HomeMy WebLinkAboutC-4584 - Former Balboa Market Demolition and Removal (608 E. Balboa Boulevard)ZoO CITY OF NEWPORT BEACH CITY CLERK
v
NOTICE INVITING BIDS
Sealed bids may be received at the office of the City Clerk,
3300 Newport Boulevard, Newport Beach, CA 92663
until 10:00 A.M. on the 17th day of August, 2010,
at which time such bids shall be opened and read for
FORMER BALBOA MARKET DEMOLITON AND REMOVAL
Title of Project
MANDATORY JOB WALK: 8/11/2010 @ 10AM
608 E. Balboa Boulevard
Contract No. 4584
$36,000.00
Engineer's Estimate
by
Zephen G. Badum
blic Works Director
Prospective bj d"ers may obtain one set of bid documents for $10.00
at the office of the Public Works Department,
3300 Newport Boulevard, Newport Beach, CA 92663
Contractor License Classification(s) required for this project. "C -21"
For further information, call Fong Tse, Project Manager at (949) 644- 3321
BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE:
hftp://www.NewportBeachCA.gov
CLICK: Online Services /Bidding & Bid Results
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
FORMER BALBOA MARKET DEMOLITION AND REMOVAL
Contract No. 4584
TABLE OF CONTENTS
NOTICE INVITING BIDS .......................................................... ............................... Cover
INSTRUCTIONS TO BIDDERS ........................................................ ..............................3
BIDDER'S BOND .............................................................................. ..............................5
DESIGNATION OF SUBCONTRACTOR(S) ..................................... ..............................8
TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................9
NON - COLLUSION AFFIDAVIT ........................................................ .............................13
DESIGNATION OF SURETIES ........................................................ .............................14
CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 15
ACKNOWLEDGEMENT OF ADDENDA .......................................... .............................17
INFORMATON REQUIRED OF BIDDER ......................................... .............................18
NOTICE TO SUCCESSFUL BIDDER ............................................. .............................21
CONTRACT..................................................................................... .............................22
LABOR AND MATERIALS BOND .................................................... .............................28
FAITHFUL PERFORMANCE BOND ................................................ .............................32
PROPOSAL................................................................................ ............................... PR -1
SPECIAL PROVISIONS ................................................................. ...........................SP -1
V
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
FORMER BALBOA MARKET DEMOLITION AND REMOVAL
CONTRACT NO. 4584
INSTRUCTIONS TO BIDDERS
The following documents shall be completed, executed and received by the City Clerk in
accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND
DESIGNATION OF SUBCONTRACTORS
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
INFORMATION REQUIRED OF BIDDER
ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO
BID OPENING DATE (if any)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON - COLLUSION AFFIDAVIT
DESIGNATION OF SURETIES
PROPOSAL
2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price)
may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed
Bid" shall be clearly marked on the outside of the envelope containing the documents.
3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed
above. Bidders are advised to review their content with bonding and legal agents prior to
submission of bid.
4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently
authorized by the Insurance Commissioner to transact business of insurance in the State of
California, and (2) listed as an acceptable surety in the latest revision of the Federal Register
Circular 570. The successful bidder's security shall be held until the Contract is executed.
5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to
allow the comparison of total bid prices.
6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied
by unit price submitted by the bidder. In the event of discrepancy between wording and figures,
bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated
quantity by unit price, the correct multiplication will be computed and the bids will be compared
with correctly multiplied totals. The City shall not be held responsible for bidder errors and
omissions in the PROPOSAL.
The City of Newport Beach reserves the right to reject any or all bids and to waive any minor
irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at
the request and expense of the Contractor, securities shall be permitted in substitution of
3
money withheld by the City to ensure performance under the contract. The securities shall
be deposited in a state or federal chartered bank in California, as the escrow agent.
8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial
Relations has ascertained the general prevailing rate of per diem wages in the locality in which
the work is to be performed for each craft, classification, or type of workman or mechanic
needed to execute the contract. A copy of said determination is available by calling the
prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of
Industrial Relations. All parties to the contract shall be governed by all provisions of the
California Labor Code — including, but not limited to, the requirement to pay prevailing wage
rates (Sections 1770 -7981 inclusive). A copy of the prevailing wage rates shall be posted by
the Contractor at the job site.
9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5
of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public
Contracts Code, "Subletting and Subcontracting Fair Practices Act ".
10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the
bidder. For corporations, the signatures shall be of a corporate officer or an individual
authorized by the corporation. For partnerships, the signatures shall be of a general partner.
For sole ownership, the signature shall be of the owner.
The signature below represents that the above has been reviewed.
g oog6 C- ZI,L -(Z,A.,A;6,f &1,g�
Contractor's License No. & Classification
Date
rd
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
FORMER BALBOA MARKET DEMOLITION AND REMOVAL
Contract No. 4584
BIDDER'S BOND
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be jointly and severally held and firmly bound to the City of
Newport Beach, a charter city, in the principal sum of
Dollars ($ ), to be paid and forfeited to the City
of Newport Beach if the bid proposal of the undersigned Principal for the construction of
FORMER BALBOA MARKET DEMOLITION AND REMOVAL Contract No. 4584 in the City of
Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed
contract is awarded to the Principal, and the Principal fails to execute the Contract Documents
in the form(s) prescribed, including the required bonds, and original insurance certificates and
endorsements for the construction of the project within thirty (30) calendar days after the date
of the mailing of "Notification of Award ", otherwise this obligation shall become null and void.
If the undersigned Principal executing this Bond is executing this Bond as an individual,
it is agreed that the death of any such Principal shall not exonerate the Surety from its
obligations under this Bond.
See Cashier's Check
(Principal) attached in lieu of
Name ofS Bid Bond
Address of Surety
Telephone
Print Name and Title
(Notary acknowledgment of Principal & Surety must be attached)
ACKNOWLEDGMENT
.................................. ............................... r.............
State of California
County of
ss.
On before me,
Public, personally appeared
Notary
who
proved to me on the basis of satisfactory evidence to be th 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/6y his /her /their signatures(s) on the
instrument the person(s), or the entity upon behalf of w ich the person(s) acted, executed the
instrument. f
I certify under PENALTY OF PERJURY under
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
laws of the State of California that the
(seal)
.............................. p................................................
OPTIONAL INFORMATION
Date of Document
Type or Title of Document
Number of Pages in Docum
Document in a Foreign
Type of Satisfactory Evid nce:
Personally Know with Paper Identification
Paper Identifica on
Credible Witne s(es)
Capacity of Signer:
Trustee
Power of Attorney
CEO /CFO /COO
President / Vice - President / Secretary / Treasurer
Other:
Other Information:
7
Thumbprint of Signer
❑ Check here if
no thumbprint
or fingerprint
is available.
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
FORMER BALBOA MARKET DEMOLITION AND REMOVAL
CONTRACT NO. 4584
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
scription of W ork
%of
Total Bid
Name: co SPO,S0. ivl c.
Address: ISZ0% W00J_J&Mn'Av4_ J
TltemDe,
(� C121-Bv
Z0
Phone: (1ILI` LfN4 _?30
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State License Number: /V A
Name:
Address:
Phone:
State License Number:
Name:
Address:
Phone:
State License Number:
WeC,/Z A .lnc, D jGe
Bidder [J zed Signature/Title
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
FORMER BALBOA MARKET DEMOLITION AND REMOVAL
CONTRACT NO. 4584
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this form!!! Please print or type.
FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A
COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE.
For all i
rnhlir agency nrnjectg vni i have worked on (or are currently workinn onl in the
past 2 years in excess of $15,000, provide the following information:
No.1
Project Name /Number LeUz//�� // /
i .
nyy � ak S-C681 -d ur0(n M606 iw PydJJ4C4
Project Description
n
Approximate Construction Dates: From 3-01i), I To: 194US4 2d U 1
Agency Name( yAWz lf(tt P- tj SC '"a ( N'Svcr
Contact Person /Kr. ��� eplA TelephoneV3)
Original Contract Amount $AAO Final Contract Amount $ Z 4,5-0 0 . o�
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
0
No. 2
Project Name /Number ' e Mu
Project Description
Approximate Construction Dates: From v 2, 009 To:_ 6C,-7k 6— e- 2,011
Agency Name
Contact Person Imi. Ar yM CAct n4eS Telephone K3 -
6131
Original Contract Amount $213�Final Contract Amount $ -2-13 , 0 0
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 i� 1 A, I I
Project Name /Number �e rvw `I�pn ell /Vw 1�f 14 ev, /)i'At,j
P
Project Description a 1 P Wi W 5 99
Approximate Construction Dates: From NdV +-( � 2ATo: PibYtiNry� 2lJU
Agency Name Cl of IVS ' r\
Contact Person Mf. vSOhn L Telephone (fi1H Jr�3 - 37 l y
Original Contract Amount $11 000 Final Contract Amount $ Zzo,o e a
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.
10
No. 4
Project Name /Number
Project Description
Approximate Construction Dates: From
Agency Name
Contact Person
To:
Telephone ( )
Original Contract Amount $ Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you /Contractor? If yes, briefly explain and indicate outcome of claims.
No. 5
Project Name /Number
Project Description
Approximate Construction Dates: From
Agency Name
Contact Person
To:
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.
Bidder uthc 'z. ignat e/Title
12
Ismael E. Rodriguez
3965 Coast Oak Circle
Chino Hills, CA 91709
Phone: 626 -523 -1307
Email: ierodriguez @csupomona.edu
Education:
2003 -2007 Attended Mt. San Antonio College. At Mt. Sac I took most of my general Education
courses and also took the required surveying classes.
2007 - Present I am currently attending Cal Poly Pomona University. I am a senior in civil engineering
and my expected graduation is Winter 2011. 1 have taken all of the Geotechnical
classes and hands on Laboratories. In this courses, I learned the concepts behind
Geotechnical Engineering and also performed different Geotechnical tests such as
compaction tests, sieve analysis test, consolidation tests and more. I have also
completed all my structure analysis classes as well as wood and steel design classes.
Experience:
2004 -2007 Grade checker for Wreck Age Demolition Inc. As a grade checker Iwas able to apply
concepts that I learned in Surveying Classes. I was responsible for grading operations
in the field; reading grading plans and providing at grade elevations. Also, I worked
together with different Geotechnical Engineering representatives to achieve desired
soil compaction.
2007-2010 Estimator for Wreck Age Demolition Inc. As an Estimator, I was responsible for
attending job walks, calculating quantities using estimating software like Vu360 and
Bid -view. Also, I was responsible for coordinating projects, preparing project schedules,
submittals, and preparing proposals for both private and public Clients.
other Qualifications:
I am a licensed contractor.
1 currently hold the following Licenses:
A General Engineering License.
Asbestos Abatement Certification.
Hazardous Materials Certification.
I am Bilingual, fluent in both English and Spanish.
I am proficient in Word, Excel, Microsoft Project, AutoCAD, Slide 5.0.
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
FORMER BALBOA MARKET DEMOLITION AND REMOVAL
CONTRACT NO. 4584
NON - COLLUSION AFFIDAVIT
State of California
n ) ss.
County ofL6S l�Srrt1 a}�
beijp g first duly s orn, deposes and says Vt he or she is
e of 11 Ke c K �w ( iAt &E[ party making the
foregoin id; that the bid is not made in the interest of, or on be alf of, any undisclosed person, partnership,
company, association, organization, or corporation, that the bid is genuine and not collusive or sham; that
party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed
person, partnership, company, association, organization, or corporation; that the bid is genuine and not
collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a
false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder
or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any
manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid
price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that
of any other bidder, or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all statements contained in the bid are true; and, further, that the
bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents
thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent thereof to
effectuate a collusive or sham bid.
` I declare under penalty of perjuryi of the laws of the State of �fornia t t the oregoing is true and correct.
W('@C. �(- Enk . �}�,rvw'i`f1D+� �tnC. �i S✓rwaSl �< -c)d' /i C:r. `J
Bidder thonzed Signature/Tdle O
Subscribed and sworn to (or affirmed) before me on this day of 2010
by , personally known to me or proved to me on
the basis of satisfactory evidence to be the person(s) who appeared before me.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
[SEAL]
r
13
Notary Public
My Commission Expires:
CALIFORNIA
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�9 See Attached Document (Notary to cross out lines 1 -6 below)
❑ See Statement Below (Lines 1 -5 to be completed only by document signer(s], nor (Votary)
Signature of Document Signer No, 1 Signature of Document Signer 'to. 2 (if any)
State of California
County of 0_51 N(,ECgS
Subscribed and sworn to (or affirmed) before me on this
164— day of /1 KUTr _ , 20 /0 by
Date Month Year
(1) IsMAEL E RoD2 /60il
Name of Signer
proved to me on the basis of f atisfactory evidence
BRUCE A. MARTINEAU be the person who appeared bef:>re me
Comission # 1816062
= Notamry Public - California z
Z •�i,Vn
`mow. Los Angeles County
My Comm. Expires Oct 5, 2012 J ,
Name I er
proved to n the basis o or evidence
b person who appeared be ore me.)
Signature �•�
Signature of N Aary Public
Place Notary Seal Above
OPTIONAL
Though the information below is not required by law, it may prove
valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document. Top of thumb here Top of thumb here
Further Description of Any Attached Document '\ �{ I,
Title or Type of Document: x ° aN -C 0tWJ-1t/PAC 1D4 y I /
Document Date: O ho Number of Pages: _[
Signers) Other Than Named Above: _. _..
02007 National Notary Automaton- 9350 be Soto Ave., PO. Box 2402•Chatevorm, CA 913132402- ..NaticnalNotary.org Item #5910 R- :order. Call Toll -Free 1.800u8)6.682]
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
FORMER BALBOA MARKET DEMOLITION AND REMOVAL
CONTRACT NO. 4584
DESIGNATION OF SURETIES
Bidders name ►N(fiC 14,o p. I )n rvw h
Provide the names, addresses, and phone numbers for all brokers and sureties from
w/h�om Bidder intends to procure insurance and bonds (list by insurance /bond type):
p �Yha,✓l ce _ v n _
ti
14
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
FORMER BALBOA MARKET DEMOLITION AND REMOVAL
CONTRACT NO. 4584
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidders Name Wfe, (G
Record Last Five (5) Full Years
Current Year of Record
i he miormation requirea for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102.
15
Current
Record
Record
Record
Record
Record
Yearof
for
for
for
for
for
Record
1 2009
2008
2007
2006
2005
Total
2010
No. of contracts
Total dollar
Amount of
Contracts (in
��
1�i��
�t050oo0.
gSdjDDU,
Thousands of $
No. of fatalities
/
No. of lost
Workday Cases
No. of lost
workday cases
involving
permanent
transfer to
anotherjob or
termination of
employment
i he miormation requirea 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`/eCK
Business Address: �yCOa-,SP4 V,cbyL t Ck4y1D ,CA
Business Tel. No.:
State Contractor's License No. and
Classification: ° 089f� a i A66 Ha Z
Title �jfmy6+a -1Y
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 rernrds
Signature of
bidder
Date
Title cdC'Ar YV
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 ATTACHEDI
16
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of CJ
On �,a xk I 2oLo before me, j3nr L �0 1 No-}tr " ,
Uate Here Insert am antl Ttle of the Ricer
personally appeared N eAA (( C) li-g,
Na l e(s) of Signers)
o BRIAN BRIERLY
b-' COMM. #1740480 03
mNOTARY PUBLIC CALIFORNIA -
ORANGE COUNTY p
My Comm Expires Apri120, 2011
who proved to me on the basis of satisfactory
evidence to be the persons) whose name(b) is /ale
subscribed to the within instrument and acknowledged
to me that he/she /they executed the same in
his /her /their authorized capacity('res), and that by
14is /her /their signatures) on the instrument the
person(, or the entity upon behalf of which the
person(4 acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
Place Notary Seal antl/Or Stamp Above
SignataVaf Notary Public
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Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document t(� _
Title or Type of Document: �� i n EIrS a-n�� tk( SuIPGik-j aeCor�
Document Date: A- s(— �% �,o t a Number of Pages: 2 on
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corp rate Officer — Title(s):
❑ Individua
❑ Partner —❑ Limite -d QGeneral 7Top of thumb rare
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporatg Officer— Title(s):
❑ Individual
❑ Partner — O Llhq,,ted ❑ General top of thumb Hera
L1 Attorney in Fact
❑ Trustee N
❑ Guardian or Conservator
Cl Other:
Signer Is Representing:
aazuun National Notary ASSOCI110d- 9350 oe Soto Ave., P.O. Box 2402• Chatsworth, CA 91313- 2402•w NationalNotary.org Item #5907 Reorder: Call Toll -Free 1- 800 -876 -6827
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who proved to me on the basis of satisfactory
evidence to be the persons) whose name(b) is /ale
subscribed to the within instrument and acknowledged
to me that he/she /they executed the same in
his /her /their authorized capacity('res), and that by
14is /her /their signatures) on the instrument the
person(, or the entity upon behalf of which the
person(4 acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
Place Notary Seal antl/Or Stamp Above
SignataVaf Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document t(� _
Title or Type of Document: �� i n EIrS a-n�� tk( SuIPGik-j aeCor�
Document Date: A- s(— �% �,o t a Number of Pages: 2 on
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corp rate Officer — Title(s):
❑ Individua
❑ Partner —❑ Limite -d QGeneral 7Top of thumb rare
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporatg Officer— Title(s):
❑ Individual
❑ Partner — O Llhq,,ted ❑ General top of thumb Hera
L1 Attorney in Fact
❑ Trustee N
❑ Guardian or Conservator
Cl Other:
Signer Is Representing:
aazuun National Notary ASSOCI110d- 9350 oe Soto Ave., P.O. Box 2402• Chatsworth, CA 91313- 2402•w NationalNotary.org Item #5907 Reorder: Call Toll -Free 1- 800 -876 -6827
Legal Business Name of Bidder WyecK Abe. be vHpf t -iObt E Tote
Business Address: �}bj Gocty4 f.1TKGiycUab;114LA�11 }D9
Business Tel. No.: 51 0°N 313 - 16413 1-
State Contractor's License No. and �
Classification: C1:1, %a1 P,. �
I - 5(o)
Title
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. Z
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
If bidder is an individual, name and signature of individual must be provided, and, if he
is doing business under a fictitious name, the fictitious name must be set forth. If
bidder is a partnership or joint venture, legal name of partnership /joint venture must be
provided, followed by signatures of all of the partners /joint ventures or of fewer than all
of the partners /joint ventures if submitted with evidence of authority to act on behalf of
the partnership /joint venture. If bidder is a corporation, legal name of corporation must
be provided, followed by notarized signatures of the corporation President or Vice
President or President and Secretary or Assistant Secretary, and the corporate seal.
Signatures of partners, join venturers, or corporation officers must be acknowledged
before a Notary Public, who must certify that such partners /joint venturers, or officers
are known to him or her to be such, and, in the case of a corporation, that such
corporation executed the instrument pursuant to its bylaws or a resolution of its Board
of Directors.
16
CALIFORNIA ALL - PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of
SAN BERNARDINO
On S44 ZCkZ(, %o before me, DELLA J. SMITH NOTARY PUBLIC
(Here insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the persor�< whose nam i /are subscribed to
the within instrument and acknowledged to me tha he he /they executed the same ' his er /their authorized
capacit , and that b fii ber /their signatur4 n the instrument the persoAqT or the entity upon behalf of
which the perso"rcted, executed the ins tnneut.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
my hand and official seal. ULLL.A J, SMITH
COMM. #1689853
NOTARY PUBLIC - CALIFORNIA
SAN BERNARDINO COUNTY
�t My Comm. Explras Sep.
ary Public 23,201(
_.
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ - Corporate Officer
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
zuua Version UAPAv12.10.V /gVU- g /3 -YS6o www.NotaryClassos.com
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage comedy as
appears above in the notary section or a separate acknowledgment farm must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authorized capacity of the signer). Please check the
document carefully for proper notarial wording and attach the form ifrequired.
• State and County information most be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization most be the date that the signer(s) personally appeared which
most also be the same date the acknowledgment is completed.
• The notary public must print his or her time as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the names) of document signers) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
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Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on rile with the office of
the county clerk.
+ Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
4 Indicate title or type of attached document, number of pages and date.
o• Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
I
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
FORMER BALBOA MARKET DEMOLITION AND REMOVAL
CONTRACT NO. 4584
ACKNOWLEDGEMENT OF ADDENDA
Bidders name wfC ct
The bidder shall signify receipt of all Addenda here, if any, and attach executed
copy of addenda to bid documents:
Addendum No. Date Received I Sianature
17
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
FORMER BALBOA MARKET DEMOLITION AND REMOVAL
CONTRACT NO. 4584
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: W fee.
Business Address: IW& aV 0&(C C�
C FCG . r1A w - 1t. I
Telephone and Fax Numb
— 69 3q
California State Contractor's License No. and Class: 1�qb0 14 �� —2i --12,J056 AMR
(REQUIRED AT TIME OF AWARD)
Original Date Issued: Expiration Date: O/ /2 0 + )
List the name and title /position of the person(s) who inspected for your firm the site of
the woc 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
J,;rW&J b- x Iry
_p.,
Address
' (-k-: Kw +(i J(3 i e)4 % ta s 9
Telephone
`(61) 393 -693?
✓ ✓ ✓✓ d �� �a9 393 4933
�lJb(rno. �SSt�k �odri �i(er � tln °fog�3.43 -693
Corporation organized under the laws of the State of
HEV
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal are as follows:
4-1lw-
All company, corporate, or fictitious business names used by any principal having
interest in this proposal are as follows:
Al
For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been
involved in with public agencies in the past five years (Attach additional Sheets if
necessary) provide:
Provide the names, addresses and telephone numbers of the parties;
Briefly summarize the parties' claims and defenses;
Have you ever had a contract terminated by the owner /agency? If so, explain.
P14
Have you ever failed to complete a project? If so, explain.
N 1/1 )Au
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 labo compliance (i.e. failure to
pay prevailing wage, falsifying certified payrolls, etc.)? Yes
Are any claims or actions unresolved or outstanding? Yes / JPo
19
If yes to any of the above, explain. (Attach additional sheets, if necessary)
Failure of the bidder to provide ALL requested information in a complete and accurate
manner may be considered non - responsive.
.._.
)
: RM M
(Print name of Owner or Pres dent
of Cor oration /Co pany)
Title
w-�M � Po) bi n
Date
On 4GO 43�- Z,0 vZbUD before me, �-Q \AA -75 \ Notary Public,
personally appeared LSD"w n --who proved to me on the basis of satisfactory evidence to be the person(` whose lv
nam,* /are subscribed to the within instrument and acknowledged to me that
'she /they executed the same in his/ er /their authorized capacity(, and that by
1her /their signaturelf n the instrument the person or the entity upon behalf of
which the person acted, executed the instrument.
7
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. pELLAJ. SMITH
COMM. #1689853
O/1 Jm'_'�SEAU) n, NOTARYPUBLIC CALIFORNIA
AAa SAN BERNARDINO COUNTY
t/' My Comm. Expires Sep.23, 2010
Notary Public in �n for s,4 State
My Commission Expires.. �01 23 iZJ i
O
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
FORMER BALBOA MARKET DEMOLITION AND REMOVAL
Contract No. 4584
NOTICE TO SUCCESSFUL BIDDER
The following Contract Documents shall be executed and delivered to the Engineer within
ten (10) days (not including Saturday, Sunday and Federal holidays) after the date shown on the
"Notification of Award" to the successful bidder:
CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS
LABOR AND MATERIALS PAYMENT BOND
• FAITHFUL PERFORMANCE BOND
The City of Newport Beach will not permit a substitute format for these Contract
Documents. Bidders are advised to review their content with bonding, insuring and legal agents
prior to submission of bid. Original Certificate(s) of Insurance, General Liability Insurance
Endorsement, and Automobile Liability Insurance Endorsement shall be provided as
required by the Contract documents and delivered to the Public Works Department within
ten (10) working days after the date shown on the Notification of Award to the successful
bidder.
The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by
an insurance organization or surety (1) currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, and (2) listed as an acceptable surety in
the latest revision of the Federal Register Circular 570.
Pursuant to Public Contract Code Section 22300, appropriate securities may be
substituted for any monies to be withheld to ensure performance under the Contract.
Insurance companies affording coverage shall be (1) currently authorized by the Insurance
Commissioner to transact business of insurance in the State of California, and (2) assigned
Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance
with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be
provided as specified in the Standard Specifications for Public Works Construction, except as
modified by the Special Provisions. Certificates of Insurance and additional insured
endorsements shall be on the insurance company's forms, fully executed and delivered with the
Contract. The Notice to Proceed will not be issued until all contract documents have been
received and approved by the City.
21
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
FORMER BALBOA MARKET DEMOLITION AND REMOVAL
Contract No. 4584
CONTRACT �g�
THIS AGREEMENT, entered into this ��day of'cX ,, 2010, by and between the CITY OF
NEWPORT BEACH, hereinafter "City," and Wreck Age Demolition, Inc., a California
corporation, hereinafter "Contractor," is made with reference to the following facts:
WHEREAS, City has advertised for bids for the following described public work:
FORMER BALBOA MARKET DEMOLITION AND REMOVAL
The majority of the work necessary for the completion of this contract consists of
demolishing and removing the former Balboa Market at 608 E. Balboa Boulevard,
including all footings and above -grade improvements and attachments, terminate
and cap all utilities at the property line, level the exposed subgrade, and other
incidental items of work.
WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and
Contractors 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, General Conditions, Standard Special
Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4584,
Standard Specifications for Public Works Construction (current adopted edition and all
supplements) and this Agreement, and all modifications and amendments thereto
(collectively the "Contract Documents "). The Contract Documents comprise the sole
agreement between the parties as to the subject matter therein. Any representations or
agreements not specifically contained in the Contract Documents are null and void. Any
amendments must be made in writing, and signed by both parties in the manner specified
in the Contract Documents.
B. SCOPE OF WORK Contractor shall perform everything required to be performed, and
shall provide and furnish all the labor, materials, necessary tools, expendable equipment
and all utility and transportation services required for the Project:
All of the work to be performed and materials to be furnished shall be in strict accordance
with the provisions of the Contract Documents. Contractor is required to perform all
activities, at no extra cost to City, which are reasonably inferable from the Contract
Documents as being necessary to produce the intended results.
II.
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 Twenty -Three Thousand, Ninety and 001100 Dollars ($23,090.00).
This compensation includes:
(1) Any loss or damage arising from the nature of the work,
(2) Any loss or damage arising from any unforeseen difficulties or obstructions in the
performance of the work,
(3) Any expense incurred as a result of any suspension or discontinuance of the work, but
excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the
Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance
of the work by City.
D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before
making its final request for payment under the Contract Documents, Contractor shall
submit to City, in writing, all claims for compensation under or arising out of this Contract.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Contract except those previously made in writing
and identified by Contractor in writing as unsettled at the time of its final request for
payment. The Contractor and the City expressly agree that in addition to all claims filing
requirements set forth in the Contract and Contract Documents, the Contractor shall be
required to file any claim the Contractor may have against the City in strict conformance
with the Tort Claims Act (Government Code 900 et seq.).
E. WRITTEN NOTICE Any written notice required to be given under the Contract
Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid,
directed to the address of Contractor and to City, addressed as follows:
CITY CONTRACTOR
City of Newport Beach
Public Works Department
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: Fong Tse, P.E.
(949) 644 -3321
Wreck Age Demolition, Inc.
3965 Coast Oak Circle
Chino Hills, CA 91709
909- 393 -6937
909 - 393 -6045 Fax
F. INSURANCE Without limiting Contractor's indemnification of City, and rip or to
commencement of work, Contractor shall obtain, provide and maintain at its own
expense during the term of this Agreement, a policy or policies of liability insurance of
the type and amounts described below and in a form satisfactory to City.
1. Certificates of Insurance. Contractor shall provide original certificates of insurance
with original endorsements to City as evidence of the insurance coverage required
herein. Insurance certificates must be approved by City's Risk Manager prior to
commencement of performance or issuance of any permit. Current certification of
insurance shall be kept on file with City at all times during the term of this contract.
23
City reserves the right to require complete, certified copies of all required insurance
policies, at any time.
Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damages to property, which may arise from
or in connection with the performance of the work hereunder by Contractor, his
agents, representatives, employees or subcontractors. The cost of such insurance
shall be included in Contractor's bid.
2. Signature. A person authorized by the insurer to bind coverage on its behalf shall
sign certification of all required policies.
Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business
of insurance in the State of California, with an assigned policyholders' Rating of A (or
higher) and Financial Size Category Class VII (or larger) in accordance with the
latest edition of Best's Key Rating Guide, unless otherwise approved by the City's
Risk Manager.
4. Coverage Requirements.
a. Workers' Compensation Coverage. Contractor shall maintain Workers'
Compensation Insurance and Employer's Liability Insurance for his or her
employees in accordance with the laws of the State of California, Section 3700 of
the Labor Code. In addition, Contractor shall require each subcontractor to similarly
maintain Workers' Compensation Insurance and Employer's Liability Insurance in
accordance with the laws of the State of California, Section 3700 for all of the
subcontractor's employees.
Any notice of cancellation or non - renewal of all Workers' Compensation policies
must be received by City at least thirty (30) calendar days (10 calendar days written
notice of non - payment of premium) prior to such change. The insurer shall agree to
waive all rights of subrogation against City, its officers, agents, employees and
volunteers for losses arising from work performed by Contractor for City.
b. General Liability Coverage. Contractor shall maintain commercial general liability
insurance in an amount not less than one million dollars ($1,006,000) per
occurrence for bodily injury, personal injury, and property damage, including without
limitation, contractual liability. If commercial general liability insurance or other form
with a general aggregate limit is used, either the general aggregate limit shall apply
separately to the work to be performed under this Agreement, or the general
aggregate limit shall be at least twice the required occurrence limit.
c. Automobile Liability Coverage. Contractor shall maintain automobile insurance
covering bodily injury and property damage for all activities of the Contractor arising
out of or in connection with work to be performed under this Agreement, including
coverage for any owned, hired, non -owned or rented vehicles, in an amount not less
than one million dollars ($1,000,000) combined single limit for each occurrence.
5. Deductibles and Self- Insured Retentions
Any deductibles or self- insured retentions must be declared to and approved by City.
At the option of City, either: the insurer shall reduce or eliminate such deductibles or
self- insured retentions as respects City, its officers, officials, employees and
24
i
volunteers; or Contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
6. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
a) General Liability and Automobile Liability Coverages
City, its elected or appointed officers, agents, officials, employees, and
volunteers are to be covered as additional insureds as respects: liability
arising out of activities performed by or on behalf of Contractor, including the
insured's general supervision of Contractor; products and completed
operations of Contractor; premises owned, occupied or used by Contractor;
or automobiles owned, leased, hired or borrowed by Contractor. The
coverage shall contain no special limitations on the scope of protection
afforded to City, its elected or appointed officers, officials, employees, agents
or volunteers.
ii. Contractor's insurance coverage shall be primary insurance and /or primary
source of recovery as respects City, its elected or appointed officers, agents,
officials, employees and volunteers as respects to all claims, losses, or
liability arising directly or indirectly from the Contractor's operations or
services provided to the City. Any insurance or self- insurance maintained by
City, its officers, officials, employees and volunteers shall be excess of the
Contractor's insurance and shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to City, its officers, agents, officials, employees and
volunteers.
iv. Contractor's insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
v. The insurance afforded by the policy for contractual liability shall include
liability assumed by contractor under the indemnification /hold harmless
provision contained in this Contract.
vi. The insurer shall agree to waive all rights of subrogation against City, its
elected or appointed officers, agents, officials, employees and volunteers for
losses arising from work performed by Contractor for City.
b) All Coverages
Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled, rescinded by either party,
reduced in coverage or in limits except after thirty (30) days' prior written notice
by certified mail, return receipt requested, has been given to City.
Timely Notice of Claims — Contractor shall give City prompt and timely notice of
any claim made or suit instituted arising out of or resulting from Contractor's
performance under this agreement.
25
All of the executed documents referenced in this contract must be returned
within ten (10) working days after the date on the "Notification of Award," so that
the City may review and approve all insurance and bonds documentation.
7. Acts of God
Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for
the repairing and restoring damage to Work, when damage is determined to have
been proximately caused by an Act of God, in excess of 5 percent of the Contract
amount provided that the Work damaged is built in accordance with the plans and
specifications.
8. Right to Stop Work for Non - Compliance
City shall have the right to direct the Contractor to stop work under this Agreement
and /or withhold any payment(s), which become due to Contractor hereunder until
Contractor demonstrates compliance with the requirements of this article.
G. RESPONSIBILITY FOR DAMAGES OR INJURY
City and all officers, employees and representatives thereof shall not be responsible in
any manner: for any loss or damages that may happen to the Work or any part
thereof; for any loss or damage to any of the materials or other things used or
employed in performing the Work, for injury to or death of any person either workers or
the public; or for damage to property from any cause arising from the construction of
the work by Contractor, or its subcontractors, or its workers, or anyone employed by it.
2. Contractor shall be responsible for any liability imposed by law and for injuries to or
death of any person or damage to property resulting from defects, obstructions or from
any cause arising from Contractor's work on the Project, or the work of any
subcontractor or supplier selected by the Contractor.
3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees
from and against (1) any and all loss, damages, liability, claims, allegations of liability,
suits, costs and expenses for damages of any nature whatsoever, including, but not
limited to, bodily injury, death, personal injury, property damages, or any other claims
arising from any and all acts or omissions of Contractor, its employees, agents or
subcontractors in the performance of services or work conducted or performed
pursuant to this Contract; (2) use of improper materials in construction of the Work; or,
(3) any and all claims asserted by Contractor's subcontractors or suppliers on the
project, and shall include reasonable attorneys' fees and all other costs incurred in
defending any such claim. Contractor shall not be required to indemnify City from the
active negligence or willful misconduct of City, its officers or employees.
4. To the extent authorized by law, as much of the money due Contractor under and by
virtue of the Contract as shall be considered necessary by City may be retained by it
until disposition has been made of such suits or claims for damages as aforesaid.
5. Nothing in this article, nor any other portion of the Contract Documents shall be
construed as authorizing any award of attorneys' fees in any action to enforce the
terms of this Contract, except to the extent provided for in H.3, above.
6. The rights and obligations set forth in this Article shall survive the termination of this
Contract.
O
H. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other
Contract Documents by Contractor is a representation that Contractor has visited the
Project Site, has become familiar with the local conditions under which the work is to be
performed, and has correlated all relevant observations with the requirements of the
Contract Documents.
I. CONFLICT If there is a conflict between provisions of this Contract and any other
Contract Document, the provisions of this Contract shall prevail.
J. WAIVER A waiver by City or any term, covenant, or condition in the Contract
Documents shall not be deemed to be a waiver of any subsequent breach of the same or
any other term, covenant or condition.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day
and year first written above.
ATTEST:
CITY C ERK
APPROVED AS TO FORM: 0RN►A
am,.11'
Leonie Mulvihill
Assistant City Attorney
CITY OF NEWPORT BEACH
A Municipal Corporatj�
tstep r� tsaaum
Dir to f Public Works
WRECK AGE DEMOLITION, INC.
(Corporate Officer
Title: 5�,C�V�,�c� y
Print Name:
�(Finbn,661 Officer)
Title: Pye �jl C�i1/l
M
Print Name: 53& -ad (:6a0 z I-�eY�ta�dcz
Please note: Corporations must complete and sign both places above
even if each office is held by the same individual
27
CALIFORNIA ALL - PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of
SAN BERNARDINO
Ong P�2k Z,UC) beforeme, DELLA J. SMITH NOTARY PUBLIC
;� (Here insert name and title of the officer) f �" '
personally appeared M)q -ln' k c-1 ' l �1At�Z Gw1 c h � � 1 SL"`- �yl_.Z Lam-+' nom
who proved to me on the basis of satisfactory evidence to be the persolhose na s t ubscribed to
the within instrument and acknowledged to me that he /she/ ey xecuted the same in his/h authorized
capaci (ie 0, and that by his/her eir sign e s n the instrument the perso (s) or the entity upon behalf of
which the pers (s) 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.
DELLA J. SMITH
b7 :'" COMM. #1689853 a'
my hand and off kill Seal. W.... < . NOTARY PUBLIC -CALIFORNIA
e" SAN BERNARDINO COUNTY m
My Comm. Expires Sep. 23, 201 D
C40
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
C.a nA- 4 d- C- ILI5,:W-/
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional infernoation)
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑ Attomey -in -Fact
❑ Trustee(s)
❑ Other
Iwo vvv� via.iv.v i ovv- oro -7000 www.rvowryul sses.com
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only erception is if a
document is to be recorded outside of California. In such instances, any alternative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal far a notary in
California (i.e. certifying the authorized capacity of the signer). Please check the
document carefullyforproper notarial warding and attach this farm ifrequired.
• State and County information most be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment,
• Date of notarization most be the date that the signer(s) personally appeared which
most also be the same date the acknowledgment is completed.
• The notary public must print his or her time as it appears within his or her
commission followed by a comma and than your title (notary public).
• Print the names) of document signers) who personally appear at the time of
notarization.
• Indicate the correct singular or plural foam by crossing off incorrect forms (Le.
he /she /the} is /are ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression most be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges, re-seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document, number of pages and date.
od Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
FORMER BALBOA MARKET DEMOLITION AND REMOVAL
CONTRACT NO. 4584
BOND NO. 70983903
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, has awarded to Wreck Age Demolition, Inc., hereinafter designated as the "Principal,"
a contract for demolition of the former Balboa Market, Contract No. 4584 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. 4584 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 anv work or labor done
thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, We the undersigned Principal, and,
WESTERN SURETY COMPANY duly authorized to transact
business under the laws of the State of California, as Surety, (referred to herein as "Surety') are
held firmly bound unto the City of Twenty -Three Thousand, Ninety and 001100 Dollars ($23,
090.00) 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 Unempioyment
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.
28
The Bond shall inure to the benefit of any and all persons, companies, and corporations
entitled to file claims under Section 3181 of the California Civil Code so as to give aright 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 25TH day of AUGUST , 2010.
Wreck Age Demolition, Inc. ut4id ig ature/Title
(Principal)
WESTERN SURETY COMPANY
Name of Surety
101 SOUTH PHILLIPS AVE, SIOUX FALLS, SD 57117
Address of Surety
800 - 331 -6053
Telephone
-; c
Authorized Agent Signature
RONALD BAKER ATTORNEY -IN -FACT
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND.SURETY MUST BE
ATTACHED
P401
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California /
County of (����� /fe
On
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to
the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized
capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
CIAVID MICHAEL SHIFA
COMM #1720699 m
Notary Public- Calliomia N
SACRAMENTO COUNTY
q7 My Comm. Exp. Jan 26.2011
(Notary'aSY~ffip
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document: Date
(Additional inforztion)
CAPACITY CLAIMED BY THE SIGNER
•
Individual (s)
•
Corporate Officer
(Title)
❑
Partner(s)
❑
Attorney -in -Fact
❑
Trustee(s)
❑
Other
2008 Version CAPAv12.10.07800 -87] -9865 wMw.NotaryClasses.cona
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that docanent. The only exception is if a
document is to be recorded outside of California. In such instances, any alter 'notice
acCmowledginont verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notay in
California k.e. certifying the authorized capacity of the signer). Please check the
document carefally for proper notarial wording and attach this,form ?freguired.
• State and County information must be the State and County where the document
signers) personally appeared before the notary public for acknowledgme m
• Date of notarization: most be the date that the signer(s) personally appeared which
most also be the same date the acknowledgment is completed.
• The notary public must prim his or her name as it appears within his or her
commission fgllow'ed by a comma andthen your title (notary public).
• Print the names) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural fors by crossing off incorrect furs (i.e.
he{sheAkey r is !era) or circling the eorsect forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover test or lines. If seal impression smudges, re-seal . if a
sufficient area permits, otherwise complete a different acknowledgment form
• Signature of the notary public must match the signature oa file with the office of
the county clerk.
0- Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
4- Indicate title or type of attached document, number of pages and date.
w Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
• Securely atach this documeritto the signed document
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Fa,S l4liti
On 1217110 before me, 2RWE 4 ROt2VWEA'(, !01-4,2 PBLiC
Dare Here Insert Name and Title of the Officer
personally appeared
BRUCE A. MARTINEAU
• •� Commission # 1816062
z ; _i - Notary Public - California z
z •"' Los Angeles County n
My Comm. Expires Oct 5, 2012
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(S) is /me subscribed to the
within instrument and acknowledged to me that
he/ executed the same in his /Yic authorized
capacity(ig), and that by his/lilanWiiiiiii signature(e) on the
instrument the person(4p), 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. p1
Place Notary Seal Above Signature / .xe / '1 • y r ���'t�
Y Signature r Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document t
Title or Type of Document: .1/ViZ�Itaii($ ��Y� i � I/J'
Document Date: 8-2s-10 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: /.)/71tt CUJlC /( Urc /tc e;VNrvyec.
❑ Individual
M Corporate Officer — Title(s): r- A) i
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
1atft_LIX, 6(r ac/- lnrAi,!�c-
❑ lbdiyidual
❑ Corporate Officer — Title(s):
❑ Partner — C L mited ❑ Ger
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Co ervator
❑ Other:
Signer
®2007 National Notary Association, 9350 De Soto Ave., For Box 2402- Chatsworth, CA 913132402• v Nationalrlotary.org Item #5907 Reorder Call Toll -Free 1-800 -876 -6827
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
FORMER BALBOA MARKET DEMOLITION AND REMOVAL
CONTRACT NO. 4584
BOND NO. 70983903
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 693.00 ,
being at the rate of $ 30.00 PER thousand of the Contract price.
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, awarded to Wreck Age Demolition, Inc., hereinafter designated as the "Principal ", a
contract for the demolition of the former Balboa Market, Contract No. 4584 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. 4584 and the
terms thereof require the furnishing of a Bond for the faithful performance of the Contract;
NOW, THEREFORE, we, the Principal, and WESTERN SURETY COMPANY
, duly authorized to transact business under the laws of the State of
California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport
Beach, in the sum of Twenty -Three Thousand, Ninety and 00/100 Dollars ($23,090.00), lawful
money of the United States of America, said sum being equal to 100% of the estimated amount of
the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which
payment well and truly to be made, we bind ourselves, our heirs, executors and administrators,
successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's
heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep
and perform any or all the work, covenants, conditions, and agreements in the Contract
Documents and any alteration thereof made as therein provided on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to its true
intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach,
its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the
same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall
become null and void.
32
As a part of the obligation secured hereby, and in addition to the face amount specified in
this Performance Bond, there shall be included costs and reasonable expenses and fees,
including reasonable attorneys fees, incurred by the City, only in the event the City is required to
bring an action in law or equity against Surety to enforce the obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the work to be performed thereunder or
to the specifications accompanying the same shall in any way affect its obligations on this Bond,
and it does hereby waive notice of any such change, extension of time, alterations or additions of
the Contract or to the work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal in full
force and effect for one (1) year following the date of formal acceptance of the Project by the City.
In the event that the Principal executed this bond as an individual, it is agreed that the
death of any such Principal shall not exonerate the Surety from its obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named, on the 25TH day of AUGUST 2010.
r
SyWaej RoIIYia N .vnolKdez
Wreck Age Demoll ion, Inc. ize Signature/Title
(Principal)
WESTERN SURETY COMPANY
Name of Surety A orized Agent Signature
101 SOUTH PHILLIPS AVE, SIOUX FALLS, SO 57117 RONALD BAKER ATTORNEY -IN -FACT
Address of Surety
800 - 331 -6053
Telephone
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
33
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California 1
County of 2G5Am I—C46S Jy
On -Z) before me, 32.UC 11 • %U�(�127inJgA�',NOjA/2 y POPLIL'
Date Here Insert Neon tl Title of the Officer
personally appeared
BRUCE A. MARTINEAU
Commission # 18t8"2
Notary Public - California z
Las Angeles County
My
Comm Expires Oct 5, 2012
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) isAme subscribed to the
within instrument and acknowledged to me that
he/sWOMw executed the same in his/hoOft& authorized
capacity(res), and that by his/ signature(a) on the
instrument the person(&), or the entity upon behalf of
which the person(®) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature�L� //c d fUlivTw u� G(J
ignaane of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: iAIArUiL
Document Date: Z 'L -�. -
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: / SJLfNL - -( X0D21GU)<C fY�2 ✓fU�r
0104 Individual
'CorporateOfficer— Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
A) K �%iE DEM- jt(T70AI 1NC
Number of Pages:
Name:
❑ Individual
❑ Corporate•Officf
❑ Partner — 31-ir
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Cot
❑ Other:
Signer
— Title(s):
!ed ❑ General
02007 National Notary Association •9350 De Soto AVe.,PO.Box 2402•Chat sworth,CA 913134402•www.NationalNOYary.org Item N5907 Reorder Cat] Toll -Free 1- 800- e76 6827
CNA 8/20/2010 1:06:18 PM PAGE 3/004 Fax Server
Western Surety Company
POWER OF ATTORNEY- CERTIFIED COPY
Bond No. 70983903
Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation drily organized and existing under the law=
of the State of Sauth Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company), does by these presents matte,
constitute and appoint Roneld Lee Baker
its true and lawful attomey(s) -in -fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its
behalf as Surety, bonds for:
Principal: 1Vreck Age Demolition[ Inc.
Obligee: Citv of Newport Head
Amoturt. $5001000.00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with
the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s) -in -fact
may do within the above stated limitations. Said appointment ice made trader and by authority tithe following bylaw of Western Surety
Company wnichremMns infua force and e@'ect.
"Section 7. All bonds, policies, undertakings, Powers of Attorney or athcr obligations of the corporation shall be executed in tho
corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other
affie=.— es +ho Rosa of Direntnrc may a„th -- The is —ide„r e„y V.— President, Secretary, .,y Aeeietent 9an.ete.y.... the T.a.e <n.o.
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The wrporate seal is net nec=- -scary, for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the mrporata Baal may he printed by facsimile."
All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of December 26
01 0 but until such time shall be irrevocable and in full force and effect.
In Witesss Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Brutlat,
and its corPpka &t* to be affixed this 20tli day of luuusC <010
WEST R// SSU^RE COMPANY
Paul T. Bruflat^enior Vice President
:x
COiTN'T41 `tfL4
On this 20th day of Atiaust in the year 2010 ,before me, a notary pubhq peramtally appeared
Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of attorney as the aforesaid officer of
WESTERN SURETY COMPANY and aclmowledg =_d said instrument to be the voluntary act and deed of said corporation.
D.
ir�4rrrr R Krrwwrrrw• .r
D. ELL
NCfArry wiwLlC Votary Fublic - Suth o Dakota
e�7!y"c/SOUTH DAKlfiA�i
hwrwrrrrrrwwrwrrrw i
My Commission Expires November 30, 2012
I t6" _a, :zignod officer a Western g_oty r= amP�Y, -� -tock eorp —otim of the State of Saath Llakata, da hceoby —tify that tho
attached Power of Att.sy is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company as
set forth in the Power of Attorney is now in force.
In testim ss, whereof, I have hereunto set my hand and seal of Western Surety Company this 20th day of
August 2010
WEST R SURE' COMPANY
Paul T. Brufla enior Vice President
Farm F5306 -92006
CNA
8/20/2010 1:06:18 PM PAGE 2/004 Fax Server
❑ Acknowledgment of Principal
Acknowledgment of Surety (Attorney4n -Fact)
STATE OF CALIFORNIA
COUN -Y OR Srarnmantn I S9 ff � n (
On _ -411 7! '� /C) before me. VaU I 0 1"�ICNa�� c��ti rim Ypp.�.(f9�C�c _�[�%I�G
da e here insert name and title fthe Acer
personally appeared Ronald Lee Baker
name( =) of signer(.$)
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 io me that he /she /they executed the same in his/her /thew
authorized capocitv(ies), and that by his /her /their signatures) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAS.TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my han4 and official
Sigria
'� CAVIC MICHAEL SHIRA JR,
N COW # 1766291
NOTARY PUBLIC - CALIFORNIA N
SACRABE470 COUNTY
ti My COMM. Ezra Ept�q, 201^1 L
(The balance of this page is intentionally left blank.)
Western Surety Company Form 19OD- 1.2009
40
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: 09/01/2010
Dept. /Contact Received From: Shauna
Date Completed: 09/01/2010 Sent to: Shauna Oyler By: Michelle Ross
Company /Person required to have certificate: Wreck Age Demolition Inc.
I. GENERAL LIABILITY
A.
INSURANCE COMPANY: Scottsdale Insurance Co.
B.
AM BEST RATING (A-: VII or greater): "A + "(XV)
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
❑ Yes N No
D.
LIMITS (Must be $1 M or greater): What is limit provided?
$2,000,000
E.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers)
N Yes ❑ No
F.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
N 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.
II. AUTOMOBILE LIABILITY
A. INSURANCE COMPANY: Century National Ins, Co.
B. AM BEST RATING (A-: VII or greater) "A - "(IX)
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? N 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? ❑ 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.
A. INSURANCE COMPANY: State Fund Compensation
B. AM BEST RATING (A-: VII or greater): n/a
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) Scottsdale is a non- admitted carrier:
Approved:
Agent of Brown & Brown Date
Broker of record for the City of Newport Beach
® Requires approval /exception /waiver by Risk Management Nle B &B initials
Comments:
Non admitted carrier status
Ap r ved:
D
Ris Management Date
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
FORMER BALBOA MARKET DEMOLITION AND REMOVAL
CONTRACT NO. 4584
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. 4584 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. Lump Sum Mobilizati n
of
@ (fDoO• Dollars
and
O Cents
Per Lump Sum
Ir:
3.
Lump Sum Traffic CvonntrgI ^ �
@ tja6,' ° Dollars
and
v Cents
Per Lump Sum
Lump Sum Demolish and Remove Building
@ yi Lwv d�••� rl " '70ollars
l7 and
Cents
Per Lump Sum
o�
.-:1
$ 5"00,
$ 2115,70.
OJ
TOTAL PRICE IN WRITTEN WORDS
and % Cents
,0% 16�2oI U
Date
C�6q� 3g3— �`c3�- a (?oa) 343 -69�s
Bidder's Telephone and Fax Numbers
$qw, 0� (,a P, C -
aS6.
Bidders —L Einfr � (S)
and Classification(s)
Bidder's email address:
PR2of2
lars
g 23, o R o
Total Price (Figures)
L)-s re Cy Pv% i�2mp 11�tn, T�,, .
Bidder
6 ��
Bidder's Auth nzed Signature and Title
3q 6 5 Coo-S� 00-1� 61rdt
rt�, i-0 A;.\-tS, eta CA 1 -+ G'�
Bidder's Address
1
1
2
2
2
2
2
2
3
P,
3
3
3
3
3
4
4
4
4
4
PUBLIC WORKS DEPARTMENT
INDEX
FOR
SPECIAL PROVISIONS
FORMER BALBOA MARKET DEMOLITION AND REMOVAL
CONTRACT NO. 4584
INTRODUCTION
PART 1 - -- GENERAL PROVISIONS
SECTION 2
SCOPE AND CONTROL OF THE WORK
2 -6
WORK TO BE DONE
SECTION 3
CHANGES IN WORK
3 -3
EXTRA WORK
3 -3.2
Payment
3 -3.2.3
Markup
SECTION 5
UTILITIES
5 -3
REMOVALS
SECTION 6
PROSECUTION, PROGRESS AND ACCEPTANCE
OF THE WORK
6 -1
CONSTRUCTION SCHEDULE AND
COMMENCEMENT OF THE WORK
6 -7
TIME OF COMPLETION
6 -7.1
General
6 -7.2
Working Days
6 -7.4
Working Hours
6 -9
LIQUIDATED DAMAGES
SECTION 7
RESPONSIBILITIES OF THE CONTRACTOR
7 -7
COOPERATION AND COLLATERAL WORK
7 -8
PROJECT SITE MAINTENANCE
7 -8.5
Temporary Light, Power and Water
7 -8.6
Water Pollution Control
1
1
2
2
2
2
2
2
3
P,
3
3
3
3
3
4
4
4
4
4
7 -10
PUBLIC CONVENIENCE AND SAFETY 5
7 -10.1
Traffic and Access 5
7 -10.2
Storage of Equipment and Materials in Public Streets 5
7 -10.3
Street Closures, Detours, Barricades 5
7 -10.4
Public Safety 6
7- 10.4.1
Safety Orders 6
7 -10.5
"No Parking" Signs 6
7 -10.7
Notice to Residents 7
7 -15
CONTRACTOR LICENSES 7
SECTION 9
MEASUREMENT AND PAYMENT 7
9 -3
PAYMENT 7
9 -3.1
General 7
9 -3.2
Partial and Final Payment 8
PART 3 - -- CONSTRUCTION METHODS
SECTION 300
EARTHWORK 8
300 -1
CLEARING AND GRUBBING 8
300 -1.3
Removal and Disposal of Materials 8
300 -1.3.1
General 8
SP 1 OF 8
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
CONTRACT NO. 4584
INTRODUCTION
All work necessary for the completion of this contract shall be done in accordance with
(1) these Special Provisions; (2) the Work Exhibit; (3) the City's Standard Special
Provisions and Standard Drawings for Public Works Construction, (2004 Edition),
including Supplements; (4) Standard Specifications for Public Works Construction
(2003 Edition), including supplements. Copies of the Standard Special Provisions and
Standard Drawings may be purchased at the Public Works Department. Copies of the
Standard Specifications may be purchased from Building News, Inc., 1612 South
Clementine Street, Anaheim, CA 92802, 714 -517 -0970.
The following Special Provisions supplement or modify the Standard
Specifications for Public Works Construction as referenced and stated
hereinafter:
PART 1
GENERAL PROVISIONS
SECTION 2-- -SCOPE AND CONTROL OF THE WORK
2 -6 WORK TO BE DONE Add to this section, "The majority of the work necessary for
the completion of this contract consists of demolishing and removing the former Balboa
Market at 608 E. Balboa Boulevard including all footings and above -grade
improvements and attachments, terminate and cap all utilities at the property line, level
the exposed subgrade, and other incidental items of work.
The ACM identified through an asbestos survey performed on the building has been
abated and removed from the building by others."
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SECTION 3 - -- CHANGES IN WORK
3 -3 EXTRA WORK
3 -3.2 Payment
3 -3.2.3 Markup. Replace this section with,
"(a) Work by Contractor. The following percentages shall be added to the
Contractor's costs and shall constitute the markup for all overhead and profits:
1) Labor ............. ............................... 20
2) Materials ........ ............................... 15
3) Equipment Rental ........................... 15
4) Other Items and Expenditures ........... 15
To the sum of the costs and markups provided for in this subsection, 1 percent shall
be added for compensation for bonding.
(b) Work by Subcontractor. When all or any part of the extra work is
performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied
to the Subcontractor's actual cost of such work. A markup of 10 percent on the first
$5,000 of the subcontracted portion of the extra work and a markup of 5 percent on
work added in excess of $5,000 of the subcontracted portion of the extra work may
be added by the Contractor.
SECTION 5 - -- UTILITIES
5 -3 REMOVAL. Add "It is the City's understanding that the utilities to this building have
been disconnected. However, the Contractor shall verify with the respective utility
companies that said utility services are inactive and provide written declaration of such
verification to the Engineer prior to their removal and capping at the property line."
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 the preconstruction meeting.
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
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additional work until Contractor has exerted extra effort to meet the original
schedule and has demonstrated that the ability to maintain the approved schedule
in the future. Such stoppages of work shall in no way relieve the Contractor from the
overall time of completion requirement, nor shall it be construed as the basis for payment
of extra work because additional personnel and equipment were required on the job."
6 -7 TIME OF COMPLETION
6 -7.1 General. Add to this section: "The Contractor shall complete all work
under the Contract within 10 consecutive working days after the date on the
Notice to Proceed. The City anticipates the work to begin mid - September 2010."
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 41h
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 Mondg 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 a.m. to 4:30 p.m.,
Monday through Friday.
The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work
site, storage sites, staging areas, etc., before or after the normal working hours
prescribed above.
Should the Contractor elect to work outside normal working hours, Contractor must first
obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30
p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working
during any of these hours must be made at least 72 hours in advance of the desired
time period. A separate request must be made for each work shift. The Engineer
reserves the right to deny any or all such requests. Additionally, the Contractor shall
pay for supplemental inspection costs of $123.90 per hour when such time periods are
approved.
6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive
calendar day after the time specified in Section 6 -7 -1 for completion of the work, the
Contractor shall pay to the City or have withheld from moneys due it, the daily sum of
$1,000.00."
Revise paragraph two, sentence one, to read: "Execution of the Contract shall
constitute agreement by the Agency and Contractor that $1,000.00 per day is the
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minimum value of the costs and actual damage caused by the failure of the Contractor
to complete the Work within the allotted time.
The intent of this section is to emphasize to the Contractor the importance of
prosecuting the work in an orderly preplanned continuous sequence so as to minimize
inconvenience to residences, businesses, vehicular and pedestrian traffic, and the
public as a result of construction operations."
SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR
7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "If needed, 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 a.m. to 2:00
p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be
allowed. The Contractor will be responsible for completing all water connections within
the time period allowed. The times and dates of any utility to be shut down must be
coordinated with the City of Newport Beach, Utilities Department. The City must
approve any nighttime work in advance."
7 -8 PROJECT SITE MAINTENANCE
7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor
elects to use City water, he shall arrange for a meter and tender an $813 meter deposit
with the City. Upon return of the meter to the City, the deposit will be returned to the
Contractor, less a quantity charge for water usage and repair charges for damage to the
meter."
Water used during construction shall be paid for by the Contractor."
7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including
all water used during sawcutting operations, containing mud, silt or other deleterious
material due to the construction of this project shall be treated by filtration or retention in
settling basin(s) sufficient to prevent such material from migrating into any catch basin,
Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the
Construction Runoff Guidance Manual which is available for review at the Public Works
Department or can be found on the City's website at http://www.city.newport-
beach. ca. us /pu bworks /links. htm."
7 -8.6.1 Best Management Practices and Monitoring Program. The
Contractor shall submit a Best Management Practice (BMP) plan for containing any
wastewater or storm water runoff from the project site including, but not limited to the
following:
yaw•».,
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
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 the adjacent sidewalks along Balboa Boulevard and Washington
Street shall be maintained to the maximum extent possible. The City will make the
existing adjacent alley and parking lot available to the Contractor on an as- needed
basis.
The Contractor shall cooperate with the Engineer to provide advance notice to any and
all establishments whose access will be impacted by the work. The Contractor shall
furnish and install construction fencing, signage, barricades, delineators, yellow safety
ribbon, and any other measures deemed necessary by the Engineer to safely direct the
public around areas of construction."
7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first
paragraph and add the following: "Construction materials and equipment may be
stored on -site only if approved by the Engineer. No materials nor equipment may be
stored on public streets. It is the Contractor's responsibility to obtain an area for
the storage of equipment and materials. 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-
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construction meeting - a traffic control plan for processing and approval from the City
Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control
plan. Traffic control plans shall be prepared by a licensed Traffic Engineer and conform
to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H),
Latest Edition. Traffic Control Plans shall be signed and sealed by a California licensed
traffic engineer. Traffic control and detour plans shall meet the following requirements:
1. Emergency vehicle access shall be maintained at all times.
2. The locations and wordings of all barricades, signs, delineators, lights, warning
devices, parking restrictions, and any other required details shall ensure that all
pedestrian and vehicular traffic will be handled in a safe manner with a
minimum of inconvenience to the public.
3. All advanced warning sign installations shall be reflectorized and /or lighted.
4. Type II barricades shall be located at the beginning and end of each
individual closed sidewalk area from time of removal until the closure is no
longer needed.
7 -10.4 Safety
7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely
and completely responsible for conditions of the job -site, including safety of all persons
and property during performance of the work, and the Contractor shall fully comply with
all State, Federal and other laws, rules, regulations, and orders relating to the safety of
the public and workers.
The right of the Engineer or the City's Representative to conduct construction review or
observation of the Contractor's performance shall not include review or observation of
the adequacy of the Contractor's safety measures in, on, or near the construction site."
7 -10.5 "No Parking" Signs. The Contractor shall install, and maintain in place
"NO PARKING -TOW AWAY" signs which he shall post at least forty -eight hours in
advance of the need for enforcement. The signs will be provided at no cost to the
Contractor. However, the City reserves the right to charge $1.50 per sign following any
excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the
Contractor's responsibility to notify the City's Police Department at (949) 644 -3717 for
verification of posting at least forty -eight hours in advance of the need for enforcement.
The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12-
inches wide 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.
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7 -10.7 Notices to Residents. The Contractor shall deliver a construction notice
to residents within 500 feet of the project, ten working days prior to starting work,
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 City Notice clearly indicating specific dates in the space
provided on the notice when construction operations will start, what disruptions may
occur, and approximately when construction will be complete. An interruption of work at
any location in excess of 14 calendar days shall require re- notification. The Contractor
shall insert the applicable dates and times at the time the notices are distributed.
The written notices will be prepared and provided by the City, but shall be completed
and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes
or other alterations of the schedule will require Contractor re- notification using an
explanatory letter furnished by the City.
7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of
work, the Contractor shall possess a "C -21" 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.
SECTION 9 - -- MEASUREMENT AND PAYMENT
9 -3 PAYMENT
9 -3.1 General. Revise paragraph two to read: 'The unit and lump sum prices bid
for each item of work shown on the Proposal shall include full compensation for
furnishing the labor, materials, tools, and equipment and doing all the work, including
restoring all existing improvements, to complete the item of work in place and no other
compensation will be allowed thereafter. Payment for incidental items of work not
separately listed shall be included in the prices shown for the other related items of
work. The following items of work pertain to the bid items included within the Proposal:
Item No. 1 Mobilization: Work under this item shall include providing bonds,
insurance and financing, preparing the SWPPP or BMP Plan and construction
schedule, photographing and keeping records of existing conditions prior to starting
work for the Contractor's protection, coordinating with utilities for service disconnect,
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, posting signs and all costs incurred notifying residents. In addition, this
item includes preparing traffic control plans and providing the traffic control required by
the project including, but not limited to, signs, cones, barricades, flag persons, and
other needed items. This item includes furnishing all labor, tools, equipment and
materials necessary to comply with the W.A.T.C.H. Manual, Latest edition, and City of
Newport Beach Requirements.
Item No. 3 Demolish and Remove Building: Work under this item shall include the
cost to apply for and obtain a no -fee Building Demolition Permit from the City Building
Department; erect and maintain construction chain -link fencing with green shielding for
the work duration; provide preventive dust watering; remove all items below, within, and
attached to the building including the foundation; remove the wooden shed and its
raised concrete "wall' and ramp; remove and cap all utility services at property line;
backfill all voids and holes left from the foundation removal; and level the portion of the
lot where the building and the shed have been removed.
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 3
CONSTRUCTION METHODS
SECTION 300 - -- EARTHWORK
300 -1 CLEARING AND GRUBBING
300 -1.3 Removal and Disposal of Materials
Add to this Section: "Disposal of material shall be done by City approved Licensed
and Franchised Commercial Solid Waste Haulers. A current list of approved haulers
can be provided upon request or be found on the City's website at:
http: / /www. city. newport- beach.ca.us /GSV /Frachised Haulers.htm."
300 -1.3.1 General. Add to this section: "The work shall be done in accordance
with Section 300 -1.3.2 of the Standard Specifications except as modified and
supplemented herein. While the City recognizes that an adjoining sliver section of the
existing lithocrete sidewalk might need to be removed to accommodate the work, the
Contractor shall take extreme care to not damage the rest of the existing lithocrete.
The cost to be borne by the contractor to replace unnecessarily damaged lithocrete is
approximately $400 per square foot and is to be done by a sole source contractor
approved by the City.
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."
EXISTING PARKING LOT I
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EX. CONCRETE ALLEY
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o BALBOA MARKET SHED j
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a REMOVAL LIMITS
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WASHINGTON STREET
REMOVAL WORK EXHIBIT
NOT TO SCALE