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HomeMy WebLinkAboutC-4043 - Tennis Court Fencing ReplacementCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani 1. Brown. MMC January 13, 2010 Harris Steel Fence Company, Inc. 8728 South San Pedro Los Angeles, CA 90003 Subject: Tennis Court Fencing Replacement (C4043) To Whom It May Concern: On January 13, 2009, the City Council of Newport Beach accepted the work for subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on February 17, 2009. The Surety for the contract is Suretec Insurance Company and the bond number is 4366086. Enclosed is the Faithful Performance Bond. Sincerely, Leilani 1. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Lcilani 1. Brown, MMC February 17, 2009 Harris Steel Fence Company, Inc. 8728 South San Pedro Los Angeles, CA 90003 Subject: Tennis Courts Fencing Replacement (C 4043) To Whom It May Concern: On January 13, 2009, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 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 January 16, 2009, Reference No. 2009000020610. The Surety for the contract is Suretec Insurance Company and the bond number is 4366086. Enclosed is the Labor & Materials Payment Bond. Sincerely, �p►1SW1�� Leilani 1. Brown, 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 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TENNIS COURT FENCING REPLACEMENT (GRANT OWALD PARK CONTRACT NO. 4043 BOND NO, 4366086 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to HARRIS STEEL FENCE CO, INC., hereinafter designated as the "Principal," a contract for construction of TENNIS COURT FENCING REPLACEMENT (GRANT HOWALD PARK), Contract No. 4043 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. 4043 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials. provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, SureTec Insurance Company duly authorized to transact business under the laws of the State of California, as Surety. (referred to herein as "Surety') are held firmly bound unto the City of Newport Beach, In the sum of Seventy -Nine Thousand, Eight Hundred Forty-Nine and 001100 Dollars ($79,849.00) lawful money of the United States of America, said sum being equal to 100% of the esilmated 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 Ibis 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 9 The Bond shall inure to the benefit of any and all persons, companles, 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 obligatlons 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 10th day of July , 2008. HARRIS STEEL FENCE CO, INC. (Principal) SureTec Insurance Company Name of Surety 3033 5th Avenue, Suite 300 San Diego, CA 92103 Address of Surely (800) 288 -0351 Telephone Authorized Signature(rltle Authorized Agent Sig ature Andrew Sysyn, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 0 0 ACKNOWLEDGMENT CALIFORNIA ALL-PURPOSE State of California County of Orange On July 10. 2008 before me, Andrew J. Sysyn, Nocary Public Dam r,a personalty appeared William A. Blanciak "') a s+p,rta) who proved to me on the basis of satisfactory evidence to be the person(g) whose name(s) Wamsubscribed to the within instrument and acknowledged to me that he1Rhafthq executed the same in hicAmmbai tauthortzed capacity(W, and that by hMWMW signature( on the Instrument the person(s), or the entity upon behalf of which the person(tyl; acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature v;am wary aea� rm.. . I sue. H n war OPTIONAL Thpgh ft Inkmiabon below is nor required by law, It may prove valuable to persons rahjift on the doavnem and oct0 prevent fraudulen femoval and reatta(hm" of Ma form to anadw document Description of Attached Document Tdle or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(lies) Clalmed by Signer(s) Signer's Name: ❑ Individual • Corporate Officer— Titte(s): _ • Partner — ❑ Limited ❑ General ❑ Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: ::p r Till Number of Pages: Signers Name: • Individual • Corporate Oftioer —T"s): _ • Partner — ❑ Limited ❑ General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: To d V..b here 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California 1 County of Orange } SS. On 7/10/08 before me, R. Mendoza, Notary Public ore Nelee Yd Tee a OA1oer 1e.9.. •.rerN fbe. NDUry Reic7 , personally appeared Andrew Sysyn Nan*,) a sq,.(s) IIIIIIggluilgqqqqqqUWqqYMqqlqlWYqqlpqqqbqqqpqpypp R. MEND( i@[• s -. carnmAsuon # 16213x6 2 My Notory liCft • CcWomto 01onge County �gMggqtldNqqYqqql Nov 14 R mmej flWl' n Pure Nagy sea.wcx, XA personally known to me D proved to me on the basis of satisfactory evidence to be the person) whose name(S) is/W subscribed to the within instrument and acknowledged to me that he /Ahi*VW executed the same in his /borithair authorized capacity*a), and that by his4a gUystfr signature(s) on the instrument the person*, or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS m4 hand and offi &l seal. SIgeWM a Nobly 7 OPTIONAL Though Ute Information below is not repaired by law, it may prove valuable to persons retying on fhe docanenf and could prevent fraudulent removal and reanachmenr of Uric roan to another document. Description of Attached Document Titre or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: • Individual • Corporate Officer — Tide(s): • Partner —❑ Limited ❑ General X Attorney in Fad ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: Number of Pages: lop of Ihunb here elm MOWS ANRaVn. 9.15e De se .P..O. pox 2402 - C-O-o.P. G01D, >Jx .. Mft.Mm n N NO.S HsxnrD Ri rlO� POA s: 510001 SureTec Insurance Company LIMITED POWER OF ATTORNEY JUww AD Mar by Theae Presents, That SURETEC INSURANCE COMPANY (the "Company), a corporation duly organtud and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, consritute and appoint Raylene Mendoza, Andrew Sysyn of Costa Mesa, CA its true and lawful Attorney(s)-in- fleet, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or commixes of suretyship to include waivers to the conditions of contracts and consents of suety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Presidenl, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confnming all that the said Anorney(s )-ter -Fact may do in the premises. Said appo rnment shall continue in force until 10/31 /09 and is made under and by atmhoedy, of the following resolutions of the Board of DhWors of the SureToc Insurance Company: Be it Resolved that the President, any Vioe•Presldent, my Assistant Vloe- Presidem, any Secretary or any Assistant Secretary shall be and Is bereby vested with full power and authority to appoint sty one or more suitable persons as Atto ocy(s)fit -Fact to represent and am for and on behalf of the Company subject to the following provisions: Aironry -In -Fear may be given fhll power and authority for and in the name of and of behalf of the Company, to exeama acknowledge and deliver. any sod all bonds, recogulzm s, contracts, agreements or Indemnity and other conditional or obligatory undergidngs mW any and all notices and downers canceling or termiradag the Compaoy's liability tberemrder, and any such instruments so executed by any such Aaaney -in -Fad she be binding upon the Company as if signed by the President and sealed and effeded by the Corporate Secretary. Be a Resolved that the signature of any authorized officer and anal of the Company heretofore or hereafter affixed to cry poker of attorney or any cetificue relating thereto by hcsWlq and any power otenomey or eerti6eeth beating facsimile A$nmtce or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it Is attached (Adopreiar o meeting held on 2f)e ofApik 1999.) la W bwar Wbawf,, SURETEC INSURANCECOMPANY has caused these presents to be signed by its Ptesidcrr , and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. lac IStJxAtacla COI4IPANY 9 By yi lu Sate of Texas as: Y, 1 6 County of Harris a e On ads 20th day of June, A.D. 2005 before me personally came BJ. King, to me known, who, being by me duly stvem, did depose rut spy, dud he resides in Houton. Texas, that he Is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the anal of said C.arapenyr, that the seal O txod to said instrument is such corporate seal: the it was so atfnxd by order of the Board of Directors of saw Company; and that he signed his nwma thereto by like order. IS s � ad1 'VVLtI.VteltQ.hC+t�u�►, Yyeaff"IM BpMes Mkbelle Deasy, Notary Ile Any till 27,2W5 My commission expires August 27, 2008 4 M. Brent Barry, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify, that the above and foregoing is a true and 00=1 copy of a Power of Attorney, executed by said Company, which is still in Ilia fora and effect; and fivdx nrma the resolutions of the Board of Diroaors, set M in the Power of Attorney actin fldl three acid effect Given under my hand and the seal of said Company at Houstam, Texas this 20 A.D. Braat Bra , btaat Se ry Any huff "at Waned In aaeea of the penally Stated above Is toeaty Vold rut without any validity. For verification of the authority of power you tidy to (713) 91244 any buabNa dal between 8:00 an and &W pm CST. 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 This Document was electronically recorded by • Cert Mail A Recorded In Official Records, Orange County Tom Daly, Clerk- Recorder NO FEE 2009000020610 11:57am 01/16/09 213 92 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Hams Steel Fence, Co., of Los Angeles, California, as Contractor, entered into a Contract on May 13, 2008. Said Contract set forth certain improvements, as follows: Tennis Court Fence Replacement — Grant Howald Park (04043) Work on said Contract was completed, and was found to be acceptable on January 13. 2009, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is SureTec Insurance Company. VERIFICATION that the foregoing is true and correct to the best of my Executed on �Q��N �! �Dq at Newport Beach, California. BY µL"' J� City Clerk a LU > W �o LIJ IIccrertify, under penalty of perjury, knowledge. VERIFICATION that the foregoing is true and correct to the best of my Executed on �Q��N �! �Dq at Newport Beach, California. BY µL"' J� City Clerk 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC January 14, 2009 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notices of Completion for the following projects: 1. General Services for Building D Locker Room and Restroom Remodel (C -4029) 2. Eastbluff Drive Street Rehabilitation (C -3968) 3. Tennis Court Fence Replacement — Grant Howald Park (C -4043) 4. Mariners Park Restroom Construction (C -3992) 5. Pelican Hills Road North and Newport Coast Drive Southbound Right -Turn Improvements (C -3945) 6. 2007 -2008 Sidewalk, Curb and Gutter Replacement Program (C -3974) Please record the enclosed document and return it to the City Clerk's office. Thank you. Sincerely, Lellanl I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us • f 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 Hams Steel Fence, Co., of Los Angeles, California, as Contractor, entered into a Contract on May 13, 2008. Said Contract set forth certain improvements, as follows: Tennis Court Fence Replacement — Grant Howald Park (C -4043) Work on said Contract was completed, and was found to be acceptable on January 13. 2009, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is SureTec Insurance Company. VERIFICATION certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on �Ta� Uayy at Newport Beach, California. BY Is City Clerk CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 1_ January 13, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Patrick Arciniega 949 - 6443347 or parciniega @city.newport- beach.ca.us SUBJECT: TENNIS COURT FENCE REPLACEMENT - GRANT HOWALD PARK — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4043 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 July 8, 2008, the City Council authorized the award of Tennis Court Fencing Replacement at Grant Howald Park to Hams Steel Fence, Co. The contract provided for the removal of degraded tennis court fencing, poles, windscreen and practice boards and replacement with new materials. In addition, the Recreation Department scheduled resurfacing the courts during this time. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $79,849.00 Actual amount of bid items constructed: $79,849.00 Total amount of change orders: $4,205.9 5 Final contract cost: $84,054.95 Two change orders resulted from the need for a barrier to keep loose dirt off of the courts and the second was for labor and time to break out old light footings that were Tennis Coua Fence Replacenwi GraM Howald PaM - Coton and Aooeptanoa or Contract N0.4043 January 13,2009 Page 2 not shown on the plans. The final overall construction cost including Change Orders was 5.3% percent over the original bid amount. The first Change Order in the amount of $3,164.00 provided for the removal of additional concrete footings and a gate for Sunset Ridge Park. The second Change Order in the amount of $1,041.95 provided for the installation 160' lineal feet of Trex barrier. A summary of the project schedule is as follows: Estimated completion date per June '08 schedule: November 15, 2008 Project award for construction: July 8, 2008 Estimated completion date at award: October 24, 2008 Actual substantial construction completion date: November 14, 2008 Construction was completed slightly later than anticipated in order to allow for resurfacing of the courts prior to completing the project. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementation Guidelines at the time the project was authorized by the City Council. 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. Prior to starting work two City prepared notices were distributed by the contractor to both residents and businesses. The first notice was distributed ten days before work in the area and the second notice 48 hours prior to starting work in the area. Funding Availability: Total project expenses are summarized as follows: Construction $84,054.95 Construction Inspection 1,100.00 Incidentals 172.76 Total Project Cost $85,327.71 40cmd Fence Reptaoement Grant HmM Park - 005M ark? Aoaeph rm of Contract No.4043 Januazy 13, 2WO Pape 3 Funds for the construction project were expended from the following aocount(s): Account Description Tennis Court Fence Replacement Prepared by: Patrick Arcinieg Project Manager Account Number Amount 7415 - 04120928 $84,054.95 Total, $134,054.95 Submitted by: Ll 0 CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10 am on the 19th day of June, 2008, at which time such bids shall be opened and read for TENNIS COURT FENCING REPLACEMENT (GRANT HOWALD PARK) Title of Project Contract No. 4043 $105,000 Engineer's Estimate AShen G. Badum lic Works Director Prospective bidders may obtain one set of bid documents for $10 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Ciassification(s) required for this project. "A" for "C -13" For further information, call Patrick Arciniega, Project Manager at(949)644-3347 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.city.newport-beach.ca.us CLICK: e- onlineservices /e- bidPublicWorks CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TENNIS COURT FENCING REPLACEMENT (GRANT HOWALD PARK) CONTRACT NO. 4043 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON-COLLUSION AFFIDAVIT ........................................................ .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................15 INFORMATON REQUIRED OF BIDDER.. .................................................................... 16 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 2 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TENNIS COURT FENCING REPLACEMENT (GRANT HOWALD PARK) CONTRACT NO. 4043 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: -INSTRUCTIONS TO BIDDERS / BIDDER'S BOND -'DESIGNATION OF SUBCONTRACTORS JCONTRACTOR'S INDUSTRIAL SAFETY RECORD ONFORMATION REQUIRED OF BIDDER ,ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES ,NON- COLLUSION AFFIDAVIT - DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section E E 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et 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. 319155 (1-1 'A Contractors License No. & Classification Harris Steel Fence Co Inc Bidder D 9K'orized !�—ignajtVurefritle ,� -loo -oa, Date CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TENNIS COURT FENCING REPLACEMENT (GRANT HOWALK PARK) CONTRACT NO. 4043 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of Amount Bid Dollars ($ 10% of Bid ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of TENNIS COURT FENCING REPLACEMENT (GRANT HOWALD PARK), Contract No. 4043 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the fdrm(s) .prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is. agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 17th day of June. 2008. ✓1� }/ Harris Steel Fence Co Inc. 1.40 �/ Name of Contractor (Principal) thorized Signaturefritle SureTec Insurance Company Name of Surety 3033 5th Avenue, Suite 300 San Diego, CA 92103 Address of Surety (800) 598 -7535 Telephone Autho 'zed Agent Sigrfature Andrew Sysyn, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TENNIS COURT FENCING REPLACEMENT (GRANT HOWALK PARK) CONTRACT NO 4043 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Ten Percent of Amount Bid Dollars ($ 10% of Bid ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of TENNIS COURT FENCING REPLACEMENT (GRANT HOWALD PARK), Contract No. 4043 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the fdrm(s) .prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award ", othennnse this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is. agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 17th day of June , 2008. ✓��� Harris Steel Fence Co Inc. Name of Contractor (Principal) AYJthorizzed SignatureRfle SureTec Insurance Company Name of Surety 3033 5th A- venue, Suite 300 San Diego, CA 92103 Address of Surety (800) 598 -7535 Telephone Autho 'zed Agent Signature Andrew Sysyn, Attorney -in -Pact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 6 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange On June 17, 2008 before me, R. Mendoza, Notary Public Data Name and Tide of OlBoer (e.g., "Jam Doe, Notary Public") personally appeared Andrew Sysyn Name(9) of Signer(a) '? JIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIL_ R. MENDOZA zm Commisslon # 1621385 z Notary Public - California € Orange County Mr Comm. Explre5 Nov 14, 2009= >SIIIIIIIIIIIIIIIIIIIIN Illlllll11111111111111111 11111111111111111111111111111111111111ifri Place Notary Seal Abwe XN personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personM whose name(f) isAW subscribed to the within instrument and acknowledged to me that he/pt executed the same in his /herAink authorized capacity#as), and that by his/tualMMK signature(s) on the instrument the persort(s), or the entity upon behalf of which the person(7g) acted, executed the instrument. WITNESS my I�ncj and official s f���'SSiiggnnjWreo NNaryPublc OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Cl Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 NaWW NMWA a4on• 9XD Do Sao Me -, P.O.e 2002• ttatswoM, CA91313-2402• x nalinadnMagm PnA W. 5997 Seomer tall T01WRa 1A00-B701927 PDAgt 510001 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know AA Men by These Preseafs, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Raylene Mendoza, Andrew Sysyn of Costa Mesa, CA its true and lawful Attomey(s) -in -fact, with fall power. and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments of contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no /100 ($5,000,000.00) and to bind the Company thereby as Hilly and to the some extent as if such bonds were signed by the President, sear with the corporate seal of the Company and duty attested by its Secretary, hereby ratifying and confirming all diet the said Anorney(s)- n Fact my do in the premises. Said appointment shall continue in force until 10/31/09 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec lrsuranw Company: Be it Resolved, that the President, any VicdPresldent, any Assistant Vice -I midant, any Secretary or gay Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attoraq(s)-inXect to represent and act for and on behalf ofthe Company subject to the following provisions: Attornekin -Facr may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any cerd8cate relating thereto by facsimile, and any power oPattomey or certificate bearing tLmimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached, (Adapted at a meeting held on 20 of Apri; 1999.) in mfiress ! <wemf,, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D. 2005. �p TEC RANCE COMPANY f '? a; Sy: +r ° S.J. 8+ esid t State of Texas as: 3A� 1lb County orHenis '^- t On this 20th day of June, A.D. 2005 before me personally came A.J. King, to me known, who, being by me duly swum, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he he" the soal of said Company; that the seal affixed to said instrument Is such corporate seal: that it was so affixed by order of like Board of Directors of said Company; and that he signed his name thereto by like order. MiOMO Denny • oft of unto= 1Y►tit(a1lf ti a. � oa NyCOMIT" n Et0 N Michelle Denny, Notary Mile tkaist 27r 2008 My commission expires August 27, 2008 f, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full to= and effect and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney arein full force and effect. Given under my hand and the seal of said Company at Houston, Texas: this day aBes 20$, A.D. s mt Se ter, Any Inirtru nard Issued In excess of one penalty stated above Is totally void and without any validity. For verltkation of the authority of this tower you may call (713) 812.0000 any business day 1te1we648:00 am and 5:00 pm CST. Best's Ratir•� Center - Com y Information for SureTec Insuran e ompan � View Ratings. Financial sVength Issuer Credit Securities AdeanCed Search Ratings Definitions k Search Best's Ratirlys Press Releases Related Products l hdustry 8 Regional Cody Risk Structured Finance How to Oct Rated Contact an Analyst Surei Insurance Company AM amx later NNC Y: 1.11 FEW x: 70D6P811e Address: 952 Echo Lane, Suite 450 Phone: 713-812 0800 Houston, Tx 77024 Fax: 773 -812 -0406 Web: www.suretec.tom Best's Ratings Financial Strength Ratings View Definitions Rating: A. (Excellent) Financial Size Category: VII ($50 Million to $100 Million) Outlook: Stable Action: A1Rrmad Effective Date: January 09, 2008 " Denotes Under Review Best's Ratings Cage I of 1 omuweecenlers semi ma rawo is ersoneh w coc vi.w, ov, rave an PA,aPwnaDriN Dl r^JpINPIr orw"oVii W wrGyMOas Issuer Credit Ratings ill Definitions Long-Term: a• Outlook: Stable Action: Assigned Date: Janoary 09, 2008 Reports and News Visit our N.aRoom for the latest news antl press releases for this company and its A.M. Best Group. \�AYB Credit Report • Insurance Professional (Unabridged) (formerly known as Bears Company Report) - includes Best's Fin: ratwnele along win comprehensive analytical commentary. detailed business overview and key financial data. r Report Revision Date: 01/1 &2008 (represents the latest significant change). 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Best I Site Map I Privacy Policy I Security I Tenths of Use I Legal & Licensing Copyright ®2008 A.M Beat Company. Inc. All rights reserved. A M. Best Wadmisde Headquarters, Ambest amid. Oldwick. New Jersey. 08858. USA. http: / /www3.ambest.cori /ratings /Full Profile. asp? BI= O &AMBNum= 12227 &AltSrc... 06/:x:r! ?'.Y k.; CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TENNIS COURT FENCING REPLACEMENT (GRANT HOWALKD PARKI CONTRACT NO. 4043 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: Encon Technologies Inc Address: 12145 Mora Dr Unit 7 11 Concrete Steps 108 Santa Fe Springs CA 90670 Phone: 562- 777 -2200 State License Number. 7 4 8 5 7 6 Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: Harris Steel Fence Co Inc V ;4 Bidder rl ed Sig a uref-l-itle 9 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TENNIS COURT FENCING REPLACEMENT (GRANT HOWALD PARK) CONTRACT NO. 4043 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formlll Please print or type. Bidders Name Harris steel Fence Cc Inc FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number• wpGt Nawpnrf Park 91947 Project Description Tennis Court Fence Replacement Approximate Construction Dates: From 2 / 2 0 / 0 8 To: 4/15/08 Agency Name City of Newport Beach Contact Person Patrick Arci ni ga Telephone (94�- 644 -331 1 Original Contract Amount $_k5,25FigaI Contract Amount $ 71 Fn 1 74 If final amount is different from original, please explain (change orders, extra work, etc.) 2 - change orders for extra work. 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. 2 Project Name /Number Wrought Iron Fencing Project #07 -12 Project Description Tnstall Ornmental Iron fence at 3 schools Approximate Construction Dates: From 11 /14/07 To: 3/7/08 Agency Name Colton Joint USD Contact Person Rick Lerma Telephone ?09r580 - 5008x5341 Original Contract Amount $68, 302 Final Contract Amount $ 68, 302.00 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No No. 3 Project Name /Number Westlake Hills Elementary School #WHL04 -01 Project Description Chain link Security Fencing -WHL 04 -01 Approximate Construction Dates: From 3 / 2 8 / 0 7 To: 5/9/07 Agency Name Vanir Construction Mgmt /Conejo Valley USD Contact Person Tony Joseph Telephone (80� 497-9511x486_ Original Contract Amount $__13 OOOFinal Contract Amount $ 52, 379.56 If final amount is different from original, please explain (change orders, extra work, etc.) Change Orders Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 4 Project Name /Number S2Cnr9 tv Fence Enhancements and Vehicle Sally Port Project Project Description Install Chain link fence,gates, razor wire, locking Mechanisms,and a Sally Port gate system. Approximate Construction Dates: From st, /9n /n-7 To: 19/97/n7 Agency Name Smith Correctional Facility Contact Person Larry D Smith Telephone ( 95p - 922 -7398 Original Contract Amount $13a; nnrfjnal Contract Amount $ 1 s4,nno _oo 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. 5 project Name /Number Whit Carter Park North Perimeter wall and fencing Project Description Perimeter Block wall & Ornamental Iron & gates Approximate Construction Dates: From 6 / 2 0 / 0 7 To: 8/15/07 Agency Name _ amity of Lancaster Contact Person Andy Tiamzon Telephone �61) 723 -6000 Original Contract Amount $80, 998 Final Contract Amount $ 82,316.42 If final amount is different from original, please explain (change orders, extra work, etc.) Change order- Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No 0 • No. 6 Project Name /Number Santa Barbara Airport #4425A Fence Repair Project Project Description Install Black vinyl fence and Security gates Approximate Construction Dates: From .9 /14 /o6 To: 1 1 / 14 / 0 6 Agency Name city of santa Rarhara Contact Person Lief Reynolds Telephone (805 692 -6020 Original Contract Amount 40, 998Einal Contract Amount $ i A() 99A nn 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 Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. I 10 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TENNIS COURT FENCING REPLACEMENT (GRANT HOWALD PARK) CONTRACT NO. 4043 NON - COLLUSION AFFIDAVIT State of California ) ss. Countyof Los Ange es Daniel Blanciak being first duly sworn, deposes and says that he or she is vice Pres. of Harris Steel Fence Co ?r}Fe parry making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Harris Steel Fence Co Inca Bidder u onzed Signature/Title 04 Subscribed and sworn to (or affirmed) before me on thisday of _6 &de 2008 )J� L by -&a.du,m.,L personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ary Public = atAgo [SEAL] CO 111198 p 0 1702M a v NOfilry °iN"o-cow 1"" i My Commission Expires: LoaMmescoumv ��ar eaa,.. e.pm oac n. sore 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TENNIS COURT FENCING REPLACEMENT (GRANT HOWALD PARK) CONTRACT NO. 4043 DESIGNATION OF SURETIES Bidders name Harris Steel Fence Cc Inc Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): Insurance: Venture Pacifi Tn An Seryi6es, Inc 26487 Rancho Parkway South Lake Forest, CA 92630 James Barton 949- 297 -4900 Artisan Ronrli ng R Tnsuranra Sarvi raw, T.TIC 155 Rochester St Costa Mesa CA 92627 Andrew Sysyn 949 -515 -4194 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TENNIS COURT FENCING REPLACEMENT (GRANT HOWALD PARK) CONTRACT NO. 4043 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name Harris Steel Fence Co Inc Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary— Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Year of for for for for for Record 2007 2006 2005 2004 2003 Total 2008 No. of contracts Total dollar Amount of Contracts (in Thousands of$ ) 2,128. 1,981.1 1,845. 1,409.1 1,224. 3,276. No. of fatalities 0 0 0 0 0 0 0 No. of lost Workday Cases 1 0 1 2 1 1 6 No. of lost workday cases involving permanent 0 0 0 1 0 1 2 transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary— Occupational Injuries and Illnesses, OSHA No. 102. 13 Legal Business Name of Bidder Harris Steel Fence Co Inc Business Address: 8728 S San Pedro St Los Angeles CA 90003 Business Tel. No.: 323 - 751 -4104 State Contractor's License No. and 319155 Classification: C -13 Title rorp _ 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 Date Title Signature of bidder Date Title Signature of bidder Date Title Preair3ent If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners/joint ventures or of fewer than all of the partners/joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 CALIFORNIA ALL - PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of s st rI royAIt& ) County of ) On f� � 1 z `, V� before me, f^Cretrl &nLIa L� , (here inse name personally appeared W dlom /Jte kta'411, LC personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Pu ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (T le or wription of attacTcoinued) (Title or d eription attached dNumber of Pag s _ cum Additional inform ' n) (Seal) INSTRUCTIONS FOR COMPLETING THIS FORM Anv acknowledgment completed in California must contain verbiage exactfv as appears above in the notan section or a separate acknowledgment form must be properly completed and attached to that document. The oniv exception is if a document is to he recorded outside of California. In such instances. any alternative acknowledgment verbiage as mqv he printed on such a document sa long as the verbiage does not require the notan• to do .something that is illegal far a notary in California (i.e. certifving the authorized capacity of the signer). Please check the document carefidli jor proper notarial unrding and attarh this form if required • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he /she /they- is /are I or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits. otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. { Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. le Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO. CFO, Secretary). • Securely attach this document to the signed document (APA 02 Ions � hr Acveimim of Prnfe..nnrwl Nwaria & fSA W1M 71 -.M5 xu x.mnarvoknx. mm CAPACITY E SIG ER ❑ Indi ❑ Cor Vs ❑ Part❑ Atto ❑ Tru ❑ Other (Seal) INSTRUCTIONS FOR COMPLETING THIS FORM Anv acknowledgment completed in California must contain verbiage exactfv as appears above in the notan section or a separate acknowledgment form must be properly completed and attached to that document. The oniv exception is if a document is to he recorded outside of California. In such instances. any alternative acknowledgment verbiage as mqv he printed on such a document sa long as the verbiage does not require the notan• to do .something that is illegal far a notary in California (i.e. certifving the authorized capacity of the signer). Please check the document carefidli jor proper notarial unrding and attarh this form if required • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he /she /they- is /are I or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits. otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. { Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. le Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO. CFO, Secretary). • Securely attach this document to the signed document (APA 02 Ions � hr Acveimim of Prnfe..nnrwl Nwaria & fSA W1M 71 -.M5 xu x.mnarvoknx. mm 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TENNIS COURT FENCING REPLACEMENT (GRANT HOWALD PARK) CONTRACT NO. 4043 ACKNOWLEDGEMENT OF ADDENDA Bidders name Harris Steel Fence Co Inc The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TENNIS COURT FENCING REPLACEMENT (GRANT HOWALD PARK) CONTRACT NO. 4043 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: Harr; q Steel Pence o Inc Business Address: 8728 S San Pedro St Los Angeles CA 90003 Telephone and Fax Number: 323 - 751 -4104 323 - 751 -8812 Fax California State Contractor's License No. and Class: 3191 55 c -13 (REQUIRED AT TIME OF AWARD) Original Date Issued: 5114 06 Expiration Date: -;.1 31110 List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: Daniel Blanciak, V.P. The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone William A Blanciak Pres. 9552 Chevy Chase Dr Hunt.Bch. 714- 964 -5032 CA 92646 Corporation organized under the laws of the State of California 16 • • The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: None All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: None 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: None 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. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to , pay prevailing wage, falsifying certified payrolls, etc.) ?Yes `& Are any claims or actions unresolved or outstanding? Yes /a 17 0 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive- Harris Steel Fence Co Inc Ndder On Zjf 4 W ✓wtc,j-Al�)p B before me, personally appeared 1 kgnlp l a William A Rl anri aka Vl c j mnf (Print name of Owner or President of Corporate /C pany) u ized nature(ritle Title Date Notary Public, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (SEAL) Not ublic in and for said State My Commission Expires: 18 xevin euwcaK CONNAMON r 17012"Q O LOSAMULESCOUNW ' ih . E�w..aa a. rote CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TENNIS COURT FENCING REPLACEMENT (GRANT HOWALD PARK) CONTRACT NO. 4043 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 19 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TENNIS COURT FENCING REPLACEMENT (GRANT HOWALD PARK) CONTRACT NO. 4043 CONTRACT THIS AGREEMENT, entered into this 10 day ofiuly , 2008, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and HARRIS STEEL FENCE CO, INC., a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: TENNIS COURT FENCING REPLACEMENT (GRANT HOWALD PARK) Contract No. 4043 "The work necessary for the completion of this contract consists of removing and disposing existing chain link fence fabric, posts, bracing and wind screens, in the park and replacing with new fencing posts, top and mid bars, paint tennis net posts with black paint and install new windscreen install walkway stairs and railings and practice board." 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. 4043, 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. O 0 9 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 Seventy-Nine Thousand, Eight Hundred Forty-Nine and 001100 Dollars ($79,849.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Patrick Arciniega (949)644-3347 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: Harris Steel Fence Co., Inc. 8728 S. San Pedro Street Los Angeles, CA 90003 323 - 751 -4104 323 - 751 -8812 Fax Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with original certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that 21 0 0 insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto' and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 0 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. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract 23 0 0 amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. H. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the active negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 0 Ll 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 nnrl vcnr firef ... riffcn �hnva CITY CLERK APPROVED AS TO FORM: .", c AARON C. HARP Assistant City Attorney Cl A 9 HARRIS STEEL FENCE CO., INC. B• (C orate Officer) Title: Print Name: Daniel Blanciak Bv� (Financial - Officer) Title: President Print Name:William Blanciak Please note: Corporations must complete and sign both places above even if each office is held by the same individual rk7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TENNIS COURT FENCING REPLACEMENT (GRANT HOWALD PARK) k #i' ► CONTRACT NO. 4043 BOND NO. 4366086 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 1,996.00 , being at the rate of $ 25.00 per thousand of the Contract price, WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to HARRIS STEEL FENCE CO, INC., hereinafter designated as the "Principal ", a contract for construction of TENNIS COURT FENCING REPLACEMENT (GRANT HOWALD PARK), Contract No. 4043 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. 4043 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and SureTec Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport Beach, in the sum of Seventy -Nine Thousand, Eight Hundred Forty -Nine and 00/100 Dollars ($79,849.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and wait 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 • 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 (t ) 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 10th day of July , 2008. HARRIS STEEL FENCE CO, INC. (Principal) Authorized SignakurelTitle SureTec Insurance Company Name of Surety 3033 5th Avenue, Suite 300 San Diego, CA, 92103 Address of Surety (800) 288 -0351 Telephone Authorized Agent Andrew Sysyn, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 • 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ?n5_c��.c�a,.i:.; ..: +_...�" -�. ;, t>_c..•,a> a•_c>. c.5_:�5_� . cats/ �s.. _c� :::>.,>�c,;.aes�-si,. +.v_+aa s.%a :�av:.nir+aLSen aa5,!"... �c>v:.ts �._<.<4a.•� -s.. v -:. State of California 1 County of Orange J} On July 10, 2008 before me, Andrew J. Sysyn, Rotary Public._ Date Heta Inaert Name MC Title of the � personally appeared William A. Blanciak Name(s) Of 819mr(s) ANDREW J. SYSYN Commission # 7624378 IL IL Notary Pubtc - California Orange County QMy Comm. Expires Nov 24, 2009 Place Notary Seal Ahwe who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istxl7scsubscribed to the within instrument and acknowledged to me that heLtsgt executed the same in hisraauthorized capacity(igf4, and that by his/hffAbnjr signature(R) on the instrument the person(a), or the entity upon behalf of which the person(4 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal., Signature ,�" o– 1 �C1�•sv�� 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: Signer(s) Other Than Named Above: Capecity(tes) Claimed by Signer(s) Signer's Name: • individual • Corporate Officer— Title(s): • Partner — ❑ Limited ❑ General • Attorney in Fact ❑ Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUPoIBPRINT ar SlG..ER Number of Pages: Signer's Nat ❑ Individual • Corporate Officer — Title(s): _ • Partner —❑ Limited ❑ General • Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMDPRINT OF SIGNFR 0 '%'.��'.c;d "'�:�s�:caa<a ,� .•.cs- .:. c�: r�: �:, c.• stts��a�. c. �¢ �: c`. c�. �s.�...d.:d:`.:r:«.c�cs,:•�: -• - �h..L.c�,cv: <sti<cY: ,•. :,, : - CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange On 7/10/08 before me, R. Mendoza, Notary Public Date Name and Ttlle of 0111M (e.., 'Jane Doe, Notary PuDlie) personally appeared Andrew Sysyn Name(.) of Slgnegs) �unuuwuwlu) unuuuuxtuwmunllnnamuunmm�xunnmxulu? ENDOIA � 16W CoMon 2 1385 Notary Public . conromlo ff aonpgegcounty annmuunwuui�n nnm°R uuut et3,ttxlxlN0V 14, Nn1112�nm Place Notary Seal Above M personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person" whose name(g) isles subscribed to the within instrument and acknowledged to me that hellboN @qr executed the same in his /herAlmir authorized capacity(des), and that by his1JwwVvXx signature(s) on the instrument the personf*, or the entity upon behalf of which the personas) acted, executed the instrument. WITNESS myktapd_ and officia'�eal, signature of Notary Pet, 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: Signer(s) Other Than Named Above: Number of Pages: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General X Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1899 National NotaryAmrciation • 935o Ce Soto AVM.. P.C. Box 2402 • ChabwMa, CA 913132402 • nxw.mtkv - ftay.org Pm . No. 5907 Reonler. Call Ta M 1 -800 aM6927 • i PGA M 510001 SureTec Insurance Company LIMITED POWER OF ATTORNEY Kmw Aff Men by These Presene, That SURETEC INSURANCE COMPANY (the "Company "), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Raylene Mendoza, Andrew Sysyn of Costa Mesa, CA its true and lawful Amimey(*in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instrumetus or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no /100 ($5,000,000.00) and to bind the Company thereby as tally and to the some extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duty attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s )-in Fact tray do in the premises, Said appointment shall continue in force until 10/31109 and is made under. and by authority of the following resolutions of the Board of Directors of the SureTee Inamaice Company: Be it Resolved that the President, any Vioe- President, any Assistant Vice - President, any Secretary to any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persmns as Attorney(s)-in-Fad to represent and as for and on behalf of die Company subject to the following provisions: Atto»rey-tn -Faer may be given fit0 power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds; moognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any stich instrunents so executed by any such Attorney -in -Fact shell be binding upon die Company as ifsigned by the president mid sealed and effected by the Corporate Secretary. Be it Resolved thatthe signature of any anthodaed officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating theme by facsimile, and any Power of attorney or certificate bearing facsimile signature or facsimile said shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached (Adopted of a meeting held on 2e of April, 1999.) In H76wa Wha'eof, SURETEC INSURANCE COMPANY bas caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of Jane, A.D. 2005. TEC CECOMPANY By: in tv a r. t State of Texas as: 4tv v County of Harris �1 • t On this 20th day of June, A.D. 2W5 before me personally dame B.J: Kin& to me known, who, being by me duly sworn, did depose and say, that ho resides in Houston, Texas, that he Is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows. the seal of said Company; that due seal affixed to said instrument is such carporaate seal; that it was so aGixed by order of the Board of Directors of said Company: and that he signed his name thereto by like order. MiGlteile Derm • a 1Iala d Tana71 �yltk+✓Nr.� rv.A"• Celmt> M 11*10et Michelle Denny, Notary hPi e AuQUd 27, 20M My commission expires August 27, 2008 I, M. BrentB any, Assistant Secretary of,SUR'BTBC INSURANCE COMPANY, do hereby certify that the above and foregoing is awe and correct copy of a Power of Attorney, executed by said Company, which is still in full fcire'and of t; and furthemmre, the resolutions of the Board of Directors, set out in the Power of Attorney are, in foil force and effbet.. Given under my hand and the seal of said Company at Houston, Texas this jjD day 20 a 8, A.D. Brent Bea , istant8e nary Any Instrument leaned In excess of the penalty stated above is totally void and without arryva0digr. For vedlicadoo of the audmdty of this power you may call (T17) 812-0800 any business day botgaen.8:00 am and 8:80 pm CST. 0 1 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TENNIS COURT FENCING REPLACEMENT GRANT HOWALD PARK CONTRACT NO. 4043 BOND NO. 4366086 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to HARRIS STEEL FENCE CO, INC., hereinafter designated as the "Principal," a contract for construction of TENNIS COURT FENCING REPLACEMENT (GRANT HOWALD PARK), Contract No. 4043 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. 4043 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials. provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, SureTec Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of Seventy -Nine Thousand, Eight Hundred Forty-Nine and 001100 Dollars ($79,849.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit Is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of Califomia. eT 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 10th day of July ly '2008. HARRIS STEEL FENCE CO, INC. (Principal) Authored Slgnature1Title SureTec Insurance Company Name of Surety 3033 5th Avenue, Suite 300 San Diego, CA 92103 Address of Surety (800) 288 -0351 Telephone Authorized Agent Sig ature Andrew Sysyn, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CQNTRACT OR AND SURETY MUST BE ATTACHED 27 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ..�,:.._s, s- >' -sM' M, <,:.., =,_ :<_aa;ar; s, s��..:.. 3;;� >_�..� >�g, >�:>,.,, >• State of California l County of Orange Ji On July 10, 2008 before me, Andrew J. Sysyn, Notary Public.: Date Here Insert N ana Title of Me officer personally appeared William A. Blanciak Nam(s) of Signe(s) ANDREW J. SYSYN Commisslon # 1624378 6m1ycom. Notary Public - California orange County Expires Nov 24,20D9 who proved to me on the basis of satisfactory evidence to be the person(A whose name(s) ishamsubscribed to the within instrument and acknowledged to me that hem executed the same in hisillmmllimfitauthorized capacity(i%), and that by his/tm~ signature(fl) on the instrument the person(s), or the entity upon behalf of which the person(4 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature ,fig aNMry PahYc OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capaclty(tes) Claimed by Signer(s) Signer's Name: ❑ Individual • Corporate Officer— Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER LN Number of Pages: Signer's Net ❑ Individual • Corporate Officer — Title(s): _ • Partner —❑ Limited ❑ General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: HIGHT THUD4BPRINT OF-SIGNER 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California ss. County of Orange On 7/10/08 before me, R. Mendoza, Notary Public Date Name and Title of Officer (e.g., -Jane Doe, Notary Pubtid) personally appeared Andrew Sysyn Nam(s) of slgnerte) Junxnunuunuxxmroununnuununlxuuunmxnnllnnuunmq� R. MENDOZA CommAslon # 1621385 Notary Caliomlo Orange County 2 mmm�nunniiy,,Connunbnuulumn until vl ti 2009 m Place Notary Seal Above ,10 personally known to me 0 proved to me on the basis of satisfactory evidence to be the personM whose name(@) isRW subscribed to the within instrument and acknowledged to me that he/litkolifty executed the same in his /hedtl�irir authorized capacity#zs), and that by his/7a> a signature(a) on the instrument the persord*, or the entity upon behalf of which the person(7g) acted, executed the instrument. WITNESS m� hand and offi�li I seal. OPTIONAL signature of Notary pugs Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General X Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: 0 1 889 National Notary A otloa•9950 De Sato Ave., P.O. Box 2402, Chatoeo , CA9131S4)2 • anvnefimonolagm Prod. M. 5907 Reenter.. CadT Free 1i 819� 0 0 POA ei 510001 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know AR Men by These Presents, That SURETEC INSURANCE COMPANY (the °Company'l, a corporation duly organized and existing under the laws of the State of Texas; and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Raylene Mendoza, Andrew Sysyn of Costa Mesa, CA its true and lawful Attomey(s)-in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety; providing the bond penalty does not exceed Five Million Dollars and no /100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bogs were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises, Said appointment shall continue in force until 10/31/09 and is made under and by authority of the Wowing resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolveg that the Presided, any Vice-president, any Assistant Vice - President, any Secretary or any Assistant Secretary shall be and Is hereby vested With full power and authority to appoidany one or more suitable persons as Attamey(*in =Fact to represent and act for and at behalf ofthe Company subject to the following provisions: Attordg,ha Faet may be given fall power and authority for and in the name of and of behalf of the Company, to. execute, acknowledge and deliver, any and all bonds, recognizaoms, contracts, agreements or Indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability tbereonder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved dual the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power ofanorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a nteetotg held on 20" ojApK1, 1999.) In W ONO N*Wwf, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed th is 20th day of June, A.D. 2005. TEC RANCE COMPANY 4r yyy^ ^ 4 oy Byl ! Wy B.J.ICi g, esid t Stare of Tex ss: County of Harris e On this 20th day of June, A.D. 2005 before Me personally came Bx King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he Is President of .SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company, that the seal atitxod to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company, and the he signed his name thereto by like order. MiChi�Ae Dtimy INatary PtR�t10 IS My�."OOaalwlan OgltM Michelle Denny, Notary P�6e AtlQilliJ 27,1008 My commission expires August 27, 2008 I, M. Brent Beaty, Assisted Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full farce and effect; and finrthennore, the resolutions of the Board of Directors, set out in the Power of Attorney are inYlutl force and effect Given under my "hand and the seal of said Company st Houston, Texas this 20 ag , A.D. Brent Bea , istant 5 ary Any hMniment hued In excess of the penalty stated above Is totally Vold and without any vault. For vadlcation of the authority of this power you may call i718i 812-0800 any business day between 8:00 we and 5;00 Pin CST. 7/15/08 COnfirmNet -> 1540"43318 . Pg `L /5 ACORD,R CERTIFICATE OF LIABILITY INSURANCE 1 DATE 07/115/08 5 /08 YYY) PRODUCER LIC #OD10299 1 -949- 297 -490D Venture Pacific Insurance Services, Inc. 26487 Rancho Parkway South Lake Forest, CA 92630 James Barton THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC lE INSURED Harris Steel Fence Bill Blanciak 8728 S San Pedro Loa Angeles, CA 90003 INSURERA: Peerless Ina Cc 24198 INSURERS GOLDEN EAGLE INS CORP 10836 INSURERC Delos Insurance Company CEPOIS7227 1 INSURERD: 06101109 NSURERE: $1.000.000 r Ic,. nr_vc THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTH E POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR W TYPE FINSU AN E POUCYNUMBER POLICY E TE FV POUCYEXPIRATION LIMITS • GENERAL LIABILITY X COMMERCIAL GENE RAL LIAR ILITY CLAIMS MADE Ex7 OCCUR CEPOIS7227 06/01/08 06101109 EACHOCCURRENCE $1.000.000 PREMISES oww, $500,000 MEDEXP(ADYo Lem,X) $10,000 PERSONAL& ADV INJURY $1,000.000 GENERALAGGREGATE $ 2,000,000 GEN L AGGREGATE OMIT APPLIES PER: X POLICY r7 PRO. LOC JI 71 PRODUC&-COMPCPAGG $2.000,000 • AUTOMOBILELIABILITY ANY AUTO ALL OWNED AUTOS SCHEDU LEOAUTOS HIREOAUTOS NON OWNED AUTOS CEP0157227 D6/01/08 06101/09 COMBINED SINGLE LIMB (EBOXII6001 $1,000,000 X BODILY INJURY (Pew pe=-) $ BODILY INJURY (Pwacdrlent) $ PROPERTY DAMAGE (Per accident) $ GARAGELIABIL11 ANY AUTO AUTOONLY EAACCIDENT $ OTHERTHAN EAACC AUTO ONLY AGO $ $ B EXCESSIUMBRELLA LIABILITY X OCCUR �CLAIMSMADE DEDUCTIBLE RETENTION $ CUS455707 06/11/08 06/01/09 EACH OCCURRENCE $1,ODO,0DO AGGREGATE $1,000,000 $ $ C WORKEFISCOMPENSATIONAND EMPLOYERS' LIABILITY ANY FROPRIETORIPARTNEREXECUTIME OFFICIEWMEMBEIR EXCLUDED? H yas. tlescrme antler SPECIAL PROVISIONS below OIDXRH12000705 07/29/07 07/29/08 TH X WCyTIMT T$ ER E.L.EACH ACCIDENT $1,000,000 E.LDISEASE EAEMPLOYEE $1,000,000 E1,01SEASE POLICYLIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONSI VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS +10 day notice for non payment of premium* Unless excluded, additional Insured per form attached applies. RE:Contract #4043, Tennis Court Fencing Replacement - Grant Howald Park Per attachments additional insured includes The city of Newport Beach, its officers, officials, employees & volunteers. ,. ertl Ir ra.nl � ContraCt 4043 Grant Howald Park SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Newport Beach DATE THEREOF, THE ISSUING INSURER WILL RUSIEKKOMMMAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 3RKD9Wh%&%yW'V0=DTA1XX Public Works Dept ] 4151LSgdg6S70feL IC7ATE7WWrdWLXA( WYTrlE7ta( i4N0XrkNX76iGXN rDIk7DiJl$$Y7iXiLii#C0i[X 3300 Newport Blvd. XXN7tYEMMV% ERX XR% XXXXX X% XXX XXXXXXXXXXX %XXXXXXXXXXXXXXXXXXX Newport Beach, CA 92663 AUTHOSIVEDREPRESENTATIVE USA _ ACORD 25 (2001ID8) frieda © ACORD CORPORATION 1988 9338519 Cenricate Delivery by Cen ficatesNm - www.ConfirmNat.wm - 877.669.8600 7/15/08 ConfirmNet —> 1949 43318 0 Fig 3/5 110�, H If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing Insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 0 0 rormmg a pan yr Policy Number: CBP8157227 Coverage is Provided In PEERLESS INSURANCE COMPANY - A STOCK COMPANY Named Insured: Agent: UNITED AGENCIES INC Harris Steel Fence Co. Agent Code: 4295289 Agent Phone: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE ENDORSEMENT This endorsement modifies the following policy coverage forms: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE FORM Endorsement Effective: (At 12:01 A.M. Standard Time) The insurance provided by this policy for the benefit of the Additional Insured shown in the Schedule shall be primary insurance as specifically described in: COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 0001 Section IV Commercial General Liability Conditions, 4. Other Insurance a. Primary Insurance SCHEDULE Name of Person or Organization: City of Newporl Beach, its officers, officials, employees and volunteers. Name of Person or Organization: GECG 827A (11197) .., ....... y .- --- .. • • Policy Number: CBP8157227 Coverage IS Provided In PEERLESS INSURANCE COMPANY - A STOCK COMPANY Named Insured: Agent: UNITED AGENCIES INC Harris Steel Fence Co. Agent Code: 4295289 Agent Phone: (626) -792 -1176 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Section II — Who is An Insured is amended to include as an insured the person or organization shown In the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products - completed operations hazard ". SCHEDULE Name of Person or Organization: City of Newport Beach, its officers, officials, employees and volunteers. Location And Description of Completed Operations: Grant Howald Park Additional Premium: $100 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) CG 20 37 (10101) ® ISO Properlies, Inc., 2000 AGENTCOPY GOLDENOLE GOLD ENDORSEMENT - FORM G0602 ADDITIONAL INSURED AND WAIVER OF SUBROG TION A. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under SECTION II - WHO IS AN INSURED is amended to include as an insured any person or organization when you and such person or organization have agreed in writing in a contract, agreement or permit that such person or organization be added as an additional insured on your policy to provide insurance such as is afforded under this Coverage Part. Such person or organization is not entitled to any notices that we are required to send to the Named Insured and is an additional insured only with respect to liability arising out of: a. Your ongoing operations performed for that person or organization; or b. Premises or facilities owned or used by you. With respect to provision 1.a. above, a person's or organization's status as an Insured under this endorsement ends when your operations for that person or organization are completed. With respect to provision 1.b. above, a person's or organization's status as an insured under this endorsement ends when their contract or agreement with you for such premises or facilities ends. 2. This endorsement provision A. does not apply: a. Unless the written contract or agreement has been executed, or permit has been issued, prior to the "bodily injury", "property damage" or "personal and advertising injury"; b. To "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, in the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; c. To the rendering of or failure to render any professional services including, but not limited to, any professional architectural, engineering or surveying services such as: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; d. To "bodily injury", "property damage" or "personal and advertising injury" arising out of any act, error or omission that results from the additional insured's sole negligence or wrongdoing; e. To any person or organization included as an insured under provision B. of this endorsement; f. To any person or organization included as an insured by a separate additional insured endorsement issued by us and made a part of this policy. Transfer of Rights Of Recovery Against Others To Us a. If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring suit or transfer those rights to us and help us enforce them. b. If required by a written "insured contract', we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or 'your work" done under that written "insured contract' for that person or organization and included in the "products- completed operations hazard ". WORKERS COMPENSATION LIABILITY INSURANCE (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover from our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. Person or Organization Blanket Waiver Minimum Premium $500 SCHEDULE lob Description All California Operations 2% of the total classification This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective 916/07 Policy No. 01DKRMl- 2000 -705 Endorsement No.1 Insured Harris Steel Fence Co (A Corporation) Insurance Company: Delos Insurance Company - 35408 Countersigned By: 01998 by the Workers Compensation Insurance Rating Bureau of Califomia. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual 02001. 9/712007 cca Fax #: L CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach 0 This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 7/14/08 Date Completed: 7/14/08 Dept. /Contact Received From: Shauna Oyler Sent to: Shauna Oyler By: Jessica Scherer Company /Person required to have certificate: I. GENERAL LIABILITY Harris Steel A. INSURANCE COMPANY: Peerless Insurance Company 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 or greater): What is limit provided? $1M Each Occ /$2M Agg E. PRODUCTS AND COMPLETED OPERATIONS (Must ® Yes ❑ No include): Is it included? F. ADDITIONAL INSURED WORDING TO INCLUDE (The ❑ Yes ® No City its officers, officials, employees and volunteers): Is it included? G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be ❑ Yes ® No included): Is it included? H. CAUTION! (Confirm that loss or liability of the named ❑ Yes ® No insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Peerless Insurance Company B. AM BEST RATING (A: VII or greater) AXV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM): What is limits provided? ® Yes ❑ No $1,000,000 E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its ❑ Yes ® No officers, officials, employees and volunteers): Is it included? F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 0 0 III. WORKERS' COMPENSATION A. INSURANCE COMPANY: Delos Insurance Company B. AM BEST RATING (A: VII or greater): A -VIII C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes ❑ No IF NO, O WHICH ITEMS NEED TO BE COMPLETED? GL: Additional insured wording does not include The City, Its officers, officials, employees and volunteers or primary & noncontributory wording. Auto: Additional insured Wording and endorsement not included. WC: Carrier rated lower than required. Check A License: Contractor's License Detail Page 1 of 2 Skip to: CSLB Home I Content I Footer I Accessibility arch CSLB Department of Consumer Affairs 00w, V Contractors State License hoard d! if �. I►Iful,11 111 II)III IIIIII11111Ii� lII,IIIIIIiIII IIII Illllllil lllll llllill� h„I►fII,1 ,.� IIIIIIIIIIIII 03 w.res eolrrruaata APRICrfa O�IF.�11 NiKI lUlIriiiawa>f eeawu. lilFe CSLB Newsroom Board and Committee A DISCLAIMER: A license status check provides information taken from the Meetings CSLB license database. Before relying on this information, you should be aware of Disaster Information the following limitations. Center • Processing Times • Check Application Status • Search for a Surety Bond Insurance Company • Search for a Workers' Compensation Company How to Participate License Number: Business Information: Entity: Issue Date: Expire Date: License Status: 319155 HARRIS STEEL FENCE CO 8728 S SAN PEDRO ST LOS ANGELES, CA 90003 Business Phone Number: (323) 751 -4104 . ... ........... Corporation 05/14/1976 0313112010 Extract Date: 06/23/2008 This license is current and active. All information below should be reviewed. Classifications: CLASS DESCRIPTION http: / /www2.csib.r-a.gov/ General - Information /interactive- tools/ check -a- license /License +Detai1.asp 06/23/2008 i • CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject to public CSLB Library complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button Frequently Asked to obtain complaint and/or legal action information. Questions • Per B &P 7071.17, only construction related civil judgments reported to the CSLB are disclosed. Online Services • Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. • Check A License or HIS • Due to workload, there may be relevant information that has not yet been entered onto the Registration Board's license database. • Filing a Construction Complaint • Processing Times • Check Application Status • Search for a Surety Bond Insurance Company • Search for a Workers' Compensation Company How to Participate License Number: Business Information: Entity: Issue Date: Expire Date: License Status: 319155 HARRIS STEEL FENCE CO 8728 S SAN PEDRO ST LOS ANGELES, CA 90003 Business Phone Number: (323) 751 -4104 . ... ........... Corporation 05/14/1976 0313112010 Extract Date: 06/23/2008 This license is current and active. All information below should be reviewed. Classifications: CLASS DESCRIPTION http: / /www2.csib.r-a.gov/ General - Information /interactive- tools/ check -a- license /License +Detai1.asp 06/23/2008 i Check A License: Contractor's License Detail Page 2 of 2 C13 FENCING ................... .. Bonding: CONTRACTOR'S BOND This license filed Contractor's Bond number 901324 in the amount of $12,500 with the bonding company SURETY COMPANY OF THE PACIFIC. Effective Date: 01/01/2007 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) WILLIAM ARTHUR BLANCIAK certified that he /she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 07/22/1980 Workers' This license has workers compensation insurance with the Compensation: DELOS INSURANCE.COMPANY Policy Number: OIDKRM12000705 Effective Date: 07/2912007 Expire Date: 07/29/2008 Workers' Compensation History Consumers I Contractors I Applicants I Journeymen Public Works I Building Officials I General Info CSLB Home I Conditions of Use Privacy I Contact CSLB Copyright © 2007 State of California http: / /www2.cslb.ca.gov /General- Information/ interactive - tools / check -a- license /License +Detail.asp 06123/2008 0 0 California Business Search • • Page 1 of 'i DISCLAIMER: The information displayed here is current as of JUN 20, 2008 and is updated weekly. It is not a complete or certified record of the Corporation. Corporation HARRIS STEEL FENCE CO. Number: C0719339 Date Filed: 7/29/1974 Status: active Jurisdiction: California Address 8728 SOUTH SAN PEDRO STREET LOS ANGELES, CA 90003 Agent for Service of Process WILLIAM A BLANCIAK 8728 SOUTH SAN PEDRO STREET LOS ANGELES, CA 90003 Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender ", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. http:llkepler. ss. ca. gov /co rpdatalS howAl ILi st ?QueryCorpN umber= C0719339 &pri.... 06/23(2008 Encompass Detail Acct. Type: Business Tax License #: BT30021739 Bus. ID: 0033043 Name: HARRIS STEEL FENCE CO INC Owner BLANCIAK, WILLIAM A Name: Owner C Type: Exp. Date: 1/31/2009 S Addy: 8728 S SAN PEDRO ST Q S Addy 2: Addr3: LOS ANGELES CA Zip: 90003 B Addri: 8728 S SAN PEDRO ST B Addr2: B Addr3: LOS ANGELES, CA B Zip: 90003 Phone: (323)751-4104 FEIN: 952901491 SEIN:0719339 Established: 11/14/2003 SIC: 1799 -MISC SPECIAL TRADE CONTRACTORS Owner #: 13645 # of Emps: 0 usrl: 177049 usr2: usr3: usr4: usrS: usr6: usr7: C .. . ... Ir � +w�y� MttroWft... MicrOSOFL..�;rjInbox - ... 2 Per... - r- Io 2Inte...- <��4V2 1l Q1:, 0 1 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL GRANT HOWALD TENNIS COURT FENCING REPLACEMENT CONTRACT NO. 4043 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. 4043 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 @ One thousand Dollars and No Cents Per Lump Sum 2. Lump Sum Remove chain link fence, windscreen and other misc. items. five hundred @Three thousand Dollars and No Cents Per Lump Sum 3. 6,700 S. F. Install chain link wire fabric 1 V 8 12kk 9 -gage core black @ Two Dollars and Twenty five Cents Per Square Foot $ 2.25 $ 1,000.00 $ 3.500.00 $15,075.00 0 • PR2of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 4,300 S. F. Install black vinyl- coated windscreen @ Dollars and eighty Cents $ .80 Per Square Foot 5. 16 L.F. Prepare posts, prime and apply 2 coats of black paint @ Seven Dollars and No Cents $7.00 Per Linear Foot 6. 1,100 L.F. Install new 1 -5/8" diameter mid and top bar Galvanized black vinyl- coated steel bar @ Six Dollars and twenty seven Cents $ 6.27 Per Linear Foot 7. 2 EA Remove and dispose of pedestrian gates and install new gates @ Eight hundred Dollars and Cents $ 800.00 Each 8. 54 EA Install new 4" O.D. x 15' long galvanized black coated fence posts. @Four hundred Fifty Dollars No and Cents $ 450.00 Each $ 3,440.00 $ 112.00 $ 6,897.00 $ 1,600.00 $24,300.00 E 40 PR3of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9. 8 EA Install new 4" O.D. x 9' long galvanized black coated fence posts. Fifty (a)Four hundred Dollars and NO Cents $ 450.00 $ 3,600.00 Each 10. 15 C.Y. Pour new concrete footings for fence posts @Seventy five Dollars and No Cents $ 75.00 Per Cubic Yard 11. Lump Sum Pour new concrete steps and install handrails Fourteen thousand @ three hundred Dollars and No Cents Per Lump Sum 12. 1 C.Y. Pour 2 -sack slurry backfill to fill in void under court slab @ Two hundred Dollars and NO Cents $ 200.00 Per Cubic Yard 13. Lump Sum Construct new tennis practice board @ Two thousand Dollars and NO' Cents Per Lump Sum $ 1,125.00 $14,300.00 $ 200.00 $ 2,000.00 41 • PR4of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 14. Lump Sum 15. Lump Sum Restore landscaping to preexisting conditions @ Twelve hundred Dollars and NO Cents $ 1,200.00 Per Lump Sum As Built Drawings @ Fifteen hundred Dollars and No Cents $ i __ 500.00 Per Lump Sum TOTAL PRICE IN WRITTEN WORDS Seventy nine thousand eight hundred forty nine -------- - - - - -- Dollars and Nn Cents Date 323 - 751 -4104 323 - 751 -RR19 Fax Bidder's Telephone and Fax Numbers $ 7Q., R49 00 Total Price (Figures) .I, 319155 C -13 8728 C Ran Parirn qt Bidder's License No(s). Bidder's Address and Classification(s) Los Angeles CA 90003 Bidder's email address: harrisfenceaaol com Last saved by srooks0512912008 12:50 PM LluserslpbvAsharedVmntractslfy 08- 091grant howald tennis cant fencing c -0043lproposal c 4043.doc 9 0 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS TENNIS COURT FENCING REPLACEMENT (GRANT HOWALD PARK) CONTRACT NO. 4043 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 6 -7.4 Working Hours 6 -9 LIQUIDATED DAMAGES SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7 -8 PROJECT SITE MAINTENANCE 1 1 1 1 1 2 2 2 2 2 2 3 3 3 3 4 4 4 0 • 7 -8.5 Temporary Light, Power and Water 4 7 -8.6 Water Pollution Control 4 7 -8.6.1 Best Management Practices and Monitoring Program 4 7 -9 PROTECTION AND RESTORATION OF IMPROVEMENTS 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 5 7 -10.1 Traffic and Access 5 7 -10.2 Storage of Equipment and Materials in Public Streets 5 7 -10.3 Street Closures, Detours, Barricades 6 7 -10.4 Public Safety 6 7- 10.4.1 Safety Orders 6 7 -10.5 "No Parking" Signs 7 7 -10.7 Notice to Residents and Temp Parking Permits 7 7 -15 CONTRACTOR LICENSES 7 7 -16 CONTRACTOR'S RECORDS /AS BUILT PLANS 7 SECTION 9 MEASUREMENT AND PAYMENT 7 9 -3 PAYMENT 7 9 -3.1 General 7 9 -3.2 Partial and Final Payment 9 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 10 300 -1 CLEARING AND GRUBBING 10 300 -1.3 Removal and Disposal of Materials 10 300 -1.3.1 General 10 300 -1.5 Solid Waste Diversion 10 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 10 308 -1 GENERAL 10 STANDARD DRAWINGS 606 -2 STANDARD DRAWINGS 640 -2 Revised 12 -21 -2005 r-I u • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS TENNIS COURT FENCING REPLACEMENT (GRANT HOWALD PARK) CONTRACT NO. 4043 INTRODUCTION SP 1 OF 11 All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. P- 5216 -S); (3) the Citys (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714- 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE Add to this section, `The work necessary for the completion of this contract consists of removing and disposing existing chain link fence fabric, posts, bracing and wind screens, in the park and replacing with new fencing posts, top and mid bars, paint tennis net posts with black paint and install new windscreen install walkway stairs and railings and practice board." SECTION 3 - -- CHANGES IN WORK 3-3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, 0 0 SP2OF11 "(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 6--- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed.' No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. 0 0 SP3OF11 The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 30 consecutive working days after the date on the Notice to Proceed. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1St (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve), December 25th (Christmas), and December 31St (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December 31st falls on a Sunday, the following Monday is a holiday. If January 1St July 41h 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 $60.00 per hour when such time periods are approved. 0 0 SP4OF11 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "if the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at http://www.city.newport- beach.ca. us /pubworks /links. htm." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. i • SP 5 OF 11 b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS Add to this section: "The contractor shall take all the necessary precautions to protect the tennis court surfaces. Any damage to the surfaces in the execution of his work shall be restored at the Contractor's expense and included in the Bid. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre- construction condition. The 0 0 SP 6 OF 11 Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detour plans shall meet the following requirements: 1. Emergency vehicle access shall be maintained at all times 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners." 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours 0 • SP7OF11 in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Forty -eight hours prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. The Contractor shall distribute to the residents the notice indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a "C -13" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 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. 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 • • SP8OF11 restoring all existing improvements, to complete the item of work in place and no other compensation. will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Remove and Dispose of Existing Chain Link Fence and Windscreen, Top and Mid 1 5/8" diameter Galvanized Bars, Practice Board and AC Walkway: Work under this item shall include removing and disposing of the existing chain link fence and windscreen, existing mid and top galvanized steel bars, pedestrian gates and bracing posts, bars and footings. Item No. 3 Install Chain Link Wire Fence Black Vinyl- Coated 1 % "- 8 -12kk with 9- gage core: Work under this item shall include full compensation for furnishing the labor, materials, tools, and equipment for furnishing and installing vinyl- coated chain link wire fence by Hoover Fence Co. 1- 800 - 355 -2335 or approved equal black color complete with all accessories and hardware with the same finish to complete installation. Bottom edge of fence to be equipped with a 9 -gage stainless steel galvanized black vinyl- coated coiled spring tension wire to maintain a uniform straight edge. Item No. 4 Install Black Vinyl- Coated Polyester Windscreen: Work under this item shall include full compensation for furnishing the labor, materials, tools, and equipment for furnishing and installing black vinyl- coated polyester windscreen by Collins Company 1- 800 - 222 -4348 or approved equal black color compete with all accessories and hardware with the same finish to complete installation. Item No. 5 Scrape Clean Posts Prepare With Acid Wash Metal -Etch by Jasco 0702 -1 or equal, and Apply Primer Galy -Alum by Dunn Edwards (tinted 50% with Endura Gloss Black Oil Base Paint by Dunn Edwards) then Paint with 2 Coats Endura Gloss Black Oil Base Paint by Dunn Edwards (800- 735 - 8099): Work under this item shall include full compensation for furnishing the labor, materials, tools, and equipment to scrape clean existing galvanized posts, prepare surface with Metal -Etch prior to application of two (2) coats of Endura Gloss Black Oil Base Dunn Edwards Paint. Item No. 6 Install New 1 5/8" Diameter Mid and Top Galvanized Black Vinyl - Coated Steel Bar: Work under this item shall include full compensation for furnishing the labor, materials, tools, and equipment to install galvanized 1 5/8" diameter horizontal rails, standard weight pipe, SCH 40. Item No. 7 Install New Galvanized Black Powder- Coated Steel Gates: Work under this item shall include full compensation for installation of a standard pedestrian gate 4' wide x 7' tall complete with heavy duty hinges and lockable U latch. Framework r • SP9OF11 shall be galvanized pipe 1 7/8" diameter standard weight pipe, schedule 40. Use same chain link wire and windscreen selected for fence. Item No. 8 Install new 4" O.D. x 15' long galvanized black vinyl- coated fence posts. Work under this item shall include full compensation for installation of 54 new galvanized black vinyl- coated posts to support new fencing for tennis courts. Item No. 9 Install new 4" O.D. x 9' long galvanized black vinyl- coated fence posts. Work under this item shall include full compensation for installation of 8 new galvanized black vinyl- coated posts to support new interior fencing for tennis courts. Item No. 10 Pour new concrete footings for new fence posts. Work under this item shall include full compensation for installation of all new concrete footings for new fence posts. (See Footing Details on Sheet 2 of 2) Item No. 11 Pour New Concrete Steps and Install Handrails. Work under this item shall include full compensation for installation of grading, new stairs, landings, and handrails for stairway stairs will be per APWA STD 640 -2 Type W. where C = 6 ", W = 5', handrails shall be per APWA Std 606 -2 Type 'A' with top rail type 1. Item No. 12 Pour Slurry Backfill. Work under this item shall include full compensation for installation of 2 -sack slurry backfill for void under slab. Item No. 13 Construct New Tennis Practice Board. Work under this item shall include full compensation for installation of a new 1" thick medium density overlay (MDO) plywood x 10'x16' wood practice board for tennis court. Apply EasyPrime by Dunn Edwards (tinted 50% with dark green PermaSheen Semi -Gloss exterior paint by Dunn Edwards) and finish with 2 coats of of PermaSheen Semi -Gloss exterior paint. Work under this item shall include full compensation for furnishing the labor, materials, tools, and equipement to paint the bare wood surfaces with EasyPrime and 2 coats of PermaSheen Semi -Gloss exterior paint. Item No. 14 Restore damaged landscape: Work under this item shall include full compensation for installation and restoration of irrigation components, damaged landscaping, (i.e. turf, shrubs, and other plants). Item No. 15 The "As- Built" plans shall be submitted and approved by the Engineer prior to final payment or release of any bonds. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." 0 PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 0 SP 10 OF 11 Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: http: / /www. city. newport- beach.ca.us /GSV /Frachised Haulers.htm." 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall be responsible for ensuring that no tree roots are pruned or cut that could compromise the stability of the tree. The Contractor shall arrange to meet for this work with the City's Urban Forester, Mr. John Conway at (949) 644 -3083 a minimum of five workdays prior to beginning the work. The Contractor shall describe the method of pruning and removing minor tree roots that may be encountered during construction. The Urban Forrester will decide at that time if a formal submittal is required for review by the City. If the Contractor encounters large tree roots, he /she shall cease work at that location and immediately contact the City's Urban Forrester for inspection. Upon inspection, the Urban Forrester may require the Contractor to formally submit a plan for removing the large roots to the City for review. The submittal shall adhere to the following guidelines. 1. Root Pruning SP 11 OF 11 a. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. b. Roots shall be cleanly severed using a root - pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root - cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and /or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and/or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump - grinding machine instead of a root - pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre- approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. FAUsers \PBW\Shamd \Contracts \FY 08-09 \Grant How ld Tennis Court Fencing C- 4043\SPECS C- 4043.doc 0 • 0 51 mm (2 ") 0 STD STL PIPE, RAILS AND POSTS 51 mm (2 ") ^0 STD PIPE, RAILS 0 N N i - 460 mm E (18 ") E� ° a 460 mm °• v (70 SECTION A -A TYPE B B -j rRAILS ,,PICKETS C 51 mm (2 ") 0 13 mm (1/2 ") 0 c STD PIPE STD PIPE 60 mm (14 ") 60 mm (14 ") 360 mm (14 ") SECTION B -B POSTS --G*i 64 mm (2 -1/2 ") 0 C SECTION C -C STD PIPE OR TYPE C 51 mm (2 ") 0 EXTRA STRONG PIPE ELEVATION STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION PN9M"AM 9r 1 STANIDAIDCPLAN EE PU9119 W 8 9TU19M951NC 9 9993 99 199] METAL HAND RAILINGS sos -2 I KY. 19 %. 3993 SHEET 1 OF 3 USE WITH STANDARD SPECIFICATIONS FOR BLIC WORKS CONSTRUCTION 0 0 /TOP RAIL DETAILS % ( SHEET 3 I I tmm ) 4 ") CLEAR WELD ALL Aft0UN0- mm SEE NOTE 5 T, TREAD WIDTH � L_ 305 mm ,(12 ") BACK OF SIDEWALK SEE SHEET 1 FOR �_ _ -_ -_ -_ BOTTOM RAIL, POSTS, PICKETS, AND POST 1`. EMBEDMENT \1 ; `• L E_ �-' 100 mm- . E`n (4 ") CLEARN` L_. co� I -) STAIR CURB - -- _ - L -^ L___� TYPE A TYPE C HANDRAIL INSTALLATION ON STAIRWAYS 125 mm DRIVE -ON STEEL (5) END CAP 75 mm 6 mm 3 1 /4") w az m N N n { I M\W v� 6 mm 1 4 SLIP JOINT DETAIL CAP DETAIL FOR RAIL END NOTES: 1. USE TYPE C WHERE ADJACENT GRADE IS MORE THAN 760 mm (2' -6 ") BELOW LANDING OR SIDEWALK FINISHED SURFACE. 2. RAILS, POSTS, AND PICKETS SHALL BE GALVANIZED STEEL PIPE. 3. PROVIDE SLIP JOINTS AT STAIRWAY EXPANSION JOINTS. 7.3 m (24') MAXIMUM. 4. MAXIMUM SPACING OF POSTS SHALL BE 2.440 m (8' -0 ") ON STRAIGHT ALIGNMENTS, AND 1.830 m (6' -0 ") ON CURVED ALIGNMENTS WITH LESS THAN 9.1 m (30') RADIUS. MAKE SPACING UNIFORM BETWEEN CHANGES IN ALIGNMENT. 5. WELDS SHALL BE SLOT OR FILLET WELDS EQUAL TO THICKNESS OF PIPE. WELD ALL JOINTS ALL AROUND. STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION SLANMEA,RmOICP(.AN METAL HAND RAILINGS 606 -2 5 ? 2 0F3 0 D GRIP RAIL` 25 mm (1 ") 0 STD PIPE FRONT LOOD POSTS PER SHEET 1 FRONT FRONT roo- 25 mm (1 ") 0 STD PIPE >-J UPPER RAIL' 51 mm (2 ") 0 STD PIPE TOP RAIL TYPE 1 TOP RAIL TYPE 2 r"07 BRACKETS EACH 2.44 m (B. -0") OR AS SHOWN ON PLANS. MOUNT TOP BRACKET ABOVE TOP STAIR NOSE. O SECTION D -D 25 mm (1 ") 0 STD PIPE OR APPROVED EQUAL SECTION E -E GRIP RAIL (1 1/2') I 25 mm (1 ") 0 M STD PIPE WALL WALL - MOUNTED HANDRAIL SECTION F -F STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION STANMEE OPLAN 606 -2 METAL HAND RAILINGS SHEET 3 OF 3 U 3 EXPANSIOP #13M 0 41 ( #4 0 18" #13M ( #4 EACH RI: CURB PLAN SEE PLANS OR SPPWC 606 FOR HANDRAIL DETAILS. W C w #13M ( #4) I CONTINUOUS I WALL TYPICAL #13M 0 450 mm 13M 0 450 mm ( #4 0 18 ") t #4 0 18 ") #13M ( #4) 13M ( #4) v UNDER EACH RISER UNDER EACH RISER TYPE A TYPE B SECTION B —B SION JOINT C w C E Too� 1 0 300 mm 0 12 ") EA WAY SECTION C —C STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION STANMEETTR PLAN ev "C $ S'MI)lk ° me �w CONCRETE STAIRWAY REINFORCD IC 640 -2 13 aEV, �Y9e, sane SHEET 1 OF USE W1TH STANDARD SPECIFICATIONS FOR PUBLIC WORKS CDNQTR11C ON • NOTES: I. SEE THE PLANS FOR THE FOLLOWING INFORMATION: TYPE OF STAIRWAY AND LOCATION W = WIDTH OF STAIRWAY L = LENGTH OF LANDINGS T = LENGTH OF TREAD R = HEIGHT OF RISER C = WIDTH OF CURB S = LENGTH OF STAIRWAY FLIGHT 2. CONCRETE FINISH FOR EXPOSED SURFACES SHALL BE CLASS 1, EXCEPT THAT TREADS AND LANDINGS SHALL BE TROWELLED SMOOTH AND GIVEN A FINE BROOM FINISH IN A DIRECTION PERPENDICULAR TO THE CENTERLINE OF THE STAIRWAY. THE BROOM FINISH SHALL BE BROUGHT TO THE NOSE OF THE TREADS AND LANDINGS. 3. ONE HANDRAIL IS REQUIRED FOR STAIRWAYS 1.22 m (4') WIDE OR LESS. TWO HANDRAILS ARE REQUIRED FOR WIDER STAIRWAYS. STANDARD PLANS FOR PUBLIC WORKS CONSTRUCTION STANMEARRRDCPLAN 640 -2 REINFORCED CONCRETE STAIRWAY SHEET 2 OF 2 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 4 July 8, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Patrick Arciniega 949 -644 -3347 or parciniega @city.newport- beach.ca.us SUBJECT: TENNIS COURT FENCING REPLACEMENT AWARD OF CONTRACT NO. 4043 RECOMMENDATIONS: 1. Approve the project plans and specifications. 2. Award Contract No. 4043 to Harris Steel Fence, Co. for the Total Bid Price of $89,849.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $10,000 to cover the cost of unforeseen work. DISCUSSION: At 10:00 a.m. on June 19, 2008 the City Clerk opened and read the following bids for this project: TOTAL BID AMOUNT $79,849.00 $88,211.00 $93,132.60 $96,394.96 * $124,900.00 $147,351.75 $149,100.00 $120,230,700.00 * $186,957,892.00 * $222,248,836.00 * * Corrected Bid Amount The low bid amount is 24% percent below the Engineer's Estimate of $105,000. The high volume of bids received indicates a strong bidding environment. Highly competitive bidding environments generally result in bids that are significantly lower than the BIDDER Low Harris Steel Fence, Co. 2 Lightning Fence Co. 3 FenceCorp, Inc. 4 Quality Fence Co. 5 Newtech Eng. & Const. 6 Landmark Fence Co., Inc. 7 Malibu Pacific Inc. 8 MJ Contractors Inc. 9 Econo Fence, Inc. 10 Alcorn Fence Co. TOTAL BID AMOUNT $79,849.00 $88,211.00 $93,132.60 $96,394.96 * $124,900.00 $147,351.75 $149,100.00 $120,230,700.00 * $186,957,892.00 * $222,248,836.00 * * Corrected Bid Amount The low bid amount is 24% percent below the Engineer's Estimate of $105,000. The high volume of bids received indicates a strong bidding environment. Highly competitive bidding environments generally result in bids that are significantly lower than the • Tennis Court Fencing Reomment -Award of Contract No. 4043 July 8, 2008 Page: 2 Engineer's Estimate. Four of the bids contained accounting errors and have been noted with a corrected bid amount. The highest three bids contained written errors in the proposal form. These bidders wrote the total line item cost in words rather than the unit item costs. This error drastically increased the bid amounts resulting in $100 million+ bids. These three bids were rejected as non - responsive and were notified via telephone. The low bidder, Harris Steel Fence, Co., possesses a California State Contractors License Classification C -13 as required by the project specifications. Harris Steel Fence Co., has recently completed the tennis court fence replacement for the West Newport Park. The project calls for the replacement of the 20+ year old tennis court fencing at Grant Howald Park located at the intersection of Fifth Ave. and Goldenrod Ave. The prolonged exposure to the environment has deteriorated the galvanized fence poles, chain link fencing, gates, practice board and windscreens. Due to the constant prevailing winds the courts had to be reinforced with braces. The new fence posts and footings will be a larger diameter to withstand the wind loads without needing additional bracing. The new fence and windscreen will be black vinyl - coated material. All the posts will be replaced with galvanized steel black vinyl coated material similar to the newly constructed tennis courts in the West Newport Park. Due to the small size of these facilities, the courts will need to be closed during construction. Upon completion of the new fence installation, the tennis courts will be resurfaced under a separate contract. Pursuant to the contract specifications, the Contractor will have 30 consecutive working days to complete the work. Environmental Review: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines. This exemption covers the repair of existing facilities involving negligible or no expansion of existing use. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work two City prepared notices are distributed by the contractor to both residents and businesses. The first notice will be distributed ten days before work in the area and the second notice 48 hours prior to starting work in the area. Geotechnical. Material Testing, and Survev Services: Geotechnical, material testing, and survey services are not required for this project Funding Availability: There are sufficient funds available in the following account for the project: • Tennis Court Fencing Refcement —Award of Contract No. 4043 July 8, 2008 Page: 3 Account Description Account Number Tennis Court Fencing Replacement 7015- C4120928 Total: Proposed uses are as follows: Vendor Purpose Harris Steel Fence, Co. Construction Contract $ Harris Steel Fence, Co. Construction Contingency $ Total: $ Prepared by: Patrick Arcin a, P.E. Senior Civil Engineer Attachments: Location Map Bid Summary Submitted by: Amount $ 89,849.00 $ 89,849.00 Amount 79,849.00 10,000.00 89,849.00 0 0 LOCATION MAP GRANT HOWALD PARK TENNIS COURT FENCE REPLACEMENT C -4043 0 PROJECT GRANT HOWALD TENNIS COURT FENCE s FF REPLACEMENT o�y m Y q �v LOCATION Rrwzu CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TITLE: Twnls Coud F4nm Rapiaanw OmniHwala Psa BID LOCATION: Cb CloW, Ofl - Otyl 11 CONTRACT NO.: C-1o15 DATE: 18 um08 TIME 1000 ENGINEER'S ESTIMATE: $105,000,00 BY: PaVid Ardnlaga CHECKED: PA DATE OMf92008 PROJECT MANAGER. PaMek Adnleas AS READ BID ENGINEER'S ESTIMATE HARRIS STEEL FENCE LM FENCECORP INC. ITEM DESCRIPTION QUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT 1 MOb41r0tlm 1 LS 400000 $ 4000.00 1000.00 1000.00 2000.00 2.000.00 2 ,000.00 2000.00 2 Remyeanaalapm00fL InMlk IemeaM wlndm am top area Md 1510' diem 9ab'aMaed bms 1 LS 10.000.00 3 10000.00 3501 00 3M). 1800.00 7ma.00 2,450.00 2.150.00 3 Imlay d Ilik wire hdk polpk matol 310 121&IIgogemreblaN [ mbr 6700 SF 421 X150.00 225 15075.00 4.03 31,021.00 320 21M0.00 4 Imlall vkrft0ead polyester Nsa black color 4 SF 2.00 3 amom ON 3 00 150 450.00 321 15050.00 5 S.M dean costs, amt ap .Wmnum paint 16 LF am 130.00 Too 11200 20.00 320.00 64.10 t 026.50 6 InatOr 159'dlom rcoq 8n0 ap oaNanlaed ShelbM 1.100 LF 10.00 S 11000.00 0.27 6.897.00 am &000.00 9.10 &910.00 7 RenaveandabpasedWM npalesand 121183 maw bsO deel ale9 2 EA 950.21 { 1700.00 M0,00 1000.00 1,200.00 2,100.00 %0.00 1.300.00 8 Imlay mw4" O.D. x 15' oW gdvane:ed Mad w".gt afeilm cosh 54 EA 250,00 S 13.500.00 450.00 1/,300.00 210.00 12060.00 300.00 19200,00 o Inahll IIawP O.D. z g ang gglm Ig d Nad wny9coand lance posh 8 FA 200.00 3 1.600.00 450.00 3.60.00 lm.0 139021 175.00 1400.00 10 Pow rww mnaea wthys wriaw 12121 posts 15 CY 85000 S 127W.0 T5.0 1125.00 33333 5000,00 214.00 9.210.00 11 PmrnaxconMCesamaMimhllbandeih 1 LS ],00000 S 7000.00 14300.00 14300.00 5,400.00 5,100.00 13.8]5.00 13075.00 12 Pour.ItM bxA95 a 91 In wM UMere10. 1 CY 900.00 3 900.00 200.00 200.00 1000.00 I.M. 00 047.00 047.00 13 Qt. raw W is boam 1 LS 2500.00 2500.00 2000.00 2000.00 4 om 4000.0 5450.0 2450.00 1{ R55aro damaoed laco50pkg 1 LS ]84.00 3 ]84.00 1.200.00 1.200.00 1000.0 1000.00 1575.0 10)5.00 15 As BUilh 1 LS ]04.21 S 1000.00 1,500.00 1500.00 200.00 200.00 1,200.00 1200.00 3500,00 EE 105000.00 I LOW I I 2Np 1 88211.00 3RD 9313260 AS READ BID AS READ BID $89,5]4.00 f.YgxaVAMpaM.eoNea[ 014810 SUMMPRY 0400.1 Pp t • • GINEERS ESTIMATE OIIAIJTY FENCE CO.INL. NE4VIECH ENO.SCONST. LANDMARK FENCE W.. M. ITEM DESCRIPTION QUANTITNIT AMOUNT AMOUNT UNIT AMOUNT UNIT AMOUNT 1 Mobillaalbn 1 00.00 S 100000 3,600.00 &000.00 000.00 4000.00 4000.00 2 Raneva en001099 M Mid IMk fence aM wMaveFn cold top xM mM 159" diem loam 1 00.00 $ 10000.00 4500.00 &200.00 8.200.00 21 0.00 21 9 ooWI die Indal rTalMnk x1la Mbac mNONfin mated 1 core Mad pdpr B.T00 4.00 S 3D.150.00 54AM 18,883.00 4.50 30150.00 4.0 2],]38.Inaal 4 lnM 10iy w164NNea pdyeelarwMSCman Nad W0r 4 2.00 50D.00 1500.00 2.50 10]50.00 1.]2 ]998.5 S titan , an5 a alumFum iM 19 am 3 138.00 MAI,$ 100,00 1,800.00 131.25 2,100.ImmB 5 new 1 MB' dNmdnmlo aco cop aN9n dSt"W 1,100 jSF4M 10.00 S 11,000,00 9,921.00 am 6.800.00 1225 194]5.00 ] P�gggngA emove o Imtal n¢w9awNZeO acel 2 50.00 $ 1700.00 725.00 1460.00 2500.00 S000.0p 1.369.0 2]38 .00 6 otod lm x 54 50.21 1 600.0 490.00 28761m mom 32400.0 473.00 25.542.00 9 ai aea anm posh 8 00.00 Is I,wom 29800 29 35000 2800.00 98221 9056.00 10 POUrraw mnpah ar mwfvdw t5 050.00 t2 ]50.00 10&00 am 1500.00 wD00 4 00 10.125 1 8.11 Paul naeamllgMe and Ortgo lwdrWN 1 000.00 $ 7.0000 8,500. 0D .00 10 .00 10000.0 2240021 12 POUIa bu wMlnwWUM .= 1 900.0 3 90000 mom 300.00 70000 ]00.00 290.00 2a0.00 13 ComMld mwfemh b08N. t 500.00 2600.00 2898.00 289600 2,030.00 2000.00 2240.00 2240.14 Reelmadam tlleM9mT2 1 781.00 $ 751.00 4,100.00 1100.00 1 00 150021 lome 0 1 000.00 15 Aeeuma 1 ]54.00 5 1,000.0D 900.00 900.00 50000 500.00 3500,00 500.E 105000.00 4TH 98394.96 5TH 124900.00 8TH 147;351.75 AS READ BID $89,5]4.00 f.YgxaVAMpaM.eoNea[ 014810 SUMMPRY 0400.1 Pp t • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TITLE: Tenale CoU FenmRPlamnrzm- MHP ld Pam 81O LOCATION: CINCk %OIM1m -CRY Han CONTRACT NO.: C4 DATE: !Ba TIME f0:0em ENGINEERS ESTIMATE: 7IKM.0 BY: PS Ap*"p CHECKED: PA DATE: ON1wm PROJECT MANAGER: P ffa ANinlA9e AS READ BID $80,000.00 $89,574.00 ENGINEERSFSTIMATE MALIBU PACIFIC INC. MJ CONTRACTORS. INC. E FENCE 1NC ITEM DESCRIPTION Y UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT 4 Abde2Mbn f LS 4m0.W S 100.W }0&m ]m..W ta.W0.0 10000.0 21m.m 2105.aD 2 Remove aM tlbpme MCnekl Ibk fence arW wlNeaeen aN WP .M mN 15R'tllam Mv11 p2hhem 1 LS 10,000.0 E 1D 000.00 150m.W 1500.0 000.0 3m0.0 Bi80.0 BT8B.0 3 IMa0 tl1aMNnk wire hOnc mMIMn ma1O1 l Y4' -812M B9 mmbPoek mbf Re7' SF I50 S 30,1m.m 10.0 mDW.Op 1 ;Bm.m m,>m WO.m f] >SS.W 11 BSBSW.m 4 IrGhll NnyLma1C01pIy85iH WYg6IXean p18Ck mbr 4,300 SF 20 88m.0 21W Bm0.m 5,]00.00 24.5f0,m0.W 10.m1.W 5&9t3,30.W 5 S Wan M s aluminum IM is LF &50 S 19&0 10.m 18m.0 40.0 4W.W 1.08&00 1)OSS.W 8 Im9M1 new I5 dh rmtl uM tap 9MVel$ltl Me 1.im LF 10.0 i 11m0.m 1&.m 1 8,6W.W Bm0.W 8.8Wm0.W Two amm0.m ] ave en emee enp en IMPoII n0w eNenlSeD BtBM 5186 2 EA DbD.W $ 1,7m.m 100.0 m0.W 1B00.W 3Ilom 1370.m 740.0 0 new x a a in-ODx pmb 51 FA 2m.W 1350.0 1m.W 4m.0 1080.0 101520.0 18.010.0 809,182.0 B in was new ofg 9e ve fMlmx 0 EA 1,2M. 41 92m0.W 2120.0 la mm 10 Fmrnewmnvpe tOONATS Pot naw Nnm b 15 CY 850.m 2TW.W 127m.m SSZ��..W im.m imW 150.m . 79 ,0 1,90.0 BSIm.W 11 Pour new mnMMe slept antl bMAllbwtlreAe I LB 10D.0 i lm0.W 1500.0 ],5mm s,m&m a.= B2m.m 82&90D 12 Pouf ehn 1 CV CO2 3W.m 3 8mm m0.W imDm Imm Lamm 13W.m 1,13 13 n"twmANbImtlumxsbb. OAWNRnBn ramke bpMO. 1 LB .50D.m S Z90.W i 250.0 1000.m tOm0.m 1W0m 1M.0 1m0.0 114 11 Rahn dime IefMxa dta 1 IS ]BI.m S ]BAm $ 2Smm 2.50.m I'mm t995.m 13&S.m 15 Aa BUNh 1 LS 100.0 mm 2 W 1 ]920 1,00&m I.=w 1H.W 1m0 EE EE 105000.00 7TH 00.00 148100.00 TH BTM 120230700.00 9TH 188,887 BB2.00 AS READ BID $80,000.00 $89,574.00 AS READ BID $133,197.00 IWrcf�y'W1eM1wm4aN�ecl\mLt \\01p aUMMSRY CG 3 Py 2 • • ENGINEERSESTIMATE ALCARN FENCE CO. ITEM DESCRIPTION OUANTITY UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT 1 WNM n f LS 4amm S 4,Om.W 2,811.0 21811.m 2 RemOrs aW Olsppa at mwPo fink boos e0 wiMerrem aM by mq mq t 513' Ohm e 1 LS 10.00O.m i 10,000m 15.818.m 1381 &0 3 1aflam Inalyl anynAn( W1n1 PopIIC Wl6ahfn mHBa i MI' -612kk emre Natk mbr 6.7W SF 4.50 i 30150.0 2740.0 f&i 5m.OD0.m 1 InniMl vby4CmiBtl ONeater wlntleaeen lack mbr 4,300 SF 2m BsmW 5375.m 29112 .0 5 9 dean pM. aO B SluMmm pim is LF &50 $ 18&m 1712.0 27,382. 5 IMaMI mwf SIC 4Wm rmtl eM COP 9aWalbetl MeN per 1.im LF 10.0 i 111mD.m 12.]05.0 13075.m.W ] npme np ae ImhA mw9eNanpW Sleet Ma 2 EA DbD.W 5 1700.m 2,30.0 1,]91.0 8 n new orp enz e fen.w mm EA 2m.W i 19 .0 25.328.m 138)30.0 9 1 new 0,0.amtl fenm 0 I CY 850.m i 12,7m.m 750.0 113 W 11 Pournew mnIXe[0 antl lnMaA plubmiB 1 LS 10D.0 ]m0.0 118]B.m t1.s18.0 12 OaN11Ata 81lbwB Omer Me0. 1 CY CO2 3W.m 3 1 Ws.W 19 .0 13 C,I COne0umnexM boats. 1 .50D.m .W 2Sm.m 407.0 5 .W 11 is Rams4e ea hMxa 1 LS ]BI.m S ]BAm $ 882Om 8820.W 15 Aa Builta f lS t OmW 1 1 ]920 EE EE 10 Om.00 10TH 10TH 222248838.00 AS READ BID $133,197.00 IWrcf�y'W1eM1wm4aN�ecl\mLt \\01p aUMMSRY CG 3 Py 2 • •