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HomeMy WebLinkAboutC-2553 - Desilting Basin Modifications & Contractor's Storage Yard at Big Canyon Reservoirr 0 CITY OF NEWPORT BEACH December 9, 1986 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 FAV Engineering 17610 Beach Blvd., Suite 32B Huntington Beach, CA 92647 (714) 644 -3005 Subject: Surety: Amwest Surety Insurance Company Bonds No.: 1101627 Contract No.: C -2553 Project: Desilting Basin Modification and Contractor's Storage Yard at Big Canyon Reservoir The City Council on November 10, 1986 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 in accordance with applicable sections of the Civil Code. The Notice was recorded by the Orange County Recorder on November 19, 1986, Reference No. 86- 568916. Sincerely, Wanda E. Raggio City Clerk WER:pm cc: Public Works Department { 3300 Newport Boulevard, Newport Beach 86 PLEASE RETURN TO: 8:568916 OFORD�FICIAt RECORDS City Clerk /��? tz ��t • EXEMPT RECORDING REQUEST PLO CALIFORNIA City of Newport Be ch GOVERNMENI'CODE6103 '2 so 3300 Newport Blvd. -- PM NOV 19'8 Newport Beach, CA 92663 -3884 / q • � Q>4���t1n11„GY GOilNiv NOTICE OF COMPLETION +HO CONSIDERATION a -e +ce PUBLIC WORKS P, C14 I o All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on November 10, 1986 _ the Public Works project consisting of Desilting Basin Modification and Contractor's_ Storage Yard at Big Canyon Reservoir (C-2553) on which FAV Engineering, 17610 Beach Blvd., Suite 32B, Huntington Beach, CA 92647 was the contractor, and Amwest Surety Insurance Company. 5405 Garden Grove Blvd., 11250, was t i� l 0', was completed. Westminster, CA 92683 � EWCIj j0StO. 819a6vp reigned, say: VERIFICATION CITY OF NEWPORT BEACH , J �Z , 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 November 14, 1986 at Newport Beach, California. ✓! "[�Y7/ Iry ✓r+��.C'- . � ���w Public Vorks Director VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Newport Beach; the City Council of said City on November 10, 1986 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 November 14, 1986 at Newport Beach, California. City Clerk om rxK,-Ip Ve In 3,- C* CITI *OF NEWPORT 11ACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 November 14, 1986 County Recorder's Office P.O. Box 238 Santa Ana, California 92702 (714) 644 -3005 Enclosed is the following document for recordation and return to the above -named office: Desilting Basin Modification and Contractor's Storage Yard at Big Canyon Reservoir (C- 2553). Sincerely, C� • /t� Wanda E. Faggio City Clerk 3300 Newport Boulevard, Newport Beach • 0 L TO: CITY COUNCIL FROM: Public Works Department 0 BY THE C ?I"i CJJNCii CITY OF NE &ORT REACH WN 10 1986 APPROVED November 10, 1986 CITY COUNCIL AGENDA ITEM NO. F -12 SUBJECT: ACCEPTANCE OF DESILTING BASIN MODIFICATON AND CONTRACTOR'S STORAGE YARD AT BIG CANYON RESERVOIR (C -2553) RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after Notice of Completion has been recorded in accordance with applicable sections of the Civil Code. DISCUSSION: The contract for the construction of the subject project has been completed to the satisfaction of the Public Works Department. The bid price was $ 91,500.00 Amount of unit price items constructed 88,797.35 Amount of change orders none Total contract cost $ 88,797.35 Funds were budgeted in the General Fund, Account No. 50- 9297 -005. The contractor is FAV Engineering of Huntington Beach, California. The contract date of completion was September was delayed by wet ground encountered at the Utilities completed by October 16, ,11986. k,44<— Benjamin B. Nolan Public Works Director GPD:bjm 15, 1986. The contractor Yard. The work was l] 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (7141640 -2251 TO: FINANCE DIRECTOR Public Works Department FROM: CITY CLERK DATE: July 15, 1986 SUBJECT: Contract No. C -25 Description of Contract Desilt Storage Yard at Big Canyon Reservoir Effective date of Contract July 14. 1986 i ,7 Basin Modification and Contractor's Authorized by Minute Action, approved on June 23, 1986 Contract with FAV Engineering Address 17610 Beach Blvd., Suite 32B Huntington Beach, CA 92647 Amount of Contract $91,500.00 Wanda E. Andersen City Clerk WEA :Ir attach. City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 C7 TO: CITY CLERK FROM: Public Works Department E July 10, 1986 SUBJECT: DESILTING BASIN MODIFICATION CONTRACTOR'S STORAGE YARD AT BIG CANYON RESERVOIR, C -2553 Attached are four copies of the subject contract documents. Please have executed on behalf of the City, retain your copy and the insurance certificates, and return the remaining copies to this department. V Stephen J. Luy Project Engineer SJL:em Att: • 0 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 12th day of June , 1986, at which time such bids sha T be opened and read for DESILTING BASIN MODIFICATION AND NTR TOR' RA RD YA AT BIG CANYON RESERVOIR it e o Protect ro� PON 2553 Contract No. $88,000 Engineers Estimate-0 oil � � P ��FORN/ %z, Approved by the City Council this 27th day of May , 1986. an a 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 J. Luy at 644 -3311. Project Manager 9 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL DESILTING BASIN MODIFICATION AND CONTRACTOR'S STORAGE YARD AT BIG CANYON RESERVOIR CONTRACT NO. 2553 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P. 0. Box 1768 Newport Beach, CA 92658 -8915 Gentlemen: PR 1.1 The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete this Contract No. 2553 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 Mobilization @ Ten Thousand Dollars and No Cents $10,000.00 Per Lump Sum 2. 30 Construct Type "A" P.C.C. curb and Lineal Feet gutter (modified) @ Twenty Seven Dollars and No Cents $ 27.00 $ 810.00 Per Lineal Foot 3. 1 Construct curb inlet L = 5.0' per Each City of Newport Beach Std. -305 -L @ Three Thousand Thirty Six Dollars and Eighty Cents $_3 , 036. 80 $ 3,036.80 Each I U i 7 O N N y U 0 U t = O ro 4� U >1 C•;4- L •r •r O O .- > a• r y r Y ro a U a L J ro ro O 3 yr- L U }t 4J N r t N C r N W r- 0 -, I 34- row O O O r• + O ro 0-0 U M •C C C y y ro to C L Y w E O 7 IV i r N 4J y O N C S- V W U •r y O L y V u y !n y C a W ro y O O O = _ 4J 4J 4J 4J C L. i W m O y 0 0 C N O C N u r 00 C > CIL O O E + •r L y ro N CL N O >,c> u y i y O N > E n L y O O 4- u y v- O y = y L- Y y r N L 7 i t N= ro Q y i� C yY•r O Y ro L L ; •r U O N ro Et 3 y•r %- ro u U >a+ r i C O C . = O to L O ;4-•v au �V J i r i y y C C W Q M LO LO N M • • PR 1.2 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 688 Place aggregate base Tons @ Seventeen Dollars and No Cents $_17.00 $ 11,696.00 Per Ton 5. 258 Place asphalt concrete base course Tons @ Sixty One Dollars and Thirty Cents $ 61.30 $ 15,815.40 Per Ton 6. 86 Place asphalt concrete finish course Tons @ Sixty One Dollars and Thirty Cents $ 61.30 $ 5,271.80 Per Ton 7. 97 Construct P.C.C. gravity retaining wall Lineal Feet @ Eighty Dollars and No Cents $ 80.00 $ 7,760.00 Per Lineal Foot 8. 415 Construct 6' chain link fence and Lineal Feet gates with barbed wire @ Twelve Dollars and No Cents $ 12.00 $ 4,980.00 Per Lineal Foot 9. Lump Sum Construct P.C.C. storage bunker Thirtt @ Fourteen Thousand One Hundred/ DM ars and No Cents $ 14,130.00 $ 14,130.00 Per Lump Sum • • PR 1.3 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. Lump Sum Construct P.C.C. desilting basin bulkheads Eighteen Thousand Dollars and No Cents $18,000.00 $18,000.00 Per Lump Sum TOTAL PRICE WRITTEN IN WORDS Ninety -One Thousand Five Hundred No June 12, 1986 (714) 847 -2522 Bidder's Telephone Number 435696 A Contractor's License No. & Classification Dollars and Cents $ 91,500.00 FAV ENGINEERING Bidder Frank A. Villela - Owner Authorized Signature /Title 17610 Beach Blvd., Suite 32B dder's A dress Huntington Beach, CA 92647 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 that 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. Page 2 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 and omissionsin 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 sec.), 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. 435696 A Contr's Lic. No. & Classification June 12, 1986 F Bidder s /Frank A. Villela - Owner Authorized Signature /Title r L DESIGNATION OF SUBCONTRACTOR(S . Page 3 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. Subcontract Work Subcontractor Address 1. Fence Item 8 Golden West Fence Co., Inc. P.O. Box 946 Westminster, CA 92683 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. FAV ENGINEERING Pidd�r s /Frank A. Villela - Owner Authorized Signature /Title 0 ORIGINAL SEE CITY CLERK's FIL *PY BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, FAV ENGINEERING Page 4 as bidder, and AMWEST SURETY INSURANCE COMPANY , as Surety, are held and firmly bound unto the City of Newport Beach, Calfornia, in the sum of ** *Ninety -One Hundred Fifty and No /100 * ** Dollars ($ 9,150.00 * ** ), 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 Desilting Basin Modification & Contractors Storage Yard #2553 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 11th day of June , 1986 (Attach acknowledgement of Attorney -in -Fact) S /Maril n Kay Carlisle Notary Public Commission Expires: 6/29/87 FAV ENGINEERING Bidder __ "f'=J S /Frank /A. Villela - Owner Authorized Signature /Title AMWEST SURETY INSURANCE COMPANY Surety By S /Marcia D. Smith Title Attorney in Fact 5405 Garden Grove Blvd., #250 Westminster, CA 92683 r� L NON- COLLUSION AFFIDAVIT • Page 5 The bidder, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths, say that neither they nor any of them have, in any way, directly or indirectly, entered into any arrange- ment or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever; or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the bidder from con- sidering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be sug- gested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomso- ever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. FAV ENGINEERING ____UAder S /frank A. Villela - Owner Authorized Signature /Title Subscribed and sworn to before me this 11th day of June 1986 . My commission expires: 6/29/87 S /Marilyn Kay Carlisle Notary Public 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. Over $500,000 Public Works Projects, Cities of Newport Beach, in Valley, Norwalk Others 1983 -86 FAY ENGINEERING S /Crank A. Villeia - Owner Authorized Signature /Title • N O T I C E • 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 Reqister 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 edit'ion of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided for all TYPES OF INSURANCE checked on the CERTIFICATE OF INSURANCE. All costs associated with the specifications of these contract documents shall be absorbed in the bid. Such specifications shall include those contained in (1) each contract document and (2) the Standard Specifications for Public Works Construction (latest edition adopted for use in the City of Newport Beach), except as supplemented or modified by the Special Provisions for this project. Ll ISSUED IN QUADRUPLICATE PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That Page 8 BOND NO. 1101627 Premium: $2,080.00 (Includes Performance & Payment Bond) WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted has awarded to June 23, 1986 FAV ENGINEERING hereinafter designated as the "Principal ", a contract for DESILTING BASIN MODIFICATION AND CONTRACTOR'S STORAGE YARD AT BIG CANYON RESERVOIR (C -2553) in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his or its subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We FAV as Principal, and AmwFST SURETY INSURANCE COMPANY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of * ** Ninety-One Thousand Five Hundred and No /100 * ** Dollars ($ 91,500.00 * ** ) 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 r 0 Payment Bond (Continued) 9 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 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 Princi pal and Surety above named, on the ist day of July , 19 86 FAV ENGINEERING (Seal) Name of Contractor Principal Authorized Signature and Title Authorized Signature and Title AMWEST SURETY INSURANCE COMPANY :(Seal). Name of Surety 5405 Garden Grove Blvd., #250 Westminster, CA 9 683 Address of Sure /% Signature and Title of Authorized Agent Marcia D. Smith, Attorney in Fact Same as above dress of Agent (714) 891 -4778 Telephone No. of Agent LL. \ E j / / § § L-. _ \E E • ;;{ } \§ ~ )Z ) ■!] , §g222 ----3 ! LL4 k . ;k2 {) \� 2a�\ i§LA \-/ u 2| k � j \ } ) ] 2 °ogj! \§E■ 0 § ! ®�§�7 3§ � \\ {a <u §E 3J2 • Page 10 �n�t '.' - ~• ISSUED IN QUADRUPLICATE G...i FAITHFUL PERFORMANCE BOND BOND No. 1101627 Premium: $2,080.00 (Includes Performance & KNOW ALL MEN BY THESE PRESENTS, That Payment Bond) WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted June 23, 1986 has awarded to FAV ENGINEERING hereinafter designated as the "Principal ", a contract for DESILTING BASIN MODIFICATION AND CONTRACTOR'S STORAGE YARD AT BIG CANYON RESERVOIR iC -25531 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 * ** Ninety -One Thousand Five Hundred and NO /100 * ** Dollars $91,500.00 * ** J. said sum being equal to 100% of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, con- ditions, and agreements in the said contract and any alteration thereof made as therein provided on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice 0 Faithful Performance Bond (Continued) • Page 11 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 Ist day of July , 19 86 FAV ENGINEERING (Seal) Name of Contractor (Principal) Authorized Signature and Title Authorized Signature and Title AMWEST SURETY INSURANCE COMPANY (Sedl) Name of Surety 5405 Garden Grove Blvd., X6250 Westminster, CA 92683 Address of Surety - Signature and Title of Authorized Agent Marcia D. Smith, Attorney in Fact Same as above Address of Agent (714) 891 -4778 Telephone No. of Agent 0 Lij o, 0 $ ( § k / § ) \\�\ } ): \ ( )}) \ §k� )\ » ` / \)J eCA u )ƒ \) SwF. 00 \� } Ogg 2 Kra± � § {\ �() <!a ®r!$z 3G2 ;■e • CERTIFICATE OF INSURANCE . Page 12 INSURANCE City of Newport Beach 3300 Newport Boulevard Company A TRUCK INSURANCE EXCHANGE Newport Beach, CA 92663 COMPANY Letter Policy FARMERS INSURANCE GROUP OF COMPANIES g. ro uc s Company B FARMERS INSURANCE EXCHANGE NAME AND ADDRESS OF INSURED Each Letter FAR ERS INSURANCE GROUP OF COMPANIES' FAV ENGINEERING Company C TRUCK INSURANCE EXCHANGE GENERAL LIABILITY x Comprehensive Form Letter Bodily Injury FARMERS INSURANCE GROUP OF COMPANIES 17610 Beach Blvd., Suite 32 -B A Company D 2/8/87 Property Damage $500,000 Letter x Explosion & Collapse Hazard Huntington Beach, CA 92647 Company E x Underground Hazard 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 da ' advance notice to the City of Newport Beach by registered mail, ntion: Public Works Department. RE ze ve Agency FRED BRUNNER INSURANCE AGENCY 7962 TENTH ST., S -220, WESTMINSTER,CA. 92683 Date: 6/30/66 Telephone: 714 750 0990 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: DESILTING BASIN MODIFICATION AND CONTRACTOR'S STORAGE YARD AT BIG CANYON RESERVOIR C -2553 Pro.iect Title and Contract Number NOTICE: This certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies, including attached endorsements. 01 Policy LIMITS OF LIABILITY IN THOUSANDS 000 COMPANY TYPES OF INSURANCE Policy ExP. g. ro uc s LETTER COVERAGE REQUIRED No. Date Each Completed Occurrence Operations: GENERAL LIABILITY x Comprehensive Form Bodily Injury $500,000 $500,000 A x Premises - Operations 14812191 2/8/87 Property Damage $500,000 $500,000 x Explosion & Collapse Hazard x Underground Hazard x Products /Completed Operations 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 500,000 Aviation AUTOMOTIVE LIABILITY ❑x Comprehensive Form Bodily Injury $500,000 8/8/86 (Each Person B 0 Owned 112947625 $ Bodily Injury (Each Occurrence) 500,000 ❑x Hired Pro ert Oama e 500,000 Bodi y Inj7ury and Non -owned Property Damage Combined 500,000 $ EXCESS LIABILITY ❑ Umbrella Form Bodily Injury ❑ Other than Umbrella Form and Property Damage Combined $ $ WORKERS' COMPENSATION 10/21/8 Statutory C EMPLOYERr'S LIABILITY N0107431 WC 2,000,000 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 da ' advance notice to the City of Newport Beach by registered mail, ntion: Public Works Department. RE ze ve Agency FRED BRUNNER INSURANCE AGENCY 7962 TENTH ST., S -220, WESTMINSTER,CA. 92683 Date: 6/30/66 Telephone: 714 750 0990 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: DESILTING BASIN MODIFICATION AND CONTRACTOR'S STORAGE YARD AT BIG CANYON RESERVOIR C -2553 Pro.iect Title and Contract Number NOTICE: This certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies, including attached endorsements. 01 . • Page 13 CITY OF NEWPORT BEACH AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT It is agreed that: I. 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 $ 500.000 each occurrence The limits of liability as stated in paragraph 3 of this endorsement shall not in- crease the total liability of the Insurance Company for all damages as the result of any one accident or occurrence in excess of the limits of Liability stated in the policy as applicable to Automobile Liability Insurance. 4. Should the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. DESILTING BASIN MODIFICATION AND 5. Designated Contract: CONTRACTOR'S STORAGE YARD AT BIG CANYON RESERVOIR C -2553 Project Title and Contract No.). This endorsement is effective 6/29/86 at 12:01 A.M. and forms a part of Policy No. 11294 76 26 . Named Insured FAV ENGINEERING Endorseme No. 1 Name of Insurance Company FARMERS INSURANCE GROUP BY F. .B NER Authorized Representative • • Page 14 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 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 (X) Single Limit Bodily Injury Liability $ gno -non 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 damagesas the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to Comprehen- sive General Liability Insurance. 6. Should the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department DESILTING BASIN MODIFICATION AND 7. Designated Contract: CONTRACTOR'S STORAGE YARD AT BIG CANYON RESERVOIR - Project Title and Contract No. This endorsement is effective 6/29/86 at 12:01 A.M. and forms a part of Policy No. 1481 21 91 Named Insured FAV ENGINEERING Endors nt No. —I Name of Insurance Company FARMERS INSURANCE GROUP By F.H.BRUNNER OF COMPANIES Authorized Representative CONTRACT . Page 15 THIS AGREEMENT, entered into this day of , 19 by and between the CITY OF NEWPORT BEACH, hereinafter "Cit and FAV_ENGINEERING , hereinafter "Contr ctor," s made with reference to the following facts: (a) City has heretofore advertised for bids for the following described public work: DESILTING BASIN MODIFICATION AND CONTRACTOR'S STORAGE 2553 Title of Project Contract No. YARD AT BIG CANYON RESERVOIR (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: DESILTING BASIN MODIFICATION AND CONTRACTOR'S STORAGE 2553 Title of Project Contract No. YARD AT BIG CANYON RESERVOIR 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 Ninety One Thousand Five Hundred & No /100 ($ 91,500.00 ). This compensation includes (1) any loss or damage arising from the nature of the work; (2) any loss or damage arising from any unforeseen difficulties or obstruc- tions in the performance of the work; (3) any expense incurred as a result of any suspension or discontinuance of the work; but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated herein by reference as though set out in full and include the following: (a) Notice Inviting Bids (b) Instruction to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and endorsement(s) • 0 Page 16 (f) Plans and Special Provisions for DESILTING BASIN MODIFICATION AND CONTRACTOR'S STORAGE YARD AT BIG CANYON S R 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. ATTEST: City Clerk APPROVED AS TO FORM: .i l City Attorney Name of C ntract r (Principal) Ds✓•►o e Authorized Signature and Title Authorized Signature and Title CITY • • SP1of3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR DESILTING BASIN MODIFICATION AND CONTRACTOR'S STORAGE YARD AT BIG CANYON RESERVOIR CONTRACT NO. 2553 I. SCOPE OF WORK The work to be done under this contract consists of (1) constructing desilting basin bulkheads, (2) constructing a storage bunker, (3) constructing a storage yard, (4) constructing drainage improvements, and (5) performing other incidental items of work within the limits as shown on the plans. All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions, (2) the Plans (Drawing No. D- 5170 -S), (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction Edition), an ) the Standard Specifications for Public Works Construction (1985 Edition). 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 Provisions and Standard Drawings may be purchased at the Engineer's office for $5. II. TIME OF COMPLETION The Contractor shall complete all field work on this contract within sixty (60) consecutive calendar days, but no later than September 15, 1986. No work shall begin until a schedule of work has been approved by the Engineer. III. PAYMENT The unit or lump sum price of each item of work shown on the proposal shall be considered as full compensation for all labor, equipment, materials, and all other things necessary to complete the work in place, and no additional allowance will be made therefor. Payment for all items of work not separately provided for in the proposal shall be included in the prices bid for other items of work. Partial payments for mobilizaton shall be made in accordance with Section 10264 of the California Public Contract Code. IV. CONSTRUCTION SURVEY STAKING Field staking for control of construction will be provided by the Engineer. V. WATER 9 SP2of3 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. VI. SURFACE AND GROUNDWATER Groundwater or surface runoff water containing mud, silt or other dele- terious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into the lower reaches of the storm drain channel. VII. CONSTRUCTION DETAILS A. Asphalt Concrete 1. Base Course - -The base course shall be 3- inch -thick Type III -B2 with 5.2 to 5.8 percent AR 4000 paving asphalt. 2. Finish Course - -The finish course shall be a 1- inch -thick Type III -C3 with 5.6 to 6.0 percent AR 4000 paving asphalt. Prior to placing the finish course, a tack coat of Type SS -1h asphaltic emulsion at a rate not to exceed one -tenth (1/10) of a gallon per square yard shall be uniformly applied to the A.C. base course, and the Portland cement concrete edges against which asphalt concrete is to be placed. The surface shall be free of all loose material or dust when the tack coat is applied. 3. Patchbacks -- Asphalt surface improvements adjacent to any curb and gutter to be replaced shall be removed and reconstructed by the Contractor with the same type materials to an equivalent structural section as the existing asphalt improvements. The cost of the asphalt patchback shall be included in the cost per linear foot of curb and gutter. B. Chain Link Fence Chain link fence, gates and barbed wire shall conform to Sections 206 -6 and 304 -3 of the Standard Specifications. C. Storage Bunker The costs for removal of existing encroaching improvements and the construction of Type A P.C.C. curb and gutter, A.C. patchback, down drain, bunker walls, bunker floor and base shall be included in the lump sum cost to construct P.C.C. storage bunkers. D. Desilting Basin Bulkheads The cost for removal of existing encroaching improvements and the construction of bulkheads, valves, drain, joint filler and sealant shall be included in the lump sum cost to construct P.C.C. desilting basin bulkheads. • SP3of3 VIII. CONSTRUCTION SITE AND CONTRACTOR'S AREAS During construction, and throughout the entire period of the contract, the contractor shall maintain the premises in an orderly condition, free from accumulation of waste materials, rubbish and debris. Upon satisfactory completion of the contract and before acceptance of the work by the City, the Contractor shall remove tools, equipment and materials and leave the work site in a clean appearance. The Contractor may store materials and equipment in an orderly manner at the construction site in those areas designated by the City Utilities Superintendent, Mr. Gil Gomez (644- 3011). IX. CONCRETE Concrete for desilting basin bulkheads shall be Class 560 -B -3250, as spe- cified in Standard Specifications Section 201 -1. Concrete for gravity retaining wall, bunker floor and retaining wall shall be Class 560 -B -3250. . *e 23, 1986 BY THE 0Y 0'0UHC9.ITY COUNCIL AGENDA CITY OF NEWPORT 6FA&M NO. F -3(a) TO: CITY COUNCIL JUN 23 1995) • FROM: Public Works Department APPROVED SUBJECT: DESILTING BASIN MODIFICAT E YARD AT BIG CANYON RESERVOIR (C -2553) RECOMMENDATION: Award Contract No. 2553 to FAV Engineering for the total price of $91,500, and authorize the Mayor and the City Clerk to execute the contract. DISCUSSION: At 11:00 A.M. on June 12, 1986, the City Clerk opened and read the following bids for this project: Bidder Tntal Prira Low FAV Engineering $ 91,500.00 2 Jerry Cross Paving Co. 100,485.79 3 Clarke Contracting Corp. 115,662.00 4 Pentaco Inc. & A. M. Galbreath 130,460.00 • The low total price bid is 4% above the Engineer's estimate of $88,000. Funding for award is proposed from the following account: Description Account No. Amount Big Canyon Reservoir Improvements 50- 9297 -157 $50,000 Contractor's Storage at Big Canyon Reservoir 50- 9297 -005 25,000 Purchase Storage, San Joaquin Reservoir 50- 9297 -007 16,500 Total $91,500 The low bidder FAV Engineering, is a well - qualified general contractor who has successfully completed other contracts for the City. The project provides for the construction of additional desilting basin bulkheads and a contractor's storage yard within the Big Canyon Reservoir site. In addition, a storage bunker will be constructed at the Utilities Department's 16th Street site. The additional bulkheads may improve the effectiveness of existing • desilting basins by providing additional chambers for decanting silt from water which is annually pumped from the reservoir floor. The contractor's storage yard will provide a specific area for equipment and material storage by City contractors working in the vicinity of Corona del Mar. The storage bunker at the 16th Street site will provide an additional materials storage bin for the Utilities Department. The plans and specifications were prepared by the Public Works Department at the request of the Utilities Department. The estimated date of completion is tember 15, 1986. rCW— Benjamin B. Nolan Public Works Director (�3�) • (0) BY THE CilY COUNCIL CITY OF NEWPORT BEACH MAY 2 7 1986 TO: CITY COUNCIL APPROVED FROM: Public Works Department May 27, 1986 CITY COUNCIL AGENDA ITEM NO. F -14 SUBJECT: DESILTING BASIN MODIFICATION AND CONTRACTOR'S STORAGE YARD AT BIG CANYON RESERVOIR (C -2553) RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Authorize the City Clerk to advertise for bids to be opened at 11:00 A.M. on June 12, 1986. DISCUSSION: • The project provides for the construction of additional desilting basin bulkheads and a contractor's storage yard within the Big Canyon Reservoir site. In addition, a storage bunker will be constructed at the Utilities Department's 16th Street site. The additional bulkheads may improve the effectiveness of existing desilting basins by providing additional chambers for decanting silt from water which is annually pumped from the reservoir floor. The contractor's storage yard will provide a specific area for equipment and material storage by City contractors working in the vicinity of Corona del Mar. The storage bunker at the 16th Street site will provide an additional materials storage bin for the Utilities Department. The Engineer's estimate for the work is $88,000. Adequate funds are available in the current appropriations for constructing Desilting Basins at Big Canyon Reservoir, Contractor's Storage at Big Canyon Reservoir, and San Joaquin Reservoir Improvements. The plans and specifications were prepared by the Public Works Department at the request of the Utilities Department. The estimated date of completion is September 15, 1986. mb r1 Benjami Nolan Public Works Director SJL:jd