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HomeMy WebLinkAboutC-4365 - McFadden Square Phase IID C G � ��� j - 'ti j ,' [I�� (�Z w k 4Cj ; :'gin 1 TI OFFICE OF THE E CITY CLERK Leilani I. Brown, MMC April 29, 2011 Mr. Thomas Nanci EBS Concrete, Inc. 1320 E. 6th Street, #100 Corona, CA 92879 Subject: McFadden Square Phase II (C -4365) Dear Mr. Nanci: On April 27, 2010, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on May 4, 2010. Reference No. 2010000210712. The Surety for the contract is Western Surety Company and the bond number is 7611873. Enclosed is the Faithful Performance 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 EXECUTED IN FOUR COUNTERPARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT McFADDEN SQUARE PHASE -II CONTRACT NO. 4365 BOND NO. 7611873 FAITHFUL PERFORMANCE BOND BOND 417611873 PREMIUM: $434 The premium charges on this Bond is $ 434.00 being at the rate of $ 13.50 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to E B S Concrete, Inc., hereinafter designated as the "Principal ", a contract for construction of McFADDEN SQUARE PHASE -II, Contract No. 4365 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. 4365 and the teens thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND , 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 Thirty -Two Thousand, One Hundred Fifty and 001100 Dollars ($32,150.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 32 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 2ND day of NOVEMBER 2009. E B S Concrete, Inc. (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety C/O ZURICH 1400 AMERICAN LANE' SCHAUMBURG, IL 60196 Address of Surety (818) 409 -2800 Telephone A ) -;P r Drw�S CIA -nfc/ -4E5061'2 D61'2 A ori Si nature /Title . �' 64p� Authorized Age gnature CHARLES L. FLAKE /ATTORNEY —IN —FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF C ONTRAC TOR AND SURETY MUST BE ATTACHED 33 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT G�G+a nGg �G ow •ate 35,. �aGaLaa4�., yYq, � y, y,,, c3S,. �4 h a• State of California County of Orange On 11 -02 -09 before me, Jan C. Moran, Notary Public Date Here Insert Name and Wo of the Ofllcer personally appeared Charles L. Flake Y ta:r JAN C. MORAN U COMM. 91789349 NOTARY PUBLIC CALIFORNIA +0 ORANGE COUNTY 0 ran` COMM. EXPIRES FEB. 17, 20121 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /sheAhey executed the same in his /her /their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Ott" C' t 4u, Signature of Notary Public OPTIONAL Ja C . Moran 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 term 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 ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 'RIGHTATHUMBP•RINT LnOSSIGNEAn Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: �RIGNTJHUMBRRII IT .- �OF,BIGNERI I C2W7Naiumi Notary Ass «Aadon•9350.De Soto AVe.,P.O.ea x2402•CheMs rO,CA91313.240 -• ..Nelion Notaryory ltemp5907 ReoMer.CdlTbI1 -Fml 0M76-66V Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h e d� by nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULB S�l�dn e S OOD, all of Anaheim, California, EACH its true and lawful agent and a y d deliver, for, and on its behalf as surety, and as its act and deed: any an ° "n de xecution of such bonds or undertakings in pursuance of these prose I in i , as fully and amply, to all intents and purposes, as if they had been d U t 12 h ularly elected officers of the Company at its office in Baltimore, Md., i .Ip er ° attorney revokes that issued on behalf of Richard A. COON, Charles L. FLAKE, ew P. FLAKE, Lexie SHERWOOD, dated November 7, 2005. The said Assistant es Qc reby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of November, A.D. 2006. ATTEST: '�o vrvos, o ° V, IKJ :' 4wm State of Maryland ss: City of Baltimore FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary By: William J. Mills Vice President On this 15th day of November, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, 'v FrcAdei t, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 POA -F 012 -4150H State of California County of Riverside On November 2, 2009 before me, Jeff Lee, a notary public, personally appeared Thomas Nanei, 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 the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my hand and official seal. Signature g \ (Seal) CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT AN,% 2 'r ?non Agenda Item No. 9 April 27, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Fong Tse, Principal Civil Engineer 949 -644 -3321 or ftse @newportbeachca.gov SUBJECT: MCFADDEN SQUARE PHASE 2 — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4365 Recommendations: 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 3. Release the Faithful Performance Bond 1 year after Council acceptance. Construction Contract Summary: Construction Final Cost at Benchmark Contract Time Over Contract Award Completion Target Actual Time or (Under) Amount da s $32,150.00 $33,002.36 Contract Contract 25 (20) +10% +2.65% Discussion: On October 27, 2009, the City Council authorized the award of the McFadden Square Phase -II improvements to EBS Concrete, Inc. The contract consisted of removing and disposing of the existing dark cobble stones and installing a second ring of granite tiles adjacent to those installed under Phase -I. A total of fifty -six (56) blank donor tiles, fifty - five (55) engraved "marine" tiles and a band of new custom -cut half -sized cobble stones were installed. McFadden Square Phase -11 Contract No. 4365 - NOC April 27, 2010 Page 2 y $r� The construbtion 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: $32,150.00 Actual amount of bid items constructed: $32,300.00 Total amount of one change order: $ 702.36 Final contract cost: $33,002.36 One change order was approved in the amount of $702.36 to purchase two custom -cut donor tiles to replace two engraved (Phase -I) tiles that contained typographical errors. These replacement tiles will be installed by others prior to the Memorial Day weekend. A summary of the project schedule is as follows: Estimated Completion Date per July 2009 Master October 15, 2010 Schedule: Project Awarded for Construction: October 27, 2009 Estimated completion per contract: March 19, 2010 Actual substantial construction completion date: March 19, 2010 To maintain consistency, the engraving of donor names on the new tiles will be performed under separate purchase order(s) by the company that engraved the Phase -I tiles. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementation Guidelines. This exemption covers the repair, maintenance and minor alterations of existing public facilities with negligible expansion. Funding Availability: In addition to the construction contract with EBS, this project involved other project expenses. Total project expenses are summarized as follows: Construction $ 33,002.36 Conceptual Design — Peridian International, Inc. $ 7,510.78 Incidentals $ 338.73 Total Project Cost $ 40,751.09 McFadden Square Phase -II Contract No. 4365 - NOC April 27, 2010 Page 3 Funds for the construction contract were expended from the following account: Account Description General Fund Prepared by: Fo e Pri i al Civil Engineer Attachment: Location Map Account Number Amount 7015- C4002005 $ 33,002.36 Total: $ 33,002.36 Submitted by: 0 MCFA®®EN SQUARE PHASE 99 CI A®® ®�e CETYEP N®�9AEUY A ® ®8YB ®PAL DONOR YULE BAND � �^ PROJECT 011- �P v v, NOT TO SCALE CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani 1. Brown, MMC April 28, 2010 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completions for the following projects: • McFadden Square Phase II (C -4365) Balboa Boulevard pavement Rehabilitation (C -4144) Please record the enclosed documents and return them to the City Clerk's office. Thank you. Sincere y, ON ��-wk Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and EBS Concrete, Inc., of Corona, California, as Contractor, entered into a Contract on October 27, 2009. Said Contract set forth certain improvements, as follows: McFadden Square Phase II (C -4365 Work on said Contract was completed, and was found to be acceptable on April 27, 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. Works Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on Rgrll 9,10 ro , at Newport Beach, California. BY�Jl%1 City Clerk CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda October 27, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Fong Tse, Principal Civil Engineer 949 -644 -3321 orfts @NewportBeachCa.gov SUBJECT: MCFADDEN SQUARE PHASE -II — AWARD OF CONTRACT NO. 4365 Recommendations: 1. Approve the project drawings and specifications. 2. Declare the apparent low bid submitted by C.A. Odell Contractor as nonresponsive. 3. Declare the 2nd low bid submitted by EBS Concrete, Inc. as the low responsive bid. 4. Award Contract No. 4365 to EBS Concrete, Inc. for the Total Bid Price of $32,150.00 and authorize the Mayor and the City Clerk to execute the contract. 5. Establish an amount of $5,850.00 to cover the cost of unforeseen work. Discussion: At 10:00 A.M. on October 8, 2009 the City Clerk opened and read the following six bids for this project: BIDDER Low C.A. Odell Contractor 2 EBS Concrete, Inc. 3 Simich Construction, Inc. 4 ATOM Engineering Construction 5 Green Giant Landscape, Inc. 6 Hillcrest Contracting TOTAL BID AMOUNT $ 31,980.00* $ 32,150.00 $ 34,025.00 $ 35,979.00 $ 38,500.00 $ 39,950.00 * Contractor explained to staff after the bid opening that as -bid amount of $15,400.00 did not include labor. An examination of the received bids immediately after the bid opening discovered that C.A. Odell Contractor did not submit all of the documents required at the time of bid opening. The bid submitted by C.A. Odell Contractor was therefore deemed nonresponsive. McFadden Square Phase -II —Award of Contract No.4365 October 27, 2009 Page: 2 rlt t'hfryFh'�ibi% 'es onsive total bid submitted b EBS Concrete, Inc. EBS Is twenty ,,,., , 4. _.t? Y ( ) � Y Percent lower than the $40;000 Engineer's Estimate. The difference between the estimate and low bid price may reflect the current economic volatility. The low bidder, EBS, possesses a California State Contractors License Classification "A" as required by the project specifications. A check of EBS' references indicates that they have satisfactorily completed similar public works projects for the City and other public agencies. Unlike Phase I where granite tiles with engraved donor names were installed, this project will install a second interior "ring" of blank donor tiles and alternating engraved "fish" tiles adjacent to those installed under Phase I. There are currently six (6) donor names awaiting engraving. The City will arrange to have these names engraved separately by the vendor who engraved Phase I. Whereas a ten percent (10 %) contingency amount for typical projects would be sufficient, a ten percent contingency on this small project, however, could be easily depleted by minor field changes. Staff therefore requests that an eighteen percent ($5,850.00) contingency amount be approved. Pursuant to the Contract Specifications, the Contractor will have twenty -five (25) consecutive working days to complete the work. Environmental Review: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304 of the CEQA Guidelines. This exemption covers the minor alteration of existing landscaping. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. McFadden Square Phase -II — Award of Contract No.4365 October 27, 2009 Page: 3 Funding Availabilitv: There are sufficient funds available in the following accounts for the project: Account Description Account Number Amount General Fund 7015- C4002005 $ 38.000.00 Total: $ 38,000.00 Proposed uses are as follows: Vendor Purpose Amount EBS Concrete, Inc. Construction Contract $ 32,150.00 EBS Concrete, Inc. Construction Contingency $ 5,850.00 Total: $ 38,000.00 Prepared by: I Civil Engineer Attachments: Project Location Map Submitted by: \\�9 /l "Y LO PROJECT 015, a I MCFADDEN SQUARE PHASE II ADDITIONAL DONOR TILE BAND I )"`. 's- d 0 i IO E . n 1 110% i,�: OFFICE OF THE CITY CLERK Leilani 1. Brovrn, MMC June 15, 2010 Mr. Thomas Nanci EBS Concrete, Inc. 1320 E. 6th Street, #100 Corona, CA 92879 Subject: McFadden Square Phase II (C -4365) Dear Mr. Nanci: On April 27, 2010, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on May 4, 2010, Reference No. 2010000210712. The Surety for the contract is Western Surety Company and the bond number is 7611873. Enclosed is the Labor & Materials Payment Bond. Sincerely, I2 v'4INV_v X, �/vtr / Leilani I. Brown, MMC City Clerk Enclosure 3300 Newport Boulevard . Post Office Box 1768 . Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 . Fax: (949) 644 -3039 • www.city.newport- beach.ca.us RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in Official Records, Orange County Tom Daly, Clerk- Recorder IGI!! III! IllliillilllllllllllllllllllllllllVlilll !IIIIIIilllll NO FEE 2010000210712 422 pin 05/04/10 63 409 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and EBS Concrete, Inc., of Corona. California, as Contractor, entered into a Contract on October 27, 2009. Said Contract set forth certain improvements, as follows: McFadden Square Phase II (C -4365 Work on said Contract was completed, and was found to be acceptable on April 27, 2010, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. Works Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on � I-I1 at Newport Beach, California. BY akhk Q- City Clerk :V a O 0 C) M 0 i� I i� f ., EXECUTED IN FOUR COUNTERPARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MCFADDEN SQUARE PHASE -II CONTRACT NO. 4365 BOND NO. 7611873 LABOR AND MATERIALS PAYMENT BOND BOND 117611873 PREMIUM: INCLUDED IN PERFORMANCE BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to E B S Concrete, Inc., hereinafter designated as the "Principal," a contract for construction of McFADDEN SQUARE PHASE -II, Contract No. 4365 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. 4365 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, FIDELITY AND DEPOSIT COMPANY OF MARYLAND 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 Thirty -Two Thousand, One Hundred Fifty and 001100 Dollars ($32,150.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. W. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 el. 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 2ND day of E B S Concrete, Inc. (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety C/O ZURICH 1400 AMERICAN LANE SCHAUMBURG, IL 60196 Address of Surety (818) 409 -2800 Telephone CHARLES L. FLAKE /ATTORNEY —IN —FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACT ®R AND SUREYV MUST BE ATTACHED 29 106/4- ACKNOWLEDGMENT ............................................... ............................... State of California County of ) ss. On Public, personally appeared before me, Notary ,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. Signature (seal) ................................................. ............................... OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: _ Trustee _ Power of Attorney CEO/CFO/COO _ President / Vice - President / Secretary / Treasurer Other: Other I 30 Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT ................................................ ............................... State of California County of On Public, personally appeared ss. before me, Notary 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 helshe /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. Signature (seal) ................................................ ............................... OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification _ Paper Identification _Credible Witness(es) Capacity of Signer: _ Trustee Power of Attorney _ CEO /CFO /COO _ President / Vice - President / Secretary / Treasurer Other: Other Information: 31 Thumbprint of Signer ❑ Check here if no thumbprint or fingerprint is available. Q-.ALP F®U$It' UA ALL - PURPOSE ACKMOfl L E®Q901FiIlENT State of California County of Orange On 11 -02 -09 before me, Jan C. Moran, Notary Public Date Hare Insen Name One Title of the Officer personally appeared Charles L. Flake U JAN C. MORAN U NOTARY PUBLIC 78AL -CALIFORNIA ORANGE COUNTY 0 : a � COMM. EXPIRES FEB. 17, 2012 1 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/herAheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.. Signature C, ' ' "2 fry Place Notary Seal Above Signature of Notary Public OPTIONAL Ja C. Moran Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): — ❑ Partner — ❑Limited ❑General ❑ Attorney in Fact O Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 7noTas'lUG'N'BEP'n 0 Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: IRlriHTTHl1MERL] 'PRLNIT _ (OF SIGN ®2007Nalloaal Notary ASVOSaVOn•S350 De Soto A"., P.O. Box 24U- ChatwroM,CA 013132402• x .Nabaa%loteryorg Item H5007 Reorder.CaIITO0.Free1 -80WS 27 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date h e =by, nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULB n e OOD, all of Anaheim, California, EACH its true and lawful agent and a d d deliver, for, and on its behalf as surety, and as its act and deed: any an ° n e xecution of such bonds or undertakings in pursuance of these prese 1 in i as fully and amply, to all intents and purposes, as if they had been d rs t Macke ularly elected officers of the Company at its office in Baltimore, Md., ip er ° attorney revokes that issued on behalf of Richard A. COON, Charles L. FLAKE, ew, P. FLAKE, Lexie SHERWOOD, dated November 7, 2005. The said Assistant Section 2, of the By -] certify that the extract set forth on the reverse side hereof is a true copy of Article VI, and is now in force. IN WITNESS WHEREOF, the said Vice- President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of November. A.D. 2006. ATTEST: �u otvosr. o � r ltp s 4.yn. State of Maryland . City of Baltimore ss. FIDELITY AND DEPOSIT COMPANY OF MARYLAND 9" �_). Eric D. Barnes Assistant Secretary By: J William J. Mills Vice President On this 15th day of November, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly co::: , ess; fled and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the sea] affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. - i Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 POA -F 012 -4150H State of California County of Riverside On November 2, 2009 before me, Jeff Lee, a notary public, personally appeared Thomas Nanei, 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 the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my ha4d and official seal. Signature A, Ila (Seal) Goo �Lo 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 10AM on the 8th day of October, 2009, at which time such bids shall be opened and read for McFadden Square Phase -II Title of Project Contract No. 4365 $40,000 Engineer's Estimate by .Ohen G. Badum is Works Director Prospective biddefs, may obtain one set of bid documents for $10 at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project. "A" For further information, call Fong Tea, Project Manager at (949) 6443321 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.NewportBeachCA.gov CLICK: Online Services /Bidding & Bid Results CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT McFADDEN SQUARE PHASE -II CONTRACT NO. 4365 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND .............................................................................. ..............................5 DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ........................................................ .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER ............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIAL PROVISIONS ................................................................. ...........................SP -1 9 IIIIA CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT McFADDEN SQUARE PHASE -II CONTRACT NO. 4365 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 prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids angl to waive any minor irregularity or informality in such bids. Pursuant to Public Contrac Code Section 22300, at the request and expense of the Contractor, securities shall Ile permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited In a state or federal chartered bank in California, as the escrow agent. B. In accordance with the California Labor Code (Sections 1770 at 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 at 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. 787771A Contractor's License No. & Classification EBS Concrete, Inc. Bid er / President Authorized Signature(fitle Thomas Nanci October 6, 2009 Date BOND #08739262 PREMIUM NIL CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT McFADDEN SQUARE PHASE -11 CONTRACT NO. 436 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, eicecutors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal Sum of TEN PERCENT OF AMOUNT BID, Dollars ($ 107 ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of McFadden Square Phase -11, Contract No. 4365 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, 'arid bhginai iisurarice "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 6TH day of OCTOBER 2009. EBS CONCRETE, INC. �S Name of Contractor (Principal) Authorized Signature/Title FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety C/O ZURICH 1400 AMERICAN LANE SCHAUMBURG, IL 60196 Address of Surety (818) 409 -2800 Telephone A prized Agent Signature RICHARD A. COON /ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) ACKNOWLEDGMENT State of California County of ss. On before 'me, Public, personally appeared Notary proved to me on the basis of satisfactory evidence'to be the person(:) wh name(s) is/are subscribed to the within instrument and acknowledged to me that he /s /they executed the same in his /her /their authorized capacity(ies), and that by his /her /th ' signatures( :) on the instrument the person(s), or the entity upon behalf of which the per n(s) acted, executed the instrument. I certify under_ PENALTY OF PERJURY under the laws o the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ... ............................... 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 Identftation Credible Witness(es) tseai) INFORMATION Capacity of Signer. Trustee Power of Attorney CEO /CFOICOO President / Vice- President I Secretary / Treasurer Other: Other Information: Thumbprint of Signer Check here If no thumbprint or flrgerprint Is available. ACKNOWLEDGMENT ...................... one ............ now go" .... .... Oman .. age ......... New .. awe 1 State of California County of SS. On before me, Public, personally appeared Notary proved to me on the basis of satisfactory evidence to be the person(s) whose (s) is /are subscribed to the within instrument and acknowledged to me that he /s ey executed the same in his/her /their authorized capacity(ies), and that by his/her /t signatures(s) on the instrument the person(s), or the entity upon behalf of which the on(s) acted, executed the instrument certify under PENALTY OF PERJURY under the law of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Date of Document Type or Title of Document Number of Pages in Document in a Foreign Type of Satisfactory Personally Kr Paper Identifi Credible Witr (seal) OPTIONAL INFORMA77ON with Paper Identification Thumbprint of Signer \' Check here If Capacity of Signer: no thumbprint Trustee or fingerprint Power of Attorney Is available. CEO /CFOICOO President / Vice - President / Secretary I Treasurer Other: Other Information: 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT U>"d' � U' U' d' "U d d' N U y U J" 'd" U did U: y dC�Y mot➢;" e% STATE OF CALIFORNIA County of Orange On 10 -06 -09 before me, Lexie Sherwood No Public . Dale Here Inaell Name and Title of the Officer personally appeared Richard A. Coon Nam(s) of Signer(s) LEXIE SHERWOOD COMM. #1858389 NOTARY Pueuo 0 CAUFOW" ORANGE COUNTY Comm. Exp. JULY 27, 2013 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature �!.� 0� r Place Notary Seal Above Signature of Ndfarffutdic 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 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner— ❑ Limited Cl General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of Number of Pages: Signers Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fad ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here 02007 Nalb l Notary Asa hon • 9350 De Soto Ave.. P.O. Buz 2402 • Chatsworth. CA 913132402 • wvrw.Nati alNotary.orgfd #5907 ReoN r -Call ToN -r-ree 1- 80"78.8927 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice = Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages .... and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attomey -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 6TH day of OCTOBER 1 2009 Assistmrt Secretary State of California County of Riverside On October 7, 2009 before me, Jeff Lee, a notary public, personally appeared Thomas Nanci, 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 the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my hand and official seal. Signature \, (Seal) A. 5 ��4\00\0 • �o�` . 0 C" =0&AMBNum=387&AIt5rc= �T Rating: A (Excellent) Long -Term: a+ Affiliation Code: 9 (Group) Outlook Stable Financial Size Category. XV ($2 Billion or greater) Action: Affirmed Outlook Stable Date: December 11, 2008 Action: Affirmed Effective Date: December 11, 2008 * Denotes UndsrReviawRatings See rating definitions Visit our NewsRoom for the latest news and press releases for this company and its A.M. Best Group. .i -- ­ -­­ --- -- ----- - . ---- - 1. - - " M �', ',i- - I sr x AM �;A;; .1 - - 1. , A 'A CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT McFADDEN SQUARE PHASE -II CONTRACT NO. 4365 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construc jon, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: EBS Concrete, Inc. Bidder P /President Authorized SignaturelTitle Thomas Nanci CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT McFADDEN SQUARE PHASE -II CONTRACT NO. 4365 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidders Name EBS Concrete, Inc. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number East 6th Street Median Landscape Project Description Median Island Improvements Approximate Construction Dates: From 102008 To: 06/2009 Agency Name City of Corona Contact Person Linda Abashaban Telephone (951) 739 -4960 Original Contract Amount $,1,738,209 Final Contract Amount $ 2,738,209 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO / NO No. 2 Project Name /Number Grand Ave Q Amar Road / Temple Ave Intersection Improvements Project Description Street Improvements Approximate Construction Dates: From 09/2008 To: 05/2009 Agency Name City of walnut Contact Person Jason Welday Telephone (626) 331 -8323 Original Contract Amount $ 1,584,665 Final Contract Amount $ 1,584,665 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name /Number Street Improvements on Juanita St, Anita St, Main St, Avenida Requero & Adella Streets Project Description Street Improvements Approximate Construction Dates: From 01/2009 To: 04/2009 Agency Name City of Loma Linda Contact Person Jarb Thaipejar Telephone (909) 7994400 Original Contract Amount $ 451,000 Final Contract Amount $ 451,000 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NO / NO 10 No. 4 Project Name/Number Project Description Approximate Construction Dates: From To: Agency Name Contact Person Telephone ( ) Original Contract Amount $ Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 6 Project Name /Number Project Description Approximate Construction Dates: From Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount $. If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction 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 apprai al o he Contractors current financial conditions. 1 EBS Concrete, Inc. /President Bidder Authorized Signaiure/Title Ihomas Nand 12 Experience Resume Pat Kibler Public Works Superintendent Experience 30+ years experience - Pat has several years of experience in all aspects of the construction industry including: new construction projects, reconstruction projects, and developmental projects. - His education includes a combination of schooling, hands on work in the field, and several years of management experience. EBS 1320 E 6`' St #100 Corona, CA 92879 (951) 279 -6869 (714) 863 -0156 Cell CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT McFADDEN SQUARE PHASE -II CONTRACT NO. 4365 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of Orange ) Thomas Nanci being first duly sworn, deposes and says that he or she is President Of EBS Concrete, Inc. , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that 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 arty 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 to c Ca' f a that the foregoing is true and correct. EBS Concrete, Inc. / President Bidder Authori -ad Signature(fitle Thomas Nanci Subscribed and swom to (or affirmed) before me on this_day of 2009 by , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. [SEAL] 13 Notary Public My Commission Expires: State of California County of Riverside On October 7, 2009 before me, Jeff Lee, a notary public, personally appeared Thomas Nanci, 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 the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my hand and official seal. b 5 Signature �Co`�,,� (Seal) CP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT McFADDEN SQUARE PHASE -II CONTRACT NO. 4365 DESIGNATION OF SURETIES Bidders name EBS Concrete, Inc Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): Culbertson Insurance Services, Inc. Fidelity Deposit Company of Maryland 5500 E. Santa Ana Cyn. Rd., Ste. 201 801 N. Brand Blvd., Suite Penthouse Anaheim, CA 92807 -3103 Glendale, CA 91203 (714) 921 -0530 (818) 409 -2800 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT McFADDEN SQUARE PHASE41 CONTRACT NO. 4365 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name BB$ Concrete, Inc. Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 15 Current Record Record Record Record Record Yearof for for for for for Record 2008 2007 2006 2005 2004 Total 2009 No. of contracts 131 148 184 200 250 140 1053 Total dollar Amount of $25,000 $36,622 $47,700 $58,000 $37,000 $24,000 $228,322 Contracts (in Thousands of $ No. of fatalities 0 0 0 0 0 0 0 No. of lost 0 3 5 4 3 7 22 Workday Cases No. of lost workday cases involving 0 0 0 0 0 0 0 permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 15 Legal Business Name of Bidder EBS Concrete, Inc. Business Address: 1320 E 6th St #100, Corona CA 92879 Business Tel. No.: (951) 279 -6869 State Contractor's License No. and Classification: 787771A Title President The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of 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 partnershipfjoint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners/joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners/joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. M CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT McFADDEN SQUARE PHASE -II CONTRACT NO. 4365 ACKNOWLEDGEMENT OF ADDENDA Bidders name EBS concrete, Inc. The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: I Addendum No. I Date Received I Sianature I 17 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT McFADDEN SQUARE PHASE -II CONTRACT NO. 4365 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: Ess Concrete, Inc. Business Address: 1320 E 6th St #100, Corona, CA 92879 Telephone and Fax Number: (951) 279 -6869 / (951) 279 -9112 California State Contractor's License No. and Class: 787771A (REQUIRED AT TIME OF AWARD) Original Date Issued: 11/2000 Expiration Date: 11/30/2010 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: Torn Nanci, Manager 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 Thomas Nanci president 1320 E 6th St #100, Corona, CA 92879 (951) 279 -6869 Corporation organized under the laws of the State of Califomia 18 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 the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner /agency? If so, explain. NO Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes /(NO) Are any claims or actions unresolved or outstanding? Yes No 19 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. EBS Concrete, Inc. Bidder On name of Owner or President gAuth;i� rized President Title October 6, 21 Date before me, / President Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her/their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (SEAL) Notary Public in and for said State My Commission Expires: 20 State of California County of Riverside On October 7, 2009 before me, Jeff Lee, a notary public, personally appeared Thomas Nanci, 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 the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness n Signature CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT McFADDEN SQUARE PHASE -11 CONTRACT NO. 4365 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the 'Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND The City of Newport Beach will not permit a substitute format for these Contract Documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. 21 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT McFADDEN SQUARE PHASE -II CONTRACT NO. 4365 CONTRACT THIS AGREEMENT, entered into this _ day of 2009, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and E B S Concrete, Inc., a California corporation, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: McFADDEN SQUARE PHASE -II The work necessary to complete this contract consists of removing existing cobblestones and subgrade, compacting existing subgrade, constructing reinforced concrete foundation, furnishing and installing new granite tiles and cobblestones, and applying joint stabilizing sealer. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Notice to Successful Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4365, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 22 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Thirty-Two Thousand, One Hundred Fifty and 001100 Dollars ($32,150.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et seq.). E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Fong Tse (949) 644 -3321 CONTRACTOR EBS Concrete, Inc. 1320 E. 61' Street, #100 Corona, CA 92879 951 - 279 -6869 951- 279 -9112 Fax F. INSURANCE Without limiting Contractor's indemnification of City, and rip for 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. 23 City reserves the right to require complete, certified copies of all required insurance policies at any time. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. 2. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. 3. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 4. Coverage Requirements. a. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non - payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. b. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. c. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. 5. Deductibles and Self- Insured Retentions Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and 24 volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 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. `k7 All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 7. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is 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. 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. 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 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 CLERK APPROVED AS TO e e cha Assistant City Attor I\ 9, EBS CONCRETE, INC. By: (DCorporate Officer) Title: f lYESIpENT Print Name: -177FOMA}5 f)A-rd By: (Financ al Officer) Title: Print Name: -77Oryl& n7A oo Please note: Corporations must complete and sign both places above even if each office is held by the same individual 27 EXECUTED IN FOUR COUNTERPARTS BOND #7611873 PREMIUM: INCLUDED IN CITY OF NEWPORT BEACH PERFORMANCE BOND PUBLIC WORKS DEPARTMENT MCFADDEN SQUARE PHASE -II CONTRACT NO. 4365 BOND NO. 7611873 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to E B S Concrete, Inc., hereinafter designated as the "Principal," a contract for construction of McFADDEN SQUARE PHASE-11, Contract No. 4365 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. 4365 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, FIDELITY AND DEPOSIT COMPANY OF MARYLAND 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 Thirty-Two Thousand, One Hundred Fifty and 00/100 Dollars ($32,150.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 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 2ND day of - --- E B S Concrete, Inc. (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety C/O ZURICH 1400 AMERICAN LANE SCHAUMBURG, IL 60196 Address of Surety (818) 409 -2800 Telephone CHARLES L. FLAKE /ATTORNEY —IN —FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 29 oMr ACKNOWLEDGMENT ................................ ............................... 0............... State of California County of }s$. IV Public, personally appeared before me, Notary ,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware 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($), 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. Signature (seal) ................................................ ............................... OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO /CFO /COO President I Vice - President / Secretary 1 Treasurer Other: Other Re Thumbprint of Signer Check here it no thumbprint or fingerprint is avaliable. ACKNOWLEDGMENT .................. ....I.t........................ a . . . . . . . . . . . . . . . Y..... Y......1 State of California County of On Public, personally appeared ss_ before me, Notary 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 /!heir 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. Signature (sea)) ............................................................... 4..............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 Witness(es) Capacity of Signer: Trustee _ Power of Attorney CEO /CFOICOO President I Vice - President l Secretary / Treasurer Other: Other Information: 31 Thumbprint of Signer C] Check here if no thumbprint or fingerprint is available. CALIFORNIA • ACKNOWLEDGMENT Te?v,S,.1%Tv.3.+a ava• sai.. aL :.�i.;.�i��u?xa.:aLcaL:�..O..a .a.m ��.C.�:�.�en State of California County of Orange On 11 -02 -09 before me, Jan C. Moran, Notary Public Date Here Inaen Name and TWe W the OHlaer personally appeared Charles L. Flake JAN C. MORAN COMA. * 1789 UCI � • NOTARY PUBLIC•CALIFORNIA t� G ORANGE COUNTY n COMM. EXPIRESFEB. 17, 2012 Plate Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by histher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Qg'gz C' s+eaaam m nrota'y waK OPTIONAL Ja C. Moran 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 or this form to another document. Description of Attached Document Tice 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 ❑ Attorney in Fact • Trustee • Guardian or Conservator ❑ Other: Signer Is Representing: RICH IGNEPRINT OF F SIGNER �_l Number of Pages: Signer's Name: ❑ Individual • Corporate Officer— Title(s): _ • Partner — ❑ Umhed ❑ General • Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUPABPRINT OF SIGNER 0 ✓b'ei'N'S:t. v4'• /e✓ 24'�G(✓ dRgG'✓ VG ✓G�tJ G/G'V: ✓k..... Od:C• ✓. Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary, in pursuance of authority granted by Article V1, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date e y nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULB n e OOD, all of Anaheim, California, EACH its true and lawful agent and v d deliver, for, and on its behalf as surety, and as its act and deed: any a xecution of such bonds or undertakings in pursuance of the 1 , as fully and amply, to all intents and purposes, as if they had been d a larly elected officers of the Company at its office in Baltimore, Md., ° attorney revokes that issued on behalf of Richard A. COON, Charles L. FLAKE, ew P. FLAKE, Lexie SHERWOOD, dated November 7, 2005. The said Assistant YleYeby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- s said Company, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of November, A.D. 2006. ATTEST: '+'Q OtrGd�i W State of Maryland l ss. City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary �I�NW By: William J. Mills Vice President On this 15th day of November, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly cuuv,'issr�ned and qualified, came WILLIAM I. MILLS, Vice President, and ERIC D. BARNES, Assistant Scc da ft FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Vii; `fAai `!!0 POA-F 012 -4150H Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice- Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attomeys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages .... and to affix the seal of the Company thereto." CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attomey -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. _. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT'COMPANY OF MARYLAND at a meeting duly called and held on the 1 0th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 2ND day of NOVEMBER , 2009 Assrss m( Secretary State of California County of Riverside On November 2, 2009 before me, Jeff Lee, a notary public, personally appeared Thomas Nanci, 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 the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness n Signature EXECUTED IN FOUR COUNTERPARTS BOND #7611873 CITY OF NEWPORT BEACH PREMIUM: $434 PUBLIC WORKS DEPARTMENT McFADDEN SQUARE PHASE-11 CONTRACT NO. 4365 BOND NO. 7611873 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 434.00 being at the rate of $ 13.50 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to E B S Concrete, Inc., hereinafter designated as the "Principal ", a contract for construction of McFADDEN SQUARE PHASE -II, Contract No. 4365 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. 4365 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND , duly authorized to transact business under the laws of the State of Califomia as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Thirty -Two Thousand, One Hundred Fifty and 00(100 Dollars ($32,150.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements. in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. 32 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 2Np day of NOVEMBER , 2009. E B S Concrete, Inc. (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety C/O ZURICH 1400 AMERICAN LANE SCHAUMBURG, IL 60196 Address of Surety (818) 409 -2800 Telephone C'<t %OrYlk�/1�ANt/ —4E50E1sT A ori Si nature/Title �7.64z — Au orind Age gnature CHARLES L. FLAKE /ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 33 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT . a•: at; atavra .:a+L »,_�.s; »:,.- �.+•'as,.as.:� State of California County of Orange On 11 -02 -09 beforeme, Jan C. Moran, Notary Public Dm Hare InseT Nartre are We the Offkw personally appeared Charles L. Flake n 0(s) of slgnerms) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument ft person(s), or the entity upon behalf of JAN C. MORAN which the person(s) acted, executed the instrument. U coMM. q 7769349 • NOT O�QE C U7Y RNIA I certify under PENALTY OF PERJURY under the laws COMM. EXPIRESFES 17, 2012 ' of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Qk C' Plxe Notary Seal Rbova Sign at Notary Pubes OPTIONAL Ja C. Moran Though the information below Is not required by few, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer— Titte(s): — ❑ Partner —❑ Limited O General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHIIMPRINT OF SIGNER Number of Pages: Signers Name: • Individual • Corporate Offioer — Title(s): _ • Partner —❑ Limited ❑ General • Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER I N Power of Attomey FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary in pursuance of authority granted by Article Vl, Section 2, of the By -Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the da h e , y nominate, constitute and appoint Richard A. COON, Charles L. FLAKE, David L. CULB n e OOD, all of Anaheim, California, EACH its true and lawful agent and d deliver, for, and on its behalf as surety, and as its act and deed: any an xecution of such bonds or undertakings in pursuance of these prese 1 ° ' in as fully and amply, to all intents and purposes, as if they bad been di a arly elected officers of the Company at its office in Baltimore, Md., i p V011 attorney revokes that issued on behalf of Richard A. COON, Charles L. FLAKE, ew P. FLAKE, Lexie SHERWOOD, dated November 7, 2005. The said Assistant ��Ye6y certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By- satd Company, and is now in force. IN WITNESS WHEREOF, the said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 15th day of November, A.D. 2406. ATTEST: 'sopo�tvod�. P � T State of Maryland l ss: City of Baltimore f FIDELITY AND DEPOSIT COMPANY OF MARYLAND Eric D. Barnes Assistant Secretary �tl1� By: i William J. Mills Vice President On this 15th day of November, A.D. 2006, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, V;, ;c, President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year fast above written. 4 <gjP0i0iOP ,hggmua` \ POA -F 012.4150H Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attomeys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 1 0th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 2ND day of NOVEMBER 2009 Assislm t $ecrelmy State of California County of Riverside On November 2, 2009 before me, Jeff Lee, a notary public, personally appeared Thomas Nanci, 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 the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my h nd and official seal. Signature (Seal) gR a ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID AL DATEIMMIODIYYYY1 EBSCO -1 11/03/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO LTR ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE INVENSURE Insurance Brokers HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 17912 Mitchell South ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Irvine CA 92614 -6014 REPRESENTATIVES. AUTHOnarseP�tE�17r Phone: 949 -756 -4100 Fax: 949 - 756 -4199 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A Colony Insurance Co an $1,000,000 INSURER B: Unigard Insurance Company X COMMERCIAL GENERAL LIABILITY CLAIMS MADE O OCCUR INSURER Everest National Ins. Cc. 07/07/09 EBS Concrete Inc. 1320 E. Sixth St. #100 Corona CA 92879 INsuRERD $ 100,000 NSURER E: $5,000 PERSONAL& ADV INJURY 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 PNY 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(MMIDDffYj DXTEIMMODNY1 LIMITS REPRESENTATIVES. AUTHOnarseP�tE�17r GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE O OCCUR GL950702 07/07/09 07/07/10 PRE IZES(E m mmnD w) $ 100,000 MED EXP (Any we person) $5,000 PERSONAL& ADV INJURY $1,000,000 GENERAL AGGREGATE $2,00-0,00-0- GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMPIOPAGG $2,000,000 POLICY X P LOG B AUTOMOBILE X LIABILITY ANY AUTO CM009164 04/02/09 04/02/10 COMBINED SINGLE LIMIT (Es mcd� $ 1, 000 , 000 BODILY INJURY (Per Pelt'°^) $ ALL OWNED AUTOS SCHEDULED AUTOS X X HIRED AUTOS NON-OWNEDAUTOS BODILY INJURY (Peraccimm) $ PROPERTY DAMAGE (Per acciaem) $ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ OTHERTHAN EA ACC AUTO ONLY. AGO $ ANY AUTO $ EXCESSNMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE RETENTION 5 $ C WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE CA10000658091 04 / 06 /09 04/06/10 X TORYLIMITS ER E.L. EACH ACCIDENT $ 1000000 EL. DISEASE-EA EMPLOYE $ 1000000 OFFICEWMEMSER EXCLUDED? K Eescri .,,d., SPECIAL PROVISIONS below E.L. DISEASE POLICY LIMIT $1000000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS *except 10 days notice for non - payment of premium. City of Newport Beach, its officers, agents, employees 6 volunteers are additional insureds per attached U462 -0108, CA20480299, Primary /Non - Contributory applies per attached U462 -0108 & 1403650386, Waivers of Subrogation apply per attached 1403650386, WC040306, U047 -0702. Re: McFadden Square Phase II CERTIFICATE HOLDER CANCELLATION NEWPO -1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL 90000HORMUL 30* DAYSWRITTEN City of Newport Beach NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT , BUT LL Public Works Department Attn: Fong Toe IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 3300 Newport Blvd- REPRESENTATIVES. AUTHOnarseP�tE�17r Newport Beach CA 92663 ACORD 25 (2001108) 0 ACORD CORPORATION 1988 Policy No. GL950702 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION - COMPLETED OPERATIONS & ONGOING OPERATIONS AS SCHEDULED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Operations City of Newport Beach McFadden Square Phase II Public Works Department 3300 Newport Blvd. Newport Beach, CA 92663 A. Section 11 — Who Is An Insured Is amended to include the person(s) or organization(s) shown in the Schedule (called "additional insured "), but only with respect to: 1. Liability for "bodily Injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that "additional insured" and included in the 'products- completed operations hazard" when you and such person(s) or organization(s) have agreed in writing in a contract or agreement that such person(s) or organization(s) be named as an additional insured on your policy. ii. Liability for "bodily injury ", 'property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the "additional insured "(s) at the location(s) designated above. B. Section IV — Commercial General Liability Conditions, 4. Other Insurance is amended and the following added: If you are required by written contract to provide primary insurance, the insurance afforded by this Cov- erage Part for the "additional insured" shown in the Schedule is primary insurance and we will not seek contribution from any other insurance available to that "additional insured." ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U462 -0108 Includes copyrighted material of ISO Properties, Inc., 2004 Page 1 of 1 with Its permission. Unigard Insurance Company PO Box 90701, Bellevue, WA 98009 -0701 Policy No. Commercial Multi -Line Policy CM009164 Endorsement Page 1 AUTO WAIVER OF TRANSFER- BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM THE TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US CONDITION OF SECTION IV- BUSINESS AUTO CONDITIONS IS AMENDED BY THE ADDITION OF THE FOLLOWING: WE WAIVE ANY RIGHT OF RECOVERY WE MAY HAVE BECAUSE OF PAYMENTS WE MAY MAKE FOR "BODILY INJURY" OR "PROPERTY DAMAGE" AS A RESULT OF AN "ACCIDENT" INVOLVING A COVERED "AUTO" WHEN YOU HAVE ASSUMED LIABILITY FOR SUCH "BODILY INJURY" OR "PROPERTY DAMAGE" UNDER AN "INSURED CONTRACT" 01 -07 03- 29 -07R 140365 0386 Pol. *CA10000658091 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION FOR WHOM ALL OPERATIONS. THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER. -1998 by tha workers' Congsrsation I surarce rating Bureau or Catiromha. All rights reserved. From the WCIRB's California Workers' Compensation Insurance Forms Manual -1999. HOME OF CE COPT POLICY #: CM009164 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date Is indicated below. Endorsement Effective: 10/30/09 lCountersigned By: � Bob Parent 'ag ! ,;;;7 • (Authorized Representative) Named Insured: EBS Concrete, Inc. SCHEDULE of Person(s) or Organization(s): City of Newport Beach, its officers, agents, employees and volunteers Public Works Dept. 3300 Newport Blvd. Newport Beach, CA 92663 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained In Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Unigard Insurance Company PO Box 90701, Bellevue, WA 98009 -0701 Policy No. Commercial Multi -Line Policy CM009164 Endorsement Page 1 AUTO PRIMARY AND NON- CONTRIB BLANKET THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO COVERAGE CONDITIONS CA0001, IV B.5 OTHER INSURANCE IS REPLACED WITH THE FOLLLOWING: 5. THE INSURANCE AFFORDED BY THIS POLICY IS PRIMARY INSURANCE. ANY OTHER INSURANCE MAINTAINED BY, OR AVAILABLE TO, ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE PERFORMING OPERATIONS AND YOU AND SUCH PERSON OR ORGANIZATION HAVE AGREED IN AN "INSURED CONTRACT" THAT SUCH PERSON OR ORGANIZATION IS ADDED AS AN ADDITIONAL INSURED TO THIS POLICY, SHALL BE NON - CONTRIBUTORY, THIS APPLIES ONLY IF THE ADDITIONAL INSURED IS LIABLE FOR THE CONDUCT OF AN "INSURED" AND ONLY TO THE EXTENT OF THAT LIABILITY. 01 -07 03- 29 -07R 140365 0386 Policy No. GL950702 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 8. Transfer of Rights Of Recovery Against Others To Us is amended and the following added: We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily Injury" or "property damage" caused by or resulting from your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard" if: a. you agreed to such waiver; and b. the waiver is included as part of a written construction contractor lease; and c. such written contract or lease was entered into prior to any claim to which this Insurance applies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U047 -0702 Includes copyrighted material of ISO Properties, Inc., Page 1 of t with Its permission. CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach Date Received: 11/04/09 Dept. /Contact Received From: Shari Rooks B. Date Completed: 11/06/09 Sent to: Shari Rooks By: Michelle Ross Company /Person required to have certificate: EBS Concrete Insurance I. GENERAL LIABILITY Is Company admitted in California? ® Yes ❑ No A. INSURANCE COMPANY: Colony Insurance Company B. AM BEST RATING (A: VII or greater): "A °(XII) What is limits provided? C. ADMITTED Company (Must be California Admitted): ADDITIONAL INSURED WORDING TO INCLUDE (The City its Is Company admitted in California? ❑ Yes N No D. LIMITS (Must be $11M or greater): What is limit provided? $1,000,000 Haulers only): E. PRODUCTS AND COMPLETED OPERATIONS (Must Is it included? N/A ❑ Yes ❑ No G. include): Is it included? (Completed Operations status does notification of cancellation by certified mail; per Lauren Farley, the City will accept the not apply to Waste Haulers) N Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is It included? ® Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence' wording? ❑ Yes 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: Unigard Insurance Company B. AM BEST RATING (A: VII or greater) "A "(X) C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers) :Is it included? N 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. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: Everest National Ins. Co. B. AM BEST RATING (A: VII or greater): "A + "(XV) 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? Ed. 8 2009 0■ 05m Query MID Page I of I R R Lob oFF, QUERt . AnD O R O FdERG� Phone 7C: Name: Address: MastedD_ �� � E B S CONCRETE L- ------------ Query returned no results - PLEASE TRY AGAIN ------ - - - - -- records �*. 0� c 4�p 40 qS Ow NoT�; ft5 (EUTC WOCAT semtttatwt) 1 a 5EP, CORK' W 1 sEP S- ATM C 0 NTRA Ll R_ u Camse , http: / /www.citynet. newpor t- beach.ca.us/masterid/query.asp 10/28/2009 Check a License or Home Improvement Salesperson (HIS) Registration - Contractors Stat... Page l of I Contractor's License Detail - License # 787771 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 restncled 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 DAP. 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: 787771 Extract Date: 1MW2009 Business Information: 1320 SIXTH STREET SUITE 100 CORONA, CA 92879 Business Phone Number. (951) 279-6869 ............. Entity: ... Corporation .... .... .... .. .. .. ..... .. ............. Issue Date: 11/2712000 Expire Date: License Status: This license is current and active. All information below should be reviewed. CLASS DESCRIPTION C -8 CONCRETE Classifications: A GENERAL ENGINEERING CONTRACTOR C29 MASONRY CONTRACTOR'S BOND This license filed Contractor's Bond number 133997 in the amount of $12,500 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date: 0110112007 Bonding: Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) THOMAS ELIO NANCI certified that he/she owns 10 percent or more of the voting slack/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 11/27/2000 This license has workers compensation insurance with the EVEREST NATIONAL INSURANCE COMPANY Policy Number: CA10000658091 Workers' Compensation: Effective Date: 0410612009 Expire Date: 0410612010 Workers' Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Conditions of Use I Privacy Policy Copyright © 2009 State of California https: / /www2. cslb. ca. gov/ OnlineServices /CheckLicense /LicenseDetail.asp 10/28/2009 California Business Search DISCLAIMER: The information displayed here is current as of OCT 23, 2009 and is updated weekly. It is not a complete or certified record of the Corporation. Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender', the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. Page 1 of 1 http:// kepler. ss. ca. gov/ corpdata/ ShowAIlList ?QueryCotpNumbet= C2256823 &printer =yes 10/28/2009 Corporation EBS CONCRETE, INC. Number: C2256823 Date Filed: 8/10/2000 Status: active Jurisdiction: California Address 1320 E SIXTH ST STE 100 CORONA, CA 92879 Agent for Service of Process THOMAS NANG 11320 E SIXTH ST STE 100 CORONA, CA 92879 Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender', the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. Page 1 of 1 http:// kepler. ss. ca. gov/ corpdata/ ShowAIlList ?QueryCotpNumbet= C2256823 &printer =yes 10/28/2009 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL McFADDEN SQUARE PHASE -II CONTRACT NO. 4365 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. 4365 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 Dollars and $ A1.0 P r Lump Sum eeoe0oAo c NoCkvZ- 2. Lump Sum Removals and Site Preparation ,yd&&.wt Dollars and 00 Va Cents $ Per Lump Sum 3. Lump Sum Construct Reinforced Concrete Foundation ( el...,1oLiA,m✓Dollars and p0 Cents $ ©fir Per Lump Sum PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 5. L•')! 55 EA Install Blank Granite Donor Tiles Q Dollars and C nts $ / -O. @� $ 42 SO• Per Each 55 EA Install Granite Fish Tiles Q r W ollars 0 —Ab 455=i and $ /50. $ 00.2 .600. to Per Each Lump Sum Install Half -Sized Granite Cobblestones and C�l�Clylrf�rsad�.u1e. o/"D Ilars ° m —Cents $ 5030. Per Lump Sum Lump Sum Install Joint Stabilizing Sealer e _Dolma I� aarrs K and 400 �n Cents Per Lump Sum TOTAL PRICE IN WRITTEN WORDS and /kd Cents October 6, 2009 Date (951) 279 -6869 / (951) 279 -9112 Bidder's Telephone and Fax Numbers 787771A Bidder's License No(s). and Classilication(s) Bidder's email address: iriee @ebs- inc.ns Total Price (Figures) EBS Concrete, Inc. Bidder / President Bidder's Authorized Signature and Title 1320 E 6th St #100, Corona, CA 92879 Bidder's Address L_ 1 1 1 1 1 1 2 2 2 2 2 2 2 3 3 3 3 i PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS McFADDEN SQUARE PHASE -II CONTRACT NO. 4365 INTRODUCTION PART 1--- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -1 LOCATION SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 6 -7.4 Working Hours 6 -9 LIQUIDATED DAMAGES SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR L_ 1 1 1 1 1 1 2 2 2 2 2 2 2 3 3 3 3 i 7 -7 COOPERATION AND COLLATERAL WORK 4 7 -8 PROJECT SITE MAINTENANCE 4 7 -8.5 Temporary Light, Power and Water 4 7 -8.6 Water Pollution Control 4 7 -8.6.1 Best Management Practices and Monitoring Program 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 5 7 -10.1 Traffic and Access 5 7 -10.2 Storage of Equipment and Materials in Public Streets 5 7 -10.3 Street Closures, Detours, Barricades 6 7 -10.4 Safety 6 7- 10.4.1 Safety Orders 6 7 -10.5 "No Parking" Signs 6 7 -10.7 Notice to Residents and Temp Parking Permits 7 7 -15 CONTRACTOR LICENSES 7 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 7 SECTION 9 MEASUREMENT AND PAYMENT 8 9 -3 PAYMENT 8 9 -3.1 General 8 9 -3.2 Partial and Final Payment 9 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR AND RELATED MATERIALS 9 201 -1 PORTLAND CEMENT CONCRETE 9 201 -1.1.2 Concrete Specified by Class 9 201 -2 REINFORCEMENT FOR CONCRETE 9 201 -2.2.1 Reinforcing Steel 9 201 -7 NON - MASONRY GROUT 9 201 -7.3 Non - Shrink Grout 9 201 -7.4 Grout Sealer 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS McFADDEN SQUARE PHASE -II CONTRACT NO. 4365 INTRODUCTION SP 1 OF 9 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- 5980 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements; and manufacutrer's instructions. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802,714- 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of removing existing cobblestones and subgrade, compacting existing subgrade, constructing reinforced concrete foundation, furnishing and installing new granite tiles and cobblestones, and applying joint stabilizing sealer." 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: SIP 2OF9 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4--- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -1 LOCATION. Add the following: "There are known street light conduits under the existing plaza. The contractor shall conduct his work in a manner that will protect said underground utilities in place. Paint spraying the existing plaza finish surface with USA Markings to locate said utilities is not allowed." 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.' SP3OF9 No work shall begin until a "Notice to Proceed" has been issued, a pre - construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within twenty -five consecutive working days of the date on the Notice to Proceed. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1St (New Year's Day), the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4m the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24tH (Christmas Eve), December 251h (Christmas), and December 31" (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December 31st falls on a Sunday, the following Monday is a holiday. If January 1St, July 4tn November 11th December 24th December 25t or December 31st falls on a Saturday, the Friday before is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:00 AM to 4:30 PM Monday through Friday. The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above. Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 PM to 6:30 PM on weekdays or 8:00 AM to 6:00 PM on Saturday only. A request for working during any of these hours must be made at least 72 hours in SP4OF9 advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $123.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per day is the 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, and continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "If needed, City forces will perform all shut downs of water facilities. 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 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 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 -8.6 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, SP5OF9 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.citv.newport- beach.ca. us /oubworks /links.htm." 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back - charging the Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide pedestrian traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, the Newport Pier, and the surrounding public parking lots shall be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations. 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 SP6OF9 materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan as to how he intends to conduct his work. The Contractor shall be responsible for processing and obtaining approval of a traffic control plan from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Such plan shall conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition and meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install and maintain in place "NO PARKING -TOW AWAY" signs 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 SP7OF9 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 and Businesses. Ten working days prior to starting work, the Contractor shall deliver a City provided Construction Notice to residents and businesses within 500 feet of the project, describing the project and indicating the limits of construction. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the residents and businesses a second City provided written Notice clearly indicating dates in the space provided on the notice as to when construction operations will start and conclude. An interruption of work in excess of 14 calendar days shall require re- notification. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Conractor "A" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDSIAS BUILT DRAWINGS. A stamped set of approved drawings 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. Any changes to the approved plans that have been made with approval from the Engineer of Record or City Inspector shall be documented on the "As- Built" drawings. The "As- Built" 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 SP8OF9 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 traffic control /detour plan, construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Removals and Site Preparation: Work under this item shall include locating the existing underground utilities, removing and disposing of the existing interfering cobblestones and subgrade, salvaging and cleaning the existing cobblestones for pick up by the City General Services Department, preparing and recompacting the existing subgrade to minimum 90% relative compaction, and other work items as required to receive the new improvements. Item No. 3 Construct Reinforced Concrete Foundation: Work under this item shall include providing and installing dowels, PVC sleeves, reinforcing bars, and felt expansion joints, constructing PCC concrete foundation, and all other work items as required to complete the work in place. Item No. 4 Install Blank Granite Donor Tiles: Work under this item shall include providing and installing blank donor granite tiles, tile grout, and all other work items as required to complete the work in place. Item No. 5 Install Granite Fish Tiles: Work under this item shall include providing and installing engraved and sandblasted granite fish tiles, tile grout, and all other work items as required to complete the work in place. Item No. 6 Install Half -sized Granite Cobblestones: Work under this item shall include providing and installing new half -sized granite cobblestones, tile grout, and all other work items as required to complete the work in place. Item No. 7 Install Joint Stabilizing Sealer: Work under this item shall include providing and applying a minimum two (2) coats of SureBond joint stabilizing sealer over the newly installed tile grout per manufacturer's instructions. Contractor shall remove all sealer spillage at no cost to the City. SP9OF9 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 -7.3 Non - Shrink Grout. Add to this section: "All grout used on this project for the purpose of securing the new tiles and cobblestones in place shall be a non - metallic and non - shrink grout as approved by the Engineer." 201 -7.4 Grout Sealer. "The grout sealer to be placed over the new grout joints shall be SB -1300 SureBond Joint Stabilizing Sealer manufactured by SureBond."