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HomeMy WebLinkAboutC-2432 - Pearl Avenue Storm Drain# f CITY OF NEWPORT BEACH June 18, 1985 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 Rising Sun Company 44626 Fern Lancaster, CA 93534 Subject: Surety: Fairmont Insurance Company Bonds No.: FB002617 Contract No.: C -2432 Project: Pearl Avenue Storm Drain The City Council on May 13, 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 May 23, 1985, Reference No. 85- 188839. Please notify your surety company that the bonds may be released 35 days after this date. Sincerely, Wanda E. Raggio City Clerk WER:pm cc: Public Works 3300 Newport Boulevard, Newport Beach p�ooAOltde q- PLEASE RETURN TO:REQUESTED BY City Clerk �yy City of Newport Belch 3300 Newport Blvd. Newport Beach, CA 92663 -3884 85-- 188839 2aempi ieco: Air9 :eq�nl td f;,�anmev Ca1n b�c3 EXEMPT C16 NOTICE OF COMPLETION NO CONSIDORATIO y PUBLIC WORKS RECORDED IN OFFICIAL RECOFi OF ORANGE COUNTY CALIFORNIA -4 ".0V MAY 23'85 10 All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NONCE that on May 13, 1985 _ the Public Works project consisting of Pearl Avenue Storm Drain (C -2432 on which Rising, Sun Company. 44626 Fern Lancaster. CA 93534 was the contractor, and Fairmont Insurance Company, 4111 W. Alameda Ave., Burbank, CA was the surety, was completed. 91505 VERIFICATION I, the undersigned, say: CITY OF NEWPORT BFACH IZIMMMMR - I am the Public Works Director of the City of Newport (Notice of Completion is true of my own knowledge. 3U,t,[, c1ICCCJ ^�^5� I declare under penalty of perjury that the foregoing is true and corl`ee`ct. Executed on May 17, 1985 at Newport Beach, California. PubWorks Director VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Newport Beach; the City Council of said City on May 13, 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 May 17, 1985 at Newport Beach, California. City Clerk I t _ Yom..... _, JG f:_ e • CITY OF NEWPORT BEACH May 17, 1985 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 Lee A. Branch County Recorder P.O. Box 238 Santa Ana, CA 92702 Dear Mr. Branch: Attached for recordation is Notice of Completion of Public Works project consisting of Pearl Avenue Storm Drain, Contract No. 2432 on which Rising Sun Company was the Contractor and Fairmont Insurance Company was the Surety. Please record and return to us. k Sincerely, Wanda E. Raggio 4r� City Clerk WER:pm Attachment cc: Public Works 3300 Newport Boulevard, Newport Beach • • TO: CITY COUNCIL FROM: Public Works Department i SUBJECT: ACCEPTANCE OF PEARL AVENUE STORM DRAIN (C -2432) RECOMMENDATIONS: May 13, 1985 CITY COUNCIL AGENDA ITEM NO. F -14 BY ThE CiTT COUNCIL CITY OF NEWPORT BEACH MAY 13 i9d-) 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 the Pearl Avenue storm drain has been completed to the satisfaction of the Public Works Department. The bid price was: $88,683.98 Amount of Unit price items constructed 88,291.83 Amount of change orders: 8,765.98 Total Contract Cost: 97,057.81 Funds were budgeted in the General Fund, Account Numbers 02- 3497 -303 (Pearl Avenue Storm Drain) and 02- 4183 -052 (Harbor Street End Improvement Program) Three Change Orders were issued. The first, in the amount of $4,260.00 provided for installation of sidewalk drains in the mid -block areas along the South Bay Front sidewalk. The second, in the amount of $1,312.00, provided for removal and replacement of additional broken concrete pavement in Agate Avenue. The third, in the amount of $3,193.98, provided for removal and disposal of large pieces of concrete found in the trench under the South Bay Front sidewalk. The contractor is Rising Sun Company of Lancaster, California. The contract date of completion was March 15, 1985. The work was completed on that date. • Benjamin B. Nolan Public Works Director GPD:kf (3f) CITY OF NEWPORT BEACH OFFICE OF THE CM CLERK (714 ) 640 -2251 TO: FINANCE DIRECTOR Public Works FROM: CITY CLERK DATE•, January 21, 1985 SUBJECT: Contract No. C -2432 Description of Contract C Pearl Avenue Storm Drain Effective date of Contract January 18, 1985 Authorized by Minute Action, approved on December 10. 1984 Contract with Rising Sun Company Address 44626 Fern Lancaster, CA 93534 Amount of Contract Wanda E. Andersen City Clerk WEA:lr attach. City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P. 0. Box 1768, Newport Beach, CA 92658 -8915 until 11:00 a.m. on the 14th day of November , 1984, at which time such bids shy be opened and read for PEARL AVENUE STORM DRAIN it e o Project 2432 Contract No. $81,000 Engineer's Estimate Approved by the City Council this 22nd day of October , 1984. Wanda E. Raggio 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, P. 0. Box 1768, Newport Beach, CA 92658 -8915. For further information, call Lloyd R. Dalton at 644 -3311. Project Manager CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL, ,PEARL AVENUE STORM DRAIN IMPROVEMENT CONTRACT NO.2432 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P.G. Box 1768 Newport Beach, CA 92663 -3884 I 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 proposes to furnish all materials and do all the work required to complete Contract No. 2432 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 1. Lump Sum MOBILIZATION Two Thousand Nine Hundred @ Twenty -Nine Dollars and Cents 2. 1 MODIFY EXISTING CATCH BASIN Each $_22.929.00 $ 2,929.00 One Thousand One Hundred @ Sixty -Eight Dollars and No Cents $_l 2 168. 00 $ 1,168.00 Each 3. 4 CONSTRUCT CATCH BASIN TYPE OL -A Each L =7.0' @ Three Thousand Forty One Dollars and Fifty Cents $ 3,041.50 $12,166.00 Each 4. 1 CONSTRUCT MODIFIED CATCH BASIN Each AND SLIDE GATE VAULT WITH COVER Four Thousand Five Hundred @ Thirty -Six Dollars and No Cents $ 4,536.00 $ 4,536.00 ac 0 PR 1.2 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 5. 1 FURNISH AND INSTALL 24" SLIDE GATE, Each ACTUATOR, CONDUIT, AND CONTROL STATION @ Eight Thousand Five Hundred Eighteen DOLLARS AND No CENTS $ 8,518.00 $ 8,518.00 Each 6. 470 CONSTRUCT 15" ACP, 2500D Lineal Feet @ Thirty -Seven DOLLARS AND Eighty -eight CENTS $ 37.88 $17,803.60 Per Lineal Feet 7. 80 CONSTRUCT 18" ACP, 2500D Lineal Feet @ Seventy DOLLARS AND Fifty -five CENTS $ 70.55 $ 5,644.00 Per Lineal Feet 8. 448 CONSTRUCT 21" ACP, 2500D @ Fifty -Four DOLLARS AND Sixty CENTS $ 54.60 $24,460.80 Per Lineal Feet 9. 50 CONSTRUCT 24" RPM PIPE, GRAVITY WEIGHT @ Fifty -Three DOLLARS AND Fifty -Eight CENTS $ 53.58 $ 2,679.00 10. 1 CONSTRUCT SHALLOW MANHOLE Each @ One Thousand Twenty Four DOLLARS AND No CENTS $ 1,024.00 $ 1,024.00 11. 89 CONSTRUCT P.C.C. CURB Lineal Feet @ Thirty -One DOLLARS AND Twenty -Two CENTS $ Per Lineal Feet 12. 40 CONSTRUCT 4" P.C.C. SIDEWALK Square Feet Sixty Per Square Foot DOLLARS AND CENTS C 31.22 $ 2,778.58 16.60 C 664.00 i • • PR 1.3 ITE:4 DE CA< '�. PND UNIT UNIT PRIG P717.1EN IN ACRDS PRICE PRIG CONSTRUCT REINFORCED CONCRETE PIPE ANCHOR PER DETAIL ON SHEET 4 13. 2 Each @ One Thousand Seven Hundred Sixteen Dollars and _ Fifty Cents S 1,716.50 S 3,433.00 Each 14. Lump Sum TRAFFIC CONTROL @ Eight Hundred Eighty Dollars and No Cents $ 880.00 S 880.00 ac TOTAL CONSTRUCTION COST $ 88,683.98 TOTAL PRICE WRITTEN IN WORDS Eighty -eight Thousand Six Hundred Eighty -three Dollars and Ninety -eight Cents PR 1.4 on coo no Contractor's License No. 436244 Rising Sun Company (Bidder's Name) Date November 14, 1984 S /William Sario, Partner (Authorized signature /Tit1c) Bidder's Address 44626 Fern,Lancaster, CA 93534 Bidder's Telephone No. (805) 942 -9898 Ll INSTRUCTIONS TO BIDDERS E Page 2 The following contract documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: 1. PROPOSAL 2. INSTRUCTIONS TO BIDDERS 3. DESIGNATION OF SUBCONTRACTOR(S) 4. BIDDER'S BOND (sum not less than 10% of total bid price) 5. NON- COLLUSION AFFIDAVIT 6. STATEMENT OF FINANCIAL RESPONSIBILITY 7. TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the Bidder's Bond. The title of the project and the words SEALED BID shall be clearly marked on the outside of the envelope containing the bid. Bids shall not be received from bidders who are not licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The low bidder shall also be required to possess a City of Newport Beach business license prior to execution of contract. Bids shall be submitted on the attached PROPOSAL form. The additional copy of the PROPOSAL form may be retained by the bidder for his records. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of dis- crepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors or omissions in the PROPOSAL. Contract documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of the President or Vice President. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the con- tract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 in- clusive). The Contractor shall be responsible for compliance with Section 1777. of the California Labor Code for all apprenticeable occupations. 436244 General Engineering Contr's Lic. No. & Classification November 14, 1984 to Rising Sun Company Bidder S /William Lee Sario, Partner Authorized Signature /Title i • 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. NONE 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Rising Sun Company Bidder S /William Sario, Partner Authorized Signature /Title 0 0 Page 4 FOR ORIGINAL SEE CITY CLERK'S FILE COPY BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, RISING SUN COMPANY as bidder, and FAIRMONT INSURANCE COMPANY , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of TEN PERCENT OF AMOUNT BID * * * * * * * * * * * * * * * * * * * * * * * * * * * ** *Dollars ($ 10 % * * * * * * *), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of PEARL AVENUE STORM DRAIN 2432 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 12th day of NOVEMBER , 1984. RISING SUN COMPANY Bidder (Attach acknowledgement of Attorney -in -Fact) S /William Sario, Partner S /Joyce A. Galier Authorized Signature /Title Notary Public Commission Expires: August S. 1988 FAIRMONT INSURANCF COMPANY Surety By S /Beverly Brissette Title Attorney -in -Fact • 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 14th day of NOVEMBER 1984. My commission expires: RISING SUN COMPANY er S /William Sario, Partner Authorized Signature /Title December 17, 1985 S /Beverly Lou Brissette Notary Public NOTICE THE ENCLOSED CONTRACT CONTAINS CERTAIN INSURANCE REQUIREMENTS WHICH MUST BE STRICTLY FOLLOWED. PLEASE READ THESE REQUIREMENTS CAREFULLY AND DISCUSS THEM WITH YOUR INSURANCE. AGENT. YOUR COOPERATION WILL ELIMINATE DELAYS IN THE PROCESSING OF THIS CONTRACT. TITLE V OF THE CITY OF NEWPORT BEACH MUNICIPAL CODE REQUIRES THAT ALL CONTRACTORS, SUB- CONTRACTORS, SERVICES, OR INDIVIDUALS WORKING OR PERFORMING A SERVICE IN THE CITY OF NEWPORT BEACH HAVE A CITY OF NEWPORT BEACH BUSINESS LICENSE. ALL PRIME CONTRACTORS SHALL FURNISH A COMPLETE LIST OF THE NAMES AND COMPLETE ADDRESS OF SUB - CONTRACTORS, SERVICES, OR INDIVIDUALS PERFORMING A SERVICE AT THEIR JOB SITE. IT IS REQUESTED THAT YOU SUBMIT THIS LIST WITH YOUR EXECUTED CONTRACT DOCUMENTS. • • Page 6 FOR ORIGINAL SEE CITY CLERK'S FILE COPY ATEMENT 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. RISING SUN COMPANY er S /William Lee Sario, Partner Authorized Signature /Title . Page 7 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No. 1983 Arvin Edison Water District Bill Bowers 805 - 854 -5573 Kern county uepartment OT 1984 Public Works Skip Vernon 805 - 861 -2159 San Bernardino He en a e 1984 Co. of Transportation /Flood John Burrows 619 - 256 -7887 Control Rising Sun Company Bidder S /William Sario, Partner 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 a letter of award from the City of Newport Beach: PAYMENT BOND (pages 9 & 10) FAITHFUL PERFORMANCE BOND (pages 11 & 12) CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 13, 14, 15) CONTRACT (pages 16 & 17) Since the City of Newport Beach will not permit a substitute format for these contract documents, bidders are advised to review their content with bonding, insuring and legal agents prior to sub- mission of bid. BONDING COMPANIES shall be acceptable as sureties in accordance with the latest revision of Federal Register Circular 570. INSURANCE COMPANIES shall be assigned Policyholders' Rating B (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided for all TYPES OF INSURANCE checked on the CERTIFICATE OF INSURANCE. All costs associated with the specifications of these contract documents shall be absorbed in the bid. Such specifications shall include those contained in (1) each contract document and (2) the Standard Specifications for Public Works Construction .(latest edi- tion adopted for use in the City of Newport Beach), except as supplemented or modified by the Special Provisions for this project. KNOW ALL MEN BY THESE PRESENTS, That 0 Page 9 PAYMENT BOND BOND NO FBD02617 Bond Amt $ 1064.00 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted DECEMBER 10, 1984 has awarded to RISING SUN COMPANY hereinafter designated as the "Principal ", a contract for PEARL AVENUE STORM DRAIN (C -2432) 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 RISING SUN COMPANY as Principal, and Fairmont Insurance as Surety, are held firmly bound unto the City of Newport Beach, in the sum of EIGHTY EIGHT THOUSAND SIX HUNDRED EIGHTY THREE DOLLARS 98" ars ($ 88,683.98 ), 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 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 14th day of DECEMBER , 19 84 I Approved/;as to form: C,i ty A�torney RISING SUN COMPANY (Seal) Name of Contractor Principal kthorized Signature and Title WILLIAM LEE SARIO - Partner Authorized Signature and Title FAIRMONT INSURANCE COMPANY (Seal) Name of Surety 4111 W Alameda Ave Burbank,Cal 91505 Address of Surety 5ignature and Title of Authorize Agent BEVERLY BRISSETTE - Attorney in fact 1343 West Ave J Lancaster,Cal 93534 ddress of Agent 805 942 9812 Telephone No. of Agent 0 100 0 ty 0 C) ((y\ \\ \ \ \ /(� §)} CO � �\ 10 ) �. \\ �\ � \} 0 100 1 � • \ / \ §: Q \ f ° i 7 ! � 1 � § \> f g ; i - ) - � i \ \ \if FAIAONT INSURANCE COMPA Burbank, California POWER OF ATTORNEY KNOW ALL MEN BV THESE PRESENTS: That FAIRMONT INSURANCE COMPANY, a California Corporation, does hereby make, constitute and appoint Beverly Brissette of Lancaster California as its true lawful Attorney(s) -in -Fact, with full power and authority, for and on behalf of the Com- pany as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof, and to bind FAIRMONT INSURANCE COMPANY thereby, and all of the acts of said Attorney(s) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following Bylaws of the Company, which Bylaws are now in full force and effect: ARTICLE IV, Section 13. ATTORNEYS -IN -FACT AND AGENTS. The chairman of the board, the president, the vice president, the chief financial officer, or the secretary o t e corporation may appoint attorneys -in -fact or agents with power and authority, as defined or limited in their respective powers of attorney, for and on behalf of the corporation to execute and deliver, and affix the seal of the Corporation thereto, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof and any of said officers may remove any such attorney -in -fact or agent and revoke the power and authority given to him or her. ARTICLE IV, Section 14. AUTHORITY TO BIND. Any bond, undertaking, recognizance, consent of surety or written obligation in tIFe-n-a-t-u-r-e-tTFer-e-oT-sh-alrbe--v-arid-a-n-d binding upon the corporation when signed by the chairman of the board, the president, the vice president, the chief financial officer, or the secretary of the corporation and duly attested and sealed, if a seal is required, by the secretary or assistant secretary, or shall be valid and binding upon the corporation when duly executed and sealed, if a seal is required, by a duly authorized attorney -in -fact or agent, pursuant to and within the limits of the authority granted by his or her power of attorney. This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu- tion adopted by the Board of Directors of FAIRMONT INSURANCE COMPANY at a meeting duly called ' and held on the 4rd day of October, 1983: i RESOLVED that the signature of any officer authorized by the Bylaws, and the seal of the corporation, may be affixed by facsimile to any Power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance consent of surety or other written obligation in the nature thereof; such signature and seal, when so used, being hereby adopted by the corporation as the original signature of such officer and the original seal of the corporation, to be valid and binding upon the corporation with the same force and effect as though manually affixed. IN WITNESS WHEREOF, FAIRMONT INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 2lstday of February, 1984 .R ` .._ _C ?�� 'tp lid Fet p. APR, 10 2�ro w 1970 °'' °•.�h CALIF Prmrea in U.S.A. SPA- 25 FAIRMONT INSURANCE COMPANY ByJ� Signature Tanna P. Handley Secretary (Over) 0 f State of California SS. County of Los Angeles manna P_ Mandl ey , personally known tome, was by me duly sworn, and did depose and say: that he/she resides in the State of California; that he/she is the duly elected Secretary of FAIRMONT INSURANCE COMPANY, the corporation described in and which executed the above instru- ment; that helshe knows the seal of said corporation; that the seal affixed to said instrument is such cor- porate seal; that it was so affixed by authority of his/her office under the Bylaws of said corporation, and that he/she signed his/her name thereto by like authority. Subscribed and sworn to me this OFF ICIAL SEAL EVELYN C. DENIHAN I NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY Mr COMMISSION EKPMS APRIL IR, 190.7 21st day of February CERTIFICATION Notary P lic in and for said County and State. ,1984 I, Patricia J. O'Brien , the Assistant Secretary of FAIRMONT INSURANCE COMPANY, certify that the foregoing power of attorney and the above quoted Sections 13. and 14. of Article IV of the Bylaws have not been abridged or revoked and are now in full force and effect. Signed and Sealed at Burbank, California, this 14th day of DECEMBER 119 84 SEAL ��TiGlt�_�GL1iriL., _ Title: Patri 'a J. O'Brien Assistant Secretary d Ct I m 6 Qf N ti �T C O ti d d H a c lV d A l0 Q) g A � a U m Q N `m 1 L E O O a Ec m G O C C Y L 3 L_ O d a U N a a N ai E m N U X N J c 3 E =m N � a 3 L C U a .o m m a E Z F G;S o tw 'o m z d d �s � 0 a Ec m G O C C Y L 3 L_ O d a U N a a N ai E m N U X N J c 3 E =m N � a 3 L C U a .o m m a E Z F G;S o tw 'o m A N pIN -SIC 3 n -0 o.-ni O •S w O S .+ 7 0 3 Z J < n w •s J• F S w N o rrro£•�r�of :3r+to .0 w Q CD -- S D O 0 n n l o m s •a3<cr m . m s O fb Z N n < O N 0 -+• 'O 3 N w m i NDC+� °< nNOO�+ J. J 7 O O !D O l� of i Z 3 N !'F + rt M S S O O O m w r+ C O' O 7 D N u n a m zoo n O D r+ N w c o Jc ( 3 aamm 7 n w n nN � m m a o o nw 3 A t•F fD C S n T D F o a J o m a r zv n Qw 7r- N U �C O p M �t � Cf n rtr+w O �=rr a J, N fD N 0 O G Z n i FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That • Page 11 BOND NO FB 002617 BOND AMT $ 1064.00 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted DECEMBER 10, 1984 has awarded to RISING SUN COMPANY hereinafter designated as the "Principal ", a contract for PEARL AVENUE STORM DRAIN (C -2432) in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, RISING SUN COMPANY as Principal, and Fairmont insurance company as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of EIGHTY EIGHT THOUSAND SIX HUNDRED EIGHTY THREE DOLLARR 98/100 Dollars ($ 88,683.98 ) , 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 Is 9 Page 12 Faithful Performance Bond (Continued) of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been dul ted by the Principal and Surety above named, on the 14th day of riECiB` 19 84a Approved as to form: i City Attorney RISING SUN COMPANY (Seal) Name of Contractor (Principal) Authorized Signature and Title WILLIAM LEE SARIO - PARTNER Authorized Signature and Title FAIRMONT INSURANCE COMPANY (Seal) Name of Surety 4111 W Alameda Ave Burbank,Cal 91505 Address of Surety .2 Signature afid'Title of Authorized Agent BEVERLY BRISSETTE - Attorney in fact 1343 West Ave J Lancaster,Cal 93534 Address of Agent 805 942 9812 Telephone No. of Agent FAI PONT INSURANCE COMPA* Burbank, California POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That FAIRMONT INSURANCE COMPANY, a California Corporation, does hereby make, constitute and appoint Beverly Brissette of Lancaster California as its true lawful Attorney(s)-in-Fact, with full power and authority, for and on behalf of the Com- pany as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof, as follows: Any and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof, and to bind FAIRMONT INSURANCE COMPANY thereby, and all of the acts of said Attorney (s) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following Bylaws of the Company, which Bylaws are now in full force and effect: ARTICLE 1V, Section 13, ATTORNEYS -IN -FACT AND AGENTS. The chairman of the board, the president, the vice president, the chief inancia officer, or t e secretary of t e�o`rpoiatton may appoint attomey-s -in -fact or agents with power and authority, as defined or limited in their respective powers of attorney, for and on behalf of the corporation to execute and deliver, and affix the seat of the Corporation thereto, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof and any of said officers may remove any such attorney -in -fact or agent and revoke the power and authority given to him or her. ARTICLE IV, Section 14. AUTHORITY TO BIND. Any bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall e va t an bindingR u on the corporation when signed by the chairman of the board, the president, the vice president, the chief financial officer, or the secretary of the corporation and duty attested and sealed, if a seal is required, by the secretary or assistant secretary, or shall be valid and binding upon the corporation when duly executed and sealed, if a seal is required, by a duly authorized attorney -in -fact or agent, pursuant to and within the limits of the authority granted by his or her power of attorney. This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolu- tion adopted by the Board of Directors of FAIRMONT INSURANCE COMPANY at a meeting duly called and held on the 4rd day of October, 1983: RESOLVED that the signature of any officer authorized by the Bylaws, and the seal of the corporation, may be affixed by facsimile to any Power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaken, recognizance consent of surety or other written obligation in the nature thereof; such signature and seal, when so use g,. being hereby adopted by the corporation as the original signature of such officer and the original seal of the corporation, to be valid and binding upon the corporation with e same force and effect as though manually affixed. IN WITNESS WHEREOF, FAIRMONT INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 21stday of February, 1984 FAIRMONT INSURANCE COMPANY O.kr, WI/Jgfp" it = By APR. 10 a v= 1070 ,.• arc Signature Tanna P. Handley, 'O'ri�q ��tli ftitls��a� Secretary Printed in U S,A, (Over) SPA- 25 4 0 State of California ss. County of Los Angeles manna P Hand 1 Py, , personally known to me, was by me duly sworn, and did depose and say: that he /she resides in the State of California; that he /she is the duly elected Secretary of FAIRMONT INSURANCE COMPANY, the corporation described in and which executed the above instru- ment; that he /she knows the seal of said corporation; that the seal affixed to said instrument is such cor- porate seal; that it was so affixed by authority of his /her office under the Bylaws of said corporation, and that he /she signed his /her name thereto by like authority. Subscribed and sworn to me this 21st day of February OFFICIAL SEAL EVELYN C. DENIHAN Ifb NOTARY PUBLIC . CALIFORNIA PRINCIPAL OFFICE IN LOS ANOBLEB COUNTY MY COMMISSION EMUS APRIL 11, I"S CERTIFICATION Notary P lic in and for said County and State. . ;, 1, Patricia J. O'Brien the Assistant Secretary of FAIRMONT INSURANCE COMPANY, certify that the foregoing power of attorney and the above quoted Sections 13. and 14. of Article IV of the Bylaws have not been abridged or revoked and are now in full force and effect. Signed and Sealed at Burbank, California, this 14th day of DECEMBER 19 84 SEAL qpatri a J. O'Brien Assistant Secretary City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NAME AND ADDRESS OF INSURED RISING SUN COMPANY 44626 FERN AVENUE LANCASTER, CA 93534 •CERTIFICATE OF INSURANCE • CE ICompany A CONSTITUTION STATE Letter Page 13 (compan i o + +o r y B CONSOLIDATED AMERICAN nr y C ARGONAUT INSURANCE COMPANY 7 E 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 registered mail, attention: Public Works Department. 'By: �i9. ��, i Agency: BRISSETTE INSURANCE SERVICE orized Representative Date Issue 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: PEARL AVENUE STORM DRAIN (C -2432) Project Title and Contract Number im s certiticate 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. Policy LIMITS OF LIABILITY IN THOUSAND 000 Ag.Froducts, COMPANY TYPES OF INSURANCE Policy Exp. LETTER COVERAGE REQUIRED No. Date Each Completed Occurrence Operations GENERAL LIABILITY Form Premises - Operations Bodily Injury Property Damage $ $ $ $ IxComprehensive Explosion & Collapse Hazard Underground Hazard Products /Completed Operations Bodily Injury A Hazard x Contractual Insurance Broad Form Property Damage F416G33 -3 1/4/86 and Property Damage Combined $1,000 $1,000 x Independent Contractors x Personal Injury Marine Personal Injury $1,000 Aviation AUTOMOTIVE LIABILITY ` ❑x Comprehensive Form ❑x Owned � �x Hired 1r [[ ��LD 'r^ i5 • RKS Bodily Injury (Each Person $ $ Bodily Injury Each Occurrence ro ert Damage Bodily injury an Compered Damage $ Ox Non -owned ,jF rAl NE�ipi,R� ViO� EAR EXCESS LIABILITY B ® Umbrella Form U310891 1/4/86 Bodily Injury ❑ Other than Umbrella Form and Property Damage Combined $2,000 $2,000 WORKERS' COMPENSATION Statutor C and EMPLOYER'S LIABILITY C -20 -43 110243 11/16/85 $2,000 ac Accident) 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 registered mail, attention: Public Works Department. 'By: �i9. ��, i Agency: BRISSETTE INSURANCE SERVICE orized Representative Date Issue 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: PEARL AVENUE STORM DRAIN (C -2432) Project Title and Contract Number im s certiticate 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. 6 i L CITY OF NEWPORT BEACH L COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT Page 15 It is agreed that: 1. With respect to such insurance as is afforded by the policy for Comprehensive General Liability, the City of Newport Beach, its officers and employees are additional in- sureds but only with respect to liability arising out of operations performed by or on behalf of 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 V) Single Limit Bodily Injury Liability and Property Damage Liability Combined $_� �CI.wZC each occurrence each occurrence ✓� ty✓pORT 4 C $ 1,000,000 44 94 S each occurrence The applicable limit of the Insurance Company's liability for the insurance afforded for contractual liability shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insureds. The limits of liability as stated in this endorsement shall not increase the total liability of the Insurance Company for all 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: PEARL AVENUE STORM DRAIN (C -2432) Project Title and Contract No. This endorsement is effective 1/15/85 at 12:01 A.M. and forms a part of Policy No. CF416G339 -3 Named Insured RISING SUN COMPANY Endorsement No. 1 Name of Insurance Company CONSTITUTION STATE gy A i zAf Representative •CERTIFICATE OF INSURANCE 0 City of Newport Beach Company 3300 Newport Boulevard Letter A Newport Beach, CA 92663 Company B NAME AND ADDRESS OF INSURED i,umPany C Letter 1-umpany D Letter L,ompany E Letter Page 13 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 registered mail, attention: Public Works Department. By: L Agency: %� �[�ilZLU l��)C ��, Lk%1f -L-2 Lam. It' hor)z epresentative /7 /- i4-1:� / h � 1� ,n, / Da a Issue; Description'of operations /locations /vehicles: Beach by or on behalf of the named insured in G All operations performed for the City of Newport connection with the following designated contract: c. - LA finis certiticate or verification of insurance is not an insurance policy ana Goes 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. Policy LIMITS OF LIABILITY IN THOUSANDS 000 COMPANY TYPES OF INSURANCE Policy Exp. Ag.Products LETTER - COVERAGE REQUIRED No. Date Each Completed Occurrence Operations GENERAL LIABILITY x Comprehensive Form x Premises - Operations Bodily Injury Property Damage $ $ $ $ x Explosion & Collapse Hazard x Underground Hazard x Products /Completed Operations Hazard RfC 1' r ro Bodily Injury and Property x Contractual Insurance x Broad Form Property Dagg x Independent Contractors QR?f`... x Personal Injury C16 Marine Aviation aN 1 " OF p� y�i'PpR c. 11CWpgK fACy Damage Combined $ $ Personal Injury $ AUTOMOTIVE LIABILITY ❑x Comprehensive Form ❑ Owned ❑x Hired ❑x Non -owned C� ��q G ' %' Bodily Injury (Each Person $ $ o i y Injury (Each Occurrence Pro ert Damage Bodily injury and Property Damage Combined EXCESS LIABILITY ❑ Umbrella Form Bodily Injury ❑ Other than Umbrella Form and Property Damage Combined $ $ WORKERS' COMPENSATION Statutory ac Accident) and EMPLOYER'S LIABILITY 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 registered mail, attention: Public Works Department. By: L Agency: %� �[�ilZLU l��)C ��, Lk%1f -L-2 Lam. It' hor)z epresentative /7 /- i4-1:� / h � 1� ,n, / Da a Issue; Description'of operations /locations /vehicles: Beach by or on behalf of the named insured in G All operations performed for the City of Newport connection with the following designated contract: c. - LA finis certiticate or verification of insurance is not an insurance policy ana Goes 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. , • • 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 did^ e letter X in the appropriate box. ( ) Multiple Limits OF,gf Bodily Injury Liability �F,.'< each occurrence Property Damage Liability $'�% Qw�`�^ each occurrence (() Single Limit Bodily Injury Liability $ �(L J 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: This endorsement is effective a-I Pol i cy No G� � i�. j � L. Named Insured Name of Insurance —1. ect Title and Contraci - at 12:01 A.M. and forms a part of rsement No. • 0 Page 16 CONTRACT THIS AGREEMENT, entered into this /6G>iL.day of zq - 19 �S by and between the CITY OF NEWPORT BEACH, hereinafter "Ci W and hereinafter "Co ctor, "is made with reference to the following facts: (a) City has heretofore advertised for bids for the following described public work: PEARL AVENUE STORM DRAIN 2432 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: PEARL AVENUE STORM DRAIN Title of Project 2432 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 Eighty -eight Thousand Six Hundred Eighty -three and 98/100********************* ($88.683.98****). This compensation includes (1) any loss or damage arising from the nature of the work; (2) any loss or damage arising from any unforeseen difficulties or obstruc- tions in the performance of the work; (3) any expense incurred as a result of any suspension or discontinuance of the work; but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated herein by reference as though set out in full and include the following: (a) Notice Inviting Bids (b) Instruction to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and endorsement(s) . 0 Page 17 (f) Plans and Special Provisions for PEARL AVENUE STORM DRAIN p e (g) This Contract. 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 AS TO FORM: CITY RISING SUN COMPANY Contractor By Its [fldni.7ffij[l %1 E c m m .°J o c a 0 c v 6 { U W w H � ti h l d X 0 3 E 14 rl 0 Vl d L 6i G. O � 4 V-1 m I C7 it '. 1LL � G] (W rA s � m r .I o r y l� 1 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PEARL AVENUE STORM DRAIN IMPROVEMENT CONTRACT NO. 2432 INDEX TO SPECIAL PROVISIONS SECTION PAGE I. SCOPE OF WORK 1 II. BEGINNING OF WORK AND TIME OF COMPLETION 1 III. PAYMENT 1 IV. TRAFFIC CONTROL AND ACCESS 2 V. PROTECTION OF UTILITIES 3 VI. WATER 4 VII. SURFACE WATER CONTROL 4 VIII. CONSTRUCTION DETAIL 4 A. GENERAL 4 B. P.C.C. PAVEMENT 5 C. STORM DRAIN 5 D. PIPE ALTERNATES 5 E. SLIDE GATE AND AUTOMATIC ACTUATOR 5 F. CONSTRUCTION SURVEY 6 G. TIDAL EFFECTS 6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS PEARL AVENUE STORM DRAIN IMPROVEMENT CONTRACT NO. 2432 I. SCOPE OF WORK The work to be done under this contract consists of in- stallation of drainage pipe, construction of catch basins, installation of a slide gate with an automatic actuator and incidental work, including P.C.C. pavement removal and replacement. All work necessary for the proper completion of the contem- plated improvements shall be done in accordance with (1) these Special Provisions, (2) the Plans (Dwg. No. D- 5155 -5), (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction (1982 edition), (4) the Standard Specifications for Public Works Construction (1982 edition), including supplements to date. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department for five dollars ($5.00). Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, (213) 870 -9871. II. BEGINNING OF WORK AND TIME OF COMPLETION The Contractor shall complete all work by March 15, 1985 or within forty five (45) consecutive calendar dayEt after the start of construction, whichever occurs first. 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 therefore. Payment for incidental items of work, not separately provided for in the proposal, shall be included in the price bid for other related items of work. -1- IV. TRAFFIC CONTROL AND ACCESS General: Traffic and access shall comply with Section 7 -10 of the "Standard Specifications for Public Works Construction" and the requirements set forth herein. Traffic Plan: The Contractor shall be fully responsible for the adequacy of his traffic plan utilized for conformance with his intended construction schedule and staging, and to provide for its proper implementation and maintenance. The traffic control plan shall conform to the following requirements: 1. Traffic control shall be implemented according to the guidelines established in the "Work Area Traffic Control Handbook" (WATCH) published by Building News, Inc., and made a part of these Specifications. 2. Streets and sidewalks shall remain open to traffic at all times unless otherwise approved by the Engineer. 3. The Contractor shall schedule the work as necessary to maintain access for mail delivery, trash pickup, street sweeping and auto ferry operation. 4. All detours and transitions shall be installed by the Contractor and approved by the Engineer before any construction begins within the roadway or sidewalk. Barricades shall be used to protect the work area, and shall be spaced a maximum of 30 feet apart. 5. "NO Parking" Signs - The Contractor shall furnish and maintain in place "NO PARKING" signs (even if streets have posted "NO PARKING" signs) which he shall post at least 40 hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division, at (714) 644 -3742, for verification of posting at least 40 hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12 inches wide and 18 inches high; and (3) be similar in design and color to sign number R -38 on the Caltrans' Uniform Sign Chart. The Contractor shall print the hours, day and date of closure in 2 -inch high letters and numbers. A sample of the completed sign shall be approved by the Engineer prior to posting. 6. The traffic requirements specified herein shall apply to all phases in the construction of this project, including the placing of temporary resurfacing and the restoration of permanent resurfacing. 7. All warning signs, lights and devices to be used by the Contractor shall conform to the standards of the "Manual of Traffic Controls - Warning Signs, Lights, and Devices for use in Performance of Work Upon Highways" issued by the Department of Transportation, State of California, latest edition, or as otherwise stated herein. -2- Notice to Residences: Between forty -eight (48) and fifty - five (55) hours before closing a section of street or restricting vehicular access to and from driveway approaches, the Contractor shall distribute to each affected residence a written notice stating when construction operations will start and approximately when vehicular accessibility will be restored. The written notices will be prepared by the Engineer. The Contractor shall insert the applicable dates at the time he distributes the notice. Errors in distri- bution, false starts, acts of God, strikes or other alter- ations of the schedule will require renotification by the Contractor. Backfilling and Plate Bridging: The Contractor may find it necessary to either bridge the trench excavation using steel plates or backfill the trench with suitable material to support temporary traffic loading, to maintain access through local street intersections affected by the trenching operation. The Engineer may provide, free of charge, a limited quantity of 1" thick, 5' X 10' steel plates for use on this project. The Contractor may obtain the plates from and shall return them to the Corporation Yard at 592 Superior Avenue. The Contractor shall verify availability and request plates from Mr. Gil Gomez, Utilities Superinten- dent, at (714) 640 -2221. Fencing Around Excavation: The Contractor shall provide temporary 6 -foot high chain link fence around all areas of open trench during off work hours. Flagmen: If it becomes necessary, the Contractor shall provide uniformed flagmen to slow down and re -route traffic through the construction area. Payment: All costs for providing traffic control and access, including all requirements as detailed in this Section and as required for this construction project, shall be included in the lump sum price bid for "Traffic Control ". V. PROTECTION OF UTILITIES Known utilities are indicated on the Plans. Prior to performing construction work, the Contractor shall request each utility company to locate its facilities. Construction of the storm drain will cause work to be performed over, under and very near existing sewer, gas, electric, and water lines. The Contractor shall protect in place and be responsi- ble for, at no additional cost, any damage to utilities encountered during construction of the items shown on the Plans. -3- Existing buildings and structures abutting proposed im- provements are indicated on the Plans. Prior to construc- tion, the Contractor shall verify the location of existing buildings and structures and shall protect them in place and be responsible for, at his own expense, any damage to them resulting from construction of the improvements. VI. WATER The Contractor shall make his own provisions for obtaining and applying water necessary to perform his work. If the Contractor desires to use City water free of charge, he shall make arrangements by contacting Mr. Gil Gomez, Utilities Superintendent, at (714) 640 -2221. VII. SURFACE WATER CONTROL Surface runoff water containing mud, silt, or other deleterious material from the project shall be treated by filtration of retention in a settling basin or basins, sufficient to prevent such waters from directly entering storm drains or the bay. Prior to commencing construction, the Contractor shall submit a plan for implementing siltation control con- currently to the City and to the California Regional Water Quality Control Board, Santa Ana Region (6809 Indiana Avenue, Suite 200, Riverside, California 92506, Telephone: (714) 684 - 9330). Upon approval of the plan by the City and the Board, the Contractor shall be responsible for the implementation and maintenance of the control facilities. The Contractor's attention is called to Subsection 7 -8.1 of the Standard Specifications as regards to the project site maintenance. Contractor shall also provide for drainage at the ends of Pearl Avenue, Agate Avenue and Garnet Avenue during construction. All costs for providing surface water control, and for obtaining permits therefore, and for complying with the provisions of the permits shall be included in the lump sum price bid for "Mobilization ". VIII. CONSTRUCTION DETAIL (Supplemental to the Standard Specifi- cations for Public Works Construction) A. GENERAL The prices bid for each item of work shall include sawcutting and removal of P.C.C. pavement, curb and sidewalk, removal of existing drainage valves and the interfering portions of the existing drainage systems, removal of the remaining drainage system on the bay side of the bulkhead, plugging the holes (from the storm drain) in the concrete bulkhead along South Bay Front, removal of excess pipe excavation material and other objects necessary for the construction of the project while protecting all other improvements, utilities and features and all private property. Relocation of existing water and gas lines shall be performed by the City and the Gas Company respectively during construction. -4- The Contractor shall be careful while excavating along South Bay Front to avoid damaging the tie back rods for the concrete bulkhead. There are also fuel lines and power lines crossing South Bay Front at the area indicated on the plans. Use extreme caution in this area. B. P.C.C. PAVEMENT Concrete pavement for repairing Pearl Avenue shall be Class 520 -A -2500. Concrete for curbs and sidewalk shall be Class 520 -C -2500. Concrete for pipe bedding shall be Class 100 -E -100. C. STORM DRAIN South Bay Front: In order to avoid conflicts with the anchor piles for the concrete bulkhead, the final location of the catch basins at the end of Pearl Avenue and Garnet Avenue shall be determined by the Contractor during construction and approved by the Engineer. The two laterals along South Bay Front shall be constructed prior to the junction structure since grade adjustments may require a different floor elevation of the junction structure. D. PIPE ALTERNATES (EXCEPT FOR OUTFALL) The storm drain system shown on the plans was designed using A.C. pipe. The Contractor, at his option, may use the following alternates where A.C.P. is specified: - Perma -Loc series 10 P.V.C. drain pipe as manufactured by Johns - Manville Company, or approved equal. - SDR 35 P.V.C. sewer pipe. - Gravity weight CorBan RPM pipe as manufactured by Armco. Payment for storm drain pipe shall include pipe, P.C.C. pavement removal, excavation, bedding and backfill material and P.C.C. pavement or sidewalk. E. SLIDE GATE AND AUTOMATIC ACTUATOR Slide gate shall have a circular flat flanged back mounting frame which bolts directly to the concrete vault structure, capable of withstanding 60 foot seating (front) pressure and 10 foot unseating (back) pressure and shall have a non - rising stainless steel stem, bronze seat face and all stainless steel hardware including anchor bolts. Slide gate shall be manufactured by: - Waterman Industries model P -30F; or - Fresno model W. Automatic actuator shall be an electrically powered actuator capable of opening and closing the selected slide gate. The enclosure for the electric motor and control box shall be water tight. A remote control push button station with a lockable cover shall also be included. The actuator shall include a handwheel for manual operation. -5- 0 Power for the actuator will be 120/240 volt single phase and will come from an existing pole (P.P. #1729532E) located approximately 20' north of the centerline of Pearl Avenue in the alley easterly of South Bay Front. Contractor shall furnish and install a 100 amp electrical safety socket box per Southern California Edison Company requirements on this pole. Contractor shall also supply all necessary labor and materials including cable, trenching and resurfacing for the installation of the power cable and provide payment ($22±) to Southern California Edison for low voltage riser to the socket box. Automatic acutator shall be manufactured by: - E.I.M. controls; or - Limitorque; or - Rotork; - or approved equal. Payment for the slide gate and actuator shall include the slide gate, actuator, conduit, push button control station, meter panel, power connection and setting, and testing the controls for the actuator. F. CONSTRUCTION SURVEY Field surveys for control of construction shall be the responsibility of the Contractor. All such surveys, including construction staking, shall be under the super- vision of a California registered civil engineer or licensed surveyor. Staking shall be performed on all items ordinarily requiring grade and alignment at intervals normally accepted by the agencies and trades involved. Payment for construction survey staking shall be considered as included in the various items of work and no additional allowance will be made therefore. G. TIDAL EFFECTS Contractor shall schedule work around tidal fluctuations as necessary. The tide gates are normally closed when the tide reaches elevation +5.4' MLLW. The Contractor shall provide drainage at the ends of the street during construction. J r1 L 0 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: PEARL,:AVENUE STORM DRAIN ('C -2432) RECOMMENDATION: December 10, 1984 CITY COUNCIL AGENDA ITEM N0. F -3(a) BY THE CITY COUNCIL CITY OF NEWPORT BEACH DEC 101984 A PPR 14TED Award Contract No. 2432 to Rising Sun Co. for the total price bid of $88,683.98, subject to project approval by California. Coastal Commission, and authorize the Mayor and the City Clerk to execute the contract. DISCUSSION: At 11:00 a.m. on November 14, 1984, the City Clerk opened and read the following bids for this contract: Bidder Total Price Bid Low Rising Sun Co. $ 88,683.98 2 George Dakovich & Son, Inc. 93,960.00 3 John T. Malloy 106,600.00 4 Construction Engineers 101,935.00 *. 5 Gallacher Company, Inc. 143,817.66 6 Thibodo Construction 153,868.00 7 Gillespie Construction, Inc. 158,744.00 8 Clarke Contracting Corporation 175,254.00 *Corrected total price bid is $115,435. The low bid is 9% above the Engineer's estimate of $81,000. The low bidder, Rising Sun Co., has not performed previous contract work for the City; however, a check with their experience referents and the State Contractors' License Board has indicated that Rising Sun (1) has success- fully completed similar projects as general contractor for other Southern California agencies and (2) has no actions pending against their contractor's license, respectively. •This contract provides for the construction of a storm drain /tide gate structure system to serve Garnet, Pearl and Agate Avenues (see attached sketch). The storm drains are needed to relieve the flooding that occurs in the sump area of Park and Pearl Avenues, and to control the street end drainage at Agate, Pearl, and Garnet Avenues. r 0 0 • • December 10, 1984 Subject: Pearl Avenue Storm Drain (C -2432) Page 2 Funds from the following appropriations are proposed for the award: Account No. Amount Pearl Avenue Storm Drain 02- 3497 -303 $84,000.00 Harbor Street End Improvement Program 02- 4183 -052 4,683.98 A budget amendment to transfer $25,000 into the Pearl Avenue Storm Drain appropriation has been prepared for Council consideration (see attached Item No. F -13 for detail). Staff has applied for a Coastal Development Permit, which should be considered by the Coastal Commission this week. Upon approval, the Contractor will be notified to proceed with work so that work may be completed before the Easter Week crunch. Plans and specifications for the contract were prepared by RMG Engineering, Inc., formerly known as Hartge Engineering Company. Benjamin B. Nolan Public Works Director LD:jd Att. i • • TO: CITY COUNCIL FROM: Public Works Department SUBJECT: PEARL AVENUE STORM DRAIN (C -2432) RECOMMENDATION: • November 26, 1984 CITY COUNCIL AGENDA ITEM NO. F -13 Approve the transfer of funds from Account No. 02- 3497 -306 (Install Storm Drain in Balboa Yacht Basin Marina) to Account No. 02- 3497 -303 (Pearl Avenue Storm Drain) DISCUSSION: On November 14, bids were opened for the construction of storm drains on Balboa Island, as shown on the attached sketch. The contract will be rec- ommended for award at the Council meeting of December 10, 1984, the same week that project approval is expected from the California Coastal Commission. The award amount will be approximately $89,000, nearly $25,000 more than the available funding. To fund the award amount, staff recommends the transfer of the $25,000 appropriation from Account No. 02- 3497 -306 (Install Storm Drain in Balboa Yacht Basin Marina) into the Pearl Avenue Storm Drain account. The $25,000 general fund appropriation is no longer necessary since the Yacht Basin storm drain construction has been determined to be eligible for loan funds from the State of California Department of Boating and Waterways. Benjamin B. Nolan Public Works Director LD:jd 9 Att, APPROVED BY CITY COUNCIL DATF, 3 • A 17 PARR ie za �o e /s t6 /3 /t n /0 P 7 514 /9 !G K 2! !f 1S /O ?G 9 PROJECT e LOCATIONVN c I t5 ?t j Z¢ 23 Q TS AIDE. 2/ /d 222 22 /1 td 23 /G a 24 /S ?5 tr 41 2/1 Iz 17 2B /r Q' 2y 7 33 T_ o / 2 3 .a. ¢ S 'j,do,ry P zepewT /ON W,4t" CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PEARL AVENUE STORM DRAIN DRAWN DATE APPROVED PUBLIC WORKS DIRECTOR R.E. NO. DRAWING NO. i .. 0 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: PEARL AVENUE STORM DRAIN (C -2432) RECOMMENDATION: November 26, 1984 CITY COUNCIL AGENDA ITEM NO. F -13 BY THE CITY CC7NC1, CITY Of NEWPORT BEACH NOV 2 G 1981 Approve the transfer of funds from Account No. 02- 3497 -306 (Install Storm Drain in Balboa Yacht Basin Marina) to Account No. 02- 3497 -303 (Pearl Avenue Storm Drain) DISCUSSION: On November 14, bids were opened for the construction of storm drains on Balboa Island, as shown on the attached sketch. The contract will be rec- ommended for award at the Council meeting of December 10, 1984, the same week that project approval is expected from the California Coastal Commission. The award amount will be approximately $89,000, nearly $25,000 more than the available funding. To fund the award amount, staff recommends the transfer of the $25,000 appropriation from Account No. 02- 3497 -306 (Install Storm Drain in Balboa Yacht Basin Marina) into the Pearl Avenue Storm Drain account. The $25,000 general fund appropriation is no longer necessary since the Yacht Basin storm drain construction has been determined to be eligible for loan funds from the State of California Department of Boating and Waterways. t _- ca X4 Benjamin B. Nolan Public Works Director LD:jd Att. CITY OF PEARL STORM AVENUE DRAIN DRAWN MOXX DATE APPROVED PUBLIC WORKS DIRECTOR R.E. N0. DRAWING NO. THE NEW PORT ENSIGN PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA. County of Orange, 1 am a citizen of the United States and a resident of the County aforesaid, I am over the age of eighteen years, and not a party to or interested in the above - entitled matter. I am the principal clerk of the printer of the Newport Harbor Ensign newspaper of general circula- tion, printed and published weekly in the city of Newport Beach, County of Orange, and which news- paper has been adjudged a newspaper of general circulation by the Superior Court of the County of Or- ange, State of California, under the date of May 14, 1951, CASE NUMBER A 20178 that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil) has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates to wit: e, �_ (3'� This space is for the County Clerk's Filing Stamp A Proof of Publication of Paste Clipping of Sealed bids m NOTICE INVFPINO BIDS . -. aq received al the office of the City Clerk, 3300 Newport Boulsv d, P,O. 19os 1768, Newport ]leach, CA 9265&8915 =td 11:00 a.m. on the 14th day of November, 1%4, of which time wch bide shall be oPeaed and read for PEARL AVENUE STORM DRAIN Title of Project- . 3492 Coatraet No. E. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Newport Beach, California, this) (relayof r! Signature THE NEWPORT ENSIGN Prospecdve bidders may o9 oust at the office of the Pubb Boulevard, P.O Box 1768, b For further falormayon, cop at 6444311. 10/24 PROOF OF PUBLICATION at no NE.3994 ,, • • BY THE CITY COUNCIL CITY OF NEWPORT BEACH OCT 2 21984 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: PEARL AVENUE STORM DRAIN (C- 2432),$ RECOMMENDATIONS: Approve the plans and specifications. *October 22, 1984 CITY COUNCIL AGENDA ITEM NO. F -17 2. Authorize the City Clerk to advertise for bids to be opened at 11:00 a.m. on November 14, 1984. DISCUSSION: This contract provides for the construction of (1) a 21- inch - diameter storm drain pipe in Pearl Avenue from three new catch basins at Park Avenue to 40 feet into the South Bay Front beach, (2) a tide gate structure with an electrically powered gate at the Pearl Avenue street end at South Bay Front, and (3) 15- inch - diameter storm drain pipes under the South Bay Front sidewalk from the tide gate structure to catch basins at the Garnet and Agate Avenue street ends at South Bay Front (see attached sketch). The storm drains are needed to relieve the flooding that occurs in the sump area of Park and Pearl Avenues, and to control the street end drain- age of Agate, Pearl and Garnet Avenues. The work is to be performed within a 45 -day period before March 15, 1984. During construction, pedestrian traffic along the South Bay Front sidewalk will be rerouted to the south speedway, and Pearl Avenue will be closed to vehicles, except during emergencies. Adjacent residents will be provided with notices in advance of the work so that they can plan alternative locations for residence access and parking. A Negative Declaration of Environmental Impact has been prepared, and was approved by the Environmental Affairs Committee. The Notice of Determination has been filed wtih the County Clerk and published in the local newspaper. Staff has applied for a Coastal Development Permit, which must be obtained prior to award of contract. • Plans and specifications for the work have been prepared by_RMG. Engineering, Inc., formerly known as Hartge Engineering Company. Their con- struction estimate is $81,000. Sufficient funds to award this amount are available in the following accounts: Pearl Avenue Storm Drain 02- 3497 -303 Storm Drain Improvement Program 02- 3484 -053 Senj min S. Nolan Public Works Director LRD:jd Att. (m) • • teA. t5 1t ; tG /T Q 22 21 Q 13 ` YS P.[IRK ce. �i /s /8 17 2n /7 2/ /¢ /9 /G ,� v /d 22 13 ?O /S 22 17 tj 22 " 2 e // 2` . /j N 17 8 •�` 2S /O 27 /2 Q 28 PROJECT e 2? /o s ` LOCATION G / 2 3 o 'c'ep�Vr • I COC,AT /ON �IgAP CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PEARL AVENUE STORM DRAIN APPROVED C DATE a 0 v PUBLIC WORKS DIRECTOR R.E. NO. DRAWING NO.