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
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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
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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
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