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Home My WebLink AboutC-3947 - West Newport Park Tennis Court Fencing ReplacementCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani L Brown. MMC May 13, 2009 Mr. William Blanciak, President Harris Steel Fence Co., Inc. 8728 S. San Pedro Street Los Angeles, CA 90003 Subject: Tennis Court Fence Replacement (West Newport Park) (C -3947) Dear Mr. Blanciak: On May 13, 2008, 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 June 26, 2008. contract is SureTec Insurance Company, and the bond Enclosed is the Faithful Performance Bond. Sincerel , 2 �(TKP^-i Leilani I. Brown, MMC City Clerk Enclosure The Surety for the number is 4362360. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TENNIS COURT FENCE REPLACEMENT (WEST NEWPORT PARK) CONTRACT NO. 3947 wy '.`'.Y ED O:. FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 1,631.00 being at the rate of $ 25.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to HARRIS STEEL FENCE CO., INC., hereinafter designated as the "Principal ", a contract for construction of TENNIS COURT REPLACEMENTS (WEST NEWPORT PARK), Contract No. 3947 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3947 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and SureTec Insurance Company duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of Sixty-Five Thousand, Two Hundred Twenty-Five and 94/100 Dollars ($65,225.94) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. FU 0 0 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys.fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 15th day of January , 2008. HARRIS STEEL FENCE CO., INC. (Principal) Auk thorized Signature/Title SureTec Insurance Company Name of Surety 3033 5th Avenue, Suite 300 San Diego, CA 92103 Address of Surety (800) 288 -0351 Telephone Authorized Agent Signs re Andrew Sysyn, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED F:WsersVl3WtShared\Contracts%FY 07- MTennis Court Fencing Replacement C- 394- ACONTR4CT C3947.doc W • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California as. County of Orange i On January 15, 2008 before me, Andrew J. Sysyn, Notary Public Date Name mq Tak d OlrKer (ed, Jane DM Notary Poesl personally appeared William A Blanciak Neme(s) of Syner(s) ANDREW 1 SYSYN Commisslon # 1624378 m Notary PubDc - California Orange County MyColmn. Eores Nov 24, 2009 BRpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the pamon(11) whose name( isVe subscribed to the within instrument and acknowledged to me that he/ executed the same in his/ authorized capacityPA), and that by hisINIUM signature(df on the instrument the personpf), or the entity upon behalf of which the person(A) acted, executed the instrument. WITNESS my hand and official seal. so a- OPTIONAL Though the information below is not required by taw, it may prove vaWable 10 persons retying on the document and could prevent fraudulent removal end reattachment of line tam to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: OREM • Individual Top am mb here • Corporate Officer — Title(s): • Partner — O Limited O General • Attorney -in -Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: 0 19M Neff, l N"y Mwda... MW De S A .. P.O. Bo P 02 • Ca9CwoM. CA 9131Ma02 • wwvutJatloraPhgH.ord ProO. NO. ewr n wr: wo i-- 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Ora, On 1/15/2008 Date I ss. before me, R. Mendoza, Notary Public Name an0 Me of Officer (e.g.. 'Jam, Doe, Notary Public) personally appeared Andrew Sysyn Names) of Signer(s) �Inxnmm�luulxummnnnunumllnmumnnunnlxmlgnnmm�l� R. MENDOZA s Commilision # 1621385 C Notary Pubec - Conforrno My Orange County =_ IIgI11111gllnnndglCnB11H AllE)plr III Nlllov 1 int20019! Place Notary seal Above personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personM whose name(@) isAW subscribed to the within instrument and acknowledged to me that he /jk9LqW executed the same in his /bsrAbRic authorized capacityties), and that by hls/14WMWW signature(s) on the instrument the persortW, or the entity upon behalf of which the person(a) acted, executed the instrument. 1 //ff WITNESS mf�hand and offinpal seal. OPTIONAL signature of NoWulok Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this Corm to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: c ;NT THUM9PftiNT Or SIGNER 0 1989 Natbnal Notary Aeeo Akn • 9350 Ca SM AN., P.O. Box 2a02 • CA 913132402 • r nal&almta vc,g Prt . No 5907 ReONar. Cell WWme 14100 - 8786927 POAat 510001 SureTec Insurance Company LEMMD! POWER OFATTORNEY Snow All Men by These Presents; That SURETEC INSURANCE COMPANY (the ".Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Raylene Mendoza, Andrew Sysyn of Costa Mesa, CA Its to and lawful Attorney(s)-in-fact with full power and authority Hereby conferted in its name, place and stead, to execute, acknowledge aW deliver any and all bonds, recognizances, undertakings or .other insutauents or contracts of suretyship to include waivers tattle conditions of contracts and. consents of surety, providing the bout penalty does not exceed Five Million Dollars and no /100 ($5,000,000.00) and to bind the Company thereby as dilly and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by W Secretary, hereby ratifying and wntirmhrg all that the said Attomey(s )-in -Fact may do in the premises. Said appointment shall continue in force until 10/31/08 and is made under and by, authority of the ibllowing resolutions of the Board of )Directors of the S`=Tec Insurance Company: Be rf Resolved, that the, President, any ViwFm'sldcnt, any Assistant Vice-Fresidem, any Saws* y, urarty Assisteof S=etary shall be and is hcrtuy vested with M.power and authority to appointany one or more auit Ne parsons asAttoi t*)-h1 -Fad to represent and act for and on behalf of the Company subject to the following provisions: Auohwe,ILin -Fact may be given full poae<aad autbority for and in the name of and of beh$f'of the Company, to. oxeaue, acknowledge and deliveq any and all hoods; reoogQ1zaeces, cormacts,..WmMe tts' or indemnity and other conditional of obligUttyvadwtddngs and any and all notices and documams canceling or terminating the Company's liability 4hemandg, sod any stub inSUuma 0 so executed by'eny such Attorney-in-Fact shall be binding upon the Company as if sighed try ft Freocut au4seatedendel d.by1 to Corporate Sect'amq. Be It 8esotve44 01a4:9e signatureaf any audwrlod officer and seal oftheCompanyhaetofota oraereaWarato to IM power of aatmney or WW oesriGeate r"ng thereto by,thcsimila, and any power ofattDMO or CdMA ale I>eatirrg t6osimlle sigwatue or %cRimile sealvurn be velid an fbinding upon the Company with iespact to any bond or undertaking to which it is attached (AdopX&ara meeflhrg Held on 2& ofApr4 199,9,) In #7&u st Wke Wf, SURETEC INSURANCE, COMPANY has caused these. presents to be signed by its. President, and its corporate seal to be hereto affixed this 201h day of June, A.D. 2005. TIiC ilu CE COWANY F State of Texas . ss: County of Barris t On this 20W tley of Juno, A.D. 2005 6eWta rite personally came D.J. ICirrg, to me known, who, being by.me duly swot, did depose and say,. Wet he Midis in fiodstoe, Texas, thot he Is President oi:SURETEC INSURANCE COMPANY, the canrpang dessdlittl m and WW6 exdctndd the above instrument; that he knows We seal of seid:Compapy; that We seal atuxed to said insnumcnt'is such corporate sedy 90 it was so affixed by order of the Board of Directors ofsold Company; and that he signed bis..name thereto by like order. MiCheUe Detunt Holy ptrEllD 81mee1T�taf ' Irt+hW t" IS A Vyt?otmYtdon 1yRehaQtt}TannjrNotarg . tic biyaior W,49ido.8mpitos August 27, .2008 4 M Brad Beaty, Assistant Secs &W q(,%METEC'1NSlACMC&COMPANY, ado %swby cenify thattixabDbe andfaregoiog is a true and orreot copy of aTowerof Alhomay, exocuted by said Company., which is still in full.force -_Wd eo= and'6 hdMtM the' ftsolidionsof the Board.of Directors, set out in W2- Power-of Attorndy are Ia1W1 foroe'edd;e'ifteC Given under my hand and the seal ofsald Company of Houston, Texas this / 5 day 20 a 8, A.D. $rent $ntl , sisfant tSa fury Any kr vw*d Idaueu to excess of the Penally stated above is totally void and withoutar y validity. For vor10eation 0 the euthottbf otthis power yol DW ee0IRM 872-0400 any budnsaa�day belvrom m0am and 5*0.pm CST. CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC June 26, 2008 Harris Steel Fence, Co. 8728 S. San Pedro Los Angeles, CA 90003 Subject: Tennis Court Fence Replacement (C- 3947) To Whom It May Concern: On May 13, 2008, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on May 21, 2008, Reference No. 2008000242401. The Surety for the contract is Suretec Insurance Company and the bond number is 4362360. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaV nn . Haess, MM City Cler encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TENNIS COURT FENCE REPLACEMENT (WEST NEWPORT PARK) CONTRACT NO. 3947 BOND NO. 4362360 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to HARRIS STEEL FENCE CO., INC., hereinafter designated as the "Principal," a contract for construction of TENNIS COURT REPLACEMENTS (WEST NEWPORT PARK, Contract No. 3947 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3947 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, SureTec Insurance Company, duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety') are held firmly bound unto the City of Newport Beach, in the sum of Sixty-Five Thousand, Two Hundred Twenty-Five and 941700 Dollars ($65,225.94) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 26 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 aright of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 15th day of January —,200%. HARRIS STEEL FENCE CO., INC. (Principal) `� Authorized Signature�tle 7 SureTec Insurance Company Name of Surety 3033 5th Avenue, Suite 300 San Diego, CA 92103 Address of Surety (800) 288 -0351 Telephone i Authoriz d Agent Sig ture Andrew Sysyn, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange On January 15, 2008 beforeme, Andrew J. Sysyn, Notary Public Date Nam, aM Me of Offim (e.9.,'Ja. Dw, Notmy Ptt kl personally appeared William A. Blanciak Name(.) a Sigwj.) ANDREW J. SlSYN CommisMon # 1624378 -ae Notary Public - California Orange County My Comm. Expires Nov 24, 2009 Upersonally known to me 0 proved to me on the basis of satisfactory evidence to be the personM whose name(A isOb subscribed to the within instrument and acknowledged to me that he/ executed the same in his/ authorized capacitypR), and that by his/X signature(dj on the instrument the personN, or the entity upon behalf of which the person($) acted, executed the instrument. WITNESS my hand and official seal. sigmm�, m Norery�� OPTIONAL Though the informalion below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: • Individual • Corporate Officer — • Partner -0 Limited 0 Attorney -in -Fact 0 Trustee 0 Guardian or Conse 0 Other: Signer Is Representing: Number of Pages: womm Top Df thumb here Title(s): O General ry ator iww nom, wswas0on • r ue ioto qro.. P.D. Box 2 M I C1re ms , CA 919132002 • e NmbnalNoNP/.o,9 Pm . No. 5907 nemoa: C9, R&FYOD 1-900E730iW 10 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange On 111512008 , before me, R. Mendoza, Notary Public Date Name and Tine of Officer (..g.. 'Jane Doe, Notary Public") personally appeared Andrew Sysyn Name(s) of Signers) $ IIIUUUUUUUUUUUUUl1UUUlUIIUUII {lU1NUUUNIIUIUUNNNfUl11{1NL' a R. MENDOZA ComrtUU{on 8 1521385 z Notary Public • California Orange County s nor Comm. n Exdres Nov mmumnnnnnnuumnmm. 14, 2009= �anuunnuuna pnunuumunum n Race Notary Seal A e 4N personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person) whose name(§) isAW subscribed to the within instrument and acknowledged to me that he/ay executed the same in hislhedffiRk authorized capacity(ies), and that by hishwaWifivix signature(a) on the instrument the persordA, or the entity upon behalf of which the persona) acted, executed the instrument. WITNESS my a dgand offici seal. �V Signatur.,NOWT lic OPTIONAL Though the information below Is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this than to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above Number of Pages: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual WEEM Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fad ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1899 Nafianai NOnry Aasoelefion -sM Da Soto AVe., P, O. box 2402• Cbae..nn, CA 91313.2402• w mWonalnMgxM PW Ne. 5907 NeoNer: Cal TOW. 1.9008Ta98Z7 POA M. 510001 SureTec Insurance Company t EMMD POWER OF ATTORNEY Knew All Mat by nese Presents, That SURETEC INSURANCE COMPANY (the "Company', a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Raylene Mendoza, Andrew Sysyn of Costa Mesa, CA its true and. lawful Attimney(s )-in- fact, with fid1 power and authority hereby confetted in It's haute, place and stead, to execute, acknowledge and deliver any and all bends, recognizances, undertaldngs or other instruments or contracts of suretyship to include • waives to the conditions of contracts and, consents of surety, providing the bond penalty does not exceed Five Million Dollars and no /100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attomey(s )-ln -Fact may do in the premises. Said appointment shall continue in force until 10/31/08 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company. Be U Reaolved that the President, any Vico President, any Assistant Vice - President, any Secretary or any Assistant Secretary.sW be and is hereby rested with full power and authority to appointaoy one or more suitable persons as Attomey(8)-in -Fact to represent and Set for and on behalf of the Company subject to the following provisions: Attorray-in -Fact may be given full power, and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bond$ recognizaacos, commons, agreements or indemnity and other conditional or obligatory under[akings and any and all notices and docunicam canceling or temrinatng the Company's liability thereunder, and any s eb instuments so executed by sty such Attorney -in -Fact shall be binding upon "the Company as if signed by the President and'aealed and.ofl'ected by the Corporate Seeretary. Be it Resolved that the signature of any authorized of'tcer.and seal of the Company heretofore or bereaner axed. to tray polwr of attorney or any cartificate, retatng thereto by bmirmft and arty power ofeworney or certfcate, bearing fAcsmale, signature or f iesuaile seal shall be valid and binding upon the Company %i* respect to any bond or undataking to which it is attached (Adapted al a sleeting held on 20 of April, 1999.) In Wiftiress Wbereef SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. u . �R&TEC ISUItANCE COMPANY ''° Bye ,. B»t t State of Texas. as: I �� County of Hams R On this 20th day of June, A.D. 2005 befora me perponaity eame B;J. King, to me known, who, being by me duly swum, did depose' and say, that he resides in Houston, Texas, that be is President of WRETEC INSLWAT10E COAVANY, the company deserthed in, and which executed the above instrument; that he (mows the seal of said Company; that the seat stinted to said Instrument'is such corporate soak that it was so of xod by order of the Board of Directors ofsaid Company; and that he signed his.name thereto by like order. "E l, Faft IS I11yowndstlOne"9i h lehelleDenny,Notaty liFt e AUglpt V. 2W My twrnmission "pit" August 27, 2008 C M Brent Beaty; Assistant Secretary of.SURBTEC INSURANCECOMPANY, delteraby certify that the sbo" and faragoidg is a eve and code copy of a Powerof Attorney, executed by said Company, ndhich.is sdll.in fiat.&bree :mad of i; and'iuithenhore, uhe tesolutcsts of the acaw. of Dhootors, set tom ld the PowercfAtwrndy are in full fora and etlieet , Given tinder my hand and the seal of-said Company at Houston Texas this /5' " day � �« � 20 t?t; , AD. Brent Bea latent ry Anyinsb merrt issued to e,ccess of the penahy stated shove ts totally void and without arty valli ft. For verMGWOn of the eutrodgr *(this pourer you Me oli ill) a1 a -0&04 esy bustnosselay betumentl too am atW SWUM CST. RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 L Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIINIIIIIIIII NO FEE 200800024240101:35pm 05121108 212 211 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Hams Steel Fence, Co. of Los Angeles, California, as Contractor, entered into a Contract on January 8, 2008. Said Contract set forth certain improvements, as follows: West Newport Park Tennis Court Fence Replacement (C -3947) Work on said Contract was completed, and was found to be acceptable on Mav 13. 2008, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is SureTec Insurance Company. �Tbrks Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on M�_/ y M OE at Newport Beach, California. -.a v l J l±� e� -�I /5' 1 I • 0147 (38/100-20o8) CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 11 May 13, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Patrick Arciniega 949 - 644 -3347 or parciniega @city.newport- beach.ca.us SUBJECT: West Newport Park Tennis Court Fence Replacement— Completion and Acceptance of Contract No. 3947 Recommendations: 1. Accept the completed work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. Discussion: On January 8, 2008, the City Council authorized the award of the West Newport Park Tennis Court Fence Replacement project to Harris Steel Fence, Co. The contract provided for the installation of new tennis court fencing and windscreen for the West Newport Park tennis court. 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: $65,225.94 Actual amount of bid items constructed: $65,225.94 Total amount of change orders: $5,775.80 Final contract cost: $71,001.74 West Nark Tennis Court Fence Replacement - Complete Acceptance of Contract No. 3947 May 13, 2008 Page 2 The final overall construction cost including two Change Orders was 8.9 percent over the original bid amount. The change orders were as follows: Change Description Amount Order 1 Post repair and concrete mow strip below new fence $2,725.00 for racquet all court. 2 Replace handball court windscreen and paint $3,050.80 basketball net post to match new tennis court posts. Total Project Change Orders $5,775.80 Environmental Review: The project was exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementation Guidelines when the project was authorized by the City Council. This exemption covers the repair, maintenance and minor alteration of existing public facilities with negligible expansion. Funding Availability: In addition to the primary construction contract, this project involved other project expenses for material testing. Total project expenses are summarized as follows: Construction $71,001.74 Project Inspection- Project Partners $2,242.35 Miscellaneous $190.00 Total Project Cost $73,434.09 Funds for the construction contract were expended from the following accounts: Account Description General Fund Account Number 7015- C4120928 Total: Amount $71,001.74 $71,001.74 All work was completed by the scheduled completion date of April 17, 2008. Prepared by: '��00.f Patnc c Arcinieg Senior Civil Engloepir SuhinittPd hv- 0 • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC May 14, 2008 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: West Newport Park Tennis court Fence Replacement (C -3947) Please record the enclosed document and return it to the City Clerk's Office. Thank you. Sincerely, l_/ � LaVonne M. Harkless, MMC City Clerk Encl. 3300 Newport Boulevard • Post Office Box 1768 - Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 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 a.m. on the 20th day of December, 2007, at which time such bids shall be opened and read for TENNIS COURT FENCE REPLACEMENT (WEST NEWPORT PARK) Title of Project Contract No. 3947 $130,000 Engineer's Estimate by ;tephen G. Badum blic Works Director Prospective bidders may obtain one set of bid documents for $10 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License "A" or "C -93" required for this project For further information, call Patrick Arciniega, Protect Manager at (949) 644-3347 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: hftt)://www.city.newport-beach.ca.us CLICK: e- onlineservices /e- bidPublicWorks CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TENNIS COURT FENCE REPLACEMENT (WEST NEWPORT PARK) CONTRACT NO. 3947 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ........................................................ .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIALPROVISIONS ................................................................. ...........................SP -1 z - CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TENNIS COURT FENCE REPLACEMENTS (WEST NEWPORT PARK) CONTRACT NO. 3947 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 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 sec.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices 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. 319155 C -13 Contractor's License No. & Classification 12 - ) 5 ay Date 12/17/2007 09:34 13237518812 HARRIS STEEL FENCE PAGE 02/02 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TENNIS COURT FENCE REPLACEMENT (WEST NEWPORT PARK) CONTRACT NO. 3947 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, 'a charter city, in the principal sum of Ten percent of amount bid Dollars ($ 10% of bid ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of TENNIS COURT REPLACEMENTS (WEST NEWPORT PARK), Contract No. 3947 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notlficatlon 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 17th day of December 2007. c Harris Steel Fence Co Inc. Name of Contractor (Principal) _ �C4ALRH&Tzied Signature/Title SureTec Insurance Company Name of Surety 3033 5th Avenue, Suite 300 San Diego, CA 92103 Address of Surety (800) 5987535 Telephone Autho ized Agent Si nature Andrew Sysyn, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On I l PG. - before me,�� 'fS* sn �✓o, �rL ale Nalco and ilia of OfrCer {e .. Doe,NOWryPUwic'� personally appeared ANDREW J. SYSYN Commission # 1624376 Notary Public - COIN omta orange County OlMyComm. Expires Nov 24, 2009 ,)<personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personK whose name(a - Ware - subscribed to the within instrument and acknowledged to me that he/skeAke) executed the same in his /her44eir— authorized capacity(L*, and that by hlSA4e0tivir signature(s) on the instrument the perstmW, or the entity upon behalf of which the person(sj- acted, executed the instrument. WITNESS my hand and official seal. ��— SignaNreot Y- . OPTIONAL Plough the into malion below is not required bylaw, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this farm to another document. Description of Attached Document / / Title or Type of Document: � /.%a�"�' Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ° ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Number of Pages: Signer Is Representing: 01999 Nalbml Notary Aa Man • 9350 De Solo Ava., P.O. Box 2 - Chet *. CA 913132{02 • www.NMl Nota v. Pm . No. 5907 RIGHTTRUNIRPRINT OF SIGNER Bemde,. Call TO F. 18008]88321 i • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange ss. On 12/17/2007, before me, R. Mendoza, Notary Public Date Name and Tire of Officer (e.g., -Jane Dce, Notary Public') personally appeared Andrew Sysyn Names) of Signer(s) �nnunnndnnunnnunnnnnnnnnmdnmunannnnuunununm� a R. MENDOZA Commission # 1621385 y Notary Pudic - Coldomlo 5 Orange County 00 aa Mr Comm. Ex lies Nov 14, 20099 slunnnnnnnnnl nnnnnnnuummOluumumnnunnmm�mw= Place Notery Seal Above XN personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person" whose name(@) isfilfW subscribed to the within instrument and acknowledged to me that he/jMdNW executed the same in his /hedlimir authorized capacity0sa), and that by histr4w ilaW signature(s) on the instrument the person, or the entity upon behalf of which the person(4g) acted, executed the instrument. WITNESS mv/hand and officigl seal. Signakire of Nota%Kblic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER Top of thumb here 01iM Nalional Notary ASaouation • S;i50 De Solo AVe.. P.O. Box M2 • Chalrnonh, CA 91318-24M -• nati lnolary.oy Pmtl. W. 59D7 Reoatl . Call Toll -Free 1900.81 &B32J 0 HMO: 510001 SureTec Insurance Company MUTED POWER OF ATTORNEY Know Alf Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Raylene Mendoza, Andrew Sysyn of Costa Mesa, CA its true and lawful Anorney(s) -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recogttizances, undertakings or other instruments of contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises, Said appointment shall continue in force until 10 /31 /08 _ and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved that the President, any Vieo-Presidenk any Assistant Vice-Presidem, any Secretary or any Assistme(Sectetary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(+In -Fact to represent and act for and on behalf of the Company subject to the following provisions: .Attarney,ln -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recogetiaances, contracts, agreements or indemnity and other conditions) or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thareucdu. and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effetxed by the Corporate Secretary- Be ii Rerotved,. that the signs =of any authorized officer and seal of the Company, heretofore of hefeatter atfnted to any power of attorney or airy eertiticate robaing thereto by facsimile, and any power ofanomey of otr6ficate bearing facsimile signature or Ihcsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeft held on 201e ofAprlt, 1999.) In Wh aess Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 201h day of June, A.D. 2005. u PAN � �1'$C JSUi2ANCECOMPANY vvJ "40 ?: By: t State of Texas ss:t4>a� County of Harris t On this 20th day of June, AD. 2005 before me personally came B.J. King, to me known, who, Wag by me duly swore, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like ardor, bUCtlelGa I)etxty NolaY PtrEID • likA80t1F 'YJf1 1r Illy Gonvallo tt Bow Michelle Deeny, Notary �� AtlgU 27.2008 My commission. expires August 27, 2008 4 M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Poww of Attorney, executed by said Company, which is still in full force and crwt; andAutbemtom the resolutions of the Board. of Directors. set out in the Power of Attorney we in full force and,e4fect Given under my hand and the seal of said Company at Houston, Texas this _t3' 77 y 20�, A.D. Hreat , nt S ry Any Instrument Issued In sxeess of the penalty stated above Is totally veld and without any valldny. For verMcation of the authority of this power you may mall (718) 8120600 any business day betwaim8:00 nn end 6:00 pm CST. Best's Rating Center - Corn 14V Information for SureTec Insuran6Company Page 1 of 1 Rating Center \ }JJ view Ratings: Fin aSlal;trgpgih Issuer Credit Securities Advanced Search RaNtg Methodology ..._ SureTec Insurance Company hldustfy Research Railings Definitions ' Sao, Bests Ratings p.M.aniM: tlEll Nalro ;10G15 I.W.t: 1505551<0 Press Releases Address: 952 Echo Lane, Suite 650 Phone: 713-812-0800 Houston, TX 77D24 Fax 713-812 -0908 Web: wov,ouretec.com Best's Ratings Rsleted Prolucts le r� Rish Financial Strength Ratings View Definitions wed Finance Rating. A. (Excellent) Financial Size Category: VI ($25 Million to $50 Million) Iiow1� Oet Rated Outlook: Stable Action: Affirmed OWsd an Ar*yst Effective Date: January 12, 2007 * Denotes Under Review Best's Ratings Reports and News Visit our Newe nom for me latest news and press releases for this company and its A.M. Best Group. Me, web ceinws seta W mom roGanPoMeellwl lwv &lnoul W rvon m, evAtlenl aElBry ta,reel lM1eV oroona odlaaran to werM1O�Serx j;;W Best's Company Re Ron- inclutles Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detail key financial data. Report Revision Date: 07/1812007 (represents the latest sign cant change). Historical Reports are available in Best's Company Report Archive. 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: 2007 Best's Statement File - PIC, US. Contains data compiled as of 1 211 6/20 0 7 (Quality Cross Checked). a $imgle Company- five years offinancial data specifically on this company. a Comparison side -by -side financial analysis of this company with a peer group of up to five other companies you select P Composlte - evaluate this company's financials against a peer group composde. Report displays both the average and total composite group. t� AMB Credit Report - Business Professional- provides three years of key financial data presented with colorful charts and tables. Each re latest Best's Ratings, Rating Rationale and an excerpt from our Business Review commentary. �- Data Status: Contains data compiled as of 12119/2007 (Quality Cross Checked). 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BI= 0&AMBNum= 12227 &AItS rc... 12/20/2007 0 -• CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TENNIS COURT FENCE REPLACEMENT (WEST NEWPORT PARK) CONTRACT NO. 3947 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 k %of Number Total Bid Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: Name: Address: Pho ate License Number: 2 Bidder Authorized Signatureffitle 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TENNIS COURT FENCE REPLACEMENT (WEST NEWPORT PARK) CONTRACT NO. 3947 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name Harris Steel Fence Co Inc FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number Santa Barbara Airport Project Description Install Black Vinyl Chain link fence & Security gates Approximate Construction Dates: From 10/10/06 To: 11/14/06 Agency Name City of Santa Barbara Contact Person Lief Reynolds Telephone 005 564 -5349 Original Contract Amount $j-4k .99final Contract Amount $140.998.00 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. - 7 No. 2 Project Name /Number renne Repair nrniPrt for Pyrc a sharpline Park Project Description Replacement of post and rail, repairs. Approximate Construction Dates: From 9 /07 /06 To: 1/16/07 Agency Name City of Rancho Palos Verdes Contact Person Alan Braatvedt Telephone (31 k 329 -0102 Original Contract Amount $129 , 50��al Contract Amount $ 129, 505.00 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name /Number r)WP -Acrnf Rpgervi nr Project_ Description Chain link Ronda and Security gates Approximate Construction Dates: From 1 o /n6 /ns To: S /4 /n6 Agency Name HPD Inc Contact Person Ray Norman Telephone (95) -520 -4245 Original Contract Amount $1 34 , 230Fjnal Contract Amount $ 9,64, e 1 e _ o n If final amount is different from original, please explain (change orders, extra work, etc.) 12 change orders 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 No. 4 Project Name /Number West-lake Hills Elementary gchnnl Cba 9 n l + nk Security Fencing Project Description Gr n Vinyl r•ha i n link fence and ciat:ns Approximate Construction Dates: From 4/16/o7 To: S /R /n7 Agency Name Contact Person Tnny jnpsnh Telephone$05) 497 -9511 x486 Original Contract Amount $53 , o00 _Final Contract Amount $ 571379-56 If final amount is different from original, please explain (change orders, extra work, etc.) Change Order Credit 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 whit eartpr Park North Der; metey WAI i & Fencing Project Description Install Block wall and Ornamental Iron Fence & gates. Approximate Construction Dates: From 6 /76/117 To:7_11 7/Q7 Agency Name City of Lancaster Contact Person Andy Ti nm7.nn Telephone (66 j - 945_686,41 Original Contract AmountQ, 998_�i�al Contract Amount $ as _ 1 41 _7n If final amount is different from original, please explain (change orders, extra work, etc.) rh n 0 d 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 0 ,► . a • Project Name /Number Chancellor's s Resi dence Project Description Ornamental Iron Fence Approximate Construction Dates: From g /28/07 To: 11 /09/07 Agency Name T7Ora Facilities Mgmt _ Contact Person James Mprtps Telephone b1 O)- g25_c)114 Original Contract Amount $37, 200 Final Contract Amount $ 37, 200.00 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. Bidder 10 rn, Authorized Signature/Title 8728 S. SAN PEDRO LOS ANGELES CA 90003 -339 0 HARRIS STEEL FENCE CO. , INC. TELEPHONE 323- 751 -4104 FAX 323 - 751- 8812 Project: Tennis Court Fence Replacement (West Newport Park) Resume: Project Manager Darnel Blanciak 3 Years installing all types of fence, chain link, ornamental iron, wood, gates, gate operators, gate tracks barbed wire and razor ribbon. 5 years estimating and running projects all aspects of fence work chain link, ornamental iron, gates operators, gate tracks, concrete, wood, wind screen for commercial, industrial and super max security fence projects. Daniel Blanci arris Steel Fence Co. 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TENNIS COURT FENCE REPLACEMENT (WEST NEWPORT PARK) CONTRACT NO. 3947 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of Los AngE)les Dani pl R1 anni nk , being first duly sworn, deposes and says that he or she is V. P. Of Har i c qt-PP-1 FPnrp rorndhe party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Harris Steel Fence Co Inc Bidder uthorized Stgnature/Title Subscribed and sworn to (or affirmed) before me on this I r day of �iY , 2007 by .Daaai ': L(& lcta L , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. 1�1nNBMMCpMt ,m,,,.,..� § tary Public a w01.rwe�a•aw=* i j) tosuu�tEaaouem { my co"TT�77. 21110 [SEAL] 11 My Commission Expires; Qct, Z71 ?011,0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TENNIS COURT FENCE REPLACEMENT (WEST NEWPORT PARK) CONTRACT NO. 3947 DESIGNATION OF SURETIES Bidders name_ Harris steel Fence Co Inc Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): Insurance: Venture Pacific Insurance Services Inc 949 -297 4900 26487 Rancho Parkway South Lake Forest, CA 92630 Bond: .. 155 Rochester St Costa Mesa CA 92627 12 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TENNIS COURT FENCE REPLACEMENT (WEST NEWPORT PARK) CONTRACT NO. 3947 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name Harris Steel Fence Co Inc Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Yearof for for for for for Record 2006 2005 2004 2003 2002 Total 2007 No. of contracts Total dollar Amount of Contracts (in Thousands of $) 2,487 1,850 1 409 1 224 1 276 1.0811 9,327 No. of fatalities 0 0 0 No. of lost Workday Cases 1 1 2 No. of lost workday cases involving 0 0 1 0 1 0 2 permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Legal Business Name of Bidder Harris Steel Fence Cc Inc Business Address: 8728 S San Pedro ST :Los Angeles Ca 90003 Business Tel. No.: 323 -751 -4104 State Contractor's License No. and 31 91 55 Classification: Title The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date /2 •ig 0 7 Title v _ P _ Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in. the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of co'(ror+li o' ) County of Lm, Arz, tes ) On 01P Dactw,bw11to7before me, and titlpof the personally appeared binhe l 3 (0Lnc-ta k personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public �"1: Rlr1t!TR E� T ♦f _ 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) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other (Seal) INSTRUCTIONS FOR COMPLETING THIS FORM Anr acknowledgment completed in California must contain verbiage exactly as appears above in the notan .section or a separate ackno viedgment,form must be properly completed and attached to that document. The only exception is if a document is to he recorded outside of California. bm such instances, any ahernathe acAmniledgmem verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notarw in California (i.e. eertifung the authorized capaciry of the signer). Please check the document carefidh. for prayer notarial wording and attach this form if required. • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the names) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms f.e. he/she /they- is rere) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. -e 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 (APA r I230115 , h, A,, cinmt, nF[Wfcs,mn iNmaries &CSA MN 973 4865 xx x.nnurvdastts.mm •- • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TENNIS COURT FENCE REPLACEMENT (WEST NEWPORT PARK) CONTRACT NO. 3947 ACKNOWLEDGEMENT OF ADDENDA Bidders name Harris Steel Fence Co Inc The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: nature -15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TENNIS COURT FENCE REPLACEMENT (WEST NEWPORT PARK) CONTRACT NO. 3947 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: Harris Steel Fence Co Inc Business Address: 8728 S San Pedro ST Los Angeles CA 90003 Telephone and Fax Number: 323- 751 -41 o4 323-751-8812 FAX California State Contractor's License No. and Class: 319155 C -13 (REQUIRED AT TIME OF AWARD) Original Date Issued: 5 i1 a 176 Expiration Date: 3/31 /08 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: Daniel Blanciak V.P. The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone William A Blanciak Pres. 8728 S San Padrn AT T. A cmoo3 323 -751 -4104 Daniel Blanciak V.P. 8728 S SAn Pedro ST L.A. 90003 323 - 751 -4104 Corporation organized under the laws of the State of - california 16 0 0 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: None All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: Harris Steel Fence Co Tnr 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; Ik) reM Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for I o compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.) ?Yes No Are any claims or actions unresolved or outstanding? Yes /®o 17 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. Harris Steel Fence Co Inc Bidder William A Blanciak� Pr (Print name of Owner or President G orporation Company) of Signature/Title V. P. Title Date 0'7 Subscribed and sworn to (or affirmed) before me on this �k day of DeOWK,60— .2007 by (106rciat , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. KEVIN BLANCIAK COMMISSION t 170128E 0 i Nowy CWbmls 0 LOEANOELEB COIlN7'r ' my Came ewe Oct xr, zo+0 [SEAL] m J 5/ ary Public My Commission Expires: Oct-0 2-7i 200 -i 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TENNIS COURT FENCE REPLACEMENT (WEST NEWPORT PARK) CONTRACT NO. 3947 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. 19 • - i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TENNIS COURT FENCE REPLACEMENT (WEST NEWPORT PARK) CONTRACT NO. 3947 CONTRACT THIS AGREEMENT, entered into this 1 day ofU'W. , 2008, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and HARRIS STEEL FENCE CO., INC., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: TENNIS COURT FENCE REPLACEMENT (WEST NEWPORT PARK) Contract No. 3947 Project Description, "The work necessary for the completion of this contract consists of removing and disposing existing chain link fencing, and wind screens, in the park and replacing with new fencing top and mid bars, paint posts with aluminum paint and install new windscreen. Work to be phased so that one tennis court is open for public play at all times." WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3947, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 20 0 0 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Sixty-Five Thousand, Two Hundred Twenty-Five and 941100 Dollars ($65,225.94). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Patrick Arciniega (949) 644 -3347 (949) 644 -3318 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: CONTRACTOR Harris Steel Fence Co., Inc. 8728 S. San Pedro Street Los Angeles, CA 90003 323 - 751 -4104 323 - 751 -8812 Fax Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 22 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract 23 amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the 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. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 E 0 K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. APPR VED AS TO FORM: p� C AARON C. HARP Assistant City Attorney 25 HARRIS STEEL FENCE CO., INC. (Cor e Officer) Title: V.P. Print Name: Daniel Blanciak (Financial Officer) Title: President Print Name: William Blanciak CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TENNIS COURT FENCE REPLACEMENT (WEST NEWPORT PARK) CONTRACT NO. 3947 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 1,631.00 being at the rate of $ 25.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to HARRIS STEEL FENCE CO., INC., hereinafter designated as the "Principal ", a contract for construction of TENNIS COURT REPLACEMENTS (WEST NEWPORT PARK), Contract No. 3947 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3947 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and SureTec Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Sixty-Five Thousand, Two Hundred Twenty-Five and 941100 Dollars ($65,225.94) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 28 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys.fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 15th day of January , 2004. HARRIS STEEL FENCE CO., INC. (Principal) Authorized Sig ature/Title SureTec Insurance Company Name of Surety 3033 5th Avenue, Suite 300 San Diego, CA 92103 Address of Surety (800) 288 -0351 Telephone AuthAgentSign re Andrew Sysyn, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED F: \UsersTBw\Shared \Contracts \FY 07-08 \Tennis Court Fencing Replacement C- 3947\CONTRACT C- 3947.doc 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange 0 On January 15, 2008 beforeme, Andrew J. Sysyn, Notary Public DM Name and Tllle 0 Omcer le.g..'Jme Dw No" PuNlc t personally appeared William A. Blanciak Name(s) of Signer(s) ANDREW I TISYN Commission # 1624378 Notary Public - California Orange County My Comm. Expires Nov 24, 2009 $$personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person( whose name(4 isWe subscribed to the within instrument and acknowledged to me that he /ft executed the same in his/Fi3t authorized capacityPL), and that by his/Q[&RfW signature(:$ on the instrument the persorl or the entity upon behalf of which the person0j): acted, executed the instrument. WITNESS my hand and official seal. Sign w.IN Fymq 9 Ila OPTIONAL Through the informatlon below is not required bylaw, it may prove vatuawo to persons retying on the document and could prevent fraudulent removal and reattachment or this form to another document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Number of Pages: ❑ Individual Top of thumb here ❑ Corporate Officer — Ttle(s): ❑ Partner —❑ Limited ❑ General 0 Attorney -in -Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: O 1999 Nmional Natar A wation -9360 0¢ SOW A".. P.O. DM 2402 • Ctml, ft, CA 91313.2402 -w Netl Natvyom P . No. 9907 Peo : CWl Toll,Fme 1d 816 827 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California 0 } as. County of Orange J On 1/1512008 , before me, R. Mendoza, Notary Public Dale Name and T418 of Wcer (e.g., 'Jam Doe, Notary Public ") personally appeared Andrew Sysyn Name(s) of Signer(s) a_ ammxuuuuxumlunuuuumuuuuuummunuuxnnnlmmnnnl� Pa R. MENDOZA_ XP Commisslon # 1621385 Notary Pudic - Colifomlo e Oronge County MY Comm, Ezptres Nov 14, 2009 a- 111111111IIIIIIililil IIIIIIIillllllllllllllll01111111INillIIIIIIIIIIIIIIIIIIIIIIIIIi3 Place Nolary Seal Above 4N personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personM whose name(@) is/f3iW subscribed to the within instrument and acknowledged to me that helliftAW executed the same in his /beriftak authorized capacity#as), and that by hisAMINVAK signature(s) on the instrument the persorco. or the entity upon behalf of which the person(g) acted, executed the instrument. J7 �1 WITNESS mV hand and offiAl seal. Signature of Not2rv.Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this torm to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb hem ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 NAlionel Notary AeaxiaUOn • 9350 Da Sob Ave., P.O. Box 2402 • Cb.t Hth, CA 91313-2402 • www.nationalndarymg Pmd M. 14W Reorder UP TdFFrse 1E00 8766827 510001 SureTec Insurance Company LIMITED POWER OF ATTORNEY Gnaw All Mat by Tbeae Presm a; That SURETEC iNSURANCE COMPANY (the -Co"y"), a corporation duly organized and existing under the laws .o£ the State of Texas, and having its principal oftidti in Houston Harris County, Texas, does by these presents make, constitute and appoint Raylene Mendoza, Andrew Sysyn of Costa Mesa, CA its true and lawful Auorey(s) -in -fact, with full power and authority hereby conferred in its barbs, place and stead, to execute, acknowledge and deliver any and all bonds„ mogaizantes, undertakings or .other instrtatents or contracts of suretyship to include- waivers to the conditions of counsels and consents of sorely; providing -die bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby its fully and to the same extent as if such bonds were signed by tire: President, sealed with-the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment shall continue in force until 10151 /oa and is made under and by authority of the IbRowing resolutions ofthe Board of Directors ofthe SureTec insurance Company: Be it Resolver; that the President,'any Vico-President, soy Assistant Vice- Presidem, any Secrebuy.or wny Assi�t.Secretaryshell be and is heeby vested with full power and authority to appointaly one or mom suitable persons as AttbRmey(s}hr =Feat to represent and act for and on behalf of the Company subject to the following provisions: .AU&r?Wyxin -Fact uay be given full power and authority iii sold in the Dame of and of bdteif of tiro company, to. execute, acknowledge and deliver, any and all . bonds, reeogniaances, coam ers, agreements or indemnity and other conditional at obligatory'tntdertakings and say and all notices and,docoments canceling or tuminating the Company's liability taermader; and any such insbuments so executed by any such Attorney -ia -Fact shall be binding upon the Company as if signet by the Prtsfilentamfaealed and effected ;by the Carport" Secretary- Boil Resolved. thatthe signature of any authorized otlmecr.and seal of thwCompany beretufara oiberea/ter affixed to any power of aitomey or any outilicate relating thereto .by faoshnile. and any power ofattamey of calificate bearing'4osimite signattife'or facsimile sed shall be valid and.binding upon the Company with respect to any bond or undortakhmg to which it is stbiobad (Adeplarlvrt a'meethig Ireful on 2& ojApYI4 199Q.) In Wihuz Whereof, SURETEC INSURANCE COMPANY has caused dense presents to be signed by its President, and its corporate seal to be harem affixed this 2001 day of June, A.D. 2005. TEC iStTRAIYCECOMPANY Vex' /�'V�� mj?/ B.J t State of Texas. ss: �. ,I t County of Harris x On this 20th day of Juno, A.D. 2005 befote me personalty carne B.J. King, to me known, wbo, being by use duly sworn, dill depose and say, that he resides in Houston, Texas, that ho Is President of 5URBTEC INSURANCE COWANY, the company described in and which executed the above fiWmmert; that he knows the seal of said Company; that the seal affixed to said inshvment'is such corporate seal; that it was so aftixtd by order of the Board of Di actors ofsaid.Company; and that he signed his.name themes by like order. MiCha19 Dtbltly NcksyPuA6D . • • t11f�Otli3»i IIN 13gi6et Michelle Dually, Notary lie AggllSi' 27, 208 My'cammisaitm expires August •27, 2008 k M. Bmat Beaty Assistant Secretary of SURET'EC INSURANCECOMP.ANY, do. bamby certify that the above and foregoing is awe and correct copy of a Power of Attorney, executed by said Compauy, which is still in fldl force turd a and`&inLennore, the tesolutiowofCc Board of Directors, set out in the Power of Attorney are In`fu11 force and dAtt.. Given under my hand and the seat ofsaid Company at Houston, Texas this % ,�-rk day 20_ oA.D. Brent Realy, Assistant se terry Farymre�riliccation the authority of tlus powrryou may 7 1 3) 8 1 211 -ONG cry bt iiinewday butvremsn.8:00 am wid smo pm csT. Vold and wittlault any vatititty. 0 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TENNIS COURT FENCE REPLACEMENT (WEST NEWPORT PARK) CONTRACT NO. 3947 BOND NO. 4362360 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to HARRIS STEEL FENCE CO., INC., hereinafter designated as the "Principal," a contract for construction of TENNIS COURT REPLACEMENTS (WEST NEWPORT PARK), Contract No. 3947 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3947 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, SureTec Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety') are held firmly bound unto the City of Newport Beach, in the sum of Sixty -Five Thousand, Two Hundred Twenty -Five and 941100 Dollars ($65,225.94) 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 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. 26 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 California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 15th day of January 200%. 9 HARRIS STEEL FENCE CO., INC. (Principal) Authorized Signaturerritle SureTec Insurance Company Name of Surety 3033 5th Avenue, Suite 300 San Diego, CA 92103 Address of Surety (800) 288 -0351 Telephone Authoriz d Agent Sig ture Andrew Sysyn, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 E CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange 0 On January 15, 2008 before me, Andrew J. Sysyn, Notary Public Date Nama and Tina d Olikar (eg.. 'Jere Doe, Notary PuNle) personally appeared William A. Blanciak Names) d Sigrer(e) ANDREW J. sYSYN Commission # 1624878 -m Notary Public -California Orange County fvlyCOmm. Expires Nov 24, 2009 X11personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person0p whose name(4 isWe subscribed to the within instrument and acknowledged to me that he/ executed the same in his/ authorized capacity(E), and that by his/Ndt)( iN signature(dif on the instrument the personN, or the entity upon behalf of which the person. acted, executed the instrument. WITNESS my hand and official seal. agnaltoo Notary lie OPTIONAL Though the Info leralf n below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another documant. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 I Nafforod Natm A dalion -MM De Sdo Av .. P.O. Box 2402 • Cha�. CA 91319.2492 • w NahoialNotarborg Rod. No. SW Rom1w: Coo Td4R991.800 1-80W "W? r CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange 9 On 1115/2008 —,before me, R. Mendoza, Notary Public Date Name and Title of officer (e.g., 'Jam Doe, Notary Public') personally appeared Andrew Sysyn Names) of Signer(s) �nxtxnxnxxxnnnuutluwnmtnmm�xxnntnnnttmllnxnmmin� € R. MENDOZA Commission * 1621385 z Notary Public - California £ Orange County Comm. Ex res Nov 14, 2009= munuunuuunu duunwnnuunun nlnuutnuuuutnunnumnmxt Race Notary Seal Above XN personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personM whose name(@) ism subscribed to the within instrument and acknowledged to me that he1j4o&W executed the same in his /hed4tosir authorized capacity(dea), and that by his/W&WIMR signature(s) on the instrument the persort(ssr), or the entity upon behalf of which the person(a) acted, executed the instrument. WITNESS my�iayd and offici seal. Signature of NotatytDtiblic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here • Corporate Officer— Title(s): • Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 Natb,ul Notary Association • 9360 De Sato Ave., P.O. Sox 2402 • CYiateaodh. CA 91313@402 • m nudonalnWary.oy P. No, 5907 Reorder. Call Toll -Free 1-800.876.6827 PDAitc 51000 -1- -- SureTec Insurance Company LIMITED POWER OF ATTORNEY Know AU Men by nese Presm a, That SURETEC INSURANCE COMPANY (the "Company'), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Raylene Mendoza, Andrew Sysyn of Costa Mesa, CA Its true and lawful Attorneys) -in -fact, with fidl power and authority booby conferred in its name, piece and. stead, to execute, acknowledge and deliver my and all bonds, recnpizances; undertakings or other IrMurnents or .cormaas of suretyship to include waivers to the conditions of cormacts end. consents of surety; providing the band penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as frilly and to the some extent as if such bonds were signed by the, President, sealed with the corporate seal of the Company and duly attested by its Secretary, berebyratifying and confirming all that the said Attomey(s}in -Fact may do in the premises. Said appointment shall continue in force until 10)31/08 and is made under and. by, authority of the following resolutions of the Board of Directors ofthe SureTec Insurance Company: Be it Resolved that the President, any Vice president, any Assistant Vice - President, any Sopietary or any Assistant. Secretary shall be and is hereby vested with full power and authority to appoird ally on ormore saitahle persons as Attorney(s)-in -Fend to repieseat and act for and on behatf.ofthe Company subject to the following provisions: Attorffq-hi -Foot may be giver. full power and suthorhy for and in the name of and of behalf of the CompaaY, to. execute, acknowledge and deliver, any and all bond; rowgrosances, comonis, agreementa or indemnity and otter coaddodal. or obligabryundertakings and any and all notices and documents to nceling or twinin ift the Company's liability thereunder; and airy. sash Instruments s9" executed by any such Auoruey -in -Fact shall be binding upon the Company as if signed by *a Preafdont and sWed and¢ftcled =bytho Carpmate Secretary. Be.tt Resolved that The signatumof'any anthorivod officer sad goal ofthe Company, ticreWote or7:ateettgt affixed to any poymr of attorney or OW certificate rotating thereto by facsiro k; and any power dfattomey or certificate bearing kgsimlle signature "or facsimile seat "I be valid aud:binding upon the Company with respect to any Fond or undertddng to wbith it Is anached..(Adopted at a nneetbig Bald on 2e of April, t 999.) In RUsew Whereof, SURETEC INSURANCE COMPANY has caused these presents to be Signed by its President, and its corporate seal to be hereto affixed this 20th day oflune, A.D. 2005. TEC URANCE COMPANY I Ir t State of Texas. County of Harris �..... -. On this 20th day of June, A.D. 2005 before me personally camp BJ: King, to me 'koowo, .who, beeing by -me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY. Ere company described In and which executed the above Instrument that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that It was so affixed by order of the Board of Directors of said Company; and that he signed his name thereof by like order_ Mgq��jD�� jnl �. � ,WM F "•vMY,"IlGomm1101 00 bltehelleDanny,Notary . rte giJ :27, 2048 My commipion.eicpibes August 27, 2009 I, M BrentBeary, Assistant .Sccrotary of SURE C NSURAN(MCOMBANY, do:hereby cenify that dteaixive andforegoiog is a true and correct copy of a Power of Attorney; executed by sold Company, which is still in full .force Pied a and ;ggecmWM the resolutions of the Board. of Diroctom set out is the Power of Attorney are in IWI foft and c0cot. Given under my hand and the seal of-said Company at Houston, Texas this _LS Y' =,20 C1f3y AB. e to Any Instrument Meued in excess of the penalty stated atiove is totally void and without aryvalidity- For verification of the ea drority of this power you may call (713) 81 a-o= any bustria" day:betweenikoo am and 6:90 pm CST. ACORD„ CERTIFICA F LIABILITY INSURA E °A O1 /1B /08 /18/08NYYY) PRODUCER LIC RDD30299 1 -949- 297 -4900 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Venture Pacific Insurance services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE POUCYEXPIRATION DATE (MMIDDIM HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26487 Rancho Parkway South - ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE. NAIC# Lake Forest, CA 92630 James Barton INSURED Barrie Steel Pence INSURERA: Peerless Ins CO 24198 INSURERB:Dalos Insurance Company 500,000 Bill Blanciak INSURER C: PERSONAL &ADV INJURY 8728 S San Pedro INSURERD: Los Angeles, CA 90003 INSURERE: GENIAGOREGATE X POLICY LIMITAPPLIES PER: 0 PRO- LOC COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDI hm INSURANCE POLICYNUMBER POLICYEFFECTIVE POUCYEXPIRATION DATE (MMIDDIM LIMITS A GENERAL LIABILITY X COMMERCIAL GENERA LIABILITY CLAIMS MADE OOCCUR CBP8157227 06/01/07 06101108 EACH OCCURRENCE $1,000,000 PREMISES Eocclrenrgj$ 500,000 MEDEXPAnyonepelson) $10,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $2,000,000 GENIAGOREGATE X POLICY LIMITAPPLIES PER: 0 PRO- LOC PRODUCTS - COMP /OPAGG $2,000,000 A AUTOMOBILE LIABILITY ANY AUTO ALL OWNEDAUTOS SCHEDULEDAUTOS HIRED AUTOS NON - OWNEDAUTOS CBP8157227 06/01/07 06/01/08 COMBINED SINGLE LIMIT (FA acdtlanq $1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (PeraGent) W $ PROPERTY DAMAGE (Perawdent) $ nAGE LIABILITY ANY AUTO AUTOONLY- EAACCIDENT $ OTHERTHAN EAACC AUTOONLY: AGO $ S EXCESSIUMERELLA LIABILITY OCCUR F-1 CLAIMS MADE DEDUCTIBLE RETENTION $ EACHOCCURRENCE $ AGGREGATE $ E $ $ B WORKERS COMPENSATION AND EMPLOYERVIJASIUTY ANY PROPRIETORIPARTHERIEXECUTIVE OFFICERIMEMBER EXCLUDED? Ifyyes, descibeunder SPECIAL PROVISIONS below 01DKRM12000705 07/29/07 07/29/08 X I WC &TAT,- 1 12-1 E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE• POUCY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS *10 day notice for non payment of premium* Additional Insured per form attached applies to: City, it's officers, agents officals, employees and volunteers. * RR: Tennis Court Fencing Replacement - West Newport Contract# 3947 of Newport Beach Public Works Dept 3300 Newport Blvd. Beach, CA 92663 USA 25 (2001108) bmartine$ 8017115 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL dWAX1IdW45MUUL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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. GOLDEN WE GOLD ENDORSEMENT - FORM W0602 ADDITIONAL INSURED AND WAIVER OF SUBROGATION A. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT Paragraph 2. under SECTION 11- WHO IS AN INSURED is amended to include as an insured any person or organization when you and such person or organization have agreed in writing in a contract, agreement or permit that such person or organization be added as an additional insured on your policy to provide insurance such as is afforded under this Coverage Part. Such person or organization is not entitled to any notices that we are required to send to the Named Insured and is an additional insured only with respect to liability arising out of: a. Your ongoing operations performed for that person or organization; or b. Premises or facilities owned or used by you. With respect to provision 1.a. above, a person's or organization's status as an insured under this endorsement ends when your operations for that person or organization are completed. With respect to provision 1.b. above, a person's or organization's status as an Insured under this endorsement ends when their contract or agreement with you for such premises or facilities ends. 2. This endorsement provision A. does not apply: a. Unless the written contract or agreement has been executed, or permit has been issued, prior to the "bodily injury", "property damage" or "personal and advertising Injury"; b. To "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, in the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) 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 subcontractor engaged in performing operations for a principal as a part of the same project; c. To the rendering of or failure to render any professional services including, but not limited to, any professional architectural, engineering or surveying services such as: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; d. To "bodily injury", "property damage" or "personal and advertising injury" arising out of any act, error or omission that results from the additional insured(s sole negligence or wrongdoing; e. To any person or organization included as an insured under provision B. of this endorsement; f. To any person or organization included as an insured by a separate additional insured endorsement issued by us and made a part of this policy. Transfer of Rights Of Recovery Against Others To Us a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. b. If required by a written "Insured contract", we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under that written "insured contract" for that person or organization and Included in the "products- completed operations hazard Policy Number: CBP8157227 Coverage Is Provided In PEERLESS INSURANCE COMPANY - A STOCK COMPANY Named Insured: Harris Steel Fence Co. Agent: UNITED AGENCIES INC Agent Code: 4295289 Agent Phone: (626) - 792 -1176 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Section 11 — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products- completed operations hazard ". SCHEDULE Name of Person or Organization: City of Newport Beach Public Works Department 3300 Newport Blvd. Newport Beach, CA 92663 Location And Description of Completed Operations: Tennis Court Fencing Replacement West Newport - Contract# 3947 Additional Premium: $100 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) CG 20 37 (10 /011) ® ISO Properties, Inc., 2000 AGENT COPY rou"tim a part ar is A& Policy Number: CBP8157227 Coverage Is Provided In PEERLESS INSURANCE COMPANY - A STOCK COMPANY Named Insured: Agent: UNITED AGENCIES INC Harris Steel Fence Co. Agent Code: 4295289 Agent Phone: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE ENDORSEMENT This endorsement modifies the following policy coverage forms: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE FORM Endorsement Effective: (At 12:01 A.M. Standard Time) The insurance provided by this policy for the benefit of the Additional Insured shown In the Schedule shall be primary insurance as specifically described in: COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 0001 Section IV Commercial General Liability Conditions; 4. Other Insurance a. Primary Insurance SCHEDULE Name of Person or Organization: City of Newport Beach Public Works Department 3300 Newport Blvd. Newport Beach, CA 92663 Name of Person or Organization: GECG 827A (11/97) WORKERS COMPENSATION AIWMPLOYERS LIABILITY INSURANCE IWICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover from our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. Person or Organization Blanket Waiver Minimum Premium $500 SCHEDULE Job Description All California Operations 2% of the total classification This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below Is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 9/6/07 Policy No. OIDKRMl- 2000 -705 Endorsement No.1 Insured Harris Steel Fence Co (A Corporation) Insurance Company: Delos Insurance Company - 35408 Countersigned By: 01998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual @2001. 9812007 cca Fax #: • CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 1 -22 -08 Date Completed: 1 -23 -08 Dept./Contact Received From: Shauna Oyler Sent to: Shauna Oyler By: Company /Person required to have certificate: Rhonda Hernandez Harris Steel Fence GENERAL LIABILITY A. INSURANCE COMPANY: Peerless Insurance Co. 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? 2mil agg/I mil occ E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. CAUTIONI (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence' wording? ❑ Yes ® No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Peerless Insurance 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 min. BI & PD and $500,000 UM): What is limits provided? 1 mil E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? NIA ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 0 0 III. WORKERS' COMPENSATION A. INSURANCE COMPANY: Delos Insurance B. AM BEST RATING (A: VII or greater): A-1 C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No IF NO, WHICH ITEMS NEED TO BE COMPLETED? Check A License: Contracto�License Detail • Page 1 of 2 4 /+� Skip to:: CSLB Home i Content I Footer I Accessibility arc �' CONTRACTORS 1 t i ' , e*#G STATE LICENSE BOARD ��t� � P. I F `+ 1J 4kC� i;ti# 1b1eMe�ti' a4t . `iµ ICI t ICI I I (ICI I I f CSLB Newsroom Board and Committee DISCLAIMER: A license status check provides information taken from the Meetings CSLB license database. Before relying on this information, you should be awa Disaster information the following limitations. Center CSLB Library Frequently Asked Questions Online Services • Check A License or HIS Registration • Flling a Construction Complaint • Processing Times • Check Application Status • Search for a Surety Bond Insurance Company • Search for a Workers' Compensation Company How to Participate • CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject to pt complaint disclosure, a link for complaint disclosure will appear below. Click on the link a to obtain complaint and /or legal action information. • Per B &P, 7071.17, only construction related civil judgments reported to the CSLB are dis • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitr • Due to workload, there may be relevant information that has not yet been entered onto tl Board's license database. License Number: Business Information: ......... _........... Entity: Issue Date: Expire Date: License Status: Classifications Bonding: 319155 HARRIS STEEL FENCE CO 8728 S SAN PEDRO ST LOS ANGELES, CA 90003 Business Phone Number: (323) 751 -4104 Corporation 05/14/1976 03/31/2008 Extract Date: 12/20/2! This license is current and active. All Information below should b reviewed. CLASS DESCRIPTION C13 FENCING CONTRACTOR'S BOND This license filed Contractor's Bond number 901324 in the amount $12,500 with the bonding company SURETY COMPANY OF THE PACIFIC. Effective Date: 01/01/2007 Contractors Bonding History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) WILLIAM ARTHUI BLANCIAK certified that he /she owns 10 percent or more of b voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 07/22/1980 http: / /www2. csl b.ca.gov /Genera I- Information /interactive- tools /check -a- license /Li... 12/20/2007 Check A License: Contracto ' License Detail • Page 2 of 2 Workers' Compensation: This license has workers compensation insurance with the DELOS INSURANCE COMPANY Policy Number: 01 DKRM12000705 Effective Date: 07/29/2007 Expire Date: 07/29/2008 Workers Compensation History Consumers I Contractors i Applicants I Journeymen i Public Works i Building Officials I General Info CSLB Home I Conditions of Use i Privacy i Contact CSLB Copyright @) 2007 State of California http: / /www2. cslb. ca.gov /G enera I -I nformation /i nteractive- tools /check -a- license /Li... 12/20/2007 Encompass Detail Acct. Type: Business Tax License #: BT30005581 Bus. ID: 0033043 Na6e: HARRIS STEEL FENCE CO INC Owner Name: BLANCIAK, WILLIAM A Owner C Type: Exp. Date: 11/30/20 S Addy: 28 AO S Addy 2: Addr3: LOS ANGELES CA Zip: 90003 B Addri: 8728 S SAN PEDRO ST B Addr2: B Addr3: LOS ANGELES, CA B Zip: 90003 Phone: (323)751 -4104 FEIN: 952901491 SEIN: 0719339 Established: 11114/2003 SIC: 1799 -MISC SPECIAL TRADE CONTRACTORS Owner #: 13645 # of Emps: 0 usr1:177049 usr2: usr3: usr4: usr5: usr6: usr7: C :�> Nip if Uiz1ENT NE SS Li c�nts� thbox ®Microsoft:.. 10 2Ittte... -•. `" a HARRIS STEEL FENCE CO INC ACCC;;�— ti.;MBER: BT30021739 8728 S SAN PEDRO ST X?-RA._ rJN DATE: 01/31/2008 LOS ANGELES, CA 90003 A KU -'D, 7:re`.cors fv':ie C4V v' Nswpol Seadr, anc "an'; }roc `o,, : _s:rsss gar. a - .- -`is ausi^ess fax certificate is evidence that the ^amsd business " ^as laid stay to conduct the busn9ss ac5vf'y des'-_ -a'9c. "'te C' v` Nsv;,o. 3each: � ^tli the expiration date shown. =:ease rof :9v" ., sve"oe 3 rsiC' immediate :v i' ary of She _^-atiJ- c Timis cs" "cafe +s pat +d c ^w a' -;,e address md.catec a,d must :e c sJ aged a Ja-sJ'cavcs Icca`on. :f your business is not conducted at a Je. "naneri .OG c "'fCr'c`ca' CCde rel7U " °5'ia ' . a ^y rep ^cccr "a: vonh _ _ _'•sac`. 'at- '.ni'!^I^ e c ✓. tea': }• this certificate. n :s bLs'Cess ` Ou e Goes -et a7`h -_ -<e . -amec 'c_ - cr_ --^j -c' v "'es - _-_u's'ed by tie C:qf of Newport Beach or other aG ^GieE. (- `.p`hp <a _ "SuCh aC . . °: - 'US`'. .e `7c'� c ., ' : "0: ^....,..,, _ o`O' :J ay^Jiicat'CC fe- business tax. Certificates a-e ncf " a"•s`s ab e'c ^a^ r v" -r Ja-y or vs-sor and are 7ct o-o_ --s� = 9`' ^mss ac_ ., _-o�•idad orce is certificate has been issued. i�a' dais, C'anges In type of ownership ..-cc a s 9 JroJ'ie`�"r..ic 'o a Ja're's > :: �C). ^at.-e -9ss. _ _ e -s` :o = - .,}ccr-ert cer..s` ;ca *.e and require filing of and ., ae - _ , a. new aoc'ca .. A :di'ivra: -e,'i es a-9 ec ed J add'. -_. a -c_ss ac-, :�; are; it ;-'ed at the same address, or 8dd- 'o ^a..^Ja'i_ ^$ o o ea-eo b'15i^.e55 2ro oc+aJ IS. , r.' - _a- .._.;c cod' ^"c F.OG G:vRt - vc� vv-"sre-cs ;;s - ever:e �.rvson wilt rrai a cac'ssv - e- ;, ^•zi -c -s. _ . :'-? r dat9_ to i~e billing address of record. c sca.-: c`' c rot a; eviate'`e rec- c ere:-_ 9s z _ a's -e-swa' a; a ra'e of 25% per month to a ^urr c" `0,,% o.. 9 base —he Reverie :w's'cr ;s a.'' "a!'abic ;o answ•e" a ^v ques'ions re^yarc ::;s'-sss'a. 'and -9aa :- s ^erts. Cal; (949) 644 -3141; e -mail us at: Rew_nae'�?eb�c, c:v : °9•n moo' beac'�.^,a.us. cr visit cs o- t�9 `r'e —e' .�. -'V';'c';''-c ^ �ez-`.:.z.:;s and vie A,,E? Municipal Code on -line. i[SP? A C * S?T�F 4? y A.' . 3 ^ "� S5 .-'it vv ,Cj±. xSSUED y 01/31/2008 ACCOyj -NTN JM3E]NA $ O�✓NwRix :TCTPAL 5 7 07'�� A.DD;`�. SS: .. . ' HARRIS STEEL FENCE CO INC BLANCIAR, WILL 8728 S SAN PEDRO ST t LOS ANGELES CA 90003 CORPORATION -AX 1 � is uS PAly MISC SPECIAL TRADE CONTRACTOR_ - 0.00 ES .�.._..RS 7 Zt7W -: NO SELLERS pTiN.. DATA: California Business-Search 0 • Page 1 of 1 tict'I'('Gu'% ill SIMV DEHR:1 BOWEN DISCLAIMER: The information displayed here is current as of DEC 14, 2007 and is updated weekly. It is not a complete or certified record of the Corporation. Corporation HARRIS STEEL FENCE CO. Number: C0719339 Date Filed: 7/29/1974 Status: active Jurisdiction: California Address 8728 SOUTH SAN PEDRO STREET LOS ANGELES, CA 90003 Agent for Service of Process WILLIAM A BLANCIAK 8728 SOUTH SAN PEDRO STREET LOS ANGELES, CA 90003 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 /ShowAl I List ?QueryCorpN umber- CO719339 &pri... 12/20/2007 Cl • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL TENNIS COURT FENCING REPLACEMENT (WEST NEWPORT PARK) CONTRACT NO. 3947 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. 3947 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobolization @ Five hundred Dollars and no Cents $ 500.00 Per Lump Sum 2, Lump Sum Remove and dispose of existing chain link fence and windscreen, top and mid 1 518" galvanized bars @Two Thousand Dollars and No Cents $ 2,000.00 Per Lump Sum I 0 r� PR2of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 3. M 5. R 1200 L.F. Install chain link wire fence, Black vinyl- coated 1 % "- 8 -12kk 9 -gage core. 1,448 L.F 2,100 L.F @p Twenty Three Dollars and No Cents Per Linear Foot $ 23.00 $27,600.00 Install black vinyl- coated polyester windscreen @ one Dollars and Twenty nine Cents Per Square Foot Prepare posts, prime and apply 2 coats of black paint. @ Five Dollars and Twenty Seven Cents L.F. $ 1.29 $11,094.00 $ 5.27 $ 763.96 Install new 1 518" diameter mid and top bar galvanized black vinyl- coated steel bar. @ Five Dollars and Thirteen Cents Per Linear Foot $ 5.13 $10,773.00 7. 4 EA Remove and dispose of pedestrian gates and install new galvanized vinyl- coated black steel gates even hundred Fi EWa We and No Cents $ 751.00 $ 3,004.00 Each • PR3of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 8. 6 EA Install new 3" O.D. x 10' long galvanized Black vinyl- coated fence posts Sixty Nine @Three hundred Dollars and Eighty Three Cents $369.83 $ 2,218.98 Each 9. 1 CY Pour new footings for new fence posts @ one H undr d Fivpollars and No Cents $ 105.00 $ 105.00 Per Cubic Yard 10. Lump Sum Restore damaged landscaping @ Three Hundred Dollars and No Cents $ 300.00 $ 300.00 Per Lump Sum TOTAL PRICE IN WRITTEN WORDS Fifty Eight Thousand Three Hundred Fifty Fight Dollars and Ninety four Cents /Z •'&. a% Date 323- 751 -4104 323 - 751 -881 FAx Bidder's Telephone and Fax Numbers 319155 C -13 Bidder's License No(s). and Classification(s) Total Price (Figures) Harris Steel Vint a Co inG Bidder v P I Z ' ! Y• o-y er Authorized Signature and Title 8728 S San Pedro ST Los Anqeles CA 90003 Bidder's Address Bidder's email address: harrisfencg?@aol_ om F: \Users\PBW\SharedlContrac s%FY 07- 087ennls Court Fencing Replacement C-39471PROPOSAL C- 3947.doc i TITLE: Tennis Court Fence Replacement -- West Newport Park CONTRACT NO.: C-3947 ENGINEER'S ESTIMATE: $130,000.00 PROJECT MANAGER: Patrick Arciniega CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BID LOCATION: City Clerk's Office - Cdy Hall DATE: 20-Dec-07 TIME: 10:000m BY: CHECKED: DATE: AS READ BID $56,358.84 ENGINEER'S ESTIMATE HARRIS STEEL FENCE, CO. FENCECORP INC. ECONO FENCE, INC. LIGHTNING FENCE CO. ALCORN FENCE, CO. ITEM DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT UNIT 1 Mobilization 1 LS 15.000.00 $ 15,000.00 500.00 $ 600.00 2,000.00 $ 2,000.00 4,292.60 $ 4,29260 4000.00 $ 4,000.00 5,000.00 400.00 $ 400.00 Remove and dispose of chain link wire fabric, $ 10,00000 5,000.00 $ 5,000.00 500.00 $ 500.00 Remove and dispose of chain link wire fabnc, 2 windscreen and top antl mitl 1 518' dram 2 windscreen and top and mid 1 5!8' diem galvanized bars 1 LS 1,000.00 $ 1,000.00 2,000.00 $ 2,000.00 13.760.00 $ 13.760.00 11 761.00 $ 11.761.00 9,500.00 $ 9,500.00 14,386.00 10,000A 3 Install chalnlink wire fence vinyl -coaled 1 314"-8 - $ 5.000.00 15,000.00 $ 15.000.00 4,000.00 $ 4,000.00 3 Install chainlink wire fence ino- Coated 1 314"-6 - EAMOUNT 12kk "a a core black Color 1.200 LF 35.00 $ 42,000.00 23.00 $ 27,600.00 23.00 $ 27,600.00 36.10 $ 43.320.00 40.40 $ 48,480.00 39.35 20.00 $ 24,000.00 Install vinylcoated polyester windscreen black $ 60,00000 28.33 $ 33.996.00 43.301$ 51,960.00 Install vinyl- coated oolyesler windscreen black 4 color 8,600 SF 4.30 $ 36,980.00 1.29 $ 11,094.00 1.22 $ 10,492.00 0.90 $ T.P40b0 2.00 $ 17,200.00 080 2.79 5 Prep posts, prime, and paint with 2 coats of Wa $ 17.2DO.00 5.50 S 47,300.00 8.931S 76.798.00 5 Prep posts, prime, and paint with 2 COWS Of blot paint 1,448 LF 9.50 $ 13,756.00 5.27 $ 7,630.96 5.60 $ 6,108.80 6.55 $ 9,484.40 4.00 $ 5,792.00 6.50 16,57 6 Install new 1 5 V diameter mitl and top galvanized $ 14.48000 10.00 $ 14,460.00 9.41 $ 13625.66 6 Install new 1 5rB' diameter mid and top galvanized 1 steel vinyl Coated black bar 2.100 LF 8.00 $ 16,800.00 5.13 $ 10,773.00 8.25 17,325.00 1O.S21 $ 21,672.00 . 6.00 S 12 600.00 6.42E 17,682.00 23.982.00 Remove and dispose of pedestdcen gates and 21,00000 12.00 S 25,200.00 798 $ 16,758.00 Remora and dispose of pedestrica i gates and 7 Install new galvanized black vinylcoated steel 7 install new galvanized black vinyl - coated steel gates 4 EA 700.00 $ 2,800.00 751.00 S 3.004.00 750.00 S 3,000.00 ]40.00 $ 2,960.00 1,000.0 $ 4,000.00 860.00 $ 3,440.00 $ 24,000.00 Install new 3' O.D.x 10' Long galvanized black Install new 37 O D.x 10' Long galvanized black 3 vinyl - coated fence posts 6 EA 95.00 410.00 $ 570.00 369.8 $ 2,218.98 165.00 $ 990.00 155.00E 930.00 200.00 $ 1,200.00 230.00 $ 1.380.00 9 Pour new feotin stor poles 1 CY $ 410.00 105.00 $ 105.00 465.00 $ 455.00 904.00 $ 904.00 1,000.00 S 1.000.00 1,056. S 1,056.00 10 Restore damaged landscaping 1 LS 684.00 $ 684.00 300.00 S 300.00 1.300.00 $ 1,300.00 500.00 $ 500.00 2,00000 $ 2.000.00 7,000.00 E 7,000.00 S 2030.64 EE 130.000.00 LOW 65,225.94 2ND 85,030.80 4TH 103,564.00 5TH 105,772.00 6TH 113,458.00 AS READ BID $56,358.84 AS READ BID 1 y,u¢ry1pb,.lsnercYlwN ec11p6011�A10 suktutwY Law xt5 $125,488.00 $100,327.00 Page 1 SOUTHLAND ENGINEER'S ESTIMATE MJ CONTRACTORS CHARLIE'S FENCE, CO. CONSTRUCTION WELSH FENCE AND IRON GUARDIAN FENCE, INC. ITEM DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT I AMOUNT UNIT I AMOUNT UNIT I AMOUNT UNIT I AMOUNT 1 Mobilization 1 LS 15,OOD.00 S 15,000.00 12000.00 $ 12.000.00 400.00 $ 400.00 10,000.00 $ 10,00000 5,000.00 $ 5,000.00 500.00 $ 500.00 Remove and dispose of chain link wire fabnc, 2 windscreen and top and mid 1 5!8' diem galvanized bars 1 LS 1000.00 E 1,000.00 10.000.00 $ 10000.00 10,000A $ 10,000.00 5,000.00 $ 5.000.00 15,000.00 $ 15.000.00 4,000.00 $ 4,000.00 3 Install chainlink wire fence ino- Coated 1 314"-6 - 12kk9- gW6 core black Color 1.200 LF 35.00 $ 42,000.00 40.00 $ 48.000.00 20.00 $ 24,000.00 50.00 $ 60,00000 28.33 $ 33.996.00 43.301$ 51,960.00 Install vinyl- coated oolyesler windscreen black 4 Color 8.600 SF 4.30 $ 38,980.00 2.00 $ 17,200.00 2.79 $ 23,994.00 2.00 $ 17.2DO.00 5.50 S 47,300.00 8.931S 76.798.00 5 Prep posts, prime, and paint with 2 COWS Of blot paint 1,448 LF 9.50 3 13,756.00 6.00 $ 8,888.00 16,57 $ 23.993.36 10.00 $ 14.48000 10.00 $ 14,460.00 9.41 $ 13625.66 6 Install new 1 5rB' diameter mid and top galvanized 1 steel vinyl coated black bar 2,100 LF 8.00 $ 16,800.00 6,001$ 12,600.00 11.421$ 23.982.00 10.001$ 21,00000 12.00 S 25,200.00 798 $ 16,758.00 Remora and dispose of pedestrica i gates and 7 install new galvanized black vinyl - coated steel 1 6,000.00 750.00 $ 3,000.00 80000 $ 3.200.00 ales 4 EA 700.00 $ 2.800.00 1.600.00 $ 6,400.00 6.000.00 $ 24,000.00 500.00E Install new 37 O D.x 10' Long galvanized black 8 vm - coated fence posts 6 EA 95.00 41000 $ 570.00 900.00 $ 5.400.00 1,000.00 $ 6.000.00 100.00 S 600.00 350.00 $ 2,10000 200.00 $ 1,200.00 9 Pour new footings for poles 1 Cy $ 410.00 1,000.00 $ 1,00000 2.00000 S 2.000.00 2.000.00 S 2,000.00 1.200.00 $ 1.200.00 25.00 $ 25.00 10 Restore damaged lanOSCao,ng I LS 684.00 $ 884.00 6,000.00 S 6,000.00 2.030.64 S 2030.64 5.000,00 8 5000.00 4800.00 $ 4.800.00 500.00 $ 500.00 EE 130,000.00 7TH 127,288.00 8TH 140,400.00 9TH 141.280.00 LOTH 152.07600 3RD 168,566.68 AS READ BID 1 y,u¢ry1pb,.lsnercYlwN ec11p6011�A10 suktutwY Law xt5 $125,488.00 $100,327.00 Page 1 1 1 1 1 1 1 2 2 2 2 2 E 3 3 3 3 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS MASTER FORMAL CONTRACT CONTRACT NO. 3947 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 6 -7.4 Working Hours 6 -9 LIQUIDATED DAMAGES 6 -11 SEQUENCE OF CONSTRUCTION 1 1 1 1 1 1 2 2 2 2 2 E 3 3 3 3 4 4 M LJ 0 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 4 7 -8 PROJECT SITE MAINTENANCE 4 7 -8.5 Temporary Light, Power and Water 4 7 -8.6 Water Pollution Control 4 7 -8.6.1 Best Management Practices 5 7 -9 PROTECTION AND RESTORATION OF EXST. IMPRVMTS 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 5 7 -10.1 Traffic and Access 5 7 -10.2 Storage of Equipment and Materials in Public Streets 5 7 -10.3 Street Closures, Detours, Barricades 6 7 -10.4 Public Safety 6 7- 10.4.1 Safety Orders 6 7 -10.5 "No Parking" Signs 6 7 -10.7 Notice to Residents and Temp Parking Permits 6 7 -15 CONTRACTOR LICENSES 7 SECTION 9 MEASUREMENT AND PAYMENT 7 9 -3 PAYMENT 7 9 -3.1 General 7 9 -3.2 Partial and Final Payment 8 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 9 300 -1 CLEARING AND GRUBBING 9 300 -1.3 Removal and Disposal of Materials 9 300 -1.3.1 General 9 300 -1.5 Solid Waste Diversion 9 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 9 308 -1 GENERAL fAuserslpbwlsharedtcontractMfy 07- 081tennis court fencing replacement c- 39471specs index c- 3947.doc 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS TENNIS COURT FENCING REPLACEMENT (WEST NEWPORT PARK) CONTRACT NO. 3947 INTRODUCTION SP 1 OF 11 All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. P- 5210 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 -517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of removing and disposing existing chain link fencing, and wind screens, in the park and replacing with new fencing top and mid bars, paint posts with aluminum paint and install new windscreen. Work to be phased so that one tennis court is open for public play at all times." 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: E SP 2 OF 11 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed.' No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. 0 IJ SP3OF11 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 30 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 t the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4 th , the first Monday in September (Labor Day), November 11 th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve), December 25th (Christmas), and December 31St New Year's Eve). If January 1st, July 4th, November 11th, December 24, December 25 h, or December 31St falls on a Sunday, the following Monday is a holiday, if these dates fall on a Saturday, then the Friday before is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:00 A.M. to 4:30 P.M., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 P.M. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $60.00 per hour when such time periods are approved. • i •SP 4 OF 11 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. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." 6 -11 SEQUENCE OF CONSTRUCTION. The construction of the tennis courts will be phased so that one set of courts (2 tennis courts) shall remain fully open to the public for tennis play at all times. Each location of work shall be completed prior to beginning work at another site. SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at http:l/www.citv.newport - beach.ca. us /pubworks /links.htm." SP5OF11 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. 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS Add to this section: "The contractor shall take all the necessary precausions to protect the tennis court surfaces. Any damage to the surfaces in the excution of his work shall be restored at the Contractor's expense and included in the Bid. 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 SP6OF11 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. Contractor may use the last three parking spaces in the rear comer of the 56th St parking lot for storage of materials during construction. Prior to, move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre - construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction'." 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each 0 • SP 7 OF 11 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 an "A" or a "C -13" 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. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, preparing the SWPPP or BMP Plan and construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Remove and Dispose of Existing Chain Link Fence and Windscreen, Top and Mid 1 5/8" diameter Galvanized Bars : Work under this item shall include removing and disposing of the existing chain link fence and windscreen, existing mid and top galvanized steel bars and pedestrian gates. Item No. 3 Install Chain Link Wire Fence Black Vinyl- Coated 1% "- 8 -12kk with 9- gage core: Work under this item shall include full compensation for furnishing the labor, materials, tools, and equipment for furnishing and installing vinyl- coated chain link wire fence by Hoover Fence Co. 1 -800- 355 -2335 or approved equal black color complete with all accessories and hardware with the same finish to complete installation. Bottom edge of fence to be equipped with a 9 -gage stainless steel galvanized black vinyl- coated coiled spring tension wire to maintain a uniform straight edge. • • SP8OF11 Item No. 4 Install Black Vinyl- Coated Polyester Windscreen: Work under this item shall include full compensation for furnishing the labor, materials, tools, and equipment for furnishing and installing black vinyl- coated polyester windscreen by Hoover Fence Co. 1- 800 - 355 -2335 or approved equal black color compete with all accessories and hardware with the same finish to complete installation. Item No. 5 Scrape Clean Posts Prepare With Acid Wash Metal -Etch by Jasco 0702 -1 or equal, and Apply Primer Galv -Alum by Dunn Edwards (tinted 50% with Endura Gloss Black Oil Base Paint by Dunn Edwards) then Paint with 2 Coats Endura Gloss Black Oil Base Paint by Dunn Edwards (800- 735 - 8099): Work under this item shall include full compensation for furnishing the labor, materials, tools, and equipment to scrape clean existing galvanized posts, prepare surface with Metal -Etch prior to application of two (2) coats of Endura Gloss Black Oil Base Dunn Edwards Paint. Item No. 6 Install New 1 5/8" Diameter Mid and Top Galvanized Black Vinyl- Coated Steel Bar: Work under this item shall include full compensation for furnishing the labor, materials, tools, and equipment to install galvanized 1 5/8" diameter horizontal rails, standard weight pipe, SCH 40. Item No. 7 Remove and Dispose of Existing Pedestrian Gates and Install New Galvanized Black Vinyl- Coated Steel Gates: Work under this item shall include full compensation for installation of a standard pedestrian gate 4' wide x 7' tall complete with heavy duty hinges and lockable U latch. Framework shall be galvanized pipe 1 718" diameter standard weight pipe, schedule 40. Use same chain link wire and windscreen selected for fence. Item No. 8 Install new 3" O.D. x 10' long galvanized black vinyl- coated fence posts. Work under this item shall include full compensation for installation of 6 new galvanized black vinyl- coated posts to support new fencing on southerly side of handball courts. Use same chain link wire fence selected for tennis court fencing. Item No. 9 Pour new concrete footings for new fence posts. Work under this item shall include full compensation for installation of 6 new concrete footings for new fence posts. (See Footing Detail on Sheet 2 of 2) Item No. 10 Restore damaged landscape: Work under this item shall include full compensation for installation and restoration of irrigation components, damaged landscaping, (i.e. turf, shrubs, and other plants) 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 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials SP 9 OF 11 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. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris, (fences, posts, foundations ?) or other deleterious material from the job site at the end of each workday. " 300 -1.5 Solid Waste Diversion. Non- reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section: `The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor 6 6 SP 10 OF 11 shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. The Contractor shall arrange to meet for this work with the City's Urban Forester, Mr. John Conway at (949) 644 -3083 a minimum of five workdays prior to beginning the work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he/she shall cease work at that location and immediately contact the City's Urban Forrester for inspection. Upon inspection, the Urban Forrester may require the Contractor to formally submit a plan for removing the large roots to the City for review. The submittal shall adhere to the following guidelines. 1. Root Pruning a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using a root - pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root - cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and /or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump - grinding machine instead of a root - pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre- approved by the City's Urban Forester. 6 6 SP 11 OF 11 e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. F: \Users\PBW\Shared \Contracts \FY 07 -08 \Tennis Court Fencing Replacement C- 394TSPECS C- 3947.doc Last saved by Srooksl2 /04/2007 10:13 AM i0 n 26 cm°YrorH x�moxrcx CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 10 January 8, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Patrick Arciniega 949 - 644 -3347 or parciniega @city.newport- beach.ca.us SUBJECT: TENNIS COURT FENCING REPLACEMENT - AWARD OF CONTRACT NO. 3947 RECOMMENDATIONS: 1. Approve the project plans and specifications. 2. Award Contract No. 3947 to Harris Steel Fence, Co. for the Total Bid Price of $65,225.94, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $6,500 to cover the cost of unforeseen work. DISCUSSION: At 10:00 a.m. on December 20, 2007 the City Clerk opened and read the following bids for this project: TOTAL BID AMOUNT $65,255.94 $85,030.80 $103,564.00 $105,772.00 $113,456.00 $127,288.00 $140,400.00 $141,280.00 $152,076.00 $168,566.68 Corrected Bid Amount The low total bid amount is 50% percent below the Engineer's Estimate of $130,000. The Engineer's Estimate was based on the unit costs received for fencing on a smaller park improvement project. The greater quantity of fence in this project, specification of specialty BIDDER Low Harris Steel Fence, Co. 2 FenceCorp, Inc. 3 Econo Fence, Inc. 4 Lightning Fence, Co. 5 Alcom Fence, Co. 6 MJ Contractors 7 Charlie's Fence, Co. 8 Southland Construction 9 Welsh Fence and Iron 10 Guardian Fence, Inc. TOTAL BID AMOUNT $65,255.94 $85,030.80 $103,564.00 $105,772.00 $113,456.00 $127,288.00 $140,400.00 $141,280.00 $152,076.00 $168,566.68 Corrected Bid Amount The low total bid amount is 50% percent below the Engineer's Estimate of $130,000. The Engineer's Estimate was based on the unit costs received for fencing on a smaller park improvement project. The greater quantity of fence in this project, specification of specialty • Tcntvs Cam Fencing RA -Ment - AwzM of contract No. 3947 January 8. 2008 Pages 2 license contractors, and the general slow down in construction activity all contributed to the low bid price. The low bidder, Hams Steel Fence. Co., possesses a California State Contractors License Classification C -13 as required by the project specifications. A check of the Contractors references indicates they have satisfactorily completed similar projects for other municipalities. The project calls for the replacement of the 20 year old tennis court fencing at West Newport Park located on Seashore Drive at 56th Street. The prolonged exposure to the marine environment has deteriorated the galvanized fence poles, chain link fencing, fasteners and windscreens. The new fence and windscreen consist of a black vinyl - coated material and the fence posts will a painted black, similar to the newly constructed tennis courts in Bonita Canyon Sports Park and Mariners Park. During the fence construction, one court will remain open so the public will still have access to the facilities. Upon completion of the .� new fence installation, the tennis courts will be resurfaced under a separate contract. Pursuant to the contract specifications, the Contractor will have 30 consecutive working days to .� complete the work. The original budgeted project included replacing the fencing at the Grant Howald Park tennis courts. This work will be deferred to a future project. Environmental Review: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines. This exemption covers the repair of existing facilities involving negligible or no expansion of existing use. 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. • Tennis Court Fencing Relkent — Award of Contract No. 3947 January 8, 2008 Page: 3 Geotechnicai, Material Testing, and Survey Services: Geotechnical, material testing, and survey services are not required for this project. Funding Availability: There are sufficient funds available in the following account for the project: Account Descrintion Tennis Court Fencing Replacement Proposed uses are as follows: Vendor Harris Steel Fence, Co. Harris Steel Fence, Co. Prepared by: Patrick Arcini ga, P.E. Senior Civil Engineer Attachments: Bid Summary Account Number Amount 7015- C4120928 $ 71,755.94 Total: $ 71,755.94 Purpose Construction Contract $ Construction Contingency $ Total: $ Submitted by: Amount 65,255.94 6,500.00 xfG. Badum Works Director 71,755.94 TITLE: Tennis Court Fence Replacement- West Newport Park CONTRACT NO.: 04947 ENGINEER'S ESTIMATE: $130,000.00 PROJECT MANAGER: Patrick Arciniega CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BID LOCATION: City Cleri Office -City Hall DATE: 204)sc -07 TIME: 10.00am BY: CHECKED: DATE: AS READ BID $58,358.94 ENGINEER'S ESTIMATE HARRIS STEEL FENCE CO. FENCECORP, INC. ECONO FENCE, INC. LIGHTNING FENCE CO. ALCORN FENCE, CO. ITEM DESCRIPTION QUANTITY UNIT AMOUNT UNIT AIMIJUN-r UNIT I AMOUNT UNIT AMOUNT UNIT I AMOUNT UNIT AMOUNT 1 Mobilization 1 LS 15,000.00 $ 15,000.00 500.00 $ 500.00 2000.00 $ 2000.00 4.292.60 $ 4,292.60 4,000.00 $ 4.000.00 5,000.00 $ 5.000.00 $ 12.000.00 Remove and dispose of chain link wire fabric, $ 400.00 10000.0 $ 10000.00 5000.00 $ 5,000.60 500.00 $ 500.00 Remove and dispose of chain link wire fabric, 2 windscreen and top and mid 1 518" diam 2 windscreen and tap and mid 1 5r8" diem galvanized bare 1 LS 1,000.00 $ 1,000.00 2,000.00 $ 2,000.00 13,780.00 5 13760.00 11,761.00 S 11,781.00 9,500.00 $ 9.500.00 14,386.00 $ 14,386.00 3 Install chainlink wire fence vinyl- tad 1 314'-8 - $ 10,000.00 5.000.001 5.000.00 15000.00 $ 15000.00 4,000.00 $ 4,000.00 3 Install chainlink wire fence vinyl- coated 1 314"-8 - 12kk 9-gage core black color 1,200 LF 35.00 $ 42,000.00 23.00 $ 27,600.00 23.00 S 27,600.00 36.10 S 43,320.00 40.40 $ 48,480.00 39.35 $ 47220.00 4 Install vinylwated polyester windscreen black $ 24000.00 50.00 $ 60,000.00 26.33 $ 33.996.00 43.30 $ 51,960.00 4 Install vinyl- coated polyester windscreen black color 8,600 SF 4.30 $ 361980.00 1.29 $ 11094.00 1.22 $ 10,492.00 0.9D $ 7,740.00 2.00 $ 17200.00 0.80 $ 6,860.00 5 Prep pasta, prime, and paint with 2 coats of blac $ 23,994.00 2.00 $ 17,200.0D 5.50 S 47,300.00 8.93 $ 76.798.00 5 Prep posts, prime, and paint with 2 coats of bled paint 1,448 LF 9.50 1 $ 13,756.00 5.271$ 7.630.96 5.60 $ 81108.80 6.55 S 9,484.40 4.60 $ 5.792.00 6.50 $ 9,412.00 6 Install new 1 518 "diameter mid and top galvanized $ 23.993.38 10.00 S 14,480.00 1 10.00 $ 14480.00 9.41 $ 13,625.68 6 Install new 1 58" diameter mid and top galvanized steel vinyl mated black bar 2.100 LF 8.00 $ 16.800.00 5.13 $ 10.773.00 8.25 $ 17325.00 10.32 $ 21. 672.00 .6.00 $ 12,600.00 8.42 $ 17682.00 $ 12 600.00 Remove and dispose of pedestdcsn gates and 23,982.00 10.00 $ 21,000.OD 12.00 $ 25.200.00 7.98 $ 16 758.00 Remove and dispose of pedestrican gates and 7 Install new galvanized black vinyl - coated steel 7 install new galvanized black vinyl - coated steel gates 4 EA 700.00 $ 2,800.00 751.00 $ 3,004.00 750.00 $ 3.000.00 740.00 S 2,960.00 1,000.00 3 4000.00 860.00 $ 3,440.00 6 Install new 3" O.O.x 10' Long galvanized black $ 24,000.00 1,500.00 $ 6,000.00 750.00 $ 3.000.00 800.00 $ 3,200.00 8 Install new 3" O.D.x 10 Long galvanized blase vinyl-coated fence posts 6 EA 95.00 410.00 $ 570.00 369.83 $ 2,218.98 165.00 $ 990.00 155.00 $. 930.00 200.00 $ 1,200.00 230.00 $ 1,380.00 9 Pour new footings for poles 1 CY $ 410.00 105.00 $ 105.00 455.0 $ 455.00 904.00 S 904.00 1000.00 $ 11000.00 1,056.00 $ 1,056.00 10 Restore damaged landscapin g 1 LS 684.00 $ 684.00 300.00 $ 300.00 1,30D.00 $ 1300.00 500.00 $ 500.00 2,000.00 S 2000.00 7000. $ 7,000.00 $ 6.000.00 EE 13Q000.00 L 05225.94 2ND 85,030.80 4TH 103,564.00 5TH 105,77 .UU I 6TH 113,456.00 AS READ BID $58,358.94 AS READ BID $125,488.00 $100,327.00 11uaereWbwisnareTmnvaca00.0t4BIDSUMMARY 03947 As page 1 r, SOUTHLAND ENGINEER'S ESTIMATE MJ CONTRACTORS CHARLIE'S FENCE, CO. CONSTRUCTION WELSH FENCE AND IRON GUARDIAN FENCE INC. ITEM DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT 1 Mobilization 1 LS 15,000.00 $ 15,000.00 12,000.00 $ 12.000.00 400.00 $ 400.00 10000.0 $ 10000.00 5000.00 $ 5,000.60 500.00 $ 500.00 Remove and dispose of chain link wire fabric, 2 windscreen and tap and mid 1 5r8" diem galvanized bars 1 LS 1,000.00 $ 1,000.00 10,000.00 $ 10,000.00 10000.00 $ 10,000.00 5.000.001 5.000.00 15000.00 $ 15000.00 4,000.00 $ 4,000.00 3 Install chainlink wire fence vinyl- coated 1 314"-8 - 12N, 91age core black color 1,200 LF 35.00 $ 42.000.00 40.00 $ 48,000.00 20.00 $ 24000.00 50.00 $ 60,000.00 26.33 $ 33.996.00 43.30 $ 51,960.00 4 Install vinyl- coated polyester windscreen black color 8,600 SF 4.30 3 36,980.00 2.00 S 17200.00 2.79 $ 23,994.00 2.00 $ 17,200.0D 5.50 S 47,300.00 8.93 $ 76.798.00 5 Prep posts, prime, and paint with 2 coats of bled paint 1,448 LF 950 $ 13,756.00 6.00 $ 8,688.00 16.57 $ 23.993.38 10.00 S 14,480.00 1 10.00 $ 14480.00 9.41 $ 13,625.68 6 Install new 1 58" diameter mid and top galvanized steel vinyl coated black bar 2,100 LF 8 00 S 16,800.00 6.00 $ 12 600.00 11.421$ 23,982.00 10.00 $ 21,000.OD 12.00 $ 25.200.00 7.98 $ 16 758.00 Remove and dispose of pedestrican gates and 7 install new galvanized black vinyl - coated steel ales 4 EA 700.00 $ 2,800.00 1,600.00 $ 6400.00 8000.00 $ 24,000.00 1,500.00 $ 6,000.00 750.00 $ 3.000.00 800.00 $ 3,200.00 8 Install new 3" O.D.x 10 Long galvanized blase vinyl-coated fence posts 6 EA 95.00 410.00 $ 570.00 900.00 $ 5.400.00 1,000.00 S 61000.00 100.00 6 600.00 350.00 $ 2,100.00 200.00 $ 1,200.00 9 Pour new footings for poles 1 CY $ 410.00 1,000.00 $ 11000.00 2.000.00 $ 2000.00 2000.00 $ 2,000.00 1,200.00 $ 1,200.00 25.00 $ 25.00 10 Restore damaged landscaping 1 LS 684.00 S 684.00 6,000.00 $ 6.000.00 2.030.64 $ 2,030.64 5.000.00 $ 5000.00 4800.00 $ 4,800.00 500.00 $ 500.00 130,000.00 7TH 127288.00 8TH 140,400.00 9TH 141,280.00 10TH 152076.00 1 3RD 168.866.68 AS READ BID $125,488.00 $100,327.00 11uaereWbwisnareTmnvaca00.0t4BIDSUMMARY 03947 As page 1 r,