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C-3634 - Grant Howald - Community Youth Center Basketball Court Replacement
CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC November 23, 2005 International Pavement Solutions P. O. Box 10458 San Bernardino, CA 92423 -0458 Subject: Grant Howald - Community Youth Center Basketball Court Replacement (C -3634) To Whom It May Concern: On November 23, 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 Labor & Materials Bond was released on January 5, 2005. The Surety for the contract is Safeco Insurance Company of America, and the bond number is 6276830. Enclosed is the Faithful Performance Bond. Sincerely, of 9- /71 .A, 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 CITY OF NEWPORT BEACH PPremium27$1354.00 PUBLIC WORKS DEPARTMENT GRANT HOWALD - COMMUNITY YOUTH CENTER BASKETBALL COURT REPLACEMENT CONTRACT NO. 3634 BOND NO. 6276630 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 1354.00 being at the rate of $ 20.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Name of Contractor, hereinafter designated as the "Principal ", a contract for construction of GRANT HOWALD - COMMUNITY YOUTH CENTER BASKETBALL COURT REPLACEMENT, Contract No. 3634 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. 3634 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Safeco Insurance company of America ' 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 sixty -Seven Thousand Seven Hundred Twenty NO /14@wful 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. 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, induding 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 15th day of June 2004. International Pavement Solutions, Inc. Name of Contractor (Principal) Safeco Insurance Company of America Name of Surety 130 W. Vine St., Address of Surety (9D9) 792 -2345 Telephone Redlands, CA 92373 Authorized Signature/Title -- Dennis C. Rieger, President AutAodzed/Kq# Signature Karen J. ajornestad, Attorney In Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED S A F E C O' POWER &VVCOlNYgCE ANCCUPOWOFAMERIG OF ATTORNEY OFAMERICA sFA=E.wA**wm MNM We. E0o<d 1GIMAILOY71IMPRESIM a aaISAFECO MNNAMM CCIN'ANY OF AMEMCA eW SENNAL INSURANCE COWANY OFAMBOCA, oadl a W- E'Oa dr..rh howl "p" A 8K" htASMI L Wa&NUrA>k MuNoil i bao d kNU dloWgbW 4 rib Ad aaady r wobaa Ib bNar Sift ad pwy slab r R/RdrmiP d dIr drowaar of a ohr&W d7�da oohs. a ....Nrr.bao,drww...r•ti.�V•a��l• M .Wn=g S ERN. ZVIECO �1ANCE COMMW OF ANEhrcA:w d GENERAL WNAUNCE COlfAM1/ OF Al1OIP.A bow .•rf mwArd a. iA.bdampoaawr .. • wi 7ir dyer Mwzb 200 �� _ , area:aar�a�arr aae�a�ewr .; %" V. Sabo U = pwpa•by /rdirb aaaa�rbsMSNa• ' iabwawt adi� r F :.. liAaQFr• FrNrlaoNiA�EtON511RANCECCIIAMfOFANENN :A:•... . do#GBMMK NrINUNCE COM/AIM GF ANANf9M M FAMI d. wq We Fh ddnt 40 Ada- i% po"WAobbal Vfoo IVPfid 011 1a rad I dwawwA• N dwir dal dar b WW by Vw4mh ws b.tw m d i ba,irw._ On •y lay M aiod by ft V O• M bwraaad wwfwda Oft& oaIft or to ry bad w apaard r~ w I" wV COW ■awrapgoiwo*pw &4 bromm fled M awl da0 ml FabWkmaFAndW ndaoard NOi•db•d SAFECOM6IMANCECOMPANY OFAMIDWA add BEMWAI MMMAMCE C~AMY OF AIENCA adeplydA* 3E. W70..... ^On uyarMala aranibi ya• sawdryrwaaidbd aaowby d"Cwrpanyatlbq (i) TwpwYii•wdAAkrV. S�rfawUdMOylaas. wd M AwipydaopwralbwwyappddorA waoJOd pawed arda,ad .. . Rl CwOpbyadrilOrwatalioal #dA�dbblulArwW•f•N / rsi/ wbwdbaAlybr• bnwyb• bybcabicdbaaaldar�Vayway6 ••bobiolw•oL' . L CM56M Mal{ sawalwy d &VECO WOMANCE COMPANY OF ANEW CA a d of GENERAL wb{MIANCE COMPANY OF AMERICA do mmdry owltY /rt too adverb N Io B}Laa d N • Rioiia Nb Nerd dQr•dw• d a« d d a Par dMnry iawwd punrA slob, nw bu. and owwaf. aedad loa M Bytaw. b ReduY.• aai b•R•�relAas•ayaw a0/ r bd foil• andaRal N wRfNESS MIENEOF. I Irw.Awwrdo sd ay lodnd iwd M boil• lad of said owpcmbm I�w 15th day of June 2004 [DIME SEAL CHRISTINE MEAD, SECRETARY .JOTARY ACKNOWLEDGMEv. r' State of California County of San Bernardino On June15, 2004 before me, Gabrielle B. Fulton, Notary Public Date name arW Title of atfioer (e.g. "James Doe. Notary Public) personally appeared Karen J. Bjomestad Names) of Sgnm-(r) ® personally known to me —OR— ❑ proved to me on the basis of satisfactory evidence to be the person(s) OPTIONAL Though the information below is not required bylaw, rt 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: Faithful Performance Bond Document Date: June 15, 2004 Signer(s) Other Than Named Above: Dennis C. Capacity(ies) Claimed by Signer(s) Signer's Name: Karen J. Bjomestad ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner ❑ Limited ❑ General ® Attomay4n -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer is Representing: Safeco Insurance Company of America Top of thumb here Number of Pages: 2 Signer's Name: ❑ Individual ❑ Corporate Officer owl Title(s): Partner ❑ Limited ❑ General Attomey -in -Fad Trustee Guardian or Conservator Other. Signer is Representing: Top of thumb hure whose name(s) islare subscribed to the within instrument and acknowledged to me that he /she /they executed the same in hislher(their authorized capacity(ies), and that by GABRIELLE B. FOLTON ■ Comnbslon rt 1452588 [s his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, Notary Public - C000117110 5 executed the instrument. San Bernardino County hAyCortxn.EOestJOV222007 WITNESS my hand and official seal. OPTIONAL Though the information below is not required bylaw, rt 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: Faithful Performance Bond Document Date: June 15, 2004 Signer(s) Other Than Named Above: Dennis C. Capacity(ies) Claimed by Signer(s) Signer's Name: Karen J. Bjomestad ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner ❑ Limited ❑ General ® Attomay4n -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer is Representing: Safeco Insurance Company of America Top of thumb here Number of Pages: 2 Signer's Name: ❑ Individual ❑ Corporate Officer owl Title(s): Partner ❑ Limited ❑ General Attomey -in -Fad Trustee Guardian or Conservator Other. Signer is Representing: Top of thumb hure State of County of CALIFO,_. /IA ALL - PURPOSE ACKNOW..XGMENT California On June 15, 2004 before me, Nancy Escobedo, Notary Public Date Name aw rme of Mow (e.v.. •.ferw Dos,, Nofery pWrr) personally appeared Dennis C. Rieger Nemo(r) of sigw($) ® personally known to me - OR - ❑ pFoved to me on the basis of satislaeleFy evideme to be the persons) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/shel" executed the same in his;herltheir authorized capacty(ies)-, and that by hisAiedtheir signature(a) on the instrument the person( *, or the entity upon behalf of which the persons) acted, NAN i :SCC executed the instrument. O' %BF : O Commission # ?28 D 9339 i < °`'`- '- Notary P,)btIc - cotifomia > WITNESS riy hand and official seal. Son Bernardino county O�� MYCanm.f�iesJan 31.270.5 c „_ G� " _ -�� Vookm aNneryfdeuo OPTIONAL Though Me inbmation below is not required by taw, M may prove valuable to persons relying on the cocument and could prevent ksudufent removal and realfadwnerM of this kvm to anoBrer doctonent. Description of Attached Document Title or Type of Document: FAITHFUL PERFORMANCE BOND Document Date: June 15, 2004 Number of Pages: I Signer(s) Other Than Named Above: Karen J. Bjomestad Capacity(les) Claimed by Signer(s) Signer's Name: Dennis C. ❑ Individual ® Corporate Officer Title(s): President/Treasurer ❑ Partner - [] Limited ❑ General M Attomey -i n- Fad ❑ Trustee Guardian or Conservator Other: Signer Is Representing: International Pavement Solutions Inc. Top of thumb hem Signer's Name: ❑ Individual M Corporate Officer Title(s): V. Pres./Sec- Partner-[] Limited ❑ General ❑ Attomey -i n- Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: International Pavement Solutions Inc. Top of thumb here 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC January 5, 2005 International Pavement Solutions P.O. Box 10458 San Bernardino, CA 92423 -0458 Subject: Grant Howald - Community Youth Center Basketball Court Replacement (C -3634) To Whom It May Concern: On November 23, 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 December 1, 2004, Reference No. 2004001066000. The Surety for the contract is Safeco Insurance Company of America, and the bond number is 6276830. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, MMC City Clerk cc: Public Works Department Stephen Luy, P.E. encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 www.city.newport- beach.ca.us 0 0 CITY OF NEWPORT BEACH BOND 46276830 PUBLIC WORKS DEPARTMENT Premium= Included GRANT HOWALD - COMMUNITY YOUTH CENTER BASKETBALL COURT REPLACEMENT CONTRACT NO. 3634 BOND NO. 6276830 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Name of Contractor, hereinafter designated as the "Principal," a contract for construction of GRANT HOWALD - COMMUNITY YOUTH CENTER BASKETBALL COURT REPLACEMENT, Contract No. 3634 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. 3634 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, Safeco Insurance company of America duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of sixty seven Thousand Seven Hundred Twenty 1401100 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 California. 10 0 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 15th day of June 2004. International Pavement Solutions, Inc. Name of Contractor (Principal) Safeco Insurance Company of America Name of Surety 130 W. Vine St., Redlands, CA 92373 Address of Surety (909) 792 -2345 Telephone Authorized Dennis C. Rieger, President Auflionzed &eroignature Karen J_ Bjornestad, Attorney In Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED rJ A F C 0� POWER GENBUL+ SURAHC COWANYOFAMBW F� HQIk OEr1E: WEECaMPANrofAMEnIfJ► ► OF ATTORNEY NpiE ac>:II:E: SAFECO PLAZA SEATTMWASHIHGTON WM OM ALL BY THESE ►RESEALS: . Tad SAFECO 96URARCE COMPANY OF AMERICA sad GNNERAL INSURANCE COMPANY OF AMERICA. mdr a Wa Ngbn dor m dr haral appow """'SfCAAIIDA.Bw•3s : cA1Lw1H101tHI3TAOtffedbedt _ . No bw rd brbd ml w *H"a aMb Adl M*A ft 10 000b r IN babff WORRY Mild !WY bawds Of U dW WWW and aba daaaaaab of a UffdW daaacya lead In M maw din busbwe, mill is bid be wgdi� mgay fwwiy. . IN RSTRESS WHEREOF; SAFECD INSNRMCE COMPANY OF AMERICA WW GENERAL DWRIANCE COMPANY OF AMERICA Ira each o amJ an ,Aare fro ynewb .. fir CERTIFICATE dyed Naeb 2003 j r f. -, . :...Y m .. ... Esbadlaafr Byte dSAFECO ffdSORANCE COMPANYOFAfM9N�,.., . wWaIG IERALNIBUPANCECOWAWt OF•'°"". ..- :A" V. Sa6v a = FmQ0V" Am Y Y@b3:. dr A " , wv Vbs iirid�aL MOStOMM1k x*'4=V.Nabb I M.w P�i.app i o&forfm* papal!MddasAslrladslailya�Yit xk*rhhmwGwmdlylaapFab,i�dMiia. lMryaiJ:rda<.rdradafrapPeM, wwvA kaNslyb aaei r brMff d La eowpy filMyaM aaiaq heal awF�afar daaawaib d ainir drag i�wd by fla:mAry M f. eaaaa d b baiMia._ Ow any b ■bmrd aali0 v 0wWwabia W apFwYrdCloo [a my be aMri by boin&& On ry i0bq.w& a %=V pr r ,dry boM v adabbbg dMa a wpa7, an ilea v a Arari frwet wry be' I P, kmww feat ffa rd and wd beiweeery`Me�aiPydayawd�iaw�wrws awdarliq' F~ km a RaaA - dfuBad dOwdara of SAFECO INSURANCE COMPANY OF AMERICA mid of GOMM INSURANCE COMPANY OF AMERICA adopted J* 2f. 1970.... 'On any cwWxas womAnd by Nil Seo omy v m a mdwd seoMM of fie Convow so" out . (S Thapwirim clAAdeV.Sadowl3dfr9ylawa.aed (4 AmpydfapowvafaAeway apFeidnrnL aaandd paard f+aeb. and _ .. Cerllyby Nat said yowapatmomaayaheiirI iw in bibw and offset Ilydpahwdfa arfljiq oiw nwbobylea,wi aM110WdiMCan wv may bealaoirdo fret.' 1. f w"m Mad. Sm a mY of UMD INStMANCE COMPANY OF AAERN:A awe of GENERAL RNMMICE COMPANY OF AMERICA, do hveby owft fait fa bapoirq admcf Oita BY-L a and d a Rnalfai off* Bead d Owdem of ll s mpmabwm. awe of a Pees d AO*nwy imnd pwsu d f�nefs, am bus andawed,adMdboNMBylaws,fa RosoWwandfaPe olANwwya dAnb,fboandels IN YdRNE53 Yd1NAEQF, l boa lrrsas ad p bard and afiad fa rmni seal d said awpondon 15th day of SEAL )NJ MT June CHRISTINE MEAD, SECRETARY 2004 A,A« r K[S r S..S� .)'iii lc i 9��i . - . State OT Caiifomia County o? San Bernardino On Junei5,2004 Date personally appeared Karen J. [2SI personally known tome -OR- GABRIELLE B. FULTON ■ Commission # 1452588 It -ice Notary Public - Cafffomia q_ San Bernardino County HA Ccrnrn.ExpkesNov222007 belu-re me, Gabrielle S. Fulton, Notary Public Name and Title of Officer (e.a. "James one, Notaw Public) Name(s) of Signer(r) 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 capaeity(ies), and 'that by his /heritheir sianature(.$) on 'the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WFIDJESS my hand and official seal. OPPO AL Th en rlra ,.,...,=a.n,on be.,^,':J is _ct • nd b"y;mv, itmavpMve lalf.'aD -cc , ons m ying cc nee 4, urre , ^,I a.. ^cr ccldd G et. s fraedL#ent removal and reattachment of this fort(, to another document. Description of Attached Document Title or T ype of .Document: Labor and Materials Bond Document .Date: June 15, 2004 Signer(s) Other Than Named Above: Dennis C. Capacitv(ies) Claimed by Signer(s) Signer's Name: Karen J. Bjomestad ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner ❑ Limited ❑ General ® Attomey -in -Fad ❑ Trustee ❑ Guardian or Conservator ❑ Other. I Top "thu.bh.m Signer is Representing: Safeco Insurance Company of America Number of Pages: 2 Signer's Name: _ ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney -in -Fad ❑ Trustee ❑ Guardian or conservator ❑ Other: Signer is Representing: Top of thumb here State of CALIFAIA ALL - PURPOSE ACKNOADGMENT California County of San Bernardino On June 15, 2004 before me, Nancy Escobedo, Notary Public mete Name ana MW of Officer (e.q.,'Ja OW,, Notary NNW) personally appeared Dennis C. Rieger Names) of Signers) X personalty known to me - OR -❑ pFeved to me en the basis of satisfaskeFy evideme to be the person( whose name(s) Ware subscribed to the within instrument and acknowledged to me that heifsheN4W executed the same in hislherttheir authorized capacity(iesT and that by hisihedtheir signatures) on the instrument the person(, +�- or the entity upon behalf of which the person* acted, Md ar' f e;Cc I; 13 executed the instrument. Com, _<_ic # 1289339 z c,cr_, 'ru_iic - Ca)iromio ; WITNESS my hand and official seal Sc I ardlno County .7.a tom^ Signs m of Notary PuNm OPTIONAL Though the information below is not requited bylaw, it may prove valuable to persons retying 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: PAYMENT BOND Document Date: June 15, 2004 Number of Pages: 1 Signer(s) Other Than Named Above: Karen J. Biotnestad Capacity(les) Claimed by Signer(s) Signer's Name: Dennis C. ❑ Individual ® Corporate Officer Title(s): PresidenLITTessurer ❑ Partner - ❑ Limited ❑ General S Attomey-i n- Fad ❑ ❑ Trustee Guardian or Conservator Other. Signer Is Representing: International Pavement Solutions Inc. Top of thumb am Signer's Name: ❑ Individual ® Corporate Officer ■ ■ ■ ■ ■ Title(s): V. Pres. /Sec. Partner - ❑ Limited ❑ General Attomey -i n- Fad Trustee Guardian or Conservator Other: Signer Is Representing: International Pavement Solutions Inc. R!0HTTHU:' 5FPINT Recorded in official Records, orange County RECORDING REQUESTED BY AND Tom Daly, clerk- Recorder , WHEN RECORDED RETURN TO: illlll�llllll�ll� l���l�l�ll`''! Il�illlllllllllll ',II,II�IIdIIIINO FEE City clerk 2004001066000 09".03am 12101104 City of Newport Beach 11-192 t412 1 00 0.00 c 00 0.00 0.00 3300 Newport Boulevard 0 00 0.00 0.00 0 Newport Beach, CA 92663 "Exempt from recordin ees pursuant to Government Code�ection 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and International Pavement Solutions, of San Bernardino, California, as Contractor, entered into a Contract on June 22, 2004. Said Contract set forth certain improvements, as follows: Grant Howald — Community Youth Center Basketball Court Replacement (C -3634 Work on said Contract was completed on October 13 2004, and was found to be acceptable on November 23. 2004, by the City Council. Title to said property is vested in the Owner, aid the Surety for said Contract is Safeco Insurance Company of America. C, I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on %� d111°�� f�✓ a �r a �� at Newport Beach, California. BY .City Clerk !,, ON �. m L.f Q �N > � < o 1 BY - —u i° T s Director C— ` " City of ewport Beach ii V ° VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on %� d111°�� f�✓ a �r a �� at Newport Beach, California. BY .City Clerk !,, CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9 November 23, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department R.Gunther, P.E. 949 - 644 -3311 i 3 rg unther city. new ort- beach. ca.us SUBJECT: GRANT HOWALD - COMMUNITY YOUTH CENTER BASKETBALL COURT REPLACEMENT — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3634 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond one year after Council acceptance. DISCUSSION: On June 22, 2004, the City Council authorized the award of Grant Howald — Community Youth Center Basketball Court Replacement contract to International Pavement Solutions. The contract provided for the removal of the existing basketball court and facilities, removal of adjacent trees, root pruning, grading, base compaction, and construction of a new reinforced P.C.C. basketball court, including poles, backboards, and court painting and striping. 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: $67,720.00 Actual amount of bid items constructed: 66,282.00 Total amount of change orders: 0.00 Final contract cost: $66,282.00 SUBJECT: Grant Howald — Co ity Youth Center Basketball Court Replacement - t +letion And Acceptance of Contract No. 3634 November 23, 2004 Page 2 The decrease in the amount of actual bid items constructed under the original bid amount resulted from a small decrease in the amount of sidewalk and tree root - pruning required. The final overall construction cost was 2.12 percent under the original bid amount. There were no Change Orders issued for the project. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This exemption covers the maintenance of City owned facilities with negligible expansion in areas that are not environmentally sensitive. Funding Availability: Funds for the project were expended from the following accounts: Account Description Contributions Account Number Amount 7251- C4120734 $66,282.00 The original contract completion date was August 27, 2004. However this did not include a 28 -day cure time required for painting of the basketball court. The contract was therefore extended to October 13, 2004. All work was completed by the revised completion date. Prepared by: R. Gunthe , P.E. Construction Engineer Submitted by: ,,, Steph6n G. Badum P ublic Works Director E Is CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC November 24, 2004 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion (C -3625) Notice of Completion (C -3634) Notice of Completion (C -3678) Please record the enclosed documents (3) and return them to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, Califomia 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 - wwcv.city.newport- beach.ca.us 0 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk C'�y of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 xempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and International Pavement Solutions, of San Bernardino, Califomia, as Contractor, entered into a Contract on June 22, 2004. Said Contract set forth certain improvements, as follows: Grant Howald — Community Youth Center Basketball Court Replacement (C -36341 Work on said Contract was completed on October 13, 2004, and was found to be acceptable on November 23. 2004, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Safeco Insurance Company of America. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on 6'li✓ i 1°� BY C I�f 0 !_ &� � City Clerk at Newport Beach, California. C_ 3(�3`i • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 17 June 22, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COU E;; VITY OF %' WPOPT O!z ACH FROM: Public Works Department T Stephen Luy, P.E. U. t�04 949 -644 -3311 sluy @city.newport- beach.ca.us SUBJECT: GRANT HOWALD — COMMUNITY YOUTH CENTER BASKETBALL COURT REPLACEMENT - AWARD OF CONTRACT NO. 3634 RECOMMENDATIONS: 1. Approve the plans and specifications. . 2. Award Contract No. 3634 to International Pavement Solutions Inc., for the Total Bid Price of $67,720.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $6,700.00 to cover the cost of unforeseen work. 4. Approve Geotechnical and /or Survey work in the amount of $1,000.00. 5. Approve a budget amendment to appropriate an additional $15,420 in the Contributions — CYC Basketball Court Replacement account, 7251- C4120718 and to increase revenue estimates by the same amount in account 250 -4847, Per Capita Program 2002 Bond Act. DISCUSSION: At 11:00 A.M. on June 8, 2004 the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low International Pavement Solutions Inc. $67,720.00 2 E.A. Mendoza Contracting 72,100.00 3 Belaire West Landscape Inc. 73,248.00 4 Malibu Pacific Tennis Courts 76,500.00 • The low total bid amount is 3 percent above the Engineer's Estimate of $66,000.00. The recommended budget amendment will appropriate the additional funding available for the Subject: Grant Howald - Counity Youth Center Basketball Court Replaceiltit - Award of Contract No. 3634 July 13, 2004 Page: 2 project and increase revenue estimates as the City will now be reimbursed for an additional $15,420 this fiscal year. The low bidder, International Pavement Solutions Incorporated, possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the Contractors references indicates they have satisfactorily completed similar projects for other municipalities. This project includes removing existing basketball court and facilities, removing adjacent trees, root pruning, grading, placing of base, compaction, constructing a reinforced P.C.C. basketball court, poles and backboards, basketball court painting and striping and all other work necessary to complete the work in place. Per the Contract Specifications the Contractor will have 20 consecutive working days to complete the work. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This exemption covers the maintenance of City owned facilities with negligible expansion in areas that are not environmentally sensitive. Geotechnical /Survey Services: Geotechnical and /or Survey services will be provided by outside consultants per the On- Call Professional Services Agreement approved by Council on December 9, 2003. Funding Availability Upon approval of the recommended budget amendment there will be sufficient funds available in the following accounts for the project: Account Description Grant Howald Community Youth Center Grant Howald Community Youth Center Prepared by: Stephen uy, P.E. Associate Civil Engineer Attachments: Project Location Map Bid Summary Budget Amendment Account Number 7251- C4120718 7015- C4120718 Total: Submitted by: Amount $65,420.00 $10,000.00 $75,420.00 . 1 V hReW 0'= Public Works Director 0 • I 0 M. 2Z U W Q � W m Q on a co w Y Z 0 O U- 0 U U m 7 CL N m O O E Lli m f- O ¢Q w m � _ ~ o U m L N O p m`*w U ? _ _ oo U U O� Q � J U O ui J 0 m } m m a N C n U E 7 N _m 0 0 c s °w m n n N 0 0 0 0 0 0 0 0 0 O O 0 0 0 0 0 0 0 =F-oo aOaN0o Z O o C! 0 0 doadoOoO 0 0 i000�n 0 0 0 0 o 0 ro N N 0 0 0 0 0 0 0 0 0 0 O a Q 0 O 0 O 0 O 0 O 0 O 0$ O p 0 0 0 0 0 0 O cl m J o O o 0 0 o O o 0 0 0 0 U N m n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 00 n t0 t0 N O C � N IA 0 Q nuiM �o C1Mro m != 0 0 0 0 0 0 0 0 0 0 0 0 CL F- 0 0 0 0 0 0 0 0 0 0 0 D cZ n 000iriOOVi � o oO o° 0 °o O °o 1: °o. n lV N O ti N M oO V W To- ocO W ina�v�O Q m N �nmo�n 6 N o O C CL U Q 0 0 0 0 0 0 0 0 0 0 ti 0 0 0 0 o c o 0 0 0 0 N °o $ °o $ °o °o 0 e0 O< N O N In O IO N N c 0 0 0 0 0 0 0 0 0 0 O EOMorn��M�NOi�� 0 0 N R n 0 0 N O O O °o wQ F' N NNO 0 Z° -cp Z Q n �- M O O O N C [G N .- N LU oo 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I- O of 0 0 0 0 N 0 0 0 O O C m Z O N O n N O O N O M O M M M 0 0 O 0 0 0 n O J N n O M N N O N .0 J 0 W J J U J W J J r r Ms M N 0 0 o O o O o 0 o O o 0 O O N 0 0 0 0 0 0 0 0 C U li O m n N In a�i OI n r C] N n M N N "7 O J E N m v 'm 0 o p o 0 0 0 0 0 0 0 a aOi M U m s O U o O o 0 0 0 0 0 0 0 0 ° N Zrn Z W o O v>oO$lr <_ N N N N OOOp O (O N N Mvrn��M�NOi� W m U 0 ° EO > Z U m C O c oo awaaU o m o LU E d o -- N mN 2 Y) o�� uan N 0 U a C L 0 0 0 0 0 0 0 0 0 0 0 m m c C oo�n00000000 N Z 0¢aw (D0 J ofcamin w W w W O F 1±1+1+171 N J J w W J J U J W J J r � N d m U IL O m d C c r j O m m (L E maa m R y c U U m o U O o m Y u . 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PROJECT *4 # rr LOCATION MAP NOT TO SCALE CITY.OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GRANT HOWALD COMMUNITY YOUTH CENTER 4SKETBALL COURT REPLACEMENT DRAWN--L APPROVED DATE III C -3634 I DRAWING No. LOCATION MAP 6ty of Newport Bead BUDGET AMENDMENT 2003 -04 ECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations AM Transfer Budget Appropriations SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 04BA -074 AMOUNT: $15,azo.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance X No effect on Budgetary Fund Balance To increase revenue estimates and expenditure appropriations for additional grant funds received for the CYC basketball court replacement project, C -3634. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit fWNUE ESTIMATES (3601) Fund /Division Account Description 250 4847 Contributions - Per Capita Prog 2002 $15,420.00 EXPENDITURE APPROPRIATIONS (3603) Division Number Account Number Signed: &4en4 ✓/J (4. /%��� (6 —/C) ' O �-z F niF ahcial Approval: Administrative Services Director Date d: , , ` I 90 Administrative Approval: City Manager 15afe Signed: City Council Approval: City Clerk Date Description Division Number 7251 Contributions Account Number C4120718 CY Basketball Court Replacements $15,420.00 Division Number Account Number Division Number Account Number Division Number Account Number Signed: &4en4 ✓/J (4. /%��� (6 —/C) ' O �-z F niF ahcial Approval: Administrative Services Director Date d: , , ` I 90 Administrative Approval: City Manager 15afe Signed: City Council Approval: City Clerk Date Oty of Newport Beac* NO. BA- 04BA -074' BUDGET AMENDMENT 2003 -04 AMOUNT: $1s,azo.00 EFFECT ON BUDGETARY FUND BALANCE: Pq Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance Transfer Budget Appropriations X No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase revenue estimates and expenditure appropriations for additional grant funds received for the CYC basketball court replacement project, C -3634. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund /Division Account 250 4847 EXPENDITURE APPROPRIATIONS (3603) Descri Description Contributions - Per Capita Prog 2002 Amount Debit Credit $15,420.00 Description Division Number 7251 Contributions Account Number C4120718 CY Basketball Court Replacements $15,420.00 Division Number Account Number Division Number Account Number Division Number Account Number Signed: 0 Fina cial Approval: Administrative Services Director Date Signed: Ajd(mmii5'sstrativeA roval: Cit Manager da{e Signed: L City Council Approval: City Clerk Date CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 until 11:00 a.m. on the 8th day of June 2004 at which time such bids shall be opened and read for GRANT HOWALD - COMMUNITY YOUTH CENTER BASKETBALL COURT REPLACEMENT Title of Project Contract No. 3634 $66,000.00 Engineer's Estimate saaum Director BIDDER'S LIST AVAILABLE ON CITY WEBSITE: httl)://www.city.newport- beach. ca. u s/pbwbidi ist/default.as p Click: Online Services — Public Works Bid List Prospective bidders may &6tain one set of bid documents for $5.00 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 Stephen J. Luv, Project Manager at (949) 644 -3330 LJ CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GRANT HOWALD - COMMUNITY YOUTH CENTER BASKETBALL COURT REPLACEMENT CONTRACT NO. 3634 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND ............................................................................... ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ......................................................... .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL..13 ACKNOWLEDGEMENT OF ADDENDA ........................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER .............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL.............. .... .................... ......................................................................... PR -1 SPECIAL PROVISIONS .................................................. .... ... .......... ......................... SP -1 2 Jun 07 04 02:19p CaWar -son 562 65 -2849 p.5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GRANT HOWALD - COMMUNITY YOUTH CENTER BASKETBALL COURT REPLACEMENT CONTRACT NO. 3634 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ISSUED BY AGENCY PRIOR TO 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 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 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 Jun 07 04 02:19p Ca Larson 5625 -2849 p.6 securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). Please note, The Davis -Bacon Wage determinations are available at Federal Wage website: www.qpo.gov/davisbacon 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. %-9aa�_ -f 49 -- Contractors License No. & Classification 2-kiEk([A7 1DAc4-L ^dFnZAJT 67&a7_ 1O1V,5 ./r. Bidder C ARE$ -17RG45 Authorized Signature itl _ .TUAJ E -7 Date 06/07/2004 15:13 9097946416 Jun 07 04 02:19p Cawarson INTL PAVE SOL 562A*-2849 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 3634 BIDDER'S BOND PAGE 0: '02 p.7 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 Bid Dollars ($ l0% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of GRANT HOWALD - COMMUNITY YOUTH CENTER BASKETBALL COURT REPLACEMENT, Contract No. 3634 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. 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 7th day of June 2004. International Pavement Solutions, Inc. Name of Contractor (Principal) Safeco Insurance Company of America Name of Surety 130 W. Vine St., Redlands, CA 92373 Address of Surety T� (909) 792 -2345 Telephone ©z Authorized SignaturelTitl s Denn's C. Rieger, PresiJmJe}'nnt A thorize ge Signature Karen J. Bjornestad, Attorney In Fact Print Name and Title (Notary acknowledgment of Principal F Surety must be attached) 1BEST •mbast.wm ♦ Nn':gs 4 AnaY n Mti%, SEARCH Fide u AN. tix�NU ^�K.e _P LS^ai Member of Safeco Insurance Companies A.M. Best A: 02448 NAIL 9: 24140 View a list of group members or the group's rating 0,0> Woe search Osmosis Best's Rating g " A (Excellent)* Financial Size Categm •;• ••• *= XV ($2 billion or more) 'Ratings as of 08/08/2004 04:37:11 PM E.S.T. Tm rr•gi9 l sas=r Rating Category ry( Excellent ) : Assigned to companies that have, in our opinion. an excellent ability to meet their ongoing obligations to policyholders Accessing the Important Notice. Best's Ratings reflect our opinion based on a comprehensive quantitative and qualitative evaluation of pages on a company's balance sheet strength, operating performance and business profile. These ratings are not a warranty of an co socutes me insurer's current or future ability to meet its contractual obligations. View our entire notice for a complete details. user's agreement to our terms of Companies interested in placing a Best's Security Icon on their web site to promote their financial strength may register use; Information online. collected via this Web site is protected by our ip vacy statement; Comments or concerns should be Copyright © 2004 by A.M. Best Company, Inc. ALL RIGHTS RESERVED No part of this information may be distributed in any electronic form or by any means. or stored in a database or retrieval system, without the prior written permission of the A.M. Best Company. Refer to our terms of use for additional details. Aftt . "':- Internet et: Member of Safeco Insurance Companies A.M. Best A: 02448 NAIL 9: 24140 View a list of group members or the group's rating 0,0> Woe search Osmosis Best's Rating g " A (Excellent)* Financial Size Categm •;• ••• *= XV ($2 billion or more) 'Ratings as of 08/08/2004 04:37:11 PM E.S.T. Tm rr•gi9 l sas=r Rating Category ry( Excellent ) : Assigned to companies that have, in our opinion. an excellent ability to meet their ongoing obligations to policyholders Accessing the Important Notice. Best's Ratings reflect our opinion based on a comprehensive quantitative and qualitative evaluation of pages on a company's balance sheet strength, operating performance and business profile. These ratings are not a warranty of an co socutes me insurer's current or future ability to meet its contractual obligations. View our entire notice for a complete details. user's agreement to our terms of Companies interested in placing a Best's Security Icon on their web site to promote their financial strength may register use; Information online. collected via this Web site is protected by our ip vacy statement; Comments or concerns should be Copyright © 2004 by A.M. Best Company, Inc. ALL RIGHTS RESERVED No part of this information may be distributed in any electronic form or by any means. or stored in a database or retrieval system, without the prior written permission of the A.M. Best Company. Refer to our terms of use for additional details. Aftt . "':- Internet POWER GENERA INSURANCE ANC COMPANY OF AMERCE SAFECO- HOME O FILE: RANEE O PLA7A OFAMERIC/1 V OF ATTORNEY HOME LE WA WASHINGTON RATA SEATTLE, WASHINGTON 99185 No. 8002 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AM MCA and GENERAL INSURANCE COMPANY OF AMERICA, each a WadwVb n ompom$om does each hanaby appow - -R13iAROA BEAIJL XAREN J. BJOANESTALk ROMM(k CMmule "e«e«w�ws�eeewwew.wr�HS.«�«ew Ms hhw and bwMd a*wwAsNwfact wih fell sawrly 90 wwob m b behalf %sMy and suety bands ar undndldapa and o6w clamarrrhb of a surdar dwaaclar kwwd in Mw oohwsa of ib hfdnsas, and to bid Mw w.pecom a wwy twisby. IN WITNESS WHEREOF, SAFECO MURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each examiad and Acaled Mhw Wasahhb .. Mhis 71► dayd Much - - 2003 PRESIDENT - Ehled ion MN Bya.Aa dSAFECO INSURANCE COMPANY OFAMERICA, - wld dGENERAL INSURANCE COMPANY OF AMERICA: '/Vida V. Sehdioa 13. - FlDfrL1TY AND :SIlEiETr BplE18 e. Mw Prasiderd. any Yhoa Praaidsnd. On SeoafMy; arAwN. ldand Kw Prpiderd aippo"aYd Ux Mul -: p guns+ W Mw owar if ririga ataims y VONERVli, d" ho s auMwwly to.appoid wm*Adfwla as alheuys4ii4 =widw dwr appwp wis tikes w9Jr auO d ly to - wanhr as be1wN d M dwpl+y fdeNysrd arsly bonds ardallhr hlonasrerhd d sinslw dheracssn wwred q Mhe:ohnpry w aha rauae d lb bhaihesa.. on asY inaiunwd ham w svidwaia such appoiia11114.M sigawlwr Tray be alined by bmbrmlw On wy innannd oonkming.wch w/wr9yw an any bond or mdartd3g of the mrpwy. Ow sesk w a A inr. thswol may be nWassed w Inbred or in any aMw nwww nrphodW@&. provided hoeevw, thw the seal shah nag be wraasary to MNvafd7ly of my such Vwbharma or wdwrtlirp' Exkad bmn a Reackdo n of MN Bond of Dbefams of SAFECO INSURANCE COMPANY OF AMERICA wall of GENERAL INSURANCE COMPANY OF AMERICA adopted ,k* 28.1970 'On any cartiArate harenhNd by the Seoa4ry or as asisW saaaby of Hie C"ww setting out, () Tha pnsyiiww clAhtlde V. Section 13 d Mw Bylaws, and n A copy of Bid pawero" Monwy appanbn ork wwoaed pwsuwd ONreto, and (N7 Cw*,g the said poeero9rlwnry wpoiiinsed a n f A force and e9ed. MN siywhne of IM cw*,ig oftw may ba M fnairie, sad the seal of MN Compwy MW he a bmsw" Mw wi' I, Chm na Mead SeneWy of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify That Nw bwpoirg wdracls of We EV41 a and of a Reeoihtiwh of Mw Dowd of Oiedors of Was,& cohpdatiorw, and of a Pva of AfOonwy issued phasuant Ihwela, are bus and cuffed, add &at both Ihe 9/i . the Rosh" and IN Poe of AMmney ars still n fuR force and of kKL IN WITNESS WHEREOF, I hums twawhb ad rsy hand and armW tw 6cnda seal of said corporalim this _ — _ 7th day of June 2004 f CID oTr i MA1 wt SEAL V > � W SEAL z 1953 y� J52� � PyiMYA1� CHRISTINE MEAD, SECRETARY 5-09741SAEF 7'07 ®A registwed Trademark of SAFECO Corpwalbn State of California County of San Bernardino On June 7. 2004 Date 40TARY ACKNOWLEDGME9 before me, Gabrielle B. Fulton, Notary Public Name and Title of Officer (e.g. "Jame Doe, Notary Pudic) personally appeared Karen J. Bjomestad Name(s) of Sigrrer(() ® personally known tome -OR— GABRIELLE B. FULTON Commission g 1452588 i -Notary = r California San Bernardino County ❑ 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 /shetthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. my,hand and official seal. OPTIONAL Though the information below Is not required by law, N 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: Bid Bond Document Date: June 7, 2004 Signer(s) Other Than Named Above: Dennis C. Rieger Capacity(ies) Claimed by Signer(s) Signer's Name: Karen J. Bjomestad ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner ❑ Limited Ej General ® Attomey -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑Other: Two of thumb hwm Signer is Representing: Safeco Insurance Company of America Number of Pages: 1 Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner ❑ Limited ❑ Attomey -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: General Top of thumb here CALIFOOA ALL - PURPOSE ACKNOIN&GMENT State of California County of San Bernardino On June g, 2004 before me, Nancy Escobedo, Notary Public Date Name ane TNe of officer (e.p..'Ja Doe, Notary Pudic") personally appeared Dennis C. Rieger Name(,) of Silmar(c) ® personally known to me - OR - ❑ pFeved to Fne en the basis of salisfasleFy evidenGe to be the person(sj whose name(e) islare subscribed to the within instrument and acknowledged to me that he/she" executed the same in hislheAtheic authorized capacity(iss} and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. iyn.NC'.y ESCif09'FD r, .. ,,, "cii(omiU f ,cioino County hty, __crnrn.lxA>!�s, 31.2IA5 WITNESS my hand and official seal. SgneWre of Notary Pudic OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons retying on the dictmrent and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: BID BOND Document Date: June 8, 2004 Number of Pages: I Signer(s) Other Than Named Above: Karen J. Bjomestad Capacity(les) Claimed by Signer(s) Signer's Name: Dennis C. Rieger ❑ Individual ® Corporate Officer Title(s): President/Treasurer ❑ Partner - ❑ Limited ❑ General 2 Attomey -i n- Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: International Pavement Solutions Inc. Top or thumb h. Signers Name: ❑ Individual ® Corporate Officer In Title(s): V. Pres. /Sec. Partner -❑ Limited Attorney -i n- Fact ❑ General Trustee Guardian or Conservator Other: Signer Is Representing: International Pavement Solutions Inc. Top of thumb here Jun 07 04 02:23p Car^LLarson 562 -05 -2849 p•1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GRANT HOWALD - COMMUNITY YOUTH CENTER BASKETBALL COURT REPLACEMENT CONTRACT NO. 3634 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractors 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) F Subcontractor's Information Bid Item Description of Work °ro of Total Sid Number Name: Address: Phone: I I State License Number: Name: 4� Address: Phone: State License Number: ; Name: Address: I Phone: I l State License Number: - �ERUanaaa� t�sm�r Cam:. G.�� _ Bidder GVW710At5 _XVIX . Authorized Signature itl Jun 07 04 02:23p Ca arson 5625 -2849 p.2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GRANT HOWALD - COMMUNITY YOUTH CENTER BASKETBALL COURT REPLACEMENT CONTRACT NO. 3634 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name - T?I1TERA0-7-10AJ4(, 104UElne71,17- SOkU770A1S -7—WC. 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 /l calls , 61rLR%bFzG l% , Approximate Construction Dates: From 6(30/0' To: E.Za rl `{ Agency Name Contact Person /r; _Telephone j#?) 541 Original Contract Amount $2851190, Final Contract Amount $ 3�`I PJrO.OD 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. Jun 07 04 02:23p Ca Larson No. 2 Project Name /Number 5825 -2849 p.3 Project Description Approximate Construction Dates: From Z W-23 D a- To: Agency Name Contact Person 4D•YlAkitt.Wo Telephone (916) ddb -/1o63 0 Original Contract Amount $3V3,8sV Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name /Number Project Description Approximate Construction Dates: From /°`/ °YD To: 4�1'10/D3 V Agency Name (,RQAw s F �/y�, v7 Contact Person 1t fGf/f/Z9t c� Telephone _ o_e Original Contract Amount $310,002 Final Contract Amount $ 320, 700.57 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. Jun 07 04 02:24p CaJ6Larson No. 4 Project Name /Number Project Description ( L- • Approximate C r cti on Dates: From Agency Name 5625 -2849 A ,r -3/3 0/20 v Contact Person dd 141E• Telephone" c2.96'3/7( 0 Original Contract Amount $�'4rwl' inal Contract Amount $ 9�f Jr4�• ` 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 hl� Project Description Approximate Construction Dates: From 3 To: /300 r , A Agency Name Contact Person LIUA .6Q/ %lLa f utJUl / 3a- Original Contract Amount $W9 3 _y :Final Telephone 8a V5 Amount $�9, If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 0 p.13 Jun 07 04 02:23p CaWarson 5625 -2849 p.4 No. 6 Project Name /Numbe Project Description Approximate Construction Dates: From 8IPA- To:_� Agency Name io��, . Z) V Contact Person �R/�*�o u LL-n Telephone 3 0,50 Z) ,' o, Original Contract Amount $6y7SD 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. /0 Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. _ZkrERM.4 rvuA4_A'aJ)PAWr&YunaJS Ste• C7�tA��o C. � Bidder Authorized Signature/litle 10 Jun 07 04 02:23p Ca6Larson 56265 -2849 p.5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GRANT HOWALD - COMMUNITY YOUTH CENTER BASKETBALL COURT REPLACEMENT CONTRACT NO. 3634 NON - COLLUSION AFFIDAVIT State of California ) } ss. Jf County of � n d 4-' " Q�JI[yVtS N - sTZ (� 6�2 being first duly sworn, deposes and says that he or she is Q DE�ur of_ nER,ta4MV4L AlgtommT 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 of the State of California that the foregoing is true and correct. _((1g1RMpT/0uAC hAUerliur SQuntaus Luc Bidder Authorized Signatu /Titl Subscribed and sworn to before me this day of 2004. �CQ�a�i [SEAL] Notary Public �J, a�,,•. «- 0��� Nny('.Y iSCi�BFDO Mly Commission Expires: 3�, �Or "`' �s9 9 i _�" ^« Note ^� i'uii;, c; - Co{ifomia San 6e,nardino COUnty My COrnrn.h�ats }an3i,2DJ5 11 Jun 07 04 02:23p Ca arson 562#5-2849 P.6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GRANT HOWALD - COMMUNITY YOUTH CENTER BASKETBALL COURT REPLACEMENT CONTRACT NO. 3634 DESIGNATION OF SURETIES Bidders name -ZN7 E 2i(C/47-7 0/t1 ✓d L sff=U770AJ,5 -,ZZJC, 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): T3EAL-- :T— J s - SE= LCEs 13� U3 - V lNE 57- �)LA -AJb5 C' f} 9x373 �tD9- "19a -2,3� SEA�-t�� U��4 �81ss q D q -1 qa • a3Lk5 12 Jun 07 04 02:24p Car�Larson 562-45 -2849 p.7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GRANT HOWALD - COMMUNITY YOUTH CENTER BASKETBALL COURT REPLACEMENT CONTRACT NO, 3634 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name �7 /Oill/d•L Z:VC Record Last Five (5) Full Years Current Year of Record 1 LP— The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Year of for for for for for Record 2003 2002 2001 2000 1999 Total 2004 No. of contracts 19g� 1a75 J( v5 -195 1511 593a Total dollar Amount of 8q �a 9 ji CO cj.l 8.6 Contracts (in M�uaoN �lq u °rs Hllu tor0W°u �t�wa> �fiw°a NILLL°N Thousands of $ No. of fatalities No. of lost Workday Cases .'No. of lost workday cases involving permanent transfer to another job or termination of a a I employment I 1 LP— The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Jun 07 04 02:24p ca arson 5625 -2849 p.8 Legal Business Name of Bidder ,.rU7ERJU47-fo&L&c, PaUEMOOl 60"4770,US XWc. Business Address: P, 0- Box /o It SS' / .5" BB.eVR &WO, CA9aYa 3 -0ve� Business Tel. No.: q09-7994- acoi State Contractor's License No, and Classification: 17ayaa D Title GmVOe,rc COAIMW 7 r The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. �iG7`ER�tlRr�on��c- ��Q(jEm�NT S0441 7-10,11V 5 -ANC. Signature of C►C AA - G bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 State of County of On June 7, 2004 CALIFOOA ALL - PURPOSE ACKNOWOGMENT California San Bernardino before me, Nancy Escobedo, Notary Public Name aM Tile of Olgcer (e. g.. Jana Doe, Notary Public") personally appeared Dennis C. Rieger & Brent C. Rieger Name(s) of Signer(s) ® personally known to me - OR - ❑ pFeved te me on the basis of satisfaGWY evidenGe to be the person(&) whose name(a) is /age, subscribed to the within instrument and acknowledged to me that he /sheAhey executed the same in his/heNtheiF authorized capacity(ies)-, and that by hist' erill eir signatures) on the instrument the person(*, j -. J6'�NANCY ESCOBEDO or the entity upon behalf of which the person* acted, J �' i „i Commission a 1289339 executed the instrument. Notary Public - Califomia £ san Bernardino Countym WITNESS my hand and official seal. A MyCmim Mims hm31,2tn5 ( \. 04 /� /" of Notary pubic OPTIONAL Though Me information below is not required by law, it may prow valuable to persons relying on the document and could prevent fraudulent removal and reattachment of tMs form to another document. Description of Attached Document Title or Type of Document: BID Document Date: June 7, 2004 Number of Pages: 18 Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Dennis C. ❑ Individual ® Corporate Officer Title(s): President/Treasurer El El El Partner - ❑ Limited ❑ General Attomey -i n- Fact Trustee Guardian or Conservator Other: Signer Is Representing International Pavement Solutions Inc. Top of thumb here Signer's Name: Brent C. ❑ Individual ® Corporate Officer i Title(s): V. Pres. /Sec. Partner - ❑ Limited ❑ General Attorney-i n- Fact Trustee Guardian or Conservator Other: Signer Is Representing International Pavement Solutions Inc. Top of thumb here Jun 07 04 02:24p ca arson 5625 -2649 p.9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GRANT HOWALD - COMMUNITY YOUTH CENTER BASKETBALL COURT REPLACEMENT CONTRACT NO. 3634 ACKNOWLEDGEMENT OF ADDENDA Bidders name XkTEA Man oNAc. QRUEMffNT 5ocu7-1,oAv s SA/c. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: 15 Jun 07 04 02:24p Ca6Larson 562-j45 -2849 p.10 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GRANT HOWALD - COMMUNITY YOUTH CENTER BASKETBALL COURT REPLACEMENT CONTRACT NO. 3634 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: - =k76RUR77okat PAoemour 6ota -now8 s+-C- Business Address: p 0• /36)X lDYSB Telephone and Fax Number: ib9 % ?`! ato/ FRX California State Contractor's License No. and Class: 70RAXL i¢ i (REQUIRED AT TIME OF AWARD) Original Date Issued: !/- /- 9G Expiration Date: List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: QA 2` ke'&s c4l (- ,/L(& y 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 Q19 -69.3- 5/39jz DVWs C. R6E-GGQ , PRc3�T72ep -5 yagas CA C'.¢uE,rtourec�c�o, r�m�cu «r qa lb BReur C- R(e6n, V•APes�Ee. RD®ox 68s, llimr we) c* 9d951 449 -8y /- 9993 Corporation organized under the laws of the State of rolb,# 16 Jun 07 04 02:24p Car6Larson 562 5 -2849 p.11 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: DUZ --my "-NC . IF k i-kh -fAW, 6A - XP5 5G2WCE5 z7vc. , &k may. PVC. For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. Have you ever failed to complete a project? if so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for lab compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.) ?Yes /' 1 Are any claims or actions unresolved or outstanding? Yes 16 17 Jun 07 04 02t24p CarrlLarson 56265 -2049 If yes to any of the above, explain. (Attach additional sheets, if necessary) p.12 Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. ,MX04rDA409L jUtE*0JT CaUnCWS LV[. Bidder D AINtS C. RIG6E2 (Print name of Owner or President of Corporation /Company) B c Authorized Signature, itle6 1�� • �TJPk�45 Title Date Subscribed and sworn to before me this % day of J,4�NC 2004. [SEAL) '-nat&�j ��A /�� /"O/&/� NANCY ESCO8EDO Commission # 7289339 i Nofory Public - Colitomto -�.. San gerrtatdino County MyComm.aph51rn31,2C05 1B • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GRANT HOWALD - COMMUNITY YOUTH CENTER BASKETBALL COURT REPLACEMENT CONTRACT NO. 3634 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. M] 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT GRANT HOWALD - COMMUNITY YOUTH CENTER BASKETBALL COURT REPLACEMENT CONTRACT NO. 3634 CONTRACT THIS AGREEMENT, entered into this�day c91 u 2004, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and INTERNATIONAL PAVEMENT SOLUTIONS, INC., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: GRANT HOWALD - COMMUNITY YOUTH CENTER BASKETBALL COURT REPLACEMENT Project Description 3634 Contract No. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3634, 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 • • C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Sixty -seven thousand, seven hundred twenty and 00/100 Dollars ($67,720.00). 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 Citv. addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Stephen J. Luy (949) 644 -3330 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: CONTRACTOR International Pavement Solutions P.O. Box 10458 San Bernardino, CA 92423 -0458 909 - 794 -2101 909 - 794 -6416 Fax Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 0 CJ 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 9 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. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 0 0 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. 7 '• • •• ATTORVEY 25 CITY OF NEWPORT BEACH A Municipal Corporation By: Mayor INTERNATIONAL PAVEMENT SOLUTIONS Authorized Sigi at and Title .ADD. CERTIFICATANOF LIABILITY INSURA E 1 0611612004 PRoDwER (909) 792 -2345 FAX ( 792 -0159 Beall Insurance Services I30 W. Vine Street Redlands, CA 92373 THIS CERTIFICATE IS UED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIL N KsuRED INTERNATIONAL PAVEMENT SOLUTIONS, INC. P. 0. BOX 10458 SAN BERNARDINO, CA 92423 INSURER A: LANDMARK AMERICAN INSURANCE CO. 85662 INSURER B: AMERICAN STATES INSURANCE CO. 19704 ENSuRERC: ALASKA NATIONAL INSURANCE CO 38733 NSURER D. LHA124012 INSURER E 08/13/2004 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. PUBLIC WORKS DEPT. *30 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS OF ANY IGND UPON TXE INSURER,JIWENTS OR R R TATNE . AUTHORIZED REPRESENTATIVE Ll GENERAL LIABILITY LHA124012 10/06/2003 08/13/2004 EACH OCCURRENCE $ 1,000, X COMMERCULGENERALUABILRY DAMAGETORENTED $ SO, CLAIMS MADE O OCCUR MED EXP (Any. Verson) $ Excluded A PERSONAL 8 ADV INJURY S 1, 000 X Deductible $5000. GENERAL AGGREGATE $ 2,000, GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ I,ODO, POLICY X PRO- LOC AUTOMOBILE LIABILITY ANY AUTO OICGZI5921 -20 06/13/2003 08/13/2004 COMSINEDSNGLE LIMIT (EI amdenU $ 1,000,000 X BODILY INJURY 9� fin) $ B ALL OWNED AUTOS SCHEMLED AUTOS HIRED AUTOS NO -OWNED AUTOS X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY -FA ACCIDENT $ OTHER THAN EA ACC S ANY AUTO $ AUTO ONLY: AGG EXCBSSNMBRELLALIABILITY EACH OCCURRENCE $ OCCUR M CLAIMS MADE AGGREGATE $ $ $ DEDUCTIBLE S RETENTION f WORKERS COMPENSATION AND 03G7D4DD57 07/29/2003 08/13/2004 we STATU- OTH- EMPLOYERS' LIABILITY ANY PROPRIETORIPARMERIEXECURVE OFFICEMMEMBEA EXCLUDED? E.L. EACH ACCIDENT $ 1,000, E.L. DISEASE -EA EMPLO S 1,000, N yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT I S 1,000, OTHER OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECULL PROVISIONS RACT N0.3634 GRAN NOWALD- C0191UNITY YOUTH CENTER BASKETBALL COURT, NEWPORT BEACH, CA OF NEWPORT BEACH, ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS ARE NAMED AS ADDITIONALS WITH RESPECTS TO THE GENERAL LIABILITY PER ATTACHED CG 2010 11/85 AND TO THE AUTO POLICY PER F CA 7135 12/93. WAIVER OF SUBROGATION APPLIES TO M.C. PER ATTACHED. FOR 10 DAYS NOTICE FOR NON - PAYMENT. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2007108) © ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF NEWPORT BEACH, EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVDR TO MAIL PUBLIC WORKS DEPT. *30 ATTN: SHAUNA LYN OYLER DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, PUBLIC WORKS SPECIALIST, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 3300 NEWPORT BLVD. OF ANY IGND UPON TXE INSURER,JIWENTS OR R R TATNE . AUTHORIZED REPRESENTATIVE Ll NEWPORT BEACH, CA 92658 Richard Beall ACORD 25 (2007108) © ACORD CORPORATION 1988 0 0 CG 20 10 11185 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BLANKET - PRIMARY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM. SCHEDULE Name of Person or Organization: CITY OF NEWPORT BEACH, ITS OFFICERS, OFFICALS, EMPLOYEES, AND VOLUNTEERS. PUBLIC WORKS DEPARTMENT 3300 NEWPORT BEACH P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 RE: CONTRACT # 3634, GRANT HOWALD - COMMUNITY YOUTH CENTER BASKETBALL COURT. ANY PERSON OR ORGANIZATION TO WHOM OR TO WHICH YOU ARE OBLIGATED BY VIRTUE OF A WRITTEN CONTRACT OR BY THE ISSUANCE OR EXISTENCE OF A PERMIT, TO PROVIDE INSURANCE SUCH AS IS AFFORDED BY THIS POLICY. (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 `jour work" for that insured by or for you. IF YOU ARE REQUIRED BY A WRITTEN CONTRACT TO PROVIDE PRIMARY INSURANCE, THIS POLICY SHALL BE PRIMARY AS RESPECTS YOUR NEGLIGENCE AND CONDITION 4. OTHER INSURANCE DOES NOT APPLY, BUT ONLY WITH RESPECT TO COVERAGE PROVIDED BY THIS POLICY. This endorsement effective 10/06/2003 Forms part of Policy Number: LHA124012 Issued to International Pavement Solutions Inc Includes Copyrighted material of Insurance Services Office, Inc. 1984 (CG 2010 1185) with its permission C� J • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CA 7135 12 93 ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. Endorsement effective: Policy Number: 01CG215921 -20 06 -15 -04 Policy Period: 8113/03 - 6113104 Named Insured: Countersigned by: // j%��. D R(GVL�'-r� International Pavement Solutions, Inc. .. Richard Beall � `" Schedule: Address: (Authorized Representative) City of Newport Beach, Public Works Dept., Its Officers, Officals, Employees, and Volunteers 3300 Newport Blvd. Newport Beach, CA 92658 ( If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Under LIABILITY COVERAGE WHO IS AN INSURED is changed to include as an 'insured" the person(s) or organization(s) shown in the Schedule, but only with respect to Rwdiy injury or 'property damage" resulting from the ads or omissions of: 1. You; 2. Any of your employees u agents; 3. Any person, except the additional insured or any employee or agent of the additional insured, operating a covered 'auto" with the permission of any of the above. B. The insurance afforded by this endorsement does not apply: To "bodily injury or 'property damage" arising out the sole negligence of the person(s) or organization(s) shown in the Schedule. CA 71 35 12 93 Alaskat .l I N S U R A N C,E COMPANY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -- CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this, endorsement shall be 5% of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description City of Bishop East Line Street Improvements Bid - Schedule 1 -28 County of San Bernardino Contract #02 -1168 C/O Insurance Compli Contract #03 -0689 Insurance Data Services City of Oxnard Re: Carriage Square Alley C/O Risk Manager Oxnard, CA Reference No.: A -6277 30OW Third Street, Suite 302 Oxnard, CA 93030 The Jaeger Corporation All Operations Attn: Lois 27576 Commerce Center Dr., Suite 208 Temecula, CA 92590 Inland Empire Utilities Agency All Operations Attn: Gina Knight P.O. Box 9020 Chino Hills, CA 91709 Monarch Construction and AutoNation, Inc. All Operations 1001 Dove Street Suite 205 Newport Beach, CA 92660 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Endorsement Effective July 29, 2003 Insured International Pavement Solutions, Inc. Countersigned By .�� V. peatd" WC 04 03 06 (04 84) Policy No. 03G W D 40057 Endorsement No. 19 Eft: 07/29103 Beall Financial 8 Ins. Services, Inc. INSURANCE. COMPANY Riverside County Office of Education 3939 Thirteenth Street Riverside, CA 92502 -0868 Morongo Basin Transit Authority 62045 Verbena Road Joshua Tree, CA 92252 Monarch Construction and Santa Ana Police Officer's Association 1001 Dove Street Suite 205 Newport Beach, CA 92660 Kirkley Corporation and Ralph's Market #52 522 Ainigo Dr. Unit A Redlands, CA 92375 Donahue Schriber Realty Group, L.P.C. Attn: Henry Avilla 4120 E. Florida Ave. Hemet, CA 92544 Coachella Valley Water District P.O. Box 1058 Coachella, CA 92236 The City of Newport Beach Public Works Department 3300 Newport Blvd. Newport Beach, CA 92658 All Operations All Operations All Operations Ralph's Market#52 2726 Los Angeles Ave. Simi Valley, CA 93065 Job #M4010 The Plaza at Silverhawk 29910 Winchester Road Murrieta Hot Springs Districts Coachella & Palm Desert Facilities All Operations This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Endorsement Effective July 29, 2003 Insured International Pavement Solutions, Inc. Countersigned By �RKLCQ �C�?1Ld0ot WC 04 03 06 (04 84) Policy No. 03G W D 40057 Endorsement No. 19 Eff: 07/29/03 Beall Financial & Ins. Services, Inc. Jun 23 04 02:449pG Brown & Brown Fax #: ! II 1- (P q0 3 3 / 'e- 714-923-1872 Du CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of -! of requirements as outlined by the City of Newport Beach. Date Received: & - U -0 Dept./Contact Received From: Date Completed: (.0- 20-0"1 Sent to: 5, k 1 ✓\ ,�7_ By: Company /Person required to have certificate: To tC4, r\ a:41 Lyc,-1C p.1 -Sx,e� r r)s , c{Jrs °f-- cor-L --�- " I :5 Cc S tor Sit�j�,; fl ed. 6., AD W� I. GENERAL LIABILITY / LQ bne_4-! A. INSURANCE COMPANY: G [_GUI B. AM BEST RATING (A: VII or greater): C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes a-No D. LIMITS (Must be $1M or greater): What is limit provided? oZ yy-)'1 � E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (rYes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? NrYes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? KYes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: A ff1wI cb-vt S'I'B `>;S _1 hS c B. AM BEST RATING (A: VII or greater): - -f C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? �es ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? rrl ,t E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? 0,Yes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): // Is it included? 1� / ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: t 1 I ,6_,5J 0. I-) (t-,-h iY ! r, S. %Q . B. AM BEST RATING (A: VII or greater): 4 V a C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? XYes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? _ y❑ Yes kfNo IF NO, WHICH ITEMS NEED TO BE COMPLETED? C j (,-f m I C C>4 V � CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL GRANT HOWALD — COMMUNITY YOUTH CENTER BASKETBALL COURT REPLACEMENT CONTRACT NO. 3634 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 (P- 5190 -S) 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. 3634 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 /Site Security c�,,mJAa � elan oQ.- @ Dollars and Cents $ (9,R 00. 0 0 Per Lump Sum 2. Lump Sum Remove Basketball Court Dollars and ` LD Cents $ T)64106 Per Lump Sum 3. 2,100 S.F. P.C.C. Sidewalk @ d Dollars I and acuGu Cents $ 5•aD $ LO, ga,O.60 Per Squak Foot @_...� Dollars and ` Lo Cents $ 800 $ 960.00 Per Lineal Foot 6. Lump Sum Grading /Import/Export/ Compaction /Sod @ Dollars and Cents $ 3506-00 Per Lump Sum 7. 26 C.Y. Crushed Miscellaneous Base @ Dollars and "YW Cents $ aQ, q o $ 83�• 0 D Per Cubic Yard 8. Lump Sum Reinforced P.C.C. Basketball Court @ lcle.�B« -Li Dollars and b Cents Per Lump Sum 9. 2 Ea. Basketball Poles and Backboards Dollars and `1W Cents Per Each $ a9goyoo $ as60• DD $ 5000 . Do • PR2of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 6 Ea. Root Prune Tree Dollars and %la Cents $ aSD•DO $ DO Do Per Each 5. 120 L.F. Root Barriers @_...� Dollars and ` Lo Cents $ 800 $ 960.00 Per Lineal Foot 6. Lump Sum Grading /Import/Export/ Compaction /Sod @ Dollars and Cents $ 3506-00 Per Lump Sum 7. 26 C.Y. Crushed Miscellaneous Base @ Dollars and "YW Cents $ aQ, q o $ 83�• 0 D Per Cubic Yard 8. Lump Sum Reinforced P.C.C. Basketball Court @ lcle.�B« -Li Dollars and b Cents Per Lump Sum 9. 2 Ea. Basketball Poles and Backboards Dollars and `1W Cents Per Each $ a9goyoo $ as60• DD $ 5000 . Do • PR3of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. Lump Sum Basketball Court Striping /Painting @tn e lgumd%1a aL Dollars and ` At> Cents Per Lump Sum 11. Lump Sum Survey pG AA C� ��`' Dollars and OW Cents Per Lump Sum TOTAL PRICE IN WRITTEN WORDS RM Cents ,T11W 7, avo y Date M-N aloe FAY - 909 -*1- Bidder's Telephone and Fax Numbers 7a-9 as & A- i /a Bidder's License No(s). and Classification(s) 17, rlaa. 0 0 $ 00.00 $ 700 -DD Dollars Total Price (Figures) --4TeTER,VA7r0nrAz- 00,,20,51nE.tl7- 5& &77ONS =4.L. Bidder Bidder's Auth6rizegSignature and Title A0,60X IPVM 509AJ& tZWa1XJd, 0 Bidder's Address %?K3- OV,S� Last saved by srooksD5'1312004 3:38 PM f:\ users 1pbv,Ashared\contracts4nasters \GRANT HOWALD - COMMUNITY YOUTH CENTER BASKETBALL COUP.T.doc • CSLB complaint disclosure is restricted by law (B &P. 71.24_.6). If this entity is subject t< complaint disclosure, a link for complaint disclosure will appear below. Click on the lin button to obtain complaint and /or legal action information. • Per B__ &_P_7071.17, only construction related civil judgments known to the CSLB are di • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. • Due to workload, there may be relevant information that has not yet been entered ont Board's license data base. Extract Date: 06/08/2004 * * * Business Information * * * INTERNATIONAL PAVEMENT SOLUTIONS INC P O BOX 10458 SAN BERNARDINO, CA 92423 Business Phone Number: (909) 794 -2101 Entity: Corporation Issue Date: 11/01/1996 Expire Date: 11/30/2004 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications * * * [Class i Description 0 GENERAL ENGINEERING CONTRACTOR © GENERAL BUILDING CONTRACTOR * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number RED1080204 in the of $10,000 with the bonding company http:// www2. csl b. ca. gov/ CSLB_LIBRARY /License+Detail.asp 06/08/2004 License Detail • • REDLAND INSURANCE Effective Date: 01/01/2004 Cancellation Date: 07/01/2004 Contractor's. Bondi_ng_History Page 2 of 2 BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) DE CRAIG RIEGER certified that he /she owns 10 percent or more of the voting stock/equity corporation. A bond of qualifying individual is not required. Effective Date: 11/01/1996 * * * Workers Compensation Information * * * This license has workers compensation insurance with the ALASKA NATIONAL_ INSURANCE CO. Policy Number: 03GWD40057 Effective Date: 07/29/2003 Expire Date: 08/13/2004 Workers Compensation History Personnel listed on this license (current or disassociated) are listed on other lice) Personnel List Other Licenses License Number Request Contractor Name Request Personnel Name Request Salesperson_ Request Salesperson Name Request © 2003 State of California. Conditions of Use Privacy, Policy http: / /www2. cslb. ca. gov /CSLB_LIBRARY /License+Detail.asp 06/08/2004 1 1 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS GRANT HOWALD - COMMUNITY YOUTH CENTER BASKETBALL COURT CONTRACT NO. 3634 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -7 ADJUSTMENTS TO GRADE 5 -8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 1 1 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 4 4 6 -7.2 Working Days 6 -7.4 Working Hours 6 -9 LIQUIDATED DAMAGES SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water 7 -8.6 Water Pollution Control 7 -8.6.1 BMP and Monitoring Program 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access 7 -10.2 Storage of Equipment and Materials in Public Streets 7 -10.4 Public Safety 7- 10.4.1 Safety Orders 7 -15 CONTRACTOR LICENSES 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS SECTION 9 MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -11 General 9 -3.2 Partial and Final Payment PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General 300 -1.3.2 Requirements 4 4 4 5 5 5 5 5 5 i .0 7 7 7 7 8 I H V APPENDIX A Fortified Plexipave Specifications 0 300 -1.5 Solid Waste Diversion 9 SECTION 302 ROADWAY SURFACING 10 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 10 302 -6.6 Curing 10 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 10 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 10 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 10 303 -5.1.1 General 10 SECTION 304 METAL FABRICATION AND CONSTRUCTION 10 304 -1 GENERAL 10 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 10 308 -1 GENERAL 10 SECTION 310 PAINTING 11 310 -5 PAINTING VARIOUS SURFACES 11 310 -5.7 Painting Basketball Court Markings 11 SECTION 400 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 12 400 -2 UNTREATED BASE MATERIALS 12 400 -2.1 General 12 400 -2.1.1 Requirements 12 APPENDIX A Fortified Plexipave Specifications SP 1 OF 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS GRANT HOWALD - COMMUNITY YOUTH CENTER BASKETBALL COURT REPLACEMENT CONTRACT NO. 3634 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. P- 5190 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE. Add to this section, "The work necessary for the completion of this contract consists of removing existing basketball court and facilities, removing adjacent trees, root pruning, grading, placing of base, compaction, constructing a reinforced P.C.C. basketball court, poles and backboards, basketball court painting and striping and all other work necessary to complete the work in place. 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize /follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The filing of a Corner Record and /or a Record of Survey with the County Surveyor's Office is required after the Work completion. • • SP2OF12 All existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and /or monuments damaged by the Work." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall have the affected survey monuments restored per records, at his expense. The Contractor's Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor." 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. • 0 SP3OF12 The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finish grade City - owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. For adjustment of Southern California Edison, The Gas Company, SBC, cable television, and other utility facilities to the finish grade, the Contractor shall submit to the Engineer a written request specifying facilities to be adjusted. The City will contact each utility company and request the utility company to adjust its facilities per the franchise agreement and asking the utility company to coordinate the adjustments with the City's contractor. The Contractor shall then coordinate with each utility company for the adjustment of these facilities. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 -3402. The contractor shall remove and salvage City -owned sewer manhole covers and grade rings and City owned water valve cans and covers, and furnish and install new sewer manhole cover and water valve covers prior to finish grade adjustment. Salvaged material shall be delivered to City Utilities Yard. SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed." No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind • • SP 4 OF 12 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 twenty 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 1s', 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 41', the first Monday in September (Labor Day), November 11" (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24`", (Christmas Eve — half day), December 25`h (Christmas), and December 31" (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." 6 -7.4 Working Hours. Normal working hours are limited to 8:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, his subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc. before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, he must first obtain special permission from the Engineer. The request may be for 4;30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $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. • • SP5OF12 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 continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." 3:14a IA]Zim *T08P.�91= 3I�i�1 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. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin." 7 -8.6.1 Best Management Practices and Monitoring Program. The contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance, failure of the contractor to follow BMP will result in immediate cleanup by City Forces and the back charging of the contractor for all costs plus 15 percent. 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. Replace the first sentence of the second paragraph with, 'The Contractor shall repair, restore, or reconstruct all existing public and private improvements disturbed or damaged by the work which are not designated for removal. Such restoration work may include, but not be limited to: turf, plants and planters, shrubs, trees, irrigation components, electrical components, fences, brick and brick pavers, concrete, painting of various surfaces, ornaments and other decorative items, property corner survey markings, etc." Replace the last sentence of the third paragraph with, "Lawns shall be repaired with sod identical to the existing type and as approved by the City's Urban Forrester." • 0 SP6OF12 Add to this section, "The Contractor is advised to photograph /videotape and keep records of the existing work site conditions prior to the start of any construction work." 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accord with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc. Pedestrian access to adjacent school property must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments." 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. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. 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 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor C -8 License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 0 • SP7OF12 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 prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobiiization /Site Security: Work under this item shall include providing bonds, insurance and financing, establishing a field office, installing temporary chain link fence, preparing the SWPPP and construction schedule, and all other related work as required by the Contract Documents. Item No.2 Basketball Court Demolition: Work under this item shall include removing and disposing of the existing basketball court, sidewalk, and related facilities, restoring all existing adjacent improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 3 P.C.C. Sidewalk: Work under this item shall include subgrade compaction, constructing the 4 -inch thick P.C.C. sidewalk, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 4 Root Prune Tree. Work under this item shall include root pruning, removal and disposal, backfilling the root cavity with a native soil approved by the Engineer, and all other work required to complete the work in place. All utilities or other • • SP8OF12 improvements damaged by the work shall be immediately repaired at the expense of the Contractor and no additional compensation shall be made. Item No. 5 Tree Root Barrier. Work under this item shall include the installing a tree root barrier between the edge of the basketball court and existing tree to be root pruned, and all other work required to complete the work in place. All utilities or other improvements damaged by the work shall be immediately repaired at the expense of the Contractor and no additional compensation shall be made. Item No. 6. Grad ing /I mport/Export/Compaction /Sod: Work under this item shall include grading, import or export of material, compaction, installation of sod and all other related work as required to complete the work in place. Item No. 7 Crushed Miscellaneous Base: Work under this item shall include providing and placing crushed miscellaneous base, and all other related work as required to complete the work in place. Item No. 8 Reinforced P.C.C. Basketball Court: Work under this item shall include construction of a Reinforced P.C.C. basketball court, and all other related work as required to complete the work in place. Item No. 9 Basketball Poles and Backboard: Work under this item shall include providing and installing basketball poles, backboards, hoop, net, related hardware, and all other related work as required to complete the work in place. Item No. 10 Basketball Court Striping /Painting: Work under this item shall include installing traffic striping, pavement markers, and all other work items as required to complete the work in place. Item No. 11 Survey: Work under this item shall include providing survey and all other related work as required to complete the work in place. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560 -C- 3250." • • SP9OF12 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 A615 with 2 -inch minimum cover unless shown otherwise on the plans." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General. Add to this section: 'The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. Contractor shall meet with the Engineer to mark out the areas of removal and replacement. Approximate area of removal and replacement is 4,200 square feet." 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." And replace the words 1 '/2 inch" of the last sentence with the words "two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. • • SP 10 OF 12 SECTION 302 - -- ROADWAY SURFACING 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing. Add to this section: "The Contractor shall not open improvements for use until P.C.C. has attained the minimum compressive strength specified in Section 201 -1.1 -2 of the Standard Specifications." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "All forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. All trenches are to be backfilled and compacted with native soil. No ponding of water shall be allowed on the project site. The soil under the proposed concrete slab and within 5 -feet of their footprint shall be at or over optimum moisture content such that there are no apparent surface cracks." SECTION 304 -- -METAL FABRICATION AND CONSTRUCTION 304 -1 General. The basketball pole, backboard, hoop, etc. shall be as supplied by Tomark Sports, [(800) 959 -1844, www.tomark.com.] or equal, and shall be installed per manufactures written instructions. The Contractor will provide and install two each of the following: Item Description 32218 6 -5/8" Diameter Post with 6' Extension Board 32284 #10 Rectangle White Aluminum Backboard with Target and Border 30032 BA35 Protech Competition Breakaway Goal Rim and Net 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 work. The Contractor shall submit recommendations by a "Certified Arborist" to the City for staff review for safe pruning, removal of tree roots and root barrier installation. No roots shall be pruned of removed unless this submittal is returned to the Contract as satisfactory. Century root barrier panels, or approved equal, shall be installed. Prior to the submittal, the Contractor shall arrange to meet with the City's Urban Forester, Mr. John Conway ((949) • - • SP 11 OF 12 644 -3083) at the site to discuss City standards and requirements. Improper machinery and failure to understand the guidelines shall be cause for delay of work. The submittal shall adhere to the following guidelines: 1. Root Pruning 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 an approved root - pruning machine or comparable tool. 2. Arbitrary Root Cut a. A straight cut with an approved 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 Pruning 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 approved 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 per City approval. 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. SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.7 Painting Basketball Court Markings. Paint shall be Fortified Plexipave, as manufactured by Plexipave [(800) 225 -1141, www.olexipave.com.] or equal, and applied per manufacturer's written instructions and specifications in Appendix A. i•. SP 12 OF 12 PART 4 SECTION 400 - -- ALTERNATE ROCK PRODUCTS ASPHALT CONCRETE PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General 400 -2.1.1 Requirements. Add to this section: "The Contractor shall use crushed miscellaneous base or better as the base material." F: \USERS \PBVJ\Shared \Contracts \FY 03 -04 \Grant Howald Basketball Ct C- 3634 \SPECS C- 3634.doc (ssr) APPENDIX A 0 FORTIFIED PLEXIPAVE SPECIFICATIONS 0 " A Division of California Preclude , An Employee Owned Company Plexipwe PlenascombROve- F..S78foU5A SECTION 10.19 Plena; 978-623-99801800-225-1141 nmb Ro ndover aasa • Fax: 01810 -9960 w .plexipave,wm • info @plexipave.won SITE IMPROVEMENTS EXTERIOR /INTERIOR ATHLETIC FACILITIES APPLICATION SPECIFICATIONS CONCRETE SURFACES 1.0 DESCRIPTION This specification covers the application of a new wearing surface for Plexipave Tennis Courts and /or new or existing concrete tennis courts that have a sound, well- drained base of adequate thickness and stability. Surfaces should be properly sloped for good drainage, and free from cracks. The process consists of the repair of any minor depressions and cracks, followed by applications of the Plexipave System. NOTE: The success of all- weather characteristics of coating is dependent on a sound base with good drainage, the concrete surface being prepared in accordance to Specification 10.0 of California Products Corporation and the U.S. Tennis Court & Track Builders Association. Care should be taken to provide adequate surface water drainage and an appropriate vapor barrier below the concrete slab. Surface variation should not exceed 1/8 inch in 10 ft. when measured in any direction with a straight edge and slope 1 inch in 10 ft., all in one plane. 2.0 MATERIALS 2.1 Concrete Preparer — shall comply with Specification 10.13 of Califomia Products Corporation. 2.2 California Ti-Coat— shall conform with Specification 10.17 of California Products Corporation. 2.3 Plexipave Court Patch Binder — shall comply with Specification 10.14 of California Products Corporation 2.4 Acrylic Resurfacer— shall comply with Specification 10.8 of California Products Corporation. 2.5 Plexipave Color Base — shall conform to Specification 10.5 of California Products Corporation. 2.6 Plexichrome — shall conform to Specification 10.1 of California Products Corporation. 2.7 Plexicolor Textured Line Paint — shall conform to Specification 10.4 of California Products Corporation. 2.8 Water— The water used in all mixtures shall be fresh potable. 3.0 CONSTRUCTION — Concrete (new constructions) 11 Surface Preparation — Concrete shall have a wood float or medium broom finish. DO NOT PROVIDE STEEL — TROWEL FINISH. DO NOT ALLOW ANY CURING AGENTS OR HARDENERS TO BE USED. Concrete must cure for a minimum of 28 days. Thoroughly remove all dirt, dust, mud, oil, and all foreign matter. Flood the surface, locate and mark all depressions greater than the thickness of a nickel. 0 3.2 Concrete Preparer — Concrete surface must be etched with Concrete Preparer solution. After drying, all latent material must be removed from the surface. 33 Depressions — After the surface has dried, fill marked depressions with Court Patch Binder according to specifications using the following mix: 100lbs. 60 -80 mesh silica sand (dry) 3 gallons Plexipave Court Patch Binder I or 2 gallons Portland Cement, Type I (20lbs. min.) Tack Coat — A tack coat is necessary under patches only and shall be mixed as follows: Plexipave Court Patch Binder diluted 1 part Court Patch Binder to 2 parts water and allowed to thoroughly dry prior to patching. After patching the surface shall not vary more than 118° in ten feet measured in any direction. 14 Primer Coat — Mix and apply California Ti -Coat epoxy primer according to Specification 10.17. Use only on uncoated surfaces. NOTE: Plexibond may be used as an alternate for priming concrete courts. Consult manufacturer before mixing. 3.5 Acrylic Filler Coat —A coat of Acrylic Resurfacer shall be applied within 1 to 3 hours of the application of Ti — Coat while still tacky to fingertip touch. Acrylic Resurfacer — 55 gallons Sand (60 -80 mesh) — 600 -900 lbs. Water — 20 -40 gallons Liquid Yield = 112 -138 gallons 4.0 PLEXIPAVE COLOR BASE AND PLEXICHROME 4.1 Plexipave Acrylic textured coats shall be applied on the clean, dry underlying surface in 3 applications to obtain a total quantity of not less than .15 nor more than .23 gallons per sq. yd. of area, based on the material prior to dilution. No application shall be covered by a succeeding application until thoroughly dried. Dilution with Plexichrome and water to obtain proper application consistency will be as follows: Plexipave Color Base — 30 gallons Plexichrome — 20 gallons Water — 20 gallons (NOTE: Other mix ratios may be used after consulting the manufacturer.) The diluted material shall be homogeneous. Segregation before or during application will not be permitted. The finished surface shall have a uniform appearance and shall be free from ridges and tool marks. 5.0 PLAYING LINES 0 0 5.1 Four hours minimum after completion of the color coating, 2 -inch wide, textured playing lines shall be accurately located, marked and painted with textured Plexicolor Line Paint as specified by the U.S. Tennis Association. 6.0 Limitations 6.1 No parts of the construction involving Plexipave System shall be conducted during rainfall or when rain is imminent. The air temperature must be at least 50 1 /2F and rising. Do not apply when surface temperature is in excess of 140 1 /2F. The Plexipave System will not prevent surface or structural crack from reoccurring. ........................... �� ha A Division of Cal tomia Products • An Employee Ovmed Company Plexipave; tho Dpa omG Road Andover Massachusetts o18ID USA Phone: 97"23-9980 m,i Bo0.Y2 &11A1 . Fax W3-623 -9960 '-'- --�- vrvw. lex ava mm.into@pleXipave.ppm EXTERIOR/I DESCRIPTION: N]q FORTIFIED PLEXIPAVE® SECTION 10.2 COLOR SURFACER Fortified Plexipave is a beautiful and colorful surface finish system in a form containing additional colors and binders for longwearing playing surfaces such as tennis courts and playgrounds. With its filler properties, Fortified Plexipave provides a uniform asbestos- free texture over suitable asphalt emulsions, hot -mix asphalt surfaces and concrete. Since Fortified Plexipave requires essentially no mixing, the applicator does not need expensive mixing equipment and the additional labor required with on- the -job mixing. Fortified Plexipave may be used in a three coat system or a final texture finish coat for the Plexipave Color Finish System. SURFACE USES: Over asphalt and suitable concrete substances: • Tennis Courts • Basketball Courts • Play Areas • Light Traffic Pathways and Walkways • Patios • Multi- Purpose Sport Areas APPLICATION: • 24" or 36" 50 Durometer flexible rubber squeegees as approved by the Manufacturer. DRYING TIME: • 30 minutes to one hour depending on ambient temperature and humidity. A three coat application in normal summer drying weather can be made over a properly prepared surface in one day. COLOR RANGE: 9 selected colors: Light Green, Dark Green, Florida Green, Red, Sahara Sand, Pacific Blue, Cape Gray, Brown, Maroon. COVERAGE: (Depending on Surface and Porosity.) • First Coat — 10 -15 square yards per gallon. (.1 -.07 gal. /sq. yd.) • Second Coat — 15 -20 square yards per gallon. (.07 -.05 gal. /sq. yd.) • Third Coat — 20 -25 square yards per gallon. (.05 -.04 gal. /sq. yd.) LIMITATIONS: • Apply only when ambient temperature is 50 °F and rising. • Keep containers tightly closed when not in use. • Do not apply when rain or high humidity is imminent. • Do not apply if surface temperature is in excess of 140 °F • Obtain maximum leveling, proper pitch and "tight" surface density of asphalt leveling course to provide maximum performance and economy of Fortified Plexipave. • Allow asphalt to cure at least 14 days • Allow concrete to cure a minimum of 28 days. Do not allow use of curing agents or concrete hardeners. • Keep from freezing — Do not store in hot sun • The Plexipave system will not prevent pavement cracks from occurring 1 � Y • 1.0 SCOPE • SECTION 10.2 SPECIFICATIONS FORTIFIED PLEXIPAVE COLOR FINISH SYSTEM 1.1 These specifications pertain to the application of Fortified Plexipave Color Finish over tennis courts and other recreational areas as designated in the Site Plans. The material in colors indicated shall be for asphalt or concrete surfaces and must be equally durable over both. 1.2 The work shall consist of suitable cleaning and preparation of the asphalt or concrete to assure a satisfactory bond of the color finish to the base and the subsequent coating applications. 2.0 DESCRIPTION 2.1 The asphalt (or concrete) surfaces to receive the color finish shall be provided clean, sound, free of grease, oils and other foreign materials, and shall be to the grade and pitch shown in the plans. Concrete surfaces shall be etched with Concrete Preparer, allowed to dry well and scrubbed clean. Concrete surfaces shall be primed with California Ti -Coat according to specification 10.17. Acrylic Resurfacer shall be applied over asphalt and concrete surfaces according to specification 10.8 The application contractor of the color Finish shall then remove by brush, vacuum or blower (as appropriate in each area for safety and convenience) all dust, dirt, imbedded soil. Tree stains, resins and areas not easily cleaned shall be mechanically washed and removed. 2.2 Edges adjacent to building, curbing and landscaping not to be coated with this Color Finish System shall be adequately masked with tape or otherwise protected during these applications. The contractor shall also erect suitable temporary barriers to protect the coatings during drying and curing periods. 2.3 Materials specified for the Color System shall be delivered to the site in sealed, green painted containers properly labeled with California Products Corporation labels, and stenciled with the proper batch code numbers. Products packaged or labeled in any other manner will not bee accepted. Mixing with clean fresh water shall only be done at the job site. Spreading rates are based upon materials prior to mixing with water as directed. The material shall be mixed one (1) part water to four (4) parts Fortified Plexipave. In extremely warm climatic conditions, additional water can be added for a more workable mix. 3.0 SURFACE PREPARATION 3.1 Asphalt shall be cured for at least 14 days and concrete for a minimum 28 days prior to Color Finish application. Ridges and excessive voids or depressions shall be corrected prior to first color application. Refer to CPC Specified Section 10.0, 10.8 and 10.14 for preparation of asphalt and concrete surface. 4.0 FORTIFIED PLEXIPAVE COLOR FINISH SYSTEM 4.1 The materials to be used shall be FORTIFIED Plexipave as manufactured by California Products Corporation, Andover, MA 01810, in colors specified and approved by the owner prior to first color application. 5.0 APPLICATION 5.1 Over new asphalt (or concrete) surfaces, three (3) squeegee coats of the same color shall be applied in succession as soon as the previous coat has dried and all work shall be done by experienced or carefully trained workmen. The contractor shall be accountable at all times for the amount of materials of each color used. 5.2 All line markings shall be made with Textured Plexicolor Line Paint according to specification 10.4 6.0 GENERAL 6.1 Upon completion of work, the contractor shall remove all containers and debris, and leave the site in a clean and orderly condition acceptable to the owner.