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Home My WebLink AboutC-2352 - Channel Place & Clubhouse Avenue Storm Drainc -a3s� X30 FORM 1108 CONDITIONAL RELEASE FROM: Long Beach Iron Works, Inc. PROJECT: Clubhouse Ave. (Name Of Person Or Firm Giving Release) (Name Of Project) 2100 W. Anaheim St. Storm-Drain Contract 2352 (Street Address) (Address Of Project) Long Bea ch. Ca- 90813 (City, State, Zip) TO: George R. Frost (Name Of Person Or Firm To Whom Release Is Given) 18226 Hwy- 29S (City, State, Zip) The undersigned does hereby release all mechanic's lien, equitable lien and labor and material bond rights against the 6 B4, rbov 1 \ rFjpt�S J�j To- scribed project. This release is for the benefit of, and may be relied upon eyof by, the owner, the prime contractor, the construction lender, and the ❑ Cou (men eager principal and surety on any labor and material bond. O Attorney O Bldg. Dir. This release is CONDITIONAL, and shall be effective only upon pay - Cl GenSery Dir, t , O FB 5 R Du. ment to the undersigned in the sum of $ p Planning OW, s JQ S /'•. C) Po eifftnel If payment is by check, this release is effective only whent�iC� 9a �yP VV U 11 S DOMer is paid by the bank upon which it is drawn. IN NIN a� N�,�QOGP,)E •�` Date: Tn1y 12, 1984 Fir Name Of Firm urnishing or, quipment By: George ignature O wner Or Authorize §484(b) OF THE CALIFORNIA PENAL CODE PROVIDES IN PART AS FOLLOWS: "Any person who receives money for the purpose of obtaining or paying for services, labor, materials or equipment and willfully tails to apply such money for such purpose by either willfully failing to complete the improvements for which funds were provided or willfully failing to pay for services, labor, materials or equipment provided in- cident to such construction, and wrongfully diverts the funds to a use other than that for which the funds were received, Shall be guilty of a public offense and punishable by a fine not exceeding five thousand dollars (95,000), or by imprisonment in the state prison not exceeding five years, or in the county jail not exceeding one year, or by both such fine and such imprisonment." §484(c) OF THE CALIFORNIA PENAL CODE PROVIDES AS FOLLOWS: "Any person who submits a false voucher to obtain construction loan funds and does not use the funds for the purpose to which the claim was submitted is guilty of embezzlement." §206.5 OF THE CALIFORNIA LABOR CODE PROVIDES No employer shall require the execution of any release of any claim or right on account of wages due, or to become due, or made as an advance on wages to be earned, unless Payment of such wages has been made. Any release required or executed in violation of the pro- visions of this section shall be null and void as between the employer and the employee and the violation of the provisions of this section shall be a misdemeanor." §532(e)OF THE CALIFORNIA PENAL CODE PROVIDES AS FOLLOWS: "Any person who receives money for the purpose of obtaining or Paying for services, labor, materials or equipment incident to con- structing improvements on real property and willfully rebates any part of the money to or on behalf of anyone contracting with such person, for provision of the services, labor, materials or equipment for which the money was given, shall be guilty of a misdemeanor; provided, how- ever, that normal trade discount for prompt payment shall not be Co.. sidered a violation of this section." j Tt - - - - ------------ ------------ ------------------ 0 099Z6 'PO 'qOeD9 41odmDN PATH 4jodmGN OOEC 11O2GE1 4-TodmDN 10 A4TD � RSLSASS (3�� (1Mdiani s Lim% Stop Notiow, . Equitable Lion and Labor And Meanie$ Bond R .Man) FROM: 9RtaP3t F $HLI y r CA PROJECT: CLUB HOUSE STORM DRAIN _ Olmott� .ye:.....:..:..as�asl---' - -- 14520 SOUTH AVALON BLVD. \ Gum Adores$ (Adores e1 hoped GARDBIAe CA 90248 NEWPORT BEACH, CA W14". all". zo) lean. sere, Zo) _ . . . M CITY OF NEWPORT BEACH/ G. R. FROST CONSTRUCTION COQ Po BF 3300 NEWPORT BOULEVARD �G� /F `AA NEWPORT BEACH, CA 92663 l6� CONDITIONAL RELEASE The undersigned does hereby release all mechanic's Ilan, stop notice, equitable lien and labor and material bond rights against the above described project for all materials, supplies, labor, services, etc., purchased, acquired or furnished by or for us and used on above premises up to and including (Date) 7/1 '11814 This release is for the benefit of, and may be relied upon by, the owner, the prime contractor, the con- struction lender, and the principal and surety on any labor and material bond. This release is CONDITIONAL, and shall be ef- fective only upon payment to the undersigned in the SUM of$ 4,384.85 ON RECEIPT OF JOINT CHECK If payment is by. check, this release is effective only when the check is paid by the bank upon which it is drawn. TOM MALLOY CORP. D9A TRENCH SHORING CO. FIRM NAME: 14520 So. AVALON BL. (213) 327 $rbor. ese.l BY' Aw ir. AB0 L _ l ✓o .i. tar.wr. of OMer ar AutAer�t sntl ,�, _ ,�— The undersigned has been paid"i�kifl-f�,efl labor, subcontract work, equipment -- materisM supplied to the above described project and hereby Means all mechanic's lien, stop notice, equitable lien and labor and material bond rights on the project for NI materials, supplies, labor, services, etc., pur- chased, acquired or fumished by or for us and used on above premises, up to and including (Date) This release a for the benefit of, and may be relied upon by the owner, the prime contractor, the con- struction lender, and the principal and surety on any labor and material bond posted for the project. FIRM NAME: Winn hneidhir a YbQ, MJ BY: ffew re of 0 - or A~ind Aers1 Date: .OW IS FOR NOTARY CERTIFICATION � . 00 PATMLNC OF CIMCR ST SAM ON UM IPr is mum Date 13 GNSOry 011'. o OFa&RDir. o�. USE REVERSE SIDE AS RELEASE FOR INDIVIDUALS PERFORMING LABOR F0AA^()E8 d Des Mayor CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640 -2251 Evelyn R. Hart June 19, 1984 Mayor Pro Tem Philip R. Maurer Council Members Bill Agee G. R. Frost, Inc. John C. Cox Jr. 24361 Markham Jackie Heather Perris, CA 92370 Ruthelyn Plummer Donald A. Strauss Subject: Surety: United States Fidelity & Guaranty Bonds No.: 40- 0120 - 11878 -83 -3 Project: Clubhouse Ave. Storm Drain Impv. Contract No.: C -2352 The City Council on May 14, 1984 accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion. The Notice was recorded with the Orange County Recorder on May 22, 1984, Reference No. 84- 212084. Sincerely, '/ dl"" ",/ f d" " " '/' , Wanda E. Andersen CITY CLERK WEA:lr cc: Public Works /Pat Dunigan City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 Please Return To City Clerk City of Newport Beach 3300 Newport Blvd. Newport Beach, . CA 92663 -3884 NP PM, 19FRA w NEWRCr: ::_ACH, a Na *aH *4COMPLETION RECEIVED !. CITPUBLKC W RKS EXEMPT C" 84- 212084 -S L5 AN WAY 22'84 —0*6--a To All Laborers and Material Men a-nn to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on May 14, 1984 the Public Works project consisting of Clubhouse Avenue Storm Drain Improvement and Channel Place Tidal Structure and Storm Drain Extention (C -2352) on which G.R. Frost, Inc., 243E was the contractor, and Unites was the surety, was completed. I, the undersigned, say; Perris VERIFICATION , CIT OF NEWPORT BEACH Public 49orke 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 May 16, 1984 at Newport Beach, California. Public Vorks 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 May 14, 1984 accepted the above described work as completed and ordered that's, Notice .of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on May 16, 1984 at Newport Beach, California. City Clerk 92364 • 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714) 640 -2251 ,ciFOar Mayor Evelyn R. Hart May 17, 1984 Mayor Pro Tern Philip R. Maurer Council Members Lee A. Branch Bill Agee John C. Co: Jr. Orange County Recorder Jackie Heather P.O. Box 238 Ruthelyn Plummer Santa Ana, CA 92702 Donald A. Strauss Dear Mr. Branch: Attached for recordation is Notice`of Completion of Public Works project consisting of Clubhouse Avenue Storm Drain Improvement and Channel Place Tidal Structure and Storm Drain Extention, Contract No. 2352 on which G. R. Frost, Inc. was the Contractor and United States Fidelity 6 Guaranty was the Surety. Please record and return to us. Sincerely, Irene Butler DEPUTY CITY CLERK IB:lr Attachment (1) cc: Public Works City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 rl BY THE CITY COUNCIL CITY Of NEWPORT BEACH TO: CITY COUNCIL FROM: Public Works Department SUBJECT: MAY 141984 0 May 14, 1984 CITY COUNCIL AGENDA ITEM NO. — L -)/ RECOMMENDATIONS: 1. Accept the work. 2. Assess liquidated damages in the amount of $4,800. 3. Authorize the City Clerk to file a Notice of Completion. 4. Authorize the City Clerk to release the bonds 35 days after Notice of Completion has been filed. DISCUSSION: The contract for the construction of the subject project has been completed to the satisfaction of the Public Works Department. The bid price was $154 ,280.00 Amount of unit price items constructed 153,900.00 Amount of change orders 4,964.06 Total contract cost $158,864.06 Three change orders were issued. The first, in the amount of $2,279.37, provided for removal of an unknown abandoned storm drain in Channel Place which interfered with the new drain. The second, in the amount of $2,468.95, provided for working around an existing 6 -inch water main which was not in the location shown in the City's records. The third, in the amount of $215.74, provided for reconnection of a fire hydrant lateral which interfered with the new drain in Clubhouse Avenue. counts: Funds were budgeted in the General Fund under the following ac- Channel Place Tidal Structure: No. 02- 3497 -251 Clubhouse Avenue Storm Drain Replacement: No. 02- 3497 -272 The design engineering was performed by the Public Works Department. The contractor is G. R. Frost, Inc., of Perris, California. The original contract date of completion was October 1, 1984. May 14, 1984 Subject: Acceptance of Clubhouse Avenue Storm Drain Improvement and Channel Place Tidal Structure and Storm Drain Extension (C -2352) Page 2 The contractor placed his order for the tidal gate and operator immediately after award of the contract. He and the City were subsequently notified that the electric motor for the gate operator required special fab- rication and would not be ready until approximately January 1, 1984. It was determined that by then the delivery date could not be appreciably advanced by changing to a different voltage motor. The motor was delivered on January 18, 1984. The specifications provide for extensions of time when materials can- not be reasonably obtained from any source. Installation of the motor and controls required five actual working days; however, the contractor did not complete the work until March 13, 1984, 48 days later than required. Assess- ment of liquidated damages at the contract specified rate of $100 per day is recommended. all., �--F � �Y Benjamin B. Nolan Public Works Director GPD:jd c - a STOP NOTICE NOTICE TO WITHHOLD TO HOLDER OF FUNDS ~ c6 S O�tv O�oviN, t 1 ;ITY OF NEWPORT BEACH (Name of owner, construction lender or public officer)G�l Sinn NEWPORT BLVD. NEWPORT BEACH, CA 9266 ER OF (Address of owner or construction lender) YOU ARE HEREBY NOTIFIED THAT the undersigned claimant, TRENCH SHORING CO. 14520 S. AVALON BLVD. GARDENA CA 90248 (Name and address) has furnished or has agreed to furnish RENTAL & SALES /CONTRACTORS EQUIPMENT S SUPPLIES (labor, services, equipment, materials) of the following kind SHORING 6 SAFETY EQUIPMENT (general description of labor, services, equipment or materials) to or for G R FROST CONSTRUCTION CO. for the work improvement, located at, or known as: (name of person to or for whom furnished) S ORM DRAIN NEWPORT BEACH CA (address, legal description, description of site or project identification) The amount in value of the whole agreed to be done or furnished by claimant is $ 4,384,85 The amount in value of that already done or furnished by'^laimant is $ 14,184 89 Claimant has been paid the sum of $ "0' and there remains due and unpaid the sum of $ 49384.85 plus interest thereon at the rate of per cent per annum from 19_. YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST. Dated: STATE OF CALIFORNIA ss. COUNTY OF Los Anrceles and says: That he is the person(s) who signed the foregoing Stop Name of Claimant Address of Claiyrr1 9a c0 CA. FAA , being duly sworn, deposes that —he has read the same and knows the contents thereof __...�_.: k..r.t.A nn h;s information and belief and s Stop Notice NEW DRT BfgCH, NOTICE TO CITY OF NEWPORT BEACH CALIF, 3300 Newport Blvd, Nam APK 1 1984M Newport Beach Ca. 92660 £ Address CITY el te,; (Public Body or lender) Z, (If Public Job — file with office of controller, auditor, or other public disbursing officer whose duty it is under provisions of the contract.) ` ^' (If Private Job — Me with responsible officer or person at office or branch of construction lender administering the construction funds.) Prime Contractor: George R, Frost Inc. Does I, II, III Sub Contractor (If Any) Owner or Public Body: City of Newport Beach Improvement known as Clubhouse Avenue Storm Drain Contract 2352 (name and address of project or work of improvement) in the City of Newport Beach County of Orange State of California. Long Beach Iron Works, Inc, claimant,a Corporation (Claimant) (CorporatlonfPartnershipfSole Proprietorship) furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment or materials is George R. Frost Inc, , (Name of Subcontractor /ContmctorfOwner-Builder) The kind of labor, service, equipment or materials furnished or ageed to be furnished by claimant was Pressure Gate, Tidal Structure, Curb Inlets, and Junction Structures. (Describe in detaitJ Total value of labor, service, equipment or materials agreed to be furnished .......... $ Total value of labor, service, equipment or materials actually furnished is ........... $ 17 X47 5 -OR Credit for materials returned, if any ......................... ... $ Amount paid on account, if any ... ............................. $ 1,832.96 Amount due after deducting all just credits and offsets .................... S. 15.642.12 YOU ARE HERESY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of $ 15.642.12 , as provided in Sections 3156 thru 3214 of the Civil Code, and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A bond is not attached. (Bond required on private jobs — rat @n public jobs.) (islis not) Date March 29 1984 �0 Name of (7aimant i p i FYr N In c� OO.ffi By � ,. �,,,� � o av : ent c • Mac —CC.— lalp Official Capacity) O rYr atl C. �rahip ;r Verincatlon for Corpwatlon `I G 'tF � STATE OF CALIFORNIA COUNTY OF SS. COUNTY OF SS. } Los Angeles George Weide (Claimant or Representative) (Claimant or Representative) being Fast duly sworn deposes and says that he is being first duly sworn deposes and says that _he is President (Owner, Partner or Agent) (Official Capacity) Of of Long Beach Iron Works Inc. (Firm Name/ (Exact CrPiihto Name/ tamed as claimant in the foregoing claim; that—he has Ute rpor 'on that exec tW th Or oirp claim; that -- w read said claim and knows the contents thereof, and that the male his nation on b half o rporation; that—he facts therein stated are true. has rea 'claim and kno the ten thereof, and that the facts the" a e. X X (Signature of Affmat) lure of Aff ant) SubscnibW and sworn to before me this SubscnW, and swo fore me this 29th day of ,19_ da March 19 84 l (Sknatare of Notary Public) (Signature of Notary Public) Notary p y Stamp \ OFFICIAL SEAL Stamp JANICE D CASERTA ,NiA NOTARY PUBLIC - CALIFORNIA ,> NO" LOS ANGELES COUNTY < °�'. tl tor..:: �. 7: ^ - =�y 13, 1985 My comm. expires MAY 13, 1985 y _ Original of above notice received this day of 19` WADCA FORM 4 (REV. 5-7{) v NAME AND ADDRESS OF AGENCY PACIFIC.INSURANCE AGENCY P.O. BOX 16902 IRVINE, CALIF. 92713 NAME AND ADDRESS OF INSURED G.R. FROST IS G.R. FROST INC. A JOINT VENTURE 18226 HIGHWAY 395 PERRIS, CALIF. 92370 COMPANIES AFFORDING COVERAGES COMPANY A HARBOR INSURANCE COMPANY LETTER -- COMPANY B LETTER COMPANY LETTER COMPANY D LETTER COMPANY E LETTER or other document with respect to which this certificate may be Issued or may Is and conditions of such policies. subject to all the DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES (REFER TO ATTACHED ADDITIONAL INSURED ENDORSEMENT N0,5 FOR GLA 160394 AND ENDORSEMENT NO.5 FOR BA 158022) Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail .-3.0_ tJays written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD NEWPORT BEACH, CALIF. 92663 DATE ISSUED: FEBRUARY 28, 1984 �o� ORIZ giIVE (SHARON R. WR T UNDERWRITING ASSISTANT) Limits of Liability in Thousands COMPANY LETTER TYPE OF INSURANCE POLICY NUMBER --- -.�-.. ,.. ,...._ -.. POLICY - OATS___ EACH AGGREGATE .. ..EXPIRATION OCCURRENCE GENERAL LIABILITY BODILY INJURY $ f ® COMPREHENSIVE FORM PREMISES— OPERATIONS PROPERTY DAMAGE f f EXPLOSION AND COLLAPSE HAZARD ® UNDERGROUND HAZARD A ® PRODUCTS /COMPLETED GLA 160394 5/4/84 OPERATIONS HAZARD BODILYINJURYAND ®CONTRACTUAL INSURANCE PROPERTY DAMAGE $500, $ 500, ® BROAD FORM PROPERTY COMBINED DAMAGE ® INDEPENDENT CONTRACTORS PERSONAL INJURY $INCLUDE ® PERSONAL INJURY AUTOMOBILE LIABILITY BODILY INJURY $ (EACH PERSON) ® COMPREHENSIVE FORM BODILY INJURY $ ® (EACH ACCIDENT) OWNED PROPERTY DAMAGE $ A ® MIRED BA 158022 5/4/84 BODILY INJURY AND $SOD, NON -OWNED PROPERTY DAMAGE COMBINED EXCESS LIABILITY i ';�> LY INJURY AND ❑ UMBRELLA FORM �(� DAMAGE $ $ ❑ OTHER THAN UMBRELLA //� I(ECEIVED FORM BUILDING NED WORKERS' COMPENSATK)N T T m. and MAR 21 EMPLOYERS' LIABILITY $ IEPCH ACCIDENT) OTHER RT CH ALIF. 0 Z s DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES (REFER TO ATTACHED ADDITIONAL INSURED ENDORSEMENT N0,5 FOR GLA 160394 AND ENDORSEMENT NO.5 FOR BA 158022) Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail .-3.0_ tJays written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD NEWPORT BEACH, CALIF. 92663 DATE ISSUED: FEBRUARY 28, 1984 �o� ORIZ giIVE (SHARON R. WR T UNDERWRITING ASSISTANT) -: �.' . - I < �, ,. ~' ENDORSEMENT • NO I „SDRED G.R. FROST 6 G.R. FROST INC. A JOINT VENTURE 5 PRODUCER PACIFIC INSURANCE AGENCY POLICY ON CERTIPICATE THE EFFECTIVE DATE OF THIS ENDORS ppEppMpEENTT��TpISpppppppppyp MAY pp4p,pp1983 „D. GLA 160394 TYPE OF COVERAGE *)ULM W�X q.[t:q�y> ff ifX �Uf T� EJA /SRW /YB LL`1U1L111 /iV U911D1LC REFER NO. *COMPREHENSIVE GENERAL LIABILITY EXCLUDING AUTOMOBILE ADDITIONAL INSURED (CONTRACTING OPERATIONS - FORM A) IT IS AGREED THAT SUCH INSURANCE AS IS PROVIDED BY THIS POLICY FOR BODILY INJURY LIABILITY - EXCEPT AUTOMOBILE, AND PROPERTY DAMAGE LIABILITY - EXCEPT AUTOMOBILE APPLIES TO THE ADDI- TIONAL INSURED NAMED HEREIN BUT ONLY WITH RESPECT TO OPERATIONS PERFORMED FOR SUCH ADDITIONAL INSURED BY THE NAMED INSURED SUBJECT TO THE FOLLOWING PROVISIONS: A CONDITIONS 1. LIMITS OF LIABILITY. THE LIMITS OF LIABILITY AFFORDED THE ADDITIONAL INSURED SHALL NOT EXCEED THE,LIMITS OF LIABILITY REQUIRED BY THE TERMS OR PROVISIONS OF THE PROJ- ECT SPECIFICATIONS,CONTRACT OR AGREEMENT BETWEEN THE NAMED INSURED AND THE ADDI- TIONAL INSURED BUT IN NO EVENT TO EXCEED THE LIMITS OF LIABILITY PROVIDED BY THIS POLICY. 2. THE INSURANCE PROVIDED BY THIS POLICY APPLIES SEVERALLY AS TO EACH INSURED EXCEPT THAT THE INCLUSION OF MORE THAN ONE INSURED SHALL NOT OPERATE TO INCREASE THE LIM- IT OF THE COMPANY'S LIABILITY. INCLUSION HEREIN OF ANY PERSON OR ORGANIZATION AS AN ADDITIONAL INSURED SHALL NOT AFFECT ANY RIGHT WHICH SUCH PERSON OR ORGANIZATION WOULD HAVE AS A CLAIMANT IF NOT SO INCLUDED. 3. NOTICE OF CANCELLATION. THE COMPANY AGREES WITH THE ADDITIONAL INSURED TO PROVIDE THIRTY (30) DAYS PRIOR WRITTEN NOTICE OF REDUCTION IN COVERAGE OR CANCELLATION OF THIS INSURANCE. B EXCLUSIONS. THE INSURANCE PROVIDED BY THIS ENDORSEMENT DOES NOT APPLY TO: 1 DAMAGES ARISING OUT OF ANY PROFESSIONAL SERVICES PERFORMED BY OR FOR THE ADDITIONAL INSURED, INCLUDING: (a) THE PREPARATION OR APPROVAL OF MAPS, PLANS, OPINIO ";; P7ECEigD YS, DESIGNS OR SPECIFICATIONS AND D(b) SUPERVISORY, INSPECTION OR ENGINEERING SERVICES. 2. LIABILITY ASSUMED BY THE ADDITIONAL INSURED. 6 MA, 3. THE COMPLETED OPERATIONS HAZARD. bEY ADDITIONAL INSURED CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD NEWPORT BEACH, CALIF. 92663 CLUB HOUSE =NUE STORM DRAIN IMPROVEMENT AND CHANNEL PLACE TIDAL STRUCTURE AND STORM DRAIN EXTENSION CONTRACT 412352 NOTHING HEREIN CONTAINED SHALL NE HELD TO .VARY, ALTER. WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, OR LIMITATIONS OF THE POLICY TO WHICH THIS ENDORSEMENT IS ATTACHED OTHER THAN AS ABOVE STATED. H BOR INSURAN CC P� SAN DIEGO, CALIFORNIA N„ 28TH .,,.,FEBRUARY, 1984 #5 RI ED RX.RA,ENT.TIY. LAB 608 (3177) too, -, (z-TT „oo) ORIGINA46NOORSEMENT `•� ENDORSEMENT INSURED G.R. FROST,4,INC, FROST CONSTRUCTORS, ET.AL PRODUCER PACIFIC INSURANCE AGENCY THE EFFECTIVE DATE OF THIS ENDORSEMENT IS MAY, 4, 1983 i s TYPE OF COVERAGE BUSINESS AUTOMOBILE POLICY /�RECFIYFD 01 DEPARiMM.. MAR 21'9984 (3 CITY NEWPORT81. CALIF. V NOTHING HEREIN CONTAINED SHALL BE HELD TO VARP,ALTER, WAIVE OR EXTEND ANY OF THE TERMS, EONDITIONS, OR LIMITATIONS OF.._.. THE POLICY TO WHICH THIS ENDORSEMENT IS ATTACHED OTHER THAN AS ABOVE STATED. - - ^ -- 9 ` . ,_ _ , -.. �:.r: -� _ —... _ .— ...... —__. .— _ :....n.e .,: ..� ....��..�:r. i$-' _ - .axe::+: -. ;f 41t � Livingston- Graham In Q 16080 Arrow Highway, Irwindale, Ca111oi�1 Telephones 681 -71' January 23, 1984 TO: CITY OF NEWPORT BEACH, Public Works Department ATTENTION: AUDITOR /CONTROLLER 3300 Newport Boulevard Newport Beach, California 92663 cc: UNITED STATES rIDELITY & GUARANTY COMPANY, w ATTENTION: MR. DONALD ROOP BCND #40- 0120 - 11878 -83 -3 2600 Nutwood Fullerton, California 92631 cc: G. R. FROST, INCORPORATED 18226 Highway 395 Perris, California 92370 REGARDING: G. R. FROST, INCORPORATED Work of improvement located at: Contract 42351 - Clubhouse Avenue Storn Drain Improvements & Channel Place Tidal Structure & Storm Drain Extension Stop Notice filed 11/9/83, $1,449.35 We are enclosing our Release of Stop Notice, relative to sub- ject work of improvement, which has been executed by B. A. COOPER, Credit Manager, no notarization required. LIVINGSTON - GRAHAM, INC. received payment in full on 11/333/84. OOP .J CREDIT MANAGER BAC /jm Enclosure Cc G 9 clry of NEWP(P,? BEACH, S CAtst•. ;�0 ,Release ®f Stop Notice JAN 251984w Vim. RECEIVED CITY CrRK TO: CITY OF NEWPORT BEACH, ATTN: AUDITOR /CONTROLLER Construction Lender (or party with whom Stop Notice was filed) 3300 Newport Boulevard, Newport Beach, California 92663 Address (FROST, G.R.) You are hereby notified that the undersigned claimant releases that certain Stop Notice dated 11/9/83 in the amount of S 1,449.35 against CITY OF NEWPORT BEACH as owner or public body and G. R. FROST, INCORPORATED as prime contractor in connection with the work of improvement known as . Contract #2352 — Clubhouse Ave Storm Drain Improvements & Channel Place Tidal Structure & Storm Draim Extension. in the City of Newport Beach Orange County of , State of California. Date January 23, 1984 Name ofOlaimant LIVINGSTONrGRAHAM, INC. ' �IFvm my By B. A. fcial � (official ctw VERIFICATION I, the undersigned, state: I am the CREDIT MANAGER ('Agent of "President of "A Partner of "Owner of etc.) the claimant named in the foregoing mechanic's lien; I have read said claim of mechanic's lien and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on January 23 , 19_L4 , at Irwindale California. B. AfSi -l:t� YJ;'YL ,m ItEll�nMA NF`�CGF:F. 1 f RICA FORM 4 (REV. 1 —e3) • IK l nousTRiei flSPHRLT �>�NfiypO n� ` GENERAL OFFICES: 6640 HAYVENHURST AVENUE, P.O. BOX 7607, VAN NUYS,CALIFORNIA 91409 •TELEP December 27, 1983 City of Newport Beach City Clerk's Office 330 Newport Blvd. Newport Beach, CA. 92603 VERIFIED STATEMENT OF RELEASE OF NOTICE T WITHH LD RECITAL: (213) 781 -6080 Date /a- a 9 CVanager N1 TO: ❑ en 3 ❑ Attorney ❑ Bidg. Dir. ❑ Gentery Dir. ❑P8 &RDir. p Pg Dir. c2 le Chief P..yWV Dir �7.6ther �ti�� On December 2, 1983 the undersigned forwarded to.. City of Newport Beach a Notice to Withhold for deliveries of asphaltic paving materials delivered at the request of Fst. Inc. to property owned y City of Newport Job Address: Clubhouse Avenue Storm Drain Improvement and Channel Place Tidal Structure and Storm Drain Extension C -2352 RELEASE: You are hereby authorized to release from Withhold any monies which you.are now holding by reason of said Stop Notice. STATE OF CALIFORNIA ) ss County of Los Angeles) INDUSTRIAL ASPHALT 1NC. Awl / YA I `i T.JrRIO--TT,:C e it anager T.J. MARRIOTT being first duly sworn, deposes and says:. that he is the Credit Manage of Industrial Asphalt Inc., the cl.aimant;that he has read the foregoing claim and knows the contents thereof; and that the same is true of his own knowledge; that he makes this verification for and on behalf of the claimant, and as agent thereof. /� �- — Subscribed and sworn to before me this :::no; n 'n . MI »a:n /litllhLh FFICIAL SEAL 27th day of December 1983 / C. B. COLLINS J NOTARY PUBLIC - CALIFORNIA PRINCIPAL d% OFFICE , IN Notary Public in and for said County and state, _0 -}- LOS ANGELES COUNTY i My Commission Expires August 19 ,1987 AIi N»»»,,,,, . .............................: 0 Date IIIDUSTRIRL c=11j TTO: ❑ FAayc b ��pcRr cF ❑ C c'slmen qC anager FC3 h, ASPHALT aBldg.Di E Bldg. Dir. C/� /v� g3*. ❑PB&RvDir. Ei 1Pi,�6 8 R❑ Di[[c�� rr 2 GENERAL OFFICES: 6840 MAYVENMURST AVENUE. Of$�I`19 Q9�YAN NUYS. CA LIFO I i [ (213761.6060 D hoT• uei 1983 City of Newport BeachIr�Lo Dec ro , City Clerk's Office her 330 Newport Blvd. Newport Beach, CA. 92OBIFIED STATEMENT OF RELEASE RECITAL: n ecember 2,. 1983 OF NOTICE TO WITHHOLD the undersigned forwarded to City of Newport Beach a Notice to Withhold for deliveries of asphaltic paving materials delivered at the request of G.R. Frost, Inc. to property owned by City of Newport Beach Job Address Clubhouse Avenue Storm Drain Improvement and Channel Place Tidal Structure and Storm Drain Extension C -2352 RELEASE: ol6u are hereby authorized to release from Withhold any monies which you are now holding by reason of said Stop Notice STATE OF CALIFORNIA SS: County of Los Angeles INDUSTRIAL ASPHALT INC. L.-M. Bakdr, Treasurer L.M. Baker Ieing first duly sworn, deposes and says: that he is. the Treasurer of Industrial Asphalt Inc., the claimant; that he has read the foregoing claim and knows the contents thereof; and that the same is true of his own knowledge; that he makes this verification for and on behalf of the claimant, and as a t the,7eof. r � L Subscribed and sworn to before me this L_ III. Baker 13th day of December 1983. ' +'II II II I I I1111111.I II II II II:I IIIIII �I III II I I I!1 111111!!III II I I I I I II ...... I II II I I I I I I II II III L` OFFICIAL SEAL ��m C. B. COLLINS NOTARY PUBLIC - CALIFORNIA 2 Noar Public in and for said County PRINCIPAL OFFICE IN and state. LOS ANGELES COUNTY My Commission Expires August 19, 1987 = • 1111 II 111111 II I I IIIIIIIIIIIIIIII IIIIIIIIII 1111111 III II IIII II I I III II II I 1 111111 II I II IIII II I I I I I IIIII� 0 I�IRDUSTRIAL flSPHflLT 0 GENERAL OFFICES: 6840 HAYVENHURST AVENUE, P.O.80% 160). VAN NUYS.CALIFORNIA CITY OF `\ NEWPORT BEACH, caOE � DEC 7 !Mw RECEIVED ` CITY CI.MA December 2, 1983 VERIFIED STATEMENT OF CLAIM AND NOTICE TO WITHHOLD TO: City of Newport Beach City Clerk's Office 330 Newport Blvd. Newport Beach, CA. 92603 181 -6080 Date eZ cMES SENT T0: ❑ Mayor ❑ Coul ' men ❑ rttor3ney er ❑ . Dir. ❑ GenSery Dir. ❑ RIB BRDir. ❑ Plan ing Dir. pe Chief yy Dir , p her 4„M, Re: Contract # 2352 12-19 �- YOU ARE HEREBY NOTIFIED to withhold from any monies and /or bonds due, or that may become due, from you for the construction of the building project or structure hereinafter described, a sum of money and /or bonds sufficient to pay INDUSTRIAL ASPHALT a sum of Two Thousand Twenty -Six and 18/100----- - - - - -- ars THAT INDUSTRIAL ASPHALT, a Corporation, as claimant, has furnished materials consisting of including cartage, in the delivery o same x nxaa xgq}a pmmtxltep$a to G.R. Frost, Inc. e contractors, or other persons acting by the authority of the owner. That claimant's materials, hereinabove referred to, and for which said claim is made, are materials which claimant furnished under an agreement with claimant was S. That said materials were furnished to be used and were actually used in the construction, alteration, or repair of that certain building, or structure, or improvements, to wit: ClubhousP AVPnnP Anti nthPr VArinim lnrAtinnc in the rit V. of NPwnnr+ Rosh County of Orange State of California, described as follows: Clubhouse Avenue Storm Drain Improvement and l!E_a_nn__eT_PTace Tidal Structure and Storm Drain Extension C-2352 Page One of Two Page Two of Two . That the owners and reputed owners of said structures, improvements and premises are: City of Newport Beach That said materials so furnished by claimant were of the value of $ 2 026.18 , which sum is and was the reasonable market value thereof; and that eac an all of said materials were used in, upon, or about the said construction of said building or structure; that the whole of said materials agreed to be furnished by said claimant was in the sum of $ 2,026.18 Work began on October 6, 1983 and was completed on October 25, 1983 That nothing has been paid on account of the above materials except $ fJONE , and there is still due, owing and unpaid to said claimant from said rotors or other persons acting upon the authority of the owner on account of said materials the sum of $2.026.18 , after deducting all just credits and offsets and which said sum of 2.026.18 has not been paid. Attmftdhmmm cxlacxa:xboa*xiazxEitecxam=z ) aR xixxxxxxxxxxxxxxxxxxxzxioxttRROclRdotIRRb: w k*Aeo*Wax3MRxx *xtbaxftn l(xCvdarx DATED: December 2, 1983 INDUSTRIAL ASPHALT T. RIOTT, Credit Manager STATE OF CALIFORNIA ) s COUNTY OF LOS ANGELES) T.J. Marriott, being first duly sworn, deposes and-says: That he is the Credit Manager of Industrial Asphalt, a Corporation, the claimant; that he has read the foregoing claim and knows the contents thereof; and that the same is true of his own knowledge; that he makes this verification for and on behalf of the claimant, and as agent thereof. Subscribed and sworn to before me this 2nd doy of Dec mber 1983 Notary Public in and for said County and State. C» I11 1......1:..,1::11 111x1.. 1. ........Ipl)1 ➢In,,a ➢)))rR %r011» »,x11111 »INn1)1. OFFICIAL SEAL C. B. COLLINS E •`® a NOTARY PUBLIC CALIFORNIA t PRINCIPAL OFFICE IN rx LOS ANGELES COUNTY My Commission Expires August 19, 1987 Ol xxn.n.nxx111nnIX1II IInnxll l llxmmnnmlllnx xlllxln.gnXnIIMMM111R 0 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH. CA 92663 -3884 TO: FINANCE DIRECTOR PUBLIC WORKS FROM: CITY CLERK DATE: August 1, 1983 SUBJECT: Contract No. C -2352 OFFICE OF THE CITY CLERK (714) 640 -2251 Description of Contract Clubhouse Ave. Storm Drain improvement & Channel Place Tidal Structure & Storm Drain Extention Effective date of Contract August 1 1983 Authorized by Minute Action, approved on July 11 1983 Contract with G. R. Frost, Inc. Address 24361 Markham Perris CA 92370 Amount of Contract $154,280.00 /Z" L Wanda E. Andersen City Clerk WEA:lr attach. 3300 Newport Boulevard, Newport Beach . ± 0 Livingston -Gra November 9, 1983 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Inc. NfWn��TroF � Arrow }IighwAyi F 2 C /reA litornia 91706-0943 681 -7101 • 960.5471 TO: CITY OF NEWPORT BEACH, Public Works Dept, Reported Owner 3300 Newport Boulevard ATTN: AUDITOR- CONTROLLER Newport Beach, California 92663 cc: UNITED STATES FIDELITY & GUARANTY COMPANY, Surety 2600 E. Nutwood ATTN: DON ROOP Fullerton, California 92631 BOND #40- 0120 - 11878 -83 -3 CC: G. R. FROST, INCORPORATED 18226 Highway 395 Perris, California 92370 REGARDING: G. R. FROST, INCORPORATED Work of Improvement located at: - Clubhouse Ave. Storm Drain Irrprovenents & Channel ace Ti Structure & Storm Our claim for unpaid materials: $1,449.35 Drain Extension Enclosed is our Stop Notice, relative to subject work of improvement, which has been executed by B. A. COOPER, Credit Manager. You are hereby notified to withhold sufficient funds held by you, on the above project to satisfy our claim in the amount of $ 1,449.35. CREDIT MANAGER BAC /jm Enclosure Date L p Bldg. Dir. ❑ GenSery Du. 0 Dir. ❑ Plan ing Du. ❑ P c D Thief q e er Ready APixc« Conerefe • Ro k • iaj,. d af, * Stop Notice NOTICE TO CITY OF NEWPORT BEACH, ATTN: Auditor– Controller (Name of Public Body or Lender) 3300 Newport Boulevard, Newport Beach, CA. 92663 (Address) (If Public Job — file with office of controller, auditor, or other public disbursing officer whose d it is to make payments under provisions of the contract.) S (1 f Private Job — file with responsible officer or person at office or branch of constructi teh r admim i e construction funds) Prime Contractor: G. R. FROST, INCORPORATED 4( "4: 1 `P Sub Contractor (If Any) 1 .•+,;,� � �� v:.,' •% Owner or Public Body: CITY OF NEWPORT BEACH la Improvement known as Contract #2352 – Clubhouse Avenue St T2-M�n (Name and address of project or work of improvement) =--� ments & Channel Place Tidal Structure & Storm Drain Extension. in the City of Newport Beach , County of Orange State of California. LIVINGSTON – GRAHAM, INC, claimant, a Corporation (claimant) (Corporation /Partnership /Sole Proprietorship) furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment or materials is (Name of Subcontractor /Contractor /Owner - Builder) G.R. FROST, INCORPORATED The kind of labor, service, equipment or materials furnished or agreed to be furnished by claimant was MINERAL AGGREGATES (describe in detail) 1,449.35 Total value of labor, service, equipment or materials agreed to be furnished .............$ Total value of labor, service, equipment or materials actually furnished is ...............$ 1,449.35 Credit for materials returned, if an $ – 0 – Amount paid on account, if any .................... ..............................$ – 0 – Amount due after deducting alljust credits and offsets . ..............................$ 1,449.35 YOU ARE HEREBY NOTIFIED to with4ol f ent monies held by you on the above described project to satisfy claimant's demand in the amount of ! ` , as provided in Sections 3156 through 3214 of the Civil Code, and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A bond not attached. (Bond required on private jobs — not on public jobs.) is /is not) Date ovember 9, 1983 NameofClaimant / LIVINGSTON – GRAHAM, INC. By rte/ K— m..-a27,ui B. A. 00 R CREDIT MANAGER (Official Capacity) VERIFICATION I, the undersigned, state: I am the CREDIT MANAGER ( "agent of', "president of', "a partner of', 'owner of', etc.) the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on Nove_mher 9 California. RICA FORM (REV. 3 -83) SM 19 83 , at Irwindale Q( 19 � 99�� ``'' B (Signature OPE "tCRDIgedMA�YAGER Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Newport Beach, CA. 92663 until 11:00 A.M. on the 15th day of June 1983, at which time such b ds shall be opened and read�or CLUBHOUSE AVENUE STORM DRAIN IMPROVEMENT AND PLACE TIDAL ! AND STORM DRAI e 2352 Contract No. $110,000 Engineer's Estimate • IR cq�P FORN/ Approved by the City Council this 23rd d /ay Of —May �, 1983 Wanda E. Andersen City Clerk Prospective bidders may obtain on at the office of the Public Works Newport Beach, CA 92663. For further information, call ION set of bid documents at no cost Department, 3300 Newport Boulevard, Stephen Luy or Gilbert Wong at 640- 2281. Project Engineer T u. �, ,. 0 . PR 1.1 CITY OF NEWPORT BEACH PUBLIC.WORKS DEPARTMENT CLUBHOUSE AVENUE STORM DRAIN IMPROVEMENT AND CHANNEL PLACE TIDAL STRUCTURE AND STORM DRAIN EXTENSION CONTRACT NO. 2352 PROPOSAL To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92663 -3884 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete Contract No. 2352 in accordance with the Plans and Special Provisions, and will take in full payment therefor the following unit prices for the work, complete in place, to wit: ITEM NO. QUANTITY AND UNIT ITEM DESM- P-TION UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 1. Lump Sum Guarding underground construction @ One Thnnsand Dollars and Cents $ 1.000.00 Per Lump Sum 2. Lump Sum Traffic control @ Five Hundred Dollars and Cents $ 500m Per Lump Sum 3. 434 Install 18" storm drain pipe Lineal Feet @ One Hundred Thirty. Dollars and Cents $ 130 00 $ 56.42n- An Per Linea Foot 4. 18 Lineal Feet Install 15" storm drain pipe @ One Hundred Thirty Dollars and Cents $ 130.00 $_ 20340- On PR 1.2• ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 5. 1 Construct junction structure No. 1 per Each City of Newport Beach Std. -310 -L Three Thnucand Dollars and Cents $ 3,000.00 $ 3,000.00 Each 6. 2 Construct curb inlet L - 9.0' per Each City of Newport Beach Std. -305 -L Three Thousand Dollars and Cents $ 3,000.00 $ 6,000.00 7. 1 Construct manhole No. 2 per City of Each Newport Beach Std. -307 -L Two Thousand Dollars and Cents $ 2,000.00 $_2,000.00 Each 8. 1 Connect 18" storm drain to bulkhead Each Three Thousand Dollars and Cents $ 3,000.00 $ 3,000.00 9. 1 Install 18" cast iron "Sluice Gate" Each $ Four Thousand Dollars and Cents $_ 4,000.00 $- 4,000.00 Each 10. 9 Construct Type "A" P.C.C. curb and gutter Lineal per City of Newport Beach Std. -182 -L Feet Twenty Dollars and Cents $ 20.00 $ 180.00 Per Lineal Foot • 0 PR 1.3 ITEM NO. QUANTITY AND UNIT ITEM DESCRIPTION UNIT PRICE WRITTEN IN WORDS UNIT TOTAL PRICE PRICE 11. 264 Install 36" storm drain pipe Lineal Feet @ One Hundred Thirty Dollars and Cents $ 130.00 $ 34.320.00 Per inea oot 12. Lump Sum Construct tidal structure with controls @ Thirty Nine Thousand Dollars and Cents $ 39,000.00 Per Lump Sum 13. 8 Construct groin panels and coping Lineal Feet @ Three Hundred Dollars and Cents $ 300.00 $2„4nn_nn Per Lineal Foot 14. 60 Construct P.C.C. sidewalk per Square City of Newport Beach Std. -180 -L Feet @ Two Dollars and Cents $ 2-nn $_ 120 no Per Square Foot TOTAL PRICE WRITTEN IN WORDS One Hundred Fifty -Four Thousand Two Hundred Eighty Dollars and No Cents CONTRACTOR'S LICENSE NO. 314110 DATE June 15, 1983 BIDDER'S TELEPHONE NO. (714) 657 -0633 :o ,i V.K. Mall 1NG. . BIDDER'S NAM C/C D CDnCT KTnCMT . BIDDER'S ADDRESS 24361 Markham Perris CA 92370 INSTRUCTIONS TO BIDDERS • Page 2 The following contract documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: 1. PROPOSAL 2. INSTRUCTIONS TO BIDDERS 3. DESIGNATION OF SUBCONTRACTOR(S) 4. BIDDER'S BOND (sum not less than 10% of total bid price) 5. NON- COLLUSION AFFIDAVIT 6. STATEMENT OF FINANCIAL RESPONSIBILITY 7. TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the Bidder's Bond. The title of the project and the words SEALED BID shall be clearly marked on the outside of the envelope containing the bid. Bids shall not be received from bidders who are not licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The low bidder shall also be required to possess a City of Newport Beach business license prior to execution of contract. Bids shall be submitted on the attached PROPOSAL.form. The additional copy of the PROPOSAL form may be retained by the bidder for his records. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of dis- crepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors or omissions in the PROPOSAL. Contract documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of the President or Vice President. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the con- tract. 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- 7.981- -in- clusive). The Contractor shall be responsible for compliance with Sect lot 1777.5 of the California Labor Code for all apprenticea�le occupations. - - - 314110 A G. R►IFROST, INC. ` Contr's Lic. No. & Classification Bid der lilk � —'--�- x/15/83 S /G. 4�WST, PRESIDENT Date Authorized Signature /Title • • Page 3 DESIGNATION OF SUBCONTRACTORS) The undersigned certifies that he has used bid(s) of the following listed subcontractor(s) in making up his bid,and that the subcontractor(s) listed will be used for the work for which they bid, subject to the approval of the Engineer and in accordance with the applicable provisions of the Specifications. No change of subcontractor may be made except with the prior approval of the Engineer and as provided by State law. Item of Work Subcontractor Address 1. NONE 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. G. N. FROST, INC. S /G. OST, PRESIDENT Au orized Signature Title,: 0 O ORIGINAL SEE CITY CLERK'S 10 Page 4 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, G. R. FROST. INC. as bidder, and United States Fidelity and Guaranty Company as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten Percent (10 %) of amount bid - - - - -- Dollars ($ 10% ), 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 bidder for the construction of Clubhouse Avenue Storm Drain Improvement and Channel Place Tidal Structure and Storm Drain Extension 2352 Title of Project Contract No. in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) from the date of the mailing of a notice to the above bounden bidder by and from said City that said contract is ready for execution, then this obligation shall become null and void; otherwise it is and shall remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any bidder above named executed this bond as an indi- vidual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 15th day of June 1983. 9 idde G. R. II NT- INC. r - (Attach acknowledgement of Attorney -in -Fact) S /G. R. FRO T, PRESIDENT S /Jane Emery Authorized Signature /Title Notary Public United States Fidelity & Guaranty Company Commission expires July 1. 1985 Surety By S /Don P. Minium Title Attorney -in -fact 0 NON - COLLUSION AFFIDAVIT • Page 5 The bidder, 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 arrange- ment or agreement 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 agreement 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 bidder from con- sidering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form-or character other than that which appears upon the face of the bid will be sug- gested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomso- ever 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. G. R. FROST, INC. R. FROST, P DENT ` iw tnorizpa bignature /title Subscribed and sworn to before me this 15th day of June , 19 83 My commission expires: July 1, 1985 S /Jane Emery Notary Public SEE * CLERK'S FILE COPY i STATEMENT OF FINANCIAL RESPONSIBILITY Page 6 The undersigned submits herewith a statement of his financial responsibility or agrees to submit a statement within 1 work day after the bid opening if the undersigned is the apparent low bidder. G. R., %ROSY; PRESIDENT Aut r zed Signature Title • 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. Year Completed For Whom Performed (Detail) Person to Contact Telephone No. G. R. FROST, INC. ^ dder- .. S /G. R. FRGS P ESIDENT uthorize Signature Tit e Page 8 NOTICE The following are samples of contract documents which shall be completed and executed by the successful bidder after he receives a letter of award from the City of Newport Beach: PAYMENT BOND (pages 9 & 10) FAITHFUL PERFORMANCE BOND (pages 11 & 12) CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 13, 14, 15) CONTRACT (pages 16 & 17) Since the City of Newport Beach will not permit a substitute format for these contract documents, bidders are advised to review their content with bonding, insuring and legal agents prior to sub- mission of bid. BONDING COMPANIES shall be acceptable as sureties in accordance with the latest revision of Federal Register Circular 570. INSURANCE COMPANIES shall be assigned Policyholders' Rating B (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Ke Ratin Guide: Property- Casualty. Coverages shall be provided for a TYPES OF INSURANCE checked on the CERTIFICATE OF INSURANCE. All costs associated with the specifications of these contract documents shall be absorbed in the bid. Such specifications shall include those contained in (1) each contract document and (2) the Standard Specifications for Public Works Construction.(latest edi- tion adopted for use in the City of Newport Beach T , except as supplemented or modified by the Special Provisions for this project. KNOW ALL MEN BY THESE PRESENTS, WHEREAS, the City Council motion adopted has awarded to Page 9 PAYMENT NT BOND. BOND NO 40- 0120 - 11878 -83 -8 That of the City of Newport Beach, State of California, by hereinafter designated as the "Principal ", a contract for Clubhouse Avenue Storm Drain Improvement and Channel Place Tidal Structure and Storm Drain Extension C -2352 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 G. R. Frost, Inc. as Principal, and United States Fidelity & Guaranty Company as Surety are held firmly bound unto the City of Newport Beach, in the sum of One hundred fifty four thousand, two hundred eighty and no cents Dollars ($ 154,280.00 ), 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 3250 of the Civil 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 10 Payment Bond (Continued) this bond, as required by the Provisions of Sections 8247 et. seq. of the Civil 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 to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instruwi' t has been duly executed by the Principal and Surety above named, on the 26th day of July 19 83 `(Seal.) Principal OCT.: e Authorized Signature and Title United States Fidelity & GuarantAseal) Name of urety P 0 Box 4250, Fullerton CA.'.,95236 4 Address of Surety < Approved as to form: rignatuftr-Ind Title of or z.e gent Pacific Insurance Xency P 0 Box 16902, Irvine CA 92713 ress of gent City Attorney (714) 549 -1718 i Telephone No, of gent r c i 0 CERTIFIED GOPY. GENERAL POWER OF ATTORNEY No........ 8 9 .............. Lwew on Aram by them Mawipl =_. - That UNITED STATES FIDELITY AND GUARiNTY COMPANY. a corporation orpoimd and esintioa order the Uwe of the Stan of Maryaed, and bating its principal a" at the City of Baltimore, in the State of Maryland. does hereby tona(itute and appoint Don P. Minium of the Cltyof Santa Ana .state of California ire tree and awful attorney in and for the State of California for the foibwins paepmes, to wit: To sign its aatm as sutery ta, and to oaeeme, alai and admowadaa wry and all bonds, and to iapeetively do and perform any and aR am and things act Toth in the revolution of &a Bard of Directors of she acid UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of wMA la hero annexed and made a pan of this Power of Attorney: and the said UNITED STATES FIDELITY AND GUARANTY COMPANY. theoush us, As Board of Dfeoetm% booby ndfies and confirms an and whataaxv the add Don P. Minium may awtaBy do In the pmaiow by these of thew pntmm. Is Whom Whereof. the add UNITED STATES FIDELITY AND GUARANTY COMPANY ban coined tbla Inurement w he toad with im owporam waL doh atewted by the siposma of fm Yfe•Pmoma aid Auwm Secretary," 18th day of May ,A.R1979 ( Signed) (SL) (Signed) STATE OF MARYLAND. ) BALTIMORE CITY. I as: UNITED STATES FIDELITY AND GUARANTY COMPANY. John Hamilton ........................... Ray H. Britt ...................��.5 ..... cam On the lath day of Vise Preaidat of the UNITED STATES FIDELITY AND GUARANTY John Hamilton COMPANY and Ray L. Br14tt Amismnt Secretary, of said Camp", with both of whom I am poeowlly acgwinmd; mho helot by ton aeteraBy duly awon, said that thg, tlm said John Hamilton and Ray H. Britt were nyeatieely the Vme.Pnaidat and the Amimant Secretary, of the said UNITED STATES FIDELITY AND GUARANTY COMPANY. the corporation dwarfbed m and wbicb eecmed the fortsoing Power of Attorney: that they each knew the coed of aid corporation: that the red atloted to said Power of Attorney was such corporate sal, that It wan an feed by order of the Board of Directors of said aosyornia, and that tbey aped char names thereto by like order a Vloe•Pre idant and Aminant Secretary, mwKueviy, of the Company. My eommiacnn expim the fiat day in Juh. A. D. 19..82 .. (SEAL) (Signed) ? Margaret M. Burst Namry Public. STATE OF MARYLAND SOL BALTIMORE CITY. L William Allen . Cask of the Superior Court of B aboere City. which Come a a Court of Record, and ban a oevl do booby eotlfy stmt Margaret M. Hurst . Faquire, before whom tba anumed alliclarito wait made, and wbo has thereto aa6oeribed Na dame, wat at the time of w doing a Notary Public of the Sum of Maryland, in and for the City of Baltimore, doh ammfmiaed and sworn and authorired by law to administer atm and take aalmowledgmeum, its prose of loads to be won" dwaim. I farther aartify that I am acquainted with the handwriting of the add Notary, and verily Were the aigumn to be hia *amino xwwrmra Is Teselaway Whorwal, I I e ear my kind and An the tad of do Superior Conn of Baltimore City, the same being a Court of Record. this 18th day of May , A. D. 1979 (SEAL) (Signed) ......... ... William „A11en Clerk at the Superior Cow” of "And" City. 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Laolo•,I agl ul pm Raua'J jo uamm0a alp p aaawl d alp w pm nuns pa mn a p Io aapmtuat aq+ aF Pua 'PualLaPl map aT0 aygs m awes aal aI pm 7l an Tae in :spogan Pua mwd q" a"MM pm wuafa wledde LmdwaD SM 3wp aaanaq IO wl "WIA pwawr 09 any 4ewwm a g 4" qr pgy uquz wn do Ld0D / ) / ( \ / c B § \ \ { ) \\ \ \\\ =\y \ § § \ \ ( } \� \k \\ �} }\ / & � a§. \\ �} & � \j\ Ul § � LLI � > { ) \( § � §)) ) °e ] «- w£ • Page 11 FAITHFUL PERFORMAN '-.BOND KNOW ALL MEN BY THESE PRESENTS, That BOND No. 40- 0120 - 11878 -83 -3 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted July 11, 1983 has awarded to G. R. FROST, INC. hereinafter designated as the "Principal ", a- ntract for Clubhouse Avenue Storm Drain Improvement and Channel Place Tidal Structure and Storm Drain Extension C -2352 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, G. R. Frost, Inc. as Principal, and United States Fidelity & Guaranty Company as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of One hundred fifty four thousand, two hundred eighty and no cents Dollars ($ 154,280.00 }, 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 0 0 0 Page 12 Faithful Performance Bond (Continued) 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 sutb principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 26th day of July , 19 83 G. R. Frost, Inc. ame of Contractor Authorized Signature and Title United States Fidelity & Guarant Seal) Name of Surety P O Box 4250, Fullerton CA 92634 Address of Surety P Signature and Ti le of A horiied Agent 1pp ved as t0 f�{..��--''oo.. Pacific Insurance Agency "" jj, P B x 16902 Irvine CA 92713 ddress of Agent City ttorney (714) 549 -1718 Telephone No. of Agent pal) - i e Authorized Signature and Title United States Fidelity & Guarant Seal) Name of Surety P O Box 4250, Fullerton CA 92634 Address of Surety P Signature and Ti le of A horiied Agent 1pp ved as t0 f�{..��--''oo.. Pacific Insurance Agency "" jj, P B x 16902 Irvine CA 92713 ddress of Agent City ttorney (714) 549 -1718 Telephone No. of Agent u �" 1. � -. / ': � '. _- _ -_. _^ - r r _ .A �nQ ..N •• �i F �i QI IW W Q U d' z w z P4 0 F b d $4 a� a m 0 S� d Q F d W d .O M co D\: rl; d Q) y C ro >,! h F3: U2 i z a 0 w 4J; U [r� � U o v f. q 3 � m yd as � y •SO�r y d J] .0 Y y 1.0 U W G D O d U A U O y U W O UJ � y � W � O a O! � � o 4) god y � Y d o a a O y N 0 bo o d x � y N oho C4 ak w 0 G M V m W g m 06 co CERTMED COPY GENERAL POWER OF ATTORNEY No. 89611 ..................... Kam sa Hats by data Prtsnwa Thu UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation orpnued and existing under the laws of the State of Maryland, and having its principal clear at the City of Baltimore, in the State of Maryland, does hereby constitute and appolat Don P. Minium of the my of Santa Ana ,State of California its tree and kwld attorney in and foe nits Staa of California for the following purpose, to wit: To sign is came as surety, to, and to eeeuts, asel and aelmowledga any and all bonds, and to respectively do and perform any and all acts and things to forth in the mslutiou of the load of DLeeters of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hesto maimed and toads a pan of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY. through no, its Road of Directors, hereby ratifies and confirms all and whatsoever the said Don P. Minium may brwlally do in tb psmlaes by vbtm of thew gsasaau to Finesse Faswaf, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has moved this imtrameat to be scalad with do c=Pmte smL duly atsstod by the signuv s of Its VIWPnddm% and Assistant Secretary. this 18th day of May . A A 19 79 UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) g.-..,John Hamilton (u") Ray H. Britt Aubou Secretary. STATE OF MARYLAND. BALTIMORE CITY, s' came On this 18th day of . VlwP�deut of the UNITED STATES FIDELITYmAND personally ARANTY John Hamilton COMPANY and Ray, g , Britt Assistant Secretary of said Company, with both of whom I am personally acquaba d, who being by me severaW duly swore said that dray, the said John Hamilton and Ray H. Britt wee respeadv4y the Vice.Prside at and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which mounted the foregoing Power of Attorney; that they each know, the and of aid corporation; that the and affixed to aid Power of Attorney was such corporate ssl, that it was a feed by order of the Board of Directors of aid corporation, and that they signed their names thereto by like order as VimPreddem and Assistant Secretary, respectively, of the Company. My commission expires the first day in Inky, A. D. 19..82 .. (SEAL) (Signed) Margaret M, Hrst ..0 ............................. Notary Public. STATE OF MARYLAND SCL BALTIMORE CITY. L William Allen . Cork of 'be Superior Cores of Baltimore City, which Court it a Come of Banned, and has a sal, do busby cordb that Margaret M. Hurst , Figaire, before whom the encased Adariu were made. and who has therein sobseribed his name, was at the time of w doing a Notary Public of the State of. Maryl end, in and for the City of Bakimme, duly commudi d and sworn and authorized by law to administer mtb and tab acknowledgments, or proof of deed, to be recorded tborsia I fortbr rectify that I am acquainted with the handwriting of the said Notary, and verily believe the agencies to be his puuiro signature. In rosNnsowy Fkarao/, I born sec my hand and affix the ad of the Superior Coon of Baltimore City, the same bang a Court ofReeord.this 18th day of May .A. D. 1979 (SEAL) (Signed) ............. W.illiam . . ...Alle n. . ........................... ............ . 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Noly[1'lOm A0 AdOD City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NAME AND ADDRESS OF INSURED • CERTIFICATE OF INSURANCE • Page 13 Company A HARBOR INSURANCE COMPANY Letter company B Letter PACIFIC COMPENSATION INSURANCE COMPANY company C Letter Company D • 18996 HIGHWAY ags Letter E his is to certify that policies of insurance listed below have been issued to the insured named bove and are in force at this time, including attached endorsement(s). ,OTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. ANCELLATION: Should any of the above described policies be cancelled or coverage reduced before the expiration date thereof, the•Insurance Company affording coverage shall provide 30 days' advance notice to the City of Newport Beach by registered mail, attentjon: Public Works Department. ;y Agency: Pacific Insurance Agency 7/26/83 Date Issue )escription of operations /locations /vehicles: All operations performed for the City of Newport teach by or on behalf of the named insured in connection with the following designated contract: Channel Place Tidal Structure and Store Drain Estension Contract N 2352 Project Title and Contract Number ;OTICE: This certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies, including attached endorsements. A Policy LIMITS OF LIABILITY IN THOUSANDS 000 . ro uc s OMPANY TYPES OF INSURANCE Policy Exp. ETTER COVERAGE REQUIRED No. Date Each JAg Completed Occurrence Operations GENERAL LIABILITY Bodily Injury $ $ x Comprehensive Form x Premises - Operations Property Damage $ $ A X Explosion & Collapse Hazard GLA160394 5/04/84 x Underground Hazard x Products /Completed Operations Bodily Injury Hazard and Property x Contractual Insurance Damage Combined $500 $ 500 [—xl Broad Form Property.Damage r-1 Independent Contractors x Personal Injury Marine Personal Injury $ 500 Aviation AUTOMOTIVE LIABILITY CE Comprehensive Form Bodily Injury $ (Each Person A DX Owned BA158022 5/01/84 $ Bodily Injury Each Occurrence [x Hired Proeerty Damage Bodily Injury and []x Non -owned Property Damage Combined $ 500 EXCESS LIABILITY A © Umbrella Form TUL675284 5/01/84 Bodily Injury Q Other than Umbrella Form and Property Damage Combined $ 5,000 $ 5,000 WORKERS' COMPENSATION I Statuto B EMPLOYER LIABILITY BR52988 111/03/83 Acc ident) 2 000 ,OTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. ANCELLATION: Should any of the above described policies be cancelled or coverage reduced before the expiration date thereof, the•Insurance Company affording coverage shall provide 30 days' advance notice to the City of Newport Beach by registered mail, attentjon: Public Works Department. ;y Agency: Pacific Insurance Agency 7/26/83 Date Issue )escription of operations /locations /vehicles: All operations performed for the City of Newport teach by or on behalf of the named insured in connection with the following designated contract: Channel Place Tidal Structure and Store Drain Estension Contract N 2352 Project Title and Contract Number ;OTICE: This certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies, including attached endorsements. A • • Page 15 CITY OF NEWPORT BEACH COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for Comprehensive General Liability, the City of Newport Beach, its officers and employees are additional in- sureds but only with respect to liability arising out of operations performed by or on behalf the named insured in connection with the contract designated below or acts and omissions of the City of Newport Beach in connection with its general supervision of such operations. The insurance afforded said additional insured shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision con- tained in the written contract, designated below, between the named insured and the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU "hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured named in paragraph I of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability Property Damage Liability ( ) Single Limit Bodily Injury Liability and Property Damage Liability Combined $ each occurrence $ each occurrence 500,000 each occurrence The applicable limit of the Insurance Company's liability for the insurance afforded for contractual liability shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insureds. The limits of liability as stated in this endorsement shall not increase the total liability of the Insurance Company for all damagesas the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to Comprehen- sive General Liability Insurance. 6. Should the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department 7. Designated Contract: Channel Place Tidal Structure and Storm Drain Estension Contract Project Title and Contract No. This endorsement is effective 07 -22-83 at 12:01 A.M. and forms a part of Policy No. C<A 160394 Named Insured G_R_ FROST, INC. Endorsement No. 2 -B Name of Insurance Company Pacific Inc. Agency. BY G AuthbT,Tzed Represe ative CITY OF NEWPORT BEACH AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT It is agreed that: Page 14 With respect to such insurance as is afforded by the policy for Bodily Injury and Property Damage Liability, the City of Newport Beach, its officers and employees are additional insureds but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded the additional named insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The limits of liability under this endorsement for the additional insureds named in paragraph 1 of this endorsement shall be the limits indicated below for either Multi- ple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability Property Damage Liability ( ) Single Limit Bodily Injury Liability and Property Damage Liability Combined $ each occurrence $ each occurrence $ 500,000 each occurrence The limits of liability as stated in paragraph 3 of this endorsement shall not in- crease the total liability of the Insurance Company for all damages as the result of any one accident or occurrence in excess of the limits of Liability stated in the policy as applicable to Automobile Liability Insurance. 4. Should the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 5. Designated Contract: Channel Place Tidal Structure and Storm Drain Estension Contract Project Title and Contract No.). This endorsement is effective Policy No. RA 158022 07 -22-83 Named Insured G.R. FROST, INC. at 12:01 A.M. and forms a part of Endorsement No. 2 -8 Name of Insurance Company Pacific Ins. Agency By_ � , Au zed Repres6n tive 0 0 1 • • Page 15 CITY OF NEWPORT BEACH UMBRELLA ROTyM@{MXR)0fl KXXXRl;@C➢MX INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for Comprehensive General Liability, the City of Newport Beach, its officers and employees are additional in- sureds but only with respect to liability arising out of operations performed by or on behalf the named insured in connection with the contract designated below or acts and omissions of the City of Newport Beach in connection with its general supervision of such operations. The insurance afforded said additional insured shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision con- tained in the written contract, designated below, between the named insured and the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU "hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured named in paragraph I of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability Property Damage Liability ( ) Single Limit $ each occurrence $ each occurrence Bodily Injury Liability $ 5,000 Mp each occurrence and Property Damage Liability Combined The applicable limit of the Insurance Company's liability for the insurance afforded for contractual liability shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insureds. The limits of liability as stated in this endorsement shall not increase the total liability of the Insurance Company for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to Comprehen- sive General Liability Insurance. 6. Should the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department 7. Designated Contract: Channel Place Tidal Structure and Storm Drain Estension Contract Project Title and Contract No. This endorsement is effective 07 -22-83 at 12:01 A.M. and forms a part of Policy No. Tut, 6752g4 Named Insured G.R. FROST, INC. Endorsement No. 2 —B i Name of Insurance Company Pacific Ins. Agency By AutWized Repres native • Page 16 CONTRACT THIS AGREEMENT, entered into this day of 19 , by and between the CITY OF NEWPORT BEACH, hereinafter "Ci— ty,'an FROST, INC. , hereinafter "Contractor, "is made with reference to the following facts: (a) City has heretofore advertised for bids for the following described public work: CLUBHOUSE AVENUE STORM DRAIN IMPROVEMENT AND CHANNEL PLACE TIDAL STRUCTURE AND STORM DRAIN EXTENSION 2352 Title of Project Contract No. (b) Contractor has been determined by City to be the lowest responsi- ble bidder on said public work, and Contractor's bid, and the compensation set forth in this contract, is based upon a careful examination of all plans and specifications by Contractor, NOW, THEREFORE, the parties hereto agree as follows: 1. Contractor shall furnish all materials and perform all of the work for the construction of the following described public work: CLUBHOUSE AVENUE STORM DRAIN IMPROVEMENT AND CHANNEL PLACE TIDAL STRUCTURE AND STORM DRAIN EXTENSION 2352 e of Project ect ontract No. which project is more fully described in the contract documents. Contractor shall perform and complete this work in a good and workmanlike manner, and in accordance with all of the contract documents. 2. As full compensation for the performance and completion of this work as prescribed above, City shall pay to Contractor the sum of One Hundred F Dollars ($ 154,280.00 )• This compensation includes 1 any loss or damage arising from the nature of the work; (2) any loss or damage arising from any unforeseen difficulties or obstruc- tions in the performance of the work; (3) any expense incurred as a result of any suspension or discontinuance of the work; but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated herein by reference as though set out in full and include the following: (a) Notice Inviting Bids (b) Instruction to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and endorsement(s) 0 ri • 0 Page 17 (f) Plans and Special Provisions for %ffiOURJEAME y%F�rTBIRIN 4 IMPROVEMENT AND CHANNEL PLACE TIDAL Title of Project tAILVIZILUN Contract No. '2352 (g) This Contract. 4. Contractor shall assume the defense of, and indemnify and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, except such loss or damage proximiately caused by the sole negligence of City or its officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. ATTEST: ity Clerk APPROVED AS TO ► r� J -Uk' 1, &_'a►, 'Tity Attorney CITY OF NEWPORT BEACH By or CITY 6. R. FROST INC. Contractor - _- By - Its By Its CONTRACTOR 0 0 CITY OF NEWPORT BEACH. PUBLIC WORKS DEPARTMENT INDEX TO SPECIAL PROVISIONS FOR CLUBHOUSE AVENUE STORM DRAIN IMPROVEMENT AND CHANNEL PLACE TIDAL STRUCTURE AND STORM DRAIN EXTENSION CONTRACT NO. 2352 SECTION PAGE I. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . . . 1 II. TIME OF COMPLETION . . . . . . . . . . . . . . . . . . . 1 III.. PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . 1 IV. ''NO PARKING TOW- AWAY" SIGNS . . . . . . . . . . . . . 1 V. PERMITS . . . . . . . . . . . . . . . . . . . . . . . . . . 2 VI. CONSTRUCTION SURVEY STAKING . . . . . . . . . . . . . . . . 2 VI1. NOTICES TO RESIDENTS . . . . . . . . . . . . . . . . . . . .. 2 VIII. WATER . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 IX. LIMITATIONS ON CONSTRUCTION . . . . . . . . . . . . . . . . 3 X. SURFACE AND GROUNDWATER . . . . . . . . . . . . . . . . . . 3 XI. STORM DRAIN . . . . . . . . . . . . . . . . . . . . . . . . 3 A. STORM DRAIN PIPE . . . . . . . . . . . . . . . . . . . . 3 B. TIDAL GATE . . . . . . . . . . . . . . . . . . . . . . . 4 C. TEMPORARY RESURFACING . . . . . . . . . . . . . . . . . 4 • • SP 1 of 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR CLUBHOUSE AVENUE STORM DRAIN IMPROVEMENT AND CHANNEL PLACE TIDAL STRUCTURE AND STORM DRAIN EXTENSION CONTRACT NO. 2352 I. SCOPE OF WORK The work to be done under this contract consists of the construction of storm drains, manholes, catch basins, tidal structure and appurtenant structures as shown on the plans. All work necessary for the proper completion of the con- templated improvements shall be done in accordance with (1) these Special Provisions, (2) the Plans (Drawings Nos. D- 5134 -S and D- 5136 -S), (3) the City's Standard S ecial Provisions and Standard Drawin s for Public Works Construction 1982 Edition and 4 the Standard S ecifications for Public Works Constructi (1982 Edition), including supp ements to date. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department for Five Dollars ($5). II. TIME OF COMPLETION The Contractor shall complete all work by October 1, 1983. The Contractor shall complete all work within sixty (60) consecutive calendar days following commencement of the specified work. It will be the Contractor's responsibility to ensure the availability of all materials prior to the start of work. Unavailability of materials will not be sufficient reason to grant the contractor an extension of time. III. PAYMENT The unit price or lump sum bid for each item of work shown in the proposal shall be full compensation for labor, equipment, materials and all other things neces- sary to complete the work. The substitution of securities for any payment withheld in accordance with Section 9 -3.2 of the Standard Specifications is permitted pursuant to Govern- ment Code Sections 4590 and 14402.5. IV. "NO PARKING TOW- AWAY" SIGNS The Contractor shall furnish, install, and maintain in place "NO PARKING TOW - AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least 40 hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division at (714) 644 -3742, for verification of posting at least 40 hours in advance of the need for enforcement. • . SP2of4 The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12 inches wide and 18 inches high; and (3) be similar in design and color to sign number R -38 on the CalTrans Uniform Sign Chart. The Contractor shall print the hours, day and date of closure in 2- inch -high letters and numbers. A sample of the completed sign shall be approved by the Engineer prior to posting. V. PERMITS The City has obtained the following approvals and permits which are available for inspection at the Public Works Department: 1. California Development Permits: California Coastal Commission. 2. Project Approval: California Regional Water Quality Control Board - Santa Ana Region (see also Section XII, Surface and Groundwater Control). The Contractor shall be responsible for making himself aware of and conducting his operations in accordance with the requirements of these approvals and per- mits. All costs involved in complying with these provisions shall be included in the price bid for the various items of work, and no additional compensation will be made therefor. The Contractor shall make arrangements for disposal of demolition and removals. Orange County EMA (Mike Miller, 834 -3505) has indicated that for a limited time, certain materials may be disposed of free of charge at Coyote Canyon landfill. VI. CONSTRUCTION SURVEY STAKING Field surveys for control of construction shall be provided by City. VII. NOTICES TO RESIDENTS Between 40 and 55 hours before closing or restricting local vehicular access to and from street or driveway approaches, the Contractor shall distribute to each affected residence a written notice stating when construction operations will start and approximately when vehicular accessibility will be restored. The written notice shall be prepared by the Engineer. The Contractor shall write in the applicable dates and hours of restricted vehicle access when he distributes the notices. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor renotifica- tion using an explanatory letter furnished by the Engineer. VIII. WATER The Contractor shall make provisions for obtaining and applying water necessary to perform his work. If the Contractor elects to use City water free of charge, it shall be his responsibility to make arrangements by contacting the City's Utilities Superintendent, Mr. Gil Gomez, at (714) 640 -2221. SP 3of4 , IX. LIMITATIONS ON CONSTRUCTION The Contractor shall construct those improvements from the Rialto Channel to Alley 335 -A prior to performing removals and construction on the remainder of Clubhouse Avenue to minimize any inconvenience to property owners in the area. Sawcutting and asphalt replacement need not be included in any phased construc- tion. X. SURFACE AND GROUNDWATER Groundwater or surface runoff water containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into the bay. History indicates that the subgrade may contain de- solved sulfide substance at the Channel Place storm drain site. XI. STORM DRAIN A. STORM DRAIN P The Contractor shall select either of the following alternative pipe materials and shall use the materials exclusively for the contract. 1. Reinforced Plastic Mortar Pipe (RPMP Pipe and fittings shall be manufactured by CorBan /Armco or approved equal. In addition, the RPMP shall conform to the applicable portion of ANSI /ASTM D 3262 -80 and ASTM D 3840 -79. The RPMP shall not deflect greater than 3% of pipe diameter. a. RPMP Installation RPMP laying shall be performed in accordance with the recommenda- tions of the manufacturer and applicable portion of D 3839 -79. Method of joining existing 36" A.C.P. stub at station 2 +63.43 shall be approved by the Engineer. b. Manhole Connecti Manhole connections shall be watertight. The RPM shall be cement - grouted to existing manholes. 2. Asbestos Cement Pipe (A.C.P.) Pipe and fittings shall be manufactured by J.M. A/C Pipe Corporation (formerly a division of Johns - Manville Sales Corporation) or approved equal. In addition, the A.C.P. shall conform to Section 207 -6.2 of the Standard Specifications. The A.C.P. shall have a minimum D -load of 2,500. a. A.C.P. Installati A.C.P. installation shall be done in accordance with the recom- mendations o f the manufacturer, J. M. A/C Pipe Corporation. 0 , SP4of4 Pipe Cutting Power driven saws with abrasive discs shall not be used for dry cutting or beveling asbestos cement pipe. Asbestos cement chips and cuttings from the field operations shall be disposed of in a manner that will not contribute airborne asbestos dust to the atmosphere. Loose material shall never be dry swept. Water or other dust sup- pressants shall be applied in those circumstances where sweeping is unavoidable. Manhole Connections Manhole connections shall be watertight. The A.C.P. shall be cement - grouted to existing manholes. TIDAL GATE Sluice Gate and Wall Thimble Sluice gate shall be cast iron, designed for 8 -foot unseating pressure, flush bottom seal, flatback, and with a non - rising stem. The gate shall conform to the requirements of AWWA -C 501 -80. Gate shall be equipped with adjustable bronze wedges and seating faces. All bronze castings shall be ASTM B -147 Alloy 8 A. Bronze seat facings shall be ASTM Designation B -21. All bolts, nuts, washers, guide angles, anchor bolts, couplers, and stem shall be made of ASTM A -276 Type 304 stain- less steel. Gate shall be Waterman Model QS 30 -8f NRS or approved equal. The wall thimble shall have a square flange formed of ASTM A- 126 -Class B cast iron. Installation of Gate Installation of the gate shall be in conformance with the manufacturer's instructions. Contractor shall make all necessary adjustments after installation to insure proper seating of the gate. 3. Electric Gate Operator The electric gate operator shall conform to the requirements of AWWA -C 501 -80, Section 31.5. The gate position indicator and electrical con- trols described in AWWA -C 501 -80, Section 3.15.13 shall be enclosed and mounted in a NEMA 4 waterproof metal cabinet. Contractor shall make all necessary adjustments for proper operation. All electrical in- stallations shall conform with the National Electrical Code and Division of Industrial Safety requirements. In addition, all wiring shall be color coded. TEMPORARY RESURFACING Paragraph 4, Section 306 -1.5.1 "Temporary Resurfacing" of the Standard Specifications shall be deleted and the following added: The cost of furnishing, placing, maintaining, removing and disposing of temporary resurfacing shall be included in the unit costs to in- stall the storm drain with trench resurfacing. All temporary resur- facing shall be 2" in thickness. / a 4 • TO: CITY COUNCIL • • BY THE CITY COUNCIL CITY OF NEWPORT BEACH JUL 111983 W P FROM: Public Works Department July 11, 1983 CITY COUNCIL AGENDA ITEM N0. F -3(a) SUBJECT: CLUBHOUSE AVENUE STORM DRAIN IMPROVEMENT AND CHANNEL PLACE TIDAL STRUCTURE AND STORM DRAIN EXTENSION (C -2352) RECOMMENDATION: 0, - d36LI- Award Contract No. 2352 to G. R. Frost, Inc., of Wilmington, California, in the amount of $154,280, and authorize the Mayor and the City Clerk to execute the contract. DISCUSSION: At 11:00 A.M. on June 15, 1983, the City Clerk opened and read the following bids for this project: Bidder Amount 1. G. R. Frost, Inc. $154,280 2. Fleming Engineering, Inc. $159,164 The low bid is 40% above the Engineer's estimate of $110,000. The reason for the disparity between the Engineer's estimate and the low bid appears to be that (1) the Engineer's estimate for the tidal structure may have been too low, and (2) fewer than expected bids were received due to the large number of projects which are currently being bid. Staff recommends award so that the project will be completed prior to next winter's storms, thus preventing further damage to City streets and to private property. G. R. Frost, Inc., the low bidder, has not performed previous contract work for the City; however, a check with their referents and the State Contrac- tor's License Board has shown successful completion of similar projects for other Southern California agencies and no action detrimental to Frost's con- tractor's licenses. Funding for award is proposed from the following accounts: Description Budget No. Amount Channel Place Tidal Structure 02- 3497 -251 $64,300 Clubhouse Avenue Storm Drain Replacement 02- 3497 -272 $30,000 July 11, 1983 Subject: Clubhouse Avenue Storm Drain Improvement and Channel Place Tidal Structure and Storm Drain Extension (C -2352) • Page 2 The balance of funding is provided from FY 1982 -83 appropriations reserve for the following projects: Description Morning Canyon /Seaward Road Storm Drain Harbor Street End Improvement Budget No. 02- 3497 -250 02- 4182 -052 Amount $33,401 (balance) A budget amendment has been prepared for Council consideration trans- ferring the above funds from the appropriations reserve to the project account. This project provides for: (1) the replacement of an inadequate and deteriorating storm drain system on Clubhouse Avenue between Rialto Channel and Short Street and (2) the construction of a storm drain extension with tidal structure at Channel Place and 44th Street (see attached exhibit). The proposed storm drain improvements will help relieve the flooding • which usually occurs during storms of high tide conditions. The plans and specifications were prepared by the Public Works Department. The estimated date of completion is October 1, 1983. Benjamin B. Nolan Public Works Director GW:jd Att. • 0 0 • C7 • • 51N `l Ui( -irf7N 'SPXV CAL rp a yP L q or jL, �pS 833 u DVS JbFL7R47 COVES LOA w . i D 3o o�� o voa pti PROJEC T - LOCATIONS CITY OF NEW PUBLIC WORKS ,� 6 . V �wly� . I;f e Z c ` � YOY �r L� Locw'/7 Dock TURNING �Fs� BASIN VIA < C All 51 �E OF CHANNEL PLACE AND 3 CLUBHOUSE AVE. STORM DRAINS ESN ti DRAWN S. L!f DATE 5-1.+ -ds APPROVED DRAWING NO.. EX!Nbit A \l� 4 ry.b � � j ioJ r3 _' LID q SANDS f F 833 u DVS JbFL7R47 COVES LOA w . i D 3o o�� o voa pti PROJEC T - LOCATIONS CITY OF NEW PUBLIC WORKS ,� 6 . V �wly� . I;f e Z c ` � YOY �r L� Locw'/7 Dock TURNING �Fs� BASIN VIA < C All 51 �E OF CHANNEL PLACE AND 3 CLUBHOUSE AVE. STORM DRAINS ESN ti DRAWN S. L!f DATE 5-1.+ -ds APPROVED DRAWING NO.. EX!Nbit A \l� 4 ry.b PR 1.1 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CLUBHOUSE AVENUE STORM DRAIN IMPROVEMENT AND CHANNEL PLACE TIDAL STRUCTURE AND STORM DRAIN EXTENSION CONTRACT NO. 2352 PROPOSAL To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, California 92663 -3884 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete Contract No. 2352 in accordance with the Plans and Special Provisions, and will take in full payment therefor the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITE- M— DE7SCRIPII0N UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Guarding underground construction @ I�G�.2� �k- aZ�Sc.� Do l 1 a rs and 2 Cents $ Per Lump Sum 2. Lump Sum Traffic control �_� @ ��✓-Z_ /`f� Dollars and Cents Per Lump Sum 3. 434 Install 18" storm drain pipe Lineal Feet @ p/v ®(nom iti.«C �/,�, Dollars and Cents Per Lineal Foot 4. 18 Install 15" storm drain pipe Lineal /� Feet @ GHQ /jam Dollars and Cents S ��4 $ _ 1.30 $ /3a $Z, 31/0 _ T J 1. PR 1.2 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 5 11 rJ 9. 10. 1 Construct junction structure No. 1 per Each City of Newport Beach Std. -310 -L @ �/Is -GC /l, az. Dollars and Cents 2 Construct curb inlet L - 9.0' per Each City of Newport Beach Std. -305 -L Dollars and Cents 1 Construct manhole No. 2 per City of Each Newport Beach Std. -307 -L $ 0� $p @ /�, r?y /. !�• r� Dol l ars and �2 rr Cents $ z cat, $ Each 1 Connect 18" storm drain to bulkhead Each @ 62 /`4,Y1Lc Dollars and Cents �� $ � 36" -7 c.r $ On Each 1 Install 18" cast iron "Sluice Gate" Each $ /�y �h �i u �cz p` Dollars and Cents dr $ ay Each 9 Construct Type "A" P.C.C. curb and gutter Lineal per City of Newport Beach Std. -182 -L Feet @ Dollars and Cents $ ZD " $ Md Per Lineal Foot • PR 1.3 ITEM QUANTITY ITEM DESCRIPTION UNIT NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 11. 264 Install 36" storm drain pipe Lineal /� Feet @ ag. ,j `7-- Dol 1 ars and is Cents $ 136 ` $ 32a ✓ Per Lineal Foot 12. Lump Sum Construct tidal structure with controls @ ollars and dr Cents $ <� Wd Per Lump Sum 13. 8 Construct groin panels dry¢, �9ping Lineal @ /�ti�ee_ 4K / C,/ Dollars and d-V CA- Cents $ 06 $ 2,yC6 —' Per Lineal Foot I 14. 60 Construct P.C.C. sidewalk per Square City of Newport Beach Std. -180 -L Feet @ �W Dollars do 01% and Cents $ Z $ 126 Per Square Foot TOTAL PRICE WRITTEN IN WORDS rah -�s� Dollars and Cents ?�d CONTRACTOR'S LICENSE NO. 3/ YliO BIDDER'S NAME T DATE. ` / 3 Cl iA,) b"- 0� 33 BIDDER'S TELEPHONE NO. _ AUTHOR ED GNAT /TITLE BIDDER'S ADDRESS 0 0 i� Page 2 INSTRUCTIONS TO BIDDERS The following contract documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: 1. PROPOSAL 2. INSTRUCTIONS TO BIDDERS 3. DESIGNATION OF SUBCONTRACTOR(S) 4. BIDDER'S BOND (sum not less than 10% of total bid price) 5. NON- COLLUSION AFFIDAVIT 6. STATEMENT OF FINANCIAL RESPONSIBILITY 7. TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the Bidder's Bond. The title of the project and the words SEALED BID shall be clearly marked on the outside of the envelope containing the bid. Bids shall not be received from bidders who are not licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The low bidder shall also be required to possess a City of Newport Beach business license prior to execution of contract. Bids shall be submitted on the attached PROPOSAL. form. The additional copy of the PROPOSAL form may be retained by the bidder for his records. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of dis- crepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors or omissions in the PROPOSAL. Contract documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of the President or Vice President. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the con- tract. 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 -79 8-1 in- clusive). The Contractor shall be responsible for compliance with Secti6n.1777.5 of the California Labor Code for all apprenticeable occupations. / Y &O Contr's Lic. No. & Classification B dder Date Autft ze ign at uf a /Title 0 0 • • Page 3 DESIGNATION OF SUBCONTRACTOR(S) The undersigned certifies that he has used bid(s) of the following listed subcontractor(s) in making up his bid,and that the subcontractor(s) listed will be used for the work for which they bid, subject to the approval of the Engineer and in accordance with the applicable provisions of the Specifications. No change of subcontractor may be made except with the prior approval of the Engineer.and as provided by State law. Item of Work Subcontractor Address 2. 3. 4. 6. 7. 8 9. 10. 1T. 12. .� i • UNITED STATES U y — y7/xpelR YgNp FIDE)_ N ARANTY COMPANY (A o any) BID BOND BOND NUMBER KNOW ALL MEN BY THESE PRESENTS: THAT G. R. Frost, Inc. ............................................. .....................1......... 40 -0120- 209 -79 930 North Goodrich Avenue Wilmington ... CA. ....... 907. 44 .................. ............................... as Principal , and UNITED STATES FIDELITY AND GUARANTY COMPANY, a Maryland corporation, as Surety, are held and firmly bound unto ........................................................... ............................... ................ .......................... C. 1t .Y-..o..f .... New.port. .... Beach ................................................................................................. ............................... as Obligee, in the full and just sum of.._Ten .Percent ,( 10 %) Of amount b11---- - - - - -- ............................................................................................ ............................... ----------------------------------------------------------- ................................................................................................................................................................................................... ............................... Dollars, lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal is herewith submitting its proposal Contract 2352 THE CONDITION OF THIS OBLIGATION is such that it the aforesaid Principal shall be awarded the contract the said Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of Is. the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between It.y.l the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform :he work if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. " jj Signed, sealed and delivered ..............b_�15�83 ..... ............................... (Date) A G. R. Fyoslt,o I4F. mcni ........Bia..._Date.: 61 15./ �_ 3 .......... ............................... .................... . Contract 11 (Revised) (1 -74) UNITED $'PATES FIDELITY AND GUARANTY COMPANY ................ L :...........!... ........................ Don P. Minium % Attorney -in -tact [7\ § ■2! ') ®EE gE R b X, tt ,I\fie / {2 . y , \ \ § )[) �:' // \ \� { } } \ CL cr ƒ§ � \ G . / \;to }� . \{ ƒ� \ §; \� E / / ) \ � ) 2 } j �m 2 /( G j 2 \ § \ § \ Q CERTIFIED COPY GENERAL POWER OF ATTORNEY No. 89611 linose all Men by dwa Prmeaat That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, don hereby constitute and appoint Don P. Minium of the City of Santa Ana , State of California its true and lawful attorney in and for the State of California for the following purposes, to wit: To sign its name w surety m, and to ezeeute, seal and acknowledge any and all bonds, and to respectively do and perform any and all am and things set forth in the revolution of the Bond of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which L hereto amazed and made a part of this Power of Attorney; sad the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoeser the odd Don P. Minium may lawfully do in the pswmlees by Olin of these prewnts. In Wfaess WhawoJ, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has cawed this imstmmeat to be scaled with its corporate seal. duly attested by the signatures of ite VicePreWout and Assistant Secretary, this 18th day of May ,A. D. 19 T9 ( Sig"d) (SEAL) (Signed) STATE OF MARYLAND. a: 8AL7IMORE CITY. UNITED STATES FIDELITY AND GUARANTY COMPANY. John Hamilton Yiee- PresidsK Ray H. Britt ........................ ............................... Aadsaats Secrowy. On this 18th day of May , A. D. 1979, before me personally came John Hamilton , VimPresidant of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Ray H. B r 7' t t Assistant Secretary of said Company, with both of m whom I a personally acquainted, who being ay me eevemlly duly sworn, said that they, the avid Jo h n H am i 1 t o n and Ray H. Britt were respectively the VimPrssidant and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each lmm the seal of said corporation; that the meal affixed to said Power of Attorney was Such corporate 5001, that it wm so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice•Preaddent and Assistant Secretary, tmpectively, of the Compaq. My commission aspires the fast day in July, A. D. 19 ..8... (SEAL) (Signed) .Margaret M. Hurst .................. ............................... Notary Public STATE OF MARYLAND ) j Sm BALTIMORE CITY. L William Allen , Cloth of the Superior Court of Baltimore City, which Conn L a Court of Record, sod has a seal. do beaeby certify, that Margaret M. Hurst . Esquire, before whom the smexed affidavits were made, and who bin tbereto subscribed his name, was at the time of so doing a Notary Public of the State of Maryland. in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer caths and take aclmowledgments, or proof of deeds to be recorded therein I farther certify that I am acquainted with the handwriting of the said Notary, and verily believe the signume to be his genuine signatnr . In Teariasoay Wha t, I berets set my hand and affix the ad of the Superior Court of Baltimore City, the same being a Coact of Record, this 18th day of May , A. D. 1979 (SSAIr) (Signed) 4iillia. Allen ............................... ............................... 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It nuah m waft m 'wv;- %g4Auoav m Laatmtt to nwed m totted Lm m!oddu of '[w mtmdam n! wpm ''a!tma=S wwpmv m! to am m LmamvS me qtr aopom!uw m nuopnud w!A m! ;o mgtro m umpmmd n! agrwan Put apogtnt •mop Lqum9 t! pm by Laedmo0 sup tu9t `PuolataN A 09 TugpuuolroN;o Lagos mp m pm *pear) ;o uwgmoa ogt;o twa!AWd aqt q Pm anmS Pm!uR vT !o WLHn!ataj °9t a! Pm 'Pm[UM UYIP mgto cimS m amvu nj q pm t! aq tat of [amgmt pm mrw qur *Amm v pm moaft tu!oddu Luwmr) tnp tugs ttammq ;o aopausatal [emaaga °47 m1 Ln g it 6�99d1 "YJ NOLLR7063N 10 A" • NON - COLLUSION AFFIDAVIT Page 5 The bidder, 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 arrange- ment or agreement 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 agreement 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 bidder from con- sidering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be sug- gested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomso- ever 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 5UA, day of (�,, A , 19Z. °U� My commission expires: JANE EMERY NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN OifANGE COUNTY 1 Commission Exp. July 1, 1985 Notary Public 0 • Page 6 STATEMENT OF FINANCIAL RESPONSIBILITY The undersigned submits herewith a statement of his financial responsibility or agrees to submit a statement within 1 work day after the bid opening if the undersigned is the apparent low bidder. . • Page 7 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character 1 to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed Detail Person to Contact Telephone No. O/A he e 0 EARNED CONTRACT REVENUES G. R..FROST, INC. STATEMENT OF PROFIT OR LOSS Quarter Ended March 31, 1983 COST OF EARNED CONTRACT REVENUES: Direct Expenses: $ 52,201 Supervision $ 25,682 Direct Labor 49,424 Payroll Taxes 6,239 Union Benefits 25,376 Maintenance 1,011 Worker's Compensation 12,253 Materials 375,487 Rentals 38,681 Auto /Truck Expense 4,396 Bonds 13,645 Gas & Oil 50,422 Plans & Permits 1,535 Subcontract 66,642 Subsistence 618 Citations & Claims 9,402 Miscellaneous 2,296 Total Direct Expenses 1,100 GROSS PROFIT Indirect Expenses: Small Tools & Supplies $ 52,201 Parts 6,289 Equipment Repairs 3,761 Outside Services 25,032 Maintenance -Yard 3,588 Uniforms 487 Administrative: Officer's Salaries 6,153 Office Salaries 11,937 Payroll Taxes 964 Office Supplies /Postage' 399 Professional Fees 13,671 Repairs - Office 30 Telephone /Utilites 5,870 Insurance 10,765 Interest Expense 13,294 Advertising 193 Travel & Entertainment 1,100 Dues & Subscriptions 686 Taxes & Licenses 19,001 Organization 200 Employee Benefits 2,000 Rentals & Leases 7,807 Miscellaneous 11,189 Total Indirect Cost NET PROFIT E $1,317;481 683,309 $634,170 196,617 437 ,'' s 0 G. R. FROST,.INC. BALANCE SHEET March 31, 1983 ASSETS CURRENT ASSETS: Cash Accounts Receivable - Trade, Billed $ 701,562 Retentions 288,422 Unbilled Work in Progress 133,BOO Stockholder Loan', Total Current Assets PROPERTY AND EQUIPMENT, AT COST: Land $ 107,500. Building 107,765 Construction Equipment 604,378 Transportation Equipment 247,497 Furniture and Fixtures 8,206 1,075,346 Accumulated Depreciation 526,655 Net Property and Equipment PREPAID ASSETS: State Fanchise Tax 1,000 Prepaid Interest 37,820 Total Prepaid Assets Total Assets r� U $ 20,168 1,123,784 213,524 1,357,476 548,691 38,820 $1,944,987 G. R. FROST, INC. BALANCE SHEET March 31, 1983 LIABILITIES AND STOCKHOLDER'S EQUITY CURRENT LIABILITIES: Notes Payable $ 55,000 Current Portion of Long Term Debt 114,663 Contracts Payable - Current Portion, 77,284 Accounts Payable 780,652 Deferred Income Taxes 214,659 Advance Billings 3,000 Accrued Payroll and Related Expenses 1,641 .Total Current Liabilities LONG -TERN DEBT: Trust Deed Note Payable Total Liabilities STOSKHOLDER'S EQUITY: Common Stock 6,000 Additional Pain -In Capital 35,003 Retained Earnings 502,464 Total Stockholder's Equity Total Liabilities and Stockholder's Equity 6 543,467 $1,944,981 THE NEWPORT ENSIGN PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, ss. County of Orange, 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 circula- tion, printed and published weekly in the city of Newport Beach, County of Orange, and which news- paper has been adjudged a newspaper of general circulation by the Superior Court of the County of Or- ange, 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 entire issue of said newspaper and not in any supplement thereof on the following dates to -wit: c) 57 /P�3 0 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Newport Beach, California, this day of 19 Q� yna7 Signat THE NEWPORT ENSIGN This space is for the County Clerk's Filing Stamp A Proof of Publication of PROOF OF PUBLICATION ,I a C BY THE CITY COUNCIL CITY Of NEWPORT BEACH May 23, 1983 MAY 23 1983 CITY COUNCIL AGENDA ITEM NO. F -12 ILL- TO: CITY COUNCIL FROM: Public Works Department SUBJECT: CLUBHOUSE AVENUE STORM DRAIN IMPROVEMENT AND CHANNEL PLACE TIDAL STRUCTURE AND STORM DRAIN EXTENSION (C -2352) RECOMMENDATIONS: 1. Affirm the Negative Declarations of Environmental Impact. 2. Approve the plans and specifications. 3. Authorize the City Clerk to advertise for bids to be opened at 11:00 A.M. on June 15, 1983. DISCUSSION: This project provides for: (1) the replacement of an inadequate and deteriorating storm drain system on Clubhouse Avenue between Rialto Channel and Short Street and (2) the construction of a storm drain extension with tidal structure at Channel Place and 44th Street (see attached exhibit). The proposed storm drain improvements will help relieve the flooding which usually occurs during storms or high tide conditions. Negative Declarations of Environmental Impact have been prepared by the Public Works Department and approved by the Environmental Affairs Committee. In addition, the staff has obtained the Coastal Zone permits for improvements at each location. The Engineer's estimate for the project is $110,000. Sufficient funds were budgeted in the current fiscal year to award the contract; how- ever, the funds are to be carried over to fiscal year 1983 -84 and the project will be presented to Council for award on July 11, 1983. The plans and specifications were prepared by the Public Works Department. The estimated date of completion is November 18, 1983. Benjamin B. Nolan Public Works Director GW:jd Att. N Ep+L06 kv oos CJ; •: :7�� !�' -' I rI l' "n /uy y'S>K 6'38x- �� ! Q QA COVES. Al /D SANDS BALE w ^ (, I- 1A 4p °oo O, m'``��`5�� b . b PROJEC T - LOCATIONS CrAi C I's A CITY CLUBHOUSE �l r T �\ ✓Oti L X,'&7Y ,WCk- 1 TURNING BASIN -Xe V, o`�✓dwc S � 1 � Opp ti tib,p9 \ S hb BEACH DRAWN S. L U Y DATE 5 -13 -83 MENT APPROVED AND IM DRAINS DRAWING NO. Exhibit A