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HomeMy WebLinkAboutC-4479 - Balboa Boulevard at Washington Street Parking LotOFFICE OF THE CITY CLERK Leilani I. Brown, MMC March 23, 2011 Mr. Manuel Torres M & E Construction 7938 Wood Road Riverside, CA 92508 Subject: Balboa Blvd./ Washington Street Parking Lot (C -4479) Dear Mr. Torres: On February 8, 2011, 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 February 15, 2011, Reference No. 201000084238. The Surety for the contract is the North American Specialty Insurance Company and the bond number is 2135163. Enclosed is the Labor & Materials Payment Bond. Sincerely, 4"� �) bm—� 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 Premium for contract term and is subject to Issued in two original counterparts adjustment based on final contract price Premium included in performance bond Duplicate Original CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD AT WASHINGTON STREET PARKING LOT CONTRACT NO. 4479 BOND NO. 2135163 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to 'M & E Construction, hereinafter designated as the "Principal," a contract for construction of BALBOA BOULEVARD AT WASHINGTON STREET PARKING LOT, Contract No. 4479 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. 4479 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, North American Specialty Insurance Company duly authorized to transact business under the laws of the State of Califomia, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of One Hundred Fifty -Seven Thousand and 007100 Dollars ($157,000.00) 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. 33 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 7th day of October 2010. M & E Construction (Principal) North American Specialty Insurance Company Name of Surety 701 S. Parker St, Suite 3800, Orange, CA 92868 Address of Surety 714 -550 -7799 Telephone horiz Signature/TAfe 'e Authorized Agent Signature Shaunna R. Burchfiel, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTIRs4CTOR AND SU RETY MUST BE ATTACHED 34 i.��il I•F-� ^�i�� ��, ��- r- ��l�;��.i��- ,��,�,E�;r��.���J� E �.� Er.i�r�r STATE OF CALIFORNIA) COUNTY OF ORANGE ) On October 7, 2010 before me, M Locey, Notary Public, personally appeared Manuel Torres 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 paragraph is true and correct. WITNESS my hand and official seal. (SEAL) Notary Public in and for said tate OPTIONAL INFORMATION M. LOCEY Commission # 1864451 (Votary Public - California $ Orange County. My Comm. Expires Oct 7, 2013 Title or Type of Document: Balboa Boulevard at Washington Street Parking Lot Contract No. 4479 State of California County of Riverside On October 7th, 2010 ACKNOWLEDGMENT before me, Traci Larson, Notary Public (insert name and title of the officer) personally appeared Shaunna R. Burchfiel, Attomey -in -Fact who proved to me on the basis of satisfactory evidence to be the person(( whose nameX651are subs abed to the within instrument and acknowledge , o me that he /o /they executed the same in hisptheir authorized capacity), and that by hi /he /their signature on the instrument the person', or the entity upon behalf of which the person(sj 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. Reeeoeeooaeoaoe000eosooeooe0000aeeeoeeoew TRACZLARSON { WETNESS my hand and official seal. COMM #- 1877B296 D :. Lu 'WTASY PUBLIC- CALIFORNIA M Q ORANGE COUNTY s X P °oeeeeoo MCommission Eepieo Jan. eeee01e4ee Signature r (Seal) NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: GEORGE BURCHFIEL and SHAUNNA R. BURCHFIEL JOINTLY OR SEVERALLY Its true and lawful Attorney(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount o£ TWENTY -FIVE MILLION ($25,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24" of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." mvwmwr iNUTY /vaG �ayQQ P° =V? L "I Omunnii,4m �s SERI �m 6 Wit 1873 °rye SMVen P. Anderson ,Pres�denf &Ch�erExeculive Ofncerol WasM1inglon lnternallonal Insurance Company 8 SEftl QW. &Senior Vi¢Praident of Nnrth American Speclelry Insurance Companypj 10 mm i��ti diNnPiNaa t 3(9: E ykkA a $ By Davin M. Layman, Semor Vice President ofWashingtun International Insurance Company Irktar *we aO & Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 24th day of June 2010. North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 24th day of June 20 l before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington Intemational Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. °OFITCC4LSEALn NNA D. S[QENS Notary Pub &,State of Mattis My Commixsim Expires 101061201, Donna D. Sklens, Notary Public I, James A. Carpenter the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, 1 have set my hand and affixed the seals of the Companies this 7th day of October '20 10 James A. Carpenter, Vice President &Assistant Secretary of Washinemn International Insurance Company & NuNa American Specialty Insurance Company FEN NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: GEORGE BURCHFIEL and SHAUNNA R. BURCHFIEL JOINTLY OR SEVRR A If v Its true and lawful Attorney(s) -in- Fact, . to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of TWENTY -FIVE MILLION ($25,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions . adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24m of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seat shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." pnuaunll qv .A..... I /Piii a,IDurvinmms;,,,,00 9�LORPO!y�G G p5I0NA(1 qq22 F:� e s+s', SEAL is Siesta P. Anderson, President& ChefEseatrve Officer ofWashington International Insurance Comp any > u's 1813 ''"_ $EAL.�' giv..v\ �po!wi &Senior Vice President of N.rih America . Specialty Imaraace Company DOE km t N..NA1sP`- c �1y0fVi ANd p" yi'.A "1 /llilpillll:tl\1 \ \6 B David M.Layman,Senior Vice prancer, of Washington latono, ... I Insures... Company 6 W & Vice President of North American Specialty Insurance Company IN 'WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 24tb day of June 20 10 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook SS: On this 24th day f June 10 Y 20_, before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman, Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their resnective comnanies. °oPnctAlssAt;- DONNl bt8S ENS NotaryPubliq State of titmms My commiavoa Erpves iomwoll Donna D. Sklens, Notary Public I, James A Carpenter , the duly elected _ Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 14th day of September , 20 10 j O mnn, i James A. Carpenter, Vice President & Assistant Secretary ofwashi agm. ratemanonal Insurance Company & North American Specialty Insamoce Company RECORDING REQUESTED BY A' CFIVeD WHEN RECORDED RETURN TSH: FER 23 AND 59 City Clerk City of Newport Beach Orr ICE Newport Boulevard TNN CITY RV 3300 New " p CITY OF �I��lY09T BEACH Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" p {f NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and M&E Construction of Riverside, California, as Contractor, entered into a Contract on September 28, 2010. Said Contract set forth certain improvements, as follows: Balboa Blvd at Washington Street Parking Lot — (C-4479) Work on said Contract was completed, and was found to be acceptable on February 8, 2011, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is North American Specialty Insurance Company. VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on r-*M!qt "I t1v , at Newport Beach, California. BY City Clerk C NtA CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 6 February 8, 2011 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: BALBOA BLVD AT WASHINGTON STREET PARKING LOT - COMPLETION AND ACCEPTANCE OF CONTRACT NO. 4479 ISSUE Staff requests approval to accept the Balboa Blvd at Washington Street Parking Lot Project, Contract No. 4479 as complete. RECOMMENDATIONS 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. 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 one year after this Council acceptance. DISCUSSION Summary of Completed Construction Contract Awarded Final Cost at Benchmark Actual Contract Time Contract Amount Completion Target Contract Time Under ( -) or Change (days) Over ( +) $157,000.00 $150,515.00 Contract -5.53% 30 -1 Plus 12% On September 28, 2010, City Council authorized the award of the Balboa Blvd at Washington Street Parking Lot Project contract to M &E Construction for a total contract cost of $157,000.00 plus a 12% allowance for contingencies. The contract included complete demolition and removal of the existing surface improvements and construction of a new parking lot that provides thirty (30) regular parking spaces, two (2) handicapped parking spaces, a pay station, integrally colored and patterned concrete Balboa Blvd at Washington Street Parking Lot Completion and Acceptance of Contract No. 4479 February 8, 2011 Page 2 lan' s, parking lot lights, landscaping, irrigation, striping, a concrete sidewalk along the Washington Street frontage, and a new pavement seal coat and striping for the adjacent "Palm Street' parking lot. The contract has now been completed to the satisfaction of the Public Works Department. One change order in the amount of $2,990.00 was approved to reconstruct the existing curb access ramp at the Washington Street/Bay Avenue curb return ahead of schedule. A summary of the contract cost is as follows: Original bid amount Net changes including one Final contract cost: order $157,000.00 The final overall construction cost, including one change order, was 5.5 percent below the original contract amount. A summary of the project schedule is as follows: Estimate Completion Date per July 2010 Schedule March 28, 2011 Project Award for Construction September 28, 2010 Contract Completion Date per Notice To Proceed December 15, 2010 Substantial Completion — Parking Lot Open for Public Use December 14, 2010 This is the first project that M &E Construction Company has worked for the City. While M &E appeared eager to complete the work quickly for the City during the pre - construction meeting, staff was generally disappointed in their actual field performance. Staff had to repeatedly remind M &E of its responsibility to (1) provide continuous superintendence; (2) have its workers report to work; (3) execute its work in a pre - planned and organized manner; (4) adhere to the approved work schedule; and (5) respond to staff direction in a timely manner. Consequently, City staff had to continuously provide guidance and coaching to their employees on how to construct the required improvements as well as occasionally front parts from city inventory to M &E so they could continue working while the parts they ordered were in transit. As a result of M &E inefficiencies and lack of organization, the parking lot was not ready for public use by Thanksgiving 2010 as staff has hoped. The parking lot occupancy may have missed the 2010 Christmas Boat Parade opening date had it not been for staffs intervention to ascertain the project progressed forward. ENVIRONMENTAL REVIEW On November 19, 2009, a Notice of Exemption was filed pursuant to Section 15301, Class 1(c) of the CEQA of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, for the construction of a replacement facility with identical use. Balboa Blvd at Washington Street Parking Lot Completion and Acceptance of Contract No. 4479 February 8, 2011 Page 3 PUBLIC NOTICE The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work, City - prepared construction informational notices were distributed by the Contractor to residents and businesses within the work vicinity. FUNDING AVAILABILITY Total project expenses, including incidentals, are summarized as follow: Construction $148,315.00 Project Advertisement 180.50 Reprographics 220.94 Removal of Former Balboa Market 23,690.00 Balboa Village Monument Sign 24,400.00 Relocate Existing Palm Tree to Municipal Yard 758.10 Parkina Lot Sians Purchase 339.12 Total Project Cost $197,903.66 Funding for this project was expended from the following account: Account Description Account Number Amount Washington /Balboa Parking Lot 7024- C3002008 $197,903.66 Total Project Cost $197,903.66 Prepared by: KopVTse P cipal Civil Engineer Attachment: Location Map Submitted Director Y Q 6� q�FAy, 0 e4(90A 0 P 0 LOCATION MAP NOT TO SME BALBOA BLVD./ WASHINGTON ST. PARKING LOT. C -4479 RELEASE OF STOP NOTICE TO: , C !-FY C) C. J RECEIVED 1011 JAN 19 AM ID 39 r OFFICE O - THE CM CM UT101` NNF T NEAGH ate AT N: (Contact Person) Copies Sent To: City Council City Manager City Attorney (Address) _-,7-.File - -- -_ -._ -. RELEASE OF .STOP .NOTICE RE. Stop Notice Against: �i Y� 1 b 0 5;TA0 L�0 A-) L-16 4 _7,<18% (Contractor) Project/Contract No.:_q 16 Cc RLUd R r Wl A t W %- o ti. S-r yr 1cj L4� j ccYL The undersigned hereby withdraws the Stop notice in the amount of.$ i�,�3 J� r for labor, services, equipment, and /or material. furnished in connection with the above contract. The undersigned. also hereby releases the awarding agency, .0 l—rt (5t nn Ak4or r 2ac(ti its subdivisions and.agents, from any further duty under Civil Code Section 3186 to withhold money or bonds in response to the stop notice, and waives any right'of action against them might accrue thereunder. Dated, / / at 6vefls MC P California. or P.O. Box) State Zip Code Phone Number CCx 9,:Off ( r-t5 1 ) 7: Date Cdpies Sent To: To: C 1 T NAME OF OWNER. '�3U0 /jJ eoeo i IAUOPESv i` DIRECTED TO A OINK OR TAKE NOTICE THAT — whose address is WIS has, L performed labor and f . STOP NOTICE 20" JAN 11 AM O i l c LEGAL,NOTICE TO WITHHOLD CONSTRUCTICWFrS (Public or Private Work) j CR URK {Per California Civil Code Section ,3�Wgt rlRR A n , ¢uJ ,r ea Project: W49KtOS-1'0" Si '100116IZA La-' UBLC fODY OR CONSTRUCTION FUND HOLDEN RNAMW ^r keaek R(. tic,( 6 6o 6 -71boa ,91- ILP:ii AND LOAN ASSN., USE ADDRESS Of BRANCH MULOWC, FORD) IABOHE55, 2rk ectltp �a667 kwlwpovy 4144' In Cal, g24i I ICI V__9TATF AIvO ZIN SCITY STATE AND $IFI _. W for a work of improvement described as follows: QCt f.6 0 ut Q L y.A E6T- The labor and materials furnished by claimant are of the following general kind:. T otal value of the whole amount of tabor and materials agreed to be furnished is! ......................... $ The value or the labor and materials furnished to date is: ... ..................... __ ............................... $ • O Claimanthas been paid the sum of: ......... I ...... I ....... ............... ......... ­1 .......................... 8 And there is due, owing and unpaid the sum of: ........................................... ................ 9 • cJ I' You are required to set aside sufficient finds to satisfy this claim with interest, court costs and reasonable costs of - litigation, ps pmvided'by law. You are also notified that claimant claims an equitable lien against any construction funds for this i project which are in your hands. FIRM NAME:��'i ' CCU Nuc sit C 6y:E e /ko �cYL tN .(NAME OF STOP NONCE CLADAIN11 (OWNED Do ADEW OF Stt lonICE CLAWANY MUST MGM HERE AND VEAIFY OFLOV4 VERIFICATION I. the undersigned. Say: .I am the =�) Ill ]� ❑ /� !: - - - the claimant I ^PNESIOEM OF," ^MAxAGED OF," "A PAWNER OF,' OWNER OP: ^ADEM OF,- $rC.) named in the foregoing Stop - Notice; I have read said Stop Notice and know the contents thereof; the same is true of my awn knowledge. I. declare under penalty of perjury under the laws of the State of California that .the foregoing is true and correct. Executed on C71 Pb I at /Nc I tPE° r5 I de CVC IRATETRIS OOI:IM/EEW WAf /SSIOMI (NAME OF DEFY AM SIATE wNFRF NOTKI1MONEO) (PERSONAL SIDNATORE OF THE INONMUAL WNO;V Sw1UU u4 THAT ERn CONEWM$ OF STOP NOTICE ARE TRUE) REQUEST FOR NOTICE OF ELECTION (Private Works Only) (Per Califomia Civil Code Section 3168, 3161, or 3162) If an election is made not to withhold funds pursuant to this slop notice by reason of a. payment bond having been recorded In as With Sections 3256 or 3162, please, send notice of such election and a copy of the bond within 30 days of such election In the proaddressed stamped envelope. This information must be provided by you under CNII Code Sections 3159, 3161, or 3162. (CIelmBnt Mull FaEGD$D SD &AddreBRBUSremped ElNrebpe) W 994 - (price class 3B) rev. 7.99 Before you use this tomb 511 in all blanks, and make whatever changes are appropriate and rrS FORMS, INC. necessary to your padioular trensecilon. Consult a lawyer It you doubt the form's fitness for ..._._._.... ...,.__..._.�., your purpose and use,, WolmIts makes no representation or warranty, express or implied. with CITY OF NEWPORT BEACH CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport until 9:00 AM on the 9th day of September, 2010, at which time such bids shall be opened and read for BALBOA BOULEVARD AT WASHINGTON STREET PARKING LOT Title of Project Contract No. 4479 $175,000 Engineer's Estimate phen G. Badum is Works Director Prospective bidders may obtain one set of bid documents for $25 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 Tse, Project Manager at (949) 644- 3321 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.NewportBeachCA.go v CLICK: Online Services / Bidding & Bid Results ACKNOWLEDGMENT State of California County of Riverside On September 7th, 2010 before me, Traci Larson, Notary Public (insert name and title of the officer) personally appeared Shaunna R. Burchfiel, Attorney -in -Fact who proved to me on the basis of satisfactory evidence to be the persona whose name (gare subs nbed to the within instrument and acknowledge o me that he /sh /they executed the same in his "their authorized capacity), and that by hi /he /their signature on the instrument the person', or the entity upon behalf of which the persono 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. 8499® Oeeeeee064e9N ®e0eeeeeeVPne.M.6 ®ObeeO TRACILARSON D WITNESS my hand and official seal. ir COMM # 1876206 LU NOTARY PUBLIC• CALIFORNIA m M Q ORANGE COUNTY X M /� oo°eoe eeey COM isaisooexeires Jan 31 201 a °o Signature( b/ (Seal) ACKNOWLEDGMENT State of California County of Orange On 10 before me, C.D. Sturgeon, Notary Public personally appeared f ' .&1+A -C -L u= -r% 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. , % . ��j��, ON G. D. sru# 1 730 Commisslon # 1 730041 Notary Public - California Z Orange County ' My Comm. Expires Mar 9, 2011 Signature (Seal) NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: GEORGE BURCHFIEL and SHAUNNA R. BURCHFIEL JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TWENTY-FIVE MILLION ($25,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24`h of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." ``��§Q rjALITY/,,V�i/� �NMtumiutduw co,.opPOR,j'G a ap'f DoA(��sya =V,J' By S.Z:'s President &Chief Ex Anderson Steven PctiOVic:' cpSEALm E P. , euve Officer oasn ton International Insurance Com an —¢: :m� f Whig P Y 0. Cyt ;Z 1973 era; Q` &Senior Vice President or North American Specialty Insurance Company 101 im By David M. Layman, Senior Vice President of Washington International Insurance Company �1411autamne & Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 24th day of June 20 10 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 24th day of June 20 10 before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their resnective comnanies. " OiNNA D. DONNA D. SKLEKLE NS Notary Public, State of Illinois My Commission Expires 10@6/2011 Donna D. Sklens, Notary Public I, James A. Carpenter , the duly elected_ Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 7th day of September , 20 10 i James A. Carpenter, Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD AT WASHINGTON STREET PARKING LOT CONTRACT NO. 4479 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work % of Number Total Bid Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: Bidder uthor ed Signature/T' e 8 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD AT WASHINGTON STREET PARKING LOT CONTRACT NO. 4479 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. A ^la � idders Name I `� \ k E Co t� s 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 V I��tC�GCZOVIJ� VTOL\T\� 2 ©�O Project Description 1t4STA\.J_ C.011110ukT ) sTGZF_ET' WoEZK Asi?OALTI C -J Cz ETE Approximate Construction Dates: From QpJP_ 20 0 To: Uvkv 2 O Agency Name MF. CIV -Ay QF L,1P11\IS\�),1` E Contact Person E'D6W. GR!RC\.P. Telephone( ) .G\ Original Contract Amount $23gKFinal Contract Amount $ 250. 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. M No. 2 Project Name/Number Project Description S (. (`1 ��� C(Zy "' I NJ 6 Approximate Construction Dates: From ;SUNIE 2,010 To: AWG\IST 20\\7 Agency NameCoit\F a -uwF��Eo Su\na\— 1XY Contact Person "SEW \A E�AANJ bA A,_Telephone —49— qS%1 Original Contract Amount $fO� 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. 3 Project Name/Number 'RE -PLACE WAt S C\Je&J _GmEVS Project Description COt,1 111E E P�ALT C.OtA fAC' UrA Approximate Construction Dates: From NGQ5T 2 -ow To: SfmtASE j?, 9 0 U Agency Name — CCT `i UK: R\,�AE95\0E ^, Contact Person AZ7 't'09,RES Telephone ( ) SS\— S2-6-543 Original Contract Amount $ M 5 Final Contract Amount $4451 445 p Q Q 9501 If final amount is different from original, please explain (change orders, extra work, etc.) SAnArr 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. 10 No. 4 Project Name/Number DV tll c& V� OA D 2-0\0 Project Description A SNAI—T ijASE, 69AV � G Approximate Construction Dates: From DEQ 2. o% o To:N OA 2 C)\0 Agency Name F= Govt sNi Qtr SikIJ 7eegj AAK'y\ n10 Contact Person VP$1l0_'DOUBLE - Telephone ( ) Q — 3Q��j—, gQ.O Original Contract Amountaminal Contract Amount $ 99-1, coo If final amount is different from original, please explain (change orders, extra work, etc.) SAM E 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. rAc) No. 5 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. 11 No. 6 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. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. X 'a Bidde oriz ature/Title 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD AT WASHINGTON STREET PARKING LOT CONTRACT NO. 4479 NON -COLLUSION AFFIDAVIT State of California ) ss. Countyof OgAt461� ) being first duly sw rjrp es an says at he or she is 4> of �/ /ae the party making the foregoing bid; that the bid is not made in the intere t of, or on beh4ff of, a undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty o p jury of e I sof the State of Cali t the foreg .ng is true and correct. Bidder A hori d Signature/Ti Subscribed and, sworn to (or affirmed) before me on this � day of OC��, 2010 by �/� Locy-- personally known to me o r��tom�n thebasis of satisfactory evidence to be the person(al'who appeared before me. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. M. LOCEY Commission # 1864451 < •i Notary Public - California [SEAL] z Orange County M Comm. Expires Oct 7, 2013 13 &�- 4i2rV.4 Notary Public My Commission Expires: I f2 1"1 1 l3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD AT WASHINGTON STREET PARKING LOT CONTRACT NO. 4479 DESIGNATION OF SURETIES Bidders name M N� -7\'� \J 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): A bvRC-XA'F NAL 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD AT WASHINGTON STREET PARKING LOT CONTRACT NO. 4479 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name 1 Record Last Five (5) Full Years Current Year of Record The intormation required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Current Record Record Record Record Record Year of for for for for for Record 2009 2008 2007 2006 2005 Total 2010 No. of contracts 10 12- 12 p 10 lo LL Total dollar J Amount of Contracts (in � j ?j M ZM 2 rA Z Thousands of $ No. of fatalities No. of lost Workday Cases O O O No. of lost workday cases involving permanent transfer to another job or termination of employment Q 0 Q Q Q The intormation 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 K� i✓ "MST?,UC-(tdN Business Address: "1 cf 3 6 VV0C)D p q (z��Et2gt CiY� gaSt Business Tel. No.: 1 14 • �5 95- p (oto State Contractor's License No. and Classification: -f Title 0wN�t2� The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or of fewer than all of the 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, joint 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. NOTARY ACKNOWLEDGMENT MUST BE ATTACHED CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA) COUNTY OF ORANGE ) On October 7, 2010 before me, M Locey, Notary Public, personally appeared Manuel Torres 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 paragraph is true and correct. WITNESS my hand and official seal.' ' Commission 0#E1864451 Z ,.� Notary Public - California Orange County My Comm. Expires Oct 7, 2013 )4A (SEAL) Notary Public in and for sai S OPTIONAL INFORMATION Title or Type of Document: Balboa Boulevard at Washington Street Parking Lot Contract No. 4479 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD AT WASHINGTON STREET PARKING LOT CONTRACT NO. 4479 ACKNOWLEDGEMENT OF ADDENDA Bidders name �' p1,iS-C"R� �,-r\0 The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. Date Received Signature 17 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD AT WASHINGTON STREET PARKING LOT CONTRACT NO. 4479 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:Iy1 E CO+JST§tVCT QrI BusinessAddress:71q5g \t�000 ROAD R\,IERS\eG C -A 92.508 P Telephone and Fax Number:l\q -353- O(o1Qj F 711LA- 995-7829 California State Contractor's License No. and Class: 15q �o A g (REQUIRED AT TIME OF AWARD) Original Date Issued. Expiration Date: Z M\ List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone %1A�IUEI 'p'P)A 719 38 W 000 T0KCZE4_s fV.wlEGZ ONERSWE CA S2,55012) Corporation organized under the laws of the State of N {� 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: 1A o N 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; CS1C)N� E Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner/agency? If so, explain. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for lab pliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)?Yes o— Are any claims or actions unresolved or outstanding? Yes No 19 If yes to any of the above, explain. (Attach additional sheets, if necessary) Vv pi\jr, : t)/A- Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. (Print name of Owner or Presidlent(! G4 ' � of Corporation/Company) jid A or' z Signature/Title DaCJ Title l° - 7-i5) Date On (, SOta before me, jx,�_ Loc" Notary Public, personally appeared AA,4MAV_e_\ "CDYIr2S , who proved to me on the basis of satisfactory evidence to be the personK whose name(el is/a;e—subscribed to the within instrument and acknowledged to me that he/44effi-�6y­ executed the same in his/heTlthel'Fauthorized capacity(ipry, and that by his/her*reir signatursfs) on the instrument the persork(-s-r or the entity upon behalf of which the person„( cted, 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: I C7 1-7 113 20 M. LOCEY Commission # 1864451 (4Orange Notary Public - California County M Comm. Ex fres Oct 7, 2013 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD AT WASHINGTON STREET PARKING LOT CONTRACT NO. 4479 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 Ratinq 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 BALBOA BOULEVARD AT WASHINGTON STREET PARKING LOT CONTRACT NO. 4479 THIS CONTRACT entered into this day of 2010, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Manuel Garcia Torres, doing business as ( "DBA ") M & E Construction, a sole proprietor, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: BALBOA BOULEVARD AT WASHINGTON STREET PARKING LOT The work necessary for the majority completion of this contract consists of replacing the existing parking lot pavement; constructing concrete curbs, gutters, and sidewalks; designing /building a irrigation system; installing landscaping; and installing parking lot striping. 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. 4479, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents'). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 22 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Hundred Fifty -Seven Thousand and 00 /100 Dollars ($157,000.00). Please note: The "as read" bid amount was $145,000.00, however the corrected bid amount is as shown above and from this point forward in the contract documents 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 PO Box 1768 Newport Beach, CA 92658 Attention: Fong Tse (949)644-3321 M & E Construction 7938 Wood Road Riverside, CA 92508 714 - 353 -0618 714 - 995 -7828 Fax F. INSURANCE Without limiting Contractor's indemnification of City, and rig or to commencement of work. Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. 1. Coverage and Limit Requirements. a. Workers' Compensation. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and employer's liability insurance with limits of at least one million dollars ($1,000,000) each type for Contractor's 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 23 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. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the required certificate of insurance, a copy of such waiver of subrogation endorsement. b. General Liability. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) General Aggregate and two million dollars ($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. c. Automobile Liability. 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 Contract, 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 accident. d. Builders Risk. For Contracts with Construction /Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special form causes of loss with limits equal to one hundred percent (100 %) of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. 2. Other Insurance Provisions. a. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this contract. 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 bond documentation. City reserves the right to require complete, certified copies of all required insurance policies, at any time. b. General liability insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: Q! 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. 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. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. 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. 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. c. 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. d. Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage except for builder's risk insurance. The builder's risk policy will contain or be endorsed to contain a provision providing for 30 days written notice to City of cancellation or nonrenewal, except for nonpayment for which ten (10) days notice is required. e. Self- Insured Retentions. Contractor agrees not to self- insure or to use any self - insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self- insure its obligations to City. If contractor's existing coverage includes a self- insured retention, the self- insured retention must be declared to City. City may review options with the contractor, which may include reduction or elimination of the self- insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. f. 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 Contract. g. Waiver. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers, or shall 25 specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. j. City's Remedies. City shall have the right to order the Contractor to stop Work under this Contract and /or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. k. Coverage not Limited. All insurance coverage and limits provided by contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other Contract relating to the city or its operations limits the application of such insurance coverage. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any services under this or any other contract or Contract with the City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and /or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 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. 26 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. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any work performed or services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. 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. 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. 27 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: G �Vjllll"� Leilan. i IBrown CITY CLERK APPROVED AS TO FORM: . yC.l ICOV�� b Leoni Mulvihill Assistant City Attorney r CITY OF NEWPORT BEACH A Municipal Corpora 'on By: Keith D. Curry Mayor `y n M & E CONSTRUCTION By: Sole oprie rs ip Title: Print Name: I�% y�L / 0�2/'��S 99 Officer) Title: O it,/, Print Name: �i'V-142,52-15Z Please note: Corporations must complete and sign both places above Even if each office is held by the same individual. Premium for contract term and is subject to Issued in two original counterparts adjustment based on final contract price Duplicate Original CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD AT WASHINGTON STREET PARKING LOT CONTRACT NO. 4479 BOND N0.2135163 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 3,355.00 being at the rate of $ * * * thousand of the Contract price. ***$25.00 per thousand for the first $100,000 of contract amount, $15.00 per thousand for the next $400,000 of contract amount WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to M & E Construction, hereinafter designated as the "Principal", a contract for construction of BALBOA BOULEVARD AT WASHINGTON STREET PARKING LOT, Contract No. 4479 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. 4479 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, andNorth American Specialty Insurance Company , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Fifty -Seven Thousand and 00/100 Dollars ($157,000.00) 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 specked, 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. 29 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 7th day of October , 2010. M & E Construction (Principal) North American Specialty Insurance Company Name of Surety 701 S. Parker St., Suite 3800, Orange, CA 92868 Address of Surety 714-550-7799 Telephone A orized igna ure/Title Authorized Agent Signature Shaunna R. Burchfiel, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 30 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA) COUNTY OF ORANGE ) On October 7, 2010 before me, M Locey, Notary Public, personally appeared Manuel Torres 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. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. N. LOCEY 51 Z WITNESS m hand and official seal. :., .:... Commission # 1aa44nl y a � _� � Notary Public -California Z' .. _ orange County My Comm. Expires Oct 7, 2013 yt/(- (SEAL) Notary Public in and for sai S OPTIONAL INFORMATION Title or Type of Document: Balboa Boulevard at Washington Street Parking Lot Contract No. 4479 ACKNOWLEDGMENT State of California County of Riverside On October 7th, 2010 before me, Traci Larson, Notary Public (insert name and title of the officer) personally appeared Shaunna R. Burchfiel, Attorney -in -Fact who proved to me on the basis of satisfactory evidence to be the person(4 whose nameare subs ribed to the within instrument and acknowledge 44? me that he/sh /they executed the same in his&their authorized capacity), and that by hi /he /their signature on the instrument the person', or the entity upon behalf of which the personsacted, 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. 44444044404040000004040N0040N00000000N TRACILARSON > COMM # 1876296 m WITNESS my hand and official seal. wNOTARYPUBLIC-CALIFORNIA :6Q ORANGE COUNTY a o, o0...ty Commission Expires Jan. 31, 2014 ; 04000N040N4N00NNONONOOOONONOOOONO Signature Issued in two original counterparts Premium for contract term and is subject to adjustment based on final contract rice Premium included in performance bond J P Duplicate Original CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA BOULEVARD AT WASHINGTON STREET PARKING LOT CONTRACT NO. 4479 BOND NO. 2135163 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to M & E Construction, hereinafter designated as the "Principal," a contract for construction of BALBOA BOULEVARD AT WASHINGTON STREET PARKING LOT, Contract No. 4479 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. 4479 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, North American Specialty Insurance Company duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of One Hundred Fifty -Seven Thousand and 001100 Dollars ($157,000.00) 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. 33 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 7th day of October 2010. M & E Construction (Principal) North American Specialty Insurance Company Name of Surety 701 S. Parker St., Suite 3800, Orange, CA 92868 Address of Surety 714 -550 -7799 Telephone horiz Signature/T' ey`1 /1 Authorized Agent Signature Shaunna R. Burchfiel, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 34 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA) COUNTY OF ORANGE ) On October 7, 2010 before me, M Locey, Notary Public, personally appeared Manuel Torres 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 paragraph is true and correct. WITNESS my hand and official seal. M. LOCEY Commission • 1664451 -d Notary Public - California Z Orange County M Comm. Wires Oct 7, 2013' (SEAL) Notary Public in and for said Otate OPTIONAL INFORMATION Title or Type of Document: Balboa Boulevard at Washington Street Parking Lot Contract No. 4479 ACKNOWLEDGMENT State of California County of Riverside On October 7th, 2010 before me, Traci Larson, Notary Public (insert name and title of the officer) personally appeared Shaunna R. Burchfiel, Attomey -in -Fact who proved to me on the basis of satisfactory evidence to be the person whose nameV I are subscribed to the within instrument and acknowledge o me that he/ h /they executed the same in histetheir authorized capacity), and that by hi /he /their signature on the instrument the person', or the entity upon behalf of which the person(,sf 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. 0�0000006000000000000001000000000N1000Nw TRACILARSON WITNESS my hand and official seal. ¢ COMM #.1$7 296 W iV0TJ6RY PLIBUC- CALIrOflNIA p Q ORANGE COUNTY a b My commission Expires Jan.3t, 2014, ses aeoe0ao Ion Ex 0"s ja oeeseeso Signature (Seal) NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: GEORGE BURCHFIEL and SHAUNNA R. BURCHFIEL JOINTLY OR SEVERALLY Its true and lawful Attorney(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of. TWENTY -FIVE MILLION ($25,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24" of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." QMlatlllllllill //i�j Q�GIAUTY /,yd, _ qg2 Qty By o ySEAL Steven P. Anderson, EOcunvc Officer of Washington International Imanaaec Company iF2' W4 1873 Qry nZ &Senior Vice President afparth American Specialty insurance Company p0: NA fillile, By David M. Layman, Senior Vi<e President ashingal lnsurantt Company & Vice President of Nanh American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seats to be hereunto affixed, and these presents to be signed by their authorized officers this 24th day of June 20 10. North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook SS: On this 24th day of June 20h before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their resDective companies. 'OFFSCtkI.5I3AI:,. NNA a Sf4.E[t5 N. aryPublic, Stem of Monte My Commission Expires 10/021tt1 Donna D. Sklens, Notary Public I, James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 7th day of October , 20 10 r James A. Caremteq Vice President & Msistmt Secrecy of Wuhingon Intemadonal Insurance Compmy & NoM American Specialty Insurance Company NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington Intemational Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: GEORGE BURCHFIEL and SHAUNNA R. BURCHFIEL JOINTLY OR SEVERALLY Its true and lawful Attomey(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as we or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of TWENTY -FIVE MILLION ($25.000.000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24" of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." " "Od,118111NIII ^po xkurP7 lily �,.parawiarnmx. wc�pvB..PrH.`, ttoNgti'.�� aYi .: o..... A Ya es': i By [ bw#'&J q'} . ixe SEAL °.Zac Steven P. Anderson, President Executive Officer of WasMngfon International Insurance COmpnny per" j' If' $yZa 1879 W;nS &&met Vice president of North America. Specialty lnmrance comfort, D ON '71111111 1% i Hf•.. d� "/Y C� BY David M. Lay..., Semor Vitt President of Washington International Inaurm es Company & Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 24th day of June , 20 10 , North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 24th day of June 2010 before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington Intemational Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their resnective companies "OFFIf7AL SSAI:'. NNAD:SKiPNR NararyPubb stare Dflllmoik N Cgmmlwiw Fapires SOfpW1A11 Donna D. Sklens, Notary Public I, James A. Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 14th day of September , 20 10 i • I .1► c F Lames A Carpenter, Vice President & Assisant secretary of WaahingWa International fnaurance Company & North American Specialty hoa ance Company ACORD CERTIFICATE OF LIABILITY INSURANCE DATE / 2) 09 17 /17/2010010 PRODUCER (909) 434 -0244 Stephen R. Gray Insurance Agency 16681 Escalon Drive Fontana CA 92336- THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE. DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED M S E Construction 7938 Wood Road Riverside CA 92508- INSURERA:United Specialty A INSURERB:Century National Ins Co GENERALLIABRITY INSURER 0611812010 INSURER D: EACHOCCURRENCE INSURER E. THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L INSEE TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MMIDDW) POLICY EXPIRATION DATE(MMIDDIYY) - LIMITS A X GENERALLIABRITY FEC61001721 0611812010 06/18/2011 EACHOCCURRENCE $ 1,040,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE � OCCUR / / DAMAGE TO RENTED PREMISES occurrence $ 50,000 MED EXP (Any W one sang $. .5,000 PERSONAL B ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 / GENL AGGREGATE LIMIT APPLIES PER: X POLICY JECOT TOD PRODUCTS - COMPIOP AGG $ 2,000,000 / / / B AUTOMOBILE LIABILITY ANY AUTO BAP169161 08/04/2010 08/04/2011 COMBINED SINGLE LIMIT (Ea acdden9 $ 1,000,000 X ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS . NON -OWNED AUTOS i1lj$uj it \SURANCE All I ROVED BODILY INJURY (Per person) S BODILY INJURY (Peraccident) $ PROPERTY DAMAGE (Per ac reent) $ OL 1 J ' — GARAGE LIABILITY Mark AUTOONLY- EAACCIDENT $ ANY AUTO / / OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESWUMBRELLA LIABILITY / EACH OCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE $ DEDUCTIBLE / / / $ Is RETENTION WORKERS COMPENSATION AND EMPLOYERS`LIABILITY / / / / TORY LIMTITS OER ELEACH ACCIDENT $ ANY PROPRIETORIPARTNER,EXECUTIVE OFFICERMIEMBER EXCLUDED? tf yes, describe weer E.L DISEASE- EA EMPLOYEE$ EL DISEASE - POLICY LIMIT $ SPECIAL PROVISIONS belay OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLEWI CLUSIONS ADDED BY ENOORSEMENTISPECIAL PROVISIONS General Liability Additional Insured Endorsements attached for the City of Newport Beach, its elected or appointed officers, agents, officials, employees, and volunteers. Job: Balboa Blvd at Washington Street Parking. Lot - Except Ten (10) days notice of cancellation for non - payment of premium. (949) 644 -3311 (949) 644 -3318 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Attn: Public Works Department EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT City Of Newport Beach FAILURE TO DO SO SHALL IMPOSE NO OBLIG N 0 BILITY OF ANY KIND UPON THE 3300 Newport Boulevard INSURER, ITS AGENTS OR REPRES A AUTHORIZED REPRES TIV Newport Beach CA 92663 -3684 CORD 25 (2001 108) © ACORD CORPORATION 1988 ITM INS025(0108)05 ELECTRONIC LASER FORMS, INC.- (800)327 -0545 Page 1 oft IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. fk,, INS0251oioetos- Paget oft Policy Change Number POLICY NUMBER. POLICY CHANGES - COMPANY t FEC61001721 EFFECTIVE - - United Specialty Insular 5/18116 NAMEDINSUREb i WE Construction AUTH E COVERAGE PARTS AFFECTED: { i � Cismmerdial General Liatifry Primary Insurance I Excess & -Noh- Contributory Wording - -.I 3 This endorsement- rtodiFesinsuranc2pro vtded4nder the following: - ? 'The Additlopal insured Endorsement RJANKET �Df�tTIONAL INSURED Oy LESSEES. OR GONTRACTOAS AUTOMATIC STATUS WHEN REQU112 CONSTRUCTION A4 EMW WITH YOU (CG2033 07704) is amended to inclu; - ( foJloWifl.9 p: Coverage plovided by - -this policy, to the Additionalirisure.01s) shoWb,in the $chgdul primary insurance and a y other insurance maipfajned by the gddtional Insureds) 3! - e�teess and. Ptih�onfibutory, b itpgly 604uired of the Named Insured py an `insured cc � i I 4 a 7 A fj ' M &E Construction POLICY NUMBILR: FFC61001721 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. San Goigonio Healthcare District, Its off -Imm, agents, employees, wnsultants, Prowest Consrmcwrs, and I [DR Architecture, Inc. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: - COMMERO'AL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) or organization (s): Location And Description Of Completed Operations As Required By Written Contract For Commercial Work Only Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for 'bodily injury" 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 ". . Page 1 of 1 CG 20 37 07 04 M & E Construction Policy # FEC61001721 COMMERCIAL GENERAL LIABILITY Effective Date 6/18/2011 CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured Is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when Your operations for that additional insured are completed- 13 With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury" or "property damage" occurring after. a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional Insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 © 180 Properties, Inc., 2004 M & E Construction POLICY #: FEC61001721 Effective Date: 6/18/2011 COMMERCIAL GENERAL LIABILITY CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: All clients of the insured where required by written contract. (It no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. ) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: — We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and inducted in the "products- completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 © Insurance Services Office, Inc., 1992 loft -icc>Ra' CERTIFICATE OF LIABILITY INSURANCE OPID MC UAIt(MMIUDIYYYY) Mt, _2 10/19/3.0 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Hunter Insurance Services, Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Agency Lic# OD94594 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 7863 La Mesa Blvd ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. La Mesa, CA 91941 Phone: 888-815-7639 Fax:619- 465 -1926 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURERA: Delos Insurance Comoanv 35408 M & H Construction INSURER C: Manuel Torres 7938 Wood Road INSURER D: Riverside CA 92508 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED By PAID CLAIMS. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MMIDDIYYYY DATE MWDD/YYYY I LIMITS GENERAL LIABILITY EACH OCCURRENCE $ PREMISES �Ea occurence) $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE El OCCUR MED EXP (Any one person) $ PERSONAL B ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $ POLICY PRO ECT OC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHERTHAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR F-I CLAIMS MADE AGGREGATE $ S DEDUCTIBLE !s $ RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETI)IIIPAIIFNEF?J OFFICER/MEM EREXCLUDEDEXECUTIV�� 04DKRM12001090 09/22/10 09/22/11 X TORY LIMITS ER E.L. EACH ACCIDENT $ 1000000 ELDISEASE- EAEMPLOVEE $ 100 0000 L (Mandatary in NH) 1 If yes, describe under SPECIAL PROVISIONS below - EL. DISEASE - POLICY LIMIT $1000000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Cancellation: 10 day non -pay, 30 days all others Project: Balboa Blvd @ Washington Street Parking Lot Waiver of Subrogation to follow from carrier. CERTIFICATE HOLDER CANCELLATION City of Newport Beach Fax: 949.644.3318 Attn: Shauna Oyler 3300 Newport Blvd. Newport Beach CA 9266: ACORD 25 (2009101) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. the ACORD name and logo are registered marks of ACORD reserved. WORKERS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover from our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. Person or Organization Blanket Waiver Minimum Premium $500 2307:14 @1111! ol Job Description All California Operations 2% of the total classification This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 9/22/2010 Policy No. 04DKRMl- 2001 -090 Endorsement No.1 Insured Torres, manuel (An Individual) Insurance Company: Delos Insurance Company- 35408 DBA: M & E Construction Countersigned By: 61998 by the Workers' Compensation Insurance Rating Bureau ofCalffornla All rights reserved. From the WCIRB's Califomia Workers' Compensation Insurance Forms Manual ©2001. 1 0/1912010 sn CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 9/23/10 Dept. /Contact Received From: Shauna Oyler Date Completed: 9124/10 Sent to: Shauna Oyler By: Kristin Walters Company /Person required to have certificate: M & E Construction I. GENERAL LIABILITY A. INSURANCE COMPANY: United Specialty Insurance Company B. AM BEST RATING (A-: VII or greater): "A "(VIII) C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? ❑ Yes ® No D. LIMITS (Must be $1 M or greater): What is limit provided? $1,000,000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) ® Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ® Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ❑ Yes ® No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence' wording? ❑ Yes ® No I. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. 11. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Century National Insurance Insurance Company B. AM BEST RATING (A-: VII or greater) "A-'(IX) 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. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No F. 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. i fi. r III. WORKERS' COMPENSATION LX A. INSURANCE COMPANY: No Workers Compensation Coverage Provided. B. AM BEST RATING (A-: VII or greater): C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ❑ Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ❑ Yes ® No IF NO, WHICH ITEMS NEED TO BE COMPLETED? GL) Insurance Company is Non - Admitted, see below Approved: Agent of Brown & Brown Broker of record for the City of Newport Beach Date ® Requires approval /exception /waiver by Risk Management Comments: GL) Insurance Company is Non - Admitted. Approved: p q Risk-Management Date initials CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL BALBOA BLVD/WASHINGTON STREET PARKING LOT CONTRACT NO. 4479 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. 4479 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 1► 3 Lump Sum Mobilization @ S i VwWU0 Dollars and oXD Cents $ 53 b25 Per Lump Sum Lump Sum Traffic Control ' A�p\)5 -)p Dollars do and �=� � Cents $ k'O c) an Per Sum I Lump Sum Survey Services @ QrAF_ "C `LSO Dollars and 00 %tag Cents Per Lump Sum PR2of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE C! 5 L 7 :, M 400 C.Y. Existing Pavement Removal and Preparation @ "iht�2� Dollars and Cents $ So— Per o �- o0 $ d Per Cubic Yard 350 TN Aggregate Base @ � Dollars oand QQ 00 Z,C�o Cents $ 2 0 _ $ T000 Per Ton 250 TN Asphalt Concrete Pavement @ 5emk),M Dollars and od 60 Cents $ 70 Per Ton 1,850 S.F. Integrally Colored Concrete @ Dollars and Cents $ __ _o; Per Square Foot 475 S.F. 2 -Foot Wide Integrally Colored Concrete Banding @ 1pwe Dollars O� and 00 is,„ Cents $ 5 $ 2 , 3-I 500 Per Squapb Foot 1,400 S.F. Remove Existing and Construct PCC Sidewalk @ N: we Dollars 00/ and 00 00 o Cents $ 5 $ 1o 0 0 Per Square Foot PR3of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 600 S.F. Remove Existing Driveway Approach and Construct PCC Walk @ IF we Dollars and 045 moo Cents $ 00 $ 3 000— Per 00—Per Square Foot ' 11. 200 L.F. Remove Existing and Construct Variable Height PCC Curb and Gutter @ TWFJ\JT{ Dollars %00 and Cents $ 2.0 $ ooa Per Linear Foot 12. 500 S.F Remove Existing and Construct PCC Driveway Approach @ r"EQ Dollars and O o 7z O'D Cents $ to $ 5 0100 Per Square Foot 13. Lump Sum Design/Build Irrigation System @ T= we TVo,1Sr,.jp Dollars ob/ and Cents $ S 00 Per Lump Sum 14. Lump Sum Landscaping @ tWu5A-ja Dollars and ao leo Cents $ 5 000 Lump Sum 15. 33 Each Concrete Wheel Stop @_FIm Dollars o and $ SO oo $ 5 000 ,o o Cents Per Each PR4of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 2 Each Parking Pay Station Mounting Foundation @ ��F I�v,�Lt Dollars ou and /mob Cents$ _r�O a $ O 0 0 Per Each 17. 3 Each New Parking Lot Light @ "jW o 13�WSpfo _Dollars and VI-00 Cents $ 7 M Q� $ 6 Coo— 18. Per Each �- 18. Lump Sum Pay Station Signage @ K%,JE JNajo aco Dollars 0o and J o0 Cents $ 5,00 $ Sao Per Lump Sum 19. Lump Sum Slurry Seal @ Ppoa. '1N�A"Dollars ov and t� Cents $ Ono"-� Per Lump Sum 20. Lump Sum Parking Lot Striping and Space Numbers Painting @ Dollars ou/ and a a Cents $ Coo p �D Per Lump Sum If 21. Lump Sum Plant Establishment and Maintenance @ T\Aevsorrz Dollars Zand 00 a L) Cents o p Per Lu p Sum PR5of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. Lump Sum As -Built Plans @ C)t4iE Dollars ©V and Cents $ 1.00. p0 Per Lump Sum TOTAL PRICE IN WRITTEN WORDS oN Moot ) and t v Cents ,F0Q7N— �k__ tvE n JS�r� / kl c-- Dollars $ 1 5 0 D 0 '3" total Base Price (Figures) Additionally, by signing and sub�iiitting a Proposal, t,ie Contractor is fully aware and has agreed that the first day of work will be November 1, 2010. The last of work will be December 15, 2010. Furthermore, the contractor has agreed that the "Contract Clock" will start on November 1, 2010. The contractor is strongly advised to submit all necessary contract documents including work schedule, traffic control plan, and insurance certificates for contract execution immediately following City Council Award so that work can begin on or before November 1, 2010. Date Bidder's Telephone and Fax Numbers '�59�N(n N)b Bidder's License No(s). and Classification(s) Bidder's email address: 1" ` E. Bidder it',- � " r\ IlAe 's Aut orized Signature and Title Ia36 \�3 0zD 20�� Bidder's Address CP 0125>0�) at C-ov\A SECTION 2 2 -6 2 -9 2 -9.3 2 -9.6 SECTION 3 3 -3 3 -3.2 3 -3.2.3 SECTION 4 4 -1 4 -1.3 4 -1.3.4 SECTION 5 5 -1 5 -2 SECTION 6 6 -1 6 -7 6 -7.1 6 -7.2 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS BALBOA BOULEVARD AT WASHINGTON STREET PARKING LOT CONTRACT NO. 4479 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SCOPE AND CONTROL OF THE WORK 1 WORK TO BE DONE 1 SURVEYING 1 Survey Service 1 Survey Monuments 2 CHANGES IN WORK 2 EXTRA WORK 2 Payment 2 Markup 2 CONTROL OF MATERIALS 2 MATERIALS AND WORKMANSHIP 2 Inspection Requirements 2 Inspection and Testing 3 UTILITIES 3 LOCATION 3 PROTECTION 3 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 3 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK 3 TIME OF COMPLETION 4 General 4 Working Days 4 6 -7.4 Working Hours 4 6 -9 LIQUIDATED DAMAGES 5 6 -11 EARLY COMPLETION INCENTIVE 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -7 COOPERATION AND COLLATERAL WORK 5 7 -8 PROJECT SITE MAINTENANCE 6 7 -8.5 Temporary Light, Power and Water 6 7 -8.5.1 Steel Plates 6 7 -8.6 Water Pollution Control 6 7 -8.6.1 Best Management Practices and Monitoring Program 6 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 7 -10.1 Traffic and Access 7 7 -10.2 Storage of Equipment and Materials in Public Streets 7 7 -10.3 Street Closures, Detours, Barricades 7 7 -10.4 Public Safety 8 7- 10.4.1 Safety Orders 8 7 -10.5 "No Parking" Signs 8 7 -10.7 Notice to Residents and Temp Parking Permits 7 7 -15 CONTRACTOR LICENSES 9 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 9 SECTION 9 MEASUREMENT AND PAYMENT 9 9 -3 PAYMENT 9 9 -3.1 General 9 9 -3.2 Partial and Final Payment 12 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 12 201 -1 PORTLAND CEMENT CONCRETE 12 201 -1.1.2 Concrete Specified by Class 12 SECTION 203 -5 EMULSION - AGGREGATE SLURRY 13 203 -5.2 Materials 13 PART 3--- CONSTRUCTION METHODS SECTION 300 EARTHWORK 13 300.1 CLEARING AND GRUBBING 13 300 -1.3 Removal and Disposal of Materials 13 300 -1.3.1 General 14 300 -1.3.2 Requirements 14 300 -1.5 Solid Waste Diversion 14 SECTION 302 ROADWAY SURFACING 14 302 -4 EMULSION - AGGREGATE SLURRY 14 302 -4.3 Application 14 302 -4.3.1 General 14 302 -4.3.2 Spreading 14 302 -4.3.4 Application Testing 15 302 -5 ASPHALT CONCRETE PAVEMENT 15 302 -5.1 General 15 302 -5.4 Tack Coat 15 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 15 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 15 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 15 303 -5.1 Requirements 15 303 -5.1.1 General 15 SECTION 310 PAINTING 15 310 -5 PAINTING VARIOUS SURFACES 15 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings 15 310 -5.6.6 Preparation of Existing Surfaces 16 SP 1 OF 16 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ���/ No. SPECIAL PROVISIONS CONTRACT NO. 4479 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. M- 5412 -S); (3) the City's (2004 Edition), including Supplements; (4) Standard Specifications for Public Works Construction (2003 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the majority completion of this contract consists of replacing the existing parking lot pavement; constructing concrete curbs, gutters, and sidewalks; designing /building a irrigation system; installing landscaping; and installing parking lot striping." 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The Contractor's California Licensed Land Surveyor shall utilize /follow the existing City survey records used for the project design to provide all construction survey services that are required to construct the improvements. At a minimum, two (2) sets of cut - sheets for all areas shall be included in the bid price and copies of each set shall be provided to City 48 -hours in advance of any work. In addition, the filing of a Corner Record and /or a Record of Survey with the County Surveyor's Office is required after the completion of Work. Prior to any SP 2 OF 16 demolition Work the Contractor shall prepare and submit the Corner Records for review by the City a minimum of three (3) working days before the anticipated Work. Existing street centerline ties and property corner monuments are to be preserved. The Contractor shall be responsible for the cost of restoring all survey ties and /or monuments damaged by the Work." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 15 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 SP3OF16 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 after the 3'd paragraph: "upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 5 -2 PROTECTION. Add the following: "in the event that an existing pull or meter box or cover is damaged by the Work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." SECTION 6 - -- PROSECUTION PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed.' No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." SP4OF16 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall, excluding the plant establishment and maintenance period, complete all work under the Contract within thirty (30) consecutive working days after the date on the Notice To Proceed. The Notice To Proceed will be issued with the first day of work as November 1, 2010. The last day of work on this contract will be December 15, 2010. The Contractor is therefore strongly advised to make sure of its ability to comply with the contract insurance requirements for timely contract execution. The "Contract Clock" will start on November 1. 2010 even if the contract has not been executed and the pre- construction meeting has not been held. 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 4"', the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24tH (Christmas Eve), December 25th (Christmas), and December 31St (New Year's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December 31st falls on a Sunday, the following Mori ft is a holiday. If January 1St July 4tH November 11th December 24th December 25t or December 31st falls on a Saturday, the Friday before is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 8:00 AM to 4:00 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 4:00 PM to 6:30 PM on weekdays or 8:00 AM to 6 PM on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $123.00 per hour when such time periods are SP5OF16 approved. Said inspection cost may be waived by the Engineer if and only if the Contractor has progressed on the work satisfactorily and in a meaningful manner. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $2,000.00, for each calendar day beyond the December 15, 2010 stipulated completion date. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $2,000.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." 6 -11 EARLY COMPLETION INCENTIVE. To encourage the Contractor to complete the work (excluding plant establishment and maintenance) before the holiday shopping season begins, an early completion incentive in the daily sum of $500.00, could be earned by the Contractor for early work completion for each work day the work is completed before November 24, 2010. The maximum incentive amount shall not exceed $2,500. SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 AM to 2:00 PM or a six -hour shut down between the hours of 11:00 PM to 5:00 AM will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department. The City must approve any nighttime work in advance. The Contractor shall provide and install new water meter and valve boxes. Existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Operation Manager, at (949) 718 - 3402." SP 6 OF 16 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7 -8.5.1 Steel Plates. Add this section: "Steel plates utilized for utility trenching shall be the slip resistant type per Caltrans Standards. In addition, steel plates utilized on arterial highways shall be pinned and recessed flush with existing pavement surface." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at www.newportbeachca.gov /publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. 7 -8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw - cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP 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 SP7OF16 Contractor for all costs plus 15 percent. The Contractor may also receive a separate Administrative Citation per Section 14.36.030A23 of the City's Municipal Code. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7- 10.3)." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre- construction condition. The 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 for the adjacent streets and parking lot. The Contractor shall be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed traffic engineer. Traffic control and detour plans shall meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. SP8OF16 3. All advanced warning sign installations shall be reflectorized and /or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners." 7 -10.4 Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.7 Notices to Residents and Businesses. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall SP9OF16 require re- notification. The Contractor shall insert the applicable dates and times at the time the notices are distributed. The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the City. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess an "A" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and reviewed by the Engineer at the time each progress bill is submitted. 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. It shall be the contractor's responsibility to arrange for the appropriate changes to be made to the final drawing set and submit same to the Engineer prior to work acceptance. The "As- Built" plans shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: SP 10 OF 16 Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the SWPPP or BMP Plan and construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications, preparing traffic control plans, providing the traffic control such as signs, cones, barricades, flagpersons, and all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of Newport Beach Requirements. Item No. 3 Survey Services: Work under this item shall include all of the costs for the Contractor to retain its California Licensed Surveyor to provide the surveying needed to complete the work as shown on the plans. Item No. 4 Existing Pavement Removal and Preparation: Work under this item shall include the removal and disposal of the pavement and base sections within the footprint of the new improvements shown on the plans. The subgrade shall be graded and compacted to minimum 95% relative compaction to receive the new improvements. Item No. 5 Aggregate Base: Work under this item shall include grading, placing, and compacting the 4 -inch thick crushed aggregate base and all other work items as required to complete the work in place. Item No. 6 Asphalt Concrete Pavement: Work under this item shall include tack coating all join surfaces and constructing the 4 -inch thick asphalt concrete pavement and all other work items as required to complete the work in place. Item No. 7 Integrally - Colored Concrete: Work under this item shall include placing 4 -inch thick integrally colored concrete with an exposed aggregate finish. The color shall, to the extent possible, match that existing within the adjacent Palm Street parking lot. The sawcut pattern, width, and depth shall match that existing within the adjacent Palm Street parking lot. Item No. 8 2 -Foot Wide Integrally - Colored Concrete Banding: Work under this item shall include placing the 4 -inch thick integrally - colored concrete banding with a smooth finish. The color shall, to the extent possible, match that existing within the adjacent Palm Street parking lot. Item No. 9 Remove Existing and Construct Thick P.C.C. Sidewalk: Work under this item shall include removing and disposing of the existing sidewalk, subgrade compaction, constructing the 4 -inch thick P.C.C. sidewalk, and all other work items as required to complete the work in place. Any existing lithocrete concrete damaged beyond the work limits shall be repaired to the satisfaction of the Engineer by a licensed and experienced lithocrete contractor at the Contractor's sole expense. The existing lithocrete was constructed by Shaw and Sons (949- 642 - 0660). SP 11 OF 16 Item No. 10 Remove Existing Driveway Approach and Construct P.C.C. Sidewalk: Work under this item shall include removing and disposing of the existing sidewalk, subgrade compaction, constructing the minimum 4" P.C.C. sidewalk, and all other work items as required to complete the work in place. Any existing lithocrete concrete damaged beyond the work limits shall be repaired to the satisfaction of the Engineer by a licensed and experienced lithocrete contractor at the Contractor's sole expense. The existing lithocrete was constructed by Shaw and Sons (949- 642 - 0660). Item No.11 Remove and Construct Variable Height P.C.C. Curb and Gutter: Work under this item shall include removing and disposing of curb and gutter, subgrade compaction, constructing variable height, Type -A P.C.C. curb and gutter, AC patch back, curb painting, restoring all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 12 Remove and Construct P.C.C. Driveway Approach: Work under this item shall include removing the existing improvements, compacting the subgrade to minimum 95% relative compaction, and constructing 6" thick P.C.C. driveway approach and all other work items as required to complete the work in place. Item No. 13 Design /Build Irrigation System: Work under this item shall include a review of the existing irrigation system in the adjacent parking lot, designing an irrigation systems for the new landscape areas with the same coverage as the existing parking lot irrigation system using components from the City approved list for valves, couplers, disconnects, boxes, lines, nozzles, sprays, pipes, wirings, and backflow device, obtaining Engineer's approval on the irrigation system prior to system installation, furnishing and installing a RainMaster DX station upgrade kit to upgrade the existing controller to 30 stations, constructing the new system and connecting it to the upgraded controller, installing irrigation trenching, backfill, concrete pavement removal and reconstruction, and all other work items as required to complete the work in place. Item No. 14 Landscaping: Work under this item shall include a 30 -day weed kill period, a contractor provided soil report recommending the types and amounts of amendments required for the proposed plants, furnish and place the required soil amendments, install the plants per City Standards and generally accepted construction practices, and all other work items as required to complete the work in place. Item No. 15 Concrete Wheel Stop: Work under this item shall include furnishing and installing concrete wheel shops complete with two 12 -inch long No.4 anchoring dowels per wheel stop. The wheel stops for the handicapped parking spaces shall be painted blue. Item No. 16 Parking Pay Station Mounting Foundation: Work under this item shall include all of the labor, materials, and equipment costs to construct 36 "L x 36 "W x 12 "D concrete foundation, furnish and install 5/8" diameter x 10 -inch long stainless steel SP 12 OF 16 mounting bolts with quick -set per City supplied bolt pattern template, and all other work items as required to complete the work in place. Item No. 17 New Parking Lot Light: Work under this item shall include all of the labor, materials, and equipment costs to furnish and install all components from the pull box point of connection complete in place per City Standard Plan STD - 202 -L -A. Item No. 18 Pay Station Signage: Work under this item shall include all of the labor, materials, and equipment costs to furnish and install twelve (12) new 10 -foot X 2 -inch X 2 -inch slotted aluminum sign posts and sleeves with quick -set or other prior approved method, furnish and install stainless steel nut -n -bolt fasteners to secure the City provided signs (2 signs per post) in place, and all other work items as required to complete the work in place. No rivets shall be allowed. The minimum ground clearance is 7 feet. Item No. 19 Slurry Seal: Work under this item shall include all of the labor, materials, and equipment costs to crack and slurry seal the adjacent existing parking lot with Type -1 slurry. Item No. 20 Parking Lot Striping and Space Numbers Painting: Work under this item shall include all striping and painting work items for both the existing and new parking lots as shown on the drawings and 66 3 -digit 12" high pay station space numbes. Item No. 21 Plant Establishment and Maintenance: Work under this item shall include all of the labor, materials, and equipment costs to replace failed plants and maintain all installed landscaping for a period of 180 days. Item No. 22 As -Built Plans: The Contractor shall furnish the Engineer with an as- built redline drawings. The City will not release the retention payment or the bonds if this work item is not satisfied. 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." SP 13 OF 16 SECTION 203 -5 EMULSION - AGGREGATE SLURRY 203 -5.2 Materials. Replace 1) with the following: "Emulsified Asphalt shall be of a quick set type. It shall be cationic unless otherwise specified and shall conform to the requirements of CQS -1 h of 203 -1.3 (Test Reports and Certification), 203 -3.2, and to the following specifications when tested according to appropriate ASTM Methods: Minimum Maximum Furol Viscosity at 77 degrees F sec. 15 50 Sieve Test 0.10 Residue from distillation. % 60 80 Penetration of Residue at 77 degrees F 40 75 Particle Charge Test Positive Replace 2) with the following: "ADDITIVES: Latex - Latex shall be Ultrapave 65K produced by the Textile Rubber and Cement Company, Inc., or equal approved by the Engineer in advance of ordering the latex additive. It shall be added to the emulsified asphalt by the co -mill method at the emulsion plant at the rate of 2' /z percent of weight of the emulsified asphalt. Latex - added emulsified asphalt shall be kept in a suspended state by an agitating mixer and mixed every three days. Materials testing shall be performed as directed by the Engineer." Replace in Table 203 -5.2 (B): Sand Equivalent shall range from a value of 55 to a value of 45." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials Add to this Section: `Removal and disposal of material shall be done by City approved Licensed and Franchised Commercial Solid Waste Haulers. A current list of approved haulers can be provided upon request or be found on the City's website at: www/ newportbeachca .qov /generalservices and clicking on refuse, then selecting the link Franchised Haulers List." SP 14 OF 16 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday." 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." Replace the words 1-Y2 inch" of the last sentence with the words "two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. SECTION 302 - -- ROADWAY SURFACING SECTION 302 -4 EMULSION - AGGREGATE SLURRY 302 -4.3 Application 302 -4.3.1 General. Add to this section; "Type I slurry shall be applied on all residential streets and parking lots at the rate of 9.5 pounds per square yard. At all intersections where the intersecting street does not receive a slung seal, slurry seal application shall end along a projection of the edge of gutter (or curb face if no gutter exists) of the intersecting street unless otherwise directed by the Engineer." 302 -4.3.2 Spreading. Replace the first sentence of the second paragraph with, "The application of slurry shall not commence until after 8:00 a.m. Final stripping shall be installed no more than ten (10) working days after placement of slurry." SP 15 OF 16 Replace the first sentence of the third paragraph with, "Prior to the slurry application, the Contractor shall clean all work surfaces and remove all loose materials, vegetation, oil, and other foreign material. Additionally, all weeded locations shall be treated by an approved weed - killer before any slurry shall be applied." 302 -4.3.4 Application Testing. Add this section: "Upon the Engineer's direction, the Contractor shall slurry seal test sections within the construction limits for each batch of slurry mix. The Contractor shall apply the slurry test sections as directed by the Engineer. No slurry shall be applied until the test slurry sections have been approved the Engineer. The costs of these slurry tests shall be included in the contract price paid for slurry seal and no additional compensation shall be made by the City to the Contractor." 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section: 'The asphalt concrete (A.C.) used for surface caps shall be III -C3 -AR -4000. The top 1-Y2 inches of asphalt shall be placed in a separate lift." 302 -5.4 Tack Coat. Add to this section: "Prior to placing the asphalt concrete patches, a tack coat of Type SS-1h asphaltic emulsion at a rate not to exceed one — tenth (1/10) of a gallon per square yard shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 3,000 psi." SECTION 310 - -- PAINTING 310 -5 PAINTING VARIOUS SURFACES 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings SP 16 OF 16 310 -5.6.6 Preparation of Existing Surfaces. Modify and amend this section to read: "The Contractor shall remove all existing thermoplastic striping and pavement markings prior to application of slurry seal by a method approved by the Engineer." The final striping for all painted areas shall be sprayable reflectorized thermoplastic. The sprayable reflectorized thermoplastic pavement striping shall not be applied until the paving has been in place for at least 15 days. The thermoplastic shall be applied at 0.45 mm minimum thickness. If the Contractor fails to perform striping as specified herein, the Contractor shall cease all contract work until the striping has been properly performed. Such termination of work shall require the Contractor to re- install "NO PARKING, TOW- AWAY" signs and re- notify the affected residents, at the Contractor's sole expense. CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT SEP 9. P, 9- Agenda Item No. 12 September 28, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Fong Tse, Principal Civil Engineer 949 - 644 -3321 orftse @newportbeachca.gov SUBJECT: BALBOA BOULEVARD ATWASJzQNGTON STREET PARKING LOT — AWARD OF CONTRACT NO 4479 ISSUE: Staff requests City Council approval to award the Balboa Boulevard at Washington Street Parking Lot Project to M &E Construction. RECOMMENDATIONS: 1. Approve the project drawings and specifications. 2. Award Contract No. 4479 to M &E Construction for the Total Bid Price of $157,000.00 and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $18,200.00 to cover the cost of unforeseen work. DISCUSSION: The City last year bought the former Balboa Market located at 608 E. Balboa Boulevard to construct a new municipal surface parking lot that mirrors the existing adjacent "Palm Street" parking lot. Staff accordingly prepared the plans and specifications and advertised the project for bids. At 9:00 AM on September 9, 2010, the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low M & E Construction $157,000.00 (1) 2 Jeff Tracy, Inc. DBA Land Forms Landscape 160,936.25 3 Elite companies U.S 164,320.75 4 B & T Works, Inc. 183,812.50 5 YAKAR 187,625.00 6 Ben's Asphalt 197,204.50 (2) 7 All American Asphalt 198,198.00 8 Hardy & Harper, Inc. 204,793.75 9 Nobest, Inc. 237,000.00 Balboa Boulevard at Washington Street Parking Lot Project Award of Contract No.4479 September 28, 2010 Page 2 (1) The bid was read as $145,000.00 at bid opening. (2) The bid was read as $197,206.50 at bid opening. The low total bid amount is approximately 10.3% lower than the Engineer's Estimate of $175,000.00. The low bidder, M &E Construction (M &E), possesses a California State Contractors License Classification "A" as required by the project specifications. A check of M &E's references indicates satisfactory completion of similar projects mostly as a subcontractor for other local public agencies. The second low bidder, Land Forms, submitted the attached protest letter the day after bid opening, questioning M &E's ability to complete the work. Staff discussed the issue with M &E and has determined that M &E has satisfied the contract requirements. When completed, the new parking lot will have thirty (30) regular parking spaces, two (2) handicapped parking spaces, at grade integrally colored and patterned concrete landings and bands, three (3) interior parking lot lights, landscaping, irrigation, striping, and a widened regular concrete sidewalk along the Washington Street frontage. As a part of this project, the existing adjacent "Palm Street" parking lot will be slurry sealed and receive new striping which will provide both lots with a more coherent appearance. The existing two (2) driveway approaches along Balboa Boulevard will be closed and replaced with new full height curb and gutter. One (1) on- street parking space will be added on Balboa Boulevard at the "Balboa Market driveway" plug. Both the "Palm Street" and the new parking lot will each be served by a parking pay station to be installed by the Administrative Services Parking Meters Division after the parking lot work has been completed. The existing market building will be demolished and removed under separate contract by a building demolition contractor ahead of the parking lot construction. The new curved Balboa Village concrete entry monument sign will be constructed by a separate sign specialty contractor concurrent with the parking lot work. Pursuant to the Contract Specifications, M &E has thirty (30) consecutive working days to complete the work, but no later than December 15, 2010. If work completion is delayed beyond the December 15, 2010 deadline, the Contract stipulated a liquidated damages assessment in the amount $2,000 per calendar day. Consultant geotechnical services will not be required for this project since staff expects the subgrade existing at the site to be acceptable beach sand. ENVIRONMENTAL REVIEW AND PERMIT: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines. This exemption covers the minor alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. A California Coastal Commission (CCC) Development De Minimis Waiver has been issued for this project. Balboa Boulevard at Washington Street Parking Lot Project Award of Contract No.4479 September 28, 2010 Page 3 PUBLIC NOTICE: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work, two -City prepared notices will be distributed by the Contractor to residents within the project vicinity. The first notice will be distributed ten days before work in the area and the second notice 48 hours prior to starting work in the area. FUNDING AVAILABILITY: Sufficient funds are available in the following account for the project. Account Description Account Number Amount Balboa Blvd/Washington St Parking Lot 7024- C3002008 176,200.00 Total: $ 176,200.00 Proposed uses are as follows: Vendor Purpose Amount M &E Construction Construction Contract $ 157,000.00 M &E Construction Construction Contingency $ 18,200.00 Various Construction Support, Printing and Incidentals $ 1,000.00 Total: $ 176,200.00 Prepared by: Civil Engineer Submitted by: Attachments: Project Location Map Protest Letter from Land Forms Landscape P� 4~ J y� QP f h� �e0 ekB� O MEq ngR�,NC O U LOCATIrONEMAP BALBOA BLVD./ WASHINGTON ST. PARKING LOT C -4479 J. Tracy, Inc. DBA .d Forms gape Construction September 10, 2010 Mr. Stephen G. Badum Director of Public Works City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 -8915 Re.: Balboa Blvd. at Washington Street Parking Lot bid results Letter of Protest Dear Mr. Badum, Please accept this letter as Land Forms Landscape Construction's formal letter of protest of the apparent low bid submitted by M &E Construction (M &E) for the above referenced project. The following information is presented as support for our protest, and as a result of the information we provide, we believe the City of Newport Beach will be compelled to consider the bid of M &E Construction as non - responsive. First, and most obvious, is the absence of listed subcontractors. We, as an A license contractor understand that we are allowed by the covenants of an A license to pretty much self - perform all tasks related to construction, however, that does not mean we should, or that we are qualified. The Designation of Subcontractors section of the bid documents states, "If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible to perform that portion of the work. " We interpret this as meaning a contractor possesses satisfactory experience. Our research indicates that M& E Construction is primarily a home - builder and as such is almost always engaged in subcontractor relationships on their projects. Of particular interest on this project is the installation of slurry that has been specified. Prior to bid time, we consulted several a/c paving companies regarding the slurry portion of the work. Without exception, they all deferred to specialty contractors for this work. We do not believe that M &E is qualified to self - perform this work. In fact, we request the City review all bids submitted in an effort to identify the bidders that listed a subcontractor for this work. We believe that any contractor that bid this project and did not list a slurry subcontractor be subjected to scrutiny. At minimum, we would expect the City to further investigate M &E's ability to perform the specialty work items with intense diligence. We do not believe they are qualifie d to perform all of the work this project requires. CA Lie # 712339 AZ Lie # 105723 Southern California 27601 Forbes Road, Suite 36 • Laguna Niguel, California 92677 -1237 • (949) 582 -0877 Fax (949) 582 -0876 Second is the glaring math error that resulted in an amounced M &E Construction bid of $145,000. Once we calculated their unit prices against the stated quantities, we discovered that their bid should total $157.000, $12,000 higher than their announced bid. If the City accepts M &E's bid at $145,000, there is an impossibility of making the unit prices add up to their $145,000 total. Any manipulation of these numbers after- the -fact should absolutely deem their bid as non - responsive, and certainly non - responsible. If the City awards the work to M &E based on the $157,000 figure, what you would be saying is it is ok to make mistakes on a public bid. In fact, we will reward you with an additional $12,000 for your efforts. This seems unfair, at minimum, to all of the other responsive and responsible bidders that were bound to the documents. Third, we scrutinized IME's unit prices and discovered a gross abuse of the bid form. Their mobilization unit price is way off as a percentage of the entire project and in no way represents the intent of the mobilization item as defined in the bid documents. These are definitely acts of a non - responsible bidder. Close investigation of the M &E bid reveals numerous incidents where the unit price listed cannot cover the costs of the work to be performed, thereby making a complete mockery of the bid schedule. For example, M &E lists the three new parking lot lights with a unit price of $2,000 each, resulting in a bid item total of $6,000. We have a quote from our electrical subcontractor revealing the cost alone of the three specified light standards is $11,445.00, excluding labor, equipment and allowable mark -up. We ask that you compare the M &E bid to the others that were submitted, after which we are confident you will find their bid to be markedly inconsistent. Based on first -hand experience, mistakes of this type result in a bid being determined non- responsive. Land Forms has a solid working relationship with the City of Newport Beach from previous work, and are confident in our ability to perform with a high degree of professionalism and expected quality. We look forward to the City's decision to find M &E's bid non - responsive and non - responsible, and the subsequent award of the project to Land Forms Landscape Construction. Sincerely, Land Forms Landscape Construction Jeff Tracy, President CA Lie # 712339 AZ Lie # 105723 Southern California 27601 Forbes Road, Suite 36 • Laguna Niguel, California 92677 -1237 • (949) 582 -0877 Fax (949) 582 -0876