Loading...
HomeMy WebLinkAboutC-2694 - Construct Boundary Wall at Corporation YardCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 September 26, 1988 (714) 644 -3005 Britton Construction Company 420 N. Marine Avenue Wilmington, CA 90744 Subject: Surety: The Ohio Casualty Insurance Company Bonds No.: 2- 689 -336' Contract No.: C -2694 Project: Construct Boundary Wall at Corporation Yard 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 August 29, 1988, Reference I Sincerely, Wanda E. Raggi� City Clerk by the Orange County Recorder on No. 88- 430442. WER:pm cc: Public Works Department 3300 Newport Boulevard, Newport Beach RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City C1erkA/ ?Rte` ' City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NO CONSIDERATION Own RECORDING REQUEST PER GOVERNMENT CODE 6103 EXC 2PT NOTICE OF COMPLETION PUBLIC WORKS 88- 430442 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA 0,345 PM AUG 29'88 C>'�4-a �. "1 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 Construct Boundary Wall at Corporation Yard on which. Britton Con was the contractor. and was the surety, was cor ction Company, 420 N. Marin The Ohio Casualty Insurance CIT F NEW BEACH r / Public Works Director . , VERIFICATION -�< I, the undersigned, say: C�`l 1 I am the Public Works Director of the City of Newport Beach; %coWrV6 �D Notice of Completion is true of my own knowledge. I declare under penalty of perjury that the foregoing is true an Execu ted on August 24, 1988 at Newport Beach. California. Public W6rks 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 gy(�•�.. *f:�'41+JIR(i is ,, d.,:.....t ,. i. i._. .i VtlM .... r , ps) TO: CITY COUNCIL FROM: Public Works Department SUBJECT: BOUNDARY WALL AT THE CORPORATION YARD CONTRACT NO. 2694 RECOMMENDATIONS: August 22, 1988 CITY COUNCIL AGENDA ITEM N0. F -13 BY THE CITY COON' IL CITY OF NEVr'P01 BEACE AUG 2 2 1988 APPROVED 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 construction of a boundary wall at the Corporation Yard was substantially completed to the satisfaction of the Public. Works Department and the General Services Department. The project consisted of constructing 404 linear feet of reinforced concrete block retaining wall along the northerly boundary of the Corporation Yard. The location is shown on the attached sketch. City forces cleared the site and prepared the subgrade. The Contractor then built the foundation and wall. City forces will backfill and construct a drainage swale behind the wall; pave in front of the wall; and construct a chain link fence, either behind or on top of the wall. The bid price was: $47,440.90 The amount of unit price items constructed 47,153.72 The amount of change orders 0 The total contract price was $47,153.72 Design $ 2,800.00 Construction Construction contract $47,153.72 Chain link fence (Fence contractor) 2,500.00 Excavation and backfill (City) 5,000.00 Drainage structures (City) 2,500.00 Asphalt pavement (City) 1,000.00 Subtotal construction $58,153.72 Total project cost $60,963.72 C Subject: Boundary Wall at the Corporatin Yard (C -2694) August 22, 1988 Page 2 • The Contract was awarded to Britton Construction Company of Wilmington on July 11, 1987. The Contractor's portion of the work was completed on August 5, 1988. The project was financed by an appropriation from the General Fund in the 1987 -88 budget. The plans were prepared by Norris - Repke, Inc., of Tustin. Benjamin B. Nolan Public Works Director KP:so Attachment CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 (�,fr%fiG� �c �yj2Ra -�GE� T0: FINANCE DIRECTOR 7,atl -XX FROM: CITY CLERK DATE: July 26, 1988 SUBJECT: Contract No. C -2694 Description of Contract Construct Boundary Wall at Corporation Yard. Effective date of Contract July 26, 1988 Authorized by Minute Action, approved on July 11, 1988 Contract with Britton Construction Company Address 420 N. Marine Avenue Wilmington, CA 90744 Amount of Contract $47,440.90 6e 4e Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach 0 TO: (1) CITY ATTORNEY (2) MAYOR (3) CITY CLERK FROM: Public Works Department SUBJECT: CONSTRUCT BOUNDARY WALL AT CORPORATION YARD CONTRACT NO. 2694 1. 4 copies of Contract ACTION REQUESTED: 1. Attorney a. Approve as to form and sign. b. Forward to the Mayor. 2. Mayor a. Signature requested. b. Forward to the City Clerk. 0 July 21, 1988 3. City Clerk a. Attest b. Return to the Public Works Department to the Shauna Oyler. Shauna Oyler Public Works Department Attachments 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 29th day of June __ , 1988, at whicc tipsus such bids sWaaTT be opened and read for CONSTRUCT BOUNDARY WALL AT CORPORATION YARD ift e of Project u 2694 Contract No. $60,000.00 Engineer's Estimali a' \�� o Approved by the City Council this 23rd day of May , 1988. & " Z� Wanda E. Raggio / U City Clerk Rust,L � a ` ,UL 2 01968 � r \r CALIF, 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 Kenneth Perry at 644 -3311. Pro ect Manager CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONSTRUCT BOUNDARY WALL AT CORPORATON YARD CONTRACT NO. 2694 TABLE OF CONTENTS NOTICE INVITING BIDS TABLE OF CONTENTS BIDDING REQUIREMENTS Proposal Instructions to Bidders Designation of Subcontractors Bidder's Bond Non - Collusion Affadavit Technical Ability and Experience References CONTRACT FORMS Notice Payment Bond Faithful Performance Bond Certificate of Insurance and Endorsements Contract CONDITIONS OF THE CONTRACT Index Special Provisions ARCHITECTURAL SPECIFICATIONS The Specifications are printed on the Plans. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONSTRUCT BOUNDARY WALL AT THE CORPORATION YARD PROPOSAL 19TiT.W1.1 CONTRACT NO. 2694 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P. 0. Box 1768 Newport Beach, CA 92658 -8915 Gentlemen P 1.1 The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examine., the Plans (Drawing No. M- 5273 -5, consisting of 2 sheets), and the Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete this Contract No. 2694 in accordance with the Plans and Special Conditions, and will take in full payment therefor the following lump sum prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. 140 Construct reinforced concrete footing Linear for Wall 1 for the unit price of: Feet @ Thirty-Six ----------------------- Dollars and Sixty - One------------------- - - - - -- Cents $ 36.61 $5 125.40 Per Linear Foot 2. 264 Construct reinforced concrete footing Linear for Wall 2 for the unit price of: Feet @ Forty- Seven---------------- - - - - -- Dollars and Thirty- Three---------------- - - - - -- Cents $ 47.33 $12,495.12 Per Lineoot 3. 1323 Construct 8" thick reinforced concrete Face block wall for the unit price of: Feet @ Eight---------- ------- ---- - -- - --- -Dollars and Sixteen--------------------- - - - - -- -Cents $8.16 $10,795.68 Per Face Foot 4 A 1670 Construct 12" thick reinforced concrete Face block wall for the unit price of: Feet @ Ten---- ----- ---- --- -------- - --- -- Dollars and Forty-Ono Cents $10.41 P er Per Face oot 41 Furnish and install 24" long 3" diameter Each pipe sleeves in walls for the unit price of: P 1.2 $ 17,384.70 @ Forty----------------------- - - - - -- Dollars and No-------------------------- - - - - -- -Cents $40.00 $1.640.00 TOTAL PRICE WRITTEN IN WORDS (Items 1 through 5 inclusive) Forty -Seven Thousand Four Hundred - Forty------- - - - - -- Dollars and Ninety---------------------------------------- - - - - -- -Cents $ 47,440.90 June 29, 1988 Britton Construction Company Date Bidder (213) 518 -3484 Bidder's Telephone Number r e 390784 A & C -29 1 420 N. Marine Avenue Wilmington, CA 90744 Contractor's License No. & Classi ication B diB der's -A -dress • 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. 390784 A & C -29 Contr's Lic. No. & Classification June 29, 1988 Date Page 2 s /W. Britton /Britton Construction Co. Bidder s /W. Britton /President Authorized Signature/Title 0 DESIGNATION OF SUBCONTRACTOR(S) 1] 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. None 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Britton Construction Company Bidder s/W. Britton /President A— u 0 ed Signature Title FOR ORIGINAL SEE CIgCLERK'S FILE COPY. Page 4 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, Britton Construction Company as bidder, and Ohio Casualty Insurance Company and firmly bound unto the City of Newport Ten percent of the total amount bid lawful money of the United States for the be made, we bind ourselves, jointly and s THE CONDITION OF THE FOREGOING OBLIGATION , as Surety, are held Beach, California, in the sum of Dollars ($ 10% ), payment of which sum well and truly to 2verally, firmly by these presents. IS SUCH, That if the proposal of the above bounden bidder for the construction of Construct Boundar, 1 at le o ration Yard 2694 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 9R day of June 19 88. (Attach acknowledgement of Bid er Attorney -in -Fact) s /Linda D. Coats Notary Public c Commission Expires: 4/30/90 s /W. Britton /President Authorized Signature /Title Ohio Casualty Insurance Company Surety By s /Douglas A. Rapp Title Attorney in Fact 0 0 Page 5 NON- COLLUSION AFFIDAVIT The bidder, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths, say that neither they nor any of them have, in any way, directly or indirectly, entered into any arrange- ment or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever; or such affiant or affiants or either of them has not directly or indirectly, entered into.any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the bidder from con- sidering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be sug- gested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomso- ever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Subscribed and sworn to before me this 28th day of ,liinp , 1988. My commission expires: April 27, 1990 Britton Construction Company s /W.Britton /President Authorized Signature /Title s /Rose Ann Brown 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 Bidder uthorized Signature /Title Page 7 NOTICE . The following are contract documents which shall be completed and executed by the successful bidder after he receives a letter.of award from the City of Newport Beach: PAYMENT BOND (pages 8 & 9) FAITHFUL PERFORMANCE BOND (pages 10 & 11) CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 12, 13, 14) CONTRACT (pages 15 & 16) The City of Newport Beach will not permit a substitute format for these contract.documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid: BONDING COMPANIES shall be acceptable as sureties in accordance with the latest revision of Federal Register Circular 570. INSURANCE COMPANIES shall be (1) licensed to conduct business in California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VIII (or larger) in accordance with the latest edirion of Best's Key Ratin Guide:. Pro ert - Casualt Coverages shall be prove ed or a P 0 N URA 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. i KNOW ALL MEN BY THESE PRESENTS, That Page 8 PAYMENT BOND Bond.N6. 2- 689 -336 Premium: Included Executed In Quadruplicate WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted; July 11,:1988 has awarded to Britton Construction.Company hereinafter designated as the "Principal ", a contract for Construct Boundary Wall at Corporation Yard (C -2694) 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 Britton Construction Company as Principal, and The Ohio Casualty Insurance Company as Surety, are held firmly bound unto the City of Newport.Beach, in the sum of. Forty -seven thousand four hundred forty and 90/100's -7'- Dollars'($ 47,440.90 )� 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 Onemploy- ment Insurance Code with respect to. such work or labor, that the Surety or Sureties. .will pay for the same, in an amount not exceeding.the sum specified in the .bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be.fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. The bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon • Payment Bond (Continued) Page 9. this bond, as. required by the Provisions of Sections 3247 et.. seq. of the Civil Code of the State of California. And said Surety, for value received, hereby stipulates and agrees that.no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in 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 18th day of July 19 88 Britton Construction Company Name of Contractor Principal = 1 Authorized Signature and Title - Authorized Signature and Title J The Ohio Casualty Insurance C'oipany (Seal) Name of Surety 1333 Mayflower Avenue Monrovia, CA 91016 signature aA iitie or Aateorizea Agent Douglas A app, Attorney -in -Fact P.O. Box 64 Rosemead, CA 91770 Address of gent 818 -571 -6560 Telephone No. of Agent G 1 I I r v . sa O C ro s4 jIH111HailHpllle QQ �NmULLO� 4> Z- �Z4 c E. Ur :i 1111111H11111111111r zs o U m v 3 a 14 q G +4-1 0 10 0 O O O - a u ro ro E 04 0 >1 A Q) 4 0 0) +) u -4 4J 4 0 rd 41 r. w r. a 0 a) 0 3 0) -11 A N 0 A +) L4 0 ro +) 0) x 0 sa -�1 41 0 ate., aa) r-4 4 Uo ro o ro . ~ U romomro4 x U u •4 w U > to a) > -H a U w r Q) ro 0 0 41 �4 44 4J r o +o) ro � •.1 w U O ro 0) a to w A >4 q rn O ro C U '-1 +) O ro G +) U w a) -r1 0 F; +) ro ro •.i in A N ?4 4 U cn 1 +1 +U ) r-1 p, m m w ro w cn w 1 O W 0 0 4' ° ro -P ro o a a •rq U 10 w 0 3 0) r U) ro a v 41 3 a G. O i) rd 0 L o a " to to Q) F E O a C F4 X r H cn U o o ro ro 3 b- sa O C ro s4 jIH111HailHpllle QQ �NmULLO� 4> Z- �Z4 c E. Ur :i 1111111H11111111111r w 0 U M 2 L, ro 0 Z a b d M � b C 6 y m d ro Z � N � 0 0 a i7 6 w W R m N W Cop W m N W � u o a-�° M N 'T DW U o ° F F % 9 FO U O d F }f A O N a 0 0 0 w w ° m e a 0 u u N b 0 U >1 0 Id U Id M H m w i i J i J J i J i i i J r J 1 , 1 a .f 1 1 i L c E L L L C L C a i 4 t m � a C 'C f E 7 K S C J L a c i C O h +C L) ro 0 J 4 J 0 U J J L 1 W O l . w i rt i� i A 1 1 O 1 @ i ro .0 JJ 1 b A t � I U � A I y N i 1 I m u a F i � N ro 4 O W ro U w 0 U �2 w 1 C L d C 0 V ,J m a m N E .J 2 g a a SJ C •H Lie w e 0 0 _ N F ro b ; m C b ? W N C JJ N m 3 m 0 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS,.That Page 10 Bond No. 2- 689 -336 Premium: $683.00 Executed In Quadruplicate WHEREAS, the City. Council of the City of Newport Beach, State of California, by motion adopted July 11, 1988 has awarded to Britton Construction Company hereinafter designated as the "Principal", a contract for Construct Boundary 1Jall at Corporation Yard (C -2694) in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport.Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof-require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, Britton Construction Company as Principal, and The Ohio Casualty Insurance Company as Surety, are ,held and firmly bound unto the City of Newport Beach, in the sum of Forty -seven thousand four hundred forty and 90 /100'x- - - - - -- Dollars ($ 47,440.90 said sum being equal to 100% of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors, and assigns; for which.payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors, or assigns., shall in all things stand to and abide by, and well and truly keep and perform the covenants, con- ditions, and agreements in the said contract and any alteration thereof made as therein provided on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice I' rr 5 1 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 18th day of July 1988 Britton Construction Company seal - Name of Contractor Principal) ed Signature and Title Authorized Signature and Title The Ohio Casualty Insurance Company__ :(Seal) Name of Surety 1333 Mayflower Avenue Monrovia, CA 91016 Address of Surety Signature Title of Nthdrized.Agent Douglas "app, Attorney -in -Fact P.O. Box 647 Rosemead, CA 91770 Address of Agent 818 -571 -6560 Telephone No, of Agent J/ J \ 1 I 71 H 0 w H U �1 E F ' Ci U) W W a a� N a W F Z U ns 0 a) m 3 v 4 G JJ W O O O C a — W •.a a 4 O � x v o v + 4 -I 1) .0 o 4J a w G q O a) 0 3 v •11 A W O A +J 4 C m JI) Q) x 0 4 •l^I 04 � o o li � m U U � ru r q U CO N ro OC x O 4 •,q 4P 0 >, z) a) > •q O. a) w C a) ro o 0 4 N - >r 11 11 4 W -W 4 0 �q m •,f W U C O M v a ro W A 4 fd •.a Z U +J O � N w 4 r- 4J LW (D •,A 0 E a-) 61-1 a m W 4 ,C 0 .'i .0 u W W W ro O w ? A •� E O to O 9 O ro o z .11 4' r O �ro o 0) ro o E 3 b 4� T) G x � a) � ro D 0 a) 'O o w d ro ,1►. ra O W —4 ro U .� w w O ynnunmmunnu '6 = z z = C = Vz66tJ'z�j - °Q9!9 OQp _ � aO �a [2l :IOPIU11111�NIW1 H 3 a O+ P "'I N ^� a 4 v b y. C N a ro t 'i a+ °I O 0 v ca 6 v H O W A I N VD Iq OOD W rn M W ~ oz O C .7 T 7 U m w o 0 N w F a W- U O y ! -mew %, .•I .4 ro C 0 w M a LL v u ro N b C ro T u c O 0 U b �.t a a E O O K X ro C O m M a m E ro C M O x s C O a M w A a t u ro r u v 6 u° sl U b w C I v C 0 0 N u ro ro a E a C F M a W .H t b c ro u v M ro � N �4 W W 0 r C C ro '1 Z M� E a a c u .+ w 3 to b a a o A a w u o s a ro U A C O u 0 H u ro E c O C C a C w >. U ro C 4 C .� ,a a u v a ro u 'O U 4 V O ro a 2 7 w ,C w a 1 N 0 b C a O+ P "'I N ^� a 4 v b y. C N a ro t 'i a+ °I O 0 v ca 6 v H O W A I N VD Iq OOD W rn M W ~ oz O C .7 T 7 U m w o 0 N w F a W- U O y ! -mew %, .•I .4 ro C 0 w M a LL v u ro N b C ro T u c O 0 U b �.t a a E O O K X ro C O m M a m E ro C M O x s C O a M w A a t u ro r u v 6 u° sl U b w C I v C 0 0 N u ro ro a E a C F M a W .H t b c ro u v M ro � N �4 W W 0 r C C ro '1 Z M� E a a c u .+ w 3 to CENTMO COPY OP POWER OF ATTOOEY THE O=O CASUALTY INSURANCE COMPANY MGM arncK, SAMMTM OIYO No. 23 -533 Ibpy f A9 !ay b; That 'ME OHIO CASUALTY INSURANCE col1pANY. in peewee of authority panted by Ar" VSeSection 7 of the By -Lawn of mid Comgnt does hereby nominate, constitute and appoint, Richard K. Rosskopf or John Z. Schmidt or Richard C. Lloyd or Douglas A. Rapp or Linda D. Coats - - - - - - - of Pasadena, California - - - - its true and lawful agent and attorney -In -fact. to make, execute. goal and deliver for and an its behalf a mrsty, and as its act and deed any and aD BONDS, UNDERTAKWA and RECOGNRANCES. not exceeding in any single, irtaace SIX MILLION - - - - - - - - - - - - - - - - - - - - - - - - (s 6, 000, 000.00- DoD.n exeeeding. however, any hoad(s) or undett n aking(s) guaateeing the payment of notes and interest therwn And the •:scaiiea of such bonds or undertakings in punassaee of the" ream4 shall he a binding span mid Cempan as fully and amply. to all intent• and purposes, as if they had boon duly mocuted and acknowledged by the rvgufar� elected ofcere of the Company at its ofee in Hamilton. Ohio, in their own proper pore ms. The authority granted hereunder supenedee any previous authority heretofore granted the abev named atterney(s)- in-fatx. OEA In WITNESS WHEREOF, the undersigned, ofcer of the mid The Ohio Casualty Insurance Company has hereunto subacribed ame and afxed the Ce to Seal of the mid The Ohio Casualty Iasuranc• Cop y of J y 19 .... .. ...R..... STATE OF OHIO. ) Asst. Secre COUNTY OF BUTLER � on this 27th day of July A. D. 19 87 before the subscriber, a Notary Public of the State of Obi *, in and for the County of Butler, duly commissioned and qualified. "me Richard T. Hoffman, Asst. S�r1tarl, -- - Of THE OHIO CASUALTY INSURANCE COMPANY, to we personally known to be the individual a e car ascribed in, and who executed the preceding instrument, and be acknow. lodged execution of the same, and being by me duly sworn dcposeth and with, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument it the Corporate Seal of said Company, and the mid Corporate Seal and his signature as officer were duly affixed and subscribed to the mid instrument by the authority and direction of the said Corporation. pa,esm IN TESTIMONY WHEREOF, !lava hereunto not my band and affixed my Ofcial ,ttyW tqr Seal at the City of Hamilton. State of Ohio, the ay and year first above written. ,a " + Notary Public in and for n/y of er. Sbte eF 0 -f My Commission expi „ "December „25,1 lggl. This power of attorney is granted under and by authority of Article VI. Section 7 of the By -Laws of the Company, adopted by its directors an April 2. 1954, extracts from which read: "ARTICLE VP' "Section 7. Appointment of Attorsay -in -Fact, etc. The chairman of the board, the president, any vice•preaident, the secretary er any assistant secretary •hall be and is hereby vested with full power and authority to appoint attereeynin -fgct for the purpose of signing the name of the Company as surety to• and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recozoiraaces, stipulations. undertakings or other instruments of suretyship and policies of insurance to he given in favor of any individual. firm. corporation, or the official representative thereof• or to any county or state, or any official beard or boards of county or Nate, or the United States of America, or to any other political sub. division.- This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the Company on May 27, 1970: "RESOLVED that the signature of any officer of the Company authorized by Article VI Section 7 of the by -lows to appoint attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and mal. to be valid and binding upon the Company with the same force and effect as though manually affixed.” CERTIFICATE 1, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that the foregoing power of attorney. Article VI Section 7 of the bylaws of the Company and the above Resolution of its Board of Director are true and correct copies and ere in fun force and effect on this date. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this 18th any of JulyA.D.. 1988 e ERTIFICATE HOLDER City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NAME AND ADDRESS OF INSURED ERTIFICATE OF INSURANCE Page 12 Company A Letter Aetna Casualty & Surety Co. C C 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 OF LIABILITY IN THOUS DS 00, Each JAg.Pr0 Comple Occurrence 0 erat A GENERAL LIABILITY x Comprehensive Form x Premises - Operations x Explosion & Collapse Hazard 83CO 5246732 9/30/88 Bodily Injury y Property Damage $ $ $ $ x Underground Hazard x Products /Completed Operations Hazard Bodily Injury and Property x Contractual Insurance Damage Combined $1,000 $2,000 x Broad Form Property Damage x Independent Contractors X Personal Injury Marine Personal Injury $1,000 Aviation AUTOMOTIVE LIABILITY A ❑ Comprehensive Form Owned 83CO 5246732 9/30/88 Bodily Injury P odilyInjur $ $ y Each Occurrence ❑❑ x Hired ro ey a e my r a n� Property Damage ❑x Non -owned Combined $ 1,000 EXCESS LIABILITY ❑ Umbrella Form Bodily Injury ❑ Other than Umbrella Form and Property Damage Combined $ $ WORKERS' COMPENSATION Statuto and ac EMPLOYER'S LIABILITY Accider OTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. ANCELLATION: Should any of the above described policies be cancelled or coverage reduced before the expiration date thereof. the•Insurance Company affording coverage shall provide 30 days' advance notice to the City of Newport Beach by registered mail, attention: Public Works Department. y� ve date: 7118/88 Agency: �; - °&- 81eek Svcc Telephone: (818) 571 -6560 iescription of operations /locations /vehicles: All operations performed for the City of Newport ;each by or on behalf of the named insured in connection with the following designated contract: Construct Boundary Wall at Corporation Yard.(C -2694) IOTICE: This certificate or verification of insurance is not an insurance poiTcy-aw-d 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. ar NOTE THIS POLICY &RS ONLY NON -OWNED AND HIRED V CLES Page 13 CITY OF NEWPORT BEACH AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect.to such insurance as is afforded by the policy for Bodily Injury and Property Damage Liability, the City of Newport Beach, its officers and employees are additional insureds but only with respect to liability for damages arising out of the ownership,.maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below.. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated.by an additional insured. The insurance.afforded the additional named insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will be called.upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The limits of liability under this endorsement for the additional insureds named in paragraph 1 of this endorsement shall be the limits indicated below for either Multi- ple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability $ Property Damage Liability ( YA Single Limit Bodily Injury Liability and Property Damage Liability Combined each occurrence $ each occurrence $ 1,000 non 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: This endorsement is effective 7118/88 Policy No. 8300 5246732 . Named Insured Britton Construction Co. ect iitie t 12:01 A.M. and forms a part of No. 71888-A C oon & Black n ra ce Svcs Name of Insurance Company Aetna Casualty & Surety Co.gy_ Autho zed Represeiffative Douglas'H. Judson, President • • 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 hold harmless provision con- tained in the written contract, designated below, between the named insured and the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU "hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured named in paragraph I of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability $ each occurrence Property Damage Liability $ each occurrence (Y4 Single Limit Bodily Injury Liability $ 1,000,000 each occurrence and 2,000,000 Aggregate Property Damage Liability Combined The applicable limit of the Insurance Company's liability for the insurance afforded for contractual liability shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insureds.. The limits of liability as stated in this endorsement shall not increase the total liability of the Insurance Company for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to Comprehen- sive General Liability Insurance. 6. Should the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department 7. Designated Contract: Construct Boundar Wal -2694) (Project Tit a and Contract No. This endorsement is effective 7/18/88 at 12:01 A.M. and forms a part of Policy No. 83CO 5246732 Named Insured Britton Construction Co. Endorsement No.71auan Coon 5 Black Insuyagce Svcs Name of Insurance Company Aetna Casualty. s Surety ithorized Representative Douglas H. Judson, President • Page 15 CONTRACT THIS AGREEMENT, entered into t v[aay of 19 by and between the CITY OF NEWPORT BEAC_- reinafter " - an Britton Construction Company ?iireinafter "Contractor,' is mas e�h reference to the fol owing facts: (a) City has heretofore advertised for bids for the following described public work: Wall at Corporation Yard (C -2694) 2694 e f 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: Construct Boundary Wall at Corporation Yard (C -2694) 2694 Title of Project Contract No. which project is more fully described in the contract documents. Contractor shall perform and complete this work in a good and workmanlike manner, and in . accordance with all of the contract documents. 2. As full compensation for the performance and completion of this work as prescribed above, City shall pay to Contractor the sum of Forty seven thousand, four hundred forty and 90/100 ($ 47.440_gn 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) • Page 16 (f) Plans and Special Provisions for Construct-.,Boundary Wall at Corporation Yard #2694 Title of Project Contract No. (g) This .Contract. 4. Contractor shall assume the defense of, and indemnify and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, except such loss or damage proximately caused by the sole negligence of City or its officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. ATTEST: CIT By APPROVED AS TO FORM: aV Britton Construction Comoanv Name of Contractor (Principal) Authorized Signature and Title Authorized Signature and Title i 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONSTRUCT BOUNDARY WALL AT CORPORATION YARD CONTRACT NO. 2694 SPECIAL PROVISIONS INDEX SECTION PAGE I GENERAL CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . 1 II. ADMINISTRATION OF THE CONTRACT . . . . . . . . . . . . . . . . . . 1 III. LOCATION AND SCOPE OR WORK . . . . . . . . . . . . . . . . . . . . 1 IV. TIME. OF CONTRACT . . . . . . . . . . . . . . . . . . . . . . . . . 3 V. PERIOD OF FAITHFUL PERFORMANCE BOND . . . . . . . . . . . . . . . . 3 VI. LIABILITY INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . 3 A. General Liability . . . . . . . . . . . . . . . . . . . . . . . 3 B. Automobile Liability . . . . . . . . . . . . . . . . . . . . . 4 VII. GUARANTEES . . . . . . . . . . . . . . . . . . . .. . . . . . . . . 4 VIII. SAFETY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 IX. TEMPORARY FACILITIES . . . . . . . . . . . . . . . . . . . . 4 X. CLEANUP AND DISPOSAL . . . . . . . . . . . . . . . . . . . . . . . 5 A. During the Work. . . . . . . . . . 5 B. Final Cleanup. . . . . . . . . . . 5 C. Disposal . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 XI. _ PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 A. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 B. Monthly Progress Payments . . . . . . . . . . . . . . . . . . . 5 XII. MATERIALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 XIII. FIELD ENGINEERING . . . . . . . . . . . . . . . . . . . . . . . . . 6 XIV. INSPECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS CONSTRUCT BOUNDARY WALL CORPORATION CONTRACT NO. 2694 I. GENERAL CONDITIONS SPIof6 The parties to this contract are the City of Newport Beach and the Contractor. The Standard S ecifications of the City of Newport Beach shall govern contractua re ationships between the parties to this contract. II. ADMINISTRATION OF THE CONTRACT The Public Works Director of the City of Newport Beach shall administer this contract for the City. Any change order issued by the City must be in writing and signed by the Public Works Director. III. LOCATION AND SCOPE OF WORK A. The work to be done under this contract consists of constructing approximately 404 linear feet of reinforced concrete block masonry retaining wall, varying in height from 6 feet 8 inches to 8 feet, along the northerly boundary line of the City of Newport Beach Corporation Yard located at 592 Superior Avenue, Newport Beach, California. B. The work to be done by the contractor under this contract includes furnishing all labor, materials, vehicles, tools, machines, equip- ment, transportation and incidentals necessary to complete the contractor's portion of the work. C. Prior to start of work by the contractor, the City will: 1. Provide a temporary benchmark and a base line for the use of the Contractor. 2. Rough grade the site, removing earth to the approximate eleva- tion of the top of the footings, and sloping back onto adjacent property to daylight at a slope of 2 feet horizontal to 1 foot vertical. • SP 2 of 6 3. Compact the soil underneath the footings to 95% of relative compaction in the top 6 inches of soil, and 90% below the top 6 inches of soil. D. Items of work to be done by the contractor include: 1. Secure and pay for permits, fees and licenses. 2. Comply with all applicable codes, ordinances, rules, regula- tions, orders and other legal requirements of public authori- ties which bear on performance of the work. 3. .Excavate for foundations and deposit excess soil neatly in windrows on the pavement on City property adjacent to the retaining wall as designated by the City representative. 4. Construct reinforced concrete foundations and reinforced grouted concrete block retaining wall including inserts for future fence posts. 5. Clean up site and dispose of construction debris off site. E. Items of work to be done by City after the contractor has constructed the wall include: 1. Backfill behind the retaining wall. 2. Construct chain link fence. 3. Construct drainage facilities. 4. Pave between wall and existing pavement on City property. 5. Dispose of excess soil. F. The contract requires completion of all work in accordance with these Special Provisions, the plans, the City's Standard Specifications and Drawings for Public Works Construction, the City's Standard Specifications (Standard MAN for Public Works Construction, 1985 Ed iti.on and 9 and 9 Supp em —en ts , the specifications, and reference specifications. 1. Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, telephone (213) 870 -9871. Copies of the City's Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department for $5.00 per set. 0 0 SP 3 of 6 G. Included in the scope of the contract is payment of all fees and the securing of all permits normally charged by governing public agencies; payment of all connection charges normally charged by serving utilities; and furnishing all material., labor, and transportation necessary to complete the construction. 1. The following fees normally charged by the City of Newport Beach will be waived: . a. Building excise tax fees. b. Building and plan check fees normally charged for the amount of the General Fund, including plumbing, electrical, and mechanical permits. 2. All other fees normally charged by the City must be paid by the Contractor. 3. All contractors and subcontractors on the project must have a current City business license. IV. TINE OF CONTRACT The date of the contract is the date contract is awarded by the City Council. The contract shall be completed within 90 consecutive calendar days after award of the contract by the City Council. V. PERIOD OF FAITHFUL PERFORMANCE BOND The faithful performance bond for the contract shall remain in effect for the duration of the one (1) year guarantee period measured from the date of acceptance of the work by the City Council. VI. LIABILITY INSURANCE Upon execution of the contract, the Contractor shall provide cer- tificate of insurance showing that he has liability insurance coverage. At the same time, the Contractor shall provide the insurance endor- sements on the forms provided as part of the contract documents. The liability insurance coverage shall include each of the following types of insurance. A. General Liability 1. Comprehensive Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard SP 4 of 6 5. Products /Completed Operations Hazard 6. Contractual Insurance 7. Broad Form Property Damage. 8. Independent Contractors 9. Personal Injury B. Automobile Liability 1. Comprehensive Form 2. Owned 3. Hired 4. Non -owned VII. GUARANTEES Besides guarantees required elsewhere, the Contractor shall and hereby does guarantee all work for a period of one (1) year after the date of acceptance of the work by the City, and shall repair and replace any and all such work, together with any other work which may be displaced in so doing, that may prove defective in workmanship and /or materials within the one (1) -year period from date of acceptance, without any expense whatsoever to the City is hereby authorized to proceed to have the defects repaired and made good at the expense of the contractor, who hereby agrees to pay the cost and charges therefor immediately on demand. VIII. SAFETY In accordance with generally accepted construction practices, the Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during per- formance of the work, and the Contractor shall fully comply with all state, federal and other laws, rules, regulations, and orders relating to safety to the public and workers. IX. TEMPORARY FACILITIES A. The Contractor, his employees and his subcontractors may use existing restroom facilities that are available at the Corporation Yard. B. The Contractor may use water and electricity that is available at the site; however, the cost of any connections thereto shall be borne by the Contractor. The Contractor may not use the City telephones at the Corporation Yard; however, there is a pay telephone at the site near the Administration Building. X r CLEANUP AND DISPOSAL A. During the Work At all times during.the dirt, waste and rubbish to accumulate. B. Disposal to SP 5 of 6 project, the site shall be kept clean. All shall be removed frequently and not allowed Under no circumstances shall rubbish or waste material of any descrip- tion be disposed of on the site. All debris, rubbish, and water or surplus material shall be disposed of off the site. XI. PAYMENT A. General 1. The work to be done under this contract includes furnishing all labor, equipment, transportation, materials, and services necessary to complete the construction as shown on the plans and described in the Specifications. 2. The unit prices bid for constructing the footings, walls, and pipe inserts shall be considered as full compensation for all labor, equipment, materials, services, and all other things necessary to complete the work in place, and no additional allowance will be made therefor. 3. 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 listed in the Proposal. B. Monthly Progress Payments The City will make monthly progress payments for work completed per Section 9 of the Standard Specifications. For purposes of making progress payments, the City's estimates of the amount of work completed will be used. XII. MATERIALS A. Materials for the building shall be as specified in the specifica- tions. The specifications are printed on the plans. • SP6of6 XIII. FIELD ENGINEERING The Contractor shall lay out the work from a bench mark and a baseline to be established by the City. XIV. INSPECTION All work will be inspected. All items covered or all stages of work that are not to remain observable must be inspected . and approved before being covered up. The Contractor shall provide timely notice to the City when such inspection is needed. The architect will act as the agent of the City in inspecting the work. "I am aware of the provisions which require every employer for workers' compensation or dance with the provisions of provisions before commencing contract." of Section 3700 of the Labor Code to be insured against liability to undertake self- insurance in accor- that code, and I will comply with such the performance of the work of this Ddte,v 19f 19RR $1 9 7 Britton Construction Company Contractor July 11, 1988 CITY COUNCIL AGENDA ITEM NO. F -3(a) • TO: CITY COUNCIL BY THE CITY COUNCIL FROM: Public Works Department CITY OF NEWPORT BEACH SUBJECT: CONSTRUCT BOUNDARY WALL AT THE CORPORATION YARD JUL 1 1 1988 CONTRACT NO. 2694 — APP110 VED RECOMMENDATIONS: 1. Award Contract No. 2694 to Britton Construction, of Wilmington, in the amount of $47,440.90. 2. Authorize the Mayor and City Clerk to execute the Contract. DISCUSSION: At 11:00 A.M. on June 29, 1988, the City Clerk opened and read seven bids for the subject project: • 1. Britton Construction, Wilmington $47,440.90 2. The Patterson Co., La Habra 50,212.75 3. Millsco Construction, Whittier 51,700.00 4. Grandstrom Masonry, Torrance 56,133.00 5. Neff Contracting, Anaheim 58,600.00 6. William Murray, Riverside 61,530.75 7. Devcon Enterprises, Inc., Corona 71,262.00 The low bid was 79% of the Engineer's estimate of $60,000. The plans were prepared by Norris - Repke, Inc., of Tustin. The estimated date of completion is September 15, 1988. The low bidder has not previously worked for the City; however, he is properly licensed and a review of his references indicates that he is well qualified. The plans provide that City forces will prepare the site for the masonry contractor; will backfill after the wall has been built; and pave • adjacent to the wall. Additional chain link fencing will be constructed by a fence contractor. The purpose of the wall is to provide yard security; to serve as a retaining wall which will provide more storage space; and to partly screen the proposed rubbish transfer station from adjacent property to the north. The location is shown on the attached sketch. pg) • • C Subject: Construct Boundary Wall at the Corporation Yard (C -2694) July 11, 1988 Page 2 The 1988 -89 budget contains an appropriation of $81,850 from the General Fund in Account No. 02- 3197 -438 to construct the boundary wall. The project budget is a follows: Design (paid for from 1987 -88 appropriation) Construction Contract Other Chain link fence $2,500.00 Excavation and backfill 5,000.00 Drainage structures 2,500.00 Asphalt pavement 1,000.00 Testing and miscellaneous 2,000.00 Subtotal TOTAL $ 2,800.00 47,440.90 12,500.00 $64,740.90 A set of the plans will be on display in the Council's conference room. Benjamin B. Nolan Public Works Director KP:so Attachment z Ed • • (NDuSTZIAL WAY i'C'rY SOUNDA:LY Ell W4A 4k IJ FAOL. D BLG'. 4. T ATloW YAAZ FL tj UN UN CX 3 R- K • • • TO: CITY COUNCIL FROM: Public Works Department E May 23, 1988 CITY COUNCIL AGENDA ITEM NO. F -13 SUBJECT: CONSTRUCT BOUNDARY WALL AT THE CORPORATION YARD CONTRACT NO. 2694 RECOMMENDATION: 1. Approve the plans and specifications. BY THE CITY COUNCIL CITY OF NEWPORT BEACH •:: L is 7 ED 2. Authorize the City Clerk to advertise for hiii° ^---ad -` 11 .nn n M DISCUSSION: The 1987 -88 budget contains an appropriation of $33,000 to construct an eight- foot -high block wall along the north boundary of the Corporation Yard. The location is shown on the attached sketch. The purpose of the wall is to provide yard security; to serve as a retaining wall which will provide more storage space; and to partly screen the proposed rubbish transfer station from adjacent property to the north. The informal bid process was used to call for bids to construct the wall. Four local masonry contractors were invited to submit informal bids. One bid in the amount of $87,000 was submitted. The plans have been revised in order to reduce the total cost; however, it is apparent that the cost will exceed the $30,000 limit on informal contracts. The project budget is as follows: Design: Construction: Contract (footings and wall) $66,800 Testing and miscellaneous 2,000 Chain link fence (Not in contract) 2,500 Excavation and backfill (City forces) 5,000 Drainage Structures (City forces) 3,000 Asphalt pavement (City forces) 1,000 Subtotal (construction) Total project cost $2,300 $80,300 $82,600 ps) w � r 1 U • Subject: Construct Boundary Wall at the Corporation Yard (C -2694) Page 2 • The design fees have been paid. The anticipated construction costs are $80,300. There is approximately $81,847 remaining unspent in five separate accounts for improvements at the Corporation Yard which, if approved, could be used to pay for the wall as follows: Project Account No. Amount 1. Phase I and II Improvements 02- 3397 -119 $27,103 2. Construct warehouse 02- 0797 -386 5,564 3. Grading and paving 02- 0797 -437 16,559 4. Generator 02- 3197 -438 1,921 5. Boundary wall 02- 3197 -438 30,700 Subtotal $81,847 The plans were prepared by Norris - Repke, Inc., of Tustin. The esti- mated date of • completion is August 31, 1988. A set of the plans will be on display in the Council's conference room. 4 >�"�a�Gr+tiw ltL. Benjamin B. Nolan Public Works Director BBN:kp Attachment r � �J • 0 0 nQ W a N JNpt/8T2/GG Me Vol F L J 9Td l i I cl C. - — -- �� Ii j BLDG. a' rYL®ariNgeOr� I�00LOSr L /N�t i t WddNP K L-1 L -� - 7?UBB /SN _ I TPdM9f�Q " WdPE'HOUSE I - --") �19T4LL I I L _ I BLDG I u I F_ I ilk I to _ I � i 6HGr0 —� L -- -- - - ---- P5E4Y I AUTO I L_ L_ I I I I I CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C0AFA70.?G 7*10A1 YeoeO DRAWN W. `�• DATE APPROVED 0 NJ Q 3 �W 2 rBLOv. I PUBLIC WORKS DIRECTOR R.E. NO. see S&P &oioo .O r &. 3 DRAWING N0. Authorized to PubhSh Advertisements of all Its including public notices by Decree of the Superior Court of Orange County, California. Number A -6214, dated 29 September. 1961, and A- 24631. dated 11 June. 1963. STATE OF CALIFORNIA County of Orange Gus "t" AO~Wq oo.v�a py , �.' q f N I ZZ wm 10 X. C� o Ili I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the Orange Coast DAILY PILOT, with which is combined the NEWS - PRESS, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange. State of California, and that_ a Notice of Inviting Bids of which copy attached hereto is a true and complete copy, was printed and published in the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said newspaper for 1 +; me consecutive weeks to wit the issue(s) of May 27 , 198 —. 198_ 198_ 198_ 198_ I declare, under penalty of perjury, that the foregoing is true and correct. Executed on May 27 198 a at Cosh Mesa, Califcorn °✓ ) �- Signature 3� PROOF OF PUBLICATION • be Of until 11:oo a.m. i day of June, Ach time such 0 opened. and by the City 23rd day or RAf410, city amoere may n of bid docu- »t at the offka