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HomeMy WebLinkAboutC-4003 - Castaways Park Marine MonumentCITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 a.m. on the 7th day of February, 2008, at which time such bids shall be opened and read for CASTAWAYS PARK MARINES 1/1 MONUMENT Contract No. 4003 $45,875.00 Engineer's Estimate by ten G. Badum Works Director Prospective bidders may obtain one set of bid documents for $20.00. at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project. "A', "C -8'; or "C-29" For further information, call Iris Lee, Project Manager at (949) 644 -3323 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.city.newport-beach.ca.us CLICK: e- onlineservices/e-bidPublicWorks 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CASTAWAYS PARK MARINES 111 MONUMENT CONTRACT NO. 4003 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................................................................................ ............................... PRA SPECIAL PROVISIONS ................................................................. ...........................SP -1 2 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CASTAWAYS PARK MARINES 111 MONUMENT CONTRACT NO. 4003 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS 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 wonting 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 i • substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices 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. 3fa�oR I I-i A Contractors License No. & Classification E-• c . Co�s�ruria�t Bidder Authorized Signature/Title Date 4 01/31/2000 07:59 6264443077 PACE 02/02 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CASTAWAYS PARK MARINES III MONUIIIfENT CONTRACT NO. 4003 57. _,r,i We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severafty held and firmly bound to the City of Newport Beach, a charter City, in the principal sum of Ten Percent of Bid Amount Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principai for the constructs r of CASTAWAYS PARK MARINES 117 MONUMENT, Cwhact No. 4403 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 Ere. Principal fals to execute the Contract Docurrtents in the forrn(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 data of the mal ing of "Notification of Award ", Otherwise this obligation shall became rRA and vokL E the undersigned Principal executing Oft Bond is executing ttft Bond as an irdMdual, It is agreed that the death of any such Principal shall riot exonerate the Surely from its obtigatlons under this Bond. Wthum our ttandst We 31st dayct January X2008. E.C. Construction Co. Name of Contractor (Principal} Travelers Casualty and Surety Company of America Name of Surety 700 N. Central Ave., Suite 800 Glendale, CA 91203 Gary B. Merrill - Attorney -In -Fact Address of Surety Pfint Name and 71% (818) 409 -4240 Telephone (Notary acknowledipmmt of Principal & Surety wrist be attardreM 5 lI • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT mss\ :3.- —11111 :,<� »>..-.�..m State of California County of LOS ANGELES On 2-6-08 before me, SUSAN CATONE, NOTARY PUBLIC Date Here Irmen Name and Tllle of Ina Officer personally appeared KENNETH D. WALTERS, PRESIDENT Mme(a) of Signers) SUSAN CATONE Commission # 1634602 € , -® Notary Public - Callfomla Los Angeles County IvlyComm. Blpli es Dec 13, 2008 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheRhey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h 9d and official seal. Signature X*k-,(& l.y Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: 1 -31 BIDDER "S BOND CITY OF NEWPORT BEACH Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual Kenneth D. Walters Number of Pages: 1 Signer's Name: ❑ Individual ® Corporate Officer— Title(s): President ❑ Corporate Officer — Title(s):_ ❑ Partner —❑ Limited ❑ General ❑ Partner —❑ Limited ❑ General • Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: OF SIGNER ❑ Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: L -..,cam � dc�.:�s':�y'e� -i � .dc' -� � -'�ti.c�,c�,cr -, "vc=/s`::s.�yc.- �c`:c�,cy - ,w�.:�.<U.�s`•, �:rr Merl r r- �i ,y r.r r Aft a 5 State of California ) CALIFORNIA ALL-PURPOSE County of Los Angeles ) CERTIFICATE OF ACKNOWLEDGMENT 4 F a 3 On January 31, 2008 before me, Priya Neilly, Notary Public (here insert name and title of the officer) personally appeared Gary B. Merrill e who proved to me on the basis of satisfactory evidence to be the person(s) whose names) 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 persorl or the entity a upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the StateofCallfornia,CaiinWof Los Angeles Subscribed and sworn to (or affirmed) before me t ' State of California that the foregoing paragraph is true and correct. ondat31stdayaal1nuary ,2o 08 WITNESS m nd an official seal. by Gar errill Y proved inner t 0 asanefactoryendmi ro - the u peered bafort me. Signature (Seal) a OPTIONAL INFORMATION = Although the information in this section is nor required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification Proved to me on the basis of satisfactory evidence: a titled /for the purpose of I -- Lo form(s)of identification O credible witness(es) k Notarial event is detailed in notary journal on: containing pages, and dated Page# Entry# The signer(s) capacity or authority is /are as: Notary contact ❑ Individual(s) Other - M Attorney -in -Fact ❑ Additional 5igneus) ❑ Signens) Thumbprintis) - ❑ Corporate Officers) Title(s) ❑ - i ❑ Guardian/Conservator R ❑ Partner - Limited/General ❑ Trustee(s) ❑ Other: representing: Name(,) of Penon(e) of Endty(res) Signer is Representing F ® Copyright 2007 Notary Rotary, Inc 925 29th St, Des Moines, IA 50312 -3612 Form AIX03 10/07 Tore order, call toll -free 1 -877 349 6588 or visit us oo the loteue[ at hup. / /www notarymtary.com WITHOUT THE .01k 9w' POWER OF ATTORNEY 4W TRAVELERSJ Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surely Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No, 217012 Certificate No. 0 019 315 4 3 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Gary B. Merrill, and James F. Huff of the City of Pagadeaa , Stale of (`alifrrnia , their true and lawful Anomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of September 2007 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company 4th St. Paul Guardian Insurance Company St. Paul Memory Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company �L Y O�M,!MS4q `Ai ,Mf4441 i �Niv 4lip 1Mw4/Y Y' -vl °Y4& n tr9sPoRAtfD �27N a 7 ap �. 'SE itLf. i`SBRL ` aOgo 8' • eF lfVl ts:iiftD AIa Sate of Connecticut City of Hartford ss. By: Georg Thompson, tt tce President On this the 4th day of September 2007, before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p,TET In Witness Whereof, I hereunto sat my hand and official seal. T*iR My Commission expires the 30th day of June, 2011. * � 58440 -5 -07 Printed in U.S.A. Marie C. Teneaulq Notary Public Best's Rating Center - Com6y Information for Travelers CasuaWand Surety ... Page 1 of 1 Center l r ,t vwv Rayngs F'nanelet Strength Issuer Cradl Secudde Ad_vanceQ_Se3rch Zrockdogy I — Radno DefYtiions F Search %aft Ratings Prom Releases ft&Wad Produicta ► Travelers Casualty and Surety Company (e nemgr pr {:ayIV15IfW.OMV COnIL.Mq]) ♦.Y.Baa1 /: D300, NNL I:IVD]B FEIXf 00[VilY1 Address: One Tower Square Phone: 860.277-0111 Hanford, CT 06183 Fax: 86D- 277-7002 Web: www�rrsv_elgrs.cgm plea. wet, C...: sae. 3kenn.g.3a3ipacU W ownpv.bs NTaaro. ooNOpin'pn oNVV:N: MAy romoNlhOo aumro oYlcaums a wiryndas.;. t: Issuer Credit Ratings View Definitions Long -Term: as Outlook: Stable Action: Affirmed Dale: June 18, 20D7 Reports and News Visit our NPwsRome for the latest news and Press releases for Nis company and its A.M. Best Group. AMB Credit Report - Insurance Professional (unabridged) (formerly known as Best's Company Report) - includes Bests Fm: rationale along with comprehensive analytical commentary. Petalled business overview and key financial data. L Report Revision Date: 10/02/2007 (represents the latest significant change). Historical Reports are available in AMB Credit Report - JOagfanre Professional Wnabritlaetl),A¢bi�. Boars Executive Summary Reports (Financial Overview) - available in three winners. these presemalton style reports feature balance s key financial performance tests including potability. liquidity and reserve analysis. Data Status: 2007 Bests Statement File - PIC. US. Contains data compiled as of 112412006 (QUalily Cron Checked). 1 Single Company -five years of financial data specifically on ins company. a Comparison - side- byside financial analysis of thus company with a peer group of up to five other companies you select. I Compaehe - evaluate this companys financials against a peer group composite. Report displays both the average and total composite. group. "�RAMB Credit Rep rd - alarms; Professional - provides three years of key financial data presented with colorful charts and tables. Each re latest Best's Ratings, Baling Rationale and an excerpt from our Busmess Review commentary. Data Status: Contains data compiled as of 112912008 (Quality Cross Checked). BasCS Key Rating Gm1de Presentation Report - includes Best's Financial Strength Rating and financial data as provided in Best's Key Ra Data Status: 2006 Financial Data (Quality Cross Checked). Financial and Analytical Products Besl's Property /Casualty Center - Premium Data 8 Reports Bas's Key Rating Guide - P /C. US & Canada Beat's Statement File - P /C, US Best's Statement File - Global Best's Insurance Reports - P /C, US & Canada Bests Stare Line - PIC. US Best's Insurance- Eaerse Exhibit (IEE) -P /C, US Best's Regulatory Center Markel Share Reports Besi's Schedule P (Loss RaseNeel:.P.Le-U$ Customer Service I Product Support I Member Center I Contact Info I Careers About A.M. Best I She I Privacy Poly I Secuh I Terms of Use I Legal & Licensing Copyright 0 2008 A M. Best Company, Inc All rights reserved. A.M. Bess Wwldwitle Headquarters, Ambest Road. Oklwick. New Jersey. O0858. USA. http: / /www3.ambest.com /ratings /Full Profile.asp ?BI= O &AMBNum =2001 &AItSrc =... 02/08/2008 Best's Ratings Country Fb# Structured Finance Financial Strength Ratings View !?eftoiti¢ns Rating: A+ f5uperlori Now to OFA Rated Affiliation Code: g (Group) Financial size Category: xV ($2 Billion or greater) COtYaCi an Gullook: Stable Action: Affirmed EBemive Date: June 18, 2007 * Denotes Under. Review Best's Ratings plea. wet, C...: sae. 3kenn.g.3a3ipacU W ownpv.bs NTaaro. ooNOpin'pn oNVV:N: MAy romoNlhOo aumro oYlcaums a wiryndas.;. t: Issuer Credit Ratings View Definitions Long -Term: as Outlook: Stable Action: Affirmed Dale: June 18, 20D7 Reports and News Visit our NPwsRome for the latest news and Press releases for Nis company and its A.M. Best Group. AMB Credit Report - Insurance Professional (unabridged) (formerly known as Best's Company Report) - includes Bests Fm: rationale along with comprehensive analytical commentary. Petalled business overview and key financial data. L Report Revision Date: 10/02/2007 (represents the latest significant change). Historical Reports are available in AMB Credit Report - JOagfanre Professional Wnabritlaetl),A¢bi�. Boars Executive Summary Reports (Financial Overview) - available in three winners. these presemalton style reports feature balance s key financial performance tests including potability. liquidity and reserve analysis. Data Status: 2007 Bests Statement File - PIC. US. Contains data compiled as of 112412006 (QUalily Cron Checked). 1 Single Company -five years of financial data specifically on ins company. a Comparison - side- byside financial analysis of thus company with a peer group of up to five other companies you select. I Compaehe - evaluate this companys financials against a peer group composite. Report displays both the average and total composite. group. "�RAMB Credit Rep rd - alarms; Professional - provides three years of key financial data presented with colorful charts and tables. Each re latest Best's Ratings, Baling Rationale and an excerpt from our Busmess Review commentary. Data Status: Contains data compiled as of 112912008 (Quality Cross Checked). BasCS Key Rating Gm1de Presentation Report - includes Best's Financial Strength Rating and financial data as provided in Best's Key Ra Data Status: 2006 Financial Data (Quality Cross Checked). Financial and Analytical Products Besl's Property /Casualty Center - Premium Data 8 Reports Bas's Key Rating Guide - P /C. US & Canada Beat's Statement File - P /C, US Best's Statement File - Global Best's Insurance Reports - P /C, US & Canada Bests Stare Line - PIC. US Best's Insurance- Eaerse Exhibit (IEE) -P /C, US Best's Regulatory Center Markel Share Reports Besi's Schedule P (Loss RaseNeel:.P.Le-U$ Customer Service I Product Support I Member Center I Contact Info I Careers About A.M. Best I She I Privacy Poly I Secuh I Terms of Use I Legal & Licensing Copyright 0 2008 A M. Best Company, Inc All rights reserved. A.M. Bess Wwldwitle Headquarters, Ambest Road. Oklwick. New Jersey. O0858. USA. http: / /www3.ambest.com /ratings /Full Profile.asp ?BI= O &AMBNum =2001 &AItSrc =... 02/08/2008 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CASTAWAYS PARK MARINES 111 MONUMENT CONTRACT NO. 4003 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work %Of Number Total Bid Name: I Address: —r ie j�/¢��iJ Zztjj _ jl���yu A- (�jg�i V Dom' Phone: State License Number: ASIR95q Name: Address: Phone: State License Number: Name: Address: Phone: State License Number. Bidder Authorized Signaturerritle 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CASTAWAYS PARK MARINES 1/1 MONUMENT CONTRACT NO. 4003 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formill Please print or type FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name/Numbet Project Description Approximate Construction Dates: From lei O (n To: 2401 Agency Name Contact Person Original Contract Amount Telephone ( Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. co • No. 2 Project Name/Number Project Description 0 Approximate Construction �Dates: From l�0G To: W7I Agency Name urha� Contact Person MX -DL 1h Telephone Original Contract Amount $ �0"F nal Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 ` / ProjectName/Number V QI -04.5 Project Description Approximate Construction Dates: From • ffII Agency Name (- )Art UI Ault? I tAn t r !k U 7 X' 1gJQQJ �2 Contact Person — ffl4rtez, (, lh -W Telephone (i Original Contract Amount $ C+ �� F na C-'onntra�ct Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No 91 No. 4 Project Name/Number R1 Project Description n r -I Approximate Construction Dates: From ,0010 To: J I 1 Agency Name _ . I 4 'iIJ Contact Person -J L4 DLO", -5 Telephone Original Contract Amount $Final Contract Amount $ — If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. �!0 No. 5 Project Name /Number' Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 6 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superlint ndent or on -site Construction Manager for the Contractor. -a 0" W I h i M ( 7WO Y�) 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 Authorized Signature/Title 10 0 10 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CASTAWAYS PARK MARINES 111 MONUMENT CONTRACT NO. 4003 NON - COLLUSION AFFIDAVIT State of California ) s s. County of pt!� WA I being firsuly�wom, e o �ha fnnd says that he or she is of (�/rYt. the party making the fo 'ng 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. � Bidder Subscribed and sworn to (or affirmed) before me on this 7V day of FZIi 2008 by _ t ICN— D..WO &C - Aees • personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who peared before me. Gf ytA*4L, SUSAN CATONE otary Public Commission # 1534602 -/d Notary PubBc . cantomlo SEAL) Los Angeles County - My Comm. Expires Dec 13.2008 IZ • 13^ U v My Commission Expires: 0 11 • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CASTAWAYS PARK MARINES 1t1 MONUMENT CONTRACT NO. 4003 DESIGNATION OF SURETIES Bidders name �_�j(r( fn�7V� Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurancelbond type): 6von &, nor(41+ Dn5ro11. Nv :7% JV q1v-1 12 Bidders Name • . • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CASTAWAYS PARK MARINES 111 MONUMENT CONTRACT NO. 4003 Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary— Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Year of for for for for for Record 2007 2006 2005 2004 2003 Total 2008 No. of contracts Total dollar Amount of i � �JJ�6�0 Thous dsof$ / No. of fatalities O / V O o O O No. of lost Workday Cases No. of lost workday cases involving y� permanent transfer to 6 p C () V O 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 i -- c - OU6V m�a R(1 -3 Business Address: 13 QfMU Ivy Business Tel. No.: %b State Contractors License No. and --3(90 �� A 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 Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or of fewer than all of the partnersljoint 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 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CASTAWAYS PARK MARINES 111 MONUMENT CONTRACT NO. 4003 ACKNOWLEDGEMENT OF ADDENDA Bidders name E. tom. c) kG�pl The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 15 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CASTAWAYS PARK MARINES 111 MONUMENT CONTRACT NO. 4003 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 i Business Telephon California State Contractor's License No. and Class: (REQUIRED AT TIME OF AWARD) Q Original Date Issued: I W Expiration Date: List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: 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 J Tel phone / 'Do o 1D. w s hiriar��rrW� 7- � �� � hti IAf a l V�az,`P� I AIIA f�tia/ -tci Corporation organized under the laws of the State of 16 3 0 9 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: U All company, corporate, or fictitious business names - used by any principal having interest in this proposal are as follows: V) 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: f V lt/ Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes qD Are any claims or actions unresolved or outstanding? Yes )FO 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. tF'o - �'- Bidder whK4 -T) . wxlw (Print name of Owner or President of Corporation /Company) Authorized Signature/Title pr-e 0 Title Z— Date Subscribed and sworn to (or affirmed) before me on this day of r6bYLtVI .2008 J I�ert�e�lh D Walters - P2ES1o�v r by ,personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. SUSANCATONE( Q--'MVCQrnM.Bq*esDecM COnlmisslon # 1534602 [z otary Public Nofary Public - Coll}OM1a 5 LOS Angeles County If , 20 08 [SEAL] My Commission Expires: 1,2-13 -0$ 18 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CASTAWAYS PARK MARINE MONUMENT CONTRACT NO. 4003 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 VI I (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT E CASTAWAYS PARK MARINE MONUMENT CONTRACT NO. 4003 CONTRACT THIS AGREEMENT, entered into this day of )qb ' 2008, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and E.C. Construction Company, a California Corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: CASTAWAYS PARK MARINE MONUMENT The work necessary for the completion of this contract consists of removal of existing pavement, unclassified excavation, backfill, constructing new paver pavement, curb band, constructing monument foundation, and performing other appurtenances and incidental items or work as required to complete the work shown on Plans and Specifications in place. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4003, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents'). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 20 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Twenty-Seven Thousand, Four Hundred Twenty-One and 751100 Dollars ($27,421.75). 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: Iris Lee (949) 644 -3323 CONTRACTOR E.C. Construction Company 2213 Chico Avenue South El Monte, CA 91733 (626) 444 -9596 (626) 444 -3077 Fax F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract, hereby certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and 1 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 r • 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 1173) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. O 0 0 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. 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. I. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 K. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. CI A a APP VED AS TO FOR E.CC, CYOONNSTRUCTION COMPANY AR ON C. HARP (Corporate Officer) Assistant City Attorney Title: yl�r�. /� , Print Name: )6wyc -TA D. W091-lus By: CcI LLnf" (Financial Officer) Title: . %i_ Print Name: S&Mm L. tNa #-Ted s 25 Check A License: Contractoo License Detail • Page 1 of 2 Skip to CSLB Home I Content I Footer I Accessibility ara 4 C aCONTRACTORS { {# �V STATE LICENSE BOARD 11.4 Iflilllllllll 111180114 Oro CSLB Newsroom DISCLAIMER: A license status check provides information taken from the Board and Committee CSLB license database. Before relying on this information, you should be awa Meetings Disaster Information the following limitations. Center • CSLB complaint disclosure is restricted by law (8 &P 7124_6). If this entity is subject to pt CSLB Library complaint disclosure, a link for complaint disclosure will appear below. Click on the link o Frequently Asked to obtain complaint and/or legal action information. Questions • Per B &P 7071 117, only construction related civil judgments reported to the CSLB are dis Online Services • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitr • Check A License or HIS • Due to workload, there may be relevant information that has not yet been entered onto ti Registration Board's license database. • Filing a Construction Complaint • Processing Times License Number: 366814 Extract Date: 02/07/2( • Check Application Status Business E C CONSTRUCTION COMPANY • Search for a Surety Bond Information: 2213 N CHICO AVENUE Insurance Company EL MONTE, CA 91733 • Search for a Workers' Business Phone Number (626) 444 -9596 Compensation Company Entity: Corporation How to Participate Issue Date: 11/22/1978 Expire Date: 11/30/2008 License Status: This license is current and active. All Information below should b, reviewed. .. ... . ........ Classifications: CLASS DESCRIPTION A GENERAL ENGINEERING CONTRACTOR . .. . . ... ... .. ...... C-8 CONCRETE C12 EARTHWORK AND PAVING. Bonding: CONTRACTOR'S BOND This license filed Contractor's Bond number 966683C in the amou $12,500 with the bonding company INDEMNITY COMPANY OF CALIFORNIA. Effective Date: 0110112007 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) KENNETH DEE WALTERS certified that he /she owns 10 percent or more of 0 hftp: / /www2. csl b.ca.gov /General - Information /interactive -tool s /check -a -I icense/Li... 02/07/2008 Check A License: Contracto ' License Detail • Page 2 of 2 Workers' Compensation: voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 01/01/1980 ....... .._ .................. ........... ............ This license has workers compensation insurance with the REDWOOD FIRE AND CASUALTY INSURANCE CO Policy Number: 4401005889081 Effective Date: 01/01/2008 Expire Date: 01/01/2009 Workers' Compensation Histo� ............ ..:...... ........................... Personnel listed on this license (current or disassociated) are listed on other licenses. 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.csl b.ca. gov /Genera I- Information /interactive- tools /check -a- license /Li... 02/07/2008 California Business Search 0 • Page 1 of 1 1�nti�i 1 Sevrclar% of �NUW DEBF.- )LBON%EN DISCLAIMER: The information displayed here is current as of FEB 01, 2008 and is updated weekly. It is not a complete or certified record of the Corporation. Corporation E. C. CONSTRUCTION COMPANY Number: C0863795 Date Filed: 4/12/1978 Status: active Jurisdiction: California Address 2213 N. CHICO AVE. SOUTH EL MONTE, CA 91733 Agent for Service of Process KENNETH WALTERS 2213 N. CHICO AVE. 5OUTH EL MONTE, CA 91733 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. sos.ca. gov /co rpdata /S howAIlList ?QueryCorpN u m ber= C0863795 &p... 02/08/2008 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CASTAWAYS PARK MARINE MONUMENT CONTRACT NO. 4003 BOND NO. 104943141 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 287.00 , being at the rate of $ 10.45 Per thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to E.C. Construction Company, hereinafter designated as the "Principal ", a contract for construction of CASTAWAYS PARK MARINE MONUMENT, Contract No. 4003 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. 4003 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Travelers Casualty and Surety Company of America , 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 Twenty -Seven Thousand, Four Hundred Twenty -One and 75/100 Dollars ($27,421.75) 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. RW i • 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 4th day of March , 2008. L E.C. Construction Company (Principal) Travelers Casualty and Surety Company of America Name of Surety 700 N. Central Ave., Suite 800 Glendale, California 91203 Address of Surety (818) 409 -4240 Telephone Gary B. Merrill— Attorney —In —Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT 11 State of California County of Los Angeles On 3 -10 -08 before me, Susan Catone, Notary Public Date Here Inert Name and title of the Officer personally appeared Kenneth D. Walters, President Wendel N Clan >Al Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual nl�� R( Corporate Officer — Title(,): j ❑ Partner — ❑ Limited ❑ General _ AF ❑ Attorney in Fact O Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Nat ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT7HNM6PRINT OF SIGNER �N-1 vaa: ys�sc% "mss`. � - �....i.�x-scv'..+�;: e..0 ..�ac� � .�.��'�2svc- ��:c,- �✓.. ✓s.�ti use. �s:�: yc�. '- •xcgti;cy' -..>sy mssFo3-Z,,,yAgM who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/hedtheir 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. SUSAN CATONE Commissbn # 1534602 QOMy N otary PubBC - California 1 certify nder PENALTY OF PERJURY under the laws fY Los Angeles County r of the State of California that the foregoing paragraph is Comin.ExpliesDec 13,2008 true and correct. WITNESS my han and official seeal.l.j/}t �_ e f " Place Notary Seal AbO Signature Slgnabue of Notary Public OPTIONAL Though the information below is not required by law, if 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 Fa 11-9 FU V P O�Gr(�M/ 'Ck 6wo Title or Type of Document: Document Date: 3—,4-08 Number of Pages: �- Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual nl�� R( Corporate Officer — Title(,): j ❑ Partner — ❑ Limited ❑ General _ AF ❑ Attorney in Fact O Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Nat ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT7HNM6PRINT OF SIGNER �N-1 vaa: ys�sc% "mss`. � - �....i.�x-scv'..+�;: e..0 ..�ac� � .�.��'�2svc- ��:c,- �✓.. ✓s.�ti use. �s:�: yc�. '- •xcgti;cy' -..>sy mssFo3-Z,,,yAgM State of California County of Los Angeles On March 4, 2008 before me, personally appeared Gary B. Merrill CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT Priya Neilly, Notary Public (here insert name and title of the off who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the stamof bUfornia,Gountyof Los Angeles State of California that the foregoing paragraph is true and correct. S+eKtinad and ineorn to (or aNirmea) before me ondilb4th a yot March p 08 WITNESS in h and o Icial seal. pr "(Seal) l proradtom odmwd beMerHr Signature (/ OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled /for the purpose of containing pages, and dated The signer(s) capacity or authority is /are as: ❑ Individual(s) Q Attorney -in -Fact ❑ Corporate Officer(s) ❑ Guardian/Conservator ❑ Partner - Limited/General ❑ Trustee(s) ❑ Other: representing: Narne(s) of Pe,son(s) or Fntiry(iesl Signer is Rep,esennng Notarial event isdetailed in notaryjournal on: Page 9 Entry tt Notary contact: Other ❑ Additional Signers) ❑ Signer(s)Thumbprim(s) c, Copynght 2007 Notary Rotary. Inc 925 291h St, Des Moines, IA 50312 -3612 Form ACK03. 10,07 To ie order, call try free 1,877 349 0588 or visit us on the Internet at hup / /www notaryrotary com �tA► POWER OF ATTORNEY 1W TRAVELERSJ Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casually and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United Slates Fidelity and Guaranty Company Attorney -In Fact No. 2170012 Certificate No. 0 019 315 7 2 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company. and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Gary B. Merrill, and James F. Huff of the City of Pasadena , State of California , their we and lawful Anorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in arty actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of September 2007 Farmington Casualty Company Fidelity and Guaranty insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surely Company St. Paul Fire and Marine Insurance Company 4th St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company FA 11� 92 +�gh p 6 n * 4 't ° "vvnnin �:�pxrvxcr��iw J o tfex o 1977 17 >;: r rusnuat5 '1951 �tlEALapo'i "tSSxL�az°' oOFC ed"e u. sae�p �:s r ANa State of Connecticut City of Hanford ss. By: f% Georg Thompson, enior ice President On this the 4th day of September 2007before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p.TE7 In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. * pilEl�pi� 58440 -5 -07 Printed in U.S.A. RED w . � � MaC. Tenea Public This Power of Attorney is granted under and by thIlMwrity, of the following resolutions adopted by the Boards'TvDirectors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary tray appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary: and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary: or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters. Inc., Seaboard Surety Company. St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surely. Company of:America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a We and correct copy of the Power of Attorney, executed by said`' Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and aoared the seals of saidV "panes this 4th End M. Johan Assistant Secretary day of March 2008 . gqeI.51I,� :mri%' PE6 rq iXSp °i 1XdV9 JPIrV JryU IPWfO ram lYv r� IpNI® A L/c J, tsar o 1977 1627 d: it x wro. ttwrFWA 3 °. �%SEAL o'I S83L %i° Y�,.p ernEtr �sn.,Ca '1r< 'ap Mry�° To verify the authenticity of this Power of Attorney. call 1- 800 -421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CASTAWAYS PARK MARINE MONUMENT CONTRACT NO. 4003 BOND NO. 104943141 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to E.C. Construction Company, hereinafter designated as the "Principal," a contract for construction of CASTAWAYS PARK MARINE MONUMENT, Contract No. 4003 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. 4003 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, Travelers Casualty and Surety Company of America 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 Twenty-Seven Thousand, Four Hundred Twenty-One and 751100 Dollars ($27,421.75) 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 9 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 4th day of March 2008. ,0.�e E.C. Construction Company (Principal) Travelers Casualty and Surety Company of America Name of Surety 700 N. Central Ave., Suite 800 Glendale, California 91203 Address of Surety (818) 409 -4240 Telephone Gary B. Merrill— Attorney —In —Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 10 9 State of California County of Los Angeles On 3 -10 -08 before me, Susan Catone, Notary Public Date Here Insert Nanre end Tine R the otflmr personally appeared Kenneth D. Walters, President Name(e) of signer(.) SUSAN CASONE Commission # 1534602 . -W Notary pt"Ic - Comomia Los Angeles County 9My Comm. Expkes Dec 13, 2008 Playa wary seal Abwe who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/her /their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha and official seal. �y Signature slgnaWre of Notary Puellc OPTIONAL Though the information below is nor 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: �C2 M A7EeiM -S P .Mr neWT �Ot/f� Document Date: _y -Og Signer(s) Other Than Named Above: — Capacity(fes) Claimed by Signer(s) Signer's Name: ❑ Individual [fir Corporate Officer— Title(s): ED ❑ Cl Partner — O Limited ❑ General Attorney in Fact Trustee Guardian or Conservator Signer Is Representing: or VGNER in Number of Pages: Signer's Name: ❑ Individual q, ❑ Corporate Officer — Title(s): — [D Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee O Guardian or Conservator ❑ Other: Signer Is Representing: i H=, 2p, stGNER ._vi._% sue: - �'+ s: �va�' S. ys`,_ d�ii�. s..:` u3�4i,: �a✓. Ae{'.. �v5i�:' v. 1': r_< i�5vin: �'.." �y4`.; sv1= <�'&�S�ii�'•_�.".cV:S`.!u�aa�v •�F�'.,is�✓i.vtii�y....; :i State of California County of Los Angeles On March 4, 2008 CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT before me, Priya Neilly, Notary Public (here insert name and title of the officer) personally appeared Gary B. Merrill who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the persori or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hapcDndZafficial seal. Signature OPTIONAL INFORMATION state of California, County of Los Angel e s Subscribed and sworn to (or affirmed) before met onthis 4th dayof March ,2o 08 by Gar . Merrill prowl � SI �(Seal) s of laoSfKtOfy N;;M. bethe pared before e. Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled /for the purpose of containing pages, and dated The signer(s) capacity or authority is /are as: ❑ Individual(s) [Attorney -in -Fact ❑ Corporate Officer(s) Titles) ❑ Guardiamccinservator ❑ Partner - Limited /General ❑ Trustee(s) ❑ Other: representing: Nameis) of Person(s) or Enntyhes) Signer is Representing Method of Signer Identification Proved to me on the basis of satisfactory evidence: L0 form(s)of identification O credible witnesses) Notarial event is detailed in notary Journal on: Page y Envy n Notary contact: Other ❑ Additional Signers) ❑ Signeds)Thumbpnm(s) ❑ 0 Copy--9hi 2007 solely Rotary. Inc 925 290h 5t, Des Moines. IA 50312 3612 Form AC903 10107 to re ostler, call roll free 1 877 349 65M or msit us on the Internet at hup //www notaryeotarycom WARNIWIS POWER OF ATTORNEY IS INVALID WITHOUTTHE WORDER Aim POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United Stales Fidelity and Guaranty Company Attorney -In Fact No. 217012 Certificate No. 0 0 1 9 3 1 5 7 1 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, SL Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America me corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa• and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Gary B. Merrill, and James F. Huff of the City of Pasadena , State of f'alifrrrnia , their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizantus, conditional undertakings and otter writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instmnitern to be signed and their corporate seals to be hereto affixed, this day of Septernber 2007 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company 4th St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company pr.su,,r SmrtY ae a •µ!yS � 4pq a �O ,puxryr, •tlb =�c+,• ! O s aoxvVe•,irt�,:�paroa�yrr yNr�lU7 tsez o nruroatnm 1927 r X xunroao. " win r aes 9 n 1&51 � SEAL'o' SEAL/ 5 C eg_ � �p tlm �M S`. State of Connecticut City of Hartford ss. By: Georg Thompson, tpw president On this the 4th day of September 2007 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St, Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 6.TE7 In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. * p�L`0 ; 58440 -5 -07 Printed in U.S.A. Marie C. Teireau4 Notary Publie WARNI THIS POWER OF ATTORNEY IS INVALID WITHOUT THE BORDER This Power of Attorney is granted under and by [h only of the following resolutions adopted by the Boards irectors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, SL Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any pan of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may he affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company. Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety, Company OArnerici6 i4nd United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power.of Attorney .axetvted by sail 'Companies, which is in full force and effect and has not been revoked. 11 s IN TESTIMONY WHEREOF, 1 have hereunto set my hand and wed the seals of said.C"panies this 4th day of March 20 08 Kori M. Johan Assistant Secretary rf.5u,� YAEJy s !M iMS �%t y3G `' ,^t M9�oCey r�: '6 ���a � D n o Lg E MC1OW9O5R11 t ® �n• iF a ° Qot: o-n>._o.x., a arts ? � �,xSa o� �n.rn. rro'wno o � , 9 �tvixr'wnmen , i Q_z eR Y,{yo 1977 m192 p voY `SE ALarof SBALJ� rO£g tow c `SA t�6 ! a° er itW uc• tom: la -ate to ....+ `4 . +' • � -'�I7 ,INtdr` To verify the authenticity of this Power of Attorney, call 1 -800- 421 -3880 or contact us at www.travelersbond.com. Please refer to the Attomey -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL CASTAWAYS PARK MARINES 111 MONUMENT CONTRACT NO. 4003 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. 4003 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization @ IUD ktd Dollars and -21wo Cents $ 5d0' 4U Per Lump Sum Lump Sum Construction Survey @ kW Uh�i1J QQ "Dollars 26-0 — and Cents $ '_% • oy Per Lump Sum 955 S.F. Remove Existing AC Pavement and Prepare Base @ Sr T Dollars �1 Cents $ I $ Per Square Foot • • PR2of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Construct Reinforced In aI Colored Concrete Monument Foundation (� @� ' Dollars and �' ( y Cents $ :21,7 /� vv U Per Lump Sum 5. 125 L.F. Construct 6" Wide Integral Colored PCC Curb Band @� 1 Dollars and Cents $• 0 0 $750 �%� Per Linear Foot 955 S.F. Install Decorative Interlocking Pavers @ 1 Ike I V12--' Dollars p and ���� C Cents $ jZ'(o $ 1,�_jo •ptQ Pe r Square Foot 7. 25 S.F. AC Patchback @a N,--Dollars t and Cents Per Square Foot 8. Lump Sum As-- Built Drawings 1 0-1 Dollars and �r() Cents $ 7.00 Per Lump Sum 0 0 PR3of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9. Lump Sum Maintenance and Protection of Project Site @ Uwt hd liars and Cents Per Lump Sum TOTAL PRICE IN WRITTEN WORDS -W, ,4 �`�u5arj FoVf and (%Q� ''Gents 2 •-0 - a�` Date 6-1b 44q -q_5� -*011 Bidder's Telephone and Fax Numbers 15Wg4 A Bidders License No(s). and Classification(s) Bidders email address: $ 150.IDD $Z7��� Total Price (Figures) E -� • �o�"bir�lA�l Bidder Bidder's Authorized Signature and Title -n :5 GMcx) Aye r 5 t2lM.oK�,C� Bidders Address q IT" Last saved by srooksOl /09/200610:27 AM fluserslpbvAsbaredlcontract* 07- Oftashamys park marine monument cc4004roposal c4003.dDc 0 0 r 1 1 1 1 2 2 2 2 2 2 2 2 3 3 3 K� PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS CASTAWAYS PARK MARINES 111 MONUMENT CONTRACT NO. 4003 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -5 PLANS AND SPECIFICATIONS 2 -53 Submittals 2 -5.31 General 2 -6 WORK TO BE DONE SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -1 LOCATION 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 r 1 1 1 1 2 2 2 2 2 2 2 2 3 3 3 K� • • 6 -9 LIQUIDATED DAMAGES SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK 7-8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water 7 -8.6 Water Pollution Control 7 -8.6.1 Best Management Practices and Monitoring Program 7 -8.8 Protection of Completed Work 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access 7 -10.2 Storage of Equipment and Materials in Public Streets 7 -10.3 Street Closures, Detours, Barricades 7 -10.4 Public Safety 7- 10.4.1 Safety Orders 7 -15 CONTRACTOR LICENSES 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS SECTION 9 MEASUREMENT AND PAYMENT 9.3 PAYMENT 9 -3.1 General 9 -3.2 Partial and Final Payment PART 2--- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel 201 -8 201 -8.1 SECTION 215 SAND Bedding Sand CONCRETE PAVERS 215 -1 CONCRETE PAVERS CI 4 4 4 4 5 5 5 5 5 6 6 6 6 6 7 7 7 7 9 9 9 9 9 9 9 9 9 9 M PART 3--- CONSTRUCTION METHODS SECTION 300 EARTHWORK 10 300 -1 CLEARING AND GRUBBING 10 300 -1.3 Removal and Disposal of Materials 10 300 -1.3.1 General 10 300 -1.3.2 Requirements 10 300 -1.5 Solid Waste Diversion 10 SECTION 302 ROADWAY SURFACING 11 302-5 ASPHALT CONCRETE PAVEMENT 11 302 -5.1 General 11 302 -5.4 Tack Coat 11 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 8 302 -6.6 Curing 8 PART 7 — ARTIST'S CONTACT INFORMATION Benjamin Victor Benjamin Victor Studios 1200 S. Jay Street Aberdeen, SD 57401 (605) 380 -4528 Last saved by mboey0l /09/2008 8:35 AM f:\users\pbwlshared\cDn= Vnasters�nmters for contract set up4mWer specs mdexAm • • SP 1 OF 11 CITY OF NEWPORT BEACH Frak PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS CONTRACT NO. 4003 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. P- 5214 -S); (3) the City's (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 2-5 PLANS AND SPECIFICATIONS 2 -5.3 Submittals 2 -5.3.1 General. Add to this section, "Prior to commencement of construction, a constructed sample section of the Decorative Concrete Pavers shall be submitted to and approved by the City. The sample shall be 3 -feet by 3 -feet sectional veneer." 2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of removing of existing pavement, unclassified excavation, backfill, constructing new paver pavement, curb band, constructing monument foundation, and performing other appurtenances and incidental items or work as required to complete the work shown on Plans and Specifications in place." n • SP 2 OF 11 SECTION 3--- CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor." SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. • SECTION 5 - -- UTILITIES • SP 3 OF 11 5 -1 LOCATION. Add the following after the and paragraph: "Upon completion of the work or phase of work, the Contractor shall remove all USA utility markings within five (5) working days of completion, or no later than May 6, 2008, whichever is earlier." SECTION 6--- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed.' No work shall begin until a "Notice to Proceed" has been issued, a pre - construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 20 consecutive working days after the date on the Notice to Proceed. All work, including the removal of utility markings must be completed no later than May 6, 2008. 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 15t (New Year's Day), the third Monday in January (Martin Luther King Day), the thins Monday in February (President's Day), the last Monday in May (Memorial Day), July 4d', the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24"', (Christmas Eve), December 25th (Christmas), and December 31st (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December 0 • SP 4 OF 11 31st falls on a Sunday, the following Monday is a holiday. If January 13t, July 4th, November 11th December 24th December 25t or December 31st falls on a Saturday, the Friday before is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:30 a.m. to 4:30 p.m., Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $123.00 per hour when such time periods are approved. 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 $2,000.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $2,000.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, pedestrian traffic, and complete all work on time." SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. The contractor shall coordinate and cooperate with City maintenance activities within and around Castaways Park. 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 0 • SP5OF11 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. 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:Hwww. city. newport- beach.ca.us/pubworks/links.htm." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP plan 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 plan 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. 7-8.8 Protection of Completed Work. The Contractor shall be responsible for protecting and maintaining all work covered under this Contract between work completion and May 31, 2008. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard 0 • SP6OF11 Specifications and the Work Area Traffic Control Handbook (WATCH), published by Building News, Inc. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area, existing trail, landscaping and above ground features within Castaways Park. The Contractor shall restore the laydown area to its pre - construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plan(s) for the trail and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detour plans shall meet the following requirements: 1. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 2. All advanced warning sign installations shall be reflectorized and/or lighted. 27 -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." • • SP 7 OF 11 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a "A ", "C -8 ", or "C -29" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. The "As- Built" plans shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9-- MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No.1 Mobilization: Work under this item shall include providing bonds, insurance and financing, preparing the SWPPP or BMP Plan and construction schedule, and all other related work as required by the Contract Documents. In addition, work under this item shall include delivering all required notifications, post signs and all costs incurred notifying nearby residences. In addition, this item includes providing the pedestrian and bicyclist traffic control required by the project including, but not limited to, signs, cones, and barricades. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the project plan and specifications, and City of Newport Beach Requirements. • • SP80F11 Item No. 2 Construction Survey: Work under this item shall include all labor, tools, equipment, and material costs to provide construction surveying, and all other work items as required to complete work in place. Item No. 3 Remove Existing AC Pavement and Prepare Base: Work under this Rem shall include saw - cutting, removing and disposing of existing improvements and any spoil material, excavating to accommodate the depth required for the pavement section, grading, compacting subgrade to provide 8 inches of 95 percent over - excavated recompacted Class II base, importing suitable material for backfill, placing 1 inch of densified bedding sand per Contract Plan, and all other work items as required to complete work in place. Item No. 4 Construct Reinforced Integral Colored Concrete Monument Foundation: Work under this item shall include the construction of the steel reinforced monument foundation and all other work items required to complete work in place. Reinforced Monument Foundation shall be constructed of slate -gray integral colored concrete that matches Decorative Paver color, per Contract Plans. A clear non - metallic, non - shrink, elastromeric, waterproof sealant shall be applied to the foundation joint edges and all items associated with this item. Item No. 5 Construct 6 -inch Wide Integral Colored PCC Curb Band: Work under this item shall include constructing of the steel reinforced 6 -inch wide PCC Curb Band, and all other work items as required to complete work in place. The work under this item shall join flush with the adjacent existing landscaping /earth or AC pavement. The slate -gray integral colored concrete shall match Decorative Paver color. Repair to any damaged or removed existing improvements as a result of this item, and all other work items, shall be included as part of this Item's bid price. Item No. 6 Install Decorative Interlocking Pavers: Work under this item shall include furnishing and installing Decorative Interlocking Pavers with joint sand as detailed in the Contract Plans, and all other items as required to complete the work in place. The work under this item shall join flush with the existing AC pavement and Curb Band, as indicated in Item 5. Repair to any damaged or removed existing improvements as a result of this item, and all other work items, shall be included as part of this Item's bid price. Item No.7 AC Patchback: Work under this item shall include the saw - cutting and removal of existing AC pavement section and construction of a 1 -foot wide by 1 -foot deep AC patchback, tack coat, and all other work items required to complete work in place. The AC patchback shall be placed from a hot mix. Item No.8 As -Built Drawings: Work under this item shall include all actions necessary to provide "as- built" construction drawings. These drawings must be kept up to date and submitted to the Engineer for review prior to request for payment. • • SP 9 OF 11 Item No. 9 Maintenance and Protection of Project Site: Work under this item shall include the maintenance and protection of all work under this Contract and the Monument and Donors Plaque that will be installed at the project site after the completion of work under this Contract. Monument and Donors Plaque shall be securely covered with a suitable heavy- weighted cloth material approved by the Engineer. The Contractor shall provide suitable barricading equipment approved by the Engineer to prevent all non -City staff from entering the project site. Work under this Item shall be covered from the Contract completion date to May 31, 2008. 9-3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE. MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560 -C- 3250." 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 3 -inch minimum cover unless shown otherwise on the plans." 201-8 SAND 201 -8.1 Bedding Sand. The gradation for the bedding sand shall conform to ASTM C 33, unless shown otherwise on the plans. Add to this section: 'Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 3 -inch minimum cover unless shown otherwise on the plans." SECTION 215 --- CONCRETE PAVERS 215 -1 CONCRETE PAVERS Add to this Section: "All concrete pavers shall conform to ASTM C1272. The materials and colors of the blocks are detailed in the following table: Block Type I Dimensions tLxWxD Color Pattem Ack e l ocks Antique Kobbl Kobbl e Blocks 8 318 in. x 5 318 in. x 3.15 in. 100% Slate Gray Color Herringbone 0 • SP 10 OF 11 One source for pricing on concrete pavers can be obtained by contacting Ed Lopez at Sepulveda Building Materials in the city of Laguna Niguel at (949) 347 -2100. PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: "Disposal of 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: hftp: / /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. Joints to existing pavement lines shall be full depth sawcuts. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. 300 -1.3.2 Requirements 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. • SP 11 OF 11 SECTION 302 -- ROADWAY SURFACING 302-5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: °The asphalt concrete (A.C.) used shall be III -C3 -AR -4000. 3025.4 Tack Coat. Add to this section: "Prior to placing the asphalt concrete patches, a tack coat of Type SS -1 h asphaltic emulsion at a rate not to exceed one — tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." PART 7 ARTIST'S CONTACT INFORMATION Benjamin Victor Benjamin Victor Studios 1200 S. Jay Street Aberdeen, SD 57401 (605) 380 -4528 www.ben'aminvictor.com F: \Users1PBW\SharedlContracts \FY 07- 08\Castaways Park Marine Monument C-4003\SPECS C- 4003.doc ID D DATE (MM ND Y A-CORA CERTIFICATIPF LIABILITY INSURAN GPx scco -1 02/12/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Supple - Merrill & Driscoll Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Inauraaca AgiTt6.,.� Brokerg HOi,DER. THIS CERTIFICATE DOES NOT AMEND, EXTEND..O.R, 'A`FFORDEDBY P. 0. Box 2408 ALTERTHECOVEOGE THE POLICIES BELOW. UNITS Pasadena CA 91102 Phoneeb26- 795 -9921 Pax:626 -577 -6656 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA: Liberty Surplus Insurance 51,000,000 INSURER B: American States Ina. Co. $100.000 A INSURER C: Mdwo Tire c C&Mn LtY Ins Co X COMMERCIAL GENERAL LIABILITY E.C. Construction Co. 2213 N. Chico South E1 Monte CA 91733 I INSURER D: RSIII Indemnity 09/01/08 NSURER E: $5,000 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. bK LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE M6VDD/YY DATE MMI TI N UNITS GENERAL LIABILITY EACH OCCURRENCE 51,000,000 TAMETUTIETED' PREMISES (Ea C rence $100.000 A X X COMMERCIAL GENERAL LIABILITY DGL- SP- 184852 -026 09/01/07 09/01/08 MED EXP(Any ogre person) $5,000 CLAIMS MADE OCCUR PERSONAL &ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 G 1. AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OPAGG 52,000,000 POLICY X JECCT LOC B AUTOMOBILE LIABILITY ANYAUTO 02 -CE- 190060 -10 03/28/08 01/01/09 COMBINED SINGLE LIMIT (EaacedwO S1,000,000 X BODILY INJURY (Per person) 5 ALL OW NED AUTOS SCHEDULEDAUTOS BODILY INJURY (Per accIdeal) $ X HIRED AUTOS NON -OWNED AUTOS X X PROPERTY DAMAGE (PeraWdent) S $1,000 X $1,000 GARAGE LIABILITY AUTO ONLY -EA ACCIDENT S OTHER THAN EA ACC AUTO ONLY: AGG S ANY AUTO S EXCESSRJMSRELLA LIABILITY EACH OCCURRENCE $5,000,000 AGGREGATE s5,000,000 D X I OCCUR FI CLAWSMADE NRA219711 09/01/07 09101108 S $ DEDUCTIBLE $ RETENTION S WORKERS COMPENSATION AND X I TORYLIMITS ER `, ANPLOYERIETORILTY ANY PROPRIETOR/ EXCLUDED? OFFICER'MEMBER EXCLUDEDT 4401005889 -081 01/01/08 61/01/09' E.L:EACHACCIDENT .. $1000000 E.L. DISEASE - EA EMPLOYE $1000000 desnibe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT 51000000 OTHER B Equipment Floater 01 -CIA- 457583 -02 D3/28/08 01/01/09 Rented/ $85,000 Leased DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Newport Beach, its officers, agents, officials, employees and volunteers are named as additional insured as respects the insured's operations per CGL 1038 1103 attached and Auto Liability per Ultra Auto Plus Endorsement attached. *Ten days notice of cancellation for non- payment of premium. CERTIFICATE MOLDER CANCELLATION NEWBEAC ✓City of Newport Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYSWR17TEN Public Works Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Attn: Shauna Lyn Oyler 3300 Newport Boulevard Newport Beach CA 92663 IMPOSE NO OBLIGATION OR LIABILITY OF ANY IUND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTNO aE PRESENTATNE ACORD 25 (2007108) [ /' "w // //// Oi w, vCORD VOR RAl lLIn 1988 Lm Soon ENDOILSEMEN'f NO. '1'Hlc 1•:�UUIt5ED1EN'1' f.'H� \C &S TH>i POLICY. PLEASE READ IT CAREFULLY. r.ndmsenxnt Fi ecure llate: September 1, 2007 Policy No.: DGL- SF- 184852 -026 irsur md- E.C. Construction ADDITIONAL INSURED - OWNERS. LESSEES OR CONTRACTORS - CONIPLETED OPFRATIONS SCHEDULE Name of Person or (5rganization: City of Newport Beach, its Officers, Agents, Officials, Employees and Volunteers -Cuca[ion and Description of Completed Operations: Castaways Park Marine 111 Monument Additional Premium: .0 army appears above, information required to Complete this endorsement will be shown in the Declarations ati amp ir;able. to this endorsement.) 5ei:bun 11 - Who is An Insured is amended to i Wude as an insured the person oe organization shown in the Sunedlde •nit only with respect to liab:hly arising out of "your work" at the location designated and described in III.: 6cnedula of this endorsement performed for that Insured and included in the "products - completed operations nn-'ar S, •.,t. 11h, III)- P4ge I of I 9 0 Commercial General Liability i 9 LS1 LIBERTY SURPLUS INSURANCE CORPORATION (A tonh,, ul Libcm Num>I G,oup• bcmmanc, "ihc Lrnnpmn "t ENDORSEMENT NO. 14 Effective Date: 9/1/2007 Policy Number: DGI.SF184852026 Issued To: E.C. Construction Co. THIS ENDORSEMENT1 CHANUES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE CLAUSE ENDORSEMENT To the extent that this insurance is afforded to any additional insured under the policy, such insurance shall apply as primary and not contributing with any insurance carried by such adchoonal insured, as required by %tmucn contract. Nothing herein contained shall be held to waive, vary, alter or extend any condition or provision of the policy other than as above stated. CGL 1031 0403 LSImpi Lab:np i�.gJs luntrmce i:ognuamm 0 0 ENDORSEMENT NO. TDORSEME HIS EN NT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Endorsement Effective Date: September 1, 2007 Policy No.: DGL- SF- 184852 -026 insured: E.C. Construction ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — COMPLETED OPERATIONS SCHEDULE or City of Newport Beach Castaways Park Marine 111 Monument !If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section It — 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 nazard ". 0A. 1018 110" Page t of I Insurance 0 I� RCfR11VICV �RVM IRC �VRMJ LIGRIIRI COMMERCIAL AUTO CA 71 10 09 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ULTRA AUTO PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. EXTENDED CANCELLATION CONDITION Paragraph 2.b. of the CANCELLATION Common Policy Condition is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. TEMPORARY SUBSTITUTE AUTO — PHYSICAL DAMAGE COVERAGE Under paragraph C. — CERTAIN TRAILERS, MO- BILE EQUIPMENT AND TEMPORARY SUBSTITUTE AUTOS of SECTION f — COVERED AUTOS, the following is added: If Physical Damage coverage is provided by this Cov- erage Form, then you have coverage for: Any "auto" you do not own while used with the per- mission of its owner as a temporary substitute for a covered "auto" you own that is out of service be- cause of its breakdown, repair, servicing, "loss" or destruction. BROAD FORM NAMED INSURED SECTION II — LIABILITY COVERAGE — A.I. WHO IS AN INSURED provision is amended by the addition of the following: d. Any business entity newly acquired or formed by you during the policy period provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is extended up to a maximum of 180 days following acquisi- tion or formation of the business entity. Coverage under this provision is afforded only until the end of the policy period. BLANKET ADDITIONAL INSURED SECTION II — LIABILITY COVERAGE — A.1. WHO IS AN INSURED provision is amended by the addition of the following: e. Any person or organization for whom you are re- quired by an °insured contract" to provide insur- ance is an "insured ", subject to the following additional provisions: (1) The "insured contract" must be in effect during the policy period shown in the Decla- rations, and must have been executed prior to the "bodily injury" or "property damage ". (2) This person or organization is an "insured" only to the extent you are liable due to your ongoing operations for that Insured, whether the work is performed by you or for you, and only to the extent you are held liable for an "accident" occurring while a covered "auto" Is being driven by you or one of your em- ployees. (3) There is no coverage provided to this person or organization for "bodily injury" to its em- ployees, nor for "property damage" to its property. (4) Coverage for this person or organization shall be limited to the extent of your negli- gence or fault according to the applicable principles of comparative negligence or fault. (5) The defense of any claim or "suit" must be tendered by this person or organization as soon as practicable to all other insurers which potentially provide insurance for such claim or "suit ". Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 Salem and die Salem logo ere registered traderraMs cl Salem Co"refim CA 71 10 09 05 Page 1 of 5 EP rtcrrtur ic�rnvm inc r�nmo u"rtnn (6) The coverage provided will not exceed the 4. The most we will pay for a total "loss" in any one lesser of: "accident" is the greater of the following, subject (a) The coverage and/or limits of this policy; to a $1,500 maximum limit: or a. Actual cash value of the damaged or stolen (b) The coverage and/or limits required by property as of the time of the "loss ", less an the "insured contract ". adjustment for depreciation and physical condition; or (7) A person's or organization's status as an 'insured" under this subparagraph d ends when your operations for that "insured" are completed. FELLOW EMPLOYEE COVERAGE — EXECUTIVE OFFICERS Exclusion 5. FELLOW EMPLOYEE of SECTION II — LIABILITY COVERAGE — B. EXCLUSIONS is amended by the addition of the following: This exclusion does not apply to liability incurred by your employees that are executive officers. PHYSICAL DAMAGE — ADDITIONAL TRANS- PORTATION EXPENSE COVERAGE The first sentence of paragraph A.4. of SECTION III — PHYSICAL DAMAGE COVERAGE is amended as follows: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. EXTRA EXPENSE — BROADENED COVERAGE Paragraph A. — COVERAGE of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add: 5. We will pay for the expense of returning a stolen covered "auto" to you. AIRBAG COVERAGE Under paragraph B. — EXCLUSIONS of SECTION III — PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. LEASE GAP COVERAGE Under paragraph C — LIMIT OF INSURANCE of SECTION III — PHYSICAL DAMAGE COVERAGE, the following is added: b. Balance due under the terms of the loan or lease that the damaged covered "auto" is subject to at the time of the "loss ", less any one or all of the following adjustments: (1) Overdue payment and financial penalties associated with those payments as of the date of the "loss ". (2) Financial penalties imposed under a lease due to high mileage, exces- sive use or abnormal wear and tear. (3) Costs for extended warranties, Cre- dit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease. (4) Transfer or rollover balances from previous loans or leases. (5) Final payment due under a "Balloon Loan ". (6) The dollar amount of any un- repaired damage that occurred prior to the "total loss" of a covered "auto ". (7) Security deposits not refunded by a lessor. (8) All refunds payable or paid to you as a result of the early termination of a lease agreement or any war- ranty or extended service agree- ment on a covered "auto ". (9) Any amount representing taxes. (10) Loan or lease termination fees GLASS REPAIR — WAIVER OF DEDUCTIBLE Under paragraph D. — DEDUCTIBLE of SECTION III — PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. AMENDED DUTIES IN THE EVENT OF ACCI- DENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITION 2.a. — DUTIES IN THE EVENT OF ACCIDENT, CLAIM, Page 2 of 5 ncrnnv m�rn�m inc rvnma u"nwa, SUIT OR LOSS — of SECTION IV — BUSINESS HIRED AUTO PHYSICAL DAMAGE COVERAGE — AUTO CONDITIONS that you must notify us of an LOSS OF USE "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV — BUSINESS AUTO CONDITIONS — B.2. is amended by the addition of the following: If you unintentionally fail to disclose any hazards ex- isting at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. RESULTANT MENTAL ANGUISH COVERAGE SECTION V — DEFINITIONS — C. is replaced by the following: "Bodily injury" means bodily injury, sickness or dis- ease sustained by a person including mental anguish or death resulting from any of these. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability cov- erage and if Comprehensive, Specified Causes of Loss or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow of the private passenger or light truck (10,000 lbs. or less gross vehicle weight) type, subject to the following limit. The most we will pay for loss to any hired "auto" is $50,000 or Actual Cash Value or Cost of Repair, whichever is smallest, minus a deductible. The de- ductible will be equal to the largest deductible appli- cable to any owned "auto" of the private passenger or light truck type for that coverage. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, de- ductible and excess provisions, we will provide cov- erage equal to the broadest coverage applicable to any covered "auto" you own of the private passenger or light truck type. SECTION III — PHYSICAL DAMAGE AA.b. Form does not apply. Subject to a maximum of $1,000 per accident, we will cover loss of use of a hired "auto" if it results from an accident, you are legally liable and the lessor in- curs an actual financial loss. RENTAL REIMBURSEMENT COVERAGE A. This coverage applies only to a covered "auto" of the private passenger or light truck (10,000 lbs. or less gross vehicle weight) type. B. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" be- cause of a covered "loss" to a covered "auto." Payment applies in addition to the otherwise ap- plicable amount of each coverage you have on a covered "auto." No deductibles apply to this coverage. C. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: 1. The number of days reasonably required to repair or replace the covered "auto." If 'loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you. 2. 30 days. D. Our payment is limited to the lesser of the fol- lowing amounts: 1. Necessary and actual expenses incurred. 2. $50 per day. E. This coverage does not apply while there are spare or reserve "autos" availableto you for your operations. F. If loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not al- ready provided for under the PHYSICAL DAM- AGE COVERAGE Coverage Extension. G. The Rental Reimbursement Coverage described above does not apply to a covered "auto" that is described or designated as a covered "auto" on CA 71 10 09 05 Page 3 of 5 EP nernin mu rnum me rvnma uo,wn, • Rental Reimbursement Coverage Form CA 99 23. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE A. Coverage 1. We will pay with respect to a covered "auto" for "loss" to any electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only if the equipment is permanently installed in the covered "auto" at the time of the loss" or the equipment is removable from a housing unit which is permanently installed in the covered "auto" at the time of the loss ", and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto." 2. We will pay with respect to a covered 'auto" for "loss" to any accessories used with the electronic equipment described in paragraph A.1. above. However, this does not include tapes, records or discs. 3. If Audio, Visual and Data Electronic Equip- ment Coverage form CA 99 60 or CA 99 94 is attached to this policy, then the Audio, Vi- sual and Data Electronic Equipment Cover- age described above does not apply. B. Exclusions The exclusions that apply to PHYSICAL DAM- AGE COVERAGE, except for the exclusion relat- ing to Audio, Visual and Data Electronic Equipment, also apply to this coverage. In addi- tion, the following exclusions apply: We will not pay for either any electronic equip- ment or accessories used with such electronic equipment that is: • the manufacturer for the installation of a radio. C. Limit of Insurance With respect to this coverage, the LIMIT OF IN- SURANCE provision of PHYSICAL DAMAGE COVERAGE is replaced by the following: 1. The most we will pay for "loss" to audio, vi- sual or data electronic equipment and any accessories used with this equipment as a result of any one "accident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss "; or b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. C. $1,000. 2. An adjustment for depreciation and physical condition will be made in determining actual cash value at the time of the "loss." 3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. D. Deductible Necessary for the normal operation of the 2 covered "auto" for the monitoring of the covered "auto's" operating system; or 2. Both: a. an integral part of the same unit housing any sound reproducing equipment de- signed solely for the reproduction of sound if the sound reproducing equip- ment is permanently installed in the covered "auto "; and 3. b. permanently installed in the opening of the dash or console normally used by Page 4 of 5 If loss" to the audio, visual or data elec- tronic equipment or accessories used with this equipment is the result of a "loss" to the covered "auto" under the Business Auto Coverage Form's Comprehensive or Colli- sion Coverage, then for each covered "auto" our obligation to pay for, repair, return or re- place damaged or stolen property will be re- duced by the applicable deductible shown in the Declarations. Any Comprehensive Cov- erage deductible shown in the Declarations does not apply to "loss" to audio, visual or data electronic equipment caused by fire or lightning. If "loss" to the audio, visual or data elec- tronic equipment or accessories used with this equipment is the result of a "loss" to the covered "auto" under the Business Auto Coverage Form's Specified Causes of Loss Coverage, then for each covered "auto" our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. If "loss" occurs solely to the audio, visual or data electronic equipment or accessories used with this equipment, then for each cov- ered "auto" our obligation to pay for, repair, rtcrnm icu rnvm me rvnrvu uortnrt, return or replace damaged or stolen property PERSONAL EFFECTS COVERAGE will be reduced by a $100 deductible. A. SECTION III — PHYSICAL DAMAGE COVER - 4. In the event that there is more than one ap- AGE, AA. COVERAGE EXTENSIONS, is plicable deductible, only the highest deduct- amended by adding the following: ible will apply. In no event will more than one deductible apply. c. Personal Effects Coverage BLANKET WAIVER OF SUBROGATION We waive the right of recovery we may have for pay- ments made for "bodily injury" or "properly damage" on behalf of the persons or organizations added as insureds" under Section II — LIABILITY COVERAGE — A.I.D. BROAD FORM NAMED INSURED and A.I.e. BLANKET ADDITIONAL INSURED. For any Owned •auto" that is involved in a covered "loss ", we will pay up to $500 for "personal effects" that are lost or damaged as a result of the covered °loss ", without applying a deductible. B. SECTION V — DEFINITIONS is amended by ad- ding the following: Q. "Personal effects" means your tangible property that is worn or carried by you, ex- cept for tools, jewelry, money, or securities. CA 71 10 09 05 Page 5 of 5 EP - ACORD_ CERTIFICATIWF LIABILITY INSUMNW OP ID D DATE(MM001"I'll SCCON -1 02/12/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Supple - Merrill & Driscoll Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Agents and Brokers HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 2408 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pasadena CA 91102 EACH OCCURRENCE Phone:626- 795 -9921 8ax:626 -577 -6656 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: l dw Fire A Caaaalty Ing Co PERSONALS ADV INJURY INSURER B: INSURERC: $ S.C. Construction Co. 2213 N. Chico South $1 Monte CA 91733 INSURER D: S INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY ATE N I DATE MMIOO LIMITS 3300 Newport Boulevard X GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE 7] OCCUR REPRESENTATIVES. AllTHD E EPRESENTATNE EACH OCCURRENCE $ PREMISES (Ea oaurence ) $ MED EXP (Any one person) S PERSONALS ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY 7 PRO- LOC PRODUCTS - COMPIOPAGG S AUTOMOBILE LUIBIUTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON -OWNEDAUTOS COMBINED SINGLE LIMIT (Eaacadenq S BODILY NJURY rso (PWpen) $ BODILY INJURY (Per amdeM) S PROPERTY DAMAGE (Pa sodden) S GARAGE LIABILITY ANYAUTO AUTO ONLY -EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESSIUMBRELLA LIABILITY OCCUR FI CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE S AGGREGATE $ E E E A WORKERS COMPENSATION AND EMPLOYERS' IETORILTTY ANY PROPRIETORlEXCLUDEIEI(ECUTIVE OyFyeeFSsICER/MEMBEREXCLUDED? SPECICALL PROVISIONS below 4401005889 -081 01/01 /08 01/01/09 X I TORY LIMITS ER E.L. EACH ACCIDENT $1000000 E.L. DISEASE •EAEMPLOYE $IOODOOO E.L. DISEASE - POLICY LIMIT $1000000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: Castaways Park Marine 1/1 Monument - which includes Waiver of Subrogation. *Ten days notice of cancellation for non - payment of premium /non reporting of payroll. Employers Liability $1,000,000 per accident /aggregate policy limit. CERTIFICATE HOLDER CANCELLATION NENBSAc SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Newport Beach DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYSWRITTEN Public Works Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Attn: Iris Lee IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 3300 Newport Boulevard Newport Beach CA 92663 REPRESENTATIVES. AllTHD E EPRESENTATNE ACORD 25 (2001108) ORD CORPORATION 1988 ,Vj • 0 _-CORD. CERTIFICATE OF LIABILITY INSURANCE DPID n oATF NMWDp YY, npppucLN supplo- NCrrill s Driacoll Iuc. Insurance Agents and Brokers P. 0. Box 2408 PRBadana CA 91102 C ON -1 O2 12 OR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATMTS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORD ED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE NAA)Cp INSURER A: yµ.eeE ]lie t L1.c.f tY Y\ Ce Phone: 626-795 -9921 Fax:626- 577 -6656 _ INSUREe B.C. Construction CO. 2313 N. Chico South 81 Monte CA 91733 INSURERS: _ INSURERC: INEURERO: INSURERE' YV THE POLICIES M INSURANCE LISTED BELOW HAVE MGM ISSUED TO THE INSURED WNEDAPOK FDA TUG POLICY MW O IWICATFO. NDTWITHSTAWWM ANY REQUIREMENT, TEAM OR CONDITION MAW CONTMCT OR OTHER DOCUMENT WRH RESPECT TO WHICH NO CERTIFICATE MAY BE ISSUED OR MAYPERTAIN THE NSVRANCEAFFORDED BY THE POCCES DESCRIBED HEREIN III SUBJECT TO ALL THE TERMa EKCLIISKINS \Nn (:rHmrtlDVSnG suOM POLICIES, AGGREGATElIMRS SHOWN MAY HAVE BEEN REDUCED BY PAID CMMS. WHY TR N58 TYPEOL WSURAICE - MUCYNUMDR Fo , LIW DATE MWp DATE MMID TE I GENEMLLIABLTY OCCURRENCE S x LOMNhKIAL0 HU%L UASARY FEACH pMlnppTMTIrRILtl�' 1 CUNSLIAOE ❑OCCUR i _MEDALIES1EaOmsence) MEOEKPPOYOMpq'pI IS - 'iS1160N \CLAW INJURY �i REWTE J I, GENL AGGREGAT LIMIT APPLIES PER RMAAG S- COMWPAGG �y POLICY 0 5MT ElLoc I AUTOMO ILEMAHILTTY COMBINED SINGLE LIMIT L ANY AUTO IER ia6dN ) ALLOWNEOAIROA ' BODILY NV S SCHEDULEDAU10a i LPN CfIEBIII I} BODLY INJURY S HIRED AUT08 NON-0WHEDAlR08 NM yAIleM) PROPERTY DAMAGE G —... IPNiNOMH GARAGE LIABILITY AUTOONLY- fAADCIDENT S . EA AD: .1, ANY AUTO S _._ AtY3 f EKCESSNHBRFLLALWInTT 6WH000URRENCE S -I OCCUR CLAMS MADE AGGREGATE i f pEWCTIpIG PETENTgN 5 "AI.: Tti S WORKERS COMPENSATRON ANO - '•N.: VE:ffC.1 x T A EMPLOYERS LIA&LDY ANYPROPPoETC PA TNERIE%ECUTNE 1 WDEUT 49010D5839 �d>('1 — AO`1 +ZBY'J -08 Ol /Ol /O9 EI FAN ACCIDENT $IODDOOO E.L DISEASE• EA EVLOYEE S 10, 00000_ NOFFFFiICEERIM H M.CILIMR _ ONpr E.L DEEABE � S 1000000 VIM.PROYJSIONS VIRM OGGCRIPTION OP OPGMTIONII iLOCATNN16l ViNICLY( F% GLYPONB ADppp pY CND011J;- CHTIFPCCM1.p VINOW Ret Castaways Park Marine 1/1 monument - which included Waiver of gubrogatien. -Tin d4io netice.o£ can06llaLi611 for non - payment or pramiUm /non reporting of payroll." Bmployeta "Liability $1,000,000 per accident /aggregate policy limit.' NSWBSAC SHOULD WY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORETHE ETHMTIO, City of Newport Beach DATE THEREOF, THE ISSUING INSURER' LENDEAVOR TO MNL f30 OAY3WMVTEN Public Works Department NOTICE TO THE CERTIFICAT E HOLDER MMED TO THE LEFT, BUT FARBRE TO DO SO HALL atcaN Icis Lee 3300 Newport Boulevard WPOSE NO OWNSATICM DR UABLITV OF ANY KIND UPON THE INSURER. ITS AGENTS OR Newport Beach CA 92663 REPRESENTATWES. A 0 0 WORKERS COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE POLICY WAIVER Of OUR RIGHT TO RECOVER FROM U I HERS ENDORSEMENT WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON(S) OR ORGANIZATION(S) NAMED IN THIS SCHEDULE. THIS AGREEMENT APPLIES NOT 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 ACCHRATFl Y SEGREGATING THE REMUN- ERATION OF YOUR EMPLOYEES WHILE ENGAGED IN THE WORK DESCRIBED IN THE SCHEDULE. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 5% OF THE CAL- IFORNIA WORKERS' COMPENSATION PREMIUM OTHERWISE DUE ON SUCH REMUNER- ATION. MINIMUM PREMIUM: $50. SCHEDULE, City of Newport Beach Public Works Department Attn: Iris Lee 3300 Newport Boulevard Newport Beach, CA 92663 JOB DESCRIPTION: WC- 04-03 -06 Paving/Concrete, Job #4003, Castaways Park Marine 111 Monument This endorsement changes the policy to which it is attached and is effective an 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 01/0112008 Policy No.4401005889 -081 Endorsement No. 2 Insured E.C. CONSTRUCTION CO. (A CORP) Premium $ Insurance Company Countersigned by Redwood Fire And Casualty Insurance Company 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: February 15, 2008 February 18, Date Completed: 2008 Dept. /Contact Received From: Sent to: Shauna Oyler By: Company /Person required to have certificate: v GENERAL LIABILITY A. INSURANCE COMPANY: Liberty Surplus Ins. B. AM BEST RATING (A: VII or greater): A XV Shauna Rhonda Hernandez E.C. Construction Co. C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? D. LIMITS (Must be $1M or greater): What is limit provided? E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence' wording? ® Yes ❑ No 2 Mill Agg /1 Mil occ ® Yes ❑ No N Yes ❑ No ❑ Yes ® No 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: American States Ins. Cc B. AM BEST RATING (A: VII or greater) AXV C. ADMITTED COMPANY (Must be California Admitted) Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM): What is limits provided? 1Mil E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 0 0 III. WORKERS' COMPENSATION A. INSURANCE COMPANY: Redwood Fire & Casualty B. AM BEST RATING (A: VII or greater): C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? GL: Primary Endorsement missing WC: Waiver of Subrogation endorsement missing • Itt' d UUe • SY • 01FREWPIMnA CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT I r Ft: � I-; i TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Iris Lee 949 -644 -3323 or ilee @city.newport- beach.ca.us SUBJECT: Castaways Park Marines 111 Monument — Award of Contract No. 4003 and Budget Amendment Approval for Anticipated Expenditures RECOMMENDATIONS: 1. Approve the project plans and specifications. 2. Award Contract No. 4003 to E.C. Construction for the Total Bid Price of $27,421.75, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $3,078.25 to cover the cost of unforeseen work. 4. Approve a budget amendment increasing revenue estimates in Account 0110- 5922 by $98,000 and expenditure estimates in Account 7014- CB002007 by • $98,000 to provide for the commissioned artwork. 5. Approve a budget amendment increasing Account 7014= C8002007, Marine 1/1 Monument, by $45,500 from General Fund unappropriated fund balance to provide $30,500 for Contract No. 4003 for site preparation and $15,000 for installation of the monument and related recognition and donor plaques. DISCUSSION: At 10:00 a.m. on February 7, 2008 the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low E.C. Construction $27,421.75 2 Hondo Company $29,946.25 3 R.E. Schultz Construction $32,570.00 4 S. Parker Engineering "$36,600.00 5 J. Rommae, Inc $37,293.00 6 Big Ben Construction $37,507.25 7 Green Giant Landscape, Inc. $40,000100 8 Bonsall Construction ' *$44,233.95 9 John S. Meek Company $45,520.00 10 JDC, Inc. $46,795.00 * As -bid amount is $36,740.00 • "` As -bid amount is $44,224.40 • Castaways Park Marine 111 Allnt —Award of Contract No. 4003 February 26, 2008 Page: 2 The low total bid amount is forty percent below the Engineer's Estimate of $45,875.00. Based on contract bidding history, smaller - scaled projects typically have a higher unit cost. The Engineer's Estimate was based on this assumption, hence, the over estimation. The low bidder, E.C. Construction, possesses a California State Contractors License Classification A as required by the project specifications. A check of the Contractors references indicates they have satisfactorily completed similar projects for other municipalities. The contract involves the removal of existing pavement, construction of new pavers pavement, and foundation for the Marines 1/1 monument installation. Fabrication and installation of the monument and donors plaque will be performed by others. Pursuant to the Contract Specifications, the Contractor will have 20 consecutive working days to complete the work. All work shall be completed no later than May 6, 2008. The project maintenance and protection of site shall be in effect until May 31, 2008. Environmental Review: The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This exemption covers the repair, maintenance and minor alteration of existing public facilities with negligible expansion. Public Notice: • The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Affected residents and businesses will be notified by the Contractor prior to the start of the project. Geotechnical. Material Testinq, and Survey Services: Geotechnical, material testing, and survey services are included within the construction contract. Funding Availability: On September 11, 2007, the City Council approved the selection of Benjamin Victor Studios to design, fabricate and install a Marine 1/1 monument sculpture to be installed at Castaways Park. Fundraising for the Marine 1/1 Memorial sculpture project is underway by the Marine 1/1 Memorial Committee with a current collection of $70,000. It is anticipated that the entire cost of the bronze sculpture ($98,000.00) will be raised by the Marine 1/1 Memorial Committee. This staff report includes two budget amendments: one recognizes the revenue and expenditure of funds related to the sculpture and the other appropriates funds from the City's General Fund for site preparation, monument installation and related expenses. • Attachments: Project Location Map Budget Amendment • Castaways Park Marine 1/1 Monument —Award of Contrail No. 4003 February 26, 2008 Page: 3 • Upon approval of the recommended Budget Amendments, sufficient funds will be available in the following accounts for the project: Account Description Account Number Amount Marine 111 Monument 7014- C8002007 $ 143,500 Total: $ 143,500 Proposed uses are as follows: Vendor Purpose Amount Benjamin Victor Studios Art Commission $ 98,000.00 E.C. Construction Construction Contract $ 27,421.75 E.C. Construction Construction Contingency $ 3,078.25 Various Monument/Plaque Installation $ 15,000.00 Total: $ 143,500.00 Prepared by: Submitted by: to a El ee um Senior Civil Engineer blic rks Director Attachments: Project Location Map Budget Amendment • Castaways Park Marines 1/1 Monument Project Location Map STRF� lF _ W. COAST HIGHWAY r� r � Li LOCATION MAP NOT TO SCALE • City of Newport Beacfb NO. BA- 08BA -047 BUDGET AMENDMENT 2007 -08 AMOUNT: $143,500.00 ECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations X from additional estimated revenues X from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase revenue estimates and expenditure appropriations from General Fund unappropriated fund balance and from the Marines 1/1 Donations for the Castaways Park Marines 1/1 Monument. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit 010 3665 General Fund - Fund Balance $45,500.00 " *NUE ESTIMATES (3601) FundlDivision Account Description 0110 5922 Council - Marines 1/1 Monument Donations $98,000.00 EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7014 General Fund - Miscellaneous Cap Projects Account Number C8002007 Marines 111 Monument $143,500.00 Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number ' Aatomaft System Entry. Signed: rf Financial proval: Administrativ ervices Director Date Si t Z D I Ad inistrative ApprovaV City Manager Da Signed: City Council Approval: City Clerk Date 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani 1. Brown. MMC August 12, 2009 E.C. Construction 2213 N. Chico South El Monte, CA 91733 Subject: Castaways Park Mariners 1/1 Monument (C -4003) To Whom It May Concern: On August 12, 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 September 23, 2008. The Surety for the contract is Travelers Casualty and Surety Company of America, and the bond number is 104943141. Enclosed is the Faithful Performance Bond. Sincer Leilani 1. Bro City Clerk Enclosure Q, MIA— IN A'- wn, MMC 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 OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CASTAWAYS PARK MARINE MONUMENT CONTRACT NO. 4003 BOND NO. 104943141 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 287.00 being at the rate of $ 10.45 per thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to E.C. Construction Company, hereinafter designated as the "Principal ", a contract for construction of CASTAWAYS PARK MARINE MONUMENT, Contract No. 4003 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. 4003 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Travelers Casualty and Surety Company of America , duly authorized to transact business under the laws of the Slate of California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport Beach, in the sum of Twenty-Seven Thousand, Four Hundred Twenty-One and 75/100 Dollars ($27,421.75) 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 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 4th day of March 2008. ,o- "� E.C. Construction Company (Principal) Travelers Casualty and Surety Company of America Name of Surety 700 N. Central Ave., Suite 800 Glendale, California 91203 Address of Surety (818) 409 -4240 Telephone Gary B. Merrill — Attorney —In —Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED IRE 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Sif ^^,�^noi".uCYr. 'r�ia:�'- •=- `^�..SEirS;�LY>' - �r,2:. ,.n„o ,., cn... i..,.... r. �, �.._,,..,..... r_` en. .,.�resv4P�S'�S'^R"Sis-- .'"`�aY State of California — County of _ Los Angeles On 3 -10 -08 before me, Susan Catone, Notary Public Dap I%'. oven Name aZ tapafro O9 , personally appeared Kenneth D. Walters, President Q01W SUSAN CATONE Commission M 1534602 Notary Public - California Los Angeles County Comm. Expkes Dec 13, 20011 PU Nppry Spat Xp who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in histherAheir authorized capacdy(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my han and official seal.l.7f�lQ Signature SpuWrp a Notary Puac OPTIONAL Though the information below is not requited 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: `___ —�A _ _ __Number of Pages Signer(s) Other Than Named Above: ___ Capacity(ies) Claimed by Signer(s) Signer's Name: U Individual L Corporate Officer — Title(s): _ PStOFNf O Partner —I: Limited O General O Attorney in Fact D Trustee U Guardian or Conservator U Other: Signer Is Representing: OF SIGNER Signer's Name: ❑ Individual • Corporate Officer — Title(s): _ • Partner — D Limited U General • Attorney in Fact U Trustee ❑ Guardian or Conservator O Other Signer Is Representing: RIGHT THUr6BPRINT OF SIGNER State of California ) County of -_ Los Angeles ) On March 4, 2008 before me, personally appeared Gary B. Merrill CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT Priya Neilly, Notary Public (here inwll name and tilb• ni the olio rr� 3 I who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the state of eafdornwCocintyof Los Anpe l e s State of California that the foregoing paragraph is true and correct. sub embed and worn to tot affern,ed) before ma ontha4th dwor March ,70 08 M . Merrill WITNESS my h and o Icial seal. III so to duhdactot evde orlar � betnepmorit P Rd ASignature � � - (Seal) OPTIONAL INFORMATION Although the information in this section is nor required bylaw. it could prevent fraudulent reniuvol and reattachment of this acknowledgment to an unouthoriled document and may prove useful to persons relying on the artoc herf documenr. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled /for the purpose of containing pages, and dated The signer(s) capacity or authority is /are as: ❑ Indiwdualfs) [ Anorneon -ract 17 CorpaateOlficer(s) _ _ ❑ Guatdlan/Conservator ❑ Pannier - Limited/General ❑ Trustee(s) ❑ other: representing: Mametsl d en+oMtl a Enuty(ml Sgnv n aepnen6nq - Method of Signer Identlhcauon Proved o m . on the bases of satisfatwy evidence 1- 0 fam(s) of Identification () cied)bte wAness(es; Notarial event is detailed in rotary journal on: Page a Entry a Notary conlact Additlonal SW*r(A ❑ sgr n(s) Thumbl nnt(s) 0 Co jht 200)Wlafy 9011ry , Inc 92% MIh $r. Det Mann, IA 5031 } 3612 Eolm ACa03 10/07 TDa Adel, A1IuI1hee!A!r lao 6;RRa von men I� <�'nenm aI nttD /!wow nourymUgwm atAc sw POWER OF ATTORNEY MF TRAVELERSJ Farmington Casualty Company St. Paul Guardian Insurance C'ompan) Fidelity and Guaranty Insurancr Compares tit. Paul Mercury Insurance Company Fidelity and Guaranty Insurance 1 oderw rotors, Inc. Travelers Casualty and Surely ('ompan) Seaboard Surety Company Travelers C'asuaih and Surety Company of America St. Paul Her and Marine Insurance Pompon) United States Fidelity and Guaranty Company Altorneyln Fact No. 217012 Certificate No. 001931572 KNOW ALL MEN BY THESE PRESENTS. That Sealaiard Surety Company is a corporation duly orgamtad under the laws of the State of New York. that St Paul Fire and Manse Insurance Company. St Paul Guardian Insurance Company and St Paul Mercury Insurance Company are corpra ons duly organtrrd under the law of the State of Minnesota. that Farmington Casualty C'umpanv. Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America arc corporations duly organurd under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organVCd under Ilia laws of the State of Maryland. that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State tat low'a, and that Fidelity and Guarani) Insurance Underwnters. Inc is a corporation duly organised under the laws of the State of Wisconsin (herein collecrosrly called the -Companies"). and that the Companies do hereby make, constitute and appoint Gary B. Merrill, and James F. Huff of the City of ---- RasvAcna _, State of _ California._ , their true and lawful Amrney(s)-m -Fact. each In their separate capacity if more than one is named above. to sign, execute, seal and acknowledge an and all bonds. recogmr2nces. conditional undertakings and rather writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons. guaranteeing the Irrfomiaur of co nmicus and executing or guaranteeing Minds and undertakings required tae pe!'111 l anytdpons (it 1 rWccdmgs allowed by law list, r ` � -to ♦ 11 ` 4th IN W1TNF.S.S WHEREOF, the Companies have caused this mstrtpa�MU'be and ope�orafe seals to be hetetn aRxed. this day of September 2007 1 Farmington C'asvalry� Conpan� l l Fidelity and Guaraniv Insannce Cede, ` PP�Y fh__0 Fidelity and Guaranty Insurame Underw rs, Inc. Seaboard Surely Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Inwrance Company St. Paul Mercury Insurance Companv Travelers Casually and Surely Company Travelers Casually and Surely Company of America United Stales Fidelity and Guaranty Company ` _ o c v B Ys[ry ".yw�ar J.4; r Wp S�.hpyarb r i 1977 g 'x9'uatm s7 1927 .�o w(� �/0 7..'i'0�'x r• 7 ammo.: sw°�s i 'MV E 19$1 .r �`f AL e^ ?y�SSAL. �K o" 1 ♦ p Ma ?praaf a.sad State of Connecticut Cat of Hartford ss. By.. 4ttA4-t�, — AeorgrlN Thompson. tPce President On this the 41h day of September 2007 before me personally appeared George W . Thompson, who acknowledged himself to he the Senior Vice President of Farmington Casualty Company. Fdrity and Guaranty Insurance Company. Fidelity and Guaranty Insurance Underwriters. Ise. Seaboard Surety Company. SL Paul Fire and Marine Insurance Company. St. Paul Guardian Insurance Company. St. Paul Mercury Insurance Company. Travelers Casualty and Surety Company. Travelers Casualty aid Surety Company of America and United States Fidelity and Guaranty Company. and that he, as such, being authorized w to des, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly audasrived officer. p,TlT In Witnes, Whereof, I hereunto sal my hand and official seal TAA My Commission expires the 10th day of June. 2011. ; 0 1Dr/°UGS` 584403 -07 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY Mane C Teuvoiln. Notary Publi, September 23, 2(X)8 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. llarkless. MMC E.C. Construction 2213 N. Chico South El Monte, CA 91733 Subject: Castaways Park Marines 1/1 Monument (C4003) To Whom It May Concern: On August 12, 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 August 19, 2008, Reference No. 2008000393737. The ,Surety for the contract is Travelers Casualty and Surety Company of America and the bond number is 104943141. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, MMC City Clerk encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach. California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CASTAWAYS PARK MARINE MONUMENT CONTRACT NO. 4003 BOND NO. 104943141 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to E.C. Construction Company, hereinafter designated as the "Principal," a contract for construction of CASTAWAYS PARK MARINE MONUMENT, Contract No. 4003 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. 4003 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, Travelers Casualty and Surety Company of America 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 Twenty -Seven Thousand, Four Hundred Twenty -One and 751100 Dollars ($27,421.75) lawful money of the United Slates of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. rid. 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 4th day of March , 2008. E.C. onsGT truction Company (Principal) Travelers Casualty and Surety Company of America Name of Surety 700 N. Central Ave., Suite 800 Glendale, California 91203 Address of Surety (818) 409 -4240 Telephone Agent Signature Gary B. Merrill- Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT y�,G:�,E,r.- rcrrraocr,.cr. ` L�S. S& L�S: TdS, 4Y? GY. d��i) �- C£• �4�G£ kr•" r,. c,+ r..-. r_. rx,. �r„ Cfrr. �riyyf9C f`4S4t"S�m�.:v>L;rmra4�v State of California County of _Los Angeles On _ 3 -10 -08 before me, — _Susan Catone, Notary Public Dale Ib>ta Inseri Name anU iqo d Ilse OBCm personally appeared _ _ Kenneth D. Walters, President — Hanle(s) a Sgeensl QMY SUSAN CAIONE Commission N 1534602 Notary Public - California Los Angeles County Comm. Wilkes Dec 13.2008 PLe.n Nolary Sedl glrno who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his/her/their authorized capacity(ies), and that by his/her /their signature(s) on the Instrument the person(s), or the entity upon behalf of which the porson(s) acted. executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my ha and official sefal.11..�y Signature Spri,�Me M Nnlary Pyryq 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 Titie or Type of Document: LAZtP- M A-rEr_4AL -S P M"7 &*J0 Document Date: _ _ _ _ _'_ -� _ — Number of Pages:_ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ _ _ Signer's Name: I Individual Q I "i Individual Ili Corporate Officer— Title(s): _I QEL I 1 Corporate Officer — Title(s): Partner — L: Limited i . General fI Partner — 5 Limited 'L I General _ I ! Attorney in Fact _ • - L: Attorney in Fact • ' Trustee loC d Ihl,mp rrer.. I Trustee hXl of irgln A> nvr„ Guardian or Conservator fl Guardian or Conservator I ' Other: _ _ i -I Other: _ Signer Is Representing:­_ Signer Is Representing: _ 02007Na P4Dtr A&n 19,,WDeS AW,PODm2a02•CtraNa , CA 913l3T402•x,.w Nawrudl4 aryn9 tt 059pJ Rardrr Caa Tn6freei BOPB)66B1J State of California > CALIFORNIA ALL - PURPOSE County of Los Angeles ) CERTIFICATE OF ACKNOWLEDGMENT On March 4, 2008 before me, Priya Neilly, Notary Public 1�1•re ,meet nam.. avd LU,• of Ihr.., personally appeared Gary B. Merrill who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my ha n fficial seal. G Signature of _ OPTIONAL INFORMATION State of California. County of Los Ange I e S Subscribed and sworn to for affumed) before me ontle> 4th days March .20 08 by Car Merrill prweA to m on t o ba d uosratlay evrda+lce b bethepersorys ygMed MontlM. (Seal) Although the information to rhn sec non is not required by low, it could prevent fraudulent removal and reattat hmenr of this acknowledgment to an unauthorized document and may prove usehil to persons relying urn the attached document Description of Attached Document the prect•dIny Ceft III Cale of Acknowledgment Is atta(hed to a document Method of Signer Identification titled /for the purpose of Proved bs rise on the basis 4 sabslactory evidence 1 0 IonM,) ar elenidnahon O uea,ble wil,MUlesl - - - Notarial event is detailed in notary )oolrsal on containing _ pages, and dated _ Page e _ tmty a The signer(s) capacity or authority is/die as: ' 6ldtwdlulls) x Attane n4act ( 1 corporate0[rtcer(s) Guaidian/conservator [_] Partner - LimrtedKie eral 1 Trustee(s) Other representing: Namgll pt PnsoMU a innytiesl S,yna n lkprcsenu,p Notary r onia( t Other �1 AMhblmnl Sylxrbl ( 1 Sutrin(s)thumbPm +t1U Efo ght)00!N Aty ep4ry. nit 925 lwn 51. 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(Ilense,) ua(ate{L oul'sJalu..c apu;l aaurilt (jurien!) put (l!lap!H iurdwo.) amrinsul iunaualV prt 9S Cuedwu,) a.m"mul (lunion!) pup (1!Wp!.i Weduw_) aweumul ue!piewI ptrd'IS (lawful".) plensv..) un1XU!uue{ 58313/1bd1 AIIIIII, x3N1fO.l..LV A0 )CHMOd 111111k 1r 011VANI SI ),3NFJO.LLV 0 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and E.C. Construction, of South El Monte, California, as Contractor, entered into a Contract on February 26, 2008. Said Contract set forth certain improvements, as follows: Castaways Park Marines 1/1 Monument (C -4003) Work on said Contract was completed, and was found to be acceptable on August 12, 2008, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Travelers Casualty and Surety Company of America. R6Works Director of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. �7 Executed on VII r^' 7 i �%� a at Newport Beach, California. BY QWAIn X - dy Clerk M Recorded in Official Records, Orange County _ Tom Daly. Clerk- Recorder RECORDING REQUESTED BY AND lli' 11111 ,11���llll,;I' °I1o111���111161 I'Q IIII II III NO FEE WHEN RECORDED RETURN To: 2008000393737 08 24am 08/19/08 City Clerk 100211 N12 I City of Newport Beach 0 00 0 00 0 00 0.00 0.00 0.00 0.00 0.00 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and E.C. Construction, of South El Monte, California, as Contractor, entered into a Contract on February 26, 2008. Said Contract set forth certain improvements, as follows: Castaways Park Marines 1/1 Monument (C -4003) Work on said Contract was completed, and was found to be acceptable on August 12, 2008, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Travelers Casualty and Surety Company of America. rots Works Director of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on 71 �%(! e at Newport Beach, California. VWl k , ew�o BY Ol�yµ. �`� aTo dy Clerk C f 0 —�P FOR M August 14, 2008 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LeVonne M. Mirkless. Mh1C RE: Notice of Completion for Castaways Park Marines 1/1 Monument (C -4003) Please record the enclosed document and return it to the City Clerk's office. Thank you. Sincerely, Lavonne Harkless, 161 C City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach. California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 • www.city.newport - beach.ca.us • �a Crry coko sm" .;h • • C -yoo3 on) ►ro-2x�) CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 8 August 12, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Iris Lee, Senior Civil Engineer 949 -644 -3323 or ilee @city.newport- beach.ca.us SUBJECT: Castaways Park Marines 1/1 Monument— Completion and Acceptance of Contract No. 4003 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 February 26, 2008, the City Council authorized the award of the Castaways Park Marines 1/1 Monument Project to E.C. Construction. The contract provided for the removal of existing pavement, installation of new pavers, and construction of the Marines 1/1 monument and donors' plaque foundations. The installation of the monument was completed by the artist, Benjamin Victor, and City staff. The contract has now been completed to the satisfaction of the Public Works Department. Summaries of the contract cost and schedule are as follows: Contract Cost Summa Original bid amount: $27,421.75 Actual amount of bid items constructed: $27,046.89 Total amount of change orders - $1,732.60 Final contract cost: $25,314.29 The change in the final contract cost is primarily due to a reduction in existing pavement • removal due to acceptable existing base material. The change orders resulted in an approximate eight percent (8 %) reduction compared to the original bid amount.