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HomeMy WebLinkAboutC-4089 - Corona del Mar State Beach Landscape ImprovementsO1FIFHC E OF THE CXTY CLERK Leilani I. Brown, MMC April 20, 2011 Mr. Robert Lloyd Hondo Company, Inc. 2121 South Lyon Street Santa Ana, CA 92705 Subject: Corona del Mar Beach Landscape Improvements (C -4089) Dear Mr. Lloyd: On April 13, 2010, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on April 20, 2010. Reference No. 2010000183398. The Surety for the contract is Suretec Insurance Company and the bond number is 58667102. Enclosed is the Faithful Performance Bond. Sincerely,,, ^AA Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us Executed in Four Counterparts CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR STATE BEACH LANDSCAPE IMPROVEANENTS CONTRACT NO. 4089 BOND NO. 58667102 FAITHFUL PERFORMANCE BOND is for The premium charges on this Bond is $ 1,632.00 to Premium contract being at the rate of $ 14.40 Per thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to HONDO COMPANY, INC., hereinafter designated as the "Principal', a contract for construction of CORONA DEL MAR STATE BEACH LANDSCAPE IMPROVEMENTS, Contract No. 4089 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. 4089 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Western Surety Company California as Surety (hereinafter authorized Su etty "), areheld and business firmly bound tuntoa he City hof Newport Beach, in the sum of One Hundred Thirteen Thousand, Three Hundred Thirty and 00/100 Dollars ($113,330.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 32 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 29th day of September 2000. Robert Lloyd HONDO COMPANY, INC. (Principal) Western Surety Company Name of Surety 6300 Canoga Ave., Stall 150W Woodland Hills, CA 91367 Address of Surety (818)713 -2031 Telephone President Authoriz gnat re/Title t Signature William Syrkin, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CON RACTOR AND SURE Y MUST BE ATTACHED 0191 ACKNOWLEDGMENT v v v o v v v v v v v.. v v v vv..vvv v.vvvvv.vvvvv.vv.vvv.vvv. vv v v v v v vvvv v. v v. v v. v v vvvvv vv vv� State of California County of Orange l ss. On 10/06/2009 before me, Maryanne McLaren , Notary Public, personally appeared Robert Lloyd proved to me on the basis of satisfactory evidence to be the person(:) whose nameirj is/ subscribed to the within instrument and acknowledged to me that he /s`l :MAh&y executed the same in his /KMAWiK authorized capacity, and that by his /ftavxxt signatures on the instrument the person(4, or the entity upon behalf of which the person(g:) 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. J$�_ Signature MARYAPoPoE,AflCLAREN Commission lF 1634600 Notary Public - California i Orange County My Comm. Ex ires Feb 1, 2013' (seal) ................... v......... v............. vvvvv vvvovvvvvv. v................... OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney _ CEO /CFO /COO _ President/ Vice - President/ Secretary/ Treasurer Other: Other 101 Thumbprint of Signer 0 Check here if no thumbprint or fingerprint is available. t_ r'rLIFiIIL-itdllt, ,11 I - F`tlltF'w`�C lvCkPJtJ'; >'1 E1210A 1 PdT State of California County of Orange On 09/29/2009 before me, R. Haas - Bates, Notary Public note Here Insert Name and Title of ve Officer ' personally appeared William Syrkin Name(s) of Signer(a) 19 R. HAAS -BATES 3 U e COMM. # 1796169 (}' 'a - ;'" NOTARY PUBLIC - CALIFORNIA O RANGE COUNTY n t�onM COMM. EXPIRES APRIL 22, 2012 ' Plans Notary Seel Above who proved to me on the basis of satisfactory evidence to be the person() whose name(a) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/h6FA4eic authorized capacity(ies), and that by his /heFAhei signature(*) on the instrument the person(* , or the entity upon behalf of which the person(*}acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature QgNn Do D S,goaWre of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Performance Bond #58667102 Document Date: 09/29/2009 Signer(s) Other Than Named Above: _. Capacity(ies) Claimed by Signer(s) Signer's Name: William Syrkin 0 Individual Corporate Officer— Title(s): — u Partner —Q Limited ❑ General [Z] Attorney in Fact D Trustee Guardian or Conservator Other: Signer Is Representing: Western Surety Company racrmrreunm;,n �OFSIGNEn)J Number of Pages: Signer's Name Individual ❑ Corporate Officer — Title(s): _ Ot Partner — 0 Limited ❑ General Attorney in Fact 0 Trustee u Guardian or Conservator ❑ Other: Signer Is Representing: Three (3) aKirl "Se'ur n'PA,� ], �eF SIGtJERL.J 0 ®2007 National Notary Association -936o De Soto Ave.. P.O.6oz 2402 • Chatsworth, CA 9131& 2402 -,r ,NalknalNotaryorg itam#59W Reomer.CaIl TOlbRee LBW- 87E6827 Vestern Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint William Syrkin, Sergio D Bechara, Fritz Mutter, Margaret Gilmore, Individually of Irvine, CA, its true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this l Ith day of November. 2008. y AFr {'q. WESTERN SURETY COMPANY .. C +. N�4>pY.VOAgt�e�"i :w+ Paul 4rBruflar Senior Vice President State of South Dakota 1 )} ss County of Minnehaha On this I Ith day of November, 2008, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires ♦ggqq......qqqqqe.......%t + D. KRELL November 30, 2012 r SEAL NOTARY PUBLIC + + SOUTH DAKOTA (Wi ♦ggSqq4qqY4q44qqqqqqqqqq CERTIFICATE D. Krell, No ary Public 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney heremabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force, In testimony whereof I have hereunto subscribed my name and affixed the seal of die said corporation this 29th day of September 2009 q REi} e Qa.- •,�, WESTERN SURETY COMPANY °�,'oPaongrt os . e`a Sfp`•`yE � �- %S(IUfti,.p�,�tiCt �— Form F4 ?80 -09 -OG L. Nelson, Assistant Secretary � � � �I W Y" (o1 lang � OFFICE OF THE CITY CLERK Leilani I. Brown, MMC May 26, 2010 Mr. Robert Lloyd Hondo Company, Inc 2121 South Lyon Street Santa Ana, CA 92705 Subject: Corona del Mar Beach Landscape Improvements (C -4089) Dear Mr. Lloyd: On April 13, 2010, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on April 20, 2010, Reference No. 2010000183398. The Surety for the contract is Western Surety Company and the bond number is 58667102. Enclosed is the Labor & Materials Payment Bond. Sincerely, �4&4�; qw-r- Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard - Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 - www.city.newport- beach.ca.us 0 Executed in Four Counterparts CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 4089 BOND NO. 58667102 Premium: Included in Performance Bond LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to HONDO COMPANY, INC., hereinafter designated as the "Principal," a contract for construction of CORONA DEL MAR STATE BEACH LANDSCAPE IMPROVEMENTS, Contract No. 4089 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. 4089 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 Western Sure Com an undersigned Principal, and, business under the laws of the State of California, as Surety, (referred duly to herein as "Surety') are held firmly bound unto the City of Newport Beach, in the sum of One Hundred Thirteen Thousand, Three Hundred Thirty and 00/100 Dollars ($113,330.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor; then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. W 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 29th day of September ,,009. Robert Lloyd HONDO COMPANY, INC. (Principal) Western Surety Company Name of Surety 6300 Canoga Ave., Ste1150W Woodland Hills, CA 91367 Address of Surety (818)713 -2031 Telephone A n d ent Signature William Syrkin, Attorney -in -Fact _ Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRAC OR AND SURE` Y MUST BE ATTACHED 29 t:6.1 II u)[':hiltR IrILL_�I "1.11'.1 "iJ`,[ ,rlC.t�Nltl':rLE t►I(:P,9F PdT State of California County of Orange On 09/29/2009 before me, R. Haas - Bates, Notary Public Date Here Insert Name and Tine of the Officer personally appeared William Syrkin Names) 01 Signers) R. HAASAAS -B �o .� N TOMM.e #Ol CA6F0 NIA _ ORANGE COUNTY � ivo ` COMM. E %PIKES APRIL 22, 2012 j Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(-a) whose name(&) is/are subscribed to the within instrument and acknowledged to me that he/she{4hey executed the same in his/he;49ic authorized capacity0ee), and that by his/beOtheir signature(&} on the instrument the person(&}, or the entity upon behalf of which the person* acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature fzt 00N�3 Signature of Notary Public - OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Payment Bond #58667102 Document Date: 09129/2009 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: William Syrkin ❑ Individual Corporate Officer— Title(s): — 01 Partner —0 Limited O General [Z] Attorney in Fact ED Trustee Guardian or Conservator Other: Signer Is Representing: Western Surety Company ttRGhng MUFASPMN'T' QdFjSfGNEAt'� Number of Pages: Three (3) Signer's Name: V Individual C Corporate Officer — Title(s): _ 1 Partner — 0 Limited O General Attorney in Fact Trustee 0 Guardian or Conservator ❑ Other: Signer Is Representing: �RlGfSTIFIRUM'3P,fi__ �IT,Tg' OFJSIGNFA�I v e%stern Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and drat it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint William Syrkin, Sergio D Bechara, Fritz Mutter, Margaret Gilmore, Individually of Irvine, CA, its true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this I Ith day of November, 2008. Svac`rr'O'M1,, WESTERN SURETY COMPANY ;�A o eOHgj °e�: SOUGH GM�v: Paul . Bmflat, Senior Vice President State of South Dakota J ss County of Minnehaha On this 1 Ith day of November, 2008, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his time thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires f4\4b\M1SM1M1S44S44M1SYAiS'iM14l r D. KRELL r ,� ✓/ November 30, 2012 i SEAt NOTARY PUBLIC SFAL i ILSOUTH DAKOTA�1 - �M1M1M1M1M1M1M1M1M1M1M1M14M1M1M1M1M1M1M1M1M1M1+ D. Krell, Nofliry Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said corporation this 29th day of September , 2009 s °`rte WESTERN SURETY COMPANY Isla, 9044 'O% _n `4P r: L. Nelson, Assistant Secretary Form F428a-09 -06 ACKNOWLEDGMENT ee e,ee ee aee o .................. o................ ..............................I State of California County of Orange ) ss. On 10/6/2009 before me, Maryanne McLaren Notary Public, personally appeared Robert Lloyd ,who proved to me on the basis of satisfactory evidence to be the person(20 whose name(x) isk=c subscribed to the within instrument and acknowledged to me that hexx executed the same in his/f xkk bkk authorized capacity}, and that by his/kmmw�xiz signatures(50 on the instrument the person(g.), or the entity upon behalf of which the person) acted, executed the instrument. I certify under PENALTY OF PERJURY under. the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Si atur (seal) u v a c v c u v v c c u u v c.vc.. v v n c v n c o.00.o.oea o.vo.ovv..o. v n v v v e.. o o o u v n n. o o c e u n u v v. o o c. OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification _ Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO /CFO /COO President / Vice - President / Secretary / Treasurer Other: Other 31 Thumbprint of Signer Check here if no thumbprint or Fingerprint is available. RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder Illllllllllllllllllllllllllllllllllllllllllllnllllllllllllllllll NO FEE 2010000183398 9:51 am 04/20/10 143 413 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, Hondo Company, Inc., of Santa Ana, California, as Contractor, entered into a Contract on September 22, 2009. Said Contract set forth certain improvements, as follows: Corona del Mar State Beach Landscape Improvements (C -4089) Work on said Contract was completed, and was found to be acceptable on April 13, 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Western Surety Company. Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. 10 M i 0 I� Executed on Apr) I I'T, 10 at Newport Beach, California,, n O_ C_ 2+ 1 b BY �r rvV`� NEWPd r �c5 CO City Clerk To x, 3 10 M i 0 I� c _ x • � OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC April 14, 2010 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completions for the following projects: Corona del Mar State Beach Landscape Improvements (C -4089) Traffic Signal Modernization Project — Phases 2 and 3 (C -3976) Please record the enclosed document and return it to the City Clerk's office. Thank you. Sincerely, 45U" - bgwv--- Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard - Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, Hondo Company, Inc., of Santa Ana, California, as Contractor, entered into a Contract on September 22, 2009. Said Contract set forth certain improvements, as follows: Corona del Mar State Beach Landscape Improvements (C -4089 Work on said Contract was completed, and was found to be acceptable on April 13, 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Western Surety Company. Director rt Beach L- VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on 11 Y�� I I "I 1/[l�D at Newport Beach, California. BY City Clerk CITY OF NEWPORT BEACH j AN 13 2!)?0 CITY COUNCIL STAFF REPORT !! Agenda Item No - --= April 13, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Frank Tran, Associate Civil Engineer 949 - 6443345 or ftran @newportbeachca.gov SUBJECT: CDM STATE BEACH LANDSCAPE IMPROVEMENTS — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4089 Recommendations: Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 3. Release the Faithful Performance Bond 1 year after Council acceptance. Construction Contract Summary: Construction Contract Final Cost at Benchmark Contract Time Over Award Amount Completion Target Actual Time (days) or (Under) $113,330.00 $115,655.00 Contract Contract 45 (9) +10 % +2.05% Discussion: On September 22, 2009, the City Council authorized the award of the CDM State Beach Landscape Improvements to Hondo Company, Inc. The contract consists of the removal of the existing improvements within the planter area along the north side of the Corona del Mar State Beach parking lot adjacent to Breakers Drive; constructing new. curb, three -foot high retaining wall, concrete steps with handrail, and gravel bed along Breakers Drive; and installing landscape material and irrigation system. The construction 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: Actual amount of bid items constructed: Total amount of one change order: Final contract cost: $113,330.00 $107,966.00 $7,689.00 $115,655.00 CW . ,ate Beach Landscape Improvements Contract No. 4089 - NOC April 13, 2010 Page 2 Three change orders in the total amount of $7,689.00 were approved for the asphalt replacement "adjacent to the concrete steps, constructing additional catch basins for drainage improvements; ?change planting materials and additional maintenance period and fencing. A summary of the project schedule is as follows: Estimated Completion Date per July 2009 Master Schedule: December 04, 2009 Project Awarded for Construction: September 22, 2009 Date of Notice To Proceed: November 9, 2009 Estimated completion date on Notice To Proceed: January 5, 2010 Actual substantial construction completion date: December 22, 2010 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. This exemption covers the repair, maintenance and minor alterations of existing public facilities with negligible expansion. Funding Availability: In addition to the primary construction contract, this project involved other project expenses. Total project expenses are summarized as follows: Construction $115,655.00 Design — David Pedersen, Landscape Architect $5,765.00 Incidentals $1,497.87 Total Project Cost $122,917.87 Funds for the construction contract were expended from the following account: Account Description General Fund Prepared by: •�I t` Frank Tran Associate Civil Engineer Account Number Amount 7013- C2002027 $115,655.00 Total: $115,655.00 Submitted by: r! 0-. Q_ -03 //o CDM State Beach (Breakers Dr.) Landscape Improvements Project Map Exhibit 9� nOL �2 F s^ c oP h 0 2 Off, F (� P� O., y1,( (Sl yOPOR S `� SF94F4 hy\ Q- i% r� yQJ HBEACH gAi�p OCe Q� �O 3OR � Project Location: between Breakers Drive and CDM State Beach Parking Lot View from the CDM Parking Lot View from Breakers Drive CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:00 AM on the 2nd day of September, 2009, at which time such bids shall be opened and read for CORONA DEL MAR STATE BEACH LANDSCAPE IMPROVEMENTS Title of Project Contract No. 4089 $110,000.00 Engineer's Estimate Prospective bidders may obtain one set of bid documents for $15.00 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project. "A" For further Information, call Frank Tran, Project Manager at (949) 644 - 3340 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: htt_o: /Avww. NewPort13eachCA.gov CLICK: Online Services /Bidding & Bid Results CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR STATE BEACH LANDSCAPE IMPROVEMENTS CONTRACT NO. 4089 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 z CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR STATE BEACH LANDSCAPE IMPROVEMENTS CONTRACT NO. 4089 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS 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 pevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300,. at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770 -7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. #373104, A, B, C61 /D12, C61/D34, C27 Contractor's License No. & Classification 9/1/09 Date CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR STATE BEACH LANDSCAPE IMPROVEMENTS CONTRACT NO. 4089 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% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned, Principal for the construction of CORONA DEL MAR STATE BEACH LANDSCAPE IMPROVEMENTS, Contract No. 4089 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of 'Notification of Award ", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from Its obligations under this Bond. Witness our hands this 26th day of Hondo Company, Inc. Name of Contractor (Principal) Western Surety Company Name of Surety 6300 Canoga Ave., Ste. 1150W, Woodland Hills, CA 91367 Address of Surety (818) 713 -2031 Telephone Authorize Age ignature William Syrkin, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) ACKNOWLEDGMENT .........a ...... ............................... no... 8................ a. State of California County of "See Attached"° ss. On before me, Public, personally appeared Notary proved to me on the basis of satisfactory evidence to be the pers (s) whose name(s) Ware subscribed to the within instrument and acknowledged to me th he/she/they executed the same in his /herltheir authorized capacity(iss), and that by his er /their signatures(s) on the instrument the person(s), or the entity upon behalf of which t persons) acted, executed the instrument. i certify under PENALTY OF PERJURY under the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of the State of Califomia that the (coal) .61 ........... No .......... dot .... " ...... 46NW..d ...... do ......... all...... a ... , INFORMATfON Date of Document Type or Title of Document Number of Pages in Document Document In a Foreign Langug Type of Satisfactory Evide ;% Per Known th per (dentcation Paper tdentiTicat1 Credible Witnes (es) Capacity of Signer: Trustee Power of orney CEO/ 0 /COO President / Vice- President / Secretary ! Treasurer Other: Other Information: 8 Thumbprint of Signer [] Check here If no thumbprint orflngarprint Is available. Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint William Syrkin, Sergio D Bechara, Fritz Mutter, Margaret Gilmore, Individually of Irvine, CA, its true and lawful Attorney(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undermkingsand other obligatory instruments of similarnamre - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duty authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, arc hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed no the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 11th day of November. 2008. wine WESTERN SURETY COMPANY ° 7 ZL 00 -- Paul . Brufiat, Senior Vice President State of South Dakota County of Minnehaha ss On this I Ith day of November, 2009, before me personally came Paul T. Bruflat, to me known, who, being by me duty swum, did depose and say that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and thin he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires M444444N444HY4444444444{ , 0. KRELL November 30, 2012 i/ SO PUBLIC(5w'111 a SOUTH UTR CAKOTA �444M4444444444444444y4+ D. Krell, Nullity Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the Bylaw of the corporation printed on the reverse hereof is still in force. In testimony whereof 1 have hereunto subscribed my time and affixed the seal of the said corporation this 26th day of a Form F42so -09 -06 2009 WESTERN SURETY COMPANY Ir Ll.K.(L_Q� L. Nelson, Assistant Secretary Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -LAw duty adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 County of Orange Jl On 08/26/2009 before me, R. Haas - Bates, Notary Public Date Here I men Name Ae of the ' personally appeared William Syrkin Name el of Slgnel(q) who proved to me on the basis of satisfactory evidence to be the person(e) whose name(c) isfare subscribed to the within instrument and acknowledged to me that TES hebhedthey executed the same in his/keW#;eiF authorized @,=0R7ANGEEC0UNTY capacityO"), and that by his/Aer{tgelF signatures} on the 96169 instrument the persona} or the entity upon behalf of ALIFORNIA which the erson acted, executed the instrument UNTY (i p � IL 22 20 2 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. Sew Signature (rYTEai A OPTIONAL Though the information below is not required by low, it may prove valuable to persons relying on the document and could prevent fraudulent removal and rearrechment or this form to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 08/26/2009 Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name: William Syrkin ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General El Attorney in Fact Trustee Tap of thumb here Guardian or Conservator Other: Signer Is Representing: Western Surety Company Number of Pages: Signer's Name: • Individual • Corporate Officer — Title(s): _ • Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Two (2) Top of thumb here nnhi9Vi,....'vc;'4pw �y �ma'�ra.::yf'u0.�. viq +i �an,�.v •..�.gga(v : <�Kni. - .. v %J;(vS:: Sae/ �ri:( 4✓ Cya:. v'. v.. ic- vs( a. �:-�av'i: < ✓'yC;':C'.v.'.vgv.�iv �:y ACKNOWLEDGMENT ................................................ ............................... State of California County of Orange ) ss. On 09/01/09 before me, Maryanne McLaren Notary Public, personally appeared Robert Lloyd proved to me on the basis of satisfactory evidence to be the person(z* whose nameftis lame subscribed to the within instrument and acknowledged to me that he ubmAhmAexecuted the same in hisB smftui : authorized capacity, and that by hisibenthdr signatures04 on the instrument the person(s), or the entity upon behalf of which the persor" 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 (seal) ................................................ ............................... OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: _ Trustee Power of Attorney CEO /CFO /COO _ President I Vice - President I Secretary / Treasurer Other: Other Information: Thumbprint of Signer Check here if no thumbprint or fingerprint is available. Best's Rating Center - Company Information for Western Surety Company United States ( Asia Pacific : Canada , Europe KM Ratings& Analysis V . Besys Cmdd Remiss n About Our Rnmr, n View Reno. r Reseach r Cereals an Ananl How to Get Rated o Add Best -s Drool Recalls IO Your Site o B¢stMark for Sarum -Rated Insurers News & Research Products & services industry Information V Corporate M Support & Resources V Conferences and Euchre Or N am Ratings & Analysis Center Western Surety Company (a member Of CNA msterace COmpames) A.M.Best4:00974 NAICC:13188 FEI14e:4602o4600 Address: P.O. Box 5077 Sioux Falls, SO 57117.5077 UNITED STATES Best's Ratings Financial Strength Ratings View Dinuihemr Rating: A (Excellent) Affiliation Code: 9 (Group) Financial Site Category: A ($SCO Million to $750 Million) Outlook: Stable Action Affirmed Effective Date: December 16. 2008 Denotes Under Review Ratings. See rating definitions. Repels and News Phone: 6oy- a36-os5o Fax: 69S33O.7g8 Web: r,ww.rnawrer..com This leave rs assigned a companies Nat nave. in pun .Parem, an excellent abmry to meet Nair ongoing Obligations to paacynolders. Issuer Credit Ratings View QefiniOOms Long- rerm:a Outlook' Stable Action: ARlmned Date: December 16, 2008 Veit our NewaROOm for the latest {gyp8 -0Rd cross reteasna for Ins company and its A.M. Best Group. a AMB C(¢di1 Report .Ingutanu Pry /¢g�RReJ- mClutla4 Beat's Financial Strength Rating and mtionate along with Comprehensive analyliGtl commentary, detailed business overview and key firencial data. Report Revision Gate: 05/1312009 (horesems Me latest stgaprcam Change). Historical Reports are available in AMP Credit Report : Insurance Professional Arciave. Best's Executive Summary Reports (Financial Overview) - available in three versions, these presentation style reports feature balance sheet. Income statement. key fnanceal performance tests mduding profitability, liquidity and reserve analysis. Data Status: 2009 Best's Statement File -P/C. US. Contains data compiled as of 9/212009 (Quality Cross Checked). • SiRgle Company - five years of financial data specifically on this Company. http: / /www3.ambest.com /ratings /FullProfile. asp? BI= O &AMBNum= 974&AItSrc =1 &A1tNum = &URATINGID= 840616 &... 09/02/2009 For j 7 Iv.3 PAnUlta pane Find a Conrpa Emer a Compai s AEyanced, Sea M View Rating L Selen one.__ a AMB C(¢di1 Report .Ingutanu Pry /¢g�RReJ- mClutla4 Beat's Financial Strength Rating and mtionate along with Comprehensive analyliGtl commentary, detailed business overview and key firencial data. Report Revision Gate: 05/1312009 (horesems Me latest stgaprcam Change). Historical Reports are available in AMP Credit Report : Insurance Professional Arciave. Best's Executive Summary Reports (Financial Overview) - available in three versions, these presentation style reports feature balance sheet. Income statement. key fnanceal performance tests mduding profitability, liquidity and reserve analysis. Data Status: 2009 Best's Statement File -P/C. US. Contains data compiled as of 9/212009 (Quality Cross Checked). • SiRgle Company - five years of financial data specifically on this Company. http: / /www3.ambest.com /ratings /FullProfile. asp? BI= O &AMBNum= 974&AItSrc =1 &A1tNum = &URATINGID= 840616 &... 09/02/2009 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR STATE BEACH LANDSCAPE IMPROVEMENTS CONTRACT NO. 4089 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: Buena Vista Landscape 11 Landscape and 12 Irrigation 22 Address: 601 Lakeview 16 Placentia CA 92670 Phone: 714- 779 -1202 State License Number: 674472 Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: Hondo Company Inc Bidder 13 President Autho d ignatureffitle CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR STATE BEACH LANDSCAPE IMPROVEMENTS CONTRACT NO. 4089 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name Hondo Company 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 Villages Fountain Project Description Furnish all materials, equipment, tools, labor, and incidentals to construct the Villages bountain improvements. Approximate Construction Dates: From 08/09 To: 10/09 Agency Name City of Santa Fe Springs Contact Person Harold Quan Telephone (561 462 -1231 x 7547 Original Contract Amount *47 , 928Final Contract Amount $ 447, 928.00 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. 2 Project Name /Number Bryant Ranch Park Restoration Project Project Description Park restoration from fire damage Approximate Construction Dates: From 07/09 To: 09/09 Agency Name City of Yorba Linda Contact Person Steve Campbell Telephone {714) 961 -7168 Original Contract Amount $348, 305ynal Contract Amount $355, 939.00 If final amount is different from original, please explain (change orders, extra work, etc.) Change order in the amount of $7,634.00 to do additional work the City requested that was not included in the plans and specs. 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 Phillip S. Paxton ,Trail and Drainage Improvements Project Description Trail, landscape and drainage installation Approximate Construction Dates: From 06/09 Agency Name City of Yorba Linda 07/09 Contact Person _ Steve Campbell Telephone (114) 961 -7168 Original Contract Amount $68 z435 .Final Contract Amount $70 , 683.00 If final amount is different from original, (change orders, extra work, etc.) .00 to do additional work the City requested that was not included in the plans and specs. 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 10 No. 4 Project Name /Number Entry Node Sign Repair Project Description Repair and Installation of Entry Node Sign Approximate Construction Dates: From 6/1/09 Agency Name City of Huntington Beach Contact Person Todd Broussard To: 6/11/09 Telephone (71+ 536 -5247 Original Contract Amount $17614.Ofnal Contract Amount $ 17, 614.00 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. 5 Project Name /Number Temporary Library Facilities Project Description Utilities & hook -ups for modular buildings Approximate Construction Dates: From 05/09 To: 06/09 Agency Name City of Santa Fe Springs Contact Person Harold Quan Telephone (56 3 462 -1231 x 7547 Original Contract Amount � 2469. Final Contract Amount $ 56 , 463.00 If final amount is different from original, please explain (change orders, extra work, etc.) work the City requested that was not included in the plans and specs. 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. 11 No. 6 Project Name /Number Santiago Park Amphitheater & Habitat Restoration Project Description Amphitheater repair & riparian habitat restoration Approximate Construction Dates: From 02/09 Agency Name_ City of Santa Ana Contact Person Ed Torres 05/09 Telephone (71) 647 -5018 Original Contract Amount $368378,Final Contract Amount $ 393,584.00 If final amount is different from original, please explain (change orders, extra work, etc.) Change order in the amount of $25,206.00 to do additional work the City requested that was not included in the plans and specs. 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 stateme and other information sufficiently comprehensive to permit an appraisal of thefonvoctor's current financial conditions. / Hondo Company Inc Bidder 12 COMPANY INC. Robert Lloyd Resume Engineering Controctors 2121 South Lyon Street Santa Ana, CA 92705 714/434 -0104 FAX 714/434-0215 Hondo Company was founded and incorporated November 28, 1978 as a general contracting firm specializing in improvements of public properties. The company was licensed as an engineering contractor in 1982 with an emphasis on property development for government agencies. Bob Lloyd is one of the Founders and the Corporate President. The company currently installs six to eight projects per year grossing two million to three million in sales. Projects constructed vary from greenbelt parks to lake construction systems, restrooms, recreation buildings and offices, with a strong emphasis on various forms of concrete construction. Crews also do the majority of underground utilities and grading on our projects, as well as all site furnishings, play structures, surfacing, ball fields and courts. Bob Lloyd acts as Project Manager on all jobs. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR STATE BEACH LANDSCAPE IMPROVEMENTS CONTRACT NO. 4089 NON - COLLUSION AFFIDAVIT State of California ) ) ss. county of Orange ) Robert Lloyd being first duly sworn, deposes and says that he MaAKis President of Hondo Company Inc , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that parry making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. declare under penalty of perjury of the laws of the State of C tirlthat the foregoing is true and correct. Hondo Company Inc Bidder Authoriz ign ture/Title Subscribed and sworn to (or affirmed) before me on this 1 St day of Septembep2009 by Robert Lloyd 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. Notary Public [SEAL] yp CUIREN covaja e I 111111410111 My Commission Expires: 2/1/13 powy Pow - 6Mi Wo 0" caonq coon+ 13 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR STATE BEACH LANDSCAPE IMPROVEMENTS CONTRACT NO. 4089 DESIGNATION OF SURETIES Bidders name Hondo Company 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): ss CA 90630 -6026 888 - 825 -4322 Millenium Corporate Solutions - Bid, Payment & Performance Bonds 5530 Trabuco Rd Irvine CA 92620 949 - 857 -4500 `n CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR STATE BEACH LANDSCAPE IMPROVEMENTS CONTRACT NO. 4089 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name Hondo Company 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. 15 Current Record Record Record Record Record Year of for for for for for Record 2008 2007 2006 2005 2004 Total 2009 No. of contracts 10 12 9 8 9 9 57 Total dollar Amount of Contracts (in Thousands of $) 1379.. :1835. 1940. 1 3308. 1862. 12842. 13, 166. No. of fatalities 0 No. of lost Workday Cases 0 0 0 0 0 0 0 No. of lost workday cases involving 0 0 0 0 0 0 0 permanent transfer to another job or termination of employ ment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 15 Legal Business Name of Bidder Hondo Company Inc Business Address: 2121 S Lyon St, Santa Ana CA 92705 Business Tel. No.: 714 - 434 -0104 State Contractor's License No. and Classification: 373104, A, B, C27, C61 /D12, C61/D34 Title president 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 thdse records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 16 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR STATE BEACH LANDSCAPE IMPROVEMENTS CONTRACT NO. 4089 ACKNOWLEDGEMENT OF ADDENDA Bidders name Hondo '.CompanyInc The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: I Addendum No. I Date Received I Signature I 17 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR STATE BEACH LANDSCAPE IMPROVEMENTS CONTRACT NO. 4089 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: Hondo Company Inc Business Address: 2121 S Lyon St, Santa Ana CA 92705 Telephone and Fax Number: 714 - 434 -0104 & 714 - 434 -0215 California State Contractor's License No. and Class: 373104, A, B, C27, C61 /D12, (REQUIRED AT TIME OF AWARD) C61/D34 Original Date Issued: 4/13/1979 Expiration Date: 4/30/2011 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: Bob Llovd. President 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 Bob Lloyd Title President Address 876 Ave Acapulco, SC Telephone 714 - 434 -0104 Corporation organized under the laws of the State of H-1 California 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: Hondo Companv Inc For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; None Briefly summarize the parties' claims and defenses; n/a 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.) ? `6M / No No Are any claims or actions unresolved or outstanding? ` U I No No 19 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. Hondo Company Inc Bidder Robert Lloyd (Print n me f Owner or President of Co�orat�n /Company) President Title 9/1/09 Date President On 09/01/09 before me, Maryanne MrLaren Notary Public, personally appeared Robert Lloyd , who proved to me on the basis of satisfactory evidence to be the person(z* whose name(# is/om subscribed to the within instrument and acknowledged to me that he/ executed the same in hisA%Xit9i k authorized capacitye", and that by his/hffalh6r signature(zcon the instrument the person(s), or the entity upon behalf of which the person} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. c� (SEAL) Notary Public inland for said State My Commission Expires: 02/01/13 20 IL,aaEN l cmmnaw„ r JIM00 Nogry p" . gMmMs C �� t CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR STATE BEACH LANDSCAPE IMPROVEMENTS CONTRACT NO. 4089 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 - Casuatty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 21 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR STATE BEACH LANDSCAPE IMPROVEMENTS CONTRACT NO. 4089 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the "Notification of Award" to the successful bidder: CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 21 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR STATE BEACH LANDSCAPE IMPROVEMENTS CONTRACT NO. 4089 CONTRACT THIS AGREEMENT, entered into this _ day of , 2009, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and HONDO COMPANY, 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: CORONA DEL MAR STATE BEACH LANDSCAPE IMPROVEMENTS The work necessary for the completion of this contract consists of re- landscaping a long narrow strip of land approximately 400 feet by 15 feet between Breakers Drive and the beach parking lot. New concrete steps with a hand railing are to be installed at the north end of the project. Along the parking lot edge, a 3 -foot high concrete retaining wall is to be constructed. The grade between Breakers Drive and the new wall / parking lot curb shall be graded to be uniform. An automatic irrigation system and all new landscaping are to be installed. The Contractor is required to verify all site conditions prior to submitting bids. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Notice to Successful Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4089, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 22 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 One Hundred Thirteen Thousand, Three Hundred Thirty and 00/100 Dollars ($113,330.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et seq.). E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Frank Tran (949)644-3340 Hondo Company, Inc. 2121 S. Lyon Street Santa Ana, CA 92705 714 - 434 -0104 714 - 434 -0215 Fax INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of work. Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. Certificates of Insurance. Contractor shall provide original certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 23 City reserves the right to require complete, certified copies of all required insurance policies at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 2. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. 3. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 4. Coverage Requirements. a. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and .Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. b. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. c. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. 5. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and 24 volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. v. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Contract. vi. The insurer shall agree to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. b) All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, rescinded by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. Timely Notice of Claims — Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this agreement. 25 All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 7. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is deterrnined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 8. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. G. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the active negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in G.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. 26 H. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. I. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. J. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: CI A 0, CITY CLERK APPROVED AS TO FORM: ©�F„u F+/ HO By: ne Be h p ssiett . stant City Attorn ,v,ar�i Title: Pri By Title: President Treasurer Print Name: Robert Lloyd Please note: Corporations must complete and sign both places above even if each office is held by the same individual 27 Executed in Four Counterparts CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR STATE BEACH LANDSCAPE IMPROVEMENTS CONTRACT NO. 4089 BOND NO. 58667102 Premium: Included in Performance Bond LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to HONDO COMPANY, INC., hereinafter designated as the "Principal;' a contract for construction of CORONA DEL MAR STATE BEACH LANDSCAPE IMPROVEMENTS, Contract No. 4089 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. 4089 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, Western Surety Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of One Hundred Thirteen Thousand, Three Hundred Thirty and 001100 Dollars ($113,330.00) 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 attorneys fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 28 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 29th day of Robert Lloyd RONDO COMPANY, INC. (Principal) Western Surety Company Name of Surety 6300 Canoga Ave., Stei 1SOW Woodland Hills, CA 91367 Address of Surety (818)713 -2031 Telephone /President AL&2!-Wnt Signature William Syrkin, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED M CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On 09/29/2009 before me, R. Haas - Bates, Notary Public Dwo ere IM00 Name and T& of ure offim personally appeared William Syrkin Namelat a st"naf who proved to me on the basis of satisfactory evidence to be the person(&) whose names) is/are subscribed to the within instrument and acknowledged to me that HAAS-BATES he%haM%y executed the same in hisNoR414& authorized 3 MM.BLI 1iAufo capacffy(+es), and that by his%efi4kelt signature(4on the behalf 0 qR. s- NOTTO NIA +� instrument the person(&}, or the entity upon of ORANGE COUNTY whlCh the persons} acted, executed the instrument. OMM. EXPIRES APRIL 22, 2012 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 Flaw Natary eeaf Abm 99.. d Nora? NAIk 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: Payment Bond #58667102 09/29/2009 Signer(s) Other Than Named Above: Capaclty(ies) Claimed by Signer(s) Signers Name: William Syrkin O Individual Corporate Officer — Ttle(s): — Partner -0 Limited ❑General El Attorney in Fact i Trustee Guardian or Conservator Other: Signer Is Representing: Western Surety Company Top of thumb here Number of Pages: Three (3) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited O General ,2 Attorney in Fact G Trustee Guardian or Conservator Other: Signer Is Representing: Tap of thumb here . /4:.Y w. - 4va.vav ...✓::m m w ✓%:ti 'a'C Xq� -.?, -h K- •••........ ... .a:�a'K <. >•a .v< - a:.vgyn. •tb. '� < �'. v.T: ;. A. Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, acrd State of South Dakota, and that it does by virtue of the signature and seal hemin affixed hereby make, constitute and appoint William Syrkin, Sergio D Bechara, Fritz Mutter, Margaret Gilmore, Individually of Irvine, CA, its true and lawful Attomey(s) -in -Fact with full power and authority hereby conferred to sign, seal and exceute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Powef of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be herero affixed on this I 1 th day of November, 2008. watrre WESTERN SURETY COMPANY P Paul r3ruftaL Senior Vice President State of South Dakota 1 )} ss County of Mionehaha On this 1 I th day of November, 2008, before me personally came Paul T. Bmflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Fails, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he (mows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his time thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires N4rrrrrrrrrrrrrrrrrr4rrr y % D. KRELL '+ November 30, 2012 i NMARY PUBLIC v f e 8OUTH DAKOTA M, �r4r4rh4rr44 \4Y4 \rrrr4r4 e D. Krell, NoEry Public CERT FICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, raid further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name end affixed the seal of the said corporation this 29th day of September , 2009 a 4 t'ro WESTERN SURETY COMPANY - O'Z "O �t llP,,la C L. Nelson, Assistant Secretary Form F4280 -09 -06 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY Ibis Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of arty such officer and the corporate seal may be printed by facsimile. ACKNOWLEDGMENT ................................................ ............................... State of California County of Orange ) ss. On 10/6/2009 before me, Maryanne McLaren Notary Public, personally appeared Robert Lloyd proved to me on the basis of satisfactory evidence to be the person(20 whose name(N) isilem subscribed to the within instrument and acknowledged to me that heAPWX467� executed the same in his/jmkbbxk authorized capacity} and that by his/ta>zmwMa signatures(R) on the instrument the person(, or the entity upon behalf of which the person(r.) 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. Si atur (seal) ................................................ ............................... OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification _Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO /CFO /COO President / Vice - President / Secretary I Treasurer Other: Other Information: 31 Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. Executed in Four Counterparts CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR STATE BEACH LANDSCAPE IMPROVEMENTS CONTRACT NO. 4089 BOND NO. 58667102 FAITHFUL PERFORMANCE BOND Premium is for contract term and is subject The premium charges on this Bond is $ 1,632.00 to adjustment based on final contract price being at the rate of $ 14.40 per thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to HONDO COMPANY, INC., hereinafter designated as the "Principal ", a contract for construction of CORONA DEL MAR STATE BEACH LANDSCAPE IMPROVEMENTS, Contract No. 4089 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. 4089 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and Western Surety 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 One Hundred Thirteen Thousand, Three Hundred Thirty and 001100 Dollars ($113,330.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 19% As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 29th day of September , 200 . Robert Lloyd HONDO COMPANY, INC. (Principal) Western Surety Company Name of Surety 6300 Canoga Ave., Ste11SOW Woodland Hills, CA 91367 Address of Surety (818)713 -2031 Telephone 1111f J/ President Authoriz gna re/Title Aufhorjz d1a nt Signature William Syrkin, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND .SURETY MUST BE ATTACHED 33 ACKNOWLEDGMENT ................................................ ............................... State of California County of Orange ) ss. On 10/06/2009 before me, Maryanne McLaren Notary Public, personally appeared Robert Lloyd ,who proved to me on the basis of satisfactory evidence to be the person(g) whose name" is/i subscribed to the within instrument and acknowledged to me that he /sibRAI&W executed the same in his /Eif4^9Z authorized capacity(: ", and that by his /hemvles' signaturesf4 on the instrument the person(s§, or the entity upon behalf of which the person(Q 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. jo;by Signature MARYANNE MCLAREN Comml6aUo i 183460(1 NoUry Public • Ca6lornla orae8e County M Comm. E Irea Fab 1, 2013 (seal) ................................................ ............................... OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President I Vice - President I Secretary / Treasurer Other: Other Information: 34 Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. 3<S6L" aGjia:� <„aYY State of California l County of _Orange Ji On 09129/2009 before me, R. Haas - Bates, Notary Public Date lime thee» Name We of We Off� personally appeared William Syrkin Name (s) of SiVer(s) who proved to me on the basis of satisfactory evidence to be the person(*) whose names) is/are subscribed to the within instrument and acknowledged to me that hahhekhey executed the same in hisilwAheir authorized Capacity(iea), and that by hill %#Weir signature(o on the R. HAAS-BATES g instrument the person*, or the entity upon behalf of U COMM. # 1796169 which the person(*}acted, executed the instrument. (� e� - NOTARY PUBLIC • CALIFORNIA ORANGE COUNTY COMM. EXPIRES APRI 22. 20]2 ` 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 Pte Notary Seal Ab" SlGn re of Notary Pubic OPTIONAL Though the information below is not required by law, if may prove valuable M persons relying on the document and could prevent haudulent romoval and mabachment of this form to another document. Description of Attached Document Title orType of Document: Performance Bond #58667102 Document Date: 09/29/2009 Signer(s) Other Than Named Above: Capacity(fes) Claimed by Signer(s) Signers Name: William Syrkin • Individual • Corporate Officer — TiUa(s): ❑ Partner —❑ Limped ❑ General ❑+ Attorney in Fact ❑ Trustee Top of tm,rtm hme Guardian or Conservator Other: Signer Is Representing: Western Surety Company Number of Pages: Signers Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee E. Guardian or Conservator ❑ Other: Signer Is Representing: Three (3) Top of thumb here Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN-FACT Kaow All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the sigmh, and seal herein affixed hereby make, censtim a and appoint William Syrkin, Sergio D Bechara, Fritz Mutter, Margaret Gilmore, Individually of Irvine, CA, its true and lawful Attorney(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby m fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, arc hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President sad its corporate seal to be hereto affixed on this I Ith day of November. 2008. p WESTERN SURETY COMPANY °eP " "% l SN a^'A�v Paul rBrmflat, Senior Vice President State of South Dakota ss County of Minnehaha On this 1 I th day of November, 2008, before me personally carte Paul T. Bnrflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in slid which executed the above instrument; that he knows the seal of said corporation; that die seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his time thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires r""' " """' " ""' " " "" "" f r D. KRELL + November 30, 2012 '+.�� SOUTH PUBLIC` -r BOOTH DAKOTA ate' 4r /rr +rrrrrrrrrrrrrrrrrrrr/ D. Krell, Notbury Public CERTIFICATE 1, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Prover of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of die said corporation this 29th day of September . 2009 WESTERN SURETY COMPANY L. Nelson, Assistant Secretary Form F4290-09 -06 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertaldngs, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. California Business Search DISCLAIMER: The information displayed here is current as of AUG 28, 2009 and is updated weekly. It is not a complete or certified record of the Corporation. Corporation HONDO COMPANY, INC. Number: C0878545 Date Filed: 11/28/1978 Status: active Jurisdiction: California Address 2121 SOUTH LYON ST SANTA ANA, CA 92705 Agent for Service of Process ROBERT LLOYD 2121 SOUTH LYON ST SANTA ANA, CA 92705 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. Page 1 of 1 hftp: / /kepler. ss. ca.gov /corpdata /S howAi I List ?QueryCorpNumber— C0878545 &pri... 09/02/2009 HONDCOM -01 HIJE CERTIFICATE OF LIABILITY INSURANCE DA 9 /281DD/1"/YY) 9/2812009 PRODUCER (888) 825.4322 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Bowermaster $ Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 6026 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 10805 Holder Street - Suite 350 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Cypress, CA 90630 INSURERS AFFORDING COVERAGE NAIC # INSURED Hondo Company, Inc. INSURER & Landmark American Insurance Co. 2121 South Lyon Street I INSURERS: Golden Eagle Insurance Corporation Santa Ana, CA 92705 - INSURER c: RSUI Indemnity Company NSURER D: Southern Insurance Company cnvPRAr,FS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ROWL UM X - TYPE OF INSURANCE GENERAL LIABILITY X --]CLAM O MS OCCUR POUCYNUMBER LHAt34113 EFFECTIVE 6/1/2009 POLICY EXPIRATN EXPIRATION AMIDIXYYYYi 6/1/201 LIMITS -LIK. A EACH OCCURRENCE $ 1,000,00 PREMISES Ea urene �> MED EXP (Any One person) $ 5,0 PERSONAL S ADV INJURY $ 1.000,0 X Deductible - $5,000 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE POLICY LIMIT APPLIES PER: X I PRO- LOC PRODUCTS - COMP /OP AGG $ 2,000,00 B X AUTOMOBILE UABILIry MY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NOWOWNED AUTOS BA8286843 6/1/2009 6/1/2010 (de SINGLE Eaaarrn) $ 1,000, BODILY I (Per person) $ BODILY INJURY (Per acadeu) $ PROPERTY DAMAGE (Per amiaern) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EAACC AUTO ONLY: AGG $ $ C EXCESS I UMBRELLA LIABILITY X OCCUR RCLAIMSMADE DEDUCTIBLE %� RETENTION S None NHA223982 611/2009 611/2010 EACH OCCURRENCE $ 2,000.00 AGGREGATE $ 2,000,0 $ $ D WORKERS CDMPENBATION AND EMPLOYERS' LIABILITY ANY PROPRIETORrPARTNERIEXECNTIVEO OFFICEWMEMSER EXCLUDED? (Mandatory In NH) M yes, deaWbe under SPECIAL PROVISIONS below WS1000716401 1/112009 111/2010 X WC STATU- OTH- TORY LIMI ER E.L. EACH ACCIDENT _ $ 1.000,00 E.L. DISEASE- EA EMPLOYE S 1,000.00 EL DISEASE - POLICY LIMB $ 1,000,00 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS See attached page. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILMA&UM)0 MAIL 3O DAYS WRITTEN City of Newport Beach NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Public Works Department )W&SI X� PO BOX 1768 X AXK*X 3300 Newport Blvd. AUTOO E Newport Beach, CA 92658 - ACORD 25(2009/01) C 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ffell1IT94T.*EiT -Wrwry IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance 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. A(:ORD 25 (2009!01) HONDCOM -01 HIJE PAGE 1 OF 1 DESCRIPTION OF OPERATIONS - Hondo Company, Inc. City of Newport Beach 2121 South Lyon Street Public Works Department Santa Ana, CA 92705- PO BOX 1768 3300 Newport Blvd. Newport Beach, CA 92658- '10 Day Notice of Cancellation for Non - Payment of Premium RE: Corona Del Mar State Beach Landscape Improvements Contract #4089 City of Newport Beach, its elected or appointed officers, agents, officials, employees and volunteers are listed as Additional Insured with respect to General Liability per form RSG 15017 1207 and in respect to Auto Liability per form GECA 701 01107. Insurance is primary per form RSG 15017 1207. Waiver of subrogation applies to General Liability, Auto Liability & Work Camp per forms WC 990301, RSG 140481008 & GECA 701 01107. Hondo Company, Inc. BA8286843 COMMERCIAL AUTO COLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION 11— LIABILITY COVERAGE A. COVERAGE 1.. WHO IS AN INSURED The following is added: A. Any Organization, other than a partnership or joint venture, over which you maintain ownership or tf a nralo interest -on the effective date of this Coverage Form, it there is no similar insurance available to that organization. a. Any Organization you newly Muire or form other than a partnership or Wra venture, and over which you mgWl a(n;ownkship of a majaflty Interest.. Haw. ever, coverage under this provision does riot apply: (1) if there is similar insurance oraseif- Insured re entim plan available to that organization; or (2) To 'bodily injury' or 'property damage" that occurred Wore you acquired or formed the organization. f. Any volunteer or employee of yours while using a covered "auto" you do not own, hire or borrow in your business cr.your personal affairs. Insurance provided by this endorsement is excess over any other insurance available to any volunteer-or empioirea. 9 Any parson, ongankafiom trustee, estate or govemmerital entity with'resped to the operstion. maintenance or use of a oovered -auto" by an insured; ff: (1) You arenbligated to add that person, organization, trustee, estate or govemmental sally as an additional: insured to this.polioytry: (a) an expressed provision of an1asured contract", or. written agreement; of (b) an expressed condition of a written permit issued to you by at govemmental or public authority. (2) The bodily injuW,or' property damage' is caused by an "aocldeW which takes piece after: (a) You executed the Insured contract" or written agreement: of (b) the permit has been issued to you. 2. COVERAGE <EXTENSiONS a. Supplementary Payments. Subparagraphs (2) and (4) are amended as follows: (2) Up to $2500 for cost of bail bonds (Including bonds for related traffic law violations) required because of an 'accident! we cover. We do nothe" to furnish these bonds. (4) Ali reasonable expenses incurred by the 'Insured' at our request, Including actual loss of "intrig up to $500 a day because of time off from work. trichrdescopydghted material of hwurarice services offima, Inc. with Its permission GECA 7011 (01107) Page 1 of 3 O6ie1f1W7 8286W NEUS)ID Iloe INSURED COPY PODM0600 J29416 GCAFPPN 000117089 Palle 39 SECTION III — PHYSICAL DAMAGE COVERAGE A. COVERAGE The following is added: 5. Hired Auto Physical Damage a. Any "auto" you lease, hire,, rent or borrow from someone other than your employees or partner's or members of their household Is a covered 'auto" for each of your physical damage coverages. b. The mostwe will pay for %sa" in anyone 'acc idenY is the smallest of; (1) $50.000 (Y) The actual cash value of the damaged or stolen property as of thetime of the "loss'; or (3) The cost of repairing or replaclng the damaged oratoten property with other property of like kind and quality. If you -are IiabWfor the Welfent", we will also pay up to $5W per "accident" far the actual loss of use lathe owner of the covered "auto". C. Our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by an amount that is.equal .tD the.amount of the largest deductible shown for any owned 'auto" for that Coverage. However, any Comprehensive Coverage deductible shown in the Declarations does not apply to "bss" caused by fire or tlghtninq: d. Por,this coverage; the insurance provided is primary for any covered `auto" yew hire without a driver and excess over any other collectible insurance ter any covered 'auto' that you hire with a driver. S. Rental ReimburseAtdnt Coverage We will pay up to $75. per-day for up 'to.3D days, for.rental reimbursement expenses incurred by you for the rental clan `auto" because of 'loss' to a covered "auto Rental Reimbursement will be based on the: rental of a oomparabie vehicip, "which in marry cases may be substantially less #ran $75 per day, and wit only be allowed for a period of time'# should take to repair or replace the vehicle with reasonable speed and "far up to a maximum of 30 days. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your materials and egUipmentfrom the covered `auto'. If "lass' restdtsfrom the total theft of a covered 'auto' of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which Is not already provided under paragraph 4. Coverage Extension. 7. tease Gap Coverage If a brig -term leased 'auto" is a oovered "auto ".arid the lessor is named as an Additional Insured — LesW, In the event of a total lose, we will pay, your additional ,legal obligation to the lessor for any difference between the actual cash value of the 'auto" at the time of the loss and the 'Outstanding balance" of the lease. 'Outstanding balance' means the amount you owe on the lease at the time of loss less any amounts representing taxes; _overdue payments; penalties, interest or charges resulting from overdue payments; additional.mkeage Charges excess wear and tear charges; and lease termination fees. B. EXCLUSIONS The following 1.8:00ded to Paragraph 3 The exclusion for "loss' caused by or resulting from mechanical or electrical breakdown does not apply to the accidental discharge of an airbag. uiek4a sopyrng W materiel ofImWarm SWA= OnlS w Inc . with Us permission GECA 701 (01107) Page Y of S INSURED COPY aawm�m 82a6B43 NEUSXL%M11o6 F'61)1A0800 J29416 rcnFPPN 00oo7090 Pear 40 Paragraph 4 fs replaced with the following: 4. We will riot pay for "loss ".to any of the following: a. Tapes, records, disks or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. b. Equipment designed or used for the detection or location of radar: c. Any electronic equipment that receives ortransn* audio, visual or data signals. Excluslon 4.c:does not apply to: (1) Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed sot*.for the reproduction of sound, 0 the equipment Is, permanently installed In the covered 'auto` at the it= of the "loss" and such equipment is designed to be solety, operated by use-of the power from the `auto's" electrical system, in or upon the covered "auto"; or (2) Any other electronic equipment that is: (a) Necessary for the normal operation of the Cohered 'auto' or the monitoring of the covered "auto's°operating system; or (ti) An Integral part of:thb tame'unit housing any sound reproducing equipment described in (1) above and permanently installed in the opening of the dash or console of the covered "auto' normaAyused.bythe manufacturer for installation of a radio. D. DEDUCTIBLE Thetotlowing:ls added: No deductible applies to. glass damage -If the glass is repaired rather than replaced. SECTION IV. BUSINESS AUTO'CONOMONS A. LOSS.CONDMbNS Item 2.a. and b. are replaced with: 1 2. Duties Id TheMvent of Accident, Claim, Suit, or Lass a. You must prorap9y notilY vs. Your duty to promptly noiiy us is effective when any of your executive otiioers; partners, members, ,or legal representatives is aware of the accident, claim, °suit`, or loss. Knowledge of an accident, claim, "suit`, or loss, by other employee(s) does not Imply you also have such knowledge. b. To the extent possible, notice to us.should Include. (1) How, when and where the accident or toss took place; (2) The names and addresses of any injured persons and witnesses; and (3)- The nature and location of any Injury or damage arising out of the accident or loss_ Thelotlowirlg is added to 5. We waive any right of recovery we may have against any additional Insured under Coverage A. 1. Who Is An Insured 9., but only as respects loss arising out of.the operation, maintenance on use of a covered auto' pursuant to the provisions of the "insured.cordracr, written agreement, or permit. B. GENERAL CONDITIONS 9. is added 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Your-unintentional failure to disclose any hazards existing at the effective date of your policy will not prejWioe the coverage afforded. However, we have the right to collect additional premium for any such hazard. COMMON POLICY CONDITIONS C, 2b. is replaced W thefollowing: b. 60 days before the effective date of cancellation if we cancel for any other reason. indudes copyrighted matertel of Insurarse seivim Oakes. Inc, with its permission GECA 701 (01/07) Page 3 of 3 06/01n007 8286843 NEUSA)CM1106 INSURED COPY PGOMOODD J29416 OCAFPPN 00007091 Page 41 LANDMARK AMERICAN INSURANCE COMPANY This Endorsement Changes The Policy. Please Read It Carefully. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: Any Person or Organization As Required By Written Contract The following is added to SECTION IV — CONDITIONS, 8. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHER TO US: We.waive any right of recovery we may have against the person or organization shown in the SCHEDULE above because of payment we make for injury or damage arising out of your ongoing operations, "your product" or °your work' done under a written contract with that person or organization and included in the ° prod uct completed operations hazard ". This waiver applies only to the person or organization shown in the SCHEDULE above. This endorsement effective 06/0112009 forms part of Policy Number LHA134113 issued to HONDO COMPANY, INC. by Landmark American Insurance Company RSG 14048 1008 Includes copyrighted material of Insurance Services Office, Inc. 1992 with its permission. LANDMARK AMERICAN INSURANCE COMPANY This Endorsement Changes The Policy. Please Read It Carefully. ADDITIONAL INSURED BLANKET - PRIMARY AND YOUR WORK This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: Any person or organization to whom or to which you are obligated by virtue of a written contract or by the issuance or existence of a written permit, to provide insurance such as is afforded by this policy. A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the SCHEDULE, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Youracts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations; and/or "your work" defined for the additional insured(s) designated above included in the "products - completed operations hazard B. N you are required by a written contract to provide primary insurance, this. policy shall be primary and SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance does not apply, but only with respect to coverage provided by this policy. This endorsement effective 0610112009 forms part of Policy Number LHA134113 issued to HONDO COMPANY, INC. by Landmark American Insurance Company RSG 15017 1207 Includes copyrighted material of Insurance Services Office, Inc. 1984 (1185) with its permission WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 03 Ol (Ed. 12-06) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover.our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization named in the Schedule. (This agreement applies only to the extent that you perform work Under a written contrac(thafrequiies 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. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Blanket Waiver A11y person or organization for whom the Named Insured has agreed by written contract to famish this waiver. 2. Premium: The additional premium charge for this endorsement shall be 3 percent of the California Workers' Compensation pre-mium otherwise due subject to a minimum premium of $750 per policy. 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 0110112009 Polley No. W510007164 -01 Endorsement No. Insured: Hondo Company: tnc. Premium (See Aaaehed) Insurance Company. Southern Insurance Company Countersigned by WC990301 (Ed. 12 -06) In6uaps copyrighted manaw ar National counctun Compe afion Insurance wiN Yep naicxan CoWaht real National Coondl on Cd nsaioa Insumnra. 29 of 29 CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 10/06/09 Dept. /Contact Received From: Shauna Oyler Date Completed: 10/07/09 Sent to: Shauna By: Michelle Ross Company /Person required to have certificate: Hondo Construction I. GENERAL LIABILITY A. INSURANCE COMPANY: Landmark American Insurance Co. D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, $2M B. AM BEST RATING (A: VII or greater): "A "(XII) $1,000,000 C. ADMITTED Company (Must be California Admitted): E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its Is Company admitted in California? ❑ Yes ® No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste $1,000,000 with D. LIMITS (Must be $1 M or greater): What is limit provided? $2,000,000 Umbrella E. PRODUCTS AND COMPLETED OPERATIONS (Must City will accept the endeavor wording. include): Is it included? (Completed Operations status does not apply to Waste Haulers) ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? 0 Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes ❑ No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Golden Eacle Insurance Compan B. AM BEST RATING (A: VII or greater) "A "(XV) C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): $1,000,000 What is limits provided? w /$2,000,000 Umbrella E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers) :Is it included? ® Yes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 111. WORKERS' COMPENSATION A. INSURANCE COMPANY: Southern 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? IF NO, WHICH ITEMS NEED TO BE COMPLETED? GL) Landmark American is a non admitted carrier WC) Southern Insurance Co. is an "A-" carrier ❑ Yes ® No Check a License or Home Improvement Salesperson (HIS) Registration - Contr... Page 1 of 2 Department of Consumer Affairs Contractors State Li a oard Contractor's License Detail - License # 373104 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B &P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B &P. 7071..17, only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number: 373104 Extract Date: 09/02/2009 ..... ....._._ -------- .. .___.__ _. ..... .......... .. ,. .._........._ HONDO COMPANY INC Business Information: 2121 S LYON STREET SANTA ANA, CA 92705 -5303 Business Phone Number: (714) 434 -0104 Entity: Corporation Issue Date: 04/13/1979 Expire Date: 04/30/2011 License Status: This license is current and active. All information below should be reviewed. CLASS DESCRIPTION Classifications: D34 PREFABRICATED EQUIPMENT ..... — ._....._. ..._........... — ............_ _ . . B GENERAL BUILDING.CONTRACTOR https: / /www2.csib. ca.gov /Onli neServices /CheekLice nse /LicenseDetail.asp 09/02/2009 Check a License or Home Improvement Salesperson (HIS) Registration - Contr... Page 2of2 C27 LANDSCAPING A GENERAL ENGINEERING. CONTRACTOR' .......... . .... ... ... .......... .. D12 SYNTHETIC PRODUCTS ---------- CONTRACTOR'S BOND This license filed Contractor's Bond number SC1018102 in the amount of $12,500 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date: 03/02/2009 Contractor's Bonding Histor Bonding: BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) ROBERT ALAN LLOYD 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: 03/04/1981 This license has workers compensation insurance with the SOUTHERN INSURANCE COMPANY Workers' Policy Number: WS1000716401 Compensation: Effective Date: 01101/2009 Expire Date: 01/01/2010 Workers' Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Conditions of Use I Privacy Policy Copyright @ 2009 State of California hftps://www2.csib.ca.gov/OnlineServices/CheekLicense/LicenseDetail.asp 09/02/2009 City of Newport Beach Quest Business license Application - eReceipt https: / /www 5.city.newport- beach. ca. us / quest /bus_licerise /receipt.aspx... Calendar Subscribe to News & Alerts FAQs Contact Us Quest Online Service Requests welcome Bob I Ed!t.la6T I Sga0la Quest Home 10/2/2009 Congratulations Bob! Your Business License Application has been submitted and your payment has been received. Your application will now be reviewed by a staff member and then approved accordingly. Please wait 10 business days to receive your Business License Certificate via Postal Service. You may login to Quest at any time to view the status of your request. Receipt No: 191778581 Business License #: BT30029434 Total Amount: $222.00 Please help us improve our services: Take a 30 second Survey Please print this receipt for your records. RlM Receipt ON of Newport Beach 3300 Newport Blwt Newport Beach, CA 92669 949 -6 4 3309 Contact the City 0 20x9 Privacy Poficy & Disclaurer 3m mep Moses Created! by Vision Internet Technical Questions/ Difficu 6es CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL CORONA DEL MAR STATE BEACH LANDSCAPE IMPROVEMENTS CONTRACT NO. 4089 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. 4089 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 @ Four thousand Dollars and 4,000.00 no Cents $ Per Lump Sum 2. Lump Sum Demolition and Removal Twelve thousand @ five hundred Dollars and no Cents $ 12,500.00 Per Lump Sum 3. Lump Sum Precise Grading and Backfilling Two thousand @ five hundred Dollars and no Cents $ 2,500.00 $ 2,500.00 Per Lump Sum PR2of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 300 S.F. A.C. Patch @ Ten Dollars and no Cents Per S.F. 5. 220 L.F. Concrete Retaining Wall One hundred and @ seventeen Dollars and no Cents Per L.F. 6. 90 L.F. 12 -inch High Concrete Curb 7 3 Q @ Thirty Dollars and no Per L.F. $ 10.00 $ 3,000.00 $ 117.00 $ 25.740.00 Cents $ 30.00 $ 2,700.00 260 L.F. 6 -inch Type "B" PCC Curb @ Eighteen Dollars and no Cents Per L.F. 50 L.F. PCC Curb Transition @ Twenty six Dollars and no Cents Per L.F. Lump Sum Concrete Steps Four thousand @ two hundred Dollars and no Cents Per Lump Sum $ 18.00 $ 4,680.00 $ 26.00 $ 1,300.00 $ 4,200.00 PR3of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. Lump Sum Aluminum Handrail One thousand @ eight hundred Dollars and no Cents Per Lump Sum 11. Lump Sum Irrigation System Seventeen thousand five hundred @ and .sixty Dollars and no Cents Per Lump Sum 12. Lump Sum Planting Twenty six thousand @ four hundred Dollars and no Cents Per Lump Sum 13. 1,200 S.F. 3 -inch Thick Gravel Bed along Breakers Drive 1,800.00 $ 17,560.00 $ 26,400.00 @_ Two Dollars and no Cents $ 2.00 $ 2,400.00 Per S.F. 14. 1 E.A. Adjust Water Meter Box to Grade Four hundred @ and fifty Dollars and no Cents $ 450.00 $ 450.00 Per E.A. 15. Lump Sum Construction Surveying Two thousand @ eight- hundredDollars and no Cents $ 2,800.00 Per Lump Sum PR4of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. Lump Sum 90 -Day Maintenance Period @ One thousand Dollars and no Cents Per Lump Sum 17. Lump Sum As Built Plans @ Three hundred Dollars and no Cents Per Lump Sum $ 1,000.00 $ 300.00 TOTAL PRICE IN WRITTEN WORDS One hundred thirteen thousand three hundred thirty ---- - - - - -- Dollars and no Cents $113,330.00 9/1/09 jBidd Date 714 - 434 -0104 / 714 - 434 -0215 Bidder's Telephone and Fax Numbers 373104, A, B, C61 /D12 C61/D34, C27 2121 Bidder's License No(s). Bidder': and Classification(s) Bidder's email address: HondoCo@gmail.com Total Price (Figures) o C m any Inc 0 ,President Au horized Signature and Title S Lyon St, Santa Ana CA 92705 > Address fAUserslpbvAsharedkontractsNfy W1Tcdm beach landscape improvements a40891proposal 0.4089.doc PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS CORONA DEL MAR STATE BEACH LANDSCAPE IMPROVEMENTS CONTRACT NO. 4089 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2.9 SURVEYING 2 -9.3 Survey Service SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -1 LOCATION 5 -2 PROTECTION 5 -7 ADJUSTMENTS TO GRADE 5 -8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 1 1 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 3 6-1 CONSTRUCTION SCHEDULE AND 7 -8 COMMENCEMENT OF THE WORK 6 -7.1 General 6 -7.2 Working Days 6 -7.4 Working Hours 6-9 LIQUIDATED DAMAGES 4 4 4 4 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -8 PROJECT SITE MAINTENANCE 5 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 5 7 -8.6,1 Best Management Practices and Monitoring Program 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.1 Traffic and Access 6 7 -10.2 Storage of Equipment and Materials in Public Streets 6 7 -10.3 Street Closures, Detours, Barricades 6 7 -10.4 Public Safety 7 7- 10.4.1 Safety Orders 7 7 -10.5 "No Parking" Signs 7 7 -10.7 Notice to Residents and Temp Parking Permits 7 7 -15 CONTRACTOR LICENSES 8 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 8 SECTION 9 MEASUREMENT AND PAYMENT 8 9 -3 PAYMENT 9 -3.1 General 9 -3.2 Partial and Final Payment PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel 11 11 11 11 11 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 11 300 -1 CLEARING AND GRUBBING 11 300 -1.3 Removal and Disposal of Materials 11 300 -1.3.1 General 12 300 -1.3.2 Requirements 12 300 -1.5 Solid Waste Diversion 12 SECTION 304 METAL FABRICATION AND CONSTRUCTION 12 304 -2 METAL HAND RAILINGS 12 304 -2.1.2 Fabrication 12 304 -2.1.3 Installation 12 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 13 303 -5 CONCRETE CURBS, WALKS, WALKS AND STAIRS 13 303 -5.1 Requirements 13 303 -5.11 General 13 303 -5.5 Finishing 13 303 -5.51 General 13 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 13 308 -1 GENERAL 13 SP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS 11 lr�"_ CONTRACT NO. 4089 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. P- 5219 -5); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE. The work necessary for the completion of this contract consists of re- landscaping a long narrow strip of land approximately 400 feet by 15 feet between Breakers Drive and the beach parking lot. New concrete steps with a hand railing are to be installed at the north end of the project. Along the parking lot edge, a 3 -foot high concrete retaining wall is to be constructed. The grade between Breakers Drive and the new wall / parking lot curb shall be graded to be uniform. An automatic irrigation system and all new landscaping are to be installed. The Contractor is required to verify all site conditions prior to submitting bids. 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize /follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. At a minimum, two (2) sets of cut - sheets for all areas shall be included in the bid price and copies of each set shall be provided to City 48 -hours in advance of any work." SP 1 OF 13 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS CORONA DEL MAR STATE BEACH LANDSCAPE IMPROVEMENTS CONTRACT NO. 4089 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. P- 5219 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE. The work necessary for the completion of this contract consists of re- landscaping a long narrow strip of land approximately 400 feet by 15 feet between Breakers Drive and the beach parking lot. New concrete steps with a hand railing are to be installed at the north end of the project. Along the parking lot edge, a 3 -foot high concrete retaining wall is to be constructed. The grade between Breakers Drive and the new wall / parking lot curb shall be graded to be uniform. An automatic irrigation system and all new landscaping are to be installed. The Contractor is required to verify all site conditions prior to submitting bids. 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilizetfollow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. At a minimum, two (2) sets of cut - sheets for all areas shall be included in the bid price and copies of each set shall be provided to City 48 -hours in advance of any work." SECTION 3--- CHANGES IN WORK 3 -3 EXTRA WORK SP 2 OF 13 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SP 3 OF 13 SECTION 5 - -- UTILITIES 5 -1 LOCATION. Add the following after the 3`d paragraph: "upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. Where required, the Contractor shall adjust or replace to finish grade City -owned water meter boxes, water vaults, sewer manholes, sewer cleanouts and survey monuments. Water valve covers shall be replaced and raised to grade per City standards. The Contractor will be required to contact Southern California Edison, The Gas Company, SBC /AT &T Telephone, cable television, and other utility facilities to have existing utilities adjusted to finish grade. The Contractor shall. coordinate with each utility company for the adjustment of their facilities. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing sewer /storm drain manhole (including grade rings), meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operations Manager, at(949)718 -3432. SECTION 6 -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed.' No work shall begin until a 'Notice to Proceed' has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." SP 4 OF 13 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within forty-five (45) consecutive working days, excluding the Plant Establishment and Maintenance Period, after the date on the Notice to Proceed. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1st (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 0 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 4th November 11th, December 24th, December 25t , or December 31st falls on a Saturday, the Friday before is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:30 AM to 4:30 PM, Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 P.M. to 6:30 P.M. on weekdays or 8:00 A.M. to 6 P.M. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $123.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the SP5OF13 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. 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. SP6OF13 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 -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 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 residents whose access will be impacted by construction operations. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may be stored in the adjacent parking lot if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre - construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed civil 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 civil 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 SP7OF13 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 in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty-eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will SP 8 OF 13 be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. Englne4 shall be the contractor's responsibility to arrange for the appropriate changes to be made to the final drawing set, and present both a corrected Mylar hard copy and a compact disc (CD) with each drawing sheet saved as a .PDF as described in the City of Newport Beach Design Criteria Standard Special Provisions & Standard Drawings for Public Works Construction 2004 edition (revised June 23, 2008). It The "As- Built" Mylar plans and CD shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9— MEASUREMENT AND PAYMENT 9-3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not SP 9 OF 13 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. This item shall include temporary construction fence along the parking lot for the entire project site as required. Item No. 2 Demolition and Removal: Work under this item shall include full compensation for furnishing the labor, materials, tools, and equipment for the removal of all existing landscape, curb, boulders, wood edging, poles, existing stone retaining wall at north end of project and the small amount of stones at the south end of the project, removal of south end curb for new curb and paving, removal of existing concrete steps where new steps are constructed. This item shall include removing existing raised pavement markers, striping along Breakers Drive, saw - cutting and removal of existing concrete in front of 3030 Breakers Drive as shown on plan, cutting and capping off existing private lighting. Private lights, signs shall be salvaged and returned to the owner. Contact: Leslie Edson, 949 - 566 -9895. Item No. 3 Precise Grading and Backfilling: Work under this item shall include full compensation for furnishing the labor, materials, tools, and equipment for the excavation, import backfilling, compacting, and grading the entire site in the project limits to have a uniform grade between the new curb along Breakers Drive and the new retaining wall or existing curb of the parking lot. Item No. 4 A.C. Patch: Work under this item shall include full compensation for furnishing the labor, materials, tools, and equipment for saw - cutting existing pavement for forming to construct new retaining and patch back full depth AC, minimum 12 -in wide by 12 -in deep, and all other work items as required to complete work in place. This item shall include an approximate 80 SF of new full depth paving at the south end of the project. Item No. 5 Concrete Retaining Wall: Work under this item shall include full compensation for furnishing the labor, materials, tools, and equipment for constructing concrete retaining wall and footing per plan detail including all necessary forms, reinforcing, and painting to match existing beach wall across the parking lot. This item shall also include waterproofing system to back wall and Armaglaze anti - graffiti coating to the entire top and front wall per manufacture's specifications. Item No. 6 12 -inch High Concrete Curb: Work under this item shall include full compensation for furnishing the labor, materials, tools, and equipment for constructing 12 -inch concrete curb per plan detail with 2 - #4 continuous, epoxy coated rebars top and bottom, and all other work items as required to complete work in place. Item No. 7 6 -inch Type "B" PCC Curb: Work under this item shall include full compensation for furnishing the labor, materials, tools, and equipment for constructing SP 10 OF 13 6 -inch PCC Type "B" curb per CNB STD- 182 -L, and all other work items as required to complete work in place. Item No. 8 PCC Curb Transition: Work under this Rem shall include full compensation for furnishing the labor, materials, tools, and equipment for constructing PCC Curb Transition from 12 -inch High PCC Curb to 6 -inch PCC curb, and all other work items as required to complete work in place. Item No. 9 Concrete Steps: Work under this item shall include full compensation for furnishing the labor, materials, tools, and equipment for all necessary actions to construct the concrete steps with non -slip finish between Breakers Dr. and the parking lot per plan details. Also provide necessary sleeves for hand rail, and all other work items as required to complete work in place. Item No. 10 Aluminum Handrail: Work under this item shall include all full compensation for furnishing the labor, materials, tools, and equipment for necessary actions to install aluminum hand rail per plan details, and all other work items as required to complete work in place. Item No. 11 Irrigation System: Work under this item shall include full compensation for furnishing the labor, materials, tools, and equipment for all necessary actions to install a fully functional irrigation system as detailed in the Contract Documents in accordance with the manufactures' specifications and these Special Provisions. Item No. 12 Planting: Work under this item shall include full compensation for furnishing the labor, materials, tools, and equipment for installing the planting as detailed in the Contract Documents and these Special Provisions. This item shall also include soils testing, preparing an agronomic soils report, and soils preparation for planting and all other work items as required to complete the work in place. Item No. 13 3 -inch Thick Gravel Bed: Work under this item shall include full compensation for furnishing the labor, materials, tools, and equipment for removing existing and installing 3 -inch thick (width varies from 18 inches to 4 feet) gravel bed along Breakers Drive from existing edge of pavement to the new curb to match existing gravel. Item No. 14 Adjust Water Meter Box to Grade: Work under this item shall include full compensation for furnishing the labor, materials, tools, and equipment for adjusting water meter box to grade per City of Newport Beach standards, replace cover with a cast iron traffic cover and all other work items as required to complete the work in place. Item No. 15 Construction Surveying: Work under this item shall include full compensation for furnishing the labor, materials, tools, and equipment for all necessary actions to provide construction surveying, and all other work items as required to complete the work in place. SP 11 OF 13 Item No. 16 90 -Day Plant Establishment and Maintenance Period: Work under this item shall include the maintenance of all plantings, weeding, irrigation, fertilization, replacement of dying plantings for a period of 90 consecutive calendar days, and all other work necessary for the plant establishment and maintenance complete and in place. Item No. 17 As -Built Plans: Work under this Item shall include all materials, tools, equipment, and labor to produce and submit one (1) set mylars and one (1) copy of as- built plans in PDF on CD to the Engineer. Retention payment will not be released to the Contractor until this work task has been completed. 9-3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 --- CONCRETE. MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560 -C- 3250." 201 -2 REINFORCEMENT FOR CONCRETE 201 -2.2.1 Reinforcing Steel. Add to this section: "Reinforcing steel shall be Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans. All reinforcing steel shall be epoxy coated." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: "Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: hftp: / /www. city. newoort- beach.ca.us/GSV /Frachised Haulers.htm." SP 12 OF 13 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words 1-Y2 inch" of the last sentence with the words "two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 304 -- -METAL FABRICATION AND CONSTRUCTION 304 -2 METAL HAND RAILINGS 304 -2.1.2 Fabrication. Add to this section: "All exposed surfaces shall receive an architectural anodized finish, with brown dye, in conformance with Aluminum Association Standard SSA-46 or AAMA 611 standard. Processing shall be sulfuric acid or equivalent anodizing with electrolytic or immersion deposited inorganic pigmentation in the coating. The resulting anodized finish shall be continuous, fully sealed and free of powdery surfaces, smut and blemishes. Prior to the fabrication of the railings, the Contractor shall submit a sample of the material to the Engineer for color approval." 304 -2.1.3 Installation. Add to this section: "Prior to installing the handrail posts, the Contractor shall insulate the aluminum posts from contact with the concrete by means of a zinc - chromate coating and /or a heavy coat of alkali - resistant bituminous paint or by embedding post in a non - shrink, non - metallic hydraulic grout manufactured for use with aluminum posts." SP 13 OF 13 SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS AND STAIRS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,250 psi." 303 -5.5 Finishing 303.5.5.1 General. Add to this section: "The Contractor shall patch back A.C., P.C.C. at locations shown on the plans in a manner that matches the adjoining existing property in structural section, texture and color." 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." • 0 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT By WE c 0 wvoa�'re IL i4U�ci SE'r 2 2 Agenda Item No. 12 September 22, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Frank Tran, Associate Civil Engineer 949 -644 -3340 or ftran @NewportBeachCa.gov SUBJECT: CORONA DEL MAR STATE BEACH LANDSCAPE IMPROVEMENTS — AWARD OF CONTRACT NO. 4089 Recommendations: 1. Approve the project drawings and specifications. 2. Award Contract No. 4089 to Hondo Company Inc. for the Total Bid Price of $113,330.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $11,333.00 to cover the cost of unforeseen work. • 4. Approve a Budget Amendment transferring $22,000 from the City-wide Median Maintenance Account No. 7013- C2001008 to Account No. 7013- C2002027. Discussion: At 10:00 A.M. on September 2, 2009 the City Clerk opened and read the following two bids for this project: BIDDER TOTAL BID AMOUNT Low Hondo Company Inc. $113,330.00 2 Ted Company $132,221.60 3 Talcal Engineering, Inc. $138,630.00 4 JDC Inc. $144,675.00 Bid read as $131,661.60 The low total bid amount is 3 percent higher than the Engineer's Estimate of $110,000.00. The low bidder, Hondo Company Inc., possesses a California Slate Contractors License Classification `A" as required by the project specifications. A check of Hondo Company Inc.'s references indicates satisfactory completion of similar projects for other public agencies. The work necessary to complete this contract consists of furnishing transportation, labor, materials, and equipment for the removal of the existing improvements within the planter • area along the north side of the Corona del Mar State Beach parking lot adjacent to Breakers Drive; constructing new curb, three -foot high retaining wall, concrete steps with handrail, and gravel bed along Breakers Drive; and installing landscape material and irrigation system. 0 0 Corona Del Mar State Beach landscape Improvements -Award of Contract No. 4059 SeWember 22.2009 Page: 2 i I to the Contract Specifications, the Contractor will have 45 consecutive working days to complete the work. Environmental Review: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines. This exemption covers the minor alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work, City- prepared notices will be distributed by the Contractor to residents on Breakers Drive. Geotechnical Services: In addition to the contract costs, approximately $3,500 in consulting geotechnical services is estimated for this project and will be performed under the on -call professional services agreement with Harrington Geotechnical Engineering, Inc. Funding Availability: Upon approval of the recommended Budget Amendment, sufficient funds will be available in the following account for the project. Account Description General Fund Proposed uses are as follows: Vendor Hondo Company Inc. Hondo Company Inc. Harrington Geotechnical Various Prepared by: IL Frank Tran Associate Civil Engineer Attachments: Project Location Map Budget Amendment Account Number Amount 7013- C2002027 $ 130,000.00 Total: $ 130,000.00 purpose Amount Construction Contract $ 113,330.00 Construction Contingency $ 11,333.00 Geotechnical Services $ 3,500.00 Construction Support, Printing $ 1,837.00 and Incidentals Total: $ 130,000.00 Submitted by: KG. Barium Works Director is • is 1^ CORONA DEL MAR STAIR BEAC CON RA CT NO DDSCAPE tiVtpRO M EN?s PROIEC - LOCA77o V MAP Cityf Newport Beach BUDGET AMENDMENT 2009 -10 EFFECT ON BUDGETARY FUND BALANCE: 7013 Description Increase Revenue Estimates Px Number Increase Expenditure Appropriations AND Citywide Median Maintenance Division Transfer Budget Appropriations SOURCE: Street Account Number from existing budget appropriations CdM Beach Parking Lot Landscape Improvements Division from additional estimated revenues from unappropriated fund balance EXPLANATION: NO. BA- 10BA -013 AMOUNT: f22,0o0.00 • Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance rx] No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To transfer expenditure appropriations from Citywide Median Maintenance account to CdM Beach Parking Lot landscape Improvements account to cover the cost of contract award # 4089 to Hondo Compnay Inc. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Aurr REVENUE ESTIMATES (3601) Fund/Divism Aocount EXPENDITURE APPROPRIATIONS (3603) Description Debit t:reott Description Division Number 7013 Description Street Account Number C2001008 Citywide Median Maintenance Division Number 7013 Street Account Number C2002027 CdM Beach Parking Lot Landscape Improvements Division Number Account Number Division Number Acoount Number Signed: Approval: Manager $22,000.00 $22,000.00 • 9- /O-!fly— Director Date toe • Signed: City Council Approval: City Clerk Date CORONA DEL MAR STATE BEACH LANDSCAPE IMPROVEMENTS CONTRACT NO. 4089 PROJECT LOCATION MAP FlRST AVENUE 55z COIS7 a < � � HWY ORIOE LL__JJ BAYSD S� jJ 2 J p zz < e a SEANEW AYIItUE. AYENDE DN _ DarnEw IX21K D Mr DWW BOULEVARD a� < D' ocTAN W W ST aE� 9R SHELL S N.T.S. PROJECC LOCAMN C(t of Newport Beach BUDGET AMENDMENT 2009 -10 FECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations AND X Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: NO. BA- 10BA -013 AMOUNT: 522,000.00 Increase in Budgetary Fund Balance Decrease in Budgetary Fund Balance PX No effect on Budgetary Fund Balance COUNCIL AGENDA NO. 1a as-,Oj To transfer expenditure appropriations from Citywide Median Maintenance account to CdM Beach Parking Lot Landscape Improvements account to cover the cost of contract award 0 4089 to Hondo Company Inc. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description REVENUE ESTIMATES (360 1) • Fund/Division Accoun t Description EXPENDITURE APPROPRIATIONS (3603) DesWptlon Division Number 7013 Street Account Number C2001008 Citywide Median Maintenance Division Aocounl Division Account Division 41_kmlg Signed Signed '19 Number 7013 Street Number C2002027 CdM Beach Parking Lot Landscape Improvements Number Number Number Number Financial Approval: AdminlstrMve Services Director Approval: City City Council Approval: Clty Clerk Amount Debit Credit $22.000.00 Auto Wk $22,000.00 / Date 91''Data Date