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HomeMy WebLinkAboutC-2779 - Back Bay Drive Drainage Containment Near Eastbluff Drive, and Corona del Mar Sidewalk ReplacementCIT"YOOF NEWPORT AACH July 2, 1991 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Guild Construction, Inc. 5100 E. La Palma, Suite 113 Anaheim, CA 92807 (714) 644 -3005 Subject: Surety: CBIC Bonding and Insurance Co. Contract No.: C -2779 Project: Back Bay Drive Drainage Containment near Eastbluff Drive, and Corona del Mar Sidewalk Replacement The City Council of Newport Beach on May 28, 1991 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 June 3, 1991, Reference No. 91- 275915. Sincerely, " "./, Wanda E. Raggio�G/V�G City Clerk WER:pm cc: Public Works Department 3300 Newport Boulevard, Newport Beach RECORDING REQUESTED BY AND 91-275915A WHEN RECORDED RETURN TO: EXEMPT RECORDING REQUEST PER �f GOVERNMENT CODE 6103 REt�aDeoINOFFicial RecoHDs City Clerk 7ylr OFORANGeCWNTY,CALIFOR A City of Newport Beach 3300 Newport Boulevard EXEMPT 4 :00 Newport Beach, CA 92663 C10 PM JUN 31991 NOTiCF. OF tMPI,ETION e Q order PUBLIC WORKS 'I o All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on April 26 1991 (he Public Works project consisting of BACK BAY DRIVE DRAINAGE CONTAINMENT NEAR EASTBLUFF DRIVE, AND CORONA DEL MAR SIDEWALK REPLACEMENT (C -2779) on which Guild Construction, Inc was the contractor, and CBIC Bon was the surety, was completed. I, the undersigned, say: 5100 E. La Palma , Pointe Drive i bY OF NEWPORT BFACH l c Worka Directoy .';I VERIFICATION I am the Public Works Director of the City of Newport Beach; Notice of Completion is true of my own knowledge. RECEIVED. ! JUN 28 1991 t. I declare under penalty of perjury that the foregoing is true and correct: Executed on May 30, 1991 at Newport Beach, California. Public orks 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 May 28, 1991 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 May 30, 1991 at Newport Beach, California. i i � r • i TO: City Council IY THE CITY COUNCIL Y OF NEWPORT BEACH MAY ? = 1991 APPROVED FROM: Public Works Department Li May 28, 1991 CITY COUNCIL AGENDA ITEM NO. F -12 SUBJECT: ACCEPT THE COMPLETION OF THE CONTRACT FOR BACK BAY DRIVE DRAINAGE CONTAINMENT NEAR EASTBLUFF DRIVE AND CORONA DEL MAR SIDEWALK REPLACEMENT (C -2=766W) 2779 RECOMMENDATIONS: 1. Accept the completion of 2. Authorize the City Clerk Completion. 3. Authorize the City Clerk days after the Notice of recorded in accordance w the Civil Code. DISCUSSION: the contract. to file a Notice of to release the bonds 35 Completion has been ith applicable portions of The contract for the construction of the subject contract has been completed to the satisfaction of the Public Works Department. The bid price was $79,939.24 Amount of unit price items constructed 75,024.88 Amount of change orders 12.600.00 Total contract cost $87,624.88 The decrease in the amount of the unit price items constructed was due in part to the sidewalk deleted where the curb access ramps were constructed. One Change Order was issued in the amount of $12,600.00. It provided for construction of curb access ramps at those locations where the sidewalk landing was being replaced. Funds for the project were budgeted in the General Fund, Account Nos. 02- 3390 -015 and 02- 3397 -183. The contractor is Guild Construction, Inc. of Anaheim. The contract date of completion was May 23, 1991. The work was completed on April 26, 1991. " 60,)64 Benjamin B. Nolan Public Works Director GPD:so CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 TO: FINANCE DIRECTOR y , y� - g/ FROM: CITY CLERK DATE: February 22, 1991 SUBJECT: Contract No. C -2779 Description of Contract Back Bay Drive Drainage Containment Near Eastbluff Drive, and Corona del Mar Sidewalk Replacement Effective date of Contract February 21, 1991 Authorized by Minute Action, approved on February 11, 1991 Contract with Guild Construction, Inc. Address 5100 E. La Palma, Suite 113 Anaheim, CA 92807. Amount of Contract $79,939.24 (�L "S ' Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach -,, f ` CITY CLERK Sealed bids may be eaceived at the office of the City Clerk, 3308 Newport Boulevard, P. 0. Box "1768, Wwport HeacIr CR SM9 1768. until 11.00 A.M. on the— J�sstt day of FFeebbrruiaarr , 199,1, at which time such bids shall be openedandlread for Back Bay Drive Drainage Containment Near Eastbluff Drive,and Corona Del Mar Sidewalk Replacement Title of Project 2779 ntract No. $105.000 Engineer's Utimate R Approved by the City Council this 14th day of January 1991 Wanda E. Raggio , City Clerk Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300.Newport Boulevard, P. 0. Box 1768, Newport Beach, CR 92659 -1768. For further information, call Lloyd R. Dalton at 644 =3311. Project ManaW: P Y v . nYe +a � -m. vs�� c Y ,�:,'Y -Li^ F4i � . ( •. 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL 9 PR 1.1 BACK BAY DRIVE DRAINAGE CONTAINMENT NEAR EASTBLUFF DRIVE, AND CORONA DEL MAR SIDEWALK REPLACEMENT CONTRACT NO. 2779 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659 -1768 Gentlemen: The undersigned declares that he has carefully examined the location of the work, that he has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all work required to complete this Contract No. 2779 in accordance with the Plans and Special Provisions, and that he will take in full payment therefore the following unit price for the completed item of work, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization @ Twenty -five hundred Dollars and No Cents $ 2500.00 Per Lump Sum 2. Lump Sum Remove Ex. 18" RCP and Construct Curb Inlet @ Three Thousand Dollars and No Cents $3000.00 Per Lump Sum I ', k •. . .o • PR 1.2 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 3. 597 Construct Type "A" curb Lin. Ft. and gutter with drainage rock, filter fabric, 12" subdrain and cleanout @ Forty -three Dollars and No Cents $ 43.00 $ 25,67T.00 Per Lineal Foot 4. 60 Install pipe and fittings to Lin. Ft. ex. bench drains @ Fifteen Dollars and No Cents $ 15.00 $900.00 Per Lineal Foot 5. 1142 Remove parkway paving Sq. Ft. @ One Dollars and Fifty Cents $ 1.50 $ 1713.00 Per Square Foot 6. 13,263 Replace sidewalk Sq. Ft. @Three dollars Dollars and Fort -eight Cents $3.48 $46,155.24 Per Square Foot i 0 • Seventy -nine Thousand Nine Hundred Thirty -nine Dollars and Twenty -four Cents TOTAL BID PRICE (WORDS) January 31, 1991 Guild Construction, Tnr Date Bidder 714 - 970 -1180 Bidder's Telephone No. 571867 "A" Bidder's License No. & Classification PR 1.3 $ 79,gl9.24 TOTAL BID PRICE (FIGURES) �i 5100 E. La Palma Suite 113 Anaheim, CA 92807 Bidder's Address • • Page 2 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS. 1. PROPOSAL 2. INSTRUCTIONS TO BIDDERS 3. DESIGNATION OF SUBCONTRACTORS 4. BIDDER'S BOND (sum not less than 10% of total bid price) 5. NON - COLLUSION AFFIDAVIT 6. TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. The City of Newport Beach will not permit a substitute format for the documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. In accordance with the California Labor Code (Sections 1770 et seq.) , the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7961 inclusive). The Contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 571867 "A" Contr's Lic. No. & Classification January 31, 1991 Date Guild Construction, inr. Bidd r L Aut/ orized Sig a re /Title Ziik Dudley, P ident • Page 3 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. Subcontract Work Subcontractor Address 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Guild fnnctrnrtion, Ines,, Bidder Aut orizedr Signatur?f tle Frank Dudley, Pres nt '• • Page 4 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, Guild Construction, Inc. , as bidder, and CBIC Bonding and Insurance Company , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten Percent of Amount Bid Not To Exceed Dollars ($ 14,300.00 ), Fourteen Thnucand Thrace Hnndrpd and No./Jon _ _ _ _ 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 Back Bay Drive Drainage Containment Near Eastbluff Drive, C -2779 And Corona Del Mar Sidewalk 'V' arpmpnt 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 29th day of January 19 91• _ (Attach acknowledgement of Bi der Attorney -in -Fact) � Notary Public Due yQ eJr tle r k e , st Commission Expires: Surety By Title . Barbara Thiel, Attorney -In -Fart STATE OF CALIFORNIA SS. COUNTY OF OQ- A'NC�fi On this ? I day of n ')0.+ q , in the year 1921. , before me, the undersigned, a Notary Public in a d for said State, personally appeared —rFi_ V— b, ..d lei( c -dad OFFICIAL NOTARY SEAL �i td t im�-t.L.. ;� �c _ , personally known to me � 9ENlSE L. LEIBOLD NoterYPUWic— Calilomia (or proved to me on the basis of s lisfactory evidence) to be the persons who executed the - ORANGE COUNTY within instrument as President , tNly Comm. Expires JUL 25,199. r re eetive . of the Corporation therein nametl, and acknowledged tome that the Corporation e executed it pursuant to its by-laws or a resolution of its board of directors. I WITNESS my hand and official seal. p . CC E ACKNOWLEDGMENT —CWp. —Res. 6 Sec. —Wo"ns ierm 222CA —A". 11-83 I 01983 WOLCOns. INC. IaNenassa zl Notary Public in and for said State. I STATE OF CALIFORNIA ) ) ss: ` County of ORANGE ) )� On this 29TH day of JANUARY 19--21_ , before me 'i YOLANDA Z.VEGA a Notary Public, personally appeared BARBARATHIEL personally known to me (or proved to me on the basis of satisfactory evidence) to be the Attorney -in -Fad of the CBIC Bonding and Insurance Company, and acknowledged to me that he subscribed the name of the CBIC Bonding and Insurance Company thereto and his own name as Attorney -in -Fact. MxYBCJ.D1 -M0 989 otary Public 0 CBIC Home Office: Limited 1213 Valley Street Power of Attorney Sea le, 9271 CBIC BONDING AND y Seattle, WA 98109 -0271 INSURANCE COMPANY (206) 622 -7053 KNOW ALL MEN BY THESE PRESENTS that CBIC BONDING AND INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of Washington, and having its principal office in Seattle, King County, Washington, does by these presents make, constitute and appoint BARBARA THIEL, of Laguna Hills, California, its true and lawful affomey -in -fad, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: (1) SBA guaranteed performance and payment bonds not exceeding the penal sum of $1,250,000; (2) bid bonds for jobs where, tithe contract is awarded, the SBA guaranteed performance and/or paymentbondd) will not exceed $1,250,000; (3) a0 other bonds coded and classified by the Surety Association of America in its Rate Manual of Fidelity, Forgery and Surety Bonds (including future amendments thereto) as Judicial, Contract (excluding bid bonds), Miscellaneous, License and Permit, and Federal not exceeding the penal sum of $2,000,000; (4) bd bonds for jobs written pursuant to the authority in clause (3) above where, if the contract is awarded, the performance and/or payment bond(s) will not exceed $2,DDO,000; and (5) all other bonds rot exceeding the penal sum of $500,000. Provided, however, that BARBARA THIEL is granted power and authority to exceed the applicable penal limit previously set forth for any bond in an amount equal to the amount of any leter of credit, or similar security, received as collateral security by the Company as an inducement to issue the bond; and to bind the Company thereby as fully and to the same edam as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly atested by its Secretary; hereby rafitying and confirming all that the said atomey -in -fad may do in the premises. Said appointment is made under and by authority of the following resolutions adopted by the Board of Directors of the CBIC BONDING AND INSURANCE COMPANY on January 15,1991: RESOLVED that the President is authorized to appoint as attorney in4act of the Company BARBARA THIEL with power and authority to sign on behalf of the Company: If SBA guaranteed performance and payment bonds not exceeding the penal sum of $1,250, ODO; (2) bid bonds for jobs where, if the contract is awarded, the SBA guaranteed performance and/or payment bond(s) will not exceed $1,250,000; (3) all other bonds crded and classified by the 5uretyAssociation ofAmericainits Rate Manual of Fidelity, Forgery and Surety Bonds (including htture amendments thereto) as Judicial, Contract (excluding rid bonds). Miscellaneous, License and Pere, and Federal not exceeding the penal sum of $2,000,000; (4) rid bonds forpbs written pursuant to the authority in clause (3) above where, if the contract is awarded, the performance and/or payment bonds) will not exceed $2,000,OOQ and (5) all other bonds not exceeding the penal sum Of $500,000. RESOLVED FURTHER that BARBARA THIEL is granted power and authority to exceed the applicable penal limit set forth in the preceding resolution for my bond in an amount equal to the amount of any leter of credit, or similar security, received as collateral security by the Company as an inducement to issue the bond. RESOLVED FURTHER that the authority of the Secretary of the Company to cenily the authenticily and effectiveness of the foregoing two resolutions in any lint ted Power of Atomey is hereby delegated to thefollowing persons, the signature of any of the following to bind the Company respect to the authenticity and effectiveness of the foregoing resolutions as 0 signed by the Secretary of the Company: Donald Sirkln, R. L. Thiel, Charles J. Falskow and Janet K. Lorraine. RESOLVED FURTHER that the signatures (including certification that the Power of Attorney is sfill in force and effect) of the Presider, Notary Public and person certifying authenticity and effectiveness, and the corporate and Notary seals appearing on any Limited Power of Atomey containing this and the foregoing resolutions may be by facsimile. RESOLVED FURTHER that all resolutions adopted prior to today appointing the above named as atomey -in -fact for CBIC BONDING AND INSURANCE COMPANY we hereby superseded. IN WITNESS WHEREOF, CBIC BONDING AND INSURANCE COMPANY has caused These presents to be signed by its President and its corporate seal to be hereto affixed this 15th day of January, 1991. CBIC BONDING AND INSURANCE COMPANY 00 SEAL /P ...... STATE OF WASHINGTON— COUNTY OF KING On this 15th day of January, 1991, personally appeared STEVENA. GAINES, to me known to be the President of the corporation thatexecuted the foregoing Limited PowerolAtlomeyand aduowledged said Limited Powerof Atomeyto be the free and voluntary act and deed of said corporation, forthe uses and purposes therein mentioned, and on oath stated that he is autarized oexeculethe said limited Power of Attorney. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year 'Duque, Notary Public in and or the State of Washington, residing at Seattle The undersigned, acting under authority of the Board of Directors of CBIC BONDING AND INSURANCE COMPANY, thereX certifies, as or m lieu of Certificate of the Secretary of CBIC BONDING AND INSURANCE COMPANY that the above and foregoing is a lull, true and coned copy of the Original Power of Atomey issued by said Company, and does hereby further ceriy that the said PowerolAbrumey is sfill in force s ``ed. GIVEN under my harR}c LA CA , this 29TH day of JANUARY ,19 91 x PoaBT02.05- US011591 4. NONCOLLUSION AFFIDAVIT State of California ss. County of Orange • Page 5 Frank Dudley being first duly sworn, deposes and says that he or she is President of Guild (rnn ,rurj; ,,_ _,nr the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, south by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Guild Construction, Inc. Bidder Subscribed and sworn to before me this day of , 19_ My commission expires: Notary Public STATE OF CALIFORNIA i7 COUNTY OF f On this day of 3nLar , in the year 19-21 ( before me, the undersigned, a Notary Public i 7 and for said State, personally appeared -- -- °- .: xray)k >urtad t RY OFFICIAL NOTA SG 4L a y G,, Id (f�ry,c-{- /Z'{z�, •Trc - , personally known to me % ". DEWSEL � It't0 _D iy7` t ; 3 '> Noary Pun6c +:ornia (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as ✓ President -- t- My Cam;m. EXpireS ,u� 24,704: ' ', of the Corporation therein named, and acknowledged tome that the Corporation I7 )i► executed it pursuant to its by -laws or a resolution of its board of directors. i I WITNESS my hand and official seal. ncxxawrecceaTS. INC coo —ne :. a sec. -wIV" rwm zzzca —aev. It 83 01983 WOLCOTTS. I 7once cross e 2) Notary Public in and for said State. •• 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 For Whom Performed (Detail) Person to Contact Tel Various Projects) 90 City of Santa Ana Ron WnlfnrA 714 -565 4028 Street Improvements 90 Citv of Oranae 90 City of o n Walker 213-590-6 N O T I C E • Page 7 The following contract documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of mailing Notice of Award to the successful bidder: PAYMENT BOND (Pages 8 & 9) FAITHFUL PERFORMANCE BOND (Pages 10 & 11) CERTIFICATE OF INSURANCE & ENDORSEMENTS (Pages 12, 13, 14) CONTRACT (Pages 15 & 16) The City of Newport Beach will not permit a substitute format for these contract documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Payment and faithful performance bonds shall organization or surety (1) currently authorized by to transact business of insurance in the State of as an acceptable surety in the latest revision Circular 570. Insurance companies affording coverage shall by the Insurance Commissioner to transact business of California, and (2) assigned Policyholders' Financial Size Category Class VIII (or larger) in edition of Best's Kev Rating Guide: Property -Cas be issued by an insurance the Insurance Commissioner California, and (2) listed of the Federal Register I (1) currently authorized of insurance in the State Rating A (or higher) and accordance with the latest ualty. Coverages shall be provided as specified in the Standard Specificat Construction, except as modified by the Special Prov The following Workers' Compensation Insurance Certification shall be executed and delivered to the Engineer along with a Certificate Of Insurance for workers' compensation prior to City's execution of the Contract: WORKERS' COMPENSATION INSURANCE CERTIFICATION "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Guild C -2779 Contract Number Frank u Dudley, Back Bay Drive Drainage Containment Near Eastbluff Driv Ple of Project del Mar Sidewalk.Replacement 4 EXECUTED IN FOUR COUNTERPARTS KNOW ALL MEN BY THESE PRESENTS, That PAYMENT BOND 0 BOND NO. CA2626 PREMIUM INCLUDED IN PERFORMANCE BOND. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted has awarded to February 11, 1991 Guild Construction, Inc. hereinafter designated as the "Principal ", a contract for Back Bay Drive Drainage Containment Near Eastbluff Drive, and Corona del Mar Sidewalk Replacement Page 8 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his or its subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of 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 Guild Construction, Inc. as Principal, and CBIC BONDING AND INSURANCE COMPANY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of Seventy -nine. Thousand Nine Hundred Thirty -nine and 24/100 Dollars ($ 79,939.24 ), said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his subcontractors, fail to pay for any materials, provisions, or other supplies, used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind or for amounts due under the Unemploy- ment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. The bond shall inure to the benefit of any and all persons, companies, and ' corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon I? 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 11TH day of FEBRUARY 19 91 Guild Construction, Inc. Seal) \ Name of Contractor (Principal) - _ Authorized Sgnature and Title ✓CBIC BONDING AND INSURANCE COMPANY (Seal) Name of Surety 23172 PLAZA POINTE'DRIVE SUITE 185 + LAGUNA HILLS CA 92653 ddresslof ,Surety BY: Signature ` and TItle of Aut or zit`', BARBARA THIEL, ATTORNEY —IN —FACT Address of gent (714) 770 -9733 Telephone No. of Agent I STATE OF CALIFORNIA l II jss. � COUNTY OF 4-9- &i_ pu 1 c C On this °L day of re »T "a F in the year 19 2 before me be undersigned, a Notary Public in and for said State, personally appeared u7 god pti1 i Id - cTsrt¢.a rrcu� a%raL. , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as ✓ President , respe=ivgy, of the Corporation therein named, and acknowledged to me that the Corporation executed it pursuant to its by -laws or a resolution of its board of directors. WITNESS my hand and official seal. ACKNOWLEDGMENT— Corp. —Pros. B Sec.— Wolcons Form 222CA —Rev. 1183 951993 WOLCOTTS. INC. (price class 82) Notary Public in and for said State. STATE OF CALIFORNIA ) ss: County of ORANGE On this 11TH day of FEBRUARY 29 --- 2-1 , before me Y01ANDA Z. VEGA , a Notary Public, personally appeared BARBARATHIEL — personally known to me (or proved to me on the basis of satisfactory evidence) to be the Attorney -in -Fact of the CBIC Bonding and Insurance Company, and acknowledged to me that he subscribed the name of the CBIC Bonding and Insurance Company thereto and his own name as Attorney-in-Fact. Me YBC1.01-CAI00989 I j 1'!" comm. Et :Fv t 1 CM Aw iBt1SURANCE COY i Limited power of Attorney wwwww� ..,,,,w Wasnu+9t0adcesby these pmsens tGBIG BONDING ,IM (1�j' KNOW ALLMENBYTHESEPRESEMSthaAND i or,�lo.. acklrowletl9e .__mwrth0nd 0orneaedtn is name, in theSBA9"aranteaaPe'tuwre amendments mero.,a d the cmrtractis aw and' Bonds UmclOd'v9 In clause (3) M FldeMy. Fm90ry to opswnttsnWmantrothe authodtY d bid bOin� i ProVlded,h oweed[,es�laten $ponds t*maxceed'n9 penal sum o13500,OD0 rate seals mot any lettetaf medit,or sa sealed vithNe corpo equalMMaanrou res nedby the s and by atM1hOriN of the lollow'09 re vemise5 Saitl �nInent is made premues • Home Office: 1213 Valley Street P.O. Box 9271 90271 x1 Seattle, 091 (206) �texceaa,`C"' - bid bonds), ^"�""�ma dndlor COnifasl (axdudi�B It the co,uois awarded, the PedO —wet and a0ft,ty 10 excl . d the aO whRre, Rd Federalratevw� Onu,uvv,a.-, Pa�tpand(sl wiNrotexcea0 S2, ,._ PP�ece�l Ntret seltonh inihe P'�'` toexcead rhea a me Company as a induc as pail amal S-cu mY by ment to issue the oo^d. _,,,eaNivenassotthetme90 �9�, ,,ysodatwnot F ArnarmA,,t,h,.e ' _n al sum of exeed9 Tae I,:$2.0" n an amount t RESOD. u 11 sdet of crodii, or amne, >�'...,. tocerdNihe aurae „u�•, - aum�,,,^^., - amou0tofany ottheGomPaM wah rasParAw Pubrro and Pa'S°” cmulym9 autheniwmt oitheSecretwl the tolfowin9lo"I'l the Company _ {Mary the s9natmeof anCJ Farskowand Janet K. Lamanre dihe Ptesidem, trtNle. RESOLVEDFURTHERihatiheauthhe st 4TMe1, is stip in trace and eheml resoWtion6 rnaYcebY IISCIadtothefollovwngP� tl$itiun, R. at AtLmmy this and the imeg0m9 6291 of the GOmPatry tNe P"af tairdn9 DINSURANCE COMPANY areheteby �d }991. Secretary cerBFcaf,my Umiied Power of Attorney DINGAN ai January , RES(FVED FURTHER chat lat and seas apPa ladiorCBIC BON and ne in- hereto a0ized ihls 15th day ss, and the c°Rorate and Notary ndngthe above named asaaa Y ntandll co grata seal to be eNeOtive(re rtOrodaY aDPp1 s Eby its Ptesltle COMPANY has caused these Presents mod aJn RESODUEDFURTHERthatallresolMoi +s adoptadW�° GRIC BONDING AND INSURANCE ""� tippt INWITNESSWHEREOF. _ G pINSUR4, ,y. CBIG BONDING AND INSURANCE COMP_ Srevav,. -- LINTY OF KING Knpwn W STATE OF WASHINGTON- -CD atsd STEVEN A.GAINES,m eion,folth, t491.POvmnallvoa ary tanddlell"saidwMa Onths 15th day olJ muaNpcetceiBeard I_imiled"ef01A1w ay �amxatl rap 0 IN Walsealiheday of AtromeY ma set my hand a WITNESS WHEREOF, l have heteu The undmW — COMPANY, INSURANCE is sliNln torte and oha01. GIVEN u,dl MY hand at paaBT02.05-0S01159t nn q"r g Umited SHINSA: poweroi �...........- iaegmng „rd of the cprypraiwn that executed ..,aimietl. endonoath stated that he is auttanZ *orAkr PtJeUG _ j/ 9f 2Tf , . �~ tease of the Saoretary 01 C81C BON iNAG9oWmay I t. Qom... �`� .m Neu of Certir .wr lusher cerdh ihatihesaid Power at Seatlla COMPAM'. hmaOY wlifies, as 0r am does hereby ingWn. rastd{n9 INSURANCE sued by said Company' of CBIC BONDING AND � Inal pawer at MITI% ,19 91, at the Board 01 Diredms nectcopY of the Ong ngls 00, tme andc0 _ �. _day of '• • Page 10 EXECUTED IN FOUR COUNTERPARTS FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That BOND NO. CA2626 PREMIUM: $1,599.00 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted February 11. 1991 has awarded to Guild Construction. Inc. hereinafter designated as the "Principal ", a contract for Back Bay.Drive Drainage Containment Near Eastbluff Drive, and Corona del Mar Sidewalk Replacement in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, Guild Construction. Inc. as Principal, and. CBIC BONDING AND INSURANCE COMPANY as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of Seventy -nine Thousand Nine Hundred Thirty -nine and 24/100 Dollars ($ 79,939.24 ), 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 I A Page 11 Faithful Performance Bond (Continued) of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal•-ah -d'' l�� 9 Surety above named, on the 11TH day of FEBRUARY 1 ".,_- GUILD CONSTRUCTION, INC. '. (lea Name of Contractor Principal - 1 AuPorized SlgnatuKAnd Tit e Frank Dudley Cy.4sident Aut orized Signature and Title CBIC BONDING AND INSURANCE COMPANY (Seal) Name of Surety 23172 PLAZA POINTE DRIVE SUITE 185 LAGUNA HILLS. CA 92653 . ddress of Surety BY: Signature and Title of Authorized Agent BARBARA THIEL, ATTORNEY -IN -FACT Address of Agent (714) 770 -9733 Telephone No. of Agent i ,., STATE OF CALIFORNIA t+� 4 COUNTY OF l Vj( C ss. OFFICIAL NOTARY SEAL DENISE L. LEISOLD p , ® Notary Public— California ORANGE COUNTY My Comm. Expires JUL 25,1994 On this day of ! t� rua in the year 19_qL before me, the undersigned, a.Notary Public in and for said State, personally appeared L" r r arld L: l It, Cc nS`<9ar-t7e>L TnL- personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President a - �-- -- rgly, of the Corporation therein named, and acknowledged to me that the Corporation executed it pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. ACKNOWLEDGMENT— Corp. —Pros. d 5ec.— YVO10115 Form 222CA -8m. rvBG 01983 WDLCDiiS, INC. _ (price class 841 Notary Public in and for said State. STATE OF CALIFORNIA J ) ss: County of ORANGE J On this 11TH day of Y01ANDA Z.VEGA FEBRUARY l9 91 before me a Notary Public, personally appeared BARBARATHIEL personally known to me (or proved to me on the basis of satisfactory evidence) to be the Attorney -in -Fact of the CBIC Bonding and Insurance Company, and acknowledged to me that he subscribed the name of the CBIC Bonding and Insurance Company thereto and his own name as Attorney -in -Fact. MKYBCJ.01- CM00989 f � 0 1193 .W MWj CBIC Home Office: Limited 1213 Valley Street P.O. Box 9271 CBIC BONDING AND Power of Attorney Seattle, WA 98109 -0271 INSURANCE COMPANY (206) 622 -7053 KNOW ALL MEN BY THESE PRESENTS that CBIC BONDING AND INSURANCE COMPANY, a corporation duty organized andexisting under me laws of the State of Washington, and having its principal office in Seattle, King County, Washington, does by these presents make, constitute and appoint BARBARA THIEL, of Laguna Hills, California, Its true and lawful anomey- infact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: (1) SBA guaranteed performance and payment bonds not exceeding the penal sum of $1,250.000; (2) bid bonds for jobs where, if the contract is awarded, the SBA guaranteed performance and/or payment bonds) will not exceed $1,250,000; (3) all other bonds coded and classified by the Surety Association of America in its Rate Manual of Fidelity, Forgery and Surety Bonds (including future amendments install as Judicial, Contract (excluding bid bonds), Miscellaneous, License and Permit, antl Federal not exceeding the penal sum of $2,000,000; (4) bid bonds for jobs written pursuant to the authority in clause (3) above where, if the contract is awarded, the performance and/or payment bonds) will not exceed $2,000,000; and (5) all other bonds Trot exceeding the penal sum of $500,000. Provided, however, that BARBARA THIEL is granted power and authority to exceed the applicable penal limit previously set forth for any bond in an amount equal to the amount of any letter of credit, or similar security, received as collateral security by the Company as an inducement to issue the bond; and to bind the Company thereby as fully and to the same extent as it such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby rail and cordirmmg all that the said attaney:m -fact may do in the premises. Said appointment is made under and by authority of the following resolutions adopted by the Board of Directors of the CBIC BONDING AND INSURANCE COMPANY on January 15,1991: RESOLVED that the President is authorized to appoint as atiomap"- Iactof the Company BARBARATHIELwhin power and authority to sign on behalf of the Company. if SBAguara lxssd performance and payment bonds not exceeding the penal sum of $1,250,000; (2) bid bonds forjobs where, if the contract is awarded, the SEA guaranteed performance and /or paymenthond(s) will not exceed $1,250,000; (3) all other bonds coded and classified by the Surety Association of America in its Pate Manual of Fidelity, Forgery and Surety Bonds (including future amendments thereto) as Judicial, Contract (excluding bid bonds), Miscellaneous, License and Permit. and Federal not exceeding the penal sum of $2,000,000; (4) bid bonds for jobs written pursuant to the authority in clause (3) above where, if the contract is awarded, the performance andlot paymenthontl(s) will not exceed $2,OW,000; and (5) all other bonds not exceeding the penal sum Of $500,000. RESOLVED FURTHER that BARBARA THIEL is granted power and authority to exceed the applicable penal limit set forth in the preceding resolution for any bond in an amount equal to the amount of any letter of credit, or similaf security, received as collateral security by the Company as an inducement to issue the bond. RESOLVED FURTHER that the authority of the Secretary of the Company tocar ifythe authenticity and effectiveness of the foregoing two resolutions in any Limited Power at Attorney is hereby delegated to the following persons, the signature of any of the following to bind the Company with respect to the authenticity and effectiveness of the foregoing resolutions as if signed by the Swelwy of the Comparry: Donald SnIum, R. L. Thiel, Charles J. Falsxow and Janet K. Lorraine. RESOLVED FURTHER that the signatures (including certification that the Power of Attorney is still in force and effect) of the President, Notary Public and person certifying authenticity and effectiveness, and the corporate and Notary seals appearing on any Limited Power of Attorney containing this and the foregoing resolutions may be by facsimile. RESOLVED FURTHER that all resolutions adopted prior to today appointing the above named as attorney- im fact for CBIC BONDING AND INSURANCE COMPANY are hereby superseded. IN WITNESS WHEREOF, CBIC BONDING AND INSURANCE COMPANY has caused these presents to be signed by its President and its corporate seal to be hereto affixed this 15th day of January, 1991. CBIC BONDING AND INSURANCE COMPANY STATE OF WASHINGTON -- COUNTY OF KING pND INSlr .m0•AGOPPOR4rFC':'3 SEAL; ING1�= On this 15th day of January, 1991, personally appeared STEVEN A. GAINES, to me known to be the President of the corporation that executed the foregoing Limited Power of Attorney and acknowledged said Limited Power of Attorney to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said Limited Power of Attorney. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above The undersigned, acting under authority of the Board of Directors of CBIC BONDING AND INSURANCE COMPANY, INSURANCE 7h-,d �ale above and foregoing isalull, true and correct copy of the Original Power ofAffornay it is still in force GwEN ander , this 11.17{ PoaBT02.05-US011591 p0T4q.t, '0l7euc es, as or in lieu of Certificate of the Secretary of CBIC BONDING AND Company, and does hereby further certify, that the said Power otAbomay day of FEBRUARY g 91 I - - : 4 1- • • • panp 19 C E C TE pp RTIFI.CATE : s� F.�.'�,;:,INSURA PRODUCER COMPANIES AFFORDING COVERAGE COMPANY A Aylor Insurance Agency, P. O. Box 338, LETTER U.S.F. & G. El Toro, CA 92630 COMPANY 8 U.S.F. & G. INSURED LETTER Guild Construction, Inc. 5100 E. La Palms, Suite 113 COMPANY C U.S.F. & G. Anaheim, CA 92807 LETTER .COVERAGES 0% 0 THIS IS T LOW HAVE I 90r,01, E INSURED NAMED ABOVM4 POLICY"PEA10b e4OfCATED. NOTMTHSTANDING ANY REOUIRCMeNT• TEMA OR CONDITION OF AJ.Y CONTRACT OR OTHER DOCUMENT WITH RESPECT TO MICH THIS CErTIFIFICAIC MAY BE ISSUED OR MAY PERTA.M. THENSURANCE AFFORDED BYTIfE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL 711E TERMS. EXCLUSIONS. AND CONDITIONS OF SUCH POLICIES AND IS NOT AMENDED. EXTrNbEO OR ALTERED BY THIS CERTIFICATE. CO7 L T"-_ OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE AL LI L MITS IN THOUSANDS GCNERAL LIABILITY (OCx-,URANCE BASIS ONLY) GENERAL AGGREGATE S 1,000 A LM COMMERCIAL IMP 126375843 11-1-90 11-1-91 PRODUCTS /COMPLETED 11,00o I COMPACHENSNE OPERATIONS AGGREGATE OWNERS & OONTPACTOAS ED PROTECTIVC PERSONAL INJURY 51,000 ❑ CON1VACT, UAL FOR SPECIFIC CONTRACT EACH OCCUPLitNQE S1,000 PRODUCTSICOMPf- OPER. IJ xr-U HAZARDS BROAD FORM PROP. DAMAGE ....... STVEFABIL-Y OF INTEREST FIRE DAMACE S 50 CLAUSE (ANY ONE FIrLj ❑ PERSONAL INJURY WITI I EMPLOYEE EXCLUSION MEDICAL F-KPENSES 5 .MOVED fp.NY ONE pewswl) MARINE AUTOMOBILE UASILM 1,000 E B ®wCOrtM1PERU !AB3001160800111-1 901 11 1 91 .. . . ....... .. .. ..... BCOILYINJ RY I . WFED (PE.1 AMOUNT) . ...... NO N_OWNCD . PAOPEAT'y S DAMAGE EXCESS LIABILITY EACH AGGREGATE UMBRELLA FORM NCE I OTHER THAN UMBRELLA FORM STATUTORY �CH�ACCOENT WORKErS' COIAPENSAT10N S 500 C AND 40 0598390-1 11-1-90 s 500 DISEASE -POLICY LIMIT EMPLOYER'-* UA5ILrrf 900 DISEASE -EACH EMPLOYEE —TONGSHORE WS AID HARBOR mFN WORKERS' ��mp=HlnAoRNBO COMPENSATION STATI,70RY DESCRIPTION OF ITEMS: ALL OPERATICNS FEFTQRMED FOR THE CT' OF NEWPORT BFACtl Cry OR ON BEHALF CC THE NWED INSURED IN CCNNE(7MN w7H THE FOLLOWINr, CCU-.R,�CT Back Say Drive Drainage Containment Near Eastbluff.Drive, and Corona del Mar Sidewalk Replacement C-2779 PROJECT ITTLE AND CONTRACT NUMBER 777-77777777��: ..... CERTIFICATE; HOLDER oCANCELLATION • SHOULD ANY OF ThC ABOVE OL`SCF: 27_0 POLICIES BE NON�RCNUNCU, CITY OF NEWPORT BEACH -1 E r-0- BOX 1765 3:1011 NEWPORT BLVD, NEWPORT BEACH. CA 92659-1768 i CITY OF NEWPORT BEACH AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT Page 13 It is agreed that; 1. With respect to such insurance as is afforded by the policy for Automobile Liability, the City of Newport Beach, its officers and employees are additional insureds but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named Insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded said additional Insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage." 3. The limits of liability under this endorsement for the additional insureds named in Paragraph 1. of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit; ( ) Multiple limits Bodily Injury Liability b per person Bodily Injury Liability $ per accident Property Damage Liability S (x) Combined Single Limit Bodily Injury Liability and Property Damage Liability $ 1,000,000 - The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one accident or occurrence in excess of the limits of liability stated in the policy as applicable to Automobile Liability Insurance. 4. Should the policy be non - renewed, cancelled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. Back Bay Drive Drainage Containment Near Eastbluff 5. Designated Contract; Drive, and Corona del Mar Sidewalk Replacement C -2779 Project Iltle and Contract o. This endorsement is effective 02-11 -91 at 12:01 A.M. and forms a part of Policy No. IAB3001160800 of U.S F Pompany A or�ngY Coverage Insured Guild Construction, Inc. Endors Producer Edward B. Ay)-or By TEL No Feb. 7,91 16:07 f.1-14 CITY OF NEWPORT BEACH . Page 14 GENERAL LIABILITY INSURANCE ENDORSEMENi It is agreed that: 1. With respect to such insurance as is afforded by the policy for General Liability, the City of Newport Beach, its officers and employees are additional insureds, but only with respect to liability arising out of operations performed by or on behalf of the named Insureds in connection with the contract designated.below or acts and omissions of the additional insureds in connection with its general supervision of such operations. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy, 2. The policy includes the following provision: "The insurance afforded by the.policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage. 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or' hold harmless provision con- tained in the written contract designated below, between the named insured and the City of Newport Beach. 4, With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU" hazards) are deleted, 5. The limits of liability under this endorsement for the additional insured(s) named in Paragraph 1. of this endorsement shall be the limits indicated below written on an "Occurrence" basis: (x) Commercial ( ) Comprehensive General Liability $ 1,000,000 each occurrence $ 1,000,000 aggregate The applicable limit of Contractual Liability for the company affording coverage shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insured(s). The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to General Liability Insurance. 6. Should the policy be non - renewed, cancelled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. Back Bay Drive Drainage Containment Near Eastbluff Drive, and 7. Designated Contract: Corona del Mar idewalk R pLLreRirt1S_ C_2722 This endorsement is effective n�_11_91 at 12:01 A.M. and forms a part of Policy No. innn126375g4� Of U.S.F. & G. Insurance Conant J (Company A- ording Coverage) Insured Guild Construction, Inc. Endo Producer Edward B. Aylor ve • • Page 15 CONTRACT THIS AGREEMENT, entered into thf%Q day of 12 o 19 by and between the CITY OF NEWPORT BEACH, hereinafter "City, and Guild Construction In , hereinafter "Contractor, "is made with reference to the fol owing facts: (a) City has heretofore advertised for bids for the following described public work: Back Bay Drive Drainage Containment Near Eastbluff Drive, and Corona del Mar Sidewalk Replacement C -2779 Title of Project 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: Back Bay Drive Drainage Containment Near Eastbluff Drive, and Corona del Mar Sidewalk Replacement C -2779 Title of Project Contract No. which project is more fully described in the contract documents. Contractor shall perform and complete this work in a good and workmanlike manner, and in accordance with all of the contract documents. 2. As full compensation for the performance and completion of this work as prescribed above, City shall pay to Contractor the sum of Seventy -nine Thousand Nine Hundred Thirty -nine dollars and 24/100 (S 79.939.24 I. This compensation includes (1) any loss or damage arising from the nature of the work; (2) any loss or damage arising from any unforeseen difficulties or 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 Contrac or 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) ' • 10 Page 16 (f) Plans and Special Provisions for Rark Ray Drives Drainage C -2779 Containment Near Eastbluff Drive and Corona dPl Mar S;dewa " Replacement Title of Project Contract No. (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. ATTEST: i APPROVED AS TO FORM: /� "- , 44d- City ttorn CITY OF NEWPORT BEACH By Mayo n, CITY Authorized Signature and Title E CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 INDEX FOR SPECIAL PROVISIONS BACK BAY DRIVE DRAINAGE CONTAINMENT NEAR EASTBLUFF DRIVE, AND CORONA DEL MAR SIDEWALK REPLACEMENT CONTRACT NO. 2779 I. SCOPE OF WORK . . . . . . . . . . . . . . II. COMPLETION, SCHEDULE & PROSECUTION OF WORK 1 III. LIQUIDATED DAMAGES . . . . . . . . . . . . . . . . 2 IV. CLASSIFICATION OF CONTRACTOR'S LICENSE . . . . . . . 2 V. PAYMENT . . . . . . . . . . . . . . . . . . . . . . . 2 VI. WATER . . . . . . . . . . . . . . . . . . . . . . . . 2 VII. PUBLIC CONVENIENCE AND TRAFFIC CONTROL . . . . . . . 3 A. Traffic Control Plans . . . . . . . . . . . 3 B. "NO PARKING, TOW - AWAY" Signs. . . . . . . . . . 3 VIII. CONSTURCTION SURVEY STAKING . . . . . . . . . . . . . 4 IX. CONSTRUCTION DETAILS . . . . . . . . . . . . . . . . 4 A. Sidewalk Replacement & Parkway Removal. . . . . 4 B. Clearing, Grubbing & Excavation . . . . . . . . 5 C. Drainage Fabric . . . . . . . . . . . . . . . . 5 D. Subdrain Pipe . . . . . . . . . . . . . . . . 6 E. Gravel Backfill . . . . . . . . . . . . . . . . 6 F. Existing 18" RCP . . . . . . . . . . . . . . . . 6 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR BACK BAY DRIVE DRAINAGE CONTAINMENT NEAR AND CORONA DEL MAR SIDEWALK REP CONTRACT NO. 2779 I. SCOPE OF WORK • 1 of 6 CX . t %da�4s1 IFF\ RIVE, The work to be done under this contract consists of (1) constructing a subdrain, a curb inlet, and curb and gutter along Back Bay Drive; (2) reconstructing sidewalk in Corona del Mar, and (3) performing other incidental items of work as necessary to complete the work in place. All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Project Plan (Drawing No. D- 5202 -5); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1988 Edition); (4) the Standard Specifications for Public Works Construction, (1988 Edition, including Supplements) ; and the most recent editions of the Uniform Building Code and the National Electric Code, as the same may apply (which specifications are herein referred to as the Standard Specifications) and in accordance with the following Special Provisions and Specifications. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department for Five Dollars ($5.00). Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, telephone (213) 202 -7775. II. COMPLETION, SCHEDULE AND PROSECUTION OF WORK No work shall begin until a schedule of work and a traffic control plan, prepared by the Contractor, have been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five (5) working days prior to commencing any work. The following requirements shall be incorporated into the schedule: A. All work under this contact shall be completed on ;'or before May 10, 1991. B. All work, including clean -up, for the Back Bay Drive drainage containment shall be completed within 20 consecutive calendar days. C. All work, including clean -up, for Corona del Mar sidewalk replacement shall be completed within 27 consecutive calendar days. • • SP 2 of 6 III. LIQUIDATED DAMAGES In addition to those sums specified in Section 6 -9 of the Standard Specifications, the Contractor shall pay to the City, or have withheld from monies due the Contractor, the daily sum of $250.00 for each calendar day exceeding the number of calendar days specified under paragraph B and C of Section II. The Contractor's inability to obtain materials or labor in a timely manner to complete the specified work within these time limits shall not deter assessment of damages. The intent of this Section is to emphasize to the Contractor the importance of prosecuting his work in an orderly, preplanned, continuous sequence so as to minimize the length of time a roadway, driveway or walkway is closed to pedestrians or vehicles, and to minimize the exposure of the public to risk of bodily injury due to the Contractor's work. IV. CLASSIFICATION OF CONTRACTOR'S LICENSE At the time of bid and until completion of work, the Contractor shall possess a General Engineering Contractor A license or Specialty Concrete Contractor C -8 license. At the start of work and until completion, the Contractor shall possess a business license issued by the City of Newport Beach. V. PAYMENT The unit or lump sum price bid for each item of work shown on the proposal shall be considered as full compensation for labor, equipment, materials and all other things necessary to complete the work in place, and no additional allowance will be made therefor. Payment for incidental items of work not separately provided for in the proposal (e.g., excavation, removal, sawcutting, protecting property corners, preparing subgrade, etc.) shall be included in the unit prices bid for items of work. Partial payments for mobilization shall be made in accordance with Section 10264 of the California Public Contract Code. VI. WATER If the Contractor elects to use City's water, he shall arrange for a meter and tender a $500 meter deposit with the City. Upon return of the meter in good condition to the City, the deposit will be returned to Contractor, less a quantity charge for water usage. • SP 3 of 6 VII. PUBLIC CONVENIENCE AND SAFETY The Contractor shall provide for traffic control and access in accordance with Section 7 -10 of the standard specifications except as modified herein, and with the standards contained in the Work Area Traffic Control Handbook (Watch), also published by Building News, Inc. A. Traffic Control Plans The Contractor shall submit a written traffic control plan for the Back Bay Drive drainage containment job to the Engineer and obtain his approval a minimum of five (5) working days prior to commencing any work. The traffic control plans shall incorporate the following: 1. The location and wording of all signs, barricades, delineators, lights, warning devices, temporary roadway restrictions, and any other details required to assure that all traffic will be handled in a safe and efficient manner with a minimum of inconvenience to bicyclists, motorists and pedestrians (Back Bay Drive may be closed to bicyclists, motorists and pedestrians during working hours provided that the Contractor shall reopen traffic lanes and consolidate equipment and materials, at the Engineer's approved location, upon completion of each days' work). A complete and separate plan for each phase of construction proposed by the Contractor showing all items listed under 1. above and the restrictions of Section II. COMPLETION. SCHEDULE. AND PROSECUTION OF WORK. B. "NO PARKING. TOW - AWAY" Signs Where any restrictions mentioned necessitate temporary prohibition of parking during construction, the Contractor shall furnish, install, and maintain in place "NO PARKING, TOW- AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty (40) hours in advance of the need of enforcement. • • SP 4 of 6 The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12 inches wide and 18 inches high; and (3) be similar in design and color to Sign No. R -38 of the Caltrans Uniform Sign Chart. The Contractor shall print the hours, days and date of closure in 2- inch -high letters and numbers. A sample of the completed sign shall be approved by the Engineer prior to posting. Errors in posting "NO PARKING, TOW - AWAY" signs, false starts, acts of God, strikes, or other alterations of the schedule will require that the Contractor repost the "NO PARKING, TOW - AWAY" signs at no additional compensation. VIII. CONSTRUCTIOIN SURVEY STARING Field staking for control of construction will be provided by the Engineer. Limits of removal are field - identified by orange or white paint marks. Existing survey ties adjacently to removals shall be protected and maintained. In situations where survey ties interfere with the work, the Contractor shall notify the Engineer a minimum of two (2) working days prior to removal so that the Engineer can survey and reset survey ties. IX. CONSTRUCTION DETAILS A. Sidewalk Replacement and Parkway Paving Removal 1. Sidewalk replacement and parkway paving removal quantities and locations along Corona del Mar streets are indicated in the attached schedule, and are field identified by white paint markings. 2. The approximate linear footage of sawcutting is shown in the attached schedule. Should the Contractor damage the sawcut edge during or after removal, the damaged edge shall be removed by additional sawcutting and replaced at the Contractor's sole expense. 3. The Contractor shall grade and form sidewalk panels per Std.- 180 -L, and shall finish the panels to match the appearance of adjoining panels of sidewalk. 4. Sidewalk shall be opened to pedestrian use on the day following concrete placement. Pavement subject to vehicle loads shall be barricaded and not opened to vehicle loads for at least 5 days following concrete placement. • SP 5 of 6 5. Parkway paving panels are to be removed without replacement, except that the contractor shall fill and level the removal areas with imported or excess graded clean soil. 6. The Contractor shall cooperate with City forces which may elect to prune certain parkway tree roots while sidewalk panels are removed. The Contractor shall allow as much as three week days after panel removal for City forces to accomplish such root pruning. 7. The Contractor may anticipate a certain amount of parkway sprinkler pipe breakage associated with sidewalk replacement. Such breakage shall be repaired by the Contractor as an incidental item of work. B. Clearing. Grubbing and Excavation 1. The Contractor shall remove Back Bay Drive AC curb and pavement at full thickness sawcuts. AC sawcuts shall be located to permit at least a 12 -inch width of 8 -inch thick AC patchback adjacent to new gutter construction. Patchback, asphalt repair work and resurfacing are to be done by others, 2. The Contractor shall remove Corona del Mar parkway and sidewalk panels to expansion joints or to full depth sawcuts along score lines (where they exist). 3. The Contractor shall remove and dispose of all AC patches and ramps upon sidewalk panels adjoining those sidewalk panels which are to be reconstructed. 4. The Contractor shall dispose of clearing, grubbing and excavation materials at his sole expense in a manner and at a location acceptable to cognizant agencies. C. Drainage Fabric Drainage fabric shall be 4� oz. /yd. minimum weight non -woven polypropylene such as Supac 4k NP by Philips Fibers Corporation, (800) 437 -6600; Drainage 4545 by Amoco Construction Fabrics, (404) 956 -9025; Terra Tex SD by Webtec, Inc., (800) 525- 6525; Marafi 140 NS by Marafi, Inc., (714) 859- 8984; or Trevira Spunbond 1115 By Hoechst Fibers Industries, (800) 845 -7597. D. E • 0 SP 6 of 6 Fabric shall be installed and gravel shall be backfilled in strict conformance with the fabric manufacturer's written instructions. The Contractor shall submit at least 2 copies of such instructions to the Engineer for approval at least 2 weeks prior to placement of fabric. Subdrain Pipe Subdrain pipe materials shall be perforated 1) SDR 35 PVC or Schedule 40 PVC conforming to the requirements of ASTM D -1785, or 2) perforated HDPE with minimum stiffness of 35 PSI at 5% deflection conforming to the requirements of ASTM F -667. Perforations shall be 3 at 1200 configuration, slotted or circular, with 1.75 sq. in. minimum inlet area per foot of pipe. Pipe shall be installed in strict conformance with pipe manufacturer's written instructions. The Contractor shall submit at least 2 copies of such instructions to the Engineer for approval at least 2 weeks prior to placement of pipe. Gravel Backfill Gravel backfill shall be No. gradation per §200 -1.4 Specifications and shall be density. F. Existina 18" RCP 2 Concrete Aggregate of the Standard compacted to maximum The existing 18" RCP to be removed for curb inlet usually contains a continuous volume of drainage flow from adjacent property. The Contractor shall divert this flow during construction and cure of the curb inlet invert. The Contractor's method of diversion shall be approved by the Engineer prior to excavating for the curb inlet. S*ALK REPLACEMENT & PARKWAY REMO* SCHEDULE Page 1 LOC. NO. STREET NAME & NO. SIDEWALK SQ. FT. PARKWAY SQ. FT. SAW CUTTING xuvl' PRUNING S S FIA2EL DtZ��lE Zit 8 Z sot z 8 3 52I 48 t t� 5 503 12- 9 (s 4• F. 5o0 24 427 48 4 As. ao 4 °I ISIS P.G.. 72- Izo Ife,S to 412 72 $ 11 L4so IS(. 49 I(o,S q9S 12 $ gib 22.5 I (o t s 32 $ 4 t4 t5 Sqo 60 8 ? Ib sso 49 g t'1 3 5Z 2q$ 4 e 5 19 -9W qz. Io 19 Sot 58 �} 20 3o(e $o 2t 2Sb $o ?2 2r 110 23 240 No 2-4 S,3(. 113 4 2-5 2-18 2.4 1 18 12.•S TOTALS I<:SDS 261 Igi3.S E SIDEWALK REPLACEMENT & PARKWAY REMOVAL SCHEDULE Page 2 LOC. NO. STREET NAME & NO. SIDEWALK SQ. FT. PARKWAY I SQ. FT. b"lvv CUTTING m l PRUNING 1 L 1 -711 4 -log �g -7o-7 -701 ----- ------ 61`t (o r7 I 4b ---------- — �-4_ —� 10 (Ott -77, 12. kel- 13 (ovS l6 z.l ?z 17. 7.4 lq 51S 3(l foe, 2-4 q2-7 IS7 142-C (00 E3 2-lo 4L� TOTALS 1 —t I Ze 52� SALK REPLACEMENT & PARKWAY REMOVACHEDULE Page 3 LOC. NO. STREET NAME & NO. SIDEWALK SQ. FT. PARKWAY SQ. FT, 5Aw CUTTING xuvi PRUNING — — - y y1S Zvi t3 -3 '� S b 3ZSd .G 2t 21`1 ZZ 108 L4 7 2 2.4 8 t L R _ i 20 _ —/7 8 �0 l y 13 '32.1 L 'fb bt rE ' /- 32 ! z Z z 8 ! Zo %$ !Y 314P Ba Ib 14) d3m 20 3o4 3L Ito _ �yy -- -._... — ..._..__._..... ... j___3_.__.. -- 4 i ..... - - - - -- TOTALS SID K REPLACEMENT & PARKWAY REMOVAOCHEDULE Page 4 LOC. NO. STREET NAME & NO. SIDEWALK SQ. FT. PARKWAY SQ. FT. SAW CUTTING Kwi• PRUNING -712. 3 ?!b S_ f 709 -- G 10%. - z4 9 - _3 --__ - - - - -- 1 lv 600 ! 76 I ye's _ i 13 'o _ 48 _ ES l Slo 2� ES l4 SOS 3l° Es 17 ,sod z� YES �y S02, !q - gig -�8 17-S, t , lip z - -j - — Syr st3 1 27 /Z yEs TOTALS /3 33/•� ��•J SIALK REPLACEMENT & PARKWAY REMOVOCHEDULE Page 5 IOC. NO. STREET NAME & NO. SIDEWALK SQ. FT. PARKWAY SQ. FT. SAW CUTTING Rcxr1' PRUNING y4nr 03 /yo yes y kc N 7,7 cS S b01 S� 4/ bay /ail Lo 1 Zq -703 48 S to '7o S q6 y� it 09 0 41 q �� �ls s zo yEf 70 3( is IV 48 G l3 1a5µi&1e AVE. 7z 7 X11 bo !P 707 ! z �i !r/4 042 4vJ7 q6 93 LOOS - - - - -- —S� !� Ge1 6 Ar szi 8P ¢� Si3 24 9 �fES TOTALS 118o4 14'7 q y SID&K REPLACEMENT & PARKWAY REMOVA KCT EDULE Page 6 LOC. NO. STREET NAME & NO. SIDEWALK SQ. FT. PARKWAY SQ. FT. SAW CUTTING RUV1' PRUNING f Sdf -m sm;Aje Avs . /00 8 Y e4 a1 2q yEr A-F 90z 241 41 s �3 T ID Igo s sk, 7 y 4 O6 '7b Sl ? 6rb Z� 8 $ 41z 9 614 141 to 1011: 7(e 11 620 64 lY 70 4a f ES 13 71 $ Z 1� ?zo 19 �! it AvE . 34 7111 $4 r �r 70 f lot 4f YET ya 4,eT �'� Sly -------- - - - - -- - - -Sy -- � 3 7,4141 404A. --U 's ( y 2-1 2 fit' GIq 311- 8 -7or b4 TOTALS �Ao 10 ` SIDAK REPLACEMENT & PARKWAY REMOVA•CHEDULE Page 7 LOC. NO. STREET NAME & NO. SIDEWALK SQ. FP. PARKWAY SQ. FT. SAW CUTTING Rare PRUNING l -2 S69 AVE, v ►3 L 7 141 Z5F �f S zz (,�alcon vE. � 8 � ? ►Z US p 6� 7y 9 ?03 lc ►1 3 b [r ► 36 TOTALS / '�� SIDF4lALK REPLACEMENT & PARKWAY REMO* SCHEDULE Page 8 LAC. NO. STREET NAME 6 NO. SIDEWALK SQ. FT. PARKWAY SQ. FT. SAW CUTTING HOOT PRUNING Rocf 8 Z L 4 o Rc.N• /2 �/ S y S s 3b /� 36 3 y.9 fo 6 S� Is' 41.r 12 7 107 le. c EI M 3 it B / s; cfr JAI ZI 2 � rn vti(C 4g, 2-q TOTALS $O /p /n S SIg&K REPLACEMENT & PARKWAY REMOV0CHEDULE Page 9 IOC. NO. STREET NAME & NO. SIDEWALK SQ. FT. PARKWAY SQ. FT. yew CUTTING Mvi• PRUNING ! 8 y goo /v j 3 30� ?or i, ES S 3ro ,r6 56 :•s 6 3/7 Sf! 44 '107 izj / L e�S 1 307 /0 301 !f% �� zq I6 Iy L$ 5�8 8 yES /3 2z3 3z ? {4 /S 7,01 Ef / o L9 01W fird eA",& 411 � E•f 17 00 41&j. /i m;d9 1-2- / I 3zo 1.4zkr1&x Ate• Yd Sjr Z• s' Et 316 �-► 3/o 6 L� yEs 309 9 300 /2 q c' 7,y7 S8 / 6 �6 3/0 / L �S TOTALS /37y / i SID&K REPLACEMENT & PARKWAY REMOV_ P CHED_ULE Page 10 LOC. NO. STREET NAME & NO. SIDEWALK SQ. FT. PARKWAY SQ. FT. SAW CUTTING hLur PRUNING 313 4F�ks(li.c ,¢vE , / Vo `f 6-j- 34( f Fs 3 3 r7 311 9z- E1 TOTALS ' SID SK REPLACEMENT & PARKWAY REMOVALAECHEDULE Page 11 LOC. NO. STREET NAME & NO. SIDEWALK SQ. FT. PARKWAY SO. FT. SAW CUTTING ROOT PRUNING Zo bo /dv oa AvE. 9b y�f yo I6 y 76 /2 ofiv, 12. /z 8 y 74 9 �%4 to 4I ! .ir N9 (( 1- ►y fir P 8 n )Is { / 16 / TOTALS '26 ' Sl VLK REPLACEMENT & PARKWAY REMOVP"CHEDULE Page 12 LOC. NO. STREET NAME & NO. SIDEWALK SQ. FT. PARKWAY SQ. FT. _lAw CUPPING Mir PRUNING 3 500 TASAdAA95 AVe. 7,40 rSh•S /2.s" yES 301 TAS/Lin16 A05. Z S oo xa; S Avg • 6 3cx> C- oi-MA14on AVE. 31 (Cl yas or Scavi;r✓ qpr. ,Z2 ye.r �( 23? ';rI2%S AvE. //2 /6 � 231 L,aak.SPue �+�E• 35F 8 2? Mk46u6-Co' li l CfE. 42 : Aw is kocq iffv 7* TOTALS �3d �S7 S 92.5 • TO: Low FROM: 2 SUBJECT: • FEB I 1 1991 City Council Public Works Department February 11, 1991 CITY COUNCIL AGENDA ITEM NO. F -3(d) BACK BAY DRIVE DRAINAGE CONTAINMENT NEAR EASTBLUFF DRIVE, AND CORONA DEL MAR SIDEWALK REPLACEMENT (C -2779) RECOMMENDATION: Award Contract No. 2779 to Guild Construction, Inc. for the Total Bid Price of $79,939.24 and authorize the Mayor and City Clerk to execute the contract. DISCUSSION: At 11:00 A.M. on February 1, 1991, the City Clerk opened and read the following bids for the project: Total Bid Price $79,939.24 81,382.70 83,427.60 88,888.00 96,054.50 97,969.00 Inc. 109,872.50 111,111.11 112,000.00 112,946.31 129,659.20 131,946.31 The low total bid prices is 31% below the Engineer's Estimate of $105,000. The low bidder, Guild Construction, Inc. is a well qualified general engineering contractor who possesses a Class A contractor's license. Guild has not performed previous contract work for the City; however, a check with their experience references and the State Contractor's License Board has shown that Guild has successfully completed previous contracts for the Cities of Santa Ana and San Clemente and has no pending actions detrimental to their contractor's license, respectively. This project provides for construction of curb, gutter and drainage facilities along Back Bay Drive near Eastbluff Drive and for the replacement of certain panels of sidewalk in old Corona del Mar (see attached exhibits). The Back Bay Drive improvements are needed to intercept ground water flows which deteriorate and weaken the pavement, and Ov Bidder Low Guild Construction, Inc. 2 Nobest Incorporated 3 Gillespie Construction, Inc. 4 Clayton Engineering, Inc. 5 J.D.C. General Engineering 6 Excel Paving Company 7 William Murray Gen. Eng. Cont 8 Gateway Construction, Inc. 9 F.A.V. Engineering 10 Damon Construction Co. 11 C.J. Lumsdaine Co. 12 Wakeham- Baker, Inc. Total Bid Price $79,939.24 81,382.70 83,427.60 88,888.00 96,054.50 97,969.00 Inc. 109,872.50 111,111.11 112,000.00 112,946.31 129,659.20 131,946.31 The low total bid prices is 31% below the Engineer's Estimate of $105,000. The low bidder, Guild Construction, Inc. is a well qualified general engineering contractor who possesses a Class A contractor's license. Guild has not performed previous contract work for the City; however, a check with their experience references and the State Contractor's License Board has shown that Guild has successfully completed previous contracts for the Cities of Santa Ana and San Clemente and has no pending actions detrimental to their contractor's license, respectively. This project provides for construction of curb, gutter and drainage facilities along Back Bay Drive near Eastbluff Drive and for the replacement of certain panels of sidewalk in old Corona del Mar (see attached exhibits). The Back Bay Drive improvements are needed to intercept ground water flows which deteriorate and weaken the pavement, and Ov 0 0 Subject: Back Bay Drive Drainage Containment near Eastbluff Drive, and Corona del Mar Sidewalk Replacement (C -2779) February 11, 1991 Page 2 to channel surface water flows so that the roadbed is maintained dry except during precipitation. The Corona del Mar replacements are needed to correct panels of sidewalk which have been uplifted and displaced by growth of street tree roots. Staff proposes that funds for award be encumbered from the following accounts: Account No. Description Amount 02- 3390 -015 Street Resurfacing & Reconstruction Prog. $ 7,670.99 02- 3397 -183 Sidewalk, Curb & Gutter Replacement Prog. 72,268.25 Plans and specifications for the project were prepared by staff. All work is to be competed at each site by May 10, 1991. Benjamin B. Nolan Public Works Director LD:so • I • • • PROJECT LOCATION Ki F IS L I o+ i rl tI 1`J CL.R a. a 1, 7-7:: T_V_; (127. 4 APPROVED comme mo. DOW A \jt V 1, 7-7:: T_V_; (127. 4 APPROVED comme mo. DOW A 0 • • L �iu U; 112�3' :Oe K ""WrA � JLe 14 - LZZ4 5,1 V Ir J r7 " r7 m, 7 ee 7 Ji r, (j r7 -----CHA-NNE4. -2- �\ J4 BFICA CH VOLIC PROJECT LOCATM CITY OF P#EWP2!1 OXXH I stm le acs w I OEM;-- 775 ORMNO NO. is 5,1 V Ir J r7 " r7 m, 7 ee 7 Ji r, (j r7 -----CHA-NNE4. -2- �\ J4 BFICA CH VOLIC PROJECT LOCATM CITY OF P#EWP2!1 OXXH I stm le acs w I OEM;-- 775 ORMNO NO. S TO: I3:Z07�F JAN 1 41991 City Council Public Works Department January 14, 1991 CITY COUNCIL AGENDA ITEM NO. F -11 SUBJECT: BACK BAY DRIVE DRAINAGE CONTAINMENT NEAR EASTBLUFF DRIVE, AND CORONA DEL MAR SIDEWALK REPLACEMENT (C -2779) RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Authorize the City Clerk to advertise for . bida -to 3a O0. A.Mr. on . Februar*- 1,....1991.. . This project provides for construction of curb, gutter • and drainage facilities along Back Bay Drive near Eastbluff Drive and for sidewalk replacements in old Corona del Mar. See attached exhibits. The Back Bay Drive construction includes 1) a 597 foot long by 4 foot deep subdrain, 2) a 597 foot long curb and gutter, and 3) a curb inlet catch basin to connect into an existing storm drain. The subdrain is needed to intercept ground water flows toward Back Bay Drive which deteriorate and weaken the pavement, and which may seep onto the pavement and cause a slippery roadbed. The curb and gutter is needed to contain and to channel surface water flows to the catch basin so that the roadbed is maintained dry except during storms. The Back Bay Drive construction should be completed within 20 calendar days, during which the Contractor may close the roadway to through traffic during construction hours in the interest of public safety. Subsequent to the contract work, City forces will repave that section of Back Bay Drive adjacent to the drainage containment • so that the roadway profile will shed water to the new curb and gutter profile. The Corona del Mar sidewalk replacement work includes 1) removing and disposing of approximately 1150 square feet of parkway pavement, and 2) removing and replacing approximately 13,250 square feet of sidewalk. The parkway pavement and the Subject: Back Bay Drive Drainage Containment near Eastbluff Drive, and Corona del Mar Sidewalk Replacement (C -2779) January 14, 1991 • Page 2 sidewalk to be replaced have been uplifted and displaced to the extent as to constitute a hazard to pedestrians. Adjacent owners of the parkway pavement will be advised by letter of our need to remove the pavement and to prune uplifting street tree roots, and of their need to obtain Encroachment Permits for the re- pavement of parkways pursuant to Council policy. Plans and specifications for the project were prepared by Public Works Department staff. The Engineer's estimate is $48,000 for work along Back Bay Drive and $57,000 for the Corona del Mar work. Sufficient funds are available to award these amounts in the Curb, Gutter and Sidewalk Replacement Program and the Storm Drain Improvement Program accounts. All work is to be completed by May 10, 1991. Benjamin B. Nolan Public Works Director LD:so Attachments i • • 'Raw 7:'." "IvN • PROJECT LOCATION CITY OF MCKDAY OR DIRMNAGE COWANGIIENT MAWIMS NO. DATE A on 7:'." "IvN • PROJECT LOCATION CITY OF MCKDAY OR DIRMNAGE COWANGIIENT MAWIMS NO. DATE A • • It CEN x.\\ TE,p = '—z ,�' I oF/ _''� �•^c`c�2 yj/ �� 1 r 4l .M � - f.wn � r_, v., d x• Jl cy \`� 4 � � 'I/lr � i t* r� r'v 1 r ), •M1� '.� 'aec d, PROJECT LOCATION CORONA DEL MR SIDEWALK REPLACE1MMT APPROVED DRAWt*Q NO. U Authorized to Publish Advertisements all kinds including public notices by Decree of the Superior Court of Orange County, California, Number A -6214, September 29, 1961, and A -24831 June 11. 1963 STATE OF CALIFORNIA County of Orange I am a Citizen of the United States and �a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said newspaper to wit the issue(s) of: January li, 20, 1991 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on January 20, 199 at Costa Mesa, California. *vy--VJ-Q-"- Signature • VXX PROOF OF PUBLICATION m�uwt D�