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C-4897 - Bulkhead and Seawall Repairs
CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK Leilani I. Brown, MMC February 13, 2014 Surfside Restoration and Waterproofing, Inc. P.O. Box 352 Huntington Beach, CA 92648 Subject: Bulkhead and Seawall Repairs— C-4897 Dear Surfside Restoration and Waterproofing, Inc.: On February 12, 2013 the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on February 26, 2013. Reference No. 2013000117106. The Surety for the contract is U.S. Specialty Insurance Company and the bond number is 1000907314. Enclosed is the Faithful Performance Bond. Sincer Leilani I. Br wn, MMC City Clerk Enclosure 100 Civic Center Drive • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.newportbeachca.gov City of Newport Beach BULKHEAD AND SEAWALL REPAIRS Contract No. 4897 BOND NO. 1000907314 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 4,239.00 being at the rate of $ 30.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Surfside Restoration and Waterproofing, Inc., hereinafter designated as the "Principal", a contract for construction of BULKHEAD AND SEAWALL REPAIRS, Contract No. 4897 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. 4897 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and U. S. Specialty Insurance Company duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Forty -One Thousand Three Hundred and 001100 Dollars ($141,300.00) 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 sunt specified in this Bond; otherwise this obligation shall become null and void. P 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 taw 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 worst 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 specificatlons. 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 26th day of march . 2012. Surisldo Restoration and Waterproofing, Inc. h rized Signature/Title (Principal) U. S. Specialty Insurance CompanyIN f" Name of Surety Au rized Agent Signature 625 The City Drive South, Suite 130 Orange, CA 92868 Address of Surety 714740-7000 Telephone Paul S. Dito, Attorney-inFact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 30 ACKNOWLEDGMENT Y Y Y Y Y O Y k s Y Y Y Y k k k k i f Y k Y k k Y k Y Y Y Y Y k Y f k Y Y Y f k Y Y Y k Y k... Y k t YY k Y k f Y f k k k k k Y k k. Y Y Y Y..• Y Y. State of California County of CK44W } ss. �% �^ On mora cJ/l N', j o t Z before me. A-Ircm S v' r '� Notary proved to me on the basis of satisfactory evidence to be the persono whose name(sf&ape subscribed to the within instrument and acknowledged to me that executed the same in (Is tter/theiF authorized capacity(1WO; and that by Ir signatures(sy on the instrumerifthe person(o, or the entity upon behalf of which the personKacted, 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 tl �f 11 �I 1.• . < Yt (seal) Y Y Y I Y Y R Y Y Y Y 4 Z Y Y i Y Y Y Y Y Y 0.Y\YYYYYYh11YYYYY 4Y}Y11,IYYYYY NYYy Y Y Y YY11YYk Y Y\YY YYY\YI YY Y YI OP7IONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: _ Trustee _ Power of Attorney _ CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: 31 Thumbprint of Signer Check hereIf no thumbprint or fingerprint Is available. ACKNOWLEDGMENT •RRFFF/YY//YYYFY/fY YYYFYYY/Y/FF YFYYYYFYF///M/YYYY YI Y/F///Y MYMMW F Y a F F/p MY F MN/r F, State of California County of ss. On before me, Public, personally appeared Notary proved to me on the basis of satisfactory evidence to be the on{ s) whale name(s) is/are subscribed to the within instrument and acknowledged to hat hetshe/they executed the same in his/her/their authorized capacity(ies), and that by is/hedtheir signatures(s) on the instrument the person(s), or the entity upon behalf of whi the person(s) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the foregoing paragraph Is true and correct. WITNESS my hand and official sea[. Signature of the State of California that the (soap YYYYRYWRNNWNY!}lWtWYWWWM.NawRNWgIWRYMWYaYRW;..NINWRW YWYW. INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a f=oreign La e Type of Satisfactory Evidenc , Personally Known wi Paper Identification Paper identification Credible Witness{e Capacity of Signer: / _ Trustee \ Power of Attorney CEO/CFO/COO President / Vice -President / Secretary ! Treasurer Other: Other 32 Thumbprint of Signer 0 Check hero it no thumbprint orflngorprint is available. CALIFORNIA•ACKNOWLEDGMENT State of California County of Orange On MARCH 28TH, 2012 before me, Chris Theveny, Notary Public Date Hem Insert Name and Tote of the Olfimr personally appeared Paul S. Dito who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that ,_ s he/shetthey executed the same in his/her/their authorized CHRIS THEVENY capacity(ies), and that by histher/their signature(s) on the Commission # 1797117 16 instrument the person(s), or the entity upon behalf of QMyComm.==2.21I2j Notary Public - California which the person(s) acted, executed the instrument. orange County I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing pa s true and correct. -^ 7 r' 1 WITNESS my Place Notary Seal Above Signablre at NotaryPudic OPTIONAL Though the information below is not required by law, a may prove valuable to persons retying on the document and coukt prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bond No. 1000907314 Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Paul S, Dito ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General 19� Attorney in Fact ❑ Trustee I 1-1Guardian or ConservatorIDOther: SiggnatIs Representing: U. S. Specialty insurance Company Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer —Tittle(s): ❑ Partner — 11 Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ other: Signer is Representing: 02007 Nab."NotaryAssociaYw»9350 Do SM Ae.,PQB. 29-Chotowort CA t11k5907 ileaCar:Cal-kyl*"1-80"764827 ,����,�� POWER OF ATTOal AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY- ( IY THESE P ftl an Contractors it California co tom, assumed n rs Indemm:q o WMn' _ Surety Com i} n io S. Specialty Insur Raw fI61"Mas corporation (c t rt t oceanees"), do by thim4mmcmrdW," constitute, and appoint:.. Paul S. Dito, Paula LaSalle, Denise Lopez, Chris Theveny, Kill Tran, Freddy AnYarl, Carnahan, Johansson, or -Maricela Lares of Orange, California me s-in-fac Wen wth�_ paciif mor I,(ewith full yomet f came, place s mamcft ledge and i recognizaniw,di r Tuments or contractshrp��xi rinlude riders, arae' ants of surety, proiffill IM penalty does not exceed **`**Three Million***** Dollars ($ **3;000,000.00**; ), This Power of Attorney shall expire without further action on March 18, 2015. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: i .r t r esident, any Vice P t tarty s� i resident, any Secret- r. e y shall be and is he vAwqqvk Y its �s)-m-Fact to repr -..tom Jnr mf the Company s Sewt —ho t#� given an opne or m y,Il�o� rrta9 i Fact may be full ower and s �'tbr and in the time of and on behalf ot`�€--smisity, to execute, acknowledge and delivei 'e ll bor>�s, recognizances, contracts,. agreements or indemnity and other conditional or obligatory undertakings, including any and all: consents for therelease:of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed. by. the President and sealed and effected by the CorpoaratzSecrahl„ ISI Illi h rsf re of any authoc"ri aslrompany heretofore����pppp er of attorney or aarett empower of attomr tori signature or faole all ail mg upon the o to which itis attached i l i 111 .111111 4i'�u IV p IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their: corporate seals to be hereto affixed, this Yd day of October; 2011 AMERICAN CONTRACTORS IN LAITY COMPANY TEXAS BONDINGCOMPANY UNITED S � �I � � i NY U.S. SPECIAL MURZKF i ANY ea TQC III I, ins T SA wtaCtt[t rid i KI Daniel P. Aguilar, Vice President State of California �.•'. lr ��r� oo SS: =Pill b II WiV t»3r, oroctober, 2011, be bor Reese, a no 1 11 Zamet tory public, ly a P Agwlar,il American Contractors Indemnity? Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged ged to me that. he the same in; his authorized capacity,' and that by his signature on the.:instrument the —rrs*s).�,�-ell upon behalf of w h e s ate , executed the i tr int` IIII I'll wilt SSS my hand anWWMWqd official seal F PER li l � ” "ei State of C l paragraph I u t = Signature -G [ Ato s -t efoEsals"aaitai1 9 u (Seal) Ill Paul • rann«m Ira ISM•} camp eEtremEa InasRxtl20ta � � I 11111 � I I6 I � .e Ott Secretary - �tdemnity C i I�i �lICompany UnlS1def t - Specialty Iosuranat ty t y certify that the a a Ifo lit IIs a Y and corre to of�Attomey, executed by said Companieswhich is still in full force and effect;. furthermore, the resolutions of the Boars f Directors, set out in the Po-a;+as of Attorney are in full force and effect:` - In Witness-u&Jjerem&jhave hereunto set my hand qR4I a the seals of said Companies sit i os AMeles, California this _2,M -day 2012 I ul.ltl III IN4. Corporate Seals SQA% fie( f° Bond No. 1000402314 ° nn ee slstantSecretary �`— �- III Ilal�l, j � ILII gal°I�lurtlllltlli��,lu 11. � — _ 10) ce;: Z101- 0, i a OFFICE OF THE CITY CLERK Leilani I. Brown, MMC May 2, 2013 Surfside Restoration and Waterproofing, Inc. P.O. Box 352 Huntington Beach, CA 92648 Subject: Bulkhead and Seawall Repairs - C-4897 Dear Surfside Restoration and Waterproofing, Inc.: On February 12, 2013, the City Council of Newport Beach accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 65 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on February 26, 2013, Reference No. 20130001171,06. 'The Surety for the bond is U.S. Specialty Insurance Company and the bond number is 1000907314. Enclosed is the Labor & Materials Payment Bond. Sincerely, Leilani I. Brown, MMC City Clerk Enclosure Post Office Box 1.768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.city.newport-beach.ca.us CRR of Newport Beach BULKHEAD AND SEAWALL REPAIRS Contract No. 4897 13OND NO. 1000007314 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of Califomia, by motion adopted, has awarded to Surfside Restoration and waterproofing, Inc., hereinafter designated as the "Principal," a contract for construction of BULKHEAD AND SEAWALL REPAIRS; Contract No. 4897 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. 4897 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, U. S. specialty Insurance Company duly authorized to transact business under the laws of the State of Califomla, as Sudety, (referred to herein as "Surety) are held frrily bound unto the City of Newport Beach, in the sum of One Hundred (rorty -One Thousand Three Hundred and 001900 Dollars ($949,300.00) lawful money of the United States of America, said sum being equal to 900% 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 93020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 33 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 at, seq. of the Civil Code of the State of Cailfomia. 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 duty executed by the above named Principal and Surety, on the 28th day of March 2012, Surfside Restoration and Waterproofing, Inc. (Principal) U. S. Specialty Insurance Company Name of Surety 626 The City Drive South, Suite 130 Orange, CA 92868 Address of Surety 714-740-7000 Telephone t"_ uthorized SignaturelTiile Authorized Agent Signature Paul S. Dito, Attomey4n-Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 34 ACKNOWLEDGMENT Yry Ya YaR.kkYY k Y Y Y R R Y Y Y Y Y Y Y Y M Y Y Y I Y Y Y Y Y Y Y RY k . . 9 R Y Y Y Y f tlYY YMYYk Y Y Y t Y Y R 1 Y Y Y YY R1 YY a, State of California County of (A-&"X- On k-dLy�� On tYlt�t c 190ul-Z" before me, �r' I'L Notary proved to me on the basis of satisfactory evidence to be the person(6T whose nameK islate subscribed to the within instrument and acknowledged to me that he/shefthe;r executed the same in his/hei;Aheip authorized capacity(ies), and that by hls/hetAII lr signaturesfe)-on the Instrument the personK or the entity upon behalf of which the person(e) 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. lt� 2 Signature i_ Y 4 N 5r t (seal) RRYYYYYYCYYYYYY.RIYRYYYYYY.OY(YY2Y)p....Y;IIY YYYYY1tYi YkM I(Y FkYY YYYYYYYYYYYY...I OPTIONAL INFORMATION Rate of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: Personally Known with Paper Identification — Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO / CFO I COO President / Vice -President / Secretary! Treasurer Other: Other Information: 35 Thumbprint of Signer ❑ Check here if no (humbprtnt or fingerprint is avaiiabie, ACKNOWLEDGMENT NNMF N F N Y Y M M M Y i Y Y t M YYYMMMY..***a Y i Y Y YY. t YYIYYYYtM 4NMNN90. Y R Y Y I M M R Y f Y Y M Y Y NRNNYNNII State of California County of )as. On before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the persons) ose names) is/are subscribed to the within instrument and acknowledged to me that h he/they executed the same in his/her/their authorized capacity(ies), and that by his/her/ eir signatures(s) on the Instrument the person(s), or the entity upon behalf of which the p son(s) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws foregoing paragraph is true and correct. , WITNESS my hand and official seal. Signature the State of California that the (seal) O]IYMIIORYIIRSIIYYYNRRf1FUR.RR114FMM YMIlA1RRRRRO YRIN MRMtMNNNIl11t iYMM YFR.MYO.FN. NRNNTM11TY1 Date of Document Type or Me of Document Number of Pages in Document Document in a Foreign Langue. Type of Satisfactory Evidence: Personally Known with Paper identification Credible Witness(es Identification INPORMAMN Thumbprint of Signer © Check here 3f Capacity of Signer. no thumbprtnt Trustee wfingerpnnt Power of Attorney is avattable. CEOICFOICOO President I )Ace -President / Secretary / Treasurer Other. Other Information: 36 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of grange On MARCH 28TH�2012 before me, Chris Theveny, Notary Public Date Hom Insert TJame andWi of the ONMer personally appeared Paul S. Dito Name(s) of Signer(s) CHRIS THEVENY 1 Commission # 1797167 's� Notary Public • California Orange County rnvcorrxt,. resn�avz.zol2 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is(are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herltheir authorized capacity(ies), and that by histherltheir 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 anc WITNE; Signatur OPTIONAL Though the information below is not required by law, H 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: Tinnd No. 1000907314 Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Paul S, Dito Signer's Net ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner — ❑ Limited ❑ General 3!� Attorney in Fact ❑ Trustee T -F ❑ Guardian or Conservator I ❑ Other: Siggner Is Representing: U. S. Specialty Insurance Company Number of Pages: ❑ Corporate Officer — Titte(s): ___ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact thumb here ❑ Trustee "FWe k ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER 0 02007 National Notary Associallon• 9350 De Soto Ave., P.O, Boz 2402•Chatsworth, CA 91313.2402-w ..Nationa)Notaryorg Item85907 Reorder.0aA7WI-Frea1.809-876-6827 NVtINESS my hand and official seal: tGiira Signature_eA IfV,Sr_ (Seal) ME ARG&ItyInsurarree-911 Secretary Indemnity tQy, cby certify that the �ol of Attorney, executed by said Companies, which is still in full force and effect; fia. set out in the Power of Attorney are in hall force and effect. In Witnesti34er Have hereunto set my hand t i ffi,�g f the seals of said Co — ZI GL,r1L f� �V "Y FYI �p�, F ul 1 „3 v i ''�iir ,a6bMQ C. Corporate Sealsfg¢cet�aaram 'SEA *(a A Tom `S Y j Ili Bond No MF low x.t N .III �1G'►r1TM ngl�u ompany Un re 9;�� s a true and come I� iermore, the resolutions of the Boards of Directors, fames _ eles, California this 28TH .may C N+ 1 sistant Secretary 1 CF1\ed in Official Records, Orange County RECORDING REQUESTED I;; AND Renee Ramirez, Assistant Clerk -Recorder WHEN RECORDED RETUR'T4 -8 I II!'I II II IIIA II I'II IIII'I III'I III NO FEE *$ R 0 0 0 5 6 2 9 1 7 5$* City Clerk OFFICE Of 201300011710611:26 am 02126113 City of Newport Beach THE CIT` CLfJW7 405 N12 1 3300 Newport Boulevard CITY CF ` r g ,910.00 0.00 0.00 0.00 0.00 0.00 0.00 Newport Beach, CA 92663 Exempt from recording fees pursuant to Government Code Section 27383 NOTICE OF COMPLETION ' p NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Surfside Restoration and Waterproofing, Inc. of Huntington Beach, California, as Contractor, entered into a Contract on March 13, 2012. Said Contract set forth certain improvements, as follows.- Bulkhead ollows: Bulkhead and Seawall Repairs — Contract No. 4897 Work on said Contract was completed, and was found to be acceptable on February 12, 2013, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is U.S. Specialty Insurance Company. 3Y Public Works Director City of Newport Beach VERIFICATION i certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. �n Executed on at Newport Beach, California. BY *ki 4. h�V['�� City Clerk w U '%Lpo RN�� RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Exempt from recording fees pursuant to Government Code Section 27383 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Surfside Restoration and Waterproofing, Inc. of Huntington Beach, California, as Contractor, entered into a Contract on March 13 2012, Said Contract set forth certain improvements, as follows: Bulkhead and Seawall Repairs — Contract No. 4897 Work on said Contract was completed, and was found to be acceptable on February 12 2013, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is U.S. Specialty Insurance Company, 10 Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. 332 Executed on t�, at Newport Beach, California. BY &k 4. City Clerk OFFICE OF THE CITY CLERK Leflard I. Brown, MMC February 13, 2013 Orange County Recorder P.O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for the following projects: • Bulkhead and Seawall Repairs (Contract No. 4897) • Irvine Avenue Median Landscape Improvements (Contract No. 5035) • Tidegate Retrofits and Upgrades (Contract No. 5116) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, Leilani 1, Brown, MMC City Clerk Enclosures 3300 Newport Boulevard Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3005 • Fax: (949) 644-3039 • www.city.newport-beach.ca,us �1 NEWPORT BEACH `q � City Council Staff Report s Agenda Item No. _ February 12,_ 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949-644-3311, dawebb@newportbeachca.gov PREPARED BY: Eris Lee, Senior Civil Engineer 949-644-3323, ilee@newportbeachca.gov APPROVED: _,� TITLE: Bulkhead and Seawall Repairs — Notice of Completion and Acceptance of Contract No.4897 ABSTRACT: On March 13, 2012, City Council awarded the Bulkhead and Seawall Repairs project to Surfside Restoration and Waterproofing, Inc., for the total bid price of $141,300.00 plus 25 percent for construction contingency allowance. The required work is now complete and staff requests City Council acceptance and close out of the contract. 1. Accept the completed work and authorize the City Clerk to file a Notice of Completion. 2. Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with the applicable portions of the Civil Code, 3. Release the Faithful Performance Bond one year after Council acceptance. Funds for the construction contract were expended from the following accounts: Account Descriptlon Account Number Amount Tide and Submerged Lands 7231-04402007 $171,861.49 Total Construction Cost: $171,869,49 I of DISCUSSION: Contract Award Amount $141,300.00 MLLW 0.0 or lower. Bulkhead and Seawall Repairs — Notice of Completion and Acceptance of Contract No.4897 February 12, 2013 Page 2 Overall ContractCost/Time Summary Final Cost at Benchmark Actual Contract Time Completion Target Contract $171,861.49 ( 25% orless 1 +21.6% 11 40" a6 any Time Under (-) or Over (+ -5 The work necessary for the completion of this contract consisted of: • Repairing existing seawall expansion joints, cracks, & spalls in the Newport Island area; and • Replacing deteriorated joint material with new joint material in the Balboa Yacht Basin and other City Bulkhead/Seawall structures; and • Repairing the concrete cap on an existing concrete sand groin along the Little Balboa Island South Bay Front. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: Actual cost of bid items constructed: Contract change orders: Final contract cost: $ 141,300.00 $124,872.00 $ 46,989A9 $ 171,861.49 Given the favorable contract bid pricing, a construction contingency of 25 percent was established at the time of contract award providing funds to address additional work locations discovered during the course of work. As a result, the final contract cost was 21.6 percent above the original contract amount. These unscheduled bulkhead and seawall repairs included: • Finley Street street -end; e 29th Street at Lafayette Avenue; and Y Additional areas in the Balboa Yacht Basin. A summary of the project schedule is as follows: Estimated Completion Date per July 2011 Baseline Schedule: September 28, 2012 Project Awarded for Construction: March 13, 2012 Completion Date from Award with Approved Extensions: December 28, 2012 Actual Substantial Construction Completion Date: December 19, 2012 2 of Bulkhead and Seawall Repairs - Notice of Completion and Acceptance of Contract No.4897 February 12, 2013 Page 3 ENVIRONMENTAL REVIEW: City Council found this project exempt from the Califomia Environmental Quality Act CCEQA') pursuant to Section 16301(d). This exemption covers maintenance activities with negligible expansion. NOTICING: This agenda item has been noticed according to the Brown Act. In addition, the City Clerk will be filing a Notice of Completion for the project as a result of this action. The Notice inviting Bids was advertised in the City's official publication and in construction industry publications. Submitted by: ,,Z,e /,), J David A. Webb Public Works director Attachment: A. Location Maps 3 of LOCATION MAP BULKHEAD AND SEAWALL REPAIRS CONTRACT NO.4897 da HAYsax RI VC Fmg A PROJECT LOCATION CRYSTAL AVE SAND GROIN 406 LOCATION MAP BULKHEAD AND SEAWALL REPAIRS CONTRACT NO.4897 Y \`� NEWPORT \\� ISLANp ik♦1,� y '��z Y'' ��„N�. T it o n1 �A - CITY HALL REPAIR LOCATION RIVO ALTO BULKHEAD CRACK REPAIR AI IAUHIVIMI A LOTJ 6016 LOCATION MAF BULKHEAD AND SEAWALL REPAIRS CONTRACT NO.4897 otm PROJECT LOCATIC BALBOA YACHT BASIN 6of6 CITY CLERK _ CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 9:00 AM on the 16th day of February, 2012, at which time such bids shall be opened and read for BULKHEAD AND SEAWALL REPAIRS Title of Project Contract No. 4897 $305,000.00 Engineer's Estimate ApWved by phen G. Badum is Works Director Prospective bidders may obtain Bid Documents, Project Specifications and Drawings by contacting Mouse Graphics at (949) 548-5571 Located at 659 W. 19th Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project: A" or "C-61 " For further information, call Tom Sandefur, Project Manager at(949)644-3312 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.NewportBeachCA.gov CLICK: Online Services /Bidding & Bid Results City of Newport Beach BULKHEAD AND SEAWALL REPAIRS Contract No. 4897 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.....................................................15 ACKNOWLEDGEMENT OF ADDENDA........................................................................17 INFORMATION REQUIRED OF BIDDER.....................................................................18 NOTICE TO SUCCESSFUL BIDDER......................_.....................................................21 CONTRACT................................................................................................................... 22 FAITHFUL PERFORMANCE BOND.............................................................................30 LABOR AND MATERIALS PAYMENT BOND...............................................................33 PROPOSAL............................................................................................................... PR -1 SPECIAL PROVISIONS............................................................................................SP-1 2 City of Newport Beach BULKHEAD AND SEAWALL REPAIRS Contract No. 4897 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 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. --� i\,-� (p( -- e � C� Contractors License No. & Classification Bader Aul'p(orized Signature/Title Date 0 City of Newport Beach Bond No. 1000907263-01 BULKHEAD AND SEAWALL REPAIRS Contract No. 4897 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of not to exceed sixteen thousand five hundred and 001100 Dollars ($ 16.500.00 ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BULKHEAD AND SEAWALL REPAIRS, Contract No. 4897 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 (lie Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 14th dad Surfside Restoration & Waterproofing, Inc. Name of Contractor (Principal) U. S. Specialty Insurance Company Name of Surety i _ 625 The City Drive'South, Suite 130 Orange, CA 92868 _ Address of Surety 714-740-7000 Telephone Paul S. Dito, Attorney -in -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must he attached) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE I S.S. On ,?BIZ before me, 1���✓G(.t_i S and for said County and State, personally appeared, a Notary Public in 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 bis/ber/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 Signature: MARCUS DINH COMM ... 1965735 � NOTARY PUBL"AUFORNTA -4 ORANGE COUNTY W My Term Exp. Jan. Q 2016 S (Notary Seal) Optional Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fi-audulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Signer(s) Other Than Named Above: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On FEBRUARY 14, 2012 before me, Chris Theveny, Notary Public Date Here Irv5erl Name a Title of the Officer personally appeared Paul S. Dito 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 CHRIS HEVENY instrument the person(s), or the entity upon behalf of T .. Comm]" instrument T E 1797107 which the person(s) acted, executed the instrument. slon"� _ - Notary Public - California Grange County £ I certify under PENALTY OF PERJURY under the laws ?� Comm. 2,2012 4 of the State of California that the foregoing pa raph is true and correct. ___7 WITNESS my Place Notary Seal Above – — Signature of No" pis I 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: Bond NO -1000907263-01 Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Paul S. Dito ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner — ❑ Limited ❑ General �F* Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: U. S. Specialty insurance Company Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact thumb here ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT TH111.1ePRINT OF SIGNER in 02007Nbonel Notary Assodalion•9350De Soto Ave.,P.O.eox2# -CMet h,CA913132402-v .Na6onalNotery.org Item#5907 Reorder CaHTW-Frw1400-676G627 MV afi �rF tik1 1rtl - - POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXASBO\DINGCONIPANY UNITED STATES SURETY CONtPANY U.S. SPECIALTY INSURANCE COMPANY JC�NOiV 1,L��7 1, BY TIiLSE PRESENTS SThat,,Auerican Contractors Indentmt-6-top y-. a California corporation Texas . Bonding Com�aD} ru assumed natuelof'AmaricaittContractors Indemnity=-Cotnpany-"Utt iecL-S 'fes Surety Compan} a Maryland It,- Allcorporatto`rLan t7.5 Specalty Instira n 'el5'onipany;,a Texas'"corporahon (coll�hvcly, th�Coxnpaures"), do by [hes�p esedts,rndke,*11 constitute and appoint: Paul S. Dito, Paula LaSalle, Denise Lopez, Chris Theveny, Khoi Tran, Freddy Anvari, Carmina Johansson, or Maricela Lares of Orange, California its true and al vful 2atorney(s)-in-facMch7h therr�aM,capacity if more -than one ,muned'above, with full powcr.aad authhont 3- t herebyonfel jzd R its name, place aod�stead. In "execute?aknowlzdge and dleliyv.',erapy and alb onds, recognisances, urc Ir t.�kings- 01,o1vherfnstrulnen`ts or cantrac�oLsure }shtpeto=include. riders, amendm_ encs, and consents of sure[},. pr.:owdtng_Etie` —nem penalty does not exceed **-*-Three Million—*' �' Dollars (S *'3,000;000.00'" ). This Power of Attorney shall expire without further action on March 18, 2015. This Power of Attorney is granted under and by authority of the following resolutions adopted bythe Boards of Directors of the Companies: Dr.alJteaiiti�ri thaRhePiesident, any Vice President ,any Aesistmt, Vitee-President, any Secreta or any Assistant Scurenary shall. be and is hereby vested with full ; —� i i M ,�� Irax3i } tr 1 - _mteranA ainhantt-to. appoint any one or more smta lei, c on tyas Aaomey(s)-in-Fact to represent��it,t artd etebe iS—If of the Company subject m the foll(owm f 1` -=k ' �a�bv' �..5�--1 �� r I . ` 1 4 S arm net-in:!•a<!r i� be. given Full power and`aurhdriryrto� 1m�'�rn die name of and on b�hnlf oEaie_Company„to-exeatne, acknowledge and derive err, and I'bonds--� � iccogramnces. contracts, agreements or indemnity and other conditional m obligatory undertakings, including any and all consents for the release of retained percentages and/or final esimales..on engineering and construction contracts. and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Anomey-in-Fact shall be binding upon the Company as ifsigned by the President and sealed and effected N WITNESS WHEREOF, 3`a day of October, 2011.: etoforeorhereafter ffixed[o,anyspower of attorney or an_�ntTitatczlanng or facStmd��e;,setaltshallrbeav_aVltd rind Sinding upon theCmirpmiy riatlt-ie3pectm _ AW The Companies have caused this instrument to be: signed and their corporate seals to be hereto affixed, this .AMERICAN CONTRAC'T'ORS - UNITED STATGS•$URhT,yl b mn.nn stnultto � SEAL Ctrl State of California •� T sy rY COMPANY TEXAS BONDING COMPANY U.S SPECIALTVANSURANCE MYMPANY / P -T an jgaw !�i S d.;1-r +/ Daniel P. Aguilar, Vice President ,ky�'� Gonnty o C skMgeles SS: Am #1 i'y r F x I t r 1 3 ( L t` 1 rf Er �� QAA [lits 3 &y of 0-crober, 201 1, be orr=me z�or�a t Reese; a notary public p�e,'rssonally appeared Dahiel P Aguila �-- Peres e f f American Contractors Indemnity Company, Texas: Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who provedto me on -the. basis of satisfactory evidence to be the person. whose name is subscribed to the within instrument andacknowledged to me that he executed the same in his authorized capacity, and that. by his signature on the instrument the persons =t><the-tnttty upon behalf of whicth,theperson(s)y,yaciited, executed the instruments - � � — It g y ,�'bj `n i —�� s, �� 1 - rt 1~ceiJafjain�. EI L.RIIY TY OF PERt,Iudei the lass of;the State of C' hfemN—thzr kn; aregaang parabmph't5 triteiand - recut V5 £NESS my hand and official seal. — - Signature �p :f /lA n , 9 - NOM pug a ,nsae g T j� it,t+°S� (Seal) Fk1W 7ueuo•CalilorNe tut MOUH [curry _ Y Camra B unmvle.20 n iJeannle U 0m .As'ssi tant SecretaryA ue�rncafif amttfacta€s Indemnity Gompany� Texas Bonding__ Company Umle'"� `-? Company-altd,U'S. Specialty lnsurauceRo"aQytl-e hereby5bertify that the aboy and foreeoug isra`-true and corrWL6 `of Attorney, executed by said CompaiNi which is still in full force and effeef- fui1liennore, the resolutions of the Man set out in the Power of Attorney are in fit]] force and effect. In. Witness 4NhcrMQ l have hereunto set my hand and affixed MEL -o,�1v.At\to,PJ� f{ p 9LL�. `wt1(11 Corporate `eats. t���Pou� 'SEAL Bond No. -190097263=01 -_ Agency \o`A r 9007- � G - ,t Tj� tin _� City of Newport Beech BULKHEAD AND SEAWALL REPAIRS Contract No. 4897 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing. of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid.. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work %of Number Total Bid Name: Address: \\ lv Phone: State License Number: Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: Bidder I I horized Signature/Title City of Newport Beach BULKHEAD AND SEAWALL REPAIRS Contract No. 4897 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this formM Please print or type. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person <,.. Tse Telephone P/qj) Cv41e1 ai c/ L] Original Contract Amount $ QQ 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. 0 No. 2 Project Name/Number Project Description Approximate Construction Dates: From ;S / in __To: /j ho Agency Name 0 ,��, rpt Caw1 »s Contact Person � � 2�-F s = Telephone 2,C , / Original Contract Amount $ Final Contract Amount $ 1(r% ,00O If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number Project Description Approximate Construction Dates: From JQi �z_ To: 20i -i- Agency Name Contact Person c,1r1 Wl'- N Telephone (3x) Original Contract Amount $ lof) 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. 10 No. 4 Project Name/Number Project Description Approximate Construction Dates: From To: uor c� Agency Name Contact Person �i.1.\\�s K,R.:4 Rti n Telephone (z�3) any 9ti �r5 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 T 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 �id condittionsuthorized Si nature/Title 12 City of Newport Beach BULKHEAD AND SEAWALL REPAIRS Contract No. 4897 NON -COLLUSION AFFIDAVIT State of California ) ) ss. County of ) �. being first duly swq�q deposes and says that he or she is �..o, of,� rSZly S KM=,itnnl4-,oma , the party making the foregoing bid; that he bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partner&ip, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of thSt of California that the foregoing is true and correct. u�wf .->s 2A --t Ln, 1`4e•`"�^ Bidder A orized Signature/Title Subscribed and sworn to (or affirmed) before me on this ZY&y of n 2012 b J k ✓l L CL6 ' -n`sf , P y A 9 roved 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 Stat f C lifomia t the foregoing paragraph is true and correct. _q. '( � A [SEAL] ^ \ Vrk 13 My Commission Expires:_zats CALIFORNIA JURAT STATE OF CALIFORNIA} COUNTY OF ORANGE} S.S. Subscribed and sworn to (or affirmed) before me on this day of , 20-0, By proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature: (Notary Public) C -M- EN io 0 19249 KI Commfs>fion * 192195! Notary Public . CNKornis Orange County MY Comm. Expires Mur 9, 2015 r 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. Further Description of Any Attached Document 1 I Title or Type of Document: AL-CAIchn '-' ►r� olgtl 7 Document Date: '7( 1Z, Number of Pages: Signer(s) Other Than Named Above: (N City of Newport Beach BULKHEAD AND SEAWALL REPAIRS Contract No. 4897 DESIGNATION OF SURETIES Bidders Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): ' I kkA `NCD "l ocx> 14 City of Newport Beach BULKHEAD AND SEAWALL REPAIRS Contract No. 4897 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TOO ACCOMPANY PROPOSAL Bidders Name Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Current Record Record Record Record Record Year of for for for for for Record 2011 2010 2009 2008 2007 Total 2012 No. of contracts Total dollar Amount of Contracts (in Thousands of $) ,(w \V1, CM `12\,(:00 r� r. 91%l Ilcw \ 3000 ?)10 ,000 1, 3 00D No. of fatalities No. of lost Workday Cases d E No. of lost workday cases involving permanent transfer to another job or termination of employment C:) C) O CD The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Legal Business Name of Bidders vRCr Boz.� -rxv,L lac.. Business Address: QC� 1 ?>51— 9 2to�iSf Business Tel. No.: State Contractor's License No. and Classification: i- c -- Title 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. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title �N e Y Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. 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 if fewer than all of the partners/joint ventures submit 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 signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. [NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHED W., CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE } S.S. an before me, and for said County and State, personally appeared, a Notary Public in who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s is e subscribed to the within instrument and acknowledged to me that hg0they executed the same in hi er/ heir authorized capacity(ies), and that by hi /he eir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature. (Notary Pu lic) STEPHEN W. GRA80WSKI Commission a 1924958 = ti Notary Public - California i Orange County MY Comm. Expires Mar 9. 2015 r (Notary Seal) ti nal 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 Date: of J I T I `]m z Number of Pages: Signer(s) Other Than Named Above: City of Newport Beach BULKHEAD AND SEAWALL REPAIRS Contract No. 4897 ACKNOWLEDGEMENT OF ADDENDA Bidders name The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: Addendum No. I Date Received I Signature 17 City of Newport Beach BULKHEAD AND SEAWALL REPAIRS Contract No. 4897 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�"vh,., n19 1 Business Address: 5-!= Telephone and Fax Number. ---7'J 3 'f — 7(,an '7/`-( ?-7q— %lam/ California State Contractor's License No. and Class: --D \fir Ps C, (REQUIRED AT TIME OF AWARD) Original Date Issued:. %CkCL"1Expiration Date: vl `A List the name and title/positionoof the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Corporation organized under the laws of the State of W The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner/agency? If so, explain. 0 Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / 0 06 Are any claims or actions unresolved or outstanding? Yes / o 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. L' 11�_' (Print name of Owner or President of Crporation/Company) Au{(t9�o ized Signature/Title ",, _:A— Title Date On of L before me, Ld Notary Public, personally appeared L I t who proved to me on the basis of satisfactory evidence to be the person(s whose name(s) is]Art>subscribed to the within instrument and acknowledged to that he/sh ey xecuted the same in his/her/their authorized capacity(ies), and that by his/her ev ignature(s the instrument the person(s), or the entity upon behalf of which the person(s) acte , 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 an Le icial s (SEAL) STEPHEN W. GRABOWSKI ary ublic in and for said State Commission s t924gSri Notary Public - California Orange Coumy M Comm. EM iras Mar 9, 2015 r My Commission Expires: 20 Bi er L' 11�_' (Print name of Owner or President of Crporation/Company) Au{(t9�o ized Signature/Title ",, _:A— Title Date On of L before me, Ld Notary Public, personally appeared L I t who proved to me on the basis of satisfactory evidence to be the person(s whose name(s) is]Art>subscribed to the within instrument and acknowledged to that he/sh ey xecuted the same in his/her/their authorized capacity(ies), and that by his/her ev ignature(s the instrument the person(s), or the entity upon behalf of which the person(s) acte , 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 an Le icial s (SEAL) STEPHEN W. GRABOWSKI ary ublic in and for said State Commission s t924gSri Notary Public - California Orange Coumy M Comm. EM iras Mar 9, 2015 r My Commission Expires: 20 City of Newport Beach BULKHEAD AND SEAWALL REPAIRS Contract No. 4897 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 BULKHEAD AND SEAWALL REPAIRS Contract No. 4897 CONTRACT THIS CONTRACT FOR PUBLIC WORKS entered into this _ day of , 2012, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter City("City") and Surfside Restoration and Waterproofing, Inc., a California corporation ("Contractor"), is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of (1) distributing construction notices to affected businesses and residents; (2) repairing existing expansion joints, cracks, and spalls; (3) replacing deteriorated joint material with new joint material; (4) replacing concrete cap on sand groin; (5) other incidental items to be completed within the work areas as required by the Plans and Specifications. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4897, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 10� C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Hundred Forty -One Thousand Three Hundred and 00/100 Dollars ($141,300.00). 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.). WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Attention: Tom Sandefur (949)644-3312 CONTRACTOR Surfside Restoration & Waterproofing, Inc. P.O. Box 352 Huntington Beach, CA 92648 714-374-7600 714-374-7601 Fax F. INSURANCE Without limiting Contractor's indemnification of City, andrip or to commencement of work. Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. Coverage and Limit Requirements. a. Workers' Compensation. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and employer's liability insurance with limits of at least one million dollars ($1,000,000) each type for Contractor's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' 23 Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the required certificate of insurance, a copy of such waiver of subrogation endorsement. b. General Liability. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) General Aggregate and two million dollars ($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. C. Automobile Liability. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. Builders Risk. For Contracts with Construction/Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special form causes of loss with limits equal to one hundred percent (100%) of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. Other Insurance Provisions. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this contract. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bond documentation. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 91 b. General liability insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: i. City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. ii. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. Any insurance or self-insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. d. Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage except for builder's risk insurance. The builder's risk policy will contain or be endorsed to contain a provision providing for 30 days written notice to City of cancellation or nonrenewal, except for nonpayment for which ten (10) days notice is required. e. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with the contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. 25 Timely Notice of Claims. Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this Contract. g. Waiver. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. j. City's Remedies. City shall have the right to order the Contractor to stop Work under this Contract and/or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. k. Coverage not Limited. All insurance coverage and limits provided by contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other Contract relating to the city or its operations limits the application of such insurance coverage. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any services under this or any other contract or Contract with the City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. M G. RESPONSIBILITY FOR DAMAGES OR INJURY 1. 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. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any work performed or services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. The rights and obligations set forth in this Article shall survive the termination of this Contract. H. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to 27 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 dates written below. APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY Date- g l 0 1 1 Z 1 Aaron t City Attorneyrney V45i ATTEST: Date: Fe' I. Brown City Clerk m W. CITY OF NEWPORT BEACH A California Municipal Corporation and City and Cha r,, / / 4 Date: / Mayor SURFSIDE RESTORATION & WATERPROOFING, INC. California Corporation By: C orate Officer) Title: President Print Name: John Elder i WWI 4:6, (Financial Officer) Title: Secretary/Treasurer Print Name: Christine C.Romer Elder Date: 7512%'12_ City of Newport Beach BULKHEAD AND SEAWALL REPAIRS Contract No. 4897 BOND NO, 1000907314 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 4239.00 being at the rate of $ 30.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Surfside Restoration and Waterproofing, Inc., hereinafter designated as the 'Principal", a contract for construction of BULKHEAD AND SEAWALL REPAIRS, Contract No. 4897 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. 4897 and the tenns thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and U. S. Specialty Insurance Company 'duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of One Hundred Forty -One Thousand Three Hundred and 00/100 Dollars ($141,300.00) 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. 29 As a part of the obligation secured hereby, and in addition to the face amount specified In this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 28th day of March 2012. Surfside Restoration and Waterproofing, Inc. thZ5rized Signature/Title (Principal) U. S. Specialty Insurance Company � Name of Surety Aut®rtzed.Aient�Signature 625 The City Drive South, Suite 130 Orange, CA 92868 Address of Surety 714740-7000 Telephone Paul S. Dilo, Atlomey-in-Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 30 ACKNOWLEDGMENT ............................................................................... State of California County of 60CQ's. I ) S On mArc�l( � ear L_o tZ before #741f cjt/5 0; r�-" ` , Notary - — .who proved to me on the basis of satisfactory evidence to be the persony) whose narne(sfi I are subscribed to the within instrument and acknowledged to me thatftexecuted the same in Is he#tkeir- authorized capacity(iiao, and that by Ir signatures(4 on the instrumenf-the person(p), or the entity upon behalf of which the personKacted, 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 MARCUS DINH V COMM ... 1965735 p NOTARY PURICCAUFONNIA -4 tD ,o ORANGE COUNTY til My Tema Exp. Jan. 6, 2018 ,seal) ..................e................................... v e......................I OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity of Signer: _ Trustee _ Power of Attorney _ CEO/CFO/COO _ President / Vice -President I Secretary I Treasurer Other. Other 31 Thumbprint of Signer ChecK here If no thumbprint or fingerprint Is available. ACKNOWLEDGMENT ..............................................................................I State of California County of On Public, personally appeared ss. before me, proved to me on the basis of satisfactory evidence to be the subscribed to the within instrument and acknowledged to m same in his/her/their authorized capacity(ies), and that by instrument the person(s), or the entity upon behalf of whic tt instrument. I certify under PENALTY OF PERJURY under the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Notary who on(s) whose name(s) is/are that he/she/they executed the 'her/their signatures(s) on the person(s) acted, executed the of the State of California that the (0031) a.m., .......................... W ............... ffaa............. 0.0........... INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Type of Satisfactory Evidenc . _ Personally Known wit Paper Identification Paper Identification Credible Witness(e Thumbp( int of Signer ❑ check hem If Capacity of Signer: / no thumbprint Trustee l or fingerprint ^_ Power of Attorney is available. CEO/CFO/C00 President / Vice -President / Secretary / Treasurer Other: Other Information: 32 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 County of Orange J} On MARCH 28TH, 2012 before me, Chris Theveny, Notary Public Date Here Insert Nemo arc! Tate of the Officer personally appeared Paul S. Dito Nam(a) of Sgm0sl QP CHRIS THEVENY Comy Publi N 1797107 <Notary Public - Calltornla orange County Cantu. =2.20;_2j Place Notary Seal Abwe 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 tapacity(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 of the State of California that the foregoing true and correct. ___2 under the laws WITNESS Signature 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: Band No. 1000907314 Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Paul S. Dito Signer's Nat ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): — ❑ Partner -0 Limited ❑ General �Lc* Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: U. S. Specialty insurance Uorriparly, Number of Pages: ❑ Corporate Officer—Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02007NaborWNolay AssDmWn•9350n Solo Ate..POe 24-Chalslatli,CA91313-24112-w .NabwalNotaryorg Hem#5907 Rwmr:CaYTolFree1-806876-6827 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE. COMPANY C-tNQW E IBN=_BY THESE P.RESENiTS tII;�Tliat� :4me ican Contractors ndeiwv[y Conipanyya. California corporation FI'ezas� 1 A '¢ndirtg Cot>ny an:. assumed naii"ie o''Atn'ierlio�nliCgntractors Indemnity Coairg +mt�sttas Surety CompyMaryland7t € -e;®rporatio-n-&Tmtl-19:S. Specialty Insurance Company;iafTexas corporation(coti�ctiztel}; the Companies"), do by theseprestri s make;= constitute and appoint: Paul S. Dito, Paula LaSalle, Denise Lopez, ChrisTheveny, Khoi Tran, Freddy Anvari,Carmina Johansson, or _ Mariecla Lares of Orange, California r .r II rI'ISI- III I !sf's nie an Ilaiwfid Attotmey(s)-in-fact teach nth r se�ard -ccapacity if morel th nl one is �nan?el 'abo e,. with full poworan l -authority �h rebyic onfe eii i s jname, place aid stead o execu e�ac owledge and d6Ity rl any and ,alllblondst recognizance's, undw takings j ur other instruments or contracts Wf-40rety"sshtp to` include riders,.... amcndments,l and conslents. of surety, proviUing-the -INY penalty does not exceed ***""ThreeMillion***** Dollars IS **3,000;000.00** ). This Power of Attorney shall expire without further action on March 18, 2015.1This Power of Attorney is granted under and by authority of the following resolutions adopted by the. Boards of Directors of the Companies: —17e+( Rcsohwi/_rhat the ('.resident, any Vice-Pin+dent; any Asslslaht V+cicsi President, any Sec+ctary_r z Ass+stantSecreary shall be and is hereby vcsteUfRrfidl'- 1 1 i I'pl l 1 4'f4 t,l f A h ( S } -poxer and author to appoint any one or m (Istivablie pt5l��ls xis ttoiniv(s)-in-Firer to represenrxnd act forand art behalof the Company sl' b�eci ib [hcfptwtm��g F%i pP�Yrslnns - II I�' I I' II'I< lP n -� - - - - `.,E�� "•'V_ f k ��� tiJ I� _ i i —1 =,7••uta rico m-f•ucr may bc,given full power an runhority for and ri the name of and on beh if of t- mp�ny, to execute, xeknowlcdge and deliver, sny end all bonds, recognizances, coonacts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction.. contracts,and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the. Company as if signed by the President and scaled and effected by the Cor niate_Sccietary 1 ,r -s that he i nm IAC as n d Y 1-4111 4He1t�Xetofued, drat the signature of authoerzcd oflrcer and seal afitbc�Gompany heretofore d�ih re�fter aft edl�ko': nyl po4ver of attorney m any_Rer i fume rslbung�, t r bit - 14 I�i a u I d thG ctb by tacimde pmd anyzponu' ofattorncgar ccrilt3caleGcaung {AcSrmrlt signature or facsni�rll•, �Sealbsball be vahtl'Wnd'bindrng upon the Canlpanyi I' d bgdjo undertaking to which, it is attacheiF- T IitV aI IIIt.'I'rJI, rrlleti r,, 1,, Ifl i115;V — IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 3rd day of October, 2011. ANTI UNPPI COMPANY TEXAS U.S. S P F CIA7_:F-k "N P. i =2, LIP . iA c State of California �.—' f 7� L,'r, ��,,Is, y,! <� �I003 I n Gount,ofLosAngeles SS Iplllllill { �jfi p'�'lllltl'x - € i a - I� ' I�I I� 'I f11l IIIA %J11,41 1� 1��5 �OrLthrs3 day of -October, 2011,. before me, TJeborah-RFese, a notary public, per77s1onal y appeare Daniel. P. Aguilar,!%i Presrdentof American Contractors Indemnity Company, Texas Bonding. Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the ss)he entry upon behalf of which tt�e pelreotl(s)lOidi�adyted, executed the instrument __ r J ertrfy VkffPMN.¢�TY OF PERNRi in er"nthe�laws of'�he State of Calr OMLIT-11t, =tl3 or$ LI paragraph ishue and torr ci i 1�1-T1�BSS my hand and official sea]. , Signature W26AnL. (Seal) Secretary of Attorney, executed by said -Companies, which is still int set.. out in the. Powt of Attorney are in full force and effect. In Witness u7re cef�- '.'have hereunto.set my hand and affi� 1 2012tr x 'Irl lllil7l slkl,�i I Corporate-:Seals:'9,111"1 1— Ml r9.J L Bond Nti: y10603(F 314 � _Agency NoF� , x0007 citify that the A: force and effect;. the seals of sa ging is a'li"ueand cot the resolutions of the re o 1'awter' City of Newport Beach BULKHEAD AND SEAWALL REPAIRS Contract No. 4897 BOND NO. 1000907314 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Surfside Restoration and Waterproofing, Inc., hereinafter designated as the "Principal," a contract for construction of BULKHEAD AND SEAWALL REPAIRS; Contract No. 4897 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. 4897 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, U. S. Specialty Insurance Company duly authorized to transact business under the laws of the State of Califomia, as Surety, (referred to herein as "Surety) are held finny bound unto the City of Newport Beach, in the sum of One Hundred Forty -One Thousand Three Hundred and 00/100 Dollars ($141,300.00) 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, fall to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 33 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et, seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 28th day of March 2012, Surfside Restoration and Waterproofing, Inc. (Principal) U. S. Specialty Insurance Company Name of Surety 625 The City Drive South, Suite 130 Orange, CA 92868 Address of Surety 714-740-7000 Telephone \L :&�� n N- uthorized Signature/Title 4 N Authorized Agent Signature Paul S. Dito, Attorney -in -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 34 ACKNOWLEDGMENT .......................•.....................•............ a. a........... v...., State of California County of r- SS. & On M(�Z. �Dl%i before me, 4/ L� � 5 �� O ` Notary Puhlir nercnnally nnnaarPd proved to me on the basis of satisfactory evidence to be the person(' whose name(sj is/are subscribed to the within instrument and acknowledged to me that he/shefthep executed the same in his/heF;4heir authorized capacity(ies), and that by his/he#Hll* signatures(&) -on the instrument the person,(aj or the entity upon behalf of which the person(O 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. Signatureik;:2 (seal) ..............................................•............................... OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known with Paper Identification Paper Identification _Credible Witness(es) Capacity of Signer: _ Trustee _ Power of Attorney _ CEO/CFO/COO _ President I Vice -President I Secretary I Treasurer Other: Other Information: 35 Thumbprint of Signer n Check here if no thumbprint or fingerprint is available. MARCUS DINH t7COMM a ... 1965735 NOTARY PUBt1CtMFORNIAm ORANGE COUNTY til My Tema Ecp. Jen. 6, 2016 j (seal) ..............................................•............................... OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language Type of Satisfactory Evidence: _ Personally Known with Paper Identification Paper Identification _Credible Witness(es) Capacity of Signer: _ Trustee _ Power of Attorney _ CEO/CFO/COO _ President I Vice -President I Secretary I Treasurer Other: Other Information: 35 Thumbprint of Signer n Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT ..................................................................... 0........I State of California County of ss. On before me, Public, personally appeared Notary proved to me on the basis of satisfactory evidence to be thepersons) hose name(s) is/are subscribed to the within instrument and acknowledged to me that h he/they executed the same in his/her/their authorized capacity(ies), and that by his/her/ eir signatures(s) on the Instrument the person(s), or the entity upon behalf of which the on(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws gf'the State of California that the foregoing paragraph is true and correct. / WITNESS my hand and official seal. Signature (seal) .................................. A. ..... ........ ............................. r Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Type of Satisfactory Evidence: Personally Known with l Paper Identification Credible Witnesses Identification INFORMATION Capacity of Signer. / Trustee _ Power of Attorney _ CEO/CFO/COO President I Vice -President I Secretary I Treasurer Other. Other 36 Thumbprint of Signer ❑ Check here it no thumbprint or fingerprint is available. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On MARCH 28TH. 2012 before me, Chris Theveny, Notary Public bale Here freed Naas and Tm 011Na olfim personally appeared �- CHRIS THEVENY !-' Commisslon # 17.7,07 ,? d { Notary Public - California £ Orange County My Comm. Expires May 2, 2012 Place Notary Seel A Paul S. Dito who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare 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. /) /7 WITNESS my 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: Bend No. 1000907314 Document Dale: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual Paul S. Dito ❑ Corporate Officer — Tttle(s): _ ❑ Partner — ❑ Limited ❑ General 70 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: u. S. Specialty assurance Company Number of Pages: Signer's Nat ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER 02007 NagmW Notary Association • 9350 De Soto Ave.. PO. a 24D2 • Chat%vodh, CA 91313.2402,w NaWnalNM yry g Vera #5907 Reorder: CeIITWI-Fr" 1-800-816.8627 3��j 'telj � -tea nvr,C Irl fy i;di i�r t6 rt j' I �� wl �iill iii Ili w 5Ji�il lrl �s .�—� - POWER OF ATT02\EY ANIERICAN CONTR,%CTORS L\DENINITV COMPANY TERAS BONDIrNGCONIPANY UNrfED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY _QVJLSI I�;N.BY THESE PRESENTS That Arnencan Contractors-nde,ttntlffompat>L: _a California corp tont L exa V 1 =` Bottdmgz__o_mpatty -utiassumed name?if fvricncan ContrSctors IndemmtAT--0* y,`TfA SIa7e�c. Surety Compan j at ty"land,E coipoTauoi=and't3.S. Specially Insurance_Gompany;�a Texas corporation (costively; theCompanies'), do by thespr-esen s make, constitute and appoint: Paul S. Ditty Paula LaSalle, Denise Lopez, Chris Theveny, Khoi Tran, Freddy Anvari, Carmina Johansson, or Mancela Lares of Orange, California f tis [mc1and`lawful Attomey(s)-in-fact,-oaelt 7n;thetr sepaza capacity if more-ytharr one Is n me`, aboyey with full pow i andmufho f '(hie Eby confertred m its -name, place and steadiKtto egUtU--adAnowledge and `delmgl any an,dlallatbon'ds; recognizan"e undertakings — �or-other instruments ur contracts of surt;t}+ship to Include rulers,. amendments; sand eon'sents of surety, provtdtngttfiie bond penalty does not exceed *****Three Million***** Dullars (S **3,000,000:00** ), This Power of Attorney shall expire without rather action on March 18, 2015. This Power of Attorney is granted under and by authority of the following resolutions adopted by theBoardsof Directors of the Companies: BL-tt_R, Rc.w�7�at di I esidenl; any Vice Piesident; is Y,AsiiStit�h� Vici.=PresiJctil, any Seci etaty=or Ass Sca ry shall be and is hc�eby sued IFl>fu II �A , prrwxr attd•mihoncScto-appmnt any, one or more sunable�persons as A{%meyi<s)-in-Fact to reps escnt and act forandtun behalGbf the Company subject to die following ]l - = r rt W,' im � { y 7 prowvsmns-f,< Li i_ -S1 1 LW1 arnev-ln-Fuer may be given full power and amhonry for and in the name ofand on behalf of claw ompany., to execute,. acknowledge and deliver, any end all bonds, recognizances, contracts. agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documentscanceling or terminating the Company's liability thereunder, and any such instnunents- so executed by any such Anorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corpioawe Seaeutry; _ r, M 1! -'y - ! Bea�Rerotv_e`d that the signature o(any authorfisdvf5,=tet en��i scn'Lv�C�ntpaary hererofnre,oher�friei affixed tu.an�pbater ofanomeyur aril—'c�ruFeate �nne ff" �theaeto b'y ap atmile and Any, power of atiorner�or w�tlSoni �eanugrla�`e—., torte signamrc or facsimile seal shall be valid+and funding upon the l.ompaoy wRffr6 ectaa pny bondor V odens 0 111 to which it is ansell ed = = ryjt ,i �'+-. rFrry '' y — IN WITNESS W1-1EREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 3'd day of October, 2011. AMER], UNITI IN:nlfani3 su'l.n.191 State of CaliforniaTIJAI �� • ! r °w, `+r vim- •5� `r S,CountyloYL Angus S5: t�jjg - f i as i -On itiis�3 8 day of October, 2011, before m -, Deb—fiIReese, a notary public, p re sonally appeared Daniel P. Aguilar, W Prtnldei of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the Instrument the �perscm(s) ar tthe wanly upon behalf of which the peerson(s)? cued, executed the mslrument ti.'1ay�F�l— ("113L -r{ I certify undr'ENA[TY OF PERJURYi under the' -'laws, of�[he State of Carfornia_thaPtfie fregoing oparagraph isti'nte and -correct. t„r VJITESS my hand and official seal. cWanutn s 1WA40 B Signature IteV05--r— (Seal) Imr.narra-ewrwm L. Mirhr cunt, + a Cnnm. Eaoaea 1111110.201 /fit {. �IPs,�:ni0�%�"1 6�^� ( �I Jeltmlr Lte,�Asststanf Secretary o Amenean Coinff5 AIndenvtity Cq•�p�nyCL1'te�is ondfing�Company United Stas Su. retry -L ICA Company andrUSS: Specialty Insurance Company; do -herby certify that the aboy;e andrforegomg-is a rue and correc�iy,o Power - of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Wi(nemW,her,,6fA1 have hereunto set my hand and affixed the seals of said Companies akLos Angeles, California this 28{yTHr .day )r Qf 'A ry�t earl1I.� f iL jI -1 t\tf A _ 3QL2 / (( r _ { i - c X.t?4ACT04t�C tej s' g��" t_i HDINGe,�SP-f�C!•9t`` �^ i t� t 3 1, [ t� / 7 t �� a- �.,J ���1 � or 'T- �-.,,._..y ! � ti-/�: Corpora?e Sealsi a'<�°t"� {astn. 28,1910 Bond No. 1 V0nqD7411�JEannie Lee, sistant Secretary e Tf�iai = �c CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL BULKHEAD AND SEAWALL REPAIRS CONTRACT NO. 4897 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. 4897 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 Mobilization Dollars and -0/t. Cents $ 'EZ,00n Per Lump Sum 2'. Lump Sum Traffic Control Dollars and ���•� Cents $ Z.000'- Per Lump Sum 3. Lump Sum Best Management Practices @ —Dollars and Cents $ 700�r Per Lump Sum PR2of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9 5. Is] INA 250 L.F 60 S.F 3,200 L.F. Lump Sum Lump Sum 9. Lump Sum Crack Repair Dollars arid Cents $ 1 %_ u,-� $ Y,5 00 . o o Per Linear Foot Spall Repair @� �uvtinJ i Dollars and Cents $S.00 $ /,i;_0 0 �f Per Square Foot Joint Repair @: 71$��_k�5 Dollars and Cents Per Linear Foot Groin Wall Repair @�,c�t�.c��Cloongr{1 Dollars and Cents Per Lump Sum Final Redline As -Built Plans Dollars and Cents Per Lump Sum Remove USA Markings and Restore Pavement Dollars and Cents Per Lump Sum $ \_006 - o ITEM - QUANTITY ITEM DESCRIPTION AND UNIT UNIT PR3of3 TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE TOTAL PRICE IN WRITTEN WORDS and o 7 J Cents al 1-2 Date Bidder's Telephone and Fax Numbers Bidder's License No(s). and Classification(s) lars $ \I -A\ � fyi.).1711 Total Price (Figures) 'Bidder's Address Signature and Title Bidder's email address: •S�,v ��v3 a`(c 2� r�N . ti�� Last saved by tsanderur0l/09/2012 10:52 AM i:\users\pbw\sharedlcontractsUy 11-121c-4897 -bulkhead repairslproposal c-4897.doc 1 1 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS BULKHEAD AND SEAWALL REPAIRS CONTRACT NO. 4897 INTRODUCTION PART 1 ---GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing SECTION 5 UTILITIES 5-1 LOCATION 5-2 PROTECTION 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 1 1 1 1 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 4 6-9 LIQUIDATED DAMAGES 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 4 7-8 PROJECT SITE MAINTENANCE 5 7-8.5 Temporary Light, Power and Water 5 7-8.6 Water Pollution Control 5 7-8.6.1 Best Management Practices and Monitoring Program 5 7-10 PUBLIC CONVENIENCE AND SAFETY 5 7-10.1 Traffic and Access 5 7-10.2 Storage of Equipment and Materials in Public Streets 6 7-10.3 Street Closures, Detours, Barricades 6 7-10.4 Public Safety 7 7-10.4.1 Safety Orders 7 7-10.5 "No Parking" Signs 7 7-10.7 Notice to Residents and Temp Parking Permits 7 7-15 CONTRACTOR LICENSES 8 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS 8 SECTION 9 MEASUREMENT AND PAYMENT 8 9-3 PAYMENT 8 9-3.1 General 8 9-3.2 Partial and Final Payment 10 PART 2 ---CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 10 201-1 PORTLAND CEMENT CONCRETE 10 201-1.1.2 Concrete Specified by Class 10 201-2 REINFORCEMENT FOR CONCRETE 10 201-2.2.1 Reinforcing Steel 10 SECTION 215 CONCRETE REPAIR MATERIALS 10 215-1 GENERAL 10 PART 3 ---CONSTRUCTION METHODS SECTION 313 CONCRETE REPAIR METHODS 11 313-1 GENERAL 11 SP 1 OF 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS VIE 0644" 6 /BULKHEAD AND SEAWALL REPAIRS CONTRACT NO. 4897 INTRODUCTION All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. H -5201-S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; and (4) Standard Specifications for Public Works Construction (2009 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714-517-0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2 ---SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of (1) distributing construction notices to affected businesses and residents; (2) repairing existing expansion joints, cracks, and spalls; (3) replacing deteriorated joint material with new joint material; (4) replacing concrete cap on sand groin; (5) other incidental items to be completed within the work areas as required by the Plans and Specifications." 2-9 SURVEY 2-9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SP2OF12 SECTION 3 ---CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. SECTION 4 ---CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SP3OF12 SECTION 5 ---UTILITIES 5-1 LOCATION. Add the following after the 3rd paragraph: "upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 5-2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the Work and is not re -useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." SECTION 6 ---PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6-7, shall commence on the date of the 'Notice to Proceed.' No work shall begin until a "Notice to Proceed" has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6-7 TIME OF COMPLETION 6-7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within 40 working days after the date on the Notice to Proceed. Working days are defined as days with a daytime low tide of MLLW 0.0 or lower. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6-7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1" (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 4th, SP4OF12 the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24� (Christmas Eve), December 25th (Christmas), and December 31s'(NewYear's Eve). If January 1st, July 4th, November 11th, December 24th, December 25th or December 31st falls on a Sunday, the following Monda� is a holiday. If January 1st July 4cn November 11th December 24th December 25t or December 31st falls on a Saturday, the Friday before is a holiday." 6-7.4 Working Hours. Normal working hours are limited to 7:30 a.m. to 5:00 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 5:00 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $123.00 per hour when such time periods are approved. 6-9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6-7-1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $250.00 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $250.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 ---RESPONSIBILITIES OF THE CONTRACTOR 7-8 PROJECT SITE MAINTENANCE 7-8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use City water, he shall arrange for a meter and tender an $813 meter deposit SP5OF12 with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7-8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at www.newportbeachca.gov/i)ublicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. 7-8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the 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. SP 6 OF 12 Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7-10.3)." 7-10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7-10.3 Street Closures, Detours and Barricades. Add to this section: The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. All advanced warning sign installations shall be reflectorized and/or lighted. 3. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternativetrash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners." 4. Sidewalk closures in nonresidential areas, oras determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure and SIDEWALK CLOSED USE OTHER SIDE signs on barricades at the closest crosswalk or controlled intersection. 5. Sidewalk closures in residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure SP7OF12 6. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs mounted on barricades in order on the approach and at the closure. 7-10.4 Safety 7-10.4-1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7-10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty-eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12 -inches wide and 18 -inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7-10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty-eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will 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. SP 8 OF 12 The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 7-15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a "A" or "C-61 (1306)" License. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a Business License issued by the City of Newport Beach. 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As -Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved plans that have been made with approval from the Engineer of Record or City Inspector shall be documented on the "As -Built' drawings. The "As -Built' plans shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 ---MEASUREMENT AND PAYMENT 9-3 PAYMENT 9-3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work, including restoring all existing improvements, to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include providing bonds, insurance and financing, establishing a field office, preparing the BMP Plan and construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications, post signs and all costs incurred notifying residents, preparing SP 9 OF 12 traffic control plans, and providing the traffic control required by the project including, but not limited to signs, cones, barricades, etc. 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 Best Management Practices: Provisions should be set in place for collecting and disposing of fallen construction debris and to protect public and private properties to include, but not limited to, private and public docks, underground and above ground utilities, boats, landscaping, and protection of the waterway. Also included in this item protection of eelgrass and replacement if damaged by the work Item No. 4 Crack Repair: Work under this item shall include the cost of all labor, equipment, removal and disposal of materials, and materials to perform the work per Contract Plans using specified Sika Corporation products. No substitutes will be allowed. The costs of incidental grout repairs of private utility seawall penetrations, if any, shall be included as a part of the unit bid price for this Item. Item No. 5 Spall Repair: Work under this item shall include the cost of all labor, equipment, removal and disposal of materials, and materials to perform the work per Contract Plans using specified Sika Corporation products. No substitution will be allowed. The costs of incidental grout repairs of private utility seawall penetrations, de - rusting rebars, installing new rebar when existing rebars have disappeared or their cross-sectional diameter has been reduced to less than one half of the original size shall be included as a part of the unit bid price for this Item. Item No. 6 Joint Repair: Work under this item shall include the cost of all labor, equipment, removal and disposal of materials, and materials to perform the work per Contract Plans using specified Sika Corporation and Nitoseal products. No substitution will be allowed. The costs of incidental grout repairs of private utility seawall penetrations, if any, shall be included as a part of the unit bid price for this Item. Item No. 7 Groin Wall Repair: Work under this item shall include the cost of all labor, equipment, removal and disposal of materials, and materials to perform the work per Contract Plans. Item No. 8 Provide As -Built Drawings: Work under this item shall include all actions necessary to provide as -built drawings. The plans must be kept up to date and submitted to the engineer for review prior to monthly pay requests. Item No. 9 Remove All USA Markings and Restore Pavement Surfaces: Work under this item shall include removing all USA markings within the work area and cleaning all pavement and sidewalk surfaces to pre -construction condition. No sandblasting is allowed. SP 10 OF 12 work under eompletedi contact shall be inspected for water tightness during 'a jor day time hig_ h tide of_ at least 6 9 feet before the engineer will accept the, W&k.l final release of retention shall be made at the end of the one-year warranty iod. This final retention release shall be no less than 50 percent of the entire 9-3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 --- CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE 201-1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560-C-3250." 201-2 REINFORCEMENT FOR CONCRETE 201-2.2.1 Reinforcing Steel. Add to this section: ""Reinforcing steel shall be epoxy coated, Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." SECTION 215 ---CONCRETE REPAIR MATERIALS 215-1 GENERAL All cracks, spalls, and joint repairs shall be Sika Corporation and be utilized per the product specifications and manufacturer's instructions. The Sika products approved for use on this project are as follows: Sikagard 62 Sikadur 31 Sikadur 33 Sikadur 35 Sikadur 52 Sikagrout 212 Sikaflex-1 a Sikaflex 2c NS Sikatop 123 Plus Sikatop 111 Plus SP 11 OF 12 Sikament 100SC Sikadur 32 Hi -Mod Sika Armatec 110 PART 3 CONSTRUCTION METHODS SECTION 313 --- CONCRETE REPAIR METHODS 313-1 GENERAL. Add to this section, "The Bulkhead repair material shall be prepared and installed per the manufactures specifications, included but not limited to the following requirements: Crack Repair: 1. Cracks less than ''/2" shall have all dirt, oil grease and other bond inhibiting material removed by mechanical means. Construction surfaces shall be sufficiently roughed up prior to applying repair material. Setting port device over cracks, place Sikadur 31/33 over cracks and around each injection port at minimum of 1" wide by''/4° thick. Allow sufficient time for epoxy resin adhesive cap seal to set before injecting. Once the cap is seal has cured, inject Sikadur 35/52 with steady pressure. 2. Cracks greater than '/2" shall have all dirt, oil grease and other bond inhibiting material removed by mechanical means. Construction surfaces shall be sufficiently roughed up prior to applying repair material. Place grout in forms in normal to avoid air entrapment. Sikagrout 212 must be confined in either the horizontal or vertical direction leaving minimum exposed surface. After grout has achieved final set remove forms. Sikaflex-1A or Sikaflex-2C NS shall be used as sealant. Sealant depth should range from %" to 1/2" per Sika Corporation specifications. Spall Repair: 1. Moderate spalls shall have a minimum depth of 1/8" to maximum depth of 1- 1/2". Repair areas must be clean, sound and free of contaminants, loose and deteriorated concrete shall be removed by mechanical means. Construction surfaces shall be sufficiently roughed up prior to applying repair material. Apply scrub coat to the substrate, filling all pores and voids. While scrub coat is still wet apply Sika 123 Plus. For applications greater than 1" in depth add 3/8" coarse aggregate. 2. Severe spalls shall have a minimum depth of 1-1/2". Repair areas must be clean, sound, and free of contaminants, loose and deteriorated concrete shall SP 12 OF 12 be removed by mechanical means. Construction surfaces shall be sufficiently roughed up prior to applying repair material. Apply scrub coat to the substrate, filling all pores and voids while scrub coat is still wet apply Sikatop 111 Plus. Add 3/8" coarse aggregate. If repair area is too large to fill while scrub coat is still wet, use Sika Armatec 110 Epocem in lieu of the scrub coat. Joint Repair: 1. Sealant repair shall be used where the existing sealant is cracked, split or missing. The old sealant shall be removed and the backing material between the joint surfaces shall be replaced as necessary. Construction surfaces shall be sufficiently roughed up prior to applying repair material. The new sealant shall be polyurethane based weather resistant sealant designed to water tight against a hydrostatic head pressure and flexible over the life of the bulkhead such as Sikagard 62 and Sikaflex-2C NS. 2. In the Balboa Yacht Basin, the joints between bulkhead panels that have cracked or missing sealant shall have any remaining sealant and cover mortar removed and the joint cleaned and prepped. The joint shall then be sealed with Nitoseal 220 or approved equal waterproof elastomeric joint sealer. lAUsers\PBMShared\Contracts\FY 11-12\C-4897 -Bulkhead Repairs\SPECS C-4897.doc CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. " Date Received: 3-28-12 Dept./Contact Received From: Shari Date Completed: 4-03-12 Sent to: Shari By: Joel Company/Person required to have certificate: Surfside Restoration Type of contract: All Other GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 11-21-11/11-21-12 A. INSURANCE COMPANY: Hanover Insurance Company B. AM BEST RATING (A- : VII or greater): A: XIV C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? INSURANCE COMPANY: Stats Farm E. ADDITIONAL INSURED ENDORSEMENT—please attach N Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must B. include): Is it included? (completed Operations status does not apply to Waste Haulers or Recreation) N Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND ADMITTED COMPANY (Must be California Admitted): COMPLETED OPERATIONS ENDORSEMENT (completed Operations status does not apply to Waste Haulers) N Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it ❑ No included? N Yes ❑ No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? N Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured 1,000,000 is not limited solely by their negligence) Does endorsement E include "solely by negligence" wording? ❑ Yes ® No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): N N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No 11. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 4-25-12/10-25-12 A. INSURANCE COMPANY: Stats Farm B. AM BEST RATING (A-: VII or greater) A++: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): N N/A [--]Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes N No H. NOTICE OF CANCELLATION: ❑ N/A N Yes ❑ No WORKERS'COMPENSATION EFFECTIVE/EXPIRATION DATE: 1-01-12/1-01-13 A. INSURANCE COMPANY: State Fund B. AM BEST RATING (A-: VII or greater): Not Rated C. ADMITTED Company (Must be California Admitted): ❑ Yes ❑ No D. WORKERS' COMPENSATION LIMIT: Statutory ❑ Yes ❑ No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: ® N/A ❑ Yes ❑ No H. NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV. PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK ® N/A ❑ Yes ❑ No 0 N/A ❑ Yes ❑ No ® N/A ❑ Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? ® Yes ❑ No IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: Agent of Alliant Insurance Services Broker of record for the City of Newport Beach April 4, 2012 Date RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _ Self Insured Retention or Deductible greater than $ 1 ❑ N/A ❑ Yes ❑ No Reason for Risk Management approval/exception/waiver: Approved: Risk Management * Subject to the terms of the contract. Date A � ICERTIFICATE OF LIABILITY INSURANCE DATE 9/2012 0311912012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate held., is an ADDITIONAL INSURED, the pollcy(tes) must be Endorsed.. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Phone: (619)5924440 Fac (619)5921449 CONTACT NAME: Annette Paul BUSINESS & CONTRACTORS INSURANCE SERVICES, INC. SUI EAST MAIN ST SUITE 203 EL CAJON CA 92020 PxONE FAX Ne. Ezl: " No: AEACVLDDRE annette@bcisinc.net PRODUCIO PROTOMER 6140 CUSTOMERex INSURERIS) AFFORDING COVERAGE NAIC9 Agency Hoc. OF82058 INSURED JOHNELDER INSURERA , Hanover Insurance Company INSURER DBA SURFSIDE RESTORATION 8 WATERPROOFING, INC INSURER[ P.O. BOX 352 INSUREa D: HUNTINGTON BEACH CA 92648 INSURERE INSURER F B ADV INJURY S 1,000,000 COVERAGES CERTIFICATE NUMBER: 15754 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, LTR INSR. MD MMmO MM/DD,YYYT LIMITS INSR TYPE OF INSURANCE ADDL SUIT POLICY NUMBER POLICY EFF POUCY EXPMAGGREGATE A GENERAL LIABILITY Y AUTHORIZED REPRESENTATIVE IG01200017300. 11@1/11 11/21/12 URRENCE S 1,000,000 X COMMERCIAL GENERAL LIABILITY (CLAIMS -MADE I7OCCUR ENTED $0,000 ec=,enm 5 EXP One person) $ 5,000 B ADV INJURY S 1,000,000 GGREGATE $ 2,000,000 GEN -L AGGREGATE LIMIT APPLIES PER: -COMP/OP AGG S 2,000,000 X I POLICY— PRO -LOC $ AUTOMOBILE LIAeILRY COMBINED SINGLE LIMIT S (Ea acdtlent) ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) S SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS (Per accident) S NOROWNED AUTOS Is B OMDRELLA UAB OCCUR EACH OCCURRENCE $ AGGREGATE 5 EXCESS LAU CLAIMS -MADE DEDUCTIBLE s Is RETENTION 5 WORKERS COMPENSATION AND EMPLOYERS LIABILITYTORT ANY PROPRIETOWPARTNEEXECUTNT-IN RIE w A µ OTM 6 LIAms EL. EACH ACCIDENT $ OMCERIMEMSER EXCLUDED] � luaneau„y le Nxl NIA E.L.DISEASE -EA EMPLOYEE S u les eesmoe wan ON OF OPATIONS eeIw DESCRIPTION ER E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 161, Additional Remarks Schedule, if more space is required) Cancellation: 10 days for non payment, 30 days all other The City of Newport Beach has been named as Additional Insured per written contract. RE: Bulkhead and Seawall Repairs Contract # 4897. ' Endorsement Is attached. CERTIFICATE HOLDER CANCELLATION City of Newport Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 3300 Newport Blvd. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Newport Beach, CA. 92663 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Attention: J'Y!!t� Annette ACORD 25 (2009109) U 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: IG012000173-00 Effective Date: 11/21/2011 TMGL 176 10/11 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS - (PRIMARY APARTMENT INCLUSION) This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE: Name of Additional Insured Person(s)Or Organization(s). Location and Description of Completed Operations: As required by written contract. No coverage is provided underthis endorsement for single and multifamily dwelling units, exceptfor apartments. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and including in the "products -completed operations hazard.". If required by written contract or agreement, such insurance as is afforded by this policy shall be primary insurance, and any insurance or self insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the Named Insured and shall not contribute to it. ALL OTHER TERMS CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. TMGL 176 10111 POLICY NUMBER: IG012000173-00 Effective Date: 11/21/2011 ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU (PRIMARY & NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II - Who is An Insured is amended to include as an insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded these additional insureds, the following additional exclusion apply: This insurance does not apply to: 1. "Bodily injury", "property damage", "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury", "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, onthe project(other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; or c. "Property Damage" which manifests after expiration of the Policy. If required by written contract or agreement, such insurance a is afforded by this policy shall be primary insurance, and any insurance or self insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the Named Insured and shall not contribute to it. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. TMGL 172 1011 Page 1 of 1 POLICY NUMBER: IG0120001.73-00 COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 L101 ton I =1 WS11631111 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: All clients of the insured where required by written contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. Page 1 of 1 CERTHOLDER COPY SG P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 04-03-2012 CITY OF NEWPORT BEACH SG ATTN: BUILDING DEPARTMENT 3300 NEWPORT BLVD NEWPORT BEACH CA 92663-3816 GROUP: 000713 POLICY NUMBER: 0023944-2011 - CERTIFICATE ID: 43 CERTIFICATE EXPIRES: 01-01-2013 01-01-2012/01-01-2013 THIS CERTIFICATE SUPERSEDES AND CORRECTS CERTIFICATE # 42 DATED 03-21-2012 JOB:CONTRACT NO. 4897 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms exclusions, and conditions, of such policy. "NI71o+ L Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE ENDORSEMENT #1600 - ELDER, CHRISTINE R SECRETARY TREASURER - EXCLUDED. ENDORSEMENT #1600 - ELDER, JOHN PRESIDENT - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01-01-2009 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2012-04-03 IS _ ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH EMPLOYER SURFSIDE RESTORATION & WATERPRFING, INC DBA: SURFSIDE RESTORATION & WATER PO BOX 352 HUNTINGTON BEACH CA 92648 IVRI,CNI PRINTED : 04-03-2012 (REV.8-2010) POLICYHOLDER COPY SG P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 04-03-2012 CITY OF NEWPORT BEACH SG ATTN: BUILDING DEPARTMENT 3300 NEWPORT BLVD NEWPORT BEACH CA 92663-3816 GROUP: 000713 POLICY NUMBER: 0023944-2011 CERTIFICATE ID: 43 CERTIFICATE EXPIRES: 01-01-2013 01-01-2012/01-01-2013 THIS CERTIFICATE SUPERSEDES AND CORRECTS CERTIFICATE X 42 DATED 03-21-2012 JOB:CONTRACT NO. 4897 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy isnot subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms exclusions, and conditions, of such policy. tAW r- 1-6 l ' `NN1aa .th7,,,.dRepresentative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE ENDORSEMENT X1600 - ELDER, CHRISTINE R SECRETARY TREASURER - EXCLUDED. ENDORSEMENT #1600 - ELDER, JOHN PRESIDENT - EXCLUDED. ENDORSEMENT X2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01-01-2009 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT X2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2012-04-03 IS _ ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH EMPLOYER SURFSIDE RESTORATION & WATERPRFING, INC DBA: SURFSIDE RESTORATION & WATER PO BOX 352 HUNTINGTON BEACH CA 92648 IVRI,CNI PRINTED : 04-03-2012 (REV.8-2010) WAIVER OF SUBROGATION NOTICE Enclosed is your copy of a certificate of insurance on which the certificate holder required a waiver of subrogation: 1. Please be advised that a waiver of subrogation requires that a 3% surcharge will be applied by State Fund ONLY to the premium assessed on the payroll of your employees earned while engaged in work for that certificate holder who requested the waiver. (Note: if you have no employee payroll on that job, then there is no charge.) 2. To apply the 3% surcharge, you must also agree to maintain accurately segregated payroll records for employees engaged in work on job/s for the certificate holder who has the waiver. The payroll records are subject to verification by an auditor. Example: Payroll for job: Sample Rate Regular Premium equals: Surcharge: Additional Waiver charge Total premium equals $5,000.00 13.30°% $ 665.00 3.00% --- $ 19.95 $ 684.95 (665.00 + 19.95) �� ®® CERTIFICATE OF LIABILITY INSURANCE DATE ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER STATE FARM INSURANCE c°NMepcT PAUL BULL INSURANCE AGENCY PHONE 928-763-5557 nAc No,. 928-763-5516 PAUL BULL AGENCY 1711 HWY 95 BULLHEAD CITY, AZ 86442 O E -MA ADDILRESS: @ pgUL.BULL.ODL9 STATEFARM.COM INSURERS AFFORDING COVERAGE NAIL# INSURER A: State Farm Mutual Automobile Insurance Company 25178 INSURED ECDER�ORN-&-CRRTSTIN EC 737 LAKE ST HUNTINGTON BCH, CA 92648 INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: EACH OCCURRENCE 5 COVERAGES CERTIFICATE NUMBER: 151 3689-D25-03 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. /NSR ADDL SUER POLICYEFF CYEYYY RINSR TYPE OF INSURANCE Moll POLICY NUMBER HPOLIMITS GENERAL LIABILITY❑❑ EACH OCCURRENCE 5 COMMERCIAL GENERAL LIABILITY DAMAGE I PREMISES Ea adde S CLAMS -MADE F -I OCCUR MED EXP (Any oneperson) Is PERSONAL S ADV INJURY 5 GENERAL AGGREGATE $ GENLAGGREGATE UMR APPLIES PER: PRODUCTS - COMPIOP AGO 5 PRO- POLICY LOC S LIABILITY ❑❑ COMBINED LE LIMIT S 1000000 ANY AUTO BODILY INJURY (Per person) S HAUTOMOBILE ALL OWNED SCHEDULED AUTOS AUTOS 1513689-1325-03 04125/2012 BODILY INJURY (Peraoodent) S 10125/2012 NON -OWNED PROPERtt DAMAGE HIREDAUTOS AUTOS 151 3689-D25-03 10/25/2011 0412512012 Peracdtlent 5 2006 Dodg 5 UMBRELLA UAB wOCCUR ❑❑ EACH OCCURRENCE Is EXCESS LIAR I I CLAIMS -MADE AGGREGATE 5 DEC) I I RETENTIONS S WORHERS COMPENSATION WC STATU- OTH- ANDEMPLOYERS'UABIUTY y1N ANY PROPRIETORMARTNEWEXECUTIVE E.L. EACH ACCIDENT S OFFICEIMEMBER EXCLUDEDT NIA ❑ (Mandatory in NH) E.L. DISEASE - EA EMPLOYE S (ryes, descnbe under DFSCRIPTIOMOFOPE�E.L. DISEASE-PoLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, It more space is required) CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BLVD NEWPORT BEACH, CA 92663 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1986-2010 ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 1001486 132849.7 03-01-2012 CITY OF iul[ _ = NEWPORT BEACH a City Council Staff Report Agenda Item No. 7 <ico PN March 13, 2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949-644-3311, sbadum@newportbeachca.gov PREPARED BY: Tom Sandefur, P.E. APPROVED: - C --y A TITLE: Bulkhead and Seawall Repairs -- Award of Contract No. 4897 ABSTRACT: Staff received favorable construction bids for the "Bulkhead and Seawall Repairs' Project and is requesting City Council's approval to award the work to Surfside Restoration and Waterproofing, Inc. RECOMMENDATIONS: Approve the project drawings and specifications; 2. Award Contract No 4897 to Surfside Restoration and Waterproofing, Inc., (Surfside) for the total bid price of $141,300.00 and authorize the Mayor and City Clerk to execute the contract; and 3. Establish a contingency of $35,200.00 (approximately 25 percent) to cover the cost of unforeseen work and pay for additional crack repair. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for this project. It will be expensed to the Tide and Submerged Lands account, 7231-C4402007. Vendor Purpose Amount Surfside Restoration Construction Contract $ 141,300.00 Surfside Restoration Construction Contingency 35,200.00 Total $ 176,500.00 Bulkhead and Seawall Repairs -- Award of Contract No. 4897 March 13, 2012 Page 2 DISCUSSION: At 9:00 a.m. on February 16, 2012, the City Clerk received sealed bids for the Bulkhead and Seawall Repairs project. Bids packets were then opened and read aloud with a final tabulation as follows: No. BIDDER Low Surfside Restoration 2 Howard Ridley Co., Inc. TOTAL BID AMOUNT $141,300.00 $211,450.00 The total low bid amount is 54% percent below the Engineers Estimate of $305,000.00. The lower price is the result of a continued favorable construction environment. As a result of these favorable bid prices received, staff recommends establishing the contingency at 25% of the bid price so as to provide additional funds for staff and the contractor to address a backlog of bulkhead and seawall repairs while staying within the 25% cap for change orders established by the APWA Standard Specifications. The work necessary for the completion of this contract consists of: ® Repairing existing expansion joints, cracks, & spalls in the Newport Island area. a Replacing deteriorated joint material with new joint material in the Balboa Yacht Basin and other City Bulkhead/Seawall structures. ® Repairing a concrete cap on an existing sand groin along the Little Balboa Island South Bay Front. • Other incidental items to be completed within the work areas as required by the Plans and Specifications. The low bidder, Surfside Restoration, possesses a California State Contractors License Classification of "C-27' as required by the project specifications. A check of Surfside's references indicated satisfactory completion of similar projects in the past for the City and other agencies. Pursuant to the contract specifications, Surfside will have 40 working days to complete the work. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act (`CEQA) pursuant to Section 15301(d) (maintenance activities activities with negligible expansion) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. Bulkhead and Seawall Repairs -- Award of Contract No. 4897 March 13, 2012 Page 3 NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: Attachments: A. Location Maps I LOCATION MAP BULKHEAD AND SEAWALL REPAIRS CONTRACT NO.4897 BALBOA YACHT BASIN LOCATION MAP BULKHEAD AND SEAWALL REPAIRS CONTRACT NO.4897 NEWPORT ISLAND P 0 �/q D 9 r � PSL 3 CITY HALL REPAIR LOCATION O RIVO ALTO BULKHEAD CRACK REPAIR LOCATION MAP BULKHEAD AND SEAWALL REPAIRS CONTRACT NO.4897 9� RU O PAF 8A-_V�Z TBff wl M 3 ®1 e.uaa nit J Q z Q U O PNX 1Xf � PROJECT LOCATION CRYSTAL AVE SAND GROIN r Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA 92663 until 9:00 AM on the 16th day of February, 2012, at which time such bids shall be opened and read for Title ofProject Contract No. 4897 $305,000.00 Engineer's Estimate Prospective bidders may obtain Bid Documents, Project Specifications and Drawings by contacting Mouse Graphics at (949) 548-5571 Located at 659 W. 19t" Street, Costa Mesa, CA 92627 Contractor License Classification(s) required for this project. A" or "C-61" For further information, call Tom Sandefur, Proiect Manager at (949) 644-3312 BID INFORMATION IS AVAILABLE ON THE CITY WEBSITE: http://www.NewportBeachCA,qov CLICK: Online Services l Bidding & Bid Results NOTICE INVITING BIDS ........................ - ......... ............................... - ....... ............ Cover INSTRUCTIONS TO BIDDERS ................. ......................... ................ ....... 3 BIDDER'S BOND . .................. ........ ...... I ......... I ....... - ....... I ..... __ ....... 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.....................................................15 ACKNOWLEDGEMENT OF ADDENDA.. ....... ........ __17 INFORMATION REQUIRED OF BIDDER ... __ ............ ........ ...... ....... 18 NOTICE TO SUCCESSFUL BIDDER ...... ...... ............ ...... ......... 21 CONTRACT... ____ ....... ....... ......... ...... __ ..... ............. _ ........ ......... ...... ...... _22 RAT0,101 V &TWIllimollif PROPOSAL............ ....... ............... ........ .............. ........ ...... .......... ...................... PR -1 SPECIAL PROVISIONS . ....... __ ..... ........ .............. _ .......................... .... SP -1 2 Contract No. 4897 JuRVICA • •:•• 1. The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON -COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid° shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 3 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. Contractor's License No. & Classification Bidder AuTorized Signature/ritle Date M City of Newport Beach Bond No. 1000907263-01 i.A a A I a ,. 9MIMIN Contract No, 4897 f�Ma- i7.t�7 We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severalty held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of not to exceed sixteen thousand five hundred and 001100 Dollars (s X00.00 ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BULKHEAD AND SEAWALL REPAIRS, Contract No. 4897 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 (lie Principal faits to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 14th dad Surfside Restoration & Waterproofing, Inc. Name of Contractor (Principal) U. S. Specialty Insurance Company Name of Surety 625 The City Drive'South, Suite 130 Or,,C,A 92868 - Address of Surety 714-740-7000 Telephone Paul S. Dito, Attorney -in -Fact Print Name and Title �^ (Notary acknowledgment of Principal & Surety must be attached) STATE OF CALIFORNIA COUNTY OF ORANGE } S.S. On i before me, 6GV- G and for said County and State, /perg�sonally appeared, - 61 561r— �e-�tCep-r . a Notary Public in who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isiare 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 instrurnent 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 Signature: rr it �,tY1�ZiIr � • < M Y (Notary Seal) 012tional Though the information below is not required by las, it may prove valuable to persons relying on the document and couldhrevent fraudulent removal and reattachment of tdus form to another document. Description of Attached Document Title or Type of Document: ( Document Date: Date: Signer(s) Other Than Named Number of Pages: State of California l County of Orange 1} On FEBRUARY 14, 2012 before me, Chris Theveny, Notary Public Date Here Insert Name and Ttle OW Officer personally appeared Paul S. Dito Namv(sj oiof Signers) CHRIS T14EVCNY COmmisslon # 1747107 Nbtar Public • California '.y C n"le County MyCa zv'n. E;. fes 22 072 Place Notary Seal A e 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 par raph is true and correct. WITNESS my Signature e • � Though the information below is not required by taw, it may prove valuable to persons retying on the document and could prevenf fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of :.,. NO -1 ,00090�e Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ individual Dito Signer's Nar ❑ Individual Corporate Officer—Title(s): — Cl Partner — ❑ Limited ❑ General 191 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other— Staniar ther:— Staniar is Representing: U. S. Specialty nsiiurance -Company — Number of Pages: B Corporate Officer — Title(s): _ El Partner — ❑ Limited ❑ General ❑ Attorney in Fact thumb here ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing:_ _ RIGHTTHUMBPRiNT OF SIGNER 0 02007Nationai Ntuary Association-SM3 Da Solo Aw,ROB.2§o2.Chatsowth.CA 9i3t3-2942•xvm NationaiNoiaryorg item#5W7 Reorder:Caitioft-noel-80"7sciiv DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one-half of one percent of the Contractor's total bid.. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. (Use additional sheets if needed.) Subcontractor's Information Bid Item Description of Work % of Number Total Bid Name: Address: ` Phone: State License Number: Name: Address: Phone: State License Number: Name: Address: Phone: State License Number: r �idder 18Mh6rized Signature/Title 8 U s City of Newport Beach TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!II Please print or type. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. I Project Name/Number Project Description Approximate Construction Dates: From. _&' i L-> To: � o // Agency Name Contact Person -Telephone ftqJ) Cac/'er/ 33c/0 Original Contract Amount $21QL�4_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. 133 9 No. 2 Project Name/Number Project Description Approximate Construction Dates: From i __To: /1 hO Agency Name Contact Person s(2,1 5 t., Telephone (7 9 q Original Contract Amount $ tX Final Contract Amount $ IUA ,cx.av If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 Project Name/Number Project Description Approximate Construction Dates: From J Qf To: Agency Name Contact Person k � Y Telephone (31�) f alai 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. Mo No. 4 Project Name/Number Project Description Approximate Construction Dates: From Q -on, To: C'-) Agency Name Contact Person tJ &kti :. NfL Telephone (si5) 9i�j Original Contract Amount $ kFinal 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 To: Agency Name Contact Person Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 11 No. 6 Project Name/Number Project Description Approximate Construction Dates: From 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. idder 12 uthorized 5c nature/Title Contract No. 4897 NON -COLLUSION AFFIDAVIT State of California } ) ss. County of ) being first duly swgF9 deposes and says that he or she is the party making the foregoing bid; that he bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fax 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, partners,ip, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. II declareunderpenalty of perjury of the laws of th St of California that the foregoing is true and correct. Bidder A orized Signatureffitle Subscribed and swom to (or affirmed) before me on this 7�$day of , 2012 Qj .�J by h6l L C� a 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 Stat f C lifornia t the foregoing paragraph is true and correct. [SEAL] 13 My Commission Expires: _ tw" t CALIFORNIA JURAT STATE OF CALIFORNIA} COUNTY OF ORANGE} S.S. Subscribed and sworn to (or affirmed) day of _ By ZJ� h to before me on this 20 proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature: (Notary Public) O tip onal Though the information below is not required by law, it may prove valuable to persons relying on the document and could preventfraudule nt removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document: Document Date: /1 C Number of Pages: Signer(s) Other Than Named Above: City of Newport Beach DESIGNATION OF SURETIES Bidders Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): _ 14 City of Newport Beach Contract No. 4897 CONTRACTOR'S. •- TO ACCOMPANY ;i* l Bidders Name Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Current Record Record Record Record Record Year of for for for for for Record 2011 2010 2009 2008 2007 Total 2012 No. of contracts Total dollar Amount of Contracts (in Thousands of $ 1 l` l � C `\2F ( eta rC \ �JiC (-G 1�_ 6GO No. of fatalities No. of Post Workday Cases C:> No. of lost workday cases involving permanent transfer to another job or termination of em loyment > The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 15 Legal Business Name of Bidders 3-� t Business Address: � 7— Business Tel, No.: State Contractor's License No, and Classification: c--, Title The above information was compiled from he records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title rhz. r,t4 iC L -- Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County.. 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 if fewer than all of the partners/joint ventures submit 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 signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. 16 STATE OF CALIFORNIA } COUNTY OF ORANGE )S.S. On "a 7�, d 2 before me, and for said County and. State, personally appeared, a Notary Public in who proved to me on the basis of satisfactory evidence to be the person(s) whose name(S)SWe subscribed to the within instrument and acknowledged to me that h sh they executed the same in biteri heir authorized capacity(ies), and that by hi the eir 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. u �, a (Notary Sea]) Optional Though the information below is not required by law, it rn v prove valuable to persons refiring on the document and could prevent fraudulent removal and reattachment of this, form to another docutnent. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: City of Newport Beach Contract No. 4897 h r en l • ys 0; Bidders name The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: 7 17 City of Newport Beach BULKHEAD AND SEAWALL REPAIRS Contract No. 4897 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:` —V4-2,—"�,- Business Address: 2' Telephone and Fax Number: --2v'j --2-7(-7�r> California State Contractor's License No. and Class: k�Jek� (REQUIRED AT TIME OF AWARD) Original Date Issued: Expiration Date: 2-c.> I -A List the name and titlelposition of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Corporation organized under the laws of the State of iu. The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner/agency? If so, explain. M Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / W Are any claims or actions unresolved or outstanding? Yes /lo 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. <~7 Bi d"er (Print name of Owner or President of C rporation/Company) Auto ized Signaturefritle Title 1 -1 - Date On before me, 3 ' 8x� _ Notary Public, personally appeared h,nL L:t f who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is r subscribed to the within instrument and acknowledged to that he/sh y xecuted the same in his/her/their authorized capacity(ies), and that by his ei signature{s the instrument the person(s), or the entity upon behalf of which the persons) acts ,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 an idai s o dry Public in and for said State My Commission Expires: _2c3 t ME City of Newport Beach 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 Ratino 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 Contract No. 4897 [di1�t�7cL+3ii THIS CONTRACT FOR PUBLIC WORKS entered into this _ day of , 2012, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter City("City") and Surfside Restoration and Waterproofing, Inc., a California corporation ("Contractor"), is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: The work necessary for the completion of this contract consists of (1) distributing construction notices to affected businesses and residents; (2) repairing existing expansion joints, cracks, and spalls; (3) replacing deteriorated joint material with new joint material; (4) replacing concrete cap on sand groin; (5) other incidental items to be completed within the work areas as required by the Plans and Specifications. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non -Collusion Affidavit, Notice to Successful Bidders, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 4897, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Contract, and all modifications and amendments thereto (collectively the "Contract Documents"). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORD Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City, which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 22 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of One Hundred Forty -One Thousand Three Hundred and 001100 Dollars ($141,300.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Contract and Contract Documents, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Tort Claims Act (Government Code 900 et seq.). E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Attention: Tom Sandefur (949)644-3312 • An-_ _s - Surfside Restoration & Waterproofing, Inc. P.O. Box 352 Huntington Beach, CA 92648 714-374-7600 714-374-7601 Fax INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of work Contractor shall obtain, provide and maintain at its own expense during the term of this Contract, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. Coverage and Limit Requirements. a. Workers' Compensation. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and employer's liability insurance with limits of at least one million dollars ($1,000,000) each type for Contractor's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' 23 Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the required certificate of insurance, a copy of such waiver of subrogation endorsement. b. General Liabilitv. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) General Aggregate and two million dollars ($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. C. Automobile Liability. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Contract, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. d. Builders Risk. For Contracts with Construction/Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special form causes of loss with limits equal to one hundred percent (100°/x) of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. 2. Other Insurance Provisions. a. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this contract. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bond documentation. City reserves the right to require complete, certified copies of all required insurance policies, at any time. on b. General liability insurance provisions. liability policies are to contain, or be provisions: Primary and excess or umbrella endorsed to contain, the following i. City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. ii. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to the City. Any insurance or self-insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage except for builder's risk insurance. The builder's risk policy will contain or be endorsed to contain a provision providing for 30 days written notice to City of cancellation or nonrenewal, except for nonpayment for which ten (10) days notice is required. e. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. if contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with the contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. 25 Timely Notice of Claims. Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this Contract. g. Waiver. All insurance coverage maintained or procured pursuant to this Contract shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors. h. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. City s Remedies. City shall have the right to order the Contractor to stop Work under this Contract and/or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. k. Coverage not Limited. All insurance coverage and limits provided by contractor and available or applicable to this Contract are intended to apply to the full extent of the policies. Nothing contained in this Contract or any other Contract relating to the city or its operations limits the application of such insurance coverage. Coverage Renewal, Contractor will renew the coverage required here annually as long as Contractor continues to provide any services under this or any other contract or Contract with the City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Contract have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 26 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. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Contract, any work performed or services provided under this Contract including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 4. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 5. The rights and obligations set forth in this Article shall survive the termination of this Contract. H. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to 27 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. 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 dates written below. APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY Date: v Aaron arp City Attorney ATTEST: rm� ffm W CITY OF NEWPORT BEACH A California Municipal Corporation and City and Charter C' Date: 111 -� Mayor SURFSIDE RESTORATION & WATERPROOFING, INC. California Corporation By: C orate Officer) Title: President Print Name: John Elder Date: By: SujC' (Financial Officer) Title: Secretary/Treasurer Print Naam,, e: Christine C.Romer Elder Date: b� °� �(f ;7- CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 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. 4897 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization Dollars and Cents $ya 0 r'; Per Lump Sum 2. Lump Sum Traffic Control Dollars and ut.>2 0 a v Cents $ 00 Per Lump Sum 3. Lump Sum Best Management Practices @� w E . SAO n� L, Q Dollars and Cents $ -700 Per Lump Sum PR2of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9 I1 E^ 7 250 L.F 3,200 L.F Lump Sum Lump Sum Crack Repair Dollars and y� Cents $ ._{_ __ $ _Y,5c>o oo Per Linear Foot Spall Repair @ NA_ %v Dollars and Cents $ _15c::)c) $ Per Square Foot Joint Repair and Cents Per Linear Foot Groin Wall Repair @ ;�V e sz "N000 wO Dollars and Cents Per Lump Sum Dollars and Cents Per Lump Sum 9. Lump Sum Remove USA Markings and Restore Pavement @ ' y , -" Dollars and Cents Per Lump Sum $ C;� $ X06 G $ LI -4-000 PR3of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE and ✓ Cents t11 �ti Date Bidder's Telephone and Fax Numbers $ �nc5, Cs P -i Total Price (Figures) Bidder's License No(s). Bidder's Address and Classification(s) Bidder's email address:, Last saved by tsandefur0110912012 10:52 AM isluserslpbwJ sharedicontracts\fy 1 t -121G4897 -bulkhead repatrs\proposat c-4697.doc Signature and Title 1 1 1 1 2 2 2 2 2 2 2 2 3 3 3 3 Ka 3 3 3 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS BULKHEAD AND SEAWALL REPAIRS CONTRACT NO. 4897 INTRODUCTION PART 1 ---GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE 2-9 SURVEYING 2-9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3-3 EXTRA WORK 3-3.2 Payment 3-3,2.3 Markup SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing SECTION 5 UTILITIES 5-1 LOCATION 6-2 PROTECTION 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 1 1 1 1 2 2 2 2 2 2 2 2 3 3 3 3 Ka 3 3 3 4 6-9 LIQUIDATED DAMAGES 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 4 7-8 PROJECT SITE MAINTENANCE 5 7-8.5 Temporary Light, Power and Water 5 7-8,6 Water Pollution Control 5 7-8.6.1 Best Management Practices and Monitoring Program 5 7-10 PUBLIC CONVENIENCE AND SAFETY 5 7-10.1 Traffic and Access 5 7-10.2 Storage of Equipment and Materials in Public Streets 6 7-10.3 Street Closures, Detours, Barricades 6 7-10.4 Public Safety 7 7-10.4.1 Safety Orders 7 7-10.5 "No Parking" Signs 7 7-10.7 Notice to Residents and Temp Parking Permits 7 7-15 CONTRACTOR LICENSES 8 7-16 CONTRACTOR'S RECORDSIAS BUILT DRAWINGS 8 SECTION 9 MEASUREMENT AND PAYMENT 8 9-3 PAYMENT 8 9-3.1 General 8 9-3.2 Partial and Final Payment 10 PART 2 ---CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 10 201-1 PORTLAND CEMENT CONCRETE 10 201-1.1.2 Concrete Specified by Class 10 201-2 REINFORCEMENT FOR CONCRETE 10 201-2.2,1 Reinforcing Steel 10 SECTION 215 CONCRETE REPAIR MATERIALS 10 215-1 GENERAL 10 PART 3 ---CONSTRUCTION METHODS SECTION 313 CONCRETE REPAIR METHODS 11 313-1 GENERAL 11 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS 14gol•_ • SP 1 OF 12 All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Plans (Drawing No. H -5201-S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (2004 Edition), including Supplements; and (4) Standard Specifications for Public Works Construction (2009 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 I GENERAL PROVISIONI SECTION 2 ---SCOPE AND CONTROL OF THE WORK 2-6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of (1) distributing construction notices to affected businesses and residents; (2) repairing existing expansion joints, cracks, and spalls; (3) replacing deteriorated joint material with new joint material; (4) replacing concrete cap on sand groin; (5) other incidental items to be completed within the work areas as required by the Plans and Specifications." 2-9 SURVEY 2-9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and then schedule a meeting with the City Surveyor to walk the project to review the survey monuments. The Contractor shall protect all survey monuments during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall restore the affected survey monuments at his sole expense. The Contractor's Licensed Surveyor shall file the required Record of Survey or Corner Records with the County of Orange upon monument restoration. SP2OE12 SECTION 3 ---CHANGES IN WORK 3-3.2 Payment 3-3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............................................ 15 2) Materials ....................................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 4-1.3 Inspection Requirements 4-1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 -hours minimum) notice of the Contractor's readiness for inspection. Submittals are required for all construction material. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed the work, such tests and inspections shall be paid for by the Contractor. SP 3 OF 12 SECTION 5 ---UTILITIES 5-1 LOCATION. Add the following after the P paragraph: "upon completion of the work or phase of work, the Contractor shall remove all USA utility markings." 5-2 PROTECTION. Add the following: "in the event that an existing pull or meter box or cover is damaged by the Work and is not re -useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6-7, shall commence on the date of the 'Notice to Proceed.' No work shall begin until a "Notice to Proceed" has been issued, a pre -construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or GPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until Contractor has exerted extra effort to meet the original schedule and has demonstrated that the ability to maintain the approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from the overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6-7.1 General. Add to this section. "The Contractor shall complete all work under the Contract within 40 working days after the date on the Notice to Proceed. Working days are defined as days with a daytime low tide of MLLW 0.0 or lower. The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6-7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 18t (New Year's Day), the third Monday in January (Martin Luther King Day), the third m Monday in February (President's Day), the last Monday in May (Memorial Day), July 4 SP 4 OF 12 the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th (Christmas Eve), December 25th (Christmas), and December 31St (New Year's Eve), If January 1st, July 4th, November 11th, December 24th, December 25th or December 31st falls on a Sunday, the following Monday is a holiday. If January 1St July 4th, November 11th December 24th December 25t or December 31st falls on a Saturday, the Friday before is a holiday." 6-7.4 Working Hours. Normal working hours are limited to 7:30 a.m. to 5:00 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 5:00 p.m. to 6:30 p.m. on weekdays or 8:00 a.m. to 6 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $123.00 per hour when such time periods are approved. 6-9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6-7-1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $250.00 Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $250.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." 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 w _ r ��=�iRJ=C9 with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter.,, Water used during construction shall be paid for by the Contractor. This includes water for flushing and pressure testing water lines, compaction, irrigation during maintenance period for landscaping, etc." 7-8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. The Contractor shall also comply with the Construction Runoff Guidance Manual which is available for review at the Public Works Department or can be found on the City's website at www.newportbeachca.gov/publicworks and clicking on permits, then selecting the link Construction Runoff Guidance Manual. 7-8.6.1 Best Management Practices and Monitoring Program. The Contractor shall submit a Best Management Practice (BMP) plan for containing any wastewater or storm water runoff from the project site including, but not limited to the following: a. No placement of construction materials where they could enter storm drain system, which includes gutters that lead to catch basins. b. Checking construction vehicles for leaking fluids. c. Providing a controlled area for cleaning or rinse -down activities. d. Monitoring construction activities. e. Minimizing usage of water when saw -cutting and vacuum the residue. f. Providing measures to capture or vacuum -up water contaminated with construction debris. g. Removing any construction related debris on a daily basis. h. Protecting work areas from erosion. The BMP will be approved by the Engineer prior to any work. The City of Newport Beach will monitor the adjacent storm drains and streets for compliance. Failure of the Contractor to follow BMP will result in immediate cleanup by City and back -charging the 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. 7-10.1 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. SP6OF12 Pedestrian access to all storefronts, offices, residences, etc., within the limits of work must be maintained at all times. The Contractor shall cooperate with the Engineer to provide advance notice to any and all establishments whose access will be impacted by construction operations, particularly sidewalk construction. The Contractor shall furnish and install signage, barricades, delineators, yellow safety ribbon, and any other measures deemed necessary by the Engineer to safely direct the public around areas of construction, and into (and out of) the affected establishments. Such measures shall be shown on the Detailed Traffic Control Plans (see Section 7-10.3)." 7-10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. The Contractor shall obtain the Engineer's approval of a site for storage of equipment and materials prior to arranging for or delivering equipment and materials to the site. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre -construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7-10.3 Street Closures, Detours and Barricades. Add to this section: The Contractor shall provide traffic control and access in accordance with Section 7-10 of the Standard Specifications and the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), Latest Edition. Traffic control and detours shall incorporate the following items: 1. Emergency vehicle access shall be maintained at all times. 2. All advanced warning sign installations shall be reflectorized and/or lighted. 3. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection day, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the City's Refuse Superintendent, at (949) 718- 3468 and all affected property owners." 4. Sidewalk closures in nonresidential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure and SIDEWALK CLOSED USE OTHER SIDE signs on barricades at the closest crosswalk or controlled intersection. 5. Sidewalk closures in residential areas, or as determined by the City, shall be set with barricades and SIDEWALK CLOSED signs on barricades at the closure SP 7 OF 12 6. Bike lane closures shall have BIKE LANE CLOSED AHEAD, BIKE LANE CLOSED, and SHARE THE ROAD/BICYCLE WARNING (combination) signs mounted on barricades in order on the approach and at the closure. 7-10.4 Safety 7-10.4-1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7-10.5 "No Parking" Signs. The Contractor shall install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty-eight hours in advance of the need for enforcement. The signs will be provided at no cost to the Contractor. However, the City reserves the right to charge $1.50 per sign following any excessive abuse or wastage of the signs by the Contractor. In addition, it shall be the Contractor's responsibility to notify the City's Police Department at (949) 644-3717 for verification of posting at least forty-eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12 -inches wide and 18 -inches high; and (3) be City of Newport Beach "Temporary Tow -Away, No Parking" signs available at the Public Works Department public counter. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7-10.7 Notices to Residents. Ten working days prior to starting work, the Contractor shall deliver a construction notice to residents within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty-eight hours prior to the start of construction, the Contractor shall distribute to the residents a second written notice prepared by the City clearly indicating specific dates in the space provided on the notice when construction operations will start for each block or street, what disruptions may occur, and approximately when construction will 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. SP8OF12 The written notices will be prepared by the City, but shall be completed and distributed by the Contractor. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re -notification using an explanatory letter furnished by the City. 7-16 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a "A" or "C-61 (D06)" License. At the start of work and until completion of work, the Contractor and all Sub -contractors shall possess a Business License issued by the City of Newport Beach. 7-16 CONTRACTOR'S RECORDS/AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As -Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up-to-date and reviewed by the Engineer at the time each progress bill is submitted. Any changes to the approved pians that have been made with approval from the Engineer of Record or City Inspector shall be documented on the "As -Built" drawings. The "As -Built" plans shall be submitted and approved by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. QA peynpEntT 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, establishing a field office, preparing the BMP Plan and construction schedule, and all other related work as required by the Contract Documents. Item No. 2 Traffic Control: Work under this item shall include delivering all required notifications, post signs and all costs incurred notifying residents, preparing traffic control plans, and providing the traffic control required by the project including, but not limited to signs, cones, barricades, etc. 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. S Best Management Practices: Provisions should be set in place for collecting and disposing of fallen construction debris and to protect public and private properties to include, but not limited to, private and public docks, underground and above ground utilities, boats, landscaping, and protection of the waterway. Also included in this item protection of eelgrass and replacement if damaged by the work Item No. 4 Crack Repair: Work under this item shall include the cost of all labor, equipment, removal and disposal of materials, and materials to perform the work per Contract Plans using specified Sika Corporation products. No substitutes will be allowed. The costs of incidental grout repairs of private utility seawall penetrations, if any, shall be included as a part of the unit bid price for this Item. Item No. 5 Spall Repair: Work under this item shall include the cost of all labor, equipment, removal and disposal of materials, and materials to perform the work per Contract Plans using specified Sika Corporation products. No substitution will be allowed. The costs of incidental grout repairs of private utility seawall penetrations, de - rusting rebars, installing new rebar when existing rebars have disappeared or their cross-sectional diameter has been reduced to less than one half of the original size shall be included as a part of the unit bid price for this Item. Item No. 6 Joint Repair: Work under this item shall include the cost of all labor, equipment, removal and disposal of materials, and materials to perform the work per Contract Plans using specified Sika Corporation and Nitoseal products. No substitution will be allowed. The costs of incidental grout repairs of private utility seawall penetrations, if any, shall be included as a part of the unit bid price for this Item. Item No. 7 Groin Wall Repair: Work under this item shall include the cost of all labor, equipment, removal and disposal of materials, and materials to perform the work per Contract Plans. Item No. 8 Provide As -Built Drawings: Work under this item shall include all actions necessary to provide as -built drawings. The plans must be kept up to date and submitted to the engineer for review prior to monthly pay requests. Item No. 9 Remove All USA Markings and Restore Pavement Surfaces: Work under this item shall include removing all USA markings within the work area and cleaning all pavement and sidewalk surfaces to pre -construction condition. No sandblasting is allowed. o- ialYOTM 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." e t $[*W lot NA 9• - _kilo - • _ - F7iTQi i�isl � A,l. l SIM] ��4F�i'#r7�I r4 Cs3i �1 iii 201-1.1.2 Concrete Specified by Class. Add to this section: "Portland Cement concrete for construction shall be Class 560-C-3250." 201-2.2.1 Reinforcing Steel. Add to this section: "° Reinforcing steel shall be epoxy coated, Grade 60 steel conforming to ASTM A 615 with 2 -inch minimum cover unless shown otherwise on the plans." All cracks, spalls, and joint repairs shall be Sika Corporation and be utilized per the product specifications and manufacturer's instructions. The Sika products approved for use on this project are as follows: Sikagard 62 Sikadur 31 Sikadur 33 Sikadur 35 Sikadur 52 Sikagrout 212 Sikaflex-1 a Sikaflex 2c NS Sikatop 123 Plus Sikatop 111 Plus Sikament 100SC Sikadur 32 Hi -Mod Sika Armatec 110 SP 11 OF 12 313-1 GENERAL. Add to this section, "The Bulkhead repair material shall be prepared and installed per the manufactures specifications, included but not limited to the following requirements: Crack Repair: 1. Cracks less than '/z" shall have all dirt, oil grease and other bond inhibiting material removed by mechanical means. Construction surfaces shall be sufficiently roughed up prior to applying repair material. Setting port device over cracks, place Sikadur 31/33 over cracks and around each injection port at minimum of 1" wide by 1/4" thick. Allow sufficient time for epoxy resin adhesive cap seal to set before injecting. Once the cap is seal has cured, inject Sikadur 35/52 with steady pressure. 2. Cracks greater than ''/2" shall have all dirt, oil grease and other bond inhibiting material removed by mechanical means. Construction surfaces shall be sufficiently roughed up prior to applying repair material. Place grout in forms in normal to avoid air entrapment. Sikagrout 212 must be confined in either the horizontal or vertical direction leaving minimum exposed surface. After grout has achieved final set remove forms. Sikaflex-1A or Sikaflex-2C NS shall be used as sealant. Sealant depth should range from '/4" to ''h" per Sika Corporation specifications. 1. Moderate spalls shall have a minimum depth of 1/8" to maximum depth of 1- 1/2". Repair areas must be clean, sound and free of contaminants, loose and deteriorated concrete shall be removed by mechanical means. Construction surfaces shall be sufficiently roughed up prior to applying repair material. Apply scrub coat to the substrate, filling all pores and voids. While scrub coat is still wet apply Sika 123 Plus. For applications greater than 1" in depth add 3/8" coarse aggregate. 2. Severe spalls shall have a minimum depth of 1-1/2". Repair areas must be clean, sound, and free of contaminants, loose and deteriorated concrete shall SP 12 OF 12 be removed by mechanical means. Construction surfaces shall be sufficiently roughed up prior to applying repair material. Apply scrub coat to the substrate, filling all pores and voids while scrub coat is still wet apply Sikatop 111 Plus. Add 3/8" coarse aggregate. If repair area is too large to fill while scrub coat is still wet, use Sika Armatec 110 Epocem in lieu of the scrub coat. Joint Repair: 1. Sealant repair shall be used where the existing sealant is cracked, split or missing. The old sealant shall be removed and the backing material between the joint surfaces shall be replaced as necessary. Construction surfaces shall be sufficiently roughed up prior to applying repair material. The new sealant shall be polyurethane based weather resistant sealant designed to water tight against a hydrostatic head pressure and flexible over the life of the bulkhead such as Sikagard 62 and Sikaflex-2C NS. 2. In the Balboa Yacht Basin, the joints between bulkhead panels that have cracked or missing sealant shall have any remaining sealant and cover mortar removed and the joint cleaned and prepped. The joint shall then be sealed with Nitoseal 220 or approved equal waterproof elastomeric joint sealer. I:\Users\PBiMShared\Contracts\FY 11-12\C-4897 -Bulkhead Repairs\SPECS C-4897.doc CERTIFICATE OF INSURANCE CHECKLIST This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 3-28-12 Dept./Contact Received From: Shari _ Date Completed: 4-03`12 Sent to: Shari, By: Joel _ Company/Person required to have certificate: Surfside Restoration Type of contract: All Other 1. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 11-21-11/11-21-12 _ A. INSURANCE COMPANY: Hanover Insurance Company B. AM BEST RATING (A-: VII or greater): A: XIV INSURANCE COMPANY: State Farm C. ADMITTED Company (Must be California Admitted): B. Is Company admitted in California? 9 Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? C. E. ADDITIONAL INSURED ENDORSEMENT— please attach Yes [-]No F. PRODUCTS AND COMPLETED OPERATIONS (Must Is Company admitted in California? include): Is it included? (completed Operations status does ❑ No D. not apply to Waste Haulers or Recreation) X Yes ❑ No G. ADDITIONAL INSURED FOR PRODUCTS AND UM, $2M min for Waste Haulers): What is limits provided? COMPLETED OPERATIONS ENDORSEMENT (completed E Operations status does not apply to Waste Haulers) 0 Yes ❑ No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City (What is limits provided?) NIA its officers, officials, employees and volunteers): is it F. included? X Yes ❑ No L PRIMARY & NON-CONTRIBUTORY WORDING (Must be Haulers only): included): Is it included? Yes ❑ No J. CAUTION! (Confirm that loss or liability of the named insured HIRED AND NON -OWNED AUTO ONLY: ❑ N/A is not limited solely by their negligence) Does endorsement ® No H. include "solely by negligence" wording? ❑ Yes ® No X. ELECTED SCMAF COVERAGE (RECREATION ONLY): ® N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: ❑ NIA X Yes ❑ No 11. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 4-25-12/10-25-12 A. INSURANCE COMPANY: State Farm B. AM BEST RATING (A- :VII or greater) A++: XV C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Z Yes ❑ No D. LIMITS - if Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 1,000,000 E LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) NIA F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® NIA ❑ Yes ❑ No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A G_I Yes ® No H. NOTICE OF CANCELLATION: 0 N/A X Yes ❑ No 111, WORKERS' COMPENSATION EFFECTIVE/EXPIRATION DATE: 1-01-12/`l-01-13 A. INSURANCE COMPANY: State Fund B. AM BEST RATING (A-: VII or greater): Not Rated C. ADMITTED Company (Must be California Admitted): Yes [] No D. WORKERS' COMPENSATION LIMIT: Statutory El Yes El No E. EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater) 1,000,000 F. WAIVER OF SUBROGATION (To include): Is it included? X Yes El No G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM: Z N/A El Yes El No H. NOTICE OF CANCELLATION: El N/A IM Yes El No ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED IV, PROFESSIONAL LIABILITY V POLLUTION LIABILITY V BUILDERS RISK M N/A El Yes El No X NIA 0 Yes El No X NIA E]Yes El No HAVE ALL ABOVE REQUIREMENTS BEEN MET? X Yes M No IF NO, WHICH ITEMS NEED TO BE COMPLETED? LIM=. Agent of Alliant Insurance Services Broker of record for the City of Newport Beach April 4, 2012 Date RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _; Self Insured Retention or Deductible greater than $_) EJ N/A 0 Yes [J No Reason for Risk Management approvallexceptionlwaiver: Approved: Risk Management Date * Subject to the terms of the contract. p ® ^q^V q, �+g ®®fit p��+ �+p TC C LIABILITY Acd%2'Q� CER I If ICA 1 E ®F"" 4, IABILI I 1 INa7VRANC CERTIFICATE 0ATE (MM✓ODADROD 03/19/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS .CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and Conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such ondorsement s . PRODUCER Phmc; (619)5924440 Fax: (61MS92-0449 BUSINESS & CONTRACTORS INSURANCE SERVICES, INC. 131 EAST MAIN ST SUITE 203 EL CAJUN CA 92020 Agency UOk OF82058 CHOTTLCT Annette Paul PHONE FAX a mA�–'—` uc Nrt E-MVIL s. annette@bcisine.net L0QRESPRODUCER cusTU._ la: 6140 INSURER(S) AFFORDING COVERAGE _ NAICIf INSURED JOHN ELDER INSURER Hanover Insurance Company - DBA SURFSIDE RESTORATION & WATERPROOFING, INC INSURER A P.O. BOX 362 INSURER C . INSURER o... HUNTINGTON BEACH CA 92648 INSURERS '. 11/21/11 INSURERF EACH OCCURRENCE LV YCP'4H5.iLJ 4GRrfF'I4XrC ,YVf9I [IGR. THIS IS TO CER-I�IFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 'TO THE INSURED. NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH .RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, 111E INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS, INORAUDI LTR ACCORDANCE WITH THE POLICY PROVISIONS. TYPE OF INSURANCE SUER PAID POLICY NUMBER �IG01200017300 POLICY tar 1MNOAYYC POLICY Exp 1,PPDR YY� UMS n _ A GENERAL LIABILITY _TICS)) y 11/21/11 11/21/12. EACH OCCURRENCE $ 1,000,000 X COMMERCIALGEIERALLIMItLITY 1 oPaEM SEs E.RSEmuvP $� 60,000 JCUBMS"MADE I vlOCCUR MED GXP (Any one pem'on) $ 6,000 PERSONAL If ADV INJURY $�. 110001000 GENERAL AGGREGATE It 2,000,000 - GEN'L PRODUCTS - COMP/OP AGG 'S 2,000,000 AGGREGATE LIMIT APPLIES PER. X PRO- POLICY AuioMOBILE 4IAeaITY COMBINED SINGLE LIMIT $ {Ee acpdenf} ANY AUTO BODILY INJURY (Per person) S ALL OWNED AUTOS BODILY INJURY {Per acotlent) -'� $ SCHEDULEDAUTOS PROPERTY DAMAGE HIRED AUTOS (Per aaddent) $_ $ NONAWNED ALTOS " UMOREitA GAB OCCUR EACH OCCURRENCE $� EXCESS uqe CLAIMS -MADE — AGGREGATE $ DEDUCTISLF. $ RETENTION $ $ _ STATI}—T OTN —. 7 S AFION WOR%ES' COMPENSATION COMPEN5 AND ASYIN TORYlIMP E.L.EACH ACCIDENT ANY PROPMETORIPARTNEWEXECUTI4E OFFICEFIMEMSER EXCLUDED? El NIA --- B--- .."_ (Mervdatory lrt NIN E L DISEASE -EA EMPLOYEE N yes eambe Ower DESCRIPY tON OE OPERATIONS berow EL DISEASE POLICY LIMIT $ DESCRIPTION OF OPERATIONS ( LOCATIONS I VEHICLES hunch ACORD 101, Additional Remarks Schedule, if more space is required) Cancellation: 10 days for non payment, 30 days all other The City of Newport Beach has been named as Additional Insured per written contract. RE: Bulkhead and Seawall Repairs Contract 1114897. ' Endorsement is attached - City of Newport Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED. IN 3300 Newport Blvd. ACCORDANCE WITH THE POLICY PROVISIONS. .Newport Beach, CA. 92663 AUMORHED PEA4EekNTATIVE Attention: A ette Thu Ar^r)Rn names DOA innn am re.icfarad Policy Number: IG012000173-00 Effective Date: 11/21/2011 TMGL 176 10/11 This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE: Name ofAdditional insured Person(s) Or LocationandDascription ofCompleted Operations: As required bywdtten contract. No coverage is provided underthis endorsementfor single and multifamily dwelling units, exceptfor apartments. i i Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section 11 - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and including in the "products -completed operations hazard". If required by written contract or agreement, such insurance as is afforded by this policy shall be primary insurance, and any insurance or self insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the Named Insured and shall not contribute to it. ALL OTHER TERMS CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED, TMGL 176 10111 POLICY NUMBER; IG012000173-00 Effective Date: 31121/2611 • - • • • • , WITH YOU •' • •• This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section 11 - Who is An Insured is amended to include as an insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded these additional insureds, the following additional exclusion apply: This insurance does not apply to: 1. "Bodily injury", "property damage", "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities, 2. "Bodily injury", "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; or c. "Property Damage" which manifests after expiration of the Policy. If required by written contract or agreement, such insurance a is afforded by this policy shall be primary insurance, and any insurance or self insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the Named Insured and shall not contribute to it. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. TMGL 172 1011 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 24 04 10 98 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: All clients of the insured where required by written contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations anapplicable k)this endnnsenoout,) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO VG Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because ofpayments w/nmake for injury urdamage arising out o[your ongoing operations o,"your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above, Page 1 of 1 CERTHOLDER COPY SO P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 04-03-2012 CITY OF NEWPORT BEACH SG ATTN: BUILDING DEPARTMENT 3300 NEWPORT BLVD NEWPORT BEACH CA 92663-3916 GROUP. 000713 POLICY NUMBER: 0023944-2011 CERTIFICATE ID: 43 CERTIFICATE EXPIRES: 01-01-2013 01-01-2012/01-01-2013 THIS CERTIFICATE SUPERSEDES AND CORRECTS CERTIFICATE # 42 DATED 03-21-2012 dOB:CONTRACT NO. 4997 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms,, exclusions, and conditions, of such policy. t "NYLVes L . Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE, ENDORSEMENT #1600 - ELDER, CHRISTINE R SECRETARY TREASURER - EXCLUDED. ENDORSEMENT #1600 - ELDER, JOHN PRESIDENT - EXCLUDED. .....w.� ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01-01-2009 IS ATTACHED TO AND FORMS A PART OF THIS POLICY, ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2012-04-03 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH EMPLOYER SURFSIDE RESTORATION & WATERPRFING, INC DBA: SURFSIDE RESTORATION & WATER PO BOX 352 HUNTINGTON BEACH CA 92846 [VRt,CNj PRINTED : 04-03-2012 (REV.8-2010) SZi1RI�1.1;Lil�s1;�ZK173'1 SG P.O. BOX 420807, SAN FRANCISCO,CA 84142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 04-03-2012 CITY OF NEWPORT BEACH SG ATTN: BUILDING DEPARTMENT 3300 NEWPORT BLVD NEWPORT BEACH CA 92663-3816 GROUP: 000713 POLICY NUMBER: 0023944-2011 CERTIFICATE ID: 43 CERTIFICATE EXPIRES: 01-01-2013 01-01-2012/01-01-2013 THIS CERTIFICATE SUPERSEDES AND CORRECTS CERTIFICATE # 42 DATED 03-21-2012 JOB:CONTRACT NO. 4897 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein, Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of Insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms,, exclusions, and conditions, of such policy. Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE ENDORSEMENT #1600 - ELDER, CHRISTINE R SECRETARY TREASURER - EXCLUDED. ENDORSEMENT #1600 - ELDER, JOHN PRESIDENT - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01-01-2009 IS ATTACHED TO AND FORMS A PART OF THIS POLICY, ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2012-04-03 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH EMPLOYER SURFSIDE RESTORATION & WATERPRFING, INC OBA: SURFSIDE RESTORATION & WATER PO BOX 352 HUNTINGTON BEACH CA 92648 (VR1,CNj PRINTED : 04-03-2012 (aev.a.2010) Enclosed is your copy of a certificate of insurance on which the certificate holder required a waiver of subrogation: 1. Please be advised that a waiver of subrogation requires that a 3% surcharge will be applied by State Fund ONLY to the premium assessed on the payroll of your employees earned while engaged in work for that certificate holder who requested the waiver. (Note: if you have no employee payroll on that job, then there is no charge.) 2. To apply the 3% surcharge, you must also agree to maintain accurately segregated payroll records for employees engaged in work on jobls for the certificate holder who has the waiver. The payroll records are subject to verification by an auditor. Example: Payroll for job: Sample Rate: Regular Premium equals: Surcharge: Additional Waiver charge: Total premium equals $5,000.00 13.300 $ 665.00 3.00% --- $ 19.95 $ 684.95 (665.00 + 19.95) CERTIFICATE F LIABILITY INSURANCE 1 DATE f 04/003/23/2 01122 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING IN$URER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endomement(s). PRODUCER STATE FARM INSURANCE OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS PAUL BULL AGENCY INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, HWY 95 O9711 4 BULLHEAD CITY, AZ $6442 INSURED ELDER; 3 N& CRRTST)n 737 LAKE ST HUNTINGTON BCH, CA 9264$ COVERAGES CERTIFICATE NUMBER: 151 3689-D25-03 REVISION NUMBER: T INSURED MED ROVE FOR THE POLICY PERIOD THIS i5 TO CERTIFY THAT THE POLICES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED O THE NSU NA A INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN SR LTR TYPE OF INSURANCE I SSSS.._- ....� . POLICY EFF POLICY EXP T POLICY NUMBER MMIDDIYYYY M 1DDIYYYY LIMITS GENERAL LIABILITYI❑ � COMMERCIAL GENERAL LIABILITY 4 EACH OCCURRENCE $ AGES EU ccur PREMISEaoccurtencel $ CLAIMS MADE (. _]OCCUR MEDEXP(Arlp,one person) $ � PERSONAL&ADV INAIRY $ GENERAL AGGREGATE $ _... GEN 'L AGGREGATE LIMIT APPLIES PER. PRODUCTS CONNOR AGO $ _ — - I POLICY PRO- LOC _- $P�rT AUTOMOBILE LIABILITY ❑ COMBINED SINGLE LIMIT (Ea awdgn� g 1000000 ANY AUTO i BODILY INJURY (Pec person)_ ALL OWNED SCHEDULED AUTOS AUTOS ( BODILY INJURY( Per ecodenl)) S 151 3889-D25.03 "25/2012 10/25/2012 - —I 4 HREDAUTOS AUTOS t PR PERTY DAMAGE 1513689.D25-03 11012512011 04+2812012, Per acaden _L$ X 2006 Dpdg $ UMBRELLA LIAO OCCUR EACIIOCCURRENCE 9 EXCESS LIAB CLAIMS-MApE I AGGREGATE $ DEC RETENTION$ ��- WORKERSCOMPENSATION WC STATV- OTH- Y"VT}FFs ER AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNERTXEcuTVE ('-�) OFFICE EXCLUDED? (- NIA _�. __. .�...._ _ E. L. EACH ACCIDENT $ '- (Narcosis, in NH7 If yes, describe unbar EL DISEASE ,EA EMPLOY__E S _ DESCg((?YION OF QPFRATi(14c pelu ,-� L c �.,, ,,.�. EL DISEASE,? DESCRIPTION OF OPERATIONS/LOCAUONS I VEHICLES (Attach ACORD 101, Additional Remarks Sclmdule, if more space Is required) CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BLVD NEWPORT BEACH, CA 92663 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE n ACORD CORPORATION_ All riDhts reserved. ACORD 26 (2010/05) The ACORD name and logo are registered marks of ACORD 1001486 132849.7 03-01-2012 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Stephen G. Badum, Public Works Director 949-644-3311, sbadum@newportbeachca.gov newportbeachca.gov PREPARED BY: Tom Sandefur, P.E. APPROVED: C�- TITLE: Bulkhead and Seawall Repairs -- Award of Contract No. 4897 ABSTRACT: Staff received favorable construction bids for the'Bulkhead and Seawall Repairs' Project and is requesting City Councils approval to award the work to Surfside Restoration and Waterproofing, Inc. RECOMMENDATIONS: 1. Approve the project drawings and specifications; Award Contract No. 4897 to Surfside Restoration and Waterproofing, Inc., (Surfside) for the total bid price of $141,300.00 and authorize the Mayor and City Clerk to execute the contract; and 3. Establish a contingency of $35,200.00 (approximately 25 percent) to cover the cost of unforeseen work and pay for additional crack repair. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for this project. It will be expensed to the Tide and Submerged Lands account, 7231-04402007. Vendor Purpose Amount Surfside Restoration Construction Contract $ 141,300.00 Surfside Restoration Construction Contingency 35,200.00 Total $ 176,600.00 Bulkhead and Seawall Repairs -- Award of Contract No, 4897 March 13, 2012 Page 2 At 9:00 a.m. on February 16, 2012, the City Clerk received sealed bids for the Bulkhead and Seawall Repairs project. Bids packets were then opened and read aloud with a final tabulation as follows: No. BIDDER Low Surfside Restoration 2 Howard Ridley Co., Inc. TOTAL BID AMOUNT $141,300.00 $211,450.00 The total low bid amount is 54% percent below the Engineer's Estimate of $305,000.00. The lower price is the result of a continued favorable construction environment. As a result of these favorable bid prices received, staff recommends establishing the contingency at 25% of the bid price so as to provide additional funds for staff and the contractor to address a backlog of bulkhead and seawall repairs while staying within the 25% cap for change orders established by the APWA Standard Specifications. The work necessary for the completion of this contract consists of: • Repairing existing expansion joints, cracks, & spalls in the Newport Island area. • Replacing deteriorated joint material with new joint material in the Balboa Yacht Basin and other City Bulkhead/Seawall structures. • Repairing a concrete cap on an existing sand groin along the Little Balboa Island South Bay Front. • Other incidental items to be completed within the work areas as required by the Plans and Specifications. The low bidder, Surfside Restoration, possesses a California State Contractors License Classification of "C-27 as required by the project specifications. A check of Surfsidds references indicated satisfactory completion of similar projects in the past for the City and other agencies. Pursuant to the contract specifications, Surfside will have 40 working days to complete the work. Staff recommends the City Council find this project exempt from the California Environmental Quality Act ('CEQAJ pursuant to Section 15301(d) (maintenance activities activities with negligible expansion) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. N Bulkhead and Seawall Repairs -- Award of Contract No. 4897 March 13, 2012 Page 3 NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: Attachments: A. Location Maps ♦ 1 1 Li LOCATION MAP BULKHEAD AND SEAWALL REPAIRS CONTRACT NO.4897 BALBOA YACH i_ BASIN LOCATION MAP BULKHEAD AND SEAWALL REPAIRS CONTRACT NO.4897 NEWPORT ISLAND P s"ws O P� bq LIpO PALO �9 9l sY4 2 CITY HALL REPAIR LOCATION O RIVO ALTO BULKHEAD CRACK REPAIR 0 LOCATION MAP BULKHEAD AND SEAWALL REPAIRS CONTRACT NO.4897 MvE PROJECT LOCATI CRYSTAL AVE SAND GROIN CERTIFICATE OF INSURANCE CHECKLIST This checklist is comprised of requirements as outlined by the City of Newport Beach. * Date Received: 3-28-I2 Dept./Contact Received From: Shari Date Completed: 4-03-12 Sent to:. Shari __ By; Joel Company/Person required to have certificate: Surfside Restoration Type of contract: All Other I. GENERAL LIABILITY EFFECTIVE/EXPIRATION DATE: 11-21-11111-21-12 A. INSURANCE COMPANY: Hanover Insurance Company B. AM BEST RATING (A-: VII or greater): A. XIV _ C. ADMITTED Company (Must be California Admitted): Is Company admitted in California? Yes ❑ No D. LIMITS (Must be $1M or greater): What is limit provided? E. ADDITIONAL INSURED ENDORSEMENT— please attach ® Yes ❑ No F. PRODUCTS AND COMPLETED OPERATIONS (Must (What is limits provided?) include): Is it included? (completed Operations status does F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste not apply to Waste Haulers or Recreation) ® Yes 0 No G. ADDITIONAL INSURED FOR PRODUCTS AND G. HIRED AND NON -OWNED AUTO ONLY: COMPLETED OPERATIONS ENDORSEMENT (completed H- NOTICE OF CANCELLATION: Operations status does not apply to Waste Haulers) ® Yes [I No H. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): is it included? Z Yes [I No I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes CI No J. 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 M No K. ELECTED SCMAF COVERAGE (RECREATION ONLY): M N/A ❑ Yes ❑ No L. NOTICE OF CANCELLATION: 0 N/A ® Yes ❑ No II. AUTOMOBILE LIABILITY EFFECTIVE/EXPIRATION DATE: 4-25-12110-25-12 A. INSURANCE COMPANY: State Farm B. AM BEST RATING (A-: VII or greater) A++: XV _. C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? ® Yes ❑ No D. LIMITS - if Employees (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? 11000800 E. LIMITS Waiver of Auto Insurance / Proof of coverage (if individual) (What is limits provided?) N/A F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste Haulers only): ® N/A ❑ Yes ID No G. HIRED AND NON -OWNED AUTO ONLY: ❑ N/A ❑ Yes ® No H- NOTICE OF CANCELLATION: ❑ N/A ® Yes ❑ No N. N0RKERS'C8MPEN3ATON EFFECT|V2/EKP|RATION DATE: 1-01-12/1-01-13 A� INSURANCE COMPANY: State Fund R. /V*BEST RATING (A+:Vl|orgneo\ed: NotRated___~^_____ C ADW1{TTEDCompany (WYustbaCalifornia 8dmi� Admitted): [l Yes El No D� YV0MKERS`COMPEN8AT|ONLIMIT: Statutory [] Yes []No F. EMPLOYERS' LIABILITY LIMIT (Must ho$1Morgreater) F. WAIVER 0FSUBROGATION (To inn|ude):|niLincluded? NYes FlNo G. SIGNED VV0RRERG'COMPFNS8T|VNEXEMPTION FORM: MNA\ El Yes FlNo H. NOTICE 0FCANCELLATION: FlN/A NYes FlNu ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED {V. PROFESSIONAL LIABILITY V POLLUTION LIABILITY HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes 0 No IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: April 40l2 Agent odA|iarkInsurance Services Date Broker o[record for the City ufNewport Beach RISK MANAGEMENT APPROVAL REQUIRED Non'edmh$*dcarrier rated less than ; Self Insured Retention or Deductible greater than El NIA ID Yes El No Reason for Risk Management Approved: Risk Management Date �— -1 ACK[3 CERTIFICATE OF LIABILITY INSURANCE DAT£ (M#eoD£YYYY} 03!19/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS .CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN .THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the Percy, certain policies may require an endorsement. A statement on this certificate does not Confer rights to the certificate holder in 9eu of such endorsements). PRODUCER Phone: (616)592-1440 FIN: (619)59&-0449 BUSINESS & CONTRACTORS INSURANCE SERVICES, INC. 131 EAST MAIN ST SUITE 203 EL CAJON CA 92020 Agency Lid. OFU058 CONTACT Annette Paul ' NAME ERODE Fax SIG NPEx@ - E-Mnii. ADDRFSs: annette@bcis€nc.net Pe`onurea " cusx.NEED: 6140 INSURERIS) AFFORDING COVERAGE NALCO _ INDUCED JOHN ELDER '.. INSURER Hanover insurance Company DBA SURFSIDE RESTORATION & WATERPROOFING, INC INSURERS P.O. BOX 3552 INSURER C INSURERD HUNT€NGTON BEACH CA 92648 INSIAREftE I INSURERF tevvcsrnf THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH. RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO. ALLTHE TERMS, NOR A66'L $U&R POLICY EFF POLICY EXP LIMIT$• LTR TYPE OF INSURANCE INSR AVD POLICY NUMBER WOOD IWY MAVPD. A GENERAL LIABILITY Y IG01200017300 11/21/11 11/21/12 FAC14OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY OHMAGE TO RENt LO 50,000 ( aRPM SESEzo2v TIAs} __$ _ CLAVMS,WDE 1 X !OCCUR MED EXP(Anyoneperaen) Is — 6,009 PERSONAL& ADV INJURY $ 1,090,000 liEMtNAL AGLiNELiA1G $ L,VVV,vvu GENT AGGREGATE. UMITAPPUES PER: PRODUCTS -COMPtOP AGO $ '2,009,900 X POLICY PRP ...1LOC $ AUTOMOBILE UABLLn9 COMBINED SINGLE LIMIT $ {Ee accidem) ANY AUTO BODILY INJURY(Per peroon) S ALL OWNED AUTOS BODILY INJURY (Per acdtlent) $ SCHEDULED AUTOS PROPERTY DAMAGE ( § HIREDAUTOS {Par acDldant) _ NON -OWNED AUTOS $ I UMBRELLn LIAR OCCUR EACH OCCURRENCE § EXCEss CA. -_CLAIMS MADE ` AGGREGATE § GEDUCTIBLE _ $ RETENTION_ $$ WORKERS COMPENBATI6H — a WCSiATU- AND EMPLOYERS' LUBILRY E.L EACH ACCIDENT TORY LIMITS YIN ANY PROPRIEPORIPARTNERIEXECUfIVE S OFFICERIMEMRER EXGWDED? NIA Mendxtnrym OR EI.. DISEASE -EA EMPLOYEE § fev=s. eesnme�resr _r—, DESLftiPTiONOF UPERAT30N5nelmw E.L. DISEASE -POLICY LIMIT § DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES {Attach ACORD 401, Additional Remarks Schodul%if more space IS required] Cancellation: 10 days for non payment, 30 days all other The City of Newport Beach has been named as. Additional Insured per written contract. RE: Bulkhead and Seawall Repairs Contract # 4697. r. Endorsement is attached. AWKUz5vu 1uv) REl aalava na,vnx.r a.vTcrvrcntivvr. Tru llyrua ,c>c, rcu. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Newport Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3300 Newport Blvd. ACCORDANCE WITH THE POLICY PROVISIONS. Newport Beach, CA. 92663 AOTt1URi2E0 REPRESENTATIVE Attention: AWKUz5vu 1uv) REl aalava na,vnx.r a.vTcrvrcntivvr. Tru llyrua ,c>c, rcu. The ACORD name and logo are registered marks of ACORD Policy Number: IG012000173-00 Effective Date: 11/21/2011 TMGL 176 10/11 This endorsement modifies the insurance provided under the following: Name ofAdditional insured Person(s)Or Location and Description of Completed Operations Or anization s . As required by written contract No coverage is provided underthis endorsement for single and multifamily dwelling units, exceptfor apartments. i Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section It - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whale or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and including in the "products -completed operations hazard.". If required by written contract or agreement, such insurance as is afforded by this policy shall be primary insurance, and any insurance or self insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the Named Insured and shall not contribute to it. ALL OTHER TERMS CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. TMGL 17610/11 POLICY NUMBER: IG012000173-04 Effective Date: 11/21/2611 WITH YOU (PRIMARY & NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II - Who is An Insured is amended to include as an insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded these additional insureds, the following additional exclusion apply; This insurance does not apply to: 1. "Bodily injury", "property damage", "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury", "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project; or c. "Property Damage" which manifests after expiration of the Policy. If required by written contract or agreement, such insurance a is afforded by this policy shall be primary insurance, and any insurance or self insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the Named Insured and shall not contribute to it. ALL. OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. TMGL 172 1011 Page 1 of 1 POLICY NUMBER: IG012000173-00 COMMERCIAL GENERAL LIABILITY CO 24 0410 93 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 61612 a ]X Name of Person or Organization: All clients of the insured where required by written contract. (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. Page 1 of 1 14011=100111109ameo]u7 SG P.O. BOX 420807, SAN FRANCiSCO,CA 84142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE YSSUE DATE: 04-03-2012 CITY OF NEWPORT BEACH SG ATTN: BUILDING DEPARTMENT 3300 NEWPORT BLVD NEWPORT BEACH £A 92663-3816 GROUP: 000713 POLICY NUMBER: 0023944-2011 CERTIFICATE tD: 43 CERTIFICATE EXPIRES: 01-01-2013 01-01-2012/01-01-2013 THIS CERTIFICATE SUPERSEDES AND CORRECTS CERTIFICATE # 42 DATED 03-21-2012 JOB:CONTRACT NO. 4897 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer, We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. S' w/tAcr. G a Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: 81,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - ELDER, CHRISTINE R SECRETARY TREASURER - EXCLUDED. ENDORSEMENT #1600 - ELDER, JOHN PRESIDENT - EXCLUDED. .. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01-01-2009 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2012-04-03 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: "® CITY OF NEWPORT BEACH EMPLOYER SURFSIDE RESTORATION & WATERPRFING, INC OBA: SURFSIDE RESTORATION & WATER PO BOX 362 HUNTINGTON BEACH CA 92648 [VR1,CNj PRINTED : 04-03-2012 IRE V.6-20101 POLICYHOLDER COPY SG CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 04-03-2012 CITY OF NEWPORT BEACH SG ATTN: BUILDING DEPARTMENT 3300 NEWPORT BLVD NEWPORT BEACH CA 92663-3818 CROUP: 000713 POLICY NUMBER: 0023944-2011 CERTIFICATE ID: 43 CERTIFICATE EXPIRES: 01-01-2013 01-01-2012/01-01-2013 THIS CERTIFICATE SUPERSEDES AND CORRECTS CERTIFICATE # 42 DATED 03-21-2012 JOB:CONTRACT NO. 4897 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms,, exclusions, and conditions, of such policy. Authorized Representative President and CEO EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE ENDORSEMENT #1600 - ELDER, CHRISTINE R SECRETARY TREASURER - EXCLUDED. ENDORSEMENT #1600 - ELDER, JOHN PRESIDENT - EXCLUDED. �T ENDORSEMENT #2065 ENTITLED CERTIFICAT€ HOLDERS' NOTICE EFFECTIVE 01-01-2009 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2012-04-03 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH EMPLOYER SURFSIDE RESTORATION & WATERPRFING, INC DBA: SURFSIDE RESTORATION & WATER PO BOX 352 HUNTINGTON BEACH CA 92648 [VR1,CNI PRINTED : 04-03-2012 (REV,9-2010} Enclosed is your copy of a certificate of insurance on which the certificate holder required a waiver of subrogation: 1. Please be advised that a waiver of subrogation requires that a 3% surcharge will be applied by State Fund ONLY to the premium assessed on the payroll of your employees earned while engaged in work for that certificate holder who requested the waiver. (Note: if you have no employee payroll on that job, then there is no charge.) 2. To apply the 3% surcharge, you must also agree to maintain accurately segregated payroll records for employees engaged in work on jobls for the certificate holder who has the waiver. The payroll records are subject to verification by an auditor. Payroll for job: Sample Rate: Regular Premium equals: Surcharge: Additional Waiver charge: Total premium equals $5,000.00 1'3.30% $ 665.00 3.00% $ 19.95 $ 684.95 (665.00 + 19.95)