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HomeMy WebLinkAboutC-2646 - Miscellaneous Construction in Corona del MarCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK EO, BOX 1768, NEWPORT BEACH, CA 92658 -8915 September 26, 1988 Nobest Incorporated P.O. Box 874 Westminster, CA 92684 (714) 644 -3005 0 Subject: Surety: The Travelers Indemnity Company Bonds No.: 402J471 -6 Contract No.: C -2646 Project: Miscellaneous Construction in Corona del Mar The City Council of Newport Beach on August 22, 1988 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 August 29, 1988, Reference No. 88- 430444. Sincerely, Wanda E. Raggio ((// City Clerk WER:pm cc: Public Works Department 3300 Newnort Boulevard, Newport Beach RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk /1� 7 (ti -/V(/. City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 *EMPT RECORDING REQUEST PER GOVERNMENT CODE 6103 EXEMPT C2 NOTiCF. OF COMPLETION 88- 430444 IN OFFICIAL RECORDS i COUNTY CALIFORNIA -3 4s PM AUG 29'88 ICU CONSIOEMPON PUBLIC WORKS Lc� Q,,,j„a„,r,,(, ?o All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on August 22, 1988 the Public Works project consisting of Miscellaneous Construction in Corona del Mar_ on which Nobest Incorporated, P.O. Box 874, Westminster, CA 92684 was the contractor, and The Travelers Indemnity Company, P.O. Box 5700, Brea, CA was the surety, was completed. 92622 -5700 VERIFICATION I, the undersigned, say: OF NEWPORT BEACH Works Director I am the Public Works Director of the City of Newport Beach; the Notice of Completion is true of my own knowledge. r G tteljp01"'� 1 declare under penalty of perjury that the foregoing is true and correct. Executed on August 24, 1988 at Newport Beach. California. 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 August 22, 1988 accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on August 24, 1988 at Newport Beach, California. i �� City Clerk �/ 0 CIT F NEWPORT AACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 August 26, 1988 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: C -2646 (Miscellaneous Construction in Corona del Mar); C -2667 (Remodel 15th Street Restroom); C -2694 (Construct Boundary Wall at Corporation Yard). Sincerely, 3300 Newport Boulevard, Newport Beach TO: CITY COUNCIL FROM: Public Works Department egust 22, 1988 BY THE CITY COUNCILCITY COUNCIL AGENDA CITY OF NEWPORT BEAVEM NO. F -11 AUG 2 2 1986 APPROVED SUBJECT: ACCEPTANCE OF MISCELLANEOUS CONSTRUCTION IN CORONA DEL MAR (C -2646) 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 construction of the subject project has been completed to the satisfaction of the Public Works Department. The work included reconstruction of the stairway to Pirates Cove, construction of a sidewalk along the seaward side of Ocean Boulevard, resurfacing of the westerly half of the Corona del Mar State Beach parking lot and Avocado Avenue at Second Avenue, reconstruction of First Avenue between Carnation and Begonia Avenues and reconstruction of curb and gutter on St. James Road and via Barcelona. The bid price was $125,397.75 Amount of unit price items constructed 130,911.65 Amount of change orders 23,429.69 Total contract cost $154,341.34 The increase in the amount of the unit price items constructed was due to the replacement of considerably more deteriorated curb and gutter on St. James Road than had been anticipated. Two Change Orders were issued. The first, in the amount of $18,252.00, provided for construction of a beach access stairway opposite Orchid Avenue. The second, in the amount of $5,177.69, provided for placing fill to make grade under the Ocean Boulevard walk, additional pavement removal and replacement at the St. James Road site, and replacement of an existing alley approach on First Avenue. Funds for the project were budgeted in the General Fund, Account Nos. 02- 3387 -015, 02- 3387 -053, 02- 3397 -183 and 02- 4197 -441, the Park and Recreation Fund, Account No. 10- 7797 -070 and the Tide and Submerged Lands Fund, Account No. 23- 5697 -032. The Contractor is Nobest, Inc. of Westminster. The contract date of completed on June 28, 1988. 4 Benjamin B. Nolan Public Works Director PO :so completion was July 1, 1988. The work was r 'h) TO: CIT -AOF NEWPORT BIACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 FINANCE DIRECTOR FROM: CITY CLERK DATE: April 18, 1988 SUBJECT: Contract No. C -2646 Description of Contract Miscellaneous Construction in Corona del Mar Effective date of Contract April 15, 1988 Authorized by Minute Action, approved on April 11, 1988 Contract with Nobest Incorporated Address P.O. Box 874 Westminster, CA 92684 Amount of Contract $125,397.75 "9� 6e 4e Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach 6 April 13, 1988 0 T0: City Clerk FROM: Public Works Department SUBJECT: Miscellaneous Construction in Corona del Mar, C -2646 Attached are the original and three copies of the subject contract documents. Please sign and have the Mayor sign the documents and return to this office for further processing. Gilbert Wong Project Engineer GW:dw Attachments El TO: CITY COUNCIL FROM: Public Works Department SUBJECT: MISCELLANEOUS CONSTRUCTION IN CORONA DEL MAR (C -2646) RECOMMENDATION: April 11, 1988 CITY COUNCIL AGENDA ITEM NO. F -3(a) BY THE CITY COUNCIL CITY OF NEWPORT BEACH APR 111988 APPROVED Award Contract No. 2646 to Nobest Inc. for $125,397.75, and authorizing the Mayor and the City Clerk to execute the contract. DISCUSSION: At 11:00 a.m. on March 31, 1988, the City Clerk opened and read the following bids for this project: BIDDERS Low Nobest Inc., Westminster 2 Bruce Paving Co., Gardena 3 Griffith Co., Santa Ana 4 Coastline Construction, Laguna Hills 5 Wakeham -Baker Inc., Fountain Valley 6 Gillespie Construction, Costa Mesa 7 Damon Construction Co., Gardena 8 Jerry Cross Paving Co., Costa Mesa 9 Sully- Miller, Orange 10 F.A.V. Engineering, Huntington Beach AMOUNT BID $125,397.75 126,664.10 133,630.95 141,000.00 145,145.00 152,326.50 154,217.50 154,347.00 155,625.00* 181,450.00 * Corrected Bid Total is $155,564.53 The low bid is 26% below the Engineer's estimate of $170,000.00. The disparity between estimated and bid amounts is attributed to the good com- petitive bidding among contractors. Funding for award is proposed from the following accounts: ACCOUNT DESCRIPTION ACCOUNT NO. AMOUNT • Sidewalk, Benches, Landscaping at Inspir. Point 10- 7797 -070 $28,067.75 Street & Alley Resurfacing Program 02- 3387 -015 16,500.00 Storm Drain Improvement Program 02- 3387 -053 3,500.00 Sidewalk, Curb & Gutter Replacement Program 02- 3397 -183 26,700.00 Channel Road Walkway to the Wedge 02- 4197 -441 25,630.00 CDM State Beach Parking Lot Resurfacing 02- 5697 -032 25,000.00 April 11, 1988 Subject: Miscellaneous Construction in Corona del Mar (C -2646) • Page 2 The low bidder, Nobest Inc., is a well - qualified general contractor who has successfully completed previous contracts for the City. This project provides for the construction or reconstruction of portland cement concrete and asphalt concrete drainage and surface improvements at various locations in the City. The contract includes: 1. Reconstructing the stairway down to Pirates Cove. 2. Constructing and reconstructing sidewalk along the ocean side of Ocean Boulevard between Goldenrod and Marguerite Avenues. 3. Resurfacing and restriping the westerly half of Corona del Mar State Beach parking lot. 4. Resurfacing Avocado Avenue at Second Avenue. 5. Reconstructing 1st Avenue between Begonia Avenue and Carnation Avenue. • 6. Reconstructing curb and gutter along St. James Road and Via Barcelona. The plans and specifications were prepared by the Public Works Department. The estimated date of completion is July 1, 1988. 40 y Benjamin B. Nolan Public Works Director BBN:dw C: • • TO: CITY COUNCIL FROM: Public Works Department • March 14, 1988 CITY COUNCIL AGENDA ITEM NO. F -17 U1 IhL P-10 (y,::NIL CITY OF NEWPORT BEACH MAR 141988 APPROAT..O SUBJECT: MISCELLANEOUS CONSTRUCTION IN CORONA DEL MAR (C -2646) RECOMMENDATION: 1. Approve the plans and specifications. 2. Affirm the Negative Declaration of Environmental Impact. 2. Authorize the City Clerk to DISCUSSION: This project provides for the construction or reconstruction of portland cement concrete and asphalt concrete drainage and surface improvements at various locations in the City. The contract includes: 1. Reconstructing the stairway down to Pirates Cove. 2. Constructing and reconstructing sidewalk along the ocean side of Ocean Boulevard between Goldenrod and Marguerite Avenues. 3. Resurfacing and restriping of the westerly half of Corona del Mar State Beach parking lot. 4. Resurfacing Avocado Avenue at Second Avenue. 5. Reconstructing 1st Avenue between Begonia Avenue and Carnation Avenue. 6. Reconstructing curb and gutter in St. James Road and Via Barcelona. • A Negative Declaration of Environmental Impact has been prepared by staff for the new Ocean Boulevard sidewalks. Upon approval of the Environmental Affairs Committee, Notices of Determination will be filed with the Clerk of the Board of Supervisors and published in the local newspaper. E G The estimated cost of the work is $170,000. Funding for award is pro- posed from the following accounts: Account Description Account No. Amount • Sidewalk, Benches, Landscaping at Inspir. Point 10- 7797 -070 $24,000 Street & Alley Resurfacing Program 02- 3387 -015 16,500 Storm Drain Improvement Program 02- 3387 -053 3,500 Sidewalk, Curb & Gutter Replacement Program 02- 3397 -183 26,700 Channel Road Walkway to the Wedge 02- 4197 -441 25,630 CDM State Beach Parking Lot Resurfacing 23- 5697 -032 25,000 CDM Alley Replacement Program* 02- 3397 -431 Balance Req'd * If necessary for award, Staff proposed to request City Council to transfer the balance of required funding from an unexpended appropriation for alley replacement in Corona del Mar. The alley replacement, deemed by the staff to not be as critical as the proposed Corona del Mar drainage and street improvements in this contract, will be performed at a later date. The plans and specifications were prepared by the Public Works Department. The estimated date of completion is July 1, 1988. Benjamin B. Nolan • Public Works Director BBN:ld • n Authorized 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 vvee worse wa enw.q cevereu or r4- eno*we n f4- m r eeerr ,win ro vice cwnvr .ram 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. 1 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 two consecutive Weeks to Wit the issue(s) of March 17 198--L March 24 8 198 198_ 198_ 198_ I declare, under penalty of perjury, that the foregoing is true and correct. Executed on March 25 198 a at Costa Mesa, California. Signature • FILMIC C NOTICE _ NOTICE INVITINQMS. Seabd bids may be ra. ceived at the office or the ^Ity Clerk, 3399 Newport Boulevard B P. O. Box 1768, Vewpori each, OA 12658.8815 until 11:09 a.m. in the 31st day If March, 1988, at which time such Olds shall be opened end by the City 14th day of Clerk WANDA E. RADON), City Prospective bidders may obtain one Set of bid ii e mente at no coat at the office Of the Public Works Depart- ment, 3300 Newport. Boulevard,-P. Gam 1768, Newport Beach, CA � 92658 -8915. For further In OMMIZ call Gilbert Wong, Protect Manager et 644-3311. Published Orange Coast Deily Pilot March 17, 24, 1988 Th55o PROOF OF PUBLICATION 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 31st day of March_ , 1988, at which time mime such bids shall be openednd read for 'v IN CORONA DEL MAR 2646 Contract No. $170,000 ng neer s stimate W9 .0 • �� � Olt O Approved by the City Council this 14thday of March , 1988. Wanda E aggio 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 Gilbert Wong at 644 -3311. Project Manager ., "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." /�3 — Nobest Incorporated Contractor C -2646 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT L] MISCELLANEOUS CONSTRUCTION IN CORONA DEL MAR CONTRACT NO. 2646 oononcni 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. 2646 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 Thirty -Seven Hundred Dollars and No Cents $220-m — Per Lump Sum 2. 4 Each Construct P.C.C. bench pad with eye bolt per C.N.B. STD - 611 -L. @ Two Hundred Dollars and No Cents $200.00 $800.00 Per Each '3. 700 Tons Construct A.C. overlay (1" and variable) @ Forty -Five Dollars and No Cents $ 45.00 $31,50,00 er Ton 4. 3 Each Construct P.C.C. access ramp @ Three Hundred Dollars and No Cents $300.00 $ 900.00 Per Each WW, WA EM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 5. 6,000 Remove existing and construct Square Feet 4" -thick A.C. over 4" -thick aggregate base @ Two Dollars and Sixt -Five Cents $ 2.65 $1900.00 er quare Foot 6. 44 Reconstruct existing P.C.C. curb Lineal Feet @ Fourteen Dollars and No Cents $ 14.00 $ 616.00 _. Per Lineal Foot 7. 4 Each Adjust existing manhole frames and covers to finished grade @ Two Hundred -Fifty Dollars and No Cents $ 250.00 Per Each 8. 3 Each Adjust existing water meter and irrigation boxes to finished grade @ One Hundred Dollars and No Cents $100.00 Per Each 9. 150 Provide and install handrail Lineal Feet Fifty -Seven Dollars and No Cents $57.00 $8.550.00 er Lineal Foot 10. 8 Each Provide and install wheel stops @Seventeen Dollars and No Cents $17.00 $136.00 Per Each L. PR 1.3 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 11. 6 Each Remove existing traffic warning sign and construct traffic warning sign @ Two Hundred- Ninety Five Dollars and No Cents $295.00 $1,770.00 12. Lump S :;m Remove existing planter and construct Type I planter @ Fourteen Hundred Dollars and No Cents $.21400.00 Per Lump Sum 13. 1270 Remove existing variable A.C. /6" thick Square Feet P.C.C. pavement and replace with 6" thick P.C.C. @ Three Dollars and Eighty Cents $3.80 i $4L826.00.. Per quare Foot 14. 4,410 Construct P.C.0 walk Square Feet @ Two Dollars and Fifty Cents $2.50 Per quare oot 15. Lump Sum Remove and replace existing P.C.C. stairway and landing at Pirate's Cove (except handrail) @ Twelve Thousand Dollars and No Cents $12,000_00.._. Per Lump Sum 16. 1 Each Provide and install litter can holder @ Two Hundred Dollars and No Cents $200.00 $200.00 _ Per Each PR 1.4 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 17. 4425 Remove existing A.C. walk and replace Square Feet with P.C.C. walk @ Two Dollars and Fifty Cents $2.50 $I1 ,06 ?.50 Per Square Foot 18. 4 Each Provide and install raised pavement markers @ Fifteen Dollars and No Cents $15.00 $60.00 Per Each 19. Lump Sum Install Corona del Mar State Beach parking lot striping @ One Thousand Two Hundred - Eighty Dollars and No Cents $1,280.00 er Lump Sum 20. 680 Reconstruct P.C.C. "Rolled" curb and Lineal Feet gutter @ Twenty -Three Dollars and Twentv-Five Cents $23.25 $1 ,810.00 _ Per Lineal Foot 21. Lump Sum Remove interfering portion and abandon existing catch basin, 12" Dia. storm drain and 3" Dia. curb drain @ Five Hundred Dollars and No Cents $500.00 _ Per Lump Sum 22. 195 Remove interfering portion of existing A.C./ Square Feet P.C.C. driveway and construct P.C.C. driveway with P.C.C. curb @ Three Dollars and Sev t -Five Cents $3.75 $731.25 Per quare oot PR 1.5 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 23. 121 Remove interfering portion of Lineal Feet existing P.C.C. pavement and local depression and construct P.C.C. gutter Eleven Dollars and No Cents $11.00 $1.331.00 Per lineal Foot TOTAL PRICE WRITTEN IN WORDS One Hundred Twenty -Five Thousand Three Hundred Ninety -Seven Dollars and Seventy -Five Cents $125�397.7S March 30, 1988 ✓ Nobest Incorporated Date Bi der (714) 892 -5583 Bidder's Telephone Number S/ Larry Nodland /Treasurer Autho— riz�Slgnature Titre 359622.A P.O. Box 874 Westminster CA 92684 Contractor's License No. C asst ication Bid er's A dress • • 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 SUBCONTRACTORS) 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. 359622 A Contr's Lic. No. & Classification March.30. 1988 Nobest Incorporated Bi dew r S/ Larry Nodland /Treasurer Authorized Signature /Title 0 • Page 3 DESIGNATION OF SUBCONTRACTOR(S) The undersigned certifies that he has used bid(s) of the following listed subcontractor(s) in making up his bid,and that the subcontractor(s) listed will be used for the work for which they bid, subject to the approval of the Engineer and in accordance with the applicable provisions of the Specifications. No change of subcontractor may be made except with the prior approval of the Engineer and as provided by State law. Subcontract Work Subcontractor Address I. Striping Orange County Striping Orange, CA 2. Handrail Crainveyor Corporation S. Elmonte, CA 3. 4. 5. 6. 7. B. 9. 10. 11. 12. Nobest Incorporated Bidder S/ Larry Nodland /Treasurer Authorised Signature /Title • FOR ORIGINAL SEE CITY CLERK 0FILE COPY Page 4 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, Nobest Incorporated , as bidder, and THE TRAVELERS INDEMNITY COMPANY as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of TEN PERCENT OF THE TOTAL AMOUNT OF THE BID IN Dollars ($ 10% ), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of MISCELLANEOUS CONSTRUCTION IN CORONA DEL MAR 2646 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 21st day of March , 1988 . (Attach acknowledgement of Attorney -in -Fact) S /Tina Durand Notary Public Commission Expires: Sept. 2, 1988 NOBEST INCORPORATED Bidder S /Larry Nodland /Treasurer Authorized Signature /Title THE TRAVELERS INDEMNITY COMPANY Surety By S /Donald E. Rapp Title Attorney -in -Fact • • 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 30th day of March , 1988 . My commission expires: October 18, 1988 Nobest Incorporated Bidder S /Larry Nodland /Treasurer Authorized Signature /Title S /David E. Poole Notary Public Page 5 .~ , � • 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. See attached sheet Nobest Incorporated Bidder S /Larry Nodland /Treasurer Authorized Signature /Title The Travelers Indemnity Company Hartford, Connecticut If necessary, validation of this power of attorney is available at (203) 277 -7839. Collect calls will be accepted. POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That TILE TRAVELERS INDEMNITY COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint Douglas A. Rapp of Rosemead, California — its true and lawful Attorney(s) -in -Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seat is required, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof, as follows: -- Any and all bonds, urtdertakings, reoognizances, consents of surety or other written obligations in the nature thereof — and to bind THE TRAVELERS INDEMNITY COMPANY thereby, and all of the acts of said Attorney(s) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following Resolutions adopted by the Board of Directors of THE TRAVELERS INDEMNITY COMPANY at a meeting duly called and held on the Ist day of November, 1985 which Resolutions are now in full force and effect: Virrim: That the Chairman of the Board, the President, any Executive Via President, any Senior Via President, any Via President, any Second Via President, the Corporate Secretary or any Department Secretary may appoint attorneys -in -fare or agents with power and authority, as defined or limited in their respective powers of attorney, for and on behalf of the Company to execute and deliver, and affix the seal of the Company thereto, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof and any of said officers; may remove any such attornry -in -fan or agent and revoke the power and authority given to him. t Vurm: Put any bond, undertaking, recognizance, consent of suety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the Chairman of the Board, the President, any Executive Via President, any Senior Via President, any Vitt President or any Second Via President and duly attested and sealed, if a seal is required, by the Corporate Secretary or any Department Secretary or any Assistant Corporate Secretary or any Assistant Department Secretary, or shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by a duly authorized attomey -in -fare or agent, pursuant to and within the limits of the authority granted by his or her power of attorney. This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of THE TRAVELERS INDEMNITY COMPANY at a meeting duly called and held on the I st day of November, 1985: Vo7tu: That the signature of any officer authorized by Resolutions of this Board and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or artification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature thereof, such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same fora and effect as though manually affixed. This pmier of attorney revokes any and all powers of attorney dated prior to November 1, 1985 — IN WITNESS WHEREOF, THE TRAVELERS INDEMNITY COMPANY has caused these presents to be sf�ed by its proper officer and its corporate seal to be hereunto affixed this lst day of NoveRber 19 . THE TRAVELERS INDEMNITY COMPANY \NDE'MN By 6EAL ::r -= Secretary, Surety State of Connecticut, Y Count ford—ss: , On this I -st day of Vorember in the year 1985 be re me personally came D. '„ Banta to me known. % ho, being by me duly sworn, did depose and say: that he resides in the State of Connecticut; i'r1 }: *1 ':; Secretary (Suret)) of THE TRAVELERS INDEMNITY COMPANY, the corporation described in and which exe- lvted the above instrument; that he signed his name thereto by the above quoted authority; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal, and that it was so affixed by authority of his office under the by -laws of said corporation. Notary Public My commission expires April 1, 1988 CERTIFICATION I, J. Dennis Lane, Assistant Secretary (Surety) of THE TRAVELERS INDEMNITY COMPANY, certify that the foregoing power of attorney, and the above quoted Resolutions of the Board of Directors of November 1, 1985 have not been abridged or revoked and are now in full fora and effect. Signed and Sealed at Hartford, Connecticut, this 8th SEAL S -2242 (RACK) day of April 19 88 Assistant Secretary, Surety 11 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That 0 Page 8 Bond No. 402J471 -6 Premium: Included WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted April 11, 1988 has awarded to Nobest Incorporated hereinafter designated as the "Principal ", a contract for Miscellaneous Construction in Corona del Mar (Contract No. 2646) 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 Nobest Incorporated as Principal, and The Travelers Indemnity Comoany as Surety, are held firmly bound unto the City of Newport Beach, in the sum of One hundred twenty five thousand three hundred ninety nAygn and 1100's Dollars ($125.397.75 ), 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 a Payment Bond (Continued) 0 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 Principal and Surety above named, on the 8th day of April , 19 88 s or or a Seal) Name of Contractor Principal Authorized Signature and `-t Rssj -DE*.)� u7C thorize u a and TitTe " ay T elers Indemnity Company (Seal) Name of Surety P.O. Box 5700 ddress of Surety ignatu—Mind liftle of Authorized gent , Douglas r Rapp, Attorney -in -Fact ress of Agent e ep one No. of Agent a STATE OF CALIFORNIA SS: COUNTY OF LOS ANGELES On April 8, 1988 , before me, the undersigned, a Notary Public of said county and state, personally appeared Douglas A. Rapp , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the attorney -in -fact and acknowledged to me that he (she) subscribed the name on behalf of the corporation therein named as surety and his (her) own name as dell rnnv —in —fa r�. ♦ ♦N � MN-. • .• .'�M MOH Witness my a .12fflvLallslseal.2 Lisa L. Hollembaekii SEAL O iy :� NOTARY PUBLIC CAI IIORN:A Z ` ' PRINCIPAL Of110E IN LOS A MW COMMMV R Eagles Mar 3. 1988 ♦a1�I1��a1�1N .N ar��N STATE OF CALIFORNIA ss. COUNTY OF 0 RAN CE On Ibis 11th day of APRIL , In the year 19—, before me, The undersigned, a Notary Public In and for said Stale, personally appeared ROBERT L. NODLA,TND and _ ROBERT NODLAND II personally known to me (or proved to me on the basis of satislactory evidence) to be the persons who executed the within Instrument as President and Secretary, respectively. of The Corporation therein named, and acknowledged to me that the Corporation executed 11 pursuant to Its by or a resolU- lion of its board of directors. WITNESS my hand and ollicial seal., j 0 Notary In and'for said State. OFFICIAL SEAL KAY E A0DERSON `��.4m C .�^ NOTARY PUBLIC'- CALIFORNIA 1J ».$gym OitANGE C0(1NTY My comm. expir9S SEP 27, 1991 r ; �f%Mewl —14W a SK. —"teee Fenn 222CA —i . 512 ;CC", waeorrs. ore and _ ROBERT NODLAND II personally known to me (or proved to me on the basis of satislactory evidence) to be the persons who executed the within Instrument as President and Secretary, respectively. of The Corporation therein named, and acknowledged to me that the Corporation executed 11 pursuant to Its by or a resolU- lion of its board of directors. WITNESS my hand and ollicial seal., j 0 Notary In and'for said State. The Travelers Indemnity Company Hartford, Connecticut If necessary, validation of this power of attorney is available at (203) 277 -7839. Collect calls will be accepted. POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: Thai 'I'HE TRAVELERS INDEMNITY COMPANY, a corporation of the State of Connecticut, does hereby make, constitute and appoint Douglas A. Rapp of Rosemead, California — its true and lawful Attorney(s) -in -Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof, as follows: Arly and all bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof — and to bind THE TRAVELERS INDEMNITY COMPANY thereby, and all of the acts of said Attorney(s) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following Resolutions adopted by the Board of Directors of THE TRAVELERS INDEMNITY COMPANY at a meeting duly called and held on the 1st day of November, 1985 which Resolutions are now in full force and effect: Rn'En: That the Chairman of the Board, the President, any Executive Vin President, any Senior Vitt President, m Vice President, any Second Via President, the Corporate Secretary or any Department Secretary may appoint attorneys -in -face or agents with power and authority, as defined or limited in their respective powers of attorney, for and on behalf of the Company to execute and deliver, and affix the seal of the Company thereto, bonds, undertakings, recognizances, consents of surety or other written obligations in the nature thereof and any of said o(5ces, may menme any such attorney -in -fact or agent and revoke the power and authority given to him. t Vol'Fac That any bond, undertaking, recognizance, consent of surety or written obligation in the nature thereof shall be valid and binding upon the Company when signed by the Chairman of the Board, the President, any Executive Vitt President, any Senior Vice President, any Vice President or any Second Vitt President and duly attested and sealed, if a seal is required, by the Corporate Secretary or any Department Secretary or any Assistant Corporate Secretary or any Assistant Department Secretary, or shall be valid and binding upon the Company when duly executed and sealed, if a seal is required, by a duly authorized attorney -in -fact or agent, pursuant to and within the limits of the authority granted by his or her power of attorney. This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of THE TRAVELERS INDEMNITY COMPANY at a meeting duly called and held on the 1st day of November, 1985: VOTED: That the signature of any officer authorized by Resolutions of this Board and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature thereof; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. This power of attorney revokes any and all powers of attorney dated prior to NoveTber 1, 1985 — IN WITNESS WHEREOF, THE TRAVELERS INDEMNITY COMPANY has caused these presents to be s�ned by its proper officer and its corporate seal to be hereunto affixed this let day of November 19 . THE TRAVELERS INDEMNITY COMPANY By f [ A L ; *� Secretary, Surety State of Connecticut, County of�rtford —ss: On this '.St– day of ember in the year 1985 be me personally came D. '., Banta to me known. who, being by me duly sworn, did depose and say: that he resides in the State of Connecticut; t r, t h.-I o Secretary (Surety) of THE TRAVELERS INDEMNITY COMPANY, the corporation described in and which exe- •vted the above instrument; that he signed his name thereto by the above quoted authority; that he knows the seat of said corporation; that the seal affixed to said instrument is such corporate seal, and that it was so affixed by authority of his office under the by -laws of said corporation. Notary Public My commission expires April 1, 1988 CERTIFICATION I, J. Dennis Lane, Assistant Secretary (Surety) of THE TRAVELERS INDEMNITY COMPANY, certify that the foregoing power of attorney, and the above quoted Resolutions of the Board of Directors of November 1, 1985 have not been abridged or revoked and are now in full force and effect. Signed and Sealed at Hartford, Connecticut, this SEAL • S -2242 (RACK) 8th day of April 19 88 Z–.- 9. W..; Assistant Secretary, Surety • • Page 10 Bond No. 402J471 -6 Premium: $1,754.00 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted April 11, 1988 has awarded to Nobest Incorporated hereinafter designated as the "Principal ", a contract for Miscellaneous Construction in Corona Del Mar (Contract No. 2646) in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, Nobest Incorporated as Principal, and The Travelers Indelfinity Company as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of One hundred twenty five thousand Three hundred ninety Dollars ($ 125,397.75 ), seven dollars and 75/100's 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 a • • 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 8th day of April , 1988 Nobest Incorporate (Seal) Name of Contractor Principal) AOZ Authorized Signatulle an Authorized Signatu a and Title y j The Travelers Indemnity Company (Seal) Name of Surety P.O. Box 5700 Brea Ca. 92622 -5700 ddress of Surety i By: At& 0.40 SignatureCAnd Title of Authorized Agent Douglas A. Rapp, Attorney -in -Fact P.O. Box 647 Rosemead Ca. 91770 AdcTress of Agent (818) 571 -6560 Telephone No. of Agent - STATE OF CALIFORNIA II COUNTY OF Orange OFFICIAL SEAL KAY E ANDERSON NOTARY PU SLIC - CALIFORNIA a.. ORANGE COUNTY My comm. expires SEP 27, 1991 NCNNOWLf OGMENII— C".—Atl. 6 See. —WI tWS fMT 27201 -9ex 1.1! '•'IqV WOLCOri S. INC On this 1 I th day of ` APRIL ____, In the year f9 88 before me, the undersigned, a Notary Public in and for said Slate, personally appeared ROBERT L NODL_AND and _ ROBERT NODLAND II --.personally known tome (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary, respectively, of the Corporation therein named, and acknowledged to me that the Corporation executed II pursuant to Its bylaws or a resolu- tion of Its board of directors. WITNESS my hand and ollicial In and lot said Stale. 4 STATE OF CALIFORNIA as: COUNTY OF LOS ANGELES On April 8, 1988 , before me, the undersigned, a Notary Public of said county and state, personally appeared Douglas A. Rapp personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the attorney -in -fact and acknowledged to me that he (she) subscribed the name on behalf of the corporation therein named as surety and his (her) own name as att� ----- witness my off�atailmseal.i u; Lisa L. Hollembaekl SEAL D L• NOTARY PUBLIC CAI UORN:A j PRINCIPAL On ICE ON LOS ANGELES COUNTY MY Com ass Eapin May 3.19N City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NAME AND ADDRESS OF INSURED CERTIFICATE OF INSURANCE IN AFFORDING CO Pege 12 Company A Letter Aetna Casualty &_Surety company B Letter Company C Letter Company D Letter Company E Letter This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time, including attached endorsement(s). COMPANY LETTER TYPES OF INSURANCE COVERAGE REQUIRED Policy No. Policy Exp. Date LIMITS LI BILITY IN THOUS NDS 000 Each g. ro Complet Occurrence 0 erati A GENERAL LIABILITY - x Comprehensive Form x Premises - Operations x Explosion & Collapse Hazard B6CO064 841CCA 8/3/88 Bodily Injury Property Damage $ $ $ $ X Underground Hazard x Products /Completed Operations Bodily Injury Hazard and Property x Contractual Insurance x Broad Form Property Damage Damage Combined $1,000 $1,00( x Independent Contractors X Personal Injury Marine Aviation Personal Injury $ 1,00( AUTOMOTIVE LIABILITY ell A Comprehensive Form ❑x Owned 6FJ804 21CCA 8/3/88 Bodily Injury (Each Person $ $ / Bodily Injury Each Occurrence Hired ro ert ama e x Non -owned ❑ Bodily njury and Property Damage Combined $1,000 EXCESS LIABILITY A [ Umbrella Form ❑ Other than Umbrella Form 16XS504 74WCA 8/3/88 Bodily Injury and Property Damage Combined $1,000 $1,000 WORKERS' COMPENSATION Statutor ac and EMPLOYER'S LIABILITY Acciden 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: Coroon & Black Insurance Services Dougtii 4C hari?slAtV&ent Date: S� % � Telephone: (818)571 -6560 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: Miscellaneous Construction in Corona del Mar Pro.iect Tit a and Contr r 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. a • 0 Page 13 CITY OF NEWPORT BEACH AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to .uch 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 (XA Single Limit Bodily Injury Liability and Property Damage Liability Combined each occurrence each occurrence $ l,nnn,nnn 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. 5. Designated Contract: ea This endorsement is effective 4/8/88 at 12:01 A.M. and forms a part of Policy No. 86FJ804021r -CA Named Insured Nobest Incorporated Endorsement No. 1 Name of Insurance Company Aetna Casualty & By0��� �� Surety Co. — Authorized Representative 0 . Page 14 CITY Of NEWPORT BEACH COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT it is agreed that: 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 $ 11000,000 each occurrence and Property Damage Liability Combined The applicable limit of the Insurance Company's liability for the insurance afforded for contractual liability shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insureds. The limits of liability as stated in this endorsement shall not increase the total Iiability 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: Miscellaneous Construction in Corona del Mar (Contract No. 2646 Project Title and Contract No. This endorsement is effective 4/g/gg at 12:01 A.M. and forms a part of Policy No. g6rnn64g41rrA Named Insured * *nhF-gt Tnrnrpnrats-d Endorsement No.i Name of Insurance Company Page'15 CONTRACT THIS AGREEMENT, entered into this tay of �% 19 � A� , by and between the CITY OF NEWPORT BEACH, hereinafter "Ci—ty,"Aand Nobest Incorporated , hereinafter "Contractor, "is made with reference to the following facts: (a) City has heretofore advertised for bids for the following described public work: Miscellaneous Construction in Corona del Mar 2646 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: Miscellaneous Construction in Corona del Mar 2646 Title of Project ontract No. which project is more fully described in the contract documents. Contractor shall perform and complete this work in a good and workmanlike manner, and in accordance with all of the contract documents. 2. As full compensation for the performance and completion of this work as prescribed above, City shall pay to Contractor the sum of One Hundred Twenty -five Thousand Three Hundred Ninety -Seven and 75 /100 Dollars ($ 25,39 .75 This compensation includes (l )—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) in • • Page 16 (f) Plans and Special Corona del Mar Title of Project (g) This Contract. Provisions for Contract No. 4. Contractor shall assume the defense of, and indemnify and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, except such loss or damage 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. APPROVED AS TO FORM: City Attorney Nobest Incorporated Name of Contractor (Principal) J& V2 Authorized Signat e a d T tle7R6- a >z9,i, Authorized Signaturefand title SFc i STATE OF CALIFORNIA , ss. COUNTY OF 0? r CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS MISCELLANEOUS CONSTRUCTION IN CORONA DEL MAR CONTRACT NO. 2646 I. SCOPE OF WORK The work to be done under this contract includes the construction/ reconstruction of P.C.C. sidewalk, driveway approaches, curb, curb and gutter, curb access ramp, stairway, and A.C. resurfacing, and per- forming other incidental items of work as necessary to complete the work. All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions, (2) the Plans (Drawings No. M- 5271 -S and No. M- 5212 -S), (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction (1985 Edition) and (4) the Standard Specifications for Public Works Construction (1985 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department for Five Dollars ($5). Copies of the Standard Specifications may be purchased at Building News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034. 11. TIME OF COMPLETION AND SCHEDULE OF WORK The Contractor's construction schedule submittal shall detail and satisfy the following requirements: A. All work under this contract shall be completed by July 1, 1988, or within sixty (60) consecutive calendar days after the start of work, whichever occurs first. B. The Contractor shall complete work on /in Corona del Mar State Beach parking lot, Pirate's Cove, and Ocean Boulevard by June 10, 1988. C. There shall be no work performed on Corona del Mar State Beach parking lot, Pirate's Cove, and Ocean Boulevard during weekends or holidays. The Contractor must employ sufficient men and equipment to meet this schedule. If it becomes apparent during the course of the work that the Contractor will not be able to meet this schedule, he will be pro- hibited from starting work at additional locations until he has exerted extra effort to meet his original schedule and he has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional men and equip- ment were required on the job. SPIof 7 r • • III. PAYMENT The unit or lump sum price bid for each item of work shown on the Proposal shall be considered as full compensation for all labor, equip- ment, materials, and all other things necessary to complete the work in place, and no additional allowance will be made therefor. Payment for incidental items of work not separately provided for in the proposal (e.g., excavation, removal, sawcutting, patchback, protecting property corners, root pruning, utility, etc.) shall be included in the unit prices bid for other items of work. In addition, the items of work for construction /reconstruction of PCC access ramps and driveway shall also include construction of curb and paving. 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. IV. CONSTRUCTION SURVEY STAKING Field staking for control of construction will be provided by the Engineer. Existing property corners and survey ties adjacent to removals shall be protected and maintained. In situations where property corners or survey ties interfere with the work, the Contractor shall notify the Engineer a minimum of two (2) working days prior to removal so that the Engineer can survey and reset property corners and survey ties. V. WATER If the Contractor elects to use City's 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 the City, the deposit will be returned to Contractor, less a quantity charge for water usage. VI. PUBLIC CONVENIENCE AND TRAFFIC CONTROL The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications except as modified herein, and with the standards contained in the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc. A. Traffic Control Plans The Contractor shall submit written traffic control plans to the Engineer and obtain his approval a minimum of five (5) working days prior to commencing any work. The plans shall incorporate the following: 1. The location and wording of all signs, barricades, delineators, lights, warning devices, temporary parking restrictions, and any other details required to assure that all traffic will be handled in a safe and efficient manner with a minimum of incon- venience to the motorists. SP 2 of 7 2. A complete and separate plan for each phase of construction shown in the proposed construction schedule showing all items listed under 1. under Section VI A. and the restrictions of Section II, TIME OF COMPLETION AND SCHEDULE OF WORK. B. "NO PARKING, TOW- AWAY" Signs Where any restrictions mentioned necessitate temporary prohibition of parking during construction, the Contractor shall furnish, install, and maintain in place "NO PARKING, TOW- AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty (40) hours in advance of the need for enforcement. In addi- tion, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division, at (714) 644 -3740, for verification of posting at least 40 hours in advance of the need of enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12 inches wide and 18 inches high; and (3) be similar in design and color to sign number R -38 of the CalTrans Uniform Sign Chart. The Contractor shall print the hours, days and date of closure in 2- inch -high letters and numbers. A sample of the completed sign shall be approved by the Engineer prior to posting. C. Notification to Residents Between 48 and 55 hours before closing a section of street or alley or restricting vehicular access to garages or parking spaces, the Contractor shall distribute to each affected address a written notice stating when construction operations will start and approxi- mately when vehicular accessibility will be restored. The written notices will be prepared by the Engineer. The Contractor shall insert the applicable dates and time at the time he distributes the notices. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor renoti- fication using an explanatory letter furnished by the Engineer. D. Notifications to City The Contractor shall coordinate the work in Corona del Mar State Beach parking lot and Pirate's Cove with the City's Marine Safety Lieutenant - Parking Lot supervisor, Ray Garver, at (714) 644 -3044. In addition, the removal /construction of the planter in Corona del Mar State Beach parking lot and sidewalk along Ocean Boulevard shall be coordinated with the City's work. It shall be the Contractor's respon- sibility to make arrangements by contacting the City's Parks, Beaches and Recreation Superintendent, Jack Brooks, at (714) 644 -3151. Root Barrier - -In areas of tree root damaged concrete improvements, the Contractor shall cooperate with the City's Parks, Beaches, and SP3of 7 A f Recreation Department for placement of root barriers per CBN Std.- 118 -L. Root barriers will be provided and installed by the City with a minimum of two (2) working days notification. The Contractor responsible for removal of tree roots which interfere with the work. If the Contractor elects to request City's forces to root prune free charge, it shall be his responsibility to make arrangements by con- tacting the City's Parks, Beaches and Recreation Superintendent, Jack Brooks, at (714) 644 -3151, a minimum of one (1) day prior to work. VII. CONSTRUCTION DETAILS A. Removals. Clearina and Grubbi Existing PCC or AC improvements shall be sawcut as necessary a minimum two (2) inches deep prior to removal. Final removal at the sawcut lines such as hard -blow pavement breakers and stom- pers, shall be approved by the Engineer. Pavement, unsalvageable material, and concrete that is removed shall become the property of the Contractor and shall be disposed of at the Contractor's expense in a manner and at a location acceptable to cognizant agencies. All costs for pro- viding removal and disposal shall be included in the unit price bid for the related item of work. 2. Parkway Improvements - -The Contractor shall be responsible for the protection of public and private improvements adjacent to the work. Removal of existing homeowner improvements that conflict or do not conform with the proposed PCC improvements shall be placed on the owner's property. Homeowners shall be given the option to have the materials salvaged. 3. Corona del Mar State Beach Parking Lot a. Removal of existing landscaped island, including the P.C.C. curb, interfering portions of the sprinkler system, and all plantings and native material (except for palm trees to be removed and relocated by others) within the islands down to the subgrade (12 inches deep). b. Removal of the existing A.C. pavement, base, and native material within the new island, down to the subgrade of the top soil (which will be supplied and placed by others). Ocean Boulevard Sidewalk Construction is of a. The Contractor shall remove interfering portions of curb, sidewalk and portions of private driveways as necessary to construct new curb, sidewalk,and driveway approaches. The Contractor shall then allow approximately two weeks for grading and construction of slope protection by others. The Contractor shall promptly construct the improvements specified on the plans. SP 4 of 7 • 0 The intent of this special provision is to cause work to be completed as rapidly as practicable subsequent to removals by the Contractor. The work, including removals by Contractor, may be performed in stages as Contractor and Engineer mutually agree as appropriate. b. The Contractor shall provide all pedestrian control signs and barricades needed for safe passage through and around the construction. The Engineer shall maintain such signs and barricades during that period of time when grading and construction of slope protection is being performed by others. c. Sidewalks shall be constructed with 2% cross fall toward the adjacent curb. Walkways, landings and bench pads shall be constructed with 2% crossfall toward the ocean bluff. 5. Pirates Cove Stairway Construction The contractor shall construct the new stairway as specified herein or submit an alternative method, including detailed drawings, writ- ten procedures and substantiating calculations for the Engineer's review in accordance with Section 2 -5.3 of the Standard Specifications. a. The Contractor shall clean the Pirate's Cove stairway to sound concrete. The undermined portion of the existing stairway shall be shored to support the wet weight of the new stairway construction. A bond breaker shall be placed on surfaces of the shored stairway to prevent bond to the new stairway. b. The Contractor shall demolish and remove the shored portion of the existing stairway in a manner approved by the Engineer. Such work shall be done at least 28 days, but not more than 60 days subsequent to placement of the new stairway. B. Asphalt Concrete The work shall be done in accordance with Sections 302 -5 and 400 -4 of the Standard Specifications, except as modified and supplemented below: 1. The surface shall be free of all dirt, debris, water, and vegeta- tion prior to overlay. 2. The Contractor shall appply tack coat to all A.C. work. 3. The asphalt concrete shall be Type III -C3 -AR -4000 with approxi- mately 5.8 percent paving asphalt. The Contractor shall feather a minimum of five (5) feet when joining existing pavement. Prior to placing the finish course, a tack coat of Type SS -lh 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 place. The surface shall be free of all loose material or dust when the tack coat is applied. SP 5 of 7 Patchbacks (a minimum of 6" wide) -- Asphalt surface improvements adjacent to any new construction shall be removed and reconstructed by the Contractor with the same type materials to an equivalent structural section as the existing asphalt improvements. Compensation for patchback shall be included in the respective bid items. C. Portland Cement Concrete 1. Non - reinforced Concrete Improvements Exposed surfaces of such grade, dimension, color, ments. Concrete improves 520 -C -2500 transit mixed tures as approved by the complete work within the concrete construction shall conform in and finish to adjoining P.C.C. improve - nents shall be constructed with Class concrete with additional cement and admix - Engineer to enable the Contractor to time constraints listed above. The items of work for reconstruction of driveway approaches and curb access ramps shall also include curbs, asphalt or concrete pavement patch backs, sawcutting and removals, grading, etc. 2. Pirate's Cove Stairway Concrete shall be transit mixed, Class 560 -C -3250 with Type V cement, water: cement ratio less than 0.5, and additives. Pump admixtures maybe permitted with prior approval by the Engineer. The structural strength shall be 4,000 PSI min. in 28 days. D. Utility Adjustments The Contractor shall adjust to finished grade all sewer manholes, sewer cleanouts, water valve covers, storm drain manholes, water meter boxes, and irrigation boxes. Utility adjustments shall conform to City of Newport Beach Standard Drawings Nos. Std.- 111 -L, Std. -116 -L and Std.- 511 -L. All water valves, sewer cleanouts, and manhole frames and covers damaged or damaged during adjustment operations shall be replaced by the Contractor at his expense. E. Metal Railings All railings shall be hard anodizing aluminum schedule 40 -IPS or approved equal conforming to the following: 1. 1P Dia. Standard pipe handrail with 15" reinforcing sleeves at midposts and full height reinforcing sleeves at ends. 2. All components aluminum 6063 -T6 or 6061 -T6. 3. Posts @ 4P O.C. maximum set into 4" dia. blockouts. Posts grouted with Quik -Roc or Por -Rok. 4. Clear anodized Architectural Class I -A41 coating (0.7 mils minimum) SP6of 7 Ll 0 Striping, Pavement Marking, and Fire Hydrant Markers �j This item of work shall be done in accordance with Section 210 -1.6 "Paint for Traffic Striping, Pavement Marking and Curb Markings," of the Standard Specifications, except as supplemented or modified below: Paint for Corona del Mar State Beach parking lot striping and pave- ment markings will be green water base furnished by the City. It shall be the Contractor's responsibility to make arrangements by contacting the City's Traffic Painter Supervisor, Fred Martinez, at (714) 644 -3067, one week prior to striping. Delete paragraph 1 of Subsection 310 -5.6.7 "Layout, Alignment, and Spotting" of Standard Specifications for Public Works Construction and The Contractor shall establish control points and perform all layout, alignment and spotting. The Contractor shall be respon- sible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 112 inch in 40 feet from the alignment shown in the plans. The Contractor shall mark or otherwise delineate the new pavement markings within 24 hours after the removal /covering of the existing striping and markings. Striping and pavement markings shall be applied to two coats. The first coat of paint shall be dry before application of the second coat. All labor and materials related to striping, pavement markings, and raised pavement markers for removal, painting, and repainting as shown on the plan shall be included in the "Lump Sum" bid. All raised pave- ment markers shall be removed prior to overlay. All labor and materials related to fire hydrant markers for removal and replacement as shown in CNB Std. -902 -L shall be included in the unit price bid. SP 7 of 7 s. f F Ll 0 Striping, Pavement Marking, and Fire Hydrant Markers �j This item of work shall be done in accordance with Section 210 -1.6 "Paint for Traffic Striping, Pavement Marking and Curb Markings," of the Standard Specifications, except as supplemented or modified below: Paint for Corona del Mar State Beach parking lot striping and pave- ment markings will be green water base furnished by the City. It shall be the Contractor's responsibility to make arrangements by contacting the City's Traffic Painter Supervisor, Fred Martinez, at (714) 644 -3067, one week prior to striping. Delete paragraph 1 of Subsection 310 -5.6.7 "Layout, Alignment, and Spotting" of Standard Specifications for Public Works Construction and The Contractor shall establish control points and perform all layout, alignment and spotting. The Contractor shall be respon- sible for the completeness and accuracy of all layout alignment and spotting. Traffic striping shall not vary more than 112 inch in 40 feet from the alignment shown in the plans. The Contractor shall mark or otherwise delineate the new pavement markings within 24 hours after the removal /covering of the existing striping and markings. Striping and pavement markings shall be applied to two coats. The first coat of paint shall be dry before application of the second coat. All labor and materials related to striping, pavement markings, and raised pavement markers for removal, painting, and repainting as shown on the plan shall be included in the "Lump Sum" bid. All raised pave- ment markers shall be removed prior to overlay. All labor and materials related to fire hydrant markers for removal and replacement as shown in CNB Std. -902 -L shall be included in the unit price bid. SP 7 of 7 s.