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HomeMy WebLinkAboutC-3795 - Cliff Drive Park Stairway & Handrail ReplacementsCITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 Until 10:30 on the 21St day of August, 2007, at which time such bids shall be opened and read for CLIFF DRIVE PARK STAIRWAY & HANDRAIL REPLACEMENTS Contract No. 3795 $142,500 Engineer's Estimate by Stephen G. Badum Public Works Director PLAN HOLDER LIST AVAILABLE ON CITY WEBSITE hftp://www.city.newport beach.ca.us CLICK: Online Services • Public Works Contracts Bidding Prospective bidi(ers may obtain one set of bid documents for $10.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classihcation(s) required for this project: "A" For further information, call Tom Sandefur, Project Manager at (949) 644 -3312 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CLIFF DRIVE PARK STAIRWAY & HANDRAIL REPLACEMENTS CONTRACT NO. 3795 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ........................................................ .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIALPROVISIONS ................................................................. ...........................SP -1 V, CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CLIFF DRIVE PARK STAIRWAY & HANDRAIL REPLACEMENTS CONTRACT NO. 3795 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ISSUED BY AGENCY PRIOR TO 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errorsand 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). 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 Acf'. 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. 8 ®ias3 - A, c8 C6o, Contractor's License No. & Classification Cv�ySl�UG1a'✓_'NC Bidder M4 Autho ' ed Signature/Title U / Date 13 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CLIFF DRIVE PARK STAIRWAY & HANDRAIL REPLACEMENTS Kwimaj,01C • 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 prinClpal SUm Of TEN PERCENT OF BID AMOUNT Dollars ($ (70�) ), to be paid and forfeited to the City of Newport Beach If the bid proposal of the undersigned Principal for the construction of CLIFF DRIVE PARK STAIRWAY & HANDRAIL REPLACEMENTS, Contract No. 3795 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 20 day of G2 CONSTRUCTION, INC. Name of Contractor (Principal) SURETEC INSURANCE COMPANY Name of Surety 3033 9TH AVE., STE. 300, SAN DIEGO, CA 92103 Address of Surety (619)400 -0106 Telephone YUNG T. MULLICK ATTORNEY- IN-FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF ORANGE. ) On AUGUST 20, 2007 before me, JENNIFER C. GIBONEY, NOTARY PUBLIC NAME OF NOTARY PUBLIC personally appeared, YUNG T. MULLICK personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. .? XNNIFERCG180NEY y COMM. #1470955 Cantu. wd&f -� (SEAL) TARP PUBLIC SIGNATURE OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT POAAF 510002 SureTec Insurance Company MUTED POWER OF ATTORNEY Know AU Men by These Pmem&, That SURETEC INSURANCE COMPANY (the "CoMpanyn, a corporation dilly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Tiikk does by those presents make, constitute and appoint Jennifer C. Giboney, James W. Moilanen, Yung T. Mullick of Mission Viejo, CA its true and lawful Aftmey(s)-In-fact, with full power and authority hereby I conferred in its ) muo, place arkiii.stoad, to execute, acknowledge and deliver 'any and all bonds, recognizances, widertakings; or other instruments or contracts of surttyship to include waivers to the conditions of contracts and. consents of surety;. providing the bond penalty does notioxceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company flieniby as fully and to the same extent as if such bonds were signed by the President, :sealed with:dw corporate sea[ of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s)-in-Fact may' do in the premises. Said appointment shall continue in force until 1 nl31 /og and is made wider Md. by authority of 'the following resolutions of the Board of Directors: of the SureTec Insurance Company: Be it Resolved, that the Pmsident, any Vic&President, any Assistant vice-President, any Secretary or any Awistain Secretary shall be and is hereby vested withfull power and authority to appoint any one or more suitable persons as Attomey(sYro-Pact 16 represent and act for and on behalf of the Company subject to the following provisions: Auontq-10-P&t May be given fill pomw and audiorit behalf the Company, toy execute, acknowledge and deliver, any and all bond y1branditithe-ramepfand.of f s� mmliniZaacM 00011nicts, agreements Or indemnity and what conditioned Or OblIgMiry undertAings and any and all notices and 4DCUMCIft canceling or terninating the Corapany's liability therem"i0m, And any snob instruments so executed by any such Attorney -in -Fact shall be bitiding upon die Company as if signed by the President and I sealed sndeffWed.by the Corporate Secretary. ,13a ft Resolvvd, that Me sigimureofary authorized officer and seal of the Company heretofore or hereaft ATMed to any power of attorney or any certificate relining thereto by facsimile; and any power ureiturney w certificate hewing imsimile signature or facsimile sea shall be "lid and binding upon the Company with respect to any bond or undertaking to which -it Is attached, (Adopted ata meeting h1don2&ofApvll,. 19991) In Wknm Whei'90% SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day d0une, A.D. 2005. RAN C CE COMPANY By:. B.J. Kt Side Of Texas County of Harris On ; this 20th day Of June, A-M 2003 Wore Me Personally came Bid: Kin& to me known, Who, being b re by me duly swom, did depose and say, that her, sides in :Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, "true company described in and which executed the above Instrument; that be knows the sea] of said: Company; that the sea] affixed to said instrumcan.is such corporate seal; that it was so affixed. by order of the Board of Directors ofsald Company; and that he signed bi&nwne thereto by like order. ffe 1hany, Notary Pkbflc Is Miche my commission tMifee August 2?; 2009 I, M. Brent Sealy, Assistant. Secretary OfSURETEC INSURANCECOMPANY, do hereby certify that the above sad foregoing is a true and correct copy of a Power of Attorney, executed by said company, which is stitin full foft'sid effect; and ptsolutions, of the Board. of Directors, . so I, out in the Pbwer of Attorney are in'lill throb and effect Given under my hand and the seal of said Company at Houston, Texas this 20 -day A AUGUST 210.07 A.D. _J AnYinstrumentlestied In excess of Me periany stated above Is totally Void and siftfioutanyvalklity. For wiffication of pre authority of this poweryou may can (Z13) 81261140 any business day belisseng:00 am and 8:0a pm-CST. Best's Rating Center - Company Information for SureTec Insurance Company Center hilLatry ResIIIii Rwxw Ie*ftrls r Smirch Sears Rsthtgs Press Releases Related! Prod is t ► HOW to Get Rallied Carted an Aral view Ratings: Financial Strength Issuer Credit Securities Advanced Search SureTec Insurance Company A.M.Sest #:12227 NAICN:10516 FEIN #:7605657416 Address: 952 Echo Lane, Suite 450 Phone: 713 -812 -0800 Houston, TX 77024 Fax: 713- 812 -0406 Web: www.surstegcom Best's Ratings Financial Strength Ratings View Definitions Rating: A- (Excellent) Financial Size Category: VI ($25 Million to $50 Million) Outlook: Stable Action: Affirmed Effective Date: January 12, 2007 * Denotes Under Review Best's Ratings Pagel of 2 Other Web Centers: r Assigned to companies That have, in cur opinlon, an exce6em ability m meM their ayoing oblipkns to pdicl9widers. Reports and News Visit our NewsRoom for the latest news and press releases for this company and its A.M. Best Group. Best's Comoany Report - includes Best's Financial Strength Rating and rationale along with comprehensive analyt detailed business overview and key financial data. y Report Revision Date: 07118/2007 (represents the latest significant change). .., Historical Reports are available in Best's Company Report.Archie. t,eyt Best's Executive Summary Reports (Financial Overview) - available in three versions, these presentation style n sheet, income statement, key financial performance tests Including profitability, liquidity and reserve analysis. i- ......;' Data Status: 2007 Best's Statement File - PIC, US. Contains data compiled as of 8/15/2007 (Quality Cross Checkf • Single Company - five years of financial data specifically on this company. • Comparison - side -by -side financial analysis of this company with a peer group of up to five other companies yc • Composite - evaluate this company's financials against a peer group composite. 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P1C,.US - Besrs State Line Property 1 Casualty.: Single State Bests Schedule P jLoss. Reserves) - PIC, US Customer- aerv_ice I Product.5upport I Member Center I Contact Info I Careers About A.M. Best I Site_Map I Privacy. Pobicy I Securi I Terms of Use I Legal & Licensing http: / /www3 .ambest.com/ratings /FullProfile .asp ?B1= 0 &AMBNum= 12227 &AltSrc =1 &A... 08/22/2007 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CLIFF DRIVE PARK STAIRWAY & HANDRAIL REPLACEMENTS CONTRACT NO. 3795 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 Soecifications 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: _ Address: Phone: State License Number: Name: Address: Phone: State License Number. Name: Address: Phone: State License Number. e _ L Bidder A orizedl 4naturefritle CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CLIFF DRIVE PARK STAIRWAY & HANDRAIL REPLACEMENTS CONTRACT NO. 3795 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name 6� / VC - 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 %V4 9X (f 0A1 XC,;_ Project Description ro-V . g �S%f✓�2% - Approximate Construction Dates: From `55 —,e-7 9 " d '/7 To: 5� %, a Agency Name e!�y Contact Person CA� d_l /'�U y�IJ d Telephone_�G-,q L&-S' 7� 0 X ';1 C) / Original Contract Amount $ 3 final Contract Amount $ �z S6.% If final amount is different from original, please explain (change orders, extra work, etc.) lT zzF L✓o/L!e lgelez' / ('N/.7S Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 2 Project Name /Number X d 4 iC. mil® /L%% SSG • �� �� a I Project Description 11C06-011d 14 /Q�� lu7q Approximate Construction Dates: From. � To: Agency Name /9 U Cam! �F/�%1 °� `� . /NC 5 Contact Person / —AvW-4 0,4 � - Telephone ;708 Original Contract Amount $// OT Final Contract Amount $ S LY?J 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. N No. 3 Project Name /Number rL Project Description /C PrtG� v e 4� �✓� Q 52���5 Approximate Construction Dates: From /�" J �' To: Agency Name Fl—=' l Contact Person C Ff t�%f��I Telephone P-j 54 % ° 6.2 '7 % Original Contract Amount $ / , "LFinal Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims _ against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 4 _ Project Name /Number CA7M d'iV dn&A1 S Cr 'ql 65 - Project Description f 13/L[CD9 jc g.,2rvS.>A /7Pcy' if , Q , tondo 5 6-47675-. Approximate Construction Dates: From U D C - To: /41114 Agency Named Contact Person 11114 e�;10�w 6. Telephone d S yb' - 633 t� Original Contract Amount $J/ _` �fnal Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) IVIA 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. X No. 5 Project Name /Number 4fZ,?1CW G47&-5, Project Description a�1 C�TL �����1 �� (� . a��l� jC�<_ Approximate Construction Dates: From rl-nNe' d To: Agency Name 4 i Contact Person "A / Telephone (319 5/ /a — 53 7 3 Original Contract Amount final Contract Amount��� If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 6 Project Name /Number � d1f: � 4)TV1 S 6:47LZ-_,'�: Project Description el e-Ayz: $ GSM LL C Approximate Construction Dates: From IqWt J-6 ' To: Agency Name_ 07-� Contact Person V'; c e C ^"Q Telephone %D % -,91650 Original Contract Amount $TFinal Contract Amount $ %', rte If final amount is different from original, please explain (change orders, extra work, etc.) x'J ' Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's cuyyr� nt financial conditions. 1 Bidder AuthorizXd Signature/Title 10 G 2 Construction CA State Contractor License # 801253 A, C -8. 13331 unit H Garden Grove Blvd. Garden Grove, CA 92843 August 7, 2007 Informational 1). Company background - G2 Construction was established in June 2001. The company was originally involved in concrete contracting. We continue to work on private and public concrete related projects. We are also committed to private and public projects relating to the catch basin "Ocean -Pro" debris gates. 2). Specializes - G2 specializes in work related to catch basin debris gates. We provide a full range of services. G2 currently; evaluates, manages, manufactures, installs, performs field training and quality control for the "Ocean -Pro" debris gate. We also specialize in decorative concrete flatwork and well as roadway related concrete products; curb & gutter, sidewalks, cross gutters, culvert boxes and catch basins. 3). Area of Operation - G2 construction has an operational base for the different types of work. Our operational area for work related to the debris gate has and will have us respond to all of Southern California. Our area for debris gates has ranged from Santa Barbara to Laguna Niguel with many municipalities in between. We keep our concrete operations limited to a 50 mile radius for material supplier purposes. 4). "S" Corporation — G2 incorporated the business in March of 2006. We filed form 2553 "Election by a Small Business Corporation" in April 2006 with the Internal Revenue Service. OFFICE (714)748 -4242 FAX (714) 748 -4244 G 2 Construction CA State Contractor License # 801253 A, C -8. 13331 unit H Garden Grove Blvd. Garden Grove, CA 92843 5). Work Experience - John R. Alvarado started "Alvarado Concrete Construction" as a proprietorship in the earlier 1990's while working as a Superintendent with 'All American Asphalt ". I was employed by All American Asphalt for 10 years. During that time I gained field and project management experience for private and public works projects. During the 1990's, I had membership with American Concrete Institute and acquired additional college courses as they related to business and construction. 6). G2 Construction — Key Personnel; A). John R. Alvarado, Operations Director. Experience; 20 years construction industry, 4 years Debris Gates Age; 44 years Capabilities: Office / Field B). Lydia G. Alvarado, Office Manager Experience: 10 years construction industry Age; 43 years Capabilities; Office —Bookkeeping, Payroll, Taxes, Preliming customers. 7). Project Management - At G2, our projects are processed through John R. Alvarado. Our projects depending on size are evaluated on an individual basis. Once a project has been evaluated and awarded, we begin the process resource assembly. We then create an action plan and execute; measuring, manufacturing, installing, tracking and recording daily activities. 8). Internal Accounting Procedures - Our purchases are recorded and paid through the use of the software" Quick Books" Our payroll and payroll taxes are performed through "Excel" software. Please call if there are any additional questions. OFFICE (714)748 -4242 FAX (714) 748 -4244 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CLIFF DRIVE PARK STAIRWAY & HANDRAIL REPLACEMENTS CONTRACT NO. 3795 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of t 2 ✓dr y being first duly sworn, de oses and says that he or she is J of — �',wyj , W P , , 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 parry 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 CaIifofniVjhat the foregoing is true and correct. _ Bidder AuXori7ed Sionature/Title Subscribed and to before me this � day of r tV EtV ST , 2007. � A /I / [SEAL] Note ubli DAISY JAUREGUI COMM. # 1717809 My Commission Expires: A Z lamy NOTARY PUBLIC - CALIFORNIA- ORANGE COUNTY Comm. Expires Jan. 16,201 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CLIFF DRIVE PARK STAIRWAY & HANDRAIL REPLACEMENTS CONTRACT NO. 3795 DESIGNATION OF SURETIES Bidders name 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): !3l�kFrt ' % tab AIZ) C =xc,qf� G ';;2�xe-o eli'tZ5,e�w y s7r. /go '-US61 en/ Y.lrp CA ' 7,2611 CW 5 % a X51 -( 6 7 K % 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CLIFF DRIVE PARK STAIRWAY & HANDRAIL REPLACEMENTS CONTRACT NO. 3795 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name G-c2— l / —STAv cl �V J-I�J c - Record Last Five (5) Full Years Current Year of Record M The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary— Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Yearof for for for for for Record 2006 2005 2004 2063 2002 Total 2007 No. of contracts 7 3 3 3 3 Total dollar Amount of Contracts (in 70r� M �dn HV ,(1 3 ®o -06 �� -7 Q u Thousands of $ No. of fatalities No. of lost Workday Cases c;2— No. of lost workday cases involving / �� �j� permanent transfer to another job or termination of employment M The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary— Occupational Injuries and Illnesses, OSHA No. 102. 13 Legal Business Name of Bidder Go2Srf uC�r�w1 i'C' Business Address: 1333/ y G44')CA/ C.- 4rn�E dl-V , 6r9/4%€N &4VC� Business Tel. No.: /y- y8 `✓2 5 �a� I� State Contractor's License No. and Classification: A`804;25-3 - /1 &,Y, G -6o Title L"nv EC�vcs C�7ll�yCj ° C- 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 8 o 0 1 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 partnershiprJoint venture must be provided, followed by signatures of all of the partnersfjoint ventures or of fewer than all of the partnerstjoint 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. N CO. C4 sahatMOM6 Vy 14 n CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of CAyFoRNtA ) County of Opw C F ) On A U6115 T oqbj9M1 before me, DAI5\J SA U AC-6 V 1 mitt_ Pu Bt, \ e (here insert name and title of the officer) personally appeared 10 1iN R . A-L ) Aghp o lkN (Ly P I A Aw Ar12•.4c> o pPrQnrin1LT:____(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that X{ Wthey executed the same in /their authorized capacity(ies),'and that byjKla ltheir 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. DAISY JAUREGUI COMM. # 1717809 z Z e NOTARY PUBLIC - CALIFORNIAM ORANGE COUNTY My Comm. Expires Jan. 16, 2011 i ur f Nfy Public (Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is f a document is to be recorded outside of California. In such instances, any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal fir a notary in California (i.e. cerliJying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully far proper notarial wording and attach this form ifrequired. Number of Pages Document Date - State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. ❑ Individual (s) Wshehheyr is 1ere)orcircling the correct forms. Failure to correctly indicate this information my lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, reseal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form. • Partner(s) • Signature of the notary public must match the signature on file with the office of • Attorney -in -Fact the county clerk. C Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other A Indicate title or type of attached document, number of pages and date. dr Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document CAPAv12.10.05 mby As adani,fP foniMlNpariw&CSA800.87 }9865 www.rotaryclaaa.com CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CLIFF DRIVE PARK STAIRWAY & HANDRAIL REPLACEMENTS CONTRACT NO. 3795 ACKNOWLEDGEMENT OF ADDENDA Bidders name C —� C��^�s��T1 �I.�NC . The bidder shall signify receipt of all Addenda here, if any, and attach executed. copy of addenda to bid documents: Addendum No. 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CLIFF DRIVE PARK STAIRWAY & HANDRAIL REPLACEMENTS CONTRACT NO. 3795 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: - Business Address: 13-731 �6r4d,02V C,-e&7F dz v"J, G4 AA7V 6'4on � ,CA Telephone and Fax Number: OFF- /Y- %�/�' 5'o?5'a,f x /s'-_7�'s_ -Y1Z yy California State Contractor's License No. and Class:8� /� 53 - �d C. c4� G- 6 D (REQUIRED AT TIME OF AWARD) Original Date Issued: / /moo- 0 / Expiration Date: List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: A 4owd-ar/ Ge A4 1 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 (76,6n/ le. IVZ114 "IYtJ - G� e4/Cclw _ ef�ej:_1Y61 _ Corporation organized under the laws of the State of 4 � �Q-llr- 16 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: /L///f - All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: /'//,4-) 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; ©item Briefly summarize the parties' claims and defenses; N IA Have you ever had a co tract terminated by the owner /agency? If so, explain. co - 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 c pliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes No ' Are any claims or actions unresolved or outstanding? Yes /CO) 17 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. Gz3 (�✓s�/w � % oil ��� Bidder (Print name of Owner or President of Corporation/Co ) Auf rized Signature(fitle /Ars'4V7A'_ Title 8-� "D % Date Subscribed and swom to before me this day of ,1�1 2007. [SEAL] Siateof Caibmia,Counryof tX-M4� B DE8IREEM. Subsu �entlsvror to ref aybafo a FALAZUEW on thi a NOTTTPUBLiC 6180 ellrlw aec to ete or proved to mr on CMIFOANIA basls of e4staotory evidence m �[ u OR!ANGE 00UNrY 18 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CLIFF DRIVE PARK STAIRWAY & HANDRAIL REPLACEMENTS CONTRACT NO. 3795 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VIl (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided_ as specified in the Standard Specifications for Public Works Construction, except as - modified. by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CLIFF DRIVE PARK STAIRWAY & HANDRAIL REPLACEMENTS CONTRACT NO. 3795 CONTRACT THIS AGREEMENT, entered into this /Ah day of:S�f , 2007, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and G 2 Construction, Inc., a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: CLIFF DRIVE PARK STAIRWAY & HANDRAIL REPLACEMENTS The work necessary for the completion of this contract consists of removing existing railroad tie stairs, foundations, and handrails, and constructing concrete stairs with aluminum handrails. In addition, removing existing wooden structures over Avon Street drainage and replacing with concrete slab. Contract No. 3795 WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3795, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 20 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Hundred Forty -Seven Thousand, Four Hundred Twenty -Six and 60/100 Dollars ($147,426.60) 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: Tom Sandefur (949) 644 -3312 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: CONTRACTOR G 2 Construction, Inc. 13331 Garden Grove Blvd. Suite H Garden Grove, CA 92843 714 - 748 -4242 714 -748 -4244 Fax Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." _ G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by'this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 22 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. 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 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 Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. I. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day anti vaar first writtan nhmia APPFJOVED AS TO F�M: Aaron C. Harp Assistant City Attorney 25 CITY OF NEWPORT BEACH A Municipal Corporation ayor G 2 CONSTRUCTION, I Officer) Title: j(L5113g Print Name ZvAn�� (Financial Officer) Title: Print Name:,/ehzW �UA� BOND PREMIUM IS INCLUDED IN PERFORMANCE BOND BOND ISSUED IN QUADRUPLICATE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CLIFF DRIVE PARK STAIRWAY & HANDRAIL REPLACEMENTS CONTRACT NO. 3795 BOND NO. 4363174 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Name of Contractor, hereinafter designated as the "Principal," a contract for construction of CLIFF DRIVE PARK STAIRWAY & HANDRAIL REPLACEMENTS, Contract No. 3795 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. 3795 and the temps thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fall 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, SURETEC 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 SEE BELOW 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. ONE HUNDRED FORTY-SEVEN THOUSAND FOUR HUNDRED TWENTY41X DOLLARS AND 60/100 ($747,426.60) 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 specked 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 a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 31 day of AUGUST 2007 G2 CONSTRUCTION, INC. Name of Conti-actor (Principal) SURETEC INSURANCE COMPANY Name of Surety 3033 5TH AVE., STE. 300, SAN DIEGO, CA 92103 Address of Surety (619)400 -4106 Telephone /l YUNG T. LICK, ATTORNEY-IN -FACT Print D me and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of CAII 4 rn f Cl ) County of OrAVtq L ) J. On p r 20 2[b'1 before me, personally appeared (or proved to me on the basis of satisfactory evidence) to be the person(* whose namef&) is/;>yrc subscribed to the within instrument and acknowledged to me that heLskw/Aiay-executed the same in his?Aeftwil- authorized capacity(baW and that by hisLket'/signatureW on the instrument the persont or the entity upon behalf of which the personWacted, executed the instrument. DAISY JAUREGUI and official seal. o ' COMM. # 1717809 z Z NOTARY PUBLIC - CALWORNIAE ORANGE COUNTY My Comm. Expires Jan. 16, 2011 Lary Public (Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT &-(tf-eAcz P _ r� / (Title or description Vattached document) (Title or description of attached document continued) s Number of Pages I ___17ocument Date 1 (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attomey -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of Califorma- In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California ae certifying the authorized capacity or the signer). Plean check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signers, personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/gay- is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, reseal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public most match the signature on file with the office of the county clerk. es Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. b Indicate title or type of attached document, number of pages and date. 0 Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document C"Av1±10.05 nby Am flvn of fmiaml NcudmaCSA N00473AN65 w .nouydamm.can CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF ORANGE ) On AUGUST 31, 2007 before me, JENNIFER C. GIBONEY, NOTARY PUBLIC NAME OF NOTARY PUBLIC personally appeared, YUNG T. MULLICK personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ? - 1ENN�FER C. EN COMM.#1fVO�WryRANGE C N ti MYComm. &ow Fe6rury 17,2W8 M� C dY1A 4 (SEAL) AI P UBLIC SIGNATURE OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT 510002 POAUO Sulreff ec Insuranee Company LIMITED POWER OF ATTORNEY K"it"' All MW by ThOe PrOenift, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County. Texas, does by these presents make, constitute and appoint Jennifer C. Giboney, James W. Moilanen, Yung T. Mullick of Mission Viejo, CA its true and, lawfirt Altorney(a)-fn mflaet, with full power and acrithcrity hereby conferred In its name, lrlace-an&stead, to execute, acknowledge and delivor any and -all bonds, rerognizances, undertaldings: or other iifsti tmYenCs 'ot contracts of suretyship to Include waivers to the conditiong Of contracts and consents of surety; providing, the bond penalty does not exceed Five Million Dollars and no1100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal ofthe Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in•Fact my do in the premises. Said appointment shall continue in force until 10/51 /08 and. is made under and by authority o . Me following resolutions of the Board of Directors. of the SmeTec Insurance Company: Be it Resolved, that the Pre"dentv any 'Vice- President, AnY Assistant Vice-Prosident; any Siecretury or any Assistant Secretary shall be and Is hereby vested with full power and authority to appoint•fty one or more suitable persons as Attonrtyi(s)4n-Fad to represent and so for and on behalf of the Company subject to the fallowing provisions: Artw?wj,i ft.Pact they be given fall power and sardiority for and in the name of and: of of the Company, V. oxomta, acknowledge and deliver, my and all bonds. mcogsizaaces, 00ftmiCtS. Agreements of indemnity and otherr conditional or obilg" undertakings and any and at] notices and documents. canceft or terminating the COMPAVY's liability AbefOrift, -and any am* insliuments, so executed by any such Attomqy-in-Fact "I be binding upon the Company as if signed by the President and scoledand dfMW:by the Corporate Secretary. Belt ReFolved thaute signsame of any authorized officer and ead of the Company heretuilurs of.hdreaft affixed to arty 009ver of arromey or any certificate relating thereto by facsimile; and any power dfattamey of oenifieft hearing facsimile signature or flacsinalle seal shall be valid and binding upon the Company with respect to any bond or undertaking to whichit is attached. (Adopted at weethV held on 2&1 qfAp?1t 1.999.) In WANew 9wereof, SURETEC INSURAXC&COmpANyhw caused these presents to be signed byits Piresiden(mui its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. Stare of Texas se, County of Harris =TEC ,RANCECONTANY Im r. J t On this 20th day of June, A.D. NO baltut M6 personally Fame BA King, to me known, who ' being by are duly,swom, did depose and say, that he resides inHouston, Texas, that lie Ispiresident of �SUR&K INSURANCE COMPANY; thecomparry dii8dribed in and which executed the above Instrument that 110 knows the seal of saidCompany; that the seal affixed to said instrument%lis such corporate seal; that it was so :affixed by order of the Board of Directors ofsaid Company, and that he signed his name thereto by like order. JAYS Micheffe Denny, Notary Pkbflc MY WaAfthislon expos August ,;I7, 2009 L u BmistBeZ., Assistam.SoCDOtary of SURETBC INSLUMCF-COMP. ANY, do hereby oa* that the above and foregoing is a true mid conect dopy ofaPpwarof itorney. executed by said Company- vubich is still in AM f6rde and WeM' and "canam The *solutions of the Board. of Directors, set but in th6lpower of Attorney are in flill ramb And affect Given under my hand and the seal ofsaid Company at Houston, Texas this 31 AUGUST 0 "IF day .20 A.D. A' 11 ftlktBm W11114a AnY Iftatrument leaned In Mass Of the Penalty stated above .{y totally void and withoutanlirvall . dfty. For vaufficaden of the surb0ft Of INS P"W YOM may call (713) 412-C888 any bustnew day behasen-8-00aim end 500 pm CST. BOND PREMIUM IS SUBJECT TO CHANGE BASED ON FINAL CONTRACT PRICE BOND ISSUED IN QUADRUPLICATE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CLIFF DRIVE PARK STAIRWAY & HANDRAIL REPLACEMENTS CONTRACT NO. 3795 BOND NO. 4363174 MITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 3,211.00 being at the rate of $ 21.78 PER thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Name of Contractor, hereinafter designated as the "Principal ", a contract for construction of CLIFF DRIVE PARK STAIRWAY & HANDRAIL REPLACEMENTS, Contract No. 3795 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. 3795 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and SURETEC INSURANCE COMPANY duly authorized to transact business under the laws of the State of Calffomia as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport Beach, in the sum Of -SEE BELOW 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. ONE HUNDRED FORTY -SEVEN THOUSAND FOUR HUNDRED TWENTY -SIX DOLLARS AND 601100 ($147,426.60) 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 an 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 31 day of AUGUST 2007 G2 CONSTRUCTION, INC. Name of Contractor (Principal) SURETEC INSURANCE COMPANY Name of Surety 3033 5TH AVE., STE. 300, SAN DIEGO, CA 92103 Address of Surety (819)4004108 Telephone Aqt .rued @nature/Title /7 l� // ATTORNEY -IN -FACT NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of C0111� Vy11 A ) County of Nan q Q' ) On O 2A j before me, _ personally appeared persorm (or proved to me on the basis of satisfactory evidence) to be the persodaW whose nameWis/*,C- subscribed to the within instrument and acknowledged to me that he /&Nr llerexecuted the same in his teir authorized capacity*s), and that by his/4m4dieir signature) on the instrument the personf4, or the entity upon behalf of which the personA acted, executed the instrument. DAISY JAUREGUI WITNESS hand and official seal. COMM. # 1717809 z Z NOTARY PUBLIC - CAUFORNIAM_ ORANGE COUNTY QMy Comm. Expires Jan. 16, 2011 4;�L4 I W n e of otary Public (seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT &�w� P_ (Title or descri i n of attached document (Title or description of attached document continued) Number of Pages =Document Date r^ (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (fide) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as Wears above in the notary section or a separate acknowledgment tom most be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carejuAy for proper notarial wording and attach this form ifrequired. • State and County information most be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must.be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural Forms by crossing off incorrect forms (i.e. hetshe/fheyr is /ere) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. i• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. O Indicate title or type of attached document, number of pages and date. 0 Indicate the capacity claimed by the signer. If the claimed capacity is a corporate office, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document CAPA x12.10.05 Or, A.Wion ofthofessir.1 NOlmiea$ CSA 80 871A86.5 www.naa,yclmc.ewn CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF ORANGE ) On AUGUST 31, 2007 before me, JENNIFER C. GIBONEY, NOTARY PUBLIC NAME OF NOTARY PUBLIC personally appeared, YUNG T. MULLICK personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. u NN V CO* 470955 y a Ne G a R 8 1JAA111� • (SEAL) MARY PUBLIC SIGNATURE OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT ACORD CERTIFICATE OF LIABILITY INSURANCE G2CPPI 1 DA Zan PRODUCER Strachota Insurance Agency Inc California License #0249673 43500 Ridge Park Drive #203 Temecula CA 92590 Phone: 951- 676 -2229 Fax: 951- 676 -7391 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMAT15 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE NAIC # INSURED G2 Construction, Inc Garden Ste N GardenGovee Grove 28 INSURERA: NIC Insurance Co an DATE MMIDDIYY INSURER B: INSURER C: GENERAL LIABILITY (INSURER D: Newport Beach CA 92663 INSURER E: EACH OCCURRENCE CnVFRAnFR 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 NS R TYPEOFINSURANCE POLICY NUMBER DATE MMRIDIYY DATE MMIDDIYY LIMITS 3300 Newport Blvd. GENERAL LIABILITY AUTHORIZED REPRESENTATIVE Newport Beach CA 92663 EACH OCCURRENCE S 1000000 PREMISES Ea eccuren�) $50000 A X X COMMERCIAL GENERAL LIABILITY SF06CGLOO118001 02/25/07 02/25/08 MED EXP (AM.. pawn) s5000 CLAIMS MADE a OCCUR PERSONAL &ADV INJURY S 1000000 CENERALACORECATE 82000000 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS - CCMP/OP AGO $ 1000000 POLICY X JM LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMB (Fa welderM $ BODILY INJURY (Pe, pemn) S ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) S HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE S GARAGE LIABILITY AUTOONLY- EAACODENT S OTHER THAN EA ACC $ ANY AUTO ._.. _. $ AUTO ONLY: AGG E %C ESSIUMBRELLALIABILITY EACH OCCURRENCE $ AGGREGATE 3 OCCUR F-ICLAIMS MADE 4 $ DEDUCTIBLE S RETENTION $ WORKERS COMPENSATION AND I TORYLIMITB ER E.L. EACH ACCIDENT $ EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIE%ECUTIVE OFFN:ERIMEMBER EXCLUDED? EL. DISEASE - EA EMPLOYEE 3 E.L OSEASE- POLICY LIMIT 4 S describe under SPECIAL PROVISIONS Maw OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS (Cont) officials, employees, and volunteers as required by written contract, are named as additional insured (primary) regarding general liability, per attached blanket endorsement. Waiver of Subrogation is included. *EXCEPT FOR NON PAY THEN, 10 DAYS. V CrtI lr rV,lrL „VLV I,I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITYNEW DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* oAYSWRITTEN City of Newport Beach, its NOTICE TO THE CERTIFICATE HOLDER DTO THE LEFT BUT FAILURE TO DO SO SHALL officers, agents, (cont) IMPOSE NOOBLIOATION OR LIABILITY DU T INSURER, ITS AGENTS OR qOFYKff Public works Department 3300 Newport Blvd. REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Newport Beach CA 92663 LarrV POtter Nn n no CnwwnRATInnI 'I ACORD 25 (2001108) u/ 988 Policy # SF06CGL00118001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.\ BLANKET ADDITIONAL INSURED ENDORSEMENT (EXCLUDING RESIDENTIAL AND HABITATIONAL) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) CG 20 10 11 85 SCHEDULE Name of Person or Organization: Any person or organization that the named insured is obligated by virtue of a written contract or agreement to provide insurance such as is afforded by this policy, provided the Company is notified in writing within 30 days of the inception of the contract or agreement, or the inception of this policy, whichever is later. 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. The following additional provisions apply to any entity that is an insured by the terms of this endorsement: Primary Wording If required by written contract or agreement: Such insurance as is afforded by this policy shall be primary insurance, and any insurance or self- insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the named insured and shall not contribute to it. 2. Waiver of Subrogation If required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of "your work' done under a contract with that person or organization. 3. Neither the coverages provided by this insurance policy nor the provisions of this endorsement shall apply to any claim arising out of the sole negligence of any additional insured or any of their agents/employees. 4. This endorsement does not apply to any work involving or related to properties intended for permanent residential or habitational occupancy. The words "you" and "your" refer to the Named Insured shown in the Declarations. "Your work" means work or operations performed by you or on your behalf; and materials, parts or equipment furnished in connection with such work or operations. ANF 160 (9/2003) CERTHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142 -0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 08 -28 -2007 GROUP: 000229 POLICY NUMBER: 0029074 -2007 CERTIFICATE ID: 22 CERTIFICATE EXPIRES: 02-01 -2008 02 -01- 2007/02 -01 -2008 CITY OF NEWPORT BEACH SK PUBLIC WORKS DEPARTMENT 3800 NEWPORT BLVD NEWPORT BEACH CA 92883 -3818 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 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 policy 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 to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. THORI2ED REPRESENTATI PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1800 - JOHN ALVARADO PRES,TRES - EXCLUDED. ENDORSEMENT #1600 - LYDIA ALVARADO VP.SEC - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 02- 01-2006 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2007 -08 -28 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH EMPLOYER G2 CONSTRUCTION INC. 13331 GARDEN GROVE BLVD STE N GARDEN GROVE CA 92843 IREV.2'e61 IBf 9.SKI PRINTED o 08-28 -2007 SK — DATE ACORN® CERTIFICATE OF LIABILITY INSURANCE 08/30//2 071 PRODUCER THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION State Farm Insurance, Peggy Bates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1235 W. Memory Lane HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Santa Ana, CA 92706 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURED G2 Construction Inc 13331 Garden Grove Blvd, Ste. H Garden Grove, CA 92843 -2254 INSURER S: INSURER C: AFFORDING COVERAGE I NAIC III Mutual Auto Insurance Co anv 25178 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 SURJFCT TO ALL THE TERMS FXCL 11SIONS ANn CONnrrinNS OF RUCH POLICIES. POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN LTR ADDL =0 TYPE OF INSURANCE POLICYNUMBER POLICY EFFECTNE DATE MMIDDYV POLICY EXPIRATION DATE MMIDDIYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ PD REMISES Ea ENTED $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR MED EXp ane $ PERSONAL a ACV INJURY $ GENERAL AGGREGATE S GERLAGGREGATERA7TAPPLESPHi PRO PRODUCTS- COMPIOPAGG S POLICY JECT LOC A AUTOMOBILE LIABILITY ANY AUTO ALLOWNEDAUTOS SCHEDULEDAUTOS 246- 6006- D17 -75 246- 6005- D17 -75 119 - 6983- A20 -75E 246 - 6007- D17 -75 248- 2282- D17 -75B 04/17/07 04/1/07 07/20/07 04/17/07 04/17/07 10/17/07 10/17/07 01/20/08 10/17/07 10/17/07 COMBINED SINGLE LIMB (Ea acaidmd) a 1,000,000 X BODILY INJURY IF"PeraeR) $ BODILY INJURY (PeramdeM) $ HIRED AUTOS NON-0WNEDAUrOS 241 - 5229 -A27 -75B 241- 5230 -A27 -75B 07/27/07 07/27/07 01/27/08 01/27/08 244 - 8103- C22 -75C 03/22/07 09/22/07 PROPERTY DAMAGE (Per accident) $ GARAGE LIABILRTY AUTO ONLY- EAACCIDENT $ OTHER THAN EA ACC a ANY AUTO AUTO ONLY: AGG $ EXCESS/UMSRPLLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR F7 C WAS MADE a $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY WC STATU- ORV LIMITS OTH- ER EL EACH ACCIDENT S ANY PROPRIETORIPARTNERfEXECUTIVE OFFICERIMEMBER EXCW DEOP EL DISEASE - EA EMPLOYEE S Byea, desaibe under SPECIAL PROVISIONS Oelm E.L. DISEASE - POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS 97 Ford F47, 95 Chevrolet C1500, 94 Toyota T100, 04 Toyota Tundra, 06 Ford F235, 06 Ford F150, 06 Ford F150, 06 Ford F450 R41 See attached endorsement 6047N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTIOE E CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IM NO BLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, owlain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) 6047N Page 13 CITY Of NEWPORT BEACH AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as _is afforded by the policy for Automobile Liability, the City of Newport Beach, its officers and employees are additional insureds but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded said additional inSured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: *The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage.• 3. The limits of liability under this endorsement for the additional insureds named in Paragraph •1. of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit: Multiple limits Bodily Injury Liability f per person Bodily Injury Liability S per accident Property Damage Liability f (#) Combined Single Limit Bodily Injury Liability and Property Damage Liability S 1 .000,000 The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one accident or occurrence in excess of the limits of liability stated in the policy as applicable to Automobile Liability Insurance. 4. Should the policy he non - renewed, cancelled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. CONTRACT NO 3795 S. Designated Contract: CLIFF DR " r0 @Ct t @ and ntraC 0. This endorsement is effective 08/30/2007 at 12:01 A.M. and forms a part of Polley No 119- 6983- A20 -75F ompany or ng overage G2 CONSTvUICTTOa rn A7N Insured Endori Producer Peggy Bates B) 6047M 6047N Page 13 CITY Of NEWPORT BEACH AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for Automobile Liability, the City of Newport Beach, its officers and employees are additional insureds but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage." 3. The limits of liability under this endorsement for the additional insureds named in Paragraph-1. of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit: t Multiple limits Bodily Injury Liability S per person Bodily Injury Liability S per accident Property Damage Liability 5 i ) Combined Single Limit Bodily Injury Liability and Property Damage Liability S 1,000,000 The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one accident or occurrence in excess of the limits of liability stated in the policy as applicable to Automobile Liability Insurance. 4, Should the policy be non - renewed, cancelled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. S. Designated Contract: CONTRACT NO 3795 roJect l e ana ontract o. This endorsement is—effective 08/30/2007 at 12:01 A.M. and forms a part of 246- 6006 - DI7 -75 of TA A Pi INSU NCE Policy No. 246- 6005- DI7 -75 ompany or ng overage Insured G2 CONSTRUCTION Endorsemen ro. 6047N Producer PEGGY BATES By u ep a nt e 6047N 6047N Page 13 CITY Of NEWPORT BEACH AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for Automobile Liability, the City of Newport Beach, its officers and employees are additional insureds but .only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) awned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage." 3. The limits of liability under this endorsement for the additional insureds named in Paragraph .1. of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit: C Multiple limits Bodily Injury Liability S per person Bodily Injury Liability S per accident Property Damage Liability S ( ) Combined Single Limit Bodily Injury Liability and Property Damage Liability S 1,000,000 The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one accident or occurrence in excess of the limits of liability stated in the policy as applicable to Automobile Liability Insurance. 4. Should the policy be non - renewed, cancelled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. S. Designated Contract: CONTRACT NO 3795 rdjeCt 7t @ and ntrat o. This endorsement is effective 08/30/2007 at 12:01 A.M. and forms a part of 2466007- D17 -75 ��AA Policy No. 241 - 5229- A27- 75B--^ of STATE MP nyRMTo N ng' olverage Insured G2 CONSTRUCTION Producer PEGGY BATES 6047N 6047N Page 13 CITY OF NEWPORT BEACH AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such. insurance as Js afforded by the policy for Automobile Liability, the City of Newport Beach, its officers and employees are additional insureds but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented Ay an additional insured, or (3) operated by an additional insured. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage." 3. The limits of liability under this endorsement for the additional insureds named in Paragraph •1. of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit: f Multiple limits Bodily Injury Liability S per person Bodily Injury Liability $ per accident Property Damage Liability S ( ) Combined Single Limit Bodily Injury Liability and Property Damage Liability S 1,000,000 The limits of liability a$ stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one accident or occurrence in excess of the limits of liability stated in the policy as applicable to Automobile Liability Insurance. 4. Should the policy be non - renewed, cancelled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. S. Designated Contract: CONTRACT NO 3795 roject it a and ntrac o. This endorsement is effective 08130/2007 at 12:01 A.M. and forms a -part of Policy No. 241-5230-A27-75B of STA aFA M INSU ANCE y or 244- 8103- C22 -75C overage Insured G2 CONSTRUCTION EndorsemeRtAo. 6047N Producer PEGGY BATES , - By J 6047N Fax #: CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 9-4 -07 Dept. /Contact Received From: Shauna Oyler Date Completed: 94-07 Sent to: Shaun Company /Person required to have certificate: GENERAL LIABILITY By: April Walker G2 Construction A. INSURANCE COMPANY: NIC Ins. Co. B. AM BEST RATING (A: VII or greater): AX C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes ® No D. LIMITS (Must be $1 M or greater): What is limit provided? 2 mil agg/ 1 mil occ E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ® 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: State Farm Mutual Auto Ins. Co. B. AM BEST RATING (A: VII or greater): A + +XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM): What is limits provided? ® Yes ❑ No 1 mil occ E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ 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: State Compensation Insurance Fund B. AM BEST RATING (A: VII or greater): Not rated C. LIMITS: Statutory D. WAIVER OF SUBROGATION To include): Is it included? / ®Yes El No HAVE ALL ABOVE REQUIREMENTS BEEN MET ❑ Yes ® No IF NO, WHICH ITEMS NEED TO BE COMPLETED? General Liability: Ins. co. admitted. Auto: officials and volunteers missing from the addi i al insured endorsement. c License Detail Page 1 of 2 License Detail CALIFORNIA CONTRACTORS STATE LICEN Contractor License # 801253 DISCLAIMER A license status check provides information taken from the CSLB license data base. Before on this information, you should be aware of the following limitations: • CSLB complaint disclosure is restricted by law (B &P.71.24,6). If this entity is subject tc complaint disclosure, a link for complaint disclosure will appear below. Click on the fin button to obtain complaint and/or legal action information. • Per B &P 7071..17, only construction related civil judgments reported to the CSLB are disclosed. • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. • Due to workload, there may be relevant information that has not yet been entered ont Board's license data base. Extract Date: 08/2112007 * * * Business Information * * * G 2 CONSTRUCTION INC 13331 GARDEN GROVE BLVD STE H GARDEN GROVE, CA 92843 Business Phone Number: (714) 748 -4242 Entity: Corporation Issue Date: 11/20/2001 Reissue Date: 08/11/2006 Expire Date: 08/31/2008 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications * * * - Klaiil Description 0 GENERAL ENGINEERING CONTRACTOR C -8 CONCRETE C60 WELDI..NG * * * Bonding Information * * * http: / /www2.cslb.ca.gov /CSLB LIBRARY /License+Detail.asp 08/21/2007 License Detail Page 2 of 2 CONTRACTOR'S BOND: This license filed Contractor's Bond number 6350175 in the arc $12,500 with the bonding company - SUR. ETY COMPANY OF THE. PACIFIC. Effective Date: 01/01/2007 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) JOHI• ALVARADO certified that he/she owns 10 percent or more of the voting stock/equity of corporation. A bond of qualifying individual is not required. Effective Date: 08/13/2007 130I's_Bonding History * * * Workers Compensation Information * * * This license has workers compensation insurance with the STATE COMPENSATION INSURANCE_.FUND Policy Number: 229 - 0025974 Effective Date: 02/0112006 Cancellation Date: 09/24/20 Wo.rkers..Compensation__H. istory * * * Miscellaneous Information * * * Date Description 08/11/2006 LICENSE REISSUED TO ANOTHER ENTITY Personnel List License Number Request Contractor Name Request Personnel Name Request Number .... .......... .. Salesperson Request Salesperson Name Request © 2006 State of California. Conditions of Use Privacy Policy http: / /www2.cslb.ca.gov /CSLB_LIBRARY /License +Detail.asp 08/21/2007 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL CLIFF DRIVE PARK STAIRWAY & HANDRAIL REPLACEMENTS CONTRACT NO. 3795 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. 3795 in accordance 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 �P^i % ` '� ollars vC N- ;nd �L °/e a Cents Per Lump Sum 2. Lump Sum Pedestrian Access and Traffic Control ,s v,94o11 ars Cents Per Lump Sum 3. Lump Sum Remove and Dispose of Existing Stairs and Handrails ' ✓ €.V 0�// r7). Ca�S�7�'� jA�"��Dollars ���wti�ydd Per Lump Sum Cents $ o S" fox ox 77a a' Tao ea- PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 410 L.F. Aluminum Handrail Ciir v7 )ollAifS R 7'6ueMV0,12 and' C r-", s . Cents $ Per Linear Foot 40 C.Y. Concrete Dollars and fT F:r�crr c €Nis Cents $'f9,?. Per Cubic Yard 6. 2,700 LBS. Bar Reinforcing Steel Dollars /✓, and °= Cents $ / $ Per Pound Lump Sum As Built Plans @i✓lNe- �Dollars 0",//" CE -iS- Cents $ Per Lump Sum TOTAL PRICE IN WRITTEN WORDS j✓uv,��'v �o !C % y ���� ?�z�' � F° v? I,�UnJJ,i�'Z) %W�"'�D�7 �`� an' SIXTc _Cents 8 - -21 - �l �7 FAX. 7i�I- 'y` /8-ya5�y Bidder's Telephone and Fax Numbers Bidder's License No(s). and Classification(s) %/ 5/a2 6�.-�0 Total Price (Figures) Bidder Bidde s,Au)hodzed Signature and Title /333/ y ���r -•� dFti �ricoY� . Cc gwY3 Bidder's Address Last saved by adminsetop0712312007 11:39 AM f ,.WserslpbMsharedlcontractslfy 05 -0ftiff drive park stairway o-3795\poposal c-3795.doc PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS CLIFF DRIVE PARK STAIRWAY & HANDRAIL REPLACEMENTS CONTRACT NO. 3795 INTRODUCTION PART 1--- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 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 -1 LOCATION 5 -2 PROTECTION 5 -7 ADJUSTMENT TO GRADE SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 6 -7.4 Working Hours 6 -9 LIQUIDATED DAMAGES 1 1 1 1 1 1 2 2 2 2 2 2 2 2 9 KI K s c F' 6 -11 SEQUENCE OF CONSTRUCTION 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7.7 COOPERATION AND COLLATERAL WORK 5 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.1 Traffic and Access 6 7 -10.2 Storage of Equipment and Materials in Public Streets 6 7 -10.4 Public Safety 6 7- 10.4.1 Safety Orders 6 7 -10.5 "No Parking" Signs 7 7 -10.7 Notice to Residents 7 7 -15 CONTRACTOR LICENSES 7 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 7 SECTION 9 MEASUREMENT AND PAYMENT 8 9 -3 PAYMENT 8 9 -3.1 General 8 9 -3.2 Partial and Final Payment 9 PART 2 -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED 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 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 9 300 -1 CLEARING AND GRUBBING 9 300 -1.3 Removal and Disposal of Materials 9 300 -1.5 Solid Waste Diversion 10 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 10 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 10 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General SECTION 304 METAL FABRICATION AND CONSTRUCTION 304-2 METAL HAND RAILINGS 304-2.1.2 Fabrication SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 308 -1 GENERAL Last saved by adminsetup07111 12007 5:26 PM f. \uses \pbw\shared \oontracts\fy 05- 06\ctiffdrive park stairway o-3795\specs index �3795.doc 10 10 10 10 10 10 10 SP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS e QRq 7-� CONTRACT NO. 3795 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. P- 5209 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of removing existing railroad -tie stairs, foundations, and handrails, and constructing concrete stairs with aluminum handrails. In addition, this work shall include removing existing wooden structures over Avon Street drainage and replacing with concrete slabs." 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: SP2OF12 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. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -1 LOCATION. Add the following after the 3rd paragraph: "Upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 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 or replace to finish grade City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. SP 3 OF 12 The Contractor will be required to contact Southern California Edison, The Gas Company, SBC Telephone, cable television, and other utility facilities to have existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities. SECTION 6 - -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed." No work shall begin until a "Notice to Proceed" has been issued, a pre - construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 60 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1st; the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve — half day), December 25th (Christmas), and December 31st (New Year's Eve — half day). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." SP 4 OF 12 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, 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, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $60.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7.1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly, preplanned, continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." 6 -11 SEQUENCE OF CONSTRUCTION. The Contractor shall stage the construction in order to maintain a pedestrian accessible path between Cliff Drive and Avon Street during demolition and construction work. The Contractor shall detour path users to other available stairways in the park during stairway replacement work. The two stairways in the middle of the park that have no alternative route through the park will be constructed last in order to minimize the time the park is closed to pedestrian traffic. Type II barricades shall be located at the beginning and end of each individual closed park path from time of removal until placement of backfill, installation of handrails, and final cure of stairway. No park stairway shall be opened prior to the installation of the handrails. SP5OF12 SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. 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. " 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "if the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7-8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at htt�: / /www.citv.newport- beach. ca. us/oubworks/li n ks. htm." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storrn water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuuming the residue. SP6OF12 f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 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 accordance 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, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necesshry 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 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 obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre - construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.4 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. SP 7 OF 12 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. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty-eight hours prior to the start of construction, the Contractor shall distribute to the 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. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the SP 8 OF 12 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 reviewed by the Engineer at the time each progress bill is submitted. The "As- Built' plans shall be submitted and approved by 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, including restoring all existing improvements, 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 or BMP Plan and construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Pedestrian Access and Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 3 Remove and Dispose of Existing Stairs and Handrails: Work under this item shall include removing and disposing of the existing railroad -tie stairs, concrete foundation and existing handrail, preparing existing grade for new stairs, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Item No. 4 Aluminum Handrail: Work under this item shall include fabrication, painting, and installation of the Aluminum Handrails, restoring all existing improvements SP 9 OF 12 damaged by the work, and all other work items as required to complete the work in place. Item No. 5 Concrete: Work under this item shall include all labor and materials associated with preparing, placing, and finishing concrete per plan and Specs, including any required formwork or falsework, and all other work items as required to complete the work in place. Item No. 6 Bar Reinforcing Steel: Work under this item shall include fabrication, delivery, and installation of the reinforcing steel required on the project per plan and specifications, and all other work items as required to complete the work in place. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560 -C- 3250." 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 steel conforming to ASTM A615 with 2 -inch minimum cover unless shown otherwise on the plans." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Sold Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at http: //www. city. newpo rt- beach.ca. us /GSV /Frachised %20 Haulers. htm." SP 10 OF 12 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 303- -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement." SECTION 304 -- -METAL FABRICATION AND CONSTRUCTION 304 -2 METAL HAND RAILINGS 304 -2.1.2 Fabrication. Add to this section: "All exposed surfaces shall receive an architectural anodized finish, with brown dye, in conformance with Aluminum Association Standard SSA -46 or AAMA 611 standard. Processing shall be sulfuric acid or equivalent anodizing with electrolytic or immersion deposited inorganic pigmentation in the coating. The resulting anodized finish shall be continuous, fully sealed and free of powdery surfaces, smut and blemishes. Prior to the fabrication of the railings, the Contractor shall submit a sample of the material to the Engineer for color approval." 304 -2.1.3 Installation. Add to this section: "Prior to installing the handrail posts, the Contractor shall insulate the aluminum posts from contact with the concrete by means of a zinc - chromate coating and /or a heavy coat of alkali- resistant bituminous paint or by embedding post in a non - shrink, non - metallic hydraulic grout manufactured for use with aluminum posts." SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor SP 11 OF 12 shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. The Contractor shall arrange to meet for this work with the City's Urban Forester, Mr. John Conway at (949) 644 -3083 a minimum of five workdays prior to beginning the work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he/she shall cease work at that location and immediately contact the City's Urban Forrester for inspection. Upon inspection, the Urban Forrester may require the Contractor to formally submit a plan for removing the large roots to the City for review. The submittal shall adhere to the following guidelines. 1. Root Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using a root - pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root - cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and/or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and /or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump - grinding machine instead of a root - pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. SP 12 OF 12 d. Roots greater than two inches in diameter that must be removed, must be pre- approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. F:1Users\PBW1SharedlContracts \FY 05- 061CLIFF DRIVE PARK STAIRWAY C- 37951SPECS C- 3795.doc Last saved by tsandefur07J18/2007 5:14 AM CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT SEP Agenda Item No. 9 September 11, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Tom Sandefur 949 -644 -3312 or tsandefur @city.newport- beach.ca.us SUBJECT: CLIFF DRIVE PARK STAIRWAY AND HANDRAIL REPLACEMENTS - AWARD OF CONTRACT NO. 3795 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3795 to G2 Construction, Inc. for the Total Bid Price of $147,426.60, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $14,700 to cover the cost of unforeseen work. DISCUSSION: At 10:30 a.m. on August 21, 2007 the City Clerk opened and read the following bids for this project: BIDDER Low G2 Construction, Inc. 2 Excel Paving Company TOTAL BID AMOUNT $147,426.60 $299,150.00 The low total bid amount is 3% above the Engineer's Estimate of $142,500. The low bidder, G2 Construction, Inc., possesses a California State Contractors License Classification A as required by the project specifications. A check of the Contractors references indicates they have satisfactorily completed similar projects for other municipalities. The work necessary for the completion of this contract consists of removing existing railroad -tie stairs, foundations, and handrails, and constructing concrete stairs with aluminum handrails. In addition, this work shall include removing existing wooden structures over the Avon Street drainage channel and replacing with concrete slabs. Pursuant to the Contract Specifications, the Contractor will have 60 consecutive working days to complete the project. e Cliff Drive Park Stairway and Handrail Replacements —Award of Contract No. 3795 September 11, 2007 Page: 2 Environmental Review: • This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work two City prepared notices are distributed by the contractor to both residents and businesses. The first notice will be distributed ten days before work in the area and the second notice 48 hours prior to starting work in the area. Geotechnical, Material Testing, and Survey Services: In addition to the contract costs, approximately $3,000 in consulting geotechnical and materials testing services are estimated for this project and will be performed under an on -call professional services agreement. Survey services are included within the construction contract. Funding Availability: There are sufficient funds available in the following account for the project: • Account Description Account Number Amount General Fund 7015- C3170816 $ 165,126.60 Total: $ 165,126.60 Proposed uses are as follows: Vendor Purpose Amount G2 Construction, Inc. Construction Contract $ 147,426.60 G2 Construction, Inc. Construction Contingency 14,70.0 On -Call Geotechnical Materials Testing $ 3,000 Total: $ 165,126.60 Prepared by: Submitted by: Tom Sandefur �St phe G. Badum Associate Civil Engineer Pu Works Director Attachments: Project Location Map Bid Summary • LOCATION MAP CLIFF DRIVE PARK STAIRWAY & HANDRAIL REPLACEMENTS CONTRACT NO. 3795 - 4 -m PROJECT LOCATION -� CLIFF DRIVE J� 2 y� cpgsry'GHwq� r TITLE: CLIFF DRIVE PARK STAIRWAY AND HANDRAIL REPLACEMENTS ENGINEER'S ESTIMATE: PROJECT MANAGER: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BID LOCATION: City Clerk's Office - City Hall DATE: 21- Aug -07 TIME: 10:30 BY: T. Sandefur CHECKED: DATE: M F :\Users \PBW \SRa9ied4Contra6ts\FY 07- 08\CLIFF DRIVE PARK STAIRWAY C- 3795\BID SUMMARY As • • • ENGINEER'S ESTIMATE G 2 CONSTRUCTION, INC. EXCEL PAVING COMPANY ITEM DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT 1 Mobilization 1 LS 10,000.00 10,000.00 10,500.00 - 10,500.00 12,500.00 12,500.00 2 Pedestrian Access and Traffic Control 1 LS 2,000.00 2,000.00 6,772.00 6,772.00 6,000.00 6,000.00 3 Remove and Dispose of Existing Stairs and Handrails 1 LS 20,000.00 20,000.00 16,720.00 16,720.00 20,000.00 20,000.00 4 Aluminum Handrail 410 LF 175.00 71,750.00 128.24 52,578.40 270.00 110,700.00 5 Concrete 40 CY 800.00 _ 32,000.00 798.58 31,943.20 3,570.00 142,800.00 6 Bar Reinforcing Steel 2,700 LB 2.50 6,750.00 7.19 19,413.00 2.00 5,400.00 7 Provide As -Built Plans I 1 LS 3,000.00 - 3,000.00 9,500.00. 9,500.00 1,750.00 1,750.00 EE 1 145,500.00 LOW 147,426.60 2ND 299,150.00 M F :\Users \PBW \SRa9ied4Contra6ts\FY 07- 08\CLIFF DRIVE PARK STAIRWAY C- 3795\BID SUMMARY As • • • 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Wlani 1. Brown, MMC March 25, 2009 G2 Construction, Inc. 13331 Gardena Grove Boulevard, Ste. H Garden Grove, CA 92643 -2254 Subject: Cliff Drive Park Stairway & Handrail Replacements (C -3795) To Whom It May Concern: On March 25, 2008, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on May 8, 2008. The Surety for the contract is Suretec Insurance Company, and the bond number is 4363174. Enclosed is the Faithful Performance Bond. Sincerely, Leilani 1. Brown, MMC City Clerk enclosure 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 0 0 BOND PREMIUM IS SUBJECT TO CHANGE BASED ON FINAL CONTRACT PRICE BOND ISSUED IN QUADRUPLICATE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CLIFF DRIVE PARK STAIRWAY & HANDRAIL REPLACEMENTS CONTRACT NO. 3795 BOND NO. 436317 I ;Vkl. Ace) V L, :. : • The premium charges on this Bond is $ 3.211.00 , being at the rate of $ 21.76 PER thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Name of Contractor, hereinafter designated as the "Principal', a contract for construction of CUFF DRIVE PARK STAIRWAY & HANDRAIL REPLACEMENTS, Contract No. 3795 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Pubic 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. 3795 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and SURETECINSURANCECOMPANY duly aufhorized 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 -sEE COIN 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. ONE HUNDRED FORTY-SEVEN THOUSAND FOUR HUNDRED TWENTYSLX DOLLARS AND 601100 1$147AN.60) THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's helm, executors, admnistrators, 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 speed, and in all respects according to its true intent and meaning, or falls to Indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, In an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 28 0 0 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, Incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall In any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duty executed by the Principal and Surety above named, on the 77 day of AUGUST 2007. 01 CONSTRUCTION, INC. Name of Contractor (Principal) SURETEC INSURANCE COMPANY Name of Surety 3033 6TN AVE., STE. 300, SAN OfEGO, CA 92103 Address of Surety (619 )400.4106 Telephone rized Slgnature/TitIe ATTORNEY•W-FACT and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of 061 hh0 ✓Y!IA County of 0K4 ) On before me, Uo� l A U r 6 mere inset n4rhe erd zinc of the personally appeared C (or proved to me on the basis of satisfactory evidence) to be the person(vj whose name(*"is/ac- subscribed to the within instrument and acknowledged to me that he/ehEVk7rexecuted the same in his4ie0dreirauthorized capacitykies), and that by his/herfdreir signaturejo on the instrument the personal, or the entity upon behalf of which the persoTlA acted, executed the instrument. DAISY JAUREGUI WITNESS hand and official seal. COMM. # 1717809 = Z • NOTARY PUBLIC - CALIFORNIAC_ ORANGE COUNTY MY Comm. Expires Jan. 16, 2011 tgri of ovary Public (Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT P44y; d PA S .>21 (Tale or dCSCripl&n or attached document (Title or description of attached document continued) Number of Pages Document Date_ r'— (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (a) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLET NG THIS FORM Any acknowledgmenl completed in Caliti mia mart contain serNage eraetiy as appears above in the notary section or a separate acknowledgment form mast be property completed and attached to that document At only exception is if a document is to be recorded outside ofCalifwoia. In such imanees. any aloe native acknowledgment verbiage m may be printed an stach a document so long as the verbiage does not require the notary to do something that is illegal for a notary In California (i.e. certifying the authorised capacity of the signer). Please check the daeumem carefully far proper notarial wording and attach this fwm ifrequurd. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public kx ackrowtedgrnent. • Date of notarization trust be the date that the signer(s) personally appeared which must also be the some date the adnowledgmau is completed. • [be rotary Public must pint his or her name as it apprars within his or her commission followed by a comnu and then your title (nouary public). • Prim the name(s) of document signa(s) who personally appear at the time of Warmwoon. • Indicate the correct singular or plural forts by crossing off incorrect forms (i.e. IWsheldwtr is rooe ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The Mary seal impression must be clear and photographically reproducible. Impression must not oova text or lines. If seal impression smudgn, reseal if a sufficient area permits, otherwise complete a different ackrowledgmeru form. • Signature of the notary public mua match the signature on file with the office of the county clerk. • Addiduosl information is trot required but could help to enure this ackoowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporue officer, indiute the title (i.e. CEO. CFO, Secretary). • Securely attach this document to the signed document CarA vi 2, 10 m 0 by Ano,vaon or sofa n a css sao.stsaaas. w ao,ayoom 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF ORANGE ) On AUGUST 31, 2007 before me, JENNIFER C. GIBONEY, NOTARY PUBLIC OF NOTARY PUBLIC personally appeared, YUNG T. MULLICK personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose namc(s) is /are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. JENNFERC.C40NEY 0 COMM. #t 1470%5 > t ' Op RANGP E COUNTY H MrCwm Egk&F&wy v, zoos X i{WI1W #W9&, A_ (SEAL) ARY PUBLIC SIGNATURE OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK [AVonne M. Harkless. MMC May 8, 2008 G2 Construction, Inc. 13331 Gardena Grove Blvd, Ste. H Garden Grove, CA 92843 -2254 Subject: Cliff Dr. Park Stairway & Handrail Replacements (C -3795) To Whom It May Concern: On March 25, 2008, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on April 2, 2008, Reference No. 2008000151853. The Surety for the contract is Suretec Insurance Company and the bond number is 4363174. Enclosed is the Labor & Materials Payment Bond. Sincer y, G c -V- i LaWn>. H ess, MMC City Clerk cc: Public Works Department 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 C-, -: RECORDING REQUESTEb 6Y AND WHEN RECORDED RETURN,T9:.. City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 This Documenlos electronically recorded by Cert Mail E — rtecorded In Official Records, Orange County Tom Daly, Clerk- Recorder ?n IIIIIIIiI11II� NO FEE 2008000151853 10:37am 04102/08 100 30 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 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and G2 Construction, Inc. of Garden Grove, California, as Contractor, entered into a Contract on September 11, 2007. Said Contract set forth certain improvements, as follows: Cliff Drive Park Stairway & Handrail Replacements (C -3795) Work on said Contract was completed, and was found to be acceptable on March 25. 2008, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Suretec Insurance Company. Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on r l4yC/' 1 gyp, ;00h , at Newport Beach, California. BY Jew,, N City Clerk 0 BOND PREMIUM IS INCLUDED IN PERFORMANCE BOND BOND ISSUED IN QUADRUPLICATE 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CLIFF DRIVE PARK STAIRWAY & HANDRAIL REPLACEMENTS CONTRACT NO. 3795 BOND NO. 476J174 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by nation adopted, has awarded to Name of Conbsetor, hereinafter designated as the "Principal,° a contract for construction of CLIFF DRIVE PARK STAIRWAY & HANDRAIL REPLACEMENTS, Contract No. 3795 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. 3795 and the terms thereof require the fumishing of a bond, providing that if Principal or any of Principars subcontractors, shall fail to pay for any materiels, 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 Prlwpal, and, SURETEC INSURANCE COMPANY duty authorized to transact business under the laws of the State of California, as Surety, (referred to herein as " SureV) are held firmly bound unto Me City of Newport Beach, in the sum of -SEE BELOW 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 ONE HUNDRED FORTY-SEVEN THOUSAND FOUR HUNDRED TWENTYSU( DOLLARS AND 601100 (5147,426.60) THE CONDITION OF THIS OBLIGATION IS SUCH, that If the Principal or the Principal's subcontractors, fall 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 3260 of the Civil Code of the State of California. 26 0 0 The Bond shall Inure to the benefit of any and aN persons, companies, and corporations entitled to file cialms under Section 3181 of the Califorria Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and In accordance with the provisions of Sections 3247 at seq. of the Civil Code of the State of Celiforris. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terns of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from Its obligations under this Bond. IN WITNESS WHEREOF, this Instrument has been duty executed by the above named Principal and Surety, on the " day of AUGUST 2007 62 CONSTRUCTION, INC. Name of Contractor (Principal) SURETEC INSURANCE COMPANY Name of Surety 3033 STN AVE. STE. ADO, SAN DIEGO, CA 5210.7 Address of surety 161%400.4ioe Telephone / Signature YUNG T. !"K ATTORNEY - INTACT Print me and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Ca114 rrr / a ) County of Qrgrlg(r ) On S her 20, zwj before me, 1 nn ,l� II title of the personally appeared J�kr f� /TIVLikrAdO (or proved to me on the basis of satisfactory evidence) to be the person06 whose nameft) islaw subscribed to the within instrument and acknowledged to me that hclAitetlitay-executed the same in his9ur/tbeirauthorized capacity(hmj; and that by hisamlAtairsignaturehs) on the instrument the person, or the entity upon behalf of which the person(Wacted, executed the instrument. DAISY JAUREGUI my h and official seal. COMM. # 1717809 = Z NOTARY PUaL1C - CALWORNIA3 ORANGE COUNTY 1 lady Comm. Expires Jan. 16.2011 r lure Notay Public (Sal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT &-(Crm . PEA,_ ,�n (Tole or description lifflittached document) (Title or description of anaehrd donanem continued) S Number of Pages '-,:L_�cumau Date �- (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Tide) ❑ Partner(s) ❑ Attorney -in -Fan ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed N California must mnmin verbiage e-Wcdy as appears above in the rtomry section or a separate acknowledgment form must he property completed and atmched to chat document. the only reception is il' a document is to be recorded outside of CaliJornla. In such Intranet, any alternative acknowledgment verbiage as may be printed on such a document so long as the verhroge does not require the notary io do something that is Illegal for a notary in California fie. certifying the authorized capacity of the sign"). Please check the document carefully furprop" nomrial wording andntmch this fbrm!(required. • State and County infomation must be the State and County what the document signer(s) personally appeared before the notary public foe acknowledgment. • Data of notarization most be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The "ivy public must print his at her nine as it appears within his or her commission followed by a earn", and then your title (notary public). • Rim the name(s) of document signa(s) who personally appal at the time of notarization. • Indiate the correct singular or plural forms by crossing off incorrect forms (i.c IWsMhberi is faro ) or circling the correct fame Failure to correctly indicate this informwion may lead to rejection of doc5anew recording. • The notary sal impression most be clear and photographically reproducible. Impression rerun not cover tent or Iina. If sal impression smudges, m -seal if a sufficient area panties, otherwise complete a different acknowledgment farm. • Signuurc of the notary public must match the signature on file with the office of the county class. • Additional information is not required but could help to eruure this acknowledgment is vet misused or attached to a differem docwnem. • Indicate title or type of attached documat. member of palm and date. O Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer. indicate the title (ic. CFA• CFO, Secretary). • Savmly attach this doaanenl to the signed document CAPAvtr 100 "bt Act waPUfmacl Ne &CSASaW3s • .� 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA • I • • t7 ;7c�►C On AUGUST 31, 2007 before me, JENNIFER C. GIBONF..Y, NOTARY PUBLIC NAME OF NOTARY PUBLIC personally appeared, YUNG T. MULLICK personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /shelthey executed the same in his/her /their authorized c:apacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. JENNIFER G G180NEy WITNESS my hand and official seal. a ��4 COMM. 1470955 > counter Mr m rays, r� 17, 2008 r AI W C a&UM (SEAL) 00TARY PUBLIC SIGNATuRT OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT 0 0 UZt'F 510002 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know AN Men by 77tat Presexa, That SURETEC INSURANCE COMPANY (the "Company, a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Jennifer C. Giboney, James W. Malanen, Yung T. Mutick of Mission Viejo, CA its true and lawful Atorney(s )-in -fact, with full power and authority hereby contacted in its name, place and aterad, to execute, acknowledge and deliver any and ail bonds, recognizances, undertakings or other instrtnnenis or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no /100 ($5.000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Aftmey(s )-in -Fact may do in the premises. Said appointment shall continue in force until 10/31109 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec insurance Company: Be it Resolved that the Presider, any Vice• President, any Assistant V'nwPresideM any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Anorney(s}tn-Fact to represent and as for and on behalf of the Company subject to the following provisions- Atlorneyin -Fact may be given full power and authority for and in the name of and of bluff of the Company, to execute, acknowledge and deliver, any aral all bonds, moognlzences, contracts, agreements or indemnity and other conditional of obligatory undertakings and any and all notices and document cartceUng or terminating the Company's liability thereunder, and any such instruments so exemtwd by any such Attnmey- in-Paci shell be binding upon the Company as if signed by the President and waled and affected by the Corporate Secretary. Be R Raohv%t that the sigoMm of any authorized off ccr and sW of the Company heretofore or hereafter affixed to any pourer of attorney or any artificers relating ttxrcto by facsimile, and any power of attorney or certificate baring facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached (Adopted at a meting bald on 200 of AprA 1 "9.) In R%rets Whemf,, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of Jane, A.D. 2005. TEC iSURANCE COMPANY ss' %arwtiFC w �Gr y O By: �`„ �1 y I3.J. id t Stars of Texas ss: /! 8 County of Hems ■ On this 20th day of June, A.D. 2005 before me personally carne B.1. King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston. Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above insrument: that he knows the sal of said Company; that the sal affixed to said instrument is such corporate sal; that it was so affixed by order of the Board of Directors of said Company, and thin he signed his new thereto by like order. ISwhow Derm safa>d%= 'h'LY.111eU2 btu, 11111 c a "WI 6pka Michelle Denny, Notary P� AtK,JUd 27, 2008 My commission expires August 27, 2009 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct Copy of a Power of Attorney, executed by said Company, which is still In full force and effort; and funbennere, the resolutions of the Board of Directors, so out h the Power of Anomey are In full force and of ett. Given under my hand and the seal of said Company at Houston, Texas this 31 =tA UGUST 20 0 7 AD. e terry Any Instrument bsued In excae of the penalty Stated above Is tot* Vold awl w1thout *try valfdlty. For Verification at the rntMiall, of this power you a" call 91211112 -0200 any buslnns dry between 8..00 am std &'00 Pre CST. t , w • • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless. MMC March 26, 2008 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for Cliff Drive Park Stairway & Handrail Replacements(C -3795 ) Please record the enclosed document and return 9 to the City Clerk's Office. Thank you. Sincerely, 64 lrx�� /;� - 4,�, LaVonne M. Harkless, MMC City Clerk Encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach. California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 0 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and G2 Construction, Inc. of Garden Grove, California, as Contractor, entered into a Contract on September 11, 2007. Said Contract set forth certain improvements, as follows: Cliff Drive Park Stairway t£ Handrail Replacements (C -3795) Work on said Contract was completed, and was found to be acceptable on March 25. 2008, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Suretec Insurance Company. Newport Beach VERIFICATION certify, under penalty of perjury, that the foregoing is true and oorrect to the best of my knowledge. _�� � r/ Executed on "'' `"" 1(00;LV at Newport Beach, California. BY City Clerk 0 • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT C - 31gT PylJ'o offl) Agenda Item No. 8 March 25, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Tom Sandefur 949- 644 -3312 or tandefur @city.newport- beach.ca.us SUBJECT: Cliff Drive Park Stairway and Handrail Replacements — Completion and Acceptance of Contract No. 3795 RECOMMENDATIONS: Accept the completed project work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On September 11, 2007 the City Council authorized the award of the Cliff Drive Park Stairway and Handrail Replacements to G2 Construction. The contract provided for the removal of the existing wooden stairs and handrail and the installation of concrete stairs and aluminum handrail. 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: $147,426.60 Actual amount of bid items constructed: $147,426.60 Total amount of change orders: $8,794.00 Final contract cost: $156,220.60 The final overall construction cost including Change Orders was 6 percent over the original bid amount. Two Change Orders in the amount of $6,544 provided for the construction of two stair headwalls and some additional concrete sidewalk removal and replacement, and one Change Order in the amount of $2,250 provided for an emergency handrail repair on Balboa Peninsula.