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HomeMy WebLinkAboutC-3865 - Irvine Terrace Landscape ImprovementsCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC November 24, 2010 Tal Cal Engineering, Inc. 22641 Valerio Street West Hills, CA 91307 Subject: Irvine Terrace Landscape Improvements (C -3865) To Whom it May Concern: On November 24, 2009, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on December 8, 2009, Reference No. 2009000656129. The Surety for the contract is Developers Surety and Indemnity Company, and the bond number is 763255P. Unfortunately, my office just discovered that the Labor & Materials Payment Bond was not released at the appropriate time. I have enclosed the Labor & Materials Payment Bond and the Faithful Performance Bond, and apologize for the delay. Sincerely, / C W UT Y eilani I. Brown, MMC U' rCity 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 BOND NUMBER 763255P PREMIUM INCLUDED IN PERFORMANCE BOND CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE TERRACE LANDSCAPE IMPROVEMENTS CONTRACT NO. 3865 BOND NO. 763255P LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Tal Cal Engineering, Inc., hereinafter designated as the 'Principal," a contract for construction of IRVINE TERRACE LANDSCAPE IMPROVEMENTS, Contract No. 3865 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3865 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, DEVELOPERS SURETY AND INDEMNITY COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety') are held firmly bound unto the City of Newport Beach, in the sum of Eighty -Eight Thousand, Nine Hundred Eighty -Two Dollars and 001100 ($88,982.00) lawful money of the United States of America.. said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract. for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 26 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 19th day of MARCH , 2009. Tat Cal Engineering, Inc. (Principal) DEVELOPERS SURETY AND INDEMNITY COMPANY Name of Surety 2122 E. HIGHLAND AVE STE 350 PHOENIX AZ 85016 Address of Surety (602) 522 -2663 Telephone Authorized Signature/ Title f+OZ L . � �fF•J P� 2srriEr.�f Authorized Agent Signature SHAWN BLUME, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND S U RETY MUST BE ATTACHED 27 CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On 1 C 0 before me, R. NAPPI "NOTARY PUBLIC" , (ilere insert name and tide of (he officer) personally appeared SHAWN BLUME who proved to me on the basis of satisfactory evidence to be the personfa) whose name(4is /aPe- subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his /heFkheir authorized capacity0es), and that by his/hc44heir-signature:14 on the instrument the person(; or the entity upon behalf of which the person(A) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand /and . official seal. d / ��� t Signature of Notary Pliblic t R. NAPPI COMM. #1796916 a NOTARY PUBLIC- CALIFORNIA RIVERSIDE COUNTY (Notary Seal) My Comm. Expires June 7, 2012 ADDITIONAL OPTIONAL INFORMATION- DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages _ Document Date (Additional indentation) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attomey -in -Fact ❑ Trustee(s) ❑ Other 2008Vcmion CAPAvl2.10.07800- 873 -9865 www.NotaryCloses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any, acknowledgment completed in Califorma mast contain verbiage exactly as appears above in the notary section or a separate aclmowledgmem form must be properly completed and atached to that document. rbe only exception is if a document is to be recorded outside of California. ht such instances, arty ahemative acknowledgment verbiage as ntay be printed on melt a document so long as the verbiage does not require the notary to do samething that is illegal for a notary in California (i.e. certifying the authortced capacity of the signer). Please . check the dacmnent carefullyfor proper notarial wording and attach thisform if required. • State and County information most be the Slate and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of polarization must be the date that the signer(s) personally appeared which most also be the same date the acknowledgment is completed. • The notary public most print his or her name as it appears within his as her commission followed by a comma and then your tide (notary public). • Print the names) of document signer(s) who personally appear w the time of notoriwtici • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/shciihey, is /pre) or circling the correct forms. Failure to correcgy indicate this information may lead to rejection of document recording. • The notary seal impression most be clear and photographically reproducible. Impression must not cover teat or lines. If seal impression smudges, re-seal if a sufficient permim, otherwise complete o different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. I- Additional informatian is not required but could help . to ensure [his acknowledgment is not misused or attached to a different document. �+ Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the sigraddocument CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT cr.'crcr,�,cr, .,c�^ r r:cr.. cry-- rcr, �r�rbrancrr, �<- s. �. cr, �< �- .- .catshn.cr.,rrac�.onzrr�.z:. State of California �I County of ( ®f iv LE-f OnUOL� 2dOi before me, A���i��tJL �l/Rt✓rr l� ^� -��y tAlda / Date Here Insert Name and Title of the O,nuer personally appeared A Dr L EV t/ p / Oommbslo Ca111ornh } Notary Public r 00 Los AE9p res Feb 26, 2012 M Comm. Place Notary Seal Above who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature /�G- 16.! Z Signature of Notary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Z-14�5o2 /qn/'o MATE," lS �j�y/Y/E j �ad✓® Document Date: M / 5 1 2- ,-:,rD 97 Number of Pages: Signer(s) Other Than Named Above: V1 / 9u Capacity(ies) Claimed by Signer(s) Signer's Name// 0- .C. V/ C�i lii� yv -,rg'Individual L Corporate Officer— Title(s): L Partner — ❑ Limited ❑ General ❑ Attorney In Fact ❑ Trustee L Guardian or Conservator C Other: Signer Is Representing: f C RIGHTTHUMBPRINT OF SIGNER Signer's Nat ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General Ci Attorney in Fact 17 Trustee C Guardian or Conservator -1 Other: Signer Is Representing: RIGHTTHUMDPRINT OF SIGNER Top of thumb here 9207 National Notary ASSOCIation •9350 01 Soto AVe., P.O.eoz 2402• Chatsworth, CA 91313- 2402•www.NananalNotaryorg Item #5907 Reortler Call TollFree18008]6 -6827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263 -3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint ** *Michael D. Stong, Rosemary Nappi, Shawn Blume, Jeremy Pendergast, jointly or severally * ** as their true and lawful Attomey(s) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(s) -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attomey; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any caNficate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF their respective Vice Presidentand attested by their respective Assistant Secretary this January 1st, 2008. By: . "'F,tN...ANDQ .. Stephen T Pate, Senior Vice President + ' kP �T. <I B Charles L. Day, Assistant Secretary 5 a i 9 3 6 , a'a State of California County of Orange CALIFORNIA have severally caused these presents to be signed by OppPAN V O� OP•POggT 9 F �=0CT.5 00 uJ 967 y p2 cq < /FOP��P `a= On Januarvl st 2008st 2008 before me, ChdstooherJ Roach Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephen T Pate and Charles L Day Name(s) of Signer(s) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose camels) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand CERTIFICATE Roach The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby candy that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Cernficale. This Certificate is executed in the City of Irvine, California, t /hhee day of llva'tdL _'�i%i }Gy Albert Hillebmnd, Assistant ecretary ID- 1380(Wet)(Rev.07107) BOND NUMBER 763255P CITY OF NEWPORT BEACH PREMIUM: $2,669.00 PUBLIC WORKS DEPARTMENT IRVINE TERRACE LANDSCAPE IMPROVEMENTS CONTRACT NO. 3865 BOND NO, 763255P FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 2,669.00 being at the rate of $ 30.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Tal Cal Engineering, Inc., hereinafter designated as the "Principal', a contract for construction of IRVINE TERRACE LANDSCAPE IMPROVEMENTS, Contract No. 3865 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3865 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and DEVELOPERS SURETY AND INDEMNITY COMPANY duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of Eighty -Eight Thousand, Nine Hundred Eighty -Two Dollars and 00 /100 ($88,982.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then. Surety will faithfully perform the same, in an arnount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 28 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety. for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 19th day of MARCH , 2009. Tal Cal Engineering, Inc. (Principal) DEVELOPERS SURETY AND INDEMNITY COMPANY Name of Surety 2122 E. HIGHLAND AVE STE 350 PHOENIX AZ 85016 Address of Surety (602) 522 -2663 Telephone X Authorized Signalure /Title Apr t . Golf`c / P/LZSxa��i Authorized Agent Signature SHAWN BLUME, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED +95 CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On 7a L before me, R. NAPPI "NOTARY PUBLIC" (Here insert name and title of the officer) personally appeared SHMN BLUME who proved to me on the basis of satisfactory evidence to be the personfa) whose nameWis /are - subscribed to the within instrument and acknowledged to me that he /shefthey executed the same in his /heF{Njeir authorized capacity0es), and that by his /hen heir- signatureJ4 on the instrument the person(; or the entity upon behalf of which the person(.) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. R. NAPPI WITNESS my hand and official seal. F " COMM. #1796916 m NOTARY PUBLIC- CALIFORNIA T ¢ �O. RIVERSIDE COUNTY ��> My Comm. Expires June 7, 2012 Signature of Nom ubl a (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document contmuedj Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Anomey -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA vl ?.10.07 800. 873.9865 www.NolaryClasses.com INSTRUCTIONS FOR COMPLETING TIES FORM Any acknowledgment completed in Califarnta muss contain verbruge exactly as appears above in the notary section or a separate acioundedgnrenr fomu must be Properly completed and attached to that document. 77re only exception is f a document is to be recorded outside of Calrfarnia. ht such instances, any alternative acknowledgment verbiage as may be printed on such o document so long as the rerbiage does not require the notary to do something that Is illegal far a notary in Cal forma (i.e. cern0mg the mahorked capacity of the signer). Please check the dochmmnt carefullyfor proper rmtarialwording and attach drisform if required. • Slate and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowle figment. • Date of notarization most be the dale that the sigrui personally appeared which most also be the same date the acknowledgment is completed. • The notary public most print his or her mine as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of polarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Wshe8hey- is least ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be elect and photographically reproducible. Impression must not cover lent or lines. If seal impression smudges; re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature an file with the office of Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. 0 Indicate title or type of attached documem, number of pages and date. le Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Californiapp 1 County of vC �G{C� Ji Onhfd2lL 0r l x'_062 before me, /motOi7,` .rv'ne�L � /l�iE < ✓1� %/tr�'774°1.ir i�yrawc) Date Here Insert Name and Title of t1te OHicer personally appeared 6 who 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 .It CNAMI6A capacity(ies), and that by his/her /their signature(s) on the C aswe l tT920 0 instrument the person(s), or the entity upon behalf of Noun Pab� CdNor which the person(s) acted, executed the instrument. Lot ads C� 26.2014 Gel 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. P , Place Notary Seal Above Signature Signature of Notary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: : - lGZ- Document Date: A/04IL i ty { % f 'Z- -�Z `j Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: o f .Z F- J ( � V/ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General _ ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Nat ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ILI� RIGHT THDMISPRINT OF SIGNER 0 0 2007 National Notary Association, 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402• w NatlonalNotary.org Item #5X)7 Reorder Call Tell -Free 1- a00 -8]6 -682] 16 .t n ricCC,rls,'7Yai�s vou,rh R ECFIV fly,Ci ekE�FCvrdai � RECORDING REQUESTED BY AND ��iflfiili;1(I'�11�VGI� u !'.it ;298 11l an11c /i ;Q i WHEN RECORDED RETURN T%, DEC 8 AM 10,, p `.CU tj 7 i ri. ":(% C�.(� , f ' 0 ^ ou ).Gib City Clerk OFFICE OF City of Newport Beach THE C1jy CLERK 3300 Newport Boulevard CIIY Tc nC CITY BEACH Newport Beach, CA 92663 "Exempt from recording fees T pursuant to Government Code Section 27383" tP NOTICE OF COMPLETION h/F NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, Tal Cal Engineering, Inc., of West Hills, California, as Contractor, entered into a Contract on April 14, 2009. Said Contract set forth certain improvements, as follows: Irvine Terrace Landscape Improvements (C -3865) Work on said Contract was completed, and was found to be acceptable on November 24. 2009, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Developers Surety and Indemnity Company. Works Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. r_^ Executed on J r -200 at Newport Beach, California. �ZBY U7 rk CITY OF NEWPORT BEACH I I NOV 2 d 20 9 CITY COUNCIL STAFF REPORT November TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Fong Tse, Principal Civil Engineer 949 - 644 -3321 orftse @city.newport- beach.ca.us SUBJECT: IRVINE TERRACE LANDSCAPE IMPROVEMENTS — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3865 Recommendations: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. 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. 3. Release the Faithful Performance Bond one year after Council acceptance. Construction Contract Summary: Construction Contract Final Cost at Benchmark Contract Time (days) Award Amount Completion Target Actual Time (days) Under ( -) or Over + $88,982.00 $119,232.20 Contract Contract 45 +24 +10% +36% Discussion: On April 14, 2009, City Council authorized the award of the Irvine Terrace Landscape Improvements Project to Tal Cal Engineering, Inc. The contract provided for the removal of select portions of the existing asphalt concrete pedestrian /bicycle path along southerly East Coast Highway between Jamboree Road and Avocado Avenue to provide a more uniform travel path width and replace existing and install additional new parkway landscaping and irrigation. The project encountered three unforeseen delays during the work. The first delay was caused by the discovery and necessary removal of an extensive amount of old roadway pavement buried 12 plus inches below the surface that was not identified during project _ Irvine Terrace Landscape Improvements- Completi�. _And Acceptance of Contract No. 3865 November 24, 2009 Page 3 Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work, two City - prepared construction informational notices were distributed by the Contractor to Irvine Terrace Association residents and the businesses within the work vicinity. The first notice was distributed ten days prior to the scheduled work. The second notice was distributed 48 hours before the work commenced. Funding Availability: In addition to the original construction contract, this project involved other project expenses, as summarized below: Construction Project Management Landscape Consultant Construction Inspection Incidentals Total Project Cost $119,232.20 11,936.18 27,000.00 1,330.00 538.54 $160,036.92 Funds for the construction project were expended from the following account: Account Description General Fund Contributions Prepared by: Civil Engineer Account Number 7013- C3170904 7251- C3170904 Total: Submitted by: Amount $ 99.232.00 20.000.00 $119,232.00 A G. Badum Works Director CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC December 3, 2009 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notices of Completion for the following projects: 1) Community Youth Center Roof Rehabilitation Project (C -4195) 2) Irvine Terrace Landscape Improvements (C -3865) Please record the enclosed documents and return them to the City Clerk's office. Thank you. Si �Leilani I. Brown, MMC City Clerk Enclosures lefq�y CITY Cl� ax- 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 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, Tal Cal Engineering, Inc., of West Hills, California, as Contractor, entered into a Contract on April 14, 2009. Said Contract set forth certain improvements, as follows: Irvine Terrace Landscape Improvements (C -3865) Work on said Contract was completed, and was found to be acceptable on November 24, 2009, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Developers Surety and Indemnity Company Works Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on J`` � 3 -2400 at Newport Beach, California. BY �--� — y rk CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. i i June 23, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Fong Tse, P.E. 949 - 644 -3321 orftse @city.newport- beach.ca.us SUBJECT: IRVINE TERRACE LANDSCAPE IMPROVEMENTS — PERMISSION TO INCREASE CONTINGENCY AMOUNT TO ACCOMMODATE UNFORESEEN EXTRA WORK - CONTRACT NO. 3865 RECOMMENDATIONS: Authorize a total not -to- exceed contingency amount of $37,018 (42% of the total bid amount). DISCUSSION: The City Council, at its April 14, 2009 regular meeting, awarded the Irvine Terrace Landscape Improvements Project to Tal Cal Engineering for the $88,982 low bid and a $8,900 (10 %) construction contingency for a total award amount of $97,882. During construction and excavation of the parkway, it was discovered that the existing parkway and asphalt concrete travel path was constructed on top of an old roadway. Ground covers were then installed above the buried asphalt concrete pavement. The extra work to dispose of the buried pavement between Jamboree Road and Irvine Terrace and the additional irrigation system components required to make the design shown on the plans functional have depleted the 25% contingency amount approved by the City Manager in accordance with Council Policy F -3. Additional removals still need to take place between Irvine Terrace and Avocado Avenue in order to install the new parkway improvements at depths below the buried pavement and concrete layer. Since the work site has been exposed, staff does not anticipate other changed field conditions. The total contingency amount needed to complete the project is approximately $37,018 or 42 %. While a 10% contingency allotment would be sufficient for most projects, the cost of non - competitive change orders can escalate and quickly surpass the minimal 10% contingency allotment on a small project. The percentage change on small project change orders then appears excessive. The approximated total cost of this project including all change orders is $126,000. The next responsive total base bid amount received on this project was $149,008.67. CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 AM on the 12th day of March, 2009, at which time such bids shall be opened and read for IRVINE TERRACE LANDSCAPE IMPROVEMENTS Title of Project Contract No. 3865 $115,000 Engineer's Estimate Approved Director rctive`b+dders may obtain one set of bid documents for $25 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project: "A" For further information, call Fong Tse, Project Manager at (949) 644- 3321 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.city.newport-beach.ca-us CLICK: e- onlineservices /e bidPublicWorks CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE TERRACE LANDSCAPE IMPROVEMENTS CONTRACT NO. 3865 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 IRVINE TERRACE LANDSCAPE IMPROVEMENTS CONTRACT NO. 3865 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL ISSUED BY AGENCY PRIOR TO 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 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. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770 -7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. Contractor's License No. & Classification Bidder Authorized Signature/Title Date CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE TERRACE LANDSCAPE IMPROVEMENTS CONTRACT NO. 3865 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF THE AMT. BID NOT TO EXCEED $13,000.00 Dollars ($ 10% OF BID AMT), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of IRVINE TERRACE LANDSCAPE IMPROVEMENTS, Contract No. 3865 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 10th day of MARCH 2009. q TALCAL ENGINEERING, INC. �PS��i' Name of Contractor (Principal) Authorized Signature/Title WESTERN SURETY COMPANY �! Name of Surety Authorized Agent Signature 101 S. PHILLIPS, SIOUX FALLS SD Address of Surety 57117 (1800 331 -6053 Telephone SHAWN BLUME, ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On 3 10 before me, R. NAPPI "NOTARY PUBLIC" (Hem insert name and tide of the officer) personally appeared SRAFIN BLUME who proved to me on the basis of satisfactory evidence to be the person) whose names is4we- subscribed to the within instrument and acknowledged to me that he /sheMvey executed the same in hisAwrAheir authorized capacityfies), and that by his/ht;W#wWsignatureps on the instrument the person{; or the entity upon behalf of which the persona acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. R. NAPPI WITNESS my hand and official seal. H COMM. #1796916 ! NOTARY PUBLIC - CALIFORNIA ! r t RIVERSIDE COUNTY r MY Calmat. Expires COUNTY 7, 2012 Sigamure afNotary Public (Nanny Sea)) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description ofatmcbed document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Tide) ❑ Pantner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 vemion CAPA x12.10.07800. 873.9365 avww.NatnryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed a Cahfmaia mart ronmin wn age exactly as appear above in the notary Beaton or a separate acktwwledgmcm form anal be properly cmtplefed and attached to that doeaseene The only exception is if a document is to be recorded oushie of Calo mia. In such insroacrx any ahernalnr ockrwrvledgi em swbiage ter map be printed on such a doctmtent so hag m the verbiage does out require the nary m do =vrlhing don is ihiegal for a notary in Cal(/ornia flee. terrifying the auhorLed cquactty of the signer). Pkare check the docianew corefrdlyforpraper rurnrklwording and oaach tiasfarm ifrequrad. • Stme and County Information most be the State and County where the document signm(s) personally appeared befbm the notary, public for acknowledgment • Date of notarization most be the data that the sigtar(s) personally appeared which most also be the same date the acknowledgment is completed. • The notary pudic must print his or her tame as it appears within his ar her commission followed by a comma and then your tide (notary public). • Print the names) of document sisner(s) who personally appear at the time of • Indicate the correct singular w plural lams by crossing off incorrect forms (i.e. helslaAhey, is /ere) or circling The comet forms. Failure to correctly indicate this informaaon may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression term not cover tan or lines. if sea) impression smudges, re -seal if a sufficient area permits, otherwise complex a different acknowl:dgment form • Signature of the notary public must match the signatuc on ale with the office of the county clerk. 4 Additional information is not required but could help to owe ibis acknowledgment is not misused or atuched to a different document. 4 Indicate title or type of •[ached document, somber of pages and date. 4 Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the file (i.e. CEO, CFO, Secretary). • Securely attach this document to the signeddocumera Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Michael D Stong, Rosemary Cisneros, Shawn Blume, Jeremy Pendergast, Individually of Riverside, CA, its true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seat to be hereto affixed on this 19th day of October, 2007. svrrr WESTERN SURETY COMPANY 'poor ;a ,N orwS Paul . Bmflat, Senior Vice President State of South Dakota l County of Minnehahe 3 ss On this 19th day of October, 2007, before me personally came Paul T. Brufiat, to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires +b4444444b4bbbbgg4444gqqb D. KRELL November 30, 2012 i seat NOTARY PUBLIC SEAL r SOUTH DAKOTA ♦bb44444gg4g4qhbhb4bbbqq D. Krell,NcTllry Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney "hereinabove set forth is still in force, and further certify that the By -Law of the corporatio)n np�n{n�t�gd on the reverse hereof is still i force. In testimony wheerr�eof I have hereunto subscribed my name and affixed the seal of the said corporation this —J. �--M day of le, 45 WESTERN SURETY COMPANY �4 EAR cY C0.r� L. Nelson, Assistant Secretary I= F4280 -09 -06 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. a>_a>_a. �-�.,a..a50. 1' �trni P, it , ,.a> aS,.a5.a5. .ti.r.�,:,,,.�,...vn5,.� .a[a�z,••`t!+at:.�. n..ai£t....->.a>v� ✓�; > a State of California County of o Os 4 n! C, EGES On before me, l'?DY1! AfOeYt 61AWtO, Date Here Insert Name and WIN OHimr personally appeared '401 Z—F V y C 49 G1 Ei✓ Names) M Signer(&) � cattt�` Place Notary Seal Above who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature , ^` !—e, -� L Signature M Notary %bllc OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Y ' ` 6w Gd7 /,or .2-0 ZS% Number of Pages: Signer(s) Other Than Named Above: l� Capaclty(les) {Claimed by Signer(s) Signer's Name: /T / L E ✓`� 1017r�✓ Individual ❑ Corporate Officer— Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Top of thumb here • Guardian or Conservator • Other: Signer Is Representing: Signer's Net ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General • Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMHPRT OF SIGNER c+ rr r • •.•c ✓rte �r V :rr Best's Rating Center - Company Information for Western Surety Company Center Industry Research Ratings Definitions k Sea ch Best's Retinas Press Releases Related Proul, -tz 1 Ind ry � Regional Country Risk Structured Fnarlce How to Get Ratlxt Contact an Analyst ;>, 'e cw Ratings: Financial Strength Issuer Credit Securities Advancer) Search Western Surety Company Long Term: a ,alcnn tics cnmpen,exl Outlook Stable A. N.B.a�1 X'40919 XNC Y: 1]198 FEIN 0: real D9900 Action: Affirmed Address: P.O. Box 5071 Phone: 605336 -0850 Sou,, Falls, SO 57117-K77 Fax: 605 -330 -7416 Effective Date: December 16, 2008 Web: www cnasurety.com Best's Ratings Page 1 of 2 tinter web Centers FS, Thib �a4n9 is as iSir. w 14m{v1es Ibal nave i ":' na.krx ci, 9y to meal Ne9 (Rr enw r, C an'. a to 9a"rud : t Financial Strength Ratings View Definitions Issuer Credit Ratings View Definitions Rating: A (Excellent) Long Term: a Affiliation Code: g (Group) Outlook Stable Financial Size Category: X ($500 Million to $150 Mifiion) Action: Affirmed Outlook: Stable Date: December 16, 2008 Action: Affirmed Effective Date: December 16, 2008 * Denotes Under Review Ratings. See rating definitions. Reports and News Visit our NewsRoom fair the latest news and press releases for this company and its A M. Best Group. 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If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: Address: Phone: State License Number: Name: Address: Phone: Stale License Number: Name: Address: Phone: State License Number: %AC-G 4 rNe. ze �'/lasljo�A> Bidder Authorized ignature(fitle CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE TERRACE LANDSCAPE IMPROVEMENTS CONTRACT NO. 3865 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name %mil LCD L &w&. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number Project Description C ttiTdAl RtSi DF,✓ i 4wtd s i It Iw d 1-k Approximate Construction Dates: From 1 D 0 To: g o d Agency Name Contact Person RAS/L /44; ,4 c d c d Telephone (81) ) 162 % t/ y� Original Contract Amount $ ei &0 Final Contract Amount $ So+ t z 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. ND No. 2 Project Name /Number NO tkr p_ {qD( CAL Project Description C Od ( k/% M 01 A6 SP k'4? r IhIGAi / 0.4 gAID LR,rL.0 c 41) J,vC-- Approximate Construction Dates: From c. 0 6 To: co-O6 6 Agency Name Contact Person -571 V e 14e b l Telephone (323 7B) 12 S Original Contract Amount $ ?19 000 Final Contract Amount $ 219 d7m If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name /Number rnl(NF kd ekO / Project Description fNV G % h( / P&,4 7- — - Approximate Construction Dates: From 2006 To: 200 7 Agency Name Contact PersonW1#* d 0 wall i t� Telephone Original Contract Amount $ 02 G0 Final Contract Amount $ 26O 000 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. /to No. 4 Project Name/Number SepehSee/ k16N ScAled/ Project Description �AvtdE A./D C0,4Ckaj t f k1tYA1 r4A1D lNSI%lf�%id✓ f Approximate Construction Dates: From _JkJ.Y ,200 To:,j UG 2190J Agency Name Contact Person ?njdah SN %darr f Telephone ($18) IV067,P 7 Z Y ivo) n.5-ax 12 Original Contract Amount $300,000 Final Contract Amount $ SAM L 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 youlContractor? If yes, briefly explain and indicate outcome of claims. NO No. 5 Project Name /Number 3YKD AO/ SCN00 Project Description Cdocko q vd r SIDE WA/K LAWCAPIdG XHF-ai 10AM w0 %k Approximate Construction Dates: From h A 2 O0 To: i U N 260d4' Agency Name L • 13, U. S, 1) , Contact PersonC -S. J. WC 20 Net- S,f ION i Telephone (Po 00 -P ?3 dt Original Contract Amount 07/f000 Final Contract Amount $ 02f 000 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 6 Project Name /Number Cli:-Y All Project Description S/ 7T &P h* elt�, Ci p(C /DoV/Xc; ETC r Approximate Construction Dates: From 2e400 To;`'' / d60"o Agency Name L. i9- G- S. D . Contact Person C• 5. 1. 1/1C 2� O NAk SA sAnTelephone (004R 00P37f f Ve Original Contract Amount $3 /? Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. ;I-LG4L Bidder r— Authorized Sign re/Title iDl CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE TERRACE LANDSCAPE IMPROVEMENTS CONTRACT NO. 3865 NON - COLLUSION AFFIDAVIT State of California } ) ss. County of (aS ) being first duly sworn, deposes and says that he or sheds s of e--4'L- e'A/b. *'-NC.' , the party making the foregoi g bid; that the bid is not made in the interest of, or on behal of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the taws of the State of California that th f egoing is true and correct. �-ccaG �.vrr. �. C- B Bidder Authorized Signatu ide Subscribed and sworn to (or affirmed) before me on thisIL!Iday of N A4LC41. 2009 by Apt L-E vy co }f E ,11 or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MOHINOER CHAWLA AOMM Commbilon N 1792060 [SEAL] me" Pubft - California Loa An9alaa CourHy Mir Gastm. EWW fib 26,2012 11 X� Notary Public My Commission Expires: 626 ) 20 %'Y CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE TERRACE LANDSCAPE IMPROVEMENTS CONTRACT NO. 3865 DESIGNATION OF SURETIES Bidders name � -!� "- Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): 64 �'r 3 3'r eW' ?) 3 4g - Z6Y1 `SRS /�2Ll.� 6> ya�l r S ✓� r �'✓ a %Lr��2r:�� , Gq %2T'a� i9,s'Ii 3463 - o38z f Ya CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE TERRACE LANDSCAPE IMPROVEMENTS CONTRACT NO. 3865 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name t'C Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Year of for for for for for Record 2008 2007 2006 2005 2004 Total 2009 No. of contracts Total dollar Amount of Contracts (in / Thousands of $ No. of fatalities No. of lost Workday Cases No. of lost workday cases Q involving permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Legal Business Name of Bidder 74-6,n-,4 4- 2--✓C- Business Address: 2ZGf�/ P/,44-6-lG10 ST d+ie:W-(>/rY /s, Cs Business Tel. No.: /8 r, ) S-a E, _ -7 / ¢ -7 State Contractor's License No. and Classification: 2S" 2¢ Z A- Title �sioaz✓� The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE TERRACE LANDSCAPE IMPROVEMENTS CONTRACT NO. 3865 ACKNOWLEDGEMENT OF ADDENDA Bidders name 7'4 ,L,:Z4 6 The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received 2ignature L O 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 IRVINE TERRACE LANDSCAPE IMPROVEMENTS CONTRACT NO,8865 DATE: 2/24/2009 BY: Civil Engineer TO: ALL PLANHOLDERS Page: 1 of 1 The following changes, additions, deletions, or clarifications shall be made to the Contract Documents — all other conditions shall remain the same. NOTICE INVITING BIDS: 1. Change "contractor license classification(s) reqired for this project:" from "A" to "A" or "C -27" 7 -15 CONTRACTOR'S LICENSES. 1. Replace "the Contractor shall possess a California Contractor's "A" License" with "the Contractor shall possess a California Contractor's "A" or "C -27" License" Bidders must sign this Addendum No. 1 and attach it to the bid proposal. No bid will be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. Bidder's Name (Please Print) 3110 lo Date AuthorizedVgnature & Title %1P1'' 4, cotie„ i , CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE TERRACE LANDSCAPE IMPROVEMENTS CONTRACT NO. 3865 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 goroorafinn � eve ��' Business Address: LA. t -61"O 57- !yt/E°Sr /fiGLs 64 913e7 Telephone and Fax Number: r6& (, ) 9-0b -7/47 j0e8 California State Contractors License No. and Class: Z ,4 (REQUIRED AT TIME OF AWARD) Original Date Issued: // ° �' Expiration Date: 11.130 /o 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 Z -Z&9¢1 I/At&rko sr:., Telephone !N. !/!q 0 rj /A7 Corporation organized under the laws of the State of IN Sb6 -7147 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if .necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; A-A you ever had a contract terminated by the owner /agency? If so, explain. ever failed to complete a project? If so, explain. a For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for lab, compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes /U Are any claims or actions unresolved or outstanding? Yes / ) 17 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. 75-44C-4L Bidder ASS G. cn 14e' (Print name of Owner or President of Corporation /Company) 1d Aitc-EW , Authorized nature/Title Tit e Date On (;L" 1 2 o o before me, Ma-41 (\f06yL_ CVI AV E�R , Notary Public, personally appeared pt r) 1 LEVY c-6 H F_ ruf who 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 /sheithey 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CHXMA ! 170p 17" ' /C� Ca�Inlbtf011 D10 Abh1y NICC • CNNotnp (SEAL) Ln Anp* Courdy Notary Public in and for said State F026 J0121 My Commission Expires: iH CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE TERRACE LANDSCAPE IMPROVEMENTS CONTRACT NO. 3865 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Ratina 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. 11.01 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE TERRACE LANDSCAPE IMPROVEMENTS CONTRACT NO. 3865 CONTRACT FA al AGREEMENT, entered into this Allay of , 2009, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and T 1 Cal Engineering, Inc., a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: IRVINE TERRACE LANDSCAPE IMPROVEMENTS The work of this contract consists of removing and disposing of existing parkway asphalt concrete paving, install parkway irrigation and landscaping, perform plant establishment and maintenance, and install bikeway striping. 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. 3865, 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. PH 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 -Eight Thousand, Nine Hundred Eighty -Two Dollars and 001100 ($88,982.00). 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. The Contractor and City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the contractor shall be required to file any claim the Contractor may have against the city in strict conformance with the Tort claims Act (Government code 900 et.seq.). 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: Fong Tse (949) 644-3321 CONTRACTOR Tal Cal Engineering, Inc. 22641 Valerio Street West Hills, CA 91607 818 - 715 -7189 818- 888 -5871 Fax INSURANCE Without limiting Contractor's indemnification of City, and rip or to commencement of work. Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. Certificates of Insurance. Contractor shall provide original certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 21 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. 2. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. 3. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 4. Coverage Requirements. a. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. b. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. c. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. 5. 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 22 volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6. 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 elected or appointed 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 elected or appointed officers, officials, employees, agents or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. 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. vi. The insurer shall agree to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. b) 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. Timely Notice of Claims — Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this agreement. 23 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. 7. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 8. 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. G. 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. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the 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 G.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. 24 H. 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. J. 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. Title: oiOrsnrrs/ c-,*-o Print Name: AOS . L r Cold, -J By: w (Financia Officer) Print Name: 6, Ca4a -n/ Please note: Corporations must complete and sign both places above even if each office is held by the same individual 25 BOND NUMBER 763255P PREMIUM INCLUDED IN PERFORMANCE BOND CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT IRVINE TERRACE LANDSCAPE IMPROVEMENTS CONTRACT NO. 3865 BOND NO. 763255P LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Tat Cal Engineering, Inc., hereinafter designated as the "Principal," a contract for construction of IRVINE TERRACE LANDSCAPE IMPROVEMENTS, Contract No. 3865 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3865 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth' NOW, THEREFORE, We the undersigned Principal, and, DEVELOPERS SURETY AND INDEMNITY COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of Eighty -Eight Thousand, Nine Hundred Eighty -Two Dollars and 001100 ($88,982.00) lawful money of the United Slates of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies. implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same. in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 26 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of lime, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 19th day of MARCH , 2009. ► /% t, r c c ty&.1 1' Tat Cal Engirleering, Inc. (Principal) Authorized Signature/ Title /»i L• CoA74CJ //°RES�dE�/T DEVELOPERS SURETY AND INDEMNITY COMPANY �N Name of Surety 2122 E. HIGHLAND AVE STE 350 PHOENIX AZ 85016 Address of Surely (602) 522 -2663 Telephone Authorized Agent Signature SHAWN BLUME, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SU RETY MUST BE ATTACHED 27 CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On �a before me, R. NAPPI "NOTARY PUBLIC" (Here insert cane and tide of the ofricer) personally appeared SHAWN BLUME who proved to me on the basis of satisfactory evidence to be the personA whose nameW is/me-subscribed to the within instrument and acknowledged to me that he/shekhey executed the same in his/henttlieir authorized capacityfia, and that by his/hadtheirsignaturef4 on the instrument the person(W, or the entity upon behalf of which the persona acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. //C 42;1 21 Signature of Notary Nblic R. NAPPI COMM. #1796916 IE NOTARY PUBLIC- CALIFORNIA m RIVERSIDE COUNTY (Natary Ste) My Comm. Expires June 7, 2012 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Tide or description of enriched document) (Tide or description ofatlached document cmdmsed) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (TNe) ❑ Partner(s) ❑ Attorney-in-Fact ❑ Trustee(s) ❑ Other ZOOS Version CAPA 112.10.07 800.87 }9865 a vww.NooryClassesmn INSTRUCTIONS FOR COMPLETING THIS FORM Any acbmwteegnmm completed N CGafmna must corsair verbloge ernedy as appears abate in the notary settler or a separate ark" wfedgmem forth mart be property completed and attached to dm document. The only exception is If a document is to be recorded wucale of Cal fhnnur . In such butmtres. any altemiraw acknowledgment rerbluge as may be printed on such a donorent so long ar dre verbiage does rot require the notary to do something dot is Nbgal for a cowry in Cal#mma li.e certifying the amhorL-ed capacity of Our signer). Please dmek the document carefdlyfw proper notariel word rag and amech odr form ifregNred. • State and County information must be the Slate and County where the document signei(s) personally appeared before the notary public foracknowledpnmt. • Date of constitution moat be the date that the signes(s) personally appeared which must aim be the same date the acknowledgment is completed • The nary public must print his or her enter as it appears withal his or her commission followed by a mines and ion your tide (notary public). • Prim the enme(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect prime (La. hdshn:ldwyr is /are) or circling the cmmct fomu. Failure to correcdy indicate this information may lead to rejection of document retarding. • The notary seal impression must be clew and photographically mptedueiblc Impression mua not cover tea or lines. If seal impression smudges, "tai if sufficient men pentiu, otherwise complete a different acknowledgment font. • Signature of The notary public must match the signature on file with the office of the county clerk. i Additional infanmetion is mot required but could help to owe this acknowledgment is cur misused m enacted to a dffeent document. 4 Indicate tide or type of enacted document, number of pages and date. 4 Indicate the capacity clairned by the signor. If the claimed capacity is a corporate officer, indicate the talc (i.e. CE(X CFO, Secretary). • Securely attach This document to the signed documere CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT �:;waer -»� .- n�•al.�- n�..rwch.�n -. �e4�. ray, �r. �,(>. eC, eCZ... �.- n, 0y'. e. cr-». �- r.•, r. �-. n�a-, �r... r�..» �. rr .�r.�,c�,- ,...- .n..n.M- ..,ci'^( State of California County of ol 4 f' A rv-l9 E LgE`S 1 On dl 2rd before me, /�i0A11o'''-r')t'7(. (Fl.4WGA IAI/ro�Ny s1dQUr Data Here Insert Name and Tithe of M Of ioer personally appeared A ar EV- t/ 60P1 �✓ Names) ot Sigrre e) who 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/herRheir authorized tK1I capacity(ies), and that by his/her/their signature(s) on the Cyggtc C instrument the person(s), or the entity upon behalf of „y 0. CooMY which the person(s) acted, executed the instrument. E>< res Feb 26.2012 COMM, 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature - Af on` Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: LA 30 A-'- 1j iyo MR rE.t t �r es (�� f�fYJE rr7 OSd A �� Document Date: Moe26a4 2—erg 9j Number of Pages: 2 . Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Namexo/ ✓r col/ /� Individual L Corporate Officer—Title(s): O Partner — Ll Limited L! General CI Attorney in Fact U Trustee L� Guardian or Conservator F-1 Other: Signer Is Representing: —f i L� RIGHTTHUMRPRINT OF SIGNER Signer's Nal L Individual L Corporate Officer — Title(s): J Partner — CI Limited �i General L Attorney in Fact "Trustee CI Guardian or Conservator I Other: Signer Is Representing: HIGHTTHUMRPRINT OF SIGNER ® 2997 National Notary Associabon• 9350 De Soto Ave., P.O. Box 2902,Clbatawortb. CA 91313r2902,x .NabonalNotaryorg darn MW7 Rwrdar.Cell ToA- Free1-80M76e8V POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNIFY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 203300 KNOWALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ** *Michael D. Stong, Rosemary Nappi, Shawn Blume, Jeremy Pendergast, jointly or severally * ** as their true and lawful Adomey(s) -in -Fact, to make, execute, deMer and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting urdo said Alfomey(s}in -Fact full power and authcity to do and to perform every ad necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the ads of said Attomey(s) -in -Fad, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and Is signed by facsimile under and by authodty, of the following resolufions adopted by the respectve Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attaney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers 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 shall be valid and binding upon the corporations when so affixed and In the Barre with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF their respective Mira President and adesfed by their respective Assistant Secretary this January 1st 2005. BY Stephen T. Pale. Senior Vice President g� `pPpORT \ }� L W ! O OT. By. Charles L. Day, Assistant Secretary o f 1 rowr 936 faR ,-No.,. State of California ^+,,,,,, *�,,,,�•°� County of Orange CALIFORNIA have severally caused these presents to be signed by aMpANV OF J, p,PO/igT p9 oG � 2 OCT.5 � TO w 1987 poi O'Yt yFOPN\P a� On January 1st 2008 before me, Christopher) Roach Notary Public Dale Hare Insert Name and Tifie of the Of6ca personally appeared Stephen T. Pate and Charles L. Day Name(s) of Signer(s) who 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 helsherthey executed the same in hisrhwAheir authorized ~fir capacity(les), and that by his+hafteir signature(s) on the instrument the person(s), or the entity upon behalf of PDAC{ which Ne person(s) acted, executed the instrument. cx +. A 1746M NICRIM7tSILICCdUI40MA OR NOECOUNTY CdI11Pt. 16, 4011 Place Notary Seal Above 1 certify under PENALTY OF PERJURY under the laws of the Slate of California that the foregoing paragraph is true and correct. WITNESS my hand and CERTIFICATE Roach The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and tunhennore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of attorney, are in force as of the date of Nis Certificate. J This Certificate s executed in the City of Irv'n� f�day of Ma�LL,YIs' g(j `�q By: Albert Hillebrand, Assistant eaetary ID- 1380(Wel)(Rev,07N7) As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surely to enforce the obligations of this Bond. Surety. for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the dale of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 19th day of MARCH , 2009. Tal Cal Engineering, Inc. (Principal) X Authorized Signature /Title ADZ I . � e"Slepeo'+i DEVELOPERS SURETY AND INDEMNITY COMPANY Name of Surety Authorized Agent Signature 2122 E. HIGHLAND AVE STE 350 PHOENIX AZ 85016 SHAWN BLUME, ATTORNEY -IN -FACT Address of Surety Print Name and Title (602) 522 -2663 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On before me, R. NAPPI "NOTARY PUBLIC" (Here insert mime and title ofthe o(fim) personally appeared SHAWN BLUME who proved to me on the basis of satisfactory evidence to be the personA whose nameWisAwe- subscribed to the within instrument and acknowledged to me that helshe/dtey, executed the same in hisA*Fmtdr authorized capacity{ies), and that by his/ wn4heirsignaturcis) on the instrument the person{,sjr or the entity upon behalf of which the person(61 acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. R. NAPPI WITNESS my hand and official seal. ¢ COMM. #1796916 p NOTARY PUBLIC- CALIFORNIA �+ RIVERSIuL • r ¢ My Comm. Expire s JJune 7,, 2012 Signature ofN c (Notary Baal} ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of munched document) (rifle ordcnc iption of attached document continued) Number of Pages _ Document Date (Additional infra moon) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Anomey -in -Fact ❑ Trustee(s) ❑ Other 2008vemion CAPAvl2.10 .07800. 873.9865 wwtv.NotaryClasses.con INSTRUCTIONS FOR COMPLETING THIS FORM Any acbrmrledgmenr completed to Cakfarma must commie verbiage esaedy as appears above in the molarp secdon ar a separate acbmwiedgmmt form near be properly camplered and amehad to der document. The only exception Is if a danmmenr is m be recorded made of Califomia. In such nmtmmea any ahemadre aa6mwkegmrnt rerbhge as may be primed on nab o document so long as the verbose does mr require As nosmy to do soaarking rkm is Illegal for a natary in Cal(formar fie certrfyag the aakorl ad capacity or the signer). Pkare check the domaem caref dlyfar proper nomHOrtrording andamch dr&form lfregmdred. • Stale and Comity information must be the Stare and County where the document signals) personally appeared before the namry, public far mcknawkdgmml • Dare of polarization mum be the dam that the sigoat(s) personally appeared which must also be the some date the acknowledgment is completed • The nappy public must paint his or her lame as it appears within his or her commission followed by a comma mid than your title (meaty, public). • Print the name(s) of document signers) who personally appear at the lime of notarization. • Wicale the =met singular a plual fats by pressing off incorrect famhs (Le. halshelahry,— is /ems j a circling the cared forms. Fedure to correctly indicate this infotnatu n may lead to rejection ofdocument mcort ing. • The away seal impression mast be clear and photographically reproducible Impression trout not coven text or lines. If seal impression smudges, rascal if sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on Ae with the office of Ile county, Clerk. • Additional information is not required but could help to acme ibis acknowledgment is put misused a munched to a different docmant. • Indicate title or type of attached document, amber of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CFA, CFO, Secretary) • Securely each this document to the signed dacumcnt CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 County of ''40.s y J} � �On 1 L o ybefore me, /40 n e-0 &X 0404 h/GA 'd 74 Dale Here Insert Name aM Me of M Mcer personally appeared 14 n / L co s 1,61,1 1 t' k two " Los pD 2GM Place Notary Seal Above Ceyx/Es✓ who 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/herRheir 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document /% Title or Type of Document: / - A / T� yy L rot- F`ak r-h 4 IL� /VdV Document Date: %%' A/Z "" / 'ip / 2 � � Number of Pages: Signer(s) Other Than Named Above: Capacity(iss) Claimed by /Signer(s) Signer's Name: / f / C Fy y Llf LftN ,PK1ndividual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact • Trustee Top of thumb here • Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Nar ❑ Individual • Corporate Officer — Title(s): • Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD YYY I rn. 03131!2009 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Great Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 6650 Reseda Blvd Suite 108 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. LIMITS Reseda CA 91335 818 - 3443098 INSURERS AFFORDING COVERAGE NAIC # INSURED TALCAL ENGINEERING INC. INSURER A, Navigators Insurance Company $1,000,000 INSURER B. SUA Insurance Company $ 50,000 22641 VALERIO STREET INSURER c. Amrican Insurance Group (AIG) X COMMERCIAL GENERAL LIABILITY 04-10069275 INSURER I 1210812009 WEST HILLS CA 91307 NSURERE CLAIMS MADE Fx� OCCUR COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 10 THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR D' PO BOX 1768 POIJCV NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES E,r $ 50,000 A X COMMERCIAL GENERAL LIABILITY 04-10069275 1210812008 1210812009 CLAIMS MADE Fx� OCCUR MED EXP MY one 1.1 5,000 PERSONAL &ADV INJURY $1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS- COMPIOPAGG $2,000,000 POUCV X PRO TOG AUTOMOBILE UABIUTY ANY AUTO COMBINED SINGLE LIMIT IEa accdenq $ BODILY INJURY IPer person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (per aC ldenl) $ HIREDAUTO$ NONOWNEDAUTOS PROPERTY DAMAGE I Per aWdenl) $ GAR AGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY' AGO EXCESSAIMBRELLA LIABILITY EACH OCCURRENCE $1,000,000 C X OCCUR 1:1 CIAIMS MADE EBU25894594 0212312009 0212312010 AGGREGATE $ 1,000,000 X DEDUCTIBLE $ $ RETENTION $ 1,000 WORKERS COMPENSATION AND X WC STATU- OIK B EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? WSATMECO0635801 1211512008 12115/2009 E L EACH ACCIDENT $ 1,000,000 El DISEASE - EA EMPLOYE 1,000,000 If s. tlescnbe under TAI PR VII El DISEASE - POLICY LIMIT 1 $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS ADDITIONAL INSURED: CITY OF NEWPORT BEACH, 3300 NEWPORT BEACH, NEWPORT BEACH, CA92568 THE CITY ITS OFFICERS OFFICIALS, EMPLOYEES AND VOLUNTEERS. The Insurance program of the City of Newport Beach shall be excess of this insurance and shall not contribute with it. It has been confirmed by the carrier that loss or liability of the named insured is not limited solely by their negligence. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2001108) © ACORD CORPORATION 1988 SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF NEWPORT BEACH DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 3300 NEWPORT BOULEVARD NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL PO BOX 1768 IMPOSE NO OBLIGATION OR LABILITY OF ANY MD UPON THE WSURER, ITS AGENTS OR NEWPORT BEACH, CA 92658 -8915 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE <AR> ACORD 25 (2001108) © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy. certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 25 POLICY NUMBER 04- 10069275 COMMERCIAL GENERAL LIABILITY CG 20 12 07 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR POLITICAL SUBDIVISIONS - PERMITS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART State Or Political Subdivision: CITY OF NEWPORT BEACH, THE CITY ITS OFFICERS, EMPLOYEES AND VOLUNTEERS 3300 NEWPORT BEACH NEWPORT BEACH, CA 92568 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who Is An Insured is amended to 2. This insurance does not apply to include as an insured any state or political subdivi- a. "Bodily injury ," .. property damage' or "per - sion shown in the Schedule, subject to the following sonal and advertising injury' arising out of provisions operations performed for the slate or munrci- 1. This insurance applies only with respect to op- pality. or erations performed by you or on your behalf for b. "Bodily injury' or "property damage" included which the state or political subdivision has issued within the "products- completed operations a permit. hazard ". CG 20 12 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT (EXCLUDING RESIDENTIAL) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) CG 20 10 11 85 Policy Number 04- 10069275 Endorsement Effective, 4/2/2009 Named Insured Countersigned By: TAIL CAL ENGINEERING INC DBA: 6Ze:P44r-vz SCHEDULE Name of Person or Organization: CITY OF NEWPORT BEACH, THE CITY ITS OFFICERS, EMPLOYEES AND VOLUNTEERS 3300 NEWPORT BEACH NEWPORT BEACH, CA, 92568 IRVINE TERRACE. NEWPORT BEACH. CA. 92568 (CONTRACT NO WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work' for that insured by or for you. The following additional provisions apply to any entity that is an insured by the terms of this endorsement: 1. Primary Wording If required by written contract or agreement: primary insurance, and any insurance or insured(s) shall be excess of the tnsurar contribute to it. Such insurance as is afforded by this policy shall be self - insurance maintained by the above additional ce afforded to the named insured and shall not 2. Waiver of Subrogation If required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of "your work' done under a contract with that person or organization. 3 Neither the coverages provided by this insurance policy nor the provisions of this endorsement shall apply to any claim arising out of the sole negligence of any additional insured or any of their agents /employees. 4. This endorsement does not apply to any work involving or related to properties intended for permanent residential or habitationai occupancy (other than apartments). 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 -ES 160 (5/2006) FROM (THU)APR 2 2008 7:13/ST. 7:10/No.7500000867 P 11 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4 -84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be $250 or 3% of the California Workers' Compensation premium otherwise due on such remuneration. Person or Organization City of Newport Beach 3300 Newport Blvd, PO Box 1768 Newport Beach, CA 92658 -8915 Reason for Request: Contractor Requirement SCHEDULE Job Description Irvine Terrace Landscape Improvements' Contract #3865 Class Code: 0042 Payroll for Job: $20,000 Date of Job: 04 -02 -09 Length of Job: 3 weeks This endorsement changes the policy to which It Is attached and is effective on the date Issued unless otherwise slated. (The information below Is required only when this endorsement Is issued subsequent to preparation of the policy.) Policy Number: WSATMEC 006358 01 insured: Tal Cal Engineering, Inc. Endorsement Effective: 12115/2008 Coverage Provided by: SUA Insurance Company Issue Date: 04/01/2009 Countersigned by: WC 04 0106 (Ed. 4-04) 01988 by the Workem' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's Califomia Workars' Compensation Ineurance Forms Manual x2001. Fax #: CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 3/31/2009 Dept. /Contact Received From: Shari Rooks Dale Completed: 4/1/2009 Sent lo: _ _.Shari Rooks By: Jennifer King Company /Person required to have certificate: Talcal Engineering, Inc. II GENERAL LIABILITY A. INSURANCE COMPANY: Navigarois Insuran_cc_ C_ ompany B. AM BEST RATING (A: VII or greater): A; X 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? $IMM /$2MM 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. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Not Provided B. AM BEST RATING (A: VII or greater) C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ❑ Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM): What is limits provided? E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ❑ Yes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? NIA ❑ 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. 1I1. WORKERS' COMPENSATION A. INSURANCE COMPANY: SUA Insurance Company B. AM BEST RATING (A: VII or greater): B +; VI1 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? 4/7/2009 — re- review of the Certificate and endorsements. ❑ Yes ® No GL — Please confirm that the Navigators Insurance Company being used is their Admitted Paper. Navigators has both Admitted and Non - Admitted carriers. GL — 1 am not sure why they provided the Additional Insured Permit Endorsement. This is not what we are looking for. GL — The Additional Insured Endorsement ANF -ESO43 provides "ongoing" operations only. Our checklist requires completed operations. In order to obtain completed operations we must have the CG2010 11185 or it's equivalent. The endorement ANF -ES 162 (07/05) further clarifies it is not this insurance carrier's intent to provide completed operations status. The City may need to make a business decision if you want to accept this additional insured status, in the event the carrier cannot provide what we originally requested. GL — Not sure why they provided the Independent Contractors Endorsement. This is an endorsement slating Talcal is required to make sure all of the subcontractors they hire maintain a minimum of $iMM in General Liability Coverage. Auto — No Coverage was Provided WC — Carrier is B+ Rated, we require an A Rated carrier That is great they have ordered the Waiver of Subrogation, but ask them to provide you with a sample of what we will GL - They did not provide revised additional insured endorsement for completed /operations— per my notes referenced above. This is still not acceptable. WC — The B rated carrier is going to have to be signed off by Lauren Farley. 4/17/2009 — revised CL Endorsement #ANF -ES 160 5/2006 complies with the Completed Operations requirement. Check a License or Home Improvement Salesperson (HIS) Registration - Contr... Page 1 of 2 Department of Consumer Affairs m.. Contractors State LicerrsAoard Contractor's License Detail - License # 925242 Lgl DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying 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 to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and /or legal action information. i% 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 onto the Board's license database. License Number: 925242 Extract Date: 03/16/2009 TAIL CAL ENGINEERING INC Business Information: 22641 VALERIO STREET WEST HILLS, CA 91307 Business Phone Number: (818) 715 -7189 Entity: Corporation Issue Date: 11/24/2008 Expire Date: 11/30/2010 License Status: This license is current and active. All information below should be reviewed. CLASS DESCRIPTION Classifications: A GENERAL ENGINEERING CONTRACTOR CONTRACTOR'S BOND Bonding: This license fled Contractor's Bond number 100053865 in the amount of $12,500 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date: 09/04/2008 BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) AZUKA EMMANUEL EGUN certified that he /she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 11/24/2008 This license is exempt from having workers compensation insurance; they certified that they have no employees at this time. Workers' Compensation: Effective Date: 05/01/2008 Expire Date: None Personnel listed on this license (current or disassociated) are listed on other licenses. https:// www2. cslb. ca. gov/ OnIineServices /CheckLicense /LicenseDetail.asp 03/16/2009 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL IRVINE TERRACE LANDSCAPE IMPROVEMENTS CONTRACT NO. 3865 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. 3865 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 @M/ I NO G S Aa.A Dollars and Cents $ 10i dEO Per Lump Sum 2. Lump Sum Traffic Control @TU'a - 1W0kfAd& Dollars and Cents $ vv O Per Lump Sum 3. Lump Sum Removals, Disposals and Site Preparation i "7'Y WUCO,44Dollars and Cents $ 2 v 9910 Per Lump Sum PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Install Irri at�'on Syystem stA1 .c TROGrraJn -vQ NNO 41i FG�if�Di(�pTy TtvDollars and Cents $ /) 2 Per Lump Sum 5. Lump Sum Install Landscaping ps,ard @ rwe.LNY "Dollars and Cents $ Un Per Lump Sum 6. Lump Sum Pavement Striping and Markings @Tw0 1'! 004-"A Dollars and 20 a 0 Cents $ Per Lump Sum 7. Lump Sum 180 -Day Plant Establishment and Maintenance @ Sl vZ,✓ 7-)/014 1ewApollars and i Od Q Cents $ Per Lump Sum 8. Lump Sum As -Built Drawings @ Two Thousand Dollars and Zero Cents $ 2.000.00 Per Lump Sum TOTAL PRICE IN WRITTEN WORDS f- f j 4 i" J) k/A (�Y� ��K� Ci 9 // i 1`0 Dollars and Cents Date�— Bidder's Telephone and Fax Numbers gzs2¢a - 4 Bidder's License No(s). and Classification(s) r :� i - Total Price (Figures) Bidder pp ` I Bidder's /kb4florized Signature and Title 02�¢1 144LeA1O Sr 4,w3r 10x5f,, 4o 91307 Bidder's Address PUBLIC WORKS DEPARTMENT i1 1 1 1 1 1 2 2 2 2 2 2 2 �3 R 3 3 3 3 INDEX FOR SPECIAL PROVISIONS IRVINE TERRACE LANDSCAPE IMPROVEMENTS CONTRACT NO. 3865 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5-1 LOCATION 5 -2 PROTECTION SECTION 6 PROSECTUTION, 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 i1 1 1 1 1 1 2 2 2 2 2 2 2 �3 R 3 3 3 3 6 -9 LIQUIDATED DAMAGES 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 4 7 -7 COOPERATION AND COLLATERAL WORK 4 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.5.1 Steel Plates 5 7 -8.6 Water Pollution Control 5 7 -8.6.1 Best Management Practices and Monitoring Program 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.1 Traffic and Access 6 7 -10.2 Storage of Equipment and Materials in Public Streets 6 7 -10.3 Street Closures, Detours, Barricades 6 7 -10.4 Public Safety 7 7- 10.4.1 Safety Orders 7 7 -10.7 Notice to Residents and Temp Parking Permits 7 7 -15 CONTRACTOR LICENSES 8 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 8 SECTION 9 MEASUREMENT AND PAYMENT 8 9 -3 PAYMENT 8 9 -3.1 General 8 9 -3.2 Partial and Final Payment 9 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 10 300 -1 CLEARING AND GRUBBING 10 300 -1.3 Removal and Disposal of Materials 10 300 -1.3.1 General 10 300 -1.3.2 Requirements 10 300 -1.5 Solid Waste Diversion 10 8 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 10 308 -1 GENERAL 10 SECTION 310 PAINTING 11 310 -5 PAINTING VARIOUS SURFACES 11 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 11 310 -5.6.7 Layout, Alignment and Spotting 11 310 -5.6.8 Application of Paint 11 Last saved by srooks02 /1312009 3:37 PM f:luserslpbw\sbareMcontractslfy 08- 0911rvine terrace landscape c- 38651specs index c- 3865.doc CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS IRVINE TERRACE LANDSCAPE IMPROVEMENTS CONTRACT NO. 3865 INTRODUCTION SP 1 OF 11 All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R- 5941 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2 —SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of removing and disposing of existing parkway asphalt concrete paving, install parkway irrigation and landscaping, perform plant establishment and maintenance, and install bikeway striping." 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 SP2OF11 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - -- CONTROL OF MATERIALS 4A MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction materials. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -1 LOCATION. Add the following after the 3rd paragraph: "The Contractor shall remove all USA utility markings within three (3) working days of completion of work the markings were intended for." 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover not scheduled for work is damaged 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." SP3OF11 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 the pre- construction meeting. The schedule may be bar chart or CPM style. The Engineer will review the Schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated his ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all construction work under Contract within forty-five (45) consecutive working days, excluding the 180 -Day Plant Establishment and Maintenance Period, after the date on the Notice to Proceed. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1st (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24tH (Christmas Eve), December 25th (Christmas), and December 31st (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December 31st falls on a Sunday, the following Mondq is a holiday. If January 1st July 4th, November 11th December 24th December 25t or December 31st falls on a Saturday, the Friday before is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 8:00 AM to 4:30 PM, Monday through Friday. No traffic lane closure is allowed after 3:00 PM. SP4OF11 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 PM to 6:30 PM on weekdays or 8:00 AM to 6 PM 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. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 AM to 2:00 PM or a six -hour shut down between the hours of 11:00 PM to 5:00 AM will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department. The City must approve any nighttime work in advance. Where applicable, the Contractor shall provide and install new water meter and valve boxes. Existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery SP 5 OF 11 of salvaged materials by contacting Mr. Ed Burt, Utilities Operation Manager, at (949) 718- 3402." 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." Water used during construction and plant establishment/maintenance period shall be paid for by the Contractor." 7 -8.5.1 Steel Plates. Add this section: "Steel plates utilized for utility trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." 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 http:lwww.city.newport - beach.ca.us /pubworks /links. htm." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw- cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP must be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the SP 6 OF 11 Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access within the work limits must be maintained at all times. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored within sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit a traffic control plan to the Engineer at least five working days prior to the pre- construction meeting. The Contractor shall be responsible for processing and obtaining approval of the traffic control plan from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. The traffic control plan shall be prepared, sealed , and signed by a California licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. The traffic control plan shall comply with the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. SP 7 OF 11 4. No traffic lanes can be closed on Coast Highway after 3PM. 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY' sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a City- provided construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other SP8OF11 alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a California Contractor's "A" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDSIAS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with. approval from .the Engineer of Record or City Inspector shall 'be documented on the "As- Built" drawings. It shall be the contractor's responsibility to arrange.:. for the appropriate. changes. to be made to the final drawing ser; and present both a corrected hard copy. The "As- Built" shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9-- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9-3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this Item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, and all other related work as required by the Contract Documents. SP 9 OF 11 Item No. 2 Traffic Control: Work under this Item shall include delivering all required notifications and temporary parking permits; post signs; all costs incurred notifying residents; preparing traffic control plans prepared and signed by a California licensed traffic engineer; providing the traffic control required by the project including, but not limited to, signs, cones, barricades, flashing arrow sign, changeable message boards and K -rails along Coast Highway; flagpersons; and furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 3 Removals, Disposals and Site Preparation: Work under this Item shall include all equipment, tools, labor, materials, and costs required to remove and dispose of all existing improvements and materials designated on the plans for removal and other work items such as AC sawcuts, backfills, relocate minor interfering items, ground leveling, grading, compaction, soil import as necessary for the landscaping work, etc required for the work area to receive the new improvements. Item No. 4 Install Irrigation System: Work under this item shall include the cost of all equipment, tools, materials, and labor to complete the irrigation work shown on the Plans. Payment for items not specifically identified on the Plans but are required for a fully functional system shall have been included in the price bid. Item No. 5 Install Landscaping: Work under this item shall include the cost of all equipment, tools, materials, and labor to complete the landscaping work shown on the Plans. Payment for items not specifically identified on the Plans but are required for full and complete landscaping shall have been included in the price bid. Item No. 6 Pavement Striping and Markings: Work under this item shall include the cost of all equipment, tools, materials, and labor to install pavement striping and markings as shown on the Plans. Item No. 7 180 -Day Plant Establishment and Maintenance: Work under this item shall include the cost of all equipment, tools, materials, and labor to establish and maintain the installed landscaping as directed by the City. No additional compensation shall be made if the establishment and maintenance period needs to be extended for remedial reasons. Item No. 8 As -Built Drawings: Work under this item shall include the cost of all equipment, tools, materials, and labor to prepare and submit a set of as -built mylars and an AutoCAD file on CD to the Engineer. The City will provide the AutoCAD file to the Contractor at no cost. Final payment will not be released to the Contractor until this work item has been satisfied. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." SP 10 OF 11 PART 3 CONSTRUCTION METHODS SECTION 300 --- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: "Disposal of materials shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http://www.city.newport-beach.ca.us/GF3V/Frachised Haulers.htrn.° 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday." 300 -1.3.2 Requirements 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section: 'The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. SP 11 OF 11 The Contractor shall arrange to meet for this work with the City's Urban Forester, Mr. John Conway at (949) 644 -3083 a minimum of five workdays prior to beginning the work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he/she shall cease work at that location and immediately contact the City's Urban Forrester for inspection. Upon inspection, the Urban Forrester may require the Contractor to formally submit a plan for removing the large roots to the City for review. SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: "The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting. Striping shall not vary more than 1/2 inch in 40 feet from the alignment shown on the plans." 310 -5.6.8 Application of Paint. Add to this section: "Paint for pavement striping and markings shall be white Formula No. 2600A9 Duraline 2000. Striping shall be applied in two coats. The first coat shall be applied at 15 mils wet after the paving has been in place for at least 15 days. The second coat shall be applied after the first coat has been dried for 7 days. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re- install "NO PARKING, TOW- AWAY" signs and re- notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes /covers/damages existing striping and/or raised pavement markers outside of the work area, he shall re- stripe /replace such work items at no cost to the City." 0 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Fong Tse, P.E. 949 -644 -3321 or ftse @city.newport- beach.ca.us AtA 42809 SUBJECT: IRVINE TERRACE LANDSCAPE IMPROVEMENTS — AWARD OF CONTRACT NO. 3865 RECOMMENDATIONS: 1. Approve the project Plans and Specifications. 2. Award Contract No. 3865 to Tal Cal Engineering, Inc. for the Total Bid Price of $88,982.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish $8,900 (10 %) to cover construction contingency. DISCUSSION: At 10:00 A.M. on March 12, 2009, the City Clerk opened and read the following Total Bid Prices for this project: Bidder Low Tal Cal Engineering, Inc. 2 YAKAR 3 America West Landscaping, Inc. 4 International Pavement Solutions, Inc. 5 South Bay Landscaping 6 SC Landscaping Construction, Inc. 7 Belaire -West Landscaping, Inc. 8 Marina Landscape, Inc. 9 JDC, Inc. 10 Nature Tech Landscaping, Inc. 11 Sunrise Landscape Co., Inc. 12 Plaza Landscape, Inc. Corrected amount is $101,575.00 Total Bid Price $88,982.00 $99,575.00` $149,008.67 $150,000.00 $165,275.00 $181,285.00 $198,000.00 $207,700.00 $209,000.00 $247,970.00 $318,100.00 $339,702.00 The low Total Bid Price is twenty -three percent (23 %) below the Engineer's Estimate of $115,000. The low bidder, Tal Cal Engineering, Inc., possesses a California State Classification "A" Contractor's License as required by the project specifications. Although • Irvine Terrace Landscape Im ements — Award Contract No. 3865 April 14, 2009 Page 2 Tal Cal has not completed work as a primary contractor, staff verified that it has satisfactorily completed similar projects as a subcontractor for other public agencies and the private sector. This project will remove select portions of the existing asphalt concrete pedestrian /bicycle path along southerly East Coast Highway between Jamboree Road and Avocado Avenue to provide a more uniform travel path width; replace existing and install additional new parkway landscaping and irrigation; and install new bike path striping (Tal Cal is not allowed to close any traffic lanes after 3:00 PM). Construction is expected to start by mid -May. Tal Cal is required to complete all construction work within forty-five (45) consecutive working days, followed by a 180 -day plant establishment and maintenance period. Environmental Review: The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This exemption covers the repair, maintenance and minor alteration of existing public facilities with negligible expansion. Public Notice: The Notice Inviting Bids was advertised construction industry publications. Prior to distributed by the contractor to the nearby will be distributed ten days before work and work. Other Costs: in the City's official publication and in starting work two City prepared notices are residents and businesses. The first notice the second notice 48 hours prior to starting In addition to the contract costs, $4,500 is included for construction engineering services by the Landscape Architect, Peridian International, Inc., and $1,000 for printing and other incidentals. • Irvine Terrace Landscape lowents - Award Contract No. 3865 April 14, 2009 Page 3 Funding Availability: There are sufficient funds available in the following accounts for the project: Account Description General Fund Contributions Proposed uses are as follows: Vendor Tal Cal Engineering Tal Cal Engineering Peridian International Various Prepared by: Fort se, P.E. Pri pal Civil Engineer Attachment: Location Map Account Number Amount 7013- C3170904 $ 87,500.00 7251- C3170904 $ 20,000.00 Total: $ 107,500.00 Purpose Amount Construction Contract $ 88,982.00 Construction Contingency $ 13,018.00 Construction Engineering $ 4,500.00 Printing and Incidentals $ 1,000.00 Total: $ 107,500.00 Submitted Works Director FASHION ISLAND y �sr O � 0 U EE'',, CE 1�1I� �llll IRVINE TERRACE LANDSCAPE IMPROVEMENTS LOCATION MAP NOT TO SCALE