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Home My WebLink AboutC-3641 - Begonia Park Playground ImprovementsCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC August 9, 2006 Horizons CCI Services, Inc. 2111 W. Crescent Avenue, Suite G Anaheim, CA 92801 Subject: Begonia Park Playground Improvements (C -3641) To Whom It May Concern: On August 9, 2005, 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 September 21, 2005. The Surety for the contract is The Explorer Insurance Company, and the bond number is 2159422. Enclosed is the Faithful Performance Bond. Sincerely, G�(4� � 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 ::.. r.... ORIGINAL.,: ISSUED IN FOUR ORIGINAL COUNTERPARTS COUNTERPART NO. 'I CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BEGONIA PARK PLAYGROUND IMPROVEMENTS CONTRACT NO. 3641 BOND NO. 2159422 FAITHFUL PERFORMANCE BOND ttE PREMIUM 6 MEM D ON T{lRML CryNTRAffRpN •.. IS &IBJECT TO ADJUSTMBR. The premium charges on this Bond is $ 1,854.00 being at the rate of $ 25.00 TO THE FIRST $100,000.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Horizons CCI Services, Inc., hereinafter designated as the "Principal', a contract for construction of BEGONIA PARK PLAYGROUND IMPROVEMENTS, Contract No. 3641 in the City of Newport Beach, in strict conformity with the plans, drawings, specAcations, 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. 3641 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and THE EXPLORER INSURANCE COMPANY duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the scan of Seventy -four Thousand, One Hundred Forty -seven and 45/100 Dollars ($74,147.45) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principars 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 ofllcers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 28 As a part of the obfigation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed .thereunder or to the specifications accompanying the same shall in any way affect its' obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 19TH day of JANUARY 20 5. 01044 A • Qt 411 /! "FA(W � Z' Horizons CCI Services, I c. (Principal) Aulho ' d SignaVWiiie THE EXPLORER INSURANCE COMPANY Name of Surety d Agent Signature 10255 VISTA DEL CAPITIAN LAKESIDE CA 92060 -2520 Address of Surety (619) 261 -7330 Telephone JULIA O. LEONARD, ATTORNEY -IN -FACT Print Name and Title NOTARYACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED ?] CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of County of CALIFORNIA RIVERSIDE On JAN 1 9 2005 before me, S.L. KYSETH, NOTARY PUBLIC Name and Me of Officer (e.g., "Jam Doe, Notary Pubic) personally appeared JULIA B. LEONARD, ATTORNEY IN FACT Name(s) of Signer(s) ® personally known to me -OR- ❑ proved to S.L. KYSETH COMM. #1528013 NOTARY PUBLIC - CALIFORNIA RIVERSIDE (MINTY jolt Ctl 2 Nov.18 2008 me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his /her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer ❑ rnes(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: BD -1133 09/00 Number of Pages: Signer's Name: Individual Corporate Officer Title(s): Partner - ❑ Limited ❑ General Attorney-in-Fact Trustee Guardian or Conservator Other: Signer Is Representing: ICW GROUP INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 El Camino Real San DiW, Ca 92130 -2045 BOND # COVERAGE DISCLOSURE 2159422 The Terrorism Risk Insurance Act of 2002 (the "Act ") establishes a program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on the premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism that is in excess of the statutorily established deductible for that year. The Act also caps the amount of terrorism - related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from. and imbedded in the overall premium. No. 0002916 ISSUED IN FOUR ORIGINAL COUNTERPARTS ICW GROUP BOND NO: 2159422 Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws offer State of Texas, (collectively referred to as the " Comparnies"), do hereby appoint KENNETH A. COATE, MARK N. GLADDING AND JULIA B. LEONARD their true and lawful Attorney(s)-in-Fact with authority to date, execute, sign, seal, and deliver can behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereo4 the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001. �, swrwro< C-43 �J,*`INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY C r ♦ INDEPENDENCE CASUALTY AND SURETY \° COMPANY John H. Craig, Assistant Secretary John L. Hannum, Executive Vice President State of California County of San Diego ss. On December 5, 2003, before me, Mary Cobb, Notary Public, personally appeared John L. Hamum and John H. Craig, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to tae that they executed the same in then authorized capacities, and that by their sigtmuves on the instrument, the entity upon behalfofwhich the persons acted, executed the instrument. MAHYCOBB COMM. #1321341 . "�sasu DMGGOt �tylroRtm p My Cormnisson orPkes SEPTEMBER 20.2005 Witness my hand and official seal. Mary Cobb, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the persons) named as Attorney(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same fame and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stumping, printing, Ogg, or photocopying.. CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Atomey is in fall force and effect, and has not bees revoked, and that the above resolutions were duly adopted by the respective Boards of Dinecors of the Companies, and are now in full force. IN WITNESS WHEREOF, I have set my hand this 19TH dayof JANUARY 1 2005 John H. Craig, Assistant Secretary To verify the authentiraty of this Power of Attorney you may call I -S00- 877 -1111 and ask for the Surety Division. Please refer to the Power ofAttomey Number, the above named individual(a) and details of the bond to which the power is aftachod. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130 -2045 or call (858) 350-2400. 0 9 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC September 21, 2005 Horizons CCI Services, Inc. 2111 W. Crescent Avenue, Suite G Anaheim, CA 92801 Subject: Begonia Park Playground Improvements (C -3641) To Whom It May Concern: On August 9, 2005, 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 August 17, 2005, Reference No. 2005000645983. The Surety for the contract is The Explorer Insurance Company, and the bond number is 2159422. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, MMC City Clerk cc: Public Works Department R. Gunther, P.E. end. 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 EG .::.. • ISSUED IN FOUR ORIGINAL COUNTERPARTS COUNTERPART NO.� CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BEGONIA PARK PLAYGROUND IMPROVEMENTS CONTRACT NO, 3641 BOND NO. 2159422 ii PREMIUM: INCLUDED IN THE PRENIUN CHARGED FOR THE PERFORMANCE BOND LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of Caliifomia, by motion adopted, has awarded to Horizons CCI Services, Inc., hereinafter designated as the "Principal," a contract for construction of BEGONIA PARK PLAYGROUND IMPROVEMENTS, Contract No. 3641 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. 3641 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, THE EXPLORER INSURANCE COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to, herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of Seventy -four Thousand, One Hundred Forty -seven and 45MOO Dollars ($74,147.45) 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 attomey's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of Califomia. RM 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 terns 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 19TH day of JANUARY 2 05. fi,47�1 IBRANI.A4 tv ,� Horizons CC[ Services, Inc. (P ncipal) A o - ed Signatu e THE EXPLORER INSURANCE COMPANY Name of Surety 1A64hWzed Agent Signatu 10255 VISTA DEL CAPITIAN LAKESIDE CA 92040 Address of Surety 619- 261 -7330 Telephone JULIA B. LEONARD, ATTORNEY -IN -FACT Print Name and Title. ' NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 CALIFORNIA ALL -PURP 5E ACKNOWLEDGEMENT State of CALIFORNIA County of RIVERSIDE On 101 1 9 %f105 before me, S.L. KYSETH, NOTARY PUBLIC Name and Title of Officer (e.g., "Jane Doe, Notary Public ") personally appeared JULIA B. LEONARD, ATTORNEY IN FACT Name(s) of Signers) ® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their R S,L. KYSETH signature(s) on the instrument the person(s), or the entity upon %MYNOCTAORYPU #1 28013 behalf of which the person(s) acted, executed the instrument. RIVERSIDE COUNTY Caren. Nrn.19,2008 WITNESS my and ann officia seal. OPTIONAL - - - -- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Titles(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: EID -1133 09/00 Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Title(s): ❑ Partner-E] Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: • ICW GROUP s INSURANCE COMPANY OF TBE WEST TBE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY 11455 El Camino Real San Diego, Ca 92130 -2045 BOND # TERRORISM COVERAGE DISCLOSURE 2159422 The Terrorism Risk Insurance Act of 2002 (the "Act ") establishes a program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on the premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism that is in excess of the statutorily established deductible for that year. The Act also caps the amount of terrorism - related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in the overall premium. No. 0002916 ISSUED IN FOUR ORIGINAL COUNTERPARTS ICW GROUP BOND NO: 2155422 Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies'), do hereby appoint KENNETH A. COATE, MARK N. CLADDING AND JULIA B. LEONARD their true and lawful Anomey(s)-m -Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and my related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001 . searwro tN6Uq �vutvrr e'vo INSURANCE COMPANY OF TAE WEST .orosroMr�r¢ oy�'�oa °OWt�y'Nr oo THE EXPLORER INSURANCE COMPANY £Om d SEALP n K INDEPENDENCE CASUALTY AND SURETY g �Nt. eM1 dy�tONA �,, D� a COMPANY .a John H. Craig, Assistant Secretary State of California } County of San Diego ss. ow'04�� John L. Hannum, Executive Vice President On December 5, 2003, before me, Mary Cobb, Notary Public, personally appeared John L. Hammon and John H. Craig, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. CMMY # C1OAHB 0 V NDSAN rUFR Ca SAN 01EGO XOUN1Y f 0. V MYilOtrrmf5A0n Ezpkes SEPTEMBER 20.2005 Witness my hand and official seal. Mary Cobb, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the persons) named as Attorney(s) -in -Fact to dam, execute, sign seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and sea] of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE 1, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Anomey is in full fore and ClImt, and bas not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, Ihave set my hand this 19TH day of JANUARY 2005 �11� John H. Craig, Assistant Secretary To verify the authenticity of this Power of Attorey you may call 1 -800- 877 -11 U] and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, IC W Group, 11455 El Camino Real, San Diego, CA 92130 -2045 or call (858) 3502400. 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk MOO' Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder IIII! III! IIIIIIIIIIIIIIIIIIIIII! IIIIIIIIIIIIIIIIIlIIIIIIIIIIIiIIIIIIIIIIIIINO FEE 200500064598311:07am 08117105 227 92 N33 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees ,( pursuant to Government Code -Section 6103" 4I NOTICE OF COMPLETION Iv NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Horizons CCI Services, Inc., of Anaheim, California, as Contractor, entered into a Contract on January 25, 2005. Said Contract set forth certain improvements, as follows: Begonia Park Playground Improvements (C -3641) Work on said ..Contract _was completed. on August 9. -2005, and was found to be acceptable on August 9. 2005, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is The Explorer Insurance Company. Director Irt Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on a tAA't' � �� away at Newport Beach, California. BY L2% t?)vn . M, City Clerk 1/I 0 • CITY OF NEWPORT BEACH ��P ; ;�; August 10, 2005 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion (C -3641) OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC Please record the enclosed document and return it to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 0 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recordin2 ees pursuant to Government Code Becton 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Horizons CCI Services, Inc., of Anaheim, California, as Contractor, entered into a Contract on January 25, 2005. Said Contract set forth certain improvements, as follows: Begonia Park Playground Improvements (C -3641) Work on said Contract was completed on August 9. 2005, and was found to be acceptable on August 9. 2005, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is The Explorer Insurance Company. Director �rt Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on aZ�s at Newport Beach, California. OWNSj ► / �/ • • C -391 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 7 August 9, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department R.Gunther, P.E. 949 -644 -3311 rgunther@city.newport-beach.ca.us SUBJECT: BEGONIA PARK PLAYGROUND IMPROVEMENTS — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3641 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. 5. Authorize the Public Works Director to approve Change Order No. 2 in the amount of $14,447.33 and authorize the encumbrance of an additional $14,374.21 and budget amendment appropriating the same amount from Unappropriated BET Fund Balance, 270 -3605, to account 7271- C4120724. DISCUSSION: On January 25, 2005, the City Council authorized the award of the Begonia Park Playground Improvements to Horizons CCI Services Inc. This project involved removing and disposing of existing improvements, grading, installing drains, constructing PCC sidewalk, playground rubber surface material, and rubber curbing, installing City- furnished playground equipment, modifying the irrigation system and installing sod and landscaping. After the contractor had started construction it became apparent that a revision to the park design was needed to create a two -level play area with connecting walkways. While there were advantages in a single -level play area, the revised design eliminated the safety hazard associated with retaining walls. Additionally, the park design calls for using a shredded rubberized material that could be subject to mildew if exposed to standing water. The revised design provided better drainage away from the play area. These revisions added additional costs to the project, particularly for soil import, SUBJECT: Begonia Park Playg mprovements — Completion and Acceptance of C No. 36x41 August 9, 2005 Page 2 additional grading, and additional sidewalk. The lessons learned on this park will be reflected in future park designs. 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: $74,147.45 Actual amount of bid items constructed: $74,188.27 Total amount of change orders: $32,591.58 Final contract cost: $106,779.85 The final overall construction cost including Change Orders was 44 percent over the original bid amount. The City Manager gave his written authorization to exceed the original contract amount up to 24% per the City Council Policy F -3. The following two Change Orders were issued for the project: • Change Order No. 1 in the amount of $18,144.25 provided for a revised construction plan that allowed for a tiered level of in the grading of the park which reduced the slopes and made it safer for public use. o Change Order No. 2 in the amount of $14,447.33 provided for additional grade changes, sidewalk adjustments, garden walls and miscellaneous work. Construction costs for this project have exceeded the 125% threshold of the original contract. Change Order No. 2 requires Council approval for the additional expenditure. Staff is recommending the approval of this Change Order and is also requesting authorization to encumber additional funds from the BET Fund Balance to accommodate Change Order No. 2. Upon approval of the recommended budget amendment, the expenditure breakdown for this project will include the following: Account Description General Fund General Fund Begonia Park Playground Improvements Contributions Prepared by: R. Gunther, P.E. Construction Engineer Account Number 7013- C5100020 7015- C4120431 7271- C4120724 7251- C4310708 Total Submitted by: Amount $5,200.00 $5,740.00 $64,292.40 $31,547.45 $106,779.85 Baum Director Cdr of Newport Beach BUDGET AMENDMENT 2005 -06 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations AND Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 06BA -005 AMOUNT: g2s,s21.sa Increase in Budgetary Fund Balance X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance To increase expenditure appropriations for Begonia Park Playground Improvements. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 270 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Build Excise Tax Fund - Fund Bal. Description Description Division Number 7271 Building Excise Tax Fund Account Number C4120724 Begonia Park Playground Imrpovments Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: Rinancial Approval: Administ ive Services Director '0�, Administrative proval: City Manager City Council Approval: City Clerk Amount Debit Credit $28,821.54 ` ' Automatic $28,821.54 --2-a,- Date Date Date E CJ CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 11:00 on the 11m day of January, 2005, at which time such bids shall be opened and read for BEGONIA PARK PLAYGROUND IMPROVEMENTS Title of Project Contract No. 3641 $58,000.00 Engineer's Estimate . Badum s Director BIDDER'S LIST AVAILABLE ON CITY WEBSITE: httD://www.city.newDort- beach.ca.us/pbwbidlist/default.asp Click: Online Services — Public Works Bid List Prospective bidders mak dbtain one set of bid documents for $10.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project. "A" For further information, call Stephen J. Luy, Project Manager at (949) 644 -3330 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BEGONIA PARK PLAYGROUND IMPROVEMENTS CONTRACT NO. 3641 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 LABORAND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 z 9 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BEGONIA PARK PLAYGROUND IMPROVEMENTS CONTRACT NO. 3641 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL Cash, certified check or cashiers 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. 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. 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. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. in the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). Please note, The Davis -Bacon Wage determinations are available at Federal Wage website: www.aoo.00v /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 at 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. cP250-92 L j , 3 . Contractor's License No. & Classification gcrY zc qs r Py(, `c PS Sycc. Bidder ,� J I L (YCSi(XPiI i Authorized Signature/Title I l ii Ic�.S Date CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BEGONIA PARK PLAYGROUND IMPROVEMENTS CONTRACT NO. 3641 DESIGNATION OF SUBCONTRACTOR(Sl State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work % of Number Total Bid Name: vrl - aygYeuvt sgsur C,r7 5 _ 11 �wy (;yaw�c d�WSta112ld,.- Address: 2255 G -Sfeer4 56/ Scfli / egc, V1c� 1 (1 Phone: 6l7 -, 32-g/iq State License Number. gl e q, uq Name: Cal Ud; e (C1r7S rUC iOYIJY'CU P Address: I V 2-J ( jC PtY�y 9CCt # 2(!5- �rU e, e� g262 8 10 - u il- /L, Phone: 7 141- 3yYe -15f .� /6- State License Number. 61V6C 95 " `Ll Name: Ulo j,ctAScajOl-v 'l' 2C Address: j $ I S'L P-uSt�,cY SE, 21- ?,1- 2, k -,m4y 23-- Phone: 17/0 - 96 S - of (5 State License Number: 90617,2, Jynl,eoa's- I'C / srrl / ?FS LIC- Bidder prized Signa ureTtleorized Signa • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BEGONIA PARK PLAYGROUND IMPROVEMENTS CONTRACT NO. 3641 DESIGNATION OF SUBCONTRACTORS State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work % of Number Total Bid Name: fi>k-ab fG�EllG Address: fj, i3 o K 2 -7q Or4s-r;vuiL- / Co y265� Phone:`CIL(q)_ 55j — 0363 State License Number. Name: Address: Phone: State License Number. Name: Address: Phone: State License Number: Ho ZEwS eCr SErv,C--? Va, Bidder orized 51§nature[Title • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BEGONIA PARK PLAYGROUND IMPROVEMENTS CONTRACT NO. 3641 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formlll Please print or type. Bidders Name J�oyrZ;�7 a _S PP r _�Prl /«,S TnC . 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 (,,,nSt(ar h� aJ17 ,1��i I1 f7i Z j' i -) n . Approximate Construction Dates: From C2 f 2c03 To:_ ekY 2ocgq Agency Name ,4-oac'� t7 eGtC- k (A i �6f d bClh ezr) tU k �; I r; CT Contact Person a i Telephone (564 qq 7-15 Original Contract Amount $_Final Contract Amount $ 2 ri 2 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. • • No.2 non� jd Project Name /Number �1 as �17 it i t? s C' oy i Project Descriptioni� Approximate Construction Dates: From :Zoo j To: "B+rA,5� c>c, 3 Agency Name Contact Person Tb e i Telephone (561 g7e7�� -165 Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name /Number Project Description %kU'C Approximate Construction Dates: From 2c�c7n To: 2� o Agency Name i PJ GL S jL, Contact Person s ��! t� e Telephone (� 61:1 - -155-3 Original Contract Amount $ Final Contract Amount $ Z -,c-3 k 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. d U • • No. 4 Project Name /Number Project Description park kc nr c Z W tE Approximate Construction Dates: From 3,u n e co 4 To: 1.9 Agency Name L(,rn o) OF Lan LCLUf2 v01 i Y1 C9 Contact Person 14ro P ('(Lrmrrn .r4S Telephone(�t) �x -5Z2� Original Contract Amount $ '% Lb�l,� Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name /Number ecr'ent"nyl N -11reY ;rc Project Description / -APn Approximate Construction Dates: From r-titih c To: Agency Name Contact Person ;L her, to Telephone V,3 / - y2p,-i Original Contract Amount $Final Contract Amount $ 77 2 cr I o0 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 No. 4 �` (� Project Name /Number �� G1 � , ' '210 Y )q S (I N-eS� - PArk Project Description Oof Approximate Construction Dates: From - 1—ao q To: ?b u -0 U Agency Name C i _L C � 1 r1 n F. Contact Person l)r?u4 LA 9 11 A \/ JS'- 6 Telephone 641 _J:Z — e4l�� Original Contract Amount $1 . v Final Contract Amount $ 101 Qa C7c c S If final amount is different from original, please explain (change orders, extra work, etc.) C. c\ v«h 0 rrl f r--r 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 . IdO3 i a �c r i�e t percl l'O n �W A P.' Project Description ra `4( e b i V Approximate Construction Dates: From ?z.)/ /01 To: 'J 12 � 1 0 q Agency Name �,i_t`� c r� ylc cueoy✓fr'lo 4 29a nn Contact Person '.M � C LJ ('Yi AAC'cn Telephone (109 �f q 7 - � Original Contract Amount $ \2-,0j7 Final Contract Amount $ �0 7_ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 0 0 No. 6 Project Name /Number Project Description Approximate Construction Dates: From Agency Name To: Contact Person Telephone Original Contract Amount $ Final Contract Amount $_ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary.. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Bidder 10 thorized 6ignatureiTitle 0 Mr. Hatem A. Ibrahim President Background Summary • HORIZONS CCI 9E9VICE51 INC. Mr. Ibrahim is an Architectural Engineer with over 15 years of local and international experience in construction supervision, project management and controls, construction consulting and CPM scheduling. Computer literate with the latest scheduling, estimating, spreadsheet and CAD software. His project experience includes commercial buildings, residential and power plants. Also participated in the preparation of construction claims, estimates and building evaluation for Government projects. His business experience is sharpened with a Master's Degree in Construction and Facilities Management. Education - Master of Engineering Management, The George Washington University, 1997 - Bachelor of Engineering, Ain -Shams University, 1987. Professional Experience Project Manager and Co-Owner 2002 - Present Horizons CCI Services, Inc. —A General Contracting Firm in Anaheim, California Managed the overall construction process on a number of commercial projects. Work included complete buyout, submittals and project administration, managing subcontractors and in -house labor, planning and coordinating project requirements with Client needs, update and monitor schedule, cost control and project closeout. Sample Design/Build Projects: Magnolia Recreation Kitchen, City of Upland, AI -Ruda Islamic School, Hawthorne, YPA Music Studio, Aliso Viejo. Sample Construction Projects: Lindbergh Middle School, Phase IV, Long Beach, Presley Park, Irvine, Downey Wholesale Warehouse. Kessler Park, San Bernardino. Ongoing projects: City of Colton Fire Training Towers. Project Manager 2000-2002 Projective Development, Inc. —A General Contracting Firm in Long Beach, California Managed the overall construction process on a number of public projects. Work included complete buyout, submittals and project administration, managing subcontractors and in -house labor, planning and coordinating project requirements with Client needs, update and monitor schedule, cost control and project closeout. Sample Projects: California State College at Dominguez Hills, Reid High School, Washington Middle School Modernization. Consultant 1997-2000 Hill International, Inc. — Construction Management and Claims Firm in Newport Beach, California Mr. Hatem Ibrahim Pagel of 3 0 • HORIZONS eel •sav,ese. »e. Provided assistance and support; prepared and analyzed CPM schedules to support construction management programs and claims evaluations and assisted in claims presentation. Sample Projects: Universal Office Building, Beverly Hills; CE Casecnan Hydraulic Dam, Philippines; Jeddah Cornice Development Projects, Saudi Arabia; Aladdin Hotel and Casino, L.V; and Union Camp Corporation, Franklin, VA. Project Manager/ Quality Control Manager 1994 - 1997 D&MGeneral Contracting, Inc., -A General Contracting and Construction Management Firm in Rockville, Maryland. - Managed the construction for a number of projects and provided a single -point management of the Quality Control Program in accordance with the contract documents and D &M's QC plan. Responsibilities included planning and scheduling new jobs using the latest Primavera software, managing subcontractors and in -house labor, inspection of materials and equipment, review submittals and verify that work conforms to contract document, prepare daily reports and take required actions to warrant the quality of the final work, in addition to time and cost control. Sample Project: Upgrade Nuclear Medicine HVAC, Building 10, National Institutes of Health (NIH). Most current project: Hall of Geology, Gems and Minerals which houses the "Hope Diamond" in the Natural History Museum, Washington, DC. This project was opened to the public in September 1997. - Provide assistance to the senior project estimator in the bidding phase for several government projects. Project examples: Cell Processing Lab, NIH and Exhibit construction in National Air and Space Museum, "Smithsonian Institution" including reviewing plans and specifications, acquiring subcontract quotes, analyzing bids, preparation of reports and assistance in the determination of the bid price. International Experience Architect/ Engineer 1992 -1994 DEAAM Engineering Consultant Office — Design and Construction Supervision Firm in Jeddah, Saudi Arabia. - Prepared the working drawings for Prince Faisal Ibn Sultan's shopping center, Jeddah using AutoCAD 12. Estimated cost ($40 Million). - Designed, prepared working drawings, and managed construction of several residential and commercial buildings. Project example: Dr. Bakhsh Hospital extension. Superintendent Engineer 1989 - 1992 El-Maadi Development & Construction Co. — a design and Supervision Office in Cairo, Egypt. - Prepared schedule for ($I1 Million) residential complex in EL- Maadi, Greater Cairo, resulting in the acceptance of the schedule by the owner. - PM Oversight and supervision of a 25- building complex including quantity surveying, invoices and claims. Reviewed contract specifications and took off quantities. Assisted in submittal preparations and management. Followed up on procurements, installations of architectural and MEP major items. Mr. Hatem Ibrahim Page 2 of 3 0 CJ HORIZONS cct •envccse, INC. Technical Office Engineer 1987 -1989 Philippa Fochi, S.P.A. - Italian Civil Contracting Firm - Power Plant Construction in Alexandria, Egypt Mr. Hatem Ibrahim Page 3 of 3 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BEGONIA PARK PLAYGROUND IMPROVEMENTS State of California ss. County of CONTRACT NO. 3641 NON - COLLUSION AFFIDAVIT K ' IJ.p in being first d ly swom, deposes and says that he or she is Of l- M!Y,j 07--,� cz�4g ,, 4h the party making the foregoing bid; tfiat-thb that-t bid is not made in the interest of, or no— ehalf 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. iiOY�%YIS (t?1 �e ✓criCPS Inc. Bidder A�fAoiined Signq(urbfrjtTe 2005 Subscribed and swom to before me this O v'x day of .l LIULCk -N 2984. [SEAL] Notary Public My Commission Expires: NOU 2nd Z-605 SUCI NElfB CpnNnWbn ♦ 1524211 delay ft "C • Ca11a00 Ojai ron. Nov 2.2 County My Ca 11 • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BEGONIA PARK PLAYGROUND IMPROVEMENTS CONTRACT NO. 3641 DESIGNATION OF SURETIES Bidders name Hoy, zo h S CC; I -S E't^eia rS T rn c 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): .%"1CAI 1 Sor-eu t11 knrlem - s seep zo,t 2a i ✓ensl'dc , C14 925o grJI - 7OW-05egI T�n X151- `Iep -e6q �x �%' ✓Py rasavelrire V 1&255 C /-1 0,;,, a ,., /. P/ c/— 12 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BEGONIA PARK PLAYGROUND IMPROVEMENTS CONTRACT NO. 3641 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name 9,-(, rFSr y1c Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record . Record Year of for for for for for Record 2003 2002 2001 2000 1999 Total 2004 No. of contracts Total dollar Amount of 252 Contracts (in )�ioa Thousands of $ No. of fatalities No. of lost Workday Cases z;b No. of lost workday cases involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 0 Legal Business Name of Bidder ky,-XoO S FC. i %(rr ;'re-5, To r. Business Address: 2 11vo. CrescenT"gv , StrL rinhP m,C,4 g28oi Business Tel. No.: 7 iy - State Contractor's License No. and Classification: ?25 c2 2 A R (j Title OqrfL)0A r r2 N . The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners/joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. w W1 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BEGONIA PARK PLAYGROUND IMPROVEMENTS CONTRACT NO. 3641 ACKNOWLEDGEMENT OF ADDENDA Bidders name [K rI'Zo✓l5 cc S'tYll BPS In C. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Si ature WA 15 i 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BEGONIA PARK PLAYGROUND IMPROVEMENTS CONTRACT NO. 3641 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: 0 or i Zon S (C T ScrU; C5, TY/C Business Address: 1 1 1 W ((csrto I tll t'. -Ste 4 6 A yaAei r1 s 14 Mao Telephone and Fax Number: -1 I _ CJ t`'J - 6 c� —(I �- 5 6 3 - 0',)c '.JG California State Contractor's License No. and Class: Z Z5 C 2 2 (REQUIRED AT TIME OF AWARD) Original Date Issued: -25 -0 3 Expiration Date: c{ -36 - 05 List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Miew ib, 'PrSinl r2ot Qhw.uncrntA"R ArAn ,a?&, 1►4 -41� 4323 �i�1CA V1 Kcfirc6 ✓Airi silent 2inw.tre5cFnfiAo-r , AnL. el2�y.`12f= ; -({2�� Corporation organized under the laws of the State of Cn I ITn if 10 i' EA 16 0 0 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for lab r, compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.) ?Yes /N Are any claims or actions unresolved or outstanding? Yes / No 17 0 0 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. (Print name of Owner or President of C rporation /Company) hor zalas — Bidder Authorized S natuneTtl Title �IgIow Date Subscribed and swom to before me this day of 6 :A_U0.�i 20". [SEAL] >Ir> is 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BEGONIA PARK PLAYGROUND IMPROVEMENTS CONTRACT NO. 3641 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT (10%) OF THE TOTAL BID AMOUNT ----------------------- ---- -- Dollars ($ ----------- - - - - -- ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BEGONIA PARK PLAYGROUND IMPROVEMENTS, Contract No. 3641 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 forni(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,. A is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 11TH day of JANUARY, 2POS s OrdK HORIZONS CCI SERVICES, INC. .. IV C9- Name of Contractor (Principal) uthoriz Signaturaftle THE EXPLORER INSURANCE COMPANY BY: Name of Surety A e Signature 10255 VISTA DEL CAPTIAN LAKESIDE, CA 92040 -2520 JULIA 8. LEONARD, ATTORNEY IN FACT Address of Surety Print Name and Title 619 - 261 -9330 Telephone (Notary acknowledgment of Principal & Surety must be attached) nw /IES6 CCIMiY�bn 1 1824214 r+�r nwc - cahomia Nhcomm�Eapr«r�iw2, 44 'k3Ca7�'��lv}�Y�� I'_' CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of RIVERSIDE On JAN 11 2005 before me, S.L. KYSETH, NOTARY PUBLIC Name and Title of Officer (e.9., "Jane Doe. Notary Public ") personally appeared JULIA B. LEONARD, ATTORNEY IN FACT Name(s) of Signer(s) ® personally known to me -OR- ❑ proved to OM� S.L. KYSETH COMM. #1528013 NOTARYPUBLIC- CALIFORNIA N RIVERSIDE COUNTY Comm. Ex Tres Nov .19, 2008 me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ---------------------------------------- OPTI ONAL--------- --------------- --- -- -- ---- - - --- Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer ❑ Titles(s): ❑ Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Partner - ❑ Limited ❑ ❑ Attorney -in -Fact ❑ Attorney -in -Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator . ❑ Guardian or Conservator ❑ Other: Top of Thumb here ❑ Other: Signer Is Representing: Signer Is Representing: BD -1133 09/00 General Top of Thumb here _ No. 0002916 IC W GROB P Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty, and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casually and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies "), do hereby appoint KENNETH A. COATS, :MARK N. GLADDING AND JULIA B. LEONARD their true and lawful Attomey(s) -in -Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001. soxrnwraT /% tt38U A - emu- x— o' ^`r COMPANY �jc�conroiurra ^i u�wvo R yM1�I $EAL1n ,�' b,' -L^a�� -'t1� THE EXPLORER INSURANCE C MPANY INDEPENDENCE CASUALTY AND SURETY of wan�,.00 \W,snr (zoo p; COMPANY Jolm H. Craig, Assistant Secretary John L. Hannum, Executive Vice President State of Califomia } County of San Diego Ss. On December 5, 2003, before me, Mary Cobb, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be the persons whose names are subscribed to the within instnment, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. MARY COBB i COMM. #1321341 H �s N07ARf PUBUC-GALifORNIA 0 SAN DIEGO COUNTY i V My Commission Expires SEPTEMBER 20.2605 Witness my hand and official seal. Mary Cobb, Notary Public RESOLUTIONS This Power of Attorney is granted and is sued, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Bonds of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s) -in -Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may he facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may he affixed by stamping, printing, typing, or photocopying." CERTiFICA'rE 1, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and elect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, 1 have set my hand this 11TH dayof.,- _..JANUARY 2005 John 11. Craig, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1- x00 -X77 -1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named indi vidual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130 -2045 or call (858) 350 -2400. Best's Rating Center - Compa Information for Explorer Insuranc Company Rating Center Rating Methodoh Search Bests Re Financial Strengt Issuer Credit Debt Announcements Vier Ratings: F'mnc'aI $Us.,Lli seer CiNWAa secedt'ea Advanced search Explorer Insurance Company a —1 of lVNgtpypl A.M.estit Gi NAICIli FEIN a: 0427Wta Address: P.O. Be. 85563 San Diego, CA 92186 -5563 Phone: 858 - 350 -2400 Fax: 858- 350 -2616 Web :w cwgrpup.com Reports and News Visit our NewsRoom for the latest news and Press releases for this company and its A.M. Best Group. Page 1 of 1 otlrer web comers: sold nF. Best s Company Report - Includes Rest's Financial Strength Rating and rationale along with comprehensive analytical commentary, detaib key financial data t' Repo" Revision Date: 04 /27/2004 (represents the latest significant change). _ Best's Executive Summary Reports (Financial Overview) -available In three versions, these presentation style reports feature balance s key financial performance tests including profitability, liquidity, and reserve analysis. . ....i Data BMWs: 2004 Best's Statement File - P /C, US. Contains data compiled as of 9130/2004 (Quality (moss Checked), s Sinle_Company -five years of financial data specifically on this company. 6 Comparison - side -by -side financial analysis of this company with a peer group of up to five other companies you select. 6 Comte- evaluate this company's financials against a peer group composite. Report displays both the average and total composite group. BesPS Key Rat gGmde Presentbon Report - includes Best's Financial Strength Rating and financial data as provided in Best's Key Re Data Status: 2003 Financial Data (Quality Cross Checked). Financial and Analytical Products Best's Property /Casualtv_ Center - Premium Data & Reports (Financial Data Best's Key Rat 3Guide PrpoertylCasualty Best's Statement File- Propeny!Casualty Bests insurance Report„Pmp rty I Casually Bests State Line Property / Casuai Customer Service I Product Support I Member Center I Contact In I Cared, About AN, Best I Site Me I Privacy Policy I Sew I Terms of Use I Legal 8 Licensing Copyright ® 2005 A.M. Best Company, Inc. All right reserved. A.M. Best W arcs de Headquarters, Ambest Road Oldwick. New Jersey, 08858. U.B.A. http: / /www3.ambest.com /ratings /FullProfile. asp ?BI= O&AMB= 2852&AItSrc= l&AI... 01/11/2005 Best's Ratings Related Products y Industry $r Regional Financial strength Ratings View oef ntons Rating: A. (Excellent) Obtain a Rating inancial Size Category: Ix ($250 million to $500 million) g Outlook: Stable Action: Affirmed Best's Secun-t .Icon y Effective Date: April 21, 2004 Phone: 858 - 350 -2400 Fax: 858- 350 -2616 Web :w cwgrpup.com Reports and News Visit our NewsRoom for the latest news and Press releases for this company and its A.M. Best Group. Page 1 of 1 otlrer web comers: sold nF. Best s Company Report - Includes Rest's Financial Strength Rating and rationale along with comprehensive analytical commentary, detaib key financial data t' Repo" Revision Date: 04 /27/2004 (represents the latest significant change). _ Best's Executive Summary Reports (Financial Overview) -available In three versions, these presentation style reports feature balance s key financial performance tests including profitability, liquidity, and reserve analysis. . ....i Data BMWs: 2004 Best's Statement File - P /C, US. Contains data compiled as of 9130/2004 (Quality (moss Checked), s Sinle_Company -five years of financial data specifically on this company. 6 Comparison - side -by -side financial analysis of this company with a peer group of up to five other companies you select. 6 Comte- evaluate this company's financials against a peer group composite. Report displays both the average and total composite group. BesPS Key Rat gGmde Presentbon Report - includes Best's Financial Strength Rating and financial data as provided in Best's Key Re Data Status: 2003 Financial Data (Quality Cross Checked). Financial and Analytical Products Best's Property /Casualtv_ Center - Premium Data & Reports (Financial Data Best's Key Rat 3Guide PrpoertylCasualty Best's Statement File- Propeny!Casualty Bests insurance Report„Pmp rty I Casually Bests State Line Property / Casuai Customer Service I Product Support I Member Center I Contact In I Cared, About AN, Best I Site Me I Privacy Policy I Sew I Terms of Use I Legal 8 Licensing Copyright ® 2005 A.M. Best Company, Inc. All right reserved. A.M. Best W arcs de Headquarters, Ambest Road Oldwick. New Jersey, 08858. U.B.A. http: / /www3.ambest.com /ratings /FullProfile. asp ?BI= O&AMB= 2852&AItSrc= l&AI... 01/11/2005 License Detail 0 Page 1 of 2 License Detail CALIFORNIA CONTRACTORS STATE LICEN Contractor License # 825022 DISCLAIMER A license status check provides information taken from the CSLB license data base. Before on this information, you should be aware of the following limitations: • CSLB complaint disclosure is restricted by law (B &R 7124.6). If this entity is subject tc complaint disclosure, a link for complaint disclosure will appear below. Click on the lin button to obtain complaint and /or legal action information. • Per BB &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: 01111/2005 * * * Business Information * * * HORIZONS C C I SERVICES INC 2111 W CRESCENT AVENUE SUITE G ANAHEIM, CA 92801 Business Phone Number: (714) 563 -1600 Entity: Corporation Issue Date: 0912512003 Expire Date: 09/30/2005 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications * * * Class Description 0 GENERAL ENGINEERING CONTRACTOR © GENERAL BUILDING.CONTRACTOR C -4 BOILER HOT WATER HEATING AND STEAM FITTING. * * * Bonding Information * * * http: / /www2.cslb.ca.gov /CSLB_LIBRARY /License +Detail.asp 01/11/2005 License Detail • • Page 2 of 2 CONTRACTOR'S BOND: This license filed Contractor's Bond number 25310587 in the ar $10,000 with the bonding company WESTERN S URETY COMPANY. Effective Date: 01101/2004 Contracto_r..'s.Bondi nn -Hi.stM BOND OF QUALIFYING INDIVIDUAL(1): This license filed Bond of Qualifying Individual I 25310588 for RICHARD DEAN WILLIAMS in the amount of $7,500 with the bonding cor WESTERN SURETY COMPANY. Effective Date: 09/15/2003 BOND OF QUALIFYING INDIVIDUAL(2): The Responsible Managing Officer (RMO) KIP KOTRASH certified that he /she owns 10 percent or more of the voting stock/equity of corporation. A bond of qualifying individual is not required. Effective Date: 09/25/2003 * * * Workers Compensation Information * * * This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number: 1749495 Effective Date: 08/29/2003 Expire Date: 08/29/2005 Personnel listed on this license (current or disassociated) are listed on other licei Personnel List Other Licenses Li.cense_.Number Request Contractor Name Request Personnel Name Request Salesperson Request Salesperson Name Request If you have difficulty accessing any material on this site because of a disability, please contact us in writing or via telephone and we will work w information available. You can direct your request to: Peggy Cox. 9821 Business Park Drive, Sacramento, CA 94827 (916) 255 -4014. © 2004 State of California. Conditions of Use Privacy Pofcy http: / /www2.cslb.ca.gov /CSLB_LIBRARY /License +Detail.asp 01/11/2005 0 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BEGONIA PARK PLAYGROUND IMPROVEMENTS CONTRACT NO. 3641 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. iB: • i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BEGONIA PARK PLAYGROUND IMPROVEMENTS CONTRACT NO. 3641 CONTRACT THIS AGREEMENT, entered into this day of , 2005, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Horizons CCI Services, Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: BEGONIA PARK PLAYGROUND IMPROVEMENTS Project Description 3641 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. 3641, 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. Kill 0 0 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Seventy-four Thousand, One Hundred Forty-seven and 45/100 Dollars ($74,147.45). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Stephen J. Luy (949) 644 -3330 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: CONTRACTOR Horizons CCI Services, Inc. 2111 W. Crescent Avenue, Suite G Anaheim, CA 92801 714 - 563 -1600 714 - 563 -1530 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 0 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. PX • 0 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 23 0 0 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 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 E 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. APP R AS TO FORM: CITY ATTORNEY 25 CITY OF NEWPORT BEACH A 2, HORRIZON CCI SERVICES, INC. thorize, ignat a and itle Explorer Insurance Company P me ,of l[W fool, AMpeA M: 0ee52 ono ..'use FS.n,sublen11e Address'. P.D. Box 85563 Phone: 85 8-350 -2400 San Diego, CA 92196 -5553 Fax e5 &350 -2616 Web wwwicvmicon cam T W GID= 8406168usltrwln= OFaltsrc =0 ERRInUntspaga ana!br mow+.: +iaa Iwe,nwopµs plEf m.Me tl Y Heir 4 ergeane w`1q ptleYMeez. ecY'r'- RaifngM .:.. �"id aL_t k..T ..._..._ .9...ea+,.:.�, Formndal Strength Ratings View Definitions Rating: A- (Excelled) Q Financial Sae Category' IX (5250 million to $50D million) Outlook: Stable Action: Informed EIRChr a Date: April 21, Mull eP.cFts- a[Idtgews F �.: �;:x+ ..._ —._.. m.m� . ,� ... .._ ..... ze >w- _�,. e...... -.. Got our Neve Room far the latest news and mect releases forthis company and its AN. Best Group. Best's Coma Re ort- includes Rest's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data. '_ -- Relfort ReXienan Date: 048112004 (represents the latest significant Change). t = -. Bast's Execul SUnmmy Reparts( Financial nYeniew(- available in three versions, these presentation style reports feature balance sheet, income statement Fey financial performance tests including profitability, liquidity, and reserve analysis. Data States: 2004 Best's Statement File - PIC. US, Contains Cut. compiled as off 2CM004 (Quality Cross Checked). a Simple Combine m- Frye years offmancial data specifically, on this company a Comparison- side -0µside financial analysis ofthe comoarywith a peer group of up to fne Other Lompanle5 you ..$.of. a Composite evaluate this companys LOancials against a peer group composite. Report displays both the average and total Composite of your selected peer group. ZBear'. K Bat' Quids Presentation Revlon - includes Best's Financial Strength Rating and financial LVdata m as provided in Rest's Key Rating Guide products, Data States: 2003 Financial Data (Quality Cross Checked). SENT BY: HP LASERJET 3150; ACORD CERTIFICA United Agencies, Inc. /Premier Class License 0252636 5435 Balboa Blvd. #102 Encino, CA 91316 NSUREO Horizons CCI Services, Inc. 2111 W. Crescent Avenue Suite G Anaheim, CA 92801 8187886141; FEB -22 -05 5:49PM; LIABILITY INSURAN ONLY AND CONFERS NO RIGHTS HOLDER. THIS CERTIFICATE DOC ALTER THE COVERAGE AFFORDE INSURERS AFFORDING COVERAGE INSURERA. Landmark American In PAGE 2 DATE (MM)EDn'YM 02/22/2005 Ur INFORMATION CERTIFICATE °ND, EXTEND OR POLICIES BELOW. NAIC # Co. LARY HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT 70 WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH OLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Nb TYPE OF INSURANCE POLICY NUMBER MTE MMmDM/ DATE NAPA) LIMITS A X GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR LHA127657 02/18/2005 02/18/2006 EACHOCCURRENCE f 1.0-00,00-0- PREMISE A CWan. f 100 MEO EXP (Any ma parson) S 51000 PERSONAL BADVINJURY f 1 000 00 X Ded: S s,000 GENERALAGGRECATE S 2 000 00 GEN'L AGGREGATE LIMIT APPLIES PER: 7OLICY PRp� X P JEGI F7 LOC PRODUCTS - COMPIOP AGG f 2.000.000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS YpQQ IN SU (COMBINED sJ COI'INGLE LIMIT f SCHEDULED AUTOS HIRED AUTOS BODILY INJURY F& P..) S NON -OM NEO AUTOS D TE __ T °e Y 1,%J ,RY f PROPERTY DAMAGE JP-, AM. Mnl) S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S ANY AUTO OTHER THAN EA ACC f AUTO ONLY: AGG 5 EXCESSRIMBRELLA LIABILITY EACH OCCURRENCE 5 OCCUR ❑ CLAIMS MADE AGGREGATE S S DEDUCTIBLE S RCTCNTION f S YIORKERE COMPENSATION AND EMPLOYERS' LIABILITY TOkYUMITS ER E.L. EACH ACCIDENT f ANY PROPRIETORIPARTNE IEXECUTIVE OFFICERIMEMBER EXCLUDED? II Tae. Eex+lDp under SPECIAL PROVISIONS EelPr E.L. DISEASE - EA EMPLOYE 5 E.L. UISFASE - POLICY LAA17 S OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VERICLES I EXCLUSIONS ADDED BY ENDORSEMENTI SPECIAL PROVISIONS III: Contract No: 3641 - Name Of Contract: Begonia Park Playground Improvement Iewport,CA the City, its officers, officials, employee and volunteers are additional insured as per Ilanket Form CC2010 1185 with Primary and Non - contributory with the insurance provided herunder. ;See atatched Descriptions) City of Newport Beach, Its officers, agents, officials, employees and volunteers Public Works Department 3300 Newport Beach P.O. Box 1768 Newport Beach, CA 92658 I ACORD2612001 /08) FAX: (949)644 -33 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TIIE EXPIRATION DATE THEREOF, TIE ISSUING INSURER WILL ENDEAVOR TO MAIL *31) DAYS "ITTER NOTICE TO THE CERTIFICATE HOLOER NAMEB TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMP SE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. RyADENTSN/ R REPRESENTATIVES, J.P. Gatusla CORPORATION 1988 SENT BY: HP LASERJET 3150; 8187886141; FEB -22 -05 5:50PM; PAGE 5/6 This Endorsement Changes The Policy. Please Read It Carefully. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: Any Person or Organization As Required Sy Written Contract The following is added to SECTION IV — CONDITIONS, 8. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHER TO US: We waive any right of recovery we may have against the person or organization shown in the SCHF„OULE above because of payment we make for injury or damage arising out of "your product' or 'your work" done under a written contract with that person or organization and included in the "product- completed operations hazard ". This waiver applies only to the person or organization shown in the SCHEDULE above. INSURANCE APPRO D E This endorsement effective 2 /18 / 0.5 forms part of Policy Number LHA1 27657 rssuedto HORIZONS CCI SERVICES, INC. by Landmark American Insurance 4l R 002 1= na0tsement No.: RSG 14048 69M' Includes copyrtghted material of Insurance Services Office, Inc. 1992 with its permission. SENT BY: HP LASER.IET 3150; 8187886141; FER -22 -05 5:501310; PAGE 6/6 �J IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not Confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. (20DI I08) SENT BY: HP LASER.IET 3150; 8187886141; FEB -22 -05 5:49PM; PAGE 4/6 i I Th/s Endorsement Changes The Po1W.. Ploeae Read It Carefully. ADDITIONAL INSURED BLANKET - PRIMARY - This endorsement modifies Insurance provided under Me following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of person or Organization: * 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) SECTION 11 - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the SCHEDULE, but only with respect to liability arising out of "your worie' 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 SECTION tV — COMMERCIAL GENERAL. LIABILITY CONDITIONS, 4. Otfier Insurance does not apply, but only with respect to coverage provided by this polity. * *City of Newport Beach, Its officers, agents, officals, employees, and volunteers Public Works Department 3300 Newport Beach P.O. Box 1768 Newport Reach, CA 92658 -8915 RE: Begonia Park Playground Improvement - Contract No. 3641 r NSU D 3AK-s DA,*-- �RISKWNACGEIC This endorsement effective 2/ 18 / 0 5 forms part of Policy Number LHA127657 Issuedto HORIZONS CCI SERVICES, INC. Landmark American Ins. Co. EndorsementNo.: 001 RSG 15001 D903 Includes copyrighted material of Insurance Services Office, Inc. 1984 (CG 20101187 with its permission SENT BY: HP LASERJET 3150; 8187886141; FEB -22 -05 5:49PM; PAGE 3 City of Newport Beach, Its officers, agents, Certificate issued to City of Newport Beach, Its officers, agents, United Aaencies. Tnc. /Peamiar rna« 02/22/2005 Primary Wording is included per the attached. Waiver of subrogarion is included as per attached. "10 Day Notice. of Cancellation for Non - Payment of Premium oz /2z /ioos 1C RD. CERTIFICATE OF LIABILITY ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH INSURANCE 1 iiialioos'r PROD1°EIc,f.NAHEIM INSURANCE SERVI .0 - 1769 W. LA PALMA AVE THIS CERTIFICATE SUED AS A MATTER OF INFORMATION ONLY AND CONE NO RIGHTS UPON THE CERTIFICATE HOLDER —THIS CERTIFICATE DOES NOT AMEND, EXTEND OR :" DATE MIWDDIYY THE�COVERAGE AFFORDED BY THE POUCIES BELOW. INSURERS AFFORDING COVERAGE ANAHEIM CA 92801, ' (714) 491-3010 INSURED 1 lNSURERA: PROGRESSNE INSURANCE CO. IN*RERD' FIRE DAMAGE (Any one fim) HATEM A. IBRAHIM HORIZONS CCI SERVICES, INC. � 2111 W. CRESCENT AVE SUITE G T INSURER E: $ ANAHEIM I CA 92801 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY E DATE M DATE MIWDDIYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ FIRE DAMAGE (Any one fim) $ COMMERCIAL GENERAL LIABILITY MED EXP (Any ona person) $ CLAIMS MADE r—] OCCUR PERSONAL S AOV INJURY $ GENERAL AGGREGATE $ GEHL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP)OP ADO $ POLICY jECT LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMB (Eeemldent) $ 1,000,000 BODILY INJURY (Per parson) $ A ALL OWNED AUTOS SCHEDULED AUTOS 08299144-0 9/8/2004 91812005 HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Peraccideny S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EAACC $ ANY AUTO S AUTO ONLY: AGG EXCESS LIABILITY EAGH OCCURRENCE $ OCCUR CLAIMS MADE � AGGREGATE $ INS DEDUCPBLE 2 i $ S RETENTION $ C� WORKERS COMPENSATION AND PATE we srnTU- °TH' TORY UMRS ER EMPLOYERS' LIABILITY E.L EACH ACCIDENT S E.L. DISEASE - EA EMPLOYE S E.L. DISEASE - POLICY LIMIT s OTHER DESCRIPTION OF OPERATK )NSflACATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT)SPECULL PROW SIONS CERTIFICATE HOLDER(S) ARE NAMED ADDITIONAL INSURED(S) AS PER ATTACHED ENDORSEMENT AND WITH RESPECT TO WORK PERFORMED BEGONIA PARK PLAYGROUND IMPROVEMENTS CITY OF NEWPORT BEACH, CA. CONTRACT NO. 3641 1. ADDITIONAL INSUREDS: THE CITY, ITS OFFICERS, OFFICIALS, EMPLOYEES, AND VOLUNTEERS. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 330 NEWPORT BOULEVARD NEWPORT BEACH ACORD 25S (7197) LM: LPW 10.9.8 on 124105 -15:21 by UserName SHOULDANYOFTHEABOVE DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO CBUGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATI E5. AUTX DREP ESEN IVE CA 92658 o ACORD CORPORATION 1888 LP: LPW 10.9.8 on 124105 -15:72 by UseMema PF 10.0.1 0 • 6028 G Z ADDITIONAL INSURED This endorsement is a part of your policy. Except for the changes in states, all other terms of the policy remain the same and apply to this endorsement. It is effective at the same time as your policy if issued with it. If issued at a later time the name, policy and effective date must be shown. Issued by PROGRESSIVE INSURANCE COMPANY of Highland Heights, Ohio by the company's name on the policy of which this endorsement a part. Named Insured PROGRESSIVE INSURANCE COMPANY Policy number: 08299144 -0 Countersi ned JA ARY_ 27. f Effective date 09/08/04 - 09/08/05 by \_ ' ^r. , 1 -. 12:01 A.b1 Standard Time It is agreed that Liability- Coverage A of your policy is extended to the party named on the declarations page as an Additional Insured. The Additional Insured is subject in the provisions of the policy granting coverage to an insured other than you. The Additional Insured: 1. has the same right of recovery under this policy as before; 2. is not liable for any premium or any expense under this policy, 3. is not a member of the Proggresive Insurance Company of Highland Heights, Ohio. This policy will not be changed or terminated as to the interest of the Additional Insured unless we give such insured notice. The number of days we will give is ten unless another number is shown on the declarations page. ADDITIONAL INSURED: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA. 92663 President ADDITIONAL INSUREDS: THE CITY, ITS OFFICERS, OFFICIAL, EMPLOYEES, AND VOLUNTEERS POLOHOLDER COPY STATE P.O. PDX 420807, SAN FRANCISCO, CA 94142 -0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 01- 204:1005 GROUP: FOLICY NUMBER: 1749495 -2004 CERTIFICATE ID: 22 i CERTIFICATE EXPIRES: 08 -29 -2005 08 -29- 2004/08 -29 -2005 CITY OF NEWPORT BEACH PUBLIC WORKS DSP TNHNT 3300 NEWPORT BLVD NEWPORT BEACH CAi92663 JOB: #411 3612 BWL This Is to certify that we h a issued a valid Workers Compensation insurance policy in a form approved by the California Insurance Commissioner tithe employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 drills advance notice should this policy be cancelled prior to its normal expiration. This certificate of insuranc# Is not an insurance policy and does not amend, extend or after the coverage afforded by the policy listed herein. Notwit standing any requirement, term or condition of any co.Ttract or other document with respect to which this a ate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. YAM- XUTHORLZED REPRESENTATIVE j PRESIDENT i EMPLOYER'S LIABI�ITY LIMIT INCLUDING DEFENSE COSTS: :91,000,000 PER OCCURRENCE. ENDORSEMENT #001 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 01 -20 -2005 IS ATTACHED TO AND ORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF NEWPORT EACH ENDORSEMENT #1600 - XINAN XOTRASH, PRESIDENT SECRETARY - EXCLUDED. ENDORSEMENT ENDORSEMENT #20 ATTACHED TO AND ENDORSEMENT #25 ATTACHED TO AND CITY OF NEWPORT EMPLOYER HORIZONS C C I S 2111 W CRESCENT ANAHEIM CA 92801 - EATEN IBRAHIM, PRES. - EXCLUDED. ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 08 -29 -2004 IS RMS A PART OF THIS POLICY. ENTITLED WAIVER OF SUBROGATION EFFECTIVE 01 -20 -2005 IS EMS A PART OF THIS POLICY. THIRD PARTY NAME: CBS, INC STE G i i DB E SCIF 10262E ept fts pe teo rt PAINTE�'O1-21L2W6 Aix M you xe a i&nt w &elms% t�ah roWS'OFFICIAL STA "'.E FUND DOCUMENT' PAGE f OF 1 n 28 05 12:48p Fax #: 'j 111"1 fGII ��' CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Z L-S -S(o3 t Gs� Date Received: T Dept. /Contact Received From: Date Completed: j— " Sent to: i By: '! L✓ Company /Person required to have certificate: i -� r ; ✓I f ' %i� J �L, L � Ps,� i l,• r .r %� I. GENERAL LIABILITY A. INSURANCE COMPANY: r: "1 `j(`. %rl B. AM BEST RATING (A: VII or greater): C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? gYes nNO F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? /❑ Yes ❑ No PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ❑ Yes Z No 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; B. AM BEST RATING (A: VII or greater): C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ;❑ Yes ❑ No D. LIMITS (Must be $1M min. BI & PO and $500,000 UM): What is limits provided? E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Yes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: _ B. AM BEST RATING (A: VII or greater): C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? r fr Yes /❑ ❑ No NAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes 6�No IF NO, WHICH ITEMS NEED_ TO BE COMPLETED? % (_ ' ! InWi ;. . ` . .:..il, b 22 05 08:51a P.1 Fax #: �Y�I— (c.Ll�1- CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. ,, Date Received: L -OS Dept. /Contact Received From: �tCWI Date Completed: Sent to: By: (a yi j ;Q I IGC Company /Person required to have certificate: Y i7 >Y) iyd C C-1- ri: S I. GENERAL LIABILITY A. INSURANCE COMPANY: L CZ \ J ry-1 c 6L� B. AM BEST RATING (A: VI I or greater): C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? M" I µc / m, 1 GCC E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? RYes ftNo F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? kr Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? Yes ❑ 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 tY 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 -U 1- A. INSURANCE COMPANY: _ B. AM BEST RATING (A: VII or greater): C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ❑ Yes D. LIMITS (Must be $11A min. BI & PD and $500,000 UM): What is limits provided? E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ❑ Yes F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? ❑ Yes 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 rt A. INSURANCE COMPANY: B. AM BEST RATING (A: VII or greater): C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO. WHICH ITEMS NEED TO BE COMPLETED? ❑ No ❑ No ❑ No ❑ Yes ❑ No Yes ❑ No I 9 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL PLAYGROUND IMPROVEMENTS - BEGONIA PARK CONTRACT NO. 3641 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3641 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization @ Dollars and o� Cents $ -750) Per Lump Sum 2. Lump Sum Clearing and Grubbing @ Dollars and g e� 3 , t 0 Cents $ Per Lump Sum 3. Lump Sum Temporary Chain Link Fence @ Dollars and t 30Q c2 Cents $ Per Lump Sum 0 . • PR2011`5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Remove and Dispose of Existing Play Equipment @ Dollars and �Ios, �o Cents $ Per Lump Sum 5. Lump Sum Install City Provided Play Equipment @ Dollars and I t l o 0 c,o Cents $ Per Lump Sum 6. 60 C.Y. Site Grading @ Dollars and 2 ci 27Z-. y o Cents $ $ Per Cubic Yard 7. 60 L.F. 4 -Inch Dia. PVC Surface Drain Pipe @ Dollars and SCI.(,, co Cents $ $ Per Lineal Foot 8. 1,090 S.F. 4 -Inch Thick Concrete Sidewalk and Bench Area @ Dollars and Cents $ $ 466-1,10 Per Square Foot 9. 250 L.F. Rubber Curb @ Dollars and Cents $ $ 2y �o , 00 Per Lineal Feet • • PR3of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 2 Each Collector Drains @ Dollars and Cents $ $ Per Each 11. 120 L.F. Pea Gravel Collector Drains @ Dollars and CI Cents $ $ Per Lineal Foot 12. 2,170 S.F. Filter Cloth @ Dollars and (a2� Vo Cents $ $ Per Square Foot 13. 1,065 S.F. Playground Rubber Chip Material (4" Loose) @ Dollars and �f X 4 Cents $ $ Per Square Foot 14. 250 S.F. Playground Rubber Chip Material (6" Loose) @ Dollars and Cents $ $ Per Square Foot 15. 740 S.F. Playground Rubber Chip ADA Access (6" Poly) @ Dollars and 6 VI 2 TO Cents $ $ Per Square Foot i x • • PR4of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 1 Each Relocate Concrete Bench @ Dollars and Cents $ $ o. Per Each 17. 2,800 S.F. Soil Preparation and Fine Grading @ Dollars and Cents Per Square Foot 18. 1 Each Drain Installation in Junction Structure @ Dollars and Cents Per Each 19. 1,180 S.F. Plant Sod @ Dollars and Per Square Foot $ $ tIU�;' �a $ 1 qr)• to 20. 70 Each 1- Gallon Plants @ Dollars and 6 Cents $ $ Per Each 21. 650 S.F. Mulch @ Dollars and S10,17. Cents $ $ Per Square Foot r 0 PR5of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. Lump Sum Irrigation System Modification Dollars and Cents $ I)5 7 k S _ Per Lump Sum 23. Lump Sum Plant Establishment and Maintenance Period Dollars and Cents $ 1 7' S Per Lump Sum 24. Lump Sum Survey Dollars and Cents $ Per Lump Sum TOTAL PRICE IN WRITTEN WORDS and y—' Cents Date Biter's Telephone and Fax Numbers Q� $ 2S-- o 22 A ( N U►C Bidder's License No(s) and Classification(s) `l Lt 1417 , ors Total Price (Figures) tip . xA-1P M Bidder I X02 ! 20th S CC., ) E>ev, i Esc✓\ Bidder's Authorized SignaTitle Bidder's Address �y, ,ti ; _ / c+ 0iJ %o Last saved by srooksl2 /08/2004 9:34 AM f:lusmr pbwA shared \contracsVnasterslPLAYGROUND IMPROVEMENTS - BEOMIA PARK.doc PUBLIC WORKS DEPARTMENT 1 1 1 1 1 2 2 2 2 2 2 3 3 3 3 51 K] 3 3 4 4 INDEX FOR SPECIAL PROVISIONS BEGONIA PARK PLAYGROUND IMPROVEMENTS CONTRACT NO. 3641 INTRODUCTION PART 1--- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -5 PLANS AND SPECIFICATIONS 2 -5.3 Shop Drawings and Submittals 2 -5.3.2 Shop Drawings 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 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 6 -7.4 Working Hours 1 1 1 1 1 2 2 2 2 2 2 3 3 3 3 51 K] 3 3 4 4 • • 6 -9 LIQUIDATED DAMAGES 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -2 LABOR 5 7 -2.1 General 5 7 -7 COOPERATION AND COLLATERAL WORK 5 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 5 7 -8.6.1 Best Management Practices and Monitoring Program 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 5 7 -10.1 Traffic and Access 5 7 -10.2 Storage of Equipment and Materials in Public Streets 6 7 -10.4 Safety 6 7- 10.4.1 Safety Orders 6 7 -10.5 "No Parking" Signs 6 7 -10.7 Notices to Residents 6 7 -15 CONTRACTOR LICENSES 7 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 7 SECTION 9 MEASUREMENT AND PAYMENT 7 9 -3 PAYMENT 7 9 -3.1 General 7 9 -3.2 Partial and Final Payment 10 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 10 201 -1 PORTLAND CEMENT CONCRETE 10 201 -1.1.2 Concrete Specified by Class 10 201 -3 EXPANSION JOINT FILLER AND JOINT SEALANTS 10 201 -3.1 General 10 SECTION 203 BITUMINOUS MATERIALS 10 203 -11 RUBBERIZED PLAYGROUND SURFACES 10 203 -11.1 General 10 SECTION 212 LANDSCAPE AND IRRIGATION MATERIALS 11 0 0 212 -1 LANDSCAPE MATRIALS 11 212 -1.4 Plants 11 212 -1.4.1 General 11 212 -2 IRRIGATION SYSTEM MATERIALS 11 212 -2.1 Pipe and Fittings 11 212 -2.1.3 General 11 212 -2.4 Sprinkler Equipment 11 PART 3--- CONSTRUCTION METHODS SECTION 300 EARTHWORK 11 300 -1 CLEARING AND GRUBBING 11 300 -1.3 Removal and Disposal of Materials 11 300 -1.3.1 General 11 300 -1.3.2 Requirements 11 300 -1.5 Solid Waste Diversion 12 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 12 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 12 303 -5.1 Requirements 12 303 -5.1.1 General 12 303 -5.4 Joints 12 303 -5.4.1 General 12 303 -5.5 Finishing 12 303 -5.5.1 General 12 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 12 308 -1 GENERAL 13 308 -2 EARTHWORK AND TOPSOIL PLACEMENT 13 308 -2.3 Topsoil Preparation and Conditioning 13 308 -2.3.2 Fertilizing and conditioning Procedure 13 308 -4 PLANTING 13 308 -4.1 General 13 308 -4.2 Protection and Storage 14 308 -6 MAINTENANCE AND PLANT ESTABLISHMENT 14 308 -8 GEOTEXTILES FOR DRAINAGE 14 308 -8.1 Trench Drains 14 0 • SP 1 OF 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS BEGONIA PARK PLAYGROUND IMPROVEMENTS CONTRACT NO. 3641 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- 5193 -S); (3) the City's (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 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -5 PLANS AND SPECIFICAITIONS 2 -5.3 Shop Drawings and Submittals 2 -5.3.2 Shop Drawings. Add to this section: "The Contractor shall provide shop drawings for each component and park bench. Shop drawings shall indicate layouts, component locations, dimensions, set - backs, details of assembly, anchors, footing details and all appurtenances required to assemble components. Three sets of shop drawings shall be submitted to the Engineer within twenty -one calendar days of award of contract. The Contractor shall provide data on all site furniture, equipment and materials, including accessories, utility characteristics, connection requirements and product cut - sheets. The Contractor shall provide three sets of the manufacturer's installation instructions to the Engineer within twenty -one calendar days of award of the contract." 2 -6 WORK TO BE DONE. Add to this section, "The work necessary for the completion of this contract consists of providing survey, removing and disposing of existing improvements, grading, installing drains, constructing PCC sidewalk, playground rubber • • SP2OF14 surface material, installing City furnished playground equipment, modifying irrigation system, installing sod, landscaping and constructing other incidental items of work." 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. 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. • SP3OF14 SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. 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 the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet his /her original schedule and has demonstrated that he /she will be able to maintain his /her approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his /her 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.' • • SP4OF14 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 4'h, the first Monday in September (Labor Day), November 11'h (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24'h, (Christmas Eve — half day), December 25'h (Christmas), and December 31 s' (New Year's Eve — half day). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 3:30 P.M. Monday through Friday. The Contractor, his /her 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 3:30 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 $6050.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to the public as a result of construction operations." C� • SP5OF14 SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -2 LABOR 7 -2.1 General. Add to this section: 'The Contractor shall have experience or hire an experienced sub - contractor to install the playground equipment. The Contractor shall submit his own references or references for the sub- contractor's previous work involving the installation of playground equipment to the Engineer for approval. The Contractor will pick up and deliver the playground equipment from the vendor's warehouse in Orange California and coordinate the installation of the playground equipment with the installation of the rubberized playground surface." 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: 'The Contractor shall protect all existing non - affected City irrigation facilities in place." 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use 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 or Newport Harbor." 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 -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. In addition the Contractor shall fence off the entire work area with a 6 -foot high temporary chain link fence during the construction." 0 • SP6OF14 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. Prior to move -in, the Contractor shall take photos of the storage area. The Contractor shall restore the storage area to its pre- construction condition. The Engineer may require new construction if the pavement condition has been compromised during construction." 7 -10.4 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 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING' signs) which he shall post at least forty -eight hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division at (949) 644 -3717, for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to the adjacent residents, within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of any construction, the Contractor shall distribute to the adjacent residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. 0 • SP7OF14 The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built' drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and submitted to the Engineer at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide "As- Built' corrections upon a copy of the Plans. The "As- Built" 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 Mobilization: Work under this item shall include all preparation and scheduling of materials and equipment, distribution of notices, posting and required signage and all other work necessary to complete the contract work complete and in place. Also included is the preparation of a Best Management Practice proposal to mitigate any potential migration of deleterious materials into any drainage system. Item No. 2 Clearing and Grubbing: Work under this item shall include clearing and grubbing, removing all natural, man -made and objectionable materials from the site within the construction limits and all other work items as required to complete the work • • SP8OF14 in place. Work under this item shall also include pruning roots of any adjacent trees that interfere with the construction and all work necessary to root prune trees complete and in place. Item No. 3 Temporary Chain Link Fence: Work under this item shall include providing and installing a temporary chain link fence around the construction site to secure the construction site from access by unauthorized individuals from the beginning of construction until 30 days after placement of sod and all other work items as required to complete the work in place. Item No. 4 Remove and Dispose of Existing Playground Equipment: Work under this item shall include removing and disposing of the existing playground equipment at both play areas in the park and all other work items as required to complete the work in place. Item No. 5 Install Playground Equipment: Work under this item shall include delivering and installing City provided playground equipment per manufacture's instructions including concrete footings and all other work items as required to complete the work in place. Item No. 6 Site Grading: Work under this item shall include all site grading and export of material, and all other work as required to complete the work in place. Item No. 7 4 -Inch PVC Surface Drain Pipe: Work under this item shall include excavating, disposal of excess material, installing 4 -inch diameter PVC storm drain and earthen drains with filter cloth lining and gravel backfill in each rubberized play area and other work as required to complete the work in place. Item No. 8 4 -Inch Thick Concrete Sidewalk and Bench Area: Work under this item shall include excavating, disposal of excess material, constructing 4 -inch thick P.C.C. slab with 10 gauge 6" X 6 "" welded wire fabric for sidewalk and bench area, sawcutting control joints, installing expansion joints and all other work items as required to complete the work in place. Item No. 9 Rubber Curb: Work under this item shall include excavating, disposal of excess materials, compaction furnishing and installing Rubber Curb, and all other work items as required to complete the work in place. Item No. 10 Collector Drains: Work under this item shall include constructing collector drains, including excavation, disposal of excess materials, installation of gravel, filter fabric and all other work items as required to complete the work in place. Item No. 11 Pea Gravel Collector Drains: Work under this item shall include constructing collector drains, including excavation, disposal of excess materials, furnishing and installing pea gravel, filter fabric and all other work items as required to complete the work in place. • • SP9OF14 Item No. 12 Filter Cloth: Work under this item shall include furnishing and installing filter cloth in the play area bounded by the rubber curb and all other work items as required to complete the work in place. Item No. 13 Playground Rubber Chip Material (4" Loose): Work under this item shall include compaction, furnishing and installing playground rubber chip material loose (no binder) 4- inches thick in the play area bounded by the rubber curb and all other work items as required to complete the work in place. Item No. 14 Playground Rubber Chip Material (6" Loose): Work under this item shall include compaction, furnishing and installing playground rubber chip material loose (no binder) 6- inches thick in the play area bounded by the rubber curb and all other work items as required to complete the work in place. Item No. 15 Playground Rubber Chip ADA Access (6" Poly): Work under this item shall include, compaction, furnishing and installing playground rubber chip material with a polyurethane binder 6- inches thick in the play area, to provide ADA access, bounded by the rubber curb and all other work items as required to complete the work in place. Item No. 16 Relocate Concrete Bench: Work under this item shall include removing and relocating an existing precast concrete bench and all other work items as required to complete the work in place. Item No. 17 Soil Preparation and Fine Grading: Work under this item shall include soil preparation including soil amendments, grading of the site and all other work as required to complete the work in place in the sod and planter areas. Item No. 18 Drain Installation In Junction Structure: Work under this item shall include chipping into the side of the existing junction structure, installing the play area PVC drain, grouting the storm drain into the structure and all other work as required to complete the work in place. Item No. 19 Plant Sod: Work under this item shall include furnishing and installing sod and all other work as required to complete the work in place. Item No. 20 One - Gallon Plants: Work under this item shall include furnishing and installing one gallon plants and all other work as required to complete the work in place. Item No. 21 Mulch: Work under this item shall include furnishing and installing mulch and all other work as required to complete the work in place. Item No. 22 Irrigation System Modification: Work under this item shall include furnishing and installing all schedule 40 PVC irrigation pipes, fittings, heads, rotors and all other work necessary to modify the existing irrigation system complete and in place. Item No. 23 Plant Establishment and Maintenance Period: Work under this item shall include the maintenance of all landscaping within the project area including, but • • SP 10 OF 14 not limited to, site irrigation, weed control, erosion control, and replacement planting for a period of 30 days and all other work necessary to establish and maintain the landscaping complete and in place. Item No. 24 Survey: Work under this item shall include supplying any and all survey 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 of concrete pavement, sidewalk, and landings shall be Class 560 -C- 3250." 201 -3 EXPANSION JOINT FILLER AND JOINT SEALANTS 201 -3.1 General. Add to this section: "Caulking of expansion joints where called for on the Plans shall be done with a non - tracking, multi -part flow type, self - leveling, polyurethane sealant manufactured by Chem -Seat, Grace, 3 -H or approved equal. Color shall be medium gray or as otherwise noted on the Plans. Caulking shall be done by an experienced applicator in a workmanlike manner, in smooth straight runs, after thoroughly cleaning and priming joints. All work shall be done in strict accordance with manufacturer's printed recommendations. Traffic will not be permitted over seated joints until sealer has fully cured." SECTION 203 - -- BITUMINOUS MATERIALS 203 -11 RUBBERIZED PLAYGROUND SURFACES 203 -11.1 General. The rubberized surface shall be installed by an experienced contractor who will construct a 6 -inch thick rubber chip /polyurethane ADA accessible walkway, a 6 -inch thick loose rubber chip fall zone, 4 -inch thick loose rubber chip play area and rubber flex curb. The Contractor shall submit references for the sub- contractor's previous work involving the construction of rubber /polyurethane access, rubber play areas and rubber flex curb to the Engineer for approval. The Contractor will coordinate the installation of the playground surface and rubber flex curb with the installation of the playground equipment. The rubberized playground surface and curb shall be playground rubber chip (Grubble) and flexible rubber curb as manufactured by Tierra Verde Industries, or approved equal. Terra Verde Industries may be contacted at(949)551 -0363. • SP 11 OF 14 SECTION 212 - -- LANDSCAPE AND IRRIGATION MATERIALS 212 -1 LANDSCAPE MATERIALS 212 -1.4 Plants 212 -1.4.1 General. Add to this section: 'The Contractor shall complete the landscaping with the sod called out in the plans. Soil amendments shall be approved by the Engineer prior to placement." 212 -2 IRRIGATION SYSTEM MATERIALS 212 -2.1 Pipe and Fittings 212 -2.1.3 General. Add to this section: "All irrigation lines and fittings shall be as specified on the plans, with solvent weld socket fittings. The Contractor shall plug and pressure check the irrigation system to 175 P.S.I. for a period of one hour. Any leaks shall be repaired prior to installing landscape materials." 212 -2.4 Sprinkler Equipment. Add to this section: "All sprinkler heads shall be Toro 640 with model series." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General. Add to this section: 'The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement shall be 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." 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 • • SP 12 OF 14 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. 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: "Expansion joints and control joints shall be located in such a manner as to least impair the strength and appearance of the structure. In no case place an intersecting construction joint in such a way that two intersecting walks are separated by a construction or control joint at the point of intersection. Transition curves shall be part of a continuous pour of the intersection slab. Expansion joints shall be a maximum of twenty feet (20') apart, with control joints a maximum of ten feet (10') apart. Exceptions to this are specialty work joints which will be laid out as shown on the Plans. The Contractor shall obtain the Engineer's approval of layout showing proposed location of joints before pouring concrete." 303 -5.4 Joints 303 -5.4.1 General. Add to this section: "The Contractor shall provide control joints or make sawcuts at a minimum of 10 -foot x 10 -foot squares to minimize cracking in the playground area concrete slab. All sawcuts shall be made to a depth of 2 inches." 303 -5.5 Finishing 303 -5.5.1 General. Add to this section: "The Contractor shall hold the surface grade tolerances to within 0.02 feet of those elevations shown on the plan." SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. • 0 SP 13 OF 14 The Contractor shall arrange to meet for this work with the City's Urban Forester, Mr. John Conway at (949) 644 -3083 a minimum of five workdays prior to beginning the work. The Contractor shall describe his method of pruning and removing minor tree roots that may be encountered during construction. The Urban Forester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he shall cease work at that location and immediately contact the City's Urban Forester for inspection. Upon inspection, the Urban Forester may require the Contractor to formally submit a plan for removing the large roots to the City for review." 308 -2 EARTHWORK AND TOPSOIL PLACEMENT 308 -2.3 Topsoil Preparation and Conditioning 308 -2.3.2 Fertilizing and Conditioning Procedures. Add to this section: "Fertilizing and soil conditioning materials shall be packaged first grade, commercial quality products identified as to source, type of material, weight, and manufacturer's guaranteed analysis. Fertilizing and soil conditioning material shall not contain toxic ingredients or fillers in quantities harmful to human life, animals, or plants. The Contractor shall furnish a Certificate of Compliance stating that the material substantially meets the specifications. Exact fertilizing and conditioning materials and the required composition and quantities shall be determined by agronomic soils test. Commercial fertilizer shall be a pelletized or granular product having a chemical analysis as specified here in. Commercial fertilizer shall be free - flowing material delivered in unopened sacks. Material which becomes caked or otherwise damaged shall not be used. Fertilizer composition shall be 16 -20 -0. Organic soil amendment shall be redwood sawdust free of shavings or particles of other woods such as fir or pine, supplied in bulk and .5% nitrogen stabilized by standard techniques. An acceptable substitute would be nitrogen stabilized fir or cedar sawdust ground to 0 -1/4" particle size and 1.0% nitrogen stabilized. 308 -4 PLANTING. Add to this section: "The Contractor shall replant those areas excavated or damaged, at all construction locations, as a part of his irrigation system modifications with sod of the same type as that removed. Turf restoration shall be planted in accordance with Section 308 -4.3." 308 -4.1 General. Add to this section: "All sod material shall be subject to the inspection and acceptance of the Engineer before planting. The Engineer shall inspect the sod for size and condition of root growth, insects, injuries and defects. Sod not accepted shall be removed from the site immediately and replaced with suitable sod. The Engineer reserves the right to reject entire lots of sod represented by defective samples. Sod shall be Marathon 11 or approved equal. • • SP 14 OF 14 The Contractor shall moisten prepared surfaces immediately prior to installing plant material. The Contractor shall install plant material immediately after delivery to the site, within 24 hours after harvesting to prevent deterioration. The Contractor shall water landscaped areas immediately after installation." 308 -4.2 Protection and Storage. Replace this section with: "All sod shall be inspected by the Engineer prior to planting, including sod previously approved at the nursery. The contractor shall be responsible for the condition of all sod, planted or \otherwise until acceptance. The contractor shall regularly water and place the sod in a cool area protected from the sun and drying winds. The Contractor shall not allow sod to dry out before or while being planted. Exposed roots shall be kept moist by means of wet sawdust, pear moss or burlap at all times during planting operations. Do not expose roots to the air except while being placed in the ground. Wilted or diseased plants, weather in place or not, will not be accepted and shall be replaced at the Contractor's sole expense." 308 -6 MAINTENANCE AND PLANT ESTABLISHMENT Replace this section with: 'The maintenance period shall be a minimum of thirty (30) days after "Date of Acceptance of Installation" of all planting areas. At the acceptance of all planting areas, the Contractor shall request in writing from the Engineer notification of the date of the completion of the maintenance period. The maintenance period shall not officially begin or end without written notification from the Engineer. The Contractor shall water, weed, fertilize, mow, edge, prune, spray and apply topdressing as necessary to promote a healthy growing condition. All planted areas shall be kept free of debris and shall be weeded and cultivated at intervals not to exceed ten (10) days. The Contractor shall maintain the project in a neat and attractive manner throughout the maintenance period. The first mowing of lawn areas shall be performed when the grass is 2 ' /2- inches high and shall be repeated as often as necessary to maintain the lawn at a height of 2'/z- inches. In no case shall the lawn be cut lower than 1'/2- inches in height. The contractor shall adjust the irrigation system to sufficiently saturate root zone without rotting trees, shrubs, and ground cover. The Contractor shall fertilize with "Gro -Power Plus" at 30 Ibs.l1,000 s.f. every thirty (30) calendar days„ or as indicated by the agronomic soils test. Apply "Gro -Power Controlled Release Nitrogen" rive (5) calendar days before the end of the maintenance period, or as indicated by the agronomic soils test. The Contractor shall adhere to fertilization requirements of the soils tests (provided by the Engineer) at no additional cost." 300 -8 GEOTEXTILES FOR DRAINAGE. 300 -8.1 Trench Drains. Add to this section: "Filter fabric for all drains and play area surfaces shall be FiberFelt available from Fiber systems (800- 342 -2721) or approved equal." 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 3 January 25, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen Luy 949 - 644 -3311 sluy@cfty.newport-beach.ca.us SUBJECT: BEGONIA PARK PLAYGROUND IMPROVEMENTS -AWARD OF CONTRACT NO. 3641 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3641 to Horizons CCI Services, Inc. for the total bid price of $74,147.45, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $7,400.00 to cover the cost of unforeseen work. DISCUSSION: At 11:00 am on January 11, 2005 the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low Horizons CCI Services, Inc. $74,147.45 2 Fleming Environmental 112,938.75 3 Malibu Pacific, Inc. 145,200.00 The low bid amount is 28 percent above the engineer's estimate of $58,000.00. The costs to install playground equipment and modify the irrigation system were higher than anticipated. The low bidder, Horizons CCI Services, Inc. (Horizons), possesses a California State Contractors License Classification "A" as required by the project specifications. A check of references indicates that Horizons has satisfactorily completed similar projects for other municipalities. There was a minor irregularity in the bid submitted by Horizons in that unit prices were not entered in the proposal. Instead, only the total amount for each bid item was correctly computed. Staff contacted Horizons and confirmed the submitted bid. Horizons will send the Subject: Begonia Park PlaygroOrd Improvements — Award of Contract No. 3640 January 25, 2005 Page: 2 City a list of the unit prices it used in preparing the bid. Staff is satisfied that Horizons has prepared a satisfactory bid and recommends awarding the project to them. This project involves removing and disposing of existing improvements; grading; installing drains; constructing PCC sidewalk, playground rubber surface material, and rubber curbing; installing City - fumished playground equipment; modifying the irrigation system; installing sod and landscaping; and performing other incidental items of work. Per the Contract Specifications the Contractor will have twenty 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 15302 of the CEQA Implementing Guidelines at the time the project was authorized by the City Council. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. Public Notice: Not Applicable. Geotechnical /Survey Services: Not Applicable for this project. Funding Availability: There are sufficient funds available in the following accounts for the project: Account Description Begonia Park Playground Improvements Per Capita Grant #C2003284 Prepared by: --'Z i — Stephen Luy Associate Civil Engineer Attachments: Project Location Map Bid Summary Account Number Amount 7271- C4120724 $50,000.00 7251- C4310708 $31,547.45 Total: $81,547.45 Submitted by: S hen G. 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