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C-3505 - Corona del Mar Community Youth Center Drainage Remediation
March 25, 2004 Brongo Construction 32332 Camino Capistrano, #205 San Juan Capistrano, CA 92675 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC Subject: Corona del Mar Community Youth Center Drainage Remediation (C- 3505) To Whom It May Concern: On March 25, 2003, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on May 27, 2003. The Surety for the contract is Colonial American Casualty and Surety Company, and the bond number is 08668369. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, CMC City Clerk cc: Public Works Department Stephen Luy, Project Manager 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 9 0 .... r t IV�I:iiS� r'; V.liv�hk"';t'rrilli . CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR COMMUNITY YOUTH CENTER DRAINAGE REMEDIATION CONTRACT NO. 3505 BOND NO. 08668369 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ being at the rate of $ 1.649 price. thousand of the Contract WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Name of Contractor, hereinafter designated as the "Principal , a contract for construction of CORONA DEL MAR COMMUNITY YOUTH CENTER DRAINAGE REMEDIATION, Contract No. 3505 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. 3505 and the terms thereof require the furnishing of a Bond for.the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and COLONIAL AMERICAN CASUALTY AND SURETY COMPANY duly authorized to transact business under the laws of the State of California as Surety (hereinafter *Surety) are held and firmly bound unto the City of Newport Beach, in the sum of SIM FOUR THOUSAND AND EIGHT rs ($ e4,Rnn-an ) lawful money of the United States of America, said sum .being equal .to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided onits 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 0 0 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In 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 16 day of OCTOBER 2002.�� BRONCO rON gnr room Name of Contractor (Pnnapal) COLONIAL AMERICAN CASUALTY AND SURETY Name of Surety 23232 PERALTA DRIVE, SUITE 222 LAGUNA H LS CA 92653 (949) 461 -7000 Telephone Authorized SAnatt(lritle, f j JAMS W. MOILANENj ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 10/16/2002 before me, JENNIFER C. GIBONEY NAME OF NOTARY PUBLIC personally appeared, JAMES W. MOILANEN personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by hisfherhheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. JENNIFER C. GI80NEY o comm. #1251235 i : °m NOTARY PUBLICCALIFDRNIA 9 ]]5 ORANGE COUNTY 0 My Comm. EKD• Ian. 23, 2004 �! OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT lomyMw d ItZiZ4I4MV►H 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC May 27, 2003 Brongo Construction 32332 Camino Capistrano, #205 San Juan Capistrano, CA 92675 Subject: Corona del Mar Community Youth Center Drainage Remedition (C -3505) To Whom It May Concern: On March 25, 2003, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on April 21, 2003, Reference No. 2003000439596. The Surety for the contract is Colonial American Casualty and Surety Company, and the bond number is 08668369. Enclosed is the Labor & Materials Payment Bond. Sincerely, L�'h LaVonne M. Harkless, CMC City Clerk LMH:Iib cc: Public Works Department Stephen Luy, Project Manager encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 • www.city.newport- beach.ca.us i 0 9 PREMIUM INCLUDED CITY OF NEWPORT BEACH IN PERFORMANCE BOND PUBLIC WORKS DEPARTMENT CORONA DEL MAR COMMUNITY YOUTH CENTER DRAINAGE REMEDIATION CONTRACT NO. 3505 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Name of Contractor, hereinafter designated as the "Principal," a contract for construction of CORONA DEL MAR COMMUNITY YOUTH CENTER DRAINAGE REMEDIATION, Contract No. 3505 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. 3505 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, l o nrggl CASUALTY AND smrr"ry COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety') are held firmly bound unto the City of Newport Beach, in the sum of SIXTY Dollars ($ 64.800.00 ) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Eraployment 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 THOUSAND EIGHT Ll E 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 16 day of OCTOBER _;�t*2. BRONCO CONSTRUCTION, INC. Name of Contractor (Principal) COLONIAL AMERICAN CASUALTY AND SURETY Name of Surety g 2�3�2{32 PEffRAT TA DRIVE, SUITE 222 N8SS W H M'YCA. 92653 (949) 461 -7000 Telephone Authorized JAMES AYMOILANEN, ATTnRNEV-7N —FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 • i CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 10/16/2002 before me, JENNIFER C. GIBONEY NAME OF NOTARY PUBLIC personally appeared, JAMES W. M01LANEN personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. r v�)1, )1r,&r— (— . ad �Q( � (SEAL) NOOTARY PUBLIC SIGNATURE OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT JENNIFER Q' QM5NCY (t COMM. #1251235 f NOTARY PUBLIGCALIFORNIA 3 u ORANGE COUNTY r°v My Comm. Exp. Jan. 23, 2004 0 0 Power of Attorney COLONIAL AMERICAN CASUALTY AND SURETY COMPANY HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203 -1227 Know ALL MEN BY THESE PRESENTS: That the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, by F. L. BORLEIS, Vice - President, and T. C. JOHNSON, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, on the reverse side hereof and are hereby certified to be in full force constitute and appoint Yung T. MULLICK and James W. M lawful agent and Attorney -in -Fact, to make, execute, seal tv deed: any and all bonds and undertakings, each iqq���pe' nalty no ($6,000,000) and the execution of such bonds 1 rYakings Company, as fully and amply, to all inte�g� purposes aW., the f the Laws of said Company, which are set forth fdCt on the dre hereof, does hereby nominate, N, both fe, California, EACH its true and If r tsits behalf as surety, and as its act and K7ed the sum of SIX MILLION DOLLARS 'dnce of these presents, shall be as binding upon said had been duly executed and acknowledged by the regularly elected officers of the Cont a its office ' ore, Md., in their own proper persons. The said Assistant Secretary d(*ss he'"reby rWi& at the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws and is now in force. IN WITNESS WHEREOF, th ai dice- President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of�i Ud COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 10th day of December, A.D. 1999. ATTEST: COLONIAL AMERICAN CASUALTY AND SURETY COMPANY isi�i�l By: CLQCfoIlIXAAb� T. C. Johns Assistant Secretary F. L. Borleis Vice - President State of Maryland 1 I ss: County of Harford On this 10th day of December, A.D. 1999, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came F. L. Borleis, Vice - President and T. C. Johnson, Assistant Secretary of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swom, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. �A.>n04 f p NGlA0.Y � � Pl'8lW- t, � /�I Patricia A. Trombett(T Notary Public My Commission Expires: October 9, 2002 L1428- 186.2077 P EXTRACT FROM BY -LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "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, undertakings, 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 COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. 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 COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. 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 16 day of OCTORFR , 7009 Assistant Secretary • RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk MOO' Newpo�{)Beeidh -9 3300 Newport Boulevard Newport Beach, CA 92663 - Xe pursuant to ( i Recorded in official Records, County of orange Tom Daly, Clerk - Recorder 11$111111,1111111111111111 lllfllPj 111I1 111111111111111114111111 NO FEE 2003000439596 08:24am 04121103 214 95 N12 1 o.00 L) 00 0.00 0.00 0.00 0.00 o.00 o.00 NOTICE OF COMPLETION 6103" NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Brongo Construction of San Juan Capistrano, California, as Contractor, entered into a Contract on October 22, 2002. Said Contract set forth certain improvements, as follows: Corona del Mar Community Youth Center Drainage Project (C -3505] Work on said Contract was completed on March 10, 2003, and was found to be acceptable on March 25. 2003, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Colonial American Casualty & Surety Company. m Public. rks Director City ewport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. / Executed on )C'03 at Newport Beach, California. BYC'lL�7y City Clerk 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC March 26, 2003 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the Corona del Mar Community Youth Center Drainage Project (C -3505) Please record the enclosed document and return it to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, CMC 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 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 0 Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Brongo Construction of San Juan Capistrano, California, as Contractor, entered into a Contract on October 22, 2002. Said Contract set forth certain improvements, as follows: Corona del Mar Community Youth Center Drainage Project (C -3505) Work on said Contract was completed on March 10. 2003, and was found to be acceptable on March 25. 2003, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Colonial American Casualty & _Surety Company. public rks Director City ewport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on 1 ° /ClfeZ 2� , 2CO3 at Newport Beach, California. BY elf n �Z" 4& City Clerk A , 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT E Agenda Item No. 10 March 25, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Luy, Associate Civil Engineer 949 - 644 -3311 sluy @city.newport- beach.ca.us SUBJECT: CORONA DEL MAR COMMUNITY YOUTH CENTER DRAINAGE, CONTRACT NO. 3505 — COMPLETION AND ACCEPTANCE RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On October 22, 2002, the City Council authorized the award of the Corona Del Mar Community Youth Center Drainage Contract to Brongo Construction of San Juan Capistrano, California. The work in this project consisted of: Removal of sand Construction of a PCC slab with rubberized surface and artificial turf Installation of drain lines and inlets Installation of a PVC sub -drain system with drain inlets Restoration of turf Previous studies by Consultants determined subsurface water and moisture buildup caused warping of the floor in the Corona Del Mar Community Youth Center. The solution involved the installation of a corrective drainage system to divert subsurface SUBJECT: Corona del Mar Corr•ity Youth Center Drainage, Contract No. 3505 - C tion And Acceptance March 25, 2003 Page 2 flow around the building and eliminate any sump conditions contributing to the buildup of subsurface waters. The improvement was accomplished by providing drainage in sump /sand pit areas, reconstructing the sump area /play area with concrete and a rubberized surface, and the construction of a sub -drain system around the Youth Center to facilitate the drainage of subterranean waters. The Contractor also provided surveying services. 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: $64,650 Actual amount of bid items constructed: 66,690 Total amount of change orders: 4,655 Final contract cost: $71,345 The increase in the amount of actual bid items constructed over the original bid amount resulted from the need for additional drains, subdrains and drain cleanouts exceeding the bid item quantities. The final overall construction cost including change orders was 10.3 percent over the original bid amount. Five change orders totaling $4,655 were written for this project. 1. Deletion of 1 -inch rubberized surface, creating a credit of $7,945. 2. Removal and reconstruction of an 8 -inch wide mow strip to a higher elevation allowing the rubberized surface to be installed without the need for a step down from adjacent concrete improvements. The change order also included the relocation of existing 2 -inch irrigation main, relocation of existing irrigation wires and additional salvage work to remove the existing playground equipment intact for a total cost of $6,437. 3. Additional storm drain pipe, filter fabric, asphalt patchback and a rock rip rap drain outlet for a cost of $2,763. 4. Hand excavation of an encroaching City owned gas line and time material work for a total cost of $1,159. 5. Time extension for temporary fencing and a modification of deduct in Change Order No.1 for an additional cost of $2,241. Funds for the project were expended in the following account: Description CYC Drainage Remediation All work was completed on March 10, 2003. Account No. Amount 7011- C4120672 $71,345.00 k, SUBJECT: Corona del Mar Comno Youth Center Drainage, Contract No. 3505 - Corn n And Acceptance March 25, 2003 Page 3 Environmental Review: Categorically Exempt -under Chapter 3, Article 19, Section 15302, Class 2 of the Title 14 California Code of Regulations. Replacement or reconstruction of existing structures or facilities on the same site having substantially the same purpose and capacity. Prepare y: _--e //'� /�Z= Stephen Luy Associate Civil Engineer Submitted by: tephefi G. Badum Public Works Director CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658- 8915 until 11 a.m. on the 10th day of October 2002, at which time such bids shall be opened and read for CORONA DEL MAR COMMUNITY YOUTH CENTER DRAINAGE REMEDIATION Title of Project Contract No. 3505 $58,000.00 Engineer's Estimate by phen G. Badum is Works Director �O\4 P • \ \ays \P Cost of Plans: $10.00 Prospective bidders may obtain one set of bid documents at actual cost at the office of the PuHic Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "A" For further information, call Stephen Luy. Project Manager at (949) 644 -3330 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR COMMUNITY YOUTH CENTER DRAINAGE REMEDIATION CONTRACT NO. 3505 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 SPECIALPROVISIONS ................................................................. ...........................SP -1 E 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR COMMUNITY YOUTH CENTER DRAINAGE REMEDIATION CONTRACT NO. 3505 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 ADDENA 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. Bidders' security shall be returned to unsuccessful bidders within a reasonable time not to exceed 60 calendar days after the successful bidder has signed the Contract. 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 in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. t�l19u7 - YJ ,ei -), aI Contractor's License No. & Classification Date CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR COMMUNITY YOUTH CENTER DRAINAGE REMEDIATION CONTRACT NO. 3505 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of 10 PERCENT OF BID AUNT Dollars ($ IOX OF BID AMOUNT , to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of CORONA DEL MAR COMMUNITY YOUTH CENTER DRAINAGE REMEDIATION, Contract No. 3505 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to duly enter into and execute the Contract Documents for the construction of the project in the form required within ten days (10) (not including Saturday, Sunday, and federal holidays) after the date of the mailing of Notice of Award; otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 16TH day of SEPTEMBER 2 BRONCO CONSTRUCTION. INC. Name of Contractor (Principal I�e.c),�a.rc1 j3rvngJ — (�res"i-e�+ COLONIAL AMERICAN OCASUALTY .,AND SURETY Name of Surety 23232 PERALTA DRIVE SUITE 222 Address of Surety LAGUNA HILLS, CA. 92653 -1438 (949) 461 -7000 Telephone Authorized U T. MULLICR, ATTORNEY - Ix - FFCT Name and Title (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF On 9/16/2002 ORANGE before me, JENNIFER C. GIBONEY NAME OF NOTARY PUBLIC personally appeared, YUNG T. MULLICK personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. JENNIFER C. GIBONEY I` p COMM. #1251235 o NOTARY POBLIC-CALIFORNIA 3 ' f ORANGE COUNTY 7 - My Comm. Exp, Jan. 23, 2004 (SEAL) 'OTARY PUBLIC SIGNATURE OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT Power of Attorney COLONIAL AMERICAN CASUALTY AND SURETY COMPANY HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203 -1227 Know ALL MEN BY THESE PRESENTS: That the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, by F. L. BORLEIS, Vice-President, and T. C. JOHNSON, Assistant Secretary, in pursuance of authority granted by Article Vl, Section 2, of the -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force �ect on the to hereof, does hereby nominate, constitute and appoint Yung T. MULLICK and James W. N, both �i�fife' California, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, s�ea4irin er, for �Z its behalf as surety, and as its act and deed: any and all bonds and undertakings, each alty not eed the sum of S1X MILLION DOLLARS ($6,000,000) and the execution of such bonds gF de irltr4iance of these presents, shall be as binding upon said Company, as fully and amply, to all in[ a p urpose ,st h`ey had been duty executed and acknowledged by the regularly elected officers of the Com5$�� its office�ry �ltrmore, Md., in their own proper persons. The said Assistant Secretary d�ss heer-eby tfii�%hat the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of �g mpany, and is now in force. IN WITNESS WHEREOF, 3 Vice- President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of h aid COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this I Oth day of December, A.D. 1999. ATTEST: COLONIAL AMERICAN CASUALTY AND SURETY COMPANY !± eau llk_4144 _ By: C 6aLfafliYMS(� T. C. Johns Assistant Secretary F. L. Borleis Vice - President State of Maryland ss: County of Harford On this 10th day of December, A.D. 1999, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came F. L. Borleis, Vice - President and T. C. Johnson, Assistant Secretary of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swom, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. yV A +aoM G +ARV — /� PUILW'AQ J � . G i`u ocW / Patricia A.Trombetti NotoryPublic My Commission Expires: October 9, 2002 L 1428 -186 -2077 EXTRACT FROM BY -LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "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 Anomeys -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, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." CERTIFICATE 1, the undersigned, Assistant Secretary of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. 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 COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. 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 attomey 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 16TH day of SEPTEMBER , 2002 Assistant Secretary CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR COMMUNITY YOUTH CENTER DRAINAGE REMEDIATION CONTRACT NO. 3505 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Name, Bid Description of Work Percent of Address, Telephone # Item Total Bid Number 33c S}ruOWUA.0 S q a. -d E s t. , �i�z�m I 96e , C�q `L,-bq cib� .l�S'1.. �411n1 4� CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR COMMUNITY YOUTH CENTER DRAINAGE REMEDIATION CONTRACT NO. 3505 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON- RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number Project Description Approximate Construction Agency Name Contact Person From I� [zoo Telephone (11LO Original Contract Amount $193joo Final Contract Amount $ 13i 'ir(A 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. 2 Project Name /Numb Project Description 46 Approximate Construction Dates: From Agency Name Contact Person To: Z/2ooj Telephone (9gq) LJ q Y-- S 33 Original Contract Amount $3 233m Final Contract Amount $ LI 3-7,727 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 (Jo I To: u / - Oa Telephone (1 W) 9 U L4 — 93 98 Original Contract Amount $19b5 LLI Final Contract Amount $ i c OS le L] 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. u C No. 4 Project Name /Number Project Description n u Approximate Construction Dates: From l n Agency Name I& 11-- 11,,,^, v Contact Person K;A- NO Telephone (9yg1 9 3 6 -- 53 Original Contract Amount $310000 Final Contract Amount $ 'D S Z q If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims Wgainst 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 J Approximate Construction Dates: From Le 12-00-2 To: 1 100 Agency Name Contact Person Telephone ('i k'6 qGq — S'" V6 Original Contract Amount $]43dop Final Contract Amount $ 3 %i- S S% If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. fLk d No. 6 Project Name /Number 01 Project Description V lf.k� + 12 hRJT:) Approximate Construction Dates: From Agency Name R J ' ,&_fr\ 2 DC)0 �t To: Z- OCI Contact Person ' Or _� Telephone te'ty9 3101 44 Ll 2, Original Contract Amount $J .01 r 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 oft tractor's current financial conditions. / 10 Christopher Alves SUMMARY OF QUALIFICATIONS BRONGO CONSTRUCTION 1998 to Present Superintendent CHRISTOPHER BACKHOE 1989 -1997 Owner /Operator MONTE COLLINS BACKHOE 1984 -1989 Operator K.M.P. ENGINEERING 1979 -1984 Foreman Extensive knowledge of all phases of pipeline projects. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR COMMUNITY YOUTH CENTER DRAINAGE REMEDIATION CONTRACT NO. 3505 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of ORANGE) ,2 4- F(15,IU (i being first duly swom, deposes and says that he or she is r=-" I t! -z!i of Rc G n c" 31 the party making the foregoing bid; that the bid is not made Yin 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 Califo ' hat the foregoing is true and correct. Bidder Authorized Subscribed and sworn to before me this � day of O(T o V 2002. [SEAL] PATRICK CARRIE Nota Public rn COMM. #1363855 > PATR176 CARRIE, NOTARY PUBLIC < No[aryPublicCafroma y My Commission Expires: -7- S -0 6 g MyORAN COUNT Y 11 Bidders 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR COMMUNITY YOUTH CENTER DRAINAGE REMEDIATION CONTRACT NO. 3505 DESIGNATION OF SURETIES Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): CI If'a L 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR COMMUNITY YOUTH CENTER DRAINAGE REMEDIATION CONTRACT NO. 3505 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Namel l.l�l.�G7v Record Last Five (5) Full Years 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 2001 2000 1999 1998 1997 Total 2002 No. of contracts 2A Total dollar Amount of �y L�� IDS o' Contracts (in LOGY 1,1 t a�o� t tipc° qjr U), 5 Thousands of $ p.� 3, S 'L k I \ No. of fatalities O 6 O O C) No. of lost Workday Cases I I No. of lost workday cases involving permanent transfer to another job or o 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 Brow Cwubu tion, Inc 32332 Camino Capistraw, Sfa #205 Legal Business Name of Bidder SMJUWCa*WW,C3t 92675 Business Address: Business Tel. No.: State Contractor's License No. and Classification: C9 U q_ Li n, ca, C ;L Titles A2r-\ } 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 — G Title Signal ef— bidder Date Title ` Signature of bidder CALIFORNIA NOTARY Date ACKNOWLEDGEMENT ATTACHED Title (p 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 0 0 State of CALIFORNIA County of ORANGE On OCC, q ,7.aoZ before me, PATRICK CARRIE, NOTARY PUBLIC (DATE) (NAME/TITLE OF OFFICER-i.e.'JANE DOE, NOTARY PUBLIC) personally appeared (,EOPA" 9P-0966 (NAMEIS) OF SIGNERIS)l ❑ personally known to me -ORA PATRICK CABBIE in COMM. #1363855 D Notary Public CaA(omia y y � ORANGE COUNTY 4 My Comm. Expires 7/5/06 Witness my hand and official seal proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is /ales subscribed to the within instrument and acknowledged to me that he /slrekiey executed the same In his /flr authorized capacity(ies1, and that by hisfhyls�lF�+' signature(sl on the instrumentthe person(sl, or the entity upon behalf of which the persons) acted, executed the instrument. (SEAL) L ISIGNATU OF NOTARY) ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE Title or Type of Document 8( D MUST BE ATTACHED TO THE DOCUMENT Number of Pages Date of Document 10 DESCRIBED AT RIGHT: Signerls) Other Then Named Above WOLCOTTS FORM 63340 flea. 394 twice clpa 9 -IA) 1994 WOLCOTTS FORMS. INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYAEPRESENTATIONRWO FINGERPRINTS RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BY SIGNERIS) )WINDIVIDUALISI ❑CORPORATE OFFICER(S) OPARTNER(S) ❑LIMITED ❑GENERAL DATTORNEY IN FACT GTRUSTEE(S) D GUARD IANICONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Personls) or Entity(iss) RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BY SIGNEWS) DINDIVIDUALISI DCORPORATE OFFICER(S) an"S1 GPARTNERIS) DLIMETED DGENERAL DATTORNEY IN FACT GTRUSTEEIS) DGUARDIAN /CONSERVATOR DOTHER: SIGNER IS REPRESENTING: INeme of Personls) or Entitylles) 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR COMMUNITY YOUTH CENTER DRAINAGE REMEDIATION CONTRACT NO. 3505 ACKNOWLEDGEMENT OF ADDENDA Bidders name The bidder shall signify receipt of all Addenda here, if any: I Addendum No. I Date Received I Signature I `tiy 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 CORONA DEL MAR COMMUNITY YOUTH CENTER DRAINAGE REMEDIATION CONTRACT NO. 3505 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: Business Address: �)Z -53a �' Ix�.fti ® \ A � �Jl '. '� �Q�S ; CJ°z q j to "1 S Telephone and Fax Number: CtLt9- L4�13- OC�'2D — g14q-uL4 3 -0102� California State Contractor's License No. and Class: Ca(4 20I Li % - j C� I (REQUIRED AT TIME OF AWARD) Original Date Issued: il a3- gzExpiration Date: `-1' 30 -dLl 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: i/Iiar" 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 q P i L Corporation organized under the laws of the State of �'S�C 1rC�1J� LDU 16 0 0 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor co ance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes o 17 Are any claims or actions unresolved or outstanding? Yes 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. ZICON AD ROtiJ CA 4, (Print name of Owng[ or P sident Bidder Authorized gna /Title � L Title Date Subscribed and swom to before me this P i"' day of PATRICK CARRIE, ROTARY PUBLIC 18 0 (;�_O (; C�P' , 2002. [SEAL] 0 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR COMMUNITY YOUTH CENTER DRAINAGE REMEDIATION CONTRACT NO. 3505 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 CORONA DEL MAR COMMUNITY YOUTH CENTER DRAINAGE REMEDIATION CONTRACT NO. 3505 CONTRACT THIS AGREEMENT, entered into this day of , 2002, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Brongo Construction, Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: CORONA DEL MAR COMMUNITY YOUTH CENTER DRAINAGE REMEDIATION Project Description 3505 Contract No. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3505, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to go 0 0 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 sixty-four thousand, six hundred fifty and 00/100 Dollars ($64,650.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor it 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: Stephen Luy (949) 644 -3330 F. LABOR CODE 3700 LIABILITY INSURANCE Contract, hereby certifies: CONTRACTOR Brongo Construction, Inc. 32332 Camino Capistrano, #205 San Juan Capistrano, CA 92675 949 - 443 -0620 949 - 443 -0626 (Fax) Contractor, by executing this " I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and 21 0 L 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 Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage .,occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing 22 0 0 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 i. 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 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 1. City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 24 0 0 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. I. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. AS TO FORM: BRONGO CONSTRUPTIQJ4, INC. TTORNEY 25 and Title ,acoRO' CER'tI ICATE.t7F LIABIU: INSUI A NC Date (mm /tltl /YY) Pro r 714 289 -7676 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Seltzer Insurance Service ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. 1524 E. Mayfair Ave THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE Orange, CA 92867 COVERAGE AFFORDED BY THE POLICIES BELOW. Company Claremont Liability Insurance Co. A Company progressive Insurance B Insured HFONG01 -COS Company Fireman's Fund Insurance Company C Brongo Construction 32332 Camino Capistrano, #205 CoDany State Compensation Ins Fund cc�u�r�aG�s THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY POLICY CO LTR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE LIMITS A ENERAL LIABILITY Commercial General Liability Claims Made 00ccur RM01- 20749 -01 03/01/02 03/01/03 General Aggregate 2,000,000 —s Products Completed OpsA Personal & Advertising Injury Each Occurrence 0 hdar s & Contractor's Protective Fire Damage (any 1 fire) 5 Medical Expense amv one person) s Inon AUTOMOBILE LIABILITY Any Auto Combined Single Limit 4 1,000, 000 B All Owned Autos 04756949 -0 03/01/02 03/01/03 Bodily Injury Scheduled Autos (per person) Hired Autos Bodily Injury Nan -Owned Autos (per accident) C,atg /C011 DED $ 1,000 Property Damage GARAGE LIABILITY Auto Only - Ea cg Accident Other Than Auto Only Any Auto Each Accident A re ate EXCESS LIABILITY Umbrella Form Other Than Umbrella Form Each Occurrence A re ate B WORKERS' COMPENSATION EMPLOYERS LIABILITY Tae Pro Proprietor Inc) PannerslExecmive Officers are: Excl 1663406 11/17/01 11/17/02 Statutory Lima or EL Each Accident EL 0 s¢ase8olicy Limi[ EL Ois mm-Ea Employee OTHER C Inland Marine fired /Rented /Eq MXI98401494 03/01/02 03/01/03 697,840 Scheduled 300,000 Any One Unit DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /SPECIAL ITEMS he City, its officers, officials, employees and volunteers are named as dditional insured(s) as per attached endorsement and with respect to work n Proj7ect: Corona Del Mar Youth Center Drainage located in the City of ewport Beach, Remediation Contract No. 3505. giver of Subrogation To Be Included. Cwl.1I "TE lidLD ii :' CPiW ELLA7It)N 07 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL El� MAIL _ 3 0- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE City Of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92658 LEFT, presentetwe ACORR iG1 /98l By;4,il vb14rLY I;na 6AGU�'4'O,� t�Tf N 198$; 6rongo Construction Inc. POLICYNUMBER: RM01- 20749 -01 0 COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY ADDITIONAL INSURED — OWNERS, LESSEES, OR CONTRACTORS (FORM B) This Endorsement Modifies Insurance Provided Under The Following: COMMERCIAL GENERAL LIABILITY COVERAGE PART: SCHEDULE NAME OF PERSON OR ORGANIZATION: The City of Newport Beach, its Officers, Agents, Officials, Employees and Volunteers 3300 Newport Blvd. Newport Beach, CA 92663 PROJECT: Corona Del Mar Youth Center Drainage Contract No. 3505 If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. IT IS FURTHER AGREED that such insurance as is afforded by this policy or by these policies for the benefit of the additional insured(s) shown above shall be primary insurance and any other insurance maintained by the Additional Insured shall be excess and non - contributory. Representative CG 20 10 11 85 COPYRIGHT, INSURANCE SERVICES OFFICE, INC. 1984 ATE ', P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807, COMPENSATION INSURANCE - - - - FU N D CERTIFICATE OF WORKERS` COMPENSATION INSURANCE OCTOBER POLICY NUMBER: 1.663406 21, 2002 663;06 01 - - CERTIFICATE EXPIRES: 11-17-02 ' 3 CITY OF h'tArtiRT TEACH 4 E ! Bi rr:"WOR c. DEPT OCT.2 .3 2 ,.rS�l NEWPORT i Ut. 4 u , � - _ � - 002 NEWPORT £EACH CA , 't 5q jOBi CORONA El_ MAP VDIATH CENTER DRAINAiGE tai .,k This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. J0 This policy Is not subject to cancellation by the Fund except upon }fin days' advance written notice to the employer. 30 We will also give you TRN days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any !requirement, term, or condition of any contract or other document with respect to which this certificate `of insurance may tie. issued or may pertain, the - insurance afforded by the policies. . described herein is subject to all the terms, exclusions and conditions of such policies. AUTHORIZE D R EPRESEN TAT] Vr - - - PRESIDENT EMPLOYER'S _IABILIT:Y LIMIT :INCLUDItu_ DEFENSE 'CI)S ._a Y1,000C 000 PER OCCURRENCE -. ENDORSEMENT B0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 10/21/02 IS ATTACHED TO 4WD-FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSI_IREM CITY OF NEWPORT BEACH 1. ENDORSEMENT 112065 ENTITLED CERTIFICATE HOLDERS' :TIKE EFFECTIVE -. - -. 1111-7.-01 IS ATTACHED TO .AND FORMS A PAKr nF THIS POLICY. ENDORSEMENT #2570 EidT.I;Ia._EL Aria'ER OF SIi I +k GHT :.UW EFFECTIVE 10/21:02 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THINK PARTY NAME: CITY KNEWPORT BEACH r EMPLOYER B OINGO COM TRUCI IOW INC 32 CAMINO CA rSTRAN'O.STE -2C SAN JUAN CAPISTRANO 'CA! 42675 , ® m 10/30/2002 11:44 7142890503 PAGE 02/02 Brongo Construction, inc. POLICY NUMBER: 04756949 -0 COMMERICAL AUTOMOBILE LIABILITY THiS ENDORSEMENT CHANGES THE POLICY PLEASE READ CAREFULLY ADDITIONAL INSURED PRIMARY COVERAGE This endorsement modifies insurance provided under the following: COMMERICAL AUTOMOBILE LIABILITY COVERAGE PART It is hereby understood and agreed that the following amendment to the definition of "INSUREDS" Shall include the entity designated below but only to the extent it falls within the amended definition. The Definition of 'INSUREDS" is amended to include ANY PERSON OR ORGANIZATION WHO IS LEGALLY RESPONSIBLE FOR THE USE OF THE INSURED AUTOMOBILE BY THE NAMED INSURED, ITS EMPLOYEES, OR ANY PERSON USING THE INSURED AUTOMOBILE WITH THE NAMED INSUREDS PERMISSION.' IT IS ALSO UNDERSTOOD that this insurance is primary for 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. Other insurance afforded to that insured will apply as excess and not contribute as primary to the insurance afforded by this endorsement. All other endorsements, provisions, conditions and exclusions of this insurance shall remain unchanged and apply to the additional insured described below. SCHEDULE ADDITIONAL INSURED. City of Newport Beach, Its Officers, Agents, Officials, Employees And Volunteers Public Works Department 3300 Newport Blvd. Newport Beach, CA 92658 CONTRACT I PROJECT: Corona Del Mar Youth Center Drainage Contract No. 3505 Aut onzed Representati OCT -30 -2002 WED 09:15 AM CAL SURANCE FAX N0, 71J91654 P. 01 'UCIILi. [UUC J;dDvm YuO116 worKS '4x'044'3610 NO. UO 4 r- C F-a,Y# 7q9- togq -3 ,3Id� CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMEMENT 1 4"paH�' CERTIFICATE OF INSURANCE CHECKLIST THIS CHECKLIST IS COMPRISED OF REQUIREMENTS AS OUTLINED BY THE CITY OF NEWPORT BEACH. COMPANYIPERSON REQUIRED TO HAVE CERTIFICATE: 15;wNCa o - C0t4ST12 0TL00 I. GENERAL LIABILITY: A. INSURANCE COMPANY' CLARE of T L(o.61UTJ CD. B. AM BEST RATING (AXII or grost6o, f} V I II C. ADMITTED COMPANY: (Must be California admitted) Is camp edmtlted in California? Yes )(No_ D. LIMITS: (Must be $1,000,000 greater) What is limit provided? G klal v► E. PRODUCTS AND COMPLETED OPERATIONS: (Must Include) Is it included? Yes No F• ADDITIONAL INSURED WORDING TO INCLUDE: (The City, Its offloersofficials, ampb Yoe s, and voluntmm). Is it Included? Yeses No ✓ t91� Pe���......FFFr-��� f-d+� VA F" U G. PRIMARY AND NON CONTRIBUTORY WORDING (Must be Included) Is 4 Included? Ye o H. CAUTION! (Confirm that loss or liability of the Named insured is not limited solely by their ugence ) I. Does endorsement Include `solely by negligence' wording? Yes_ No.x J. NOTIFICATION OF CANCELLATION: Although two is a provision 114at requires notification of cancellation by certified man per the City's Risk Manager, the City will only accept the "will mail 30 day written notice to the certificate holder named to the left." Wording. II_ AUTOMOBILE LIABILITY: A. INSURANCE COMPANY, PROrReaslge B. AM BEST RATING (A VII or greaw C, ADMITTED COMPANY: (MUST BE ADMITTED) Is mmpony admitted? Yes No D. LIMITS: (Must be $1,000,000 minimum W & PD and $600,000 UM) What is I $provided 1 hu.-L a E.. ADDITIONAL INSURED WORDING TO INCLUDE: (The City, its officers fflcials, employees, and volunteers . Is h Included? _ NoK ,p�F: PRI BUTO I G (Must be included for Waste Haulers ONLY), Is it ded? Y o G_ NOTIFICATION OF CANCELLATION: Although there is a provision that requires nolific8tion of cancellation by cardP{ed mal per the City's Risk Manager, (he City will accept the "will mail M day written notice to the certificate holder named to the left." wording. III.WORKERS COMPENSATION; A. INSURANCE COMPANY r, tWM9 B. AM BEST RATING (A VII or greater) mot- /Qe f -e.A C_ LIMITS: Statutory D. WAVIER OF SUBROGATION' (To include)_ Is it included? YeS_ No_ HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes_ IF Nil WHICH ITEMS NEED TO BE COMPLETED? _ Please make sure you have met each requirement before submitting your Insurance to the City. Attach the required endorsements to the certificates. If you have any questions, please call Shauna Oyler ("$) 6444311 - Campany Profile • Company Profile • Page I of 2 AM Insurance COLONIAL AMERICAN CASUALTY AND SURETY COMPANY 3910 KESWICK ROAD BALTIMORE, MD 21211 800 - 382 -2150 Former Names for Company Old Name: COLONIAL AMERICAN CASUALTY & SURETY Effective Date: 09 -08 -1995 COMPANY Agent for Service of Process ANDREW K. PLATT, CORPORATE CENTER 225 SOUTH LAKE AVE SUITE 700 PASADENA, CA 91101 -0000 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: NAIC Group #: California Company ID #: Date authorized in California: License Status: Company Type: State of Domicile: 34347 0212 4362 -0 July 06, 1996 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 refer to the glossag. FIRE SURETY Company Complaint Information http:/ /www4.insurance.ca.gov /wu/idb_co _prof utl.get_co_prof?p_EID =62424 10/31/2002 • • PR 1 of 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL CORONA DEL MAR COMMUNITY YOUTH CENTER DRAINAGE REMEDIATION CONTRACT NO. 3505 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3505 in accord 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 /Site Security @Ju)o jkew -J Dollars and o Cents $ Z C) C) o Per Lump Sum 2. Lump Sum Clearing and Grubbing (a J'Kw Dollars and ° Cents $ 1000 Per Lump Sum 3. Lump Sum Grading /Import/Export/Turf Restoration @ 7ULn a �a Dollars and ° Cents $ Lj co 0 Per Lump Sum • • 1 =4welim ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Storm Drain Main Connection Dollars and b Cents $ Woo Per Lump Sum 5. 490 L.F. Install 6 -Inch Perforated Subdrain with 3/4 -Inch Rock Backfill and Filter Fabric @ J6tvL Dollars and o Cents $ yy Per Linear Foot 6. 10 Ea. Install 6 -Inch Drain Cleanout @,-)Wt; kk,,fin, J Dollars `) and Z-O� $ ZOUc) Cents $ Per Each 7. 70 L.F. Install 4 -Inch Drain Pipe @ Dollars and D Cents $ 2 e) $ �{ Per Linear Foot 8. 2,135 S.F. Construct 4 -Inch Thick PCC Slab/Wire Mesh Reinforcement & Rubberized Surface @ J-Q-tA A4/v- Dollars and Cents $ 4 $ Z No Per Square Foot 9. 2 Each Install 12" X 12" Drain Cover (Flush Type) @ •6W,, OL� Dollars O and Cents $ ZOO $ y 0 U Per Each Ll 0 PR3of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 2 Each Install 12" X 12" Drain Cover (Atrium Type) ff @ .�Um �JAQ-c' Dollars and b Cents Per Each 11. Lump Sum Provide Survey Service @ kka -�"J Dollars and O Cents Per Lump Sum TOTAL PRICE IN WRITTEN WORDS $ Zvo $ L} ao $ ) aoa and U Cents $ L04 '(0 b U -- V --q "o2 Date Bidder gL-49 -LA L4 3-aozoIgL4g Bidders Telephone and Fax Numbers Bidder's (DC[a9i Q -? , T C 2l Bidder's License No(s). and Classification(s) Dollars Total Price (Figures) Bidder's Address C, C zhr�� U9 ln'� S F:\USERS\PBW\Shared\Contracts\FY 01 -02 \CDM Community Youth Ctr Drainage C- 3505\PROPOSAL C- 3505.doc 0 6 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS CORONA DEL MAR COMMUNITY YOUTH CENTER DRAINAGE REMEDIATION CONTRACT NO. 3505 INTRODUCTION PART 1--- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2 -6 WORK TO BE DONE 1 2 -9 SURVEYING 1 2 -9.3 Survey Service 1 2 -9.6 Survey Monuments 1 SECTION 3 CHANGES IN WORK 2 3 -3 EXTRA WORK 2 3 -3.2 Payment 2 3 -3.2.3 Markup 2 SECTION 4 CONTROL OF MATERIALS 2 4-1 MATERIALS AND WORKMANSHIP 2 4 -1.3 Inspection Requirements 2 4 -1.14 Inspection and Testing 2 SECTION 5 UTILITIES 3 5 -2 PROTECTION 3 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 3 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 3 6 -7 TIME OF COMPLETION 3 6 -7.1 General 3 6 -7.2 Working Days 3 6 -7.4 Working Hours 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 4 7 -8.5 Temporary Light, Power and Water 4 7 -8.6 Water Pollution Control 47- 8.6.1 Best Management Practices and Monitoring Program 5 7 -8.8 Steel Plates 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 5 7 -10.1 Traffic and Access 5 7 -10.2 Storage of Equipment and Materials in Public Streets 5 7 -10.4 Public Safety 5 7- 10.4.1 Safety Orders 5 7 -10.5 "No Parking" Signs 6 7 -15 CONTRACTOR LICENSES 6 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 6 SECTION 9 MEASUREMENT AND PAYMENT 6 9 -3 PAYMENT 6 9 -3.1 General 6 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 8 201 -2 REINFORCEMENT FOR CONCRETE 8 201 -2.2.3 Wire Mesh Reinforcement 8 SECTION 207 PIPE 8 207 -17 PVC PLASTIC PIPE 8 207 -17.1 General 8 207 -17.18 Encasement ad Bedding 8 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 9 300 -1 300 -1.3 300 -1.3.1 300 -1.5 SECTION 303 0 CLEARING AND GRUBBING Removal and Disposal of Materials General Solid Waste Diversion 9 9 10 10 CONCRETE AND MASONRY CONSTRUCTION 10 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 10 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 10 303 -5.1.1 General 10 303 -5.4 Joints 10 303 -5.4.1 General 10 303 -5.5 Finishing 10 303 -5.5.1 General 10 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 10 308 -1 GENERAL 10 308 -4 PLANTING 10 F: \USERS \PBW\Shared \Contracts \FY 01- 02\CDM Community Youth Ctr Drainage C- 3505 \SPECS INDEX C- 3505.doc • SP 1 OF 10 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS CORONA DEL MAR COMMUNITY YOUTH CENTER DRAINAGE REMEDIATION CONTRACT NO. 3505 INTRODUCTION All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the Plans (Drawing No. P- 5182 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including Supplements; (4) Standard Specifications for Public Works Construction (1997 edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated 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 providing survey, removing sand, constructing PCC slab and rubberized surface with artificial turf, installing drain lines and inlets, installing PVC sub -drain system and drain inlets, restoring turf and constructing other incidental items of work." 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The Contractor will provide construction staking, using a registered licensed surveyor in the State of California, as required to construct the improvements." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and protect them 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 Engineer or Licensed Surveyor shall also file the required Corner Records with the County of Orange upon monument restoration. 0 • SP2OF10 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 parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. 0 SECTION 5 - -- UTILITIES • SP 3 OF 10 5 -2 PROTECTION. Add the following: "Contractor shall protect all existing utilities in place." SECTION 6 - -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the Notice to Proceed. No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The 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 of CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." The term "work" as used herein shall consists of providing survey, removing sand, constructing PCC slab and rubberized surface with artificial turf, installing drain lines and inlets, installing PVC sub -drain system and drain inlets, restoring turf and constructing other incidental items of work. 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the contract within twenty (20) consecutive working days after the date on the Notice to Proceed. It will be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1st, the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday in • • SP 4 OF 10 November (Thanksgiving), December 24th (1/2 days for Christmas Eve), December 25th (Christmas) and January 31st (112 day for New Years Eve). 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 8:00 a.m. to 4:30 P.M. Monday through Friday. Should the Contractor elect to work outside normal working hours, he must first obtain special permission from the Engineer. The request may be for 4:30 P.M. to 6:30 P.M. on weekdays or 8:00 A.M. to 6 P.M. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $55.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7.1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500 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 the inconvenience to the public." SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "The Contractor shall protect all existing City irrigation facilities in place." 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 an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." 7 -8.6 Water Pollution Control. Add to this section "Surface runoff water containing mud, silt or other deleterious material due to the construction of this project shall be • • SP5OF10 treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin or drainage channel. 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 the back charging of the contractor for all costs plus 15 percent. 7 -8.8 Steel Plates. The City can provide a limited quantity of steel plates. These plates may be obtained for a rental charge of $15.00 per plate per week or part thereof. In addition the Contractor shall deposit $100 for the use of the City's lifting eye fitting and for the use of trench plates. The Contractor shall obtain plates from and return plates to the City's Utilities Yard at 949 West 16th Street. To determine the number of plates available and to reserve the plates, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (949) 718 -3402. 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 accord with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, parking lots or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. Prior to move -in, the Contractor shall take photos of the lay -down area. The Contractor shall restore the lay -down area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 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, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." ll • SP6OF10 7 -10.5 "No Parking" Signs. The Contractor shall furnish, install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division at (949) 644 -3741, 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'S 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 all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and submitted to 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 submitted to 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 item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: • • SP7OF10 Item No. 1 Mobilization /Site Security: Work under this item shall include all preparation and scheduling of materials and equipment necessary to complete the contract work and securing the construction site from access by unauthorized individuals. Also included is the preparation of a Best Management Practice proposal to mitigate any potential migration of deleterious materials into any drainage system. Item No. 2 Clearing and Grubbing: Work under this item shall include removing all natural and objectionable materials from the right -of -way within the construction limits and all other work items as required to complete the work in place. Work under this item shall also include pruning roots of any adjacent trees that interfere with the construction and all work necessary to root prune trees complete and in place. Item No. 3 Grading /Import/Export/Turf Restoration: Work under this item shall include all grading of the site, import/export of necessary material and plant restoration in those area of construction that have denuded areas of turf and all other work as required to complete the work in place. Item No. 4 Storm Drain Main Connection: Work under this item shall include connecting the new storm drain system to the 48 -inch storm drain system main and any other miscellaneous connections to existing storm drains and all other work as required to complete the work in place. Item No. 5 Install 6 -Inch Perforated Storm Drain: Work under this item shall include installing 6 -inch Schedule 40 perforated storm drain with 3/4-inch crushed rock bedding, wrapped with filter fabric, fittings and all other work as required to complete the work in place. Item No. 6 Install 6 -Inch Storm Drain Cleanouts: Work under this item shall include installing 6 -inch storm drain cleanouts and all other work as required to complete the work in place. Item No. 7 Install 4 -Inch Drain Pipe: Work under this item shall include installing 4- inch Schedule 40 drain pipe and fittings, and connecting the 4 -inch drain pipes to the existing drain line, and all other work as required to complete the work in place. Item No. 8 Construct 4 -Inch Thick P.C.C. /Rubberized Surface: Work under this item shall include removing and disposing of the existing sand, sub -grade compaction, installing 6 -inch X 6 -inch Wire Mesh Reinforcement, constructing 4 -inch thick P.C.C. slab, sawcutting control joints, pouring rubberized surface (Spectra Turf), and all other work items as required to complete the work in place. Item No. 9 Install 12 -Inch X 12 -Inch Flush Type Drain Cover: Work under this item shall include the installation of a 12 -Inch X 12 -Inch Flush Type Drain Cover and all work necessary to complete the work complete and in place. • • SP8OF10 Item No. 10 Install 12 -Inch X 12 -Inch Atrium Type Drain Cover: Work under this item shall include the installation of a 12 -Inch X 12 -Inch Atrium Type Drain Cover and all work necessary to complete the work complete and in place. Item No. 11 Provide Survey Service: Work under this item shall include providing any and all surveying necessary to complete the work complete and in place. 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." 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.3 Wire Mesh Reinforcement. Add to this section: "Wire Mesh Reinforcement shall be 10 gauge wire mesh." SECTION 207 -- -PIPE 207 -17 PVC PLASTIC PIPE 207 -17.1 General. Add to this section: "All drain pipes shall be schedule 40 PVC pipe or approved equal." 207 -17.18 Encasement and Bedding. PVC perforated schedule 40 pipe shall be encased in % -inch rock and wrapped in Marifi -140N filter fabric or approved equal. Contractor shall submit shop drawings and literature from the vendor. PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials • • SP9OF10 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. 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 workday." 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. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. 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 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: 'Bottom Cover shall not be subjected to any traffic and allowed to cure to a minimum strength of 2,000 psi for a minimum of three days." 303 -5.4 Joints 303 -5.4.1 General. Add to this section: 'The Contractor shall provide control joints or make sawcuts at a minimum of 10 -foot x 10 -foot squares to minimize cracking. The initial 10 -foot x 10 -foot square shall be centered on the concrete bottom cover drain. All sawcuts shall be made to a depth of 2 inches." 303 -5.5 Finishing 303 -5.5.1 General. Add to this section: 'The Contractor shall hold the surface grade tolerances to within 0.02 feet of those elevations shown on the plan." SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section: `The contractor is responsible for clearing and grubbing, pruning and removing tree roots less that 2 inches in diameter that interfere with the work. The Contractor shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. • • SP 10 OF 10 The contractor shall arrange to meet for this work with the City's Urban Forester, Mr. John Conway at (949) 644 -3083 a minimum of five workdays prior to beginning the work. The Contractor shall describe his method of pruning and removing minor tree roots that may be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters tree roots 2- inches in diameter or larger, he shall cease work at that location and immediately contact the City's Urban Forrester for inspection. Upon inspection, the Urban Forrester may require the Contractor to formally submit a plan for removing the large roots to the City for review." 308 -4 Planting. Add to this section: 'The Contractor shall replant those areas excavated or damaged, at all construction locations, as a part of his drain installation with turf of the same type as that removed. Turf shall be planted in accordance with Section 308 -4.8." _y ., 0 OCT 2 ? 2062 TO: Mayor and Members of the City Council FROM: Public Works Department October 22, 2002 CITY COUNCIL AGENDA ITEM NO. rI SUBJECT: CORONA DEL MAR COMMUNITY YOUTH CENTER DRAINAGE REMEDIATION - AWARD OF CONTRACT NO. 3505 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3505 to Brongo Construction for the Total Bid Price of $64,650, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $6,500 to cover the cost of unforeseen work. DISCUSSION: At 11:00 A.M. on October 10, 2002, the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low Brongo Construction $64,650 2 VCI Telecom, Inc. $81,840 3 Atlas- Allied, Inc. $102,370 The low total bid amount is 11.5 percent above the Engineer's Estimate of $58,000. The low bidder, Brongo Construction, Inc., possesses a General Classification "A" contractor's license as required by the project specifications. Brongo Construction, Inc., has satisfactorily completed similar projects for the City. The work involved in this project involves: • Removal of sand • Construction of a PCC slab with rubberized surface and artificial turf • Installation of drain lines and inlets • Installation of a PVC sub -drain system with drain inlets • Restoration of turf �3 J) SUBJECT: CORONA DEL MAR01MUNITY YOUTH CENTER DRAINAGE REMEDIAIQ - AWARD OF CONTRACT NO. 3505 October 22, 2002 Page: 2 Consultants have previously determined that subsurface water and moisture buildup has caused continued warping of the floor in the Corona Del Mar Community Youth Center. The solution, as proposed by the City's Engineering Consultant, BV Engineering, has been to implement a corrective drainage system to divert subsurface flow around the building and eliminate any sump conditions contributing to the buildup of subsurface waters. This will be accomplished by providing drainage in one sump /sand pit area, reconstructing an adjacent sump area /play area with concrete with a rubberized surface and the construction of a sub -drain system in those areas around the Youth Center to facilitate the drainage of subterranean waters. Contractor is to provide surveying services. There are funds available in Account No. 7015- C4120324 for this project. Respectfully submitted;; )RKS DEPARTMENT Badum, Director By: _,,e� -7 'X Stephe Luy, .E. Project Manager Attachment: Project Location Map Bid Summary I U Q W m H O 0. W Z O H u H Z W Q a W O N Y V J m IL N O O N O O E 63 O Q O 0 W A x � N U 0 0 0 N p N N 0 y O W a` u U U O x U Z w O Q J a c U o s0. Q U m m LLI H H O O r O J O > IA N ui Q W F Q w z cn w U Z W Z CL W W • N a K O LL K Q 0 m 0 o° m 0 0 a N H a 3 °o °o °0 00. 000 O °o 0 0 0 Z O o N O m 0 0 0 cif O O O O O O O ON m o o nn 0 = 0 N to N n In .-� .v .-i N ti C N Q O Q 0 0 0 0 0 0 0 0 0 0 0 m 0000 000 0000 - H - 0 0 60 In O In N 0 0 0 0 Q Z 0 0 0 0 m O N N O O O 0 0 0 o N N In N M N n n N N 0 0 0 0 '0 O 0 0 .. 0 0 0 0 O O O O 9. O C:); p z0adcd Z 0oui uio . it1 N O N d n 0 Ot m Ol O 0 ci D d N t0 in t0 d N N d d N -SO V atom NIIT m .:00 EQ O co N y 0 C, 0 0 0 0 0 0 0 0 0 F- O O O O O O �n O O O O �- O V O N id n .. n °i ui o > Z d N ID m m d m ~ N N ON Z 0 d d 6 m ti N 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 O O O O p 0 0 0 0 O O O O O O O O c 40000 Z O O O O 1 0 0 0 m O O O �n Od ooado0 N Q d ° O U O O O O 0 0 0 0 0 0 0 ° O o o O 0 0 0 0 0 0 0 c �_ 0 0 0 0 0 d o a 00 0 00000 m Z 0 0 0 0 -*ON N .+000 N N O O 00 o o 0 0 0 0 0 0 0 0 0 0 0. 0 0 0 0 0 0 0 0 P ~ zin000 0 0 0 0 0 0 0 00000 coo MOOO °m�no�n q ion m_nnoo E O N N O t N N 0 < N W Q 06 N N W 0 ""0 0 O 00 0 0 0 0 C 0 0 0 O O O O O O O � O O O a m 0000 w z mm a w � o Ln ur mmo m N m N fn In N m J LL J Q J J } J J J LLLLII N W W H H .-i .v .y .� O m O On ti N N .y D d V U O d C y m E r O L N O N ' 'L Z v O N N > U > 0 j U N c C_ (n N 0_ 'O a°i C° O y a is D U c v._ ? E y J ° N c c i N Ni N N 00 o a E m c c c c E H m0 to_°� iE�. d _ c - _ O N� O N� N N Q C in vi O C 01 0 - H • N a K O LL K Q 0 m 0 o° m 0 0 a N H a 3 i PROJECT U (_ LOCATION -7 C.S'E7T�.V9 UAI� `f°,pQ°R Yr ca r he Aplo gA p�C�Cse�Q� C�CaE C7Cl�� i sa�c`�a�"�f7C7f7�� CITY OF EWPORT B IRKS DEPARTMI ORNA DEL MAR YOUTH CENTER DRAINAGE REMEDEIATION DATE APPROVED C -35 DRAWING NO. EXHIBITA 4 CITY OF NEWPORT *EACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 926WS915 (949) 644 -3005 November 13, 2002 Atlas- Allied, Inc. 1210 North Las Brisas Anaheim, CA 92806 -1823 Gentlemen: Thank you for your courtesy in submitting a bid for the Corona del Mar Community Youth Center Drainage Remediation Project (Contract No. 3505) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR COMMUNITY YOUTH CENTER DRAINAGE REMEDIATION CONTRACT NO. 3505 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF THE TOTAL AMOUNT OF THE BID Dollars ($ in ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of CORONA DEL MAR COMMUNITY YOUTH CENTER DRAINAGE REMEDIATION, Contract No. 3505 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to duly enter into and execute the Contract Documents for the construction of the project in the form required within ten days (10) (not including Saturday, Sunday, and federal holidays) after the date of the mailing of Notice of Award; otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 26TH day of SEPTEMBER , 2002. ATLAS- ALLIED, INC. Name of Contractor (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 225 S. LAKE AVE., STE. 700 PASADENA, CA 91101 Address of Surety (626)792 -2311 Telephone I, SECRETARY /TREASURER Agent J W JOHNSON ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 5 -1 • State of California } } ss. County of Orange } On September 26. 2002 , before me, Brad L. Settoast, Notary Public Date Name and Title of Oil (e.g., 'Jane Doe, Notary Public') Personally appeared BRAD L S T GASTT2 a COMM M 1253598 D NOTARY PUBLIC • CALIFORNIA m Q ORANGE C,OUNrY 9 my Commission E*bn Feb. t/, 20M ® personally known to me El PF81yed to Fne on the basis of satisfa(GWF� evidease to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she executed the same in his /her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ntirld official seal. Place Notary Seal Above - S' ture of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: September 26, 2002 Number of Pages: Signer(s) Other Than Named Above: Atlas- Allied, Inc. Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer- Title(s): - ❑ Partner - -- ❑Limited ® Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: V'r aer rvavonal notary Aee00a0ee • 93bU Ueeolo Ave.. V.O. 5DX 2002 • ObaBwenh. OA 91313 -24DZ 5-2 0 Power of Attomey FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203 -1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY corporation of the State of Maryland, by W. B. WALBRECHElji in pursuance of authority granted by Article VI, Section 2, of �KN reverse side hereof and are hereby certified to be in full ", constitute and appoint J. W. Johnson, of Fullerton, Call its 1 execute, seal and deliver, for, and on its behalf as sur as its and the execution of such bonds or undertakings in p a of they fully and amply, to all intents and purposes, as if been d officers of the Company at its office in Baltimore m the' o issued on behalf of J. W. Johnson, dated Januay�998. r AND DEPOSIT COMPANY OF MARYLAND, a ;e Presidegp gttd T. E. SMITH, Assistant Secretary, -Laws Company, which are set forth on the I eff ' D' i e date hereof, does hereby nominate, ve wfu c l agent and Attorney -in -Fact to make, deed: any and all bonds and undertakings ents, shall be as binding upon said Company, as cured and acknowledged by the regularly elected proper persons. This power of attorney revokes that The said Assistant Secretary does hereb iiy that th�aa set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of mpany,s now in force. IN WITNESS WHEREOF, the sai Presiden� Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the sa�ELITI ND DEPOSIT COMPANY OF MARYLAND, this 19th day of November, A.D. 1999. ;\R0, ATTEST: FIDELITY AND SIT COMPANY OF MARYLAND fsena ' T E. Smith Assistant Secretary W. B. Walbrecher Vice - President State of Maryland } SS: County of Baltimore ))) On this 19th day of November, A.D. 1999, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. Walbrecher, Vice - President and T. E. Smith, 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. Carol J Fa r Notary Public My Commissi Expires: August 1, 2000 L1428- 0124152 5 -3 CALIFORNIA ALL- PURPOACKNOWLEDQMENT • State of California County of Orange on September 26, 2002 before me, Nile R. Sensabaugh - Notary Public DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE. NOTARY PUBLIC' No. 5907 personally appeared Eva Siciliani - Secretary /Treasurer NAME(S) OF SIGNER(S) ❑ personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(g) whose name(t) is /06 subscribed to the within instrument and ac- knowledged to me that AV /she /fdid* executed the same in MYS /her /t,Iygyr/ authorized capacity(ies), and that by Vil9! /her 1t*Y4Vr1 signature(4) on the instrument the person(t), or the entity upon behalf of which the person(S) acted, executed the instrument. NILE R. SEN 53065 H WITNESS m hand and official seal. 03 Comm.# 1253065 00 y m NOTARY PUBLIC- CALIFORNIA Q ORANGE ,xm Ma S. My Gomm. Exprm MircA 6.2004 SIGNATURE OF NOTARY 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. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL CORPORATE OFFICER Sec.- Trea. TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Atlas- Allied, Inc. DESCRIPTION OF ATTACHED DOCUMENT BIDDER'S BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES September 26, 2002 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01983 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 81309 -7184 5 -5 F CITY OF NEWPORT INEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 November 13, 2002 VCI Telcom, Inc. 1921 W. 11 m Street Upland, CA 92806 -1823 Gentlemen: Thank you for your courtesy in submitting a bid for the Corona del Mar Community Youth Center Drainage Remediation Project (Contract No. 3505) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, M Ak LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR COMMUNITY YOUTH CENTER DRAINAGE CONTRACT NO. 3505 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of Total Aeount Bid ------------------ ----------- Dollars ($ --- --- ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of CORONA DEL MAR COMMUNITY YOUTH CENTER DRAINAGE REMEDIATION, Contract No. 3505 in the City of Newport Beach, IS accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to duly enter into and execute the Contract Documents for the construction of the project in the form required within ten days (10) (not including Saturday, Sunday, and federal holidays) after the date of the marling of Notice of Award; otherwise this obligation sha0 become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this loth day of October 2002. ME Telcoo, Inc. Name of Contractor (Principal) Federal Timsuranep Cr ny Name of Surety 15 Mountain View Dr., Warren, Ii7 07061 Address of Surety 908- 903 -3485 Telephone President Authorized Sifnature/Title Brett John-on AAu ft io 6 "2'96 s! DiLynn Ghern, Attorney -In -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attschsd) CALIFOi1NIA ALL- P{IRPOSEAKNOWLBDGMENT State of Colorado County Of Arapahoe LJ On October 10, 2002 before me, Gloria C. Blackburn D1Ta IYMllrll O�OMCtP•eC_vu+l OOC.lgTlPY W�NC personally appeared DiLynn Guem , MAM&rov wHevs © personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be. the person(s) whose name(s) is /are subscribed to the within Instrument and ac- knowledged to me that he/she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument: my hand and official seal. My Commission Expires August 28, 2004 /Glorle C. Though the data below is not required by taw, it may prove valuable to persons relying on the document and could prevent tmudulent reattachment of this torn. CAPACITY CLAIMED BY SIGNER © NDIVIDUAL ❑ CORPORATE OFFICER D PARTNER(S) ❑ umrmD C3 GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: rum W PEPSowa OR o rmt m Federal Insurance Company icu GP 416 DESCRIPTION OF ATTACHED DOCUMENT Bid Bond TITLE OR TYPE OF DOCUMENT 3 NUMBER OF PAGES October 10, 2002 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE POW Federal Insurance Company Attn.: Surety Department ,Chubb OF Vigilant Insurance Company • 15 Mountain View Road Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know At by These Presents, That FEDERAL INSURANCE COMPANY, an Indam corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Gloria C. Blackburn, Kristen McCormick, Florietta Sanchez, Courtney Moran, Frank C. Penn, DiLynn Guern, Don R. Broyles, Pamela J. Hansen, Donald E. Appleby and Kevin W. McMahon of Denver, each as their true and lawful Attorney-In-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds (other than bail bonds) and undertakings given or executed in the course of its business (but not to include any instruments amending or altering the same, nor consents to the modification or alteration of any instrument referred to in said bonds or obligations). In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on November 13th, 2000 nneth C. Wendel, Assistant Secretary STATE OF NEW JERSEY i J a. Count' of Somerset Gerardo G, Mauro, Vice President on November 13, 20QQIo,e me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known lobe Assistanl Secretary or FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel being by me duty sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and (mows the corporate seals thereof, that the seals affixed to the foregoing Power of Anomey are such corporate seals and were thereto affuced by authority of the Ely-Laws of mid Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that he is acquainted with Gerardo G, Mauriz, and knows him to be Vice President of said Companies; and that the signature of Gerardo G. Mauriz, subscribed to mid Power of Attorney is in the genuine handwriting of Gerardo G. Mauriz, and was thereto subscribed by authority of mid By -Laws and In deponent's presence. Notarial Seal i; t Alin y,, WENDW . WALSM . , ......,, `9.?i IMSUY Public. No Lr�sl ' 6 --6L�N � lL %mil Cor —waion EtqAixs Notary Public AptA /i, Y00a Pueuc CERTIFICATION Extract from the FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY; 'All powers of attorney for and on behalf of the Company may and shall be executed In the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any paver of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys -In -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertal" to which it is attached.' 1, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the 'Companies') do hereby certify that (Q the foregoing extract of the By -Laws of the Companies is true and correct, (irk) the Companies are duty licensed and austtaaed to transact suety business In all 50 of the United Stales of America and the District of Columbia and are authorized by the U. S. Treasury Departnent; further, Federal and Vigilant are fce sed In Puerto Rico and the U. S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (III) the foregoing Power of Attorney Is true, correct and In full force and effect. Given under my hand and seals of said Companies at Warren, NJ this 10th day of October, 2002 y�URANCf oNM /S/V''�'C` W C19 $bJesVrW4� ��`r ~ !ro • �DUM� 'I'rf aS 'tFW ypPf' Kenneth C. Wendel, As stantd Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903 -3485 Fax (908) 903 -3656 e-mail: suretyC?Chubb.com Form 16 ID-W 6 (Ed. 2.281 NON.CONSW 0 0 Stateof cRiifnrnia Countyof San Bernardino On /0-10-02 before me, Teresa Vazquez DAT0 NAMERITLE OF OFRCERti..'JANE DOE. NOTARY RIBUC'1 personally appeared Ef e-tt A , Joh n Son NAMEM OF SIGNER(SII ® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s)r or the entity upon behalf of which the person(s) acted, executed the instrument. TERESA VAZQUEZ �± COMM. #f3728,5q v V NOTARyPIIB(x.�NU Witness my hand and official seal. CG SAN BERNV ND COUNIY CD Aly ri011kR.M Aup. 31 2001 8 ISEAU eli ISIGNATURE OF NOTURYT ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is rot required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. (j ' 6,- �y pp��_ �� THIS CERTIFICATE Title or Two of DouunrnT 6 6 ('%l)/j� — NQ.r./r..br'� OGArj1 MUST BE ATTACHED 2 TO THE DOCUMENT Number of Pages -8--- Date of Document 0 DESCRIBED AT RIGHT: Signerlsl OOV Twn Naned Above WOLCOTTS FORM 0.3240 R . 7A4 IFr'v do W2A1 0 199 WOLCOTTS FORMS, INC. ALL PURPOSE ACKNOWLEDGMENT IaeTH SNi.DI CAPACITYMERtESENTATIONRWO FINGERPWNTS RIGHT THUMBPRINT I0ptlons0 CAPACITY CLAIMED BY SIONERIS) ONDNIDUALISI JOCORPORATE _ OFFICER(SI OPARTNERIS) OUMITED OGENERAL ❑ATTORNEY N FACT OTRUSTEE(S) OGUARDIAWCONSERVATOR OOTHER: SIGNER IS RE"ESENTINO: Name of Perwnl.) m EI1f ytra.1 VC 1 TGIGorn , I n c RIGHT THUMBPRINT IOptionel) CAPACITY CLAIMED BY SIONERIS) ONDNIDUAL(S) OCORPORATE_ _ OFFICER(S) OPARTNERISI ❑UNITED OGENERAL ❑ATTORNEY N FACT OTRUSTEEISI OGUARDIANICONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Pa (.) W EntRY(ie.) - 111,11111, 11111ll