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HomeMy WebLinkAboutC-2714 - Construct 58th Street Restroom• 0 CITY OF NEWPORT BEACH December 20, 1990 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Varkel Construction, Inc. 23141 La Cadena Drive Laguna Hills, CA 92653 Subject: Surety: Bonds No.: Contract No.: Project: (714) 644 -3005 Indemnity Company of California 985206P C -2714 Construct 58th Street Restroom The City Council of Newport Beach on November 13, 1990 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 November 21, 1990, Reference No. 90- 619336. Sincerely, Wanda E. Raggio City Clerk WER:pm cc: Public Works Department 3300 Newport Boulevard, Newport Beach U RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk ,"J� /j City of Newpdtt Beach 3300 Newport Boulevar ZI Newport Beach, CA 9 10 All Laborers `%EMFr RECORDING REQUEST PER' /336 GOVERNMENT CODE 6103 qe -6 / 13 36 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CAUFOANIA EXEMPT C1 F. OF COMPLETION LIC WORKS 2:30 P.M. NOV 211990 n and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on March 14, 1990 the Public Works project consisting of CONSTRUCT 58TH STREET RESTROOM (C -2714) _ on which Varkel Construction Inc. 23141 La Cadena Drive, Laguna Hills CA was the contractor, and Indemnity Company of California, 333 Wilshire, Anahe was the surety, was completed. CA, 9 CITY OF NEWPORT BFACH O'Do bVJ NytiT. Public Works Director VERIFICATION I, the undersigned, say: �KtsrtT- I am the�Public Works Director of the City of Newport Beach; the foregoing Notice of Completion is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on November 15, 1990 at Newport Beach, California. i 04"t4T Pu is 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 November 13, 1990 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 gat Newport Beach, California. I . , I ; -,AT'MVl9 TTAA i. • • 0 TO: City Council FROM: Public Works BY THE CITY COUNCIL CITY OF NEWPORT BEACH i Y a _! T....AP[' OVED November 13, 1990 ITY COUNCIL AGENDA TEM NO. F -16 SUBJECT: ACCEPTANCE OF CONSTRUCTION OF 58TH STREET RESTROOM (C -2714) RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk Completion. 3. Authorize the City Clerk to days after the Notice of recorded in accordance with the Civil Code. DISCUSSION: to file a Notice of release the bonds 35 Completion has been applicable portions of The contract for the construction of 58th Street Restroom has been completed to the satisfaction of the Public Works Department. The bid price was $120,287.00 Amount of unit price items constructed 120,287.00 Amount of change orders 3,373.59 Total contract cost $123,660.59 Three Change Orders were issued. The first, in the amount of $1,629.41, provided for a change in the type of lavatories, up- grading the floor drains and a change in the waste piping. The second, in the amount of $1,506.25, provided for a free standing drinking fountain and additional cement in the site paving. The third, in the amount of $237.93, provided for installation of the irrigation pump. Funds for the project were budgeted in the General Fund, Account No. 02- 7797 -331. Hills. The contractor is Varkel Construction, Inc. of Laguna The contract date of completion was January 30, 1990. • The contractor was delayed due to an error in the planned layout of the building, City forces removal of salvaged items, and changes in the plumbing fixtures all of which resulted in an adjusted date of completion of March 14, 1990. The work was completed on March 14, Benjamin B. Nolan Public Works Director PD: so CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: September 21, 1989 SUBJECT: Contract No. C -2714 Description of Contract Construct 58th Street Restroom Effective date of Contract September 21, 1989 Authorized by Minute Action, approved on August 28, 1989 Contract with Varkel Construction, Inc. Address 23141 La Cadena Drive Laguna Hills, CA 92653 Amount of Contract $120,287.00 l�L�'GL %j 6e , Wanda E. Raggio City Clerk WER :pm Attachment 3300 Newport Boulevard, Newport Beach v 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: 0 ,(t on the 1 day of Auaus , 1989, at whit time ime such 6th bids shall be opened and read for CONSTRUCT 58TH STREET RESTROOM it e o Project V 2714 Contract No. 150,000 Engineer's Estimate lb Approved by the City Council this 26th day of June , 1989. Wanda E. Raggio City Clerk Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. 0. Box 1768, Newport Beach, CA 92658 -8915. For further information, call Kenneth L. Perry at 644 -3311. Project Manager L1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONSTRUCT 58TH STREET RESTROOM CONTRACT NO. 2714 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 • • PR 1.1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONSTRUCT 58TH STREET RESTROOM CONTRACT NO. 2714 PROPOSAL To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P. 0. Box 1768 Newport Beach, CA 92658 -8915 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans (Drawing No. B- 5128 -S, consisting of 14 sheets), the Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete Contract No. 2714 in accordance with the Plans and Special Conditions, and will take in full payment therefor the following lump sum price for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Construct 58th Street Restroom, complete in place for the lump sum price of: One Hundred Twenty Thousand @Two Hundred Eighty Seven----- - - - - -- Dollars and No--------------------------------- - Cents TOTAL PRICE WRITTEN IN WORDS One Hundred Twenty Thousand Two Hundred Eighty Seven Dollars and No---------------------------------------------------- - Cents August 16, 1989 ate (714) 458 -8300 Bidder's Telephone Number 482457 - B General Contractor's License No. & Classification Varkel Construction, Inc. t er Snaier Varkel, President $ 120,287.00 $ 120,287.00 23141 La Cadena Drive, Laguna Hills, CA 92653 Bidder's Address • INSTRUCTIONS TO BIDDERS Page 2 • The following 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 documents. The City of Newport Beach will not permit a substitute format for the documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. 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. 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. All 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 partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 482457 B General Contr's Lic. No. & Classi scat W August 16, 1989 Varkel Construction, Inc. s /Snaier Varkel, President Authorized Signature /Title 0 • Page 3 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. I, Subcontract Work Masonry Subcontractor Fisher & Jones Address Buena Park 2, Metals So. West U.S. Welding Santa Ana 3, Roofing Robert Davey Roofing So. Laguna q, Plumbing Southshore Plumbing San Clemente 5. Electrical JEV Electric Westminster 6. Toilet Partitions Sanymetal Irwindale 7, Metal Screen King Wire Partitions Inc. Los Angeles 8. 10. 11 12. Varkel Construction Inc. Bidder s /Snaier Varkel, President Authorized Signature /Title BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, Page 4 That we, Varkel Construction Inc. , as bidder, and Indemnity Company-of California , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten Percent of the Amount Bid Not to Exceed $20,000. Dollars ($10% of amt bid), 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 58th Street Restroom C -2714 Title of Project Contract No. in the City of Newport Beach, is accepted by the City Council of said City, and if 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) after the date of the mailing Notice of Award to the above bounden bidder by and from said City, then this obligation shall become null and void; otherwise it 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 obligation under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 15th day of August 1989 . Varkel Construction, Inc. Bidder (Attach acknowledgment of Attorney -in -Fact) s /D. Moro s /Snaier Varkel, President Notary Public Authorized Signature /Title Commission Expires: July 2, 1993 Indemnity Company of California Surety By: s /David C. Banfer Title: Attorney -in -Fact r] NON - COLLUSION AFFIDAVIT 9 Page 5 The bidder, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths, say that neither they nor any of them have, in any way, directly or indirectly, entered into any arrangement 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 considering 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 suggested, 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 whomsoever 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. Varkel Construction, Inc. _ Bi er s/Snaier V, Authorized Signature arkel President /Title Subscribed and sworn to before me this 16th day of August 19 89. My commission expires: May 25, 1993 s /Dorothy L. Palen Notary Public a 0 MWMW- TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No. SEE ATTACHED SCHEDULE Varkel Construction, Inc. Bidder s /Snaier Varkel, President Authorized Signature /Title NOTICE The following contract documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of mailing Notice of Award to the successful bidder: 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. Payment and Faithful Performance Bonds shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Insurance Companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of 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 Rating Guide r Pro erty- Casualty. Coverages shall be provided as speci�eain the 3`£an ar pec ications for Public Works Construction, except as modified by the Special Provisions. 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, except as ai Provisions. NMI KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted August 28, 1989 has awarded to Varkel Construction, Inc. hereinafter designated as the "Principal ", a contract for Construct 58th Street Restroom C -2714 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents 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 VARREL CONSTRUCTION INC. as Principal, and INDEMNITY COMPANY OF CALIFORNIA as Surety, are held firmly bound unto the City of Newport Beach, in the sum of ONE HUNDRED TWENTY THOUSAND TWO HUNDRED EIGHTY SEVEN AND NO 1100 Dollars i$ 120.287.00 ). said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the contract; for which payment well and truly 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 tob be done, or for any other work or labor thereon of any kind or for amounts due under the Unemployment 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. E R� 0 Payment Bond (Continued) Page 9 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 to them or their assigns in any suit brought upon this bond, as required by the provisions of Sections 3247 et..-' eq., of the Civil Code of the State of California. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms.of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and.it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 8th day of SEPTEMBER , 19 89. VARKEL Authorized gnature and Title Seal) INDEMNITY COMPANY OF CALIFORNIA (Seal) Name of Surety 333 WILSHIRE ANAHEIM, CALIFORNIA 92801 d ress uret G ture and Title ot Authorize gent PAULINE M. McLEAN Address of Agent Te ep oWN-t1if Agent ....' _...,t. Viu. . """sue Jr y a ti 4 1 W a W S W a a F CORPORATION STATE OF CALIFORNIA ORANGE OF 0 SS. On SEPTEMBER 8. 1989 , before me, the undersigned, a Notary Public in and for said State, personally appeared PAULINE M. MCLEAN personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as Attorney - in -Fact on behalf of Indemnity Company of California, the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. Signature ICC 304 (REV. 2185) OFFICIAL SEAL N. AMYX NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My Commission Expra9 Apr. 26 1991 Seal POWER OF ATTORNEY OF N° 037691 1 MNITY COMPANY OF CALIFO AN�EVELOPERS INSURANCE COM NY P.O. BOX 3343, ANAHEIM, CALIF. 92803 • (714) 999 -1471 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of December, 1989. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice Is in red Ink. 4. This Power of Attorney should not be returned to the Attorney(s) -In -Fact, but Should remain a permanent pan of the obligee's records. KNOW ALL MEN BY THESE PRESENTS. that, except as expresShy limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint PAULINE M. MCLEAN the true and lawful Attorneys) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of each of said corporations as sureties, bonds, undertakings and contracts of suretyship in an amount not exceeding $1,500,000 in any single undertaking; giving and granting unto said Attorney(s) -In -Fact full power and authority to do and to perform every act necessary, requisite or proper to be'done In connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revoca- tion; and all of the acts of said Attorney(s) -In -Fact, pursuant to these presents, are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship: Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial Institutions, tease bonds, insurance company qualifying bonds, self - insurer's bonds, fidelity bonds or ball bonds, This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24,1986; RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named In the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis- tant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attor- ney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 13th day of January, 1989. INDEMNITY COMPANY OF CALIFORNIA By Gerald A. Sauvageau, Pr4ildent yP AMY `woe oPP0e4rf i o � ATTEST W oy67, o By Harry . Crowell, Secretary STATE OF CALIFORNIA) SS. COUNTYOFORANGE ) DEVELOPERS INSURANCE COMPANY By �Y�� Gerald A. Sauvageau, FrKesident 9 tit a UR4 J?4eRFOR4roo NAR. PT, ATTEST i laTa o By a Harr0c. Crowell, Secretary On January 13, 1989, before me, the undersigned, a Notary Public in and for said State, personally appeared Gerald A. Sauvageau and Harry C. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to bathe Persons who executed thewithin instrument as President and Secretary on behalf of Indemnity Company of California and as President and Secretary on behalf of Developers Insurance Company, the Corporations therein named, and acknowledged to me that the corporations executed It. WITNESS my hand and official seal. Signature Notary Public CERTIFICATE OFFICIAL SEAL VIRGINIA LOUMAN + NOTARY PUBLIC-CALIFORNIA " ORANGE COUNTY My Commission Expires Mar, 13, 1989 The undersigned, as Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify, that the foregoing and attached Power of Attorney remains In full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are In force as of the date of this Certificate. This Certificate is executed in the City of Anaheim, California, this 8th day of SEPTEMBER 1988 INDEMNITY COMPANY OF CALIFORNIA �PANY DEVELOPERS INSURANCE COMPANY 1NaU By l / /�r�r.r� i OCT A BY l /Iwo L/ 1 L Vice President r reoa +v�v ?a Vice President ID 310 REV. 12188 0 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That 0 BOND NO: 985206P Premium $3,007.00 Page 10 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted August 28, 1989 has awarded to Varkel Construction. Inc. hereinafter designated as the "Principal ", a contract for Construct 58th Street Restroom C -2714 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We VARKEL CONSTRUCTION INC. as Principal, and INDEMNITY COMPANY OF CALIFORNIA as Surety, are held firmly bound unto the.City of Newport Beach, in the sum of ONE HUNDRED TWENTY THOUSAND TWO HUNDRED EIGHTY SEVEN AND NO 1100 Dollars ($ 120,287.00 ), 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 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 keep truly and perform the covenants, conditions, 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 Faithful Performance Bond (Continued) Page 11 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 of any such change, extension of time, alterations or additions of the contract or to the work or to the specifications. In the event that the principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 8th day of SEPTEMBER , 19-D-. VARKEL CONSTRUCT ON INC. (Seal) Name of C r rt tpa Authorized Signature and Title Authorized Signature and Title INDEMNITY COMPANY OF CALIFORNIA (Seal) i Name of Surety 333 WILSHIRE AHEIM, CALIFORNIA 92801 A dress of Sur ety , , i ature and Title of Authoriz d Agent PAULINE M. McLEAN, Attorney in Fact Address of Agent f (714) 999 -1471 - Telephone No. of Agent 1 !r K m s m S W v a a F y CORPORATION STATE OF CALIFORNIA IiRANGE COUNTY OF SS. On SEPTEMBER 8, 1989 , before me, the undersigned, a Notary Public in and for said State, personally appeared PAULINE M. MCLEAN personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as Attorney. in-Fact on behalf of Indemnity Company of California, the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. Signature ICC 304 (REV. 2185) aFFIC�IALL SEk N. AMYX NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My Commission Expres Apr, 26, 1991 fits area for Ogiptal Notarial Seat 9 -07 -89 dilk Adh Page 12 CE :; IFICATE OF •' INSURANC ' _. . PRODUCER COMPANIES AFFORDING COVERAGE GRANGER -HANNA INSURANCE ASSOCIATES 2401 EAST KATELLA AVENUE, SUITE 500 COMPANY A LETTER ANAHEIM, CALIFORNIA 92806 INSURANCE COMPANY OF NORTH AMERICA COMPANY B LETTER INSURED Varkel Construction, Inc. COMPANY C 23141 La Cadena, Unit L Laguna Hills, CA 92653 LETTER COVERAGES ''' THIS B TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE `BEEN'ISSUED TO THE INSURED NAMED ABOVE` FOR THE POLICI'PERIOD "�' INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE 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 AND IS NOT AMENDED, EXTENDED OR ALTERED BY THIS CERTIFICATE CO: TYPE OF INSURANCE LTR POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE ALL LIMITS IN THOUSANDS A; GENERAL LIABILITY MFC D21265524 7 -09 -89 7-09-90 GENERAL AGGREGATE S 2,000, (OCCURANCE BASIS ONLY) I i IAl COMMERCIAL F– FRODUCTS /COMPLETED s 2,000, OPERATIONS AGGREGATE q�COMPRFNENSNE OWNERS 'J E IV CONTRACTORS PERSONAL INJURY $ 1,000, TI CONTRACTUAL FOR SPECIFIC '—' CONTRACT EACH OCCURANCE $ 1,000, PRODUCTS /COMPL OPER XCU HAZARDS BROAD FORM PROP. DAMAGE 50, .yj SEVERABILRY OF INTEREST FIRE DAMAGE $ CLAUSE (ANY ONE FIRE) $1 PERSONAL INJURY WITH EMPLOYEE EXCLUSION MEDICAL JCPENSES $ 5, R� REMOVED (ANY ONE PERSON) L MARINE AUTOMOBILE LABILITY COMBINED s '. COMPREHENSIVE SINGLE LIMIT BODILY INJURY s OWNED (PER PERSON) BODILY INJURY $ E HIRED (PER ACCIDENT) jL^,NON -OWNED PROPERTY S DAMAGE (EXCESS LIABIUTY EACH AGGREGATE ,{ UMBRELLA FORM �?_" OCCURRENCE OTHER THAN UMBRELLA FORM - $ $ STATUTORY WORKERS' COMPENSATION $ EACH ACCIDENT AND $ DISEASE- POLICY LIMIT EMPLOYERS' LIABILITY $ DISEASE -EACH EMPLOYEE LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION STATUTORY . DESCRIPTION OF OPERATIONSAACATIONSIVEHICLES /RESTRICTIONS /SPECIAL ITEMS: ALL OPERATIONS PERFORMED FOR THE CITY OF NEWPORT BEACH BY OR ON BEHALF OF THE NAMED INSURED IN CONNECTION WITH THE FOLLOWING CONTRACT: Construct 58th Street Restroom C -2714 PROJECT TITLE AND CONTRACT NUMBER CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON - RENEWED, CITY OF NEWPORT BEACH CANCELLED OR COVERAGE REDUCED BEFORE THE EXPIRATION DATE THE P.O. BOX 1768 COMPANY AFFORDING COVERAGE SHALL PROVIDE 30 DAYS MIN. ADVANCE 3300 NEWPORT BLVD. NOTICE TO THE OF NEWPORT BEACH BY REGISTERED MAIL NEWPORT BEACH, CA 92658 -8915 ATTENTION: � AU L E ISSUE 04� • Page _12_... ERTIEICATETIOFNSURAICE PRODUCER COMPANIES AFFORDING COVERAGE COMPANY A LETTER COMPANY B INSURED LETTER Varkel Construction, Inc. 23141 La Cadena, Unit L COMPANY C Laguna Hills, CA 92653 LETTER - COVERAGES �- �`.��� c�.z�`F THIS lS TO CE(iNIFY TWAT POLICIES OF INS(1NilWCE 11STED BELOW HAVE BEEN ISSUED =7'O THE INS p NAMED ABOVE FOR TNE4`POIUCPEIiIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE 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 AND IS NOT AMENDED, EXTENDED OR ALTERED BY THIS CERTIFICATE W TYPE OF INSURANCE EFFECTIVE EXPIRATION ALL UMITS IN THOUSANDS LT POLICY NUMBER DATE DATE GENERAL LIABILITY GENERAL AGGREGATE $ (OCCURANCE BASIS ONLY) COMMERCIAL PRODUCT'S /COMPLETED COMPREHENSIVE OPERATIONS AGGREGATE $ ❑ OWNERS &CONTRACTORS PROTECTIVE ❑ PERSONAL INJURY S CONTRACTUAL FOR SPECIFIC CONTRACT ❑ PRODUCTS /COMPL OPE0. ❑EACH OCCURANCE $ XCU HAZARDS ❑ BROAD FORM PROP. DAMAGE ❑ SEVERABILIIY OF INTEREST FIRE DAMAGE S CLAUSE (ANY ONE FIRE) ❑ PERSONAL INJURY WITH EMPLOYEE EXCLUSION MEDICAL EXPENSES S REMOVED (ANY ONE PERSON) MARINE AUTOMOBILE LIABILITY COMBNED y T6 6 WC C'7 o SINGLE UMR $ COMPREHENSIVE i &N7? BODILY INJURY OWNED (pill (PER PERSON) (/ /�g�/% BODILY INJURY $ �%- "�f(�r +Et„I� HIRED (PEN / % -"' ACCIDENT) , CkXD NON-OWNED PROPERTY $ ❑ DAMAGE EXCESS LABILITY EACH UMBRELLA FORM'W OOWRRENCE AGGREGATE S OTHER THAN UMBRELLA FORM W $ _ :.STATUTORY I v`I • .,. I s V, r s WORKERS' COMPENSATION S EACH ACCIDENT AND S DISEASE- POLICY LIMIT EMPLOYERS' LIABILITY $ DISEASE -EACH EMPLOYEE LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION STATUTORY TR �.�IiL,y'h I• ; P DESCRIFiION OF OPERATIONS/ LOCATIONS /VEHICLES/RESTRICTIONS/SPECIAL ITEMS: ALL OPERATIONS PERFORMED FTOOn._THE CITY OF NEWPORT BEACH BY OR ON BEHALF OF THE NAMED INSURED IN CONNECTION WITH THE FOLLOWING CONTRACT: ` i'. Construct 58th Street Restroom C -2714 PROJECT TITLE AND CONTRACT NUMBER `J... CERTIFICATE' HOLDER CANCELLATION ` , v SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON - RENEWED, CITY OF NEWPORT BEACH CANCEL ED�RAGE REWCED BEFSpE TH- EXPIRATION DATE THE P.O. BOX 1768 COMPANY NG 'SI LLPROVID YS MIN. ADVANCE 3300 NEWPORT BLVD. NOTICE To F ED MAIL NEWPORT BEACH, CA. 92658 -8915 ATTENTION: AUTHORIZED REPRESENTATIVE ISSUE DATE 0 0 CITY OF NEWPORT BEACH AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT It is agreed that: Page 13 1. With respect to such insurance as is afforded by the policy for Automobile 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 said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall 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 liability of the company affording coverage." 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 Multiple Limits or Single Limit: ( ) Multiple limits Bodily Injury Liability Bodily Injury Liability Property Damage Liability ( ) Combined Single Limit Bodily Injury Liability and Property Damage Liability $ /(%O . oct!�) per person $ 3 (on 03:�R� per accident $d The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage 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 non - renewed, cancelled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 5. Designated Contract: Construct 58th Street Restroom C -2714 (Project Title and Contract No.) This endorsement is effective Policy No. b�%%� ®7gcj2 of at 12:01 A.M. and forms a part of ompany ATToraing coverage Insured C✓a4ic�r- t6r -ke, _ Endorsement No. r\ r11 Producer By i Auth Repre-sentative 0 0 Page 14 CITY OF NEWPORT BEACH GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for General Liability, the City of Newport Beach, its officers and employees are additional insureds, but only with respect to liability arising out of operations performed by or on behalf of the named insureds in connection with the contract designated below or acts and omissions of the additional insureds in connection with its general supervision of such operations. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall 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 liability of the company affording coverage. 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(s) named in Paragraph 1. of this endorsement shall be the limits indicated below written on an "Occurrence" basis: (x) Commercial ( ) Comprehensive General Liability $ 1,000,000 each occurrence $ 2,000,000 aggregate The applicable limit of Contractual Liability for the company affording coverage shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insured(s). The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to General Liability Insurance. 6. Should the policy be non - renewed, cancelled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 7. Designated Contract: Construct 58th Street Restroom C -2714 Project Title an Contract No. This endorsement is effective 9 -8 -89 at 12:01 A.M. and forms a part of Policy No. MFC D21265524 Of INSURANCE COMPANY OF NORTH AMERICA Company Affording overage Insured VARKEL CONSTRUCTION COMPANY Endorsement No. 1 Producer GRANGER -HANNA INSURANCE ASSOCIATES By Authorized Repr ent ve a 0 0 SEP 14 1E5 14 :5E SCIF SO.O.C. POLICY P.1i1 STATE -P.O. BOX 807, SAN FRANCISCO, CA 04101-0807 COMPNNSATION INSURAMCM FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE SEPTEMBER 14, 1989 POLICYtu1,11,11 : 0662382 - 89 CERTIFICATE EXPIRES 2-1-9u CITY OF NEWPORT BEACH BUILDING 8 SAFETY DEPARTMENT P.O. BOX 1768 3300 NEWPORT BOULEVARD NEWPORT BEACH CA 92663 JOB: CONSTRUCT 58TH STREET RESTROON L CONTRACT C -2714 This is to certify that we hove issued a valid Workers' Compensation mwranee policy in a form approyod by the Ctitwnia Insurance Commissioner to the employer named below I& the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer. We will also give you TEN days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the POlicin listed herein. Notwithstanding any requirement, taint, or condition of any contract or other dowment with respect to % iuh thii eeslifirgle Vt irnurov" Inay fK issued or, may pertain, the brswance afforded by the ooliries described herein issubleot to all the leans, exclusions and cunditiuns of such policies. ' PRE91DENt EMPLOYER R7RAAAk'h /r # ##F ##R # # YR IA L 6 *M*0 ' F A X T H A N 5 M I 7 T//!! (- T0: �)c••, bn�Chs..il.rrr.�l%D'>^- NnoF VARKEL CONSTRUCTION, INC. 0 iA1fA" �l—� SD 1651 THURSTOH DRIVE FRQM>_'Arr P(1IJhh PHONE: L LL: , LAGUNA BEACH CO: FAX #; CALIFORNIA 92651 roso- ar. a lex epr.rrhul mimo TST L Stir 10202 (RITy. 10 -00) OLD 262A s i I .0 i WORKERS' COMPENSATION INSURANCE CERTIFICATION "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." ate Construct 58th Street Restroom Project Title and Contract Number i nature Va�UJ (O sA%f Contractor (C -2714) 0 0 Page 15 CONTRACT THIS AGREEMENT, entered into.this,&t day of 19�. 4y nd b twe n tile CITY OF NEWPORT BEACH, hereinafter k � N uc �ov�. J.0 , hereinafter "Contractor," is made with reference to the following fact S: (a) City has heretofore advertised for bids for the following described public work: Construct 58th Street Restroom C -2714 Title of Project Contract No. (b) Contractor has determined by City to be the lowest responsible 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 specifi- cations 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 58th Street Restroom C -2714 Title of Project Contract No. which project is more fully described in the contract documnts. Contractor shall perform and complete this work in a good and workmanlike manner, and in accordance with all of the contract documents. 2. As full compensation for the performance and completion of this work as prescribed above, City shall pay to Contractor the sum of One Hundred Twenty Thousand Two Hundred Eighty Seven & No /100 ($ 1— 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 obstructions 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 incor- porated herein by reference as though set out in full and include the following: (a) Notice Inviting Bids (b) Instructions to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and Endorsement(s) 04 1 Page 16 (f) Plans and Special Provisions for Construct 58th Street Restroom =-14 Title of Project Contract No. (g) This Contract. 4. Contractor shall assume the defense of, and indemnity 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: 6696� JAId. City C er CITY OF NEWPORT BEACH By k*d AOt, Mayor a'Af'k C. s- &"eka13_ ie of .Contractor Princ CITY 'l JQ S i O�JI� Tit e Authorized Signature and Title 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONSTRUCT 58TH STREET RESTROOM CONTRACT NO. 2714 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 . . . . . . . . . . . . . . . . . . . . . . . . 4 A. General Liability. . . . . . . . . . . . . . . . . . . . . . 4 B. Automobile Liability . . . . . . . . . . . . . . . . . . . . . 4 VII. GUARANTEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 VIII. SAFETY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 IX. TEMPORARY FACILITIES . . . . . . . . . . . . . . . . . . . . . . 5 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 . . . . . . . . . . . . . . . . . . . 6 XII. MATERIALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 XIII. FIELD ENGINEERING . . . . . . . . . . . . . . . . . . . . . . . . . 6 A. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 B. Survey Control Data . . . . . . . . . . . . . . . . . . . . . . 6 XIV. INSPECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 • • SP 1 of 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONSTRUCT 58TH STREET RESTROOM CONTRACT NO. 2714 SPECIAL PROVISIONS I. GENERAL CONDITIONS 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 A. The Public Works Director of the City of Newport Beach shall administer this contract for the City. Any change order, change in scope of the work, or change in contract price must be in writing and must be signed by the Public Works Director. B. The architect will be responsible for answering technical and construction questions and interpreting the plans. III. LOCATION AND SCOPE OF WORK A. The work to be done under this contract consists of demolishing an existing public restroom; and constructing a new public restroom in approximately the same location in the West Newport Park adjacent of Seashore Drive near 58th Street. No planting or additions to the existing park irrigation system is included in this contract. B. The work to be done under this contract includes furnishing all labor, materials, vehicles, tools, machines, equipment, transpor- tation and incidentials necessary to complete construction of the project as shown on the plans and as described in the specifications. • 0 SP 2 of 5 Items of work to be done under this contract include, but are not limited to: 1. Demolish existing restroom. 2. Construct new restroom building. 3. Construct utility connections. 4. Construct Portland cement concrete sidewalks. 5. Furnish and install drinking fountain. 6. Secure and pay for all permits, fees and licenses, except for Building Permit fees and connection fees normally charged by the City of Newport Beach. 7. Give required notices. 8. Comply with codes, ordinances, rules, regulations, orders and other legal requirements of public authorities which bear on performance of the work. 9. Provide construction staking and layout. The contract requires completion of all work in accordance with these Special Conditions, the plans, the City's Standard Specifications and Drawings for Public Works Construction, the City's Standard Specifications (Standard Specifications for Public Works Construction, 1988 Edition), the architectural 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. 3. The plans are Drawing No. B- 5128 -S, consisting of 14 sheets, prepared by Ron Yeo, FAIA Architect. Included in the scope of the contract is the payment of all fees and the securing of all permits normally charged by governing public agencies; payment of all connection and riser charges normally charged by serving utilities; and furnishing all labor, equipment, and incidentals necessary to complete construction of the project as shown on the plans and as described in the specifications; except that the following fees normally charged by the City will be waived; 1. Building Excise Tax fees. 2. Building and Plan Check fees. 3. School District fees. 4. Orange County Sanitation District fees. 5. "Fair Share" fees. All other fees normally charged by the City must be paid; and all contractors and subcontractors on the project must have a current City business license. IV. TIME OF CONTRACT • SP 3 of 5 The date of the contract is the date contract is awarded by the City Council. The contract shall be completed within 120 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 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. • • SP 4 of 5 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 The Contractor must make his arrangements and provide for his use of 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. X. CLEANUP AND DISPOSAL A. Durinq the Work At all times during the project, the site shall be kept clean. All dirt, waste and rubbish shall be removed frequently and not allowed to accumulate. B. Final Cleanup In addition to keeping the building and site clean during construction, 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 drop- pings, 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. 0 SP 5 of 5 2. The lump sum price bid for constructing the restroom 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 Proposal shall be included in work listed in the Proposal. B. Monthly Progress Payments not separately provide for in the the prices bid for other items of 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 architec- tural specifications. The architectural specifications are included with the plans. XIII. FIELD ENGINEERING A. General 1. The Contractor shall lay out the work. The Contractor shall establish all additional bench marks, monuments, lines and levels necessary for the construction. 2. To lay out the work and to verify progresses, the Contractor shall competent Civil Engineer or Land State California. XIV. INSPECTION lines and elevations as the work employ on experienced and Surveyor registered in the 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 • • TO: CITY COUNCIL FROM: Public Works Department 4gust 28, 1989 CITY COUNCIL AGENDA ITEM NO. F -3(a) 21Y TV 7 .lTY COUNCIL CITY lE .,--&03T 3EAW SUBJECT: CONSTRUCT 58TH STREET RESTROOM - CONTRACT NO. 2714 RECOMMENDATIONS: AUG 2 8 1989 APP OTE _-. 1. Award Contract No. 2714 to Varkel Construction, Inc., of Laguna Hills, in the amount of $120,287.00. 2. Authorize the Mayor and City Clerk to execute the contract. DISCUSSION: At 11:00 A.M. on August 16, 1989, the City Clerk opened and read 7 bids for the project: Bidder 1. Varkel Construction, Inc., Laguna Hills 2. Fishbeck Construction, Inc., Santa Ana 3. Building Contractors, Inc., Newport Beach 4. Kropfli Construction Co., Inc., Signal Hill 5. Terico Construction Co., Inc., Torrance 6. Steen Construction Co., Santa Ana 7. Dean Chilton Construction, Co., E1 Toro Bid Amount $120,287.00 131,600.00 134,500.00 139,855.00 147,700.00 148,841.00 164,900.00 The low bid is 19% under the Engineer's estimate of $150,000.00. The contractor has not previously worked for the City of Newport Beach; however, he has done a number of jobs for the City of Laguna Beach, and • libraries and fire stations for the County of Orange General Services Administration. He is properly licensed and bonded. The project will be financed by the Beach Restroom Replacement Program of the General Fund. The project consists of replacing an existing temporary restroom with a permanent restroom similar to those recently completed at Channel Park and in the West Newport Park at Orange Street. The women's side will have 4 toilets 2 wash basins and a diaper changing table. The men's side 40 August Subject: Construct 589 Street Restroom (C -2714) August 28, 1989 Page 2 • will have two toilets, a trough urinal and two wash basins. There will be a drinking fountain attached to the building and provisions for pay telephones. The location is shown on the attached sketch. The plans were prepared by Ron Yeo, FAIA Architect, Corona del Mar. A complete set of plans will be on display in the Council's conference room. Construction will not commence until after Labor Day. The estimated date of completion is January 15, 1990. �ad Benjamin B. Nolan Public Works Director • KP:so Attachments • l �o y� I 1 .Q h Y M f G36g T LVf+rY�Z \R� -. . — -- -- — o.e.s.c. asc`oe _ro�ft. v!� co�vaeaN._nesi - �.- - - 2 A : AV* i• •svov svoz svoc I seu..sacr sea sees 4saw Aoo,. &6 5 4 3 1 5 4 3 2 /1 -W,l 9 4 A h 90 h G OCEAN FRONT <LY OGSAN 4✓46J , I I z�rz- ci r yH ,on. •2/ TO A ^6/ Q 57 1 Jr TY7MT Vii/ S7bs s 59b3 a 3 33 2 / 5 90 h G OCEAN FRONT <LY OGSAN 4✓46J , I I z�rz- ci r yH ,on. •2/ TO A ^6/ Q 57 1 Jr TY7MT 0 t. is O I + u- ff uq W W a. . m 0 U) w CO) 1. w I IN I 77% Zia ui ul ll • • 0 TO: CITY COUNCIL FROM: Public Works Department June 26, 1989 3Y TP "' ITY COUNCIPTY COUNCIL AGENDA CITY OI NEWPORT BEA�II EM NO. F -12 JUN 2 6 1989 APPROVED - SUBJECT: REPLACE 58TH STREET RESTROOM - CONTRACT NO. 2714 RECOMMENDATIONS: 1. Approve the Plans and Specifications. 2. Authorize the City Clerk to -1- - s- ' ^~ ° fn JL npPnod At DISCUSSION: The Beach Restroom Replacement Program of the General Fund contains funds for replacement of the existing restroom located in the West Newport Park near 58th Street. The contract will be awarded in September, with construction to take place during the winter months. The location of the project is shown on the attached sketch. The project consists of replacing the existing temporary restroom with a permanent restroom similar to those recently completed in West Newport Park at Orange Street and at Channel Park. The women's side will have four toilets, two wash basins, and a diaper changing table. The men's side will have two toilets, a trough urinal, and two wash basins. There will be a drinking fountain attached to the building, and provisions for pay telephones. The project budget is as follows: Design $ 10,000.00 Contract 10,000.00 Demolition 125,000.00 Construction 13,500.00 Total project cost $158,500.00 The plans were prepared by Ron Yeo, FAIA Architect, of Corona del Mar. The estimated date of completion is January 30, 1990. • A full set of drawings will be on display in the City Council's conference room. Benjamin B. Nolan Public Works Director KLP :so Attachment J sr:: F a 4 � 0 I f � M Cggf 6393FKP / gel' �y55 � j000 wf 0 V GC.�. C� DECREE - JDMT. OrC GONOrMN. CASs ,zgear,¢ r 2 /� 4 die• AG •f90➢ rl f47, 4 s;os 3 q fyn! 2 Aa' /$ � mu. -mop 3B0 36ns SS 59av = 5 '� 8 OCEAN FRONT iAnr ; t-y OGz9N/ 4Y6J A A q Q -58 Asp CITY PRO A. 1 `— �BL.dGg�g-aI � A -6i nrtAu Z P^AIr HO G h S70�i• T.b9 d7 5703 a S 4 3 2 /• 5 b, A q Q -58 Asp CITY PRO A. 1 `— �BL.dGg�g-aI � A -6i nrtAu Z P^AIr HO G h -z- 58TH STREET L—D 17-1 0 1 ti k cl) M- > F cn L—D 17-1 0 1 ti k