Loading...
HomeMy WebLinkAboutC-2715 - Avon Street Improvements - Riverside Avenue to 300 Feet Westerly; Riverside Avenue Storm Drain; Line C-Cliff Drive Park Storm Drain, Phase IITO: RELEASE OF STOP NOTICE or party RECEIVED MAR 23 1990 OF �A gum top Notice was i =ile P.O. Box 1768, Newport Beach, CA 92658 -8915 Address You are hereby notified that the undersigned claimant releases that certain Stop Notice dated , as amended in the amount of $ 2,093.1 285,67 -- tOtaTT.T. . 46 against City of Newport Beach as owner or public body and General Procurement as prime contractor in connection with the work of improvement known as Avon and Riverside Storm Drain (C- 2715) in the City of Newport Beach County of Orange State of California. Date March 23, 1990 Name of Claimant S.F., Eaton CO. Verification for By Partnership or Sole Ownership (Claimant or Representative) being first duly sworn deposes and says that (Owner, Partner, or Agent) of named as claimant in the foregoing claim, that he has read said claim and knows the contents thereof, and that the facts therein stated are true. x (Signature of Affiant) Subscribed and sworn to before me this day of , 19 Notary Stamp (Signature of Notary Public) holds w- 514T,0: men ry Gis. iG'C/:�s2t0�icc2�c:x.� p i I LABOR COMMISSIONER, STATE OF CALIFORNIA Department of Industrial Relations Division of Labor Standards Enforcement Bureau of Field Enforcement 245 W. Broadway, Room 450 1N0UST °'�ti'•9( Long Beach, CA 90802 1 :••''' (213) 590 -5466 :' <^ �`��`• 9� ��a i "R "R °' "` BODY:-- °" RECEIVED CITY OF NEWPORT BEACH yo Zi _ s'Il Public Works Department y OT OF ar\P. poi 3300 Newport Boulevard I�rpaEr 9FAa1 CAL%fO Newport Beach, CA 92663 L_ ATTN: G.P. Dunigan, Jr. DATE: November 21, 1989 IN RKPLY, RCFKR TO CA.1 NUMRX.: 27 -PW- 02691/712 NOTICE TO WITHHOLD PROJECT NAME / CONTRACT NUMReR Avon /Riverside Storm Drain (C -2715) ✓RIME CONTRACTOR 245 Fischer Avenue, A -9 General Procurement Construction Co. Inc. Costa Mesa, CA 92626 SUB- CONTRACTOR Enclosed are a NOTICE OF WAGES OWED and NOTICE OF PENAL ASSESSMENT pertaining to the above -named project. You arf,{lirj5ted jg withhold and retain from any payments due the general contractor the total amount of $ o yy which is the sum of all wages and penalties forfeited pursuant to the provisions of Labor Code Section 1727 as evidenced by the attached Notice of Wages Owed and Notice(s) of Penalty Assessment. If you receive notice of a suit filed by the contractor to recover the prevailing wages and /or the Penalties Labor Code Section 1731 requires you retain the above stated sum pending the outcome of the suit. If no such notice of suit is received within the 90 day period after cessation, acceptance, or completion of the project, all monies withheld shall be remitted to this office. If within the aforementioned period, the contractor consents in writing with the Notice of Wages Owed and /or Notice of Penalty Assessment, the amount withheld shall be remitted to this office. I declare under penalty of perjury as follows: I am an authorized representative acting for the State Labor Commissioner. I execute this Declaration on behalf of the workers whose names are set forth on the attached notices. I have read the foregoing Notice to Withhold and I have made an investigation of the facts relating thereto, and based on all the facts known to me at this time and based on all of the statements and information given to me at this time, I am informed and believe that the foregoing Notice to Withhold is true and correct, and that the facts have been found to support this Notice. Sincerely, STATE LABOR COMMISSIONER B" oL/ Joseph M. DiFranceco RW - 13 I5/87) NOTICE TO WITHHOLD uaCs 22 aff TO: o M ✓avor f71 C ; ncilsnert �r If.�rltey . is "sery Dir. & R Bir. i'iznliing Dir. t� f'eii a Chief Gli'.W. Dir ,ff Other �lL2�/l C%Ay a 2- 7/ STOP NOTICE ;yam �► NOTICE TO WITHHOLD TO HOLDER OF FUNDS RECEIVED (Name of owner, construction lender or public officer) `_I- -` Z� !(�6du�i°eT F6 4CY ., C/} HOLDER OF FUNDS. (Address of owner or construction lender) YOU ARE HEREBY NOTIFIED THAT the undersigned claimant, 60 ,zys8 ltl o2r i3Xj ros14 1i .es.4 C4. (Name and address) has furnished or has agreed to furnish 144 L1DOr (labor, services, equipment, materials) of the following kind �e ° «7 i o t) O Co A T �K /�,� :Rti,( e ; CGXS (general description of labor, services, equipment or materials) to or for GENEiPi4 ti / o Cccit' E'1� c NT for the work improvement, located at, or known as: (name of person to or for whom furnished) (address, legal description, description of site or project identification) The amount in value of the whole agreed to be done or furnished by claimant is $ 113/ 7Z,9 7 The amount in value of that already done or furnished by claimant is $ z . % 2- 40 , -7 1 Claimant has been paid the sum of $ �— and there remains due and unpaid the sum of $ ?` ?_ ,— Z 7Q plus interest thereon at the rate of h8 per cent per annum from T b eR 7 19 0 . YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST. Dated: /6) ` "Z `/ — S � STATE OF CALIFORNIA j COUNTY OF C 9d d E ? ss. 5. C. EI}To q (. Name of Claimant Address of Claimant mr 1, G W m CIZZ — �Op�pCIS0�` Nd.)Cf]f:Jfil1 / ❑nnnn� I/ / ;IM�9 (t /q ( 7-L/ t j �, v Minor duly swnrn dpnntas and says: That —he is the person(s) who signed the foregoing Stop Notice; that _he has read the same and knows the contents thereof to be true of ham_ own knowledge, except as to any matters or things t at may therein be stated on rd ation and belief and as to those matters and things —he believes them to be true.CC�f� Subscribed and sworn to before me txfitolAL BMlt r MARILYNN J. FULLER c [ NOf SAY PUBLIC • CALIPORNIA P111NCtPAI OIMCt W ORANN COUNTY ?✓ �� M Coomenow Esp. Ds. t. 116t ' Notary b and in and for said State a - ThIS at mdasd fmm .oven ammt areas problems m the Sold Wdicate& sera., yam .acct m.d R 8n m .n meRb STOP NOTICE and make changes proper to yoar Iran action. Consult a lawyer U yam doubt the fold a dtneu for roar P rvoee. VVOLCOTTS FORM aia—Ray. 2.75 IDdce WSS31 x` s CIT ?OF NEWPORT AACH -' December 21, 1989 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 General Procurement & Construction Co. 245 Fischer Avenue, #A -9 Costa Mesa, CA 92626 Subject: Surety: Amwest Surety Insurance Company Bonds No.: 1180408 Contract No.: C -2715 Project: Avon Street Improvements Riverside Avenue to 300' Westerly- Riverside Avenue Storm Drain, Line C -Cliff Drive Park Storm Drain, Phase II The City Council of Newport Beach on November 27, 1989 accepted the work of subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice has been recorded in accordance with applicable portions of the Civil Code. The Notice was recorded by the Orange County Recorder on December 6, 1989, Reference No. 89- 661830. Sincerely, G2�e�� I Wanda E. Raggioo� City Clerk WER:pm cc: Public Works Department 3300 Newport Boulevard, Newport Beach RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk A' City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 VEMPT RECORDING REQUEST PER GOVERNMENT CODE 6103 XE P C14 89=661830 NOTICF. OF COMPLETION PUBLIC WORKS • RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA PMT DEC 6 1989 ECOM .. RECEIVED DEC A 190 Comm '1 o All Laborers and Material Men and to Every Other Person Interested•\ YOU WILL PLEASE TAKE NOTICE that on November 7, 1989�'�Ii: the Public Works project consisting of Avon Street Improvements Riverside fvlehiia -to_ 300' Westerly- Riverside Avenue Storm Drain, Line C -Cliff Drive Park Storm Drain Phase II. (C -2715) on which General Procurement & Construction Co., 245 Fischer Avenue IIA -9 Costa Mesa was the contractor. and Amwest Surety Insurance Company, CA, 92626 was the surety, was completed. IZZ4 E. Green St., Suite 102 Pasadena, CA 91106 VERIFICATION I, the undersigned, say: C Y OF NE/W//jPO�RTTBBFACH Pub is Works Director 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 30, 1989_ at Newport Beach, California. JrA— �- Public 'Works Director VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Newport Beach; the City Council of said City on November 27, 1989 accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on November 30, 1989 at Newport Beach, California. H U FO � i City Clerk • 1 nl .. '>i'1" A'� . i �� ,'� fit: �_ R.� +. :.� +;. � ,� c;,': !" J *ember 27, 1989 CITY COUNCIL AGENDA 0UVR NO F -14 Cli`! : :)i ".; 07 3FAC-i • T0: CITY COUNCIL NOV 2 7 1989 FROM: Public Works Department -- "-'— ` " -��� "" SUBJECT: ACCEPTANCE OF AVON STREET IMPROVEMENTS - RIVERSIDE AVENUE TO 300 FEET WESTERLY: RIVERSIDE AVENUE STORM DRAIN, LINE C; AND CLIFF DRIVE PARK STORM DRAIN, PHASE II (C -2715) RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. DISCUSSION: The contract for the const • completed to the satisfaction of the The bid price was Amount of unit price items Amount of change orders Total contract cost ^uction of the subject project has been Public Works Department. $248,741.50 constructed 248,062.90 3,450.00 $251,512.90 One Change Order was issued in the amount of $3,450.00. It provided for the construction of reinforced concrete pipe collars required due to the different outside diameters of the two types of pipe specified. Funds for the project were budgeted in the General Fund, Account No. 02- 3397 -449. The contractor is General Procurement & Construction Co. of Costa Mesa. The contract date of substantially completed by that November 7, 1989 Benjamin B. Nolan Public Works Director PD:so completion was September 8, 1989. The work was date with final cleanup and repairs completed on 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: 8-8-89 SUBJECT: Contract No. 2715 Description of Contract Avon St. Impvts., Riverside Ave. Storm Drain, and Cliff Drive Park Storm Drain Effective date of Contract (shortly after July 4th) Not Specified in Contract Authorized by Minute Action, approved on June 26, 1989 Contract with General Procurement & Const. Co. Address 245 Fischer Ave. IIA -9, Costa Mesa, Ca. 92626 Amount of Contract $248,738,50. k 4f , Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach Sealed bids may be ree 3300 Newport Boulevard, P. until 11:00 A.M. at whi tc ime such 0 CITY CLERK at the offtft'vf the City Clerk, !x 1768, Newport Beach, CA 92658 -8915 ! jl,it�h day of June ., 1989, s'fi T be opened and read for AVON STREET IMPROVEMENTS RIVERSIDE AVENUE TO 300' WESTERLY RIVERSIDE AVENUE STORM DRAIN, LINE C CLIFF DRIVE PARK STORM DRAIN, PHASE II Title of Project �-` I goo V 2715 Contract No. $212,000.00 Engineer's Estimate 16 • O / Approved by the City Council this 22nd day of May , 1989. Z,e. Z ' 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 Lloyd Dalton at 644 -3311. Project Manager ..^-g+'e:��i.__.�.__ro 0 • PR 1.1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL AVON STREET IMPROVEMENTS- RIVERSIDE AVENUE TO 300' WESTERLY RIVERSIDE AVENUE STORM DRAIN, LINE C CLIFF DRIVE PARK STORM DRAIN, PHASE II CONTRACT NO. 2715 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 and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete this Contract No. 2715 in accordance with the Plans and Special Provisions, and will take in full payment therefor the following unit price for the work, complete in place, to wit: ITEM QUANTITY- —ITEM DESCRIPTIOF- UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization @ Fifteen Thousand------------ - - - - -- -Dollars and No-------- ---------- -------------- - -Cents $15,00n_on er Lump SUM Lump Sum Water meter, water lateral and water main relocations @ Five Thousand---------------- - - - - -- Dollars and No--------------------------- - - - --- -Cents $5.000.00 Per Lump Sum Lump Sum 4" Subdrain removal and connection assembly @One Thousand----------------- - - - - -- Dollars and No------------------------- -- - - - - -- -Cents $1.000.00 Per Lump Sum • 0 PR 1.2 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 125 4" PVC Subdrain Linear Feet @Twenty Five----------------- - - - - -- -Dollars and No--------------------------------- -Cents $ 25.00 $3,125.00 Per Lineal Foot 5. 300 24" RCP w /BBRG (installation only) Linear Feet @Eighty Seven----------------- - - - - -- Dollars and No--------------------------------- -Cents $ 87.00 $26,100.00 Per Linear Foot 6. 356 24" RCP w /Cadilloc Joints Linear Feet @One Hundred Twenty----------- - - - - -- Dollars and No--------------------------------- -Cents $ 120.00 $42,720.00 Per Linear Foot 7. 781 24" RCP Linear Feet @Eighty Three----------------- - - - - -- Dollars and No--------------------------- - - - - -- -Cents $ 83.00 $64,823.00 Per Linear o0 8. 318 18" RCP Linear Feet @Seventy Five----------------- - - - - -- Dollars and No--------------------------------- -Cents $ 75.00 $23,850.00 Per Linear Foot 9. 1 Manhole No. 2 Each @One Thousand Four Hundred Forty - - -- Dollars and No--------------------------------- -Cents $1,440.00 $1,440.00 Per Each • • PR 1.3 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 4 Curb Inlet Type OL Each @ Three Thousand Nine Hundred Twenty-Dollars and No--------------------------------- -Cents $ 3,920.00 $15,680.00 Per Each 11. 3 Junction Structure No. 1 Each @ One Thousand Thirty Five ---- - - - - -- Dollars and No-------------------------------- -Cents $ 1,035.00 $3,105.00 Per Each 12. 7 8" PVC with Connection Assembly Linear Feet @ Seventy Five---------------- - - - - -- -Dollars and No--------------------------------- -Cents $ 75.00 $525.00 Per Linear oo 13. 1 Concrete Pipe Collar Each @ Four Hundred---------------- - - - - -- -Dollars and No-------- -------- -------- -------- - -Dents $ 400.00 $400.00 14. 1 Modified Curb Inlet OL -A Each @ Four Thousand Two Hundred Twenty- Fboeilars and No---------------- ------- --------- - -Dents $ 4,225.00 $ 4,225.00 Per Each 15. Lump Sum CMP Inlet with Concrete Apron @ Two Thousand Five Hundred--- - - - - -- -Dollars and No------------------------ -------- - -Dents $2,500.00 Per Lump Sum 0 . PR 1.4 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. Lump Sum 6" Steel drain reconnection @ Five Hundred ---------------- - - - - -- Dollars and No ------------------------------ -- - Cents $ 500.00 Per LumD Sum 17. 32 Type A curb and gutter Linear Feet @ Twenty---------------------- - - - - -- Dollars and No -------------------------------- - Cents $ 20.00 $ 640.00 Per Linear Foot 18. 165 Type B curb and gutter Linear Feet @ Twenty---------------------- - - - - -- Dollars and No -------------------------------- - Cents $ 20.00 $ 3,300.00 Per Linear Foot 19. 154 Type C curb and gutter (modified) Linear Feet @ Twenty---------------------- - - - - -- Dollars and No -------------------------- - - - - -- - Cents $ 20.00 $ 3,080.00 Per Linear o0 20. 2205 Concrete sidewalk Square Feet @ Two--- ---------- ----------- - - - --- -Dollars and No-------------- --------------- --- -Cents $ 2.00 $ 4,410.00 Per Square Foot 21. 2 Curb access ramp Each @ Two Hundred----------------- - - - - -- Dollars and No-------- -- ---- --------------- --- -Cents $ 200.00 $ 400.00 Per Each 0 . PR 1.5 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. 500 Tons 23. 8280 Square Feet 24. 1345 Square Feet 25. Lump Sum 26. Lump Sum Permeable Subbase @ Twenty---------------------- - - - - -- Dollars and No-------------------------------- - -Dents $20.00 $10.000.00 Per Ton 4" AC over 8" CAB @ One-------- --------------- -- - - - --- Dollars and Twent - -- ------------------- - - - - -- -Cents $1.20 $ 9,936.00 15 er quare - oot 3" AC over 4" CAB @ One -------- ----------------- - - - - -- -Dollars and Ten--------------------------------- Cents $1.10 $ 1,479.50 Per Square Foot Type I Commercial Driveway Approach @ Five Hundred----------------- - - - - -- Dollars and No--------- ------------------ ------ -Cents $ 500.00 Per Lump Sum Type I street light w /pull box and conduit @Five Thousand---------------- - - - - -- Dollars and No--------------------------------- -Cents $ 5,000.00 Per Lump Sum f h. 0 TOTAL PRICE WRITTEN IN WORDS fp Eight Or Hundred Forty Eight Thousand Seven Hundred Thirty- Dollars PR 1.6 and P 242r IM, so T. Fifty-------------------------- ------ ----------- - - - - - -- -Cents ! no June 15, 1989 , General Procurement & Construction Co._- Date Bidder (714) 850 -0234 s /Issam Boukai, Vice President Bidder's Telephone Number Authorized Signature /Title 459663 Class A � 245 Fischer Avenue, #A -9, Costa Mesa, CA 92626 Contractor's License No. asst ication Tinder's A ress 9 0 INSTRUCTIONS TO BIDDERS The following contract documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: 1. PROPOSAL 2. INSTRUCTIONS TO BIDDERS 3. DESIGNATION OF SUBCONTRACTOR(S) 4. BIDDER'S BOND (sum not less than 10% of total bid price) 5. NON- COLLUSION AFFIDAVIT 6. TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the Bidder's Bond. The title of the project and the words SEALED BID shall be clearly marked on the outside of the envelope containing the bid. The City of Newport Beach will not permit a substitute format for the contract documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. Bids shall not be received from bidders who are not licensed in accordance with the provisions of Chapter 9, Division III of the Business and Professions' Code. The low bidder shall also be required to possess a City of Newport Beach business license prior to execution of contract. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held respon- sible for bidder errors and omissions in the PROPOSAL. Contract documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For part- nerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). The Contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. 459663 Class A Contr's Lic. No. & Classi icy June 15, 1989 Date Page 2 General Procurement & Construction Co. Bidder s /Issam Boucai; Vice President Authorized Signature /Title 0 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. Subcontract Work Subcontractor Address l.-Street Light Sierra Pacific Riversidp 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. General Procurement & Construction Co. Bidder s /Issam Boukai, Vice President Authorized Signature /Title BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, Page 4 That we, General Procurement & Construction Co., Inc. , as bidder, and Amwest Surety Insurance Company , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Five Thousand and No/ 100------------------ - - - - -- Dollars ($25,000.00 ), 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 Avon Street Improvements Riverside Avenue to 300' Westerly Riverside Avenue Storm Drain, Line C Cliff Drive Park Storm Drain, Phase II C -2715 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) from the date of the mailing of contract documents for execution to the above bounden bidder by and from said City, then this obligation shall become null and void; otherwise it 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 day of 19 General Procurement & Construction Co. Bidder (Attach acknowledgment of Attorney -in -Fact) s /Donna L. Patterson s /Issam Boukai, Vice President Notary Public Authorized Signature Title Commission Expires: April 13, 1993 Amwest Surety Insurance Company Surety By: s /Heather Zimmerman Title: Attorney -in -Fact 0 • Page 5 NON- COLLUSION AFFIDAVIT The bidder, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths, say that neither they nor any of them have, in any way, directly or indirectly, entered into any 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. General Procurement & Construction Co. B-i3er s /Issam Boukai. Vice President Authorized Signature /Title Subscribed and sworn to before me this 15th day of June 19 89. My commission expires: April 13, 1993 s /Donna L. Patterson Notary Public s • Page 6 NICAL 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. 1988 Cove Development Rod Emery (714) 852 -0700 1988 City of Tustin Sam Altowaiii (714) 544 -8890 1988 City of Cypress Pin Chan (714) 229 -6741 1989 City of Hemet John Greer (714) 658 -9411 General Procurement & Construction Co. Bidder /�� lkY e� s /Issam Boukai, Vice President_ Authorized Signature Title s 0 Page 7 NOTICE The following are contract documents which shall be completed and executed by the successful bidder after he receives a letter of award from the City of Newport Beach: PAYMENT BOND (pages 8 & 9) FAITHFUL PERFORMANCE BOND (pages 10 & 11) CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 12, 13, 14) CONTRACT (pages 15 & 16) The City of Newport Beach will not permit a substitute format for these contract documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. 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: PRPro erty- Casualty. Coverages shall be pro as specified in the ar peci ications for Public Works Construction, except as moditled by the 5pecial 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 mo ified by the Special Provisions. BOND NUNJ1180408 PRENIUM . IN PERF. BOND EXECUTED IN QUADRUPLICATE Page 8 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted June 26, 1989 has awarded to General Procurement & Construction Co., Inc. hereinafter designated as the "Principal", a contract for Avon Street Improvements Riverside Avenue to 300' Westerly Riverside Avenue Storm Drain, Line C Cliff Drive Park Storm Drain, Phase II C -2715 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 GENERAL PROCUREMENT & CONSTRUCTION CO., INC. as Principal, and ANWEST SURETY INSURANCE COMPANY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of THIRTY EIGHT AND 50/100 TWO HUNDRED FORTY EIGHT THOUSAND SEVEN HUNDRED Dollars ($248.T38-50- — - 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 tub 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. V • Payment Bond (Continued) i 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. seq, of the Civil Code of the State of California. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 23rd day of June , 19gcq-. GENERAL PROCUREMENT & CONSTRUCTION CO., INC. (Seal) Name o Contra pr (Principal) /l o vLA-* / Vii L6 002e -r, .A .✓r Authorized — Signatturlitle Authorized Signature and Title V AMNEST SURETY INSURANCE COMPANY (Seal) urety Green Street, Suite 102` e LYNN & SCHALLER INSURANCE AddrSR82MiIl c f reek Road, Suite 212 Laguna Hills, CA 92652 Telephone No. of Agent (714)768 -3400 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES ss. June 23, 1989 On ,before me a Notary Public, within and for the said County and State, personally appeared Tina Durand known tome (or proved tome on the basis of satifactory evidence) to be the person whose name is su ib ithin instrument as the Attorney in Fact of and for the AMWEST SURETY INSURAN COOPANY d ed to m at he subscribed the name r" i .f►Itl��cTCtpcCV_t�ciivat�*cECO Y�retoas re d sown name no ey -.:, OFFICIAL SEAL In Fact. ;. HEATHER L. ZIMMERMAN .fiefs NUTAR'/ PUBLIC -CALIFURNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commission Expires April 22, 1991 . Bond Numb�& 1180408 Premium:75. EXECUTED IN QUADRUPLICATE Page 10 FAITHFUL PERFORMANCE BOND ' KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted June 26, 1989 has awarded to General Procurement & construction cn_, Inc,. hereinafter designated as the "Principal ", a contract for Avon Street Improvements Riverside Avenue to 300' Westerly Riverside Avenue Storm Drain, Line C Cliff Drive Park Storm Drain., Phase II 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 General Procurement & Construction Co., Inc. as Principal, and ANWEST SURETY INSURANCE COMPANY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of THIRTY EIGHT AND 50/100 TWO HUNDRED FORTY EIGHT THOUSAND SEVEN HUNDRED Dollars ($ 248,738.50 ), 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 r i • —Page 11 Faithful Performance Bond (Continued) 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 23rd day of June , 19 89. GENERAL PROCUEEKENT & CONSTRUCTION CO., INC. (Seal) Name of ontractor Principa ,A Authorize ignature and Titqp Authorized Signature and Title AMWEST SURETY INSURANCE COMPANY (Seal) 23282 Mill Creek Road, SUite 212 a i Telep one No. of Agent LOS ANGELES STATE OF CALIFORNIA, COUNTY OF On June 23, 1989 before me a Notary Public, within and for the said County and State, personally appeared Tina Durand known tome (or proved tome on the basis of satifactory evidence) to be the person whose name is bscrib t6 a within instrument as the Attorney in Fact of and for the AMWEST SURETY INSURANCE CO P Y, ed to me that he subscribed th CE COMEANY ere s S /bti is own nam Attorney in Fact. UrHCIAL SEAL HEAT %ILR L. ZIMMERMAN a' °m.- d♦✓�?� rw�:, ..o;uC - CALIFORNIA OFFICE IN LOS ANGELES COUNTY My Commission Expires April 22, 1991 r 'POWER NUMBER E21340 BOND NUMBER 1180408 This Power of Attorney has been delivered in connection with the above bond number. GENERAL NAME OF PRINCIPAL: CITY OF NAME OF OBLIGEE: MWEST SURETY INSURANCE COMP O. BOX 4500, WOODLAND HILLS, CA 91 500 Ar�w (818) 704 -1111 This Power of Attorney may not be used is printed on blue paper with black and of this Power of Attorney are valid. No officer of AMWEST SURETY INSU to AMWEST SURETY INSURANC A. Department. This Power of Attor by AMWEST SURETY INSUR of attorney forms issued by .b KNOW ALL MEN BY make, constitute and its true and lawful Company thereto, LIMITED POWER OF ATTORNEY (READ CAREFULLY) To be used only in conjunction with the bond specified h _ '(. < and on pea or c brnia. Any be on Am IT revoked COMPANY,A JANUARY 1, 1990 No Power n this form shall be ds, under- taking, or other writte nature thereof executed on or after said expiration date. ,738.50 document I originals the n r :.. T, � r• 4 -�t` r �!. =�' ;. � 11P:- •ia 3i i.�:a a an¢•1o��Sf U NY thereby. This appointment is made and r r pto}+ieions of the By -Laws ec 711�sihe ; EST SURETY INSURANCE COMPANY�'a'4y3`,,- Pdv§i'bf'Attdirtey is 57ghe7i'`i`trfd- -waled by facsimile under and by the authority of the follow'` ' -r, ' "� try the board of directors of F. AMWEST SURETY INSURANCE COMPANY at a meeting duly held on December 15, 1975. RESOLVED that the president or any vice - president, in conjuration with the secretary or any assistant secretary, may appoint attorneys- in-fad or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizancim and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any power of attorney previously granted to such person. RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president or any vice- president and attested and seated (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president or any vice - president or secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attomey-in -fact or agent; or (iii) when duly executed and sealed Of a seal be required) by one or more attomeys•in -fad or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persona. RESOLVED FURTHER that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, AMWEST SURETY INSURANCE COMPANY has caused these presents to be signed by its proper officers, and its corporate seal to be hereunto affixed this 21 day of February 79 89 (D Gary R. Palareon, Presideht Karen G. Cohen. SWIM,,, STATE OF CALIFORNIA, COUNTY OF LOS ANGELES — as On this _ 21 day of February A.D., 19 89 , personally came before me Gary R. Peterson and Karen G. Cohen to me known to be the individuals and officers of AMINEST SURETY INSURANCE COMPANY, CALIFORNIA who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly swom, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. - ..................... r fr ....... KAREN T. MORITA (SEAL) y „ , _ •I^ as,rir orra. a ,as.auurcam,. W rm.n E.a. A4,14. raYd : Nagry PVEUc ............................... STATE OF CALIFORNIA, COUNTY OF LOS ANGELES — as CERTIFICATE I, the undersigned, secretary of the AMWEST SURETY INSURANCE COMPANY, a California corporation, DO 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 By -Laws of the Company and the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. Signed and sealed at PASADENA, CA this 23rd day of June 19 _B9_. AUN- A1e)7IREV M) v�. 0 • .Page .1.2. PRODUCER COMPANIES AFFORDING COVERAGE COMPANY A LETTER COMPANY B INSURED General Procurement & Construction &d ETTER 245 Fischer Avenue, Suite A -9 Costa Mesa, CA 92626 COMPANY C LETTER COVERAGES b f� ��,' =. TFIIS IS TO CE(iTIFYETHAT POLICIES OF'INSURANCELLSTED BELONIHAVE BEEN ISSUED TONE INSURED NAMED ABOVE TOR THELLC PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDTION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CEHnFICATE 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- 00 LT TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE ALL LIMITS IN THOUSANDS GENERAL LIABILITY GENERAL AGGREGATE $ (OCCUPoWCE BASIS ONLY) El COMMERCAL PRODUCTS /COMPLETED $ COMPREHENSIVE OPERATIONS AGGREGATE OWNERS CONTRACTORS ❑ PERSONAL INJURY S CONTRACTUAL FOR SPECIFIC ❑ CONTRACT ❑ PRODUCTS /COMPL OPER ❑ XCU HAZAITDS EACH OOCURANCE $ ❑ BROAD FORM PROP, DAMAGE ❑ SEVERABILITY OF INTEREST FIRE DAMAGE $ CLAUSE (ANY ONE FIRE) ❑ PERSONAL INJURY WITH EMPLOYEE EXCLUSION MEDICAL EXPENSES $ REMOVED (AM ONE PERSON) MARINE AUTOMOBILE LIABILITY COMBINED =` '�- COMPREHENSIVE SINGLE LIMB BODILY INJURY $+ OWNED (PER PERSON BODILY INJURY' $' HIRED (PER ACCIDENT) ❑NON-OWNED PROPERTY E $ � EXCESS LIABILITY �c #�S.s,�,•'xy EACH AGGREGATE F-] UMBRELLA FORM �.,,.` OCCURRENCE OTHER THAN UMBRELLA FORM'•.;�,r' �''" $ $ STATUTORY �.�z;..�<."xic��. a:i W&U` Rg6 WORKERS' COMPENSATION $ EACH ACCIDENT AND $ DISEASE- POLICY LIMIT EMPLOYERS' LIABILITY $ DISEASE - EACH EMPLOYEE LONGSHOREMEN'S AND HARBOR STATUTORY a , W R £, �- WORKERS' COMPENSATION DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES /RESTRICTIONS /SPECIAL ITEMS: ALL OPERATIONS PERFORMED FOR THE CITY OF NEWPORT BEACH BY OR I BEHALF F THE ED INSURED IN CTION TH FOLLOWIN CO von Street mprovementsN Tvers1 e Avenue o Westerly Riverside Avenue Storm Drain, Line C Cliff Drive Park Storm Drain, Phase II C -2715 PROJECT TIRE 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 CITY OF NEWPORT BEACH BY REGISTERED MAIL NEWPORT BEACH, CA. 92658 -8915 ATTENTION: AUTHORIZED REPRESENTATIVE - ISSUE DATE Page 13 CITY OF NEWPORT BEACH AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT It is agreed that: 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 $ per person Bodily Injury Liability $ per accident Property Damage Liability ( ) Combined Single Limit Bodily Injury Liability and Property Damage Liability R 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 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. Avon Street Improvements Riverside Avenue to 300' Westerly Riverside 5. Designated Contract: Avenue Storm Drain, Line C Cliff Drive Park Storm Drain, Phase II (Project Title and Contract No.) - This endorsement is effective at 12:01 A.M. and forms a part of Policy No. of Company Affording Coverage) Insured Endorsement No. Producer By Authorized Representative 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: ( ) Commercial ( ) Comprehensive General Liability S each occurrence 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. Avon Street Improvements Riverside Avenue to 300' Westerly Riverside 7. Designated Contract: Avenue Storm Drain, Line C Cliff Drive Park Storm Drain, Phase II (Project Title and Contract No.) (C-2715) This endorsement is effective at 12:01 A.M. and forms a part of Policy No. Insured Producer of Company Affording overage Endorsement No. By Authorized Representative Page 15 CONTRACT THIS AGREEMENT, entered into this ;v__ day of 190 by and between the CITY OF NE P RT BEACH, hereinafter "Cit and eneral Procurement Construction Co., reinafter "Contractor," i ade with reference to the following facts: (a) City has heretofore advertised for bids for the following described public work: Avon Street Improvements Riverside Avenue to 300' Westerly Riverside Avenue Storm Drain, Line C Cliff Drive Park Storm Drain, Phase II C -2715 Title o 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: Avon Street Improvements Riverside Avenue to 300' Westerly Riversidde Avenue Storm Drain, Line C Cliff Drive Park Storm Drain, Phase II C -2715 Title o -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. '�LVO r8. 2. As full compensation for the performance and completionlof this work as prescribed above, City shall pay to Contractor the sum o — u& Hundred Forty Eight Thousand Seven Hundred Thirty Eight and 50/100 - -- ($ 8,738.50 ).�- 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 (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and documents referenced therein Endorsement(s) T.q 0 (f) Plans and Avenue to 300' West Title of Pro.ie (g) This Contract. 0 Page 16 ial Provisions for Avon Street Improvements Riverside Riverside Avenue Storm Drain, Line �CTlf rive Park orm Drain, Phase II Contract No. C-2715 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. CITY OF NEWPORT BEACH By 10 ,'7"' ayor ATTEST: CITY /E2f*L P0- 0Cj0- G- 04&'Jrr,-' G7Na T. ex of Contractor (Principal) IS4,4-I"f QOVK,+ Vi CE PREs, E. i Authorized Signature and Title Authorized Signature and Title • 6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AVON STREET IMPROVEMENTS RIVERSIDE AVENUE TO 300' WESTERLY RIVERSIDE AVENUE STORM DRAIN, LINE C CLIFF DRIVE PARK STORM DRAIN, PHASE II CONTRACT NO. 2715 INDEX TO SPECIAL PROVISIONS SECTION PAGE I. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 II. CLASSIFICATION OF CONTRACTORS LICENSE . . . . . . . . . . . . . . . 1 III. TIME OF COMPLETION AND SCHEDULE OF WORK . . . . . . . . . . . . . 1 IV. PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 V. WORK HOURS . . . . . . . . . . . . . . . . . . . . . . . . 2 VI. PUBLIC CONVENIENCE AND TRAFFIC CONTROL . . . . . . . . . . . . . . 2 A. Traffic Control Plans 2 B. "No Parking, Tow - Away" Signs 3 VII. GROUND WATER . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 VIII. AVON STREET DRAINAGE DITCH . . . . . . . . . . . . . . . . . . . . 3 IX. UTILITY SERVICE . . . . . . . . . . . . . . . . . . . . . . . . . . 4 X. CONSTRUCTION SURVEY STAKING . . . . . . . . . . . . . . . . . . . 4 XI. CONSTRUCTION DETAILS . . . . . . . . . . . . . . . . . . . . . . . 4 A. Removals . . . . . . . . . . . . . . . . . . . . . . . . 4 B. Permeable Subbase. . . . . . . . . . . . . . . . . . . . 5 C. P.C.C. and A.C. Improvements . . . . . . . . . . . . . . . . . 5 D. Big Bell Rubber Gasket RCP . . . . . . . . . . . . . . . . . . 5 E. Street Lighting . . . . . . . . . . . . . . . . . . . . . . . . 5 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS iSP 1 of 5 AVON STREET IMPROVEMENTS- RIVERSIDE AVENUE TO 300' WESTERLY RIVERSIDE AVENUE STORM DRAIN, LINE C CLIFF DRIVE PARK STORM DRAIN, PHASE II CONTRACT NO. 2715 I. SCOPE OF WORK The work to be done under this contract includes, but is not limited to (1) dewatering and excavating for and constructing a storm drain in Avon Street, Riverside Avenue and Cliff Drive Park; (2) constructing street improvements in Avon Street; and (3) performing all other itmes of work as necessary to complete the work in place. All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions, (2) the Plans (Drawing Nos. R- 5581 -S, D- 5181 -S, and D- 5191 -S, (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, 988 Edition); an 4 the tan ar Specifications for Pu is Wor s Construction, (1988 Edition, including Supplements). opies of the Ma:rd Special Provisions and Standard Drawings may be purchased at t e u is Wor s Department or Five Dollars 5.00). Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, telephone (213) 202 -7775. II. CLASSIFICATION OF CONTRACTORS LICENSE At the time of award the Contractors shall possess a General Engineering Contractor A license, or a Specialty Pipeline Contractor C -24 license. III. TIME OF COMPLETION AND SCHEDULE OF WORK The Contractor's schedule of work shall satisfy.the following requirements: A. All work under this contract shall be completed by September 8, 1989. B. All construction in Avon Street, except dewatering but including curb returns at Riverside Avenue and storm drain construction downstream of Station 19 +58.75, shall be completed within 19 consecutive calendar days. Avon Street may be entirely closed to vehicular or pedestrian use during this period of time. Dewatering operations may proceed prior to this period of time provided that the operations do not interfere with vehicular or pedestrian use of Avon Street. • • SP 2 of 5 C. During construction in Avon Street, except dewatering but including curb returns at Riverside Avenue and storm drain construction downstream of Station 19 +58.75, the Contractor's operations shall not interfere with vehicular or pedestrian access to businesses from Riverside Avenue, nor restrict or occupy pedestrian walkways or vehicular parking along Riverside Avenue. D. During storm drain construction upstream of Station 19 +58.75, the Contractor's operations shall not interfere with vehicular or pedestrian access to businesses from Avon Street, nor restrict or occupy pedestrian walkways or vehicular parking along Avon Street or along Riverside Avenue southerly of Avon Street. E. The Contractor shall ensure the availability of all materials prior to the start of work. Unavailability of materials will not be sufficient reason to grant the Contractor an extension of time. F. No work shall begin until a schedule of work has been approved by the Engineer. The Contractor shall submit his proposed schedule of work per Standard Specifications Section 6 -1 and Standard Special Provisions Section 2 -1.4. IV. PAYMENT The unit price bid for each item of work shown on the proposal shall be considered as full compensation for all labor, equipment, materials, and all other things necessary to complete the work in place, and no additional allowance will be made therefor. Payment for incidental items of work not separately provided for in the proposal (i.e., removals, excavation, sawcutting, patchback, protecting property corners, dewatering, etc.) shall be included in the unit price bid for related items of work. Partial payments for Mobilization shall be made in accordance with Section 10264 of the California Public Contract Code. V. LIQUIDATED DAMAGES Commencing September 9, 1989, the Contractor shall pay to the City, or have withheld from monies due the Contractor, the daily sum of $500 in lieu of the daily sum of $100 specified in Section 6 -9 of the Standard Specifications. In addition, the Contractor shall pay to the City, or have withheld from monies due the Contractor, the daily sum of $1000 for each calendar day of closure of Avon Street, including new parking area, in excess of the 19 consecutive calendar days specified in Section III.3 herein. VI. WORK HOURS City ordinance limits working hours (including equipment maintenance) to Monday through Friday from 7:00 a.m. to 6:30 p.m. and Saturday from 8:00 a.m. to 6:00 p.m. No work shall be performed on Sundays or holidays. VII. PUBLIC CONVENIENCE AND TRAFFIC CONTROL A. Traffic Control Plans 0 SP 3 of 5 The Contractor shall submit to the Engineer traffic control plans which incorporate the following: 1. Two 15 -foot minimum width traffic lanes and one 6 -foot width westerly sidewalk shall be maintained clear of obstruciton at all times during construction of storm drain in Riverside Avenue. 2. The location and wording of all signs, barricades, delineators, lights, warning devices, temporary parking restrictions, and any other details required to assure that all traffic will be handled in a safe and efficient manner with a minimum of inconvenience to motorists and pedestrians. 3. A complete and separate plan for each phase of construction shown in the proposed construction schedule showing all items listed under 2. above. Traffic control plans shall be prepared in accordance with the WATCH handbook. No work shall begin until traffic control plans have been approved by the Engineer. B. "NO PARKING, TOW- AWAY" Signs Wherever the Contractor's work will require a temporary prohibition of parking during construction, the Contractor shall furnish, install, and maintain in place "NO PARKING" signs which he shall post at least 40 hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division at (714) 644 -3740, for verification of posting at least 40 hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimension of 12 inches wide and 18 inches high; and (3) be similar in design and color to sign number R -38 on the Caltrans Uniform Sign Chart. The Contractor shall print the hours, day and date of "NO PARKING" in 2- inch -high letters and numbers. A sample of the completed sign shall be approved by the Engineer prior to posting. VIII. GROUND WATER The Contractor will probably need to dewater along Avon Street in order to facilitate storm drain pipe installation and pavement construction. Such work may begin in advance of Avon Street closure as provided for in Section III.b herein. The Contractor shall factor all costs for dewatering into his unit prices for 24" RCP (installation only). • 0 SP4of 5 IX. AVON STREET DRAINAGE DITCH The Contractor shall not contaminate the water nor remove or damage plants growing from Avon Street drainage ditch except as minimumally necessary to construct the specified improvements. X. UTILITY SERVICE Construction water may be obtained from certain nearby City fire hydrants by making arrangements with the City Utilities Department, telephone (714) 644 -3011. If the Contractor desires to use City water he shall arrange for a meter and tender a $500 meter deposit with the City. Upon return of the meter in good condition to City, the deposit will be returned to the Contractor, less a quantity charge for water usage. CONSTRUCTION SURVEY STAKING Field surveys for control of construction shall be the responsibility of the Contractor. All such surveys, including construction staking, shall be under the supervision of a California registered civil engineer or licensed surveyor. Staking shall be performed on all items ordinarily requiring grade and alignment at intervals normally required by the complexity or grades of the work, or by the trades involved. Payment for construction survey staking shall be considered as included in the various items of work and no additional allowance will be made therefor. If the Contractor disturbs a property corner, it shall be his responsibility to reinstall the property corner, and no additional allowance will be made therefor. XI. CONSTRUCTION DETAILS A. Removals This work shall be performed in accordance with the applicable requirements of the Standard Specifications, except as modified herein: 1. Joins to existing pavement shall be made by sawcutting. 2. Existing P.C.C. or A.C. improvements to be removed shall be sawcut at minimum two (2) inches deep along property lines and join lines as shown on the plans. Final removal at the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Final removal accomplished by other means, such as hard -blow pavement breakers and stompers, shall be approved by the Engineer. B. Permeable Subbase 0 SP 5 of 5 If required by the Engineer at time of construction, permeable subbase shall be installed along Avon Street. Permeable subbase shall be either 3/4" crushed rock or coarse crushed miscellaneus base, at the Contractor's option. C. P.C.C. and A.C. Improvements This work shall be performed in accordance with the applicable requirements of the Standard Specifications except as modified herein. 1. Street pavement section shall be 1" AC type III- C3- AR4000 over 3" AC type III- B2- AR4000 over 8" CAB. 2. Parking lot pavement section shall be 3" AC Type III -B2 -AR 4000 over 4" CAB. 3. Concrete improvements shall be constructed with Class 560 -C -3250 concrete. Exposed concrete surface shall conform in grade, dimension, color and finish to adjoining P.C.C. improvements. D. Big Bell Rubber Gasket RCP The City has on order with Hydro Conduit Corporation (Sales Order No. 89 -051) 300 linear feet of 12' x 24" RCP 2000 -D BBRG. The Contractor shall arrange for delivery of this pipe by contacting Bob Fisher of Hydro Conduit at (714) 735 -2420. The City has paid all costs for fabrication and delivery. E. Street Lighting Street lighting shall be constructed in accordance with Plan No. R- 5581 -S and City Standards 200 -L, 204 -L and 205 -L. Street light will have a direct feed from a Southern California Edison Company pole within 2P diameter PVC conduit installed by the Contractor. The Edison Company will pull conductors to the street light standard pull box and energize the circuit. STATE P.O. BOX 807, SAN FRANCISCO, CA 94101 -0807 COMPENSATION I N S U R A N C E FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE JUNE 28, 19&9 POLICYNUMBER: 1016719 — 89 CERTIFICATE EXPIRES: 5- 1 —9 D r CITY OF NEWPORT BEACH BUILDING & SAFETY DEPART; "ENT 3300 NEWPORT BOULEVARD, P.O. BOX 1758 NEWPORT BEACH JOB: AVON) STREET It4PROVEINENT CALIFORNIA 92658 -8915 L This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California _ Insurance Commissioner to the employer named below for 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 policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to the terms, exclusions and conditions of such policies. PRESIDENT ENDORSEtiEP!T #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 05/28/89 IS ATTACHED TO AND FORtiS A PART OF THIS POLICY. NAt'E OF ADDITIONAL INSURED: CITY OF NEWPORT BEACH r L EMPLOYER GENERAL P RCCU.2Eid'E iT -dS FISCUER", AVENUE u CC iST.RUCTICt; „ PAtiY, I %vC. SCIF 10262 (REV. 10-86) OLD 262A PRODUCER LSW INSURANCE SERVICES, INC. 12100 WILSHIRE BLVD., #M -70 LOS ANGELES, CA. 90025 CODE INSURED SUB -CODE GENERAL PROCUREMENT AND CONSTRUCTION 245 FISHER AVENUE, #A -9 COSTA MESA, CA. 92626 ISSUE DATE (MM /DD/YY) 08/04/89..... " THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE COMPANY A LETTER COMPANY B LETTER COMPANY `, LETTER COMPANY D LETTER TRANSCONTINENTAL INSURANCE CO. OF N.Y. TRANSPORTATION INSURANCE / J' COMPANY E LETTER .COVERAGEB. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED W INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCL CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION _TR DATE (MM /DDIYY) DATE (MM /DD/YY) f LLB: rir 16\ PuBi AUG 0 71969 ALL TO GENERAL LIABILITY GENERAL AGGREGATE $ 2,000, X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR. X OWNER'S& CONTRACTOR'S PROT. AUTOMOBILE LIABILITY X ANY AUTO X ALL OWNED AUTOS B X SCHEDULED AUTOS X .HIRED AUTOS X NON -OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY OTHER STATUTORY $ (EACH ACCIDENT) $ (DISEASE — POLICY LIMIT) $ (DISEASE —EACH EMPLOYE DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES /RESTRICTIONS /SPECIAL ITEMS AVON STREET IMPROVEMENTS RIVERSIDE AVENUE TO 300 WESTERLY RIVERSIDE AVENUE STORM DRAIN, LINE C / CLIFF DRIVE PARK STORM DRAIN, PHASE II. CITY OF NEWPORT BEACH ATTENTION: LLOYD DALTON P.O. BOX 1768 NEWPORT BEACH, CA. 92658 -8916 (cancellation notice to be mailed by certified mail.) .. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL W&VOUX78 MAIL 30 DAYS WRITT N NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Kax 94X9VFlNX9FRI X XNFKXN(9A�XXNA(RR94A9PX9PXRR KQA9l7XIX11 X�9( x919( XANI9t yF /XXIXY%IIggRJ€XMXi€ KW-OX9(M LEON LEWIN PRODUCT SCOMP /OPS AGGREGATE $ 11000, &ADVERTISINGINJURY $ LSWBOUND0598 05/08/89 05/ 08 /90 ',PERSONAL 1,000, . EACH OCCURRENCE $ 1,000., FIRE DAMAGE (Any one fire) $ . 50, . MEDICAL EXPENSE (Any one person) $ 5, ' COMBINED SINGLE $ 11000, LIMIT BODILY INJURY $ LSWBOUND0599 05/08/89 ! 05/08/90 (Per person) BODILY INJURY $ (Per accident) . PROPERTY $ DAMAGE EACH AGGREGATE OCCURRENCE S $ STATUTORY $ (EACH ACCIDENT) $ (DISEASE — POLICY LIMIT) $ (DISEASE —EACH EMPLOYE DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES /RESTRICTIONS /SPECIAL ITEMS AVON STREET IMPROVEMENTS RIVERSIDE AVENUE TO 300 WESTERLY RIVERSIDE AVENUE STORM DRAIN, LINE C / CLIFF DRIVE PARK STORM DRAIN, PHASE II. CITY OF NEWPORT BEACH ATTENTION: LLOYD DALTON P.O. BOX 1768 NEWPORT BEACH, CA. 92658 -8916 (cancellation notice to be mailed by certified mail.) .. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL W&VOUX78 MAIL 30 DAYS WRITT N NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Kax 94X9VFlNX9FRI X XNFKXN(9A�XXNA(RR94A9PX9PXRR KQA9l7XIX11 X�9( x919( XANI9t yF /XXIXY%IIggRJ€XMXi€ KW-OX9(M LEON LEWIN JUN- 20 —E19 ...1:' :EN PROC URE M r'—�'? CONST 1 �1 tr1 p�' Vid 6. M, fi4Yi �• r4 OfjNEWPORT i�.' :EN PROC URE M r'—�'? CONST 1 �1 V ? fi4Yi �• r4 OfjNEWPORT BEACH ,P. 04 Page 13 AUTOMOBILE LIABILITY.`INSURANCE ENDORSEMENT_ It is agreed that: 't 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 insureds) shall apply as pprimary 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 oG',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 f,` Limits or Si�gle;Limi,ts; ` s it (` );Multiple limits " ,T.Bodily In,�ury'Liabllity.. $ per person ,{BOd1lyalnjy Liability S per accident propert Damage i llabil,ity S Yy ¢ ( Combingd S11 to t `)? f Bodilyl jury liability Property.;-Damage Liability $ 1.000.000 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 Automobilo',Liability Insurance. 4. Should the policy be non - renewed, cancelled or coverage reduced before the expiration Bete thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mall, Attention: Public Works Department.! Avon Street Improvements Riverside Avenue to 300 Westerly Riverside 5. Designated Contract: Avenue Storm Drain, Line C Cliff Drive Park Storm Drain, Phase II AFrojeCt Title nd Contract o. This endorsement is effectiNe' 05/21/89 at 12;01 A.M. and forms a part of i4i Policy.NO. InsuredG&Xg Producer is '.l WBOUND059 9 o CNBL INSU TRAN P ompany or ng overage T. PRnrt1RFMF.NT & CONSTRUrTI0NEndOr3emen U,NOi / �e w IA. i • n+ V.:. JUN 20 S9; yh , It istagreed that: U 21 �GEN.' PROCURE ' C 0 H S T 1,.11 • CITY4V NEWPORT BEACH. GENERAL`LIABILITY INSURANCE ENDORSEMENT a� P..06 Page 14 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 insureds) shalt apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be tailed upon to :.contribute .with insurance provided.by this.policy.:� ;, ; a xb • „ 2., The policy` includes `the,;folIowing'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�.gs. "XCU" hazards) are deleted. S. The limits of liability under this endorsement for the additional insureds) named in Paragraph 1.;,of this - 'endorsement shall be the limits indicated below written•on an MOccurrenea "ibasiss" Commercial, (X) Comprehensive Genera L ability S 11000.000 each occurrence i $ 2.000.000 aggregate IN id Thq 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)X 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 a cess'of the limits of liability stated in the policy as applicable to General LisbflltyhIns Lance. 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, Attentions Public Works Department, ..':'Avon Street Improvements Riverside Avenue to 300' Westerly Riverside 7. Designated Contract: 'Avenue Storm Drain Line C Cliff Drive Park Storm Drain Phase 11 E t, _,; ro ec a an on rat o. This:�ondorsement .is off ed«t1ve 06121189 at 12:01 A.M. and forms a part of Policy No.,, r Gwsotnanos4s of x omp or g any overage Insured' GE sement No By .7 • TO: CITY COUNCIL FROM: Public Works Department *ne 26, 1989 CITY COUNCIL AGENDA ITEM N0. F -3(a) lY TP- I ITY i;OUNCIL CITv )i : EWPO7'LACK JUN 2 6 1989 APPROVED SUBJECT: AVON STREET IMPROVEMENTS - RIVERSIDE AVENUE TO 300 FEET WESTERLY; RIVERSIDE AVENUE STORM DRAIN, LINE C; AND CLIFF DRIVE PARK STORM DRAIN, PHASE II - (C -2715) RECOMMENDATIONS: Award Contract No. 2715 to General Procurement & Construction Co., Inc. for the total bid price of $248,738.50 and authorize the Mayor and the City Clerk to execute the contract. DISCUSSION: At 11:00 A.M. on June 15,1989, the City Clerk opened and read the following bids for this project: Bidder Total Bid Price Low General Procurement & Const. Co., Inc. $248,738.50 2 Gillespie Construction, Inc. 249,469.75 3 George Dakovich & Son, Inc. 274,906.00 4 Excel Paving Company 302,894.00 5 Clarke Contracting Corporation 335,731.60 6 John T. Malloy and John T. Malloy, Inc. Not Totaled ** * Corrected Total Bid Price is $274,916.00 ** Totaled bid price is $348,450.00 The total bid price is 17% above the Engineer's Estimate of $212,000. The disparity between the estimated and bid amounts is attributed to higher- than -usual unit prices caused by tight scheduling requirements in the contract. The low bidder, General Procurement & Construction Company, Inc., has not performed previous contracts for the City; however, General Procurement is properly licensed and has no pending actions detrimental to the license. They have sucessfully performed public works projects for other agencies and for developers. This contract provides for the extension of the Riverside Avenue Storm Drain and for the improvement of Avon Street adjacent to the Riverside Avenue post office parcel (see attached exhibit). The storm drain and street improvements will connect to existing improvements which were built along Avon Street during 1988, and will extend easterly to Riverside Avenue. The storm drain will continue up Riverside Avenue to Cliff Drive to collect drainage from Cliff Drive and Newport Heights. ('3�) ' Subject: Avon Street 1provements - Riverside Avenue tOOO Feet Westerly; Riverside Avenue Storm Drian, Line C; and Cliff Drive Park Storm Drain, Phase II (C -2715) June 26, 1989 Page 2 • There are presently no drainage facilities in this area; therefore, as the result of intense rainstorms, Riverside Avenue and Pacific Coast Highway have on many occasions become silted and flooded to the extent that partial street closures were necessary. The completion of this project will reduce the potential for such flooding in the future. The project is to be constructed in two phases, such that all work is completed in Avon Street prior to the start of storm drain Work up Riverside Avenue. In this manner the Contractor's work will maintain a reasonable amount of access to parking areas and to businesses, yet enable project completion prior to the start of school. Once school resumes in the fall, staff intends that work be completed so that bicycle trails may be reopened in Riverside Avenue. The contract provides for liquidated damages assessment of $500 per each calendar day delay in completion of contract beyond September 8, 1989. Since the storm drain and street improvements in Avon Street will require closure of Avon Street, circulation patterns in the Mariners Center and restaurant building parking lots must be modified during the term of contract. • Staff has met with representatives from the post office, the Mariners Center management company, the Stuft Noodle restaurant, and the restaurant building's management company to discuss these issues. The contract provides for liquidated damages assessment of $1,000 per each calendar day of Avon Street closure in excess of the 19 days allowed by the contract. Funds for award are proposed from Account No. 02- 3397 -449, Avon Avenue Street Improvements. Plans and specifications were prepared by staff and by K.W. Lawler and Associates, Inc. Barring unforeseen circumstances, work should start soon after July 4th and be completed by the start of school. Benjamin B. Nolan Public Works Department LD:so • Attachment • • • 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AVON STREET IMPROVEMENT RIVERSIDE AVE. STORM DRAIN CLIFF DRIVE PARK STORM DRAIN APPROVED C -2715 DATE MAY IS. 1989 PUBLIC WORKS DIRECTOR DRAWING NO. 4 • • C 022, 1989 CITY CY :F'- JTY 'OUNr,�LTEM CITY )' 'i- LWP03T 311,'!0 MAY 2 2 1989 TO: CITY COUNCIL FROM: Public Works Department COUNCIL AGENDA NO. F -11 SUBJECT: AVON STREET IMPROVEMENTS - RIVERSIDE AVENUE TO 300 FEET WESTERLY; RIVERSIDE AVENUE STORM DRAIN, LINE C; AND CLIFF DRIVE PARK STORM DRAIN, PHASE II - (C -2715) RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Affirm the Negative Declaration. Authorize the at DISCUSSION: This contract provides for the extension of the Riverside Avenue Storm Drain and for the improvement of Avon Street adjacent to the Riverside Avenue post office parcel. The storm drain and street improvements will connect to existing improvements which were built along Avon Street during 1988, and will extend easterly to Riverside Avenue. The storm drain will continue up Riverside Avenue to Cliff Drive to collect drainage from Cliff Drive and Newport Heights. There are presently no drainage facilities in this area; therefore, as the result of intense rainstorms, Riverside Avenue and Pacific Coast Highway have on many occasions become silted and flooded to the extent that street closures were necessary. The completion of this project will assure that such silting and flooding do not occur during future years. The project is to be completed in Avon Street prior Avenue. In this manner the Co of access to parking areas and prior to the start of school. that work be completed so that Avenue. constructed in two phases, such that all work is to the start of storm drain work up Riverside itractor's work will maintain a reasonable amount to businesses, yet enable project completion Once school resumes in the fall, staff intends bicycle trails may be reopened in Riverside Since the storm drain and street improvements in Avon Street will require and approximate 3 -week closure of Avon Street, circulation patterns in the Mariners Center and restaurant building parking lots must be modified during the term of contract. Staff has met with representatives from the post office, the aariners Center management company, and the Stuft Noodle restaurant, and the restaurant building's management company to discuss these issues. The representatives and staff will prepare and distribute advance notification to tenants as soon as the Contractor's schedule of work is known. i Subject: Avon Street Imovements - Riverside Avenue to t0 Feet Westerly; Riverside Avenue Storm Drian, Line C; and Cliff Drive Park Storm Drain, Phase II (C -2715) May 22, 1989 Page 2 • The Engineer's Estimate is $212,000.00. Funds are available in the current appropriations for the improvement of Avon Street and the construction of Riverside Avenue Storm Drain, Phase 3. Plans and specifications were prepared by staff and by K.W. Lawler and Associates, Inc. Barring unforeseen circumstances, work should start soon after July 4th and be completed by the start of school. A Negative Declaration of Environmental Impact has been prepared by staff and approved by the Environmental Affairs Committee. Upon affirmation, the document will be published in a local newspaper and filed with the Clerk of the Board of Supervisors. O"a Benjamin B. Nolan Public Works Director LD:so Attachment • ,I I • :7 3 .4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT AVON STREET IMPROVEMENT RIVERSIDE AVE. STORM DRAIN CUFF DRIVE PARK STORM DRAIN C -2715 DATE MAY IS. 1989 APPROVED PUBLIC WORKS DIRECTOR R.E. NO. DRAWING NO. EXHIBIT. n L� Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County. California. Number A -6214, dated 29 September. 1961, and A- 2!631, dated 11 June. 1963. STATE OF CALIFORNIA County of Orange .utd, "I. Ad~.$" " '" .011E.M ,r M M i p 1 .11% le me cok N .1e111 I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the Orange Coast DAILY PILOT, with which is combined the NEWS - PRESS, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange. State of California, and that a Notice of Tnvi ti rg Ri`1c of which copy attached hereto is a true and complete copy, was printed and published in the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said newspaper for 2 tiiries consecutive weeks to wit the issue(s) of 1982_ 198 9 198- 198- 198— I declare, under penalty of perjury, that the foregoing is true and correct. Executed on r9ay 26 198 9 at Costa Mesa, Cal /ifornia. G r reef -- Signature • MIC NOTICE . NOTICE.- - INVITING 61DS - Sewed bids may tie re- PROOF OF PUBLICATION a by - tit. city 1 22nd, day of aAO&O,city