Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
C-3864 - Mariners Park Library and Restroom Demolition
RECORDING REQUESTED BY AWD ° J Official Records, orange County _ dy -g erk- Recorder WHEN RECORDED RETURN TO:' IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINIIII�nIIIIIIIIIIIIIINO FEE City Clerk `' ' 22 20066B1 % 08:01am 01/11/08 City of Newport Beach 105 48 N12 1 3300 Newport Boulevard 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION l° NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, Califomia, 92663, as Owner, and Good Life, Inc. dba U.S. Construction & Trucking (U.S. Construction) of Tustin, California, as Contractor, entered into a Contract on April 24. 2007. Said Contract set forth certain improvements, as follows: Mariners Park Library and Restroom Demolition (C -3864) Work on said Contract was completed, and was found to be acceptable on January 8, 2008, by the City Council. Title to said property is vestefi in the Owner, and the Surety for said Contract is North American Specialty Insurance Company. Y P ic rks Director City o Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. n Executed on BY J. Defu I City Clerk at Newport Beach, California. 0 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. S22 January 8, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Frank Tran 949 -644 -3340 or ftran@city.newport-beach.ca.us SUBJECT: MARINERS PARK LIBRARY AND RESTROOM DEMOLITION — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3864 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 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 April 24, 2007, the City Council authorized the award the Mariners Park Library and Restroom Demolition to Good Life, Inc. dba U.S. Construction & Trucking / Good Life Inc. (U.S. Construction). The contract provided for the demolition of the old Mariners Library for the new Mariners Park Redevelopment. 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: $84,796.00 Actual amount of bid items performed: $84,796.00 Total amount of change orders: $2,237.00 Final contract cost: $87,033.00 The increase in the amount of actual bid items constructed over the original bid amount resulted from one Change Order for the removal and disposal of the asbestos ducting found under the slab. The final overall construction cost including Change Orders was. 2.64 percent over the original bid amount. Ma! Park Library and Restroom Demolition - Completod Acceptance of Contract No. 3884 January 8, 2008 Page 2 Other Project Costs: In addition to the primary construction contract, this project involved construction inspection serviecs. Total project expenses are summarized as follows: Construction Construction Inspection Total Project Cost Environmental Review: Not applicable for this project. Public Notice: $87,033.00 971.33 $88,004.33 Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Funding Availability: Funds for the construction contract were expended from the following accounts: Account Description Account Number Amount General Fund 7015- C4120718 $59,300.00 General Fund 7015- C5100817 $27,733.00 Total: $87,033.00 All work was completed on August 10, 2007, the scheduled completion date. Prepared by: Frank Tran, PE Associate Civil Engineer Submitted "ems G.13a*u—m Public Works Director 0 • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC January 9, 2008 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for Newport Coast Community Center (C -3577) Notice of Completion for Santa Ana Heights Fire Station No. 7 (C -3626) Notice of Completion for Mariners Park Library and Restroom Demotion (C -3864) Please record the enclosed Notice of Completions and return them to the City Clerk's office. Thank you. Sincerely, Leilani I. Brown, CMC Deputy City Clerk Enclosures 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 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 Good Life, Inc. dba U.S. Construction & Trucking (U.S. Construction) of Tustin, California, as Contractor, entered into a Contract on Aaril 24. 2007. Said Contract set forth certain improvements, as follows: Mariners Park Library and Restroom Demolition (C -3864) Work on said Contract was completed, and was found to be acceptable on January 8, 2008, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is North American Specialty Insurance Com an . Y P ic�p/ rks Director City o {Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on at Newport Beach, California. �aEWPORr BY L ����ity Clerk +D vG4soaN•t • CITY CLERK CITY OF NEWPORT BEACH _ z NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 AM on the 10th day of April, 2007, at which time such bids shall be opened and read for MARINERS PARK LIBRARY AND RESTROOM DEMOLITION Title of Project Contract No. 3864 $55,000 Engineer's Estimate Approved by py Wphen G. Badum P lic Works Director PLAN HOLDER LIST AVAILABLE ON CITY WEBSITE httD7/1www.citv.newDort- beach.ca.us CLICK: • Online Services • Public Works Contracts Bidding Prospective bidders may obtain one set of bid documents for $10 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "A, B, or C -21 " For further information, call Frank Tran, Project Manager at (949) 644 -3340 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS PARK LIBRARY AND RESTROOM DEMOLITION CONTRACT NO. 3864 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ........................................................ .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ .............................:. PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 2 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS PARK LIBRARY AND RESTROOM DEMOLITION CONTRACT NO. 3864 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. The Mariners Park Old Library and Restroom shall be opened on April e, 2007 from 9:00 AM to 11:00 AM for inspection. it is located at 2005 Dover Drive, Newport Beach. 3. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid prig) may be received in lieu of the BIDDER'S BOND. The title of the project and the words °Sealed Bid° shall be dearly 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 multipfication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 at seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the .Labor Code Apprenticeship requirements and Section 4100 at seq. of the Public Contracts Code, 'Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. Contractor's License No. & Class cation _9'A/07 Date 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT • Bond #18 -B Premium Nil MARINERS PARK LIBRARYAND RESTROOII,I, DEMOLITION • ift. � • BIDDER'S BOND We, the undersigned Principal and. Surety, our successors and assigns, executors, heirs and administrators, agree to'6e jointly and severally held and firmly bound to ft City of Newport Beach, a charter city, in the I sum of Ten Percent of Amount Bid Dollars ( �%- ), to be paid and forfelted to the City 01 Newport Beach g the bid proposal of the undersigned pnnclpal for the construction of MARINERS PARK LIBRARY AND RESTROOM DEMOLITION, Contract No. 3WA 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 forms) 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 malting of 'Notifltretfon of Award`, otherwise this obligation afmll become null and void it 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. J. of Contractor (PrIncipal) North American .Specialty Insurance Company Name of Surety Authorized.Agent Signature 701 S. Parker St:, Suite 3800 .Orange, CA 92868 Address of Surety (714) 550 -7799 Telephone David L. Culbertson /Attorney -in -fact Print Nam and Title (Notary acknowledgment of Princlpal & Surety must be attschsO s STATE OF CALIFORNIA) ) ss: COUNTY OF ORANGE ) On May 3. 2007, before me, M Locev personally appeared Susan Bierria, 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 has 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 acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for sai Official Notarial Seal • • CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 04/09/07 before me, LEXIE P - j!]LIM 1131" personally appeared known to me to be the within instrument and same in his authorized instrument the person person acted, executed DAVID L. CULBERTSM personally person whose name is subscribed to the acknowledged to me that he executed the capacity, and that by his signature on the or the entity upon behalf of which the the instrument. WITNESS my hand and official seal. LEXIESHERWOOD COMM. #1593951 r NOTAf.Y PUBLIC C/WFORNN n signat Notary PU is ORANGE COUNTY Comm. Exp. JULY 27, 2009 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR TTM OF DOCUMOM NUMB= OF PAGES 1 DJ= of DOCUMEMIT 04/09/07 CAPACITY CLAYIWD BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE (S) ❑ PARTNER(S) M ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ OTHER: SIGNER IS REPRESENTING: NORTH AMERICAN SPECIALTY INSURANCE COMPANY NAME OF PERSON(S) OR ENTITY(S) r .. ..... ... ...... _......_... -- ...... - --- .......... . ... ........ NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint DAVID L. CULBERTSON, CHARLES L. FLAKE, RICHARD A. COON, _ MATI`HEW P. FLAKE and LEM SHERWOOD -- JOINTLY OR SEVERALLY Its true and lawhd Attomey(s)- in•Fact, to make, execute, seal and deliver, for and an its behalf and as its act and dad, bonds or other writings obligatory in the nature of a bond on behalf ofeach of said Companies, as surety, on contracts of suretyship as are or may be required w pemdtted by law, regulation, contract or otherwise, provided that no bond or undettaldng or contract or suretyship executed under this authority shall exceed the amount of. TEN MILLION (10,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the fallowing Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24' of March, 2000: "RESOLVED, that any two of the President, any Executive Vice president, any Vice President, any Assistant Vice President, the Secretary or my Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate hearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the futurd with regard to any band, undertaking or contract of surety to which it is attached." �>fh� By satmr .Awe,e..,w...aaraeWru.. now orw Woftra,...mdrw. Cep "& R_ «waNwft"w asrreayn.......Ca y SEAL BY uym cawr.cWenraw.2a9ru r.NAw..r r.W,.A,.C.vvmra came are~b Aoe,rmaa:r.rbrm..u..CS.,p.wy IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Inaimoce Company have caused their official seals to be hereunto affixed, turd these presents to be signed by their authorized officers this 22nd day of 06 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page as' On this 22ndday of Jane . 200.6 before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Via President of North American Specialty Insurance Company and David M. layman , Vice President of Washington International Insurance Company and Vice President of North American Specialty husurance Company, personally known to roe, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instnunent to be the voluntary as and deed of their respective companies. �OFFICIALSEAL" C`r� BvsANAN$EL ttolaryptoc,volool cis Stinson Ansel, Notary Public [, James A. Cementer the duly elected Assistani�rreta.v of Nordn America Specialty hnsurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and Correct copy of a Power of Attorney given by said North American Specialty insurance Company and Washington International Insurance Company, which is still in full force and etfecL IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 9 th day of April Y0 07 2. . i�. ]mmAhrycrQ.Naa,A�.+. awwCe.eP.tnmmaa.pllmmorn Cw�.ga. Best's Rating Center - Company I•n ormation for Nortb American Specialty Insurance Co View Ratings: Financial Strength Issuer Credit Securities Add ancad Search Rstrgs DetlNNorrs t sevchBeetb wirw Pre•e Relwes i Pradacta / �RJrt od Rdea tlft North American Specialty Insurance Co Page 1 of 1 Other Web Centers: l' (a member of %viss Re grew) Assgned m.".I. talk have A.M.Best #:01866 N10CP. 2 9674 FEIN N: 020311919 mr opinim a superior atity b nwr Address: 650 Elm Street Phone: 603- 644 -6600 Wit orgmrM aagatonsm po corgair s. Manchester, NH 03101 -2524 Fax: 603 - 644 -6613 Web: www.swigsm ccom Best's Ratings Financial Strength Ratings View Definitions Issuer Credit Ratings View Defni ions Rating: A+ (Superior) Long -Term: as Affiliation Code: g (Group) Outlook: Negative Financial Size Category: XV ($2 billion or more) Action: Assigned Outlook: Stable Date: August 23, 2006 Action: Affirmed Effective Date: August 23, 2006 * Denotes Under Review Best's Ratings Reports and News Visit our NewsRoom for the latest news an_dpmss.releases for this company and its A.M. Best Group. Best's Company Report - includes Best's Financial Strength Rating and rationale along with comprehensive analyt �detailed business overview and key financial data. t Report Revision Date: 08/2312006 (represents the latest significant change). 'l Historical Reports are available in Best's Company Report Archive. _lam Best's Executive Summary Reports (Financial Overview) - available in three versions, these presentation style n 3 sheet, income statement, key financial performance tests including profitability, liquidity and reserve analysis. t-" i Data Status: 2007 Best's Statement File - P /C, US. Contains data compiled as of 4/9/2007 (As Received). • Single Comoanv - five years of financial data specifically on this company. • C - 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. Report displays both the avers composite of your selected peer group. Note: Adobe Reader is required to view the reports listed above. This software is available free from Adobe System: option is also available once the report has been opened using Adobe Reader. CCBsat s KgY.Rafing.C,uide P.resentation.ReporT - includes Best's Financial Strength Rating and financial data as pri Rating Guide products. Data Status: 2005 Financial Data (Quality Cross Checked). Financial and Analytical Products Best's.PropertylCasualty Center.- Premium.pata & Reports Best's Key Rating Guide . P/C US_& Canada Best's Statement ,File-7 US BesC -s Stalementfite..- .GtobaI Best's Insurance Reports - RIC US & Canada Best's State Line.- P /C, -US Bests Insurance Expense Exhibit It EE) - P/C US Beefs_Stale/Line (Combined Lines) - P!C US - Customer $ery)ge P[ _ _gt Support I Member Center I Contact.lnfo Cem[s About A.M. Best I Site Mao I En vac)0 licy I Secud I Terms of Use I Legal & Licensing Copyright ® 2007 A.M. Best Company, Inc. All rights reserved. A.M. Best worldwide Headquarters, Ambest Road, Oldwick, New Jersey, 08858, U.S.A. http:// www3 .ambest.com/ratings/FullProfile .asp ?B1= 0 &AMBNum= 1866 &A1tSrc =1 &Alt... 04/10/2007 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 MARINERS PARK LIBRARY AND RESTROOM DEMOLITION CONTRACT NO.3864 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of ell subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work %Ot Number Total Bid Name• C1--Z! , Address: 177-7woo&(,a,,i• s4-6-3 3 ukplc� J, 0—A. IqI —?%& Phone: ,TO9 — 905! - -�3 // State License Numberw Name: Address: Phone: State Ucense Number. Name: Address: Phone: State License Number. Lks . Bidder Adiffinized Signature tie pre-&, 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS PARK LIBRARY AND RESTROOM DEMOLITION CONTRACT NO. 3864 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this forma!! Please print or type. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No.1 Project Name/Numbei Project Description Approximate Construction Dates: From I 1 To: r1. A26 Agency Name � s�z Contact Person Telephone 335-- V59l Original Contract Amount $ULVD Final Contract Amount $ a M z20Q' 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. 7 No. 2 Project Name /Number Project Description Approximate Construction Dates: From A16 Agency Name Contact Person-T-, Telephone 0'5 ? 721fJ -1R-73 Original Contract Amount $40114w Final Contract Amount Qt), 0&0 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. rAn No.3 ci C Project Name /Number C _ �._ p � 1'f 11 . S _ Project Description . - n Approximate Construction Dates: From 10 6, To: Agency Name C_ F�Ov"l' o'.-L s L Contact Person elephone (70J Original Contract Amount $_Q22cQFinal Contract Amount $JZZ2, 400 If final ggmount 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 7 If yes, briefly explain and indicate outcome of claims. /I U r� U No.4 7 Project Name/Numbei.�„1,1 -,A g � Ca ra I . Project Description �U Approximate Construction Dates: From Y. A 19 Agency Name (Jrs j Contact Person Telephone�jy�� -2S7S Original Contract Amount $O�Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) ,—a)xi -rr__ Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number Project Description Approximate Construction ^Daattes: From OCo -To: 110-7 Agency Name C0 ' I i-C - . sI Contact Person M�rI o -!L tAL� Telephone OVT Original Contract Amount $,12&00 Final Contract Amount $ 22 p a6U 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. lie) M I 0 0 No. 6 Project Name /Number Project Description Z)P, en n Approximate Construction Dates: From 1 -a�ato To: Agency Name Contact Person e— .cr)) -jq4 Telephone FM Ssnw -j� Original Contract Amount $ A Sub Final Contract Amount $ a 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. nn 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 a Contractor's current financial conditions. Bidder Authorized Signature rifle )D�r, 10 0 0 ALBERT BIERRIA 10418 Boca Canyon Dr. Santa Ana, Ca 92705 (714) 403 -2563 SUMMARY OF QUALIFICATIONS Formal education, specialized and practical experience have resulted in excellent qualifications as a Project Manager or &rrperkdendent. 23 years of progressive responsibility have developed the following qualities: • Exceptional supervisory skills, motivating personnel to peek job performance • Strong communication skills, both written and verbal, with the ability to explain complex procedures in clear, concise terms. • Work efficiently and resourcefiilly in pressure situations, making critical decisions with sound judgment • Aware of the need for quality customer service and particularly adept at handling multiple project simultaneously • Interface well with county, state and local officials, co- workers and employees • Take true pride in workmanship, producing results beyond most expectations PROFESSIONAL BACKGROUND SUPERINTENDENT/ U.S. Construction & Trucking, Inc. Tustin, California General super for extensive demolition, abatement, earthwork and asphalt paving projects. Oversee as many as 50 workmen in the demolition of various structures, ranging from 10,000 square feet 200,000 square feet. Projects various from one structure to city blocks consisting of 50 properties and miscellaneous commercial buildings. Projects consist of regulatory abatement as needed on each structure, coordination of all necessary equipment and manpower needed to safely disconnect and de- construction of property. Extensive experience in site preparation for fimue building and asphalt installation. I have also been responsible for implementing storm water protection on all sites, in conformance with county and State specifications. Deal with labor, management and inspector to ensure timely project completion. Maintain procurement records and order materials as necessary. Provide accurate employee time keeping for payroll and cost analysis by main office. Exhibit professional competence by coordinating company fimctions on job site and by working in cooperation with agency representatives. (1983 to Present). EDUCATION Graduate Service High School- Anchorage, Alaska 1981 Graduate Anchorage School of Technology( Auto -Cad Degree) — Anchorage, Alaska Contractors Licensing School — Licensed General Contractor Class A, C -21, A • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS PARK LIBRARY AND RESTROOM DEMOLITION CONTRACT NO. 3864 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of ORANGE ) SUSAN BIERRIA being first duly swom, deposes and says that he or she is PRESIDENT of U.S. CONSTRUCTION, INC. , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of pedury of the laws of th State of California that the foregoing is true and correct. U.S. CONSTRUCTION, INC. Bidder Authorized Signature/Title ? "9-s' Subscribed and sworn to (or affirmed) before me on this IOTH . day of APRIL '2007 by SUSAN BIERRIA personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. JAN C=OuN V COMMti NOTARY PUB ORANG N t ry Public JAN C. MORAN Comm. EX [SEAL] 11 My Commission Expires: 2-17 -08 0 CALIFORNIA JURAT WITH AFFIANT STATEMENT State of California County of ORANGE } ss. %S See Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) 1 Ii r � Signature , of occurrent Signer No. I ----------- gnature of Document Signer No. 2 (if arry Subscribed and sworn to (or affirmed) before me on this LOTH day of APRIL 2007 by Date Month Year (1) SUSAN BIERRIA Name of signer A Personally known to me r JAN C. MORAN ❑ Proved to me on the basis of satisfactory evidence coMnn. a 1a7o9a7 ; to be the person who appeared before me - NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY n COMM. EXP. FES. 17, 2008+ (2) Name of Signer • Personally known to me • Proved to me on the basis of satisfactory evidence to be the person who appeared before me.) Signature of Notary Public Place Notary Seal Above OPTlONA Though the information below is not required by law, it may prove ... .. valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Top of thumb here Top of thumb here Further Description of Any Attached Document Title or Type of Document: NON— COLLUSION AFFIDAVIT Document Date: Signer(s) Other Than Named Above: Number of Pages: 1 020NI National Nolary Association,9360 De SMo Aw., P.O. Box 24 ,Chataaodh,CA 91 31 3 24 0 2•wwrr.NationalNotaryorg hem #5910 Roomer: Call Tol4Free 1- 800-876 -662] 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS PARK LIBRARY AND RESTROOM DEMOLITION CONTRACT NO. 3864 DESIGNATION OF SURETIES 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): __C A"Srnn I1.c <2 ✓l-ces C.4 Q a£f67 6 7zY— S21 I LAS sv �e u!p i Zj,nn An t -ra n, H'%s :Roo-A- S 1 1 �(3 12 i r CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS PARK LIBRARY AND RESTROOM DEMOLITION CONTRACT NO. 3864 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name (AS Record Last Five (5) Full Years Current Year of Record nc rnwrrnauon required for tnese items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary— Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Year of for for for for for Record 2006 2005 2004 2003 2002 Total 2007 No. of contracts 5 a 7 S a 39 Total dollar Amount of Contracts (in 3'�^^:` a•�^�1 1,7.:( ]ys� (vy ?aoioUO ?(Room) Thousands of $ No. of fatalities No. of lost Workday Cases No. of lost workday cases involving permanent transfer to another job or termination of employment nc rnwrrnauon required for tnese items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary— Occupational Injuries and Illnesses, OSHA No. 102. 13 0 Legal Business Name of Bidder G (;�"'i nt A (,� g (+ang+ru4 Business Address: I qOq I V&rbe_ si. 6c *s i TR Business Tel. No.: 71 _ 3�_ ar ,S State Contractor's License No. and Jrpq-%! 1 Classification: A c 1.0 As .44Z "Jrwonxmftd Title The above information was compiled from the records that are availa I time and I declare under penalty of perjury that the information is tru within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnershipfjoint venture must be provided, followed by signatures of all of the partners/joint ventures or of fewer than all of the partners4oint 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 partnersfjoint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 � n 0 STATE OF CALIFORNIA) ) ss: COUNTY OF ORANGE ) On May 3. 2007, before me, M Locev personally appeared Susan Bierria, 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 has 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 acted, executed the instrument. WITNESS my hand and official seal. P414 14?� Notary Public in and for said St� Official Notarial Seal CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS PARK LIBRARY AND RESTROOM DEMOLITION CONTRACT NO. 3864 ACKNOWLEDGEMENT OF ADDENDA Bidders name Lj,5 The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS PARK LIBRARY AND RESTROOM DEMOLITION CONTRACT NO. 3864 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: 14050 `"a-- s� �.� //U Ti�f� C.4risztrl� Telephone and Fax Number: 7/V-23 -V.111 r-x 7 /Y -ir3�- /.z0/ California State Contractor's License No. and Class: �Qq S'I A . C �I AS6 (REQUIRED AT TIME OF AWARD) �- Original Date Issued: s Expiration Date saZo List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Corporation organized under the laws of the State of &Aj .0 leA M The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: (\&1e Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; eLl A Have you ever had a contract terminated by the owner /agency? If so, explain. Ad 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 labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes I& Are any claims or actions unresolved or outstanding? Yes 6 17 0 If yes to any of the above, explain. additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non- responsive. Bidder 1 9Sa✓Xa' milc- (Print name of Owner or President of Cororation/Company) Signa re/litie 'eras 7rese4a_� Title V-1/e e 7 Subscribed and swom to (or affirmed) before me on this I OTH day of APRIL . 2007 by SUSAN 9IERRIA , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. 0 JAN C. MO9 COMM. # 1470967 • NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY () COMM. EXP. FEB. I %, 2 M8 [SEAL] 18 N ry Public JAN C. MORAN My Commission Expires: 2 -17 -08 • CALIFORNIA JURAT WITH AFFIANT STATEMENT State of California 0 County of ORANGE } SS. KXSee Attached Document (Notary to cross out lines 1-6 below) ❑ See Statement Below (Lines 1 -5 to be completed only by document signer[s], not Notary) Signature of D Dement Signer No. 2 (if em/ Subscribed and sworn to (or affirmed) before me on this 10TH day of APRIL 2007 , by Date Month Year (1) SUSAN BIERRIA Name of Signer LN Personally known to me ❑ Proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) JAN C. MORAN l connAa. # 1 470967 (2 • NOTARY PUBLIC- CALIFORNIAo Name of signer ORANGE COUNTY n COMM. EXP. FEB. 17, 21708+ ❑ Personally known to me ❑ Proved to me on the basis of satisfactory evidence to beethe person who appeared before me.) etm U C, •/Jf^ Signawre of Notary Public Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove _ valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Top of thumb here Top of thumb here Further Description of Any Attached Document Title or Type of Document: INFORMATION OF BIDDER Document Date: 4 -9 -07 Signer(a) Other Than Named Above: Number of Pages: THREE 020041 National Notary Association- 9350 De Sow Ave., P.O. Box 2402•13hats rlh,CA 9131324021w .NabonalNotary.org Ifem #5910 Reorder.Cali ToIFFree1- 800876 -6827 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS PARK LIBRARY AND RESTROOM DEMOLITION CONTRACT NO. 3864 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 Certificates) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS PARK LIBRARY AND RESTROOM DEMOLITION CONTRACT NO. 3864 CONTRACT THIS AGREEMENT, entered into this,?Aday of ��n /, 2007, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and GOOD LIFE, INC., DBA U S CONSTRUCTION & TRUCKING /GOOD LIFE, INC., a Nevada Corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: MARINERS PARK LIBRARY AND RESTROOM DEMOLITION Project Description as described in the Contract Documents. Contract No. 3864 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. 3864, 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. M 0 0 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Eighty-Four Thousand, Seven Hundred Ninety-Six and 00/100 Dollars ($84,796.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Frank Tran, PE (949) 644 -3340 CONTRACTOR Good Life, Inc., dba U S Construction & Trucking /Good Life, Inc. 10418 Boca Canyon Drive Santa Ana, CA 92705 714 -832 -4211 714 -832 -4201 Fax F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall fumish 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 E E insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11185) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. O • 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract 23 0 amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public;. or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the active 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. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. APPROVED AS TO FORM: 6n" ( , ff C--"� AARON C. HARP Assistant City Attorney 25 CITY OF NEWPORT BEACH A Municipal Corporation Y Mayor Good Life, Inc., dba US Construction & Truckin /Good kife, Inc. By: (Corporate Officer) Title: Print Name: SVSa�er r c� By: --'j (Finanaal Officer) Title:resi �✓� . Print Name: Isa nz1&Cn0L 41 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 11AARINERS PARK LIBRARY AND RESTROOM DEMOLITION EXECUTED IN FOUR COUNTERPARTS CONTRACT NO.3864 BOND NO. 2065024 FAITHFUL PERFORMANCE BOND The premium charges on this Bond IS $ 2,650-00 being et the rate of S 31.25 thousand of the Convaot price. WHEREAS. the City Counrda. of the City of Newport Beach. State of California, by motion adopted. awarded to * hereinafter designated as the "Principal', a contract for construction of MARINERS PARK LIBRARY AND RESTROOM DEMOLITION 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 eu*mftd or is about to execute Contract NO.3864 and the terms thereof require the furnishing ate Bond for ttie feithU performance of the Contact; NOW. THEREFORE we, the Principal, and NORTH AMERICAN SPECIALTY INSURANCE COMPANY . duly autlWrbwd to transact business under the laws of the Stab of CaGfomie as Surety (hereinafter 'SurWj, are held and fim* bound unto the City of Newport Beach, in the sum of ** 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 C'(ft r Of Nexm{mort Beadk is successors, and atreigns; for which palmrent coati and truly to be made. we bird ourw vas, our heirs, exewtors and administratars, successors, or assigns. Jay and swWally. 'fimdy by these p wwiL THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Rrtncipas heirs. exeoAars, administrators. sL=8%$0 s, or assigns. fall to abide by, and wall and truly keep and parkwin any or all ft wak, omparuriK conditions, and agreements in ftte Contract Documents and any aReralion thereof made as therein provided an Its part, to be kept and Pedbfined at the time and in the manner therein specified, and in all respects according to its true « .tut and meaning, or fads to indemnify. defend, and save haamdess the City of Newport Beach, its ofrK*rs, efri,il Ye" rar+d alert., as therakr stipulated, then, Surety will %dihfully perform the same, in an amount not exceedng the sum spedw in this Bond; otherwise this obligation shall bocomo nun M-rd- void. * GOOD LIFE INC. DBA U.S. CONSTRUCTION S TRUCKING ** EIGHTY -FOUR THOUSAND, SEVEN HUNDRED NINETY -SIX AND NO1100'S DOLLARS ($84,796.00) 28 0 0 As a part of the obligation. secured hereby, and in addition to the face amount specified in this Pe&rnwnoe Bond, there shell be inducted ocsts'and reasonable expenses and fees, Including reasonable attorneys fees, incurreeby the City, only in the event the Chy.1s required to bring an action in law or equity against Surety to enform the obligations of this Bond. Surety, for value received, stipulatEW and agrees that no change, extension of time, attembons or addrfrons to the terms of the Cartract or to the work to be performed therieunder or to the specifications accompanying the same-shall in any way affect to obligations on this Bond, and It does hereby waive notice of any such change, emdenslon of time, alterations or addipons of the Contract or to the work or to the specoljc ations. This Feilhful Prsrforrranoa Bond MO be extended and mainthined by the Principal in fun foroe and effect for one (1) year folb*iing time 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 frmn its oblklations uruier tltis Bond. IN WITNESS WHEREOF, this inshtanent has duly w acarted by th!i Principal and Surety above nAmed, on the 20TH day of APRIL gow. GOOD LIFE INC. DBA U.S. CONSTRUCTION & TRUCKING Name of Contractor (Principal) "— Stgrmahae/15tie id NORTH AMERICAN SPECIALTY INSURANCE COMPANY Name of Surety Agert Signature 701 SOUTH PARKER STREET, SUITE 3800 ORANGE, CA 92868 Address Of Surety (714) 550 -7799 Telephone RICHARD A. COON /ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHEn 0 0 0 STATE OF CALIFORNIA) ) ss: COUNTY OF ORANGE ) On May 3, 2007, before me, M Locey personally appeared Susan Bierria, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he /she /they has 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 acted, executed the instrument. WITNESS my hand and official seal. _ M k� Notary Public in and for saic)pi l-- — M. LOCEY Commission * 1611564 as Malary Public - CaRftmio y COmma�4r Oct 7.2009 Official Notarial Seal CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT rI S 959E (2004) State of California County of orange SS. On 4 -20 -07 before me Jan C. Moran, Notary Public (DATE) (NOTARY) personally appeared Richard A. Coon 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. 'ANC_ MOcRAN Q - NOTARY PUBUC- CAUFORNIAD WITNESS my hand and official seal. g ORANGE COUNTY n COMM. EXP. FEB. 17, 2008 - Signature �' , I`� (seal) C. Moran OPTIONAL The following information is not required by law, however it may be helpful in preventing fraudulent use of this acknowledgement. Performance Bond DOCUMENT TITLE OR DESCRIPTION DOCUMENT DATE: 4 -20 -07 NUMBEROF PAGES: two (2) m x COMMENTS: 6 g 0 8 ffi S S 959E (2004) NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: DAVID L. CULBERTSON, CHARLES L. FLAKE, RICHARD A. COON, MATTHEW P. FLAKE and LEXIE SHERWOOD JOINTLY OR SEVERALLY Its true and lawful Attomey(s )-in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of TEN MILLION (10,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 246 of March, 2000: "RESOLVED, that any two of the President, any Executive Vice President, arty Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, the the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." �aa naayy fSx B Vi' SFAI .n= Sav�r.AWne•,,, heWenACkNeaaraa Olmerar We,Merae rrtm.lio.ah r•�re•ce Ceapu,rA S,AI "' NA IWa V� YKe PnaNer NNatA Aerarn•apetlWyl•wnrxC oe.ra m. wra.. r«. rawen.rw.iw:r,.• r.a,..n..r r......a c..POr A BY va ra,:Nwl.fN..0 Mea4wsrerwr rewrra CaPe4 IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 22nd day of June , 2006. North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page as' On this 22nd day of June 206 before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington Inte maronal Insurance Company and Vice President of North American Specialty Insurance Company and David M. Layman , Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Aaomey as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. taotalyPl�Btk. &aR�tlinois . f Susan Ansel, Notary Public 1, James A. CarI enter , .the duly elected Assistani� ecretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington Intonational Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, l have set my hard and affixed the seals of the Companies thi,?M day of APRIL , 20 07 Jmec A. Caymla, Vice PmiAda A Astir�l Seaury•r Wamin{tw WmMiaul ImaanceCmp•,y a Nam Aaenao SpaiYry Nsruence ea.PoY 0 i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINERS PARK LIBRARY AND RE OOM DEMOLITION EXECUTED IN FOUR COUNTERPARTS CONTRACT NO. 3864 BOND NO. 2065024 PREMIUM: INCLUDED IN PERFORMANCE BOND LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the qty of Newport Beach, State of California, by motion adopted, has awarded to * hereinafter designated as the "Principal,' a contract for G0r0trU000n Of MARINERS PARK LIBRARY AND RESTROOM DEMOLITION in the Ctly 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, a0 of which are incorporated herein by this rahmince. WHEREAS, Principal has executed or Is about to execute Contract No. 3864 and the terms thereof require the furnishing of a bond, providing that N Principal or any of Principars subcontractors, shall foul 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 Principal, and. NORTH AMERICAN SPECIALTY INSURANCE COMPANY duly suthormad to transact business under the laws of the State of California. as Surety. (refsrrad to herein as "Sunny') are held firmly bound unto the City of Newport Beach, in the sum of ** ARM 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 welt end truly to be made, we bind ourselves, our heirs, execumrs and admir& ators, successors, or assigns. jokety and severally, firmly by these present. THE CONDMON OF THIS OBLIGATION IS SUCH, that if the Principal or the Principars utccnhackM tail is pay for any materials, provisions, or other supplies, implemerits or machinery used k% upon. far. 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 Caste 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 employers of the Principal and subcontractors pursuant to Section 13020 of the Unemployment hunwanae Code with respect to such work and febor. then the Surely will pay for the same, in en amount not exceeding the sum specified in this Bond, and also. in suit Is brought to enforce the obligations Of thhs Bond. a reasonable attorneys fee, to be fared by the Corot as required by the provisions of Section 3250 of fire CK4 Cade of the State of OWliomia. * GOOD LIFE INC. DBA U.S. CONSTRUCTION & TRUCKING ** EIGHTY -FOUR THOUSAND, SEVEN HUNDRED NINETY -SIX AND NO /LOO'S DOLLARS ($84,796:00) E • • The Bond shall inure to ft 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 CM Code of the State of CaNfom'ra. And Surety, for vahte received, hereby stipulates and agrees that no change, extnsion of time, alterations Or additions to the terms of the Contract or to the work to be performed thereunder Or the spec cations accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, exignision of time, alterations or additions to the tonne 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 oblgations under this Bond.. IN WnNESS WHET E0F, fibs mstrranent has been dryly executed by the above named Principal and Surety, on the 20TH day of GOOD LIFE INC. DBA U.S. CONSTRUCTION & TRUCKING Name of Contractor Wrindpaq NORTH AMERICAN SPECIALTY INSURANCE COMPANY Nemeof Surely 701 SOUTH PARKER STREET, SUITE 3800 ORANGE, CA 92868 Address of Surety (714) 550 -7799 Telephone RICHARD A. COON /ATTORNEY -IN -FACT Print Name and Title NOTARY AMOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACKED V STATE OF CALIFORNIA) ) ss: COUNTY OF ORANGE ) On May 3. 2007, before me, M Locey personally appeared Susan Bierria, 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 has 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 acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said Staff Official Notarial Seal 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT 0 S 959E (2004) State of California County of orange SS. On 4 -20 -07 before me,Jan C. Moran, Notary Public (DATE) (NOTARY) personally appeared Richard A. Coon 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. 'ANonC. McRAN 1 l� NOTARY PUBLC- CALIFORNIA 5` ORANGE COUNTY n WITNESS my hand and official seal. COMM. EXP. FEB. I 7, 2ooB� Signature N� (seal) J C. Moran OPTIONAL The following information is not required by law, however it may be helpful in preventing fraudulent use of this acknowledgement. Payment Bond DOCUMENT TITLE OR DESCRIPTION 0 DOCUMENT DATE: 4 -20 -07 NUMBER OF PAGES: two (2) d i COMMENTS: S s S 959E (2004) NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: DAVID L. CULBERTSON, CHARLES L. FLAKE, RICHARD A. COON, MATTHEW P FLAKE and LEXIE SHERWOOD JOINTLY OR SEVERALLY Its true and lawful Attomey(s )-in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of TEN MILLION (10,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington Intemational Insurance Company at meetings duly called and held on the 24" of March, 2000: "RESOLVED, that any two of the President, any Executive Vice President, arty Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seat of the Company: and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with hregard dtto�any bond, undertaking or contract of surety to which it is attached." a te% l ��a� -- �Mt+uut ir' SEAL sw... r., dm..; Mr... w.. rsnwe.«. nw< orr... Kw. w.ra,�rw.,..n..am.w,..•.c«.n.ra -x197tars ar v«r .hw.rnwen. ,.srwrYr•.w..nc.w sEAL r 3 S WAY ,p= Darid M. taYU... vq rmN,wINWaiYigl/ mwRm.HNYrew,aarc CMrgB .'w rrailax MN.,� •.e.irr sratlnb rsr..a CwpwY IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington hternational Insurance Company have caused their official seals to be hemento affixed, and these presents to be signed by their authorized officers this 22nd day of June , 2006 . North American Specialty Insataaee Company Washington International Insurance Company State of Illinois County of Do Page ss' On this 22nd day of June 2006 before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and David M. Layman , Vim President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly swan, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companim b ford ON Susan Ansel, Notary Public [, James A. Carpenter , .the duly elected Assistant crgigy of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, 1 have set my hand and affixed the seals of the Companies thia2m day of APRIL 2007 me&Ca wr, vice Rwidw aAuv4nr Seu%u ofWwruarwn wmmfiantl IM Cowp.ry& t A .sPCd /b Ww cmipnY License Detail • • Page 1 of 2 License Detail CALIFORNIA CONTRACTORS STATE LICEN• Contractor License # 809811 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 7124.6). If this entity is subject tc complaint disclosure, a link for complaint disclosure will appear below. Click on the lin button to obtain complaint and /or legal action information. • Per 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: 04/10/2007 * * * Business Information * * * GOOD LIFE INC dba U S CONSTRUCTION & TRUCKING / GOOD LIFE INC 10418 BOCA CYN DR SANTA ANA, CA 92705 Business Phone Number: (714) 832 -4211 Entity: Corporation Issue Date: 06/25/2002 Expire Date: 06/30/2008 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications * * * Class Description 0 GEN_E..RAL.ENG..INEERING CONTRACTOR C21 BUILDING MOVING DEMOLITION * * * Certifications * * * http://www2.cslb.ca.gov/CSLB.LIBRARY/License+Detail.asp 04/10/2007 License Detail Page 3 of 2 Cert j Description A5B ASB �I ESTOS - (for bidding purposes only) * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 14580986 in the an $12,500 with the bonding company WESTERN..SURETY COMPANY. Effective Date: 01/01/2007 Contractor's, Bonding History BOND OF QUALIFYING INDIVIDUAL(1): This license filed Bond of Qualifying Individual I 14673971 for ALBERT JOSEPH BIERRIA III in the amount of $12,500 with the bonding cc WESTERN SURETY. COMPANY. Effective Date: 01/01/2007 BQI's Bonding History * * * Workers Compensation Information * * * This license has workers compensation insurance with the STATE COMPENSATION INSURANCE. FUND Policy Number: 1694124 Effective Date: 06/0612002 Expire Date: 05/0212007 Personnel listed on this license (current or disassociated) are listed on other licei Personnel List Other Licenses License Number Request Contractor Name Request Personnel Name Request Salesperson Request Salesperson Name Request O 2006 State of California. Conditions of Use Privacy Policy http://www2.cslb.ca.gov/CSLB--LIBRARY/License+Detail.asp i 04/10/2007 Personnel List 0 • Page 1 of 1 Personnel List CALIFORNIA CONTRACTORS STATE LICEN Contractor License # 809811 Click on the person's name to see a more detailed page of information on that person. Name Title Association Disassociation Class Date Date ALBERT JOSEPH III. RME 06/25/2002 A BIERRIA SUSAN ANN BIERRIA CEO /PRESIDENT 06/25/2002 License. NAM- ber Reauest Contractor Name Request Personnel. Name Request Salesperson Request Salespe_.rson Name Request © 2006 State of California. Conditions of Use Privacy Pollcv http: / /www2.csib.ca.gov /CSLB LIBRARY /Personnel +List.asp ?LicNum = 809811 04/10/2007 California Business Search • Page 1 of 1 DISCLAIMER: The information displayed here is current ae of APR 06, 2007 and is updated weekly. It is not a complete or certified record of the Corporation. Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender ", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. http:// kepler. ss. ca. gov/ corpdatal ShowAllList ?QueryCorpNumber= C2373989 &printer =yes 04/10/2007 , Corporation GOOD LIFE INC. WHICH WILL DO BUSINESS IN CALIFORNIA AS U.S. CONSTRUCTION &TRUCKING /GOOD LIFE INC. Number: C2373989 Date Filed: 1/8/2002 Status: active Jurisdiction: NEVADA Address 10418 BOCA CANYON DR SANTA ANA, CA 92705 Agent for Service of Process SUSAN BIERRIA 10418 BOCA CANYON DR SANTA ANA, CA 92705 Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender ", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. http:// kepler. ss. ca. gov/ corpdatal ShowAllList ?QueryCorpNumber= C2373989 &printer =yes 04/10/2007 , Gx.iO+_ D. CERTIFICATE RODWER NUGEN & ASSOC INS SERV INC 10722 ARROW RTE #116 RANCHO CUCAMONGA CA 91730 PH 909/9410167 FX 909/941 -9453 )SURER US CONSTRUCTION & TRUCKI) 10418 BOCA CANYON DR SANTA ANA, CA 92705 LIABILITY INSURANCE THIS CERTIFICATE Is IS ONLY AND CONFERS NO DATEIMWDDlYYYY) NAIC# THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. nul Wu na e•u.�nw 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 ODUMS. NR POALICV CT E P C IRA I W LIMITS Ttl o r(GENERAL F. P I A C• POLICY NUMBER RTC -MMID Y DATEM D YY 1 000,000.00 RENCE S , BILffY �r,L�HCIALGENERAL LIABILITY ," $ + O '1(e e acCUrartxn S °.I5 , 000 OO IM6MADB OCCUR O<w persaT) S S GOO. DO A X SF06CGL003061 00 06/03/06 06/03/07 OVINJURY $1,000,000.00 GREGATE $2,000,000.00 �nn.cinc mr. x2,000,000.00 AGE LIABILITY ANYAUTO OCCUR "CLAWS MADE DEDUCTIBLE RETENTION $ WORNERSOOMPENSATIONAND EMPLOYERS LABILITY pA�FFIC2P IARJREIeEEB�E%�t1NU�W�T QIlnv6 cIMIMINE COMBINED SINGLE LIMIT $1,000,000.00 (EnecdWt) BODILYINJURY $ (Par pawn) 863045 03 05/01/07 05/01/08 HODtLYIINJURY $ . PROPERTY DAMAGE $ J ) RISK OTHERTHAN AUTOONLY. V/►,+�/a+Y r. v.,, , DEns1DOD. ESCRIPTION OFbPERATONSI LOCA3TOHSI VEHI lLMOI _. _..__ - - -__ CONTRACT# C -3864 MARINERS OLD LIBRARY DEMOLITION 2005 DOVER DRIVE NEWPORT BEACH CA 92663. CITY OF NEWPORT SEACH,ITS OFFICERS, OFFICIALS, EMPLOIEES AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED, PRIMARY AND WAIVER OF SUS ON GL(SF06CGL003061) PER FORM ANV 0160 AND ADDITIONAL INSURED ON AUTO(C7863045 03) CITY OF NEWPORT BEACH 3300 NEWPORT BLVD NEWPORT SEACS CA 92663 PUBLIC WORKS DEPARTMENT EO /T0 39Vd SNI N39rH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES EE CANCELLED BEFORE THE FXPIRATIO DATE THEREOF, THE MBUIN �URERWI O£AVOR TO I-31) DAYS WRITTEN NOTICE TO THE CERTIFIC H D F NAMED THE LEFT, BUT FAILURE TO DO BO 614ALL IMPOSE NO OBLIGATIO DR 1 OF ANY RIO UPON THE INSURER, IYfi AGENTS OR 13 6906TV6606 LV :01 L00Z /LT /b0 EGATE LIMpIT. .PIsRaT LMBILITY TO NEDAUCO6 r ULED AUTO$ UTOS NEOAUTOS AGE LIABILITY ANYAUTO OCCUR "CLAWS MADE DEDUCTIBLE RETENTION $ WORNERSOOMPENSATIONAND EMPLOYERS LABILITY pA�FFIC2P IARJREIeEEB�E%�t1NU�W�T QIlnv6 cIMIMINE COMBINED SINGLE LIMIT $1,000,000.00 (EnecdWt) BODILYINJURY $ (Par pawn) 863045 03 05/01/07 05/01/08 HODtLYIINJURY $ . PROPERTY DAMAGE $ J ) RISK OTHERTHAN AUTOONLY. V/►,+�/a+Y r. v.,, , DEns1DOD. ESCRIPTION OFbPERATONSI LOCA3TOHSI VEHI lLMOI _. _..__ - - -__ CONTRACT# C -3864 MARINERS OLD LIBRARY DEMOLITION 2005 DOVER DRIVE NEWPORT BEACH CA 92663. CITY OF NEWPORT SEACH,ITS OFFICERS, OFFICIALS, EMPLOIEES AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED, PRIMARY AND WAIVER OF SUS ON GL(SF06CGL003061) PER FORM ANV 0160 AND ADDITIONAL INSURED ON AUTO(C7863045 03) CITY OF NEWPORT BEACH 3300 NEWPORT BLVD NEWPORT SEACS CA 92663 PUBLIC WORKS DEPARTMENT EO /T0 39Vd SNI N39rH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES EE CANCELLED BEFORE THE FXPIRATIO DATE THEREOF, THE MBUIN �URERWI O£AVOR TO I-31) DAYS WRITTEN NOTICE TO THE CERTIFIC H D F NAMED THE LEFT, BUT FAILURE TO DO BO 614ALL IMPOSE NO OBLIGATIO DR 1 OF ANY RIO UPON THE INSURER, IYfi AGENTS OR 13 6906TV6606 LV :01 L00Z /LT /b0 • • (EXCLUDING RESIDENTIAL AND HABITATIONAL) NIC INSURANCE COMPANY — BLANKET ADDITIONAL INSURED ENDORSEMENT Name of Insured: US CONSTRUCTION & TRUCKING policy Number: SF06CGL003061 00 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS (FORM B) CG2010 11185 SCHEDULE Name of Person or Organization: CITY OF NEWPORT BEACH ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS Any person or organization that the named insured is obligated by virtue of the Company act or agreement to provide insurance such as is afforded by this policy, provided 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 he Schedule, but Donlycwith respect ct to amended ability arising out of insured "your work" for that insured organization r forhyou. 1. Primary Wording: If required by written contract or agreement: Such insurance as is afforded by this policy shall be primary insurance, and any insurance of self - insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the named insured and shall n o contribute it. 2. Waiver of Subrogation: If required by written contract or agreement: We waive any right 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 t coverage's t f this nli policy provisions shall apply t any claim aising ou o he sole neggenceof 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 habitat Tonal 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) E0 /Z0 30vd SNI N3nnN E9b6TV6606 Lb :bT L00Z /LT /b0 NAME OF INSURED: US CONSTRUCTION & TRUCKING POLICY NO: C7863045 03 ADDITIONAL INSURED (Person or Organization) This endorsement applies to: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM • The person or organization shown in the Schedule is an insured to the extent of their liability for the conduct of an insured under Section it Liability coverage of this policy. Name of Person or organization'. CITY OF NEWPORT BEACFI ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS GECA 812 (10/96) E0 /E0 39Vd SII N3WN E5b6Tb6606 LV :PT L00L /LT /40 1 rr Policy Number ��VLI�C'7 1�0 �` ! j SF06CGL003061 -00 'i"�' COMMON POLICY DECLARATIONS RENEWAL OF: GS513975 -00 NIC INSURANCE COMPANY One Penn Plana, New York, NY 10119 Item 1. Named Insured and Mailing Address Agent Name and Address DBA: U S CONSTRUCTION 2603 MAIN STREET, 5TE. 800 10418 BOCA, CANYON DRIVE IRVINE CA 92514 SANTA ANA CA 92705 Agent No. SP000102 Item 2. Policy Period From: 06 -03 -2006 To: 06 -03 -2007 at 12:01 A.M., Standard Time at your mailing address shown above, Item 3. Business Description: GENERAL CONTRACTOR Form of Business: INDIVIDUAL Item 4. In return for the payment of the prsmlum, and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy. This policy consists of the following coverage parts for which a premium is indicated. Where no premium is shown, there is no coverage. This premium may be subject to adjustment. Coverage Part(s) Pam Commercial Property Coverage Part NOT COVERED Commercial General Liability Coverage Part $ 20, 001.00 Crime and Fidelity Coverage Part NOT COVERED Commercial Inland Marine Coverage Part NOT COVERED Commercial Auto (Business or Truckers) Coverage Part NOT COVERED Commercial Garage Coverage Part NOT COVERED Total Policy Premium $ 20,001.00 Minimum Premium $ 20,001.00 Minimum Earned Factor 25% Surplus Lines Taxes and Fees $ 300.00 Item 5. Forms and Endorsements Form(s) and Endorsement(s) made a part of this policy at time of Issue: See Schedule of Forms and Endorsements Countersigned: Date: 06/08/2006 By. Authorized Repr iva THIS COMMON POLICY DECL.AFAMON AND THE SUPPLEMENTAL DECLARKnON(S), TOGETHER WITH THE COMMON POLICY CONDmONS, COvEFAC+E PART(S), COVERAGE FOrdd(S) AND FORMS AND ENDORSEMENTS, IF ANY. COMPLETE THE ABOVE NUMBERED POLICY. CO -DEC (07! 01) Pladumr Capy 101T0 39Vd SNI N39f1N E5b6Tb6606 50:hT L00ZIZOI50 Ift COMMERCIAL LINES POLICY COMMON POLICY D'ECLARATIO f NIC IRSURANC� v- NEW Renewal of Number Named Insured and Mailing Address (No., Street, Town or City, County, State, Zip Code) ALBERT SIERRA DBA: U S CONSTRUCTION 10418 BOCA CANYON DRIVE BANTA ANA, CA 92705 Producer and Mailing Address Mo., Street, Town or City, County, State, Yip Code) AMERICAN E & 5 (I) 2603 MAIN STREET, STE. 800 IRVINE, CA 92614 6 INTERNATIONAL DRIVE - SUITE 100 RYE BROOK, NY 10573 Gs513975 Tax State CA Policy Period: From 06 -03 -2005 to 06 -03 -2006 at 12:01 A.M. Standard Time at your mailing address shown above. Form of Business: Individual Business Description: GENERAL CONTRACTOR IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. PREMIUM Commercial Property Coverage Part Commercial General Liability Coverage Part Other Charges: Form(s) and Endorser SJP190- 0111/85), ANF159 Policy Fee Inspection Fee State Tax Stamp Fee $ Not Covered $ 8,366.00 S _ s TOTAL ADVANCE PREMIUM S _ s, 366.OLi_ $ 175.00_ $ 125.00 $ 259.96`_ $ 19.50 $ made a part of this policy at time of issue 11-0017J11/851, S2000 (8/911 Omits applicable Forms and Endorsements if shown in specific Countersigned: 06 -20 -05 ND By TOTAL$ 8,9 45.48 Form Declarations. r• . — .w.zVpgpgn THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONOITIONS, COVERAGE PART DECLARATIONS, COV PART COVERAGE FORMS) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. Includes copyrighted material of Insurance Services Office, Inc., with its permission, Copyright, Insurance Seevicae Office. Inc„ 1983, 1984 - PRnn1 TC$R - TO /TO 3!)Vd SNI N39nN £5176TV6606 ZZ :bT L00ZIZ0150 STATE COMPENSATION INSURANCE FUND 0 CERTHOLDER COPY P.O. BOX 420807, SAN FRANCISCO,CA 94142 -0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 04 -23 -2007 THE CITY OF NEWPORT BEACH PUBLIC WORKS DEPT 3300 NEWPORT BLVD NEWPORT BEACH CA 92683 -3816 GROUP: POLICY NUMBER: 1684124 -2006 CERTIFICATE ID: 114 CERTIFICATE EXPIRES: 05 -02 -2007 05- 02- 2006/05 -02 -2007 THIS CERTIFICATE SUPERSEDES AND CORRECTS CERTIFICATE # 101 DATED 04 -11 -2007 SP JOB:CONTRACT# 3864 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 that will expire or did expire as indicated above. 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. t111RIZE1 REPRESENTATI PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - SUSAN BICERRIA P,S T - EXCLUDED. � ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 05 -02 -2004 IS CHED TO AND FORMS A PART OF THIS POLICY. ENDORS ENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2007 -04 -23 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: THE CITY OF NEWPORT BEACH EMPLOYER GOOD LIFE, INC. DBA: U S CONSTRUCTION & TRUCKING /GOOD LIFE INC 10418 BOCA CANYON DR SANTA ANA CA 82705 SP [CAD,SCI IREV.2.05) PRINTED : 04 -23 -2007 SP STATE COMPENSATION IN5URANCE FUND HOME OFFICE SAN FRANCISCO ALLEFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION 1694124 -06 RENEWAL SP PAGE 1 OF I EFFECTIVE APRIL 23, 2007 AT 12.01 A.M. AND EXPIRING MAY 2, 2007 AT 12.01 A.M. U S CONSTRUCTION & TRUCKING GOOD LIFE INC. 10418 BOCA CANYON DR SANTA ANA, CA 92705 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBROGATION AGAINST, THE CITY OF NEWPORT BEACH WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS POLTCY TW CONNECTION WITH WORK PERFORMED BY, U S CONSIRUCTION & TRUCKING IT IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUNERATION OF $MPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE EMPLOYER. IT IS FURTHER AGREED THAT PREMIUM ON THE EARNINGS OF SUCH EMPLOYEES -SHALL BE INCREASED BY 03%. NOTHING IN THIS ENDORSEMENT CONTAINED. SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALT RF HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT, COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: APRIL 25, 2007 �� 2570 A HORIZED REPRESENTATI PRFCIf1FNT ZO /Z0 3DVd NNOIi0fIb1SNODSII TOZVZCBVTL 96:VT LOOZ /VO/50 WAIVER OF SUBROGATION NOTICE Enclosed is your copy of a certificate of insurance on which the certificate holder required a waiver of subrogation: 1. Please be advised that a waiver of subrogation requires that a 3% surcharge will be applied by State Fund. ONLY to the premium assessed on the payroll of your employees earned while engaged in work for that certificate holder who requested the waiver. (Note: if you have no employee payroll on that job, then there is no charge.) 2. To apply the 3% surcharge, you must also agree to maintain accurately segregated payroll records for employees engaged in work on job /s for the certificate holder who has the waiver. The payroll records are subject to verification by an auditor. Example: Payroll for job: Sample Rate: Regular Premium equals: Surcharge: Additional Waiver charge: Total premium equals $5,000.00 13.30% $ ^665.00 3.00% $ 19.95 $ 684.95 (665.00 + 19.95) Fax #: 0 • CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 4 -17 -07 Dept. /Contact Received From: Shaun Date Completed: 4 -19 -07 Sent to: Shauna By: April Walker Company /Person required to have certificate: US Construction & Trucking GENERAL LIABILITY 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 $1M or greater): What is limit provided? 2mil agg/Imil 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: Financial Indemnity Co B. AM BEST RATING (A: VII or greater): A XII C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A 1 mil ® Yes ❑ No ❑ 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 ® No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? WC: Waiver of subrogation endorsement missing. ❑ Yes ® No General Liability: Insurance company not admitted. Best's Rating Center - Company Information for Navigators Insurance Company I RatirwDe(nitions al Press Releases bdustry a P,egannal Cotrtry Risk Mow to Gel Rated contact Analyst View Ratings: Financial Strength Issuer Credit Securities Advanced Search Other Web Centers: Selec[_One :; Page 1 of 2 Best's Ratings Financial Strength Ratings VIew.DeFlnitlons Issuer Credit Ratings View Definitions Print this page Long -Term: a+ Navigators Insurance Company Outlook: Stable Financial Size Category: X ($500 million to $750 million) Action: Upgraded la member of NBYlaaib131n;v/_ry�apbe,CS[pyg) Date: January 02, 2007 Magnet m companies that have. in Fine 4M.Best#: 01025 NAIC #:42307 FEIN #: 1 3 313 8 39 0 Address: Reckson Executive Park, 6 International Phone: 914- 934$999 our opinion, ao exelknt ability to men Ih l,holder oaiga5one a 1�T poroyhdder. • Drive Fax: 914- 934 -2355 A Rye Brook, NY 10573 Web: www.navp.com Best's Ratings Financial Strength Ratings VIew.DeFlnitlons Issuer Credit Ratings View Definitions Rating: A (Excellent) Long -Term: a+ Affiliation Code: g (Group) Outlook: Stable Financial Size Category: X ($500 million to $750 million) Action: Upgraded Outlook: Stable Date: January 02, 2007 Action: Affirmed Effective Date: January 02, 2007 * Denotes Under Review Best's Ratings Reports and News Visit our News Room for the latest newg,.and , &rCSS. releases for this company and its A.M. Best Group Best's Comoanv Reoort - includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, 1-f � detailed business overview and key financial data. Report Revision Date: 01/10/2007 (represents the latest significant change). Historical Reports are available in Best's Company Report Archive. Best's Executive Summary Reports (Financial Overview) - available in three versions, these presentation style reports feature balance sheet, income statement, key financial performance tests Including profitability, liquidity and reserve analysis. Data Status: 2007 Best's Statement File - PIC, US. Contains data compiled as of 51112007 (As Received). • Single Company -five years of financial data specifically on this company. • Cgmparlwn - side -by -side financial analysis of this company with a peer group of up to five other companies you select. • Cpinposits -evaluate this company's financials against a peer group composite. Report displays both the average and total composite of your selected peer group. Note: Adobe Reader is required to view the reports listed above. This software is available free from Adobe Systems Inc. An Excel export option is also available once the report has been opened using Adobe Reader. Best's Key Rating Guide Presentation Report - Includes Best's Financial Strength Rating and financial data as provided in Best's Key http:// www3 .ambest.comlratingsIFullProfile. asp ?B1= O&ANMNum= 1825 &A1tSrc= 1 &AItNum= &URATINGID= 840616 &Ext ... 05/02/2007 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL MARINERS PARK LIBRARY AND RESTROOM DEMOLITION CONTRACT NO. 3864 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. 3864 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__. 1. Lump Sum Mobilization Dollars and 00 no Cents $ Per Lump Sum 2. Lump Sum Cap off Water & Sewer @ ✓ - A,j,,6ollars ' and lddo�o Ao Cents $ Per Lump Sum 3. Lump Sum Perform Asbestos Containing Materials Removal 8, Disposal Dollars lw4 and nn Cents $ a� Per Lump Sum 0 • PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Demolition of Existing Building a Dollars rad- ^;^tys,ly- and 00 AA Cents $ Y9, Sq(o ` Per Lump Sum 5. Lump Sum Backfill and Grading 4� Dollars F %�b.w.dre and � no Cents $ l5, SCX� Per Lump Sum TOTAL PRICE IN WRITTEN WORDS and ..o Cents V� /g A -7 Date 71Y-93.2- X I t; 7/!4 9-aj- yao l Bidder's Telephone and Fax Numbers S0c1 gl I 0--pl. A. AL Bidder's License No(s). and Classification(s) LA SCLTn S - e as Bidder's E -mail $ y , 7 �f� C°' Total Price (Figures) Bidd r Bidder's A thorized Signature and Title /'lelyl /of,�C, s set . */0 Bidders Address fluserslpbwlshare kMbadsUy 06.07harfnes pads demo c- 386ftwposa1 0.3864.doc 0 • PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS MARINERS PARK LIBRARY & RESTROOM DEMOLITION CONTRACT NO. 3864 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -5.4 ASBESTOS SURVEY REPORT 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 5 UTILITIES 5 -1 LOCATION 5 -2 PROTECTION SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 6 -7.4 Working Hours 6 -9 LIQUIDATED DAMAGES 1 1 1 2 2 V C C 3 3 3 3 3 0 0 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 4 7 -5 PERMITS 4 7 -7 COOPERATION AND COLLATERAL WORK 4 7 -8 PROJECT SITE MAINTENANCE 4 7 -8.5 Temporary Light, Power and Water 4 7 -8.6 Water Pollution Control 4 7 -10 PUBLIC CONVENIENCE AND SAFETY 4 7 -10.1 Traffic and Access 4 7 -10.2 Storage of Equipment and Materials in Public Streets 5 7 -10.3 Street Closures, Detours, Barricades 5 7 -10.4 Public Safety 5 7- 10.4.1 Safety Orders 5 7 -10.5 "No Parking" Signs 5 7 -15 CONTRACTOR LICENSES 6 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 6 SECTION 9 MEASUREMENT AND PAYMENT 6 9 -3 PAYMENT 6 9 -3.1 General 6 APPENDIX ASBESTOS SURVEY UPDATE REPORT — FORMER MARINERS LIBRARY El users\pbw\shwed\contracts \rnasters\nasters for contract set upUnaster specs indm.doc 0 0 SP 1 OF 7 CITY OF NEWPORT BEACH �2 THAN IRAN PUBLIC WORKS DEPARTMENT �e FRANK SPECIAL PROVISIONS CONTRACT NO. 3864 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- 5205 -S); (3) the City's (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements; (5) Asbestos Survey Update Report (LFR). 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 2-5.4 ASBESTOS SURVEY REPORT. An asbestos report titled "Asbestos Survey Update Report Former Mariners Library" attached hereto and is considered as a portion of these Special Provisions. The Contractor shall apply for and obtain all necessary notifications, permits, and licenses as required by CAL -OSHA, AQMD, and other governmental agencies for asbestos work. The Contractor shall also remove all asbestos - containing materials (ACM) as described in the attached LFR report and provide the Engineer with daily manifests for record." 2-6 WORK TO BE DONE. Add to this section, "The work necessary for the completion of this contract consists of capping off utility services; removing and disposing of asbestos - containing materials; demolishing and hauling away Mariners old library building, including restrooms; providing backfill and site grading located at 2005 Dover Drive, Newport Beach, CA." 0 2 -9 SURVEYING • SP2OF7 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 5 - -- UTILITIES 5 -1 LOCATION. Add the following after the 3rd paragraph: "Upon completion of the 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." 0 • SP3OF7 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." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within fifteen (15) consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability of all equipment prior to the start of work. Unavailability of equipments 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 t the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4" the first Monday in September (Labor Day), November 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." 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 $123.00 per hour when such time periods are approved. • • SP4OF7 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 ". SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR 7 -5 PERMITS. Add to this section: "The Contractor shall obtain no -fee City Building Demolition Permit and a required Air Quality Management District (AQMD) permit prior to commencing work. The Contractor shall possess a 'Certificate of Registration for Asbestos- related Work' issued by CAL -OSHA for performing asbestos abatement/removal work. The Contractor shall file the work - completion certification when finished." 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 three calendar days notice of the time he desires the shut down of facilities to take place. The.Contractor shall protect and replace irrigation components and plant materials that are damaged outside of the construction limits." 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." 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 hftp://www.city.newr)ort- beach.ca.us/pubworks/links.htm." 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 0 9 SP5OF7 Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc." 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 parking area for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre - construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "Contractor shall meet the following requirements: 1. The Contractor shall park and stage his vehicles, equipment and materials with the City parking lot immediately adjacent to the work site. No vehicles or materials shall be parked or staged on streets in the area. 2. The entire work area shall be enclosed and protected from the public with a temporary 6 -ft high chain link fence at all times until the work has been accepted by the City. 3. All advanced warning sign installations shall be reflectorized and /or lighted. 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. 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 • SP6OF7 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 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a valid "A ", "B ", or "C -21" Contractor's License and a "Certificate of Registration for Asbestos - related Work" issued by CAL -OSHA for performing asbestos abatement/removal work. 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, and obtain no -fee City Building Demolition Permit and Public Works encroachment permit prior to commencing work. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The 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 Cap off Water and Sewer: Work under this item shall include cutting existing sewer and capping with plastic cap; cutting and capped off water line at the water meter. Item No. 3 Perform Asbestos Containing Materials (ACM) Removal and Disposal: Work under this item shall include obtaining a required Air Quality Management District permit; removing and disposing all ACM identified in the Asbestos Survey Report; and filing the work - completion certification. • • SP70F7 Item No. 4 Demolition of Existing Building: Work under this item shall include the demolition and haul -way of all items contained within the building's interior, exterior, roof, footings. All underground utilities shall be terminated and capped below the ground. All overhead utilities shall be terminated and secured at their respective distribution sources, with at least forty -eight (48) hours Notice to the City. This item shall include disconnecting conductors at the main circuit breaker at the fire station; removing and delivering to the City of Newport Beach Utilities Yard. This item shall also include collecting and removing all demolition /dust debris found outside of the work site due to inadequate debris and /or dust control.. Item No. 5 Backfill and Grading: Work under this item shall include importing Class A topsoil, compacting, and leveling the surface soil to 1 -in to undisturbed bed soil after the building demolition and all other work items as required to complete the work in place. FAUsem\PBW\SharedlContracts\FY 06- 0-AMARINERS PARK DEMO C•38641SPECS G3864.doe 0 • APPENDIX ASBESTON SURVEY UPDATE REPORT FORMER MARINERS LIBRARY Asbestos Survey Update Report Former Mariner's Library 2005 Dover Drive Newport Beach, California December 20, 2006 002 - 11005 -00 Prepared For The City of Newport Beach Department of Public Works 3300 Newport Boulevard Newport Beach, California 92658 Prepared By LFR Inc. 3150 Bristol Street, Suite 250 Costa Mesa, California 92626 011 L F R OURENVIRONMENTAL MANAGEMENT & OONSNLTING ENGINEERING The City of Newport Beach Department of Public Works 3300 Newport Boulevard Newport Beach, California 92658 Attention: Mr. Frank Tran E it Fi 11 Subject: Asbestos Survey Update Report, Former.Mariner's Library, 20115 Dover. Drive;, Newport Beach, California Dear Mr. Tran: Enclosed is the Asbestos Survey Update Report prepared by LFR Inc. (LFR) for the above - referenced property ("the Site'). This limited survey was performed as a follow -up inspection to a previous asbestos survey performed by LFR in 2001. The survey and findings of suspect materials encountered at the Site are enclosed herein. LFR appreciates this. opportunity to provide consulting services to the. City :of Newport Beach.: if you have any questions concerning this project, or would like to discuss other environmental matters, please feel free to contact us at (714) 444 - 0111. Sincerely, D U' a Douglas W. Coburn, CAC, REA Senior Associate Scientist Cal /OSHA CAC k 92 -0223 In 6r Jay M. Shipley Vice President — Southwestern Region 714.444.0111 en 714.444.0117 t 3t60 6rt%W Streit, SWt@ 260 w Jfr.c Orate Me". 00111 us 92626 -7324 0fkk NJ#WNft LFR Inc. CONTENTS CERTIFICATION................................ ............................... ............................ iii EXECUTIVESUMMARY .................................................... ..............................v I. INTRODUCTION ........................................................ ..............................1 H. SITE DESCRIPTION .................................................... ..............................1 III. METHODOLOGY ........................................................ ..............................1 IV. ASBESTOS SURVEY FINDINGS .................................... ..............................2 V. CONCLUSIONS AND RECOMMENDATIONS ................... ..............................3 APPENDICES A Limitations and Service Constraints B Summary of Asbestos Analytical Results C Analytical Laboratory Reports/Field Data Sheets D Certifications E Site Diagram 11005, Marker Library ASB Srvy.dm;R Page 1 1J 0 Fit CERTIFICATION The Updated Asbestos Survey described herein was conducted by Mr. Doug Cobum, a California Certified Asbestos Consultant of LFR Inc. (LFR). The investigation, performed by LFR consisted solely of the activities described in the Introduction of this report, and is subject to the Limitations and Service Constraints provided in Appendix A. Prepared by. California Certified Asbestos Consultant #92 -0223 N-2006 Neapmr B& Mafim UAry Ash Survey. &:CTS .. page 0 LFR Inc. EXECUTIVE SUMMARY On November 20'", 2006, LFR Inc. (LFR) conducted an asbestos survey update of the former Mariner's Library building located at 2005 Dover Drive, Newport Beach, California ( "the Site "). The objective of this survey update was to seek out any suspect asbestos materials that were not previously identified in the report dated September 18, 2001 and to perform destructive access to areas (under floor finishes, ceiling cavities, etc.) that were not readily accessible when the library was occupied in 2001. The inspection was performed by Mr. Doug Coburn, a Certified Asbestos Consultant, employed by LFR. Pending the findings described herein, it is the intent of the project to abate/ remove/ clean up any and all known ACMs, and to demolish the library building. For the convenience of the user's of this report, LFR will combine the findings of the 2001 asbestos survey to the findings revealed during the follow -up asbestos survey at this Site. The findings of the two surveys can be summarized as follows: 2001 LFR Survey: Black floor mastic was found under floor finishes "throughout" with an estimated quantity of 4,000 square feet. All other suspect materials sampled were negative for asbestos. November -2006 Survey Update: LFR identified new materials, not mentioned in the 2005 survey, which included Drywall and Joint Compound, Gray cement panels, bottom layer floor tile and mastic in the supply room and librarian's office, linoleum in the restroom/breakroom sink area (under existing floor tile), and gray floor float and black mastic under the floor tile in the community room and recreation office. A summary of findings from the combined surveys indicates asbestos to be present in the following materials: Material Description Material Location Analytical ACM Type roximate Result uanti Black Floor Mastic Under all floor finishes 2 -10% CH Miscellaneous 640 s.f. throughout the building except non- friable 7640 the staff restroom and adjacent break room Light Brown Floor Underneath 12 "x12" floor file in 2% CH Miscellaneous s.f. Tile supply room and Librarian's non- friable office Cream/Gold Pebble Staff /Employee's restroom and 30% CH Miscellaneous 60 s.f. Pattern Linoleum break room sink area (assume , friable under cabinets and associated (backing) walls of resnoom Gray Cement Panel Filler panels under the window in 20% CH Miscellaneous 22 s.f. 11005, Mari= Library ASB Srvy.dac:R Page v • i Levi ne• Fricke- Recon the Staff Room non- friable 1 (2 panels) CH = chrysotile asbestos s.f. = square feet The black floor mastic was found underneath various floor finishes such as vinyl floor tiles and carpeting. Also, the mastic may be found underneath floor float materials that were likely applied during the replacement of original floor finishes. It appeared the original flooring was removed (except in the Staff Room and Librarian's office), but the asbestos containing black mastic was left adhered to the concrete floor. As such, the floor float/leveling compound, floor tiles, and some carpeting are considered contaminated by the black mastic. These items should be removed under containment (Cal -OSHA Class II) conditions by a registered asbestos abatement contractor. The linoleum in the Staff restroom and kitchen sink area is assumed to be present underneath the restroom demising walls and sink cabinets. Demolition of these components will be necessary to adequately abate the linoleum. The linoleum should be removed utilizing a full containment, negative pressure enclosure. The cement panels should be removed as a Cal -OSHA, Class II abatement operation, but intact and without breakage to the material. Page 6 11005, Mariner Library ASB Srvy.dac:R 0 • LFR Inc. INTRODUCTION On November 20', 2006, LFR Inc. (LFR) conducted an asbestos survey update of the former Mariner's Library building located at 2005 Dover Drive, Newport Beach, California ("the Site "). The objective of this survey update was to seek out any suspect asbestos materials that were not previously identified in the report dated September 18, 2001 and to perform destructive access to areas (under floor finishes, ceiling cavities, etc.) that were not readily accessible when the library was occupied in 2001. The inspection was performed by Mr. Doug Coburn, a Certified Asbestos Consultant, employed by LFR. Analytical results for ACMs and non -ACMs sampled are discussed in Section IV. A summary of analytical results is presented in Appendix B. Laboratory reports and field data sheets are included in Appendix C. II. SITE DESCRIPTION The Mariner's Library building is located at 2005 Dover Drive, Newport Beach, California. The property is bordered on the North by Dover Drive and is surrounded on the East, South and West sides by Mariner's Park. At the time of LFR's inspection, the building was vacant and out of use. The Mariner's Library building is a single -story, concrete slab on grade, brick masonry building with wood framed roof. Interior demising (or non- load - bearing) walls were primarily plaster on lathe. Drywall system was noted in the Staff restroom and break rooms only. Floor finishes were primarily observed to be carpet and vinyl floor tiles. The ceiling finish was primarily T -bar and suspended ceiling panels. III. METHODOLOGY LFR performed this supplemental investigation for ACMs by first reviewing the findings of the 2001 asbestos survey (performed by LFR) and making visual observations for consistency in information provided in that report. LFR walked each accessible room of the building and noted any materials that were not accounted for in the 2001 asbestos survey report. LFR documented the new materials by material type, location, quantity, and condition and collected bulk samples of each new material. Bulk sampling was conducted in general accordance with U.S. Environmental Protection Agency (U.S. EPA) protocols set forth in 40 Code of Federal Regulations (CFR) Part 763. Bulk samples were placed in individual sealed plastic containers, each labeled with a unique sample number. Sample information such as the location, quantity, and condition of the suspect ACM was documented on a field sampling form. Sampling 11005, Marine[ Library ASS Smy.dx:R Page 1 LFR Inc. 0 0 equipment was cleaned between samples to prevent cross contamination. Sampling was conducted in a manner to minimize the potential for release of airborne asbestos fibers. Before sampling, LFR conducted a preliminary inspection to visually identify and quantify suspect ACMs associated with the site furnaces. Suspect materials were categorized into "homogeneous applications," at the discretion of the building inspector. A homogeneous area consists of a suspect ACM that is uniform in texture age, use, and appearance, is believed to have been installed at one time, and is not likely to consist of more than one type or formulation of material. Upon completion of the survey, bulk material samples were logged onto chain -of- custody forms and the samples were sent to LA Testing, with laboratories located in South Pasadena and Los Alamitos, California. The samples were analyzed using Polarized Light Microscopy (PLM) in accordance with the U.S. EPA's "Method of Determination of Asbestos in Bulk Samples," EPA /600/R- 93/116. A summary of the analytical results is presented in Appendix B of this report. The limit of detection of asbestos by PLM is approximately 1 percent by weight. Federal regulations state that ACMs are building materials containing greater than 1 percent asbestos by weight. However, the California Occupational Safety and Health Administration (CAL/OSHA) considers building materials with greater than one -tenth of 1 percent (0.1 %), but less than 1 %, to be Asbestos Containing Construction Materials (ACCM). Sample results reporting low levels ("trace" or < 1 %) of asbestos are not reliably quantified by the PLM analytical technique. To determine if a "trace" material contains greater than 0.1 percent asbestos, a test with a greater sensitivity, such as Transmission Electron Microscopy (TEM) or point counting, would be required. IV. ASBESTOS SURVEY FINDINGS AGMs were identified in association with the two Furnaces at the Site. Identified ACMs are summarized on the following table: AWerlad Aleleiiet Aabotoe nistaitd ;R41bri{t. Loatliptt Cadent :Tyke . :Qlniillty. Black Floor Mastic Under all floor finishe_a 2 -10% CH Miscellaneous 5,640 s.f. throughout the building non- friable except the staff restroom and adjacent bre ak room Light Brown Floor Underneath 12 "x12" floor 2% CH Miscellaneous 640 s.f. Tile the in supply roam and non- friable Librarian's office Cream /Gold Pebble Staff /Employee's restroom 30% CH Miscellaneous Pattern Linoleum and break room sink area , friable (assume under cabinets and (backing) Page 2 11005, M.1m, Library ASS Sr y.dneR 0 0 LFR Inc. Mau" �' l601"lal Atbutaa 'Malta" ;MftbWW-: DMCrrllt�On tocal on ca" ft TW* QNM*Y associated walls of restroom) Gray Cement Panel Filler panels under the 20% CH Miscellaneous 22 s.f. window in the Staff Room , non - friable 2 pawls) NOTES: CH = Chrysotile I.f. = linear feet s. f. = square feet A comprehensive listing of materials sampled and a summary of analytical results for these materials are included in Appendix B. Laboratory reports may be referenced in Appendix C. V. CONCLUSIONS AND RECOMMENDATIONS ACMs were identified by this asbestos survey. During the more recent investigation on November 20, 2006, LFR was able to perform a destructive survey by accessing spot check of wall cavities, under carpeting and floor float materials, etc. As a result, LFR found additional black floor mastic in the Community Room and Recreation Office. Additionally, LFR discovered a bottom layer of floor tile and mastic in the Staff Room (supplies) and Librarian Office and a layer of vinyl sheet flooring under the floor tile in the Staff Restroom extending to the Break Room Sink area. Two asbestos cement panels were also found under the window in the Staff Room. LFR recommends that the ACM identified by this survey be removed by a licensed asbestos abatement contractor under the guidelines as defined by local, state, and federal regulations prior to the start of any activities that will disturb them. LFR further recommends that LFR's environmental consulting services be engaged to develop a site specific asbestos abatement specification and for monitoring and oversight during the asbestos removal activities. LFR's abatement phase consulting services are designed to ensure enforcement of applicable regulations and specification requirements and to document activities and air monitoring data throughout the life of the project. At completion of the removal, LFR certifies areas "acceptable" for re- occupancy and compiles a comprehensive asbestos survey closeout report for the client's recordkeeping purposes. 11005, M.1w Libraz ASB SM.ftc:R Page 3 0 0 APPENDIX A Limitations and Service Constraints 0 LFR Inc. LIMITATIONS AND SERVICE CONSTRAINTS The opinions and recommendations presented in this report are based upon the scope of services, information obtained through the performance of the services, and the schedule as agreed upon by LFR Inc. (LFR) and the party for whom this report was originally prepared. This report is an instrument of professional service and was prepared in accordance with the generally accepted standards and level of skill and care under similar conditions and circumstances established by the environmental consulting industry. No representation, warranty, or guarantee, express or implied, is intended or given. To the extent that LFR relied upon any information prepared by other parties not under contract to LFR, LFR makes no representation as to the accuracy or completeness of such information. This report is expressly for the sole and exclusive use of the party for whom this report was originally prepared for a particular purpose. Only the party for whom this report was originally prepared and/or other specifically named parties have the right to make use of and rely upon this report. Reuse of this report or any portion thereof for other than its intended purpose, or if modified, or if used by third parties, shall be at the user's sole risk. Results of any investigations or testing and any findings presented in this report apply solely to conditions existing at the time when LFR's investigative work was performed. It must be recognized that any such investigative or testing activities are inherently limited and do not represent a conclusive or complete characterization. Conditions in other parts of the project site may vary from those at the locations where data were collected. LFR's ability to interpret investigation results is related to the availability of the data and the extent of the investigation activities. As such, 100% confidence in environmental investigation conclusions cannot reasonably be achieved. LFR, therefore, does not provide any guarantees, certifications or warranties regarding any conclusions regarding environmental contamination of any such property. Furthermore, nothing contained in this document shall relieve any other party of its responsibility to abide by contract documents and applicable laws, codes, regulations or standards. 11005, Mwimr Library ASB Srvy.doc:R Page A -1 APPENDIX B Summary of Asbestos Analytical Results 0 0 ) \ ) J ui ■ w 0 /e ` ` } � ! K k M E E ) § a 2 § ■;� ! .9 § ! a §k` ® § \ ,_ k\ W �■ kf . 0 |$$. 2!# / ) } E0 $! c 3 i� )��§ { k( 2 2 k f ! ® ) - ■ a / ) \� } ! ! - ° k d ! k, f § # 4 ! § . : Ih 7 a \ � % \ \ j ■ � � � j ) \ ) 0 APPENDIX C Analytical laboratory Reports/ Field Data Sheets I.J LA Testing )_ 159 Pasadena Avenue, Suttt!1 Pasadena, CA 91030 I8 r�r! °none: !32:11 24t -Wfio Fax: 131Ji 264-MV FnwiL I: %Sacr •aSn *; ^ie;c+li a +t <:a: ; A"": Doug Coburn Main Libmy Room Blackfflno m LFR Levine Fricke Inc- Customer ID: 32LEV150 N Perimeter Door Customer PO: 3150 Bristol Street Received: 11!21/06 10:30 AM Sure 250 LA Testing Order: 320615610 Costa Mesa, CA 92626 SW Employee's PInWBravn 10% Cellulose Fax: (714)444-0117 Phone: (714)444 -0111 None Detected .1M6r96rpopaT Project: Mariners Library - 2005 Dover Drive - Newport Beach LA TesOng Proi: Analysis Date: 11/2&2006 Heterogeneous Report Date: 11!2&2006 Asbestos Analysis of Bulk Materials via EPA 600 /R- 931116 Method using Polarized Light Microscopy Nrrn•ASbostrys Asbesto s sample Location Appearance % Fibrous % Non - Fibrous % Type ML- 2005.01 LC Man Library Floor White 100% Non4ibrous (other) None Detected 120e1561` m' East Side Nan-Fibrous Hanogateous ML- 2005 01 M Main Ubrary Floor Yellow 1001Y. Non - fibrous (other) None Detected 1k161561p 'A East Side Non- Fibrous Homogeneous NL- 200502 Main Libmy Room Blackfflno m 100% Nor1-fibrous (other) None Detected 3myssy0O001 N Perimeter Door Norn- Fibrous E of Main Entry Heterogeneous ML- 2005-03 SW Employee's PInWBravn 10% Cellulose 90% Non- librous (other) None Detected .1M6r96rpopaT RIR Q Sink Wall Non.Fibuars Heterogeneous ML- 2005.04 SW Enployee's BrovMCream 100% Non - fibrous (other) None Detected .1246r66rrrarAa RJR @ Sink Wall Nan - Fibrous Heterogeneous ML- 2005-05 Break/IOtchen White/Cream 100% Non -fibrous (other) None Detected 52p6rssy000al Roan, on E Wall Nort-Fibrous Heterogeneous ML- 200506 a2re+a6+aroos Anayst(s) ytfb Gromran (15) BreakWitchen While/Cream Room, an W Wall Non-Fibrous Heterogeneous 1000% Non - fibrous (other) None Detected a other approved signatory Geb mapsecdlpn hmiFdnuS n+n¢M11;@RAQ asheyos hbee5m tlntxn�m50 &@wo lesahVion capapl mt wni mmnst nnnlbclM SmnW.mpppl@ in an::lomne eaeClrq may re4wrc aaauanal lesnig try TEM broYlllml asbevas Qaam� lips nw aboae lest yepp6 rdalese^Nmnre Menu lrzal¢n and may" Myepyagcetl in any hvm wnnput On, ¢pxCS6 nrIllv+aaprontd LA Tmunp. LA TeSling]Ii00ihlyplinvlod to lne tOSl ai dna�ybig tFT¢SNnyb¢ars nO feSpnnSthAiry 1p Sample CdleLnon a:LnlieS Or aRlnfx:al n;(ahp11 Oni6YTS. h[NpdatlplpMyx Ol tell r@¢pIf4 Y¢IM1B RgIpnpYMWyd m¢tl;Mx ll; @IBi RxupSCpnlan¢pw;aNl lms MllGl n;p1N¢f4quRliCMSd NEL4C +mless dlmrvnx nol¢6 Sampes roumse6 m aaea caotl;lim unless dna'WiSe nde6 Samges m@en� m ropp roneunn unlos dhenv,te ndnf Ang,,mS peremed by to Tnama jri to M1 n.r,) PLM-1 i • LA Testing 159 Pasadena Avenue, Sai rh Poisadena, CF1810 i0 la�$�u� PhWrt TP. 25:.StH:n fyn: i:f:9; 25.13(f5: f rtiaii ..7an: !nhia;.tc •. 't ca:n Aan: Doug Coburn LFR Levine Fricke Inc. 3150 Bristol Street Suite 250 Costa Mesa, CA 92626 Fax: (714) 444-0117 Phone: (714) 444 -0111 Project: Mariners Library -2005 Dover Drive - Newport Beach • Customer 10: 32LEV150 Customer PO: Light Microscopy Received: 11,21100 10:30 AM LA Testing Order: 320615610 LA Testing Prol: Analysis Dale: 1172 &2006 Report Date: 112&2006 Asbestos Analysis of Bulk Materials via EPA 600 /R- 931116 Method using Polarized Black Under 1202 Light Microscopy White Tile Honmogensous SW Employees Non - Asbestos Asbestos sample i Location Appearance % Fibrous % Non- Fibrous % Type ML- 2005-07 Supply Room. W Gray7Green 80% Nan - fibrous (other) 20% Chrysotile a2oe75e10 Wall Under Fibrous Room. W Side of Non.Fihraus Windova Heterogeneous ML- 2005-08 T Supply Room Brown 98% Non-fibrous (other) 2% Chrysotile lfaeraatwarwe Under 12x12 Non - Fibrous White Tile Homogeneous l ( ..ML- 2005.08 M ]3grtbs +CilOPA LIL-2005.09 azsstssta000s ML- 2005 -10 T azostsat000m i ML- 2005 -10 M azaetssromtaa ML- 2005.11 T szasTasto-oon Analysts) Ydia Oroz n (15) Supply Room Black Under 1202 Nan-Fibrous White Tile Honmogensous SW Employees BrowNGray R/R Fibrous Heterogeneous Large Adlvily Gray Rom. W Side of Non -Fibrous Bldg Homogeneous Large Adlvity Blade Room. W Side of Non.Fihraus Bldg Homogeneous Recrealiom Office 90% Non- librous (other) 10% Chrysotlle 10% Cellulose 60% Neu-fibrous (other) 30% Chrysrune 100% Non{ibrous (char) 0% Chrysotile 90% Non- librous (other) 10% Chrysotile or other approved sgmtory Stop Positive (Not Analyzed) OM M"WfiCeiaremealR gmeRnl in PLat WMIPM slams i0 enIswW5loamy+ sre VWUlmn UPaorny or PSnr inay nG rearx. - Sampx•rI,,n cMmnp axkGletlTdy regrlra aaalWrp reemploy TEM re GYnenn aeb6b59Wfll�Yes. ilR dP0ae R5�RPM relaie9 pgYR Rexrms �sMtl One! may rtx MnywiAxaxl xr any!Mn rMmul trim QRar:a WnsanaxlMV.610(LAT ¢ yliny lA iaSRips YadlxY is 4mM31R lloe [pSl pf an:iySR lATQSlinyyeVS riyjjj INg ialxy,Or Samf [04•cuM aeln�xecmdna�yxCa�n�Qgma rvoW1F FMQmrxaOM inausOOr lgs!roN�la aR /p (RT{xxrAdlgypi llol CxMq mlQ let[rQeup5 CGM.ror9U rwinx�lwn rgrM Urger Ng rmlurMMnh pr NEl4G UN¢S5 WQnoHISC npks. Sampmes recelwam gwtl cMwu[n urdesswnensormrM Samdes recenetl in e000wnmuM Umess m!,vm•..se rmiee .Val is M by lA TMIv, INVL q 2a2 PLM-1 2 LA Testin,; f� 159 Pasadena dvenun, Sn;nh Pasadena. CA 4 WtM r �°tt�$TrnrG Phone: 111234 2r4soao r -: ^st ❑v::' sr::,.: 5:: :G•n.:r..ad :!.11:1:1..•.1.::11: Ayn Doug Coburn LFR Levine Fricke Inc. Customer ID: 32LEV150 customer PO: 3150 Bristol Street Received: 112110610:30AM Suite 250 LA Testing order: 320515616 i Costa Mesa, CA 92626 Fm: (714)444.0117 Phone: 17145444 -0111 LA Testing Project Maitmes Library - 2605 Dover Drive -Newport Beach � Analysis Date: 112 &2006 Report Date 112&2006 I Asbestos Analysis of Bulk Materials via EPA 600 /R- 931116 Method using Polarized Light Microscopy Non - Asbestos Asbastos sample Location Appearance % Fibrous % Non - Fibrous % Type ML- 200511M Reaealion Qgioe Stop Positive (Not azosreelomytA Analyzed) I i Anatyaga) Yr6a Gorman ll5) mother approved signatory GMiO rir)�pihrcr limldlpnSlNrerBM in PLhi aVWSlos hbryS In rlrngnypny p¢Ipry 11M r¢aMUliar apibrply rd PLklrmy nOl b¢tlelttlerl Svmples nlwrlatl.M <1 ". ri nrrnn dnd� rrGYr90rlrlaYdppNl l¢ipr® by TE4110giNnn 05pucrys gbanlrp95 IINI dMrv¢ Ia51 FyIXI RLVICy Only IOIIw iW.rrn rpsllH drul m8Y rW M RlMplutrpin fury Imm ziOWr r1Y! egi¢i5 Smuen apgorel d LA iespn9 U TeynrgT Ilalilrly ry npman Ip the twl d alwlYSrs U i¢slwgpeals tiro resppr�rkvinyfor smnpt¢ mI¢eppn a[pupas rc anal}trv'J rnranm Ilme]Ilblq brRrpl¢IaW:arq aS0d1¢61RWIIS JIaIMrCyxtri %ilnph: rM MOCepp ThB p5125UI1yCM18r1N Willun tlriF rprylln¢ Wlp ¢iC ( pN¢nlBn %dNELAC urtleK dn¢rvns¢ Melia $'Alrppb reCelVle N 9pp GprrellrRl tiN2yy OIIpYniSV rinXrrl $j/nrple5 rCLYVMXI 111 fJnW mrllNrgl Urll(55 dhl: n4r5L` 11111 F.f1 Ten 1NVI."SM3241 PLWI THIS IS THE LAST PAGE OF THE REPORT. 7 LFi, inc. Bulk Sampling Form , 6`G'a dPojecNave: /e�i net's %fnr Project No.: Date Collected: ( — 31 ry i Technician: Gobicrr� Sample Number Approx. Sample Description Sample Location Condition Square Homogeneous l Application Pl'A1 Results Wh, {e.�aa* 1cJeli ( 1 l nnr�an U t�'Zc'i'r� L- i�rq,�! FI U� v -rtidwt 4J'a.�l Carx.�oc�r;� jJ. �ar;:�,cf%a(ld,c�., 5 t7rYNUt1 GYP4�oA,c) �w ��,ptuy^zz�s taY }�WCti`\ �ai 1� OS G b'r F-.A �GAuCI G D SD GDSD G D SD 1 G D SD G D SD Gra��3�«w�n�' 01 G D SD l Go.Vtc GJe -�J. �+c(�rlh�6ncX� L F ! 5. �sry E y t2 r n wv r VSj C:t� w 13icr t G D SD I&w q r- :tim(��l<V �e6bSe p n �^.�iayzRcs. 0 J �r,�teun� cs r.( ora C {K r�s -Irsar G D SD {9Q S,dj Q { G D sn Notes: � � . �j c e�l whsis LAlaft tt /Z�'kaa 1 I�:ao G I 9 • APPENDIX D Certifications STATE OF CALIFORNIA DEPARYMENT OF INDUSTRIAL RELATIONS DIVISION OF OCCUPATIONAL SAFETY AND HEALTH ASBESTOS CONSULTANT and TRAINER APPROVAL UNIT 2211 Park Towne Circle, Suite 1 Sacramento, CA 95825 Toi: (916) 5742993 Fax: (916) 483 -0572 2070102230 LFR Inc Douglas W Coburn 3150 Bristol St, 250 Costa Mesa 13 CA 92626 Dear Certified Asbestos Consultant or Technician: x Arnold Schwarzenegger, Governor June 09, 2006 Enclosed is your certification card. To maintain your certification, please abide by the rules printed on the back of the certification card. Your certification is valid for a period of one year. If you wish to renew your certification, you must apply for renewal at least 60 days before the expiration date shown on your card. [8 CCR 341.15(h)(1)]. Please hold and do not send copies of your required AHERA refresher renewal certificates to our office until you apply for renewal of your certification. Please inform our office at the above address, fax number or actu @dir.ca.gov of any changes in your contact/mailing information within 15 days of the change. Si F cerely, / 0`" " Jeff Ferrell Senior Industrial Hy4ienist JF /ms Attachment: Certification Card cc: File (RffwAW -Cad ltedxd PeWnd 1d/11%) State of California Division of Occupational Safety and Health Certified Asbestos Consultant Douglas W Coburn Nome certification No. 92 -0223 07110107 Expires on_ -_— ._ --- Y Thy Ulefpfa. WFS d u;l,y rg OIH'Y001 0cwp11ooW 5bfetj ,xd!f WPi * aMO,izedty SeN 7180 d W, of the&itlne�mtl PrdcedmsCCde 1 N � • State of California Department of Health Services Lead - Related Certificate Expiration Construction 7voe Date Certificate tt pectcr /Assessor 1812 212 r 1 i z SIN c fur ,: io 1408 0 0 i � APPENDIX E Site Diagram 1i i t i� i I i & 4830?.5w, 1 lI 433038* i Ywng Adult (Roof) 4830184 485020 Section i 483013 g 483031 463079 483022 ;n 046482495 7 �36� 483014$' V 483015 V B Commuray, Room 4&1039V 483027 483028 (Roof) Reference \ 482 483021 483 8 B B Q 83017 Section * m 483010 . .y 483087 483018 \fMC (Roof) Ofte;y.ril c483004 SlOfaya 483009 `I �' 483032 1483002 483003 � 483023 �y 483008 Reference Break R Desk 482697 y3te8 Room 4830 B (R 7J7 '7483035 v� ^ - - - - -- (Roof). (1 ri 67 v$ EXPLANATION 0 Semple Location ► Positive Sample Location ` �ii■rl I V 483-333 MGM � 3006 :r 483007 Computer 483001 '7 Room 403038 Y (Root) Moaners Branch Ubrory W �¢ ACM Survey Site Plan o t�tu 6 Z Figure i R 7 Project No. 7194 i;z r W J 0 �/ 0 . CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 7 April 24, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department n Frank Tran C'- 949- 644 -3340 or ftran@city.newport- beach.ca.us SUBJECT: MARINERS PARKQI3R6NKY AND RESTROOM DEMOLITION -AWARD OF CONTRACT 3864 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3864 to Good Life, Inc., dba U.S. Construction & Trucking / Good Life Inc. (U.S. Construction) for the Total Bid Price of $84,796, and • authorize the Mayor and the City Clerk to execute the contact. 3. Establish an amount of $8,479 to cover the cost of unforeseen work. DISCUSSION: At 10:00 a.m. on April 10, 2007 the City Clerk opened and read the following bids for this project: BIDDER Low U.S. Construction 2 J & G Industries, Inc. TOTAL BID AMOUNT $84,796.00 $89,000.00 The low total bid amount is 54 percent above the Engineer's Estimate of $55,000. The substantial difference is due to the current escalating cost of building demolition work that includes removal and disposal of asbestos - containing materials, the current high demand for similar work by other agencies, and the lack of bidders. The low bidder, U.S. Construction, possesses California State Contractors Classification A and C -21 licenses as required by the project specifications. A check of the Contractor's references indicates they have satisfactorily completed similar projects for other municipalities, for school districts, and for Caltrans. •The work necessary for the completion of this contract consists of capping off utility services; removing and disposing of asbestos - containing materials; demolishing and Wriners Park Ubrary and Reshoorn •lion —Award of Contract No. 3884 April 24. 2007 Page: 2 hauling away Mariners old library building, including restrooms; and providing backfill • and grading the site after haul -away. Per the specifications, U.S. Construction will have 15 consecutive working days to complete the work. Liquidated damages are $500 per calendar day. Environmental Review: Not applicable for this project. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Geotechnical. Material Testing, and Survey Services: Geotechnical, material testing, and survey services are not anticipated for this project. Funding Availability: There are sufficient funds available in the following accounts forthe project: • Account Description Account Number Amount . General Fund 7015- C4120718 $59300 General Fund 7015- C5100817 $33,975 Total: $93,275 Proposed uses are as follows: Vendor Purpose Amount U.S. Construction Contract $84,796 U.S. Construction Contingency $8,479 Total: $93,275 Prepared by: Submitted by: Frank Tran ep adum Associate Civil Engineer lic orks Director Attachments: Project Location Map • Bid Summary C, 0 r LOCATION MAP MARINERS PARK LIBRARY AND RESTROOM DEMOLITION (2005 DOVER DRIVE, NEWPORT BEACH, CA) CONTRACT NO. 3864 TITLE: MARINERS PARK LIBRARY AND RESTROOM DEMOLITION CONTRACT NO.: 3864 ENGINEER'S ESTIMATE: $55,000.00 PROJECT MANAGER: FRANK TRAN CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BID LOCATION: City Cleft Offioe -City Hall DATE: 10 -Apr -07 TIME: 10:00AM BY: CHECKED: DATE: 0 f.Wssrs haredlcontmctWU1VIBID SUMMARY C- 3864 -* Page U.S. CONSTRUCTION J &G INDUSTRIES, INC. ITEM DESCRIPTION QUANTITY AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT 1 Mobilization 1 6,000.00 5,000.00 5,000.00 4,000.00 4,000.0 2 Ca Off Water & Sewer 1 2,000.00 2,500.00 2,500.00 2,000.00 2,000.00 3 Perform ACM Removal and Disposal 1 REET 10,000.00 13,200. 13,200.00 29 000.00 29,000.00 4 Demolition of Existin Building 1 30 000.00 48,W6. 48 596.00 49 000.00 49 000.00 5 Backfill and Grading 1 7,000.00 15 500.00 15 500.00 5,000.00 5,000.00 . 55 000.00 LOW 84 796.00 2ND 89 000.00 3RD 0 f.Wssrs haredlcontmctWU1VIBID SUMMARY C- 3864 -* Page