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HomeMy WebLinkAboutC-2131 - Balboa Island Park improvementsMarch 30, 1981 CITE" OF NEWPORT BEACH Sego Construction Company 18821 Flagstaff Lane Huntington Beach, California 92646 OFFICE OF THE CITY CLERK (714) 640 -2251 Subject: Surety : Fremont Indemnity Company Bonds No. : 051740 Project Balboa Island Park, Building and Site Improvements Contract No. 2131 The City Council on January 26, 1981, accepted the work, of subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after Notice of Cripletion has been filed. Notice of Cc m:letion was filed with the orange County Recorder on.Narc_n 19, 1981 in Book No. 13987, Page 1192. Please notify your s=et_T company that the bonds may be released 35 days after rarding date. S *J F. : 'DER: EN Citv Cle-;c SYl: da cc: P _c t•:orks Denartment CinY Ikt)1 .�.,00 i\ewExrrt Boulevard. \'c•wpxort 13cach. 'alilornia 92663 Please P.eturn to; City of Newport I?Panh 33nn W. *7R-=jort Plvd. Nevrport Beach, CA 92663 :: NOTICF. OF COMPLETION PUBLIC WORKS nit Book 13987 Page 1192 March 19, 1981 I o All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on January 16, 1981 _ the Public Works project consisting of Sal-boa Island Park, Building, and Site limn yeffents 31) on which Secco Construction 0=, was the contractor, and n' was the surety, was completed. I, the undersigned, say: 18821 F'. VERIFICATION PYA- 7 CG!/OF NEWPORT %) BEACH .char -,-i %► %n"/�/�, Pub icl Works Director I am the Public Works Director of the City of Newport Beach; the foregoing Notice of Completion is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on March 16, 1981 at Newport Beach, California. -0;� �g' x-4 --- Publ c Works Director VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Newport Beach; the City Council of said City on Janiary 26, IWil accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare unde penalty of perjury that the foregoing is true and correct, Executed on March 16. 1981 at Newport Beach, California. 2c=, ";J_ *K 13987PS i 1� Please Return to: City of Newport PeAr'h -, i10 Eck S�11i�, 71P- t 33nn w_ rim t n1i7d, i_i E [VI IeT RECORDED IN OFFICIAL RECORDS ldewl;ort Beach, CA 92663 G 8 OF ORANGE COUNTY, CALIFORNIA NOTICE OF COIv:PLE:TION -IOlo AM MAR19'81 PUBLIC WORKS LEE A. BRAUN. County RRCOrdRr 1 o All Laborers and *,Iaterial Men and to Every Oth: -r Person Interest,�d: YOU WILL PLEASE TAKE NOTICE that on January 16, 1981 _ the Public Works project consisting of Balboa Island Park, Building, and Site on which Seaco Construction Com was the contractor, and FreMOTY was the surety, was completed. VERIFICATION I, the undersigned, say: LU CIl OF NEWPORT B�}fFAACH Public Works Director I am the Public Works Director of the City of Newport Beach; the foregoing Notice of Completion is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on March 16, 1.981 at Newport Beach, California. P b it c hbrks Director VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Newport Beach; the City Council of said City on Jan,inry 2r- 1987 accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on March 16, 1981 at Newport Beach, California. v CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640 -2251 March 16, 1981 Lee A. Branch Counter Recorder P. O. Box 238 Santa Ana, California 92702 Attached for recordation is Notice of Completion of Public Works projects consisting of Balboa Island Park, Building, and Site Improvements Contract No. 2131 on which Seeco Construction Comoany was the Contractor and Fr�e-mint Indemnity Coe_ was the surety. Please record and return to us. Aire- V�,_;�i�L'd (' Wanda E. Andersen City Clerk WEA:bf attach. City Hall • 3300 Newport Boulevard, Newport Beach. California 92663 Please Return to: City of Newport peach �O IS�dS1Y 3300 W. merTort nlvd. Newport Beach, CA 92663 NOTICE OF COMPLETION PUBLIC WORKS I o All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on January 16, 1981 the Public Works project consisting of Balboa Island Park, Build'ng on which Seeco construction Can was the contractor, and FF6mOn was the surety, was completed. VERIFICATION I, the undersigned, say: Lane, Huntington Beach, CA 91b4b CITY OF NEWPORT BEACH Public Works Director I am the Public Works Director of the City of Newport Beach; the foregoing Notice of Completion is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on March 16, 1981 at Newport Beach, California. Public Works Director VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Newport Beach; the City Council of said City on 7anunry 26, 1981 accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on March 16, 1981 at Newport Beach, California. City Clerk !g CHIP, TO: CITY COUNCIL FROM: Public Works Department Jaary 26, 1981 CITY COUNCI AGENDA ITEM N0. i (o SUBJECT: BALBOA ISLAND PARK, BUILDING, AND SITE IMPROVEMENTS (CONTRACT 2131) Ji'. ! (: 1`.S' RECO��EW (ONSc 1' 1. Accept the work. 2. Authorize the City Clerk to file a notice of completion, and to release the bonds 35 days after the notice of completion has been filed. 3. Approve an extension of time of 19 calendar days. DISCUSSION: On June 23, 1980, the City Council awarded Contract 2131 to Secco Construction Co. in the amount of $159,900. Work was substantially completed to the satisfaction of the architect, the Parks, Beaches and Recreation Department, and the Public Works Department on January 16, 1981. The project included demolishing a former church building and auxili- ary structure; constructing a 1600 - square -foot community building; half -court basketball court; play area; walks; walls; irrigation system; planting; and widening the alley approach at Agate Avenue. The location is shown on the at- tached sketch. The contract called for completion in 180 calendar days after execu- tion of the contract, which would have been December 28, 1980. The contractor prosecuted the work diligently. It appears that the working period specified was too short. The City was not adversely affected by the delay in completion. The architect was Tom Moon & Associates of Newport Beach. The land- scape architect was Design & Construct, Inc., of Huntington Beach. The project was funded by the Building Excise Tax Fund plus $23,779 from a 1974 State park bond issue. The project cost is as follows: Contract 2131 Approved Change Orders C.O. No. 1 Changes required by plan check: two lighted exit signs, fire extinguisher, panic hardware for double doors, upgrade asphalt shingles. C.O. No. 2 Add thickened edge to playing court slab; add 78 square feet of sidewalk; extend downspout under slab; less credit for Edison riser charge paid by City. $159,900.00 2,421.21 415.25 January 26, 1981 0 Subject: Balboa Island Park, Building, and Site Improvements (Contract 2131) Page 2 C.O. No. 3 Revise side entry for handicapped, move door, widen ramp, install panic hardware. $ 724.00 C.O. No. 4 Materials for revised water, sewer, and elec- tric service. 565.78 C.O. No. 7 Weatherproof front doors, add 2 louvers, frame in conduit in restrooms, widen plumbing wall, install electric meter outside of building. 1,137.00 C.O. No. 8 Install door closers in restroom. 200.00 Reserve for Disputed Change Orders C.O. No. 5 Change block at front to split face two sides; add masonry caps on block walls 1,510.33 C.O. No. 6 Labor for revised water, sewer, electrical services. 2,767.91 Subtotal Contractor $169,641.48 Miscellaneous Costs Imported top soil and sand $ 2,358.50 Grading 3,190.26 Edison Co. riser charge _ 80.00 Subtotal Construction $175,270.24 Professional Fees Architect $ 9,800.00 Landscape architect 2,476.64 Estimator 361.25 Total Project Cost $187,908.13 Significant portions of the extra costs were caused by letting the contract before plan check corrections had been made; by requirements for the handicapped which changed continually; and by unanticipated costs for imported soil which were incurred because dump trucks had to wait in line with the traf- fic waiting for the ferry. Normally a project on Balboa Island would not be commenced until after Labor Day, but because of a possibility of losing the State grant, plus the unknown effect of Proposition 4 of the June 1980 ballot, the work was begun at the height of the summer recreation season. The disputed change orders are for changes in masonry work; and for labor on the utilities services by subcontractors which has not yet been docu- mented. Inasmuch as the work has been completed, it is felt that acceptance should not be delayed pending completion of negotiations on the disputed change ders. The qualit;�z work performed is satisfactory. 0/� Ben.iamin B. Nolan KP:jd 4 0 f' R r (P C) �> rp „z rAfe K zf S� PROPOSED PUILDiN� j ® Si ^v e. Tr Transamerica Insurance Services ADDITIONAL INSURED (OWNERS OR CONTRACTORS) This endorsement, effective 6-27 -80 (32:01 A.M., standard time) Issued to SECCO CONSTRUCTION CO. ET AL 18821 FLAGSTAFF LANE HUNTINGTON BEACH, CA. 92646 Name of Person a Organization (Additional Insured) CITY OF NEWPORT BEACH C/o CITY CLERK 3300 NEWPORT BLVD. NEWPORT BEACH. CA. 92663 Premium Bases Bodily Injury Liability Cost Property Damage Liability Cost It is agreed that: r Transamerica G 1� g f , forms a part of policy No. 1209 90 77 A] J or ed R� s3363e Schedule bb Location of Covered Operations ALL OPERATIONS Rates Advance Premium $100 of cost $ TBD $100 of cost $ TBD Total Advance Premium $ TBD 1. This endorsement modifies such insurance as is afforded by the provisions of the policy relating to Coverage A — Bodily Injury — except .Automobile and Coverage B — Property Damage — except Automobile. 2. The "Persons Insured" provision is amended to include as an insured the person or organization named above (hereinafter called "additional insured"), but only with respect to liability arising out of ill operations performed for the additional insured by the named insured at the location designated above or (2) acts or omissions of the additional insured in connection with his general supervision of such operations. 3. None of the exclusions of the policy, except exclusions tat, obi, (c), tel, (h), lit, and (1), apply to this insurance. 4. Additional Exclusions This insurance does not apply: 'a' to bodily injury or property damage occurring after (11 all work on the project iothei than service, maintenance or repausl to be performed by of on behalf of the additional insured at the site of the covered operations has been completed or (2) that portion of the named insured's 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; (bl to bodily injury or property damage arising out of any act or omission of the additional insured or any of his employees, other than general supervision of work performed for the additional insured by the named insured; (c) to property damage to 11) property owned or occupied by or rented to the additional insured. (2) property used by the additional insured, 13) property in the care, custody or control of the additional insured or as to which the additional insured is Tor any purpose exeres- tng physical control, or (4) work performed for the additional insured by the named insured. (d) to bodily injury or property damage arising out of the operation or use of any snowmobile or trailer designed for use therewith, 5. Additional Definition When used in reference to this insurance, "work" includes materials, parts and equipment furnished in connection therewith. 1- 16- 80/81(A) 7 -11 -80 JW /pdh END. #3 L 1074 f4 's' i/';fP?e`. SciSU NSC'r IN 05 cg)Ixe- t2:3) :?,62-633 0 6 `I;(. - � � ,A CITY OF NEWPORT BEACH Date July 1, 1980 TO: Public Works Department FROM: City Clerk SUBJECT: Contract No. 2131 Project Balboa Island Park imroven-ents Attached is signed copy of subject contract for transmittal to the contractor. Contractor: Seeco Construction conpany Address: 18821 Flagstaff Lane, Huntington Beach, CA 92646 Amount: $ 159900.00 Effective Date: July 1, 1980 Resolution No. 9826 Doris Geo e Att. cc: Finance Department Q riir hall • .i:inn Newivu-r Rnnlet-nrrl ri • CITY CLERK CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT DOCUMENTS FOR CONSTRUCTION OF BALBOA ISLAND PARK, BUILDING AND SITE IMPROVEMENTS Approved by the City Council this 12th day of May, 1980. Iforis George, City Clerk CONTRACT NO. 2131 SUBMITTED BY: SECCO CONSTRUCTION COMPANY Contractor 18821 Flagstaff Lane Address Huntington Beach, CA 92646 City Zip 4) 963 -0201 ne $159,900.00 Total Bid 0 0 Page 1 CITY OF NEWPORT BEACH, CALIFORNIA NOTICE INVITING BIDS SEALED BIDS will be received at the office of the City Clerk, City Hall, Newport Beach, California, until 2:30 P M. (as determined by telephone time signal) on the 4th.__._ day of June.__. 19 80, at which time they will be opened and read, for performing work as follows: CONSTRUCTION OF BALBOA ISLAND PARK,_ -..BUILDING, AND SITE IMPROVEMENTS CONTRACT NO. C-2131 Bids must be submitted on the proposal form attached with the contract documents furnished by the Public Works Department. The additional copy of the proposal form is to be retained by the bidder for his records. Each bid must be accompanied by cash, certified check or Bidder's Bond, made payable to the City of Newport Beach, for an amount equal to at least 10 percent of the amount bid. The title of the project and the words "SEALED BID" shall be clearly marked on the outside of the envelope containing the bid. The contract documents that must be completed, executed, and returned in the sealed bid are: A. Proposal B. Designation of Subcontractors C. Bidder's Bond D. Non - collusion Affidavit E. Statement of Financial Responsibility F. Technical Ability and Experience References These documents shall be affixed with the signature and titles of the persons signing on behalf of the bidder. For corporations, the signatures of the President or Vice President and Secretary or Assistant Secretary are required an t� he Cor orate Seal shall be affixed to all documents requiring signatures. In the case of a ar�hip, the signature of at least one general partner is required. No bids will be accepted from a contractor who has not been licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The contractor shall state his license number and classification in the proposal. One set of plans and contract documents, including special provisions, may be obtained at the Public Works Department, City Hall, Newport Beach, California, at no cost to licensed contractors. It is requested that the plans and contract documents be returned within 2 weeks after the bid opening. (cont.) 0 Page la [he City has adopted the Standard Specifications for Public Works Construction 11976 Edition) as prepared by the Southern California Chapters o the merican u is Works Association and the Associated General Contractors of America. Copies may be obtained from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, (213) 870 -9871. The City has adopted Standard Special Provisions and Standard Drawings. Copies of these are available at the Public Works Department at a cost of $5 per set. A standard "City of Newport Beach Special Endorsement" form has been adopted by the City of Newport Beach. This form is the only endorsement acceptable to the City for liability insurance purposes. The successful low bidder will be required to complete the form upon award of contract. (A sample form is attached for reference.) For any required bonds, the company issuing bid bonds, labor and material bonds, and faithful performance bonds must be an insurance company or surety company licensed by the State of California. In accordance with the provisions of Article 2, Chapter 1, Part 7 of the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascer- tained 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 in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 in- clusive). The contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. The contractor shall post a copy of the prevailing wage rates at the job site. Copies may be obtained from the Public Works Department. The City reserves the right to reject any or all bids and to waive any informality in such bids. Revised 3 -13 -79 Page 2 All bids are to be computed on the basis of the given estimated quantities of work, ndicated in this Proposal, times the unit price as submitted by the bidder. In case di;rrepancy between words and figures, the words shall prevail. In case of an error in the e <tension of a unit price, the corrected extension shall be calculated and the bids W; I be computed as indicated above and compared on the basis of the corrected totals. The estimated quantities of work indicated in this Proposal are approximate only, being given solely as a basis for comparison of bids. The undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any errors or omissions on the part of the under- signed in making up this bid. The undersigned agrees that in case of default in executing the required contract with necessary bonds within ten (10) days, not including Saturday, Sunday and Federal Holidays, after having received notice that the contract is ready for signature, the proceeds of check or bond accompanying this bid shall become the property of the City of Newport Beach. Licensed in accordance with the Statutes of the State of California providing for the registration of Contractors, License No. 177430 Classification B Accompanying this proposal i , certified CheCK, Cashier's CneCK or in an amount not less than 10 percent of the total bid price. The undersigned is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this contract. (714) 963 -0201 PPhione Fu er June 4 1980 ae SECCO CONSTRUCTION COMPANY Bidder's Name (SEAL) S /Bruce Secco ut oArizegnature th94 zed Signature Individual Type of Organization (Individual, Corporation, or Co- Partnership) List below names of President, Secretary, Treasurer and Manager if a corporation, and names of all co- partners if a co- partnership: N/A Page 3 DESIGNATION OF SUBCONTRACTORS The undersigned certifies that he has used the sub -bids of the following listed contractors in making up his bid and that the subcontractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with the applicable provisions of the specifications. No change may be made in these subcontractors except upon the prior approval of the Engineer. Item of Work Subcontractor Address 1. CONTRACTOR HAS STATED THAT ALL WORK WILL BE DONE BY HIS CREWS. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. SECCO CONSTRUCTION COMPANY Bidder's Name S ruce Secco Authorized Signature Individual Type of Organization (Individual, Co- partnership or Corp.) 18821 Flagstaff Lane Huntington Beach, CA 92646 ddress • FOR ORIGINAL SFWITY CLERK'S FILE COPY Page 4 BIDDER'S BOND TO ACCOMPANY PROPOSAL :±J+ 'ELI KN CY THESE PRESENTS, That we, SECCO CONSTRUCTION CO. , as Principal, and FREMONT INDEMNITY COMPANY , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of TEN PERCENT OF THE AMOUNT BID IN -- - - - - -- Dollars ($ 10% of Bid ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden principal for the construction of BALBOA ISLAND PARK, BUILDING, AND SITE IMPROVEMENTS. CONTRACT NO_ C -2131 in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden principal shall duly enter into and execute a contract for such construc- tion and shall execute and deliver the two (2) bonds described in the "Notice Inviting Bids" within ten (10) days (not including Saturday, Sunday and Federal Holidays) from the date of the mailing of a notice to the above bounden principal by and from said City of Newport Beach that said contract is ready for execution, then this obligation shall become null and void; otherwise it be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. 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, we hereunto set our hands and seals this 4th day of June , 19 80 . Corporate Seal (If Corporation) SECCO CONSTRUCTION CO. Principa BY: S Br ce Secco (Attach acknowledgement of Attorney -in- Fact), S /Marguerite S. Butler, Notary Public FREMONT INDEMNITY COMPANY My commission expires April 18, 1984 Surety By S /Allen Jayne Title Attorney -in -Fact 0 0 Page 5 NON- COLLUSION AFFIDAV ?'T Me uidders, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths say, that neither they nor any of them, have in any way, directly or indirectly, entered into any arrangement or agree- ment with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever, or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agree- ment with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the Bylaws, Rules or Regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository; that no inducement or any form or character other than that which appears upon the face of the bid will be suggested, offered, paid, or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract, nor has this bidder any agreement or understanding of any kind whatsoever, with any person whomsoever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. SECCO CONSTRUCTION CO. i ii" Subscribed and sworn to before me this 4th day of June 19 80 . My commission expires: April 18, 1984 S[Marguerite S. Butler Notary Public FOR ORIOAL SEE CITY CLERK'S FILE COPY • Page h STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a statement of his financial responsibility or agree, to submit a statement within 24 hours after t!ie bid opening if he is the apparent low bidder. On file with City Clerk /Bruce Secco Signed Page 7 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. a. b. Seeea 0611al reliant (26-. 18821 FLAGSTAFF LANE / HUNTINGTON BEACH, CA 92646 / (714) 963 -0201 1978 National Bank of Whittier, 6, 000 sq. ft. , (Gin Wong & Associates). Imperial & La Palma Blvd., Anaheim Hills Canyon Village Plaza. 1978 Union Federal Savings & Loan, 4, 000 sq, ft. , Canyon Village Plaza, Anaheim Hills. C. 1978 Towncenter III (Diversifed Shopping Center), Placentia, Kramer, to 1979 and Yorba Linda Blvd., Towncenter III Has three (3) main buildings, a total of twenty -four (24) store, including Delio's Deli, El torito restaurant, beauty shop, jeweler, fabric shop (Wolf & Warp), etc. d. 1979 Gibraltar Savings & Loan (Gin Wong & Associates) Laguna Hills, 10,000 sq. ft. e. 1979 Security Pacific National Bank, Beach & Garfield in Huntington Beach, 5, 700 sq. ft. , in conjuction with another project. A mini shopping center in Westminster, two buildings with 15, 000 sq. ft. f. 1979 Orange Founty Fairgrounds, installed 1500 lineal feet of gas lines to various buildings. g. 1980 Have recently been awarded a contract through the State of California for installation of a Chlorination System at Richardson Grove State Park. s s Fes- Si gne 0 • LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS, That Page 8 BOND NO. B 051740 Premium included in charge for Performance Bond WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted June 23 1980 has awarded to SECCO CONSTRUCTION COMPANY hereinafter designated as the "Principal ", a contract for CONSTRUCTION OF BALBOA ISLAND PARK, BUILDING AND SITE IMPROVEMENTS - CONTRACT NO. 2131 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his or its subcontractors, shall fail to pay for any materials, provisions, provender, or other supplies or teams used in, upon, for, or about the per- formance 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 SECCO CONSTRUCTION CO. as Principal, and FREMONT INDEMNITY COMPANY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of SEVENTY -NINE THOUSAND NINE HUNDRED FIFTY AND NO /100 - - - - -- Dollars ($ 79,950.00== = = = == said sum being one -half 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 presents. THE CONDITION OF THIS. OBLIGATION IS SUCH, that if the above bounden Principal or his subcontractors, fail to pay for any materials, provisions, provender, or other supplies or teams, 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, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the Court as required by the Provisions of Section 4204 of the Government Code of the State of California. This 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 Page 9 (Labor and Material Bond - Continued) this bond, as required by the Provisions of Section 4205 of the Government Code of the State of California. And said Surety, for value received, hereby+ stipulates and agrees that no change, extension of time, alterations or additions- 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 Principal and Surety above named, on the 27th day of June , 19 so Approved as to for Ci y Attorney ECCO CONSTRUCTION CO (Seal) Name of Contractor Principal Authorized Signature and Title FREMONT INDEMNITY COMPANY (Seal) 213- 382 -6331 Telephone No. of Agent \ co Cl e' #, [ � « {� \ \( j I f % 2 ( { � y 3 \ j \ i � / I . * \ \\ �� i, \ \\ �\ ��__� PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the motion adopted Page 10 BOND NO. B 051740 PREMIUM: $1919.00 Newport Beach, State of California, by has awarded to SECCO CONSTRUCTION COMPANY hereinafter designated as the "Principal ", a contract for CONSTRUCTION OF BALBOA ISLAND PARK. BUILDING AND SITE IMPROVEMENTS - CONTRACT NO. 2131 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, SECCO CONSTRUCTION CO. as Principal, FREMONT INDEMNITY COMPANY as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of said sum being equal to 100% of the estimated amount of the contract, to be paid to the said City or its certain attorney, 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 presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, con- ditions, and agreements in the said contract and any alteration thereof made as therein provided on his or their part, to be kept and performed at the time and in the manner therein specified,, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. And said 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 to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice .' E (Performance Bond - Continued) Page 11 of any such cfiAFnge, extension of time, ali at#i�ns or additions to the terms of the contract or to the work or to the specificaislts. 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 Principal and Surety above named, on the ,,,, day of ,,, p 19 so Approv�d as to for City Attorney SECCO CONSTRUCTION CO. (Seal) Name of Contractor (Principal) Authorized Signature and Title FREMONT INDEMNITY COMPANY (Seal) Name of Surety 1605 West Olympic Blvd. Loo'An�les, Ca'1!ifornia 1 res 'b Surely >i ure and T e f i Allen Jayne, At orney -i 1833 West O1viriPic Blvd. address of Aoent 213- 382 -6331 Telephone No. of Agent 90017 Los Angeles, Calif. 90006 Ea \ 5 { 0 \ \ i I ■ ) I 3 * \ \ \ \ \ j , \ �a �\ �\ i { `I \ ;: j� ,6 } .����J \. /. }�.!/ J 2/60�.} 22Te = \�}\ to a)>\ !z }3 ,6 } .����J ' 0 L� J RLAONT INDEMNITY COMPANY ((((� HOME OFFICE — LOS ANGELES. CALIFORNIA . PORF:IL OF A•170RNFY That. FREMONT INDEMNITY C011PANY . by WILLIAM JONES, JR. its Vice President, in pnrmna„rr' of anlhorll\ praoled I,) Iirsoh,iion of its Hoard of Dir*cinrs at a merling called and held on lbr I8lh day of February, 1972. w'hie6 said Resolution has not been amended or rescinded and of which Ilic folb,w'ing.is a true, full and r('nq,lrlr copy: -'REv11.YE1):'I'list Ill, President or any bi". Prrsidrnl n, a\ (non time to fill. appoint \Ilorne)s -in -fart to rvI`iesrnl and set for and on behaRuf Ill,- Colllpall \'. dnd eitb,r lbr President or any Vic,- President, Ile Board of Dir. e lorsor Exrr, uliv,- Conlmill., may at any lime rrlmor m It ,1ltunlrl rin -Far I and rv%oke the Power of '\t bony\ gi\en him or her: all.] hr it further .,RF.Sl 1l AT, D: That the • \t lornr_v s I -Fart may hl• given fnll p„\ver to r\reul,, for and in Ihr name of and nn behalf of Ihr Compally any and .all bonds ;tit,] undrrial.in as Ibe bn -inr.. of Ihr Comp,oi) ma) n',luin,, and any sorb bonds or under - fakings v\rrutrd h\ an\ such \tlornry -in -Fact shall Ile as bindint upon tit,- Ln„tllan \' as if signed b) the Prrsidvnl and scaled slid ailrsled by ill,- n Srr•lary." dons berrby nominate, r0111lilulr and appoint ALLEN JAYNE its tell,- and lawful Allurnr\ -in -Earl, In make, evrule, seal and deliver For :old on its behalf. as surrh, and as ,Is act and d,•ed: ANY AND ALL BONDS AND UNDERTAKINGS IN WITNESS \ \'IT:R:'O the said Vice President ha, b,'r,9nao MIL "flb,'II Ili- ,Slur,' alnl affixed the r-urporate seal of Ihr said FREMONT INDE,\1NITY COC,iPANY. Ihis 12th de\ of March .\.P L. Ili 79 FREhIONT INDEMNITY COMPANY BN 0 STCfh :OFCALIFORNIA Vice Prrsidrn( U\ 1 Liam J0 Jr. Ns COUNT) OF LOS ANGELES } On this 12th day of March A.I).. 11179 . before ill,- suh,vriher, a Nolar)' Poblir of Ihr Slaty of California, in and bur fit,, Count)- of Los :\ngrlrs, dul) rommissiourd and ,Iuali(ir,L ram. Ihr abo\. named Vice President, of FRE:gONT INDFVNITY C010PANY In Fit., prr,onally known to be Ow indi\idual and officer described in and \,ho ,-\,lord the prrredine, instrument, and he acknowledged the r \ren[ton of Ihr' Bann', and being by me dill\ sworn, dcl,o.rlh slid sailh. that hr is the said offirer of the Corporation aforesaid, and [list the seal a(fi\rd to u the prrr,ding inslnnrnl is the Corporals. Fral of the Said Corporation, and that the said Corporate Sea] and his signature as such offin•r wen• dully affixed and subsrribrd to Ill, =aid instrument b\ the authority and direction of the said Corporation. IN \\ IT \E« q HEREOF, I have hereunto srl my hand and affixed m) Official Seal. at Ilit-City of Los Amprles, Ihr th% and ear first shove written. <:- cecce-c•w ^a��_�= r�era�r . NANCY L. OKAMOTO iF �F.r \1, - ?!S is 1401f IVY hoot IAl;I Ily Cn:ro:a,aca F,,ua Aue. 13. I94 Z -_ -- �.::=�x�fw:a= I, the undersigned, Assistant Se, mlar) of FRF:970NT INDEMNITY COMPANY , do hr rcl,) rrrlify that the original POWER OF ATT(IR NF,S. of \, It ieh Ihr foregoing i, a full. Intr an(] correct ropy, is in full force send effect. IN NVITNh:.4< \ \'HIAIKOF. I l,a,, brreunto sub,rrihed tn_y name as Assistant Sem-iar), and.;iff,xed the Corporals Seal of the Corporation, Ihis 27th da). (if June I rpo - a 1 ci clnn($rrrNnr\ Robert S. Stein 0 CQy_T R A C T 0 Page 12 Z THIS AGREEMENT, made and entered into this day o' 19 h , by and between the CITY OF NEWPORT BEACH, Calrnia, hereinafter designated as the City, party of the first part, and SECCO CONSTRUCTION COMPANY hereinafter designated as the Contractor, party of the second part. WITNESSETH: That the parties here;do mutually agree as follows: 1. For and in consideration of the ,' nts and agreements hereinafter mentioned to be made and performed by the City, the Contractor agrees with the City to furnish all materials and labor for the construction of BALBOA ISLAND PARK, BUILDING AND SITE IMPROVEMENTS - CONTRACT NO. 2131 and to perform and complete in a good and workmanlike manner all the work pertaining thereto shown on the Plans and Specifications therefor; to furnish at his own proper cost and expense all tools, equipment, labor, and materials necessary therefor, (except such materials, if any, as in the said Specifications are stipulated to be furnished by the City), and to do everything required by this Agreement and the said Plans and Specifications. 2. For furnishing all said materials and labor, tools and equipment, and doing all the work contemplated and embraced in this Agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecu- tion of the work until its acceptance by the City, and for all risks of every description connected with the work; also, for all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as in said Specifications are expressly stipulated to be borne by the City; and for well and faithfully completing the work and the whole thereof, in the manner shown and described in the said Plans and Specifications, the City will pay and the Contractor shall receive in full compensation therefor the lump sum price, or if the bid is on the unit price basis, the total price for the several items furnished pursuant to the Specifications, named in the bidding sheet of the Proposal, as the case may be. 3. The City hereby promises and agrees with the said Contractor to employ, and does hereby employ the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Specifications; and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. 4. The Notice to Bidders, Instructions to Bidders, Contractor's Proposal, and the Plans and Specifications, and all amendments thereof, when approved by the parties hereto, or when required by the City in accordance with the provisions of the Plans and Specifications, are hereby incorporated in and made part of this Agreement. Page 13 5. Pursuant to the Labor Code of the State of California, the City Council has ascertained the general prevailing rates of per diem wages for each craft or type of workman needed to execute the contract and a schedule containing such information is included in the Notice Inviting Bids and is incorporated by reference herein. 6. The Contractor shall assume the defense of and indemnify and save harmless the City, the Director of Public Works, and their officers and employees, from all claims, loss, damage, injury, and liability of every kind, nature, and description, directly or indirectly arising from the performance of the contract or work, regardless of responsi- bility for negligence; and from any and all claims, loss, damage, injury, and liability, howsoever the same may be caused,resulting directly or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence. IN WITNESS WHEREOF, the Parties hereto have caused this contract to be executed the day and year first above written. CITY OF NEWPORT BEACH, CALIFORNIA 'n..... MW ATTEST: f City Cler' k Contractor EAL) By Title 0 Approved as to form: - MY Attorney tle 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONSTRUCTION OF BALBOA ISLAND PARK, BUILDING AND SITE IMPROVEMENTS CONTRACT NO. 2131 PROPOSAL To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: PR 1 of 2 The undersigned declares that he has carefully examined the location of the work, has exam- ined the Plans and Special Provisions, has read the Notice Inviting Bids, and hereby agrees to furnish all labor, materials, equipment, transportation, and services to do all of the work required to complete Contract No. 2131 in accordance with the Plans (Drawing B- 5070 -S consisting of 9 sheets, and Drawing P- 5081 -5 consisting of 5 sheets), the Special Provisions, and the City's Construction Standards and Specifications for the Construction of Public Works, and that.he will take in full payment therefor the following prices for each completed item of work in place, to wit: ITEM QUANITY ITEM DESCRIPTION TOTAL NO. AND UNIT PRICE WRITTEN IN WORDS PRICE 1. Lump Sum Demolish and dispose of existing buildings, pavement, and other improvements from the site, for the lump sum price of NINETEEN THOUSAND, FORTY Dollars and NO Cents 2. Lump Sum Widen alley intersection at Agate Avenue for the lump sum price of FOUR HUNDRED TWELVE Dollars and NO Cents Lump Sum Construct special monolithic curb and gutter parallel to alleys for the lump sum price of ONE THOUSAND NINE HUNDRED NINETY -NINE Dollars and NO Cents $19,040.00 $ 412.00 $ 1,999.00 • • PR 2 of 2 TEM NO. QUANTITY AND UNIT 11LM DESCRIPTION PRICE WRITTEN IN WORDS TOTAL PRICE 4. Lump Sum Construct building, complete in place including utilities and service con- nections, for the lump sum price of ONE HUNDRED TEN THOUSAND ONE HUNDRED THIRTY Dollars __.- ---- -- - -- - -- and NO Cents $110,130.00 5. Lump Sum Construct site improvements on build- ing site, including playing court, tot lot, walls, ramps, stairs, and sidewalks, for the lump sum price of SEVENTEEN THOUSAND ONE HUNDRED THIRTY - FOUR Dollars and NO Cents $ 17,134.00 6. Lump Sum Construct irrigation system, com- plete in place, for the lump sum price of SEVENTY -ONE THREE THOUSAND, SIX HUNDRED / Dollars and NO Cents $ 3,671.00 7. Lump Sum Furnish and install plant amendments and plant material, for the lump sum price of SEVEN THOUSAND, FIVE HUNDRED FOURTEEN Dollars and NO Cents $ 7,514.00 TOTAL PRICE BID WRITTEN IN WORDS ONE HUNDRED FIFTY -NINE THOUSAND NINE HUNDRED Dollars and NO Cents Total $159,900.00 CONTRACTOR'S LICENSE NO. 177430 TELEPHONE NO. ( 714) 963 -0901 SECCO CONSTRUCTION COMPANY BIDDER'S NAME S /Bruce Secco AUTHORIZED SIGNATURE CONTRACTOR'S ADDRESS 18821 Flagstaff Lane, Huntington Beach, CA 92646 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONSTRUCTION OF BALBOA ISLAND PARK, BUILDING AND SITE IMPROVEMENTS CONTRACT NO. 2131 INDEX TO SPECIAL PROVISIONS SECTION PAGE I. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . 1 II. TIME OF COMPLETION . . . . . . . . . . . . . . . . . . . . . . 1 III. PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 IV. LIABILITY INSURANCE . . . . . . . . . . . . . . . . . . . . . . 1 V. SAFETY ORDERS . . . . . . . . . . . . . . . . . . . . . . . . . 2 VI. GUARANTEES . . . . . . . . . . . . . . . . . . . . . . . . . . 2 VII. PERMITS AND FEES . . . . . . . . . . . . . . . . . . . . . . . 2 VIII. CONSTRUCTION SURVEY STAKING . . . . . . . . . . . . . . . . . . 2 IX. RECORD DRAWINGS . . . . . . . . . . . . . . . . . . . . . . . . 2 X. FIELD MEASUREMENT AND SAMPLES . . . . . . . . . . . . . . . . . 2 XI. CONSTRUCTION SPECIFICATIONS . . . . . . . . . . . . . . . . . . 2 II III CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR 0 CONSTRUCTION OF BALBOA ISLAND PARK. BUILDING AND SITE IMPROVEMENTS CONTRACT 2131 SCOPE OF WORK SP of The work to be done under this contract consists of furnishing all labor, equip- ment, transportation, materials, and services necessary to remove two existing buildings and all site improvements from the site; to widen the alley approach at Agate Avenue; to construct a recreation fuilding complete with utility and service connections; and to construct masonry walls, a half -court basketball court, a tot lot, curbs, walks, pavement, landscaping, irrigation system, and all other appurtenant site improvements, all as shown on the plans, complete in place, including all necessary appurtenant work. The contract requires completion of all work in accordance with these Special Provisions, the City's Standard Special Provisions, the Plans (Drawing Nos. B- 5070 -S, consisting of 9 sheets, and P- 5081 -S, consisting of 5 sheets), and the City's Standard Drawings and Specifications. The City's Standard Specifi- cations are the "Standard Specifications for Public Works Construction," 1976 Edition. Copies may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, telephone (213) 870 -9871. Copies of the City's Standard Special Provisions and Drawings may be purchased from the Public Works Department at a cost of $5. TIME OF COMPLETION The Contractor shall tion of contract by (180) calendar days for completion shall PAYMENT The lump sum prices compensation for all to complete the work the specifications, included in the lump IV. LIABILITY INSURANCE begin work within ten (10) calendar days after the execu- the City. All work shall be completed one hundred eighty after execution of contract by the City. The time slated include final clean -up of the premises. bid for the work sh labor, materials, Compensation for but not separately sum price bid. all, unless otherwise stated, include full tools, equipment and incidentals necessary work shown on the plans or described in provided for in the bid proposal, shall be A standard "Sper,ial Endorsement" form has been adopted by the City (sample attached). This form is the only certificate of insurance acceptable to the City. The successful low bidder will be required to complete this form upon award of the contract. • • SP2of2 V. SAFETY ORDERS The contract shall have, at the work site, copies or suitable extracts of Construction Safety Orders and General Industrial Safety. VI. GUARANTEES Besides guarantees required elsewhere, the Contractor shall and hereby does guaran- tee all work for a period of one (1) year after the date of acceptance of the work by the City and shall repair and replace any and all such work, together with any other work which may be displaced in so doing, that may prove defective in workmanship and /or materials within the one (1) year period from date of accep- tance, without any expense whatsoever to the City, ordinary wear and tear and usual abuse or neglect excepted. In the event of failure to comply with the above - mentioned conditions within a week after being notified in writing, the City is hereby authorized to proceed to have the defects repaired and made good at the expense of the contractor, who hereby agrees to pay the cost and charges therefor immediately on demand. VII. PERMITS AND FEES All permit fees normally charged by the City shall be waived, except that every Contractor and subcontractor employed on the project shall have in effect a valid current City business license. VIII. CONSTRUCTION SURVEY STAKING Field surveys for control of all grading and construction shall be the responsi- bility of the Contractor. All such surveys, including construction staking, shall be under the supervision of a California licensed surveyor or civil engi- neer. Staking shall be performed on all items ordinarily requiring grade and alignment at intervals normally accepted by the agencies and trades involved. IX. RECORD DRAWINGS Where specified in the separate sections of the Specifications, the Contractor shall provide and keep up to date a complete as -built set of blueline prints, which shall be corrected daily to show every change from the original drawings and specifications and this set shall be the record set. As -built entries shall be completed in a neat, clear, professional manner. X. FIELD MEASUREMENT AND SAMPLES The Contractor shall check and verify all field measurements with such promptness as to cause no delay in his own work or in that of any other contractor. The Contractor shall furnish for approval, all samples as directed. The work shall be in accordance with approved samples. XI. CONSTRUCTION SPECIFICATIONS The construction specifications controlling materials and methods of construc- tion are printed on the plans. SAMPLE CITY OF NEWPOF" ,. Contract No. r. �,;aI Endorsement No In i nn".i'lot'll ion nr thr, prrmium chargnri, thi'. Pndurscmint r, attached to and made •r Part of all pnlh iP,, in;nr'ing thr liability r.f arty pnrtnn, firm or corporation prT to r'm I m I .',V i, "., nndrt , nnl r a, t fnr I hr f I I V „I N„wpur 1 1. Notwithstanding any lnronsistent expression In the policy to which this endorsement is attached, or in any other endorsement now or hereafter attached thereto, or made a part thereof, the protection afforded by said policies shall: 1. Include the City of Newport Beach, its officers and employees as additional insureds in the policies described below for injuries, death or damage to property arising out of or in connection with the contract executed by the named insured and the City. It is further agreed that this policy shall be primary and non - contributing with any other insurance available to the City of Newport Beach, and includes a severability of interest clause. 2. Include contractual liability coverage applicable to the contract referred to above, including the obligation to defend the City. 3. Delete all exclusions relating to property damage arising out of explosion, collapse, or underground damage (commonly referred to as "xcu" hazards). 4. Indemnify and save harmless the City of Newport Beach against any and all claims, excluding sole negligence of the City, resulting from the undertaking of the contract. This hold harmless assumption on the part of the underwriters shall include all costs of investigation and defense. until reasonable determination is made that the City is solely negligent. S. Provides limits of liability and coverages as follows COVERAGES TO WHICH THIS EFFECTIVE ENDORSEMENT DATE OF POLICY POLICY LIMITS OF INSURANCE ATTACHES ENDORSEMENT NUMBER PERIOD LIABILITY COMPANY This endorsement is effective 19 , when signed by an Authorized Representative of the compan es maffording ocverages and when issued to City shall be valid and form a part of policies herein described. Should any of the above described policies be cancelled before the expiration date thereof, the issuing company shall mail 30 days' prior written notice by registered mail to: City of Newport Beach c/o City Clerk 3300 Newport Boulevard Newport Beach, California 92663. NAME OF AGENT OR BROKER Address By ____ _ Authorized Representative IMPORTANT: This is the only evidence of insurance acceptable to the City. The person executing this Endorsement is cautioned to make certain that he has authority to do same on behalf of the Insurance Company or Companies. C.I.F. - 3/70 In Workers' Compensation Certificate "I am aware of and will comply with Section 3700 of the Labor Code, requiring every employer to be insured against liability for Workers' Compensation or to undertake self - insurance before commencing any of the work." G 2 L Date ignai re ccora. ALLEN JAYNE INS, INC. 1833 W. OLYMPIC BLVD. LOS ANGELES, CA 90006 TEL: (213) 382 -6331 AN" -RE55 COMPANIES AFFORDING COVERAGES MFaNY /� %1 FREf10NT INDEt4NITY 1Pa;ry O - -- — :r o mvaw (� F' -FV v SECCO CONSTRUCTION CO. - OMPANY p 18821 FLAGSTAFF LANE ""ER HUNTINGTON BEACH, CALIFORNIA 92646 COMPANY C E••ER G This Is t0 certify that policies Of Insurance listen below have been 'SSued to the Insured named abOVe and are .n brCa af'.h s'Ime N of any contract or other document with 'espect to which this certifiCdte may be Issued or may certain. the nsuranca afforded W terms. exclusions and conditions of such policies. DoIIUPS deSCnbed neren .s i,c.eo :OE I Limits of Liability in Thousands, oC TERM TYPE OF INSURANCE POLICY NLVaFR eC ICY �— ___... EX P tiCURRr YrF . GENERAL LIABILITY BODILI NJURY s s ❑COMPREHENSIVE FORM I ❑PREMISES- OPERATIONS PROPERTY DAMAGE s { ❑ EXPLOSION AND COLLAPSE HAZARD ❑ UNDERGROUND HAZARD a ❑ PROPERATIONS �} HAZARD ❑ BODILY INJURY AND I CONTRACTUAL INSURANCE PROPERTY DAMAGE $ 6 ❑ BROAD FORM PROPERTY .:C.MS:NED k DAMAGE i ❑ INDEPENDENT CONTRACTORS ! ❑ PERSONAL INJURY I PFrISCNAL Y.LRY s AUTOMOBILE LIABILITY BODILY INJURY ❑ 'EACH PE RSONI S COMPREHENSIVE FORM BODILY INJLRY s ❑ OWNED EACH ACCIDENT) ❑ -.RED 'POPE P-v hem AGE s ❑ VONOWNFD 3CGJ N.LRv :.N� - OPCPERTV OASIACE s A; = GMB'NED EXCESS LIABILITY . - - - -. ❑ UMBRELLA FORM I .oD' r v:uPY AYr �wOFER'v DAMAGE 3 s ❑ OTHER THAN UMBRELLA FORM =OMB'NEO WORKERS' COMPENSATION S- ATUTORY A and WP 80 111 341 7/7/81 s$2,000, ?, EMPLOYERS' LIABILITY OTHER a I UESCRIPTION OF OPERATION&LOCATIONSNEHICLES Job: CONSTRUCTION OF BALBOA ISLAND PARK, BUILDING AND SITE IMPROVEMENTS CONTRACT NO. 2131 Cancellation: Should any of the above described policies be cancelled before the expiration date thereDF. the`': ;j' V0 pany will e'fJN1¢XX*Xt)6 mail �0_ days written notice to the below named certificate ho der. I ` X X �xxxsrX�txxa€ i��mxxxxa�€ x' �+ xxxxxxx�xxxxxvcsci�a�x�x�x ;rrxeca�tta�c NAME AND ADDRESS OF CERRFICATE HOLDER CITY OF NEWPORT BEACH 3300 W. NEWPORT BLVD. NEWPORT- BEACH, CA. ACORD Js 11.701 June 27, 1 DATE [SUED l i r CITY OF NEWPORT BEACH Contract No. 2131 Special Endorsement No. In consideration of the premium charged, this endorsement is attached to and made a part of all policies insuring the liability of any person, firm or corporation performing services under contract for the City of Newport Beach. Notwithstanding any inconsistent expression in the policy to which this endorsement is attached, or in any other endorsement now or hereafter attached thereto, or made a part thereof, the protection afforded by said policies shall: 1. Include the City of Newport Beach, its officers and employees as additional insureds in the policies described below for injuries, death or damage to property arising out of or in connection with the contract executed by the named insured and the City. It is further agreed that this policy shall be primary and non - contributing with any other insurance available to the City of Newport Beach, and includes a severability of interest clause. 2. Include contractual liability coverage applicable to the contract referred to above, including the obligation to defend the City. 3. Delete all exclusions relating to property damage arising out of explosion, collapse, or underground damage (commonly referred to as "xcu" hazards). 4. Indemnify and save harmless the City of Newport Beach against any and all claims, excluding sole negligence of the City, resulting from the undertaking of the contract. This hold harmless assumption on the part of the underwriters shall include all costs of investigation and defense, until reasonable determination is made that the City is solely negligent. 5. Provides limits of liability and coverages as follows: COVERAGES TO WHICH THIS EFFECTIVE ENDORSEMENT DATE OF POLICY POLICY LIMITS OF INSURANCE ATTACHES ENDORSEMENT NUMBER PERIOD LIABILITY COMPANY GENERAL LIABILITY 6/27/80 12099057 1/16/80 to 11000,000. TRANSAMERICA 1/16/81 This endorsement is effective June 27, 1980 19 when signed by an Authorized Representative of the companies affording coverages and when issued to City chall by valid and form a part of policies herein described. Should any of the above described policies be cancelled before the expiration date thereof, the issuing company shall mail 30 days' prior written notice by registered mail to: City of Newport Beach c/o City Clerk 3300 Newport Boulevard Newport Beach, California 92663. NAME OF AGENT OR BROKER ALLEN JAYNE INSURANCE, INC Address 1833 WEST OLYMPIC BLVD., L.A.,CA. 90006 By lh�Hzed Repr ntative) IMPORTANT: This is the only evidence of insurance acceptable tojthe City. The person executing this Endorsement is cautioned to make certain that he has authority to do same on behalf of the Insurance Company or Companies. C.I.E. - 3/79 • ! CITY OF NEWPORT BEACH CALIFORNIA June 24, 1980 Secco Construction Company 18821 Flagstaff Lane Huntington Beach, California 92646 City Hall 3300 W. Newport Blvd. Area Code 714 640 -2281 SUBJECT: CONSTRUCTION OF BALBOA ISLAND PARK, BUILDING AND SITE IMPROVEMENTS CONTRACT NO. 2131 Gentlemen: The City Council awarded the subject contract to you on June 23, 1980. Enclosed are four copies of the contract documents for the construction of the project. It will be necessary for you to execute and return a Labor and Material Bond for 50% value of the contract amount, a Faithful Performance Bond for 100% of the contract amount, and four copies of the contract. The date of the contract is to be left blank, and it will be filled in when the City executes the agreement. The executed contract documents will be distributed as follows: (1) City Clerk, (2) Public Works Department, (3) Contractor, and (4) bonding company. In addition to the above documents, please submit certificates for public liability and property damage insurance and Workers' Compensation insurance. THE FOLLOWING REQUIREMENTS MUST BE STRICTLY FOLLOWED: 1. The attached copies of the City's Certificate of Insurance are to be completed by your insurance company. Please note that this form is the only form acceptable to the City. 2. A signed certification by an authorized representative of the company carrying your Workers' Compensation insurance. 3. The following certification signed by the Contractor: "I am aware of and will comply with Section 3700 of the Labor Code, requiring every employer to be insured against liability for Workers' Compensation or to undertake self - insurance before commencing any of the work." 0 0 Page Two For any required bonds, the company issuing Bid Bonds, Labor and Mater- ial Bonds, and Faithful Performance Bonds must be an insurance company or surety company licensed by the State of California. The company must also have a current General Policy Holders Rating of A or better; and a Financial Category of at least Class X as per the latest edition of Best's Key Rating Guide (Property - Liability). The specifications require that all of the above documents be executed and returned to the Public Works Department, City of Newport Beach, 3300 West Newport Boulevard, Newport Beach, California 92663, within ten (10) days (not including Saturday, Sunday, and federal holidays) after they have been mailed to you. Very truly yours, Kenneth L. Perry Project Manager KLP:jd Enclosure cc: Insurance Company Trans America Insurance Group Box 5330 Costa Mesa, CA 92626 0 0 INSTRUCTIONS FOR EXECUTION OF CONTRACT CORPORATIONS: The signature must contain the name of the corporation, must be signed by the President and Secretary or Assistant Secre- tary, and the corporation seal must be affixed. Other persons may sign for the corporation in lieu of the above if a certified copy of a resolution of the corporate board of directors author- izing them to do so is on file with the City. PARTNERSHIPS: The names of all persons comprising the partnership or co- partnership must be stated. The bid must be signed by all partners comprising the partnership unless proof in the form of a certified copy of a certificate of partnership acknowl- edging the signer to be a general partner is presented to the City, in which case the general partner may sign. JOINT VENTURES: Bids submitted as joint ventures must so state and be signed by each joint venturer. INDIVIDUALS: Bids submitted by individuals must be signed by the bidder, unless an up -to -date power of attorney has been granted by said individual to another person and said power of attorney is on file with the City, in which case said person may sign for the individual. The above rules also apply in the case of a ficti- tious firm name. In addition, however, where the fictitious name i_, used, it must be so indicated in the signature. ALL FOUR COPIES MUST BE FULLY EXECUTED AND ALL FOUR COPIES MUST BE RETURNED TO THE PUBLIC WORKS DEPARTMENT. 0 0 NOTICE THE ENCLOSED CONTRACT CONTAINS CERTAIN INSURANCE REQUIREMENTS WHICH MUST BE STRICTLY FOLLOWED. PLEASE READ THESE.REQUIREMENTS CAREFULLY AND DISCUSS THEM WITH YOUR INSURANCE AGENT. YOUR COOPERATION WILL ELIMINATE DELAYS IN THE PROCESSING OF THIS CONTRACT. TITLE V OF THE CITY OF NEWPORT BEACH MUNICIPAL CODE REQUIRES THAT ALL CONTRACTORS, SUB - CONTRACTORS, SERVICES, OR INDIVIDUALS WORKING OR PERFORMING A SERVICE IN THE CITY OF NEWPORT BEACH HAVE A CITY OF NEWPORT BEACH BUSINESS LICENSE. ALL PRIME CONTRACTORS SHALL FURNISH A COMPLETE LIST OF THE NAMES AND COMPLETE ADDRESS OF SUB - CONTRACTORS, SERVICES, OR INDIVIDUALS PERFORMING A SERVICE AT THEIR JOB SITE. IT IS REQUESTED THAT YOU SUBMIT THIS LIST WITH YOUR EXECUTED CONTRACT DOCUMENTS. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT DOCUMENTS 241A V/ W q��w CONSTRUCTION OF BALBOA ISLAND PARK, BUILDING AND SITE IMPROVEMENTS Approved by the City Council this 12th day of May, 1980. d oris George, City Clerk CONTRACT NO. 2131 SUBMITTED BY: SECCO CONSTRUCTION COMPAiVY Contractor 18821 Flagstaff Lane, Address Huntineton Beach, CA 92646 City Zip 714 - 963 -0201 Phone ec Total Bid Page 1 CITY Q€'- ';:NEWPORT BEACH, CALIFORNIA NOTICE INVITING BIDS SEALED BIDS will be received at the office of th ty Clerk, City Hall, Newport Beach, California, until.. 2w30 P M. (-as deterzn telephone time signal) on the 4th day o£.: 14$O.,at imr they will be opened and read, for performing work as foiTows: CONSTRUCTION OF BALBOA ISLAND PARK, BUILDING, AND SITE IMPROVEMENTS CONTRACT X10: C -2131 Bids must be submitted on the proposal form attached with the contract documents furnished by the Public Works Department. The additional copy of the proposal form is to be retained by the bidder for his records. Each bid must be accompa#ied4y. cash, certified check or!Bidder's )fond, made payable to the City of Newport Beach, for an amount equal to at least 10 percent of the amount bid. The title of the project and the words "SEALED BID" shall be clearly marked on the outside of the envelope containing the bid. The contract documents that must be completed, executed, and returned in the sealed bid are: A. Proposal B. Designation of Subcontractors C. Bidder's Bond D. Non - collusion Affidavit E. Statement of Financial Responsibility F. Technical Ability and Experience References These documents shall be affixed with the signature and titles of the persons signing on behalf of the bidder. For corporations, the signatures of the President or Vice President and Secretary or Assistant Secretary are required an t� he Coorpor�ate� Seal shall be armed to all�uments req ring signatures. In the case of a arl rtnership, the signature of at least one general partner is required. No bids will be accepted from a contractor who has not been licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The contractor shall state his license number and classification in the proposal. One set of plans and contract documents, including special provisions, may be obtained at the Public Works Department, City Hall, Newport Beach, California, at no cost to licensed contractors. It is requested that the plans and contract documents be returned within 2 .weeks after the bid opening. (cont.) Page la fhe City has adopted the Standard Specif itigw-for Public Works Construction (1976 Edition) as prepared by the southern call ap ers o e mer can u is Works Associdtion and the Associated General Con -c tors of America. Copies may be obtained from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, (213) 870 -9871. The City has adopted Standard Special Provisions and Standard Drawings. Copies of these are available at the Public Works-:Department at a cost of $5 per set. A standard "City of NewpEt = Special Endorsement" form has been adopted by the City of Newport Beach: 7`tii#:`is the only endorsement acceptable to the City "for liability insuranee.ptrrposes -._The successful low bidder will be required to complete the form upon award of contract. (A sample form is attached for reference.) For any required bonds;-.the company in!t%# bid bonds, labor and material bands,:.and faithful - performaM*I baYdi —im -t -be an insurance company or surety company licensed by. the State of California. In accordance with the provisions of Article 2, Chapter 1, Part 7 of the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascer- tained 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 in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 in- clusive). The contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. The contractor shall post a copy of the prevailing wage rates at the job site. Copies may be obtained from the Public Works Department. The City reserves the right to reject any or all bids and to waive any informality in such bids. Revised 3 -13 -79 •0 �- Page 2 All bids are to be computed on the basis of the given estimated quantities of work, indicated in this Proposal, times the unit price as submitted by the bidder. In case ii;rrep.anc:y between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. The estimated quantities of work indicated in this Proposal are approximate only, being given solely as a basis for comparison of bids. The undersigned has checked carefully all of the above figures and understands that the City will not be responsible for any errors or omissions on the part of the under- signed in making up this bid. The undersigned agrees that in case of default in executing the required contract with necessary bonds within ten (10) days, not including Saturday, Sunday and federal Holidays, after having received notice that the contract is ready for signature, the proceeds of check or bond accompanying this bid shall become the property of the City of Newport Beach. Licensed in accordance with the Statutes of the State of California providing for the registration of Contractors, License No. 177430 Classification B Accompanying this proposal is as Certi ie Check, as ier s Check or on in an amount not less than 10 percent of the total bid price. The undersigned is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencing the performance of the work of this contract. 714- 963 -0201 BRUCE SECCO Phone Number Bidder's Name (SEAL) June 4 1950 't6ec' - e e'r 0 Date ,Authorizea Signature Authorized Signature Individual Type of Organization (Individual, Corporation, or Co- Partnership) List below names of President, Secretary, Treasurer and Manager if a corporation, and names of all co- partners if a co- partnership: Wn Page 3 DESIGNATION OF SUBCONTRACTORS The undersigned certifies that he has used the sub -bids of the following listed contractors in making up his bid and that the subcontractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with the applicable provisions of the specifications. No change may be made in these subcontractors except upon the prior approval of the Engineer. Item of Work Subcontractor Address 1. List of s,b contractorg gball be submitted i contract is awarded 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Brnce Sec co B1 er s Name Authorized Signature Individual Type of rganization (Individual, Co- partnership or Corp.) 15821 Flagstaff Lane Huntington Beach CA 92646 Address BIDDER'S BOND TO ACCOMPANY PROPOSAL i,;4OW ALI MLN !;Y THESE PRESENTS, That we an SECCO CO. FREMONT INDEMNITY COMPANY Page 4 as Principal, as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of TEN PERCENT OF THE AMOUNT BID IN-------- Dollars ($ --10$ of Bid- ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden principal for the construction of BALBOA ISLAND PARK, BUILDING AND SITE IMPROVEMENTS CONTRACT complete as per plans and specifications in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden principal shall duly enter into and execute a contract for such construc- tion and shall execute and deliver the two (2) bonds described in the "Notice Inviting Bids" within ten (10) days (not including Saturday, Sunday and Federal Holidays) from the date of the mailing of a notice to the above bounden principal by and from said City of Newport Beach that said contract is ready for execution, then this obligation shall become null and void; otherwise it be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. 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, we hereunto set our hands and seals this 4th day of June 19 so . r Corporate Seal (If Corporation) (Attach acknowled ement of Attorney -in -Fact SECCO CONSTRUCTION CO. Principal Surety By Title Q ] t � ƒ I � \/ u:); \ \ \\ \ \ �5 C: \ I ' £ f \ / tn \2!(t! / © J ®� ^■ | +~ . 1-14-MONT INDEMNITAOMPANY HOME OFFICE — LOS ANGELES. CALIFORNIA 110 NF:It OF AF1 F0Ii�NFY KVIt\\ 11,1.111':,\ 111 I IIF.,1: 1'111, PRF -MONT INDEMNITY COMPANY j3 WILLIAM JONES, JR. its Vice Prvsidr nl, in pur,nanre of aulhorilt ••ranted Iq R",uhdion of ils li"ard of Oinrlor, at a '11'. ling rallyd and held on 16e 18th day of February, 1972. wIii.'li .aid 1{e,nhllinn bas not ILrrn ,onrnded or m,riudrd and of 'hull Ili, bdl .,ilw.i, a true, full and ronlpl,lr rnP): That the I'n'vd. -ol or dull fire Pri,idrnl Ilan front tine' In lion• al.11nin( \Iloror)s in-Fin I to rrprr" nl and all for and on I.,hilf of Ion• Compam. and Ii1L,r Ili, I'll ,i;l, of or ally Yi.,4rr >i1rnt, III, H,drd of I tin'.Inn or F.,rrutiN, Cn tit mil 1c, may a an)' limn m.nnv' ,n rh At I, r rnrl.. in Far l .0 u1 rrr ;kI Ihr Pit,, rr of \II - Irtwt pit rn IIiIn ur II,r: amt L.' it forlher "W'S11.\'Ell: Thal the it tonu'ys - ill Val I ma)' hr gin it full p ov, r to rs,rulr f,,r dnd in Ill' nint, of inn nn Lrh.df of Ihr Cnnlpan)' any and all Lunrt.:nul nod, rrl al.in••. a, III, Im>i n.:,r o(Ihr (;unipim u1Y n.luirr, and am ,nth Lund, or under Ial.inEs rxrrulyd Lx 2nV ,udt Wormy in ha. 'I shall III, a, Ili ..dint 111.an Ili., Cunip.mv a, if vru•v l IIt the Prrsidrnl and sealed and aloe >Ied h)' Iir S,vreliry " - does It, reb) nominate, coostitnt, and .iploohrl ALLEN JAYNE its Irur and lawful Al Lrruev in Par(, to ntak,. ,xrrolr, .,al and d,lnrr for :unl nn it, L.'II:IIC a, `Ilrrll, doll a, it-, at and dr,d: ANY AND ALL BONDS AND UNDERTAKINGS IN, \ \II \I :,�l l\ lhr ,aid Vice Pfr,idrot Ili- L,'rrnnIo >n1 _. rib,d hi, u.nul end iM\, I1 Ili Corporate peal of th"seid FREMONT INDEMNITY COMPANY. this 12th ddY Ili March \.1)..1'179 F RF :MON'F INDF'.MNITY CO\li'ANY SfAITOFt :,VJfUIS�IA Vice 7'r "<;d,ri! Jt Iiam Jo re Jr. IC IIn this I2th Ila) of March A.U.. 11179 . b, for,- Ihr : ubs.liLrr, a N'nlarx Puhlic of Ill' Slalr of ( ahfornia, in and our Ihr County of lm \nprl,., dul) (out uI;• ion,d and .inalifi,d, rem" lL, d6mr named Vice Pr„id,nt, of F REMONT INDEMNITY COMPANY , to ul• In r,onall) L!nnwn Io III- Ihr mdi�nlual and offirrr, d,v ribrd in and who I rr a I the prrrrding inmru turn 1, and hr arLr tr lvdgrd lit,- rv'rnlion UI tit,- ,amt. and b,in� Lt me dolt swum, III I"I'rill dud ,gill., tllal he is the said officer of the Curpurilion afu rrsaid, and that Ike s,al affixed to Ih( lm'r,dnl, in0rom. lit is Ihr Corporate. Seal of the Said Corporation, and that the said Corporal,- Seal and his sigoalure as .och offirrr were duly affixed and ,n L,rriLrd to Ill, said in�Inrrnrni h) the nulLuril) and dir"elion of Ihr said Corporation. IN \11T. \'E'5S HEREOF, I have lit rruntu set tu) hind and affixed m) Offiriah Seal, at Ill "C ly of Los Alip-le" III, &IN and )sir first aln+Nr writlen. c c�cr;_c�cc�-_r_ ��cc•: _ -�� `c C•I IICiAL `-_AL S r il� � •'�.; IdP.f,CY L. OIG.910T0 loulf.ity I11711f. rdI II [ :HI110 (rF.r \L) Jlr,ilfS (f:UlllY -.. 1 -t1 —_ �,;;' IayCu :m :a;: :oa i.r7•vs nuC. 13 10'•2 A t, lh" undrr,ig,ne d, Assistant Sr. it lar) of FRF:.IONT IN DEAINITY COMPANY , do hr Irby rr rtif)' that Ihr original P011 ER OF ATTORNF:1 , of whirh the (stewing i, a full. Imr and . orr,rl ropy, is in full fore" amt effrrt. IN \11Ti\ESS u'IIEREOF, I hivr Ili it silk,rillyd In,' ualn as Assistant Sri cclarv, ind offned the Corporate Seal of lire Corporation, this 4th day of June 1980 •7 - .1+<.<fun(Srrvrinn ^Robert S. Stein Page 5 NON- COLLUSION AFFIDAVIT the bidders, by its officers and agents -v representatives present at the time of filing this bid, being duly sworn on thef oaths say, that neither they nor any of them, have in any way, directly or indirectly, entered into any arrangement or agree- ment with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever, or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agree- ment with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the Bylaws, Rules or Regulations of which prohibit or prevent the contractor from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository; that no inducement or any form or character other than that which appears upon the face of the bid will be suggested, offered, paid, or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract, nor has this bidder any agreement or understanding of any kind whatsoever, with any person whomsoever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Subscribed and sworn to before me this 4th day of June My commission expires: April 18, 1984 SECCO CONSTRUCTION CO. By - ( --: � Sole owner Notary Pu lic � 5: e ^+! s .•SVAM1.tl.WwfY rO tlpR Of.lc.!'�fi"f 5�va,v':�r ^ +. • Page 6 STATEMENT OF FINANCIAL RESPONSIBILITY Tne undersigned submits herewith a statement of his financial responsibility or agrees to submit a statement within 24-hours after the bid opening if he is the apparent low bidder. <—r / Signed 0 • TECHNICAL ABILITY AND EXPERIENCE REFERENCES •a Page 7 The undersigned Submits herewith- a statement of the work of similar character to that proposed herein which he has performed and successfully completed. a, 1978 National Bank of Whittier, 6, 000 sq. ft. , (Gin Wong & Associates). Imperial & La Palma Blvd., Anaheim Hills Canyon Village Plaza. b. 1978 Union Federal Savings & Loan, 4, 000 sq. ft. , Canyon Village Plaza, Anaheim Hills. C. 1978 Towncenter III (Diversifed Shopping Center), Placentia, Kramer, to 1979 and Yorba Linda Blvd. , Towncenter III Has three (3) main buildings, a total of twenty -four (24) store, including Delio's Deli, E1 torito restaurant, beauty shop, jeweler, fabric shop (Wolf & Warp), etc. d. 1979 Gibraltar Savings & Loan (Gin Wong & Associates) Laguna Hills, 10,000 sq. ft. e. 1979 Security Pacific National Bank, Beach & Garfield in Huntington Beach, 5, 700 sq. ft. , in conjuction with another project. A mini shopping center in Westminster, two buildings with 15, 000 sq. ft. f. 1979 Orange Founty Fairgrounds, installed 1500 lineal feet of gas lines to various buildings. g. 1980 Have recently been awarded a contract through the State of California for installation of a Chlorination System at Richardson Grove State Park. t / Signe CITY Of NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONSTRUCTION OF BALBOA ISLAND PARK, BUILDING AND SITE IMPROVEMENTS CONTRACT NO. 2131 PROPOSAL To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 Gentlemen: PRIof2 The undersigned declares that he has carefully examined the location of the work, has exam- ined the Plans and Special Provisions, has read the Notice Inviting Bids, and hereby agrees to furnish all labor, materials, equipment, transportation, and services to do all of the work required to complete Contract No. 2131 in accordance with the Plans (Drawing B- 5070 -S consisting of 9 sheets, and Drawing P- 5081 -S consisting of 5 sheets), the Special Provisions, and the City's Construction Standards and Specifications for the Construction of Public Works, and that.he will take in full payment therefor the following prices for each completed item of work in place, to wit: ITEM QUANITY ITEM DESCRIPTION TOTAL NO. AND UNIT PRICE WRITTEN IN WORDS PRICE Lump Sum Demolish and dispose of existing buildings, pavement, and other improvements from the site, for the lump sum price of Nineteen thousand, forty Dollars and on Cents $ 19,040.00 Lump Sum Widen alley intersection at Agate Avenue for the lump sum price of / Fnnr hnnrlrerl 4%yalva Dollars L/ and 00 Cents $ 412.00 Lump Sum Construct special monolithic curb and gutter parallel to alleys for the lump sum price of One thousand nine hundred ninety j ' nine-------------------- - - - - -- Dollars V and 00 Cents $ 1,999. 00 •• •• PR 2 of 2 ITEM QUANTITY ITEM DESCRIPTION TOTAL NO. AND UNIT PRICE WRITTEN IN WORDS PRICE 4. lump Sum Construct building, complete in place including utilities and service con- nections, for the lump sum price of _- _tars C^�c fir.zL7i�'c-G7 7c:F,,. ' /XIf. ary`c C5" 5. Lump Sum Construct site improvements on build- ing site, including playing court, tot lot, walls, ramps, stairs, and sidewalks, for the lump sum price of Seventeen thousand one hundred thirty- four -- ----------- - - - - -- Dollars and nn Cents 6. Lump Sum Construct irrigation system, com- plete in place, for the lump sum price of Three thousand, six hundred seventy- one---------- - - - - -- Dollars and 00 Cents 7. Lump Sum Furnish and install plant amendments and plant material, for the lump sum price of Seven thousand, five hundred fourteen --------------------- Dollars and TOTAL PRICE BID WRITTEN IN WORDS E'/l,et�- $ V $ 17, 134. 00 V $ 3, 671. 00 00 Cents $ 7,514.00 hGill�i .'j>% " 'ri i� j7�,L.. Ci%C'S 1/ rs s Total $- CONTRACTOR'S LICENSE NO. 177430 immum •- •. TELEPHONE NO. 714 -963 -0201 Bruce Seem BIDDER'S NAME _ %AU ORIZED SIGNATURE CONTRACTOR'S ADDRESS 18821 Flagstaff Lane. Huntington Beach CA 92646 00 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONSTRUCTION OF BALBOA ISLAND PARK, BUILDING AND SITE IMPROVEMENTS CONTRACT NO. 2131 INDEX TO SPECIAL PROVISIONS SECTION PAGE I. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . 1 II. TIME OF COMPLETION . . . . . . . . . . . . . . . . . . . . . . 1 III. PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 IV. LIABILITY INSURANCE . . . . . . . . . . . . . . . . . . . . . . 1 V. SAFETY ORDERS . . . . . . . . . . . . . . . . . . . . . . . . . 2 VI. GUARANTEES . . . . . . . . . . . . . . . . . . . . . . . . . . 2 VII. PERMITS AND FEES . . . . . . . . . . . . . . . . . . . . . . . 2 VIII. CONSTRUCTION SURVEY STAKING . . . . . . . . . . . . . . . . . . 2 IX. RECORD DRAWINGS . . . . . . . . . . . . . . . . . . . . . . . . 2 X. FIELD MEASUREMENT AND SAMPLES . . . . . . . . . . . . . . . . . 2 XI. CONSTRUCTION SPECIFICATIONS . . . . . . . . . . . . . . . . . . 2 II. III • • • • SP 1 of 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR CONSTRUCTION OF BALBOA ISLAND PARK, BUILDING AND SITE IMPROVEMENTS CONTRACT 2131 SCOPE OF WORK The work to be done under this contract consists of furnishing all labor, equip- ment, transportation, materials, and services necessary to remove two existing buildings and all site improvements from the site; to widen the alley approach at Agate Avenue; to construct a recreation fuilding complete with utility and service connections; and to construct masonry walls, a half -court basketball court, a tot lot, curbs, walks, pavement, landscaping, irrigation system, and all other appurtenant site improvements, all as shown on the plans, complete in place, including all necessary appurtenant work. The contract requires completion of all work in accordance with these Special Provisions, the City's Standard Special Provisions, the Plans (Drawing Nos. B- 5070 -S, consisting of 9 sheets, and P- 5081 -S, consisting of 5 sheets), and the City's Standard Drawings and Specifications. The City's Standard Specifi- cations are the "Standard Specifications for Public Works Construction," 1976 Edition. Copies may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, telephone (213) 870 -9871. Copies of the City's Standard Special Provisions and Drawings may be purchased from the Public Works Department at a cost of $5. TIME OF COMPLETION The Contractor shall begin work within ten (10) calendar days after the execu- tion of contract by the City. All work shall be completed one hundred eighty (180) calendar days after execution of contract by the City. The time slated for completion shall include final clean -up of the premises. PAYMENT The lump sum prices bid for the work shall, unless otherwise stated, include full compensation for all labor, materials, tools, equipment and incidentals necessary to complete the work. Compensation for work shown on the plans or described in the specifications, but not separately provided for in the bid proposal, shall be included in the lump sum price bid. IV. LIABILITY INSURANCE A standard "Special Endorsement" form has been adopted by the City (sample attached). This form is the only certificate of insurance acceptable to the City. The successful low bidder will be required to complete this form upon award of the contract. V. SAFETY ORDERS • • SP 2 of 2 The contract shall have, at the work site, copies or suitable extracts of Construction Safety Orders and General Industrial Safety. VI. GUARANTEES Besides guarantees required elsewhere, the Contractor shall and hereby does guaran- tee all work for a period of one (1) year after the date of acceptance of the work by the City and shall repair and replace any and all such work, together with any other work which may be displaced in so doing, that may prove defective in workmanship and /or materials within the one (1) year period from date of accep- tance, without any expense whatsoever to the City, ordinary wear and tear and usual abuse or neglect excepted. In the event of failure to comply with the above - mentioned conditions within a week after being notified in writing, the City is hereby authorized to proceed to have the defects repaired and made good at the expense of the contractor, who hereby agrees to pay the cost and charges therefor immediately on demand. VII. PERMITS AND FEES All permit fees normally charged by the City shall be waived, except that every Contractor and subcontractor employed on the project shall have in effect a valid current City business license. VIII. CONSTRUCTION SURVEY STAKING Field surveys for control of all grading and construction shall be the responsi- bility of the Contractor. All such surveys, including construction staking, shall be under the supervision of a California licensed surveyor or civil engi- neer. Staking shall be performed on all items ordinarily requiring grade and alignment at intervals normally accepted by the agencies and trades involved. IX. RECORD DRAWINGS Where specified in the separate sections of the Specifications, the Contractor shall provide and keep up to date a complete as -built set of blueline prints, which shall be corrected daily to show every change from the original drawings and specifications and this set shall be the record set. As -built entries shall be completed in a neat, clear, professional manner. X. FIELD MEASUREMENT AND SAMPLES The Contractor shall check and verify all field measurements with such promptness as to cause no delay in his own work or in that of any other contractor. The Contractor shall furnish for approval, all samples as directed. The work shall be in accordance with approved samples. XI. CONSTRUCTION SPECIFICATIONS The construction specifications controlling materials and methods of construc- tion are printed on the plans. �o SAMPLE CITY OF NEWPOP- P iontract No. :;y,L;al Endorsement No. In InAidration of thr pri,mium charged, thi•. t -odors r. lnt r, attached to and made n nart of all pnl irlo, in,urr ino the liability r,f any oprtnn, firm nr rorporation pr rforn, I nn .rry I. r.. mu6•t I nn 1, nr t for Ulr 1 I I y .d N, -,irni 1 h,,, h Notwithstanding any inconsistent expression In the polil.y to which this endorsement is attached, or in any other endorsement now or hereafter attached thereto, or made a part thereof, the protection afforded by said policies shall: 1. Include the City of Newport Beach, its officers and employees as additional insureds in the policies described below for injuries, death or damage to property arising out of or in connection with the contract executed by the named insured and the City. It is further agreed that this policy shall be primary and non - contributing with any other insurance available to the City of Newport Beach, and includes a severabitity of interest clause. 2. Include contractual liability coverage applicable to the contract referred to above, including the obligation to defend the City. 3. Delete all exclusions relating to property damage arising out of explosion, collapse, or underground damage (commonly referred to as 'xcu" hazards). 4. Indemnify and save harmless the City of Newport Beach against any and all claims, excluding sole negligence of the City, resulting from the undertaking of the contract. This hold harmless assumption on the part of the underwriters shall include all costs of investigation and defense, until reasonable determination is made that the City is solely negligent. S. Provides limits of liability and coverages as follows COVERAGES TO WHICH THIS EFFECTIVE ENDORSEMENT DATE OF POLICY POLICY LIMITS OF INSURANCE ATTACHES ENDORSEMENT NUMBER PERIOD LIABILITY COMPANY This endorsement is effective , 19 , when signed by an Authorized Representative of the companies affording coverages and when issued to City shall be valid and form a part of policies herein described. Should any of the above described policies be cancelled before the expiration date thereof, the issuing company shall mail 30 days' prior written notice by registered mail to: City of Newport Beach c/o City Clerk 3300 Newport Boulevard Newport Beach, California 92663. NAME OF AGENT OR BROKE.__ Address / .`) - ?� -�_ 1/f-i ! ��C : {�?: Z By (Authorized Representative IMPORTANT: This is the only evidence of insurance acceptable to the City. The person executing this Endorsement is cautioned to make certain that he has authority to do same on behalf of the Insurance Company or Companies. r.I.F. - 1/10 h�7 � •June 23, 1980 CITY COUNCIL AGENDA ITEM N0. G -6 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: BALBOA ISLAND PARK, BUILDING AND SITE IMPROVEMENTS (CONTRACT 2131) RECOMMENDATIONS: 1. Reject the four bids received on June 4, 1980, for the following reasons: a. The low bid was not responsive to the Notice Inviting Bids because the bidder did not list his subcontractors. b. The low bid was 31% over the architect's estimate of $124,000. 2. Direct the staff to revise the plans and specifications to eliminate building demolition and alley work from the contract. 3. Authorize the City Clerk to advertise for bids on the revised project to be opened at 2:30 P.M. on August 18, 1980. 4. Approve the transfer of all but $10,000 of the current appro- priation into the appropriation reserve. DISCUSSION: The project includes demolishing a former church building and a small residence; constructing a 1,600- square -foot masonry building; a half -court basket- ball court; a play area, walks, walls, irrigation system, and landscaping; and widening the alley approach in Agate Avenue. The location is shown on the at- tached sketch. At 2:30 P.M. on June 4, 1980, the City Clerk opened and read four bids for the project: Bidder 1. Secco Construction Co., Huntington Beach 2. Architectural Development Services, Costa Mesa 3. Jen -Beck Associates, Santa Ana 4. Leonard E. South & Son, Anaheim Bid $159,900.00 184,050.00 189,471.00 194,698.00 0 0 June 23, 1980 Subject: Balboa Island Park, Building and Site Improvements (Contract 2131) Page 2 The apparent low bid is unresponsive to the Notice Inviting Bids in that the bidder did not list subcontractors, but instead wrote on the bid form that he would designate subcontractors if he was awarded the contract. This procedure is not permitted by state law and could not be construed as a minor irregularity that could be waived by the City Council. The apparent low bid is 31% over the architect's estimate of $124,000. The second low bidder is 48% over the architect's estimate, and 15% over the low bid. If the project is re- advertised, construction would not commence until after Labor Day. In addition, it is proposed to revise the plans so as to elimi- nate demolition of the existing building from the main contract, and eliminate the alley approach widening. This work would be done by specialty contractors under separate purchase order. The 1979 -80 budget contains an appropriation of $138,000 for the proj- ect: $114,221 from the Building Excise Tax Fund and $23,779 from a 1974 state park bond issue. It is proposed to demolish the existing improvements by pur- chase order and transfer the balance of the 1979 -80 appropriation into the appropriation reserve. After new bids have been received, an appropriation for the project will be recommended. The architect is Tom Moon & Associates, of Newport Beach. The land- scaping and site development plans were prepared by Design & Construct, Inc., of Huntington Beach. The new estimated date of completion is March 16, 1981. Benjamin B. Nolan Ronald A. Whitley Public Works Director Parks, Beaches & Recreation Director KLP:jd Att. 0 -a A%V/ DN;crZ:nQ LL 0 L--L� >1 � v J <0 ca d) } 4 .7 N Q m .y 2 6 d" F�'Om J W u May 12, 1980 CITY COUNCIL AGENDA ITEM NO. H -13 TO: CITY COUNCIL FRON. rublic ''Works Department and P. B. & �. Department SUBJECT: CONSTRUCTION OF BALBOA ISLAND PARK, BUILDING, AND SITE IMPROVEMENTS (CONTRACT 2131) RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Authorize the City Clerk to advertise for bids to be opened at 2:30 P.M. on June 4, 1980. DISCUSSION: The current budget contains an appropriation of $138,000 from the Building Excise Tax Fund to construct a community building and recreational area at the Balboa Island Park. The funds include $23,779 from a 1974 State Park Bond Issue that must be used by June 30, 1980. The location of the park is shown on the attached sketch. The project includes demolishing the former church building and a small accessory building; constructing a one -story masonry building of 1500 square feet; a half -court basketball court; a sand play area; and walks, walls, ramps, landscaping, and an irrigation system. A full set of plans will be on display in the Council Chambers. The project budget is as Demolition Building Landscaping, irrigation, Professional fees Masonry wall along alley Contingencies and miscel follows: $ 4,000 90,000 tot lot, basketball court 20,000 12,000 5,000 laneous 7,000 Total $138,000 The tentative date of completion is December 15, 1980. The building plans were prepared by Tom Moon & Associates of Newport Beach. The site development and landscaping plans were prepared by Design Construct Inc., of Huntington Beach. Benjamin B. Nolan Ronald A. Whitley Public Works Director Parks, Beaches & Recreation Director KLP:do Att. z �ppoaosEO j 6uIL0fN1 , j i rAr K AYr-. THE NEWIY)wr ENSIGN PROOF OF PUBLICATION (201 s.s C.C.F•) STATE OF CALIFORNIA, County of Orange, ' SS. I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or .interested in the above - entitled matter. I am the principal clerk of the printer of the Newport Harbor Ensign newspaper of general circulation, printed and pub- lished weekly in the city of Newport Beach, Count of Or- ange, and which news y paper has been adjudged a news- paper of general circulation by the Superior Court of the County of Orange, State of California, under the date of May 14, 1951, CASE NUMBER A -20178 that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil). has been published in each regular and en- tire issue of said newspaper and not in any supplement thereof on the following dates to-wit: Published May 14, 1980 I certify (or declare) under penalty of perjury that the foregoing is and correct. Dated at Newport Beach, Calif- ,this 1 day of May 19 80 / Signature THE NEWPOIZI' ENSIGN 2721 E. Coast Hwy., Corona del Mar, California 92625, This & is for the County Clerk's Hft Stamp Notice - Bid Proof of Publication of Construction Balboasland # C - 2131 .tea .tub will be fae•lead at the oPoc• of W City Cork, cty I N.-Port N•a.h, CMSO;Z anal j N i P.O. ( doer ad b> td phoo• tlm• which rym tb 1tb 4, 11.. , Ifto, ,t read, for d-r wID r opened and _ CONSTRUCTION Q work „ follow.` Op ISLAND PANIC, MMMING AALBOA The Cfty hoe adopted St•oda,d DdPNOVNNams 91TL Speck Provbioy .od Star Draw- CONTRACTNO. C.2131 of Pub ic1Wo.� Dk ere evaWble at p��o� a aoh�taltMd en the pro. of U,,e. „t. eparimeof of •cast d wpb the oentr.« A ata.dard ocumente NYWahed br the pobbo _ 'City «Newport Work' DaWrtm•at. adopted b°d- aasmNt" form by bank °OpY «the ptOp4al form bbra -I lldr loan T'be Ciy W Nawpost B•acb. 1e1ved by tb•bidder fw bV records. u the -NY andorNmml N• Each bld moat be a oo.,.MW -epyby to the City for habb" in: oaah, ndia.d ab•ok or BWd e. B®d bidder wN rwwa. Th. aocc««N bw made Pq.bl. ro the City of N b re'foirad to complete the Be ch, for m amount awp-« form opna award -1wobact. WoN ro N k ut pw IDNrwat «flee amount bid, PN> luum'a'foir•d bNdr, We roe- The title of the Prge« and the 9 bid bonds, 4br and S�I,gp BID ".hW b clNrl> m.rkad material bonds, end IalNrful N Wa outside « !-[mane• bond. moat b m 1pPr Par- 'a9 flea bid. the envabp, coelaly. - °mPaaY of NrNy coon. Th. - oMr.ot dmu by the Stare N CNi(o +ma. �ad -omW«ad. Naculb the b t Article "M- with to pro.lrtl®« 'be ea-W bW en:' «ar°ad b CalaornY f+bor Cud Part ? W Bee B. RopoW «. ea'f)' the Dim r(of nova l}fo C.11alde- tivoWBaboontraoty�'... O� for whiob 1 �m se I 1. abtamam of Ploanoi« NNppa.., than• or hPa of workmN or i «p ocholoal Ability and BePada.n ..a.a t Na-at. the -oa rap. 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W bWa •e. w«N aar ► at" «.ply hh,I �. oeoee d•�I /leatlov io the propael. . ... ; ;Z Oft aaf W Plea. and oon4a« ..I axvm"a, lo-I.dia, a,a,, /mNl- w-oe, mey be abated at flea Pabib aaah+ -bra. Ik far aeded thft pkma. -aud - ontraot the . e."'W rdtEm 2 wNb Nester bb bbe PROOF OF PUBLICATION are grhbe 0 0 RESOLUTION NO. 9826 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AWARDING A CONTRACT TO THE SECCO CONSTRUCTION COMPANY IN CONNECTION WITH THE BALBOA ISLAND PARK BUILDING AND SITE IMPROVEMENTS (C -2131) WHEREAS, pursuant to the notice inviting bids for work in connection with the Balboa Island Park building and site improvements, in connection with the plans and specifi- cations heretofore adopted, bids were received on the 4th day of June, 1980, and publicly opened and declared; and WHEREAS, it appears that the lowest responsible bidder therefor is SECCO CONSTRUCTION COMPANY, NOW, THEREFORE, BE IT RESOLVED by the City Council, of the City of Newport Beach that the bid of SECCO CONSTRUC- TION COMPANY in the amount of $159,900.00 for the Balboa Island Park building and site improvements be accepted, and that the contract for the described work be awarded to said bidder; and BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute a contract in accordance with the specifications, bid and this award on behalf of the City of Newport Beach, and that the City Clerk be directed to furnish an executed copy to the successful bidder. ATTEST: City Clerk ADOPTED this 23rd day of June, 1960. Mayor kv 6/24/80