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HomeMy WebLinkAboutC-2501 - Sidewalk, Curb & Gutter Replacement in Harbor HighlandsCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 February 10, 1989 (714) 644 -3005 FAV Engineering 17610 Beach Boulevard, Suite 32B Huntington Beach, CA 92647 Subject: Surety: Amwest Surety Insurance Co. Bonds No.: 1155395 Contract No.: C -2501 Project: Sidewalk, Curb and Gutter Replacement in Harbor Highlands The City Council of Newport Beach on January 9, 1989 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 of Completion has been recorded in accordance with applicable portions of the Civil Code. The Notice was recorded by the orange county Recorder on January 18, 1989, Reference No. 89- 030181. Sincerely, i Wanda E. Raggio (/ City Clerk WER:pm cc: Public Works Department 3300 Newport Boulevard, Newport Beach RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO, City Clerk ,/4� t City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 MTSIDFRATION ReT RFCORn!NG REQ' Ir77 PER EXEMPT Cis NOTICE OF COMPLETION PUBLIC WORKS *1 89= 030181, RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA :00 JAN 18 1989 RECORDER 'Io All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on January 9, 1989 the Public Works project consisting of Sidewalk, Curb and Gutter Replacement in — Harbor Highlands (C -2501) on which FAV Engineering, 17610 Beach Boulevard, Suite 32B, Huntington Beach, CA 92647 was the contractor, and Amwest Surety Insurance Company, 5405 Garden Grove Blvd., _ was the surety, was completed. Ste 250, Westminster, CA 92683 OF NEWPORT BEACH Public Works Direc I', /\ ` VERIFICATION �C AID!! `` rt I, the undersigned, say: % `ye I am the Public Works Director of the City of Newport Beach; t ore ing Notice of Completion is true of my own knowledge.'����C /� I declare under penalty of perjury that the foregoing is true and correct. Executed on January 11, 19.89 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 January 9. 1989 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 January 11, 1989 at Newport Beach, California. ty Clerk l January 9, 1989 By, ,,- _!TY CO(i: _iI CITY COUNCIL AGENDA CITY '1i -;icVzr'0^TBEACI ITEM N0. F -12 • JAN 9 1989 TO: CITY COUNCIL __ t _➢ '` e j4,_ FROM: Public Works Department SUBJECT: ACCEPTANCE OF SIDEWALK, CURB AND GUTTER REPLACEMENT IN HARBOR HIGHLANDS - CONTRACT NO. 2501 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 the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. DISCUSSION: The contract for the replacement of tree root damaged curb, gutter and sidewalk has been completed to the satisfaction of the Public Works Department. • The bid price was $39,931.25 Amount of unit price items constructed 42,390.50 Amount of change orders 1,706.40 Total Contract Cost $44,096.90 The increase in the amount of unit price items constructed was due to extending the project to include repairs on Toyon Lane. One Change Order was issued in the amount of $1,706.40. It provided for additional asphalt patching and repair of irrigation lines. Funds for the project were budgeted in the General Fund, Account No. 02- 8097 -369. The Contractor is FAV Engineering of Huntington Beach. The contract date of completion was August 31, 1988. The contractor was not able to start until the Parks Department pruned the tree roots. The project was completed on October 4, 1988. • � , )a Benjamin B. Nolan Public Works Director PD: so u 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: July 19, 1988 SUBJECT: Contract No. C -2501 Description of Contract Sidewalk, Curb and Gutter Replacement in Harbor Highlands Effective date of Contract July 18, 1988 Authorized by Minute Action, approved on June 27, 1988 Contract with FAV Engineering Address 17610 Beach Boulevard, Suite 32B Huntington Beach, CA 92647 Amount of Contract $38,931.25 "Ww'el' 6e 149e Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach 4 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 9th day of June_ _, 1988, at whit ­time bids shafT be opened and read for SIDEWALK, CURB AND GUTTER REPLACEMENT IN HARBOR HIGHLANDS Title of Project was V 2501 Contract No. $40,000 Engineer's Estimate O 6" O n )a, Approved by the City Council this 23rd day of May 1988. 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 Stephen Luy at 644 -3311. Project Manager • • ' PR l of 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SIDEWALK, CURB, AND GUTTER REPLACEMENT IN HARBOR HIGHLANDS PROPOSAL CONTRACT NO. 2501 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P. 0. Box 1768 Newport Beach, CA 92658 -8914 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 - — - =- ^nntract No 2501 in "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self - insurance in accor- dance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." I Date Signature Fie ✓�rr!!i /•✓EF?i�✓Li Contractor • PR 2 of 2 4. 3,350 Sq. Feet Replace sidewalk @ Three- --- -------- -- -------- - - - - -- Dollars and Fift ----- - ---------------- - - - - -- - Cents $ 3.5n er Square oot 5. 315 Sq. Feet Remove parkway concrete @ One --- ------------------ -- - -- - -- - Dollars and Seventy- Five---------------- - - - - -- Cents $ 1.75 $ 551.25 Per Square Foot 6. 265 Linear Feet Sawcut concrete @ Two-- --------- ------ -- ----- - - - - -- -Dollars and No------ -- -- ---- -- -- ------------- -Lents $2.00 $530.00 Per Linear Foot TOTAL PRICE WRITTEN IN WORDS (Items 1 through 6 inclusive) Thirtv -Eioht Thousand Nine - Hundred and Thirtv - One ----- Dollars and Twenty- Five---------------- -- ---- ----------- ---- - - - - -- -Cents June 9. 1988 Date (714) 847 -2522 s Frank A. 'ill la P.E. Owner bidder's Telephone Number Authorized Signature Title 17610 Beach Boulevard, Suite 32B 435696 A Huntin ton Beach CA 92647 Contractor's License No. C assification Bi der's Ad ress 0 0 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. 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. The City of Newport Beach will not permit a substitute format for the contract documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of 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. 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 discrepancy 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 respon- sible for bidder errors and 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 a corporate officer or an individual authorized by the corporation. For part- nerships, 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 contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). The Contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. 435696 A Contr's Lic. No. & Classification_ June 9, 1988 Date FAV En ineerin Bidder _ s /Frank( Vllela. P.E. /Owner Authorized Signature /Title • • Page 4 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, FAV Engineering , as bidder, and Amwest Surety Insurance Company , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Four Thousand and No/ 100------------------------- - - - - -- Dollars ($ 4,000.00- - - - -), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of Sidewalk, Curb & Gutter Replacements at Harbor Highlands 2501 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 to said City 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 contract documents for execution to the above bounden bidder by and from said City, 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 individual, 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 3rd day of June 1988 . FAV Engineering (Attach acknowledgement of Bidder Attorney -in -Fact) s /Lisa Mendoza s /Frank A. Villela, P.E. /Owner Notary Pub is Authorized Signature /Title Commission Expires: July 26, 1991 s /Pamela R. Eikmeier Surety Pamela R. Eikmeier By Attorney -in -Fact Title • 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 2nd day of June , 19-38. My commission expires: August 10, 1988 FAV Engineering Frank A. Villela, P.E. /Owner Bidder 04i� s /Frank A. Villela /Owner Authorized Signature /Title s /Christine T. Greene Notary Public Page 5 • 0 Page 6 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. Please see attached list FAV Engineering a s /Frank A. Villela /Owner Authorized Signature /Title NOTICE 0 Page 7 The following are 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 8 & 9) FAITHFUL PERFORMANCE BOND (pages 10 & 11) CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 12, 13, 14) CONTRACT (pages 15 & 16) 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 submission of bid. BONDING COMPANIES shall be acceptable as sureties in accordance with the latest revision of Federal Register Circular 570. INSURANCE COMPANIES shall be (1) licensed to conduct business in California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VIII (or larger) in accordance with the latest edition of Best's Key Ratin Guide: Pro ert - Casualt . Coverages shall be prove ed or all TYP S OF INSURANCE checked on the CERTIFICATE OF INSURANCE. All costs associated with the specifications of these contract documents shall be absorbed in the bid. Such specifications shall include those contained in (1) each contract document and (2) the Standard Specifications for Public Works Construction (latest edition adopted f6r use in the City of Newport Beach), except as supplemented or modified by the Special Provisions for this project. $OND ISSUED IN QUADRUPLICATE 3OND PREMIUM 8A5"'_ . FINAL CONTRACT P; 1_ PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That . Page 8 BOND NUMBER: 1155395 PREMIUM: $720.00 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted May 23, 1988 has awarded to FAV Engineering hereinafter designated as the "Principal ", a contract for Sidewalk, Curb & Gutter Re- lacement in Harbor Highlands C -2501 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, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of ony kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We FAV as Principal, and AMWEST SURETY INSURANCE COMPANY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of ------- - - - - -- -Forty Thousand and No /100 --- Dollars ($40.000.00-- - - - -), said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his subcontractors, fail to pay for any materials, provisions, or other supplies, 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 Unemploy- ment 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. The 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 Payment Bond (Continued) Page 9 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 anywise 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 5th day of July , 19 88 . FAV ENGINEERING (Seal) Name of Contractor Principal VZ Awe Qt'v:v4'e- Authorized Signature and Title Authorized Signature and Title `I AMWFST SURETY INSURANCE COMPANY (Seal) Name of Surety 5405 Garden Grove Blvd., Ste 250 Westminster, CA 92683 Address of Surety c%im Signature and Ti'tlAuthorized Agent. Pamela R. Eikmeier, Attorney -in -Fact 5405 Garden Grove Blvd., Ste 250, ddress of Agent (T14)891 -4TT8 e ephone No. of Agent r_O w � �sr noy N [�� a ao� ,o w p � 3 O O. n O m O � O O a o• c •e` a w a N A n [17 Oti CA � A n m 'G o A W � w z N a� z y c N a n b Q � C � � n o a w E � o o 3 � ry �y1 m 3 o y Lei a It1 77 lJ a ITi 0 a n O C z O "rl a ' 1 AMWEST SURETY INSURANCE CO. P.O. Box 4500 Woodland Hills, CA 91365 1 M, , P CE pMp wA F.ORNIA CORPORATION KNOW ALL MEN BY THESE PRESENTS, That AMYPFST SiRA1 N ti does hereby make, constitute and appoin i ; a x r f Its true and lawful Attorney(sYln Fact a o as 611tetyr o a ltecute and Aga fy orltttter rehnteh obliga- deliver and affix the seal of the comp tions in the nature thereof, as folll�t'$.� viLj It BOi1�4a r�-s Con tt" ate pursuarit td fese f ten. a and to bind AMWEST SURETY:, s T -., ,�Y' x: d >l�i1 -'� the provisiohe4itth$By presents, are hereby ratified aorl _ Is } Laws of the company,whir�t;�}.t,;naNr,lt ,a t st`c k 9 x •� Article III, Section T`oi t$ws, ;: R CE COMP,pw p z This Power of Altorrtey is signed aeKt`sq$tattbjl'sc setld by the autho€i wing Tdaolutfdna adopted by SURBYY RANCE '8t a meeting duly fi bar } + r _ the board of directoro ot,AMU/E$'f r .� ...... RESOLYETYthat,the pre$1tY @nt:oranY vlc"resident In conJunction with the secr [ Istagt at' may appoint attortLeys**I faE,.tsr.agartC�wittt, z , me in or limited in the instruti In Ina appolnL merit m each oase.'ot and .� �e _. W�„�itdnzttotredri undertakfnge, r%ydyniz; _ 'Mm acS L vious'�wk ,,, ^' *• in -f .Of �W, +, ada ! xaY6� � �#a; a rte: �s aa.�* :. atan 5a ta(id aria RjlpEp Hlfjet any undertaking, rec CBe th r vice-president and a y egd�4M'by any , re18ry 17m' an Qt's -5 a Y; c, x �Y p'' an vice - president or secr!5t0rya thr y . `3- re �a4 'F.a.tTily authorized attorney -in -fact 8g9(it&Al'.�''ti5 andsealesttN ' °c, (� BxecUtep,ar,4asls' i1(if a seal be required) by one or mrYraftarciieye-rrt- t$F" persvant to and {hQttttE- i 9 y y y y p� � person s Persons, 4 within the aed..t�le aut evldehced b the Dower of attorney issued b the company to such or RESC1LYfD k1F1TtlER that the al nature of an authorized officer and t�1q Y t ult by facaiWil' to anypoweroi atorney or certification thereof authorizing the axe - - takltlg, tebognizanoe',tu 4th suretyship obligations of the company; and such sl (iP; tiseii Shall have �Th'e'same torte and'atiact as though manually affixed. IN WITNESS WHEREOF, AMWEST SURETY INSURANCE COMPANY has caused these presents to be signed by its proper of- 1st titer, and its corporate seal to be hereunto affixed this day of April 19 8_5 sip asu11 AMWEST SURETY INSURANCE COMPANY < a Gary R. Peterson, President Karen G. Cohen, Secretary STATE OF CALIFORNIA, COUNTY OF LOS ANGELES — as On this day of 1st April A.D., 19 , personally came before me Gary R. Peterson and Karen G. Cohen to me known to be the individuals and officers of AMWEST SURETY INSURANCE COM- PANY, CALIFORNIA who executed the above Instrument, and they each acknowledged 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 (SEAL) JANICE DRUEZ m NOTARY PUBLIC - CALIFORNIA Notary Public LOS ANGELES COMM My wrim. expires MAY t, 1989 ! STATE -OF CALIFORNIA, COUNTY OF LOS ANGELES — as CERTIFICATE I, the undersigned, secretary of the AMWEST SURETY INSURANCE COMPANY, a California corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains In full force and has not been revoked, and further- more, that the provisions of the By -Laws of the company and the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. ! Signed and sealed at Westminster, CA this 5th day of J1113EX//''JJ 199A r ` J, _✓ •/�• Karen G. Cohen, Secretary ° I HIV o'" J I • ^ � S`. i �BONp ISSUED IN gUADRUPLICATE T/7 i BOND PREMIUM BASED ON? FAITHFUL PERFORMANCE BOND FINAL CONTRACT PRICE KNOW ALL MEN BY THESE PRESENTS, That . Page 10 BOND NUMBER: ]155395 PREMIUM INCLUDED IN PAYPEM BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted •:: has awarded to FAV Engineering hereinafter designated:as the "Principal ", a contract for Sidewalk,, Curb & Gutter Replacement in Harbor Highlands C -2501 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, FAV ENGINEERING as Principal, and - AMWEST SURETY INSURANCE COMPANY as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of -- - - - - -- -Forty Thousand and No /100- - - - - -- Dol 1 ars ( $ 4o, 000. oo - - -- ) 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 Page 11 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 duly executed by the Principal and Surety above named, on the 5th day of July , 1988 FAV ENGINEERING (Seal) Name of Contractor (Principal) 4VA�v O1w4✓£.4- Authorized Signature and Title Authorized Signature and Title AMWEST SURETY INSURANCE COMPANY (Seal) Name of Surety 5405 Garden Grove Blvd., Ste 250 Westminster, CA 92683 Address of Surety Signature and Title.of Authorized Agent Pamela R. Eikmeier, Attorney -in -Fact 5405 Garden Grove Blvd., Ste 250 Westminster, Ca 92683 Address of Agent (714)891 -4778 Telephone No. of Agent s .�gom s N ° O asp ° v a 0 s o s O v� d � d S O O a" m 0 C � 7 N �� ro w � w C m z n y m � � n a� zy H c d Q � n � a � o c. f9 w E a � o m y � 2 m 3 ° 0 s E � c O 0 3 d z ° w 1 b C o- E s 5" m a 0 n a m O 'n C1 a 0 a C z O ro AMWEST SURETY INSURANCE CO. P.O. Box 4500 Woodland Hills, CA 91365 = (818 ):;704 -1111 - P POWE&OP Ilr 'iOANEY �y KNOW ALL MEN BY THESE PRESENTS, ThaCAMWEST URLTY jNSURANCE,4oMDAt�Y, A CALtFbRNIA:CORPORATION does hereby make, constitute and appoint fi �[ Jr►BRfel 4 its true and lawful Attorney(sHn -Fact ,�a(3t7WBr a 4 Dtr itslf o1 h�Qy.as epFeiyr tb`ex8cute and deliver and affix the seal of the comptldy,ifteretD'if`a f+s�1T1ie8; bonOl!L A,Rd9f(�Idngs ticb, t♦- 1mnCas or D!Trer, °Wr tfeh obliga- tions in the nature thereof, as followsx. ' '� - Contra, Lld etleeiboua Balk" 4 and to bind AMWEST SURETY' N +CO Af'FY` fl�eby apU .Af` .a4 �i+8 ,(Atlooitl btt= FBCt„puBl+nanMtif these presents, are hereby ratified ah&.* flat" Thle'BFpoiDlilt�gf is ttdPr'Bnd`hy_A9thgdty t thettt"rfng povislons D1Yhe Laws of the company, which- afeatull.e aVt etF4tu: Article III, Section tFtB$'y:atvs of" AA1N'F'`SU :..� CE COMPA T by the authokv6l fhe' Igwing resolutims'adophKby, - the boa a meeting duly heild9tiVace nber RESOLVED that ttte pre8tdent Dt arryvlce•prasWenT ; i'conjunctlon with the secr'8rYDnany�aeslstant secret @ry may app4lnt eftoYrteysin•fact t1F.ag@rt "s . ;defined or limited In the Instru jht-gvtd"Ing th88ppoYnl mentineachcas8 „loianQgntfa"N:; fir° theedmp '*to�7SgbcutB�Bndfter- agalfll 1haeratg"T.t e2ompanylo,Conds undertakrngq,.:reL nlzaf , -$r su�etrahlR�bn is 61,Rl a `e�tk g nxa r r A'p+;y on- atssm�yr in -fact �r»B�E et1d rev01(p'91WIrer, o-8 v ham, €W9�jfel6ei.t- 'r+.c- RESdt,YED fV akmg, recoggfi8ftce, ir, iii :pl lip ipri s " yglld artd iffftdhtg ifpcm the R r Iii when 1s PreftJ� �n5 41 ce•president and attea" SRtt 0:24Wfwpsqutratl ) bZ #ny saa, , . natary, or-as >11t�15''Fi4µfix 2'ma' •s s ;�3 K zx ''D •� S �y a. wb&6* - eed`9y th or any vice - president or sect ,a y� €8mf txiitn eteYgnecl ai)rt�ealedof-i" Wre ' jf*ly authorized attorney-in- fact ec aid` (if a seal be required) by one or m0i attom9ys`i�iei°oi agEnCs puYS•franf:}o entl �'�` *dAthm�I�WM�Df»ihe a#iay "�r.ew�nced by the power of attorney issued by the compa,�ny to such person or persons a e � - ,F{E$�S�1�ED FURT�IER`nFthe signature of any autnorized officer and t � " .nhay"b0"��fizatl a bgf_�gtBe�t+D anypDyrB�:lsG�torney or certification thereof authorizing the axe ' -` t ,„f'fj.'any,tq?yider- talt,�,� a8e @pnizatfl:��;�l1eEsuretyship obligations of the company; and such sigh! �Rd'8�1.{irJrdn.e0*deeilshall ” fiave�'tf.ie same foils erid'$f�ect as though manually affixed. ; "'�'R IN WITNESS WHEREOF, AMWEST SURETY INSURANCE COMPANY has caused these presents to be signed by its proper of. ficer, and its corporate seal to be hereunto affixed this 1st day of April 19 85 AMWEST SURETY INSURANCE COMPANY � C O` 0 Gary R. Peterson, President Karen G. Cohen. Secretary STATE OF CALIFORNIA, COUNTY OF LOS ANGELES — as On this 18t day of April A.D., 19_8L, , personally came before me Gary R. Peterson and Karen G. Cohen to me known to be the individuals and officers of AMWEST SURETY INSURANCE COM- PANY, CALIFORNIA who executed the above instrument, and they each acknowledged 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 JANICE DRUEZ (SEAL) m NOTARY PUBLIC - CALIFORj Log �GEUS WUNI► Notary Public My coma. aplres WIY 1, STATE OF CALIFORNIA; COUNTY OF LOS__ CELES ,- as CERTIFICATE 1, the undersigned, secretary of the AMWEST SURETY INSURANCE COMPANY, a California corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked, and further, more, that the provisions of the By -Laws of the company and the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. Signed and sealed at Westminster, CA this 5th day of duly 19__W_. ydj• � � C I Karen G. Cohen, Secretary � � '�' � . , i _ :._ ._ -- �. ' ._ k c, �:+ � .� , ._..,:x:. Hof Newport Beach ✓d Newport Boulevard .,ewport Beach, CA 92663 NAME AND ADDRESS OF INSURED CERTIFOE OF INSURANCE • Page 12 A FARMERS INSURANCE GROUP /TRUCK INSURANCE EXCHANGE B C L Huntington Bedcb , 2 92647 1 Letter is is to certify that policies of insurance listed below have been issued to the insured named rove and are in force at this time, including attached endorsement(s). iE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. 'ICELLATION: 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. —_ F.H. BRUNNER_ / -%" --- Agency: 14441 BEACH BLVD. #220 WESTMINSTER, CA. 92683 07&5/88 Telephone; 7t. (714) R9.7 -9555 ascription of operations /locations /vehicles: All operations performed for the City of Newport ach by or on behalf of the named insured in connection with the following designated contract: Sidewalk, Curb & Gutter Replacement in Harbor Highlands (C -2501) Project lit le and Contract Number TICE: 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. P Policy LIMITS LIABILITY IN THOUSA NDS 000 MPANY TTER TYPES OF INSURANCE COVERAGE REQUIRED Policy No. Exp. Date Each Ag.PrOdUCtS Completed Occurrence Operations GENERAL LIABILITY x Comprehensive Form Bodily Injury $ $ A x Premises - Operations x Explosion & Collapse Hazard x Underground Hazard — 91 Property Damage $ $ x Products /Completed Operations Bodily Injury Hazard and Property rx l Contractual Insurance x Broad Form Property Damage Damage Combined $ $ 1,000 x Independent Contractors Personal Injury — $ 500 x Personal Injury Marine Aviation A AUTOMOTIVE LIABILITY ❑x Comprehensive Form 11429 57 -15 12-2!)—Bodily 8 Injury (Each Person) $ ❑ Owned $ Bodily ln3ury Each Occurrence ❑ Hired Pro ert ama e ❑x Non -owned o i y injury and Property Damage Combined $1,000 EXCESS LIABILITY ❑ Umbrella Form Bodily Injury ❑ Other than Umbrella Form and Property Damage Combined $ $ WORKERS' COMPENSATION N 0 1 07 Statutor Accident) A EMPLOYER'S LIABILITY 43'10 4 -21 iE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. 'ICELLATION: 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. —_ F.H. BRUNNER_ / -%" --- Agency: 14441 BEACH BLVD. #220 WESTMINSTER, CA. 92683 07&5/88 Telephone; 7t. (714) R9.7 -9555 ascription of operations /locations /vehicles: All operations performed for the City of Newport ach by or on behalf of the named insured in connection with the following designated contract: Sidewalk, Curb & Gutter Replacement in Harbor Highlands (C -2501) Project lit le and Contract Number TICE: 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. P f ' • • Page 13 CITY OF NEWPORT BEACH AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT It is agreed that: 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 (X) Single Limit Bodily Injury Liability and Property Damage Liability Combined $ each occurrence $ each occurrence $ 1, 000 , o 00 each occurrence The limits of liability as stated in paragraph 3 of this endorsement shalt 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: Sidewalk, Curb & Gutter Replacement in Harbor Hghlands (C -2501) `— (Project Title and Contract No. . This endorsement is effective 07105 88 at 12:0) A.M. and forms a part of Policy No. 97-11429- ,y7 -15 Named Insured FRANK V DBA: FAV ENGINEERING Name of Insurance CompanyFARMERS INS. GROUP By F.H. B NNER Authorized Representative ,111, ,: that: Page 14 CITY OF NEWPORT BEACH COMPREHENS;VE GENERAL LIABILITY INSURANCE ENDORSEMENT 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 nold harmless provision con- tained in the written contract, designated below, between the named insured and the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU "hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured named in paragraph I of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability Property Damage Liability (X) Single Limit Bodily Injury Liability and Property Damage Liability Combined occurrence occurrence $ 1,000,000 each occurrence The applicable limit of the Insurance Company's liability for the insurance afforded for contractual liability shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insureds. The limits of liability as stated in this endorsement shall not increase the total liability of the Insurance Company for all 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 1. Designated Contract: Sidewalk Curb & Gutter Repolacement in Harbor Highlands 1G 2501) Project Title and Contract No. This endorsement is effective 07/05/88 at 12:01 A.M. and forms a part of Policy No. 97-1481 -21 Named Insured t No. Name of Insurance CompanyfARMERS INSURANCEBy GKUUF fufhvrizell RieVnVotative CERTIFICATE OF INSURANCE . Page 12 TE HOLDER INSURANCE COMPANIES AFFORDING COVERAGES City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NAME AND ADDRESS OF INSURED Company A Letter Company B Letter Company C Letter Company D Letter Company 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: Agency: Authorized Representative I Date Telephone: 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: Sidewalk, Curb & Gutter Project Title and lacement in Harbor Highlands (C -2501) tract 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. R1 Policy LIMITS OF LIABILITY IN THOUSANDS 000 COMPANY LETTER TYPES OF INSURANCE COVERAGE REQUIRED Policy No. Exp. Date Each Tg.proaucts. Completed Occurrence Operations 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 Q Comprehensive Form Bodily Injury (Each Person ) $ Q Owned $ Bodily Injury (Each Occurrence) ❑x Hired Property ama e x Non -owned ❑ Bodily njury and Property Damage Combined $ EXCESS LIABILITY ❑ Umbrella Form Bodily Injury ❑ Other than Umbrella Form and Property Damage Combined $ $ WORKERS' COMPENSATION Statutor 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: Agency: Authorized Representative I Date Telephone: 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: Sidewalk, Curb & Gutter Project Title and lacement in Harbor Highlands (C -2501) tract 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. R1 • Page 13 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 $ each occurrence Property Damage Liability $ each occurrence ( ) Single Limit Bodily Injury Liability $ 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: Sidewalk, Curb ' N Replacement in Harbor Highlands (C -2501 Project Title and Contract No.). This endorsement is effective at 12:01 A.M. and forms a part of Policy No. Named Insured Name of Insurance Company ndorsement No Authorized Representative CITY OF NEWPORT BEACH COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT it is agreed that: Page 14 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 nold 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 $ each occurrence Property Damage Liability $ each occurrence ( ) Single Limit Bodily Injury Liability $ and Property Damage Liability Combined 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: Sidewalk Curb & Gutter Replacement in Harbor Highlands (C-2501) Project Title and Contract No. This endorsement is effective at 12:01 A.M. and forms a part of Policy No. Named Insured Endorsement No. Name of Insurance Company By Authorized Representative • , Page 15 CONTRACT THIS AGREEMENT, entered into this day of 19 a0 , by and between the CITY OF NEWPORT BEACH, h r� einafter "Cit an FA n hereinafter "Cont actor, "is made with reference to the following facts: (a) City has heretofore advertised for bids for the following described public work: Sidewalk Curb & Gutter Replacement in Harbor Highlands 2501 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: Sidewalk, Curb & Gutter Replacement in Harbor Highlands 2501 Title of Project Contract Wo. 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 Thirt - d - - - - -- ( )• This compensation includes 1 any loss or damage arising 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) • • Page 16 (f) Plans and Special Provisions for Sidewalk, Curb & Gutter Replacement in Harbor Highlands C -9501 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 proximately 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. l City Attorney ��! ✓ESC /i✓EF.�ir✓y' Name oftor (Principal) OH'ye7G Authorized Signature and Title Authorized Signature and Title CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SIDEWALK, CURB AND GUTTER REPLACEMENT IN HARBOR HIGHLANDS CONTRACT NO. 2501 SPECIAL PROVISIONS INDEX SECTION PAGE I SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 II. AWARD AND EXECUTION OF THE CONTRACT . . . . . . . . . . . . . . . . 1 III. TIME OF COMPLETION . . . . . . . . . . . . . . . . . . . . . . . . 1 IV. PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 V. TRAFFIC CONTROL . . . . . . . . . . . . . . . . . . . . . . . . . . 2 A. Traffic Control . . . . . . . . . . . . . . . . . . . . . . . . 2 B. Access . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 VI. CONSTRUCTION DETAILS . . . . . . . . . . . . . . . . . . . . . . . 2 A. Sidewalk and Curb Replacement . . . . . . . . . . . . . . . . . 2 B. Sawcutting Concrete. . . . . . . . . . . . . . . . . . . 3 C. Limitations of Construction . . . . . . . . . . . . . . . . . . 3 D. Miscellaneous Construction . . . . . . . . . . . . . . . . . . 3 E. Parkway Improvements . . . . . . . . . . . . . . . . . . . 3 F. Parkway Tree Replacement . . . . . . . . . . . . . . . . . . . 3 VII. WATER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS SIDEWALK. CURB AND GUTTER REPLACEMENT IN HARBOR HIGHLAND CONTRACT NO. 2501 I. SCOPE OF WORK SP1of3 The work to be done under this contract includes (1) the removal of sections of sidewalk, curb and gutter, parkway paving and driveway which have been uplifted by street tree roots, and 0) the reconstruc- tion of sidewalk, curb and gutter roadway pavement to conform with the elevations of existing improvements. All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions, (2) the City's Standard qS ecial Provisions and Standard Drawin s for Public'Works Construction ( 985 Edition), and (3) the Standard Specifications',for Public Works Construction (1985 Edition, including Supplements). Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, telephone (213) 870 -9871. A copy of the Standard Special Provision$ and Standard Drawings may be purchased at the Engineer's office or 5.00. II. CLASSIFICATION OF CONTRACTOR'S LICENSE At the time of the award, the Contractor shall possess a General Engineering Contractor A License or a Concrete Contractor C -8 License. III. AWARD AND EXECUTION OF THE CONTRACT The bidder's attention is directed to the provisions of Section 2 -1 of the Standard Special Provisions for requirements and conditions con- cerning award and execution of the contract. IV. TIME OF COMPLETION The Contractor shall complete all field work on this contract within thirty -five (35) consecutive calendar days, but no 'later than August 31, 1988. No work shall begin until a schedule of work has been approved by the Engineer. 0 0 V. PAYMENT SP2of 3 The unit price bid 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 addi- tional allowance will be made therefor. Payment for all items of work not separately provided for in the pro- posal shall be included in the prices bid for other items of work. The substitution of securities for any payment withheld in accordance with Section 9 -3.2 of the Standard Specifications is permitted pursuant to Government Code Sections 4590 and 14402 -5. VI. TRAFFIC CONTROL AND ACCESS A. Traffic Control The Contractor shall furnish, install, and maintain in place "NO PARKING" signs (even if streets have posed "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 respon- sibility 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 dimension 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 "NO PARKING" in 2- inch -high letters and numbers. A sample of the completed sign shall be approved by the Engineer prior to posting. B. Access Vehicular and pedestrian access shall be maintained at all times to residences adjacent to the project area; however, where conditions preclude such access for reasonable period of time (as determined by the Engineer), access shall be restored as discussed in Section VI.C. VII. CONSTRUCTION DETAILS A. Sidewalk and Curb Replacement Sidewalk and curb to be replaced are indicated on the Replacement Schedule and may be field- identified by red paint marks. The Contractor shall remove and dispose of all AC patches adjoining those sidewalk panels to be replaced. SP 3 of 3 B. Sawcutting Concrete The approximate linear footage of concrete sawing is shown on the Replacement Schedule. Should damage occur to the sawcut edge during or after removal, the damaged edge shall be removed by additional sawcutting and replaced at no additional cost to the City. C. Limitations of Construction Sidewalk shall be reopened to pedestrians on the day following concrete placement. Pavements subject to vehicle loads shall be barricaded during cure and not reopened to vehicles for at least five days following placement. D. Miscellaneous Construction The Contractor shall remove and reinstall water valve covers to grade at their original locations. The Contractor shall also remove and reinstall City signs at their original locations. The cost of removing, reinstalling and adjusting the above shall be included in the cost to replace sidewalk. E. Parkway Improvements The Contractor is not required to replace or adjust any improve- ments within the parkway except those previously mentioned under Section VII.D. After installing curb, gutter and sidewalk, the Contractor shall grade and fill, when necessary, with topsoil approved by the Engineer, and unimproved areas of the parkway to a level 2 inches below the adjacent sidewalk and curb. F. Parkway Tree Replacement Parkway tree replacement and root pruning shall be conducted by City forces during the term of this contract. City forces shall require a minimum of seven (7) calendar days for root pruning and tree removals. VIII. WATER If the Contractor desires to use City water, he shall arrange for a meter and tender a $500 meter deposit with the City. Upon return of the meter in good condition to City, the deposit will be returned to the Contractor, less a quantity charge for water usage. STREET NAME 8 NO CURB REPLACE. L.F. REPLACEMENT SCHEDULE DRIVEWAY REPLACE. 1of4 SIDEWALK PARKWAY SAW - REPLACE. CONCRETE CUTTING REMOVAL S. F. S. F. L. F. 1800 Leeward Ln. 40 - -- 80 - -- 2 1806 Leeward Ln. 5 - -- 48 -- - -- 1900 Leeward Ln. - -- - -- 16 - -- 8 1906 Leeward Ln. 16 - -- 80 - -- - -- Leeward Ln. 28 - -- 96 - -- 8 1918 Leeward Ln. 16 - -- 48 - -- 4 1816 Leeward Ln. 64 - -- - -- - -- - -- 1936 Leeward Ln. 20 - -- 80 -- 4 2 Leeward Ln. 20 - -- 80 - -- 4 2012 Leeward Ln. - -- - -- 80 - -- 8 2018 Leeward Ln. - -- - -- 128 - -- 4 2024 Leeward Ln. - -- - -- - -- - -- - -- 2030 Leeward Ln. - -- - -- 48 - -- 4 ziuo Leeward Ln. - -- - -- 16 - -- 0 2106 Leeward Ln. 12 - -- 32 - -- 2 2112 Leeward Ln. - -- - -- 48 - -- 4 Tradewinds Ln. 40 - -- 48 - -- 4 Leeward Ln. 20 - -- 80 - -- 10 2101 Leeward Ln. 20 - -- 64 - -- 4 2021 Leeward Ln. - -- - -- 160 - -- 4 Leeward Ln. - -- - -- 2007 Leeward Ln. 20 - -- 48 - -- 4 STREET NAME 8 NO. 0 CURB REPLACE L.F. REPLACEMENT SCHEDULE DRIVEWAY REPLACE. Is 2 of 4 SIDEWALK PARKWAY SAW - REPLACE. CONCRETE CUTTING REMOVAL S. F. S. F. L. F. 2001 Leeward Ln. 35 - -- 123 - -- 4 1927 Leeward Ln. - -- - -- 104 - -- - -- Leeward Ln. 35 - -- 132 - -- 0 1827 Leeward Ln. - -- - -- 64 - -- 4 1821 Leeward Ln. 30 - -- 128 - -- 4 1901 Windward Ln. - -- - -- 20 - -- 4 1908 Windward Ln. 20 - -- . 68 - -- - -- 1709 Highland Dr. 20 - -- 48 - -- - -- 1701 Highland Dr. - -- - -- 32 - -- 4 1621 Highland Dr. - -- - -- - -- - -- - -- 1615 Highland Dr. - -- - -- - -- - -- --- 1607 Hi hland Dr. 21 - -- - -- - -- 2 1517 Highland Dr. - -- - -- 12 - -- 4 1501 Highland Dr. - -- - -- 32 - -- 4 1508 Highland Dr. 24 - -- - -- - -- 4 1606 Highland Dr. - -- - -- - -- 24 - -- 1612 Highland Dr. - -- - -- - -- - -- - -- 1618 Highland Dr. - -- - -- - -- - -- - -- 1624 Highland Dr. 21 22 - -- - -- 72 Highland Dr. - -- 33 28 - -- 131-2 1526 Highland Dr. - -- - -- 32 - -- 4 1706 Highland Dr. - -- - -- 16 - -- 4 STREET NAME 8 NO. CURB REPLACE. L.F. REPLACEMENT SCHEDULE DRIVEWAY REPLACE. c r SIDEWALK REPLACE. S. F. 0 3 o 4 PARKWAY SAW - CONCRETE CUTTING REMOVAL S.F. L.F. 1712 Highland Dr. 12 - -- - -- - -- 2 1506 Anita Ln. 12 40 32 -- 3 lblZ Anita Ln. 24 - -- 48 - -- 4 1 Anita Ln. 16 - -- 32 40 4 152 Anita Ln. 18 - -- 144 - -- 10 1530 Anita Ln. 21 70 64 - -- 4 1600 Anita Ln. 22 - -- 32 - -- 8 1606 Anita Ln. - -- - -- 32 - -- - -- 1612 Anita Ln. 9 - -- 64 - -- 2 1618 Anita Ln. - -- - -- 32 - -- - -- 1624 Anita Ln. 24 - -- 80 - -- - -- 1630 Anita Ln. 21 - -- - -- - -- 2 1636 Anita Ln. 9 - -- 32 50 12 1633 Anita Ln. - -- - -- - -- - -- - -- 1627 Anita Ln. - -- - -- - -- - -- - -- 1621 Anita Ln. - -- - -- - -- 32 - -- 16 Anita Ln. - -- 50 - -- - -- 5Z 1601 Anita Ln. 21 55 48 16 12 1533 Anita Ln. 20 -- 80 - -- 2 1527 Anita Ln. 21 - -- 224 - -- 2 1521 Anita Ln. - -- - -- 48 - -- 4 1515 Anita Ln. 49 - -- 32 - -- 10 STREET NAME 8 NO. • CURB REPLACE L.F. REPLACEMENT SCHEDULE DRIVEWAY REPLACE. c r SIDEWALK REPLACE. S_F PARKWAY SAW - CONCRETE CUTTING REMOVAL S.F_ I.F. 1509 Anita Ln. 34 - -- 108 5 1501 Anita Ln. 28 - -- 32 55 10 1500 Anita Ln. 30 55 68 99 10 TOTAL 1,236 325 3,351 316 262.5 0 TO: (1) CITY ATTORNEY CITY CLERK FROM: Public Works Department • July 13, 1988 SUBJECT: SIDEWALK, CURB AND GUTTER REPLACEMENT IN HARBOR HIGHLANDS CONTRACT NO. 2501 1. 4 copies of Contract ACTION REQUESTED: 1. Attorney a. Approve as to form and sign. b. Forward to the Mayor. 2. Mayor a. Signature requested. b. Forward to the City Clerk. 3. City Clerk a. Attest b. Return to the Public Works Department to the Shauna Oyler. Shauna Oyler Public Works Department Attachements r June 27, 1988 • • TO: CITY COUNCIL FROM: Public Works Department BY THE CITY COUNCItITY COUNCIL AGENDA CITY OF NEWPORT BEACpEM NO. F -3(b) SUBJECT: SIDEWALK, CURB AND GUTTER REPLACEMENT IN HARBOR HIGHLANDS CONTRACT NO. 2501 RECOMMENDATION: Award Contract No. 2501 to FAV Engineering for the total price bid of $38,931.25 and authorize the Mayor and the City Clerk to execute the Contract. DISCUSSION: At 11 :00 A.M. on June 9, 1988, the City Clerk opened and read the following bids for this project: Total Price Bid Low FAV Engineering $38,931.15 2 Neff Contracting 40,410.00 3 George Dakovich & Son 41,360.00 4 Bruce Paving Company 43,275.00 The low bid is 3% below the Engineer's estimate of $40,000. Adequate funds are available in the current appropriation for Street Tree Replacement Program, Account No. 02- 8097 -369. This Contract provides for the removal and replacement of approximately 3,350 square feet of sidewalk and 750 linear feet of curb and gutter. The locations are shown on the attached drawing, "Exhibit A." An additional 315 square feet of parkway concrete will also be removed. The work is necessary due to (1) the relative high exposure to personal injury caused by parkway tree roots uplifting and displacing public improvements; and (2) many public complaints of nuisance water ponding in the gutter as the result of root uplift. The low bidder, FAV Engineering, is a qualified general contractor who has completed similar contracts for the City. The plans and specifications were prepared by the Public Works 'Plartment. The estimated date of completion is August 31, 1988. Ben amin B. Nolan Public Works Director BBN:sI Attachment • • 0 r i 0 [w.i.u.� 0' Y.IC 1 1 ��,, .�aY.ly'�•4 .Y�.i/ 1 ,'OR ` ECT F LO T101 I\ . Y (\ El Floa+n` JJ JKairse'w .A - -lk. C i / i/ �(/NES I. m. ays if � +1 Q i" t f R [J40K ' '1� x,11 n � `Q f O °Cl � �r 1r 1r 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT f 11� r4 SIDEWALK, CURB AND GUTTER 31LACEMENT IN HARBOR HIGHLANDS 5 \ y y DRAWN MaXX DATE S• APPROVED u I.- I C -2501 1 DRAWING No. EXHIBIT A I �r 23,1988 TO: CITY COUNCIL • FROM: Public Works Department SUBJECT: SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 2501 CITY COUNCIL AGENDA ITEM NO. F -16 BY THE CITY COUNCIL IN HARBOR HIGHLAND9CITY OF NEWPORT BEACH MAY 2 3 1988 RECOMMENDATION: APPROVED 1. Approve the plans and specifications. 2. Authorize the City Clerk to advertise for DISCUSSION: This contract provides for the removal and replacement or repair of approximately 3,350 square feet of sidewalk, 1,235 linear feet of curb and gutter. The location of work is shown on the attached drawing, "Exhibit A." An additional 315 square feet of parkway concrete will also be removed. •The work is necessary due to (1) the relative high exposure to per- sonal injury caused by parkway tree roots uplifting and displacing public improve- ments; and (2) many public complaints of nuisance water ponding in the street as the result of root uplift. The Parks, Beaches and Recreation Department will be root pruning and /or replacing the existing destructive Ficus, Ash and Pine trees after con- sulting with the adjacent property owners. In addition the Parks, Beaches and Recreation Department will be installing root barriers to limit the growth of destructive tree roots. A majority of the uplifted and displaced improvements were previously replaced in 1984 (Highland Drive), 1983 (Leeward Lane) and 1982 (Anita Lane). The Mariners Community Association, the area's property owners asso- ciation, has been informed of the subject project and a written response was requested. To date no response has been received. The Engineer's estimate is $40,000. Adequate funds are available in the current appropriation for Street Tree Replacement Program. • Bid documents have been prepared by the Public Works Department. All work should be completed prior to August 31, 1988. Benjamin B. Nolan Public Works Director BBN:sl Attachment , :7 • Authonied to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California. Number A -6214, dated 29 September. 1961, and A- 24831. dated 11 June. 1963. STATE OF CALIFORNIA County of Orange Guo1K uwmn Aov«nu,q cov«.a by m,..ma.vn n W .n r barn .,m le o,c. cowm . m I am a Citizen of the United States and a resident of the County aforesaid. I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the Orange Coast DAILY PILOT, with which is combined the NEWS - PRESS, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that a Notice of Inviting Bids of which copy attached hereto is a true and complete copy, was printed and published in the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said newspaper for 1 * i ma consecutive weeks to wit the issue(s) of 198_x_ 198- 198- 198- 198— I declare, under penalty of perjury, that the foregoing is true and correct. Executed on May 27 1988 at Cost esa, Californ' Signature � PROOF OF PUBLICATION is PUBLIC NOTICE NOTICE INVI7IN0 BIDS sealed bide may be re- co d at the office of the C1117- Clerk. 3300 Newpon Boulevard, P. O. Box 1768, Newport Beach, CA 92858 -8915 until 11:00 a.m. on the 9th day of June, 1888, at which time such bide shelf be nod and read for C of Preteel: SIDE - W&�ML,, CURB AND GUTTER R97LACEMENT IN H. BOR HIGHLANDS l e.: 2501 Ines Sao 4 Estlmetr. Approved by the City Council this 23rd day of Meyy, 1988. WANDA E. RAOGIO, City CIsrA Prospective bidders may obtain one set of bid dciou- merh at no cost at the office ofthe Public Works Depert- milint, 3300 Newport Boulevard, P. O. Box 1788, Newport Beach, CA For further Information, call 'Stephen Luy, Project /,z