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C-4132 - Community Youth Center Parking Lot Improvements
u 0 0 ;G August 19, 2010 Mr. Nicholas O'Hare Tyner Paving Company 2005 San Fernando Road Los Angeles, CA 90065 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC Subject: CYC Parking Lot Improvement (C-4132) Dear Mr. O'Hare: On August 11, 2009, the City Council of Newport Beach accepted the work for subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on October 26, 2009. The Surety for the contract is American Contractors Indemnity Company and the bond number is 1000809207. Enclosed is the Faithful Performance Bond. Sincerely, eilani I. Brown, MC SIC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.city.newport-beach.ca.us 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CYC PARKING LOT IMPROVEMENTS CONTRACT NO. 4132 BOND NO. 1000809207 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 3,157.00 being at the rate of $ thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to L.M.T. Enterprises, Inc., dba Tyner Paving Company, hereinafter designated as the "Principal", a contract for construction of CYC PARKING LOT IMPROVEMENTS, Contract No. 4132 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. 4132 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and American Contractors Indemnity 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 Seven thousand, Eight Hundred Thirty and 00/100 Dollars ($107,830.00) 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. *$30.00 Per Thousand for the First $100,000. and $20.00 Per Thousand thereafter. O 0 0 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 20th day of February , 2009. L.M.T. Enterprises, Inc., dba Tyner Paving Company (Principal) American Contractors Indemnity Company Name of Surety 9841 Airport Blvd., 9th Floor Los Angeles, CA 90045 Address of Surety (310) 957-3090 Telephone — OJU�� Authorized ignature/Title Authorized gent Signature B. Merrill—Attorney—In—Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED ACKNOWLEDGMENT ........................................................................1 State of California County of Los Angeles )ss. On February 20, 2009 before me, Priya Neilly Notary Public, personally appeared Gary B. Merrill who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the persorl or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. PRIMA NEILLY ' comm. #1767454 z Notary Public - Californla o Z _ Los Angeles County e c„ ,h Comm. Expires iep.13, 2071 (seal) ..........................................•.............................1 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 ICOO _ President/ Vice -President/ SecretaryI Treasurer Other: Attorney—In—Fact Other Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. ?008 Allstate Notarc Prepa,-ation. trr . /806 689-6456: " www.allstatenotary com 0 0 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COI IPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Gary B. Merrill or James F. Huff of Pasadena, California its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place. and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders `amendments, and consents of surety, providing the bond penalty does not exceed - *****TltreeMtilitn*'*** Dollars (S **3,000,000.00** J. This Power of Attorney shall expire without further action on March 18, 2011. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies:. Be it Resolved that the _President, any 'V ice -President; any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority mappoint any one or more suitable persons as Attorney(s)-in-Fact to represent and actforand on behalf of the Company subject to the following provisions: - Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, -==secognizances, contracts, agreements or indemnity and other conditional or obligatory:unelcrtakings and any and all notices and documents canceling or,terminating the =cCompany's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President =mrd sealed and effected by the Corporate Secretary. - Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificam relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attacked IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 15" day of July, 2008, AMERICAN CONTRACTORS INDEMNITY COMPANY - UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY ,.Corporate Seals e y so7t�.ry. era�r`m� SEAL gY � �By: -�*' sd r + s Daniel P. Aguilar, Vice President State of California - - -County of Los Angeles SS: -=fon this 15" day of July, 2008, before me, Deborah Reese; a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me - on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed ilte same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which t"n aeted, 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. Dt21 _ n - Camis,ico Bnon I 17i7YAY11 Signature �,�,:�llGt�` </tff2•-- - (Seat) -.-: µwowntnomie I - _ -- try Cn,vn. Ex'+re+7aor t e. tut i [ Jeannt-_l Uk Assistant Secretary of American Contractors Indemnity Company, United States Surety Company and U.S. Specialtg-- n - Srrapany, do --hereby certify that the above and foregoing is a true 1"orrect copy of a Power of Attorney, executed by said Companies, which s still in full force and effect; furthermore, the resolutions=ul`the-Boards of Directors, set out in the Power of Attorney are in full force and effect. n Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 20th day of February 2009 _ep-_* SUI�,.riy 5P T rF(TL SEAL � F cY y } ,D P`� Z�noc a 2A CALIFORNIA ALL-PURPOV ACKNOWLEDGMENT 0 County of l)� �°�— On �` R� l� ay before me, l ,✓S Date Name and T.le of Orioer (e.g., -Jane Doe, Nola Iic-) personally appeared CD ok, . c' personally known to me — OR — ❑ SARAM L RpGERS Commwwon • 1744159 as Notary t•ub*C - CaMtornla Los Angolwrf Cotol 1 conrn. FVxes me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Sig re otary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: 7MIVI.-MI kL Document Date: Number of •..- Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: L . ' z� ❑dividual Corporate Officer e Title(s): Partner — ❑ Limited Attorney -in -Fact Trustee ❑ General ❑ Guardian or ConservatorUMM NMI ❑ Other: Top of thumb here Signer Is Representing: Signer's Name: ❑ Individual Vi 11 El El Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER 01999 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 913097184 Prod. No. 5907 Reorder: call WI -Free 1.800.876.6827 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC October 26, 2009 Mr. Nicholas O'Hare Tyner Paving Company 2005 San Fernando Road Los Angeles, CA 90065 Subject: CYC Parking Lot Improvements (C-4132) Dear Mr. O'Hare: On August 11, 2009, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on September 28, 2009, Reference No. 2009000445010. The Surety for the contract is American Contractors Indemnity Company and the bond number is 1000809207. Enclosed is the Labor & Materials Payment Bond. Sincerely, 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 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CYC PARKING LOT IMPROVEMENTS CONTRACT NO. 4132 BOND NO. 1000809207 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to L.M.T. Enterprises, Inc., dba Tyner Paving Company, hereinafter designated as the "Principal," a contract for construction of CYC PARKING LOT IMPROVEMENTS, Contract No. 4132 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. 4132 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, American Contractors Indemnity 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 Seven thousand, Eight Hundred Thirty and 001100 Dollars ($107,830.00) 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. 26 0 • The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 20th day of February 2009. L.M.T. Enterprises, Inc., dba Tyner Paving Company (Principal) American Contractors Indemnity Company Name of Surety 9841 Airport Blvd., 9th Floor Los Angeles, CA 90045 Address of Surety (310) 957-3090 Telephone Lzz�� Authorized ignature/Title A tho ized gent Sign tur Gary B. Merrill -Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 ACKNOWLEDGMENT ........................................................................, State of California County of Los Angeles } ss. On February 20, 2009 before me, Priya Neilly Notary Public, personally appeared Gary B. Merrill who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. // � ��- Notary Pr bllc 'allfernia po seal) .......f..................................•.............................1 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: Attorney—In—Fact Other Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint Is available. 9' ki r'n - wwwa llslalen.. IaI V non. 9 0 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies'), do by these presents make, constitute and appoint: Gary B. Merrill or James F. Huff of Pasadena, California its true and lawful Attomey(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority - - hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings - 'or other instruments or contracts of suretyship to include riders; amendments, and consents of surety, providing the bond penalty does not exceed *****Three Million***** Dollars ($ This Power of Attorney shall expire without further action on March 58, 2011. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved that the President, any Vice -President, any Assistant Vice -President, any Secretaryor any Assistant Secretary shall be and is hereby vested with full power and authority toappoint any one or mors suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: - - - - Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the - Company's liability thereunder, and any such instruments no executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. - Be it Resolved, that the signature of any authorized officer and seat of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or underlakiggha which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 15`n day of July, 2008. AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Corporate Seals e �By. —z�� ''Lb b } Daniel P. Aguilar, Vice President " 003 State of California - County of Los Angeles SS: On this 15`s day of July, 2008, before me, Deborah Reese, a notarypuliJic, personally appeared Daniel P. Aguilar, VicePresidentof American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basisofsatisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed ft s aWe-iRbigjmtbjrfi d capacity, and that by his signature on the -instrument =the person(s) or. the entity upon behalf of which 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 '- DEBORA« HM g - _ _ Cmlislon y 1726211 [ A / / NOtory ihrcof Signature �,f:[!O?�✓`` r/llaGci---� Seal) Los angelw oe�� county bt{Cafn,. F�AreflFT ta,2oii I, Jeannie J. Kim, Assistant Secretary of American Contractors Indemnity Company, Unmid-:81tatoiNutety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true an"otTeet dopy f a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, thert;soip iomiWthe Boards of Directors, set out in the Power of Attorney are in full force and effect. _. In Witness Whereof, I have hereunto set my handand of i� the seaisgsaid Companies at Los Angeles, California this 206h -day rf February 2009 eQ* su�.�sveclgc�:AL € T `�ymr y }_- OD �_ — Jeannie J. Kim, Assistant Secretary CALIFORNIA ALL-PURP04PE ACKNOWLEDGMENT • County of ()Or—Is C — s 2 On ,4�j. Zino before me, Dal. Name and TOIe of Officer (e.g., -Jane Do fofary Public-) inI�)��►W U - Name(s) of Signers) personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), SARAH t. ppGERS or the entity upon behalf of which the person(s) acted, Commmion i 1717159 executed the instrument. N c PubliC - COMO "' €'~ los Angeles COUr" Comm bp" 70.2011 WITN officia eal. ' nN4Z.oJAotary Pudic OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Lo lrsp(- Q t \dl t c�D Fla o.X® \ � ' �X Document Date: , fie) a—O© °1 Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: C rk � r, L ❑I ividual orporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Signer's Name: J ■ Im Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER 0 1994 Na[ionai Notary Assooialion • 8236 Femmel Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1-8DO-8]64i82] a RECORDING REQUES�ID WHEN RECORDED RETURN City Clerk 2I119 AUG 25 API 91 12 City of Newport Beach CF h OF 3300 Newport BoulevardT L CITY CLERK Newport Beach, CA is"TPCV BECH Recorded in 01 Records, Orange County Tom Daly, Clerk- ecorder IIIiI'CIIIIIIIIIIIIIIIIIIICIIIIJiII!!!IIIIIIIIIIII!!IIIII'!IIIIIiIIIIIIPIO FEE 2 1 00900044501012:49pm 08118/09 100 286 000 0.00 0.00 0.00 0.00 0.00 0.00 OM Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and L.M.T. Enterprises, Inc. dba Tyner Paving Company, of Los Angeles, California, as Contractor, entered into a Contract on March 10, 2009. Said Contract set forth certain improvements, as follows: CYC Parking Lot Improvements (C-4132) Work on said Contract was completed, and was found to be acceptable on August 11. 2009, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is American Contractors Indemnity Company. Director rt Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on u'�V ,yU� 1 at Newport Beach, California. M CONSTRUCTION FUNDS STOP 40TICE CALIFORNIA CIVIL C (§g 1�®03, 3181- 3187 - ------------------- `�`- NOTICE TO FOR TH CITY OF NEWPORT BEACH^^'FS . To; 1Q19 SEP 24 "Qk��21�161LITATION" y 3300 NEWPORT BLVD 3000 5TH AVE l ity flan iyc'r NEWPORT BEACH CA 92653 (/try Oak . CLAIMANT COMPANY JVANDERGEESTLANDSCAPE 3529 OLD CONEJO RD #121 NEWBURY PARK CA 91320-2155 ��iVON�PORT BEACH CA_ City Attorney THE CITY ,ACING LOT) File, , / Cqy CF'' ',"";M BEACH �V has furnished, or agreed to furnish, the following labor, services, equipment or materials: VARIOUS PLANTS AND PLANT MATERIALS and these materials were requested by and furnished to or for the following person(s) or company. JVANDERGEESTLANDSCAPE THE PRIME CONTRACTOR 3529 OLD CONEJO RD #121 TYNER PAVING NEWBURY PARK CA 91320-2155 Total value of the entire amount of labor and materials agreed to be furnished - - - - - 4,295.84 Value furnished to date 4,295.84 Refunds or credits given _____ 0.00 Payments received by Claimant to date ------------------------------- 0.00 Total amount due Claimant after all credits and offsets - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 4,295.84 YOU ARE HEREBY NOTIFIED to withhold sufficient funds to satisfy claimant's demand in the amount of $ 4,295.84 , and in addition to due amount, sufficient funds to cover interest, court costs and reasonable litigation costs, to the extent provided by law. COMPANY: BY: V E R I F I C A T I O N I, the undersigned say: I am the SR. CREDIT ANALYST of the claimant ['Owner of, 'President of, 'Agent of, ETC ] named in the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 09123/2009 ORANGE CA [Date] n [City/State] By: REQUEST FOR NOTICE OF ELECTION (Private Works Only) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, PLEASE SEND NOTICE of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161, 3162. Signed: [Claimant must enclose self-addressed stamped envelope Forms by Caprenos Inc. ] nurseriesul� P.O. BOX 5465, ORANGE, CA 92863-5465 RECEIVED 1589 NORTH MAIN STREET, ORANGE, CA 92867 714279-3100 • FAX: 714-279-3130 1117 OCT 22 ID 56 RELEASE OF STOP NOTJRFF To: CITY OF NEWPORT BEACH 3300 NEWPORT BLVD NEWPORT BEACH CA 92653 RE: JVANDERGEESTLANDSCAPE 3529 OLD CONEJO RD #121 NEWBURY PARK CA 91320-2155 T; CITY CLE CITY F ', �,' RT BE4CN Date to as oq Copes Sent To: City Attomey ✓ File You are hereby notified that the undersigned claimant releases that certain Stop Notice dated in the amount of $4,295.84 against CITY OF NEWPORT BEACH as owner or public entity and against TYNER PAVING CO as prime contractor in connection with the work of improvement known as "CYC REHABILITATION" 3000 5TH AVE NEWPORT BEACH CA (PARKING LOT) Date: Name of Claimant: October 7, 2009 VILILAGE NURSERIES [Signature] SR. CREDIT ANALYST October 7, 2009 [Official Capacity] V E R I F I C A T I O N I, the undersigned, state: I am the SR. CREDIT ANALYST of the claimant named in the foregoing Release: I have read said release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on October 7, 200j9 at ORANGE, CALIFORNIA Mn Forms by Caprenos Inc. [ Signature of claimant J DIANE LUKINS, SR. CREDIT ANALYST RELEASE OF STOP NOTICE TO: CITY OF NEWPORT BEACH 3300 NEWPORT BLVD NEWPORT BEACH You are hereby notified that the undersigned claimant releases that certain Stop Notice dated 09/04/09 in the amount of 6,706.48 against CITY OF NEWPORT BEACH as owner or public body and TYNER PACING CO as prime contractor in connection with the work of improvement known as 801 IRIS AVENUE/5TH ('j�/('iPd.'rw ✓ in the City of NEWPORT BEACH County of ORANGE State of California. Date 10/15/09 Name of Claimant Robertson's By Authorized Agent AM VERIFICATION I, the undersigned, state: I am the Agent of the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 10/15/09 , at Corona, California. (Signatuie of"Claimant"or AutiW ized Agent 0 STOP NOTICE 9 g0IL1110wo5l California Civil Code Section 3103 ) RECENE D NOTICE TO CITY OF NEWPORT BEACH 3300 NEWPORT BLVD NEWPORT BEACH 20 If -9 PH It 56 (If Private Job -file with responsible officer or person at office or branch of construction lender administering the construction or"4 or with the owner -CIVIL CODE SECTIONS 3156-3175) �i (IF Public Job -file with office of controller, auditor, or((���U"e disbursing officer whose duty it is to make payments und�Y'Prodisions of the contract -CIVIL CODE SECTIONS 3179-3214) Prime Contractor: TYNER PACING CO Sub Contractor (If Any):TYNER PAVING Owner or Public Body: CITY OF NEWPORT BEACH Improvement known as 801 IRIS AVENUE/5TH PaW County of RIVERSIDE v/ State of California. Robertson's, Claimant, a Partnership, furnished certain labor service, equipment or materials used in the above described work of improvement. The name of the person or company to whom claimant furnished service, equipment, or materials is TYNER PAVING The kind of materials furnished or agreed to be furnished by claimant was ready mix concrete, rock and/or sand materials. Total value of labor,service,material to be furnished ...... $ 6,706.48 Total value of labor,service,materials actually furnished..$ 6,706.48 Credit for materials returned, if any ......................$ 0.00 Amount paid on account, if any .. ..........................$ 0.00 Amount due after deducting all just credits and offsets .... $ 6,706.48 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of $ 6,706.48 and in addition thereto sums sufficient to cover interest court costs and reasonable costs of litigation, as provided by law. A bond (CIVIL CODE SECTION 3083) is not attached.(Bond required with Stop Notice served on construction lenders on private jobs -bond not required on public jobs or on Stop Notice served on owner on private jobs) Date 94W 09/04/09 Name and address of Claimant ROBERTSON'S �. P.O. Box 3600 Copies Sent To: Corona, Ca. 92878 CityCounol) 951-685-2200 City Manages' —T City Attorney By -File Authorized Agent kP ��. VERIFICATION Fq, the undersigned, state: I am the agent of the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 09/04/09 at Corona, State of CAlifornia. Signature of claimant/Agent 0 • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 7 August 11, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Fong Tse 949-644-3321 or ftse@newportbeachca.gov SUBJECT: COMMUNITY YOUTH CENTER PARKING LOT IMPROVEMENTS — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4132 RECOMMENDATIONS: 1. Accept the completed work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On March 10, 2009, the City Council awarded the CYC Parking Lot Improvements Project to Tyner Paving Company. The completed work included: • parking lot pavement extension to accommodate a circular drive aisle; • new diagonal parking configuration; • improved surface drainage; • new ADA compliant curb access ramps; • new landscaping; and • new striping. Shortly after construction started, staff was made aware by the adjacent homeowners of their desire to retain as many of the existing trees as possible. A compromise design was subsequently developed to retain three of the five trees originally proposed for removal and at the same time provide the space needed for the parking lot extension. The plan revisions and the cost saving measures implemented by staff during the course of construction resulted in a $17,077 change order as detailed on the following chart. CYC Parking Lot Improvements - Completiot I Acceptance of Contract No. 4132 August 11, 2009 Page 2 ('`"� Description Amount 1 onal surveydue to Ian than es $1,808.00 eduled tree removal iExtra $ 701.00 onal landsca in 7-1 ation $2,493.00 deep concrete curbs $ 565.00 Extra mobilization for concrete crew $3,102.00 Excess earth removal and disposal $9,684.00 Hydroseeding $4,170.00 U size drain inlet $2,843.00 Red curbing $ 575.00 Credit — Sloeradin -$2,674.00 Credit — Reduced AC pavement thickness -$3,190.00 Credit — Delete as -built plans -$3,000.00 Total Project Changes $17,077.00 The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $107,830.00 Actual amount of bid items constructed: $104,526.92 Total amount of change order: $ 17,077.00 Final contract cost: $121,603.92 The final overall construction cost including the extra work and credits was $13,773.92, or thirteen percent (13%) over the original bid amount. The following is a summary of the project schedule per the Fiscal Year 2008-2009 Master Project Schedule. Schedule Summary Estimated completion date per June 2008 Schedule: June 19, 2009 Project award for construction: March 10, 2009 Estimated completion date at Award: June 22, 2009 Actual construction completion date: June 11, 2009 Environmental Review: The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This exemption covers the repair, maintenance and minor alteration of existing public facilities with negligible expansion. • CYC Parking Lot Improvements - Compleand Acceptance of Contract No. 4132 August 11, 2009 Page 3 Funding Availabilitv: In addition to the primary construction contract, this project involved other project expenses. Total project expenses are summarized as follows: Construction $121,603.92 Materials Testing $ 1,895.00 Trees planted at the request of adjacent homeowners $ 2,100.00 Printing and Incidentals $ 187.29 Total Project Cost: $125,786.21 Funds for the construction project were expended from the following account: Account Description CYC Rehabilitation - General Fund Prepared Civil Engineer Account Number 7011-C412086 Submitted by: Amount $121,603.92 ;n G. Badum Works Director 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC August 12, 2009 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notices of Completion for the following project: Community Youth Center Rehabilitation (C-3959) Community Youth Center Parking Lot Improvements (C-4132) Please record the enclosed document and return it to the City Clerk's office. Thank you. Sincerely, vY pklu X . Leilani I. Brown,pwl-� City Clerk Enclosures 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.city.newport-beach.ca.us 0 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and L.M.T. Enterprises, Inc. dba Tyner Paving Company, of Los Angeles, California, as Contractor, entered into a Contract on March 10, 2009. Said Contract set forth certain improvements, as follows: CYC Parking Lot Improvements (C-4132) Work on said Contract was completed, and was found to be acceptable on August 11, 2009, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is American Contractors Indemnity Company. Irks Director ewport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge.q Executed on uwV , V ! at Newport Beach, California. M-1 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 7 August 11, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Fong Tse 949 - 644 -3321 or ftse @newportbeachca.gov SUBJECT: COMMUNITY YOUTH CENTER PARKING LOT IMPROVEMENTS — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4132 RECOMMENDATIONS: 1. Accept the completed work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On March 10, 2009, the City Council awarded the CYC Parking Lot Improvements Project to Tyner Paving Company. The completed work included: • parking lot pavement extension to accommodate a circular drive aisle; • new diagonal parking configuration; • improved surface drainage; • new ADA compliant curb access ramps; • new landscaping; and • new striping. Shortly after construction started, staff was made aware by the adjacent homeowners of their desire to retain as many of the existing trees as possible. A compromise design was subsequently developed to retain three of the five trees originally proposed for removal and at the same time provide the space needed for the parking lot extension. The plan revisions and the cost saving measures implemented by staff during the course of construction resulted in a $17,077 change order as detailed on the following chart. CYC Parking Lot Improvements - Completion and Acceptance of Contract No. 4132 August 11, 2009 Page 2 Change Order Description Amount 1 Additional survey due to plan changes $1,808.00 Unscheduled tree removal $ 701.00 Additional landscaping irrigation $2,493.00 Extra deep concrete curbs $ 565.00 Extra mobilization for concrete crew $3,102.00 Excess earth removal and disposal $9,684.00 H droseedin $4,170.00 U size drain inlet $2,843.00 Red curbing $ 575.00 Credit — Sloe grading - $2,674.00 Credit — Reduced AC pavement thickness - $3,190.00 Credit — Delete as -built plans - $3,000.00 Total Project Changes $17,077.00 The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $107,830.00 Actual amount of bid items constructed: $104,526.92 Total amount of change order: $ 17,077.00 Final contract cost: $121,603.92 The final overall construction cost including the extra work and credits was $13,773.92, or thirteen percent (13 %) over the original bid amount. The following is a summary of the project schedule per the Fiscal Year 2008 -2009 Master Project Schedule. Schedule Summary Estimated completion date per June 2008 Schedule: June 19, 2009 Project award for construction: March 10, 2009 Estimated completion date at Award: June 22, 2009 Actual construction completion date: June 11, 2009 Environmental Review: The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This exemption covers the repair, maintenance and minor alteration of existing public facilities with negligible expansion. CYC Parking Lot Improvements - Completion and Acceptance of Contract No. 4132 August 11, 2009 Page 3 Fundinq Availability: In addition to the primary construction contract, this project involved other project expenses. Total project expenses are summarized as follows: Construction $121,603.92 Materials Testing $ 1,895.00 Trees planted at the request of adjacent homeowners $ 2,100.00 Printing and Incidentals $ 187.29 Total Project Cost: $125,786.21 Funds for the construction project were expended from the following account: Account Description CYC Rehabilitation - General Fund Prepared Account Number 7011- C412086 Submitted by: Amount $121,603.92 Fuhg a ./Step n G. Badum Prin al Civil Engineer P96lic Works Director • 0 CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 10:OOAM on the 12th day of February, 2009, at which time such bids shall be opened and read for CYC PARKING LOT IMPROVEMENTS Title of Project Contract No. 4132 $110,000 Engineer's Estimate 0 i1 /Stepf'ien G. Badum Public Works Director Contract documents, Plans, and Special Provisions may be obtained at Public Works Department for $15. Contractor License Classification(s) required for this project. "A" For further information, call Fong Tse, Proiect Manager at (949) 644 -3321 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.citV.newport-beach.ca.us CLICK: e- onlineservices /e- bidPublicWorks CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COMMUNITY PARKING LOT IMPROVEMENTS CONTRACT NO. 4132 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ........................................................ .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PRA SPECIAL PROVISIONS .......... .................................................................................. SP -1 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COMMUNITY PARKING LOT IMPROVEMENTS CONTRACT NO. 4132 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS 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 prevairover 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 0 i securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 0 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. 12-71IOE A- 0,-lZ Contractor's License No. & Classification Authorized ' nature/Title QZ- IZ-Oq Date 02/11/2009 14:09 FAX . 19002 Bid Bond No. 212553 -142 CITY OF NEWPORT BEACH PUBUC WORKS DEPARTMENT CYC PARKING LOT IMPROVEMENTS CONTRACT NO. 4132 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter City, in the principal sum of Not to exceed, Thirteen Thousand Two Hundred Dollars ($ 13.200.00 ), to be paid and forfeited to the City of 'Newport Beach if the bid proposal of the undersigned Principal for the construction of CYC PARKING LOT IMPROVEMENTS, Contract No. 4132 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 falls• to execute the Contract Documents in the forms) 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 11th dayof February 2009, LMT Enterprises, Inc. DBA: Tyner Paving Company Name of Contractor (Principal) Author Signature/Title � ' American Contractors Indemnity Co. Name of Surety 9841 Airport Blvd., 9th Floor' Los Angeles, CA 90045 Address of Surety — tided Agent Signature James F. Huff - Attorney -In -Fact Print Name and Title — - (310) 957 -3090 Telephone (Notary a4knowledgment of Principal & Surety must be attached) Best's Rating Center - Com0y Information for American Contras Indemnit... Page 1 of 1 Rating Center 1 I View Ratings: Financial Strength Issuer Credit securities Advanced Search Industry Research Ratings Definitions k American Contractors Indemnity Company Search Bests Ratings Press Releases Related Products ik Industry a Regional Country Risk Structured Finance How to Get Rated Contact an Anailyst.._.._ Ix manVan tit.. insu,erce Gmutr) AMBna Y'f1a1. MNc. I.N. etelel Bi Or.cle1 Address: 9841 Airport Boulevard, 9th Poor Los Angeles. CA 90045 Best's Ratings Financial strength Ratings View Definitions Rating A (Excellent) Financial Size Category. VII {350 What to $100 Million) Outlook. stable Action' Effective Date. July 38, 2008 Phone: 310 649.0990 Fax: 310- 699 -1061 Web:. hccsurely cone glrer wee Ceders' selei Issuer Credit Ratings View Definitions Long -Tts. a Outlook: stable Action Affirmed Date: July 38, 2808 x Denotes Under Review Ratings. See rating definitions. Reports and News Visit our NewsROom for Lee latest news and press releases for this company and no A.M. Best Group [Ar r�,.'+—i AMB Credil Report - Insurance Professional (Unabridged) (formerly known as Best's Company Report) - includes Best's Fin: rationale along wish comprehensive analytical commentary, datedeci busmass Overview and key financial data. > Report Revision Date: 0713012008 (represents the latest significant change). Hislonoel Reports are available in AMB Credit Report - Insurance Professional (Unabridged) Archwe. Best's Executive summary Reports {Financial Overvlow)- available in three versions. these presenlatlOn style r%00$ feature balance s .� key financial performance tests including profitability, liquidity am reserve analysis Data Status: 2008 Bears Statement Fne PIC, US Contains data compiled as of 1/2612009 (Quality Cross Checked) k Single Company - five years of tinanoal data specifically on this company, a Comparison - ode Ay.side financial analysis of this company with a peer group of up to live ether companies you select It Composite evaluate this company's financials against a peer group composite Report displays both the average and total composite group. AMB Credit Report - Business Professional � promdes three years of key financial data Presented with colorful chins and tables. Each ra latest Best's Ratings. Rating Rationale and an excerpt from our Business Review commentary. Is. Data Status: Contains data compiled as of 1126/1009 (Quality Cross Checked). 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Olinvick. New Jersey. 08858. U.5 A http://www3.ambest.com/ratings/Fu11Profile.asp?BI=O&AMBNum=1 1019 &A I t S rc... 02/13/2009 f 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .:.✓: r•: T..: �ti<. s�Y. c?<,.:>.: v.,,,,; �i�:{,- .;x „�.:,:>sa >..�.<Ci>,.Ttsis�a >,. c. cA1v. v.:. 1i�TS><, nvl ..�..c.:�:�vasc�.�:"�C.,rc�,i 7.'..7 State of California 1 County of Los Angeles Ji On February 11, 200%eforeme, Priya Neilly, Notary Public Dale Hare Insert Name and Tele of Me MW personally appeared .lames F. Huff Nam(s) of SigFer(a) e PRIMA NEILLY COMM. 41767484 z i. Natary Publlc- California o Los Angeles County 1. Comm. Expires Sep. 13, 2011 P Place NDIM Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(iss), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of C ma t the foregoing paragraph is true and Corr , WITNESS my OPTIONAL Though the information below is not required by law, it may prove valuable to pIrrsons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other-Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): _ ❑ Partner —❑ Limited ❑ General EX Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other:_ Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Number of Pages: Signer's Name: ❑ Individual Cl Corporate Officer — Title(s): • Partner —❑ Limited ❑ General • Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: 4 .RIGHTTHUMBPRINT OF SIGNER 0 JOWEROFAI-TORNEY =3k RICAN CONTRACTORS INDEMiNITY Cd*fta =."I *W STAT �VRETYCOMPANY U.S. SPECIALTY INSURAIfE�C ULN A N- Y THESE PRESEN 1�"ri@jicdkQMftqj�oitWemnity C�o -CA1 a ny, a mi cor W ALL MEN 11 TS: mpa ifo porati&OQhWStaf Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Compam -do. make, constitute and.appoint: by lose* _nary B. kieprkll or James F. Ruff or Pasa .2 Ina i� M_ its true and lawful Attorney(s)-in-fact, each in their. separate capacity if more than one is named above, with full power and. authority andsteadW 'ec*, ackrichyledgezand deliver ---ddnlw A�hereby conferred in its name, place any and all bonds, recognizance ll- I-& W— other instruments.air contracts of suret�W tiAitcQe4d --im --b" _h J ers;'�su endments�, and' of surety, provQiF%n, Penalty does not exceed DoHarg ($ **3 I[Iiis Power of Attorney shall expire without further anion on Ma__rth 179, 2011. This Power. of Attorney is granteC and authority of thiefollowintresolutions adopted by the Boards of Directors of the Companies-..- Be it ResoW 0* themtef"int-7ainy V resident, any Assistant Vice-President, any Secretary qr:m� sll*zbi, and is hereby vested wuh,full power and vithon--W§ suitable persons as Attorney($) a- -in-Fact to represent t4*:jbrJ subject to the following 7 provisions: Afformy-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to eaectao, acknowledge and deliver, any and all bor4 mrewgnizmces, contracts, agreements or indemnity and othenemaditional orotiligawry undertakings and any and all notices -and documents canceling er3ermntating a gitumpany's liability thereunder, and any bj_- -sciih jlt�y-in-Fact shall be binding upon the Company as -if by-Atethi, -Any scaled and effected by the Corporate Secretary. 'fff Z--f f-If -f- mf- _tk- mpa cmfo -file it Resolved that the signature of my authorized officer tlu:=Coi TiThw! morhemaftffaffixcdwanypowero:faumeyormy-eruficaoukielatiw thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile sea] shall be valid and binding upon the Company with respect to any bond or unulcmakingm whiehfit-is stucko,. IN WITNi-W-WIMEREOF �The Arriarnes have caused this instrument to be si Ir. " rp" k at --to be te.4—ea_ hereto a*eo, this I h day 0 _70 5 2668. 914 4q"RICAN CONTRACTORS INDEMNITY COWANV,.UIT%#ATATES$k)RLrTYCompA.NY,US.SPF)CIALTYINSUELitYfSggA Nwy-: : , ---County of Los Angeles SS: art fft_ -ft! fz:� tfnt this 15" day of July, 2008, before me, Dd&3r& —_ - Z _g mbl-c, personally appeared Daniel P. Aguilar, We Americn Contractors Indemnity Company, Unite Q States sure Company and U.S. Specialty Insurance Companywho proven to me on the basis-of satisfactDryevidence--to be the person whose name is subscribed to ft3oithin instrument and acknowledged tome that he executedf& saline "isiiuthki= capacity, and that by his signature on the H-46211 (0 lathe entity ,upon behalf of which th aded, I certify under PENALTY OF PERJURY under, the laws of the State of California that the foregoing paragraph is true and correct. :10WITNESS my hand and official seal.. A 52aill. -nature — 1, Jeanniigp�-X-iinijWsistaht SestrSnry of Amen6an- Contractors Indemnity C4p ---bitaid Mates[- tirety Compaity and U.S. SpecrahjFln A6 Iiii-eby certif !0y f a Power pf Attorney., y that the above and' foregoing Waf -Va -andikorfect q -b a executed bY=Wd C6mparhds, whiclfas still in fall force and effect furthermore, "ofiiioriii"eii" of Direct6rs, slettut in, the Power of Attorney are in full force and effect. rT Los 9h February 12009' -JA Witness Whereof, I have hereuntli set my t e# C famiaAWRTE --- Said Companies at s Angeles, Corporate!86W T Bond No. Im AL 0 _AgencyNo. _ft Jea-filile J-.xKirti;7Assisf2f-nt-Secretary • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CYC PARKING LOT IMPROVEMENTS CONTRACT NO. 4132 DESIGNATION OF SUBCONTRACTOtt(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 Number Description of Work %of Total Bid Name: L SA C 13 "20 1R,R16PMON & [ANDStyt G 23 Address: 3521 OI,D (0000 POW On i-7 f8[ Newgml W'RRK eg q13 10 Phone: g c- qqg -gZ21 State License Number.. qw i —1 �g Name: G2Eo� 1PRiLl IW6 Ntp4(0 (7r led 114 ST14 p Address: 2206 KP-T(4 vm mbb OH t P LAbb CA 9 l J Fq . Phone,,( State License Number: Z S 8103 Name: -E COOIF'CSTONt` MOM 3 stf>zt[c�{IN6 ^r 2,! DID Address: IctgS SPIZUCE 9T QIM 14 P_kVG SMc- CA 9-ISO-7 Phone: q91 34 7- 003 6 State License Number: LL(00 2 TVn) o . Bidder Au on d Signature/Title ° CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CYC PARKING LOT IMPROVEMENTS CONTRACT NO. 4132 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this fortnil! Please print or type. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number :fYMtDEC �J IMIR Project Description W oal bi uk- U .1 e 6 S ,= Approximate Construction Dates: From�X To: 0/ 15 () Agency Name l:Ut y UT 1n_ -*,yDM ( Contact Person Telephone `t lJ1 l �i v5'3.0 Original Contract Amount $I Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against yQu /Contractor? If yes, briefly explain and indicate outcome of claims. No. 2 Project Name(Number 5vlevf Project Description tJo�j%l Approximate Construction Dates: From Agency Name 1111 •• II '' Contact Person j� & W 1 W \ l Original Contract To: 091011 D"l Telephone9q /bU —t 44 Contract Amount $61 -7 Z , ' 1_ 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 you1Cogtr-4Skor7 If yes, briefly explain and indicate outcome of claims. No. 3 V, Project Name /Number. 'I1 Project Description Approximate Construction Dates: From To: Q (/y� )o-7 Agency Name l:()Uw- ylt��(NII O� �yaj j 1} 0-1D t Contact Person V��L JJ ( VUtAg� Telephone Original Contract Am�ouun Final Contract Amount $ 1013 AIL) If final amgr)t�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 yp uSCqntractor? If yes, briefly explain and indicate outcome of claims. fa No. 4 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person G"n'/ g N lei Telephone Original Contract Amount $ Final Contract Amount $.01-7 ! lego V If final amount is please orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Corttggor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name /Number Project Description 011=111. MEMO,, Original Contract Amount If final amount is Contract Amount $ lain extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 6 Project Name /1 Project Descril Approximate C Agency Name 0 Contact Person 5L �{ I 2 Telephone i /0 Original Contract Amot�n $ - Final Contract Amount S If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. L lmoO �taj) Wl � � D Bidder Authorize signature/Title DUO &.;t, �- ��s�t ��� jV&,z jtj�& 10 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CYC PARKING LOT IMPROVEMENTS CONTRACT NO. 4132 NON - COLLUSION AFFIDAVIT State of California ) County of L45 AVJ ) ss. being first du n, depose and says that he or she is of/J,ir�, the parry making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to, fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. " t � ( J J f1 rT , Jt4-� Bidder Authorized VignaturetTitle ._ Subscribed and sworn to (or affirmed) before me on this day of _ by personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. [SEAL] CNotary Public 11 My Commission Expires: 99 i i CALIFORNIA JURAT WITH AFFIANT STATEMENT ❑ See Attached Document (Notary to cross out lines 1-6 below) F� See Statement Below (Lines 1-5 to be completed only by document signer[s], not Notary) Sig Me of Document Signer No. 1 State of California County of Los Angeles ANA 8. GARCIA Commiaslon S 1783783 L • Notary PUM - Cofifarrlla San Diego County Comm. Ye„An29,20II Place Notary Seal Above Signature of Document Signer No. 2 (a arty) Subscribed and sworn to (or affirmed) before me on this 12 day of February 200, by Date Month Year (1) Craig L. Thomas Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (.),W (and Name M Signer proved to me on th4lIjbasis of satisfacto evidence j to be the persoyY (appeared before ' WIT17MVIIIIII� /All ", L�.L�1V11 OPTIONAL — Though the information below is not required by few, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Tithe or Type of Document Non- Collusion Affidavit Document Date: February 12, 200 %umber of Pages: 1 Signers) Other Than Named Above: RIGHT THUh16PRINT RIGHT THUMBPRINT OF SIGNER 4Y OF SIGNER 82 Top of thumb here Top of thumb here ��'a..'v '.� ✓,Cm .y '+rGV •• ✓5'm4'ei 'ei ✓5�.- r - ✓.'d v -yi-• ✓iav -✓,�.• -d.'sv b6V:'y 'ei y:V ' ✓.�6��"�S'• CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CYC PARKING LOT IMPROVEMENTS CONTRACT NO: 4132 DESIGNATION OF SURETIES Bidders Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): IS 1 i 1�,� 1 �HI� %,�tIIF �� ��.iR ► �r 3►D -ON b 0 12 i r CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CYC PARKING LOT IMPROVEMENTS CONTRACT NO, 4132 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name ` IMLOE OWIklk-A A{� 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. M Current Record Record Record Record Record Year of for for for for for Record 2008 2007 2006 2005 2004 Total 2009 No. of contracts QQ f 'Z `'1 IN 21(� 1 � l I(6' . t ' 74 Total dollar Amount of Contracts (in Q/ �y 0 1 �7i r� -71'` � V � Q(��, v +'" Thousands of $ D b No. of fatalities No. of lost Workday Cases �- No. of lost workday cases involving permanent transfer to f�✓" �y �/ `� another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational injuries and illnesses, OSHA No. 102. M Legal Business Name of Bidder 05 j(, �tlt�6 Business Address: JJ, -4Aii - L "- Business Tel. No.: ZA - fOfn< t ' State Contractor's License No. and Classification: td,6 jqS A:- c iz. Title C. kA-)r:►2A4, t �Lr Ai13> f7.1 The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of ail 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 partnershipljoint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners/joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the Instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 • • CALIFORNIA JURAT WITH AFFIANT STATEMENT ❑ See Attached Document (Notary to cross out lines 1 -6 below) :l See Statement Below (Lines 1 -5 to be completed only by document signer[s], not Notary) Si ature of Document Signer No. 1 State of California County of Los Angeles ANA 9. GARCIA Commission # 1753783 i Notary Public - California Son Diego County Cpnm, "29,2011 Signature of Document Signer No. 2 tit any) Subscribed and sworn to (or affirmed) before me on this 12 day of February 20 09 by Dale Month Year (1) Craig L. Thomas Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (and Name of Signer proved to me on the basis of satisfactory evidence to be the person Whoppeared before meAA Signature Signature of Notary Public Place Notary Seel Above I V 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. Top of thumb here Top of thumb here Further Description of Any Attached Document Title or Type of Document: Signature Page Bid Document Date: February 12 r 2009 Numberot Pages: Signer(s) Other Than Named Above: ✓SL. ".v:'d 'v 1i5 'v:G!?:'vi-y:'v�-✓:'✓i-.v5�✓. "✓ ' ei4'✓ iei 'Lf't16�. "✓i✓idi-.vSC'✓�:'ei 'a:' ✓'Lr v5�.�✓,G�:L.��:� % rl ,r ••1 .1 'r 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CYC PARKING LOT IMPROVEMENTS CONTRACT NO. 4132 ACKNOWLEDGEMENT OF ADDENDA Bidders name l we, The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: is CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CYC PARKING LOT IMPROVEMENTS CONTRACT NO. 4132 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: Tni ao 'ebb Kys �P � Business Telephone and Fax Number. California State Contractor's License No. and Class: A— C-12- (REQUIRED AT TIME OF AWARD) Original Date Issued:- G�3Expiration Date: o'; ��J�- ocl List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone t6j be-, C* Corporation organized under the laws of the State of CAV► r 6V A 16 The 'dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide etthe /names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and.defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. Have you, ever failed'to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labpr.,compli ance ji.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes 1 o Are any claims or actions unresolved or outstanding? Yes 17 If yes to any of the above, explain, (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non- responsive. -tYPjee Rkjo b- Bidder PP.AA6L,� (Print name of Owner or President of Corporation /Company) @--,.fl=-- - Pia' Authotged SignatureMtle Title Date Subscribed and sworn to (or affirmed) before me on this day of by personally known to me or proved to me on the basis of satisfactory evidence to be the-person(s) who appeared before me. [SEAL] 18 Notary Public My Commission Expires: 2009 CALIFORNIA JURAT WITH AFFIANT STATEMENT ❑ See Attached Document (Notary to cross out lines 1 -6 below) (j See Statement Below (Lines 1 -5 to be completed only by document signer[s], not Notary) Is or of Document igner a. State of California County of Los Angeles ANA B. 6ARCIA Commtaslon * 1763789 IL ti Notary Public - Colifornla Son Diego County Com��i tes.Ma+29,2011 Signature of Document Signer No. 2 tit any) Subscribed and sworn to (or affinned) before me on this 12 day of February 2009 by Date Month Year (1) Craig L. Thomas Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) (and (2) Name of Signer proved to me on the basis of satisfactory evidence to be the pers o o appeared befor J �a..)� Signature Wv Signature of Notary M1c Place Notary Seal Abova OPTIOA141 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. r „ „1 rn mn Hera mn of rni imn Here Further Description of Any Attached Document Tale or Type of Document: Signature Page 18 Document Date: February 12, 200?Number of Pages: 1 Signer(s) Other Than Named Abme: 02007 National l Notary A ftnian- 9350 De Solo AVM., P.O.6 2902• Chatswo0, CA 91313-2902• w.wr.NaUonalhltmyorg IMm 45910 Reonfar.Call RM- Freel- 800- 8761827 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CYC PARKING LOT IMPROVEMENTS CONTRACT NO. 4132 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. IM • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CYC PARKING LOT IMPROVMENTS CONTRACT NO. 4132 CONTRACT THIS AGREEMENT, entered into this J# day of,,7�, 2009, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and L.M.T. Enterprises, Inc., dba Tyner Paving Company, a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: CYC PARKING LOT IMPROVEMENTS The work necessary for the completion of this contract consists of parking lot removals and grading; import unclassified fill; construct AC pavement, new curbs, gutters, and access ramps; install signage and striping; install drainage provisions; install landscaping and irrigation; plant establishment and maintenance; and other improvements shown on the Contract Plans and in the Specifications. 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 Bidder, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4132, 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 20 activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 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 Seven Thousand, Eight Hundred Thirty and 001100 Dollars ($107,830.00). 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 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: Fong Tse (949) 644 -3321 CONTRACTOR L.M.T. Enterprises, Inc. dba Tyner Paving Company 2005 San Fernando Road Los Angeles, CA 90065 323 - 225 -8014 323- 225 -0161 Fax F. INSURANCE Without limiting Contractor's indemnification of City, and rip or to commencement of work. Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. 1. 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. 21 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. 1 Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 4. Coverage Requirements. a. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. b. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. c. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. 5. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 22 0 0 6. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. ii. Contractor's insurance coverage shall be primary insurance 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. 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. 23 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 determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. 8. Right to Stop Work for Non - Compliance City shall have the right to direct the Contractor to stop work under this Agreement and /or withhold any payment(s), which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. G. RESPONSIBILITY FOR DAMAGES OR INJURY City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Contractor, or its subcontractors, or its workers, or anyone employed by it. 2. Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's work on the Project, or the work of any subcontractor or supplier selected by the Contractor. 3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Contractor shall not be required to indemnify City from the active negligence or willful misconduct of City, its officers or employees. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in G.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. H. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the 24 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: CITY OF ORT BE CH A Muni I- ororat\ n I) CITY CLERK E cq�� o P APPROVED AS TO FORM: CONTRACTOR By: yneu� a p (C porate Officer) Assistant City Attor ey Title: ?)a Le) Print Name: L-'�,J`tt%I✓�� By: (Financial Officer) Title: khsvym Print Name:V46�- &I Please note: Corporations must complete and sign both places above even if each office is held by the same individual 25 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of.Qtisr� County of k_QA S .b Q_o On ZL before me, Date Name and Title of Officer (e.g., "Jane Do Ootary Public") Ypersonally onally appeared c - 0 , mNae(s) of Signer(s) known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), SARAH L. ROGERS or the entity upon behalf of which the person(s) acted, Commbalon N 1743159 executed the instrument. Notary PuDUc - Collfomlo Loa Angeles County CW 2M1 WITN M h d official seal. Signat a of Nota 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: L� L 2 CV_ t k- `~1Iv,)rDVe- Govy�y-c, C 1-4(3 - Document Date: _ 1 Number of Pages: 0 Y3 � Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: -C ❑ 1 dividual Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ Attorney -in -Fact ❑ Trustee ❑ General ❑ Guardian or ConservatorM. ❑ Other: Top of thumb here Signer Is Representing: _y Signer's Name: LN a Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER of thumb her 0 1994 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of � P_X, On QL 2-Akc1 before me,t-c D to % / Name and Title of Officer (e.g., 'c ne Doe, Notary Public") personally appeared -rl*,->v\-a Name(s) of Signer(s) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), SARAN 1. ROGERS or the entity upon behalf of which the person(s) acted, Commission #t 1743159 executed the instrument. -w Notary Public - California Los Angeles County Calan 3l�ZOtt WITNESS my hand and official seal. T_f�w Signature of,9Public 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: C is Document Date: �_- �. `c� cx�°� Number of Pages: f' Signer(s) Other Than Named Above: L,Y L . ij 1/ oNN\Q), S Capacity(ies) Claimed by Signer(s) Signer's Name: & o _ UTA- ire ❑ Pdividual Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER Go Signer's Name: 701 i Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER of thumb her © 1994 National Notary Association - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CYC PARKING LOT IMPROVEMENTS CONTRACT NO. 4132 BOND NO. 1000809207 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to L.M.T. Enterprises, Inc., dba Tyner Paving Company, hereinafter designated as the "Principal," a contract for construction of CYC PARKING LOT IMPROVEMENTS, Contract No. 4132 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. 4132 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, American Contractors Indemnity 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 Seven thousand, Eight Hundred Thirty and 001100 Dollars ($107,830.00) 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 tb such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 26 0 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 20th day of February 2009. L.M.T. Enterprises, Inc., Authorized ignaturefrtle dba Tyner Paving Company (Principal) American Contractors Indemnity Company Name of Surety 9841 Airport Blvd., 9th Floor Los Angeles, CA 90045 Address of Surety (310) 957 -3090 Telephone Al //M // A tho ized gent Signature,/ Gary B. Merrill- Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 ACKNOWLEDGMENT ............................. ............................... an.........., State of California County Of _ Los Aneeles ) SS. on February 20, 2009 before me, Priya Neilly Notary Public, personally appeared Gary B. Merrill who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in hisiher/their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. rz r s- a•. r-..:?�, ' g.�w j;. , co l", 1. 4176/484 Ifjs Any e;,25 Cour.;y r nia o p .�!v Comm. Lxpues iery. 13, 2011 lseap 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: Attorney —In —Fact Other Information: Thumbprint of Signer ❑ Check here If no thumbprint or fingerprint Is available. r.. ., ±. �:•, iv. +;r�.. i= icp:a;al,: �,: �. .::n;.'. Ssl�. v.ri7i. www .:115181F.rv>t2�viis.: __PQYER,OF ATTORNEY . -AMERICAN CONT'R'ACTORS. INDEMNITY COM1Fft - ffN€P$D 1'A*MVRETY COMPANY • U:S. SPECtAi'TY INSURAIYCLfi.OMPek =_ OW ALL MEN BY THESE PRtSENTS;'Mi- Welh4kohtwoaundenimty.Compatiyia Califomia'corporati"iQik f _ Surety Company, a Maryland corporation and U.S. Specialty Insurance. Company,. a Texas corporation (collectively, the "Comp anZe do:isy tlRWpresepl' make, constitute and appoint: _ _ - _Gary B. Merril..of James F. Huff of PasaIiiat atl�ornra - its true and lawful Attomey(s )-in -fact, each in their separate capacity if more than one is named above, with full power and authority , :hereby conferred in its name, place andstead,4 §*c4§, ackiiewledgi-.And deliver any and.all'bands, reeognizances �ntlertatii -4 other Instruments or contracts of surei §h� hi htelude ridersl ameadmeitts,, and'conseots of'snrety pro�idisg tfie hid `malty does not exceed Dollars (S * *Mti8d om `['his Power of Attorney shall expire without fdrther action on March I8, 2011, This Power of Attorney is granted under and'by authority ofilie, fo}hiwiq resolutions adopted by the Boards of Directors of the Companies Be tr Resa7tiead dsnt P es deoi'any , — president, any Assistant Vice - President; any Secre ary ota Ass s a r lecr s� and is hereby.vested with,Poll power and �tproriry mappa n" aa - on�s�.t suitable persatu as Anorney(s) -in -Fact to represent aa1 ate %C iai ehatfo£ _ Cueipany subj¢ct Jo the•falluwirrg zz provisions. -_ - Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to c iccute, admowledge and deliver, any and all bonds, _ tecognizances, contracts, agreements or ind¢mmty and o[he_Ero&d2masl srA)Migatoryopttl rtakings and any, and all noticeg.and documents rancelhrgar fermr�ia�ihe" €ompany's liability thereunder, and any such instrumems�o- executed liy lny such /[tS aey -in -Fact shall be binding upon the Companiy as if sigfted pit i_A -Fresidemt - - =iBd sealed and effected by the Corporate Secretary _ n _ - - - =Be it Resolved that the signature of any authorized officerand swtdf tWCompan--hcmwfum or hereafter affixed in anypower.of attorney or therein any eertdica =reld - -= - thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding- upoathe Company with ruspectto - any bond orundenakfftiowhdclaitisa ttadmd. IN WITP SS YdHEJZ19F -f"—% _ spanies have caused.this instrument to be stg�d tai trsstrporst ea to be hereto affixed this > - 15" day o € =JuIY, M.- =AMERICAN CONTTACTORS INDEMNITY COMPAi?kY -I N[TEDN7 ATI"URETY COMPANY , U.S: SPECIALTY INSl1RALS. CO -` = Seals _-- p omie --- - - - - _-- - - - - �y. T . M a9�SEAL °j c By: " } Daniet�IgtFic3'te?ent State of Ca#ffl6r[ttp __County of Los Angeles SS: - _ =- - - - - - _ -_ __ _ _ An this 15" day of July, 2005, before me ISeoralt Ilse a IEttargptibc, personally, appeared.Daniel P. Agwlar,ereetti American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company. who proved to me on the basis o€satisfactoEy- --videi ce to be the person whose name is subscribed to ft-within instrument and acknowledged to me that ,. . he executed tl saute a — hothot 6d capacity, and that by his signature on the i tmmetltt per n(als "e entity:uponbehalf of , which the rson ae I gxe#d the instrument. I certify under PENALTY OF PERJURY under_Ihe laws of the State of California that the foregoing paragraph is true and�orrect. -_ FITNESS my hand and official seal - i 1" iaaeri t Signature A/412"-"' _(Seal] = Loa Anqwm eoc�u r sYOam,.e7meaeAtwn I, Jeannib 7 Kim - Assistant SW €etary of American Contractors Indemnity Ckbpany�_i1 d le surety ,Company and US, Specialty_Jti�irance. C4snpanyi -& Hereby certify, that-the above and foregoing i& a iiue i n €correct ropy of a Power -Of Attorney , executed by said €Companies, wtiiclfys still in full force and effect; furthermore, the tes"oagopthe oa[ds of Directors, set out in the Power of Attorney are in full force and effect._. -- 7a Witness Whereof, I have hereunto set my"" tfie s -- -Isaid Companies at Los Angeles, Califomial�its„ _ , - day:__; _ - -__ February. 2069 =__ __- - -- __ ?- - -`-- _ _ =_ Corporatd§W - - Bond No. 1600809267 >_ Agency No. - 61179: deainnie J. Kim, Assistant ¢cretary 1 9 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT N State of o aao v,n i Q County of [ A�Q C3 ,✓.oPQ 4 On� . ZJw 2`-m© before me, Dat� Name and Tile of Officer e. , ( 9�. •Jane Do ry Pufdic') personally appeared JA Na . , ms) of signar(s) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his/her /their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), eARAN �, t 7 16 or the entity upon behalf of which the person(s) acted, b� I t 000n executed the instrument. tcoy ' WNW Lo� esM 3 201 WIT offici eat. n m m,y Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: siR.�� �-O ©°1 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: CxCl,. n L, -f61t, 0r S ❑ I ividual orporate Officer Ttle(s): ❑ Partner — ❑ Limited ❑ General ❑ Attomey -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Signer's Name: ■ Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 1994 National Notary Association • 8236 Remmel Ave., P.D. eox 7186 . Canoga Pads CA 91309 -7184 Prod. No. 5907 Reorder: Call Toll-Free 1- 8W-878-6827 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CYC PARKING LOT IMPROVEMENTS CONTRACT NO. 4132 BOND NO. 1000809207 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 3,157.00 being at the rate of $ thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to L.M.T. Enterprises, Inc., dba Tyner Paving Company, hereinafter designated as the "Principal", a contract for construction of CYC PARKING LOT IMPROVEMENTS, Contract No. 4132 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. 4132 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and American Contractors Indemnity 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 Seven thousand, Eight Hundred Thirty and 001100 Dollars ($107,830.00) 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. *$30.00 Per Thousand for the First $100,000. and $20.00 Per Thousand thereafter. 0 0 0 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance. Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, -alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 20th day of February , 2009. L.M.T. Enterprises, Inc., dba Tyner Paving Company (Principal) American Contractors Indemnity Company Name of Surety 9841 Airport Blvd., 9th Floor Los Angeles, CA 90045 Address of Surety (310) 957 -3090 Telephone Authorized ignature/Title Authorized gent Signatur Gary B. Merrill— Attorney —In —Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 ACKNOWLEDGMENT State of California County of Los Angeles ) ss. On February 20, 2009 before me, Priya Neilly Notary Public, personally appeared Gary B. Merrill who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (seal) .•..•..•....•..•..........•••.• ........... ...............•..............I 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 W itness(es) Capacity of Signer: _ Trustee _ Power of Attorney —CEO/CFO/COO _ President / Vice - President / Secretary / Treasurer Other: Attorney —In —Fact Other Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. 4.200. AAslale Notary Pr?parslion tnr . (86u) 689 -8456 www ailstalenotary com PAIYA NEILLY COMM, 51767484 z Notary Public. California o Z Los Angeles County 'MX Comm. Expires Sep. 13, 2011' (seal) .•..•..•....•..•..........•••.• ........... ...............•..............I 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 W itness(es) Capacity of Signer: _ Trustee _ Power of Attorney —CEO/CFO/COO _ President / Vice - President / Secretary / Treasurer Other: Attorney —In —Fact Other Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. 4.200. AAslale Notary Pr?parslion tnr . (86u) 689 -8456 www ailstalenotary com A:W P%�S 'ER_QF AT- T'ORNEY _ -_ RICAN CONTRACTORS INDEMNITY Colt hksfY l NjW ST- ATE�'�11RETY COMPANY . U.S. SPECIALTY INSURANCR.ID Am _ ti ' -_ 'teit =5 ALL MEN BY THESE. PRESENTS:' =l t ai_:Arz ricaa ntra toislndemnity Company, a- California corpora ftV. - ._= tam. - I~ Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, .the "Companied rhy theWpreseriflfmake, constitute and appoint: _ _ - aty B., Merrill :or. James F. Huff of Pasadai�all(orma = _ - - -- _ -- its true and lawful Attomey(s) -in -fact, each in their separate capacity if more than one is named above,.with 'full power and authority _- - - __ __hereby conferred in its name, place and stead�eitectitc, ar�itwledand deliver any and all bonds, recogtriaances��deralti.> -_ - other Instruments or contracts of sure�shI ttt3nelgde redt x_smeodtnents; and:cunsents -of- surety; Ora" t 6t 1 -nalty does not. exceed - **"*'1'!ueetiCtdneR * ** .. .. Dollars ($. " *3Etf0004#!*"l. _ This Power of Attorney shall expire without further action on March IS, 2011. This Power of Alomey is granted unda'aind by authority of the followiugesolutiotts adopted by the Boards of Directors of the Cornpatfte& an Be it Resoltti?r, #iat e- f'eea3det any #} President, any Assistam.Vice- President, any- Secretary- eFarryASS+sianr creia sh* and is hereby vested witlf full power and aetofl topsi anpneiri"- dt4re suitable persons as Altomey(s) =in -Fact to represent aid aetToreod a>k"behali -ofe f'arpnnysubjectto- the.fdlloWUtg .provisions _? _ - - - .- Atrorne)-tn -Fact may be given full power and authority for and in the name of and on behal£of the Company, to execute, acknowledge and deliver, any and ail bonds, - =_ =- 3ecognizances, contracts, agreements or indemnity and othe6Rionditiehal orAftartoryiiirdertakings and any and all m riges and documents eancelinjor wttut thtg _ -_ -= tompany's liability thereunder, and any such instrume - ^^Yt byanysrich Atfohicy -in -Fact shall be binding upon the Company as -if sigw -"6h Kresi rt _ _ - d sealed and effected by the Corporate secretary. _ _ - - it Resolved, that the signature of any authorized offtcerarkl seat-of thi<Coiitni heretofom or hereafter.affixed to any power of attorney or arty` ica aela thereto by facsimile, and my power of attorney ur certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or untiertaki_ngio whidyit is attaehsd. IN WITH ESS-3WHEREOF #le�ames have-Caused this instrument to be sio and TQOrporate ';Mto be hereto affixed, this 15" day o" Xt@8. -,County of Los Angeles SS: -- --_- Zia---- - _ -=__ -- zz- ton this 15" day of July, 2008, before me Dcooafl Reese-= ahatarypu t c, personally appeared barrio'' P. Aguilar a l?r denti�f American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basi€sifsatisfact tevidence to be the person, whose name is subscribed tothe- withininswament and acknowledged tome that he executed, same ltts authorized capacity,. and -that by his signature on theanstt3mfentfk parson(s]F the entity upon behalf of which the pefs{tn{a as �€eci"the instrument ---I certify tinder 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 rea �Y'�`''txum won r tat -Signature g( d7 AA LAC6v -_ (Seal) - loom) ",tom c I, Jeannie J" K& Akitstatn Seer_€fary of American Contractors Indemnity C tp�lj; �h�d tes irety Company and U S Specialty ' insurance n�try; i% reby certify that the above and foregoing is aini sttd�_otrtct oly f a Power of Attomey executed l y said to 6!6, "icffls still in fii11 €orce.and effect; furthermore, ilia restrMEor s °$ Ute Hoak of Dilecttics set out ari the Power of Attorney are in full force and effect.. FT a Witness Whereof, I have hereunto set mymldt rlcaiitxd these�Fs sl said Companies at Los Angeles, CaltforittaIS daj -o? February 2009 JeahbleX Kim, Assisant Secretary 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT County of L � Y`u„ On -,9u V--) am! before me, l _ Date Name and Title of O ficw (e.g., 'Jane Doe, N IC) personally appeared 'personally known to me - OR - ❑ rLIA;OYE 611RAfi1 1. R06ERf Comte f 1743169 Notary fteft - t a8lmrhe los courdy 7Di1 me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheRhey executed the same in his/herRheir authorized capacity(ies), and that by his /herAheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 90 re otary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document ■- - P 1 o r�i Number of :•- Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: &P-k L-, ❑ dividual Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General • Attorney -in -Fact • Trustee • Guardian or Conservator ❑ Other: Top of thumb here Signer Is Representing: S� Signer's Name: • Individual • Corporate Officer Title(s): 0 Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THOMSPRINT OF SIGNER 01994 National Notary Association, 6236 Rammed Ave., P.O. Sax 7194 • Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1- 800876.6827 ACORD CERTIFICATOOF LIABILITY INSURAN& OF ID Ds I DATE(KLWDD/YYYY) TYNER -1 1 02/20/09 PRODUCER Supple - Merrill E Driscoll Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Agents and Brokers HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. 0. BOX 2408 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pasadena CA 91102 MMI00lYY LIMITS Phone:626- 795 -9921 Fax:626- 577 -6656 INSURERS AFFORDING COVERAGE NAIC 19 INSURED INSURER A: Pir.0 Nat -I Lax Co of A riea INSURER B: Mercury Insurance Group 11908 LMT 8Tyner ia® Inc. 005 San Fernando Rdany Los Angeles CA 90065 wSURER C: Liberty Surplus Insurance X COMMERCIAL GENERAL LIABILITY CLAIMS MADE FX ] OCCUR wsuRER D: Harz. Daien Pira of Pl CCRb PA 03/30/08 UJSURER E: R.dw sir. a C..U.Ity x.. Co PREMISES (Eeo ww) $50,000 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR ;NSR TYPE OF INSURANCE POLICY NUMBER DATE MWDDm DATE MMI00lYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 C X X COMMERCIAL GENERAL LIABILITY CLAIMS MADE FX ] OCCUR DOLSP184984 -027 03/30/08 03/30/09 PREMISES (Eeo ww) $50,000 MED ENT, (Arty Dne person) $ EXCLUDED PERSONAL& ADV INJURY 51,000,000 GENERAL AGGREGATE 52,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP /OP AGG $2,000,000 POLICY X I PRO- LOG Emp Ben. 1,000,000 B X AUTOMOBILE LABILITY ANY AUTO AC11079417 03/30/08 03/30/09 COMBINED SINGLE LIMIT (Ee aaidenl) $1,000,000 X BODILY INJURY (Per Person) S ALL OWNED AUTOS SCHEDULED AUTOS X BODILY cidwt) INJURY (Peraaitlent) $ HIREDAUT03 NON-OWNED AUTOS X • COMP $$1,000 PROPERTY DAMAGE (Per axldwt) 5 • Coll $1,000 GARAGE LIABILITY AUTO ONLY -EA ACCIDENT S OTHERTHAN EA ACC AUTOONLY: AGO $ ANY AUTO $ EXCESS/UMBRELLA LABILITY EACH OCCURRENCE 53,000,000 D X OCCUR 7CLAIMSMADE 896359378 03/30/08 03/30/09 AGGREGATE 53,000,000 5 $ 0 DEDUCTIBLE $ X RETENTION $10,000 E WORKERS COMPENSATION AND EMPLOVERILITY ANY PROPRIETORIETORIPARTNERlEXECUTNE OFFICER/MEMBER EXCLUDED? 4407006777 -081 07/18/08 07/18/09 X I TORYLIMITS ER E.L. EACH ACCIDENT $1000000 E.L. DISEASE -EA EMPLOYEE $1000000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $1000000 OTHER A Equipment Floater 25 -CC- 201490 -1 03/30/08 03/30/09 Rented / $100,000 Leased DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The City of Newport Beach, its elected or appointed officers, agents, officials, employees, and volunteers are named as additional insured as respects the insured's operations per CGL 2010 11/85 attached, Primary Wording applies per CGL 1031 0403 attached, Waiver of Subrogation applies per CGL 1025 0103 attached. SEE ATTACHED NOTES. CANCELLATION COFNEWP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI City of Newport Beach DATE THEREOF, THE ISSUING INSURER WILL EHDfALOR"MAIL *30 DAYSWRRTEN Public Works Dept. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Shauna Lyn Oyler 3300 Newport Blvd. Newport Beach CA 92664 nr.PResenrmres. ACORD 25 (2001108) [ - /' , , w Employers Liability Limit $1,000,000 (per accident /aggregate policy limit) or bodily injury by accident $1,000,000 policy limit. 10 day notice of cancellation for non - payment of premium /non reporting of payroll. No other modification to the cancellation section in this certificate will apply to the Workers' Compenstion coverage. NOTEt POLICY EXCLUDES PROFESSIONAL LIABILITY 0 LSI_ Corporation \I. nPy, na dbm Aew.�i �•nw:p 1.ibcru' Surplus Inrurancc. Corpomriun ENDORSEMENT NO. • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Endorsement Effective f)ate March 30, 2008 Policy No.: DGLSF184984 -027 Insured: LMT Enterprises, Inc. dba: Tyner Paving Company ADDITIONAL INSURED -OWNERS LESSEES OR CONTRACTORS - SCHEDULE Community Youth Center Parking Lot Rehabilitation The City of Newport Beach, its elected or appointed officers, agents, officials, employees, and volunteers (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of'your work" for that insured by or for you. NOTE: POLICY EXCLUDES PROFESSIONAL LIABILITY CGL 2010 1185 Page I of I LS1. pi \I�Tlxy 4 !:14f♦ \A l:uli���n�l aberw Surplus Insurance Corp motion ENDORSEMENT NO. THIS ENDORSEMENT CIIANGES THE POLICY. PLEASE READ IT CAREFULLY, Endorsement Effective Date: 3 -30 -08 Policy No: DGL- SF0184984 -027 Insured: LMT Enterprises dba• Tyner Paving Company PRIMARY INSURANCE CLAUSE ENDORSEMENT To the extent that this insurance is afforded to any additional insured under the policy. such insurance shall apply as primary and not contributing with any insurance carried by such additional insured, as required by written contract. Nothing herein contained shall be held to waive, vary, alter or extend any condition or provision of the policy other than as above stated. CGI. 10310403' Pape I of I Am LSI.. pi � \ICUdvn•I Ldw". Mmpy r: ;:ru • i ENDORSEMENT NO. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Endorsement Effective Date: March 30, 2008 Policy No:DGLSF018984 -027 Insured: LMT Enterprises, Inc. Ludan Quinn Thomas dba: Tyner Paving Company WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US It is hereby agreed that Section IV. item S. Transfer of Rights of Recovery Against Others to Us. is modified as follows: SCHEDULE Name of Person or Organization: As required by written contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by [lie addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization. This waiver applies only to the person or organization shown in the Schedule above. CGL 1025 0103 0 • AkMERCURY CASUALTY COMPANY 11 END.# This endorsement forms part of the policy shown below, all other terms and conditions of this policy remain unchanged. Policy No- : AC11079417 Effective Date 12:01 A.M. Named Insured : LMT ENTERPRISES INC DSA: TYNER PAVING COMPANY 8 LUDAN QUINN THOMAS, A PARTNERSHIP IT IS AGREED AND UNDERSTOOD THAT THE FOLLOWING ARE LISTED AS ADDITIONAL INSUREDS ON ALL THE VEHICLES COVERED BY THIS POLICY, WHICH INCLUDES PRIMARY WORDING AND WAIVER OF SUBROGATION: CITY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICERS, AGENTS, OFFICIALS, EMPLOYEES, AND VOLUNTEERS RE: COMMUNITY YOUTH CENTER PARKING LOT REHABILITATION This agreement applies to this policy, or any continuation renewal or replacement of this policy by the Named Insured, or the reinstatement within 30 days of any lapse thereof. UC -44 /1994 Producer SUP P6E•MERRILL 8 DagigO,Il_ , 0qq$ _ PRODUCER COPY Process Date: ACORD CERTIFICATOOF LIABILITY INSURANS OPID DS DATE(MWDDIYYYY) 1 TYNSR -1 02/20/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Supple - Merrill & Driscoll Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Agents and Brokers HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. 0. Box 2408 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE F—] OCCUR Pasadena CA 91102 Phone:626- 795 -9921 Fax1626- 577 -6656 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: BMraad Iis� A Ceawlty xn� Ca MED EXP (Any one person) INSURER 8: PERSONAL d ADV INJURY LMT Enterprise8 Inc. dbal Tyner Paving Company 2005 San Fernando Rd. Los Angeles CA 90065 INSURER C: INSURER D: $ INSURER E: PRODUCTS -COMPIOP AGO $ COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IMK LTR NS TYPED F INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MWO DATE MWDO LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE F—] OCCUR EACH OCCURRENCE S PREMISES Eacrxwrence) $ MED EXP (Any one person) $ PERSONAL d ADV INJURY S GENERAL AGGREGATE $ GENL AGGREGATE LIMIT APPLIES PER POLICY F71 dEPCT LOC PRODUCTS -COMPIOP AGO $ AUTOMOBILE LIABILITY ANY AUTO ALL OW N W AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) S BODILY INJURY (Per accident) E PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC AUTO ONLY: AGG E S E[CESSIUMBRELLA LIABILITY OCCUR FI CLAIMS MADE DEDUCTIBLE RETENTION S EACH OCCURRENCE S AGGREGATE S S E $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTNE OFFICERIMEMBER EXCLUDED? N yas, despite under SPECIAL PROVISIONS below 4407006777 -061 07/19/09 07/16/09 X ITORY LIMITS ER E.L. EACH ACCIDENT $1000000 E.L. DISEASE - EA EMPLOYE $ 1000000 E.L. DISEASE - POLICY LIMIT $ 1000000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT; SPECIAL PROVISIONS Re: Community Youth Center Parking Lot Rehabilitation, which includes Waiver of Subrogation. *Ten days notice of cancellation for non - payment of premium/non reporting of payroll. Employers Liability $1,000,000 per accident /aggregate policy limit. CERTIFICATE HOLDER City of Newport Beach Public Works Dept. Attn: Fong Too 3300 Newport Blvd. Newport Beach CA 92663 COFNEWP I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIOI DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. T / A / / / /A' W ORD CORPORATION 1988 • WORKERS COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE POLICY WC-04 -03.06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON(S) OR ORGANIZATIONS) NAMED IN THIS SCHEDULE. THIS AGREEMENT APPLIES NOT ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. YOU MUST MAINTAIN PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUN- ERATION OF YOUR EMPLOYEES WHILE ENGAGED IN THE WORK DESCRIBED IN THE SCHEDULE. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 5% OF THE CAL- IFORNIA WORKERS' COMPENSATION PREMIUM OTHERWISE DUE ON SUCH REMUNER- ATION, MINIMUM PREMIUM: $80. F Y �7M11111A The City of Newport Beach, its elected or appointed officers, agents, officials, employees and volunteers JOB OESCRIP ION: Community Youth Center Parking Lot Rehabilitation This endorsement changes the policy to which 11 is attached and Is effeclive on the data issued unless otherwise stated. (The information below Is required only when this endorsement is Issued subsequent to preparation of the policy.) Endorsement Effective 07/18/2008 Policy No.4407008T77 -081 End raement No. 1 Insured LMT ENTERPRISES, INC. Pre lum $ insurance Company Countersigned by Redwood Fire And Casualty insurance Company Fax #: 0 • CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 3/2/09 Dept. /Contact Received From: Shauna Oyler Dale Completed: 3/2/09 Sent to: Shauna Oyler By: Jessica Scherer Company /Person required to have certificate: LMT Enterprises Inc. 1. GENERAL LIABILITY A. INSURANCE COMPANY: Libeny Surplus Insurance INSURANCE COMPANY: Mercury Insurance Company B. AM BEST RATING (A: VII or greater): AXV B. C. ADMITTED Company (Must be California Admitted): C. Is Company admitted in California? N Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? $1M Each Occ /$2M Agg E. PRODUCTS AND COMPLETED OPERATIONS (Must D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM): include): Is it included? N Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The $1,000.000 City its officers, officials, employees and volunteers): Is it ADDITIONAL INSURED WORDING TO INCLUDE (The City its included? N Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be ❑ No F. included): Is it included? N Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named Haulers only): insured is not limited solely by their negligence) Does Is it included? N/A endorsement include "solely by negligence" wording? ❑ Yes N 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. 11. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Mercury Insurance Company B. AM BEST RATING (A: VII or greater) A +XIII C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM): What is limits provided? $1,000.000 E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ❑ Yes ❑ No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 0 0 111. WORKERS' COMPENSATION A. INSURANCE COMPANY: Redwood Fire & Casualty Insurance Company B. AM BEST RATING (A: VII or greater): A + +XI❑ 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? March 2, 2009 Orange County Recorder's Office P.O. Box 238 Santa Ana, CA 92702 Re: CITY OF NEWPORT BEACH ENCROACHMENT AGREEMENT Please find enclosed the following referenced Agreement for recordation. OWNER OF RECORD PROPERTY ADDRESS EP NUMBER Laura Prickett, Trustee 111 Opal Avenue N2009 -0017 Jaik and Innae Choi, Co- Trustees 1215 Portside Way N2009 -0030 James and Patricia Moise 17 Carmel Bay Drive N2009 -0016 Upon recordation return to: Shari Rooks City of Newport Beach Public Works Department P.O. Box 1768 Newport Beach, CA 92658 -8915 Please invoice the City of Newport Beach for this service. The City has charged a fee for the recordation of the above referenced documents and the attached agreement(s) are not exempt from recording per Government Code 6013 and 27383. Sincerely, Shari Rooks Public Works Specialist Attachments: Encroachment Agreement(s) Cl usersl pbvAshared %encroachlmasterslroute recorder encroachment agreement.doc ek P -1 CTW OF NEWPORT BVLCH n u -4. s CgGI FOFHP TYNER PAVING COMPANY 2005 N SAN FERNANDO RD LOS ANGELES, CA 90065 INSTRUCTIONS AND CONDITIONS EXPIRATION DATE: BT30026955 02/28/2010 Welcome to the City of Newport Beach, and thank you for your business tax payment. This business tax certificate is evidence that the named business has paid a tax to conduct the business activity designated, within the City of Newport Beach, until the expiration date shown. Please notify the Revenue Division immediately if any of the information on the certificate changes. This certificate is valid only at the address indicated and must be displayed in a conspicuous location. If your business is not conducted at a permanent location Municipal Code requires that any representative, while transacting business within the city, carry this certificate. This business tax certificate does not authorize the named business to conduct any activities regulated by the City of Newport Beach or other agencies. Authorization for such activities must be obtained from the appropriate departments prior to application for business tax. Certificates are not transferable to any other party or person and are not pro- rated. Refunds are not provided once the certificate has been issued. Your business tax certificate is valid until the expiration date, and must be renewed annually prior to that date. Changes in type of ownership (i.e. from a sole proprietorship to a partnership or LLC), nature of business, or ownership void the current certificate and require filing of and payment for a new application. Additional certificates are required if additional types of business activity are initiated at the same address, or additional locations of the same business are established (Municipal Code sections 5.04 through 5.08). For your convenience, the Revenue Division will mail a courtesy renewal notice, prior to the expiration date, to the billing address of record. Non - receipt of the notice does not alleviate the requirement to renew. Penalties are imposed for late renewal at a rate of 250% per month to a maximum of 100% of the base tax.. The Revenue Division is available to answer any questions regarding business tax certification and requirements. Call (949) 6443141; e-mail us at: RevenueHelp @city.newport- beach.ca.us, or visit us on the internet at www.ciM.newDort-beg_qh,ca.us and view the Municipal Code on -line. DISPLAY CONSPICUOUSLY AT PLACE OF BUSINESS FOR WHICH ISSUED CITY OF NEWPORT BEACH BUSINESS TAX CERTIFICATE THIS TAX PAYMENT EXPIRES: 02/28/2010 6Y__11I:itiIalA \t03T7 :70.Y.3 TYNER PAVING COMPANY 2005 N SAN FERNANDO RD LOS ANGELES CA 90065 BUSINESS CATEGORY: CONCRETE WORK SELLERS PERMIT: NO SELLERS ACCOUNT NUMBER: BT30026955 OWNERTRINCIPAL NAME: THOMAS, CRAIG L OWNERSHIP TYPE: CORPORATION TAX INCLUDES PAYMENT FOR: 0.00 EMPLOYEES DATE OF ISSUE: 02/26/2009 02/26/2009 PRINT DATE: DISCLAIMER: The information displayed here is current as of FEB 06, 2009 and is updated weekly. It is not a complete or certified record of the Corporation. Corporation L.M.T. ENTERPRISES, INC. Number: C1727 540 Date Filed: 6/30/1993 Status: active Jurisdiction: California Address 2005 N SAN FERNANDO RD LOS ANGELES, CA 90065 Agent for Service of Process RICK QUINN 17833 WILDRIDGE LN CANYON COUNTRY, CA 91387 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. htt p: / /kep l e r. ss. ca. gov /co rpd ata /S howA i I L i st? Q ue ryCo rpN u m be r=C 1727540& pri... 02/13/2009 Check a License or Home IWvement Salesperson (HIS) RegiWion - Contr... Page 1 of 2 Department of Consumer Affairs Contractors State Licse oard .,��. Contractor's License Detail - License # 676195 * 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: Business Information: Entity: Issue Date: Expire Date: License Status: Classifications: Bonding: 676195 L M T ENTERPRISES INC dba TYNER PAVING COMPANY 2005 SAN FERNANDO ROAD LOS ANGELES. CA 90065 Business Phone Number: (323) 225 -8014 Corporation 08/3011993 08/3112009 Extract Date: 02/13/2009 This license is current and active. All information below should be reviewed. CLASS DESCRIPTION A GENERAL ENGINEERING CONTRACTOR C12 EARTHWORK AND PAVING CONTRACTOR'S BOND This license filed Contractor's Bond number 898539C in the amount of $12,500 with the bonding company DEVELOPERS SURETY AND INDEMNITY COMPANY. Effective Date: 01/01/2007 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL 1. This license filed Bond of Qualifying Individual number 898540C for CRAIG LYNN THOMAS in the amount of $12,500 with the bonding company DEVELOPERS SURETY AND INDEMNITY COMPANY. Effective Date: 0110112007 BQI's Bonding History This license has workers compensation insurance with the http: / /www2. csl b.ca. g ov /O n l ineServices /CheckLicense /LicenseDetaii. asp ?LicN u... 02/13/2009 Check a License or Home IWovement Salesperson (HIS) RegiVion - Contr... Page 2 of 2 REDWOOD FIRE AND CASUALTY INSURANCE CO Policy Number: 4407006777081 Workers' Compensation: Effective Date: 07/1812008 Expire Date: 07/1812009 Workers' Compensation History Conditions of Use I Privacy Policy Copyright © 2009 State of California http:// www2. cslb. ca. gov/ OnlineServices /CheckLicense /LicenseDetail .asp ?LicNu... 02/13/2009 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT, PROPOSAL COMMUNITY YOUTH CENTER PARKING LOT IMPROVEMENTS CONTRACT NO. 4132 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. 4132 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 0 fiUf _ftu-qU1) Dollars and ZER0 Cents 0700 , 0 t7 Per Lump Sum 2. Lump Sum Traffic Control @ RVF ft K-MeD Dollars and $ 5700, DU i?� Cents Per Lump Sum 3. Lump Sum Survey Services @ Tt#1�EE THuvSW'� 51+� Dollars -Z-C- l@0 and Per Lump Sum C� 7 19 I @ . ()NG Dollars and - tWRq`I -TWD Cents $ i .1 $ Per Square Foot 350 LF Construct Type -A PCC Curb And Gutter @ Dollars and 554QJ14 FIVC- Cents $ � �S $ (911 -1 .SO Per Linear Foot 450 LF Construct Type -B PCC Curb @_ 41 X7F &N Dollars 7�N and ts Per Linear Foot 1,100 SF Construct 4 -inch Thick PCC Sidewalk @ FIVC Dollars and ZCRO Cents $ S • 00 $ 5500.00 Per Square Foot 2 EA Construct PCC Access Ramp E+uF @ I Dollars and ZErZO Cents Per Each oO $ f SDO.00 PR2of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Removals, Disposals, and Site Preparation 51>7TPC-N -ftLW rb CEO_ KA070 TWrW9 Dollars nd ZERV Cents . QO $ W. Per Lump Surn . 5. 2,500 SF Minimum 2 -Inch Variable Thickness Edge Cold Mill C� 7 19 I @ . ()NG Dollars and - tWRq`I -TWD Cents $ i .1 $ Per Square Foot 350 LF Construct Type -A PCC Curb And Gutter @ Dollars and 554QJ14 FIVC- Cents $ � �S $ (911 -1 .SO Per Linear Foot 450 LF Construct Type -B PCC Curb @_ 41 X7F &N Dollars 7�N and ts Per Linear Foot 1,100 SF Construct 4 -inch Thick PCC Sidewalk @ FIVC Dollars and ZCRO Cents $ S • 00 $ 5500.00 Per Square Foot 2 EA Construct PCC Access Ramp E+uF @ I Dollars and ZErZO Cents Per Each oO $ f SDO.00 • PR3of5 ITEM. QUANTITY ITEM DESCRIPTION AND UNIT UNIT, TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 10,000 SF Construct Variable Thickness AC Pavement Overlay Dollars and r—_(61+ `I FIVE Cents $ 9 �S $ V506.00 Per Square Foot 11. 3,500 5F Construct 6 -Inch Thick Aggregate Base 0 N E Dollars and Q0, 61 X Cents $ • 06 $ 3� I0 Per Square Foot 12. 3,500 SF Construct 6 -Inch Thick AC. Pavement 'CF}{zEE Dollars and p siXz�l NINI= Cents $ 3. 1 $ S �0 Per Square Foot 13. Lump Sum Landscaping and Irrigation -(W"1W FIVE TtiDLS+Wn 7wo HVNDR>=f> Dollars and ZER�D Cents Per Lump Sum 14. 90 LF Install 6 -Inch PVC Piping (Q "CU`jENT`� Dollars and SEVENT`i FIVC- Cents Per Linear Foot 15. 1 EA Install 12 X 12 Bro6ks Drain Inlet p4;; AMI TWO tWVWFP Dollars and ZEf�D Cents Per Each $ ZSZo0,DO $ 70.IS" $ 160 -50 $ 1 2 b0. 0b $ k7-06. 6 0 PR4of5 ITEM 'QUANTITY ITEM DESCRIPTION AND UNIT UNIT 0 TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. Lump Sum Reconstruct Existing Storm Drain Inlet/Riser @ ONE _CbhNSAM Dollars and Z6 Qd Cents Per Lump Sum 17. 2 EA Install Wheel Stop @ Nal Dollars ZED and Cents Per Each 18. Lump Sum install Parking Lot. Striping, Legends and Pavement Markers @ FIF --f FIDE Dollars and -ZeR b Cents Per Lump Sum 19. Lump Sum Install Parking Lot Signage @ FkVE H Nbg'�D Dollars and Z ego Cents Per Lump Sum 20. Lump Sum 180 -Day Plant Establishment And Maintenance Period ONE k1j dSAX9 FIVE NfVb12ID @ SEUFN_N FIDE Dollars and ZE-20. Cents Per Lump Sum 21. Lump Sum As -built Drawings @ Three Thousand Dollars and Zero Cents Per Stipulated Lump Sum $ (060.00 $ (d6 "0. 00 $ go.00 H 355.00 SDp.00 5-7S-,00 $ 3.000.00 • 4 PR5of5 TOTAL PRICE IN WRITTEN WORDS ONE N1INDRC —b Tt1� EI6K }fUND12FD TthATq Dollars and �0 Cents $ ��; $ o • 00 T Total Price (Figures) Date 3Z3 —Z2S X01 � 323 -225 ©lb I Bidder's Telephone and Fax Numbers 1�71 ,o 1 g S' off— C-\-Z- Bidders License No(s). and Classification(s) Bidder's email address: Ulm- m0 m Bidder'sAddress WS ITEM QUANTITY ITEM DESCRIPTION AND UNIT. UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE TOTAL PRICE IN WRITTEN WORDS ONE N1INDRC —b Tt1� EI6K }fUND12FD TthATq Dollars and �0 Cents $ ��; $ o • 00 T Total Price (Figures) Date 3Z3 —Z2S X01 � 323 -225 ©lb I Bidder's Telephone and Fax Numbers 1�71 ,o 1 g S' off— C-\-Z- Bidders License No(s). and Classification(s) Bidder's email address: Ulm- m0 m Bidder'sAddress WS 0 9 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS COMMUNITY YOUTH CENTER PARKING LOT IMPROVEMENTS CONTRACT NO. 4132 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -1 LOCATION 5 -2 PROTECTION 5 -7 ADJUSTMENTS TO GRADE 5 -8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 1 1 1 1 2 2 2 2 2 2 2 2 2 3 3 3 3 3 K] 3 • • 6 -2 PROSECUTION OF WORK 4 6 -7 TIME OF COMPLETION 4 6 -7.2 Working Days 4 6 -7.4 Working Hours 4 6 -9 LIQUIDATED DAMAGES 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -7 COOPERATION AND COLLATERAL WORK 5 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.5.1 Steel Plates 6 7 -8.6 Water Pollution Control 6 7 -8.6.1 Best Management Practices and Monitoring Program 6 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.1 Traffic and Access 6 7 -10.2 Storage of Equipment and Materials in Public Streets 7 7 -103 Street Closures, Detours, Barricades 7 7 -10.4 Public Safety 8 7- 10.4.1 Safety Orders 8 7 -10.5 "No Parking" Signs 8 7 -10.7 Notice to Residents and Temp Parking Permits 8 7 -15 CONTRACTOR LICENSES 8 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 9 SECTION 9 MEASUREMENT AND PAYMENT 9 9 -3 PAYMENT 9 9 -3.1 General 9 9 -3.2 Partial and Final Payment 12 PART 2--- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 12 201 -1 PORTLAND CEMENT CONCRETE 12 201.1.1.2 Concrete Specified By Class 12 201 -2 REINFORCEMENT FOR CONCRETE 12 201 -2.2.1 Reinforcing Steel 12 0 • 201 -7 NON - MASONRY GROUT 12 201 -7.2 Quick Setting Grout 12 SECTION 214 PAVEMENT MARKERS 12 214 -4 NONREFLECTIVE PAVEMENT MARKERS 12 214 -5 REFLECTIVE PAVEMENT MARKERS 12 PART 3--- CONSTRUCTION METHODS SECTION 300 EARTHWORK 13 300 -1 CLEARING AND GRUBBING 13 300 -1.3 Removal and Disposal of Materials 13 300 -1.3.1 General 13 300 -1.3.2 Requirements 13 300 -1.5 Solid Waste Diversion 13 SECTION 302 ROADWAY SURFACING 14 302 -5 ASPHALT CONCRETE PAVEMENT 14 302 -5.1 General 14 302 -5.4 Tack Coat 14 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 14 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 14 303 -5.1 Requirements 14 303 -5.1.1 General 14 303 -5.4 Joints 14 303 -5.5.2 Curb 14 303 -5.5.4 Gutter 14w SECTION 310 PAINTING 15 310 -5 PAINTING VARIOUS SURFACES 15 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 15 310 -5.6.7 Layout, Alignment and Spotting 15 310 -5.6.8 Application of Paint 15 SECTION 400 400 -2 400 -2.1 400 -2.1.1 0 PART 4 Ll ALTERNATE ROCK PRODUCTS, ASPHATL CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 15 UNTREATED BASE MATERIALS General Requirements F:%UserslPBMShared\ContractsWY 08- 091CYC Parking Lot C- 4132111e- hid1SPECS INDEX C- 4132.doc 15 15 15 • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS COMMUNITY YOUTH CENTER PARKING LOT IMPROVEMEN CONTRACT NO. 4132 INTRODUCTION SP 1 OF 15 All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. R- 5960 -S and the landscape portions of B- 5204 -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 Add to this section, "The work necessary for the completion of this contract consists of making improvements to the existing parking lot such as pavement removals and grading; import unclassified fill; place aggregate base and asphalt concrete layers; reconstruct and construct new curbs, gutters, and access ramps; install signage and striping; install drainage provisions; install landscaping and irrigation; plant establishment and maintenance; and other improvements shown on the Contract Plans and in the Specifications." 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize /follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. The design surveyor for this project is Bush & Associates of Irvine and can be contacted at 949 -752 -1888. At a minimum, two (2) sets of cut - sheets for all areas shall • • SP2OF15 be included in the bid price and copies of each set shall be provided to City 48 -hours in advance of any work. 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SECTION 3--- CHANGES IN WORK 3-3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 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 SP3OF15 shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 -- UTILITIES 5 -1 LOCATION. Add the following after the 3`d paragraph: "Upon one week of 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 not scheduled as a part of the contract 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 applicable, the Contractor shall adjust or replace to finish grade City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor shall contact Southern California Edison, The Gas Company, AT &T, cable television, and other utility facilities to have their respective existing utilities adjusted to finish grade. The Contractor shall timely coordinate with each utility company for the adjustment of their facilities so as not to cause a delay in project schedule. 5-8 SALVAGED MATERIALS. Where applicable, the Contractor shall salvage all existing sewer /storm drain manhole (including grade rings), meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operations Manager, at (949) 718 -3402. SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed.' 0 SP 4 OF 15 The Contractor shall submit a construction schedule and a traffic control plan to the Engineer for approval a minimum of five working days prior to the pre- construction meeting. The Schedule may be bar chart or CPM style. 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 Engineer will review the Schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -2 PROSECUTION OF WORK. Add to this section: "The Contractor shall make every effort to control construction noises to the extent possible when the adjacent school is in session. No construction noises such as back -up bells, jackhammering, grinding, etc can be generated during school hours for the first two weeks of May 2009 so as to provide the students with a quiet environment for taking the required statewide achievement tests." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all construction work under Contract within thirty (30) consecutive working days after the date on the Notice to Proceed, excluding the 180 -Day plant establishment and maintenance period. Work constructed at the Contractor's sole expense during non - working hours such as nights and weekends and final striping shall not count against the allotted time. The Contractor shall ensure the availability of all materials 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, the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th, (Christmas Eve — half day), December 25th (Christmas), and December 31 st (New Year's Eve — half day). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7AM to 4:30PM, Monday through Friday. Should the Contractor elect to work after- hours, a request for working 0 SP5OF15 during any of these hours must be made at least 72 hours in advance of the desired time period. The request may be for 4:30PM to 6PM Monday through Friday or 8AM to 6PM on Saturdays only. If the work is progressing on -time or ahead of schedule, the Engineer could consider exempting the Contractor from paying the after -hour supplemental inspection fees at the rate of $123.00 per hour when inspection is required for after -hour work. 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. 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 $1,000. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $1,000 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to the public using the Center." SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "Since the parking lot is adjacent to the CYC Building that is under rehabilitation by another contractor, the parking lot contractor shall make every effort to cooperate and coordinate his activities with the CYC building contractor to ensure mutual meaningful work progress. City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 AM to 2:00 PM or a six -hour shut down between the hours of 11:00 PM to 5:00 AM will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach Utilities Department. The City must approve any nighttime work in advance." 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 • • SP6OF15 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." 7 -8.5.1 Steel Plates. Add this section: "Steel plates utilized for utility trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at http://www.city.newport- beach. ca. u s/p u bworks /I inks. 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 the storm drain system, including gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP must 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. 0 • SP 7 OF 15 The Contractor shall cooperate with the Engineer to provide advance notice to the nearby residents and the adjacent elementary school whose access will be impacted by construction operations. The existing parking lot is used by parents to drop -off and pick- up their children attending the adjacent elementary school. The contractor shall implement traffic control measures that will allow for meaningful work progress and at the same time provide safe access for the students and parents. By submitting a bid, the Contractor has visited the site during a regular school day; has observed the extent of traffic expected at the parking lot; has included the potential work interference into the his work schedule; and has incorporated the cost of traffic control measures into the bid. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3).' 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. 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 a traffic control plan at least five working days prior to the pre - construction meeting. 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, signed, and sealed by a California licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition and comply with the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and/or lighted. i 7 -10.4 Safety • SP 8 OF 15 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 the work location already has "NO PARKING" signs posted) 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 and the adjacent school, describing the project. 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 City Notice clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a valid Class -A California State Contractor's License. • • SP 9 OF 15 At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7-16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. The "As- Built" plans shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this Item shall include providing bonds, insurance and financing, preparing the SWPPP or BMP Plan and construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this Item shall include delivering all required notifications, post signs and all costs incurred notifying residents and the nearby elementary school. In addition, this item includes preparing traffic control plans prepared and signed by a California licensed traffic engineer, and providing the traffic control required by the project including, but not limited to signs, cones, barricades, temporary striping, flagpersons and other arrangements that might be required to provide traffic control within the parking lot for the safe and efficient drop -off and pick -up of students on school days. This item includes furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. • 0 SP 10 OF 15 Item No. 3 Survey Services: Work under this Item shall include all surveying work required for the removal and construction of improvements shown in the Contract Documents, the restoration of impacted survey monuments, and the filing of required of records with the County Surveyor. Item No. 4 Removals, Disposals, and Site Preparation: Except for work specified under separate bid items, work under this Item shall include all of the costs for clearing, grubbing, excavating, removing, and disposing all existing improvements shown on the plans graphically and by construction notes. The cost of other necessary work that are not specifically listed within other payment items and site preparation work such as grading, leveling, soil import for constructing the parking lot extension, subgrade compaction, sand placement and compaction, etc operations that are required before the new improvements can be constructed shall be paid for by this bid item. Item No. 5 Minimum 2 -Inch Variable Thickness Edge Cold Mill: Work under this Item shall include all materials, tools, equipment, and labor to edge grind, remove, and dispose of the existing parking lot perimeter paving. The cold mill width shall be at least 5 -feet wide. Item No. 6 Construct Type -A P.C.C. Curb and Gutter: Work under this Item shall include subgrade preparation and compaction, construct P.C.C. curb and gutter, curb markings and painting, and all other work items as required to complete the work in place as shown on the Plans and Specifications. Item No. 7 Construct Type -B P.C.C. Curb: Work under this Item shall include subgrade preparation and compaction, construct P.C.C. curb, curb markings and painting, and all other work items as required to complete the work in place as shown on the Plans and Specifications. Item No. 8 Construct 4 -Inch Thick P.C.C. Sidewalk: Work under this Item shall include sand import, subgrade preparation and compaction, construct P.C.C. sidewalk, install joints, and all other work items as required to complete the work in place as shown on the Plans and Specifications. Item No. 9 Construct P.C.C. Access Ramp: Work under this Item shall include constructing P.C.C. access ramp and retaining curb, installing joints and dark -gray colored raised truncated domes called "Terra Paving" as manufactured by Wausau Tile, Inc (715) 359 -3121 of Wisconsin, and all other work items as required to complete the work in place as shown on the Plans and Specifications. Item No. 10 Construct Variable Thickness AC Pavement Overlay: Work under this Item shall include pavement shaping, AC backfill and compact trench left behind after ribbon gutter removal, crack seal, tack coat, levelling course placement, compaction, place AC overlay, and all other work items as required to complete the work in place as shown on the Plans and Specifications. 0 0 SP 11 OF 15 Item No. 11 Construct 6 -Inch Thick Aggregate Base: Work under this Item shall include pavement shaping, subgrade preparation and compaction, apply weed -kill as necessary, place and compact aggregate base layer, and all other work items as required to complete the work in place as shown on the Plans and Specifications. Item No. 12 Construct 6 -Inch Thick AC Pavement: Work under this Item shall include tack coat, levelling course placement, compaction, base and finish courses, and all other work items as required to complete the work in place as shown on the Plans and Specifications. Item No. 13 Landscaping and Irrigation: Work under this Item shall include all work (landscaping, irrigation, soil backfill, slope grading, compaction, etc.) that are shown on the B- 5204 -S plan sheets. Other items of work that are not shown on the plan sheets, but are necessary in order to complete the work shown on the Plans, shall have been included in the bid and no additional compensation shall be made. Item No. 14 Install 6 -Inch PVC Piping: Work under this Item shall include all materials, tools, equipment, and labor for subgrade- trench excavation and disposal, relocate interferring utilities and irrigation components as needed, install piping and pipe anchors and angles, make connections, trench backfill and compaction, install top soil, restore ground surface with new sod identical to the adjoining variety, and all other work items as required to complete the work in place as shown on the Plans and Specifications. Item No. 15 Install 12' X 12" Brooks Drain Inlet: Work under this Item shall include all materials, tools, equipment, and labor for subgrade excavation and disposal, relocate interferring utilities and irrigation components as needed, install drain inlet, install elbows and angles as required, make connections, install top soil, restore ground surface with new sod identical to the adjoining variety, and all other work items as required to complete the work in place as shown on the Plans and Specifications. Item No. 16 Reconstruct Existing Storm Drain Inlet/Riser: Work under this Item shall include all new materials and parts, tools, equipment, and labor to complete all work detailed on the plans, make all necessary connections and adjustments, and complete all other work items as shown on the Plans and all applicable Specifications. Item No. 17 Install Wheel Stop: Work under this Item shall include all materials, tools, equipment, and labor for furnishing, installing, and anchoring the new concrete wheel stops and all other work items as required to complete the work in place as shown on the Plans and Specifications. Item No. 18 Install Parking Lot Striping, Legends and Pavement Markers: Work under this Item shall include all materials, tools, equipment, and labor for all pavement striping and marking work and raised pavement markers shown on Plans. Item No. 19 Install Parking Lot Signage: Work under this Item shall include the cost of all materials, tools, equipment, and labor for all signage and aluminum slotted break -away sign posts required by the Plans installed and completed in place 0 0 SP 12 OF 15 Item No. 20 180 -Day Plant Establishment and Maintenance: Work under this Item shall include all plant replacements and maintenance work as required to complete the work in place as shown on the Plans and Specifications. Item No. 21 As -built Drawings: 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 AutoCADD format 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." 201 -7 NON - MASONRY GROUT 201 -7.2 Quick Setting Grout. Add to this section: "The Contractor shall grout the area between an existing reinforced concrete structure and the new storm drain pipe with a quick setting grout." SECTION 214 - -- PAVEMENT MARKERS 214-4 NONREFLECTIVE PAVEMENT MARKERS Add to this Section: "All new non - reflective pavement markers types A and AY shall be ceramic." 214 -5 REFLECTIVE PAVEMENT MARKERS Add to this Section: "All new reflective pavement markers shall have glass- covered reflective faces or be 3M Series 290." • PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials SP 13 OF 15 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. newport - beach.ca.us /GSV /Frachised Haulers.htm." 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. 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 1-1/2 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. i SP 14 OF 15 SECTION 302 - -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: "The asphalt concrete (A.C.) used for surface caps shall be III- C3- ARt000. The A.C. for base course shall be III -B2 -AR -4000. All cracks % -inch or greater in width shall be cleaned, have weed kill applied and sealed with a hot - applied crack sealant approved by the Engineer. In residential areas no highway rated equipment or trucks are to be used (eg. no super trucks). Use truck and trailers or transfers. Use of heavier rated trucks must be approved by Engineer. The top 1%: inches of asphalt shall be placed in a separate lift. Holes, spalls, and cracks greater than 1 -inch in width shall be filled and compacted 95% minimum with an F -AR 4000 asphalt concrete mix. The pavement shall then be cleaned with a power broom." 302 -5.4 Tack Coat. Add to this section: "Prior to placing the asphalt concrete patches, a tack coat of Type SS -1 h asphaltic emulsion at a rate not to exceed one tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 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 3,000 psi." 303 -5.5.2 Curb. Add to this section: "Where applicable, the Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" or "W" for sewer or water lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 718- 3402." 303 -5.5.4 Gutter. Add to this section: "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." SP 15 OF 15 SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 310 -5.6.7 Layout, Alignment, and Spotting. Modify and amend this section to read: "The Contractor shall perform all layout, alignment, and spotting. The Contractor shall be responsible for the completeness and accuracy of all layout alignment and spotting." 310 -5.6.8 Application of Paint. Add to this section: "Paint for parking lot striping and pavement markings shall be white Formula No. 2600A9 Duraline 2000 and yellow Formula No. 2601A9 Duraline 2000 as manufactured by Morton. These paints shall be applied at 15 mils wet each coat. A minimum of two coats is required. Striping for school crosswalk shall be sprayable reflectorized thermoplastic. The sprayable refiectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.90 mm minimum thickness. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re- install "NO PARKING, TOW- AWAY" signs and re- notify the affected residents, at the Contractor's sole expense. In addition, if the Contractor removes/covers /damages existing striping and/or raised pavement markers outside of the work area, he shall re- stripe /replace such work items at no cost to the City." PART 4 SECTION 400 -- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General 400 -2.1.1 Requirements. Add to this section: "The Contractor shall use crushed aggregate base as the base materials." 0 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. Y March 10, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Fong Tse, Principal Civil Engineer 949-644 -3321 or ftse @city.newport- beach.ca.us SUBJECT: COMMUNITY YOUTH CENTER PARKING LOT REHABILITATION - AWARD OF CONTRACT NO. 4132 Recommendations: Approve the project plans and specifications. 2. Award Contract No. 4132 to L.M.T. Enterprises, Inc., dba Tyner Paving Company for the Total Bid Price of $107,830.00 and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $7,170.00 (6.6 %) to cover the cost of unforeseen work. Discussion: At its January 27, 2009 regular meeting, the City Council rejected all bids previously received for this project due to a clerical error made by City staff and directed staff to re- advertise the work. At 10:00 a.m. on February 12, 2009, the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low L.M.T. Enterprises, Inc., dba Tyner Paving Company $107,830.00 2 D & L Paving $107,905.00 3 All American Asphalt $108,298.00 4 Hillcrest Contracting $111,495.00 5 E.C. Construction Company $123,927.00 6 Golden State Constructors, Inc. $126,471.00 7 Elite Bobcat Services, Inc. $127,300.00 8 GMC Engineering, Inc. $128,000.00 9 Century Paving, Inc. $128,787.00" • 0 Community Youth Center Parking Lot Rehabilitation —Award of contract No. 4132 March 10, 2009 Page: 2 10 NPG Corporation 11 Haitbrink Asphalt Paving, Inc. 12 Hardy & Harper, Inc. 13 Excel Paving Company $137,999.00 $138,217.70 $149,000.00 $149,958.00 " Corrected Bid Amount is $128,727.00 The low total bid amount is two percent (2%) percent below the $110,000 Engineers Estimate. The low bidder, Tyner Paving Company, possesses a California State Contractor License Classification "A° as required by the project specifications. A check of the Contractor's references indicates they have satisfactorily completed similar paving projects for other local public agencies. The existing Community Youth Center (CYC) parking lot is heavily used by Harbor View Elementary School students and parents and CYC users. Although the existing parking lot has served its purposes for many years, its perpendicular parking configuration is not the most efficient design for high volume student drop -off and pick -up queuing on school days. This rehabilitation project will extend the existing parking lot pavement eastward to accommodate a circular drive aisle for improved traffic flow and curb -side loading and unloading. The existing pavement ribbon gutter will be eliminated for improved surface drainage. The portion of Iris Avenue roadway adjacent to the Grant Howald Park athletic field will be striped to maintain the current overall number of parking spaces available at the site. With improved traffic circulation and ease of use, staff is hopeful that parents will use this parking lot as an alternate drop -off and pick -up location which could potentially reduce some of the routine congestion on Goldenrod Avenue during peak periods on school days. Pursuant to the Contract Specifications, Tyner will have twenty-five consecutive working days to complete the construction. Since the parking lot must be completed when the CYC reopens, the contract allows Tyner to work after -hours to expedite work completion. Liquidated damages in the amount of $1,000 per calendar day will be assessed if Tyner fails to complete the work within the allotted time. Environmental Review: The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This exemption covers the repair, maintenance and minor alteration of existing public facilities with negligible expansion. • 0 Community Youth Center Parking Lot Rehabilitation — Award of contract No. 4132 March 10, 2009 Page: 3 Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work two City prepared notices are distributed by the contractor to both residents and the nearby elementary school. The first notice will be distributed ten days before work and the second notice 48 hours prior to starting work. Other Costs: In addition to the contract costs, $1,000 is included for printing and other incidentals. Surveying, geotechnical engineering, and consultant inspection services are not required for this project Fundinra Availability: There are sufficient funds available in the following account(s) for the project: Account Description Account Number Amount General Fund 7011- C4120806 $ 116,000.00 Total: $ 116,000.00 Proposed uses are as follows: Vendor Purpose Amount Tyner Paving Company Construction Contract $ 107,830.00 Tyner Paving Company Construction Contingency $ 7,170.00 Various Printing and Incidentals $ 1,000.00 Total: $ 116,000.00 Prepared by: Submitted � t G. Badum Printoal Civil Engineer ( ,Public Works Director Attachment: Project Location Map January 13, 2009 Reject All Bids Council Report CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT ,y City Council i Item �o to January 27, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Fong Tse, Principal Civil Engineer 949 - 644 -3321 orftse @city.newpod- beach.ca.us SUBJECT: COMMUNITY YOUTH CENTER PARKING LOT REHABILITATION — REJECT ALL BIDS FOR CONTRACT NO. 4132 Recommendations: Reject all received bids_ 2. Direct staff to re- advertise the project for bids. 3. Direct staff to return the Cashiers Check (Bid Bond) in the amount of $12,500.00 submitted by Frank Shariat General Engineering_ Project Description: The existing Community Youth Center (CYC) parking lot is used by Harbor View Elementary School students, parents and CYC users. This parking lot, with its perpendicular parking configuration and dead -end design, does not efficiently serve the center in accommodating the high volume of student drop -off and pick -up queuing on school days. A rehabilitation project has been developed to extend the existing parking lot pavement eastward to accommodate a circular drive aisle for improved traffic flow and curb -side loading and unloading. The portion of Iris Avenue roadway adjacent to the Grant Howald Park athletic field will be striped to maintain the current overall number of parking spaces available on site. With improved traffic circulation and ease of use, staff is hopeful that parents will use this parking tot as an alternate drop -off and pick -up location which could potentially reduce some of the routine congestion on Goldenrod Avenue during peak periods on school days. Discussion on Bid Rejection: Two projects were scheduled to bid on January 12, 2009, one at 10.00 am and one at 11:00 am. The CYC Parking Lot Rehabilitation was scheduled for 10:00 am_ Due to duplicate printing of the above bid package, an error in submittal times occurred. After the 10:00 am bid opening, the City Clerk's Office notfied Public Works that two contractors submitted bids on the CYC Parking Lot Rehabilitation for an 11:00 bid opening. Upon consultation with the City Attomey's Office, these two bids were opened. Common -ty Youth Center Parking Lot Rehabilitation — Reject All Bids For Contract No, 4132 January 27. 2009 Page: 2 NPG, Inc. (NPG) who submitted the bid at 11:00 am was the apparent low bidder with a bid of $99,534.00. Staff spoke to NPG and NPG admitted attending the 10.00 am bid opening. While NAG did not confirm nor deny hearing the bid prices read during the 10:00 am bid opening, Staff could not confirm NPG's claim that its bid package was seated before the 10:00 am bid opening as it was time stamped by the City Clerk's office at 10:29 am. NPG's bid package did contain a "Notice Inviting Bids" page that showed an 11:00 am bid opening. In light of the confusion over the bid opening time and the inability of Staff to prove conclusively that NPG's bid was not revised before it was accepted by the City Clerk's Office, Staff recommends that alf bids be rejected to avoid any sense of impropriety and the project be re- advertised. The reason for this highly unusual situation is as follows: the draft copy of the bid package originally called for an 11:00 am opening. When it was discovered that another project had a bid opening on the same day and time, the CYC bid packages were hand corrected to change the bid opening to 10:00 am. Unfortunately, five bid packages with the 11:00 am bid opening that were stored in a back area were overlooked. When additional bid packages were needed, these uncorrected bid packages were released to bidders. Staff believes that with a two week re- advertisement, the project can still be completed around the time of the CYC reopening_ Prepared by: Civil Engineer Submitted by: Public Works Director V� N r GRANT HOWALD PARK PROJECT 1/11 - LOCATION MAP NOT TO SCALE COMMUNITY YOUTH CENTER PARKING LOT REHABILITION 3000 FIFTH AVENUE, CORONA DEL. MAR C -4132