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Home My WebLink AboutC-2413 - Stairways at Theater Arts Center, Begonia Park & Big Canyon ReservoirCITY OF NEWPORT BEACH April 19, 1985 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 McMaster Construction Co., Inc. 13224 Abana Place Cerritos, CA 90701 Subject: Surety: American Motorists Insurance Co. Bonds No.: 3 SM 572 640 Contract No.: C -2413 Project: Stairways at Theatre Arts Center and Big Canyon Reservoir Attn: Ray McMaster The City Council on March 25, 1985 accepted the work of subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice has been recorded. The Notice was recorded by the Orange County Recorder on April 1, 1985, Reference No. 85- 113223. Please notify your surety company that the bonds may be released 35 days after this date. Sincerely, /�2 Wanda E. Raggio City Clerk WER:pm cc: Public Works 3300 Newport Boulevard, Newport Beach PLEASE RETURN TO: City Clerk ��i�L �'� �4,* City of Newpddr Beach 3300 Newport Blvd. Newport Beach, CA 92663 -3884 85 - 113223 RECORDED IN OFFICIAL RECQHDS OF ORANGE COUNTY CALIFORNIA filvalri•aV L'aao 6t.k -112 PM APR 1'85 NOTICE OF COMPLETION CQ c v PUBLIC WORKS EXEMPT NE1:I" NO CONSIDERATION L c, ._• APR 'I o All Laborers and Material Men and to Every Other Person Interes RECEIVED CITY np n.rr , i•l..i:i t4 YOU WILL PLEASE TAKE NOTICE that on March 25 1985 the Public Works project consisting of Stairways at Theatre Arts Center a Big Canyon Reservoir (C -2413) on which McMaster Construction Co., Inc., 13224 Abana Place, Cerritos, CA 90701 was the contractor, and American Motorists Insurance Co., 1701 S. Euclid St., Anaheim, CA was the surety, was completed. VERIFICATION I, the undersigned, say: CITY OF NEWPORT BFACH Public Vorks Director I am the Public Works Director of the City of Newport Beach; the foregoing Notice of Completion is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on March 27, 1985. at Newport Beach, California. Public Works Director VERIFICATION OF CITY CLERK I. the undersigned, say: I am the City Clerk of the City of Newport Beach; the City Council of said City on Marsh 95, 1985 accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on March 27, 1985 at Newport Beach, California. I � -1�l erk City Clerk CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1769, NEWPORT BEACH, CA 92658 -8915 March 28, 1985 Lee A. Branch County Recorder P.O. Box 238 Santa Ana, CA 92702 Dear Mr. Branch: (714) 644 -3005 Attached for recordation is Notice of Completion of Public Works project consisting of Stairways at Theatre Arts Center and Big Canyon Reservoir, Contract No. 2413 on which McMaster Construction Co., Inc. was the Contractor and American Motorists Insurance Co. was the Surety. Please record and return to us. Sincerely, ) Wanda E. Raggio City Clerk WER:pm Attachment cc: Public Works 3300 Newport Boulevard, Newport Beach • TO: CITY COUNCIL • BY ThE CiTY COUNCIL CITY OF NEWPORT REACH MAR 2 51985 «J) March 25, 1985 CITY COUNCIL AGENDA ITEM NO. F -15 FROM: Public Works Department APP SUBJECT: ACCEPTANCE OF STAIRWAYS AT THEATRE ARTS CENTER AND BIG CANYON RESERVOIR (C -2413) RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after Notice of Completion has been filed. DISCUSSION: The contract for the construction of stairways at Big Canyon Reservoir and the Theatre Arts Center has been completed to the satisfaction of the Public Works Department. The bid price was: $74,134.00 Amount of unit price items constructed 74,264.00 Amount of change orders: 960.58 Total Contract Cost: $75,224.58 Funds were budgeted in the Park and Recreation Fund, Account No. 10- 7797 -063; and the Water Fund, Account No. 50- 9297 -171. One Change Order was issued to provide for installation of additional pull boxes and ground rods for the lights at the Theatre Arts Center. The contractor is McMaster Construction Company, Inc., of Cerritos, California. The contract date of completion was November 15, 1984. The railing materials for the Theatre Arts Center were not received until mid - January. They then had to be re- anodized to a uniform color. The installation was completed on February 15, 1985. The Standard Specifications provide for extensions of contra/ct� time when delays in obtaining materials are experienced. Benjamin B. Nolan Public Works Director ld TA 6 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (7141640-2251 TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: August 30, 1984 SUBJECT: Contract No. C -2413 Description of Contract Stairways at Theatre Arts Center and Big Canyon Reservoir Effective date of Contract August 30 Authorized by Minute Action, approved on August 13, 1984 Contract with McMaster Construction Co., Inc. Address 13224 Abana Place Cerritos. CA 90701 Amount of Contract $74,134.00 Wanda E. Andersen City Clerk WEA:Ir attach. City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 I • L U 7 i N -04-- 1 L= O ice+ U T O•r + u 3 U 0 i •r O d r Y rod C i J ro •r E O O 3 a) a) U L V (1) +H Y c N ro r i 4- C L •r O •r 0 3 ro N 0 o C) rnOF. C) ro ib u M -0 4- C C dr (t, (0 S- CL) E O 7 N • S- .1 N Q) O i) C a O 4- U•rY O i a) ro u a) N N 4. O_ L S- 4+ 4- a) ro a) O 0-0-c= +� C k) 4J N 7 C L 4- 0) O(L)OOC N O N V i O C > CL O O al O E E i a) C N E d O •r O a•r > U N S. +o O L a) ro i N Y > N d i a) C O 4- N QI 4- O L E 41 a)•r O 3 S- - •r o U u ro i N 3•r i N ro E L al aJ •r i ro^Y V c i C o O C L O ro ca O = 3 3 v a u o� �I 2 i M v N V City Clerk NOTICE INVITING BIDS 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 2nd day of August 1984, at which time such bids shall be opened and read for STAIRWAYS AT THEATRE ARTS CENTER AND BIG CANYON RESERVOIR Tit I e--o- e--o—f Project 2413 Contract No. $77.500 Engineer's Estimate • IN, \ v Approved by the City Council this 25th day of June , 1984 Wanda E. Andersen City Clerk Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663. For further information, call Lloyd R. Dalton at 640 -2281. Project Engineer • . PR 1.1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT STAIRWAYS AT THEATRE ARTS CENTER AND BIG CANYON RESERVOIR CONTRACT NO. 2413 PROPOSAL To the Honorable City Council City of Newport Beach 3300 Newport Boulevard 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 pr- poses to furnish all materials and do all the work required to complete Contract No. 2413 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 ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE THEATRE ARTS CENTER 1. Lump Sum Mobilization and clearing, etc. @ Eleven Thousand Dollars and No Cents $ 11,000.00 Per Lump Sum 2. 172 L.F. Furnish and install anodized railing @ Thirty -Five Dollars and No Cents $ 35.00 $ 6,020.00 Per Lineal Foot 3. 72 Risers Construct reinforced concrete steps @ One Hundred Thirty -Seven Dollars and No Cents $ 137.00 $ 9.864.00 Per Riser 4. 664 S.F. Construct sidewalk and landings @ Ten Dollars and No Cents $ 10.00 $ 6,640.00 Per Square Foot • ! PR 1.2 ;C -2413 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL- NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 5. 19 L.F. Construct variable height retaining wall, including perforated pipe drain and gravel @ One Hundred Forty Dollars and No Cents $ 140.00 $ 2,660 Per Lineal Foot 6. 30 L.F. Furnish and install chain link fence @ Fifty Dollars and No Cents $ 50.00 $ 1,500.00 Per Lineal Foot 7. Lump Sum Install lighting system Eight Thousand @ One Hundred Ninety Dollars and No Cents $ 8,190.00 Per Lump Sum BIG CANYON RESERVOIR 8. Lump Sum Mobilization and clearing, etc. @ Nine Thousand Seven Hundred Dollars and No Cents $ 9,700.00 Per Lump Sum 9. 110 L.F. Furnish and install removable railing @ Fifty Dollars and No Cents $ 50.00 $ 5,500.00 Per Lineal Foot 10. 82 Risers Construct steps with curbs @ One Hundred Thirty Dollars an No Cents $ 130.00 $ 10,660.00 Per Riser . • PR 1.3 C -2413 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 11. 240 S.F. Construct sidewalk and landings with curbs @ Ten Dollars and No Cents Per Square Foot TOTAL PRICE WRITTEN IN WORDS: Seventy -Four Thousand One Hundred Thirty -Four and No 397215 "A" Contractor's Lic. No. & C assification (213) 926 -2511 Bidders Telephone Number August 2, 1984 Date Dollars and Cents $ 10.00 $ 2,400.00 $74,134.00 McMaster Construction Co., Inc. Bidder S /Ray McMaster, President Authorized Signature/Title 13224 Abana Place Cerritos, California 90701 Bidder's Address • • 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 -7981 in- clusive). The Contractor shall be responsible for compliance with Section 1777. of the California Labor Code for all apprenticeable occupations. 397215 "A" Contr's Lic. No. & Classification August 2, 1984 Date McMaster Construction Co., Inc. S /Ray McMaster, President Authorized Signature /Title 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 1. Railing R. C. Enterprises Fullerton 2 Electrical Steiny Los Angeles 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. McMaster Construction Co., Inc. Bidder S /Ray McMaster, President Authorized Signature Title 0 ORIGINAL SEE CITY CLERK'S FIL OPY Page 4 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, McMaster Construction Co., Inc. , as bidder, and American Motorists Insurance Company , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Eight Thousand Five Hundred and No /100 Dollars ($ 8,500.00 ), 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 STAIRWAYS AT THEATRE ARTS CENTER AND BIG CANYON RESERVOIR 2413 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 27th day of July , 1984. (Attach acknowledgement of Attorney -in -Fact) S /Sharon K. Hoffman Notary Publ McMaster Construction Co., Inc. Bidder S /Ray McMaster, President Authorized Signature /Title American Motorists Insurance Company Commission expires April 17, 1987 Surety By S /Stephen C. Kolb Title Attorney -in -Fact 0 9 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. McMaster Construction Co., Inc. Bidder S /Ray McMaster, President Authorized Signature /Title Subscribed and sworn to before me this 2nd day of August , 1984. My commission expires: May 30, 1987 S /Steven M. Fields Notary Public • i Page 6 FOR ORIGINAL SEE CITY CLERK'S FILE COPY 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. On file with City Clerk. McMaster Construction Co., Inc. Bidder Way McMaster, President Authorized Signature /Title E • 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. U;tyof evel3 errly H1 s 1984 Subcontractor - Damon Const. Co. Joe Rullo (213)806 -3715 1984 Carnahan & Assoc. Tom Carnahan (213)430 -4076 City ot Alhambra 1984 Off -Site Improvement Ed Pratt (213)806 -3715 Los Angeles Co. Flood Control 1984 Walnut Creek Revetment Andy Kovasik (213)226 -4211 w� nnyc ice vv. vv� .vn � v 1984 Stairways 1D121,-PDO01 Mr. Arbogasp (213)226 -4211 Rancho Palos Verdes State of California H. A. Knippert, .E. 1983 Dept. of Transportation George Chale, R.E. (213)331 -6467 Foothill Blvd. Resurface Cleo Higgins, Inspector Contract No. 07- 331224 McMaster Construction Co., Inc. Bidder S /Ray McMaster, President Authorized Signature /Title NOTICE . Page 8 The following are samples of contract documents which shall be completed and executed by the successful bidder after he receives 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: Pro perty - Casualty. Coverages shall be prove a fior a S 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), except as supplemented or modified by the Special Provisions for this project. item= ni QQ418 VUCM 10110 90, 3 SN 372 640 • Page 11 Pa. 1 114Y3.00 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted has awarded to ALV= 13. 1994 INC. hereinafter designated as the "Principal ", a contract for STAIRWAYS AT TWBATRE ARTS CENTER AM SIG CW011 RESERVOIR (C -2413) 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 saiti contract; NOW, THEREFORE, We, ftasm CtffiS'!YilMUM CO.. Inc. as Principal, and RICAN MD?O1lISTS INSEWC[ C01Qdiff as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of LKA Y/+ Y*db o,ei 1 ! *:V; f%][,! V 1". t ♦V 0, I _W,V_o)X_1TST 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 Faithful Performance Bond (Continued) Page 12 of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the t0t6 day of 0 i. A pro d s to fo City Attorney , Authorized Signature and Title s 6c2C'r AMRRICAM NDTORIM UNIVRAMCM CM&AMT (Seal) Name of Surety Mt re Signatu a and Ti o Authorized Agent oTVM C. MDLD, ATTORMS! IN VACS Address of Agent Telephone No. of Agent 1 7- � >! \ \ \�( [l§!} 22 }7 §f} § 04 3 k 17 C: - )� { ƒƒ � J CL ) ;K >r \ { / ƒ� E })> k / �Iz= QE \) j\ ¥( (\ Q; 6 w b ; B m f Qak � \) {jk kS ° CD o a ~ n m � / K \ � g ■ k� ¥=waoe Zi / } / mPL =Q {z2§ \//7 ;0 } ` }m \2/ a $ / ^ ƒ £�{S; \ \ cr3 \ 0 m 0 x , \ CD Cl \ \ \D �� \ && x K }3 a 7 R ® ® ; \ $ ° CD o a ~ n m � / K \ � g ■ k� / } / / } a $ / ^ ƒ \ \ \ \ \ \ a 7 R ® ® ; \ $ ) _ � \ _��. 9 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That > 11O S72 640 Page 9 YR. IY I3 PBR1. am WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted AU6UST 1$.9 1984 has awarded to McMASTER CONSTRUCTION CO.. INC. hereinafter designated as the "Principal ", a contract for STAIRWAYS AT THEATRE ARTS CENTER AND BIG CANYON RESERVOIR jc 2aaa) in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his or its subcontractors, shall fail to pay for any materials, provisions, provender, or other supplies or teams used in, upon, for, or about the per- formance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We KeVA = 00.. I=. as Principal, and AXRUCAN NDlORIM =SURAM CWAVY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of IBM= TOUR TRW OM ONi TKWT FM AMD NO /100 Dollars ($ 7491,14,00 ), said sum being equal to 100 % of the estimated amount payable by the City of Newport Beach under the terms of the contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these 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 I r 0 Payment Bond (Continued) 0 Page 10 this bond, as required by the Provisions of Sections 3247 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 instrument has been duly executed by the Principal -and Surety above named, on the IM day of As"at 1904 Ap as to form: City ttorney \ Authorized ut orized S gnature and Tit1e.SeE�,eE7si4y AMICA1 ""RIM INBfAI M COMtAIR (Seal ) Name of Surety X02 S. =LID ST., AAAMM, CA, 92802 Address of Surety Signa re nd /Title of ut orized Agent =Xs 8!=TB1v1 C. LOL10 ATIORM Iii FACT Address of Agent Telephone No. of Agent } z 0 v c Q n C, C F m Z ; T -4 *0 b <_O >> Z o A a O j y M m 7 c to N ai3 ON 0 Z A O c F N cr - O 7 v C m ro n m A N b a D 7 ro w co 3 7 z ro p A ro ro n D e a b no 0 0 D� 03 a 0 n < n ° p� T O ° ry 2 7 b b D N O_ R n C O. D n 9b w 2 Z O s A J O. O ro ro n 0 d Z � <O � D Pi Or fl C�om s T n - g D YQp 2� C, C F m Z ; T -4 *0 b <_O >> Z o A a O j y M m 7 c to N ai3 ON 0 Z A O c F N cr - O 7 v C m ro n m A N b a D 7 ro w co 3 7 z ro p A ro ro n D e a b no 0 0 D� 03 a 0 n < n ° p� T O ° ry 2 7 b b D N O_ R n C O. D n 9b w 2 Z O s A J O. O ro ro § 0 o. 0 k a' 0 0 «� § D. ■ k \ ' f® e 0 x , CD - !;¥, §q | / M'Fi g� �$! �k� }G`■ �.Co � k�\;o,® - y f} ] a� m ( _ CL m - � , � \ / M, CL \ _ \ m }2 }} / ; G » a � _ }} }E ©/\�\ /2[2 �@ ) • [2 [ / ` \\ ) �� \` \ \�\ f | /§( / © \ } § 0 o. 0 k a' 0 0 «� § D. ■ k \ AMERICAN MOTORISTS • URANCE COMPANY • Home Office: Long Grove, IL 60049 GROUP POWER OF ATTORNEY U Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint • • • • Stephen C. Kolb and Annelie I. Douglass of Anaheim, California (EACH) * * * * ** its true and lawful agent(s) and attorney(s }in-fact, to make, execute, seal, and deliver during the period begin- ning with the date of issuance of this power and ending December 31, 1984, unless sooner revoked for and on Its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750, 000. 00)*********+►*+►**+ wr�r +*�► * * * *+► * * * * * * * * * * * * * * * * * * *w EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1984 This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said American Motorists Insurance Company on May 15, 1939 at Chicago, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Secretary as being in full force and effect: 'VOTED. That the President or am Vice President or Secrelary or any Assistant Secretary shall have poN%er and authonh to ap- point agents and attorneys in lael, and la dUIh0IIie them to execute on behalf of the company, and attach the seal at the Company thereto, buneb and undertakink,, rrcognizances, contracts of indemnity and other v%rilings obligator, in the nalure thereat, and any such officer at the company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Board of Directors of the company at a meeting duly called and held on the 22nd day of May, 1963: "VOTED, Thal the sIgnature of the Presidenl, am Vice President. Secretary or Assistant Secretary, and the Seal of the Com. pan, and the Certification b, am Seuetan ui Assuldnl Secrelao, mar be allixed by lacsimile on any pot,er of anoroer executed pursuant to rexrluhon adopted by the Board of DIreCIMN on May 16. 1962, and any wch potter so executed sealed and certified v%oh respect to any bond III undertaking to % %htch it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this2nd day of Aev rib r , 1982—. Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY l G. H. Kasbohm, Vice Press cent STATE OF ILLINOIS n COUNTY OF COOK J I, Genevieve B. Huff, a Notary Public, do hereby certify that G. H. Kasbohm and R. H. Johnson personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. My commission expires: May 5, 1986 Genevieve B. Huff, Notany Public rMII b2 682 rM PRINTED IN U.S.A. CERTIFICATION I, Sven L. Johanson, Secretary of the Aran Motorists Insurance Company, dd reby certify that the attached Power of Attorney dated Nov -m_a 1 qA2 on behalf of AtephAn C, Kolb and Annelie I. Douglass of Anaheim, CA (EACH) * * * * * ** is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said G.H. Kasbohm and R.H. )ohnson who executed the Power of Attorney as Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, I have hereu�q }�4pubsr�d my name and affixed the corporate seal of the American Motorists Insurance Company on this AUIi U ._day of 19 —. S,en L. lohanson, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. FOR INFORMATION CONCERNING THIS POWER OF ATTORNEY, CALL (312) 540 -2000, CONTRACT BOND DEPARTMENT; OR WRITE, CONTRACT BOND DEPARTMENT, KEMPER GROUP, LONG GROVE, ILLINOIS. 60049. City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NAME AND ADDRESS OF INSURED MC MASTER CONSTRUCTION CO. 13224 ABANA PLACE CERRITOS, CA. 90701 CERTIFICATE OF INSURANCE Page 13 INSURANCE COMPANIES AFFORDING COVERAGES Company A CNA INSURANCE COMPANIES Letter Company B CONTINENTAL CASUALTY COMPANY Letter Company Letter C FREMONT INDEMNITY COMPANY Company D Letter Company E Letter This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time, including attached endorsement(s). NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. CANCELLATION: 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 re ist mail, attention: Public Works Department. By: Agency: SADDLEBACK WEST INSURANCE ASSOC.INC. Autho 'zed Representative 8/17/8 Date Issue4 d Description of operations /locations /vehicles: All operations performed for the City of Newport Beach by or on behalf of the named insured in connection with the following designated contract: STAIRWAYS AT THEATRE ARTS CENTER & BIG CANYON RESERVOIR CONTRACT NO.2413 Project Title and Contract Number NOTICE: 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. F.3 Policy LIMITS OF LIABILITY IN THOUSANDS 000 COMPANY TYPES OF INSURANCE Policy Exp. Ag . ro uc s/ LETTER COVERAGE REQUIRED No. Date Each Completed Occurrence Operations GENERAL LIABILITY Bodily Injury $ $ Comprehensive Form A Premises - Operations CCPOS /4/85 Property Damage $ $ Explosion & Collapse Hazard Ix 21605 Underground Hazard 25 Products /Completed Operations Bodily Injury Hazard and Property x Contractual Insurance Damage Combined $ 300, $ 300, x Broad Form Property Damage x Independent Contractors x Personal Injury Marine Personal Injury $ 3 00, Aviation AUTOMOTIVE LIABILITY xU Comprehensive Form Bodily Injury $ BUA02 (Each Person 0 Owned 22455 9/4/85 $ o i y njury B 84 Each Occurrence 0 Hired Pro ert Dama e o t y njury and 0 Non -owned Property Damage Combined $600, EXCESS LIABILITY ❑ Umbrella Form Bodily Injury ❑ Other than Umbrella Form and Property Damage Combined $ $ WORKERS' COMPENSATION Statutor C EMPLOYERr'S LIABILITY N8414 2031 9/4/85 K11111111111 2,000 Each NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. CANCELLATION: 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 re ist mail, attention: Public Works Department. By: Agency: SADDLEBACK WEST INSURANCE ASSOC.INC. Autho 'zed Representative 8/17/8 Date Issue4 d Description of operations /locations /vehicles: All operations performed for the City of Newport Beach by or on behalf of the named insured in connection with the following designated contract: STAIRWAYS AT THEATRE ARTS CENTER & BIG CANYON RESERVOIR CONTRACT NO.2413 Project Title and Contract Number NOTICE: 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. F.3 • • Page 14 CITY OF NEWPORT BEACH AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. 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. ( x) Multiple Limits Bodily Injury Liability $ each occurrence Property Damage Liability $ ( ) Single Limit occurrence Bodily Injury Liability $ 600 ,000 each occurrence and Property Damage Liability Combined 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: STAIRWAYS AT THEATRE ARTS CENTER & BIG CANYON RESERVOIR Project Title and Contract No.). CONTRACT #2413 This endorsement is effective 8/17/84 at 12:01 A.M. and forms a part of Policy No.13UA022245584• Named Insured MC MASTER CONSTRUCTION CO. Endorsement No. Name of Insurance Company SADDLEBACK WEST INS Authorized Representative 0 CITY OF NEWPORT BEACH 0 COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: Page 15 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 (X) Single Limit $ each occurrence $ each occurrence Bodily Injury Liability $ 300.000 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:STARIWAYS AT THEATRE ARTS CENTER & BIG CANYON RESERVOIR Project Title and Contract No. CONTRACT #2413 This endorsement is effective 8/17/84 Policy No.CCP2160525 at 12:01 A.M. and forms a part of Named Insured MC MASTER CONSTRUCTION CO. Endorsement No. Name of Insurance Company SADDLEBACK WEST INS. By ,L� Auto horized Representative 0 CONTRACT • Page 16 THIS AGREEMENT, entered into this��,day of 19, by and between the CITY OF NEWPORT BEACH, hereinafter "City, McMASTER CONSTRUCTION CO. INC. hereinafter "Contract , "is made with reference to the following facts: (a) City has.heretofore advertised for bids for the following described public work: STAIRWAYS AT THEATRE ARTS CENTER AND BIG CANYON RESERVOIR 2413 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: STAIRWAYS AT THEATRE ARTS CENTER AND BIG CANYON RESERVOIR 2413 Title of Project Contract 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 SEVENTY -FOUR THOUSAND ONE HUNDRED THIRTY -FOUR AND NO /100 ($ 747134.00 This com ensation 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) (f) Plans and Special Provisions for 'ER AND BIG CANYON RESERVOIR e (g) This Contract. Page 17 STAIRWAYS AT THEATRE ARTS Contract No. 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: City'Clerk APPROVED AS TO FORM: '..1 4 CITY OF NEWPORT BEACH By — Mayor CITY MCMASTER CON CTION CO., INC. o t for By Its Its ' CONTRACTOR o � z m c z p 0 n a �.a t n O y^ o o y H 0 0 0 m D 0 X z 0 f r' m 0 c� 3 m z z o �a ;o ❑Q• r O m Z3 m - m v m c� ma ' - ° m a N N a n w m `. 3 0. = m ' -N r O 0 3 m m ' O [\ O y 0 0 z f y £ £ £ o m 9 > O. O. > O S N p G O o n . U 3 X c N O C N O n m m lay m - m o m . w = ° O D ?. o' o 3 o d \ l o m n m C N 1 \V\ D � m \ x y rt ON a O m D 0 m m 3 0 0 0 m D 0 X z 0 f r' m 0 c� 3 m z z o CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX TO SPECIAL PROVISIONS FOR STAIRWAYS AT THEATRE ARTS CENTER AND BIG CANYON RESERVOIR CONTRACT NO. 2413 SECTION PAGE I. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . . . 1 II. COMPLETION, SCHEDULE, AND PROSECUTION OF WORK . . . . . . . 1 III. PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . I IV.. CONSTRUCTION SURVEY STAKING . . . . . . . . . . . . . . . . 1 V. PROTECTION OF EXISTING UTILITIES AND STRUCTURES . . . . . . 1 VI. WATER . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 VII. SHOP DRAWINGS . . . . . . . . . . . . . . . . . . . . . . . 2 VIII. CONSTRUCTION DETAILS . . . . . . . . . . . . . . . . . . . 2 A. Mobilization and Clearing, Etc . . . . . . . . . . . . . 2 B. Concrete and Masonry Construction . . . . . . . . . . . 3 C. Concrete Sidewalk . . . . . . . . . . . . . . . . . . . 3 D. Reinforced Concrete Steps and Landings . . . . . . . . 3 E. Metal Railings . . . . . . . . . . . . . . . . . . . . 3 F. Chain Link Fence . . . . . . . . . . . . . . . . . . . 4 G. Miscellaneous Work . . . . . . . . . . . . . ... . . . 4 H. Lighting . . . . . . . . . . . . . . . . . . . . . . . 4 I. Cleanup and Restoration of Existing Improvements . . . 4 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR • SP 1 of 4 STAIRWAYS AT THEATRE ARTS CENTER AND BIG CANYON RESERVOIR CONTRACT NO. 2413 I. SCOPE OF WORK The work to be done under this contract consists of clearing three sites and constructing stairways and sidewalks with handrails and miscellaneous appur- tenances, all as shown on the plans and specifications. The contract requires completion of all work in accordance with these Special Provisions, the Plans (Drawing M- 5236 -S), the City's Standard. pecial Provi- sions and Standard Drawings for Public Works Construction, 982 Edition, and the Standard Specifications Standard Specifications for Public Works Con- struction, 1982 Edition). Copies of the Standard Specifications may be pur- chased at Buildin News, Inc., 3055 Overland Avenue, Los Angeles, California 90034; telephone ?213) 870 -9871. Copies of the City's Standard Special Provi- sions and Drawings may be purchased at the Public Works Department. II. COMPLETION. SCHEDULE. AND PROSECUTION OF WORK The Contractor shall complete all work within 45 consecutive calendar days after commencement of construction or by November 15, 1984, whichever occurs first. The Contractor shall complete work at each stairway site, including cleanup, within 30 consecutive calendar days after commencement of construc- tion at that site. III. PAYMENT The unit or lump sum price for each item of work shown on the proposal shall be considered as full compensation for all labor, equipment, materials, and all other things necessary to complete the work in place, and no additional allowance will be made therefor. Payment for incidental items of work, not separately provided for in the proposal, shall be included in the price bid for related items of work. IV. CONSTRUCTION SURVEY STAKING Field surveys for control of construction shall be provided by the Contractor. V. PROTECTION OF EXISTING UTILITIES AND STRUCTURES Known utilities are indicated on the plans. Prior to performing construction work, the Contractor shall request each utility company to locate its facili- ties. The Contractor shall protect in place and be responsible for, at no additional cost to the City, any damage to utilities encountered during con- struction of the items shown on the plans. • VI. WATER • SP2of4 The Contractor shall make his own provisions for obtaining and applying water necessary to perform his work. If the Contractor desires to use avail- able City water, it shall be his responsibility to make arrangements for delivery by contacting Mr. Gil Gomez at (714) 640 -2221. Water for such use is provided by the City free of charge. VII. SHOP DRAWINGS General. The Contractor shall furnish to the Engineer such shop drawings, materials, als, and samples as required herein. All shop drawings, materials and samples shall be submitted to the Engineer for review in accordance with Section 2 -5.3 of the Standard Specifications. Shop Drawings and Data Defined. Shop drawings include without limitation, shop detail, fabrication drawings, materials and anodizing samples for hand railings and lighting. They shall contain all details required for fabrica- tion and shop notes at a reasonable scale. VIII. CONSTRUCTION DETAILS A. Mobilization and Clearinq. Etc. This work shall be performed in accordance with the applicable require- ments of Subsection 300 of the Standard Specifications. Earthwork at Big Canyon Reservoir and Theatre Arts Center sites shall re- quire the upper 12 to 18 inches of fill disturbed by roots and /or rodent burrow to be removed and replaced with competent on -site material as compacted fill with a minimum relative compaction of 90 %. Soils reports are on file at the Engineer's office. Soils at Big Canyon Reservoir and the Theatre Arts Center sites are suit- able for backfill. Soils used in backfill shall be non - expansive with no large rocks or portions of bedrock contained in it. Excess earth on all three sites may be disposed on site as directed by the Engineer or off site at the Contractor's sole expense. Big Canyon bricks shall be salvaged, cleaned of cement grout and soil, and stockpiled at the site shown on the plans. Dowels on both locations shall be coated with "Thorite" or equal approved by the Engineer prior to insertion into drilled holes. Payment for all labor, materials, equipment and incidentals required to complete all work mentioned in Section VIIIA shall be included in the respective bid items for Mobilization and Clearing, etc. L C • , SP3of4 Concrete and Masonry Construction Concrete block walls at the Theatre Arts Center shall be constructed using Grade "A" structural blocks conforming to ASTM C90. Color and finishing shall match existing block work. Steel shall be deformed bars conforming to ASTM A615, Grade 40. Concrete shall be transit mixed, Class 560 -C -3250, with a maximum slump of four inches (4 "). Pumping of prequalified mixes may be permitted with prior approval of the Engineer. Concrete Sidewalk Concrete shall be transit mixed, Class 520,C -2500, with a maximum slump of four inches (4 "). Pumping of prequalified mixes may be permitted with prior approval of the Engineer. D. Reinforced Concrete Steps and Landings Concrete shall be transit mixed, Class 560 -C -3250, with a maximum slump of four inches (4 "). Pumping may be permitted with prior approval of the Engineer. E. Metal Railings All railings shall be aluminum to meet CAL -OSHA specifications. Big Canyon Reservoir site: Finish - Clear anodized Alumilite 215 -R1 with a minimum coating thickness of 0.8 mils. Installation - Removable rectangular 2 -rail with disconnect sections, maximum 12' length set in flush sleeves Manufacturer - J. G. Braun (800) 323 -4072, Vanrail Economy Railing; or Construction Specialities, Inc. (714) 855 -8577, Rigid Rail IV. Theatre Arts Center site: Finish - Bronze anodized Duranodic 300 -R1 with a minimum coating thickness of 0.7 mils. Installation - Permanent 2 -rail 1.9" diameter, schedule 40, set in "Quik -Rok" or "Por -Rok" fast - setting concrete. Manufacturer - Construction Specialities, Inc.. (714) 855 -8577, RigidRail III; Architectural Art Manufacturing, Inc. (213) 254 -6708, Slip Fit Rail; or Craneveyor Corporation (213) 442 -1524, CV Pipe Rail. • SP4of 4 F. Chain Link Fence Chain link fence shall be constructed to match existing heights, weight, etc. Existing fence may be salvaged and reused. Install terminal and angle posts to match existing construction. New fence shall be per Section 206 -6 of the Standard Specifications. G. Miscellaneous Work Costs for adjusting irrigation controls and valve covers to grade, flush mounting "quick coupler ", and planter modifications, etc., at the Theatre Arts Center site, as well as all concrete cutting, shall be absorbed in the various items of work, and no additional compensation will be allowed therefor. H. Lighting Concrete for fixture foundations shall be Class 560 -0 -3250, with a maximum slump of four inches (4 "). All conduit may be schedule 40 PVC except the portion under the driveway to the existing street light pull box power supply location. This reach shall be bored and shall require rigid galvanized steel conduit. Con- ductors and ground shall be #8AWG solid copper wire. All splices shall occur in pull boxes. The Engineer will energize the system at no expense to the Contractor. I. Cleanup and Restoration of Existing Improvements Cleanup and restoration of existing improvements, including landscape, at each site shall be in strict accordance with Sections 7 -8 and 7 -9 of the Standard Specifications. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT STAIRWAYS AT THEATRE ARTS CENTER AND BIG CANYON RESERVOIR CONTRACT NO. 2413 PROPOSAL To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 -3884 Gentlemen: PR 1.1 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 pr- poses to furnish all materials and do all the work required to complete Contract No. 2413 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 ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE THEATRE ARTS CENTER Lump Sum Mobilization and clearing; etc. @ z&e1�Dol l ars and �a ' Cents $ Per Lump Sum 172 L.F. Furnish and install anodized railing @ Dollars and 'f J Cents $ Per Lineal Foot 72 Risers Construct reinforced concrete steps @ l ars and �ldZl��prJ Cents $ lam% $ Per Riser 4. 664 S.F. Construct sidewalk and landings @ li �' . Dol l ars and 'I � �a lGr Per Square Foot Cents $ • C -2413 • PR 1.2 ITEM UANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 5. 19 L.F. Construct variable height retaining wall, including perforated pipe drain and gravel @ � _Do IIars and ` � Cents $ Per Lineal Foot 6. 30 L.F. Furnish and install chain link fence @�, Dollars and Cents $ Per Lineal Foot 7. Lump Sum Install lighting system @l aG l��fcl "fll�GL.G�s'� < Bol l ars y and Cents BIG CANYON RESERVOIR 8. Lump Sum Mobilization and clearing, etc. @ Dollars and �2Cd te, Cents -Per Lump Sum 9. 110 L.F. Furnish and install removable railing @ 'e Dollars and Cents Per Lineal Foot $ yl� 10. 82 Risers Construct � steps with curbs @�,1'2C�lzfL�l�LI��G2�C1? Dollars 7 and r z- �'� Cents $ Per Riser • • PR 1.3 C -2413 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 11. 240 S.F. Construct sidewalk and landings with curbs @ Dollars and Cents $ Per Square Foot TOTAL PRICE WRITTEN IN WORDS: Contractor's Lic. No. & Classification Bidder's Telephone Number 9)-";2 -8�/ Date )olIars and Cents M MA rbEK C0&61etlC.T/on) CO Bidder Authorize S'gnature /Tit e �eCS�o Lr� / 3aa `,l P,6-' (2 C-- )eKt-ToS C,4/ -1F. X070/ Bidder's Addres • • 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 -7981 in- clusive). The Contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. Contr's Lic. No. & Classification Bidder i Date { Au ori$ed Signature /TitleTec-S/ Jr�% • • Page 3 DESIGNATION OF SUBCONTRACTORS) The undersigned certifies that he has used bid(s) of the following listed subcontractor(s) in making up his bid,and that the subcontractor(s) listed will be used for the work for which they bid, subject to the approval of the Engineer and in accordance with the applicable provisions of the Specifications. No change of subcontractor may be made except with the prior approval of the Engineer and as provided by State law. Item of Work Subcontractor Address C 2.tpic —tc 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. E.IJT • • Page 4 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, , as bidder, and as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Dollars ($ ), 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 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 , 19 (Attach acknowledgement of Attorney -in -Fact) Notary Public Commission expires M Title Authorized Signature /Title day }1i eCt All GGt[ajnenCe Io.BID DATE: 8/2/84 BOND NO. 3 SM 572 179 -7 AL BAhN BON 1101 So. Euclid • Ana elm, CA 92802 i4) 635 -r�256 AMERICAN MOTORISTS INSURANCE COMPANY BID BOND KNOW ALL MEN BY THESE PRESENTS: That We, MC MASTER CONSTRUCTION CO., INC. as Principal, and the AMERICAN MOTORISTS INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and authorized to do business in the State of CALIFORNIA as Surety, are held and firmly bound unto the CITY OF NEWPORT BEACH as Obligee, in the sum of EIGHT THOUSAND FIVE HUNDRED AND NO /100 - - - -- ------- ($8,500.00)- - - - - -- DOLLARS, lawful money of the United State of America, to the payment of which sum well and truly to be made, the said Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make any award to the Principal for: STAIRWAYS CONSTRUCTION according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly made and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with the American Motorists Insurance Company as Surety or with other Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure so to do, pay to the Obligee the damages which the Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. Signed, Sealed and Dated this 27th Day of July, 1984. AMERICAN MOTORISTS INSURANCE COMPANY BY: _ Stephen C. Kolb Attorney-in-Fact MC MASTER 96NNTRUCTION CO., I BY: / cr \ < ( �■0 �? ) f /} }E0 C/I IC ®\. , -z,o & k }y�z z M §M\ }/ \ {gg \k + o i \�< } §;k\� \ 2; §9 @±Q\ � | \Z3 2 I )) 5� o� �Q (\ ;; � 2 R, • • AMEBIGAN MOTORISTS INSURANCE COMPANY r"" l Home Office: Long Grove, IL 60049 GRDLIP POWER OF ATTORNEY U Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint Stephen C. Kolb and Annelie I. Douglass of Anaheim, California (EACH) * * * * ** its true and lawful agent(s) and attorney(s}in -fact, to make, execute, seal, and deliver during the period begin- ning with the date of issuance of this power and ending December 31, 1984, unless sooner revoked for and on Its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($ 750, 000. 00)********+►*****+* ** **** *+► * * * * * * * * * * * * *+► * * * * * ** EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duty executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1984 This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said American Motorists Insurance Company on May 15, 1939 at Chicago, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Secretary as being in full force and effect: "VOTED. That the President or am Vice President or Se(refary or an)- Assistant Secretary shall have power and authcinix 1V ap- point agents and alrorneis in last, and lo aulhmize Them to execute on behalf of the compant and attach the seal of life compant thereto, bonds and undertaking.. rruf nizances, contracts of indemnity and other rvrilings obligaiury in the nalwe thereot, and ant such otticer of the ufmpant mat appoint agents fur acceptance of process. ' This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Board of Directors of the company at a meeting duly called and held on the 22nd day of May, 1963: 'VOTED, Thal the signature of the Pre,itIcni. am Vice President, Secrelary or Assistant Secrelart, and the Seal of the Con3- pany, and the cerlihcalion hr am Seuelalx w Assislanl Secretart, max be atlixed by facsimile on ant poxxer of anorarx execu4ed pursuantto resolution aclupled b% the Board ut Directors on .Max 16. 1962. and any such pox er ;o executed. sealed and cerflied m1h respect to ant bond of undertaking to x+hic'h it is attached, shall continue to be valid and binding upon the Com rant." In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this2nd day of Hev -miter , 198. Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY R.H. Johnson, Secretary G. H. Kasbohm, Vice Premcfenl STATE OF ILLINOISllss COUNTY OF COOK I 1, Genevieve B. Huff, a Notary Public, do hereby certify that G. H. Kasbohm and R. H. Johnson personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. My commission expires: May 5, 1986 Genevieve B. Hun. Nolarx Public FM936: BB: IM PRINTED IN U.S.A. CERTIFICATION I, Sverat.,.)otih„anson, Secretary of the AnScan Motorists Insurance Company, do *eby certify that the attached Power of Attorney dated Nrnremher 2- 1882 on behalf of Stephen C alb arf3– -, Annelie I. Douglass of Anaheim, CA (EACH) * * * * * ** is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said G.H. Kasbohm and R.H. Johnson who executed the Power of Attorney as Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, I have hereu�fp Stcr�g�my name and affixed the corporate seal of the American Motorists Insurance Company on this JUL .—day of S,en L. Johanson, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. FOR INFORMATION CONCERNING THIS POWER OF ATTORNEY, CALL (3121540-2000, CONTRACT BOND DEPARTMENT; OR WRITE, CONTRACT BOND DEPARTMENT, KEMPER GROUP, LONG GROVE, ILLINOIS. 60049. • • Page 5 NON- COLLUSION AFFIDAVIT 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 this ,4-,Pzk day of 19 4aijaST , �. My commission expires: 22?�u Z 927 AdPiL OFFlGAL BFiY.- STEVEN M. FIELD NOTARY PUBLIC- CAUFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNrY Ml., Commissia Bpkw May N, 1987 l ��C /YIHS�EC' CD.US %eUc % /oAl CC -TAI C Bidder uthorized Signature /Title Notary Public r... n. Mme.. ,n, ..♦ � .. 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. �G /Yl /aSTEi2 �o4JS %2'uG %to<y C�.'T.tk �7 Bidder - i6 A4horized Signature /Title • Page 7 TECHNICAL ABILITY AND EXPERIENCE REFERENCES i The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Wra Completed For Whom Performed (Detail) Person to Contact Telephone No. G /Tj! EUcr2I-V 141, S 19� U Rn-d�re14C)M— PAnIQA7 eOA)Sr.co r�F '�'u.LLo j9 0oi), agd 7` , Torn �Aen�r�1-1,4!7L;I 41JO -�W Ak-Alu -"r e IqK3 t (I/- (QAUS%T,,griCALl c�o�E c�rAti�; e. di3) X31 -6 7 �GOTL/!LG 73L UTJ ESu2FRCL ' d6AZAACT g* o 14lfflA,,s71u;�'tc7ce_. BY THe CITY COUNCIL August 13, 1984 CITY OF NEWPORT BEACH CITY COUNCIL AGENDA ITEM NO. F -3(b) TO: CITY COUNCIL AUG 131984 APPROVED FROM: Public Works Department SUBJECT: STAIRWAYS AT THEATRE ARTS CENTER AND BIG CANYON RESERVOIR (C -2413) RECOMMENDATIONS: 1. Approve a budget amendment to transfer funds for award. 2. Award Contract No. 2413 to McMaster Construction Company, Inc., for their total price bid of $74,134, and authorize the Mayor and the City Clerk to execute the contract. DISCUSSION: At 11:00 a.m. on August 2, 1984 the City Clerk opened and read the following bids -for this project: BIDDER TOTAL PRICE BID Low McMaster Construction Co., Inc. $74,134.00 2 DeArmond Construction $79,709.20 3 Markel Cement Construction, Inc. $81,510.00 The low bid is 4% below the Engineer's estimate of $77,500. The low bidder, McMaster Construction Company, Inc., has not per- formed previous contract work for the City. However, a check with their experience references and the State Contractors' License Board has indicated that McMaster (1) has successfully completed similar projects as a subcontractor for other Southern California agencies and (2) has sustained no legal actions detrimental to their contractor's license. This contract provides for the construction of two stairways as explained on the attached Council agenda items of May 14, 1984, and June 25, 1984. Funds for award are proposed from the following FY 1983 -84 appropriations, which were reappropriated to FY 1984 -85 by City Council at the June 25, 1984 meeting: DESCRIPTION ACCOUNT NO. AMOUNT Theatre Arts Center Stairway 02- 7697 -286 $33,134 Begonia Park Stairway 10- 7797 -063 $16,000 Big Canyon Reservoir Stairway 50- 9297 -171 $25,000 n u June 25, 1984 Subject: Stairways at Theatre Arts Center, Begonia Park, and Big Canyon Reservoir (C -2413) Page 2 2. Only two bids were submitted for a project which would ordinarily attract many more competitive bids. It is staff's opinion that the apparently low Engineer's estimate, com- bined with an unusually active week of bidding at other agencies, contributed to the lack of response. Staff also recommends that Contract 2413 be revised to delete stairway construction at Begonia Park and parking lot lighting at Theatre Arts Center. The Begonia Park stairway construction would serve very few of the general public. Moreover, when one compares the amounts bid versus the $16,000 appropriation, it is apparent that the stairway is underfunded by approximately $20,000. Upon rebid, the $16,000 Begonia Park stairway appro- priation may, at Council's discretion, be used to complete project funding for construction at the Theatre Arts site if needed. The Theatre Arts Center parking lot lighting, a bid item of approxi- mately $7,000, may also be deleted from the contract. It appears that resi- dents along Cliff Drive are very much opposed to any new sources of lighting on the site. An existing incandescent fixture at the rear of the building could be replaced with a high - pressure sodium vapor fixture to provide ade- quate lighting and security for stairway and parking lot users. The funds which are currently appropriated for the work, and pro- posed to be re- appropriated are as follows: Theatre Arts Center Stairway 02- 7697 -286 $36,700 Begonia Park Stairway 10- 7797 -063 $16,000 Big Canyon Reservoir Stairway 50- 9297 -171 $25,000 The revised estimated date of completion is November 15, 1984. A copy of the May 14 memo describing the projects in more detail is attached for reference. Benjamin B. Nolan Public Works Director LD:jd Att. y May 14, 1984 CITY COUNCIL AGENDA ITEM NO. F -13 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: STAIRWAYS AT THEATRE ARTS CENTER, BEGONIA PARK, AND BIG CANYON RESERVOIR (C -2413) RECOMMENDATIONS: Approve the plans and specifications. Authorize the City Clerk to advertise for bids to be opened at 11:00 A.M. on June 13, 1984. DISCUSSION: This contract provides for the construction of stairways at three locations within the City. The first is a new stairway and walkway to provide access between the Mariners Mile parking lot and the Theatre Arts Center. The 160 - linear -foot by 6- foot -wide stairway and walkway passes through Ensign View Park in a vertical rise of approximately 45 feet. Four 12- foot -high light fixtures will be installed to provide illumination for the stairway and walkway. The illuminating elements of the fixtures are to be shielded to restrict horizontal light distribution. All handrailings will be bronze anodized aluminum pipe. The second location is a stairway reconstruction between Pacific Drive and Begonia Park. Portions of the original stairway, built in 1926 approximately, were removed by City crews in the 1970s because of under- mining and deterioration. The new 70- linear -foot by 6- foot -wide stairway and walkway joins the existing stairway and rises approximately 22 feet vertically. Handrailing for both new and original stairways will be bronze anodized aluminum pipe. A 5 -foot maximum height block wall will be built along the northerly side of the stairway and walkway to retain the hillside and slough material. The third location is a stairway replacement on the embankment of Big Canyon Reservoir. The replacement was recommended by the City's insurance carrier. The new 120 - linear -foot by 5- foot -wide stairway and walkway will rise approximately 30 feet vertically, in accordance with OSHA standards. Anodized aluminum handrails will be removable from the railing base to permit ease of mowing the reservoir embankment. Plans and specifications for the work outlined above have been prepared by consultant Wilson- Bryant & Associates. The Engineer's estimate of 15 May 14, 1984 Subject: Stairways at Theatre Arts Center, Begonia Park, and Big Canyon Reservoir (C -2413) Page Two construction cost is $72,000. Sufficient funds are budgeted under the follow- ing three accounts to award this amount: Theatre Arts Center Stairway $36,700 Begonia Park Stairway Replacement 16,000 Big Canyon Reservoir Stairway 25,000 Total Available $77,700 An additional bid item to provide three lighting fixtures for the Ensign View Park - Theatre Arts Center parking lot is included in the bid documents. Conduit and pull boxes for the fixtures were installed as part of a 1978 contract to construct Ensign View Park; however, the fixtures were deleted from the contract in order to award within the available funding. Inasmuch as we again must award within the available funding, staff proposes that the parking lot lighting be listed as an additional bid item to be constructed if adequate funds are available when bid amounts are known. The Engineer's estimate for the additional lighting is $5,500. The additional lighting fixtures will be identical to those speci- fied for the stairway; i.e., 12- foot -high fixtures shielded to restrict horizontal light distribution. An application for Coastal Development Permit has been obtained for the Theatre Arts Center - Mariners Mile parking lot stairway. A Negative Declaration of Environmental Impact has been prepared and approved by the Environmental Affairs Committee. Also, a Notice of Determination has been filed with the County Clerk and published in local newspapers. Inasmuch as the Begonia Park and Big Canyon Reservoir stairways are replacement in kind, Notices of Exemption (Categorical) have been prepared and filed with the County Clerk. The contract specifies completion of all work at each site within 30 consecutive calendar days after commencement of construction at that site, and that all work shall be completed by October 1, 1984. X4 Benjamin B. Nolan Public Works Director LRD:do Authorized to Publish Advertisements offts Including public notices by Decree of the Superior Court of Orange County, California, Number A -6214, dated 29 September, 1961, and A- 24831, dated 11 June, 1963. STATE OF CALIFORNIA County of Orange Pubbc Hance AdvWiwng cmaed by In.. enideVll I) MI In I "m w10 10 01C.'01umn wM1h 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 below entitled matter. I am a principal clerk of the Orange Coast DAILY PILOT, with which is combined the NEWS - PRESS, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that a Notice of inviting bids t7 of which copy attached hereto is a true and complete copy, was printed and published in the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said newspaper for one consecutive weeks to wit the issue(s) of 198 4 _ 198_ 198_ 198_ 198— I declare, under penalty of perjury, that the foregoing is true and correct. Executed on June 27 198 4 at Costa Mesa, California. Signature KKIC NOTICE .,NOTICE EIVITINO lIOB Seated bids may be received at the office of the City Clerk, 3300 Beach; CA on the 2nd PROOF OF PUBLICATION VAYS AT AND BIG Contract Estimate OF Wanda E. Andersen City Clerk Prospective bidders may obtain e am of bid documenta at no cost the office of the Public Works 1partment, 3300 Newport'. lutevard, Newport Beach, CA For further Information, cell Lloyd Dalton, Project Engineer, at A -2281. rW1eMd Orange Gout Dally Pilot M 27, 11)84. TO FROM SUBJECT �3$ BY THE CITY COUNCIL June 25, 1984 CITY OF NEWPORT BEACH CITY COUNCIL AGENDA ITEM NO. F -16 _ JUN 2 51984 CITY COUNCIL APPROVED Public Works Depatment STAIRWAYS AT THEATRE ARTS CENTER, BEGONIA PARK, AND BIG CANYON RESERVOIR (C -2413) RECOMMENDATIONS: 1. Reject bid submitted by McMaster Construction Co., Inc., pursuant to Public Contract Code Section 20171. 2. Reject the remaining bid. 3. Direct staff to revise Contract 2413, including the deletion of stairway construction at Begonia Park and parking lot lighting at Theatre Arts Center; and authorize the City Clerk to readvertise for bids to be opened at 11 :00 A.M. on August 2, 1984. 4. Approve carry -over and reappropriation of funds to F.Y. 1984 -85. DISCUSSION: At 11:00 A.M. on June 13, 1984, the City Clerk opened and read the following two bids: Bidder Total Price Bid Low McMaster Construction Co., Inc. $123,140 2nd Markel Cement Contracting, Inc. $129,609* *Corrected total price bid is $125,769. The bid submittal of the apparent low bidder, McMaster Construction Company, should be rejected pursuant to Public Contract Code Section 20171. That Section stipulates that no bid shall be considered unless the required bidder's security is enclosed with the bid. The bid documents require a bid security of not less than 10% of the total price bid. McMaster's bid security provided only an $8,000 bond, less than 65% of the requirement. McMaster's second bond, submitted to the City on June 15, may not be considered. The corrected total price bid submittal of the remaining bidder, Markel Cement Contracting, Inc., is 62% above the Engineer's estimate of $77,500. Staff recommends that this bid also be rejected, and that the proj- ect be rebid for the following reasons: 1. Total available funding balance is $77,700. June 25, Subject: Page 2 1984 Stairways at Theatre Arts Center, Begonia Park, and Big Canyon Reservoir (C -2413) 2. Only two bids were submitted for a project which would ordinarily attract many more competitive bids. It is staff's opinion that the apparently low Engineer's estimate, com- bined with an unusually active week of bidding at other agencies, contributed to the lack of response. Staff also recommends that Contract 2413 be revised to delete stairway construction at Begonia Park and parking lot lighting at Theatre Arts Center. The Begonia Park stairway construction would serve very few of the general public. Moreover, when one compares the amounts bid versus the $16,000 appropriation, it is apparent that the stairway is underfunded by approximately $20,000. Upon rebid, the $16,000 Begonia Park stairway appro- priation may, at Council's discretion, be used to complete project funding for construction at the Theatre Arts site if needed. The Theatre Arts Center parking lot lighting, a bid item of approxi- mately $7,000, may also be deleted from the contract. It appears that resi- dents along Cliff Drive are very much opposed to any new sources of lighting on the site. An existing incandescent fixture at the rear of the building could be replaced with a high - pressure sodium vapor fixture to provide ade- quate lighting and security for stairway and parking lot users. The funds which are currently appropriated for the work, and pro- posed to be re- appropriated are as follows: Theatre Arts Center Stairway 02- 7697 -286 $36,700 Begonia Park Stairway 10- 7797 -063 $16,000 Big Canyon Reservoir Stairway 50- 9297 -171 $25,000 The revised estimated date of completion is November 15, 1984. A copy of the May 14 memo describing the projects in more detail is attached for reference. Benjamin B. Nolan Public Works Director LD:jd Att. TO: CITY COUNCIL FROM: Public Works Department 0 May 14, 1984 CITY COUNCIL AGENDA ITEM NO. F -13 SUBJECT: STAIRWAYS AT THEATRE ARTS CENTER, BEGONIA PARK, AND BIG CANYON RESERVOIR (C -2413) Approve the plans and specifications. Authorize the City Clerk to advertise for bids to be opened at 11:00 A.M. on June 13, 1984. DISCUSSION: This contract provides for the construction of stairways at three locations within the City. The first is a new stairway and walkway to provide access between the Mariners Mile parking lot and the Theatre Arts Center. The 160 - linear -foot by 6- foot -wide stairway and walkway passes through Ensign View Park in a vertical rise of approximately 45 feet. Four 12- foot -high light fixtures will be installed to provide illumination for the stairway and walkway. The illuminating elements of the fixtures are to be shielded to restrict horizontal light distribution. All handrailings will be bronze anodized aluminum pipe. The second location is a stairway reconstruction between Pacific Drive and Begonia Park. Portions of the original stairway, built in 1926 approximately, were removed by City crews in the 1970s because of under- mining and deterioration. The new 70- linear -foot by 6- foot -wide stairway and walkway joins the existing stairway and rises approximately 22 feet vertically. Handrailing for both new and original stairways will be bronze anodized aluminum pipe. A 5 -foot maximum height block wall will be built along the northerly side of the stairway and walkway to retain the hillside and slough material. The third location is a stairway replacement on the embankment of Big Canyon Reservoir. The replacement was recommended by the City's insurance carrier. The new 120 - linear -foot by 5- foot -wide stairway and walkway will rise approximately 30 feet vertically, in accordance with OSHA standards. Anodized aluminum handrails will be removable from the railing base to permit ease of mowing the reservoir embankment. Plans and specifications for the work outlined above have been prepared by consultant Wilson- Bryant & Associates. The Engineer's estimate of May 14, 1984 Subject: Stairways at Theatre Arts Center, Begonia Park, and Big Canyon Reservoir (C -2413) Page Two construction cost is $72,000. Sufficient funds are budgeted under the follow- ing three accounts to award this amount: Theatre Arts Center Stairway $36,700 Begonia Park Stairway Replacement 16,000 Big Canyon Reservoir Stairway 25,000 Total Available $77,700 An additional bid item to provide three lighting fixtures for the Ensign View Park - Theatre Arts Center parking lot is included in the bid documents. Conduit and pull boxes for the fixtures were installed as part of a 1978 contract to construct Ensign View Park; however, the fixtures were deleted from the contract in order to award within the available funding. Inasmuch as we again must award within the available funding, staff proposes that the parking lot lighting be listed as an additional bid item to be constructed if adequate funds are available when bid amounts are known. The Engineer's estimate for the additional lighting is $5,500. The additional lighting fixtures will be identical to those speci- fied for the stairway; i.e., 12- foot -high fixtures shielded to restrict horizontal light distribution. An application for Coastal Development Permit has been obtained for the Theatre Arts Center - Mariners Mile parking lot stairway. A Negative Declaration of Environmental Impact has been prepared and approved by the Environmental Affairs Committee. Also, a Notice of Determination has been filed with the County Clerk and published in local newspapers. Inasmuch as the Begonia Park and Big Canyon Reservoir stairways are replacement in kind, Notices of Exemption (Categorical) have been prepared and filed with the County Clerk. The contract specifies completion of all work at each site within 30 consecutive calendar days after commencement of construction at that site, and that all work shall be completed by October 1, 1984. a4v �tr 4�), 44 Benjamin B. Nolan Public Works Director LRD:do y Authorized to Publish Advertisements oends including public notices by Decree of the Superior Court of Orange County, California. Number A -6214, dated 29 September, 1961, and A- 24831, dated 11 June, 1963. STATE OF CALIFORNIA County of Orange �umm nai a wa.eniwng by hhf rPlldlvll 9 »I in 1 pgnl won to pica column width 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 below entitled matter. I am a principal clerk of the Orange Coast DAILY PILOT, with which is combined the NEWS - PRESS, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that a Notice of Notice Inviting Bids CITY OF NEWPORT BEACH of which copy attached hereto is a true and complete copy, was printed and published in the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said newspaper for one consecutive weeks to wit the issue(s) of 198 4 198_ 198 198 198— I declare, under penalty of perjury, that the foregoing is true and correct. Executed on May 17 198 4 at Costa Mesa, California. r / Signature 46 PROOF OF PUBLICATION be rGCON he of t GhY the NewPOrt Boulevard -7 N� gesch, CA 82863 on MO 13M dry of June, " vrhl a time KKa � of P ad STAIRWAYS rand . CEUTEAYBEGONIA�PARK CENTER. BIG CANYON REBEall'"' traetN '2,24J3•E;WA� 01 $72, Item. $77,888 vdth AddWet .novoved by the 941!' C proaP� Na bidder may obtain Dlle 9W of bid document M no Coat et Me o" of the Public Works De a ^Newport Bach- Ce 9280 Cab Pro For t 00 I at Llord R. tx.±w � �p,:::Cort El C -ay�3 i (3�) BY THE CITY COUNCIL May 14, 1984 CITY Of NEWPORT BEACH CITY COUNCI AGENDA MAY 141984 ITEM NO.-�3 TO: CITY COUNCIL , FROM: Public Works Departffento lo SUBJECT: ` 3E ARTS CENTER, BEGONIA PARK, AND BIG CANYO RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Authorize the City Clerk to advertise for bids to be opened at 11:00 A.M. on June 13, 1984. DISCUSSION: This contract provides for the construction of stairways at three locations within the City. The first is a new stairway and walkway to provide access between the Mariners Mile parking lot and the Theatre Arts Center. The 160 - linear -foot by 6- foot -wide stairway and walkway passes through Ensign View Park in a vertical rise of approximately 45 feet. Four 12- foot -high light fixtures will be installed to provide illumination for the stairway and walkway. The illuminating elements of the fixtures are to be shielded to restrict horizontal light distribution. All handrailings will be bronze anodized aluminum pipe. The second location is a stairway reconstruction between Pacific Drive and Begonia Park. Portions of the original stairway, built in 1926 approximately, were removed by City crews in the 1970s because of under- mining and deterioration. The new 70- linear -foot by 6- foot -wide stairway and walkway joins the existing stairway and rises approximately 22 feet vertically. Handrailing for both new and original stairways will be bronze anodized aluminum pipe. A 5 -foot maximum height block wall will be built along the northerly side of the stairway and walkway to retain the hillside and slough material. The third location is a stairway replacement on the embankment of Big Canyon Reservoir. The replacement was recommended by the City's insurance carrier. The new 120 - linear -foot by 5- foot -wide stairway and walkway will rise approximately 30 feet vertically, in accordance with OSHA standards. Anodized aluminum handrails will be removable from the railing base to permit ease of mowing the reservoir embankment. Plans and specifications for the work outlined above have been prepared by consultant Wilson- Bryant & Associates. The Engineer's estimate of • 0 May 14, 1984 Subject: Stairways at Theatre Arts Center, Begonia Park, and Big Canyon Reservoir (C -2413) Page Two construction cost is $72,000. Sufficient funds are budgeted under the follow- ing three accounts to award this amount: Theatre Arts Center Stairway $36,700 Begonia Park Stairway Replacement 16,000 Big Canyon Reservoir Stairway 25,000 Total Available $77,700 An additional bid item to provide three lighting fixtures for the Ensign View Park- Theatre Arts Center parking lot included in the bid documents. Conduit and pull boxes for the fixtures were installed as part of a 1978 contract to construct Ensign View Park; however, the fixtures were deleted from the contract in order to award within the available funding. Inasmuch as we again must award within the available funding, staff proposes that the parking lot lighting be listed as an additional bid item to be constructed if adequate funds are available when bid amounts are known. The Engineer's estimate for the additional lighting is $5,500. The additional lighting fixtures will be identical to those speci- fied for the stairway; i.e., 12- foot -high fixtures shielded to restrict horizontal light distribution. An application for Coastal Development Permit has been obtained for the Theatre Arts Center - Mariners Mile parking lot stairway. A Negative Declaration of Environmental Impact has been prepared and approved by the Environmental Affairs Committee. Also, a Notice of Determination has been filed with the County Clerk and published in local newspapers. Inasmuch as the Begonia Park and Big Canyon Reservoir stairways are replacement in kind, Notices of Exemption (Categorical) have been prepared and filed with the County Clerk. The contract specifies completion of all work at each site within 30 consecutive calendar days after commencement of construction at that site, and that all work shall be completed by October 1, 1984. X4 Benjamin B. Nolan Public Works Director LRD:do