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Home My WebLink AboutC-3588 - Playground Improvements at San Miguel, Grant Howald, Bonita Creek, and Channel Place ParksCITY OF NEWPORT BEACH r OFFICE OF THE CITY CLERK c ek �P � `LaVonne M. Harkless. MMC qtI FpRN February 10, 2005 Sadie Construction, Inc. P.O. Box 328 Atwood, CA 92811 Subject: Playground Improvements (C -3588) To Whom It May Concern: On February 10, 2004, 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 een recorded in accordance witFi appficable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on March 26, 2004. The Surety for the contract is American Contractors Indemnity Company, and the bond number is 184008. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, MMC City Clerk cc: Public Works Department R. Gunther, P.E. enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 Fax: (949) 644 -3039 • www.city..newport- beach.ca.us a ** *EXECUTED IN FOUR COIINTERPARTS * ** BOpvEI� PREMIMM BASED ON CITY OF NEWPORT BEACH FINAL CONTRACT PRICE PUBLIC WORKS DEPARTMENT E PLAYGROUND IMPROVEMENTS AT SAN MIGUEL GRANT HOWALD, BONITA CREEK, AND CHANNEL PLACE PARKS CONTRACT NO. 3588 BOND NO. 184008 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is being at the rate of $32/2% per 3,967.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Sadie Construction, Inc., hereinafter designated as the "Principal ", a contract for construction of PLAYGROUND IMPROVEMENTS AT SAN MIGUEL, GRANT HOWALD, BONITA CREEK, AND CHANNEL PLACE PARKS, Contract No. 3588 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. 3588 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and American Contractors Indemnity 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 ONE HUNDRED FORTY -EIGHT THOUSAND, THREE HUNDRED THIRTY AND 00 /100 DOLLARS ($148,330.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. RM • • ** *EXECUTED IN FOUR COUNTERPARTS * ** 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 24th day of June , 2003. Sadie Construction, Inc. (Principal) American Contractors Indemnity Company Name of Surety 10231 Slater Ave., Ste. 202 Fountain Valley, CA 92708 Address of Surety (800) 316 -5695 Telephone Authorized Signature/Title u Kimberly Burch /Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 10 ALL- PURPOSE ACKNOWLEDGEMENT State of California County of �/ /Da D d�J On f � 3 %)before me, Re c � _ n ' ` "Iµs (DATE) q� N (NOTARY) personally appeared tCJ� r L- 1 r 5 SIGNERIS) /91:i�e_rsonally known to me - OR - 0 A DEIDRE R. fIEIDS N Comm. 11326879 ��AA NOTARY PUBLIC- CALIFORNIA W Orange County MY Comm. Expires Oet.25,2005 "a ❑ 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. NOTARY'S SI NATURE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRVSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(SI OR ENTITY(IES) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT RIGHT THUMBPRINT OF SIGNER APA 599 VALLEY-SIERRA, 800 -362 -3369 OTHER • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange ss. On �O AZT y D , before me, Edith Garibay, Notary Public Dale Name anG Title of Officer (e.g.. -Jane Doe, Notary Public) personally appeared Kimberly Burch Nama(a) ar syaer(a) Place Nolaq seal Above %%personally known to me ❑ 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 d 9:,eal_. Ig=of ryPub' 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: Suret Document Date: Signer(s) Other Than Named Above: - Capacity(ies) Claimed by Signer Signer's Name: Vo o Number of Pages: ❑ Individual Top of ibumb here ❑ Corporate Officer — Title(s)i ❑ Partner —❑ Limited ❑ General ® Attorney in Fad ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer is Representing: American Contractors Indemnity Company 01999 NanwW NaryAOa® -93550 Da Sao Aw..P.O. BO 2a02•Cbeavvvi, CA9131a2402•envvumboreacla org P Ne. 5907 Roatler. Call Fee iaroerssazr EDIT H GAR1Fi ~0 COMM. tt 123172 = n NOTARY PUeLIG- CALIFDF•11.�1 n O;v a coUNT' . i GJirl &.EKE. ALr Place Nolaq seal Above %%personally known to me ❑ 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 d 9:,eal_. Ig=of ryPub' 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: Suret Document Date: Signer(s) Other Than Named Above: - Capacity(ies) Claimed by Signer Signer's Name: Vo o Number of Pages: ❑ Individual Top of ibumb here ❑ Corporate Officer — Title(s)i ❑ Partner —❑ Limited ❑ General ® Attorney in Fad ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer is Representing: American Contractors Indemnity Company 01999 NanwW NaryAOa® -93550 Da Sao Aw..P.O. BO 2a02•Cbeavvvi, CA9131a2402•envvumboreacla org P Ne. 5907 Roatler. Call Fee iaroerssazr America Contractors Indemnity C• pany 9841 Airport Blvd., 9th Floor, Los Angeles, California 90045 07-7451 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California, a California corporation does hereby appoint, Erik ,; oliansson, Paul S. Dito, Edith Garibay,.Klm E. Heredia, Sherie L. Bell, Kimberly Burch, or Pauline La Salle Its true and lawful Attomey(s) -in -Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an Amount not to exceed 1i ** 1,5W,0W.00 Dollars * * *. This Power of Attorney shall expire without further action on September 27, 2005. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th day of December, 1990. "RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have the power and authority To appoint Attorney(s) -in -Fact and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, 1. To remove, at any time, any such Attorney -in fact and revoke the authority given. RESOLVED FURTHER, that the signatures of such officers and the seal of the Company may be a&ed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney or certificate beating such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached" IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its President on the 1st day of September, 2000. AMERICAN CONTRACTORS INDEMNITY COMPANY A CA�X� BY: , �p(ila�N Andy T. Faust, Jr., Corporate President STATE OF CALIFORNIA COUNTY OF LOS ANGELES On this 1st day of September, 2000 before me, Norma J. Virgilio, a notary public, personally appeared Andy T. Faust, Jr., Corporate President of American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. WITNESS my hand and official seal _ Conmilosiani t322po _ Nab" Public - G6hmia r - 7 Los Angalaa County Norma J. Virgilio, Notalf MyConm.E I l sa v.20t16 I, JAMES H. FERGUSON, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF, I have hereunto set my hand this 24thday of June '2003 Bond No. 184008 Agency No. #9007 JAMES H. FERGUSONVCorporate Secretary m. POA04/20/01 • 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC March 26, 2004 Sadie Construction, Inc. P.O. Box 328 Atwood, CA 92811 Subject: Playground Improvements (C -3588) To Whom It May Concern: On February 10, 2004, 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 February 20, 2004, Reference No. 2004000129935, The Surety for the contract is American Contractors Indemnity Company, and the bond number is 184008. Enclosed is the Labor & Materials Payment Bond. Sincerely, r ,�- o�Harkless, CMC City Clerk cc: Public Works Department R. Gunther, P. E. encl. 3300 Newport Boulevard - Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca:us ** *EXECUTED INOUR COUNTERPARTS * ** P•ium: Included in BOND PR.21'41UT EP-,'SEED ON Performance Sond- FENAL CONTRACT PRICE . CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PLAYGROUND IMPROVEMENTS AT SAN MIGUEL GRANT HOWALD, BONITA CREEK, AND CHANNEL PLACE PARKS CONTRACT NO. 3588 BOND NO. 184008 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Sadie Construction, Inc., hereinafter designated as the "Principal," a contract for construction of PLAYGROUND IMPROVEMENTS AT SAN MIGUEL, GRANT HOWALD, BONITA CREEK, AND CHANNEL PLACE PARKS, Contract No. 3588 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. 3588 and the terms thereof require the fumishing 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, American Contractors Indemnity Company duly authorized to transact business under the laws of the Slate of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of ONE HUNDRED FORTY -EIGHT THOUSAND, THREE HUNDRED THIRTY AND 001100 DOLLARS ($148,330.00) 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 Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of Califonaia. 26 ** *EXECUTED IN FOUR COUNTERPARTS * ** 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 24th day of June 2003. Sadie Construction, Inc. (Principal) American Contractors Indemnity Company Name of Surety 10231 Slater Ave., Ste. 202 Fountain Valley, CA 92708 Address of Surety 800 316 -5695 Telephone Authorized Signature/Title I&u 9e) >m _ t _ . Authorized Agent Sbriature Kimberly Burch/ Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 t ALL- PURPOSE ACKNOWLEDGEMENT State of California County of VGw ss. On personally appeared ' personally known to me before me, S/ Ol r-Q—x' r-1 (NOTAI DEIDRE R. FIELDS N Comm. i 1326679 NOTARY PUBLIC - CALIFORNIA N Orengs County My Canm. ExAHSS Ott.18, 1068 "s ❑ 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. Zak 9- "! . NOTARY'S SIGNATURE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITYUES) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT RIGHT THUMBPRINT OF SIGNER APA 5N9 VALLEY-SIERRA, 800 -362 -3369 0 E CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange I ss. On 6—M -0 , before me, Edith Garibay, Notary Public Dale Name aM This of officer (e.g.. •Jane Doe, Notary Pudic') personally appeared Kimberly Burch Name(s) of Signer(s) " cowm.atzsf�z =; _ �f y•E• .�NOTA?:Y PUBLIC- CALI *OFC'�I��. r� 04?p,NGE COUNTY i , rna Go,`7Ss. EXP. AUG. 9, 4'ju: 7 Place Notary Seal Above %$personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare 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 in�itrurrr WITNESS seal. 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: Surer 0 Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner —❑ limited D General ® Attorney in Fact 0 'Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: American Contractors Indemnity Company 01999 Wtiwai NO" Paenlatbn • e350 De 8010Ar,., P.O. Bey 2a02 • CMtwwM, CA 91313-2902 • www.ratbreiroaryag Pod. W. 5907 Reader. Cell TO Fm 1- 110p6764 r- ] L RECORDING REQUES D BYAND WHEN RECORDED RETURN TO: City Clerk 04 OP,:7 -1 ; 9 :22 City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in ial Records, County of Orange Tom Daly, cAecorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINOFEE "0 cos N12004000129935 09:35am 02120104 o.00 o.00 o.00 0.00 0.00 0.00 0.00 0.00 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Sadie Construction, Inc., of Atwood California, as Contractor, entered into a Contract on June 24, 2003. Said Contract set forth certain improvements, as follows: Playground Improvements (C -3588) Work on said Contract was completed on January 9, 2004, and was found to be acceptable on - February -10. 2004, by the -City Council... Title to said property. is vested in the Owner, and the Surety for said Contract is American Contractors Indemnity Company. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on'�" S' t COO at Newport Beach, California. BY CG City Clerk T1- • • • r i CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Ftb 1 U 204 Agenda Item No. ° February 10, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department R.Gunther, P.E. 949 - 644 -3311 rgunther@city.newport-beach.ca.us SUBJECT: PLAYGROUND IMPROVEMENTS AT BONITA CREEK, CHANNEL PLACE, SAN MIGUEL & GRANT HOWALD PARKS — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3588 RECOMMENDATIONS: 1. Accept the work. 1 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 June 24, 2003, the City Council authorized the award of the Playground Improvements Project contract to Sadie Construction, Inc. of Atwood California. The contract provided for the upgrading of the existing play equipment at San Miguel, Grant Howald, Bonita Creek, and Channel Place parks to meet current safety criteria for tot -lot playground equipment. This project provided the replacement of the existing outdated equipment with new City purchased units, the installation of protective surfacing under and surrounding the new equipment, the enlargement of two existing tot -lots to comply with the current "Fall Zone" safety requirements, the import and placement of new playground sand at select locations, and the construction of access provisions and other miscellaneous improvements. SUBJECT: Playground Improv at Bonita Creek, Channel Place, San Miguel 8 C@Howald Parks - Completion and Acceptance of Contra No. 3588 February 10, 2004 Page 2 The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $143,330.00 Actual amount of bid items constructed: 141,497.00 Total amount of change orders: 9,323.65 Final contract cost: $150,820.65 The decrease in the amount of actual bid items constructed under the original bid amount resulted from the decreased amount of 3 -inch thick protective surfacing required. The final overall construction cost including Change Orders was 1.68 percent over the original bid amount. One Change Order in the amount of $9,323.65 provided for the revised color of the rubber surface, additional surface grinding prior to installation of rubber surface, imported fill and miscellaneous items. Environmental Review: Staff determined that this project was exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. The project consisted of the replacement of existing playground equipment and did not impact any environmental resources. Funding Availability: Funds for the project were expended from the following account: Account Description ADA Park Grants Account Number 7251- C4310708 Amount $150,820.65 The original contract completion date was November 25, 2003. Due to the Change Order work required the completion date was extended to January 9, 2004. All work was completed by the revised completion date. Prepared by: Z. T� K^-� f� R. Gunther, P.E. Construction Engineer 0 Cl • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC February 13, 2004 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for Playground Improvements (C -3588) Please record the enclosed document and return to the City Clerk's Office. Thank you. Sincerely, t) J LaVonne M. Harkless, CIVIC City Clerk Enclosures 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk C,4 of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NOTICE OF COMPLETION 6103" NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Sadie Construction, Inc., of Atwood California, as Contractor, entered into a Contract on June 24, 2003. Said Contract set forth certain improvements, as follows: Playground Improvements (C -3588) Work on said Contract was completed on January 9. 2004, and was found to be acceptable on February 10. 2004, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is American Contractors Indemnity Company, VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. LL Executed on S- `� �CT��'I at Newport Beach, California. BY CG City Clerk 9 Is A U_ I ,vu,vRU M CERTIFICA& OF LIABILITY INSURANO& . DATE JUL 2403Y1 1 BLAKE P. SANBORN INSURANCE 16264 WHITTIER BLVD. WHITTIER CA 90603 PHONE: 562 - 943 -7174 FAX: 562- 947.7957 Agency Lic#: 0072770' INSURED SADIE CONSTRUCTION, INC. 1414 E. SAMP LANE PLACENTIA CA 92870 THIS CERTIFICATE IS ISSUED AS / ONLY AND CONFERS NO RIGHTS I HOLDER. THIS CERTIFICATE DOES ALTER THE COVERAGE AFFORDED INSURERS AFFORDING COVERAGE INSURER A'. NAVIGATORS INSURANCE COMPANY INSURER B: PROGRESSIVE INSURANCE COMPANY INSURER C: INSURER D: INSURER E NAIC # THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWRHSTANDING SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR IT'S OFFICERS, OFFICIALS, AGENTS, EMPLOYEES MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS NEWPORT BEACH, CA 92663 A ORIZE PRE T IV INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MMIODIYY) DATE IMMIDD/YYI JUL 18 04 EACH OCCURRENCE S 77177T X COMMERCIAL GENERAL LIABILITY DAMAGE TO DILUTED $ 50,000 PREMISES (En a¢urencel CLAIMS MADE X OCCUR MED. EXP (Any One Person) $ 1,000 A PERSONAL B ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS- COMP /OP AGG. $ 1,000,000 POLICY PROJECT LOC _ AUTOMOBILE LIABILITY 01614841 APR 2403 APR 24 04 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 ANY AUTO ALL OWNED AUTOS BODILY INJURY (Per person) $ X SCHEDULED AUTOS B HIRED AUTOS 'BODILY INJURY NON - OWNED AUTOS (Per .ceul.nq $ PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY. AGG $ EXCESS I UMBERELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ S DEDUCTIBLE $ RETENTION $ g WORKERS COMPENSATION AND WC STAT. OTHER TORY umrrS EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ ANY PROPRIETORIPARTNERIEXECUTVE OFFICERMUMBER EXCLUDED? E.L. DISEASE -EA EMPLOYEE $ If yes, under SPECIAL PRO SPECIAL PROVISIONS EaIOw E. L. DISEASE - POLICY LIMIT $ OTHER: DESCRIPTION OF (:)PMUTRM=ATION/VEHICLES/EXCLUSIONS ADDED ENDORSEMENT/ SEE SUPPLEMENTAL CERTIFICATE INFORMATION SPECIAL PROVISIONS CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION CITY OF NEWPORT BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE PUBLIC WORKS DEPARTMENT EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL tU DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT IT'S OFFICERS, OFFICIALS, AGENTS, EMPLOYEES AND VOLUNTEERS 3300 NEWPORT BLVD. NEWPORT BEACH, CA 92663 A ORIZE PRE T IV Attention: SHANNA OYLER AUUKU ZD (ZUUIIUtf) Cenlncate a 044Y f 0 POLICY NUMBER: GL0003557 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (Form B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY SCHEDULE Name of Person or Organization; CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BLVD. NEWPORT BEACH. CA 92663 (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 FUTHUR AGREED that such insurance afforded by this policy or by these policies for the benefit of the additional insured shown above shall be primary insurance, but only as respects as claims, loss or liability arisig out of actions by the named insured(s), his sub - contractors or materialmen or suppliers and any other insurance maintained by the additional insured(s), shall be excess and non - contributing. CG 20 10 11 85 Copyright. Insurance Services Office, Inc., 1984 Certificate # 6441 :SUPPLEMENT TO CIPTIFICATE OF LIABILITY@IS #6441 JUDATE L 2403 I DESCRIPTION OF OPERATIONS /LOCATIONSIVEHICLES /SPECIAL ITEMS CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS PER ATTACHED ENDORSEMENT. CITY OF NEWPORT BEACH, IT'S OFFICERS, OFFICIALS, AGENTS, EMPLOYESS AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED ON THE AUTO LIABILITY INSURANCE. RE: PLAYGROUND IMPROVEMENTS AT SAN MIQUEL, GRANT HOWARD, BONITA CREEK AND CHANNEL PLACE PARKS - CONTRACT # 3588 6441 CE*LDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142 -0807 COMPENSATION INSURANCE FUN 9u- cgOrIFICATE OF WORKERS' COMPENSATION INSURANCE ISSU GROUP: ,DATE: 7 2003 i A01 IDXPIRES: CERTIIFICATE 05?012200403 da� 05 -01- 2003/05 -01 -2004 CITY OF,� PORT BEACH AT 'CHP.RI ROOKS- PUBLIC WORKS SPECIALIST 3300 NEWPORT BLVD NEWPORT BEACH CA 92663 This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer. We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions, of such policies. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - DEBRA L FIELDS PRESIDENT - EXCLUDED. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 07 -02 -2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH EMPLOYER SADIE CONSTRUCTION, INC 1414 SAMP IN PLACENTIA CA 92870 IRG.SPI RI D: 08-11 -20D3 SCIF 10283E Accept Ns aNikab any Nyou aee a hint rseES - OFFIGAL STATE FUND DOCUMENT' PAGE 1 OF 1 ji iliJ_ CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 7 June 24, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Fong Tse, Associate Civil Engineer 949 - 6443311 ftse@cfty.newport-beach.ca.us SUBJECT: PLAYGROUND IMPROVEMENTS AT SAN MIGUEL, GRANT HOWALD, BONITA CREEK AND CHANNEL PLACE PARKS - AWARD OF CONTRACT NO. 3588 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Affirm Categorical Exemption for the work. 3. Award Contract No. 3588 to Sadie Construction, Inc. for the Total Bid Price of $148,330.00, and authorize the Mayor and the City Clerk to execute the contract. 4. Establish an amount of $14,670.00 to cover the cost of unforeseen work. DISCUSSION: At 10:00 AM on June 12, 2003, the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low Sadie Construction, Inc. of Atwood $148,330.00 2 Fleming Environmental of Buena Park $158,592.00 3 TMT Development Co., Inc. of Los Angeles $174,011.00 4 Ryco Construction, Inc. of Gardena $243,342.00 The low total bid amount is approximately ten percent above the Engineer's Estimate of $135,000. The low bidder, Sadie Construction, possesses a General Engineering "A" contractor's license as required by the project specifications. NOV (3$) Subject: Playground Impn,ents at San Miguel, Grant Howald, Bonita C� and Channel Place Parks — Award of Contract No. 3588 June 24, 2003 Page: 2 Although Sadie Construction is a new construction company, a reference check by staff revealed that its operators have had many years of experience completing concrete and other playground related improvements for various Southern California agencies. In particular, the City of Azusa provided staff with positive feedbacks on the work that Sadie recently completed. The existing play equipment at San Miguel, Grant Howald, Bonita Creek, and Channel Place parks was installed many years ago. Since their installation, the safety criteria for tot -lot playground equipment has changed. This project provides for the replacement of the existing outdated equipment with new City purchased units, the installation of protective surfacing under and surrounding the new equipment, the enlargement of two existing tot -lots to comply with the current "Fall Zone" safety requirements, the import and placement of new playground sand at select locations, and the construction of access provisions and other miscellaneous improvements. Environmental Review: Staff has determined that this project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. The project consists of the replacement of existing playground equipment and would not impact any environmental resources. Funding _Availability: There are sufficient funds available in the following account for the work: Account Description ADA Park Grants Prepared by: Fong�Tse Associate Civil Engineer Attachments: Project Location Map Bid Summary Account Number Amount 7251- C4310708 $163,000.00 Submitted by: Stephen G. a lu Public Works Director 0 SAN MIGUEL PARK OPROJECT LOCATION LOCATION MAPS NOT TO SCALE PLAYGROUND IMPROVEMENTS AT SAN MIGUEL, GRANT HOWALD, BONITA CREEK, AND CHANNEL PLACE PARKS C -3588 W m a O 0. 3 w Z LL O r r Z W a n. W 0 N a O U J co a Q r O � O ti _w ~ S Z, U c U U p b N N w � o U c U� z OQo Q � r U Q Q J �y 0 m m Y a m U O a O C C t U V m m U 0 c v 0 0 x O w N K p N O c O v� Z Z w �.UcF a�ZU Z _ w pZa r=Uwa U 0800088088000 Spp OB8 OO O�j Bp O�j 8 [O�O ^ O�6 N N P P V V^ ni v) N O C Q n N E —Oa 8858 585��85H5��5$�8$88S00 25 8 �S �� o n m� o � -00 o o .n Q is N 80 oz r o Q^ O M N (7 r 5W $N 8Pn 0h 88 8 088 8 - 'Z N 0 O Q Q Q O M O O V O N O O O O O O C •O N ^ N c3 V Q +J m C 0 Q N C W $888880°8°88$08 88 _ W N O p.pp n P^ M M N V ^ Q N vJ h N O Q •O P N 0 0 0 M 0 O NC= Z co N .- d •d Z N 8885858588858888800 88 SS 0 88000 P 00 P 8SopSS00000 NS 0 S C 00 Z O Z K O (V b V O M �"J •O N Q O V •00 N (V N O m -U O 7 m Q Q C SSHSSSHSpSSOSOSS�358oSSSS8>� 8 N N O h O h �O NO 0 Q 0 0 :j O U •O n N 'i N 8888585858888888805 �zg8�P$�^�g�S8�°Qo p 7 h K M M ri^ I� O rl N h 0 N O` 0 E ^N o 2 m w Q c 888888808030888885 pp O N i(J O Q •O Q 0 0 Q g W Z O w } J J J J J N N y V1 J1 J N 1 Z � Z F LL VJ N J LL N LL J N J H a^ 01do ° ^�0 -so^ O c m _ o O a a E — m Z ` E _ ° 3 c° a m c U °- p ° 7 0 a w `m U U 0 t c om cc a n o o c v v E $ U Z 0 C C C t a N h O _ o pn m n m 0 U m > 0 c O H U a a jDQa u oU U-c of '~' C o, W m UHF m N 8 m a N C D O m U U) o p 000000`oV 0 aM c oUa�ac�3m pU 'Q c .0 m Q Y Y a`a` Y Y N U O. roa U? E U O 2 w 'o a Fc M o o c m 'm > c c C U c c D oU 'x w 'O c `2u 0 .a c U o Z _Noi m m o u o 0 o E o R0 b o o o o E E o o� i U c c c c c c c 01011 a S c LL U U W r N CO V N 0 m 00 k .k( § � f )$ < )k)ƒ § \} = /§E aaaaaaee78aaaaeaaeao t§»§ §§§ ®$ ® ;OZV5'i Jd 3m,,,�« eo «,�ed 0 ,,,,� , C6 # aaaeea@aaaaaa888aa8 C) z dtZ :013e2)(•a§,)�S)} �ggs::&w @w!lwaZwgw,3 \,+ 01c))§22),eg�§2_ o �c _ \7\ 02 $ L: k—\\ ( ;S ; {/ jo § 006- gEDnDD2�`! )� � ®!•£` �S,c��zZ16Z ;w002 eoo 20 ! ; 3ko/ =B CL ��ac0'a ,n_l122c 27 §!) \�£(. 2 0 § / «\B22£z ; C Rl!�! »ao� :�to! =_)ov 2)0 =- / &&a��a°!ti " ccCDc - -- -E �§ -• «l a8a�7 0� �c! �. ;6�n)2p ;.�k£!!= 8_S $3�oa;k)k)k77t9g05oo§ aa.��200< (_,m_��,e =,22,e,f� 9 0 CITY OF NEWPORT BEACH NOTICE INVITING BIDS CITY CLERK 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 10:00 AM on the 12th day of June 2003, at which time such bids shall be opened and read for PLAYGROUND IMPROVEMENTS AT SAN MIGUEL, GRANT HOWALD, BONITA CREEK, AND CHANNEL PLACE PARKS Title of Project Contract No. 3588 $135,000 Engineer's Estimate Approved by Stephen G. Badum Public Works Director O� v� JP\�0 n Prospective bidders may obtain one set of bid documents for $15.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project. "A" For further information, call Fong Tse, Project Manager at (949) 6443340 S CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PLAYGROUND IMPROVEMENTS AT SAN MIGUEL, GRANT HOWALD, BONITA CREEK, AND CHANNEL PLACE PARKS CONTRACT NO. 3588 TABLE OF CONTENTS NOTICE INVITING BIDS ................................. ............................... ..........................Cover INSTRUCTIONS TO BIDDERS ...................................................... ............................... 3 BIDDER'S BOND ............................................................................. ............................... 5 DESIGNATION OF SUBCONTRACTOR( S) .................................... ............................... 6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES ............ ............................... 7 NON - COLLUSION AFFIDAVIT ...................................................... ............................... 11 DESIGNATION OF SURETIES ..................................................... ............................... 12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL. 13 ACKNOWLEDGEMENT OF ADDENDA ........................................ ............................... 15 INFORMATON REQUIRED OF BIDDER ....................................... ............................... 16 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................19 CONTRACT.................................................................................. ............................... 20 LABOR AND MATERIALS BOND .................................................. ............................... 26 FAITHFUL PERFORMANCE BOND .............................................. ............................... 28 PROPOSAL............................................................................... ............................... PR -1 SPECIAL PROVISIONS ............................................................. ............................... SP -1 PLAYGROUNDSAND AND PROTECTIVE SURFACING . .......................APPENDIX 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PLAYGROUND IMPROVEMENTS AT SAN MIGUEL, GRANT HOWALD, BONITA CREEK, AND CHANNEL PLACE PARKS CONTRACT NO. 3588 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. 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 0 0 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 at seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices AcV. 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. - 7 ?'b JEo C Contractor's License No. & Classification ' k e I V\ C- . Bidder ,NAorized SignaturelTitle 16 A 16-3 Date 4 • .Bond No. 177638-07 CITY OF NEWPORT 13EACH PUBLIC WORKS DEPARTMENT PLAYGROUND IMPROVEMENTS AT SAN MIGUEL, GRANT HOWALD, BONITA CREEK, AND CHANNEL PLACE PARKS CONTRACT NO. 35$8 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 rbp rural amn"ar of the bid in ------------ 10%------- - - - -), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of PLAYGROUND IMPROVEMENTS AT SAN MIGUEL, GRANT HOWALD, BONITA CREEK, AND CHANNEL PLACE PARKS, Contract No. 3588 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award ", otherwise this obligation shall become null and void. *Amount of bid bond not to exceed $17,500.00 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 11th day of Sadie Construction, Inc. Name of Contractor (Principal) American Contractors Indemnity Company Name of Surety 10231 Slater Ave., Ste. 202 Fountain Valley, CA 92708 June , 2003. .Autltori ed Sign ture/Title tlC✓_ Authorized Agent Si ature - . Kimberly Burch, Attorney -in -Fact Address of Surety Print Name and 800 316 -5695 Telephone (Notary acknowledgment of Princlpal d, Surety must be attached) Company Profile • Page 1 of 2 Company Profile WEISE AMERICAN CONTRACTORS INDEMNITY COMPANY 9841 AIRPORT BLVD SUITE 1414 LOS ANGELES, CA 90045 800 - 486 -6695 Agent for Service of Process FRANK M. LANAK, 9841 AIRPORT BLVD. 9TH FLOOR LOS ANGELES, CA 90045 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: 10216 0000 3634 -3 May 23, 1994 UNLIMITED- NORMAL Property & Casualty CALIFORNIA 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 terns, please refer to the gloss SURETY Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data http: / /cdiwwww. insurance. ca.gov /pls/wu_co _prof/idb_co_pm utl.get_w _proPp_EID =... 06/13/2003 0 ALLsPURPOSE ACKNOWLEDGEMENT State of California SS County of q:�K5YL On 6�/�0 3 before me, ¢ r �Yz 2'F %,e (DATE) / (NOTARY) personally appeared {✓ M - SIGNER(S) personally known to me - OR - DEIDRE R. FIELDS N Comm. t 1328879 NOTARY PUBLIC -CALIFORNIA N Olenpo Ca My MY Comm. EXPinl Oct. 20,2006 ❑ 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 off seal. NOTARY'S SIG AIIIE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT RIGHT THUMBPRINT OF SIGNER APA 5N9 VALLEY - SIERRA, 500.362 -3369 OTHER C E 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California 1 County of Orange ss. J On �' �� , before me, Edith Garibay, Notary Public Data Name and Tile of Otrcer (s.9.. -Jells Oae. Ndny Public-) personally appeared Kimberly Burch Neme(s) of agnn(s) U411' •. \ 0 ^.� +uu l ` V 11FOP LyM;a.. "'UG. %%personally known to me ❑ 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 hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my h a o I seal. Place Notary Seal Pbove S= Publk 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 ` 38 Title or Type of Document: Surety Bond No. 17 � o--7 Document Date: l0 , l ) 3 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: • Individual • Corporate Officer— Title(s): • Partner — ❑ Limited ❑ General • Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: American Contractors Indemnity Company RIGHT THUMBPRINT OF SIGNER 0 19e9NetNnalNdary AssWeeorr• M WSMAI. P.O. Box 2 -Ct,S ,CA 91313S2ia- ..na4meh,.".ry P .W.5 flemdac Cal TW. 149017"Ou American Contractors Indemnity Apany 9841 Airport Blvd., 9th Floor, Los Angeles, California 90045 07-7400 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California, a California corporation does hereby appoint, Erik JubanSSOn, Paul S. Dito, Edith Caribay, Kim E. Ileredia, Siterie L. Pell, F7 ]Burch, or Pau!ir.e La Salle Its true and lawful Attomey(s) -in -Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an Amount not to exceed S ** *1,500,000.00 Dollars * * *, This Power of Attorney shall expire without further action on September 27, 2005. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th day of December, 1990. "RESOLVED that the Chief Executive Officer, President or any lice President, Executive lace President, Secretary or Assistant Secretary, shall have the power and authority To appoint Attorney(s) -in -Fact and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove, at any time, any such Attorney -in fact and revoke the authority given. RESOLVED FURTHER, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its President on the 1 st day of September, 2000. AMERICAN CONTRACTORS INDEMNITY COMPANY 19OM 1 SEPL26,1990 � o^ By: Andy T. Faust, Jr., Corporate President STATE OF CALIFORNIA COUNTY OF LOS ANGELES On this l st day of September, 2000 before me, Norma J. Virgilio, a notary public, personally appeared Andy T. Faust, Jr., Corporate President of American Contractors Indemnity Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. NORAIA J. MR011-10 WITNESS my hand and official seal Commi sionstaa2310 3 110 Notary Public - CalBOmla 5 c Lot Angelr CeuMy Norma J. Virgilio, Not MyCWM l50=SapZ►,2006 I, JAMES H. FERGUSON, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF, I have hereunto set my hand thisl 1 th day of June Bond No. 177638 -07 Agency No. #9007 2003 Stia+�►x� 4- 3 e^g*j9 )- JAMES H. FERGUSONVCorporate Secretary m. POA04 /20101 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PLAYGROUND IMPROVEMENTS AT SAN MIGUEL, GRANT HOWALD, BONITA CREEK, AND CHANNEL PLACE PARKS CONTRACT NO. 3588 DESIGNATION OF SUBCONTRACTORS) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work 0/0 Of Number Total Bid pp Name: 1%i Wi � s4-. W Address: fa ? 1 %1_ 1Mc. � P ' K LI /(4,.'�{. Qa N�tRV`i j�p 9 Phone: Oos) 41 Q— be a o State License Nuumember: 5 7 � 63 Name: z,, S „ � ., � '__/ _7 /1 Address: p -D, f3 m/_ a_ 00 ,✓ / ! (71 A jr�ea4 la,5 �v �t_�r Phone: 9003 3 9 /T pN r r a State License Number: 70 oZ,Q 6 �- Name: Address: Phone: State License Number: Sadie Constructio c. P.O. Box 328W Atwood, CA 92811 Bidder IM /7� A - 4;4 L-fll"Cl Authorized Signaturefritle 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PLAYGROUND IMPROVEMENTS AT SAN MIGUEL, GRANT HOWALD, BONITA CREEK, AND CHANNEL PLACE PARKS CONTRACT NO. 3588 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 FF t ce. ST f H PN 1`T 4 P e Approximate Construction Dates: From Stio, .4- 1,9o0sTo: Xt' ly rrAa -aa Z T "ea -.k Fo «.To - -s Agency Name i1�7 o41 )q-2- tj C ot- Contact Person _ ro-e- .Sctec) b S Telephone(" Original Contract Amount $ 98� 1PSOF nal Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Wy-L Did you file any claims against the Agency? Did the Agency file any claims against you/Con factor? If yes, briefly explain and indicate outcome of claims. No. 2 n r Project Name /Number 1� I -Rc'& "et CAP, .0 Project Description Approximate Construction Dates: From To: Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Project Name /Number Project Description Approximate Construction Dates: From To: Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. In No. 4 Project Name /Number Project Description Approximate Construction Dates: From T Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 10 Experience Sadie Construction Inc. Sadie Construction Inc. is a new, start-up company. Debra L. Fields is the President and sole stockholder. Steven M. Fields is the R.M.O. and Sec./Treas. of Sadie Construction Inc. He is also the general manager, estimator, superintendent, and sometimes laborer at this point in time. Mr. Fields has been working in the construction field for thirty-three years and secured his `A' Contractor's License in 1983. He has gained extensive knowledge and experience working in public works with Damon Const. Co., L.G.T. Enterprises, and Ryco Const. Starting in 1976 as a yard laborer, he then progressed through the ranks of both the field and the office including foreman, job superintendent, project manager, estimator, and chief estimator, and finally, worked as a consultant while successfully running his own outside business. Mr. Fields forte is the ability to bring a project from its inception (Green Sheet Ad.) to a successful and profitable conclusion (final inspections and billings). He has for years functioned as the contact person for hundreds of projects of various sizes, up to three million dollars, and with just about every agency in existence. There have been numerous letters written by these agencies commending the work on these projects. Mr. Fields takes great pride in being able to work through the various problems that crop up on a project and being able work out solutions which are satisfactory to the concerned parties. Mr. and Mrs. Fields feel this company is a natural progression of the combined work experiences and financial positions they have achieved. They hope you will agree and give us this opportunity to perform this project for you. Thank you for your consideration. REFERENCES for Verification of Experience Steven M. Fields Sadie Construction Inc. Tel: (714) 524 -9110 Fax: (714) 961 -8920 AGENCIES: • • Community Redevelopment Agency of Los Angeles AI Nicholson, Project Engineer Tel: (213) 977 -1600 Fax: (213) 617 -8333 1980 -1990 — Various projects, including North Hollywood Carl Hasse, Project Engineer Tel: (213) 473 -7859 Fax: (213) 473 -7866 1980 -1988 — At least six projects, including Little Tokyo Mall • City of Santa Ana Nasser Rizk, Project Inspector Tel: (714) 647 -5036 Fax: (714) 647 -5823 1998 — City -wide signage & striping • City of Orange Jose Maciel, City Inspector Tel: (714) 744 -5526 Fax: (714) 744 -5573 1998 — City -wide remove and replace damaged PCC curbs, gutters, sidewalks and driveways 0 0 No. 6 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's c mant financial conditions. Sadie Construction Inc. . Bidder Atwood, CA lk ell Cut ri ed Signature/Title 11 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PLAYGROUND IMPROVEMENTS AT SAN MIGUEL, GRANT HOWALD, BONITA CREEK, AND CHANNEL PLACE PARKS CONTRACT NO. 3588 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of - 45�T2 V -41 1M t Fi "P /AS , bein first /J�(J�ulyAswor , deplgQses �aynd, says that he or she is _ S`o L_ t ee s of GCoe I`� XrAg' ITA—s r—kk , the 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 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 Athzed te of California t the foregoing is true and cWS8t8 Construction, Inc. P.O. Box 328 Bidder ' A Signature I le Subscribed and sworn to before me this day of \1 f- %u 12003. [SEAL] Notary Public DEIDRE F FIELDS My Commission Expires: 6 Comm. 1328879 N N 101 FDRIIP CALIFORNIA prangs County My Cam. Expire Dal. 26, 2D%`a 12 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PLAYGROUND IMPROVEMENTS AT SAN MIGUEL, GRANT HOWALD BONITA CREEK, AND CHANNEL PLACE PARKS CONTRACT NO. 3588 DESIGNATION OF SURETIES Sadie Construction, Inc. P.O. Box 328 Bidders 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): Bev -- 3/ & — SG gs' 13 qs -zb' 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PLAYGROUND IMPROVEMENTS AT SAN MIGUEL, GRANT HOWALD, BONITA CREEK, AND CHANNEL PLACE PARKS CONTRACT NO. 3588 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Sadie Construction, Inc. Bidders Name P.O. BOX 328 MM0009 GA 811 Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 14 Current Record Record Record Record Record Year of for for for for for Record 2001 2000 1999 1998 1997 Total 2002 No. of contracts Total dollar Amount of o Contracts (in Thousands of $ No. of fatalities p�{ No. of lost Workday Cases �p No. of lost workday cases involving f permanent transfer to �J another job or termination of employ ment 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. 14 • Sadie Constr•on, Inc. P.O. Box 328 Legal Business Name of Bidder Atwood, CA 92811 Business Address: I L4 t N E. Set w, n / v% /oic.eJ�r2. &t Business Tel. No.: (7 /ki) .Ta 4 —yl /p State Contractor's License No. and Classification: 75 (, 4?0 Title G- ehX^O -J �'n�'y eer�'k The above information was compiled from the records that are available 7o me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 15 ALL-PURPOSE ACKNOWLEDGEMENT State of California SS. County of Orl,of On C ll /ld 3 before me, 1, I �<aS MATE) F ds INOTAYI %personally appeared d S SIGNER(S) personally known to me - OR - DEIDRE fl. FIELDS COMM 11326819 • NO rt TARy PURIIC CALIFORNIA N Orunau County My Comm. Expire Oct-26,2005 ❑ 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. NOTARY'S SIGNATURE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IESI TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT RIGHT THUMBPRINT OF SIGNER APA 5N9 VALLEY- SIERRA, 800- 362 -3369 OTHER L E a 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PLAYGROUND IMPROVEMENTS AT SAN MIGUEL, GRANT HOWALD, BONITA CREEK, AND CHANNEL PLACE PARKS CONTRACT NO. 3588 ACKNOWLEDGEMENT OF ADDENDA -ladle Conatractlon, Inc. P.O. Box 328 Atwood, CA 92811 Bidders name The bidder shall signify receipt of all Addenda here, if any: kf I Addendum No. I Date Received I Signature 16 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PLAYGROUND IMPROVEMENTS AT SAN MIGUEL, GRANT HOWALD, BONITA CREEK, AND CHANNEL PLACE PARKS CONTRACT NO. 3588 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: Sadie Construction, Inc. P.O. Box 328 Name of individual Contractor, Company or Corporation: Atwo °d, CA 92811 Business Address: 11-111!J C. -'Iy •--' Lu. PI A Q� C,. �I �1P7Q Telephone and Fax Number: California State Contractor's License No. and Class: 716 ed � (REQUIRED AT TIME OF AWARD) Original Date Issued: . Expiration Date: 613 e> A 3 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: C I- Pe Id% S e 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 53+f -9// d `3*t4'&f Fi "e Md Sec /tn&3 P &C 7 /-! UL14 -71/ b Corporation organized under the laws of the State of 17 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: Sadle Construction, Inc. R.A. Max 328 Atwood, CA 92811 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 t act terminated by the owner /agency? If so, explain. � S Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for lab r compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / Are any claims or actions unresolved or outstanding? Yes / 0 18 0 If yes to any of the above, explain. 0 additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. Sadie Construction, Inc. P.O. Box 328 Atwood, CA 92811 Bidder 62 btu L, Pr °e I J s (Print name of Owner or President of Corpo on/Company thorized Signatureffitle Title Date 01-1- Subscribed and sworn to before me this day of IU, + 2003. [SEAL] 19 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PLAYGROUND IMPROVEMENTS AT SAN MIGUEL, GRANT HOWALD, BONITA CREEK, AND CHANNEL PLACE PARKS CONTRACT NO. 3588 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 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PLAYGROUND IMPROVEMENTS AT SAN MIGUEL, GRANT HOWALD, BONITA CREEK, AND CHANNEL PLACE PARKS CONTRACT NO. 3588 THIS AGREEMENT, entered into this _ day of . 2003, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Sadie Construction, Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: PLAYGROUND IMPROVEMENTS AT SAN MIGUEL, GRANT HOWALD, BONITA CREEK, AND CHANNEL PLACE PARKS Project Description 3588 Contract No. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractors bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, 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. 3588, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 20 0 0 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of one hundred forty -eight thousand, three hundred thirty and 001100 Dollars ($148,330.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final .request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Fong Tse (949) 6443340 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: Sadie Construction, Inc. P.O. Box 328 Atwood, CA 92811 714 - 524 -9110 714 -961 -8920 Fax Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and t will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 • • insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 22 0 0 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self - insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the `Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 23 0 0 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. 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. 24 K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: APPROVED AS TO FORM: .� , // CITY ATTORNEY / 25 i.`ITV !1C 61GWDADT RFAf _41 AM M SADIE CONSTRUCTION, INC. B Y : e -Co�� Authorized Signature and Tit e Jul 24 03 08:51a Blake P. Sanborn Ins. (562)947 -7957 .......p�,2 A � CERTIFIC TE OF LIABILITY INSURANCE ° "T�UL2403 TM �-P- ROD -ER- Zl CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION BLA E P. SANBORN INSURANCE ... . ..... ...... .ee ... ,..._ ........ ,.__ 74 Agency Lic#: 0072770 INSURED SADIE CONSTRUCTION, INC. 1414 E. SAMP LANE PLACENTIA CA 92070 HOLDER. THIS CERTIFICATE DOES NOT AMEN ALTER THE COVERAGE AFFORDED BY THE PC INSURERS AFFORDING COVERAGE INSURER A: NAVIGATORS INSURANCE COMPANY INSURER 0: PROGRESSIVE INSURANCE COMPANY INSURER C: INSURER 0: INSURER E: NAIC # THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TOWHICH 1HiB CERTIFICATE MAY BE ISSUED OR IT'S OFFICERS, OFFICIALS, AGENTS, EMPLOYEES AND VOLUN MAY PERTAIN THE INSUI:ANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH TEERS POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .3300 NEWPORT BLVD. ' INSR TYPE OF INSU RANCE POLICY NUMBER PoueY EEEECnvE PDUCY EEPIRI,Ibn : umrts TR L DATE IMMT I DATE(MMIn01YYl GENERAL L1111117M'r" GLOOD3567 JUL 18 03 JUL 16 04 EACH OCCURRENCE , X COMMERCIALGENERALLIABILITY MM,,a TO RENniD $ SO,000 PREMISES (En oa ,mun) CLAIMS MAO? X OCCUR • MED. GN (A^F One Parson) ,$ 1,000 A'. '.PERSONAL &ADV INJURY S 1,000,000 GENERAL AGGREGATE :$ 1.000,000 GEN'L AGGREGATE LIM T APPLIES PER: IPR000CTZ- C0MPIOP AGO. �S 1,DOOIO�10 POLICY { yIOXCT LOC ... .. -. AUTOMOBILE LIABILITY 01614641 APR 24 03 APR 24 04 COMBINED SINGLE LIMIT ANY AUTO ;lEa amirkxnl E 1,000,000 ALL OWNED AUTOS BODILY INJURY X lPe, per,mp $ SCPECULEDAUT'C,B B HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Fer acuaen0 S PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT E ANYAUTO OTHER'fHAN EA ACC' $ ,AUTO ONLY: AGG E EXCESS I UMBERELLA L ABILITY EACH OCCURRENCE 'E OCCUR CLAIMS MADE ;AGGREGATE $ E DEDUCTIBLE I . RETENTION S g WORKERS COMPENSATION AND OTHER TORY LIMITS EMPLOYERS' LIABILITY ' E.L. EACH ACCIDENT 5 ANY PRO RRARTHERR2EDUTNF OFFK:ERIMMI18 IMeMBER EXCLIIDEni E.l. DISEASE -EA EMPLOYEE E �E SPECIAL PROVISIONS e.m+ E.I. UI$EASEPOLICY LIMIT OTHER: SEE SUPPLEMENTAL CERTIFICATE INFORMATION CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION CITY OF NEWPORT BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE PUBLIC WORKS DEPARTMENT EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 10 DAYS WRITTEN NOTICE 1'0 THE CERTIFICATE HOLDER NAMED TO THE LEFT. IT'S OFFICERS, OFFICIALS, AGENTS, EMPLOYEES AND VOLUN TEERS .3300 NEWPORT BLVD. NEWPORT BEACH, CA 9Z663 AUTH LIED EP ESE Attention; SHANNA. OYLER AOUKD Z5 ("Z001I06) Cenlncete u 0411--e al�l,e P. Sanborn Ins. (562)947 -7957 ...... ... P.._3._... SUPPLEMENT TO MRTIFICATE OF LIABILITY INS #6441 JUL 24 03 DESCRIPTION OF OPERATIONS /LOCATIONSIVEHICLES /SPECIAL ITEMS CERTIFICATE HOLDEN IS NAMED AS ADDITIONAL INSURED AS PER ATTACHED ENDORSEMENT. CITY OF NEWPORT BEACH, ITS OFFICERS, OFFICIALS, AGENTS, EMPLOYESS AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED ON THE AUTO LIABILITY INSURANCE. RE: PLAYGROUND IMPROVEMENTS AT SAN MIQUEL, GRANT HOWARD, BONITA CREEK AND CHANNEL PLACE PARKS - CONTRACT # 3588 Certificate # 6441 Jul 24 03 08:51a Blake P. Sanborn Ins. [5621947 -7957 p.4 •............... POLICY NUMBER: GL0003557 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (Form B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY SCHEDULE Name of Person or Organization; CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BLVD. NEWPORT BEACH, CA 92663 (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 FUTHUR AGREED that such insurance afforded by this policy or by these policies for the benefit of the additional insured shown above shall be primary insurance, but only as respects as claims, loss or liability arisig out of actions by the named insured(s), his sub - contractors or materialmen or suppliers and any other insurance maintained by the additional insured(s), shall be excess and non - contributing. CG 20 10 11 85 Copyright. Insurance Services Office, Inc., 1984 Certificate 0 6441 ... ............ 07/25/2002 11:20 7149618920 :SADIE ENTERPRISES PAGE 02 • PICYHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142 -0807 COM►aNSAT1ON I N e U RA NCa FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE JUNE 26, 2003 GROUP: POLICY NUMBER! 1679929 -2003 CERTIFICATE ID: 4 cr."PICATE EX.PIRF,. nc -ni -annA 05- 01- 2007 /OS -01 -2004 CITY OF NEWPORT BEACH FONG TSB 3300 NEWPORT BLVD NEWPORT BEACH CA 92663 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. This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer. We will also give you 10 days advance notice should this policy be cancelled prior to Its normal expiration This certificate of Insurance is not an Insurance policy and does not amend, extend or alter the cow rape afforded by the policies listed herein. Nohvlthstanding army requirement, term cc condition of any contract or other document with reaped to which this certificate of insurance may be issued or may pertain, the Insurance afforded by the policies described heroin is subject to all the terms, exclusions, and conditions, of such policies. Nn1wnI2f0 R@PRE9ENU7VE PRESISENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 06 -26 -2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH FONG TSE EM4 R SADIE CONSTRUCTION, INC 1414 SAMP LN PLACENTIA CA 92870 6CIF 101a2E MFR11k 601 07/25/2002 11:20 7149616920 :SADIE ENTERPRISES &RIVER OF SUBROGATION • STATE CC MPENSATIO14 IN SIJ RANG FUND NOME OFFICE SAN FRANCISCO ALL EFFECTIVE DATES ARE AT 12.01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME ENDORSEMENT AGREEMENT ErFECTIVE JUNE 26, AND EXPIRING MAY 1, SADIE CONSTRUCTION, INC 1414 SAMP LN PLACENTIA, CA 92870 PAGE 03 1679929 -03 RENEWAL SP PAGE 1 2003 AT 12.01 A.M. 2004 AT 12.01 A.N. ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBROGATION AGAINST, CITY OF NEWPORT BEACH FONG TSE WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS POLICY IN CONNECTION WITH WORK PERFORMED BY, SADIE CONSTRUCTION, INC IT IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUNERATION OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE EMPLOYER. - S Ff1R2HEit �i6REE� TRAY PR 101 9N °•THE. EA s-ff " - -- EMPLOYEES SHALL BE INCREASED BY 03%. NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS BTATHD. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: JUNE 30, 2003 2570 AV Ait, c AL11WORIZEO REPRESENTATIVE PRESIDENT ..�,..nw .wsn NFV L.031 am DP 317 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL PLAYGROUND IMPROVEMENTS AT SAN MIGUEL, GRANT HOWALD, BONITA CREEK, AND CHANNEL PLACE PARKS CONTRACT NO. 3588 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. 3588 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 Lump Sum Mobilization and Construction Zone Control @ Dollars and jl)e Cents $ 1 Per Lump Sum 2. Lump Sum Clearing, Grubbing, and Miscel laneous Work @ SFN" t� Dollars and Cents Per Lump Sum • • PR2of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 3. Lump Sum Relocate, Remove and Dispose of Boulders @0 Dollars ,�j and N u Cents $ Per Lump Sum 4. Lump Sum Remove and Dispose of Existing Playgr and Eq ipment y�V= @ %tr+c eoi Dollars N6and / � 6 Cents $ j Z2,S d , *4 Per Lump Sum 5. Lump Su/{m� Install New Playgro nd Equi Dnda 3[.I o Cents $ Per Lump Sum 6. 1,745 S.F. Install 1 -3 /4" Thick Protective Surfacing @ / L� Dollars and on Cents $ 12#1 $ 9'iD. Per Square Foot 7. 1,830 S.F. Install 2 -1/2" Thick Protective Surfacing @ Dollars and 0 Cents $ 10I.e- Per Square Foot 8. 1,164 S.F. Install 3" Thick Protective Surfacing @ Dollars and D Cents $ �a �� $ Per Square Foot • • PR3of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9. 526 S.F. Install 3 -Y2" Thick Protective Surfacing @ Dollars and 3�a Cents $ $ , Per Square Foot 10. 55 L.F. Construct 36" High Reinforced Concrete Perimeter Wall @ Dollars and "YA c7 Cents $ Md. $ 50.51404P ��" Per Linear Foot 11. 80 L.F. Construct 36" High Reinforced Masonry Block Perimeter Wall @ Dollars and 0 Cents $ Per Linear Foot 12. 1,200 S.F. Wet Sandblast Concrete Surfaces at San Miguel Park @ —110 Dollars and r M d Cents Per Sq are oot 13. 15 Tons Place Pea Gravel K) @ Dollars ` n,o Cents $ 5d) " $ We Per Ton 14. 70 Tons Place New Playground Sand @ • Dollars and `-00 Cents Per Ton 0 0 PR4of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 15. 120 S.F. Remove Existing Improvements and Construct/Dowel PCC Access Ramp @ 1 Dollars and vJ Q I. 110 Cents $ "&- $ Per Square Foot 16. Lump Sum Furnish and Install Galvanized Steel Handrail `�In1'b @ Dollars C�' -1/7c:> is $ Per Lump Sum 17. 800 S.F. Construct 6" Thick PCC Walkway @ _4u Dollars /� and Cents $ / , 00- $ Per SqYare oot 18. 10 L.F. Construct Variable Depth PCC Curb (Type -B) @ Dollars �l9. �- Sdd�d3 and _ ents $ Per L' ea Foo 19. Lump Sum As-built Plans @ `IAAAL- Dollars and Cents $ Per Lump Sum TOTAL PRICE IN WRITTEN WORDS4�(I°"`��rJ�r!�7Qo ,n t f - 0 / ,r - n i , J . ' -46r�RD and !VQ Cents Total Price 0 0 • PR5of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 11,16 Sadie Construction, inc. P.O. Box 328 Atwood, CA 92811 Date - 71q,SPLN `7111) Bidder `711-4. 9b l --e9 ao 'a, Bidder's Telephone and Fax Numbers adder's Authorized ignature and Title 2,7 6 rro 6 � lNiN 4F S&i24e G1., p acay�h 6t 9avp?o Bidder's License No(s). Bidders and Classification(s) PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS PLAYGROUND IMPROVEMENTS AT SAN MIGUEL. GRANT HOWALD, BONITA CREEK AND CHANNEL PLACE PARKS CONTRACT NO. 3588 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 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 -1.3.4 Inspection and Testing 2 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 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 4 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 -10.3 Street Closures, Detours, Barricades 5 7 -10.4 Public Safety 6 7- 10.4.1 Safety Orders 6 7 -10.5 "No Parking" Signs 6 7 -10.7 Notice to Residents 6 7 -15 CONTRACTOR LICENSES 7 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 7 SECTION 9 MEASUREMENT AND PAYMENT 7 9 -3 PAYMENT 7 9 -3.1 General 7 9 -3.2 Partial and Final Payment 10 PART 2 - -- CONSTRUCTION MATERIALS SECTION 200 ROCK MATERIALS 10 200 -1 ROCK PRODUCTS 10 200 -1.1 General 10 SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 10 201 -1 PORTLAND CEMENT CONCRETE 10 201 -1.1.2 Concrete Specified by Class 10 201 -2 REINFORCEMENT FOR CONCRETE 10 201 -2.2.1 Reinforcing Steel 10 SECTION 206 MISCELLANEOUS METAL ITEMS 10 206 -5 METAL RAILINGS 10 206 -5.1 Metal Hand Railings Materials 11 SECTION 210 PAINT AND PROTECTIVE COATINGS 11 210 -1 PAINT 11 210 -1.5 Paint Systems 11 SECTION 215 PLAYGROUND PROTECTIVE SURFACES 11 215 -1 General 11 PART 3 - -- CONSTRUCTION METHODS SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 11 308 -1 General 11 308 -4 PLANTING 12 308 -4.8 Lawn Planting 12 308 -4.8.3 Sod 12 @ \usets\pbw\.shared\contracts\fy 02 -03 \playground improvements c- 3588\specs index c- 3588.doc • • SP 1 OF 12 CITY OF NEWPORT BEACH „. N'c"' PUBLIC WORKS DEPARTMENT o. SPECIAL PROVISIONS BONITA CREEK, AND CHANNEL PLACE PARKS CONTRACT NO. 3588 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- 5188 -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; (5) Landscape Structures, Inc. drawings, and (6) Pacific Design Concept Drawing. 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 the removal and disposal of existing playground equipment, excess sand; safety matting, and the tot -lot reinforced concrete perimeter walls; the construction of tot -lot concrete perimeter walls, PCC walk and PCC access ramp; the relocation of existing rock; the import and placement of playground sand; the installation of new playground equipment and protective surfacing; the wet sandblasting of concrete surfaces; and the completion of other items of work as required." 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The City will provide construction staking as required to construct the improvements. Any additional stakes or any 0 0 SP2OF12 restaking, or costs thereof, shall be the responsibility of the Contractor. The Contractor shall notify the City in writing two working days in advance of the time that the stakes are needed. The Contractor will be back - charged for the cost of restoring any survey monument damaged by the Contractor outside the project limits." 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. 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 • • SP3OF12 failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. SECTION 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. The Schedule may be bar chart or CPM style and shall have scheduled all work at one site to be completed to the Engineer's satisfaction before any work can begin at another site. 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." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within sixty (60) consecutive working days after the date on the Notice to Proceed. It shall 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 19` 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 4 ", the first Monday in September (Labor Day), November 11`h (Veterans Day), the fourth Thursday in November (Thanksgiving), December 24"', (Christmas Eve — half day), December 25`" (Christmas), and December 31 s` (New Year's Eve — half day). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 0 0 SP4OF12 6 -7.4 Working Hours. Normal working hours are limited to 7:00 AM to 4:30 PM, 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 PM to 6:30 PM on weekdays or 8:00 AM to 6 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 $60.00 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 $500.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly, preplanned, and continuous sequence so as to minimize inconvenience to residents and the public as a result of the construction operations." SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: 'The Contractor is hereby made aware that, at times, the park sites serves a large of number of visitors. The Contractor shall make all necessary work site control provisions to minimize the possibility of inconvenience or injury to the public due to the construction activities." 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City 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. Water used during construction shall be paid for by the Contractor." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be collected and disposed of off -site and shall not be allowed to pollute the existing tot -lot playground sand." 7 -10 PUBLIC CONVENIENCE AND SAFETY 0 SP5OF12 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide construction site control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc. Pedestrian and vehicle access to other areas of the park(s) not affected by the proposed improvements must be maintained at all times. The Contractor shall furnish and install signage, barricades, delineators, yellow safety tape, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction. Such measures shall be shown on the Construction Zone Control Plans (see Section 7- 10.3)." 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, 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 for each of the work sites. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a construction zone control plan for each work site. The Contractor shall be responsible for processing and obtaining approval of the plan from the Engineer. The Contractor shall adhere to the conditions of the plan and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), 2001 Edition. The construction zone control plan must meet the following requirements: 1. All excavated areas shall be barricaded whenever no work is being performed. 2. All work and staging areas shall be delineated with Type -II barricades with flashing beacons and yellow safety tape whenever no work is being performed. 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 at the job -site, including the safety of all persons and property during performance of the work. The Contractor shall fully comply • SP6OF12 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." 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.5 "No Parking" Signs. The Contractor shall 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, Parking Control Division at (949) 644 -3717, for verification of posting at least forty-eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow Away, No Parking" signs available at the Public Works Department public counter. 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 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to the adjacent residents, within 500 feet of the project, describing the project. The City will provide the notice. Forty-eight hours prior to the start of any construction, the Contractor shall distribute to the adjacent residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 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 valid Business License issued by the City of Newport Beach Administrative Services Department. • SP 7 OF 12 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" plans shall be submitted to the Engineer within twenty (20) days of work completion. 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: Item No. 1 Mobilization and Construction Zone Control: Work under this item shall include providing bonds; insurance and financing; preparation of construction schedule and construction zone control plan; deliver all required notifications; posting and removal of signs; and the placement of signs, cones, barricades, and other safety measures. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, 2001 edition, and City of Newport Beach Requirements. Item No. 2 Clearing, Grubbing, and Miscellaneous Work: Work under this item shall include the costs of all equipment, materials, and labor required to remove, dispose, and /or relocate all existing improvements so designated on the Plans such as the removal of PCC pads, excess existing playground sand, tot -lot reinforced concrete walls, reinforced concrete picnic bench, handrails, and turf; root prune existing tree(s); remove existing material and backfill planting pits and bench 'trough" with 4" thick PCC; relocate BBQ equipment; transplant exist turf; and complete other unlisted items of work required to complete the improvements. • SP 8 OF 12 Item No. 3 Relocate, Remove, and Dispose of Boulders: Work under this item shall include the costs of all equipment, materials, and labor required to relocate, remove, and dispose of boulders as indicated on the plans and per the Engineer's directions. By submitting a bid for the work, the Contractor shall have satisfied itself of the full scope of work needed to complete this item of work. In the event that some or all of the existing boulders were grouted in place, no additional compensated shall be made by the City. Item No. 4 Remove and Dispose of Existing Playground Equipment: Work under this item shall include the costs of all equipment, materials, and labor required to remove all residual concrete from equipment, remove and dispose of all existing playground equipment, matting surfaces, debris, and other interfering/unsuitable materials from all of the tot -lots. Item No. 5 Install New Playground Equipment: Work under this item shall include the costs of all equipment, materials, and labor to arrange with Coast Recreation, Inc. and Pacific Design Concepts for the delivery of playground equipment and to install the equipment per the manufacturer's instructions and drawings. Item No. 6 Install 1 -3/4" Thick Protective Surfacing: Work under this item shall include the costs of all equipment, materials, and labor to prepare the designated areas to receive the protective material and install 1 -3/4" thick poured -in -place protective surfacing per the manufacturer's instructions. Item No. 7 Install 2 -'/2" Thick Protective Surfacing: Work under this item shall include the costs of all equipment, materials, and labor to prepare the designated areas to receive the protective material and install 2 -'/2" thick poured -in -place protective surfacing per the manufacturer's instructions. Item No. 8 Install 3" Thick Protective Surfacing: Work under this item shall include the costs of all equipment, materials, and labor to prepare the designated areas to receive the protective material and install 3" thick poured -in -place protective surfacing per the manufacturer's instructions. Item No. 9 Install 3 -'/2" Thick Protective Surfacing: Work under this item shall include the costs of all equipment, materials, and labor to prepare the designated areas to receive the protective material and install 3 -'/2" thick poured -in -place protective surfacing per the manufacturer's instructions. Item No. 10 Construct 36" High Reinforced Concrete Perimeter Wall: Work under this item shall include the costs of all equipment, materials, and labor to prepare and compact the subgrade, construct the reinforced concrete wall, install waterproofing, finish, prime coat and paint (minimum two coats) the new and existing wall surfaces for uniform appearance and to match adjacent walls, and restore adjacent turf impacted by the work (with sod). Masonry block units shall not be used for this work. The M 0 SP9OF12 Contractor, at its own cost, may construct these walls with integrally colored concrete in place of the required prime coat and paint operations. Item No. 11 Construct 36" High Reinforced Masonry Block Perimeter Wall: Work under this item shall include the costs of all equipment, materials, and labor to prepare and compact the subgrade, construct reinforced masonry block wall, grout all cells, install waterproofing, finish, prime coat and paint (minimum two coats) the new and existing wall surfaces for uniform appearance, and restore adjacent turf impacted by the work (with sod). The Contractor, at its own cost, may construct these walls with integrally colored concrete in place of the required prime coat and paint operations. Item No. 12 Wet Sandblast Concrete Surfaces at San Miguel Park: Work under this item shall include the costs of all equipment, materials, and labor to cover and protect the existing nearby improvements and building from damage, wet sandblast the concrete surfaces to 1/8" depth to expose aggregates, and remove and dispose of all sandblast dust and residues surrounding the work site. Item No. 13 Place Pea Gravel: Work under this item shall include the costs of all equipment, materials, and labor to prepare the subgrade to receive the pea gravel, furnish and place a 4 -inch thick section of tamped pea gravel, and complete other items required to complete the work in place. Item No. 14 Place New Playground Sand: Work under this item shall include the costs of all equipment, materials, and labor to furnish and place new playground sand at San Miguel and Grant Howald Parks. The spreading and leveling of playground sand at all tot -lots shall be completed at no additional compensation. Item No. 15 Remove Existing Improvements and Construct/Dowel P.C.C. Access Ramp: Work under this item shall include the costs of all equipment, materials, and labor to remove and dispose of existing improvements, construct full depth access ramp, install dowels, and complete other items of work as shown on the Plans. Item No. 16 Furnish and Install Galvanized Steel Handrail: Work under this item shall include the costs of all equipment, materials, and labor to furnish, weld, debur, install, surface prep, prime coat, and paint (minimum two coats) the new galvanized handrail sections as shown on the plans to the satisfaction of the Engineer. Item No. 17 Construct 6" Thick PCC Walkway: Work under this item shall include the costs of all equipment, materials, and labor to remove and dispose of the existing improvements, native backfill, construct the PCC walk and full depth PCC "ramp ", repair the existing turf damaged by the work with sod removed from the tot -lot work, install weakened plane joints and expansion joints per the Standard Plans and as directed by the Engineer, and to complete other items of work as required to complete the work in place. • • SP 10 OF 12 Item No. 18 Construct Variable Depth PCC Curb (Type -B): Work under this item shall include the costs of all equipment, materials, and labor to remove and dispose of the existing improvements, construct the PCC curb, dowel new curb into adjacent existing PCC walk, and complete other items of work as required to complete the work in place. Item No. 19 As -Built Plans: Work under this item shall include the costs of al all equipment, materials, and labor to prepare and submit a set of as -built plans to the satisfaction of the Engineer within twenty (20) days of work completion at the last work site. 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 200 -- ROCK MATERIALS 200 -1 ROCK PRODUCTS 200 -1.1 General. Playground sand shall be crushed marble as specified by the attached specifications. 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 -2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with the minimum cover shown on the plans." SECTION 206 -- MISCELLANEOUS METAL ITEMS 206 -5 METAL RAILINGS. • SP 11 OF 12 206 -5.1 Metal Hand Railings Materials. Amend this section with, "All hand rail sections shall be fabricated from 12 -gauge galvanized steel conforming to ASTM A53." SECTION 210 --- PAINT AND PROTECTIVE COATINGS 210 -1 PAINT. 210 -1.5 Paint Systems. Add to this Section, "Primer for new handrail shall be red iron oxide primer. Paint for the new handrail shall be Frazee Interior /Exterior Trim and Industrial Maintenance Semi -Gloss Enamel Oil (Stock Red)." SECTION 215 - -- PLAYGROUND PROTECTIVE SURFACING 215 -1 General. The protective surfacing shall be Vitriturf poured -in -place safety surface as manufactured by VitrecorM, Inc. consisting of an asphalt or concrete substrate, a substrate primer, a binder /SBR base mat, a second primer and a binder /EPDM wearing course. Wearing course colors and line markers shall be provided by the Contractor as determined by the Engineer during construction. This material shall be installed either by a factory- qualified installer or by an installer that has satisfactorily installed this material on three (3) different previous projects. A list of references on the previously completed work is required. SECTION 216 — PLAYGROUND EQUIPMENT 216 -1 General. The new playground equipment to be installed for this project has been purchased by the City for installation by the Contractor. The equipment shall be installed by a factory- qualified installer or by an installer that has installed similar playground equipment on three (3) different previous projects. A list of references on the previously completed work is required. PART 3 CONSTRUCTION METHODS 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 that interfere with the tot -lot perimeter wall work at San Miguel Park. The Contractor shall arrange to meet with the City's Urban SP 12 OF 12 Forester, Mr. John Conway ((949) 644 -3083) at the site to discuss the City standards and requirements prior to the start of root pruning work. The work shall adhere to the following guidelines. 1. Root Pruninq a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using a root - pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root - cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Prunino a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump - grinding machine instead of a root - pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre- approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. 308 -4 PLANTING 308 -4.8 Lawn Planting 308 -4.8.3 Sod. The Contractor shall re -use existing grass removed by the clear and grub operations for transplants. The material shall be protected from construction damage and shall be watered and maintained in healthy condition until the repair area is ready to receive the transplant. E APPENDIX L • 0 MATERIAL SAFETY DATA SHEET Crushed Marble Quick Identifier: Product Quick Identifier: Common Name (used on label Code: Packaging: Common Name (used ockaging: T7i a nd list label and list ) Crushed Marble 1000 1 EWILK. Section 1— Product Name & nonyms: Crushed Marble Manufacturer's Name Specialized Building Emergency Chemtrec @ Products, LLC. Telepbone: 800 - 422 -9300 (24 hour service) Street 145 W. Meats Ave. Other 714- 279 -1042 Information: City, State and ZIP Orange, CA 92865 FAX: 714 -279 -1043 Date Prepared: May 10, 2002 Web address: speciauzedbnildingprodnctia.eom Section 2 — Hazardous Ingredients / Identity THE ABOVE PRODUCTS MAY CONT.tINTHE FOLLOwIAG CO�hPONENTS. Hazardous Component(s) OSHA ACGTH % - Optional CAS Number Chemical, & Common.name: PEL , TLV` Calcium Carbonate (limestone) 15 mg /m ** 10 tng /m t�> 1317 -65 -? _ 5 /m3* Silica, Quartz t 0.1 mg/m * 0.1 mg/in, 61 -.01 -1.5% 14808 -60 -7 0.3 /m3 * s NIC - 0.05 m /m3 * Respirable fraction (PEL) '* Total dust (PEL) or Inhalable Particulate (TLV) * ** STEL/CEIL - STEL stands for Short -Term Exposure Limit. Usually a ;15 - minute time - weighted average (TWA) exposure that should not be exceeded at any tune during a workday, even if the 8 -hour TWA has not been exceeded. CEIL stands for Ceiling (C) - the concentration that shall not be exceeded during any part of the working exposure. SEN - TLV - Confirmed potential for worker sensitization as a result of dermal contact and/or inhalation exposure, based on the weight of scientific evidence NIC - TLV Notice of Intended Changes i - Present as a natural occurring contaminant, ACGII-I Threshold limit values lists Silica- Crystalline Quartz as "A2- Suspected human Carcinogen" 2 - <I% Crystalline Silica- (c) - The value is for particulate matter containing no asbestos and -,I% crystalline silica. (p - Respirable fraction, fraction passing a size selector with the characteristics defined in the "C" _ Paragraph of Appendix D in the current: TLV booklet. MSDS - Crushed Marble; page - I 0 OTHER INGREDIENTS I IDENTITY Hazardous Component(s) Chemical & Common name: OSHA PEL "/" - Optional CAS Number — None N/A Reactivity in Water N/A SECTION 3 — PHYSICAL & CHEMICAL CHARACTERISTICS Boiling Point N(A Solubility in Water Less than 3% Specific Gravity (H2O = 1) N/A Reactivity in Water N/A Vapor Pressure (mm Hg) N/A pH 7-9 Vapor Density (Air = 1) N/A Melting Point N/A Appearance and Odor White powder with no odor SECTION 4 — FIRE & EXPLOSION DATA Flash Point N/A Non - Combustible 7 Xes Auto - Ignition Temperature N/A Flammability Limits in Air (% N/A volume _ S e� cial Fire Fightin Procedures no LEL Lower j N/A Unusual Fire and .Explosion Hazards None UF.L UDDcr N/A SECTION 5 - PHYSICAL HAZARDS REACTIVITY DATA Stability Unstable Stahle 7{ Conditions to Avoid None Incompatibility ( .Materials to Avoid Acids Hazardous Decomposition Products • Releases CO2 when heated to decomposition • Releases SO, when heated to decomposition Hazardous Polymerization Will Not Occur X May Occur j MSDS — Crushed Marble, pnge - 2 SECTION 7 = SPECICIAL .PRECAUTIONS AND SPILL / LEAK PROCEDURES Precautions to be taken in Handling and Storage None Other Precautions None Steps to be Taken in Case Material is Released or Spilled Contain and Scoop materials into waste container for disposal Waste Disposal Methods Dispose of in accordance with all federal, state, and local regulations SECTION 8- SPECIAL PROTECTION INFORMATION /CONTROL MEASURES Respiratory Protection (specify type) NIOSH / OSHA approved respirator for dust when dry sanding. There is limited evidence that crystalline silica (quartz) causes cancer in humans. Ventilation Local exhaust preferred; Mechanical Exhaust satisfactory Special N/A Other. N/A Protective Gloves Yes Eye Protection Safety Rlasses or gnogInc Other Protective Clothing or Equipment None Work 1 HSi-ienie Practices Avoid dry sanding. Wet: or s o is prefirTed. Tne information and data herein are believed to be accurate and have been compiled from sources believed to be reliable. It is offered for your consideration, investigation and verification. Buyer assumes all risk of use, storage and handling of the product in eompliw= with applicable federal, state and local laws and regulations. Specialized Building Products, LLC., MAKES NO WARRANTY OF ANY RIND, EXPRESSER OR IMPLIED, CONCERNING THE ACCURACY OR COMPLETENESS OF THE INFORMATION AND DATA HERIN. Specialized Building Products, LLC., will not be liable for clams relating to any party's use of or reliance on information and data contained herein regardless of whether it is claimed that the information and data are inaccurate, incomplete err otherwise misleading. MSDS — Crushed Marble, page 1 1 jt BI1 Mr=CHANJ ICA Playground Surfacing Test Report Test Dates: 913 -4/02 Report Date: 9/62002 Methods; F1292 -99 standard 913e011caton for impact A9enuaaon of surface systems under and Around Playground Equlpmenl, Test Procaedure C. headform impacting at the drown. Playbox crushed Marble 12" depth (uncompressed) Impact Velocity ompwaht F 1292 Drso e4e2 1 Vo%Q a max tilt 1 8 8 104 85 2 7.0 8 111 261 3 7.0 8 174 593 Avwa a 7.0 8 142 427 1 7.5 9 123 195 2; 7.5 9 186 614 306 3 7.3 9 161 800 Aveti a 7.4 9 163 657 1 7S 9.8 106 103 2 7.7 9.6 128 386 3 7.7 9.6 180 736 Averdge 7.7 9.8 154 561 1 6.6 8 85 108 2 8.9 6 139 477 3 6.8 8 217 901 Avara a 61 a 178 669 1 4 9 93 69 7.3 9 108 3 7.5 9 164 713 Average 7.4 9 136 713 1 7.7 9.6 104 15 2 7.7 9.6 143 587 3 7.7 9.6 192 993 Average 7.7 9.6 168 790 1 8 105 165 2 6.9 8 164 595 3 6.9 8 150 553 Avers& 6.9 8 157 574 1 7.3 9 98 84 ip. 2 7.4 9 152 495 3 7.2 9 164 746 Average 7.3 9 158 621 1 7.7 9.6 152 293 2 7.7 9.6 232 1010 3 7.7 9.6 201 965 AV =A 7.7 9.6 217 989 Based on the actual data gathered, this surface meets ASTM F1292 -99 at a height of 9 feet under all conditions. Yhis report applies only to the actual samples and conditions of this test and does not Imply any certification, warranty or guarantee of these samples or of related products. 425 SE Ninth Avenue, Portland, OR 97214, USA AIP4 TEL: +1(503) 452 -0350. FAX: +1(503) 452 -0345 www.blamechanica.com 0 Schedule of Protective Surfacing 1 -3/4" 2 -1/2" 3" 3 -1/2" Bonita Creek Park 400 SF 700 SF 0 160 SF Channel Place Park 920 SF 0 0 70 SF Grant Howald Park 425 SF 0 0 70 SF San Miguel Park 0 1,130 SF 1164 SF 226 SF Total: 1,745 SF 1,830 SF 1,164 SF 526 SF JUL -22 -03 TUE 02:51 PM FAX N0. Fax i7: _ -- CFRTIFICATE OF INSURANCE CHECKLIST City of Newport Beach P. 01 22 This chorklv;t is comprised of requirements as outlined by the City of Newport Beach. Lt tto Rernlvod: " Ak .0 3 Dept. /Contact Received From: Cate Completed:._ _I ^2- 7 "d'�� - sent to: C it O`11-e� By_ � �•c__. Company /Person required to have certificate; LQ�r,1L �br t vLE �rr� 1. Or -NERAL LIABILITY 1 A. INSURANCE COMPANY: % y t l�� 1�� 5 n CO B, AM RFST RATING (A: VII or greater): C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? E Yes 0 No D. LIMITS (Must be .$1 M or greater): What is limit provided? d0_, �� on-6-6-0— E. PRODUCT$ AND COMPLETED OPERATIONS (Must include): Is it included? t es ❑ No F, ADDITIONAL INSURED WORDING TO INCLUDE (The City its Yes oflicors, officials, employees and volunteers): Is it included? R (] No G, PI IIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? Iffry-es ❑ No H. CAUTION[ (Confirm that loss or liability of the named insured is not limiled solely by their negligence) Does endorsement include "solely by � negligence" wording? ❑ Yes ©No I. N071FICATION OF CANCELLATION: Although there is a provision that requires notification of canooilalion by certified mail; per Lauren Farley, the City will accept the endeavor wording. AUTOMOBILE_ LIABILITY A. INSURANCE COMPANY: _ 'S �{X S+Stll t-r�1,_P B. AM BEST RATING (A: VII or greater): C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? eYes ❑ No �LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? t ,CK�,C4(1 CS . ADDITIONAL INSURED WORDING TO INCLUDE The 9 M�."S ►v)t ��J/// ufrcc s QP(iTi71S _em{ r eps �ncJ vol�ntegrs Is it included? / ❑ Yes E"No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): 0(p Is It included? 11 El Yes [] No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of concellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. WORKERS' COMPENSATION L, A, INSURANCECOMPANY: 5r4f- ft, AM BEST RATING (A: VU c Q. LIIv111S: Statutory U. WAIVER OF SUBROGATION (To include): tAVF_RI.L ABOVE REQUIREMENTS BEEN MET? 1F_ISt1 1NHICH ITEMS NE!_D TO BE COMPLETED? rom ❑ Yes S�N it included? Yes ❑ No o Is