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Home My WebLink AboutC-3944 - Balboa Village Alley Replacement Project0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Lellani 1. Brown. MMC June 23, 2010 Mr. Ronnie Cochran Golden State Constructors, Inc. 6162 Galipean Drive Huntington Beach, CA 92647 Subject: Balboa Village Alley Replacement (C -3944) Dear Mr. Cochran: On June 23, 2009, the City Council of Newport Beach accepted the work for subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on August 7, 2009. The Surety for the contract is North American Specialty Insurance Company and the bond number is 2090767. Enclosed is the Faithful Performance Bond. Sincerely,, �2 Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.cRy.new:)ort- beach.ca.us • • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC August 7, 2009 Mr. Ronnie Cochran Golden State Constructors, Inc 6162 Galipean Drive Huntington Beach, CA 92647 Subject: Balboa Village Alley Replacement (C -3944) Dear Mr. Cochran: On June 23, 2009, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on July 03, 2009, Reference No. 2009000353323. The Surety for the contract is North American Specialty Insurance Company and the bond number is 2090767. Enclosed is the Labor & Materials Payment Bond. .,...«.may, b0txy Gry Leilani I. Brown, MMCK City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us • • (1 of 4 Originals) CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE ALLEY REPLACEMENT CONTRACT NO. 3944 BOND NO. 2090767 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Golden State Constructors,*hereinafter designated as the "Principal," a contract for construction of BALBOA VILLAGE ALLEY REPLACEMENT, Contract No. 3944 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.* Inc. WHEREAS, Principal has executed or is about to execute Contract No. 3944 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, North American Specialty Insurance Company duly authorized to transact business under the laws of the Slate of California, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of One Hundred Twenty-Eight Thousand, Six Hundred Six and 001100 Dollars ($128,606.00) 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 terns 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 w 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 attorneys fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 28 0 0 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 Califomia. 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 Principal and Surety, on the 9th day of January hik 1g,.a, UXW4 0 Golden State Constructors, Inc. (Principal) North American Specialty Insurance Company Name of Surety 701 S. Parker Street, 03800 Orange, CA 92868 Address of Surety (714) 550 -7799 Telephone executed by the above named Signature/Title Randy Spohn, Attorney -In -Fact Print Name and Title M NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 E ACKNOWLEDGMENT 9 ................................................ ..............................r State of California County of On Public, personally appeared ss. before me, Notary proved to me on the basis of satisfactory evidence to be the person(s) w ose name(s) is /are subscribed to the within instrument and acknowledged to me that he/ /they executed the same in his /her /their authorized capacity(ies), and that by his /her /th r signatures(s) on the instrument the person(s), or the entity upon behalf of which the pers n(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of tt State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ................................ ..... .r............................. 0........... Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Type of Satisfactory Evid _ Personally Known Paper Idenlificatic Credible Witness( Capacity of Signer: _ Trustee Power of All CEO /CFOj Other: Other Information: INFORMATION Identification 1 Secretary I Treasurer 30 Thumbprint of Signer Check here if no Uwmbprint or fingerprint is available. r� u ACKNOWLEDGMENT 0 ................................................ ..............................r State of California County of On Public, personally appeared ss. before me, proved to me on the basis of satisfactory evidence to be the perso subscribed to the within instrument and acknowledged to me that same in his /her /their authorized capacity(ies), and that by his Fr instrument the person(s), or the entity upon behalf of which the instrument. I certify under PENALTY OF PERJURY under the laws foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Notary who those names) is /are to /they executed the signatures(s) on the acted, executed the the State of California that the (seal) ...................••............../........... ................................ INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Type of Satisfactory Eviden Personally Known h Paper Identification Paper Identificatio Credible Witnes sill Thumbprint of Signer 31 Check here if Capacity of Signe/Ome no thumbprint Trustee or fingerprint Power of A y i s available. _ CEOICFO /COO President I Vice - President I Secretary / Treasurer Other: Other Information: 31 NAS SURETY CROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY 0 GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a oorpontion duly organized and mdsting uMer laws of the State of New Hampshire, and having its principal office in the City of Maochwer, New Hampshire, and Washington In1[matiooal Insurance Caopury, a corporation organized and existing under the laws of the State of New Hampshire and having its principal ohRa in the Gry of Itasca, Mines, cub does hereby nuke, conuinaa and appoint RANDY SPOHN and MATTHEW R DOSYNS IOINTLY OR SEVERALLY Its true and lawful Attomey(s }in -Fan, to make, execute, seal and deliver, for and on its behalf and a its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as we or maybe roqukw w pemfin ti by low, regulation, worm or otherwise, provided that no bond or undertaking or amtzact or suretyship executed under this authority shall excood the ntorrnt TWENTY -FIVE MILLION ($25,000,000.00) DOLLARS This Power of Attomey is granted and is signed by facsimile under and by the sudwriry of the following Resolutions adopled by Ike Beards of Directors of both North Aruericac Specialty Insuranm Company and Washington International Insurance Company at meetings duly called and held M the 74s of Mamb, 20M - RESOLVED, that ary two of the Pmsk n % any Managing Director, any Senior Vice President, any Vice, Preside u, say Asaistant Vice PraidmL the Secresry or any AnuUM Secretary be, and each or any of them hereby is authorized to «ecuic a Power of Attorney qualifying the Womney named in the given Power of Attorney to exeaae on behalf of the Company bonds, undertakings and all contracts of waxy, and that each or any of them hereby is authorized to attest to the execution of any such Power of Anorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, tat the signature of such officers and the sal of the Company may be affixed to any aeb Power of Auunmy or to any certificate missing thereto by facsimile, and arty such Power of Anorney or certificate bearing such facsimile signatures; or Aesimilc seal si all be binding upon the Company wbm w affixed and in the future with regard to say bond, undertaking or connect of surety to which it is ousels;& " ocr _ aw..A.d xa w,. sv.�m�°iiwMob ..r.suOm a+n.rr.dn�>.,cnsaasr SFi1L By 4Na M.nq,w,fur�Vk. ,ride MwaMa,w rar„a„r,N rm�sfYYaf • Nam )M1Vna,M MIVMa Arlsa ap„Yp Irwr Cwy�r M WTTWESS WHEREOF, North American Specialty Insurance Company and Washington International lnavance Company Move caused �r official seals to be hereunto afllxed, and these presents to be signed by their authorized ofIim a this 30dr day of Soptembor 20 Nor& Anserfan Specialty Insaraoct Consp my Wahlingtoa Internatieaal lanunntx Coaapawy State of Illinois County of Du Page a' On this 30th dry of September . 20�08 before ore, a Notary Public personally appeared Steven P. Andersen , PmWoat nd CEO of Washington Intomstional Insaama Company and senior Via President of North American, Specialty insurance Company and David M. Lyme , senior vice rhosidrnl or waabiogton International Insurance Company and Via President of North American Specialty Insurance Company, personally known to me, who being by we duly sworn, acknowledged this they signed the above Power of Attorney as offiats of and acknowledged said instru mat to be the voluntary so sad deed of their restmaive monnanies. n tin24a ..:=1�ads Dana D. Sklasa, Nobly Public cerne�v.esoasml 1, ]antes A. C mss= , the duly ekckd A>matnN Scorrinry of North American Specialty Ip, - - Company std Washington Inemali"I Ituumwe Company, do hereby certify that the above and foregoing is a true and corrwt copy ofa Power of Attorney given by aid North American Specialty Imiumnce Company and Washington International Insu seam, Company, which to still in full form soul effect IN WITNESS WHEREOF. I have set m0' hand and affixed the seals of me Companies this day of jar "y „ 2009 . CALIFORNIA ALL- PURPOSOCKNOWLEDGMENT • State of CALIFORNIA County of ORANGE On 01 I [J ! I O(.lj' l - before mew Erika Guido, NOTARY PUBLIC. personally appeared RANDY SPOHN ® 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) =ERWA"QWUM61WD'00Rn acted, executed the instrument. OOW • ISM36 I certify under PENALTY OF PERJURY under the laws of the State of oourm California that the foregoing paragraph is true and correct. ooma� WITNESS my hand and offidal seal. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDMDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT IFtORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Q On -1-16-0? before me, calawa �laillx 0>fALp �uWic (Here tt w acme and title of the ofricerl t� I1I I MaXAC7 lTiF i I who proved to me on the basis of satisfactory evidence to be the person(o) whose name(q) isAve subscribed to the within instrument and acknowledged to me that he/sheAky executed the same in his/hemVieir authorized capacity(ies), and that by his4wrAhe4r signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. MM-� m WITNES y hand an Dt to sea 10„ sigmLte Of Naary (Notivy Sel) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Tide or druiji0on of attached doatmedl (Title or desnpice of atlached document continued) Number of Pages _ Document Date (Additional infamatiao) CAPACITY CLAIMED BY THE SIGNER • lndivkhW (a) • Corporate Officer (Tide) • Partntx(S) • AtbbrDey -in -Fact • Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM My cawkiea In Cofifonrta atnrr eomain wrAiage eaacrly as appears abasr in de nary secnan or a separate aebnw/e4por a fate ~ be properly, compleed and arrocbed to that donstem. The ordy exceprlan Is if a done•ess it as be recorded oaende of California In such aura writ awry ahernahr acbaowfrs�arrrtr verbitee as may be printed err, such a donswm m lore at der serblage does rsot mrrdre the notary W do soaredmig that a dkgaf * a notary in Cal forniu ae cerr6 a de aK*orted ctyariry of dre signer). Plume check the docatecm oarWb'jbrproper eorasa9 wording amt aarh this fan, (%rtWved • sure and County information mot be the state and County where the document srpa(s) personalty appeared before the nary public far ackwAiladgmrnt • Dale of nour¢a4on mutt be the dole taw the soics(s) personally appeared which mua ako be the same due the ncknowledwitc. a completed • The ooary public must prim he or ha carne as it appears within his or her aomrnetion folbaed by a comet and dion your tick (notary public) • Pant the t•art(s) of dominient s4peris) who personally appear at the lane of nowu3d t. • l dicNe the caned singular or plud forms by crossing off incorrect forms 0e. Wisbohhayr in kw) or cudng the correct factor. Failure b correctly mdmk this infari a4m may lad to rejection of doamem reowdmg. • iie Mary seal imprereion taint he clew and Oou"ihically reproducible. Impenim must dal rnwer tad or lines. If reel impnaion smudge, reaw if a suffriem area pdmatr, olherwoe complete a different aelnowledgmml form • sigsatme of the nutty public mm match the signature on file with the office of the county derk. • AddiOaW w1brumoo a col requited but could help to ensure this admowledgmeol a not toemed or anacbed to e different document • Indicete title m type of amched dotwat, o®ber of pages and date. • Indicate the cap@M claimed by Out stgon. U me claimed capacity is a corporate ouiicor, imicae the tide ( i.e. CEO. CPO. Saaeuy). • Senudy attaM the document to the signed docent RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Rr, .,i J,•A In nlhi 1nl Reconia rhauge County lum n..Iy 1 ;IC'k Rcco, de, it l l ;;1111- 11111111 -1111 11 `9 111 111 rug f t. C 260000353323 09 04am 01/03109 119 11 N12 1 o 0,1 11 00 0 011 0 00 0 00 0 00 0 00 0 00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Golden State Constructors, Inc., of Huntington Beach, California, as Contractor, entered into a Contract on January 13, 2009. Said Contract set forth certain improvements, as follows: Balboa Village Alley Replacement (C -3944) Work on said Contract was completed, and was found to be acceptable on May 7, 2009, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is North America Specialty Insurance Company. �W`Works Director of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. 11�� Executed on J-0w �7, U0q at Newport Beach, California. M I� t/ w M � M m p I� t/ • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE ALLEY REPLACEMENT CONTRACT NO. 3944 CONTRACT THIS AGREEMENT, entered into this 'day of !!_1!1009, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Golden State Constructors, 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: BALBOA VILLAGE ALLEY REPLACEMENT The work necessary for the completion of this contract consists of removing existing asphalt and concrete alleys and constructing new concrete alleys, adjusting utilities to grade and performing other appurtenant and incidental items of work as required to complete the work in place. 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, Notice to Successful Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3944, 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. 22 • 0 C. COMPENSATION The "as read" bid amount of $158,900.50 shown on the proposal was corrected due to a math error and therefore, as full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Hundred Twenty- Eight Thousand, Six Hundred Six and 001100 Dollars ($128,606.00). 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 the 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: Alfred Castanon (949)644-3314 Golden State Constructors 6162 Galipean Drive Huntington Beach, CA 714 -932 -5974 714 -628 -8295 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. 23 i • 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. Si nature. 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 volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 24 0 0 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' andi6r primary souse 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 ri ghts 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. 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. 0 7. Acts of God i 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. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the active negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. 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 0 0 0 performed, and has correlated all relevant observations with the requirements of the Contract Documents. I. 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. CI A B) APPR VED AS TO FORM GOLDEN A,TEE CONSTRUCTORS _ 7e-%� C, By: ,bf AAR N C. HARP (Corporate Officer) Assistant City Attorney Title: qYugStog�.01s- Print Na )43i AJ By: (Financial Officer) Title: Print Name: �borotE; 9. CccsRA-) Please note: Corporations must complete and sign both places above even if each office is held by the same individual 27 0 0 (1 of 4 Originals) CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT THE FINAL PREMIUM IS BALBOA VILLAGE ALLEY REPLACEMENT PREDICATED ON THE FINAL CONTRACT PRICE CONTRACT NO. 3944 BOND No. 2090767 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 3,661.00 being at the rate of $ 31.25 & $18.75 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Golden State Constructors* hereinafter designated as the "Principal ", a contract for construction of BALBOA VILLAGE ALLEY REPLACEMENT, Contract No. 3944 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. * Inc. WHEREAS, Principal has executed or is about to execute Contract No. 3944 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and North American Specialty Insurance Company duly authorized to transact California as Surety (hereinafter "Surety "), are held Beach, in the sum of One Hundred Twenty -Eight business under the laws of the State of and firmly bound unto the City of Newport Thousand, Six Hundred Six and 00 /100 Dollars ($128,606.00) 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 Cit)hof Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. RYA 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,4ply executed by the Principal and Surety above named, on the 9th day of January / � 2009. Xt)Ole (9� WC.d1,w Golden State Constructors, Inc. (Principal) North American Specialty Insurance Company Name of Surety 701 S. Parker Street, #3800 Orange, CA 92868 Address of Surety (714) 550 -7799 Telephone Signature/Title Agent Randy Spohn, Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 33 ACKNOWLEDGMENT 0 ................. ............................... a . . a a 8.................. State of California County of ss. On before me, Public, personally appeared .. 0. , Notary proved to me on the basis of satisfactory evidence to be the person's) hose name(s) is /are subscribed to the within instrument.and acknowledged to me that h she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /t eir signatures(s) on the instrument the person(s), or the entity upon behalf of which the per on(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of )fie State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a . . . Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Type of Satisfactory Evidence: _ Personally Known wit _ Paper Identification Credible Witness( ) Capacity of Signer: Trustee Power of Alt CEO /CFO President Other: Other Information: INFORMATION Identification I Secretary / Treasurer c Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. 0 ACKNOWLEDGMENT ................................................ ............................... State of California County of On Public, personally appeared ss. before me, Notary proved to me on the basis of satisfactory evidence to be the person(s) wh9de name(s) is /are subscribed to the within instrument and acknowledged to me that he /sh they executed the same in his /her /their authorized capacity(ies), and that by his/her/their/signatures(s) on the instrument the person(s), or the entity upon behalf of which the per so s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of thg/State of California that the foregoing paragraph is true and correct. 7 WITNESS my hand and official seal. Signature (seal) ..................:............... ..A............................ •.... a..... a.. Date of Document Type or Title of Document INFORMATION Number of Pages in Document Document in a Foreign Type of Satisfactory _ Personally Kr _ Paper Identifi Credible Witr Capacity of Sic Trustee Power( CEO /¢ Other Paper Identification J /coo / Vice - President I Secretary / Treasurer 35 Thumbprint of Signer Check here if no thumbprint or fingerprint is available. 0 0 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEP! BY THESE PRESENTS, THAT North American Specially Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, end Washington Intemational Insurance Company, a corporation organized and misting trader the laws of the State of Now Hampshire and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: RANDY SPOHN and MATTHEW R DOBYNS JOINTLY OR SEVERALLY Its true and lawful Attomey(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as arc or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of. TWENTY -FIVE MILLION IS25AWAD0.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurence Company and Washington International Insurance Company at meetings duly called and held on the 24a of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of tho Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power ofAttmaoy or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile soul shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." a C low A •Sorb ViMrrr,lamt otflnOAneMavBgehlq lmvrevm CampevysCAL try to W W M laymen. atn�n Vkr trtMev N Wgpfepen Ivlmnneml lnvnnntxepvny & ha rweme MNra4 Ame,teev 8laelkry Imu,uae Cegeey IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 3�' day of Suptamber , 2008 . North American Specialty Insurance Company Washington International Itsura am Company State of Illinois County of Du Page On this 30th day of September , 2005 , before me, a Notary Public personally appeared Seven P. Anderson , President and CPA of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vim President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally (mown to me, who being by we duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their remective eomnanies. NowyPddlg9MefaEea Donna D. Skiers, Notary Public taS(rnsn iw Sgao IQg=] I, James A. Cementer the duly elected Asieant Secretay of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by acid North American Specialty Insurance Company and Washington International insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this9th day of Janun 2009 . Aura, A. C.ry W, VW Predax& AWi"M SmaaTerw:adesv+, tae QNvaere cavpur& N vnD Ju W vaA Apse W�Ylnnvaiae,Cpvgwy CALIFORNIA ALL-PURPOSAKNOWLEDGM ENT State of CALIFORNIA County of ORANGE On Or / before me, Erika Guido, NOTARY PUBLIC., 1 0q personalty appeared RANDY SPOHN ® 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 of Though the data below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED _ ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: _ SIGNER IS REPRESENTING: _ NAME OF PERSON(S) OR ENTITY(IES) CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of 012M On l -» -a7 before me, personally appeared aORi it .;D OocbiCaut who proved to me on the basis of satisfactory evidence to be the person(s) whose name(5) isilme subscribed to the within instrument and acknowledged to me that he /sheAhey executed the same in his/herAheir authorized capacity(ies), and that by his/hedtheir 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. CIAUUV%COCHRAN I COMM. #1722119 m WITNES y hand cial S pub 03c'MMEq.Jon39.2Dil Sipature of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRHMON OF THE ATTACHED DOCUMENT (Title or description of atached document) (Title or descriptor of attached document continued) Number of Pages _ Document Date (Additional CAPACITY CLAA4ED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer • Partner(s) • Attorney -in -Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknmrleagwN completed in California mau contain verbiage exactly as appears above in the notary section or a separate ackno viedgmeat form must be property completed mid attached m that dacrrmen. 77m only exception is if a docmnem m m he recorded amirde ofCafifomia In such instances, my alternative ark mvledgmem verbiage ar may be primed on such a docamenr so tong as the verbiage does not require fix "ou" m do something that is illegal for a notary in Calrforma (1, .e. certrfying the mabormed capacity of the signer). Please check the document carefUlyfor pmper+roranat wartbng and aaach rhisform of required • Stale and County inlion atioa must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • irate of notarization must be the date that the signers) personally appeared which must also be the same date the acknowledgment le completed. • The notary public must print his or her name as rt appears within his or her commission followed by a comma and then your title (notary public). • Prim the name(&) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by creasing off incorrect forms (i.e. he/sheAbey- is /are) a circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • Tits notary seal impression must be clear and photographically reproducible. Impression must not cover tort or luxes. If seat impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. P Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a differem 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 off car, indicate the title (i.e. CEO, CFO, Secretary). • Securelyarachthisdocu idtothesigneddo nt • • (1 of 4 Originals) CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE ALLEY REPLACEMENT CONTRACT NO. 3944 BOND NO. 2090767 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Golden State Constructors,*hereinafter designated as the "Principal," a contract for construction of BALBOA VILLAGE ALLEY REPLACEMENT, Contract No. 3944 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.* Inc. WHEREAS, Principal has executed or is about to execute Contract No. 3944 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 doge thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, North American Specialty Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of One Hundred Twenty -Eight Thousand, Six Hundred Six and 00 /100 Dollars ($128,606.00) 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. 28 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 my executed by the above named Principal and Surety, on the 9th day of January , 29P9. at K) I6q , bxAftmo Golden State Constructors, Inc. (Principal) North American Specialty Insurance Company Name of Surety 701 S. Parker Street, #3800 Orange, CA 92868 Address of Surety (714) 550 -7799 Telephone 0 Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND .SURETY MUST BE ATTACHED 1001 0 0 ACKNOWLEDGMENT ................................................ •.............................. State of California County of On Public, personally appeared SS. before me, Notary proved to me on the basis of satisfactory evidence to be the person(s) w ose name(s) is /are subscribed to the within instrument and acknowledged to me that he/ e /they executed the same in his /her /their authorized capacity(ies), and that by his/her/thgfr signatures(s) on the instrument the person(s), or the entity upon behalf of which the pers n(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of tt State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ...... ............................... .......... ............................... OPTIO L INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Langua Type of Satisfactory Evidei Personally Known v Paper Identification _Credible Witness( Capacity of Signer: _ Trustee _ Power of Att ney CEO /CFO COO President Vice -Pn Other: Other Information: per Identification / Secretary I Treasurer 791 Thumbprint of Signer Check here if no thumbprint or fingerprint is available. 0 0 ACKNOWLEDGMENT ................................................ ..............................I State of California County of On Public, personally appeared ss. before me, Notary 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 /she /they executed the same in his /her /their authorized capacity(ies), and that by his /he heir signatures(s) on the instrument the person(s), or the entity upon behalf of which the rson(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws gt'the State of California that the foregoing paragraph is true and correct. / WITNESS my hand and official seal. Signature (seal) ................................... r........................................... INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Type of Satisfactory Eviden Personally Known h Paper Identification Paper Identificatio Credible Will es) Capacity of Signer Trustee Power of A orney CEO /CFO /COO President / Vice - President / Secretary / Treasurer Other: Other Information: 31 Thumbprint of Signer ❑ Check here it no thumbprint or fingerprint is available. NAS SURETY CROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurmce Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, Now Hampshire, and Washington hatemafional Insurance Company, a corporation organized and existing under the laws of the State of Now Hampshire and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoiaL RANDY SPOHN and MATTHEW R DOBYNS JOINTLY OR SEVERALLY Its true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as an or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract in suretyship executed under this authority shall exceed the amount op. TWENTY -FIVE MILLION ($25,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutiore adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at neetings duly called and held on the 24' of Match, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vim President, any Assistant Vero President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to exea+ato a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seat of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal &hail be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." CBy (ff (+J�"'��. Steam P. AvbAV.t'rpYavtlCakraunvan Dakn erWV2lnek&raunaa . n , nrmvnvm tmvgaY �� lSenN, can PKllaent araal6Amet4an SaaN�e'IVm,xe Cagp�nY F�£'��/��'i By +! WHa M. [.gman,9mlp Vke rnweea HWnaNamntnte,nnuesl tmm�nn Cwpeny • vin YrcLOmt vlaen4 Av,kev 8rnknD Imnnnn Cegay IN WITNESS WHEREOF, North American Specialty insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this Llj day of Sepromber .20A . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County orDu Page as: On this 30th day of September 20.06 before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. layman , Senior Vice President of Washington International Insurance Company and Vim President ofNorth American Specialty Insurance Company, personally known to me, who being by the duly mom, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their remicative comnames. Q SIQMA ' `0,MQ " °biy et�1°a Donna D. Sklens, Notary Public ttrtkmmitam 0p"vo IQDa701E I, James A. Carpenter , the duly elected Assistant Sectetary of North American Specialty Insumnee Company and Washington International Insurance Company, do hereby certify that the abort and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effccL IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this" day of January 2009 , lamp k hepnm, vix Ptnieam lAmvimtSwrd" Ural kmvxwa ammm cm & I/otM Amulmn Spenkay rm'avap fumgnY CALIFORNIA ALL- PURPOSECKNOWLEDGMENT • State of CALIFORNIA County ylof %O�R/jANG/)E.,1�� On aI (/`l 1 Ow'! -- before me, Erika Guido, NOTARY PUBLIC. personally appeared RANDY SPOHN ® 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) �•r�y acted, executed the instrument. t� 1A I certify under PENALTY OF PERJURY under the laws of the State of cotlrrty M s California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 01MONAL Though the data below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: _ SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of ®Yiil W On -16-07 before me, (Here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ist1we subscribed to the within instrument and acknowledged to me that he/she4hey executed the same in his/herAheir authorized capacity(ies), and that by his/hefMwk 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. CLAUDIA COCHRgN COMM. *1722119 m WITNES y hand an fft Ia sea DakrroECourfbly Comm F�.,len 30, 2011 Signature of Notary (Notary Sea]) GF o ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Tick in description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) ❑ Partner(s) • Aftomey -in -Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any ackowledgmenr completed in California inner contain verbiage exactly as appears above in the notary section or a separate acknowledgment farm must be properly completed and attached to that documem. The only exception a if a docn aem a to be recorded oanide of California. In such instances, arty alternative acknowledgment verhtage as may be printed on such a document so long as the verbiage does nil require the notary to do something that is illegal for a notary in Calfornk (r. e. certifying the andmri. -ed capacity of the signer). Please check the do nr carefuflyfor proper notarial warding and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment • Date of rmtnnzarion most be the date that the signer(s) personally appeared which must also be the same date the acknowledgment a completed. • The numry, public must print his of her name as it appears within his or her commission followed by a comma and then you title (rotary public). • Prim the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular in plum) forms by crossing off incorrect forms (i.e. ladsheltbayr is A" ) or ending the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or Imes. If seal impression smudges, wseal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the wordy clerk. O Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. 4 Indicate title or type ofarached document, mumber of pages and dace. O 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 ACORa CERTIFICAO OF LIABILITY INSURANS DATE 41AMIOO YYI ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Huntington Pacific Ins, Aq_ency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 7901 Professional Circle ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Huntington Beach CA 92648 Phone:714- 841 -6283 Fax:714- 842 -2538 T INSURERS AFFORDING COVERAGE NAIC# INSUFILPE - Mercury Casualty company 11908_ Golden State Constructors, Inc INSURER I; Hunt ngton Be Drive CA ' INSURFRn ; Huntington Beach CA 92647 �--------- -- - - - - --- _- - - - -- COVERAGES THE POLICIES OI INSUPANCE I ISTFO E " LOW HA'JE BEEN ISSUED TG THE INSURED NAIAFP ABO.IF FOR THI7 POI ICY PE P,IRU NDICLTEO NCTJOTHS TFNDID• Ale'% R -OH RE I.IENT T Er. M Or •o; CNDH ION OF ANN COnTRA ^,T OP.. OTHEn CO ;UMENT .MTH FESPCC T TC. IVHICH THIS CERTIFIC ITC M4v CC IS SLED Or MA PERTAIN THC INGLIPANCI' bF F URUL'C• 85 1 H POLICE' DESC RZED HEREIN IS S'IF,JE CT T(, f1LI n'f TERMn l E: CLUSIONF AND CvNwl T IC•1N'JF "'UtJ I POLICIES AGSRCE A-E UMHS$HpN,NM4�Hr; :E BEE N REDUC EO BY PAID CLAIMS - -.. .._.. _ ___..._.. .......... ... . .._... _...____...... POLICYEFFEC n'•VE POLICY F XPIRATION LTR INSR TYPE OF INSURANC[ POLICY NUMBER DATE (MMID YYY) DATE IMMIDDM'I I LIMITS GENERAL LIABILITY EACH CCC! 1RF:E IICE '--1,000,000 A X X C.OMNIEP.Oµ L1LNER4L VSEILItt BG$DD16917 01/31/09 T)- MAGET7REHTEO - -' S 199_909 O1 /31 /1D �PREMISEBfEa oru :.:e_r; : GIAIMSIAALE CCCUR. ._ 'OEC'E1P :A -1 crk Person, S5'000 -. -� I PERSGNAL _° -D'a INJIIRY TS I, DDD, 00_0___ _ ...... _ _ GENERAL 4GOREGAIE 2,000,9.00 GEn'L LGGRE jgTf LllAII AGPL ILS PEP. PHIiD!'f,Tj.G7M( ^DP GC. 1, 0 00., 000 PP.O. X POLICY i ! !ECT I LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT g 1,000, 000 X B ANY AUTO ZIBWMWX 3621 02/06/09 02/06/10 t(Ea ae:IdxO , L_. ... .......- --- ALL OW11E0 AUTOS 60010 INJIIRY SCHEDULED AUTOS IPeI pzrsom HIRED AD O$ °ODILt iNJUPY , - PON.OVNCD . ^. Wr,tis 11 PROPERTY DAMAGE < : Iva alNOAA. I GARAGE LIABILITY ALTO QNLY - EA ACCIDENT S :.OTO ! F_4 Af.L OTHEF THAN ' • AUTOONLY AG S EXCESSIUMBP.ELLA LIABILITY EACH OCCURRENCE F —i OCCUR CLAIMS MADE i AGGREGATE — I DEDUCTIBLE 5 ,RETENTION 5 WORKERS COMPENSATION AND LORY L MITS EMPLOYERS' LIABILITY -�- - -- --- - - - --'- ANY PROPRIETOR'PAR iNEWE<FCUTIVE E.L. EACH ACCIDENT j5 _ OFFICERWEMEER EXCLUDED' E L DISEASE - EA EMPLOYE E i II yes 6¢s sbe EL DISEASE -PCUCY LINIH SIOI SPECIAL PROVISIONS C =kw OTHER DESCRIPTION OF OPERATIONS! LOCATIONS I VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: Balboa Village Alley Replacement. The City of Newport Beach, it's elected or appointed officers, agents, officials, employees and volunteers are additional insured with respects to Ithe general liability and automobile liability policies. CERTIFICATE HOI DER CANCELLATION CITYREW SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN City of Newport Beach ` NOTICE TO THE CERTIFICATE MOLDER. NAMED TG THE LEFT. PDT FAILURE TO DO SO SHALL 3300 Public N wport Dept 1 IMPOSE NO OBLIGArON OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR 3300 Newport Blvd. E! Newport Beach CA 932663 REPRESENTATIVES. AU Q(21ZEP EPRE EN�) TIVE ACORD 25 (2001108) © ACORD CORPORATION 1988 0 0 IMPORTANT If the certificate holder is an ADDITIONAL INSURED the poiicy(ies) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s). DISCLAIMER The Certificate of insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon 25 (2001108) 0 POLICY NUMBER BCS0018917 0 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR C0A =TRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization(s : Location And Description Of Completed Operations Balboa Village Alley Replacement The City of Newport Beach, it's elected or appointed officers. agents. officials. employees and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products- completed operations hazard'. CG 20 37 07 04 p ISO Properties, Inc., 2004 Page 1 of 1 13 0 0 POLICY NUMBER BCS0018917 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRArTGRS - AUTOMATIC STATUS RIHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or or- ganization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an addi- tional insured on your policy Such person or or- ganization is an additional insured only with re- spect to liability for "bodily injury" "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions: or 2. The acts or omissions of those acting on your behalf: in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ands when your operations for that additional insured are com- pleted. B. With respect to the insurance afforded to these_ additional insureds. the following additional exclu- sions apply This insurance does not apply to: 1, "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying ser- vices, including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders. change orders or drawings and specifica- tions, or b. Supervisory. inspection, architectural or engineering activities 2. "Bodily injury" or "property damage" occurring after a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sured(s) at the location of the covered operations has been completed: or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project CG 20 33 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ 0 POLICY NUMBER: BCS0018917 0 COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Blanket as required by contract and /or agreement. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMER- CIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following. We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard" This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 ❑ • A� SCOTTSDALE INSURANCE COMPANY ENDORSEMENT NO, ATTACHED TO AND FORMING A PART OF ENDORSEMENT EFFECTIVE DATE NAMED INSURED AGENT NO. POLICY NUMBER (�p;01 A.M. STANDARD TIME( THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following forms Additional Insured — Owners, Lessees Or Contractors — Scheduled Person Or Organization (CG 20 10 10101) Additional Insured — Owners, Lessees Or Contractors — Automatic Status When Required In Construction Agreement With You (CG 20 33 10101) Additional Insured — Owners, Lessees Or Contractors — Completed Operations (CG2037 (10 /01) The insurance provided by these endorsements shall be primary and noncontributory. AUTHORIZED REPRESENTATIVE DATE UTS -3g (3 -92) 0 0 POLICYHOLDER COPY SG STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142 -0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 02 -03 -2009 GROUP: POLICY NUMBER: 1868324 -2008 CERTIFICATE ID: 27 CERTIFICATE EXPIRES: 02 -06 -2009 02-06 - 2008/02 -06 -2009 THIS CERTIFICATE SUPERSEDES AND CORRECTS CERTIFICATE # 25 DATED 01 -26 -2009 CITY OF NEWPORT BEACH 3300 NEWPORT BLVD NEWPORT BEACH CA 92663 -3816 SG This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period that will expire or did expire as indicated above. This certificate of insurance Is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions. and conditions, of such policy. t T0 TI 21ZED REPRESENTA PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE ENDORSEMENT #1600 - RONNIE COCHRAN PRES,SEC,TRES - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 02 -06 -2008 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2009 -02 -03 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH EMPLOYER GOLDEN STATE CONSTRUCTORS (A CORP) 5162 GALIPEAN DR HUNTINGTON BEACH CA 92647 SG IP12,SG1 IREV.2 -051 PRINTED : 02 -03 -2009 Fax #: 0 0 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 1129/09 Dept./Contact Received From: Shauna Oyler Date Completed: 1/30,109 Sent to: Sh_auna Oglcr� By: Jessica Scherer Company /Person required to have certificate: Golden State Constructors. Inc. I. GENERAL LIABILITY A. INSURANCE COMPANY: Scottsdale Insurance Company B. AM BEST RATING (A: VII or greater): A +XV 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? $1 M Each Occ/$2M Aag E. PRODUCTS AND COMPLETED OPERATIONS (Must ® Yes ❑ No include): Is it included? F. ADDITIONAL INSURED WORDING TO INCLUDE (The ® Yes ❑ No City its officers, officials, employees and volunteers): Is it included? G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be ❑ Yes ® No included): Is it included? H. CAUTION! (Confirm that loss or liability of the named ❑ Yes ® No insured is not limited solely by their negligence) Does endorsement include "solely by negligence' wording? 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: Mercury Casualty Company B. AM BEST RATING (A: VII or greater) A +XIII 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): $t.000.000 What is limits provided? E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its ❑ Yes ❑ No officers, officials, employees and volunteers): Is it included? F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 0 0 Ili. WORKERS' COMPENSATION A. INSURANCE COMPANY: Noi Given B. AM BEST RATING (A: VII or greater): C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ❑ Yes ® No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? WC: Coverage not gind waiver of subrogation is not in ❑ Yes ® No • Oyler, Shauna 0 From: Jessica Scherer [JScherer @bbsocal.com] Sent: Tuesday, February 03, 2009 11:31 AM To: Oyler, Shauna Subject: RE: Golden State Constructors Shauna, The only coverage missing is the Workers Compensation and the waiver of subrogation on the Okeo (�Ompensation. Let me know if you need anything further! Jessica Sche er Commercial ine Account Arinrinistrator Brown & Brown of California, Ine. (NYSE: BRO) P.O. Box 69 9 Orange, CA 92863 Ph: (714) 221 -1841 Fax: (714) 221 -4141 Email: ischerer(a)bbsocal.com wwmbbinsurance.cant License# OF06835 Brown & Brown is the 91r' largest Insurance Broker worldwide, consistently leading the pack! Specializing in: • General Liability • Worker's Comp • Property • Employee Health Benefits • Malpractice E &O • Home • Life • Auto NOTICE: This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message. Also, be aware that coverage may not be bound, altered or cancelled by the use of email. From: Oyler, Shauna [ mailto: SOyler @city.newport- beach.ca.us] Sent: Tuesday, February 03, 2009 11:18 AM To: Jessica Scherer Subject: Golden State Constructors Please recheck the attached revised does. I added your previous checklist to the back of the sheets. «3366_001. pdf>> California Business Search 0 • Page 1 of 1 A407II I�oITME, it P" Status: active �ccttt:nw of Statc DF- BRARtayyrEN Address DISCLAIMER: Tne information displayed here is current as of JAN 02, 2009 and is updated weekly. It is not a complete or certified record of the Corporation. Corporation GOLDEN STATE CONSTRUCTORS Number: C2818895 Date Filed: 10/20/2005 Status: active Jurisdiction: California Address 6162 GALIPEAN DR. HUNTINGTON BEACH, CA 92647 Agent for Service of Process RONNIE D COCHRAN 6162 GALIPEAN DR. 11HUNTINGTON BEACH, CA 92647 Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender ", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. http: // kepler. ss. ca. gov/ corpdata/ ShowAilList ?QueryCorpNumber= C2818895 &pri... 01/05/2009 Check a License or Home I1ovement Salesperson (HIS) Regis *ion - Contr... Page 1 of 2 Department of Consumer Affairs ze- CQntractQrs State LN ty!se �3oard J' l Contractor's License Detail - License # 867060 /?\ 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. 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: 867060 GOLDEN STATE CONSTRUCTORS Business Information: 6162 GAILPEAN DRIVE HUNTINGTON BEACH, CA 92647 Business Phone Number: (714) 932 -5974 Entity: Corporation Issue Date: 11/0512005 Reissue Date: 03/28/2007 Extract Date: 01/0512009 Expire Date: 03/31/2009 License Status: This license is current and active. All information below should be reviewed. Classifications: Bonding: CLASS DESCRIPTION A GENERAL ENGINEERING CONTRACTOR CONTRACTOR'S BOND This license filed Contractor's Bond number 6075736 in the amount of $12,500 with the bonding company SURETY COMPANY OF THE PACIFIC. Effective Date: 03/28/2007 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL The Responsible Managing Officer (RMO) RONNIE DONALD COCHRAN certified that he /she owns 10 percent or more of the voting stock/equity of the corporation. 1 A bond of qualifying individual is not required. Effective Date: 03/2812007 This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number: 1868324 http:// www2. cslb. ca. gov/ OnlineServices /CheckLicense /LicenseDetail.asp 01/05/2009 Check a License or Home Iwvement Salesperson (HIS) Regiswion - Contr... Page 2 of 2 Effective Date: 02/06/2008 Workers' Compensation: Expire Date: 02/06/2009 Workers' Compensation History Conditions of Use I Privacy Policy Copyright C 2008 State of California http: / /www2. csib. ca. gov/ OnlineServices /CheckLicense /LicenseDetail.asp 01/05/2009 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE ALLEY REPLACEMENT CONTRACT NO. 3944 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 21 0 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT All 11 20.ng Agenda Item No. 14 _ January 13, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Alfred Castanon, Associate Civil Engineer 949 - 644 -3314 or acastanon @city.newport- beach.ca.us SUBJECT: BALBOA VILLAGE ALLEY REPLACEMENT — AWARD OF CONTRACT NO. 3944 Recommendations: Approve the project plans and specifications. 2. Award Contract No. 3944 to Golden State Constructors, Inc., for the Total Bid Price of $128,606 and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $20,000 to cover the cost of unforeseen work. Discussion: At 10:00 a.m. on December 18, 2008 the City Clerk opened and read the following bids for this project: BIDDER Low Golden State Constructors, Inc. 2 LMT Enterprises, Inc., dba Tyner Paving Company 3 Nobest, Inc. 4 Kalban, Inc. 5 Unique Performance Construction, Inc. 6 Haitbrink Asphalt, Inc. 7 International Pavement Solutions, Inc. 8 Grigolla & Sons Construction Company, Inc. 9 EBS, Inc. 10 Beador Construction, Inc. 11 D &L Wheeler Enterprise Corporation, Inc. 12 Hillcrest Contracting, Inc. 13 Hardy & Harper, Inc. 14 All American Asphalt 15 A &Y Asphalt Contractors Company 16 Palp, Inc., dba Excel Paving Company 17 S. Parker Engineering, Inc. TOTAL BID AMOUNT $128,606.00 $158,950.50 $159,000.00 $161,770.00 $164,690.00 $168,903.60 $170,214.50 $173,295.00 $180,000.00 $183,300.00 $183,646.00 $193,012.00 $199,520.00 $217,217.00 $218,951.00 $230,140.00 $266,855.00 Balboa village Alley Replacement —Award of Contrad No. 3944 January 13, 2009 Page: 2 The low total bid amount is 37 percent below the Engineer's Estimate of $203,390. The disparity between the estimate and the actual bid prices reflect a more favorable construction market. The low bidder, Golden State Constructors, Inc., possesses a California State Contractors License Classification W as required by the project specifications. The work necessary for the completion of this contract consists of removing existing asphalt alleys and constructing new concrete alleys, adjusting utilities to grade and performing other appurtenant and incidental items of work as required, The alleys included in this contract is the final work effort for the Assessment District 75 (Balboa Village) Underground Utility District. In addition, concrete removal and replacement will occur on A Street between Balboa Boulevard and the Oceanfront sidewalk. Pursuant to the Contract Specifications, the Contractor will have 45 consecutive working days to complete the work. Environmental Review: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work two City prepared notices are distributed by the contractor to both residents and businesses. The first notice will be distributed ten days before work in the area and the second notice 48 hours prior to starting work in the area. Geotechnical, and Survey Services: In addition to the contract costs, approximately $7,500 in consulting geotechnical services and $10,000 for inspection services are estimated for this project, which will be performed under the respective on -call professional services agreement. Survey services are included in the Construction Contract. $1,000 is included for printing and other incidentals. Fundina Availability: There are sufficient funds available in the following account(s) for the project: Account Description Account Number Amount General Fund 7013- C5100277 $43,790.00 Assessment District No. 75 Funds 74075 -9804 $84,400.00 Water Enterprise Fund 7501- C5100277 $38,916.00 Total: $167,106.00 • Balboa Village Alley Replacement — Award of Contract No. 3944 January 13, 2009 Page: 3 Proposed uses are as follows: Vendor Tyner Paving Company Tyner Paving Company Harrington Geotechnical Wildan Engineering Various Prepared by: YIS]1 Alfred Castanon Associate Civil Engineer Attachments: Project Location Map Bid Summary Purpose Construction Contract Construction Contingency Geotechnical Testing Construction Inspection Printing and Incidentals Total: Submitted by: Amount $128,606.00 $20,000.00 $7,500.00 $10,000.00 $1,000.00 $ 167,106.00 7 r� r r r / 5� / F 11 P z n �inn0 I ..0 LOCATION / 44E), Y f �84- Vo I 2SB• T / i 1� E G gt�Fy p'FR BALBOA VILLAGE ALLEY REPLACEMENT a s x a CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT )ATE 12/23/081 SCALE N.T.S SHT 1 OF 1 )RAWN SH I C -3944 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TITLE: BALBOA VILLAGE ALLEY REPLACEMENT BID LOCATION: City Clerk's Office - City Hall CONTRACT NO.: 3944 DATE: 06- Jan-09 TIME: 10:00 AM ENGINEER'S ESTIMATE: $203,390.00 BY: S.H. CHECKED: DATE: PROJECT MANAGER: Alfred Castan6n ENGINEER'S ESTIMATE GOLDEN STATE CONSTRUCTORS, INCI TYNER PAVING CO NOBEST, INC. DESCRIPTION ITEM DESCRIPTION Q ANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT Final Redline As -Built Plans 1 Final Redline As-Built Plans 1 LS $500.00 509.00 $300.00 $300.00 1500.00 $1,500.00 $780.00 $160.00 Mobilization 2 Mobilization 1 LS $20,000.00 $29699.00 $7200.00 $7,200.00 $4600.00 $4600.00 $7200.00 $7200.00 Traffic Control 3 Traffic Control 1 LS 15000.00 $15000.00 $3300.00 $3300.00 $8420.00 6420.00 $13000.00 $13000.00 Surveying Services 4 Surveying Services 1 LS 10000.00 $10000.00 $2860.00 2850.00 $3,000.00 $3600.00 $9000.00 $9,000.00 Remove Existing 8 -Inch AC Pavement, Base & Subbase 5 Remove Existing 8 -Inch AC Pavement Base &Subbase 8,000 SF $2.00 $16000.00 $2.25 $16000.00 $2.83 $22 640.00 $2.60 $20,800.00 Remove Existing 8 -Inch PCC Pavement, Base & Subbase Construct 8 -Inch Thick PCC Alley/Street 6 Remove Existing 8 -Inch PCC Pavement Base & Subbase 5,400 SF $3.00 $16,20000 $3.00 $16 200.00 $3.25 $1766000 52.60 $14,040.00 Remove and Construct PCC Type A Curb & Gutter 7 Consruct a -Inch Thick PCC AI /Street 13,300 SF $6.00 $79800.00 $4.50 $59850.00 $4.66 $62.244.00 5.00 $66,500.00 Remove and Construct PCC Alley Approach 8 Remove and Construct PCC Type A Curb & Gutter 130 LF $46.00 $5,850.010 $32.00 84!100.00 $37.00 $4,810.00 $40.00 $5.200.00 Remove and Construct 4 -Inch Thick PCC Sidewalk B Remove and GOnabucl PCC Ailey Approach 260 SF $15.00 $3800.00 $7.50 $1960.00 $10.00 $2600.00 $14.00 $3,640.00 .11 10 Remove and Construct 4-Inch Thick PCC Sidewalk Remove &Replace whew Water Meter Frame and Cover 360 50 SF EA $8.00 $350.00 $2 160.00 $17600.00 $4.75 $88.00 S1.7110.001 $4400.00 $6.00 $211.00 $2,160.00 $10,550.00 $7.001 $100.001 $2,520.00 $5000.00 Remove& Replace wfNew Water Valve Box and Cover 12 Remove & Replace whew Water Valve Box and Cover 3 EA $350.00 $1,050.00 $100.00 $300.00 $250.00 $750.00 $100,00 $300.00 Remove and Replace whew Sewer Cleanout to Grade 13 Remove and Replace wfNew Sewer Cleanout to Grade 32 EA $300.00 $9600.00 $88.00 $2816.00 $34240 $10844.00 $100.D0 $3200.00 Adjust Manhole Frame & Cover To Grade 14 Adjust Manhole Frame& Cover To Grade 1 EA 00.00 $500.00 $700.00 $700.00 $1,250.00 $1250.00 $1050.00 $1050.00 Adjust Telephone 244nch Deep Pull Box to Grade 15 Adjust Telephone 24 -Inch Deep Pull Box to Grade 10 EA $150.00 $1,500.00 $65.00 $850.00 $130.00 $1300.00 $50.00 $500.00 Adjust Cable TV 24 -Inch Deep Pull Box to Grade 16 Adjust Cable N24 -Inch Deep Pull Box to Grade 8 EA $150.00 $1200.00 $80.00 $640.00 $130.00 $1040.00 $50.00 $400.00 Striping and Pavement Markings 17 SOi in and Pavement Markings 1 LS $500.00 $500.00 $950000 950.01) $1100.00 $1,100.00 $1,200.00 $1,200.00 Construct AC Patchback 18 Cone WGt AC Patchback 470 SF $4.00 $1880.00 $5.00 $2350.60 $7.75 $3,642.50 $11.00 $5,170.00 Remove & Replace w /New Street Light Pull Box 19 lRemove & Replace whew Street Light Pull Box 1 EA $250.00 t250.00 $80.00 $60.00 $850.00 $850.00 $100.00 $700.00 EE $203.390.00 LOW $128.606.00 1 2ND $158.950.50 1 3RD $159000.00 AS BID AMOUNT $158.900.50 ENGINEER'S ESTIMATE KALBAN, INC. NKIUE PERFORMANCE COSTRUCTION, IN HAITBRINK ASPHALT PAVING INC. ITEM DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT 1 Final Redline As -Built Plans 1 LS $500.00 $500.00 $1,500.00 $1,500.00 $1,500.00 $1,500.00 $750.00 $750.00 2 Mobilization 1 LS $20,000.00 $20,000,00 $1,400.00 31,400.00 $1,500.00 $1,500.00 $7,945.00 $7,945.00 3 Traffic Control i LS $15,000.00 $15,000.00 $2,000.00 $2,000.00 $2.500.00 $2,500.00 $2,950.00 $2,950.00 4 Surveying Services 1 LS $10,000.00 $10,000.00 $7,000.00 $7.000.00 S3,000.6D $3,000.00 $7,150.00 $7,150.00 5 Remove Existing 8 -Inch AC Pavement, Base & Subbase 8,000 SF $2.00 $10,000.00 $3.50 $26,000.00 $3,00 $24,000.00 $1.78 $14,240.00 . 6 7 Remove Existing 8 -Inch PCC Pavement, Base & Subbase Construct 8 -Inch Thick PCC Alley/Street 5,400 13,300 SF SF $3.00 S6.01) $16,200.00 $78,800.00 $3.50 $5.50 $18,900.00 $73,150.00 $3.00 $6.50 $16,200.00 $86,450.00 $2.98 $6.05 $16,146.00 $80,465.00 B Remove and Construct PCC Type A Curb & Gutter 130 LF $45.00 $5,850.00 $50.00 S8,500.00 $30.00 $3,900.00 $31.54 $4,100.20 9 Remove and Construct PCC Alley Approach 260 SF $15.00 $3,900.00 $12.00 $3.120.00 $10.00 $2,800.00 $11.391 $2,961.40 10 Remove and Construct 4 -Inch Thick PCC Sidewalk 360 SF $6.00 $2,160.00 $9.00 $3,240.00 $7.00 $2,520.00 $5.70 $2,052.00 11 Remove 8 Replace w /New Water Meier Frame and Cover 50 EA $350.00 $17,500.00 $115.00 $5,750.00 $150.00 $7,500.00 $225.00 $11,250.00 12 Remove& Replace wfNew Water Valve Box and Cover 3 EA $350.00 $1,050.00 $50.00 $160.00 $200.00 $600.00 $185.00 $555.00 13 Remove and Replace whew Sewer Cleanout to Grade 32 EA $300.00 $9,600.00 $60.00 $1,920.00 $175.00 $5,600.00 $185.00 $5,920.00 14 Adjust Manhole Frame & Cover To Grade 1 EA $500.00 $500.00 $200.00 $200.00 $500.00 $500.00 $875.00 $875.00 15 Adjust Telephone 244nch Deep Pull Box to Grade 10 EA $150.00 $1,500.00 $200.00 $2,000.00 $100.00 $1,000.00 $168.00 $1,680.00 16 Adjust Cable TV 24 -Inch Deep Pull Box to Grade 8 EA $150.00 $1,200.00 $200.00 $1,600,001 $100.00 $800.00 $168.00 $1,344.00 17 Striping and Pavement Markings 1 LS $500.00 $500.00 $1,300.00 $1,300.00 $1,500.00 $1,500.00 $2.300.00 $2,300.00 18 Construct AC Patchback 470 SF $4.00 $1,880.00 $8.00 $3,760.00 $6.00 $2,820.00 $11.32 19 Remove & Replace w /New Street Light Pull Box 1 EA $250.00 $250.00 $250.00 $250.00 $200.00 $200.00 5900A0 _ $900.00 EE $203,390.00 4TH $161,770.00 5TH $164,690.00 1 6TH TITLE: BALBOA VILLAGE ALLEY REPLACEMENT ENGINEER'S ESTIMATE: PROJECT MANAGER: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BID LOCATION: City Clerk's Office - City Hall DATE: 06- Jan -09 TIME: 10:OOAM BY: S.H. CHECKED: DATE: ENGINEER'S ESTIMATE INTERNATIONAL PAVEMENT SOLL11101, RIGOLLA &SONS CONSTRUCTION CO., IN ELITE BOBCAT SERVICE, INC. ENTERPRISES CORP ITEM DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT 1 Final Redline As -Bull Plana 1 LS $600.00 $500.00 $250.00 $250.00 $4,500.00 $4,500.00 $1,250.00 $1,250.00 $900.00 2 Mobilization 1 LS $20,000.00 $20,000.00 $5,100.00 $5,100.00 $3,000.00 $3,000.00 $15,700.00 $15,700.00 $10.650.00 3 Traffic Control 1 LS $16,000.00 $15,000.00 $6,000.00 $6,000.00 $3,800.00 $3,800.00 $13,740.00 $13,740.00 $8.250.00 4 Surveying Services 1 LS $10,000.00 $10,000.00 $2,500.00 $2,500.00 $22,000.00 $22,000.00 $5.000.00 $6,800.00 $4.000.00 5 Remove Existing 84nch AC Pavement, Base & Subbase 8,000 SF $2.00 $16,000.00 $2.15 $17,200.00 $1.25 $10,000.00 $1.70 $13,600.00 $3.00 $3.00 6 Remove Existing 8 -Inch PCC Pavement, Base & Subbase 5,400 SF $3.00 $16,200.00 $2.15 $11,610.00 $1.75 $9,450.00 $2.40 $12,960.00 151.00 7 Construct II-Inch Thick PCC Alley/Street 13,300 SF $6.00 $79,800.00 $5.75 $76,475.00 $7.00 $93,100.00 $6.00 $79,000.00 $23.00 8 Remove and Construct PCC Type A Cum & Gutter 130 LF $45.00 $5,850.00 $28.15 $3,399.60 $21.00 $2.730.00 $24.00 $3,120.00 . 9 10 11 Remove and Construct PCC Alley Approach Remove and Construct 4 -Inch Thick PCC Sidewalk Remove & Replace whew Water Mater Frame and Cover 260 360 50 SF SF EA $15.00 $6.00 $350.00 $3,900.00 $2,160.00 $17,500.00 $8.25 $5.00 $350.00 $2,145.00 $1,800.00 $17,500.00 SB.75 $5.75 $65.00 $2,275.00 $2,070.00 $4,250.00 $7.00 $6.00 $145.00 $1,820.00 $2,160.00 57,250.00 $7.Do 12 Remove & Replace whew Water Valve Box and Cover 3 EA $350.00 $1,050.00 $350.00 $1,050.00 $85.00 $255.00 $20D.00 5600.00 $125.00 13 Remove and Replace whew Sewer Cleanout to Grade 32 EA $300.01) $9,600.00 $300.00 $9,600.00 $95.00 $3,040.00 $145.00 $4,640.00 $200.00 14 Adjust Manhole Frame & Cover To Grade 1 EA $500.00 $600.00 $450.00 $450.00 $250.00 $250.00 $1,800.00 $1,800.00 5400.00 15 Adjust Telephone 24 -Inch Deep Pull Box to Grade to EA $160.00 $1,500.00 $550.00 $5,500.00 $50.00 $500.00 $500.00 $5,000.00 $830.00 16 Adjust Cable TV 24 -Inch Deep Pull Box to Grade 8 EA 5150.00 $1,200.00 $400.00 $3,200.00 $50.00 $400.00 5325.00 52,600.00 $52.00 17 Striping and Pavement Markings 1 LS $500.00 $600.00 $950.00 $950.00 $4,50D.00 $4,500.00 62,500.00 $2,500.00 S65.00 18 Construct AC Patchback 470 SF $4.00 $1,880.00 510.50 54,935.00 $15.00 $7,050.00 $8.90 $4,183.00 $700.00 19 Remove & Replace w /New Street Light Pull Box 1 EA $250.00 $250.00 $550.00 $650.00 $125.00 $125.00 $477.00 5477.00 $8.60 S4,042.00 19 Remove & Replace whew Street Lill hl Pull Box 1 EA $250.00 $260.00 EE $203,390.00 7TH $170,214.50 1 STH $173,295.00 9TH $180,000.00 ENGINEER'S ESTIMATE BEAOOR CONSTRUCTION CO. INC. D& L WHEELER ENTERPRISES CORP HIILLCREST CONTRACTING. INC. ITEM DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT 1 Final Redllne A"ullt Plans 1 LS $500.00 $500.00 $1,100.00 $1,100.00 $1,530.00 $1,530.00 $900.00 $900.00 2 Mobilization 1 LS $20,000.00 $20,000.00 $13,775.00 $13,775.00 $5,000.00 $5,000.00 $10.650.00 $10,850.00 3 Traffic Control 1 LS $15,000.00 $15,000.00 $8,250.00 $0,250.00 $3,500.00 $3,500.00 $8.250.00 $0,250.00 4 Surveying Serum 1 LS $10,000.00 $10,000.00 $3,300.00 $3,300.00 $15,000.00 $15,000.00 $4.000.00 $4,000.00 . 5 6 Remove Existing 8 -Inch AC Pavement, Base & Subbase Remove Existing 8 -Inch PCC Pavement, Base & Subbase 8,000 5,400 SF SF $2.00 $3.00 $16,000.00 $16,200.00 $2.00 $1.50 $16,000.00 $8,100.00 $2.25 &4.25 $18,000.00 $22,950.00 $3.00 $3.00 $24,000.00 $16,200.00 7 Construct 8 -Inch Thick PCC Alley/Street 13,300 SF $8.00 $79,800.00 $7.50 $99,750.00 $6.60 $87,780.00 151.00 $93,100.00 8 Remove and Construct PCC Type A Curb & Gutter 130 LF $45.00 $5,850.00 $42.00 $5,480.00 $40.00 $5,200.00 $23.00 $3.068.00 9 Remove and Construct PCC Alley Approach 260 1 SF $15.00 $3,900.00 $15.00 $3,900.00 $10.00 $2.600.00 S13.70 $3.562.00 10 Remove and Construct 41nch Thick PCC Sidewalk 360 SF $6.00 $2,160.00 $9.00 $3,240.00 $5.10 $1,836.00 $7.Do $2.520.00 11 Remove & Replace w /New Water Meter Frame and Cover 50 EA $350.00 $17,500.00 $120.00 $6,000.00 $50.00 $2,500.00 $125.00 $6,25D.00 12 Remove & Replace w/New Water Valve Box and Cover 3 EA $350.00 $1,050.00 $280.00 $840.00 $50.OD $150.00 $200.00 $600.00 13 Remove and Replace w/New Sewer Cleanout to Grade 32 EA $300,00 $9,600.00 $140.00 $4,480.00 $50.00 $1.600.00 5400.00 $12,600.00 14 Adjust Manhole Frame & Cover To Grade 1 EA $500.00 $500.00 $825.00 $825.00 $500.01) $500.00 $830.00 $830.00 15 Adjust Telephone 24- Inch Deep Pull Box to Grade 10 EA $150.00 $1,500.00 $110.00 $1,100.00 $30D.01) $3,000.00 $52.00 S520.00 16 Adjust Cable TV 24 -Inch Deep Pull Box to Grade 8 EA $150.00 $1,200.00 $150.00 $1,200.00 $150.00 $1,200.00 S65.00 $520.00 11 Striping and Pavement Markings 1 LS $500.00 $501 5750.00 $750.00 $1,50D.00 $1,500.00 $700.00 $700.00 16 ConsWcl AC Pelchback 470 3F $4.00 $1,680.00 59.00 54,230.00 $20.00 $9,400.00 $8.60 S4,042.00 19 Remove & Replace whew Street Lill hl Pull Box 1 EA $250.00 $260.00 $1,000.00 $1,000.00 &400.00 $400.00 $300.00 $300.00 EE $203,390.00 10TH $183,300.00 11TH I $183,646.00 12TH $193,012.00 1� J 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TITLE: BALBOA VILLAGE ALLEY REPLACEMENT BID LOCATION: City Clerk's Office - City Hall CONTRACT NO.: 3944 DATE: 06Jan -09 TIME: 10:00 AM ENGINEER'S ESTIMATE: $203,390.00 BY: S.H. CHECKED: DATE: PROJECT MANAGER: Alfred Castanon ENGINEER'S ESTIMATE HARDY & HARPER, INC. ALL AMERICAN ASPHALT A a Y ASPHALT CONTRACTORS ITEM DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT 1 Final Redline As -Built Plans 1 LS $500.00 $500.00 $1,500.00 $1,500.00 $800.00 $800.00 $750.00 $750.00 2 Mobilization 1 LS $20,0000 $20,000.00 $9,800.00 $9,800.00 $10,500.00 $10,500.00 $15,360.00 $15,360.00 3 Traffic Control 1 LS $15,000.00 $15,000.00 $3,900.00 $3,900.00 $8,000.00 $8,000.00 $2,000.00 $2,000.00 4 Surveying Services 1 LS $10,000.00 $10,000.00 $6,000.00 $6,000.00 $6,500.00 $6,500.00 $7,000.00 $7,000.00 5 Remove Existing a -Inch AC Pavement, Base & Subbase 8,000 SF $2.00 $16,000.00 $3,90 $31,200.00 $5.25 $42,000.00 $5.50 $44,000.00 6 Remove Existing 8 -Inch PCC Pavement, Base & Subbase 5,400 SF $3.00 $161200.00 $4,10 $22,140.00 $5.25 $28,350.00 $6,50 $29,700.00 7 Construct 8 -Inch Thick PCC AlleyfStreet 13,300 SF $6.00 $79,800.00 $7.55 $100,415.00 $6.50 $88,45D.00 $6.25 $83,125.00 8 Remove and Construct PCC Type A Cum & Gutter 130 LF $45.00 $5,850.00 $33.00 $4,290.00 $38.00 $4,940.00 $50.00 $8,500.00 9 Remove and Construct PCC Alley Approach 260 SF $15.00 $3,900.00 $7.50 $1,960.00 $13,00 $3,380.00 $15.00 $3,900.00 10 Remove and Construct 4 -Inch Thick PCC Sidewalk 360 SF $6.00 $2,160.00 $5.50 $1,980.00 $10.00 $3,600.00 $10.00 $3,600.00 11 Remove & Replace whew Water Meter Frame and Cover 50 EA $350.00 $17,500.00 $90.00 $4,500.00 $125.00 $6,250.00 $158.00 $7,900.00 12 Remove & Replace whew Water Valve Box and Cover 3 EA $350.00 $1,050.00 $90.00 $270.00 $225.00 $675.00 $308.00 $924.00 13 Remove and Replace wlNew Sewer Cleanout to Grade 32 EA $300.00 $9,600.00 $80.00 $2,560.00 $225.00 $7,200.00 $166A0 $5,312.00 14 Adjust Manhole Frame & Cover To Grade 1 EA $500.00 $500.00 $600.00 $600.00 $250.00 $250.00 $750.00 $750.00 15 Adjust Telephone 24 -Inch Deep Pull Box to Grade 10 EA $160.00 $1,500.00 $60.00 $600.00 $150.00 $1,500.00 $100.00 $1,000.00 16 Adjust Cable TV 24 -Inch Deep Puff Box to Grade 8 EA $160.00 $1,200.00 $60.00 $480.00 $150.00 $1,200.00 $100.00 $800.00 17 lEhiping and Pavement Markings 1 LS $500.00 $500.00 $2,200.00 $2,200.00 $1,512.00 $1,512.00 $1,000.00 $1,000.00 18 Construct AC Palchback 470 SF $4.00 $1,880.00 $10.50 $4,935.00 $8.00 $3,760,00 $11.00 $5,170.00 19 Remove & Replace whew Street Light Pull Box 1 EA $250.00 $250.00 $200.00 $200.00 $350.00 $350.00 $160.00 $160.00 I EE $203,390.00 13TH $799,520.00 14TH 1 $217,217.00 15TH $218,951.00 ENGINEER'S ESTIMATE S. PARKER ENGINEERING, INC. INC. DBA EXCEL PAVING COM ITEM DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT 1 Final Redline As -Built Plans 1 LS $500.00 $500.00 $5,000.00 $5,000.00 $1,000.00 $1,000.00 2 Mobilization 1 LS $20,000.00 $20,000.00 $5,000.00 $5,000.00 $26,000.00 $26,000.00 3 Traffic Control 1 LS $15,000.00 $15,000.00 $5,000.00 $5,000.00 $7,000.00 $7,000.00 4 Surveying Services 1 LS $10,000.00 $10,000.00 $31,500.00 $31,500.00 $8,000.00 $8,000.00 5 Remove Existing 8 -Inch AC Pavement, Base & Subbase 8,000 SF $2.00 $16,000.00 $2.50 $20,000.00 $1.45 $11,600.00 6 Remove Existing 8 -Inch PCC Pavement, Base & Subbase 5,400 SF $3.00 $16,200.00 $2.50 $13,500.00 $2.00 $10,800.00 7 Construct 11-Inch Thick PCC Alley/Street 13,300 SF $6.00 $79,800.00 $11.11 $147,763.00 $7.60 $101,080.00 8 Remove and Construct PCC Type A Curb & Gutter 130 LF $45.00 $5,850.00 $60.00 $7,800.001 $30.00 $3,900.00 9 Remove and Construct PCC Alley Approach 280 SF $15.00 $3,900.00 $12.00 $3,120.00 $11.00 $2,860.00 10 Remove and Construct 4 -Inch Thick PCC Sidewalk 360 SF $6.00 $2,160.00 $9.00 $3,240.00 $10.00 $3,800.00 11 Remove & Replace w1New Water Meter Frame and Cover 50 EA $350.00 $17,500.00 $200.00 $10,000.00 $225.00 $11,250.00 12 Remove &Replace whew Water Valve Box and Cover 3 EA $350.00 $1,050.00 $200.00 $600.00 $500.00 $1,500.00 13 Remove and Replace wfNew Sewer Cleanout to Grade 32 EA $300.00 $9,600.00 $200.00 $6,400.00 $530.00 $16,960.00 14 Adjust Manhole Frame &Cover To Grade 1 EA $500.00 $500.00 $500.00 $500.00 $1,000.00 $1,000.00 15 Adjust Telephone 24 -Inch Deep Pull Box to Grade 10 EA $150.00 $1,500.00 $200.00 $2,000.00 $650.00 $6,500.00 16 Adjust Cable TV 244nch Deep Pull Box to Grade 8 EA $150.00 $1,200.00 $200.00 $1,600.00 $650.00 $5,200.00 17 Striping and Pavement Markin s 1 LS $500.D0 $500.00 $1,000.00 $1,000.00 $1,400.00 $1,400.00 18 lConstruct AC Palchback 470 $F $4.00 $1,880.00 $5.60 $2,632.001 $17.00 $7,990.00 18 Remove & Replace whew Street Light Pull Box 1 EA $250.00 $250.00 $200.00 $200.00 $2,600.00 $2.500.00 EE $203,390.00 16TH $266,855.00 17TH $230,140.00 1 8TH • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL BALBOA VILLAGE ALLEY REPLACEMENT CONTRACT NO. 3944 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. 3944 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Final Redline As Built Plans @ 7/m 4rob;eo Dollars and Gov Cents $ 300 Per Lump Sum 2. Lump Sum Mobilization @ Dollars and Cents $ 7,9oo Per Lump Sum 3. Lump Sum Traffic Control @T�ru JAo -14-d 11' Dollars and U () Cents Per Lump Sum • • PR2of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Surveying Services 'Two 7ff�ss�.� 6 f /./,r" rrr4y @ Dollars and �i> Cents $ $ SD Per Lump Sum 5. 8,000 S.F. Remove Existing 8 -Inch AC Pavement @ 7-w D Dollars rr�� and _Z � Pt...+,,.( Cents $ J_r $ 130000 Per Squa a Foot 6. 5,400 S.F. Remove Existing 8 -Inch PCC Pavement p @ IMr-.e Dollars and 00 Cents $` 00 $ f,- qn Per Square Foot 7. 13,300 S.F. Construct 8 -Inch Thick PCC Alley /Street @ rout Dollars and Cents $ . 50 $ Per Squ a Foot 8. 130 L.F. Remove & Construct PCC Type A Curb & Gutter @ w0 Dollars and Ua Cents $ eZ- $ t� T l Per Linear Foot 9. 260 S.F. Remove and Construct PCC Alley Approach @ !St~ Dollars and Cents $ �].c�0 $ 1150 7 Per Squa a Foot 10. 360 S.F. Remove and Construct 4- InchThick PCC Sidewalk @ T b4�f Dollars and Rve{ ' ✓ Cents �/ $ 7, 7S- $ /0 Per Square Foot @Dollars ©D Cents SO $ � $ 6 yO Per Each 17. Lump Sum Striping and Pavement Markings @ c � t c ollars and C>6 Cents $ 95n $ Per Lump Sum PR3of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 11. 50 EA. Remove & Replace w /New Water Meter Frame & Cover @ fj Ei Dollars and p 89 f',/ no Cents $ $ 7 7t� Per Each 12. 3 EA. Remove & Replace w /New Water Valve Box & Cover @ &t . a W Dollars and Ud Cents $ 60 $ 300 Per Each 13. 32 EA. Remove & Replace w /New Sewer Cleanout to Grade @ E1 14y Dollars and 0 C's Cents $ � $ a8 Per Each 14. 1 EA. Adjust Manhole Frame & Cover to Grade @ Stotr� r�rc�f Dollars and 0o Cents $ %ob $ %O Per Each 15. 10 EA. Adjust Telephone Pull Box to Grade @Dollars and ©d Cents $ $_ $ Sp Per Each 16. 8 EA. Adjust Cable TV Pull Box to Grade @Dollars ©D Cents SO $ � $ 6 yO Per Each 17. Lump Sum Striping and Pavement Markings @ c � t c ollars and C>6 Cents $ 95n $ Per Lump Sum 0 0 PR4of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 18. 470 S.F. Construct AC Patchback ^ @ 1'f ut Dollars <-44 (S Per Square Foot and Cents $ 19. 1 EA. Remove & Replace w /New Street Light Pull Box @ Dollars and 06 Cents Per Each TOTAL PRICE IN WRITTEN WORDS and Cents /2 Date 71Y 6IT I7,('.P f*-'7, y &at �r Bidder's Telephone and Fax Numbers �r $ J 350 =r ' Total'Price (Figures) 4« G s hz, Bidd — P "',We,,,/ idder's Authorized Signature and Title Bidder's License No(s). Bidder's Add ess and Classification(s) Bidder's email address: :7 F.Wsers\pbMShared\contracts\fy 08-09\balboa village alley replacement o3944\proposal o-3944.doc • • 1 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS BALBOA VILLAGE ALLEY REPLACEMENT CONTRACT NO. 3944 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -1 LOCATION 5 -2 PROTECTION 5 -7 ADJUSTMENTS TO GRADE 5 -8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 1 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 0 0 6 -7 TIME OF COMPLETION 4 6 -7.1 General 4 6 -7.2 Working Days 4 6 -7.4 Working Hours 4 6 -9 LIQUIDATED DAMAGES 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -7 COOPERATION AND COLLATERAL WORK 5 7 -8 PROJECT SITE MAINTENANCE 6 7 -8.5 Temporary Light, Power and Water 6 7 -8.5.1 Steel plates 6 7 -8.6 Water Pollution Control 6 7 -8.6.1 Best Management Practices and Monitoring Program 6 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 7 -10.1 Traffic and Access 7 7 -10.2 Storage of Equipment and Materials in Public Streets 7 7 -10.3 Street Closures, Detours, Barricades 7 7 -10.4 Safety 8 7- 10.4.1 Safety Orders 8 7 -10.5 "No Parking" Signs 8 7 -10.7 Notice to Residents 9 7 -15 CONTRACTOR LICENSES 9 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 9 SECTION 9 MEASUREMENT AND PAYMENT 10 9 -3 PAYMENT 10 9 -3.1 General 10 9 -3.2 Partial and Final Payment 12 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 12 201 -1 PORTLAND CEMENT CONCRETE 12 201 -1.1.2 Concrete Specified by Class 12 SECTION 214 PAVEMENT MARKERS 12 214-4 NONREFLECTIVE PAVEMENT MARKERS 12 214 -5 REFLECTIVE PAVEMENT MARKERS 12 9 0 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 13 300 -1 CLEARING AND GRUBBING 13 300 -1.3 Removal and Disposal of Materials 13 300 -1.3.1 General 13 300 -1.3.2 Requirements 13 300 -1.5 Solid Waste Diversion 13 SECTION 302 ROADWAY SURFACING 14 302 -5 ASPHALT CONCRETE PAVEMENT 14 302 -5.1 General 14 302 -5.4 Tack Coat 14 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 14 302 -6.6 Curing 14 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 14 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 14 303 -5.1 Requirements 14 303 -5.1.1 General 14 303 -5.4 Joints 14 303 -5.4.1 General 14 303 -5.5 Finishing 15 303 -5.5.1 General 15 303 -5.5.2 Curb 15 303 -5.5.4 Gutter 15 SECTION 312 PAVEMENT MARKER PLACEMENT AND REMOVAL 15 312 -1 PLACEMENT 15 Last saved by srooks1l /24/2008 3:09 PM fAusers\pbw\sharedlwntractslfy 08- 09Vbalboa village alley replacement c- 39441specs index c- 3944.doc CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS BALBOA VILLAGE ALLEY REPLACEMENT CONTRACT NO. 3944 INTRODUCTION SP 1 OF 15 All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. A- 5159 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714- 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of removing existing asphalt and concrete alleys and constructing new concrete alleys, adjusting utilities to grade and performing other appurtenant and incidental items of work as required to complete the work in place." 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize /follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The design surveyor for this project is Advanced Survey Concepts, Inc., Trabuco Canyon, CA, and can be contacted at (949) 916 -2770. At a minimum, two (2) sets of cut - sheets for all areas shall be included in the bid price and copies of each set shall be provided to City 48 -hours in advance of any work. In addition, the filing of a Corner Record and /or a Record of Survey with the County Surveyor's Office is • • SP2OF15 required after the completion of Work. Prior to any demolition Work the Contractor shall prepare and submit the Corner Records for review by the City a minimum of three (3) working days before the anticipated Work. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and /or monuments damaged by the Work." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4- -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements • • SP3OF15 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -1 LOCATION. Add the following after the 3`d paragraph: "upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust or replace to finish grade City -owned water meter boxes, regulator and valve vaults, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The contractor shall also adjust to finished grade AT &T and Time Warner Cable facilities. The Contractor will be required to contact Southern California Edison, The Gas Company, and other utility facilities to have existing utilities adjusted to finish grade. The Contractor shall coordinate with each utility company for the adjustment of their facilities. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing sewer /storm drain manhole (including grade rings), meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operations Manager, at(949)718 -3402. 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.' • • SP 4 OF 15 No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 45 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1st (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 20 (Christmas Eve), December 25°t (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 Monday is a holiday. If January 1st July 4th, November 11"' 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 a.m. to 5:00 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 5:00 p.m.to 6:30 • • SP5OF15 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $60.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7-- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department. The City must approve any nighttime work in advance. 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 of salvaged materials by contacting Mr. Ed Burt, Utilities Operation Manager, at (949) 718 - 3402." 0 • SP6OF15 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7 -8.5.1 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 hftp://www.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 will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. • • SP 7 OF 15 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detour plans shall meet 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 8 OF 15 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners." 5. The Contractor shall schedule his work in order to minimize the inconvenience to the public. The Contractor shall remove the entire alley, construct the alley base, the smooth trowel finish PCC gutter portion of the alley and that half of the PCC alley with little or no utility boxes /vaults first. The remaining portion of the alley will be constructed after all utilities have been adjusted to grade by the appropriate Utility Company. Should any portions of the alley in the initial construction phase contain utility boxes /vaults; that portion of the alley, not including the gutter, shall be blocked out to the nearest required cold joint or sawcut and constructed after the utility box has been adjusted to grade. Any utility boxes or vaults within '/< inch of the design grade, as determined by the Engineer, may be marked as not requiring a grade adjustment. 6. The Contractor shall allow 7 working days after vehicles are allowed to drive on the alleys for utility adjustments by the Utility Companies in the alley or group of alleys. The contractor shall follow the order of alley construction and may start removals and construction of the next alley after half of the previous alley is complete. After boxes and vaults are adjusted to grade on the previous alley, the previous alley shall be completed. No more than two alleys shall be under construction at one time. 7. The Contractor shall contact and coordinate with the utility owners for the utility box/vault adjustment. Contact names will be provided by the City." 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 • • SP9OF15 right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. in addition, the 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 set, and present both a corrected Mylar hard copy and a compact disc (CD) with each drawing sheet saved as a .PDF as described in the City of • • SP 10 OF 15 Newport Beach Design Criteria Standard Special Provisions & Standard Drawings for Public Works Construction 2004 edition (revised June 23, 2008). The "As- Built' Mylar plans and CD 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 --- MEASUREMENTAND 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 Final Redline As -Built Plans: Work under this item shall include all actions necessary to provide as -built drawings. These drawings must be kept up to date and submitted to the City Inspector for review prior to payment request. Item No. 2 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, and all other related work as required by the Contract Documents. Item No. 3 Traffic Control: Work under this item shall include delivering all required notifications and temporary parking permits, post signs and all costs incurred notifying residents. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to, , signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flagpersons. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 4 Surveying Services: Work under this item shall include establishing survey controls, construction staking, and all other work items as required to complete the work in place. • • SP 11 OF 15 Item No. 5 Remove Existing 8 -Inch A.C. Pavement, Base and Subbase: Work under this item shall include removing existing A.C. alley, base and subbase, disposing of excess material, grading, compaction, and all other work necessary to complete the work in place. Item No. 6 Remove Existing 8 -Inch P.C.C. Pavement, Base and Subbase: Work under this item shall include removing existing P.C.C. alley or street, base and subbase, sawcutting, disposing of excess material, grading, compaction, and all other work necessary to complete the work in place. Item No. 7 Construct 8 -Inch thick P.C.C. Alley /Street: Work under this item shall include constructing the alley and street with 8 -inch thick P.C.C., joint filler, sawcutting and all other work necessary to construct the alley and street pavement complete and in place. Item No. 8 Remove and Construct P.C.C. Type A Curb and Gutter: Work under this item shall include removing and disposing of the existing curb and gutter, compacting subgrade, reconstructing curb openings of existing curb drains, constructing P.C.C. curb and gutter, re- chiseling of curb face for existing underground utilities, restoring all existing improvements damaged by the work, and all other work items as required for performing the work complete and in place. Gutter width shall be 18 inches. Item No. 9 Remove and Construct P.C.C. Alley Approach: Work under this item shall include removing existing improvements and constructing P.C.C. alley approach and all other work items as required to complete the work in place. Work under this item shall also include the removal and replacement of the existing curb per CNB STD - 182-L, Type B. Item No. 10 Remove and Construct 4 -Inch Thick P.C.C. Sidewalk: Work under this item shall include removing and disposing of the existing sidewalk, subgrade compaction, constructing the 4 -inch thick P.C.C. sidewalk, and all other work items as required to complete the work in place. Item No. 11 Remove and Replace w /New Water Meter Frame and Cover: Work under this item shall include removing and replacing existing water meter frame and covers and adjusting all new water meter frame and covers to grade including any equipment necessary to complete the work under this contract. Item No. 12 Remove and Replace With New Valve Box and Cover: Work under this item shall include all labor, tools, equipment, and material costs for removing and replacing with new City of Newport Beach valve box and cover to grade and all other work items as required to complete the work in place. Item No. 13 Remove and Replace w /New Sewer Cleanout to Grade: Work under this item shall include removing and replacing existing sewer cleanouts and adjusting all • • SP 12 OF 15 new sewer cleanouts to grade and any equipment necessary to complete the work under this contract. Item No. 14 Adjust Manhole Frame and Cover to Grade: Work under this item shall include all labor, tools, equipment, and material costs for adjusting manhole frame and cover to grade and all other work items as required to complete the work in place. Item No. 15 Adjust Telephone 24 -Inch Deep Pull Box to Grade: Work under this item shall include adjusting telephone 24 -Inch deep pull boxes to grade and all other work items as required to complete the work in place. Item No. 16 Adjust Cable TV 24 -Inch Deep Pull Box to Grade: Work under this item shall include adjusting cable tv 24 -Inch deep pull boxes to grade and all other work items as required to complete the work in place. Item No. 17 Striping and Pavement Markings: Work under this item shall include removing and installing traffic striping, markings and markers and all other work items as required to complete the work in place. Item No. 18 Construct A.C. Patchback: Work under this item shall include constructing a 24 -Inch wide A.C. patchback, matching existing A.C. thickness and all work items necessary to complete the work in place. Item No. 19 Remove and Replace w /New Street Light Pull Box: Work under this item shall include removing the existing pull box and installing a new #3 '/2 F concrete pull box per CNB STD -204 -L and STD - 205 -L. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 --- CONCRETE. MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560 -C- 3250." E • SP 13 OF 15 SECTION 214 - -- PAVEMENT MARKERS 214 -4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "Alf new non - reflective pavement markers types A and AY shall be ceramic." 214 -5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass- covered reflective faces or be 3M Series 290." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: 'Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial 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/GSV /Frachised Haulers.htm." 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. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. Approximate area of removal and replacement is 13,288 square feet." 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words " 1 2 inch" of the last sentence with the words "two (2) inches ". • • SP 14 OF 15 300 -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 302 - -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: "The asphalt concrete (A.C.) used for surface caps shall be III -C3 -AR -4000. The A.C. for base course shall be III -62 -AR -4000. All cracks '/< -inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot - applied crack sealant approved by the Engineer. In residential areas no highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top 1-1/2 inches of asphalt shall be placed in a separate lift. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted 95% minimum with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302 -5.4 Tack Coat. Add to this section: `Prior to placing the asphalt concrete patches, a tack coat of Type SS -1 h asphaltic emulsion at a rate not to exceed one — tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing. Add to this section: "The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201 -1.1 -2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6 -7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements • • SP 15 OF 15 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." 303 -5.4 Joints 303 -5.4.1 General. Add to this section: "The Contractor shall make a sawcut parallel to the centerline of the alley, 2 feet along each side of centerline, over the entire length of the alley. The Contractor may also sawcut the property lines, adjacent to the alley, in lieu of scoring the pavement along the property lines or constructing an edged cold joint. All sawcuts shall be made to a depth of 2 inches." 303 -5.5 Finishing 303 -5.5.1 General. Add to this section: "The P.C.C. and brick within private property at locations that matches the adjoining existing private property color." Contractor shall patch back A.C., shown on the plans in a manner in structural section, texture and 303 -5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718- 3402." 303 -5.5.4 Gutter. Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." SECTION 312 -- PAVEMENT MARKER PLACEMENT AND REMOVAL 312 -1 PLACEMENT. Amend this section with: 1. The location of raised pavement fire hydrant marker shall conform to the City of Newport Beach Standard Plan No. STD - 902 -L. 2. The Contractor shall not replace raised pavement markers until fifteen days after the application of the pavement or slurry." F : \Users%PBW\Shared\Contracts \FY 08- 091Baltwa Village Alley Replacement C- 3944\SPECS C- 3944.doc Company Profile • . Page 1 of 2 Company profile NORTH AMERICAN SPECIALTY INSURANCE COMPANY 650 ELM STREET, 6TH FLOOR MANCHESTER, NH 03101 -2524 Agent for Service of Process JERE KEPRIOS, C/O CT CORPORATION SYSTEM 818 WEST SEVENTH STREET, 2ND FLOOR LOS ANGELES, CA 90017 Unable to Locate the.Agent for Service of Process? Reference Information NAIC #: 29874 NAIC Group #: 0181. California Company ID #: 3208 -6 Date authorized in California: June 30, 1989 License Status: UNLIMITED- NORMAL Company Type: Property & Casualty State of Domicile: NEW HAMPSHIRE Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY DISABILITY FIRE LIABILITY MARINE PLATE GLASS SPRINKLER SURETY WORKERS' COMPENSATION http: // interactive. web .insurance.ca.gov /webuser /idb co prof. utl.get co prof?p EID =6943 02/03/2009 1- 1305' 0 0 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 a.m. on the 18th day of December, 2008, at which time such bids shall be opened and read for BALBOA VILLAGE ALLEY REPLACEMENT Title of Project Contract No. 3944 $203,390 Engineer's Estimate ien G. Badum Works Director Prospective bidders may obtain one set of bid documents for $25.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project. "A" For further Information, call Alfred Castanon, Proiect Manager at (949) 644- 3314 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: htto:lfwww.city. newoort- beach.ca. us CLICK: e- onlineservices /e- bidPublicWorks 0 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE ALLEY REPLACEMENT CONTRACT NO. 3944 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 BALBOA VILLAGE ALLEY REPLACEMENT CONTRACT NO. 3944 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. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in s 0 • substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — 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 2 - /j-- 6 p Date M • Bond N *GOLST -062 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE ALLEY REPLACEMENT CONTRACT No. 3944 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 yezcent of the total bid amount Dollars ($ 10% of bid 1, to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BALBOA VILLAGE ALLEY REPLACEMENT, Contract No. 3844 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 constructon of the project within thirty. (30) calendar days after the date of the Melling 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 17 th day of 08. Golden State Constructors, Inc. Name of Contractor (Principal) North American Specialty Insurance Company Name of Surety 701 S. Parker Street, (13800 Orange,•CA 92868 Address of Surety (714) 550 -7799 Telephone Randy Spohn, 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 QDIm On before arc, personally appeared a;D- 04LS7I1 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isiiare subscribed to the within instrument and acknowledged to me that heMwAhey executed the same in his /herAheie authorized capacity(ies), and that by hisilheMheie 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. cwuwA coctlww (,OMM. 1t1722119 m Notary y wxoc WITTIES and and o ei ea . sp, 2D17 Signattiff of Notary lac (Notary Sea]) 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 information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) • Attomey -in -Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Califomia mast contain verbiage exactly as appears above in the notary sectum or a separate acknowledgment form must be properly completed and attached an that documrent. The only mrception is if a docrmnent a in be recorded onside of California In mach instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does nor require the notary to dot something that is illegai for a rotary in Calfornia (r .e. cmrfying the aathoried capacity of dre Signer). Please check the document carefrdlyfar proper nominal wording and attach this form (f required • State and County information most be the State and County where the document signers) personalty appeared before the actary, public for acknowledgment. • Date of notarimoon must be the date that the signers) personally appeared which must also be the some date the acknowledgment is completed. • The notary public mutest print his or her name as it appears within his a her commission followed by a comma and then your title (notary public). • Prim the name(s) of document signers) who personally appear at the time of notarization. • Indicate the correct singular a plural forms by crossing off incorrect lams (i.e. hdshel they, is ire) or cycling the correct forms. Failure to com i:dy indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression most not cover text or lines. If seal impression smudges, reseal if a sufficient area permits, otherwise complete: a different acknowledgment form. • Signature of the rwoary public must match the signature on file with the office of the county clerk • Additional infomratiom a not required but could help to ensure this acknowledgment is not misused or attached to a different document • Indicate title or type of attached doeumem, number of pages and date. P Indicate the capacity claimed by the sigma. If the claimed capacity is a corporate officer, indicate the tide (i.e. CED, CFO, Secretary). • Securely attach this document to the signed document 0 0 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY TIME PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, Now Hampshire, end Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: RANDY SPOHN and MATTHEW R DOBYNS JOINTLY OR SEVERALLY Its true and lawful Attamey(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall excad the amount of TWENTY -FIVE MILLION (525,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 20 of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company, and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to arty certificate relating thereto by facsimile, and arty such Power of Attorney or certificate bearing such facsimile signatures or facaindle sal shall be binding upon the Company when so affixed and in the future with regard to arty bond, undertaking or contract of surety to which it is attached." rr ,.rttl B9 �_,tyttonf! "'+ gFAi. l S4.en P. AWe,n4 PmWM a Cklfaoesod.O rfW.04"s tatauaopM I... Cemprry 8 u}a /Sn4r voo, Pecotnt or aorta Amethp spMMy to,mxa coop y SEAL i. F .._. pyr r} MrM M. W yoon,Sooler wee fn.a,A MwMWpeev tnlenNOptl rmv.avn ervptny & vice 4 vice PnslMal Nnt,tb Amnh,v aparidry totunvice Ctmeq IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 30th day of September . 20.8 . North American Specialty Insurance Company Washington International lasuntim Company State of Illinois County of Du Page as' On this 30th day of September . 20 US . before tae, a Notary Public personally appeared Stevan P. Andetson , Presidal and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty insurance Company and David M. ]avman , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insumrtca Company, personally knovm to me who being by me duty swum, acknowledged that they signed the above Power of Altomey as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. FFrtaN.Svsr ��glAlp /0 ..m,JIXS�✓J D. b ®FNa RaM'PuLar, Srmcdrfror 2011 Donna D. Sklens, Notary Public sh' lkmmbaop Hyaa ta4a L lames A. Carpenter , the duly elected Assistand Smretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney gives by mid North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN W UNESS WHEREOF, I have set my band and affixed the seats of the Companies thisl7th day of Demmbef .2008 lama A.C1•ryns•V4elhaknYa Aw'F64t Srtee4yvfwetTkaton hmmtlJael to4errw coo weya 1!R W Menm e1MOMty1 F+ivmHSmgmY CALIFORNIA ALL- PURPOSAKNOWLEDGMENT • State of CALIFORNIA County of ORANGE On December 17, 2008 before me, Erika Guido, NOTARY PUBLIC. personally appeared RANDY SPOHN ® 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. 1 ; • ohnorrnL .. 4 %1'A , ;W .l ih the data below Is not required by law, It may prove valuable to persons relying on the document and prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Best's Rating Center - Comper Information for North American *ialty Insur... Page 1 of 2 Center Yl "yew Ratings Financial Strength Issuer Credit securHl¢s Advanced Search Methodology ; _ Ratings Defrlitiorls k : %V ($2 Billion or greater) North American Specialty Insurance Co Outlook: Negative Action: Affirmed Search best`s Rabrlgs la memo. al -¢¢ -mwn,i AMluxul Orfi80 NAICN:211W4 FEIN *: YZON19i9 Pre,s Relea•IS Address: 650 Elm Street Phone: 603 -644 -6600 _ Mancnesteq NH W101 -2524 Fax: 603144 -6613 Related Pr..... 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All rights reserved. htip: / /www3.ambest.com/ ratings /Fu11Profile.asp ?BI= O &AMBNum= 1866 &AltSrc =... 01/0512009 : %V ($2 Billion or greater) en Analyst I Outlook: Negative Action: Affirmed Effective Dale: December t9, 2008 Reports and News Visa our NewsRcom for the latest news and press releases for this company and as A.M. Best Group. �i AMB Credit ReROrt_ I.SUr since _P efesSiOnal (Unabridged) (formerty known as Best's Company Report) - includes Bests Fire rationale along with comprehensive analytical commentary, detailed business overview and key financial data s r Report Revision Date: 12/19/2008 (represents the latest significant change). Historical Reports are available in AMB Credit Report - Insurance Professional (Unabridged) A,nablye. Bast's Executive Summary Reports (Financial overview) - available in three versions, these presentation style reports feature balance s - key financial performance tests including profitability, liquidity and reserve analysis. Data Status: 2008 Best's Statement File - PIC, Us. Contains date compiled as of 12127/2008 (Quality Cross Checked). F Single Company -five years of financial data specifically on this company. F Comparken - side4ly -side financial analysis of this company with a poor group of up to five other companies you select. F Composite - evaluate this company's financials against a peer group composite. Report displays both Iheaverege and total composite group All Credit Report - Business Professional provides three years of key financial data presented with colorful chins and tables. Each m West Best's Ratings, Rating Rationale and an excerpt from our Business Rewew, commentary. Data status: Contains Gala compiled as of 1212712008 (Quality Cross Checked). Best's Key Rating Guide Presentation Report - includes Best's Financial Strength Radii antl financial data as provided in Bears Key Re Data Status: 2007 Financial Data (Quality Cross Checked). v: Y Financial and Analytical Products Best's PropertylCRSually Center _PMMium Data 8 Reports Best's Key Rating Guide: PIC.SLS.B Canada Beat's Statement File - PIC, US Best's Statement Rd - Global Best's Insurance Reports - PIC. US 8 Canada Best's State Line - PIC, US Best's Insurance Expense Exhibit.(IEE) -P /C, US Best's Schedule F (Reinsurance) -PIC, US Best's Schedule D IMpiLipJ 6_WdS) - US Best's Schedule D (Common Stocks) - US goal's Corporate Changes a d R torments - P /C..USLCN Bears Schedule P (Loss Reserves) - P /C, US Beers Schedule D (Corporaro B9ndS) --US Customer Service I e rWu4LSsinport I Member Center I Corltaalaf4l Careers About A.M. Best I Site Map I Privacy Policy I Security I Terms of Use I Legal B liGensing Copyright ® 2009 AM. Best Company. Inc. All rights reserved. htip: / /www3.ambest.com/ ratings /Fu11Profile.asp ?BI= O &AMBNum= 1866 &AltSrc =... 01/0512009 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE ALLEY REPLACEMENT CONTRACT NO. 3944 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work % of Number Total Bid Name: Address: /39Sd RA Sze ri�J 54-,M P t)Pri7j V Phone: '7�y 35?1' %230 License 1-7 %) N /O Number: 101' Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: Bidder I7 Afithorized Signaturefritle 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE ALLEY REPLACEMENT CONTRACT NO. 3944 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number Project Description rbvr urb 7 tier f )4,-A.Lw-f Approximate Construction Dates: From & /S To: /I- Z.' Agency Name Contact Person .3Ft�l� IA�G�l/ Telephone (jy j y91—b3S� Original Contract Amount $ f Final Contract Amount $ 1(42, 3 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. Ny • • T-WA Project Name/Number i 16 2r+ rt f %(-c S.+.ry Of ra i )v4 n ., Project Description a6w raipj% p ,r Azew e0# Lrek tar drur+ -Ir, _ Approximate Construction Dates: From ( %q- E To: Agency Name C4& car SAO 4 Ao4 Contact Person aV hOdrkl" Telephone (7/Y) 015- /)$I1 / Original Contract Amount $Final Contract Amount $ 6-510213 If final amount is different from original, please explain (change orders, extra work, etc.) - e�C%vu werit- 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 p r n n Project Name/Number && tarp, T [[c o kt - I "ra ve� - Project Description 9)�dPL. I to 5 Approximate Construction Dates: From i To: Agency Name CI& Of' Contact Person .14 croyk- Telephone ( %y) 3.7g- '72L Z Original Contract Amount $ 1 VoO Final Contract Amount $ 6P21p'70U If final amount is different from original, please explain (change orders, extra work, etc.) Gv0 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. 10 0 No. 4 / Project Name /Number Ur 0 Project Description rju rii rGLA ,49 A A A Approximate Construction Dates: From DX To: I0 -/- Z>V Agency Name rJ hi Of Contact Person IGY to utrw.orc Telephone (fir o 39 Original Contract Amount $Final Contract Amount $ 13% 533 If final amount is different from original, please explain (change orders, extra work, etc.) --Q rA wa f K— Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name /Number nn nA r)rNQra_� vir�we, fS SCa�iOK �vk✓ Project Description S24Wiof CAA -J Approximate Construction Dates: From J-1 - M To: V —/Z - 6y Agency Name Contact Person FA. 1111 Chad Telephone ($�A 9 Z4' -5-7 11 Original Contract Amount $Go Final Contract Amount $ gi 3 If final amount is different from original, please explain (change orders, extra work, etc.) J19& toorZ- Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 0 11 No. 6 Project Name /Number Project Description 0 0 Approximate Construction Dates: From 5_- /s -0 J To: 7 - Z-9- -O S Agency Name //�� CON n i S r I CT Contact Person a(-i S P, IV cL '( I r Telephone (SbaJ ?D , 23oZ7 Original Contract Amount $1 g9,5�1rFinal Contract Amount $ I81+ ?-[? 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 a Contractor's current financial conditions. %� lAl��vL�rs Bidder Aut orized Signature/Title 12 G Gofdc Stag Int �rsc5 92647 sua 724 932 -5974 Resume Ronnie Cochran Owner and President of Golden State Constructors Inc. Job Title Field Supervisor Job Description As the owner of the company that will be doing the utility installation, it is my responsibility to see the work is done under the strict standards of safety and at the highest duality that Golden State Constructors demands. Work Experience Have a 17 year knowledge of all phases of construction of the kind we will provide. Worked in public works my whole adult life for cities, state and federal projects. Have journeyman level skills in trenching, shoring, underground utilities (including sewer, water, electrical). Concrete construction, street repair, fire hydrant installation. Services Provided Golden State Constructors typically bids jobs in the Public Works sector. Storm drain installation, ADA compliant curb ramps, underground utilities, sewer repair, major re plumbing projects. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE ALLEY REPLACEMENT CONTRACT NO. 3944 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of �Q ) N►ri a //a✓ being first duly sworn, deposes and says that he or she is r s ae� f of uks6 the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that parry making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I de1clare under penalty of perjury of the laws of the State alifom' t he foregoing is true and correct. id aw ," l'�s 6Lu4d P- lo&yl Bidder Autfiorized Signature/Title Subscribed and sworn to (or affirmed) before me on this Oday of n16C0V, lQ, , 2008 by P-)(3'J4 1 a 9. , personally known to me 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 St at of California that the foregoing paragraph is true and correct. CtAMACOCHRAd - C CoclflW�� COMM. 1IM119 1Was ecurtr Notary Public I400MEWJMA2011 [SEAL] My Commission Expires: 13 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of COMM On 12 lbeplkoe before me, J_MM—AX1417i 117711 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islaee subscribed to the within instrument and acknowledged to roe that he /sho4bey executed the same in his/herAheir authorized capacity(ies), and that by his/herftheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. CLAUDIA COC' i;OMM. #1722119 mm WITNE y ha coal seal. W oRiwo>:COUNTY M9 Conan. Fes. Jan 90, 2011 Signature of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of atmrfied document) (Tile or description ofanached document continued) Number of Pages Document Date (Addrut" infomation) CAPACITY CLAMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) ❑ Partner(s) • Attorney -in -Fad • Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknoviedgmew completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly rnmpleted and marched to that document The only exrepbon is if a docammu n to be recorded oatsmie of California. In such instances, any alternative ackruwledgmem verbiage as may be printed an such a da nr so long as the verbiage does not require the unary to do something rho is illego for a nanny in Calefomia (i.e. certifying the and wrL-ed capacity, of the signer). Please check the document carefullyforproper notarial wording and match this form ##'required. • State and County information must be the Stale and County where the document signers) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signers) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print bin or her name as it appears wi hin his or her commission followed by a comma and then your title (notary public). • Prim the runnels) of document signer(s) who personally appear at the time of nounzat(m. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/sheA hey- is /ate ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover tend or lines. If seal tmpression smudges, reseal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signanse on file with the office of the county clerk 0 Additional information is not returned but could help to came, rho acknowledgment a not misused or attached to a different document. O Indicate title or type of attached document, number of Ages and date. A Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely such this document to the signed document CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE ALLEY REPLACEMENT CONTRACT NO. 3944 DESIGNATION OF SURETIES Bidders 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): �s &ox, ij, 4t<(v33 E Q� S4 SjA A". C1 q2 ?ol 010 54- 14 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE ALLEY REPLACEMENT CONTRACT NO. 3944 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Nameef)UW .i[W� lDx��CarS 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. 15 Current Record Record Record Record Record Yearof for for for for for Record 2007 2006 2005 2004 2003 Total 2008 No. of contracts /� �l $ D D O Total dollar Amount of Contracts (in Thousands of $ ) ZP4 000 Sc0000 ,be f) I,32SS000 No. of fatalities 0 D 0 O © - D O No. of lost Workday Cases C) 0 U D D No. of lost workday cases involving permanent transfer to O O O D 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. 15 • • Legal Business Name of Bidder AoldI&� %� COO - rvdoo Business Address: (pigs_ (?p,tt�4, cA JL&g1 Business Tel. No.: I iy ip Ls - 1-7 se State Contractor's License No. and Q Classification: 0 0100 A �� Title &o4,mA. E�slruri,, c The above information was compiled from the records tai Iat 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. UP • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE ALLEY REPLACEMENT CONTRACT NO. 3944 ACKNOWLEDGEMENT OF ADDENDA Bidders name Luw J62 a0 .r5 The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 17 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA VILLAGE ALLEY REPLACEMENT CONTRACT NO. 3944 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: 96(jw �r. b�lruc .5 Business Address: 1067- ISKUW k 1f& CA 4 Z-&'49 Telephone and Fax Number: ?IQ WS'-97:59 -71( &IS - $Z4S California State Contractor's License No. and Class: 9000 wA tt (REQUIRED AT TIME OF AWARD) Original Date Issued: 10 -OS Expiration Date: 03- cfi 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: me Title Address Telephone vNi e l 11 Src. i t _ 641.a,w-' dIS C4 eWwW 71V /2r -8' zr v Corporation organized under the laws of the State of ` �L 11I D rot--, i- 18 0 • The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. rig Have you ever failed to complete a project? If so, explain. P D For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes 0 Are any claims or actions unresolved or outstanding? Yes ' 19 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. 9 c (Print name of Owner or President of Cor ration Company) Bidder Authorized Signature/Title & 'hh % Title /'9 -/S -a� Date On 2 t P/0 before me, CA&- w Coc4inA-? Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person'(:trrwhose name"are subscribed to the within instrument and acknowledged to me that O�' executed the same in l'��ir authorized capacity(tva�, and that by h s heFAheir signature(O 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. Notary Public in and for said State My Commission Expires: 30 20 I CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of QMW On 2 fJ oO before me, 0at1Wa �t�„� -0Ubtir (Here invert oume and title of the officer) personally appeared ammit Z). ONO= who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is'We subscribed to the within instrument and acknowledged to me that he /sh&Mtey executed the same in his/heeAheiP authorized capacity(ies), and that by hisdlenWteh 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. ! cu.wcocalww COMM, 01722119 NO" PublicCNNomle WITNES and a s Ca++aIE(b tTr Cnaft J. Signature of Notary Public (Notary Seal) ADDTITONAL 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 information) CAPACITY CLADAED BY THE SIGNER • Individual (s) • Corporate Officer (Tale) • Partner(s) • Attorney -in -Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Arty acknowledgment completed in California most contain verbiage exactly as appears above in the rotary section or a separate acknowledgment form mast be properly completed and attached to that document. 77te only exception is if a document is to be recorded outside of Caltf ma. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does mit require the notary to do something that to tllegrd for a rotary in Catifo w # e. cefflh'ing the amhm --ed capacity of the signer). Please check the document carefidlyfor proper national wording and mach thisform ifrequired • State and County information must be the State and County where the document siguet(s) personally appeared before the notary public for acknowledgment. • flare of notanzatioo must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment a completed. • The notary public must prim his or her more as it appears within his or her eommus mh followed by a comma and then your title (notary public). • Prim the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural than; by crossing off incorrect forms (i.e. Wsheilhwr is !ore ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression most our cover text or lines. If seal impression smudges, reseal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk • Additional information is not requhad but could help to ensure this acknowledgment a 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 auwh this document to the signed document 0 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 8 June 23. 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Alfred Castanon, Associate Civil Engineer 644 -3314 or acastanon @city.newport- beach.ca.us SUBJECT: BALBOA VILLAGE ALLEY REPLACEMENT —COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3944 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 1 year after Council acceptance. Discussion: On January 13, 2009 the City Council authorized the award of the Balboa Village Alley Replacement project to Golden State Constructors, Inc. The contract provided for the removal of the existing asphalt and concrete alleys, raising existing utilities to grade, and constructing new 8 -inch thick concrete alleys. In addition, a portion of the concrete pavement on "A" Street between Balboa Boulevard and the Oceanfront sidewalk was reconstructed. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $128,606.00 Actual amount of bid items constructed: $132,540.52 Total amount of change order: $10,187.68 Final contract cost: $142,728.20 The increase in the actual amount of bid items constructed over the original bid amount resulted from additional concrete construction requested by City staff. This additional concrete construction allowed for a better tie into the alley's existing pavement and was made possible due to good bid pricing. In addition, there were four change orders totaling $10,187.68. The change orders were for the following: • Balboa Voltage Alley Replacement. Complet0nd Acceptance of Contract No 3944 June 23, 2009 Page 3 Funds for the construction contract were expended from the following accounts: Account Description Account Number Amount General Fund 7013- C5100277 $25,290.00 Assessment District No. 75 Funds 74075 -9804 $78,522.20 Water Enterprise Fund 7501- C5100277 $38,916.00 Total: $142,728.20 Prepared by: Submitted Alfr d Castanon S p G. Badum Associate Civil Engineer u c Works Director 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK I.eilani I. llrown. M.MC' June 24. 2009 Orange County Recorder P. O. Box 238 Santa Ana. CA 92702 RE: Notices of Completion for the following projects: 38`" Street Tidal Structurelfide Valve (C -3954) Ocean Pier Repairs (C -3973) Balboa Village Alley Replacement (C -3944) Please record the enclosed documents and return them to the City Clerk's office. Thank you. Sincerely, Leilani I. Brown, MMC City Clerk Enclosures 3300 Newport Boulevard Post Office Box 1768 - Newport Beach, California 92658-8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 - www.city.newport - beach.ca.us 0 9 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and AIS Construction Co., of Carpinteria, California, as Contractor, entered into a Contract on September 11, 2007. Said Contract set forth certain improvements, as follows: Ocean Pier Repairs (C -3973) Work on said Contract was completed, and was found to be acceptable on April 17. 2009, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Westchester Fire Insurance Company. !P licW-orks Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on at Newport Beach, California. m