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Home My WebLink AboutC-2723 - Construction of Newport Beach Refuse Transfer StationCIT?OF NEWPORT BEACH' December 21, 1989 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Hines Construction 30011 Ivy Glenn Drive Laguna Niguel, CA 92677 (714) 644 -3005 Subject: Surety: Explorer Insurance Company Bonds No.: 113 42 51 Contract No.: C -2723 Project: Construction of Newport Beach Refuse Transfer Station 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 of Completion 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- 661831. Sincerely, Wan�agg.10 City Clerk WER:pm cc: Public Works Department 3300 Newport Boulevard, Newport Beach RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk ��?��21'�� City of Newp rt Be h 3300 Newport Boulevard Newport Beach, CA 92663 • 89=66!831 'EREMPT RECORDING REQUEST PER RECORDED IN OFFICIAL RECORDS GOVERNMENT CODE 6103 OF ORANGE COUNTY, CALIFORNIA NOTICF. OF COMPLETION pm DEC 61989 a4 Q•Ya+*elu RECORDER PUBLIC WORKS Rf�f�VfGI 'I o All Laborers and Material Men and to Every Other Person Interested DES I9 1989 c ct4 YOU WILL PLEASE TAKE NOTICE that on October 27, 1989 TOF-ft the Public Works project consisting of Construction of Newport Beach Refuse Transfer_ Station (C -2723) on which Hines Construction, 30011 Ivy Glenn Drive Laguna Niguel, CA 92677 was the contractor, and Explorer Insurance Company, 1890 N. Carey Avenue, Pomona, _ was the surety, was completed. CA, 91767 VERIFICATION I, the undersigned, say: JC1:OF NEWP RT BFACH Public 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. �� Public forks 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. City Clerk c�41 NAP .., �;s r �: 0 Ovember 27, 1989 CITY COUNCIL AGENDA .11 ::OUNC(tTEM NO._ F -15 TO: CITY COUNCIL NOV 2 7 1989 TiD1:. p FROM: Public Works Department ATs SUBJECT: ACCEPTANCE OF REFUSE TRANSFER STATION AT THE CITY CORPORATION YARD CONTRACT NO. 2723 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. DISCUSSION: The contract for the construction of the Refuse Transfer Station at the City Corporation Yard has been completed to the satisfaction of the Public Works Department. • The bid price was $214,044.00 Amount of unit price items constructed 214,044.00 Amount of change orders 31,290.23 Total contract cost $245,334.23 Three Change Orders were issued. The first, in the amount of $19,165.66, provided for removal and disposal of a large quantity of debris from the original City dump which was encountered during excavation for the wall footings. It also provided for removal of an existing wall and catch basin undermined as a result of the debris excavation. The second, in the amount of $4,987.02, provided for extending the retaining walls to provide greater clearance for the refuse trailers. The third, in the amount of $7,137.55, pro- vided for additional backfill in the area excavated under Change Order No. 1, galvanizing of the drainage grates and reconstruction of an existing storm drain. Funds for the project were budgeted in the General Fund, Account No. 02- 5097 -451. The contractor is Hines Construction of Laguna Niguel. • The contract date of completion was June 13, 1989. The completion was delayed because of the changed conditions encountered and the resultant extra work, with the majority of the work completed by August. After the refuse bins had been rehabilitated by the City, they were installed and the remaining work completed by October 27, 1989. Benjamin B. Nolan Public Works Director PD:so I / i 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: April 13, 1989 SUBJECT: Contract No. 2723 Description of Contract Construction of Newport Beach Refuse Transfer Station Effective date of Contract April 13 1989 Authorized by Minute Action, approved on March 13, 1989 Contract with Hines Construction Address 30011 Ivy Glenn Drive Laguna Niguel CA 92677 Amount of Contract $214,044.00 "14a�e' s lel7e Wanda E. Raggio City Clerk WER :pm Attachment 3300 Newport Boulevard, Newport Beach ''•• '�• • CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 until 11:00 AM on the 15thday offebruarv, 1988, at which time such bids shall be opened and read for CONSTRUCTION OF NEWPORT BEACH Title of Pi owe u 2723 Contract No. $221,000 Engineer's Estimate • �z Approved by the City Council this 9th day of January , 1988. 6Aa fArd- Wanda E. Raggio City Clerk AT Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915. For further information, call KPnnath PPrry at 664 -3311. Project Manager "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 accor- dance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Da to �— i J 4hlya5 IDN�TLU n �,y Contractor CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONSTRUCTION OF REFUSE TRANSFER STATION CONTRACT NO. 2723 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 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL 0 CONSTRUCTION OF REFUSE TRANSFER STATION CONTRACT NO. 2723 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P. 0. Box 1768 Newport Beach, CA 92658 -8915 Gentlemen: PR I..1 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. M- 5282 -S, consisting of 8 sheets), and Special Provisions, and hereby proposes to furnish all labor and materials and do all the work required to complete this Contract No. 2723 in accordance with the Plans and Special Provisions, and will take in full payment therefor the following lump sum price for the work, complete in place, to wit: ITEM QUNNTITY ITEM D SCRIPTION sNIT TOTAL N0. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Construct Refuse Transfer Station, complete in place, for the lump sum price of: Two Hundred @Fourteen Thousand Forty- Four - - - - -- -Dollars and No --------- _------------------------ - -Cents Lump um� ��. TOTAL PRICE WRITTEN IN WORDS Two Hundred Fourteen Thousand Forty - Four ------------ _Dollars and No---------------------------------- --- ---- ---- - - - - -- -Cents February 15, 1989 Date (714) 249 -1971 Bidder's Telephone Number Hines _Construction __________ 67 dder s Gre Staley Owner Authorized Signature /Title $214,044.00 $_214,044 00 __ 551121 A 30011 Ivv Glenn Drive yLuna Niguel * -CA 92677 Contractor's License No. & Classification Bidder's Address • CITY OF NEWPORT BEACH • Page 2 PUBLIC WORKS DEPARTMENT CONTRACT 2723 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 (IN A SUM NOT LESS THAN 10% OF THE TOTAL 810 PRICE) ISSUED BY AN ADMITTED CORPORATE SURETY INSURER WHO HOLDS A CURRENT VALID CERTIF- ICATE OF AUTHORITY TO TRANSACT SURETY INSURANCE IN THE STATE OF CALIFORNIA ISSUED BY THE INSURANCE_ COMMISSIONER OF THE STATE OF CALIFORNIA. 5. NON - COLLUSION AFFIDAVIT 6. TECHNICAL ABILITY AND EXPERIENCE REFERENCE except that cash, certified check or cashier's check (in the amount of 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. Bidders must hold a class "A" license in accordance with the provisions of Chapter 9, Division III, of the Business and Professions' Code. The low bidder shall also be required to obtain a City of Newport Beach business license prior to execution of the contract. Bids are to be compared based upon the total lump sum price bid to complete the contract. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. The City shall not be held responsible 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 the President or Vice- President. For partnerships, 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. 551121 A Contr's Lic. No. & Classification February 15, 1989 ate Hines C_o_nstruc_t_io_n__ Bidder s /Greg Staley, Owner _ Authorized Signature /Title • • Page 3 DESIGNATION OF SUBCONTRACTOR(S) The undersigned certifies that he has used bid(s) of the following listed subcontractor(s) in making up his bid,and that the subcontractor(s) listed will be used for the work for which they bid, subject to the approval of the Engineer and in accordance with the applicable provisions of the Specifications. No change of subcontractor may be made except with the prior approval of the Engineer and as provided by State law. Subcontract Work Subcontractor Address 1. Asphalt Paving Oliver Contracting Costa Mesa. CA 2. Crane Work R E Coulter Crane Rental Long Beach, CA _ 3. 4. 5. 6. 7. 8. 9. 10. -- 11. — 12. Hines Construction Bidder s /Gre Stale Owner uthorized Signature Tit e • • Page 4 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, Hines Construction , as bidder, and Explorer Insurance Company , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten Percent of the Amount Accompanying Bid NTE $30,000Dollars ($ NTE $30,000 ), 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 REFUSE TRANSFER STATION 2723 Title of Project Contract No. in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver to said City the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) from the date of the mailing of contract documents for execution to the above bounden bidder by and from said City, then this obligation shall become null and void; otherwise it is and shall remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any bidder above named executed this bond as an individual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we.hereunto set our hands and seals this 13th day of February , 1989 . (Attach acknowledgement of Attorney -in -Fact) s /Cathy Rampenthal Notary Public Commission Expires: Jan. 5, 1993 Hines Construction Bidder s /Greg Staley, Owner _ Authorized Signature /Title Explorer Insurance Company Surety By Jay P. Freeman 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 arrange- ment or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever; or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the bidder from con- sidering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be sug- gested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomso- ever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Hines Construction Bidder s /Greg Staley, Owner Authorized Signature /Title Subscribed and sworn to before me this 15th day of February , 1989 . My commission expires: September 5, 1989 s /Patricia L. Neibert Notary Public 0 • Page 6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No. See Oriainal List (2 Daoes Hines Construction Bidder s /Greg Staley, Owner Authorized Signature /Title • CITY OF NEWPORT BEACH • PUBLIC WORKS DEPARTMENT CONSTRUCT REFUSE TRANSFER STATION CONTRACT NO. 2723 ADDENDUM NO. 1 February 2, 1989 BIDDERS shall propose to complete Contract No. 2723 in accordance with the contract documents as modified by this addendum. SPECIFICATIONS: 1. The City will pay all connection fees charged by the County Sanitation Districts of Orange County. The Building Permit and the Class II sewer permit have been obtained. 2. The sewer connection permit from the County Sanitation Districts has been applied for. 3. The City will pay for registered deputy inspectors when required by the Building Code. 4. Inspection and testing of materials shall be as specified in Section 4 of the Standard Specifications. The City will provide all inspection and testing laboratory services within 50 miles of the geographical limits of the City. 5. Sandblasting and painting of the hoppers is not included in the contract. PLANS: 1. No fire hose will be included in the contract. 2. Existing asphalt concrete pavement to be removed varies in thickness from 3 inches to 5 inches. 3. A 120 volt electrical power will be available at the southeasterly corner of the rubbish bin northerly of the refuse transfer station. GENERAL: 1. Copies of the soils report are available from the General Services Department upon request. Please call the General Services Department at (714) 644 -3055. i Addendum No. 1 Contract No. 2723 February 2, 1989 Page 2 2. The location of the project is 592 Superior Avenue, Newport Beach, California. The site may be inspected during normal working hours. If you desire someone from the General Services Department to accompany you during your inspection, please call their office. 3. Existing hoppers that are to be installed on top of the reinforced concrete walls weigh approximately 9 tons each. They were delivered to the City and were cut down in size and rewelded by R.F. Coulter Crane Rental, Inc., of Long Beach, California. Please sign and date this Addendum and attach it to your bid proposal. No bid will be considered unless this Addendum is attached. Kenneth L. Perry Project Engineer I have carefully examined this addendum. Hines Construction Bidder's Name s/Greq Staley Authorized Signature February 15, 1989 iate-- 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 Bonds and Insurance Bonds shall be issued by an admitted corporate surety insurer holding a current Certificate of Authority from the Insurance Commissioner of the State of California to transact surety insurance in the State of California; and is on the 1988 Edition of the Treasury List (Circular 570 of the U.S. Treasury Department). INSURANCE COMPANIES shall be (1) licensed to conduct business in California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VIII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property- Casualty. Coverages shall be provided for all TYPES OF INSURANCE checked on the CERTIFICATE OF INSURANCE. All costs associated with the specifications of these contract documents shall be absorbed in the bid. Such specifications shall include those contained in (1) each contract document and (2) the Standard Specifications for Public Works Construction (latest edition adopted for use in the City of Newport Beach), except as supplemented or modified by the Special Provisions for this project. 0 *D #113 42 51 Page 8 PREMIUM: SEE PERF BOND _ 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 March 13, 1989 has awarded to Hines Construction hereinafter designated as the "Principal ", a contract for CONSTRUCTION OF REFUSE TRANSFER STATION (C -2723) i in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his or its subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We HINES CONSTRUCTION as Principal, and EXPLORER INSURANCE COMPANY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of TWO HUNDRED:FOURTEEN THOUSAND FORTY -FOUR AND NO /100 - - - - -- Dollars ($214,044.00- - - - -), 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 to be made, we bind ourselves, our heirs,'executors and administrators, successors, or assign's, jointly and severally, firmly by.these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his subcontractors, fail.to pay for any materials, provisions, or other supplies, used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind or for amounts due under the Unemploy- ment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. The bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon Page 9 Payment Bond (Continued) 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 29TH day of MARCH , 19 89 HINES CONSTRUCTION Seal) Name of Contractor Principal AjotfttAsignature and Title Authorized Signature and Title EXPLORER INSURANCE COMPANY (Seal). Name of Surety 1890 N. GAREY AVENUE, POMONA, CA 91767... <' e ROBERT J. GULF, ATTORNEY -IN -FACT dress of gent elephone No. of Agent I ttttitY!!•••• iYY• titiitiil tiitii+ YttYttitYit ltt!!!!•!!Y!Y!e!ltiitettrlilY!• ! s , Y * STATE OF CALIFORNIA, COUNTY OF LOS ANGELES ss. Y On this 29TH day of MARCH 19 89 before ` ' me a Notary Public, within and for the said County and State, ' personally appeared ROBERI.d.'CULP ' Personally known to me (or proved to me on the basis of satisfactory ' ' evidence) to be the person whose name is subscribed to the within instrument at the Attorney —in —Fact of and for the Explorer Insurance Company, and acknowledged to me that he subscribed the name of the ' ' Explorer Insurance Company thereto as Surety, and his own name as ' * Attorney —in —Fact. ' i + +» +rrrs»r»»pa+ : «rr»rarr+t»rp + OFFICIAL SEAL « * « CATHY RAMPENTHAL « i a ; inn•:- df0 °ARY PUBLIC— CALIFORNIA _ i a �i �•.. "- NOTARY BOND FILED IN ' * �. ✓" LOS ANGELES COUNTY ! « My Commission Expires January 5, 1993 , Notary Public � ' «rrs•s•arasaaaassaasasassrsss ► ssrsa+ i fYiiiitfi!!!it!liiiiriittifiiit ll*itt*Ilti[f rl it liiiiYt!!!!!lilitlttittti**it• Explorer Insurance Company. HOME OFFICE: SAN DIEGO. CALIF ORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the EXPLORER INSURANCE COMPANY. a Corporation duly authanted and existing under the laws of the State of ARIZONA and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: ROBERT J. CULP its true and lawful At torneys Is) in -Fwt. with full power and authority hereby centered in its name, place and [lead, to exttuM, sea9, xknoMedge and deliver any and all bonds• undertakings, recognizances or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by die Board of Directors of the EXPLORER INSURANCE COMPANY at a meeting duly called and held on the 22nd day of JULY, 1985, which said Resolution hoa not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys-in-Fact to represent and wt for and on behdt of the Company, and either the President or Secretary, the Board of. Directors or Executive Committee may at any time remove such Avomeys.n- Fact and revoke the Power of Attorney given him or her: and be it further "RESOLVED: That the Attorneyin -fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Artorneyin- Fact shall be as binding upon the Company az if signed by the President and scaled and attested by the Secretary." IN WITNESS WHEREOF. EXPLORER INSURANCE COMPANY has caused its official Mal to be hereunto affixed and these presents to be sigIaed by its duly authorized officers this 15TH DAY OF JANUARY 1986. EXPLORER INSURANCE COMPANY r '�- tN+unngi /Ci`ey3eF�Jea� / SEAL �l �1 President STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: 1986 On this 15TH DAY OF JANUARY before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly cornmissroned and qualified, came DAVID E. RODRICKS, JR. , PRESIDENT of EXPLORER INSURANCE COMPANY to mo personally known to be the individual and officer described in and who executed the preceding ins rum nt, and he Acknowledged the execution of the same, and being be me duly swom, deposcth and saith, that he is the said officer of the Corporation aforesaid• and that the seal affixed to me preceding instrument is the Corporate Seal of the said Corporation, and %hot %he said Corporate Seal and his signature as such ollicer were duly of hoed and subscribed to the said instrument by she authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first abc•- vwincn, 4`M'titi`.�VJ.Vbti .�YMA.V1111'MrtiSlV � p(FICIAk :FAL { � NORMA PORTER - ..��•_ 3�.� NJ1dRY PU6UL•ULI(ORNIA Rvcipar gfca .. Ln Di,pr Counrr yj 41 Commission Gp. Ln. 6. 19BB rK'HN�lL�1tr'rtJkY V 1'11/\r\75151ti17H51H V `.V k> STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: I- the undenrgned, LYNNE C certify that the original P0iVER OF revoked. HENCLE• SECRETARY Notary Public of the EXPLORER INSURANCE COMPAUy. do:tcica. ATTORNEY, of which the loregoin9 is a loll• true and correct cony, is in Wit force and elfoc:, ane nas re bc- IN WITNESS WHEREOF. i have hereunto subscribed my name as Secretary, and affixed the Corporal, Scol of she Cor oaraGr+, film 29T40Y Of MARCH 19 89 EXPLORER INSURANCE COMPANY $ccretarj, v • • Page 10 BOND $113 42 51 PREMIUM $5,281.00 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted March 13; 1989 has awarded to Hines Construction hereinafter designated as the "Principal ", a contract for CONSTRUCTION OF REFUSE TRANSFER STATION (C -2723) in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, HINES CONSTRUCTION as Principal, and EXPLORER INSURANCE COMPANY as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of TWO HUNDRED FOURTEEN THOUSAND, FORTY -FOUR AND NO /100 - - - - -- dollars ($2]4- 044_,_ nn - - - -- )> said sum being equal to 100% of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, con- ditions, and agreements in the said contract and any alteration thereof made as therein provided on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice Page 11 Faithful Performance Bond (Continued) of any such` change, extension of time, alterations or additions to the terms of the t contrac 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 2gTH day of MARCH , 19_0__. HINES R (Seal) Name of Contractor Principal) it 4 Ir �) U" A4—"d ignature and Tit e Authorized Signature and Title EXPLORER INSURANCE COMPANY (Seal;. Name of Surety SAME Address of Agent 714/623 -6161 Telephone No. of Agent ! i### Y# t# iYt#Y YY<# Y## Yi## YY#### f# iYY# tri## Y# ###YitY #YYYrYY #iY####i #YY #YY #IIa # Y • ' STATE OF CALIFORNIA, COUNTY OF LOS ANGELES es, t ' On this 29TH day of MARCH 19 89 before ` • me a Notary Public, within and for the said County and State, • personally appeared ROBERT .J.'CULP ' Personally known to me (or proved to me on the basis of satisfactory ' evidence) to be the person whose name is subscribed to the within • instrument at the Attorney -in -Fact of and for the Explorer Insurance ` • Company, and acknowledged to me that he subscribed the name of the ` ' Explorer Insurance Company thereto as Surety, and his own name as i # �tingattt rt OFFICIAL SEAL i CATHY RAMPENTHAL ' ! s t M NJ:ARY PUBLIC— CALIFOIMA M • $� -, 1 NOTARY BOND FILED IN .. ! i 10S ANGELES COUNTY I +. � • t t l 1 u.. ! . i Expires January 5, 1993. t # ! • My Commission otary Public jtat,t ii HYtittltitati4Yitit tfiq iii ' # # 11 f!! itifYl t# iiiii# 1Yiiiiii!!!! fi!! i !!t #!!litt!!!i!Ylff#lYitfiiiYif tYiYf #!# #• A ty of Newport Beach 1300 Newport Boulevard lewport Beach, CA 92663 AND ADDRESS OF INSURED *IFICATE OF INSURANCE 4 Page 12 Company to +her A AMERICAN STATES INSURANCE COMPANY r g Y Y p Y E Is is to certify that policies of insurance listed below have been issued to the insured named ve and are in force at this time, including attached endorsement(s). PANY TYPES OF INSURANCE Policy Policy Exp, LIMITS OF L A ILITY N HOUSANOS 000 Ag.Produc5 'TER COVERAGE REQUIRED No, Date Each Completed Occurrence Operations GENERAL LIABILITY x Comprehensive Form x Premiss- Operations Bodily Injury Property Damage S $ $ $ x Explosion 6 Collapse Hazard A x Underground Hazard x Products /Completed Operations Hazard x Contractual Insurance o1 -cc- 410396 -1 03/08/90 Bodily Injury and Property Damage Combined $ 1,000, $2,000, x Broad Form Property Damage x Independent Contractors X Personal Injury Marine Personal Injury 51,000. Aviation AUTOMOTIVE LIABILITY Comprehensive Form Bodily Injury Each Person S C Owned $ _-Bo di y niury Each Occurrence A Q Hired 01 -CC- 3/08/90 r0 er amd e Non -owned 410396 -1 Bodily n,ury and Property Damage Combined $ 1,000 EXCESS LIABILITY ❑ Umbrella Form Bodily Injury Q Other than Umbrella Form and Property Damage Combined $ 3 WORKERS' COMPENSATION Statutory ac Accident) and EMPLOYER'S LIABILITY �E: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. NCELLATION: Should any of the above described policies be cancelled or coverage reduced before the expiration date thereof, the-Insurance Company affording coverage shall provide 30 days' advance notice to the City of Newport Beach by registered mail, attention: Public Works Department. C ' /D /I iCP L J Agency: PAUL MUENCH COMPANY Aurndrized Kepresentative 'te: 03/22/89 Telephone: (714)633 -4551 scription of operations /locations /vehicles: All operations performed for the City of Newport ,ach by or on behalf of the named insured in connection with the following designated contract: I CONSTRUCTION OF REFUSE TRANSFER STATION (C -2723) Project Title and Contract Number This certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies, including attached endorsements. F0 d T 0: T S n H 1 6'8 -Z Z- 2l 7 I.J • • Page 13 CITY OF NEWPORT BEACH AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for Bodily Injury and Property Damage Liability, the City of Newport Beach, its officers and employees are additional insureds but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded the additional named insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The limits of liability under this endorsement for the additional insureds named in paragraph 1 of this endorsement shall be the limits indicated below for either Multi- ple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability $, Property Damage Liability ( ) Single Limit Bodily Injury Liability and Property Damage Liability Combined h occurrence $ each occurrence $ 1,000,000. each occurrence $ 2,000,000. aggregate The limits of liability as stated in paragraph 3 of this endorsement shall not in- crease the total liability of the Insurance Company for all damages as the result of any one accident or occurrence in excess of the limits of Liability stated in the policy as applicable to Automobile Liability Insurance. 4. Should the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. S. Designated Contract: ea . I . 3 This endorsement is effective 3 -8-89 at 12:01 A.M. and forms a part of Policy No, cc -at n�A6 -1 Named Insured T,TNFS rnNSTRrirmTnnr Endorsement No.UZZ, Name of Insurance Company American states By_ Authorlzed ReOresentative 70 - d s u i H 9 Z : � T 3n _L 58 -E -ZI d" N 0 CITY OF NEWPORT BEACH COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT Page 14 It is agreed that: 1. With respect to such insurance as is afforded by the policy for Comprehensive General Liability, the City of Newport Beach, its officers and employees are additional in- sureds but only with respect to liability arising out of operations performed by or on behalf of the named insured in connection with the contract designated below or acts and omissions of the City of Newport Beach in connection with its general supervision of such operations. The insurance afforded said additional insured shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability." 3. The insuralhce 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 rlold harmless provision con- tained in the written contract, designated below, between the named insured and the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU "hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured named in paragraph I of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. ( ) Multiple Limits Bodily Injury Liability $ each occurrence Property Damage Liability $ each occurrence (X) Single Limit Bodily Injury Liability $ 1,000,000 each occurrence and Property Damage Liability $ 2,000,000 AGGREGATE Combined The applicable limit of the Insurance Company's liability for the insurance afforded for contractual liability shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insureds. The limits of liability as stated in this endorsement shall not increase the total liability of the Insurance Company for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to Comprehen- sive General Liability Insurance. 6. ohould the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: public Works Department 7. Designated Contract: ro C This endorsement is effective 03/08/89 at 12:01 A.M. and forms a part of Policy No. 01-CC- 410396 -1 Named Insured HINES CONSTRUCTION Endorsement No. N/A Name of Insurance Company AMERICAN STATES INC. C. By Authorized Representative b 0' d - Z 0 : T T rrH 1 6 8- Z u- °J H W Page 15 CONTRACT THIS AGREEMENT, entered into this day of 19, by and between the CITY OF NEWPORT BEACH, hereinafter "City, and nd Hines Construction , hereinafter "Contractor," is made with reference to the following facts: (a) City has heretofore advertised for bids for the following described public work: ION OF REFUSE TRANSFER STATION [4 2723 Contract No. (b) Contractor has been determined by City to be the lowest responsi- ble bidder on said public work, and Contractor's bid, and the compensation set forth in this contract, is based upon a careful examination of all plans and specifications by Contractor, NOW, THEREFORE, the parties hereto agree as follows: 1. Contractor shall furnish all materials and perform all of the work for the construction of the following described public work: CONSTRUCTION OF REFUSE TRANSFER STATION 2723 Title of Protect Contract No. which project is more fully described in the contract documents. Contractor shall perform and complete this work in a good and workmanlike manner, and in accordance with all of the contract documents. 2. As full compensation for the performance and completion of this work as prescribed above, City shall pay to Contractor the sum of Two Hundred Fourteen Thousand Forty -Four Dollars and No/100---- ($214,044.00 This compensation includes (ljany loss or amage arising from the nature of the work; (2) any loss or damage arising from any unforeseen difficulties or obstruc- tions in the performance of the work; (3) any expense incurred as a result of any suspension or discontinuance of the work; but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated herein by reference as though set out in full and include the following: (a) Notice Inviting Bids (b) Instruction to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and Endorsement(s) Page 16 (f) Plans and Special Provisions for CONSTRUCTION OF REFUSE TRANSFER STATION Y721 (g) This Contract. 4. Contractor shall assume the defense of, and indemnify and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, except such loss or damage proximately caused by the sole negligence of City or its officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. CITY OF NEWPORT BEACH By Mayor ATTEST: Authorized Signature and Title 9 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P CONSTRUCTION OF REFUSE TRANSFER STATION CONTRACT NO. 2723 SPECIAL PROVISIONS INDEX SECTION PAGE I. GENERAL CONDITIONS .................. ..............................1 II. ADMINISTRATION OF THE CONTRACT ...... ..............................1 III. LOCATION AND SCOPE OF WORK .......... ..............................1 IV. TIME OF CONTRACT .................... ..............................3 V. PERIOD OF FAITHFUL PERFORMANCE BOND . ..............................4 VI. LIABILITY INSURANCE ................. ..............................4 A. General Liability ............... ..............................4 B. Automobile Liability ............ ..............................4 VII. GUARANTEES .......................... ..............................4 VIII. SAFETY .............................. ..............................4 IX. CLEANUP AND DISPOSAL ................ ..............................5 A. During the Work ................. ..............................5 B. Final Cleanup ................... ..............................5 C. Disposal ........................ ..............................5 X. PAYMENT ............................. ..............................5 A. General ......................... ..............................5 B. Monthly Progress Payments ....... ..............................5 XI. MATERIALS AND WORKMANSHIP ........... ..............................6 XII. FIELD ENGINEERING ................... ..............................6 A. General ......................... ..............................6 XIII. INSPECTION .......................... ..............................6 • • SP Iof6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS CONSTRUCTION OF REFUSE TRANSFER STATION CONTRACT NO. 2723 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 The Public Works Director of the City of Newport Beach shall administer this contract for the City. Any change order issued by the City must be in writing and signed by the Public Works Director. III. LOCATION AND SCOPE OF WORK A. The work to be done under this contract consists of renovating the existing Refuse Transfer Station and shall include excavation, backfilling, compaction, concrete work, asphalt- concrete pavement, concrete drainage gutter, concrete Swale, three - compartment Clari- fier, an 8- inch - diameter VCP sewer line and connections to the 18- inch - diameter sewer at the existing manhole, installation of two City- furnished hoppers, a 2 -inch water line.with sprinklers, hose bibs and fire hoses, electrical work including light pole, conduits and wires, and all incidental related work, complete and ready for use. The project is located within the Newport Beach Corporate Yard located at 592 Superior Avenue, Newport Beach. Access into the Corporate Yard is available from Pacific Coast Highway, Newport Boulevard, and Industrial Way. B. The work to be done by the Contractor under this contract includes furnishing all labor, materials, vehicles, tools, machines, equipment, transportation, and incidentals necessary to complete the work. • • SP2of 6 C. Items of work to be done under this contract include, but are not limited to, the following: 1. Strip existing asphalt from areas of proposed construction prior to the grading. 2. Demolish and remove part of existing concrete retaining wall as shown on drawings. 3. Extend retaining walls to the required level, which includes exposing existing vertical reinforcement, and butt welding new reinforcement to the existing reinforcement. 4. Construct reinforced concrete retaining wall, including weep holes and graded drain material. 5. Backfill to the required levels, in lifts not to exceed 12 inches, compacted to 90 percent maximum density. 6. Brace the retaining wall during backfill operation and until upper concrete slab is in place for a minimum of 14 days. 7. Place asphalt- concrete paving on the areas shown and provide a minimum slope of 1 percent towards the concrete swale. 8. Provide all material and construct concrete drainage gutter with heavy -duty grating, including saw - cutting part of exist- ing concrete slab. 9. Provide and install an M.C. Nottingham Company Three- Compart- ment Clarifier with sample box, Model No. PC C -750 or equal. 10. Provide and lay an 8- inch - diameter VCP sewer line as shown, including connections to existing an 18- inch - diameter sewer at the manhole. 11. Provide and lay a 2- inch - diameter water line with sprinklers, hose bibs and fire hose as shown. 12. Provide and install complete site electrical wire. 13. All incidental related work. 14. Cleanup. The Contractor must make his arrangements and provide for his use the following facilities: 1. Electricity. 2. Telephone. 3. Sanitary facilities. IV 0 4. Security fencing. 5. Water supply. D. The contract requires completion of these Special Provisions, the plans, tions and Drawings for Public Works dard Specifications Standard Specif specirications, SP3of 6 all work in accordance with the City's Standard Specifica- Construction, the City's Stan - ications for Public Works specincanons. 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 Stanard Special Provisions and Standard Drawings may be purchased at the Public Works Department for $5.00 per set. 2. Precast concrete three - compartment clarifier with a sample box shall be Model No. PC C -750 as manufactured by M.C. Nottingham Company, Inc. of Santa Ana, California, or equal. 3. The plans prepared by SCS Engineers consist of the following contract drawings: • Sheet 1 - Title Sheet. • Sheet 2 - General Notes. • Sheet 3 - Existing Site Plan. • Sheet 4 - Grading Plan. • Sheet 5 - Foundation Plan. • Sheet 6 - Miscellaneous Details. • Sheet 7 - Miscellaneous Details. • Sheet 8 - Hopper Installation. • Sheet 9 - Electrical Work. E. Included in the scope of the contract is payment of all fees and the securing of all permits normally charged by governing public agencies; payment of all connection charges normally charged by serving utilities; and furnishing all material, labor, and trans- portation necessary to complete the construction. 1. All plan check fees normally charged by the City are waived except that all contractors and subcontractors on the project must have a current City business license. TIME OF CONTRACT The date of the contract is the date contract is awarded by the City Council. The contract shall be complete within 90 consecutive calendar days after award of the contract by the City Council. 0 V. PERIOD OF FAITHFUL PERFORMANCE BOND • SP4of 6 The faithful performance bond for the contract shall remain in effect for the duration of 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 certifi- cate of insurance showing that he has liability insurance coverage. At the same time, the Contractor shall provide the insurance endorsements on the forms provided as part of the contract documents. The liability insurance coverage shall include each of the following types of insur- ance: 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. VIII. SAFETY In accordance with generally accepted construction practices, the Con- tractor 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. • • SP 5 of 6 IX. CLEANUP AND DISPOSAL A. During 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 construc- tion, the Contractor must thoroughly clean the inside of the build- ing, 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 plat- forms, and other surfaces. Dust, dirt, stains, hand marks, paint spots, plaster droppings, or other foreign material shall be com- pletely removed from the surfaces. C. Disposal Under no circumstances shall rubbish or waste material of any des- cription be disposed of on the site. All debris, rubbish, and water or surplus material shall be disposed of off the site. X. PAYMENT A. General 1. The work to be done under this contract includes furnishing all labor, equipment, transportation, materials, and services necessary to complete the construction as shown on the plans and described in the Specifications. 2. The unit prices bid for constructing the various items of work listed on the Proposal shall be considered as full compensa- tion for all labor, equipment, materials, services, and all other things necessary to complete the work in place, and no additional allowance will be made therefor. 3. Payment for all items of work not separately provided for in the Proposal shall be included in the prices bid for other items of work listed in the Proposal. B. Monthly Progress Payments The City will make monthly progress payments for work completed per Section 9 of the Standard Specifications. For purposes of making progress payments, the City's estimates of the amount of work com- pleted will be used. J r . XI. MATERIALS AND WORKMANSHIP SP6of 6 All materials and workmanship shall conform to the requirements of the latest editions of the Uniform Building Code and the Standard Specifi- cations for Public Works Construction. XII. FIELD ENGINEERING A. General 1. The Contractor shall lay out the work from the drawings. The Contractor shall establish all additional benchmarks, monu- ments, lines, and levels necessary for the construction. 2. To lay out the work and to verify lines and elevations as the work progresses, the Contractor shall employ an experienced and competent Civil Engineer or Land Surveyor registered in the State of California. XIII. INSPECTION All work will be inspected. All items covered or all stages of work that are not to remain observable must be inspected and approved before being covered up. The Contractor shall provide timely notice to the City when such inspection is needed. The Engineer will act as the agent of the City in inspecting the work. U CITY OF NEWPORT 'ACH March 14, 1989 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 MAC Group Inc. Design & Development dba A & M Design pp 2182 Dupont Dr., QtiGG / Irvine, CA 92715 Subject: Contract No. 2723 Construction of Refuse Transfer Station Enclosed herewith is the bidder's bond you submitted with your bid for the above project. Thank you for your interest in this project. Sincerely, / 1 Wanda E. Raggio City Clerk WER:pm Enclosure(s) cc: Ken Perry (Public Works) 3300 Newport Boulevard, Newport Beach I n KNOW ALL MEN BY THESE PRESENTS, BIUUzR'S BONO 35M 717 157 UU That we, A & M- Design & Development as bidder, and American Motorists Insurance Company , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of loo not to exceed Twenty Two Thousand & no /1QQ____------- Dolldr5 ($ 22,.000._OQ ) 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 REFUSE TRANSFER STATION 2723 Title o roject Contract No. In the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver to said City the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) from the date of the mailing of contract documents for execution to the above bounden bidder by and from said City, then this obligation shall become null and void; otherwise it is and shall remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any bidder above named executed this bond as an individual, It is agreed that the death of any such bidder shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 13t1i day of Fahrnaru , 19 89. (Attach acknowledgement of Attorney -in -Fact Notary Public Commission Expires: T1i A & M Desi n & Development . Bidder Authorized Sgnature/ it e AMERICAN MOTORISTS INSURAO COMPANY , ^ national. Home Office: Long Grove, IL 60049 Pic POWER OF ATTORNEY mmPanies Know All Men By These Presents: That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint • .• .................... • ... * ... • "' •• David Z. Noddle, Bill K. Heist, Beverly Martin and William E. Pitts of Los Angeles, California ( EACH)* ** * *+F* * * * * *** *+t** * * ****** * *** *+HEM its true and lawful agent(s) and attorney(s) -in -fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1990, unless sooner revoked for and on its behalf as surety, and as its act and deedAny and all bonds and undertakings provided the amount of no one bond or undertaking exceeds TWO HUNDRED FIFTY THOUSAND DOLLARS ($2501000.00) * ** EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1990. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process" This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists sy nce Company has 4aus-d this instrument tqg signed and its corporate seal to be affixed by its authorized officers, this �3�� day of September , 19 60 Attested and Certified: =4 AMERICAN MOTORISTS INSURANCE COMPANY By J. S. Kemper, 111, !)emor vice STATE OF ILLINOIS COUNTY OF LAKE ss 1, Rose K. Rayner, a Notary Public, do hereby certify that J. S. Kemper, III and F. C. McCullough personally known to me to be the same persons whose names are respectively as Senior Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument s the free and voluntary ad of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. . — 0= commission expires: August 12, 1991 Rose K. Rayner, Notary Public 836-5 7-88 1M PRINTED IN U.S.A. +er of Attorney —Term • • . wi Veit S -gEuvvi •paleis ulajay ivalxa ay1 o1 pue iauuew ay us idaoxa Auedwo) ayi pulq w /yuoyine ou aney Aay1 pue'ulaiayi paweu Apeogloads s8upluvapun pue spuoq ayi 01 u'aJa41 paweu asoyl;° sloe ayl sllwll AawouV;o iansod siyl Areiaua5'welyyi,g aal MW App slyi uo Auedwo) awe -insul sisuoloW ueouawy ayi jo leas alejodioo ayi paxlye pue aweu Aw paquosgns oiunaiay aney l 403i13FiM ANOWI1S31 NI Auedwo) awejnsul sisuotOW ueouawy ayi ;o AieiaioaS pue ivaplswd ao!A wluaS paloala Alnp ayi Aawouy ;o iansod payoeue ayi ;o uopnoaxa ayi d° aipp ayi uo mans Alanlioadsai /ueiaioaS pue ivaplsaid a>t� iolua5 se Aawouy ;o iansod ayi painoaxa oyes 48nopnpW •) .y pue Ip 5adwa)l •S ( ples ayi ieyi A}lUao iayiin; op I pue :aieogniao siyi )o aipp ayi uo Loaya pue aaio; lln; us si pue ;oarayl aipp ay awls ioMjja pue aoio; llB w uaaq sey awes ay my pue Ado:) ioajioo pue ann a si P -TABQ !° ;leyaq uo PaJeP Agaiay op'Auedwo) aweinsul slsuoioW ueouawy 841 j A1elaioaS'me{)oW •8 aal "I l Nouv�iivaa) � STATE OF CALIFORNIA, SS. COUNTY OF California On this day of -0 - - 1989 19—, before me personally appeared David Z. Noddle personally I known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrLunent as the Attorney-in-Fact of AMERICAN MOTORISTS INSORANCE COMPANY, and acknowledged to me that he (she) subscribed the name of said company thereto as Surety, and his (her) own name as Attorney-in-Fact ............................ L 10MRY PUBLIC ... ............................... ........... gel • • PR 1.1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL CONSTRUCTION OF REFUSE TRANSFER STATION CONTRACT NO. 2723 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. M- 5282 -S, consisting of 8 sheets), and Special Provisions, and hereby proposes to furnish all labor and materials and do all the work required to complete this Contract No. 2723 in accordance with the Plans and Special Provisions, 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 i PRICE PRICE 1. Lump Sum Construct Refuse Transfer Station, complete in place, for the lump sum price of: V. d i _ _ i Cents TOTAL PRICE WRITTEN IN WORDS (=,4 Date ;?/`/- 752 —1 7;? l Bidder's Telephone Number Dollars and Cents $�B.�SPP 554191 A -4 21x2— (1 orvT —pr, rRvinc_ cA. Qz3r� Contractor 's icense No. & Classification' cation Bidder's Address • TO: CITY COUNCIL UY !,I-',11 CITY 71 ;,'-tK?ORT SLACI MAR 13 1989 APPROVED *March 13, 1989 CITY COUNCIL AGENDA ITEM NO. J -1 • FROM: Public Works Department and General Services Department SUBJECT: REFUSE TRANSFER STATION - CONTRACT NO. 2723 RECOMMENDATIONS: 1. Make and adopt findings that the lowest monetary bidder, Mac Group, Inc., Design & Development, doing business as A & M Design, of Irvine is not the "lowest responsible bidder" in the sense the word responsible means having the quality, fitness and capacity to satisfactorily perform the work; and reject the bid of Mac Group, Inc. Design & Development. (The suggested findings are attached hereto and marked Exhibit "C "). 2. Award Contract No. 2723 to Hines Construction in the amount of $214,044.00. 3. Authorize the Mayor and City Clerk to execute the contract. 4. Approve a budget amendment in the amount of $210,000.00 to complete • the project. DISCUSSION: At 11:00 A.M. on February 15, 1989, the City Clerk opened and read seven bids for the subject contract: Low Mac Group Inc., DBA A & M Design & Development, Irvine 2 Hines Construction, Laguna Niguel 3 Oberg Contracting Corp., Simi Valley 4 P.R. Burke Industrial Corp., Tustin 5 G.B. Cooke, Inc., Azusa 6 Markel Cement Contractors, Costa Mesa 7 Ja -Mar Engineering, Inc., Long Beach $178,500.00 214,044.00 265,000.00 288,744.00 292,200.00 298,560.00 352,889.60 The low bid is 19.2% under the Engineer's estimate of $221,000.00. The second lowest bid is 3.0% under the Engineer's estimate. The plans were prepared by SCS Engineers, Long Beach. The estimated • date of completion is May 15, 1989. Recommendation that Mac Group, Inc., Design & Development, doing business as A & M Design is not the "lowest responsible bidder" is based on the following reasons: 1. Mac Group, Inc., Design & Development, does not hold a Class "A" general engineering contractor license from the Contractors State License Board as required in the Instructions to Bidders. Mac Group has a Class "B" building contractors license. The bid documents indicated that it had both Class "A" and Class "B" licenses; however, the Contractors State License Board does not show a Class "A" license for the firm. 3k) Subject: Refuse Transfer Station (C -2723) • March 13, 1989 Page 2 • A general engineering contractor is one whose principal business is in connection with fixed works requiring specialized engineering knowledge and skill, including waste reduction plants, land leveling and earth moving projects, excavating, grading, trenching, paving and surfacing work, and cement and concrete work in connection with the above mentioned fixed works. A general building contractor is one whose principal business is in connection with any structure built for the support, shelter and enclosure of persons, animals, chattels, or movable property, requiring in its construction the use of two or more unrelated building trades or crafts, or to do or superintend the whole or any part thereof. A Class "A" license was required in the bid documents for two reasons: a conscious decision that a contractor with specialized engineering knowledge and skill was desired; and the wording of the Contractors License Law. The type of construction involved in the proposed refuse transfer station consists primarily of a tall, heavily reinforced concrete retaining wall. This type of construction is ordinarily performed by General Engineering Contractors rather than by General Building Contractors. • 2. The low bidder is properly bonded, and apparently has adequate working capital; however, the technical ability and experience references submitted indicate only minimal experience in constructing projects similar to the proposed refuse transfer station. The type of organization of the low bidder is not entirely clear. It appears to be a corporation owned by four individuals. A total of 15 experience references were furnished by the bidder. A number appear to have been projects of the individual partners in their former associations, or could not be verified. It has been difficult to get information from the firm in response to direct questions about its experience, equipment owned, location of any storage yard, number of permanent employees, etc. Attached to this memo and marked as Exhibit "A" is a detailed list of the technical ability and experience references submitted by A & M Design; and of the comments elicited in attempting to check the references. Mac Group, Inc., Design & Development, dba A & M Design, appears to be a firm with minimal experience in constructing projects similar to the proposed refuse transfer station. The difficulty in checking the experience references, particularly as to exactly what was done by A & M Design, lead to the conclusion that the firm simply does not have applicable recent experience which can be • documented reasonably. The State Contractors' License Board has no complaints on file against the licenses of Mac Group; A & M Design; or any of the four owners of the firm. In the judgement of both the General Services Department and the Public Works Department Mac Group, Inc., Design & Development, lacks the quality, fitness and capacity to satisfactorily perform the work. Attached as Exhibit "C" are the recommended findings for rejection of the bid. The second lowest monetary bidder, Hines Construction, of Laguna Niguel, is properly licensed and bonded. Technical ability and experience references furnished indicate experience in constructing projects similar in nature to the proposed refuse transfer station. The superintendent and the Subject: Refuse Transfer Station (C -2723) • March 13, 1989 Page 3 foreman have years of experience with large contractors in Colorado in the field • of heavy reinforced concrete construction. The company has its own personnel and equipment. Favorable references include projects at Santa Monica City College, the City of Pico Rivera and the City of Rosemead. • • The Director of Public Works of Rosemead had checked previous references from work done in Oklahoma by the owners where they had a company as Assured Construction and had favorable references. 1987 -88 budget contained an appropriation of $34,000 from the General Fund for the project. The 1988 -89 budget added an additional $81,950; a total of $115,950. As indicated in the January 9, 1989 memo when the plans were approved, a budget amendment will be needed to construct the project. A budget amendment has been prepared for consideration by the Council. Contract Cost: $214,400 Miscellaneous Costs: (Registered deputy inspector, testing, materials, etc.) 20,000 Reserve for Weighing Equipment 4,000 Subtotal 238,400 Available in Acct. 02- 5097 -451 28,600 Additional Funds Needed $209,800 The purpose of the refuse transfer station is to allow the smaller two -man rubbish packers to dump into large over the road vehicles for transport to disposal sites. The larger one -man rubbish packers will continue to be driven to the disposal sites. Benjamin B. Nolan Public Works Director KP:so Attachment David E. Niederhaus General Services Director f • CITY OF NEWPORT BEACH • PUBLIC WORKS DEPARTMENT March 1, 1989 • Construct Refuse Transfer Station Contract 2723 Technical Abilitv and Experience References of A & M Desi 1. A 5,300 square foot mechanic shop for Huong Auto Center in Cypress could not be located. The contact, Mike Yun, could not be contacted and the telephone number (970 -2191) has been disconnected. 2. The address listed for a 4,890 square foot wood frame building for F & M Plaza at 3290 First Street, Santa Ana, turned out to be a vacant lot. The building is at the intersection of Booth Street with First Street. Mr. Mansoor Hakimijoo did not recall the nave of A & M Design. 3. A 16,000 square foot shopping center for F & M Plaza at 489 E. Lincoln Avenue, Anaheim, was a railway underpass. Mr. Mansoor Hakimijoo, the owner, (774 -9700) did not recall the name of A & M Design. He said that he had built a project on Euclid Avenue in Anaheim, but that the contractor 0 was Burroughs Construction, and the architect was Anaheim Hills Architects. The Anaheim Hills Architects have apparently gone bankrupt. Burroughs Construction cannot be located. A & M Design thinks the project was on Lincoln Avenue one block east of Beach Boulevard, but the records of A & M Design are either in a Lake Elsinore office, or were damaged in a fire at the residence of Mehdi Hakimi, the owner of A & M Design. A $480,000 two story concrete block auto service building at 411 E. Lambert Avenue, La Habra, may not have been constructed by A & M Design. Mr. David Rastauan, the owner, (529- 7844) is not complimentary to Mehdi Hakimi. Attached and marked Exhibit "B" is a copy of a Settlement Agreement and Mutual Release, furnished by Mehdi Hakimi, which indicates that Mehdi Hakimi doing business as A & M Design and Service, not A & M Design, was employed as a construction consultant, and that a dispute arose between Rastava and Hakimi regarding the quality of the services performed and payment for services. The agreement implies that the contractor was Halle Development and Construction Company. 5. Additions to a single family home at 3291 Elm Road in Riverside County for Mehdi Semnani at 480 -6313 are not considered to constitute experience in constructing projects similar to the proposed refuse transfer station, • being more in the nature of work done by general building contractors. EXHIBIT "A" VA 6. Adding a second story to a single family home at 18711 Torino, Irvine, for Sammi Ammari (854 -4655) is not considered to constitute experience in constructing projects similar to the proposed refuse transfer station, being more in the nature of work done by general building contractors. • 7. Addition of 1400 square feet of one at an undisclosed location on Bueno constitute experience in constructi refuse transfer station, being more building contractors. No telephone story wood and stucco for Mr. Pourhakim Street in Downey is not considered to ig projects similar to the proposed in the nature of work done by general number was listed. 8.• Remodeling of a 100 unit apartment house for Tower Development in Houston, Texas in 1980 -81 cannot be verified. Mr. Al Namdar (974- 7979), one of the partners in Tower Development, stated that the project was finished on time and under budget. The exact nature of the work done by A & M Design cannot be verified. The general contractor may have been Halle Development and Construction Company. The relationship between A & M Design and Halle Development and Construction Company cannot be verified. Al Namdar and Mehdi Hakimi are related by marriage. 9. (See also item no. 8 above). Construction of a 32 unit apartment house for Tower Development in Anaheim at the corner of Orange Street and Webster Street cannot be verified. Mr. Al Namdar stated that the project was finished on time and under budget. The exact nature of the work done by A & M Design cannot be verified. The general contractor may have been Michael Halley Construction. The relationship between A & M Design and • Michael Halley Construction cannot be verified. 10. Tenant improvements for Leonardo's Italian Furniture Store, 15333 Culver Drive, Irvine, is not considered to constitute experience in constructing projects similar to the proposed refuse transfer station, being more in the nature of work done by general building contractors. The reference is Mr. Neamat Abdoalahi (551- 9066). 11. Tenant improvements for Children's World Furnitures at an undisclosed location for The Irvine Company is not considered to constitute experience in constructing projects similar to the proposed refuse transfer station, being more in the nature of work done by general building contractors. The contact person is Mr. Bob Alexander at (551- 3030). 12. A $48,000 project for sidewalk, paving, landscaping, a box tree, and a sprinkler system for a 15 unit apartment building for Four Star Development at an undisclosed location in Van Nuys is not considered to constitute experience in constructing projects similar to the proposed refuse transfer station, being more in the nature of work done by general building contractors. The contact person is Mr. Mike Tavakoli. The following telephone number was furnished by A & M on February 28, 1989: (213) • 553 -8222. 13. A $175,000 project to renovate the building and construct a storage room with an observation deck on top at the Debell Golf Course for the City of Burbank was constructed by Docon Construction, Inc, of Lake Elsinore. Docon had trouble with its bonds, desiring to submit bond in the name of Page 2 M Academy Construction, which is a soils engineering company in Lake Elsinore owned by two of the partners in Docon Construction. Two of the four partners of Mac Group, Inc., Design & Development are two of the four owners of Docon Construction. The work of Docon Construction was acceptable, but the contractor was not A & M Design. The reference was •Anna Mindeola of the Parks and Recreation Department (818) 953 -9572. 14. A $60,000 contract with the City of San Juan Capistrano to remodel a former fire station into a recreation building is in progress. The work consists of the type of work usually done by home remodeling contractors, and is not considered to constitute experience in constructing projects similar to the proposed refuse transfer station, being more in the nature of work done by general building contractors. The reference was Brian Perry, Associate Civil Engineer in the Public Works Department at 493 -1171. 15. Two proposed contracts with the City of San Clemente have been awarded to the firm. One is for a project to repair the pilings under a lifeguard tower that has been undermined, and the other is a project to construct three storm drains. The staff found that the bidders had very limited references; but recommended that the contracts be awarded upon the advice of their City Attorney. The reference is Sam Shoucair, Assistant Civil Engineer in the Community Development Department 498 -2533, Ext. 207. errry y Kenneth L. P Office Engineer r� Page 3 If SETTLEMENT AGREEMENT AND MUTUAL RELEASE • This Settlement A eement and Mutual Release is entered into this J(_ day of -W-'� , 1987, by and between DAVID RASTAVAN and MEHDI HAKIMI doing bu iness as M & M Design and Service. RECITALS; A. DAVID RASTAVAN (" RASTAVAN") is the owner of the real property at 411 East Lambert Road, La Habra, Orange County, California. B. MEHDI HAKIMI dba M & M Design and Service ( "HAKIMI ") is a constructlQz_Con5liltci.tlt in business in Orange County, California. C. On or about August 25, 1985, HAKIMI entered into an oral agreement with RASTAVAN and others whereby he agreed to act as a construction consultant for certain works of improvement being built upon t e aforedescribed real property. • D. A dispute has arisen between RASTAVAN and HAKIMI regarding the quality of the services performed and payment for these services. E. There is now pending an action and cross - complaint between the parties hereto in the Orange County Superior Court, bearing Case Number 48 -62 -38 entitled David Rastavan v. Halle Development & Construction Companv. et al., and related cross actions regarding the disputes between RASTAVAN and HAKIMI over the services performed by HAKIMI at the real property work of improvement at 411 East Lambert Road and payment therefor. F. The parties desire to settle their differences in accordance with the terms and conditions set forth herein. IT IS AGREED; I....;?ayment. RASTAVAN shall pay to HAKIMI the total sum of $7,000.00. 2. Dismissal. At such time as the payment provided for in • paragraph 1 has been made, RASTAVAN and HAKIMI shall each sign and cause to be filed a dismissal with prejudice of their respective action against the other. The form of the documents shall be substantially similar to EXHIBIT A attached hereto. Each party stall bear their respective attorneys' fees and costs. 1 3. General Release. At such time as the payment provided for in paragraph 1 has been made, the following General Release shall become operative: RASTAVAN and HAKIMI, each, for themselves, their predecessors, successors and assigns, and anyone claiming through or under them,,hereby releases and forever discharges the other and their respective agents, servants, successors, and heirs, from any claims, causes.of action, judgments and demands of every ' :kind and nature whatsoever which they ever had or now have against the other by reason'of any act or omission by the other in connection with the real property work of improvement at 411 :,East Lambert Road; for the paymentIor services rendered by HAKIMI.; or by reason of any facts alleged in the RASTAVAN vu° +kcomplaint or''HAKIMI' cross= complaint in the 'above described action now pending,.in the Orange,County Superior Court bearing Case No. 4.'`'Representations`of Rastavan.`"'RASTAVAN hereby declares and represents that the settlement of said lawsuit is a compromise of doubtful and disputed claims and is not to be construed as an admission of liability on the part of any person released hereby and that said liability is, in fact, expressly denied. RASTAVAN does hereby agree to and intends to release all • claims which he may have against the parties released whether or not he now knows or suspects the same to exist. RASTAVAN expressly waives the provisions of Civil Code Section 1542 which reads as follows: "A general release does not extent to claims which the creditor does know or suspect to exist in his favor at the time of executing a release, which, if known by him must have materially affected his settlement with the debtor." .Representations of Hakimi. HAKIMI hereby declares and <'_` k,x• ,represents that,the,settlement „of.said. lawsuit is a compromise of doubtful and disputed claims and is:.not to be construed as an ' admissim of`.liabil'ity on'the part 'o£ "any °person released hereby nd thaf 'said liability `is ''in fact,�expressly denied. HAKIMI does hereby; agree to and intends to release all claims which he may have against the parties released whether or not he now knows or suspects the same to exist. HAKIMI expressly waives the provisions of Civil Code Section 1542 which reads as follows: "A general release does not extent to claims which the creditor does know or suspect to r: 2 i A exist in his favor at the time of executing a release, which, if known by him must have materially affected his settlement with the debtor." • 6. Entire Agreement. This Settlement Agreement and Mutual Release contains the entire agreement between the parties with regard to the matters set forth herein and shall be binding upon and inure to the benefit of the successors and assigns of each. • 7. Governing Law. This Settlement Agreement and Mutual Release shall be construed and interpreted in accordance with the laws of the State of California. 8. Counterparts. This Settlement Agreement and Mutual release may be signed in counterparts by each of the parties hereto. Dated: =1 _�—, 1987. RASTAV M Dated: ApzU H 1987. A16A4 . MEHDI HAKIMI doing b<siness as M & M Design and Service 3 A. jEXTI (alt " t3` q 0 • FINDINGS FOR DETERMINATION THAT MAC GROUP, INC., DESIGN AND DEVELOPMENT, DBA A & M DESIGN IS NOT THE LOWEST RESPONSIBLE BIDDER AND SUPPORTING AWARD OF CONTRACT 2723 TO HINES CONSTRUCTION 1. Mac Group, Inc., Design and Development, dba A & M Design (Mac Group) does not hold a Class A General Engineering Contractor's License which is required by state law, contract documents, and instructions to bidders; 2. The work required to construct the refuse transfer station requires a contractor with specialized engineering knowledge and skill generally possessed by contractors with an A license; 3. The experience references provided by Mac Group do not establish that they have the quality, fitness • and capacity to satisfactorily perform the work required by Contract C -2723 in that: A. Most of the references provided by Mac Group do not relate to projects which constitute experience in constructing facilities similar to the proposed refuse transfer station; and • B. Mac Group's participation in those projects which could constitute experience in projects similar to the proposed refuse transfer station cannot be verified by sources independent of Mac Group or persons with whom Mac Group is affiliated. EXHIBIT "C" /D • TO: CITY COUNCIL FROM: General Services Department Public Works Department January 9, 1989 CITY COUNCIL AGENDA IT: N0. F -17 "y ..{}' , -.ITL JAN 9 1989 _. _APRs !FI)— —. SUBJECT: CONSTRUCT REFUSE TRANSFER STATION (CONTRACT 2723) RECOMMENDATIONS: Approve the plans and specifications. Authorize the City Clerk to advertise for b d-s 1a:..be•- op&%d -by J l�a®8 - =R M #e�ruar °15 1989. DISCUSSION: On January 11, 1988, the Council approved of the establishment of a • refuse transfer facility as the most economical, feasible alternative for future refuse operations. With the closure of the Coyote Canyon Landfill recently confirmed by Orange County as effective April 1, 1989, and the delayed opening of the Bee Canyon Landfill until possibly early Fall 1989, this transfer facility is even more vital to the continued efficient refuse operations of the City than when approved one year ago. A copy of the January 11, 1988 memo to the Council is attached for reference. A recognized solid waste facility consulting firm, SCS Engineers, Inc., was selected to assist in the lengthy, complicated County, State and local agencies permit process. Final approval of the State permit is expected by February 1989. Plans and specifications have been completed after extensive revisions caused by various regulatory agencies adding construction stipulations. Engineering studies of the subsurface and existing construction features at the site revealed less than optimum soil conditions and consequently dictated the necessity for a more complex design, thereby eliminating City construction crews from building the facility as originally planned and funded. The fiscal status of the project is as follows: Consultation and Design: SCS Engineers $ 63,000 Purchase, Transport, and Modification of • 9 ton Surplus County Hoppers $ 25,874 Modular Scale System for Weighing Trailers $ 3,700 Estimated Contract Construction $221,000 Contract Construction Contingency Cost (10 %) $ 22,100 Estimated Total Project Cost $335,674 Appropriations to date $115,950 Estimated additional funding to date $219,724 0 0 Subject: Construct Refuse Transfer Station (Contract 2723) January 9, 1989 Page 2 L_J By transporting all City residential refuse to a County landfill rather than to commercial refuse transfer stations where commercial fees will be 250% higher than County fees, the City will save $507,500 in dumping fees in the first year of operation. This avoided cost slightly exceeds the estimated first year cost of the constructing, equipping and operating of the Transfer Station. Operation in the second and subsequent years should yield similar savings not offset by construction nor equipment expenditures. A budget amendment will be requested after bids have been received and the contract construction amount is known. If additional funding is necessary at that time, other budgeted capital improvement or capital outlay funding may be identified for use in this vital project. The estimated date of completion of the facility is May 15, 1989. All transfer station equipment (truck tractor and 2 trailers) has been purchased and is ready for operation. A full set of drawings will be on display in the Council conference room. Tours of the site and the equipment may be arranged with the General Services Director. David E. Niederhaus Benjamin B. Nolan General Services Director Public Works Director G:0 .. Attachment 40 i 0 .Tanuary 11, 1988 CITY COUNCIL AGENDA ITEM NO. F -11 TO: Mayor and City Council FROM: General Services Director SUBJECT: Establishment of a City Refuse Recycling/Transfer Station Recommendation: 1. Approve the establishment of a City refuse recycling /transfer station at City Yard. 2. Utilize City resources and the consultant services of SCS Engineers to obtain State and County permits to operate said station. Background: On December 14, 1987, at the Council Study Session, the establishment of a City operated recycling /transfer station was presented as a feature of the most economical, feasible alternative for future refuse operations. This station is vital to the continued economical refuse operations of the City when the Coyote Canyon Landfill closes in March 1989. City trucks must then travel a total of 25 extra miles per trip to the Dee Canyon Landfill. By transfering the small refuse truck loads to a large tractor trailer combination, the daily operation becomes more cost effective and efficient over a longer term. The utilization of such a station is justified for the following reasons: 1) It represents the most cost effective long term method of transporting City refuse. 2) It makes use of previous capital improvements, zoning, and geographical features. 3) It is a natural expansion of our existing transfer station • operations which have been utilized for over 15 years, to transfer beach, park, and street debris to larger vehicles for transit to the landfill. 4) It allows the continued control of economical City refuse operations for at least 25 years (service life of Bee Canyon Landfill). 5) It facilitates the expansion of recycling operations, which will become an absolute essential in Southern California during the next decade. 3 • 6) It avoids the rapid escalation of tipping fees at commercial refuse stations over which the City will have no control. 7) It insures quality control of refuse operations and promotes employee morale. The FY 1987 -88 refuse operations budget is projected to be $1,804,000. The FY 1988 -89 budget is estimated to be $1,935,000, if normal refuse operations could continue. The establishment of a refuse transfer station will require an estimated $279,000 in startup costs (equipment, construction, and consulting fees) , which when amortized will result in an estimated FY 1988 -89 refuse operations budget of $1,996,000. over $570,000 /year will be saved through the avoidance of commercial refuse station dump fees. The startup costs would effectively be recouped in the first six months of the recycling/ transfer station operation. David E. Niederhaus Lf a 1 i The site plan and project description, prepared by the consultants, SCS Engineers, is attached. This booklet will be the support documentation for the request for State and County permits for the station. A request consistent with the City Council decision on the refuse transfer station will be submitted in the FY 1988 -89 budget. • David E. Niederhaus Lf a 1 i