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HomeMy WebLinkAboutC-3660 - Oceanfront Walkways (McFadden Square)CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkess, MMC FOR June 8, 2005 Trademark Concrete Systems, Inc. 4561 E. Eisenhower Circle Anaheim, CA 92807 Subject: Ocean Front Walkways - McFadden Square (C -3660) To Whom It May Concern: On June 8, 2004, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on July 27, 2004. The Surety for the contract is North American Specialty Insurance Company, and the bond number is 186023. Enclosed is the Faithful Performance Bond. Sincerely, ��t" mA'" LaVonne M. Harkless, MMC City Clerk cc: Public Works Department Sean Crumby, 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 OND ISSUED IN QUADRUPLICATE BOND NUMBER: 186023 PREMIUM: $1,565.00 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEANFRONT WALKWAYS - MC FADDEN SQUARE CONTRACT NO. 3660 BOND NO. 186023 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 1,565.00 being at the rate of $ 15.00 PER thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Trademark Concrete Systems, Inc., hereinafter designated as the "Principal ", a contract for construction of OCEANFRONT WALKWAYS - MC FADDEN SQUARE, Contract No. 3660 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3660 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and NORTH AMERICAN SPECIALTY 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 sum of ONE HUNDRED FOUR THOUSAND, THREE HUNDRED THIRTY -ONE AND 00 1100 DOLLARS ($104,331.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 28 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 23RD day of MARCH , 2004. Trademark Concrete Systems, Inc. (Principal) NORTH AMERICAN SPECIALTY INSURANCE COMPANY Name of Surety 701 SOUTH PARKER STREET, STE 3800 ORANGE, CA 92868 Address of Surety 714 -550 -7799 Telephone LANCE A. BOYER, PRESIDENT D.J. PICARD, ATTORNEY- IN-FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 CALIFORNIA State of CALIFORNIA County of ORANGE On MARCH 23, 2004 before me, CYNTHIA S. WOZNEY, NOTARY PUBLIC DATE NAME. TITLE OF OFFCER -F a. 'JANE DOE, NOTARY PUBLIC personally appeared LANCE A. BOYER NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(a) isles subscribed to the within instrument and ac- knowledged to me that he /sluiAlwy executed the same in his /luW iK authorized capacity(7t #, and that by his /kEmNlieir MD 4� °GsII ��'fiornle signature(s) on the instrument the person(s), or the entity upon behalf of which the 't ^° person(a) acted, executed the instrument. WITNESS my hand and official seal. r Though the data below is not required by law, It may prove valuable to persons reyhg on the document and could prevent fraudulent reattachment of this torn. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL Xl CORPORATE OFFICER PRESIDENT TmE(s) ❑ PARTNER(S) ❑ LIMRED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARD"CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR DMTY(IES) TRADEMARK CONCRETE SYSTEMS, INC. DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND TITLE OR TYPE OF DOCUMENT TWO NUMBER OF PAGES MARCH 23, 2004 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL - PURPOSE State of CALIFORNIA County of ORANGE On MARCH 23, 2004 before me, CYNTHIA S. WOZNEY, NOTARY PUBLIC DATE NAME. THE DF OFn ER- E.G.. *JANE DOE. NOTARY PUBLIC' personally appeared D.J. PICARD NAME(S) OF SO4MS) © personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(m) ishflitle subscribed to the within instrument and ac- knowledged to me that he /slxr executed the same in hisx authorized capacity(kn), and that by his/hBmftMft { —m '- = signature(s) on the instrument the person(Q, c�s4 41tk s. W05M cetArr.xsam nt or the entity upon behalf of which the 4a0RANGECDUNTY persons) acted, executed the instrument. � my comet Exp. June 25, W WITNESS my hand and official seal. Ttmgh the data below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattactunent of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 0 ATTOFINEY414-FACT ❑ TRUSTEE(S) ❑ GUARDUINICONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: NNAEOF PER.ON(s)Oft B1r WFA NORTH AMERICAN SPECIALTY INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT PERFORMANCE BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES MARCH 23, 2004 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE NASSURETY.GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under the laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: D. J. PICARD, TODD M. ROHM, SEJAL P. LANGE CATHY S. KENNEDY, BEATA A. SENSI arrd CYNTHIA S. WOZNEY jointly or severally its true and lawful Attomey(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of TEN MILLION ($10,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24'h of March, 2000: "RESOLVED, that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company, bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney, and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached. uxmu'rrrJr l ..... BY Pawl o.Amanr;P.miamrs ewes.a.u.e omar nrw,aunsron mrmvaebnm tnwwna Company Z t=- a {XIRPORAlE g? 193L a.o vaeme.t.rnnnsAmawaspa n r.wn acnmgny SEAL Q o, NAMpsa�c..,. �t o_ $ \.AElioaa Igpr' 1• \O`er, :.. By Hplllllllln\ \ \\ . Sleet P. AM CanPaay6 aaealla Vice Prmiacmofwashinpen Inver " "•{,,,,*,,:,sorC ComdImunnm Vice Pnaiaeui of NenY Amnriran aPalatty lnwnnce Company imP IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 6 day of February 20 03 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County ofDupage ss: 6 day of February 2 0 03 before me, a Notary Public, personally appeared Paul D. Amstutz , President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and Steven P. Anderson Executive Vice President of Washington International Insurance Company & Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney as officers of, and acknowledged said instrument to be the voluntary act and deed of, their respective companies. Se?4rw.mwa>a.a..r. Yasmin A. Patel, Notary Public L James A. Carpenter , Vice President & Assistant Secretary of Washington International Insurance Company and the Assistant Secretary of North American Speciality Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by the companies, which is stilt in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 23RDday of MARCH 12004 . Jamn A. Grponmr,Vlce PmiLem L Assistam acurcla ,g Washlnoon Imemniional lmonnee Compavy a: AssUSant S 1.11 V Nmth Aam . Sp WvV losus.me Cnwpany POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE ENDORSEMENT Coverage for acts of terrorism as defined in § 102(1) of the Terrorism Risk insurance Act of 2002 ( "the Act ") is already included in this surety bond. You should know that, effective November 26, 2002, under your existing coverage, any losses caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The portion of your annual premium that is attributable to coverage for acts of terrorism is As your insurance /surety company we are sending you this notice to comply with the Terrorism Risk Insurance Act of 2002. For questions regarding this notice please visit our website www.nassurety.com or you may call our office at 630- 227- 4825. REV: 2103 agent notice • 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkiess, CMC July 27, 2004 Trademark Concrete Systems, Inc. 4561 E. Eisenhower Circle Anaheim, CA 92807 Subject: Ocean Front Walkways - McFadden Square (C -3660) To Whom It May Concern: On June 8, 2004, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on June 22, 2004, Reference No. 2004000564458. The Surety for the contract is North American Specialty Insurance Company, and the bond number is 186023. Enclosed is the Labor & Materials Payment Bond. Sincerely, yy� L.aVonne M. Harkless, CMC City Clerk cc: Public Works Department Sean Crumby, P.E. encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644-3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us • • SSUED IN QUADRUPLICATE BOND NUMBER: 186023 PREMIUM CHARGED 15 INCLUDED IN THE CITY OF NEWPORT BEACH PERFORMANCE BOND PUBLIC WORKS DEPARTMENT OCEANFRONT WALKWAYS - MC FADDEN SQUARE CONTRACT NO. 3660 BOND NO. 186023 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Trademark Concrete Systems, Inc., hereinafter designated as the "Principal," a contract for construction of OCEANFRONT WALKWAYS - MC FADDEN SQUARE, Contract No. 3660 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. 3660 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, NORTH AMERICAN SPECIALTY 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 ONE HUNDRED FOUR THOUSAND, THREE HUNDRED THIRTY -ONE AND 00 /100 DOLLARS ($104,331.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 26 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give aright of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 23RD day of MARCH 2004. Trademark Concrete Systems, Inc. (Principal) NORTH AMERICAN SPECIALTY INSURANCE COMPANY Name of Surety 701 SOUTH PARKER STREET, STE 3800 ORANGE. CA 92868 Address of Surety 714 -550 -7799 Telephone Authorized Signatur /Title LANCE A. BOYER, PRESIDENT Authorized Agent tignature D.J. PICARD, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 AC7R@lVYY6.CIJIXe r_nI State of CALIFORNIA County of ORANGE On MARCH 23, 2004 before me, CYNTHIA S. WOZNEY, NOTARY PUBLIC DATE NAME, TMEOF OFFICER •E.G.,'JANE DOE, NOTARY %le= personally appeared LANCE A. BOYER NAM(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(m) isAaW subscribed to the within instrument and ac- knowledged to me that he /SUWtWy executed the same in his /ttiX authorized CT°4THhAS wazviE4 Ora .rt obaas capaclty(Un4, and that by his /hjm1 u& signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ® CORPORATE OFFICER PRESIDENT TnLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY- IN-FACT ❑ TRUSTEE(S) ❑ GUARD"CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENmvOM TRADEMARK CONCRETE SYSTEMS, INC. DESCRIPTION OF ATTACHED DOCUMENT PAYMENT BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES MARCH 23, 2004 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 0 State of CALIFORNIA County of ORANGE On MARCH 23, 2004 before me, CYNTHIA S. WOZNEY, NOTARY PUBLIC DATE NAME. TnLE OF OFFICER - E.G.,'JANE DoE, NOTARY PUBLIC personally appeared D.J. PICARD EIGNUM ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istam subscribed to the within instrument and ac- knowledged to me that he /siey executed the same in his&%idJhaJi:R authorized capacity(fos), and that by his /bmYtkxtlr signature(s) on the instrument the personO, ' CYNTtdsAS'3=59F or the entit upon behalf of which the COe�Pt. x zgs Y P Notary Public CatlPoertia Y person%) acted, executed the instrument. ORANGECOUNIy - I {By Comm. Ex June 25, 2006 WITNESS my hand and official seal. SIGNATUfE OF IOTA OPTIONAL Though the data below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENUNKS) NORTH AMERICAN SPECIALTY INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT PAYMENT BOND TITLE OR TYPE OF )DOCUMENT NUMBER OF PAGES MARCH 23, 2004 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 0 0 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under the laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: D. J. PICARD, TODD M. ROHM, SEJAL P. LANGE CATHY S. KENNEDY. BEATA A- SENSI amd CYNTHIA S. WOZNEY jointly or severally its true and lawful Attomey(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of: TEN MILLION ($10,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24'^ of March, 2000: 'RESOLVED, that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company, bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney, and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bood, undertaking or contract of surety to which it is attached. IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 6 day of February 20 03 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of DuPage ss: 6 day of Febntary 20 03 ,before me, a Notary Public, personally appeared Paul D. Amstutz , President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and Steven P. Anderson Executive Vice President of Washington International Insurance Company & Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of, and acknowledged said instrument to be the voluntary act and deed of, their respective companies. »iari,uvri Yasmin A. Patel, Notary Public I, James A. Carpenter , Vice President & Assistant Secretary of Washington International insurance Company and the Assistant Secretary of North American Speciality Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 23RDday of MARCH 2004 Jamm A. Carpet tSe Prcairynt NanAiAmmsun'Saperyculiryinsuno C Comaliooal Insorane, Company & pany q�Pl10Nq"�y., s By �^ PoI D. AmaI.n,PrtaMrnt& Chief ra.nay.OR,m.fW.saa,elw lntnnauoull.nnarc Company& -=ICORPOPATE Vn Praai .r Nonh Aaa .. SpuunY lmn.m company =zs° SEAL: J. 4 BY 5ievn P. A..mlro K. l.W l . sCany& Vlce Fmaal oNonb Ameakn 5niat, I m..a Co.,., IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 6 day of February 20 03 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of DuPage ss: 6 day of Febntary 20 03 ,before me, a Notary Public, personally appeared Paul D. Amstutz , President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and Steven P. Anderson Executive Vice President of Washington International Insurance Company & Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of, and acknowledged said instrument to be the voluntary act and deed of, their respective companies. »iari,uvri Yasmin A. Patel, Notary Public I, James A. Carpenter , Vice President & Assistant Secretary of Washington International insurance Company and the Assistant Secretary of North American Speciality Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 23RDday of MARCH 2004 Jamm A. Carpet tSe Prcairynt NanAiAmmsun'Saperyculiryinsuno C Comaliooal Insorane, Company & pany NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Trademark Concrete Systems, Inc., of Anaheim, California, as Contractor, entered into a Contract on March 23, 2004. Said Contract set forth certain improvements, as follows: Ocean Front Walkways — McFadden Square (C -3660) Work on said Contract was completed on May 21, 2004, and was found to be acceptable on June 8, 2004, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is North American Specialty Insurance Company. VERIFICATION dVorks Director Newport Beach I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledae. Exec M at Newport Beach, California. Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder WHENRRE ORDEED RETURN TOND ! Illill llllllll lllllilQIIIIIIIIIIIIIIIIINNIIIIIIIIRIIIIIIRIIIIIIIIIIINO FEE City Cldrk =`- -1 i ? MOO' Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 2004000564458 01:47pm 06122104 213 110 N12 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" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Trademark Concrete Systems, Inc., of Anaheim, California, as Contractor, entered into a Contract on March 23, 2004. Said Contract set forth certain improvements, as follows: Ocean Front Walkways — McFadden Square (C -3660) Work on said Contract was completed on May 21, 2004, and was found to be acceptable on June 8, 2004, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is North American Specialty Insurance Company. VERIFICATION dVorks Director Newport Beach I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledae. Exec M at Newport Beach, California. CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC June 9, 2004 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion Oceanfront Walkways — McFadden Square (C -3660) Please record the enclosed document and return to the City Clerk's Office. Thank you. Sincerely, 146&41j- m - "z, LaVonne M. Harkless, CIVIC City Clerk Enclosure 3300 Newport Boulevard - Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NOTICE OF COMPLETION • 6103" NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Trademark Concrete Systems, Inc., of Anaheim, California, as Contractor, entered into a Contract on March 23, 2004. Said Contract set forth certain improvements, as follows: Ocean Front Walkways — McFadden Square (C -3660) Work on said Contract was completed on May 21, 2004, and was found to be acceptable on June 8. 2004, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is North American Specialty Insurance Company. VERIFICATION Wdrks Director Newport Beach I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Exec rl , at Newport Beach, California. C -'W ( ;V4 //00 � CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 15 June 8, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department R.Gunther, P.E. 949- 644 -3311 rgunther@city.newport-beach.ca.us SUBJECT OCEAN FRONT WALKWAYS — MCFADDEN S AND ACCEPTANCE OF CONTRACT NO. 3660 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. JUN u 8 2004 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On March 23, 2004, the City Council authorized the award of Oceanfront Walkways - McFadden Square contract to Trademark Concrete Systems, Inc. The contract provided the removal of the majority of the tiled areas within the McFadden Plaza. These tiled areas were replaced with stamped concrete that matched the current tiles in color and texture. 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: $104,331.00 Actual amount of bid items constructed: 109,166.73 Total amount of change orders: 0.00 Final contract cost: $109,166.73 SUBJECT: Ocean Front Walkadden Square - Completion and Acceptance No. 3660 June 8, 2004 Page 2 The increase in the amount of actual bid items constructed over the original bid amount resulted from the need for additional 359 square feet of removal of tiles and construction of stamped concrete. The final overall construction cost was 4.64 percent over the original bid amount. No Change Orders were issued for the project. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This exemption covers the maintenance of existing public facilities, involving negligible expansion of the facilities in areas that are not environmentally sensitive. This project involved removing and replacing selected failed areas of tiled sidewalk. Funding Availability: Funds for the project were expended from the following account: Account Description Account Number Amount Balboa Peninsula Beach Walkway 7295 C5100570 $109,166.73 All work was completed by the scheduled completion date of May 21, 2004. Prepared by: Submitted by: ✓:- �� �� R. un er, P.E. Step G dum Construction Engineer P Ic �j! rks Director 0 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT C _3eb� Agenda Item No. 15 March 23, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY FROM: Public Works Department MAR 2 3 2004 Sean Crumby, P.E. 949 -644 -3311 AP `, scrumby@city.newport-beach.Ga.us SUBJECT: OCEANFRONT WALKWAYS (MCFADDEN SQUARE) - AWARD OF CONTRACT NO. 3660 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3660 to Trademark Concrete Systems, Inc. for the Total Bid Price of $104,331, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $10,000.00 to cover the cost of unforeseen work. DISCUSSION: At 2:00 P.M. on March 10, 2004 the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low Trademark Concrete Systems, Inc. $104,331.00 2 Sullivan Concrete Textures, Inc. $114,472.00 3 Shaw and Sons, Inc. $238,235.00 The low total bid amount is 20 percent below the Engineer's Estimate of $130,000.00. This difference was due to concrete prices being lower than in the past. The low bidder, Trademark Concrete Systems, Inc. possesses a California State Contractors License Classification "C -8" as required by the project specifications. A check of the Contractors references indicates they have satisfactorily completed similar projects for other municipalities. Subject: Oceanfront Walkways (McFadden Square) —Award of Contract No. 3660 March 23, 2004 Page: 2 This project provides for the removal of the tiled areas within the McFadden Plaza. These tiled areas are to be replaced with stamped concrete that will match the current tiles in color and texture. Per the Contract Specifications the Contractor will have 30 consecutive working days to complete the work. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This exemption covers the maintenance of existing public facilities, involving negligible expansion of the facilities in areas that are not environmentally sensitive. This project involves removing and replacing selected failed areas of tiled sidewalk. Funding Availability: There are sufficient funds available in the following account for the project: Account Description Balboa Peninsula Beach Walkway Prepared by: Sean Crumby, P.E. Associate Civil Engin er Attachments: Project Location Map Bid Summary Account Number Amount 7295 C5100570 $114,331.00 Submitted by: in G. Badum Works Director E 9 0 «- 0 Ll 0 §� «� 2� k§ IL §§ z2 0 j oD (N ) ® o 61 ;I, k k% ±()! wo `§/ \\k) 0) 0 ) k k | LAW I CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 until 2:00 p.m. on the 10th day of March 2004, at which time such bids shall be opened and read for OCEANFRONT WALKWAYS - MC FADDEN SQUARE Title of Project Contract No. 3660 $130,000 Engineer's Estimate ien G. Badum Works Director Prospective bidders m* obtain one set of bid documents for $20 at the office of the Poric Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 General "A" Contractor License required for this project For further information, call Sean Crumby. Project Engineer at (949) 644 -3315 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEANFRONT WALKWAYS - MC FADDEN SQUARE CONTRACT NO. 3660 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND ............................................................................... ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ......................................................... .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL..13 ACKNOWLEDGEMENT OF ADDENDA ........................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER .............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL.................................................... ............................... ............................PRA SPECIAL PROVISIONS ................................................................. ...........................SP -1 E CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEANFRONT WALKWAYS - MC FADDEN SQUARE CONTRACT NO. 3660 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The • • 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.qr)o.gov/davisbacon 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. >>_5 344 - B, C -8, HIC Contractor's License No. & Classification TPADFMARK CONCRETE SYSTEMS, INC.. Bidder #�K /425Xr 7' GENERAL MANAGER Authorized Signat /Title 0 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEANFRONT WALKWAYS - MC FADDEN SQUARE CONTRACT N0.3660 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF THE TOTAL AMOUNT BID-- - Dollars ($ 10% - -- ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of OCEANFRONT WALKWAYS - MC FADDEN SQUARE, Contract No. 3660 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of `Notification of Award', otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 3RD day of MARCH TRADEMARK CONCRETE SYSTEMS, INC. Name of Contractor (Principal) NORTH AMERICAN SPECIALTY INSURANCE COMPANY Name of Surety 701 SOUTH PARKER STREET, STE 3800 ORANGE, CA 92868 Address of Surety 714 -550 -7799 Telephone 2004. D.J. PICARD, ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) xnxss jaif°r2 Rating Category Superior): Assigned to companies that have, in our opinion, a superior ability to meet their ongoing obligations to policyholders. 200.1W+ . Important Notice: Best's Ratings reflect our opinion based on a comprehensive quantitative and qualitative evaluation of Accessing Me a coma s balance sheet strength, operating p g warranty pages on P rlY 9t , P 9 Performance and business profile. These ratings are not a warren of an ambest.com insurer's current or future ability to meet its contractual obligations. View our entire notice for a complete details. constitutes the user's agreementto Companies interested in placing a Best's Security Icon on their web site to promote their financial strength may register our terms of online. use; information collected Na this Web site is protected try our Copyright C 2004 by A.M. Best Company, Inc. ALL RIGHTS RESERVED ^� No part of this information may be distributed in any electronic forth or by any means, or stored In a database or retrieval system, without the prior written permission statement of the AM. Best Company. Refer to our lens of use for additional details. Comments or concerns CALIFORNI State of CALIFORNIA County of ORANGE AUMMU w ILnvaeacn . On 3 -3 -2004 before me, CYNTHIA S. WOZNEY, NOTARY PUBLIC DATE NME, TITLE OF OFFlCER • EQ,'JIWE DOE. NOTARY PUBLIC' personally appeared LANCE A. BOYER NAMEtS) OF 81OPWAM 2 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isx subscribed to the within instrument and ac- knowledged to me that he/sI%W8VW executed the same in his/hOlIVIUK authorized capacity(tes4, and that by his /fir CYNTHIA S. Yt0 "l.NEY signature(g) on the instrument the person(s), S �' COMM.1136Y259 m P (s), w • NotaryPuMkCalitornia w or the entity upon behalf of which the ORANGE COUNTY My Comm.Exp.June25 2008 person($) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF ear OPTIONAL Though the data below Is not roored by law, R may prove valuable to persons retying on the domwnt and could prevent fraudulent reatlaichw d of this torm ■ CAPACITY CLAIMED BY SIGNER PRESIDENT TmEM ❑ PARTNER(S) ❑ UMITED ❑ GENERAL ❑ ATTORNEY -{N -FACT ❑ TRUSTEE(s) ❑ GUARDIA vcoNSERVATOR ❑ OTHER SIGNER IS REPRESENTING: NMAE OF PERSONS) OR BIRWO 7 TRADEMARK CONCRETE SYSTEMS, INC. DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR TYPE OF DOCUMENT ONE NUMBER OF PAGES MARCH 3, 2004 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA State of CALIFORNIA County of ORANGE On 3 -3 -2004 DATE before me, CYNTHIA S. WOZNEY, NOTARY PUBLIC NWE.TmE OF OMM- Ea.'JANE WE. NOTARY PUMJC � personally appeared D.J. PICARD NA &JS) OF Sx3NERt3) © personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/sw subscribed to the within instrument and ac- knowledged to me that he /sbaftny executed the same in hisix authorized capacity(ins), and that by his/bemiffludx CYNTHIA S. WOZHEY signature(s) on the instrument the person(s), COMM.#1362M or the entity upon behalf of which the N ; Notary Public- CalHomia i person(o acted, executed the instrument. W ORANGE COUNTY My Comm. Exp. June 25,20M WITNESS my hand and official seal. sxxuTUREOFNOrAR OPTIONAL Though the data below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GmERAL 191 ATTORNEY -IN -FACT ❑ TRUSTEE(s) ❑ GUARDIANK`MSERVATOR ❑ OTHER: SIGNER IS REPRESENTING— NAM OF PEMSONM OR EM TY(EM NORTH AMERICAN SPECIALTY INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES MARCH 3, 2004 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED A13OVE 0 0 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under the laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: D. J. PICARD, TODD M. ROHM, SEJAL P. LANGE CATHY S. KENNEDY, BEATA A. SENSI amd CYNTHIA S. WOZNEY jointly or severally its true and lawful Attomey(s) -in -Fact, to make, execute, seat and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of: TEN MILLION ($10,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24" of March, 2000: "RESOLVED, that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company, bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney, and to attach therein the seal of the Company,, and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached. By P,vl D. A mtZ rrn1tl 1& CYief Lxmudve omnr ofwaZinrim Ink uZo Ivsm cmp, & vim rreefder of N.hAA/jme(.SSp7 hit luueeuC p, By Seve, F. AMe Ereeenve Vke Preadeaf or WmbilWov l,lere,am,l beumme Cm y & Vke Pr.,Wevt er NenY Amend, Sptl ty l... C. ,, IN WITNESS WHEREOF; North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 6 day of February 2003 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of DuPage ss: 6 day of February 20 03 , before me, a Notary Public, personally appeared Paul D. Amstutz , President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and Steven P. Anderson Executive Vice President of Washington International Insurance Company & Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly swum, acknowledged that they signed the above Power of Attorney m officers of, and acknowledged said instrument to be the voluntary act and deed of, their respective companies. dPGIt 11YL '� Q • ��'�� Yoa+reapou..o. !.mni+.oeasa� Yasmin A. Patel, Notary Public 1, James A. Carpenter , Vice President & Assistant Secretary of Washington International Insurance Company and the Assistant Secretary of North American Speciality Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by the companies, which is still in full force and effect. M WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 3RD day of MARCH 2004' nf Jams A. Car AnstI we Peeeideur &A 21 Smree,ryef,wmhhrron rmematla,i Id,r„n eomd,y& Assisr,m Sm.mry of N,rn Adak„ Spdbkty bsermee Cemp,ry POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE ENDORSEMENT Coverage for acts of terrorism as defined in § 102(1) of the Terrorism Risk Insurance Act of 2002 ( "the Act") is already included in this surety bond. You should know that, effective November 26, 2002, under your existing coverage, any losses caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The portion of your annual premium that is attributable to coverage for acts of terrorism is $0. As your insurance /surety company we are sending you this notice to comply with the Terrorism Risk Insurance Act of 2002. For questions regarding this notice please visit our website www.nassurety.com or you may call our office at 630- 227- 4825. REV: 2/03 agent notice 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEANFRONT WALKWAYS - MC FADDEN SQUARE CONTRACT NO. 3660 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: TIGHT QUARTERS, INC. SAW CUTTING & DEYDLITION Address: 2031 S. ANNE STREET p3 SANTA ANA_ CA 92704 / �� 25% Phone: 714.557.7901 State License Number:584915 Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: TRAEXVARK CONCRETE SYSTEMS, ]NC Bidder /�_GX MANAGER J* aturerritle CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEANFRONT WALKWAYS - MC FADDEN SQUARE CONTRACT NO. 3660 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name TRADEMARK CONCRErE SYSTEMS, INC. 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 SANTA BARBARA CLUB Project Description ARCHITECTURAL COW= PAVING Approximate Construction Dates: From Agency Name To: 12,12000 Contact Person GIDRGE REBER SR. Telephone (818) a -14 _ i nnn Original Contract Amount $ Final Contract Amount $ 1.312,537.00 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. NCN 7 i • No. 2 Project Name /Number COLONEL BILL BARBER MARINE CORP PUMRIAL PAPS( - PHASE II Project Description AgmTTF' TRAr. CONCRETE SITE wpm Approximate Construction Dates: From 03.2003 To: JANUARY 2004 Agency Name VAIS•EYCREST LANDSCAPE Contact Person RICK ZIMMERMAN Telephone 14)546.7975 Original Contract Amount $949,493 Final Contract Amount $ 1,026.349.00 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. NONE No. 3 Project Name /Number Project Description MTSIDE MEDIA CENTER ARCHITECTURAL CONCRETE PAVING- COLORED SIAB-0N -GRADE & TOPPING SLABS Approximate Construction Dates: From 1 04/2002 To: 05/2003 Agency Name THE PANKOW COMPANIES Contact Person BRAD WHITAKER Telephone (626) 791.1125 Original Contract Amount $ Final Contract Amount $_650K - various phases 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. A No. 4 Project Name /Number CULVER PLAZA RE- IMAGING PROTECT Project Description ARCHITECTURAL CONCRETE PAVING Approximate Construction Dates: From 09/2002 To: on going Agency Name TURNER CONSTRUCTICN INC. Contact Person BRENDFN MURPHY Telephone (949) 798.8100 EXT.725 Original Contract Amount $3gn,nn _Final Contract Amount $524,195.00 If final amount is different from original, please explain (change orders, extra work, etc.) CHANGE ORDERS, EXTRA WORK, OVERTIRE. 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. NONE Project Name/Number pTupFTzn= G.wT, Project Description ARCHITECTURAL CONCRETE TOPPING SLABS, SANDBLASTING, CHEIMCAL STAIN Approximate Construction Dates: From 10/2002 To: 11/2003 Agency Name DULLIE & SEVERSON INCORPORATED Contact Person LLD ABBOTT Telephone �62) 493.3611 Original Contract Amount $ 428,460 Final Contract Amount $ 462,803.00 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. 11 .0 No. 6 Project Name /Number PIVERSIDE COUNTY Project Description ARCHITECTURAL CONCRETE PAVING Approximate Construction Dates: From 10/2002 4/2003 Agency Name sAYLEY CONSTRUCPION Contact Person CHUCK ymLTMAN Telephone (714) 540 -8863 Original Contract Amount $ 430,000 Final Contract Amount $ 446.670.00 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. NONE 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. r: e D D a :. W.o uD•u -► -I waga • 10 Authorized SignaWfTitle • f CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEANFRONT WALKWAYS - MC FADDEN SQUARE CONTRACT NO. 3660 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of ORANGE ) Z.e%?ee VP� , being first duly sworn, deposes and says that he or she is Pre 5, r' i- of TRADEMARK CCNCP= SYSTEM , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Subscribed and sworn to before me this rotary Public 6?0 My Commission Expires: Va V r3 3t adD� 11 i5T IT, day of 14A-P-CH 12004. [SEAL] NINA ASIM s corMV=&1ft m NotVe /uEl COUNT omU W W � VENf111M COUNTY 3 MY Ca•n &4N Nov A 2W 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEANFRONT WALKWAYS - MC FADDEN SQUARE CONTRACT NO. 3660 DESIGNATION OF SURETIES Bidders name TRADEMARK CONCRETE SYSTEMS, INC. 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): RCNiM INSURANCE AGENCY - 26 PLAZA TARP., STE_ 200, ORANGE. CA 92866 TAMERA AHUMADA 714.516.2960 (INSURANCE) NORTH AMERICAN SPECIALTY INSURANCE 00. - 701 S. PARKER STREET, STE. 3800, ORANGE 92868 DANIEL PICARD 714.516.2960(BONDING) 12 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEANFRONT WALKWAYS - MC FADDEN SQUARE CONTRACT NO. 3660 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name T aoiAw CCNCI= SYSTEMS, INC. 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. NO Current Record Record Record Record Record Yearof for for for for for Record 2003 2002 2001 2000 1999 Total 2004 No. of contracts NSA 10a Total dollar o o 00 Amount of - i Contracts (in 0 o 0 r- L o N Thousands of $ ) co No. of fatalities 0.00 No. of lost Workday Cases 0.00 0.00 0.00 0.00 No. of lost workday cases 0.00 0.00 0.00 0.00 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. NO 0 0 Legal Business Name of Bidder TPADEw um coNci= sYsTEMS, iNc. Business Address: EISENHOWER 92807 Business Tel. No.: 714.970.8200 State Contractor's License No. and Classification: 511344 - B, C -8, HIC Title aFwgAr, tic r:u FWe5l � The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, .legal name.of corporation must. be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 L 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEANFRONT WALKWAYS - MC FADDEN SQUARE CONTRACT NO. 3660 ACKNOWLEDGEMENT OF ADDENDA Bidders name TRMEKU;K CONCRETE SYSTEMS, INC. The bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Signature 15 0 • Page: 1 of 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO- 1 OCEANFRONT WALKWAYS - MCFADDEN PLAZA CONTRACT NO.3660 DATE: 04m 3t 2094 BY: Z- gu hc`lw� Public Works Director TO: ALL PLANHOLDERS A. SPECIAL PROVISIONS 1. Delete Section 7 -15 CONTRACTOR'S LICENSES and replace with the following: 7 -15 CONTRACTOR'S LICENSES At the time of the award and until completion of the work, the Contractor shall possess a General Engineering Contractor "A° License or a Concrete Contractor -C -8" License. From the start of work and until the completion of work, the Contractor (and any Subcontractors) shall possess a Business License issued by the City of Newport Beach. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. No bid will be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Tt0*1 rtrk anel.�efe j)NLe&r. /,rze Bidder's Name (Please Prin t. fi m\pWeWrNbonu Vy o&w Wrra w &"ys mdtd c388wda mdl.m MR • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEANFRONT WALKWAYS - MC FADDEN SQUARE CONTRACT NO. 3660 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: TRADEMARK cONcr= SYSTEMS, INC. (COPORATION) Business Address: 4561 E. EISENHOWER CIRCLE, ANAHEIM, CA 92807 Telephone and Fax Number: 714.970.8200 FAX 714.970,8221 California State Contractor's License No. and Class: 511344 - B, C -8, HIC (REQUIRED AT TIME OF AWARD) Original Date Issued: Expiration Date: g J3 / /2vOf' 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: G ^Vce A, 7WJ7S,-b*!5w7 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 Lance Boyer Pres %Treas. 522 MONTGOMERY AVE, SANTA BARBARA 805.988.9919 Art Rodriquez V.P /SEC. 522 MONTGOMERY AVE. SANTA BARBARA 805.988.9919 Carlos Rodriguez Field Opert. 522 MONZCMRY AVE. SANTA BARBARA 805.988.9919 Chris Cannon General Manager 4561 E. EISENHOWER CIR. ANAJ -IEIM 714.970.8200 Corporation organized under the laws of the State of CALIFORNIA 16 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: N/A 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; N/A Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner /agency? If so, explain. NO Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have, any claims or actions by any outside agency or individual for lab compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.) ?Yes Are any claims or actions unresolved or outstanding? Yes No 17 S 0 If yes to any of the above, explain. (Attach additional sheets, if necessary) N/A Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. r LANCE A. BOYER, PRESIDENT (Print name of Owner or President of-Qorporation /Company) �l /I �s4-DEwJ° Authorized Signo6re/Title GENUM, MANAGER Si��EiJ7` Title 0,3 oDSL Date Subscribed and sworn to before me this day of 2094. [SEAL] IF 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEANFRONT WALKWAYS - MC FADDEN SQUARE CONTRACT NO. 3660 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 The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 E CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C OCEANFRONT WALKWAYS - MC FADDEN SQUARE CONTRACT NO. 3660 CONTRACT THIS AGREEMENT, entered into this _ day of , 2004, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Trademark Concrete Systems, Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: OCEANFRONT WALKWAYS - MC FADDEN SQUARE The work necessary for the completion of this contract consists of removing existing brick tiles, underlying mortar and concrete to a depth of 4 inches, and placing colored stamped concrete. Locations, color, and stamp are shown on plans. Contract No. 3660 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, Bidders Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3660, 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 fumish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 20 0 0 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of ONE HUNDRED FOUR THOUSAND, THREE HUNDRED THIRTY -ONE AND OO11100 DOLLARS ($104,331.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Sean Crumby (949)644 -3315 CONTRACTOR Trademark Concrete Systems, Inc. 4561 E. Eisenhower Cirde Anaheim, CA 92807 714 - 970 -8200 714 - 970 -8221 Fax F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "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 origina endorsements effecting coverage required by this Contract. The certificates anc endorsements for each insurance policy are to be signed by a person authorized by that 21 • insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11185) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 22 0 • 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 23 0 0 amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and/or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractors 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 Contractors subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 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. APPROVED AS TO FORM: CITY ATTORNEY tV 25 CITY OF NEWPORT BEACH A Municipal Corporation Mayor i TRADEMARK CONCRETE SYSTEMS , r iftgfiie—d —Sig naVS and Title MA 0 State Of CALIFORNIA County of ORANGE 0 On MARCH 23, 2004 before me, CYNTHIA S. WOZNEY, NOTARY PUBLIC wre wvuE. TnLE of aFF1een -Ea, •.wM twe, norrunr ruauc personally appeared LANCE A. BOYER NAMP of WOMB" personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the persona) whose name(re) isAw subscribed to the within instrument and ac- knowledged to me that he/sf?rry executed the same in his/hVnfW4U authorized capacity(U", and that by his /hair CYNTHIA S. WOZNEY signature(a) on the instrument the persono), .- COMM, 0 3=58 m w 9�19y Nobry PWft- cawomia <n or the entity upon behalf of which the ORANGE COUNTY con ,EXP. June 25,2006 person(t) a cted, executed the instrument. WITNESS my hand and official seal. • I- Though the data below is not required by law, it may prove valuablo to persons relying on the document aid could prevent fraudulent reatlactunent of this torn. CAPACITY CLAIMED BY SIGNER ■ © «• I IWO • • « PRESIDENT TMEM ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY4N-FACT ❑ TRuSTEE(S) ❑ GUARDIMUCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NMIE0PP019M(s10R8 nVM TRADEMARK CONCRETE SYSTEMS, INC. DESCRIPTION OF ATTACHED DOCUMENT CONTRACT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ACORD_ CERTIFICATH&F LIABILITY INSURAN4 OP ID S DATE(MWDD/YYYY) TRADEMI 03/19/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION LTR ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Rohm ; Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26 Plaza Square, Suite 200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. LIMITS IERTATMET — Orange CA 92866 Phone:714 -516 -2960 Fax:714 -516 -2965 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Lexington Ins. Co. $1,000,000 INSURER B: Peerless Insurance Company X X COMMERCIAL GENERAL LIABILITY INSURER C: Amer Intrl Specialty Lines 08/08/03 Trademark Concrete Systems Inc 4561 E. Eisenhower circle Anaheim CA 92807 INSURERD: $ 50,000 INSURER E: CLAIMS MADE FX OCCUR COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE 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. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MWDD POLICY EXPIRATION DATE MWDD LIMITS IERTATMET — AUTHORIZED REPRESENTATIVE GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X X COMMERCIAL GENERAL LIABILITY 1142392 08/08/03 08/08/04 PREMISES (Ea occurence) $ 50,000 CLAIMS MADE FX OCCUR MED EXP (Any one person) $ EXCLIIDED PERSONAL &ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 kGEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $1,000,000 PRO- F1 LOC POLICY X JECT B X AUTOMOBILE LUU$IUTY ANY AUTO CBP9756750 08/08/03 08/08/04 COMBINED SINGLE LIMIT (Ea am"enp $ 11000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS i X BODILY INJURY (Peraccidenl) $ HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LASH AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $2,000,000 C X-] OCCUR CL,IMSMADE 8764114 08/08/03 08/08/04 AGGREGATE $2,000,000 : $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS' LUU$ILITY ANY PROPRIETORIPARTNER/EXECUTIVE E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT S OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS *EXCEPT 10 DAYS FOR NON PAYMENT OF PREMIUM CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED PER THE ATTACHED ENDORSEMENTS. RE: OCEANFRONT WALKWAYS- MCFADDEN SQUARE, NEWPORT BEACH. CONTRACT #3660. WC CERT W /WAIVER OF SUBROGATION WILL FOLLOW FROM STATE FUND CERTIFICATE HOLDER CANCELLATION NHWPOR2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF NEWPORT BEACH DATE THEREOF, THE ISSUING INSURER WILLiN1WAVQR4Q4WIL *30 DAYSWRITTEN PUBLIC WORKS DEPARTMENT NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BbT1*V0R[TO-0O'S&3PMLL ATTN: SHARI S ROOKS 3300 NEWPORT BLVD. I� NEWPORT BEACH CA 92658 -8915 IERTATMET — AUTHORIZED REPRESENTATIVE ACORD 25 (2001108) f 0 ACORD CORPORATION 1988 0 0 03/19/04 INSURED: Trademark Concrete Systems Inc INSURANCE COMPANY: Lexington Ins. Co. POLICY NUMBER: 1142392 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: CITY OF NEWPORT BEACH, ITS OFFICERS, AGENTS, OFFICIALS, EMPLOYEES AND VOLUNTEERS PUBLIC WORKS DEPARTMENT 3300 NEWPORT BLVD P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 RE: OCENANFRONT WALKWAYS - MCFADDEN SQUARE CONTRACT 93660 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or Organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. THIS INSURANCE IS PRIMARY AND ANY INSURANCE MAINTAINED BY THE ADDITIONAL INSURED SHALL BE EXCESS AND NON - CONTRIBUTORY CG 20 10 11 85 Copyright, Insurance Services Office, Inc. 1984 0 0 This endorsement, effective 12:01 AM 3/19/04 Forms a part of policy no.: 1142392 Issued to: Trademark Concrete Systems Inc By: LEXINGTON INSURANCE COMPANY WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHER TO US Schedule Name of Person or Organization: Blanket where required under written contract. CITY OF NEWPORT BEACH, ITS OFFICERS, AGENTS, OFFICIALS, EMPLOYEES AND VOLUNTEERS PUBLIC WORKS DEPARTMENT 3300 NEWPORT BLVD P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 RE: OCENANFRONT WALKWAYS - MCFADDEN SQUARE CONTRACT #3660 The Transfer of rights of recovery Against other to Us Condition (Section IV- Commercial General Liability Conditions) is amended by the addition of the following: We waive any right of recovery we may have against the person to organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or " your work" done under a contract with that person or organization and included in the "products- completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. LEXD00O21 LX0404 0 0 3/19/04 Forming a part of Policy Number: CBP9756750 Coverage Is Provided By: Peerless Insurance Company Named Insured: Trademark Concrete Systems Inc Agent: Rohm Insurance Agency Agency Code: 4295011 Agent Phone: 714 -516 -2960 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This person or organization shown in the Schedule is an insured to the extent of their liability for the conduct of an insured under Section II- Liability Coverage of this policy. SCHEDULE CITY OF NEWPORT BEACH, ITS OFFICERS, AGENTS, OFFICIALS, EMPLOYEES AND VOLUNTEERS PUBLIC WORKS DEPARTMENT 3300 NEWPORT BLVD P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 RE: OCENANFRONT WALKWAYS - MCFADDEN SQUARE CONTRACT 93660 GECA 812 (10/96) 0 0 RECEIVE" mycn,EH 03/29/2004 15:36 7149708221 TRADEMARK CONCRETE PAGE 01 POLICYHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142 -0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 03- 22 -2DO4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPT 3300 NEWPORT SL NEWPORT BEACH CA 92656 GROUP: POLICY NUMBER 6653044 -2003 CERTIFICATE ID: 177 CERTIFICATE EXPIRES: 10 -01 -2004 10- 01- 2003/10 -01 -2004 JOB:,.00EANFRONT WALKWAYS- MCFADDEN SOUARE'CONPACT NO 3660 This is to certify that we have issued a valid Worker's Compensation insurance polity In a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This polity is not subject to. cancellation by the.Fund.except upon 30 days advance written notice to the employer We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition'of'any contract or other document with respect to which this certificate of insurance may be issued or may pertain,: the insurance afforded by the policies described herein is subject.to all the terms, exclusions; and condition, of such policies. PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTIOM EFFECTIVE 10 -01 -2003 IS ATTACHED TO ADTD FORMS - A PART OF THIS POLICY.. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 03 -22 -2004 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH a4xovaa TRADEMARK CONCRETE SYSTEMS, INC 4561 E EISENaOWER CIR ANAHEIM CA 92607 �T RRI D }9�ZUD¢ SOF 10264E Mrop gl¢m,u0cv¢eNyv you a¢eaw,uwvb,mukdutlmd¢'OFFlCDIL STATE RJND DOCUMENT PKtE 1 OF Mar.29 0403:11p Brown & Brown ` {� Fax #: ' , 4, 4 &I� 71 423 -1872 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is compris77 of requirements as outlined by the City of Newport Date Received: ZL g@ t. /Contact Re give From: Date Completed: 2517 L4 1 1A Sent t{ l Company /Person required to ave certificate: r I. GENERAL LIABILITY A. INSURANCE COMPANY: B. C. AM BEST RATING (A: VII or greater): ADMITTED Company (Must be California Is Company admitted in California? D. LIMITS (Must be $1 M or greater): E. PRODUCTS AND COMPLETED OPERATIONS (Must F. ADDITIONAL INSUFj,ED WORDING TAO INCLUDE (The City its "officers, officials, employees and volunteers): Is it included? G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? .1 p.1 ❑ No ❑ 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 W 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 C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? f Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM): W+at is limits provided? E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, emplojees and volunteers): Is it included? X Yes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only) Is it included? rn ❑ 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? ❑ Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? r-� 1� ❑ Yes XNo Company Profile Company Profile • Page I of 2 AS CeMtorat Inste NORTH AMERICAN SPECIALTY INSURANCE COMPANY 650 ELM STREET, 6TH FLOOR MANCHESTER, NH 03101 -2524 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: NAIC Group #: California Company ID #: Date authorized in California: License Status: Company Type: State of Domicile: 29874 018.1_ 3208 -6 June 30, 1989 UNLIMITED- NORMAL Property & Casualty NEW HAMPSHIRE Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the lg ossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY DISABILITY FIRE LIABILITY MARINE PLATE GLASS SPRINKLER http: / /cdinswww. insurance .ca.gov /pis /wu_co _prof /idb_co _prof utl.get_co _proDp_EID =... 03/30/2004 Company Profile 0 • Page 2 of 2 WORKERS' COMPENSATION Company Complaint Information ►� Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - February 18, 2004 03:13 PM Copyright © California Department of Insurance Disclaimer http: / /cdinswww. insurance. ca.gov /pls /wu_co _prof/idb_co�rof utl.get_co�rof.p_EID =... 03/30/2004 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL OCEANFRONT WALKWAYS - MC FADDEN SQUARE CONTRACT NO. 3660 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. 3660 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization @Are-#VPS4W91 Dollars and I7o Cents $ -31000-00 Per Lump Sum 2. Lump Sum Traffic Control @l/�2 �ilOGS Dollars and no Cents $ ReF Square Foet 3. 7,300 S.F. Remove Existing Structural Section and Construct 4 -inch Integrally Colored Stamped Concrete' Pavement @ _Mir1&eilk Dollars SBIiPiYt and $ 13.47 $ �S, �3/. o0 er S uare Foot TOTAL PRICE IN WRITTEN WORDS and /70 Cents -March 9, 200 7e.Le bon 7i¢ 970 $ z-oo x 7/4 97v gt2/ Bidders Telephone and Fax Numbers S //.o ¢¢ 1&3 c -g Bidders License No(s). and Classification(s) i • PR2of2 $ :M. 00 Total Price (Figures) T ia?0ark aoew * Bidder bidder's Aut VAed Signature and Title ¢5lr/ E- tifewhvolew 6> vle Bidder's Address Alkothei*,f n 9 9 7 1 1 1 2 Ea 2 2 2 2 2 2 2 3 3 3 3 3 3 4 4 4 4 5 INDEX FOR SPECIAL PROVISIONS OCEANFRONT WALKWAYS - MC FADDEN SQUARE CONTRACT NO. 3660 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -2 PROTECTION 5 -7 ADJUSTMENTS TO GRADE 5-8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 6 -7.4 Working Hours 6 -9 LIQUIDATED DAMAGES 7 1 1 1 2 Ea 2 2 2 2 2 2 2 3 3 3 3 3 3 4 4 4 4 5 0 0 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water 7 -8.6 Water Pollution Control 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access 7 -10.2 Storage of Equipment and Materials in Public Streets 7 -10.3 Street Closures, Detours, Barricades 7 -10.4 Public Safety 7- 10.4.1 Safety Orders 7 -10.5 "No Parking" Signs 7 -10.7 Notice to Businesses and Residents 7 -15 CONTRACTOR'S LICENSES 7 -16 CONTRACTOR'S RECORDSIAS BUILT DRAWINGS SECTION 9 MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General 9 -3.2 Partial and Final Payment PART 2 - -- CONSTRUCTION MATERIALS 5 8 8 8 9 SECTION 201 CONCRETE, MORTAR, AND OTHER MATERIALS 9 201 -1 PORTLAND CEMENT CONCRETE 9 201 -1.1.2 Concrete Specified by Class 9 201 -2 REINFORCEMENT FOR CONCRETE 9 201 -2.2.1 Reinforcing Steel 9 201 -2.3 Fiber Reinforcement 9 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General 300 -1.5 Solid Waste Diversion SECTION 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 10 10 10 10 10 10 10 10 10 �J • SP 1 OF 10 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS OCEANFRONT WALKWAYS - MC FADDEN SQUARE CONTRACT NO. 3660 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. M- 5353 -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 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of removing existing brick tiles, underlying mortar and concrete to a depth of 4 inches, and placing colored stamped concrete. Locations, color, and stamp are shown on plans." 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The City will provide construction staking as required to construct the improvements. Any additional stakes or any restaking, or costs thereof, shall be the responsibility of the Contractor. The Contractor shall notify the City in writing two working days in advance of the time that the stakes are needed. All existing street and property corner monuments are to be preserved. The Contractor will be back - charged for the cost of restoring any survey monument damaged by the Contractor." ✓ • • SP2OF10 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the City will have the affected survey monuments restored per records, at the Contractor's expense. SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner E • SP3OF10 in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -2 PROTECTION. Add the following: "in the event that an existing pull or meter box or cover is damaged by the work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finish grade City - owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. For adjustment of Southern California Edison, The Gas Company, Pacific Bell, cable television, and other utility facilities to the finish grade, the Contractor shall submit to the Engineer a written request specifying facilities to be adjusted. The City will contact each utility company and request the utility company to adjust its facilities per the franchise agreement and asking the utility company to coordinate the adjustments with the City's contractor. The Contractor shall then coordinate with each utility company for the adjustment of these facilities. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 -3402, The contractor shall remove and salvage City -owned sewer manhole covers and grade rings and City owned water valve cans and covers, and furnish and install new sewer manhole cover and water valve covers prior to finish grade adjustment. Salvaged material shall be delivered to City Utilities Yard. SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the "Notice to Proceed ". The construction start date on the Notice to Proceed is anticipated to be on or before April 19, 2004." 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. 0 • SP4OF10 The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job" All work shall be completed on or before May 28, 2004. 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 30 consecutive working days after the start date as specified on the "Notice to Proceed" or May 28, 2004 whichever comes first. The construction start date on the Notice to Proceed is anticipated to be on or before April 19, 2004." 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 151,1 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 41h and Vh, the first Monday in September (Labor Day), November 111h (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24", (Christmas Eve — half day), December 25'h and 271h (Christmas), and December 3151(New Year's Eve — half day). 6 -7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 4:30 p.m., Monday through Friday. The Contractor, his subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc. before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, he must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $60.00 per hour when such time periods are approved. / • SP5OF10 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 $1000. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $1000 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "If any water shutdowns are required, City forces shall perform all shut downs. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department. The City must approve any nighttime work in advance. The Contractor shall provide and install new water meter and valve boxes. All existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 -3402. Two other construction projects will be occurring simultaneously with this project. The Newport Pier Parking Lot will be slurry sealed, and the McFadden Square Parking Area and adjacent streets will rehabilitated. It is the contractor's responsibility to coordinate construction activities and traffic control with the other contractors." 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." y • • SP6OF10 Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7 -8.6 Water Pollution Control. Add to this section: "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean." 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accord with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, businesses, the public restroom, the Pier, etc., within the limits of work must be maintained at all times. Access to the Pier for emergency vehicles must be maintained at all times. Construction directly in front of the pier shall be phased accordingly. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control and Pedestrian Control Plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall protect all existing landscaping, trees, and irrigation systems. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting a traffic and pedestrian detour plan showing pedestrian control around the work area. Any parking impacts shall be shown on said plan. The Contractor shall be responsible for processing and obtaining approval of the traffic and pedestrian detour plan from the City's Traffic Engineer. The Contractor shall adhere to • • SP7OF10 the conditions of the plan. All traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), 2001 Edition. 7 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -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 Businesses and Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to the adjacent residents and businesses, 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. 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. y • • SP8OF10 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General "A" Contractor's 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 providing bonds, insurance and financing, establishing a field office, preparing the SWPPP and construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying businesses and residents. In addition, this item includes preparing a traffic and pedestrian detour plan, and providing traffic control required by the project including, but not limited to, signs, cones, barricades, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, 2001 edition, and City of Newport Beach Requirements. • • SP9OF10 Item No. 3 Remove Existing Structural Section and Construct 4" Integrally Colored Stamped Concrete: Work under this item shall include sawcuffing (optional), removing and disposing of the existing brick tiles, mortar, and PCC pavement to a depth of 4- inches (method to be approved by the engineer), placing a tile /concrete bondbreaker, and constructing Colored Stamped Concrete as per plans. 8 -inch #4 dowels shall be placed at 6 -foot spacing (staggered by 3 -feet in either side of the concrete). The color shall be "Mexican Tile" as by Sullivan Concrete (or approved equal) with a medium broom finish. All existing improvements not called out in the plans shall be protected in place. Damage to the existing adjacent improvements shall result in replacement at the sole expense of the Contractor. 9 -3.2 Partial and Final Payment. Add to this section: 'Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 --- CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560 -C -3250. Aggregate gradation shall be pea gravel mix." 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: 'Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." 201 -2.3 Fiber Reinforcement. Replace with: "Fiber Reinforcement shall be Type III Microfiber manufactured by W.R. Grace and Company applied at a rate of 1 pound per cubic yard of concrete." • SP 10 OF 10 PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday." 300 -1.5 Solid Waste Diversion. Non - reinforced concrete 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: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 2,500 psi."