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C-2710 - Construct Parking Lot at Community Youth Center
CITE' OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 February 17, 1989 Jerry Cross Paving 777 W. 19th St., Suite H Costa Mesa, CA 92627 Subject: Surety: Bonds No.: Contract No.: Project: (714) 644 -3005 CBIC Bonding and Insurance Company CA1018 C -2710 Construct Parking Youth Center Lot at Community The City Council of Newport Beach on January 23, 1989 accepted the work of subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. The Notice was recorded by the Orange County Recorder on January 27, 1989, Reference No. 89- 049281. Sincerely, i Wanda E. Raggio City Clerk WER:pm cc: Public Works Department 3300 Newport Boulevard, Newport Beach RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk/ yV/ I X- %"v. City of Ne Urt' Bea 3300 Newport Boulevard Newport Beach, CA 92663 NO CONSIDERATION INEMPT RECORDING REQUEST PER ,OVERNMENT CODE 6103 y EXEMPT NOTICF. OF COMPLETION PUBLIC WORKS a �89�Q492� I. RECORDED IN OFFICIAL RECORDS OF MANGE COUNTY, CALIFORNIA 3.00 P.M. JAN 2 7 1989 'I o All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on January 23, 1989 the Public Works project consisting of Construct Parking Lot at Community Youth _ Center (C -2710) on w ry Cross PavinR 777 W. 19th St. , Suite H Cosa Mesa Ca 92627 w c ont and CBIC Bonding and Insurance Company, 1850 E. 17th Street 11102, the�U rely, s completed. Santa Ana, CA 92701 Ishm- CIT OF NEWPORT B ACH ' JX4 Public orks Director , VERIFICATION I, the undersigned, say: I am the Public Works Director of the City of Newport Beach; the foregoing Notice of Completion is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on January 25, ,1989 at Newport Beach, California. Public Works Director VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Newport Beach; the City Council of said City on January 23, 1989 accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on January 25, 1989 at Newport Beach, California. �. ✓/�F5, rfiF -- _( ew- ft- • • TO: CITY COUNCIL C FROM: Public Works Department q January 23, 1989 CITY COUNCIL AGENDA uY 10i .jTY GOUNREM NO. F -11 CITY 1i 'NZ*PORT BEACI' JAN 2 3 1989 SUBJECT: ACCEPTANCE OF PARKING LOT IMPROVEMENTS AT THE COMMUNITY YOUTH CENTER CONTRACT NO. 2710 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 Community Youth Center parking lot has been completed to the satisfaction of the Public Works Department. The bid price was $21,768.35 Amount of unit price items constructed 21,286.15 Amount of change orders -0- Total Contract Cost $21,286.15 Funds for the project were budgeted in the Building Excise Tax Fund, Account No. 02- 7797 -334. The Contractor is Jerry Cross Paving of Costa Mesa. The contract date of completion was December 11, 1988 comp eted by that dattee Benjamin B. Nolan Public Works Director PD:so The work was TO • 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 6443005 FINANCE DIRECTOR /©-iz -J�� FROM: CITY CLERK DATE: October 12, 1988 SUBJECT: Contract No. C -2710 Description of Contract Construct Parking Lot at Community Youth Center Effective date of Contract October 6, 1988 Authorized by Minute Action, approved on September 12, 1988 Contract with Jerry Cross Paving Address 777 W. 1.9th St., Suite H Costa Mesa, CA 92627 Amount of Contract $21,768.35 "X� s 4�et Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach 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 - August , 1988, at whi time such bids sh�T be opened and read for w,. woo V YOUTH CENTER e 2710 Contract No. $40,000.00 Engineer's Estimate Approved by the City Council this 25th day of July , 1988. i Wanda E 10 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 Kenneth Perry at 644 -3311. Project Manager i , CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT �J CONSTRUCT PARKING LOT AT COMMUNITY YOUTH CENTER CONTRACT NO. 2710 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 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL CONSTRUCT PARKING LOT AT COMMUNITY YOUTH CENTER CONTRACT NO. 2710 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. 2679 in accor- dance 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: NO. AND UNIT UNIT PRICE WRITTEN IN WO 1. 400 l.f. Construct Type B p.c.c. curb per standard drawing 182 -L for the unit price of: Eleven -------------------- - - - - -- -Dollars and 15 /100----------- ---------- - - - - -- -Cents per linear foot 2. 8640 sq. ft. Construct pavement, 3" A.C. over 4" A.B., complete in place, including prime, tack and seal coats, for the unit price of: One------------------------ -- - - -- Dollars and 35 /100--------------------- -- - - -- -Cents per square foot $ 11.15 $4,460.00 $ 1.35 $11,664.00 0 0 P 1.2 3. 882 sq. ft. Construct 4" thick p.c.c. sidewalk, over 3" imported sand base for the unit price of: Three --------------------- - - = - -- Dollars and 30/ 100--------------- ------ - - - - -- -Cents $ 3.30 $ 2,910.00 per square foot 4. 140 linear ft. Construct 6" thick p.c.c. ribbon gutter, 3 feet wide, over 4" A.B. for the unit price of: Fifteen ----------------=--- - - - - -- Dollars and No /100--------------------- - - - - -- -Cents $ 15.00 $ 2,100.00 per linear foot 5. 8450 sq. ft. Slurry seal new A.C. pavement, for the unit price of: No--------------- ---------- ---- --Dollars and 7§ /100-------------------- - - - - -- -Cents $—.075 $ 633.75 per square foot TOTAL PRICE WRITTEN IN WORDS (Items 1 through 5 inclusive) Twenty -one thousand seven hundred -sixty eight- - - - - -- -Dollars and 35/ 100----------------------------------------- - - - - -- -Cents $ 21,768.35 August 29, 1988 Date (714) 548 -8116 Bidder's Telephone Number Jerry Cross Paving tsiaaer s /Fran Dolby /Vice Pre/ e 532352 Class A 777 W. 19th St., Suite H, Costa Mesa, CA 92627 Contractor's License No. & Classification Bid er's Ad ress 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. 532352 Class A Contr's LIc. No. & Classification August 29, 1988 Date Jerry Cro Paving Bi der s /Fr k Dolby, Vice Pre dent Authorized Signature /Title Page 2 • Page 3 DESIGNATION OF SUBCONTRACTORS) 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. Concrete Markel Cement Contracting rncta npg1 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Jerr Bidde "r s /Fran /Dolb'viVicP p c d Authorized Signature /Title 11 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, 0 Page 4 That we, On -Site Contractors Inc. dba Jerry Cross Paving as bidder, and CBIC Bonding Insurance Company asSurety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten Percent of amount bid not to exceed Five Thousand and No/ 100------------------------ - - - - -- Dollars lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of Construct Parkin Lot at Community Youth Center e 2710 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 18th day of August 19 88. On -Site Contractors, Inc. dba Jerry Cross P ving (Attach acknowledgement of Bid er Attorney -in -Fact) i,r,4 �4 R.L. Thiel Notary Public Commission Expires: July_2, 1990 s /Frank/Oolby /Vice Pres e CBIC Bonding and Insurance Company By Barbara Thiel 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 29th day of August 19 88 My commission expires: December 2, 1990 Jerry Cross Paving Bidder s /Fra Dolby /Vice Pr ent uthorized Signature /Title Wade C. Johnson 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. 88 Costa Mesa Air Nat'l Guard Sgt. Mutusic, 88 Anaheim Union High School Dist. Roy Jakovich Jerry Cross Paving Co. )Pd der s Frank olby /Vice P Authorized 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 edition of Best's Key Ratin Guide: Pro ert - Casualt . Coverages shall be prove or a 1 YP IN URANC 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. 1. °4 EXECUTED IN QUADRVICATE KNOW ALL MEN BY THESE PRESENTS, That BOND NO. CA1018 PREMIUM INCLUDED IN PAYMENT BOND PERFORMANCE BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted September 12, 1988 has awarded to Jerry Cross Paving hereinafter designated as the "Principal ", a contract for Construct Parking Lot at Community Youth Center (C -2710) Page 8 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 t_he 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 JERRY CROSS PAVING as Principal, and CBIC BONDING AND INSURANCE COMPANY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of TWENTY ONE THOUSAND SEVEN HUNDRED SIXTY EIGHT & 35/100 - Dollars ($ 21,768.35 ), 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 1 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 19TH day of SEPTEMBER , 19-.&—. JERRY CROSS PAVING (Seal) ime of Cont ctor Principal— „17 itur a iitie , VIZE PRESIDENT Authorized Signature and Title CBIC BONDING AND INSURANCE COMPANY (Seal) Name of Surety 1850 E. 17TH STREET #102, SANTA ANA, CA 92701 Address of Surety c1n� 1111 t Si BARBARA a'1'HIEL to 0 NEO IN -FACT gent 1850 E. 17TH STREET #102. SANTA ANA, CA -92701 dress of Agent 714 -834 -9339 Telephone No. of Agent 0 STATE OF CALIFORNIA ) ) ss: County of ORANGE ) On this 19TH day of SEPTEMBER R.L. THIEL 19 88 , before me a Notary Public, personally appeared BARBARA THIEL personally known to me (or proved to me on the basis of satisfactory evidence) to be the Attorney -in -Fact of the CBIC_Aguding and Insurance Company, and acknowledged to me that she subscribed the name of the CBIC Bonding and In sur ce Company thereto and her own name as Attorney -in -Fact. Notary Public MscNTBT02- CA090187 L040EI282 OFFICIAL SEAL P i_ THIEL h. C 1 d �'•tAs �: iti !' Cis Y 'Fy L'omm e spit y 2, 1.990 Notary Public MscNTBT02- CA090187 L040EI282 CBIC BONDING AND Umfted Seattle, WA 8(109 INSURANCE COMPANY Power of Attorney (206)6227053 KNOW ALL MEN BY THESE PRESENTS that CBIC BONDING AND INSURANCE COMPANY, a corporation duty organized and was" under the laws of the site of Washington. and having its principal office in Seattle. King County, Washington, does by these presents make, constitute and appoint BARBARA THIEL, of Santa Ana, California, its true and lawful alfaney-in•fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: (1) SBA guaranteed performance and payment bonds not exceeding the penal sum of $1,250,000; (2) bid bonds for jobs where, 9 the contract is awarded, the SBA guaranteed performance and/or payment bonds) will not exceed $1,250,000,,(3) all other bonds coded and classified by the Surety Association of America In its Hale Manual of Fidelity, Forgery and Surety Bonds (Including future amendment thereto) as Judicial, Contract (excluding bid bonds), Misceflaneaus, License and Permit, and federal not exceeding the penal sum of $1,000,000; (4) bid binds for jobs written pursuant to the authority in dam (3) above where, R the contract is awarded, the performance andlor payment bond(s) will net exceed $1,000,000; and (5) at other bonds not exceeding the penal sum of $400,000; provided, however, that BARBARA THIEL is granted power and authority to exceed the applicable penal limit previously set forth for any bad in an amount equal to the amount of any feller of credit, or similar security, received as collateral security by the Company as an Inducement to Issue the bad; and to bind to Company thereby as fully and to the same extent as If such bonds were signed by the Presided, sealed with the corporate seat of the Company and duly atested by its Secretary; hereby rallying and confirming all that the said atomeyimfad may do In the premises. Said appointment Is made under and by authority of the following resolutions adopted by the Board of Directors of the CBIC BONDING AND INSURANCE COMPANY on January 4, 1988: - • RESOLVED that the President is authorized to appoint as atomey -in -fad of the Company BARBARA THIEL with power and authority to sips an behalf of the Company. (1) SBA guaranteed performance and payment bonds not exceeding the penal sum of $1,250,000; (2) bid bands for jobs where, R the contract Is awarded, the SBA guaranteed performance and/or payment bonds) will no exceed $1,250,000; (3) all other bonds coded and classified by the Surety Association of America in its Rate Manual of Fidelity, Forgery and Surety Bonds (Including future amendments thereto) as Judicial, Contract (exchdMg bid bonds), Miscellaneous, License and Permit, and federal not exceeding the penal sum of $1.000.000; (4) bid bonds for jobs written pursuant to the authority in clause (3) above where, K the contract is awarded, the pedonmance ardlor payment bod(s) will not exceed S1,001t I)DO, and (5) all other bads not exceeding the penal sum of $400,000. RESOLVED FURTHER that BARBARA THIEL is grarded power and authority to exceed the applicable penal limit set font in the preceding resolution for any bond in an amount equal to the amount of any letter of credit, or similar security, received as collateral security by the Company as an Inducement to Issue the bond. RESOLVED FURTHER that the authority of the Secretary of the Company to certify the authenticity and effectiveness of the foregoing two resolutions In any Umlted Power of Attorney is hereby detsoated to the following parsers, the signature of any of the following to bind the Compaq with respect to the &&va tidy ant effective- ness of the foregoing resolutions as R signed by the Secretary of the Company: R. L. Thiel, Michael L. Johnson, Janet K. Laraine, Donald Sirfdn, and Steven A. Gaines. RESOLVED FURTHER that the signatures of the President, Notary Public and person cerllfyfng authenticity and eRediveness, and the corporate and Notary seats appearing on any Limited Power of Attorney containing this and the foregoing resolutions may be by facsimile. RESOLVED FURTHER that all resolutions adopted prior to today appointing the above named as affomeYN-fact for CBIC BONDING AND INSURANCE COMPANY are hereby superseded. IN WITNESS WHEREOF, CBIC BONDING AND INSURANCE COMPANY has caused these presents to be signed day of January, 1988. _ o�NG " "u•ryfGNhh4r oRPOR9�'!�'�� ca �•: O v ; S• r�� }' • 3 r, 1979 ?t. hh''`P/yJNGTON- s corporate seat to be hereto affixed this 4th CBIC BONDING AND INSURANCE Steven A. Gaines, President STATE OF WASHINGTON — COUNTY OF KING On this 4th day of January, 1988, personally appeared STEVEN A. GAINES, to me known to be the President of the c and acknowledged said United Power of Attorney to be the free and voluntary act and deed of said corpora t�We that he is authorized to execute the said Limbed Power of Atomey. S • APO•*- slory Fi IN ESS WHEREOF have her 1 h d my a I seal the day and year In ,qb%k w�Mi T4,P` �isNrdoG8L10 h 9l : / Q olary Public in and for the Slate of Washington, resit at Seattle F •••: 20, ��:• The undersigned, acting under authority of the Board of Directors of CBIC BONDING AND INSURANCE COMPAW% AM BONDING AND INSURANCE COMPANY, that the above and foregoing is a U. true and cored copy of the Original Power Maher �I suer of Attorney is still in force and effect. GIVEN under my h TA ANA, CA this 19TH day of P028T02.02dS010488 executed the foregoing Unified Power of Attorney hpurpose s Herein mentioned, and on oath stated ,uarOf'ies, in Lieu of Certificate of the Secretary of CBIC of Attorney Issued by said Company, and does hereby SEPTEMBER 19 88 EXECUTED IN QUADRUPLICATE Page 10 BOND NO. CA1018 PREMIUM: $435.00 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted September 12, 1988 has awarded to Jerry Cross Paving hereinafter designated as the "Principal ", a contract for Construct Parking Lot at Community Youth Center (C -2710) in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, _ JERRY CROSS PAVING as Principal, and . CBIC BONDING AND INSURANCE COMPANY as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of TWENTY ONE THOUSAND SEVEN HUNDRED SIXTY EIGHT & 35/100 - - Dollars ($ 21,768.35 )9 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 Y ' • • 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 19TH day of SEPTEMBER , 19 88 JERRY CROSS PAVING (Seal) e FRANIt DOLBY, VICE Authorized Signature and Title CBIC BONDING AND INSURANCE COMPANY (Seal) Name of Surety ✓ 1850 E. 17TH STREET #102 SANTA ANA CA 92701 ddress of Surety Signature and Title of Authorized Agent BARBARA THIEL, ATTORNEY -IN -FACT 1850 E. 17TH STREET #102, SANTA ANA, CA 92701 Address of Agent 714- 834 -9339 Telephone No. of Agent STATE OF CALIFORNIA ) ) ss: County of ORANGE ) On this 19TH day of SEPTEMBER 19-2 , before me R.L. THIEL , a Notary Public, personally appeared BARBARA THIEL personally known to me (or proved to me on the basis of satisfactory evidence) to be the Attorney -in -Fact of the CBIC Bonding and Insurance Company, and acknowledged to me that she subscribed the name of the CBIC Bo ng and ns ce Company thereto and her own name as Attorney -in -Fact. Notary Public MmNTBT.02- CA090187 UWOE1282 UNCIAL SEAL �� c�.•q 4 t y F.h i "O�ria �" r Vy Cnmmtssiaa Es,u es Hwy 2, ISM Notary Public MmNTBT.02- CA090187 UWOE1282 CBIC BONDING AND Limited 1213 Valley Street INSURANCE COMPANY Power of Attorney Sea(20s WA 98109 ) 22 053 KNOW ALL MEN BY THESE PRESENTS that CBIC BONDING AND INSURANCE COMPANY, a corporation duty organized and existing under the taws of me State of Washington, and having Its principal office in Seattle, King County, Washington, does by these presents make, constitute and appoint BARBARA THIEL of Santa Ana, California, its true and lawful ataneyindact, with tug power and authority hereby cordoned In is name, place and stead, to execute, acknowledge and deliver: (1) SBA guaranteed performance and payment binds not exceeding the penal sum of $1,250,000; (2) bid bonds for jobs where, t the contract is awarded, the SBA guaranteed performance ardor payment bond(s) VON not exceed $1,250,000; (3) all other bonds coded and classified by the Surely Association of America in is Rate Manual of Fideliy, Forgery and Surely Bonds (Including futus amendments t eretc) as Judicial, Conbaci ( excuding bid bonds), MisceNaneau, License and Permit, and Federal not exceeding the penal sum of 31.000,000, (4) bid bonds tow jobs written pha%M to the aultanty in clause (3) above where, If the contract is awarded, the performance andlor payment bond(s) will not exceed $1, 000, 000; and (5) all other bonds nol exceeding the penal sum of $400,000; provided, however, final BARBARA THIEL is granted power and aultmity, to exceed the applicable penal limit previously set font for any bond in an amount equal to the amount of any letter of credit, or similar security, received as collateral security by the Company as an Inducement to issue the bond; and to bind the Company thereby as fully and to the same extent as N such bonds were signed by the President, sealed with the corporate seal of the Company and duty attested by its Secretary; hereby ratifying and confirming all that the said aftomeyindact may do In the premises. Said appointment is made under and by authority of the following resolutions adopted by the Board of Directors of the CBIC BONDING AND INSURANCE COMPANY on January 4, 1988: RESOLVED that the President is authorized to appoint as atomeyindact of the Company BARBARA THIEL with power and au0adty to sign on behalf of the Company: (1) SBA guaranteed performance and payment bonds cal exceeding the penal sum of $1,250.000-,(4 bid bonds for jobs where, if the contract is awarded, to SBA guaranteed performance andfor payment bond(s) will not exceed $1,250,000; (3) all other bonds coded and classHied by the Seery Association of America in is Rate Manual of Fidelity, Forgery and Surety Bonds (including More amendments thereto) as Judicial, Contract (excluding bid bonds), Miscellaneous, License and Permit, and Federal not exceeding the penal sum of $1,000,000; (4) bid bonds for jobs written pursuant to the authority in clause (3) above where, t titre contract is awarded, the performance andfor payment bond(s) will not exceed $1,000,000; and (5) all other bonds not exceeding the penal sum of $400,000. RESOLVED FURTHER that BARBARA THIEL is granted power and authority to exceed the applicable penal limit set forth In the preceding resolution for arty bond in an amount equal to the amount of any letter of credit, or similar security, received as collateral security by the Company as an Inducement to Issue the bond. RESOLVED FURTHER that the authority of the Secretary of the Comparry to certiry the authenticity and effectiveness of the foregoing two resolutions in any Limited Power of Attorney is hereby delegated to the foil" parsons, the signature of any of the following to bind the Company with respect to the authenticity and effective- ness of the foregoing resolutions as i signed by the Secretary of the Company. R. L. Thiel, Michael L. Johnson, Janet K. Laraine, Donald Sirkln, and Steven A. Gaines. RESOLVED FURTHER that the signatures of the President, Notary Public and person certifying authenticity and effectiveness, and the corporate and Notary seals appearing on any Limited Power of Attorney containing this and the foregoing resolutions may be by facsimile. RESOLVED FURTHER that all resolutions adopted prior to today appointing the above named as atomeyIn-lact for CBIC BONDING AND INSURANCE COMPANY are hereby superseded. IN WITNESS WHEREOF, CBIC BONDING AND INSURANCE COMPANY has caused these presents to be signed by b Frft E11,* its corporate seal to be hereto affixed this 4th day of January, 1988. _ � 0 AN INSpIII, h .0p GpRP0*i9 4, r, • t 'r �,q•• J979 , hr''SyyNG10N: ` a. CBIC BONDING AND INSURANCE Steven A. Gaines, President STATE OF WASHINGTON — COUNTY OF KING On this 4th day of January, 1988, personally appeared STEVEN A. GAINES, to me known to be the President of the c and acknowledged said Limited Power of Attorney to be the free and voluntary act and deed of said corporati that he is authorized to execute the said Limited Power of Attorney. apt; ..0p F, IN ESS WHEREOF have her 1 han d a ' my o ' I seal the day and year fir .4 .f �t�QU6LIC r yl, :QT of 0 ary Public in and for the State of Washington, res;6 at Seattle F�.;.Z0, 1r; The undersigned, acting under authority of the Board of Directors of CBIC BONDING AND INSURANCE COMPA* BONDING AND INSURANCE COMPANY, that the above and laegoing Is a full, true and correct copy of the Original Power further of Attorney is still in force and effect. GIVEN under my h TA ANA, CA this 19TH day of Pozef02.02-US010088 executed the foregoing Limited Power of Affomey offs ores therein mentioned, and on oath staled Aides, in lieu of Certificate of the Secretary of CBIC d Atomey Issued by said ComM, and does hereby SEPTEMBER 19 88 SULLIVAN & CURTIS 2100 MAIN ST., #350 IRVINE, CA 92714 INSURED JERRY CR05S PAVING P.O. BOX 10442 COSTA MESA, CA 92628 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE I COMPANY A LETTER TIONS OF SUCH POLICIES. CITATION INSURANCE COMPANY COMPANY 8 POLICY NUMBER LETTER POLICY EXPIRATION DATE IMOODIM LIABILITY LIMITS IN THOUSANDS COMPANY C EACH OCCURRENCE LETTER GENERAL COMPANY *p i- - - - - -- — LETTER BODILY COMPANY E LETTER COMPREHENSIVE FORM THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER. DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY DESCRIPTION OF OPERATIONSILOCATnNSNEHICLES /SPECIAL ITEMS Re: Construct Parking Lot Community Youth Center - Contract #2710 City f Newport Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- y P ort PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 3300 Newport Blvd. MAIL 30 DAYS WRITTEN - NOTICE TO THE CERTIFICATE HOLDER NAMED TO TI/E P.O. Box 1769 LEFT, BUT 9ALURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR IJAJULrrY OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES. Newport Beach, Ca. 92658 -8915 AUTHORIZED REPRESENTPVE, BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. A CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MWOONY) POLICY EXPIRATION DATE IMOODIM LIABILITY LIMITS IN THOUSANDS EACH OCCURRENCE AGGREGATE GENERAL LIABILITY BODILY COMPREHENSIVE FORM INJURY $ $ PROPERTY DAMAGE $ $ PREMISES/OPERATIONS UNDERGROUND EXPLOSION 8 COLLAPSE HAZARD PROOUCTSFCOMPLETED OPERATIONS CONTRACTUAL BI 6 PD COMBINED $ 2 $ - INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY IDLY ANY AUTO I IRA PER PFASDM IS ALL OWNED AUTOS (PRIV. PASS.) IXGLY OTHER THAN ALL OWNED AUTOS FIRM PASS. [AA IRA = $ PROPERTY DAMAGE $ HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY BI A RD COMBINED $ E %LESS LIABILITY UMBRELLA FORM 81 8 PD COMBINED $ $ OTHER THAN UMBRELLA FORM STATUTORY WORKERS' COMPENSATION $ 1,000�H ACCIDENT) AND EMPLOYERS' LIABILITY WCP010931 7�1�88 4/189 $ 1 00 AS &POLICY PLO $ 1,000 EASEfACHEMPLOYEE) OTHER DESCRIPTION OF OPERATIONSILOCATnNSNEHICLES /SPECIAL ITEMS Re: Construct Parking Lot Community Youth Center - Contract #2710 City f Newport Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- y P ort PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 3300 Newport Blvd. MAIL 30 DAYS WRITTEN - NOTICE TO THE CERTIFICATE HOLDER NAMED TO TI/E P.O. Box 1769 LEFT, BUT 9ALURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR IJAJULrrY OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES. Newport Beach, Ca. 92658 -8915 AUTHORIZED REPRESENTPVE, F,1 _V bY: b'F:k- jIE- Sx_HFiFH 117- City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NAME AND ADDRESS OF INSURED Jerry Cross Pavino 7 W. 19th. Suite 1 .i 12:48F11 IFICATE OF INSURANCE 714r466e1J� -� • `-J A NEW HAMPSHIRE INS. CO. Letter mpany B tter mpany C tter mpany`D tter mpany EE tter F' . 04 Poge 12 This is to certify that policies of insurance listed below have been, issued to the insured named above and are in force at this time, including attached endorsement(s). NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. CANCELLATION: Should any of the above described policies be cancelled or coverage reduced before the expiration date ther•eof,the•Insurance Company affording coverage shall provide 30 days' 'advance notice to the City of Newport Beach by registered mail, a4terr; ion: Public Works Department. By Agency: BRAKKE- SCHAFNITZ 6 ASSOCIATES, INC nutnorizeo'r<epresen�ative - Date: 10/03/88_ Tel ephone:_�.7_14)__38p`lgpp___ Description of operations /locations /v hicles: All operations performed for the City of.Newport Beach by or on behalf of the named in ured in connection with the following designated contr80.; Construct Parking Lot at Community Youth Center (C- 2710_) (Project Title and Contract Nurn)er� _ This certll ate or`vertiica -ttion of insuranceis -not an nsurance policy an i Aoas,not amend, extend or alter the coverage afforded by the policies listed herein. Notw, 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. l -- - — - Policy CIl111°S, OF LiAHILII Y I- THOUS IDS 00roduct COMPANY TYPES OF INSURANCE Policy Exp. g. s, LETTER COVERAGE REQUIRED 1 No. Date `, Each Completed - .Occurrence _ Operations GENERAL LIABILITY , x Comprehensive Form K GA Bodily Injury $ $ x Premises - Operations 1 6313674 01/12/8S Property Damage $ $ x Explosion & Collapse Hazard — -�� x Underground Hazard -- x Products /Completed Operations Bodily Injury .. Hazard and Property NDamaX Contractual Insurance ge Combined $ I,000 $ 1,000 x Broad Form Property Damage x Independent Contractors -- - - - -- -- - - - x Personal Injury i Marine Personal Injury $ 1,000 Aviation AUTOMOTIVE LIABILITY ❑x Comprehensive Form Bodily Injury $ BA Each Person) Q Owned ' 672401 01/12/89 _ �o y n ur $ Each Occurrence [] Hired ro e,rty Vama a I 0 ily Injury and ❑x Non -owned j Property Damage Combined $ 1,000 _ EXCESS LIABILITY ❑ Umbrella Form Bodily Injury C] Other than Umbrella Form j and Property ' -� Damage Combined Statutory $ $ ^H'URKERSOMRENSATIONi- and EMPLOYER'S LIABILITYµ•_ � - - -- Acciidde`o`t)- 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 ther•eof,the•Insurance Company affording coverage shall provide 30 days' 'advance notice to the City of Newport Beach by registered mail, a4terr; ion: Public Works Department. By Agency: BRAKKE- SCHAFNITZ 6 ASSOCIATES, INC nutnorizeo'r<epresen�ative - Date: 10/03/88_ Tel ephone:_�.7_14)__38p`lgpp___ Description of operations /locations /v hicles: All operations performed for the City of.Newport Beach by or on behalf of the named in ured in connection with the following designated contr80.; Construct Parking Lot at Community Youth Center (C- 2710_) (Project Title and Contract Nurn)er� _ This certll ate or`vertiica -ttion of insuranceis -not an nsurance policy an i Aoas,not amend, extend or alter the coverage afforded by the policies listed herein. Notw, 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. OG T- 7 -8:3: F R I 1 3. 5 � � F• E�._. Page 13 j i CITY OF NEWPORT BEACH AUTOMOTIV( 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 t0 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 Ber.ch will be called upon to contribute with insurance provided by this policy. 2, The policy includes the following provision: "The insurance afforded b� 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 cndorsemeni 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 a Bodily Injury 6 ability $ ^—each occurrence I Property Damagd Liability $ each occurrence (X) Single Limit i Bodily Injury liability $__1 o_60, 000. each occurrence and Property DamagJ Liability Combined The limits of liability as Stated in paragraph 3 of this endorsement shall not in- crease the total liability of the Insurance Company for all damages as the result of any one accident or occurrence in excess of the limits of Liability stated in the policy as applicable to Automobile Liability Insurance. 4. Should the policy be cancelled'or coverage reduced before the expiration date thereof; the Insurance Company shall prdvide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 5. Designated Contract: .__ Construct Parkin Lot at Community Youth Center (C-2710) �r {Proj ct Title and'Confract No. j. —� -� This endorsement is effective OIA12188 at 12:01 A.M. and•forms a part of Policy No. BA6672401 Named Insured .�I$RRY CC SS PAVrNa COMPANY __ Endorsement No. i • Name of Insurance Company NEW HAMPMIRE INS. COMPANY By^ ` i A h ized sentative z k +.�V BY: E'•F;�+P.I- ,E— 'S:_Firal =i l l I.? : 9 -:JJ -� �_ 1,_:4VF19 l lb�tc.b, =�_�b- J��, I t4 SE.F'- 2.9 —E:2 TUE 12 i . P I1 Page 14 i CITY OF NEWPORT BEACH COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for Comprehensive General Liability, the City of Newport Beach, its officers and employees are additional in- sureds but only with respect to liability arising out of operations performed by or on behalf of the named insured in connection with the contract designated below or acts and omissions of the City of. Newport Beach in connection with its general supervision of such operations. The insurance afforded said additional insured shall apply as primary insurance and no other insurance maintained by the City of Newport Beath 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 tb,'•.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 riold 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 j Bodily Injury Liability'. $ each occurrence Property Damage Liability $_�_ �� each occurrence r (x) Single Limit Bodily Injury Liability $ 1,000,000.00_ each occurrence and 1 �� Property Damage Liability .Combined t The applicable limit bf 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. 1 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 Parking Lot at Community Youth Center (C -2710) PrOjecfe and Contract No. _ t This endorsement is effective ;nr /�yux_ at 12:01 A.M. and forms a part of Policy No. r. 11674 i Named Insured DBA: JERRY CROS$ PAVING COMPA14Y Endorsement No. Name of Insurance Company NEw H19MPSHIRE INS. COMPANY BY ! / t Auth zed Repr ent ve F j I THIS AGREEMENT, entered- to this4i k day of 19 > by and between the CITY OF NEWPORT BEACH, hereinafter "City," and hereinafter "Contractor, " is made with reference to the of owing facts: (a) City has heretofore advertised for bids for the following described:public work: Parking Lot at Community Youth Center C -2710 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 Parking Lot at Community Youth Center C -2710 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 Twanty ona thousand_ seven -hundred sixty eight and 35/100----- - - -($2 ,7£83.5 This compensation includes (11 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 foll "owing: (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 Cons�f) Plans and Special Provisions for ruct Parking Lot at Community_Youth Center 2710 Title of Project Contract No. 4. Contractor shall assume the defensezof, 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 k. ....e.... a..a ak- dam.. � -A ...— t:..na �Ln.... .....: aae.. Q� L�-� JERRY CROSS PAVING CO. City Attorney Name of Co actor (Principal) Siggnature LB Y, VIC Authorized Signature and Title • CITY OF NEWPORT BEACH • PUBLIC WORKS DEPARTMENT CONSTRUCT PARKING LOT AT COMMUNITY YOUTH.CENTER CONTRACT NO. 2710 SPECIAL PROVISIONS INDEX SECTION PAGE I GENERAL CONDITIONS . . . . . . . . . . . . . . . . . ... 1 II. ADMINISTRATION OF THE CONTRACT . . . . . . . . . . . . . . . . . . 1 III. LOCATION AND SCOPE OF 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 A. General . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 XIV. INSPECTION . . . . . . . . . . . . . . . . . . . . . . . . . 6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS CONSTRUCT PARKING LOT AT COMMUNITY YOUTH CENTER CONTRACT NO. 2710 I. GENERAL CONDITIONS SP1of 6 The parties to this contract are the City of Newport Beach and the Contractor. The Standard Specifications of the City of Newport Beach shall govern contractual relationships 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 curbs, gutters, sidewalk and pavement in the unpaved parking lot of the new Corona del Mar Community Youth Center located at 3000 Fifth Avenue in Corona del Mar, California. The Youth Center is located northeasterly of the intersection of Fifth Avenue and Iris Avenue. 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. Items of work to be done by the contractor under Contract 2710 include, but are not limited to the following: 1. Recompact top six inches of soil to 90% of relative compaction. 0 SP 2 of 6 2. Construct ribbon gutter, 6 inch thick, 3' -0 inch width, over 4 inches of imported aggregate base. 3. Construct standard Type B curb around the edges of the parking lot. 4. Construct 4 inch thick port land cement concrete sidewalk over 3 inch sand base adjacent to the southerly side of the parking lot. 5. Construct 3 inches of asphalt concrete pavement over 4 inches of imported aggregate base. compaction. 6. Slurry seal the asphalt concrete pavement. The contractor must make his arrangements and provide for his use the following facilities: 1. Electricity. 2. Telephone. 3. Sanitary facilities. 4. Security fencing. The contractor may use at no cost City water that is available at the park site. D. 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 S ecifications for Public Works Construction, 1985 Edition and 9 6 and 9 Supp ements ), 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. 2. Portland cement concrete slabs on grade outside of the building, site utilities and drainage improvements will be constructed per the City's Standard Specifications and Drawings for Public Works Construction. 3. The plans consist of Drawing No. B -5116, Sheets A -15, A -16 & C -1, prepared by Tarayao Architects, A.I.A. SP 3 of 6 E. 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. All fees normally charged by.the City must be paid by the Contractor. 2. All contractors and subcontractors on the project must have a current City business license. IV. TIME OF CONTRACT The date of the contract is the date contract is awarded by the City Council. The contract shall be completed within 60 consecutive celendar 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 5. Products /Completed Operations Hazard 6. Contractual Insurance 7. Broad Form Property Damage 8. Independent Contractors 9. Personal Injury VII VIII. SP4of6 B. Automobile Liability 1. Comprehensive Form 2. Owned 3. Hired 4. Non -owned 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. 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 shall not use the paved parking lot at the Community Youth Center for parking vehicles or storing construction materials. B. The Contractor, his employees and his subcontractors may use existing restroom facilities that are available in the building adjacent to parking lot. C. The Contractor may use water and electricity that is available at the Community Youth Center; however, the cost of any connections thereto shall be borne by the Contractor. D. The Contractor may not use City telephones. X. CLEANUP AND DISPOSAL A. During the Work At all times during the dirt, waste and rubbish to accumulate. B. Final Cleanup 0 SP 5 of 6 project, the site shall be kept clean. All shall be removed frequently and not allowed In addition to keeping the building and site clean during construc- tion, the Contractor must thoroughly clean the inside of the building, including fixtures, equipment, hardware, walls, ceilings, and doors. This shall include thorough cleaning of window and opening ledges and sills, horizontal projections, exterior steps and platforms, and other surfaces. Dust, dirt, stains, had marks, paint spots, plaster droppings, or other foreign material shall be completely removed from the surfaces. C. Disposal 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 various items of work listed on the Proposal 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 addi- tional 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. 0 SP 6 of 6 XII. MATERIALS A. Materials for the building shall be as specified in the Standard Specifications for Public Works Construction. XIII. FIELD ENGINEERING A. General 1. The contractor shall lay out the work from the drawings. The Contractor shall establish all additional bench marks, monu- ments, lines and levels necessary for the construction. 2. To lay out the work and to verify lines and elevations as the work progresses, the Contractor shall employ an experienced and competent Civil Engineer or Land Surveyor registered in the State of California. 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. a� �- Z4' %r'?. - h? W W a.OR el ci et LL 3 /2 CU2B ;�qCE N " BATTExv cc s `m eJ _ �EVEt Lip AC P ✓Mr. TYPE ".4 "P. C.C. CUQB a 6LJTT9R (CU,PB F.00E.SN.OLL BE G "UNLESS OTNE,P{y /SE NOTED) NOTES��r RS�LOINLC,E Ape 4LL BE A ' STEEL L�WEL F /N %SJ{. �gA�tlfS %O riPE 4 CURB) I 2 Aermomw EXPAN5 /ON F1LLE23�B TLIIGK SNAL fJETiYEEN RET1le11f A.VO AT T/IE fW- " OF _ DP /YEI4AYS. S /M /L OAF EXP&t/S /O �/ ✓O /NTf "WZ i l BE /N- f-MUZO /.V 4ZZ aW, -.M.ff AO./O/Aljt/4 CURB. AVd'-#%6VEO ?LANE JO/.VT3 "ogzL BB ` 3 FO, AM0 .4r /NTeeil,WZ5 OW ZO' BErAr"M O B,arTER QET!/QA/6ri4P.OL /ES 70 ij'PE .4, B FC elv"J AREA= 0.634* TYPE "B" PG C. C e CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT A.C. PVMt ST,4N13,a,PD CU,QB SECT /ONS REfl c#- /B -dZ .PEA.' / -Z4-jf40 A .AEY 9-2-7d DRAWN. A ✓• M. DATE a- APPROVE UBLIC WORKS DIRECTOR DRAWING NO. STD. -14�W -L y,. September 12, 1988 is TO: CITY COUNCIL FROM: Public Works Department CITY COUNCIL AGENDA ITEM N0. F -3(a) BY THE CITY COUNCIL CITY OF NEWPORT BEACH SUBJECT: CONSTRUCT PARKING LOT AT COMMUNITY YOUTH CENTER S EP 12 1988 (CONTRACT 2710) — APPROVED RECOMMENDATIONS: 1. Award Contract 2710 to Jerry Cross Paving, Costa Mesa, in the amount of $21,638.75. 2. Authorize the Mayor and City Clerk to execute the agreement. DISCUSSION: The 1988 -89 budget contains an appropriation of $125,000 from the • Building Excise Tax Fund to complete the landscaping and parking lot at Grant Howald Park, the park where the Community Youth Center is located. The location is shown on the attached sketch. The parking lot was originally included in the building contract. The entrance roadway and hardscape landscaping were built by the building contractor, but construction of the parking lot and landscaping had to be deferred until the current fiscal year for budgetary reasons. City crews are installing the irrigation system. A private contractor will do the planting. At 11:00 a.m, on August 29, 1988, the City Clerk opened and read six bids for construction of the parking lot: BIDDER BID 1. Jerry Cross Paving $21,768.35 Costa Mesa 2. FAV Engineering $26,884.00 Huntington Beach, 3. Nobest, Inc. $31,673.50 • Westminster 4. Sully- Miller Contracting Company $34,321.70 Orange 5. Ruiz Engineering Company $34,984.50 Long Beach • Subject: Construct Parking Lot at Community Youth Center (Contract 2710) September 12, 1988 Page 2 6. Bruce Paving Co., Inc. $42,770.00 Gardena The low bid was 55% of the Engineer's estimate of $39,868. one possible explanation for the low bids is that this is an exceptionally clean project. The rough grading and compaction has been done; and all the contractor has to do is to construct curbs, sidewalk and pavement. Jerry Cross Paving is a well known local contractor who has successfully completed many projects for the City, the latest being the parking lot in Cannery Village. The plans were prepared by Duca McCoy, Corona del Mar. The estimated date of completion is November 11, 1988. Oa,O-W4-V1 Z��)u Benjamin B. Nolan Public Works Director KLP:dw • July 25, 1988 CITY COUNCIL AGENDA ITEM NO. F -15 • TO: CITY COUNCIL FROM: Public Works Department BY THE CITY COUNCIL SUBJECT: CONSTRUCT PARKING LOT AT COMMUNITY YOUTH CENTER CITY OF NEWPORT BEACH CONTRACT NO. 2710 JUL 2 5 1988 APPROVED RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Authorize the City Clerk to - °-1 — 4-- k4 d, +^ k^�'+, DISCUSSION: The 1988 budget contains an appropriation of $125,000 from the Building Excise Tax Fund to complete the landscaping and parking lot at Grant Howald •Park, the Park that contains the recently completed Community Youth Center building. The location is shown on the attached sketch. The plans for the parking lot and landscaping are part of the plans for the new building, but landscaping and the major part of the parking lot had to be deferred until the current fiscal year for budgetary reasons. The entrance roadway and hardscape landscaping were built by the building contractor. The irrigation system has been started by City crews. It is planned to use one contractor to finish the parking lot, and another to complete the irrigation system and install plantings. The project budget is as follows: Curb and gutter 353 l.f. @ 25.00 = $ 9,325 Sidewalk 882 s.f. @ 3.00 = 2,646 AC pavement 8,643 s.f. @ 3.00 = 25,929 Slurry seal 8,643 s.f. @ 0.25 = 864 The plans for the • by Tarayao Architects A.T.A. 1988. `1 Benjamin B. Nolan Public Works Director KP:so Total $38,764 building, parking lot, and landscaping were prepared The estimated date of completion is November 14, = NMF'Ri1N! Wf I, q a o€ SU u.DIOG s AI-I TfaLYHLi' Ng9T6pf•T 4+YNO/W a COMMUNITY YOUTH CENTER 0 n L Awnonzed to Publish Advertisements of all kenos including public notices by Decree of the Superior Court of orange County. California. Number A -6214, dated 29 September. 1961, and A- 24831. doled 11 June, 1963 STATE OF CALIFORNIA County of Orange o.r n n r a ,u A c- rrt .n c) o •p. a w 10 Ko Comn ne .Mtn I am a Citizen of the United States and a resident of the County aforesaid. I am over the age of eighteen ydars, 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 Inyitinq 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 (2 ) consecutive weeks to wit the issue(s) of July 28 8 % 198_ August 4 8 198_ 198_ 198_ 198, I declare, under penalty of perjury, that the foregoing is true and correct. Executed on August $ 1988 at Costa Mesa, California. Signature 0 PUBLIC NOTICE NOTICE INVITING BIDS Sealed bids may be re- ceived at the - office of the City Clerk, 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA 92658 -8915 until 11:00 a.m. on the 29th day of August, 1988, at which time such bids shell be opened and read for Title of Pmjeet: CON STRUCT PARKING LOT AT COMMUNITY YOUTH CENTER Approved by the City Council this 25th day of July,. 1988. WANDA E. RAGGIO, City Clerk Prospective bidders may obtain one set of bid docu- ments at no cost at the office of the Public Works Depart- ment, 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA 92658 -8915. For further information, call Kenneth Perry, Project Manager at 644 -3311. Published Orange Coast Daily Pilot July 28. August 4. 1988 These PROOF OF PUBLICATION