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C-2498 - Irvine Terrace Screenwall
CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (7I4) 644 -3005 September 5, 1985 Chris R. Stephens, Inc. 18226 W. McDurmott, Suite D Irvine, CA 92714 Subject: Surety: Indemnity Company of California Bonds No.: 911165P Contract No.: -G-2&98= Project :as#na=wTs >&Ci9aBBa�hY7ola The City Council on August 12, 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 August 16, 1985, Reference No. 85- 306516. Please notify your surety company that the bonds may be released 35 days after this date. Sincerely, 1 Wanda E. Raggio City Clerk WER:pm cc: Public Works 3300 Newport Boulevard, Newport Beach mPLEASE RETURN TO: Ex. + ,mno,a4Ai 12City "— ICOdS8193 J PCity of Newpor Beach ¢3300 Newport Blvd. Newport Beach, CA 92663 -3884 C13. NO Cl>I'SIVERATION NOTICE: OF COMPLETION PUBLIC WORKS �85- 306516 I o All Laborers and Material Men and to Every Other Person YOU WILL PLEASE TAKE NOTICE that on August 12 the Public Works project cons isting_.of__-_lrvine Terrace Screenw r` ti SfP I on which Chris R. Stephens, Inc., 18226 W. McDermott, Suite D, Irvine, CA 92714 was the contractor, and Indemnity Company of California, 333 Wilshire Ave., Anaheim, was the surety, was completed. VERIFICATION I, the undersigned, say: CITY OF NEWPORTT%BFFACH » xyzll Public 'Works Director I am the Public Works Director of the City of Newport Beach; the foregoing Notice of Completion is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on August 14, 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 August 12. 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 August 14, .1985 at Newport Beach, California. i OF ORANGE COUNTY -11 SAM AUG 16'85 Co�,Y RECORDER 0 9 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 August 15, 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 Irvine Terrace Screenwall, Contract No. 2498 on which Chris R. Stephens, Inc. was the Contractor and Indemnity Company of California was the Surety. Please record and return to us. Sincerely, A 6 "'4 ' e Wanda E. Raggio City Clerk WER:pm Attachment cc: Public Works Dept. 3300 Newport Boulevard, Newport Beach N F BY THE CITY COUNCIL August 12, 1985 CITY OF NEWPORT BEACH CITY COUNCIL AGENDA AUG 12 +`;a5 ITEM NO. F -15 TO: CITY COUNCIL APPROVED FROM: Public Works Department SUBJECT: ACCEPTANCE OF IRVINE :.,TERRACE'= SCREE1#AALL° ALONG COAST HIGHWAY FROM JAMBOREE ROAD TO ZAHMA DRIVE (C -2498) 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_ >Noti,ee of.Comp3etion -has been. :filedo DISCUSSION: • The contract for the subject project has been completed to the satis- faction of the Public Works Department. The bid price was $184,236 Amount of unit price items constructed 183,396 Amount of change orders 1,750 Total contract cost 185,146 Funding for the project was as follows: Circulation and Transportation Fund: $134,415 Irvine Terrace Contribution: $ 50,731 One change order was issued to provide for removal and replacement of the access sidewalk near Jamboree Road. The: contractor,. s.:Chris-R.><;Stephens, Inc.;- :nf.:I r.0ne.: The contract date of completion was July 8, 1985. The contractor was delayed in starting due to non - performance by his original sub - contractor. A • change was approved and the work was completed by July 23, 1985. 4�� �� Nolan Public Works Director GPD:jd • TO: CITY COUNCIL FROM: Public Works Department BY 1HL 0Y COUNCIL CITY OF NEWPORT BEACH AUG 12 i985 August 12, 1985 CITY COUNCIL AGENDA ITEM NO. F -18 B.A. NO. ___F2 — o APPROVED ` ^ y SUBJECT: BUDGET AMENDMENT FOR LANDSCAPING THE IRVINE TERRACE SCREEN WALL RECOMMENDATION: Approve a $12,000 budget amendment appropriating funds from the Circulation and Transportation Fund for landscaping the Coast Highway side of the newly completed Irvine Terrace screen wall. DISCUSSION: The Irvine Terrace screen wall has been completed and an evaluation of the City's obligation to replace landscaping has been prepared. The Parks, • Beaches, and Recreation Department estimates that $12,000 will be needed to replant and add landscaping. They plan to install trees and shrubs. The $12,000 will be used to buy and install plant material. The installation will be done with City Parks forces. The screen wall project was a cooperative effort between the City and the Irvine Terrace Homeowners Association. The Homeowners Association agreed to pay for replacement landscaping on the inside of the fence, and it is the City's responsibility to landscape the Coast Highway side of the fence. The relandscaping is considered to be a part of the overall wall cost and should be paid for from the contributions made for the wall. These contri- butions were deposited in the Circulation and Transportation Fund. Benjamin B. Nolan Public Works Director DW:jd • 0 TO: FINANCE DIRECTOR Public Works FROM: CITY CLERK CITY OF NEWPORT BEACH DATE: May 13, 1985 SUBJECT: Contract No. 0-2498 OFFICE OF THE CITY CLERK 1714 640.2251 2 ��cQiic -c-C� Description of Contract Irvine Terrace Screenwall Effective date of Contract May 13. 1985 Authorized by Minute Action, approved on April 8, 1985 Contract with Chris R. Stephens, Inc. Address 18226 W. McDurmott, Suite D Irvine, CA 92714 Amount of Contract $184.236.00 k ;,i� L. Wanda E. Andersen City Clerk WEA:It attach. City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 9 TO: CITY CLERK FROM: Public Works Department SUBJECT: IRVINE TERRACE SCREENWALL, C -2498 0 May 10, 1985 Attached are four copies of the subject contract documents. Please have them executed by affixing your signature on behalf of the City and obtain the Mayor's signature on the appropriate pages. After execution of the documents, retain your copy and return the other copies to the Public Works Department to my attention. Jeff Staneart Associate Civil Engineer JS:kf Att. y r CITY CLERK NOTICE INVITING BIDS a rt)eW( 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 3:00 p.m. on the 27th day of March , 1985, at which time such bids shall be opened and read for IRVINE TERRACE SCREENWALL Title of Project 2498 Contract No. $194,000 Engineer's Estimate R Approved by the City Council this 11th day of March 1985. 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 Don Webb at 644 -3311. Project Manager r,� • • PR 1.1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL IRVINE TERRACE SCREEN WALL 1984 -85 CONTRACT NO. 2498 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P. 0. Box 1768 Newport Beach, CA 92658 -8915 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete this Contract No. 2498 in accordance with the Plans and Special Provisions, and will take in full payment therefor the following unit price 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 Clear and grub @ FOUR THOUSAND Dollars and No Cents Per Lump Sum 2. 38 Tree removal Each @ TWD HII nun Dollars and Cents Per ach 3. 4,350 Six -foot slumpstone wall with cap Linear Foot @ TWFNTY -NTNF Dollars and NO Cents Per Linear Foot s,I I1 $ 29.00 $ 126.150.00 • • PR 1.2 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 446.25 Eight -foot slumpstone wall with cap Linear Feet @ FORTY -FOUR Dollars and NO Cents $ 44.00 $ 19,635.00 Per Linear Foot 5. 115 Eight -foot slumpstone wall with cap Linear Feet and retaining wall footing @ FORTY -EIGHT Dollars and NO Cents S 48.00 $ 5.520.00 Per Linear Foot TOTAL PRICE WRITTEN IN WORDS FOR BID ITEMS 1 THROUGH 5 ONE HUNDRED SIXTY -TWO THOUSAND NINE HUNDRED FIVE Dollars and Nn Cents $ 162,905.00 6. Lump Sum Slumpstone with cap entry walls six- to ten - feet -high with planter including 16 -inch pilaster and the removal of the existing entry walls @ FIVE THOUSAND SFVFN HUNDRED THTRTV -f1NF DhIIARS and NO Cents $ .5- 31.00 Per Lump Sum 7. 138 Six -foot by 12- inch - square slumpstone Each pilasters ONE HUNDRED Dollars and Cents $ 100.00 $ 13 00.00 Per ach 0 �J PR 1.3 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 8. 6 Eight -foot by 16- inch - square slumpstone Each pilasters @_THRFF HIINDRFn Dollars and NO Cents $ 300.00 $ 1,800.00 Per Each 8409250 Contractor's Lic. No. & Ciassi ication Bidder's Telep one Number AVilSeL 1. TOTAL $ 184,236.00 CHRIS R. STEPHENS, INC. Bidder sident Authorized Signature Title I California 92714 Bidder's ddress 0 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. R409950 Contr's Lit. No. & Classification MR u. 11 •: tilLt7�ii.')fIhf111�1�6 � Authorized Signature /Title Page 3 DESIGNATION OF SUBCONTRACTOR(S) The undersigned certifies that he has used bid(s) of the following listed subcontractor(s) in making up his bid,and that the subcontractor(s) listed will be used for the work for which they bid, subject to the approval of the Engineer and in accordance with the applicable provisions of the Specifications. No change of subcontractor may be made except with the prior approval of the Engineer.and as provided by State law. Item of Work Subcontractor Address 2. 1545 S. Palmetto, Ontario CA 91761 3. 4. 5. M 7. 8. a • 10. 11. 12 - eMM � Aut OA%d Signature /Ti le t A cashier's check in the 46t of Eighteen Thousand Nine 9dred Page 4 Eighteen Dollars ($18,918) was submitted in lieu of Bidder's Bond. BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, as bidder, and , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Dollars ($ ), 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 day of , 19 . (Attach acknowledgement of Attorney -in -Fact) X Title Bidder Authorized Signature /Title Surety IJ NON- COLLUSION AFFIDAVIT 9 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. CHRIS R. STEPHENS, INC. Bidder S /Chris R. Stephens, President Authorized Signature /Title Subscribed and sworn to before me this 97th day of Marsh 19-3,E. My commission expires: 7 -4 -88 S /Suzan L. Borinq Notary Public FOR ORIGINAL SEE CITY CLERK'S FILE COPY. . 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. On file with City Clerk. Pident Aut orized Signature it e • 0 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. 1985 City of Costa Mesa (Blockwall) Dave Alkema 754 -5300 1985 Orange & Cabrillo, Ltd. Charles Spiller 631 -1266 26 Condos 4 Apartments) .;E nden 1984 Olson & Potter Ed Olson (Industrial Building) -2530 213) 670 -2590 1985 Meserve /Small Ed Meserve 833 -2900 (Commercial Building) 1984 American Mortgage Bankers Phyllis Downs 833 -7890 (6 Condos) CHRIS R. STEPHENS, INC. Bidder /,fdiris R. Stephens, President authorized Signature /Title I I i i • 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 Ke Ratin Guide: Property - Casualty. Coverages shall be provided for a TYPES OF INSURANCE checked on the CERTIFICATE OF INSURANCE. All costs associated with the specifications of these contract documents shall be absorbed in the bid. Such specifications shall include those contained in (1) each contract document and (2) the Standard Specifications for Public Works Construction,(latest edi- tion adopted for use in the City of Newport Beach), except as supplemented or modified by the Special Provisions for this project. Bond No. 116SP • Premium i�luded in charge for Performance Bond Page 9 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by adopted motion u,, ,n Adnotpd .. has awarded to CHRTq R_ RTFPHFNR, INE hereinafter designated as the "Principal ", a contract for 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 CHRIS R. STEPHENS, INC. as Principal, and INDEMNITY COMPANY OF CALIFORNIA as Surety, are held firmly bound unto the City of Newport Beach, in the sum of ONE HUNDRED EIGHTY -FOUR THOUSAND TWO HUNDRED Dollars ($ 184.236.00 ), THIRTY -SIX DOLLARS----------------- - - - - -- 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 L Page 10 Payment Bond (Continued) this bond, as required by the Provisions of Sections 3247 et. scq. 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 PrirscijlaT =pia . Surety above named, on the 1st day of MAY CHRIS R. STEPHENS, INC. -.--(.seal') Name of Contractor Principal President Authorized Signaoture and Title Ap roved alsl to form: CTty— Attorney Authorized Signature and Title INDEMNITY COMPANY OF CALI FOR NJSeal) Name of Surety 333 Wilshire Blvd.. Anaheim. CA 92801 Address of Surety Aavid C. f r A ' -F Signature an Title of uthorized gent 333 Wilshire Blvd. , Anaheim CA 92801 Address of Agent 714/ 999 -1471 Telephone No. of Agent t Z O e O C. 4 9 0 G c s a n 0 z V C ro 9 C 7 L E v O a Q C ILL�N J �OJr 6 J yl 6 I�H0 W O C O Q q 6 � y o u K O F u C '2 P C u o E � c $ U v e V o y ✓ �U Y O p O T T r O C O n 'C W ✓ 4'. 0 b C F E N z F 2 t aaaH azavis n ti N u>i d ` Y S taP O Stock No. CAL -0374 (Rev. 6 -83) Ack. Corporation Steole- y J So= I `PSQrA IS N y Q � I ry ii 6 mmm J S C N J J d � 3 x J F � A m j I F 1 J JI o 3 I m I O I D a d R I rn, d0c g R i m Z I w 0 I O I I y I 1 N 0 1� 1 I m 1 5 J � m � T O a z s a m a r 0 m y a v J Dm 5, 00 rn 0 j 5 O D a n y 7 m m O o T =D J O () r! $ a Q_ Z d >- i� � v I � � v o d I 0 d a i J m n o , rn m' � rw U� m azi Cm ZC) m o B�nd No. 911165P . emi# $2,764.00 Page 11 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 Anw4l R lane has awarded to CHRIS a c s cir�ou I INC i hereinafter designated As the "Principal ", a contract for _1NE TERRACE SCR DIMA111 (C-24") 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, CHRIS R. STEPHENS, INC. as Principal, and INDEMNITY COMPANY OF CALIFORNIA as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of ONE HUNDRED EIGHTY -FOUR THOUSAND TWO HUNDRED THIRTY-SIX ------------------------------------ Dollars 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 I i i "1. Faithful Performance Bond (Continued) IS Page 12 1 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 1st day of May , 19 85 CHRIS R. STEPHENS, INC. (Seal ) e of Contractor (Principal) AUtnorizea Signature ana retie:-_ .. Authorized Signature and Title INDEMNITY COMPANY OF CALIFORNIA Seal) Name of Surety 333 Wilshire Ave., Anaheim, CA 92801 Address of Surety i rat re and Title of Authorized Agent a iduC. Banfer, Attorney -in -Fact A roved as to form: 333 Wilshire Ave., Anaheim, CA 92801 C L i Address of Agent City Attorney (714) 999 -1471 Telephone No. of Agent n n A F G W il h1 y 3 Y d i 0 STAPLE HERE 0 0 o � � q j 9 1 3 0 9 O 6 z rt O v O 3 o. w' a C c Y n v N n CO Y A -I m t A 0 T n S Q r 2 O A N N 1 c stir 1 m xoa-0 1 yG)p 117 10 r cQ ni p� 1-i OT r D, 7moZ Z_AF" O 3 o. w' a C c Y n v N n CO Y A -I m t A 0 T n S Q r 2 O A N N ,SA-FLW Stock No. CAL_.,.b-w,AcK. __a bmm-.4- .0impla-, \ ��. ��. | ) ( � � k �m 2030 \f3\/ \ }}� ! /\ �z ° }a$ .'\f .0« o i\ ;» s! \!§.' ® ©Ua 4 U. ' ƒ |!) ] §[ ■ ik &r.'.( � !� � \!\§ '2 ��. ��. | ) ( � � k �m 'n n 0 A A N S a c a Z N 3 5 0 6 O ti —. tK ol i •O r• � W >t IA f; Of"! rl Ir C � aR7 NI INC =' =�mr r n r Zno I� �myl•Il rl !---- - -` a 'R R O O K K T .I� � q V 3 � w L o r• d a n 3 - o W w s w " M C � o H O G' 0 •f w O 3 n 2 O 6 9 s S -1 .zi m O < O 7C y r Z �O N N ri 77�} +, 9 0 INDEMNITY COMPANY of CALIFORNIA 820 NO. PARTON ST./ SANTA ANA, CA, 92701 The premium for this bond is included in the premium for the bond guaranteeing perform- ance of the contract covered thereunder. KNOW ALL MEN BY THESE PRESENTS: Chris R. Ste PAYMENT BOND — PUBLIC WORK Inc. Bond No- 911165P _ ac Princinal. and INDEMNITY COMPANY of CALIFORNIA, a corporation authorized to transact a general surety business in the State of California, as Surety, are held and firmly bound unto City Of Newport Beach Four Thousand Iwo Hundred Thirty-Six an no nasObligee jl8hesym9f brie Hundred 1g `9 1 4 LSf) -- --- - - - ---- - ollars ( P jr the payment whereof, in lawful money of the United States, said Principal and Surety bind themselves, their heirs, administrators, lccessors and assigns, jointly and severally, firmly by these presents. Abe Condition of the foregoing obligation is such that: whereas, the above bounden Principal has entered into a contract, dated is with the City of Newport Beach do the following work, to -wit: Irvine Terrace Screenwall Contract No. 2498 i Now, therefore, if the above bounded Principal, contractor, person, company or corporation, or his or its sub - contractor, fails to pay `ny claimant named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance toe, with respect to work or labor performed by any such claimant, that the Surety on this bond will pay the same, in an amount ,4ot exceeding the aggregate sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fees to be taxed as costs in said suit. his bond shall inure to the benefit of any person named in Section 3181 of the Civil Code of the State of California so as to give a tight of action to them or their assignees in any suit brought upon this bond. r This bond is executed and filed to comply with the provisions of the act of Legislature of the State of California as designated in Civil Code, Sections 3247 -3252 inclusive, and all amendments thereto. `• Signed and Sealed this 1 S t day of Ma ICC -311 (Rev. 3/79) ,19 85 Chris R. Stephens, Inc. INDEMNITY COMPANY of CALIFORNIA B Y David C. Banfer, " "o " "`V- ' " -' "" S _r, y z �y 0. 5 0 n a ro n � Y Y p w O ro n 6 ° c o � o � o. a � � o 2. o n R ° ° c p a s o ° " c ° 3 C ry ° 0 e 3 O It '1 1 � 1 I 1 I 1 IN 1 IT A�G�QI �g prntD ^yi � dm�Ri 1`I 1� Zs� a � > e -1 K 6 r � 4 C z z i ID ' zt N w n O x z INDEMNITY COMPANY OF CALIFORNIA Home Office: 333 Wilshire r ICC NO. 503411 Anaheim, California 92801 • (714) 999 -1471 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that Indemnity Company of California, does hereby make, constitute and appoint David C. Banfer its true and lawful Attorney(s) -in -Fact, to make, execute, seal and deliver for and on its behalf as surety, all bonds or undertakings if executed before June 30,1985; and to bind INDEMNITY COMPANY OF CALIFORNIA thereby and all of the acts of said Attorney(s) -in -Fact, pursuant to these presents. are hereby ratified and confirmed. This Power of Attorney is granted and is signed by faccimile under and by the authority of the following Resolution adopted by the Board of Directors of INDEMNITY COMPANY OF CALIFORNIA at a meeting duly called and held on the 16th day of August, 1976. This power of Attorney does not cover the following: Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial institutions, lease bonds, insurance company qualifying bonds, warehouse bonds, self - insurer's bonds. fidelity bonds. bail bonds, wage law bonds, and bonds of Ne Exeat or fiduciary bonds. "RESOLVED, that the Chairman of the Board, the President, any Vice President of the Company, be, and that each or any of them hereby is authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of INDEMNITY COMPANY OF CALIFORNIA, bonds, undertakings and all contracts of suretyship; and that any Secretary or any Assistant Secretary be, and that each or any of them hereby is. authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company." "FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." NOTICE: 1. This Power void unless corporate seal perforates power next to signatures. 2. This Power void if altered or erased. 3. Power of attorney should not be returned to Attorney -in -Fact, but should remain a permanent part of the obligee's records. In Witness Whereof, INDEMNITY COMPANY OF CALIFORNIA has caused its official seal to be hereunto affixed, and these presents to be signed by its President or by one of its Vice Presidents and attested by its Secretary or by one of its Assistant Secretaries this 16th Day of August. 1976. ATTEST: INDEMNITY COMPANY OF CALIFORNIA By Paul E. Griffin Jr. Secretary Jero . Sweeney President STATE OF CALIFORNIA COUNTY OF ORANGE On this 14th Day of June, 1984, personally came before me, Jerome J. Sweeney, President, and Paul E. Griffin Jr., Secretary, to me known to be the individuals and officers of INDEMNITY COMPANY OF CALIFORNIA. who executed the above Instrument, and they each acknowledge the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. OFFICIAL SEAL emyVICKIE JOHNSON NOTARY PUSUC•CAUFORNIA ORANGE COUNTY Commisswd Expires Nov. 22, IM 1{ �Y W IIUANN /YNINM IIII IMYII I IYIlINg1�f STATE OF CALIFORNIA COUNTY OF ORANGE CERTIFICATE U� Notary Public Vickie Johnson. I, the undersigned, assistant secretary of INDEMNITY COMPANY OF CALIFORNIA, DO HEREBY CERTIFY that the loregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the Resolutions of the Executive Committee of the Board of Directors set forth in the Power of Attorney, are now in force. Signed and sealed in the City of Santa Ana, California, this I S C day of May . 19 85 WARNING' This is a Copyrighted document ER I Any D unless the • reproduction is prohibited THIS POWER IS VOID unless me seals are readable, text is In brown Ink, signatures are in blue ink and warning is In red Ink. ICC -7 Rev 5 -14 -84 Bayanl R. 8aloloy Assistant Se Lary L City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NAME AND ADDRESS OF INSURED • CERTIFICATE OF INSURAICE • Page 13 SURANCE COMPANIES AFFOR Letttery A Northern Assurance Company company B MID CENTURY INSURANCE Letter company C Letter uompany D 18226 H. McOurmott. Suite D Letter �,ompany E Irvine. CA 92714 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 registered mail, attention: Public Works Department. By: 0ARO�Ia. Agency: _.21991 El -EPA;?A 92630 Author zed epresentative S —1=5� Date Issued 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: IRVINE TERRACE SCREENWALL (C -2498) Project Title and Contract Number This certificate or verification of insurance is not an insurance policy and does npL amend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requirement, teen, 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.Produc LETTER COVERAGE REQUIRED No. Date Each Completec Occurrence Operatior GENERAL LIABILITY x Comprehensive Form Bodily Injury $ $ x Premises - Operations Property Damage $ $ - x Explosion & Collapse Hazard x Underground Hazard x Products /Completed Operations Bodily Injury „ Hazard and Property x Contractual Insurance Damage Combined $ $ x Broad Form Property Damage x Independent Contractors x Personal Injury Marine Personal Injury $ Aviation AUTOMOTIVE LIABILITY B ❑x Comprehensive Form 10636 -55 -76 Q Owned 6 -28 -8 Bodily Injury (Each Person $ 5 0 000 s 100,000 Bodily Injury (Each Occurrence Q Hired ❑x Non -owned Property Damage Bodily Injury and Property Damage Combined $ 30/60 EXCESS LIABILITY ❑ Umbrella Form Bodily Injury ❑ Other than Umbrella Form and Property Damage Combined $ $ WORKERS' COMPENSATION Statutory ac and EMPL'OYER'S LIABILITY 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: 0ARO�Ia. Agency: _.21991 El -EPA;?A 92630 Author zed epresentative S —1=5� Date Issued 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: IRVINE TERRACE SCREENWALL (C -2498) Project Title and Contract Number This certificate or verification of insurance is not an insurance policy and does npL amend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requirement, teen, 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. City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 42663 NAME AND ADDRESS OF INSURED N. 4 •CERTIFICATE OF INSURANCE • Page 13 INSURANCE COMPANIES AFFORDING COVERAGES Company A Letttery A Northern Assurance Company Company B Letter Company C Letter 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). TOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. ;ANCELLATION: Should any of the above described policies be cancelled or coverage reduced before the expiration date thereof, the•Insurance Company affording coverage shall provide 30 days' advance notice to the City of Newport Beach by registered mail, attention: Public Works Department. ly Mi WE Agency: i Pn Mi i i Pr P A r 5 -1 -85 Date Issued lescription of operations /locations /vehicles: All operations performed for the City of Newport ,each by or on behalf of the named insured in connection with the following designated contract: IRVINE TERRACE SCREENNALL (C -2498) Project Title and Contract Number 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. Policy LIMITS OF LIABILITY IN THOUSANDS D00 OMPANY -ETTER TYPES OF INSURANCE COVERAGE REQUIRED Policy No. Exp, Date Each Ag.Product Completed Occurrence Operations GENERAL LIABILITY x Comprehensive Form A97045 0 Bodily Injury $ $ x Premises - Operations X Explosion & Collapse Hazard x Underground Hazard x Products /Completed Operations -1 -84 to -1 -86 Property Damage $ $ Bodily Injury Hazard and Property x Contractual Insurance Damage Combined $500,000 $500,000. x Broad Form Property Damage X Independent Contractors X Personal Injury Marine Personal Injury $ Aviation AUTOMOTIVE LIABILITY LJx Comprehensive Form Bodily Injury (Each Person $ ❑x Owned $ Bodily injury (Each Occurrence ❑x Hired Pro ert ama e Non -owned Bodily Injury and Property Damage Combined $ EXCESS LIABILITY ❑ Umbrella Form Bodily Injury ❑ Other than Umbrella Form and Property Damage Combined $ $ WORKERS' COMPENSATION Statuto tEach Accident) and EMPLOYER'S LIABILITY TOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. ;ANCELLATION: Should any of the above described policies be cancelled or coverage reduced before the expiration date thereof, the•Insurance Company affording coverage shall provide 30 days' advance notice to the City of Newport Beach by registered mail, attention: Public Works Department. ly Mi WE Agency: i Pn Mi i i Pr P A r 5 -1 -85 Date Issued lescription of operations /locations /vehicles: All operations performed for the City of Newport ,each by or on behalf of the named insured in connection with the following designated contract: IRVINE TERRACE SCREENNALL (C -2498) Project Title and Contract Number 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. 1 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. ( ) Multiple Limits Bodily Injury Liability Property Damage Liability ( ) Single Limit Bodily Injury Liability and Property Damage Liability Combined $ 100 , 000 each occurrence —T $ 50 000 each occurrence $ S0� 00 O each occurrence 30/c,o 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: IRVINE TERRACE SCREEKWALL (C -2496) Project Title and Contract No.). This endorsement is effective 5 - (- $5 at 12:01 A.M. and forms a part of Policy No. 1 NoL -, - SS --7 Co Named Insured nt No. Name of Insurance Company MiD-OEQTnS -1/ TiJC.By W/12Cii Lyuw/_n Authoriz d Re esentative 0 • Page 15 CITY OF NEWPORT BEACH COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for Comprehensive General Liability, the City of Newport Beach, its officers and employees are additional in- sureds but only with respect to liability arising out of operations performed by or on behalf 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 ANPX Property Damage Liability ( x) Single Limit QRWki<RRoxgiRglkxl<i< Qit $ 50WXW0N400x enbXQ=X1iQ1PU $ 1ttgizxz:xxab0aexx e1aXX6=XKqnUX Bodily Injury Liability $500.000.00 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: IRVINE TERRACE SCREENWALL (C•2486) Project Title and Contract No. This endorsement is effective Policy No. NA 9704520 Named Insured Stephens. In at 12:01 A.M. and forms a part of Endorsement No. Name of Insurance Company Northern Assurance Co. By /1_2azA U thori d Representative LEN MILLER & ASSOCIATES 0 CONTRACT • Page 16 THIS AGREEMENT, entered into this �Gday of CLe 19 YS" by and between the CITY OF NEWPORT BEACH, hereinafter "City,` an CHRIS R. STEPHENS, INC. hereinafter "Contractor is made with reference to the following facts: (a) City has heretofore advertised for bids for the following described public work: IRVINE TERRACE SCREENWALL 2498 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: IRVINE TERRACE SCREENWALL 2498 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 ONE HUNDRED EIGHTY -FOUR THOUSAND TWO HUNDRED THIRTY - SIX-------- - - - - -- 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 IRVINE TERRACF SCRFFNWAIt 2498 Title of Project Contract No. (g) This Contract. 4. Contractor shall assume the defense of, and indemnify and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, except such loss or damage proximiately caused by the sole negligence of City or its officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. Liiffty City Clerk APPROVED AS TO FORM: 5U, A L�. L, City Attorney CITY CHRIS R. STEPHENS, INC. Contra for By Its PrPairiant OF By Its CONTRACTOR SCOPE OF WORK • SP 1 of 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS IRVINE TERRACE SCREEN WALL CONTRACT NO. 2498 The work to be done under this contract consists of constructing approxi- mately 5,000 linear feet of six- to eight- foot -high slumpstone block wall across the frontage of Irvine Terrace along East Coast Highway from Jamboree Road to Zahma Drive (westerly side of the Bank of Newport). The contract includes the removal of the existing wood and chain link fences, block walls and pilasters, and landscaping as necessary to construct the wall. Three additive items are included which may or may not be constructed as a part of the contract. These items may add pilasters to the walls and reconstruct the entrance walls opposite Clubhouse Drive. II. PLANS AND SPECIFICATIONS The contract requires the completion of all the work in accordance with these Special Provisions, the Plans (Drawing No. M- 52347 -S) the City's Standard Special Provisions and Standard Drawings for Public Works Construction (1982 Edition), and the Standard S ecifications for Public Works Construction (1982 Edition), including 983 and 984 supplements. Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, Califonia 90034, telephone (213) 870 -9871. A copy of the Standard special Provisions and Standard Drawings may be purchased at the Engineer's office for $5. III. AWARD OF CONTRACT The City reserves the right to award the contract based on the lowest accep- table bid for the total contract with or without additive items. All bidders are required to submit bids on all additive bid items. Additive items will be considered in the award of the contract. IV. COMPLETION, SCHEDULE AND PROSECUTION OF WORK All work under this contract shall be completed in ninety (9D) consecutive calendar days after the City Council awards the contract or the Coastal Commission permit is obtained, whichever occurs later. A complete schedule showing the Contractor's proposed plan of construction shall be submitted in writing for the Engineer's approval at the preconstruction meeting. If, during the construction period, modifications of plan or schedule are required, each modification shall be approved by the Engineer prior to altering the previously approved schedule. The work is to begin at Jamboree Road and progress in an easterly direction. SP2of4 V. PAYMENT The unit or lump sum prices bid for the various items of work shall be con- sidered as full compensation for all labor, materials, tools, equipment, and incidentals necessary to complete the work in place, and no additional com- pensation will be made therefor. Compensation for work shown on the plans or described in the specifications, but not separately provided for in the bid proposal, shall be included in the prices bid for the various items of work listed in the bid proposal and no additional compensation shall be allowed therefor. VI. CLEARING AND GRUBBING Clearing and grubbing shall be done in accordance with Section 300 -1 of the Standard Specifications and the following special provisions. It is the intent of this contract to construct a slumpstone wall approxima- tely along the same alignment as the existing fence and walls while pro- tecting as much of the existing landscaping as possible. The Clear and Grub bid item is to remove the existing walls, wooden and chainlink fences, pilasters, foundations, footings and guardrails that are being replaced with the new wall. This item also includes the grading and removals necessary to construct the new slumpstone wall. The removal of bushes, vines, shrubs, and other plant material is to be included in this item; however, the removals are to be kept to the minimum required to allow the wall to be constructed. All trees not interfering with the construction shall be protected in place and the Contractor shall exercise caution to avoid damage to root structure as a result of his operation. A temporary fence is to be provided when the fence and wall are removed across the Irvine Terrace park frontage, and from the sides of 730 Malabar Drive and 1001 Dolphin Terrace. In the other areas, a temporary fence shall be provided if the new slumpstone wall is not completed within two weeks from the time the existing fences or walls are removed. The cost of providing fencing is to be included in the clear and grub bid item. VII. TREE REMOVAL The tree removal bid item provides for the removal of those trees designated on the plans for removal and those trees designated as may need to be removed. The bid quantity includes the trees that may need removing and will be reduced if the trees are not removed. For the purposes of defition, if a tree needs to be removed that is not designated on the plans for removal, it shall be considered a tree if the main trunk has a circumference of greater than 25 inches measured two feet above the ground level. Removals of plants with trunks smaller than that described above that are required for removal by the Engineer shall be paid for under the Clear and Gurb bid item. The unit price bid for tree removal is to include, but not be limited to, a labor, materials, and equipment costs needed to remove the tree, stump and roots and dispose of the wood off site. 0 a SP3of4 VIII. PROJECT SITE MAINTENANCE In addition to the requirements of Section 7 -8 of the Standard Specifications the following requirements shall be in effect: The storage of materials for the project will be allowed on the northerly side of Chubasco Drive and Bonnie Doone Terrace and along the chain link fence in the Irvine Terrace Park. Storage in the streets will require traffic control signing and delineation in accordance with the Work Area Traffic Control Handbook (W.A.T.C.H.). Those materials stored in the street shall not extend further than eight feet from the curb line. In conjunction with Section 7 -8.6, Water Pollution Control, ready -mix trucks and mixers used at the site shall not be washed out with wash water being discharged into the gutter. No water containing cement or other similar substance is to be disposed of in the street gutters or allowed to run into the street gutters. IX. WORK WITHIN COAST HIGHWAY RIGHT OF WAY The slumpstone wall construction is on private property or on City property. The Coast Highway right of way line is shown on the plans. Construction work within the Coast Highway right of way requires a CalTrans encroachment per- mit. There shall be no work or deliveries performed within the Coast Highway roadway unless the Contractor obtains a CalTrans encroachment permit. No materials may be stockpiled or stored within the Coast Highway right of way unless a permit is obtained. X. SLUMPSTONE WALL The slumpstone wall construction shall be in accordance with Sections 202 -2 and 303 -4.1 of the Stantdard Specifications (except as modified herein), the details asnd notes shown on the plans and these Special Provisions. The Contractor shall provide at least three sample masonry units for each shade of block, for approval by the Engineer prior to construction of the wall XI. FINAL CLEANUP Upon completion of the work, the Contractor shall clean all work areas, and all other grounds occupied by him in connection with the work of all rubbish, excess materials, temporary structures, and equipment; and all parts of the work and grounds occupied by him shall be left in a neat and presentable con- dition. Full compensation for conforming to the requirements of this article shall be considered as included in the contract bid prices paid for the various items, of work, and no additional compensation will be allowed therefor. XII. PERMITS XIII. XIV SP4of4 The City has applied for a California Coastal Commission permit to perform the contract work. It is anticipated that the permit will be issued by April 15, 1985. Work cannot begin until the permit is issued and the contract time will not begin until the issuance if it does not occur before the contract is awarded. SITE LAYOUT AND SURVEYING The dimensions shown on the plans are approximate and may be adjusted to accommodate block laying spacing, tree locations and other obstructions. The wall layout does not have to be done under the supervision of a California licensed surveyor or civil engineer. Before beginning the wall construction, the Engineer will have to approve the wall alignment. Payment for site layout and surveying shall be considered as included in the price bid for wall construction. WORKING HOURS City ordinance limits working hours (including equipment maintenance) to Monday through Friday from 7:00 a.m, to 6:30 p.m. and Saturday from 8:00 a.m. to 6:00 p.m. Violators are subject to citation and fine. Permission is required in advance by City for any Saturday work. No work is to be done on Sunday. XV. PROTECTION OF EXISTING PROPERTY CORNERS Every effort shall be made by the Contractor to protect any existing property corners uncovered during construction. Should any of these corners be disturbed, they shall be restored by the Contractor at his expense and no separate compensation will be made. XVI. ADDITIVE BID ITEMS A. Entry Walls Constructions: Sheet 4 on the plans show an area designated as "Entry Wall Area." The existing entry area has wall constructed of flagstone. The lump sum bid item for entry walls construction shall include all compensation for furnishing all labor and materials, removing existing walls, grading, and constructing new slumpstone walls as shown on the plans. The Irvine Terrace sign shall be salvaged and given to the Engineer. At the discretion of the City, this item may or may not be included in the contract. The bidder is required to submit a bid for this item. Pilaster Construction: Pilasters are as shown on the plans at all corners, the beginning and end of the wall, and at some locations on straight sec- tions of the wall. Separate additive bid items have been provided for pilaster construction. The City will award the contract either with or without pilasters and will make the determination after the bids have been received. Certificate of Insurance The Nationwide Mutual Insurance Company or the Nationwide Mutual Fire Insurance Company certifies that the insurance afforded by the policy or policies numbered and described below is in force as of the effective date of this certificate and that this Certificate of Insurance does not amend, extend or otherwise alter the terms and conditions of insurance coverage contained in any policy or policies numbered and described below. Certificate Holders Name and Address: F City of Newport Beach CITY OF NEWPORT BEACH 3300 Newport Beach Blvd. AS NAMED ADDITIONAL INSURED Newport Beach, CA 92663 L J DESCRIPTIVE SCHEDULE 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. Insurance in force only for hazards indicated by x. "Should any of the above described policies be cancelled before the expiration date thereon, the insurance company will endeavor to mail written notice to the above named Certificate Holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the Company." This certificate is executed by Nationwide Mutual Insurance Company it said company has Issued the policy to which this certificate is attached, it is executed by Nationwide Mutual Fire Insurance Company If said company has Issued the policy to which this certificate Is attached. Insureds Name and Address. i- PULLIAM MASONRY 13105 Century Blvd. Garden Grove, CA 92643 L J Date Certificate Issued 05/09/85 NATIONWIDE MUTUAL INSURANCE COMPANY NATIONWIDE MUTUAL FIRE INSURANCE COMPANY Columbus, Ohio Secretary President Countersigned at: (�L Aut iiii Repre taurvee� Orange, Ca �hewa MeadoePt - r y i,a/1 POLICY POLICY LIMITS OF LIABILITY IN THOUSANDS (000) EFFECTIVE EXPIRATION EACH TYPE OF INSURANCE POLICY NUMBER DATE DATE OCURRENCE AGGREGATE GENERAL LIABILITY Kk Comprehensive Form Bodily Injury $ $ A Premises — Operations Property Damage $ $ a Explosion and Collapse Hazard ❑ Underground Hazard JZK Products)Completed Operations Bodily Injury and Hazard 73 SM 002626 -0002 08/21/84 08/21/85 Property Damage $ 500, $ 500, WX Contractual Insurance Combined Broad Form Property Damage fJE c Independent Contractors -- Q Personal Injury N Personal Injury $ 500, Broad Form Comprehensive G.L / Endorsement AUTOMOBILE LIABILITY Bodily Injury • Comprehensive Farm – o '` j j (Each Person) $ • Owned :� _ IF.q Bodily Injury ❑ Hired Inc (Each Accident) $ ❑ Non-Owned Property Damage $ Bodily Injury and Property Damage $ Combined EXCESS LIABILITY Bodily Injury and ❑ Umbrella Form Property Damage $ $ Combined WORKERS' COMPENSATION Statutory AND Bodily injury $ Policy Limit EMPLOYERS' LIABILITY OTHER Additional Information: JOB SITE: Irvine Terrace Description of Work ....... ............................... Chris R. Stevens Inc. as Named Additional Insured ......... - ........... ...... I .............. I..... 18226 W. McDurmott, Suite D Location of Work ......... ............................... Irvine, CA 92714 ........ ................ ............. I .... I ...... I..... Insurance in force only for hazards indicated by x. "Should any of the above described policies be cancelled before the expiration date thereon, the insurance company will endeavor to mail written notice to the above named Certificate Holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the Company." This certificate is executed by Nationwide Mutual Insurance Company it said company has Issued the policy to which this certificate is attached, it is executed by Nationwide Mutual Fire Insurance Company If said company has Issued the policy to which this certificate Is attached. Insureds Name and Address. i- PULLIAM MASONRY 13105 Century Blvd. Garden Grove, CA 92643 L J Date Certificate Issued 05/09/85 NATIONWIDE MUTUAL INSURANCE COMPANY NATIONWIDE MUTUAL FIRE INSURANCE COMPANY Columbus, Ohio Secretary President Countersigned at: (�L Aut iiii Repre taurvee� Orange, Ca �hewa MeadoePt - r y i,a/1 April 8, 1985 BY THE CITY COUNCIL CITY COUNCIL AGENDA CITY OF NEWPORT BEACH ITEM NO. F -3(b) TO: CITY COUNCIL APR 8 1985 FROM: Public Works Department APPROT'7y) SUBJECT: IRVINE TERRACE SCREEN WALL ALONG COAST HIGHWAY FROM JAMBOREE ROAD TO ZAHMA DRIVE, C -2498 RECOMMENDATION: Award Contract No. 2498 to Chris R. Stephen Inc. of Irvine for the total price of $184,236, and authorize the Mayor and the City Clerk to execute the contract. DISCUSSION: At 3:00 P.M. on March 27, 1985,the City Clerk opened and read the following bids for this project: Wall Construction Additive Items Entrance • Wall Pilasters Low Chris R. Stephen Inc. $167,300* $ 5,731 $15,600 2 Dewco $234,265 $ 5,120 $ 8,670 3 The Patterson Co., Inc. $253,433 $14,695 $19,452 *Corrected total price bid. The price submitted was $167,800. The low bid for the wall construction is 14% below the engineer's estimate of $194,000. The recommendation for award includes the additive items. The Irvine Terrace Community Association requested that a new entrance wall be constructed and has requested that the contract be awarded including the $5,731 bid for its replacement. This cost would be in addition to their $50,000 contribution. The Community Association Board does not meet until May 15 and cannot authorize the expenditure until then. If it is not authorized at that time, a change order will be issued deleting the item of work. • The second additive item is for the construction of pilasters at all corners and at intervals in the straight sections of wall. After deducting for the wall replaced by the pilasters, the contract would be increased by $11,205 to construct pilasters. The Community Association feels the pilasters will improve the esthetics of the wall and desires to have them constructed. The staff agrees. • • April 8, 1985 Subject: Irvine Terrace Screen Wall along Coast Highway from Jamboree Road to Zahma Drive, C -2498 Page 2 Funding for the project is as follows: Circulation and Transportation Fund $133,505 Irvine Terrace Original Contribution 45,000 Entrance Wall 5,731 Total $184,236 The current budget provides $125,000 from the Circulation and Transportation fund for the Irvine Terrace wall. A budget transfer of $10,000 from the Circulation and Transportation Fund to the wall account is provided for as a separate item. Several developers in the Newport Center and Corona del Mar area have contributed to the Circulation and Transportation fund specifically for the Irvine Terrace noise wall. The contractor submitting the low bid is Chris R. Stephen Inc. of Irvine. This firm has not previously performed work for the City. A check of the references submitted indicates that the firm has satisfactorily performed similar work. The contract should be completed in mid -July. Benjamin B. Nolan Public Works Director OW:jd 0 • TO: CITY COUNCIL FROM: Public Works Department 4L BY THE CITY COUNCIL CITY OF NEWPORT BEACH MAR 11 19,85 APPROVED Py) . March 11, 1985 CITY COUNCIL AGENDA ITEM NO. F -15 SUBJECT: IRVINE TERRACE SCREEN WALL ALONG COAST HIGHWAY FROM JAMBOREE ROAD TO ZAHMA DRIVE (C -2498) RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Authorize the City Clerk to ai•tid,5tif 9ids'to be opened at 3:00 p.m. on March 27, 1985. DISCUSSION: • The current budget provides $175,000 for the construction of the Irvine Terrace screen and noise wall. Plans for the contract were prepared by an architect retained by the Irvine Terrace Community Association. Specifica- tions and contract documents for the project were prepared by the Public Works Department. The contract includes the construction of a tan slumpstone block wall from approximately Jamboree Road to Zahma Drive next to the Bank of Newport, a distance of 5,000 feet. The wall will follow the alignment of the existing low wall and has been laid out to minimize the removal of trees and landscaping. Approximately 25 to 30 bushes and trees will need to be removed. Most of the removals are sprawling acacia trees that have proven to be a maintenance problem to the Parks, Beaches, and Recreation Department. The engineer's estimate for the contract is as follows: Construct wall including removals $194,000 Additive items: 1. Construct new Irvine entrance area 2. Construct pilasters Included in the contract is Terrace park. The installation of a part of the original budget request. Terrace 7,500 7,500 850 feet of wall adjacent to the Irvine wall across the park frontage was not a The existing chain link fence is badly March 11, 1985 Subject: Irvine Terrace Screen Wall along Coast Highway from Jamboree Road to • Zahma Drive (C -2498) Page 2 rusted and in need of replacement. There have been several requests to have the fence replaced with a wall to tie in with the new wall on either side. The cost of the segment across the park frontage is estimated to be $29,000. If the bid prices received are too high, this section of wall could be deleted to balance the cost. Another option would be to appropriate additional funds from the Circulation and Transportation Fund. The funding for this contract as budgeted is $125,000 from the Circulation and Transportation Fund and a $50,000 contribution from the Irvine Terrace Community Association. Several developers in the Newport Center and Corona del Mar area have been required to contribute to the Circulation and Transportation Fund specifically for the Irvine Terrace noise wall. The contri- bution from the homeowners' association is to be given to the City prior to award of the contract. The design cost of approximately $5,000 will be deducted from their contribution. • Two additive items have been included in the contract. The first is for the replacement of the flagstone entrance area opposite Clubhouse Drive. The new entrance area would be constructed of slumpstone block to match the rest of the new wall. The community association will pay for the new entrance way if acceptable bids are received. The second additive item is for the construction of pilasters at all corners and at intervals in the straight sections of wall. These pilasters are considered to be decorative and are not needed for struc- tural purposes. The community association asked that the pilasters be con- sidered if sufficient funds were available. The contract construction time is two months and it is estimated that the completion date for the wall will be in mid -June. The landscape maintenance policies that apply for the Irvine Terrace area provide for the City to maintain landscaping on the Coast Highway side and the community association to maintain the landscaping on their side. Replace- ment landscaping, timer systems and sprinklers on the Irvine Terrace side will be the responsibility of the association. Currently the City does not have any timers or sprinklers on its side of the fence and replacement landscaping will be added as necessary. 0, Xz • Benjamin B. Nolan, Public Works Director DW:jd THE NEWPORT ENSIGN PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, ss. County of Orange, I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above - entitled matter. I am the principal clerk of the printer of the Newport Harbor Ensign newspaper of general circula- tion, printed and published weekly in the city of Newport Beach, County of Orange, and which news- paper has been adjudged a newspaper of general circulation by the Superior Court of the County of Or- ange, State of California, under the date of May 14, 1951, CASE NUMBER A -20178 that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil) has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates to -wit: I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Newport Beach, California, this day of , 19 MAR 1 41915 Signature THE NEWPORT ENSIGN t609 BABCOCK AVENUE NEWPORT BEACH, CALIFORNIA (3s) This spa`!14 is for the County Clerk's Filing Stamp - A Proof of Publication of NOTICE INMINO BII1B Sealed bide may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Bo: 1768, Newport Beach, CA 92SW8915 until 3:00 p.m. on the 27th day of March, 1985, at which time such bids shall be opened and road for IRVINE TERRACE 8CAEENWALL Title of PvOleet afa Car itraat No.� Engines Estimate Approved by the Citli,CounN . this 11th day of March, 1985. City Clerk Prospective biddors may obt," 0110201 of Sad damAneMs ut =-cost at Ibe oHin af t WPubhc Works, P ss" 3380 i7eglPtt 8nal�Vard 84. i 'N t N6999G PROOF OF PUBLICATION 7- 4095NO.0