Loading...
HomeMy WebLinkAboutC-2534 - Cliff Drive Park Construction9 CITY OF NEWPORT BEACH March 21, 1988 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Wakeham- Baker, Inc. 11225 Slater Avenue Fountain Valley, CA 92708 Subject: Surety: Bonds No.: Contract No.: Project: (714) 644 -3005 American Motorists 3SM 694 673 00 C -2534 Insurance Co. Cliff Drive Park Construction The City Council of Newport Beach on February 22, 1988 accepted the work of subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice has been recorded in accordance with applicable sections of the Civil Code. The Notice was recorded by the Orange County Recorder on March 1, 1988, Reference No. 88- 091949. Sincerely, L Wanda E. Raggio� City Clerk WER:pm cc: Parks, Beaches and Recreation Department 3300 Newport Boulevard, Newport Beach 3 RETURN TO: 1 Clerk/'�f ';p2 • _ty of Newport Bch 3300 Newport Blvd. Newport Beach, CA 92663 -3884 00--091949 Y iECORDED IN OFFICIAL RECUHUS )F ORANGE COUNTY. CALIFORNIA NOTICE OF COMPLETION L PUBLIC WORKS EXEMPT 1 o All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on February 22, 1988 the Public Works project consisting of Cliff Drive Park Construction (C -2534) on which Wakeham- Baker, Inc., 1 was the conjraC4or, and Americ was the sure ty,'wala,.completed. 1 MAR 21.1888 I,- the-undersigned, say: 25 Slater Avenue, Fountain Valley, CA 927 Motorists Insurance Company, 2900 W. Bro Los Angeles, CA 9004 VERIFICATION ocrnanvR CITY OF NEWPORT BFACH PuiATc— kn -Di Parks, Beaches and Aecreation 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 February 24, 1988 at Newport Beach, California. J Fublie�Vo- Hof Paos, Beaches and VERIFICATION OF CITY CLERK Recreation Director I, the undersigned, say: I am the City Clerk of the City of Newport Beach; the City Council of said City on February 22, 1988 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 February 25, 1988 at Newport Beach, California. City Clerk CITY,OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 February 29, 1988 County Recorder's Office P.O. Box 238 santa Ana, California 92702 (714) 644 -3005 Enclosed is the following document for recordation and return to the above -named office. Cliff Drive Park Construction (C- 2534). sincerely, Ai q i City Clerk � 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH 0 Parks, Beaches and Recreation Department February 22, 1988 CITY COUNCIL AGENDA ITEM NO. % /S TO: Mayor and City Council FROM: Recreation Superintendent SUBJECT: Acceptance of Cliff Drive Park FEB 2 2 1988 {-L14 SI 1 JJ Recommendation: Accept the work completed as required by the subject contract and authorize the City Clerk to: 1. File a Notice of Completion. 2. Release the bonds 35 days after the Notice of Completion has been recorded in accordance with the applicable sections of the Civil Code. Discussion: The contract for the construction of the improvements in Cliff Drive Park has been completed to the satisfaction of the Parks, Beaches and Recreation Department. The bid price was: $232,323.00 Amount of unit price items constructed: 226,877.00 Amount of change orders: 42,185.88 Total contract cost: $269,062.88 Four Change Orders were issued. The first, in the amount of $13,973.00, provided for construction of a portion of the future storm drain which was to be covered by the children's play area. The second, in the amount of $5,366.83, provided for revising the grades, stairs and walkways in the easterly portion of the park as requested by the adjacent homeowners. The third, in the amount of $17,411.81, provided for adjustment of two manholes and construction of stairway drain, neither of which were shown on the plans; regrading the canyon area to better conform to the existing contours; construction of a retaining wall westerly of the play area; and removing the upper portions of the play area walls at the request of the neigh- bors. The fourth, in the amount of $5,434.24, provided for installation of handrails on the stairways without cheek walls and the revision of the lighting in the canyon area as requested by the adjacent homeowners. Funds were budgeted in the General Fund, Account No. 02- 3486 -053, and in the Building Excise Tax Fund, Account No. 27- 7797 -317. The contractor is Wakeham- Baker, Inc. of Fountain Valley, California. The work was completed on December 16, 1987. Mgrk Deven CERTIFICATE OF INSURANCE Page 12 City of Newport Beach MW Company 3300 Newport Boulevard P y A Letter Newport Beach, CA 92663 1 rmmnanv _ NAME AND ADDRESS OF INSURED C D . Yo „� E 8 Letter This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time, including attached endorsement(s). COMPANY LETTER TYPES OF INSURANCE COVERAGE REQUIRED Policy No. Policy Exp. Date LIMITS OF LIABILITY THOUS 00 Each g. ro uc s Completed Occurrence Operations GENERAL LIABILITY x Comprehensive Form x Premises - Operations Bodily Injury Property Damage $ $ $ $ x Explosion & Collapse Hazard x Underground Hazard x Products /Completed Operations Bodily Injury Hazard and Property x Contractual Insurance Damage Combined $ $ x Broad Form Property Damage , x Independent Contractors x Personal Injury Marine Personal Injury $ Aviation AUTOMOTIVE LIABILITY ❑x Comprehensive Form TO —30— Bodily Injury Person $ Bodily ZEach Occurrence B ❑x Owned OLLO $ ❑x Hired rt ama e y nu ryan Property Damage ❑x Non -owned Combined $11000 EXCESS LIABILITY ❑ Umbrella Form Bodily Injury ❑ Other than Umbrella Form and Property Damage Combined $ $ ❑ WORKERS' COMPENSATION Statuto Ea Accident ❑ EMPLOYER'S LIABILITY ❑ LONGSHOREMEN'S COMPENSATION Statutor NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. CANCELLATION: 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, at ntion: Public Works Department. By: w '� f � rJ "'� _/ Agency: ANAHEIM INSURANCE SERVICES, INC. Date: 5 -6 -87 Telephone: (714) 635 -8400 Description of operations /locations /vehicles: All operations performed for the City of Newport Beach by or on behalf of the named insured in connection with the following designated contract: Cliff Drive Park — City of Ne ort Beach (Project Title an Contract u er NOTICE: 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. 81 CERTIFICATE OF INSURANCE Page 12 CERTIFICATE HOLDER INSURANCE COMPANIE ORDING COVERAGES City of Newport Beach Company 3300 Newport Boulevard Letter A SCOTTSDALE INS. CO. (HULL & CO) Newport Beach, CA 92663 Company B NAME AND ADDRESS OF INSURED Letter Company C WAKEHAM—BAKER, INC. Letter 11225 Slater Avenue Company D Letter Fountain Valley. CA, 92708 Lettery E This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time, including attached endorsement(s). COMPANY LETTER TYPES OF INSURANCE COVERAGE REQUIRED Policy No. o icy Exp. Date LIMITS OF LIABILITY N THOUS DS 0 Each g. ro uc s Completed Occurrence Operations A GENERAL LIABILITY x Comprehensive Form x Premises - Operations x Explosion & Collapse Hazard TO OLLO 4-30-8 Bodily Injury y eroperty Damage ki $ $ $ $ x Underground Hazard x Products /Completed Operations Hazard x Contractual Insurance x Broad Form Property Damage Bodily Injury and Property Damage Combined $ 1,000 $ 1,000, x Independent Contractors x Personal Injury Marine Aviation Personal Injury $1,000, AUTOMOTIVE LIABILITY ❑x Comprehensive Form ❑x Owned Bodily Injur (Each Person $ $ Bodily Injury Each Occurrence ❑x Hired ro ert ama e o r y Injury an Property Damage ❑x Non -owned Combined $ EXCESS LIABILITY ❑ Umbrella Form Bodily Injury ❑ Other than Umbrella Form and Property Damage Combined $ $ ❑ WORKERS' COMPENSATION Statuto Ea Accident ❑ EMPLOYER'S LIABILITY ❑ LONGSHOREMEN'S COMPENSATION Statutor NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. CANCELLATION: 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. By: I - j �� Agency: ANAHEIM INSURANCE SERVICES, INC. Date: " 5 -6 -87 Telephone: (714) 635 -8400 Description of operations /locations /vehicles: All operations performed for the City of Newport Beach by or on behalf of the named insured in connection with the following designated contract: Cliff Drive Park — City of Newport Beach _ Project Title and Contract Number NOTICE: 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. 81 • 0 Page 13 CITY OF NEWPORT BEACH AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT It is agreed that: 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 insureds) 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 $ each occurrence Property Damage Liability $ each occurrence (X ) Single Limit Bodily Injury Liability $1,000,000 each occurrence and Property Damage Liability Combined 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. 5. Designated Contract: CLIFF DRIVE PARK — CITY OF NEWPORT BEACH Project Title and ontract No. . This endorsement is effective 4-30-87 at 12:01 A.M. and forms a part of Policy No. TO FOLLOW Named Insured INC. 1 �j � 4 Name of Insurance Company SAFECO oy �u L C /I<<C( / / ( y i •� `L / 0 CITY OF NEWPORT BEACH 0 COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: Page 14 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 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 nold 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. S. 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 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. 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 - 7. Designated Contract: I — Project it a and Contract o. This endorsement is effective 4-30-87 at 12:01 A.M. and forms a part of Policy No. TO FOLLOW Named Insured Name of Insurance Company SCOTTSDALE INS. By CO. ut r No. 1 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: February 23, 1987 SUBJECT: Contract No. C -2534 Description of Contract Cliff Drive Park Construction Effective date of Contract February 23, 1987 Authorized by Minute Action, approved on Contract with Wakeham- Baker, Inc. Address 11225 Slater Avenue Fountain Valley, CA 92708 Amount of Contract $232,323.00 I�e 4e Wanda E. Raggio City Clerk WER:pm Attachment January 26, 1987 3300 Newport Boulevard, Newport Beach J .* • • 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. BONDING COMPANIES shall be acceptable as sureties in accordance with the latest revision of Federal Resister Circular 570. 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. _1 I 0 Payment Bond (Continued) • Page 9 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 4th day of February , 19 87 Wakeham Baker Inc. (Seal) Name of Contractor Principal s� Au` than —ized Signature Jnd Title ' Authorized Signature and Title American Motorists Insurance Conmanv (Seal) Name of Surety Lonq_Grove. Illinois 6004 Addr-e" Surety Signature and Title of Authorized Agent Raymond E. Gail, Attorney -in -Fact 2900_ W.Broadwav Los Anaeles. Ca_ gn041 Address of Agen (714) 774 -8910 Telephone No. of Agent m E ` °v 3 ro i u c 'd Y N y C Q N .0 1O D a o � n o m m � L V o ° � o ° a a X T K o d U T ro O N Q N o a ro N J Y V UJ ° V W N h a ti 0 O ro c ro z N U a b I: p - 2s J I ¢ O { N U a ■ / / ro ol %\ \\ =o 5 §) 0 .0 \? < U CL \<m `%7Eƒ \ l;sGa ,�> \ k( ® ®0 `)S(\ }� \ \\ }/ /d{\ /3: )§ 2c §&0wZ `& -EwO § \ \rc Z\ k /\ }( of 242 E3 u\Z ! § \ \ \§ [ § \ § \§* 0r \ � \: ) �!� � . q | r. \ {G � X22 ® >� 3y. � u\Z ! § \ \ \§ [ § \ § \§* 0r \ � \: ) �!� � . q | r. * * * *E7M:UI'ED IN FOUR PARTS * * ** PAYMENT BOND BOND #3SM 694 673 00 KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted Fehn,ary 19£i'7 has awarded to .,u hereinafter designated as the "Principal ", a contract for 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 *he 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 Wakeham- Baker, Inc, as Principal, and American Motorists Insurance Company as Surety, are held firmly bound unto the City of Newport Beach, in the sum of Two Hundred Thirty -'Liao Thousand, Three Hundred Twenty -Three Dollars ($ 232,323.00 ), 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 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 ** * *EXE= IN FOUR PARTS * * ** • . Page 10 BOND 43SM 694 673 00 FAITHFUL PERFORMANCE BONDIUM $4,646.00 KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by adopted motion hr 9 has awarded to Wakaham_Rakarf Inc-,- hereinafter designated as the "Principal ", a contract for Cliff Drive Park Contract No. C -2534 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, Wakehan- Baker, Inc. as Principal, and American Motorists Insurance Company as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of Twn Hundred. Thirtv -Two Thousand, Three Hundred Twenty -Three Dollars ($ 232,323.00 ), said sum being equal to 100% of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors, and assigns; for which payment well and truly 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 Faithful Performance Bond (Continued) • Page 11 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 4th day of February , 19 87 Wakeham -Baker. Inc (Seal) Name of Contractor (Principal) AM Authorized Signature and T'rtle Authorized Signature and Title American Motorists Insurance Company (Seal) Name of Surety Long Grove. Tllinois 60049 Address of Surety Signature and Title of Authorized Agent Raymond E. Gail, Attorney -in -Fact 2900 W. Broadway Los Angeles, Ca. 90041 Address of Agent t (714) 774 -8910 Telephone No. of Agent a ff a o � � z f a 1 z N O 3 n w O n: a N m Z O 6 0 N n m m s i v ° a c 9 of C• l j ] a l• 'b' _ o � ° n � H oo N n a f d n 3 E m n o m � � o m � � N O � O Y N n O j � S X � < n ro c � C O O N ro c � � O � o � a N ro N^ o o � Q o m � 0 m � .3 h ro 1 � m cr c S :n m 'N n � z N `C Q rn fl o � a n �7 o' N w N G rn a m C7 CA O z m .a �G O T n r T O a � z a > 2 Lz7 N y N m m F w < w y 3 6 O [D CA O n d c m m n j: ii 7g, r�� C-, - 0 (k[ \\ 2- 0 -A 0 }\ }\ &e 3 0 * o 0 Z!. C: cn a- j D 0- 3 w , > z 0 > M 2\»± \ \�\ CD 50 w 1cl 0 :3 Ln 0 cx \\ 0 n v) > M o -n C-) ' > k-111? CD r- o z ON • CERTIFICATE OF INSURANCE City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NAME AND ADDRESS Of INSURED WAKEHAM— BAKER, INC. 11225 Slater Avenue Fountain V CA 92708 • Page 12 IES AFFORDING COVERAGES Company A Letter Nationwide Insurance Company This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time, including attached endorsement(s), COMPANY LETTER TYPES OF INSURANCE COVERAGE REQUIRED Policy No. Policy Exp. Date LIMITS OF LIABILITY IN THOUSANDS 000 Each Ay. ro uc s/ Completed Occurrence Operations GENERAL LIABILITY x Comprehensive Form 73SMOO Bodily Injury y $ $ A X Premises - Operations x Explosion & Collapse Hazard x Underground Hazard x Products /Completed Operations Hazard x Contractual Insurance x Broad Form Property Damage 4331— 0002 —30 -8 Property Damage S $ Bodily Injury and Property Damage Combined $ 11000 $ 1,000, x Independent Contractors x Personal Injury Marine Aviation Personal Injury $ 1, 000, A AUTOMOTIVE LIABILITY ®R Comprehensive Form Q Owned 0 Hired 73f&;A00 4331— 0001 —30 -8 Bodily Injury (Each Person $ $ o r ly Injury n Each 'c currece Pro ert ama e 0 Non -owned o r y injury and Property Damage Combined $1,000, EXCESS LIABILITY ❑ Umbrella Form Bodily Injury ❑ Other than Umbrella Form and Property Damage Combined $ $ ❑ WORKERS' COMPENSATION Statutor Ea Accident ❑ EMPLOYER'S LIABILITY L1 LONGSHOREMEN'S COMPENSATION Statutor NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. CANCELLATION: Should any of the above scribed policies be cancelled or coverage reduced before the e an on to thereof, the Insurance Company affording coverage shall prov' a 30 day advance notice to the City of Newport Beach by Kl ^ register �1, a ention: Public Works Department. By: 2^-- Agency: rove CA Date: 2 -5 -87 Telephone: (714) 532 -7400 Description of operations /locations /vehicles: All operations performed for the City of Newport Beach by or on behalf of the named insured in connection with the following designated contract: Cliff Drive Park — City of Newport Beach Project Title and Contract Number NOTICE: 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. 81 0 It is agreed that: 9 CITY OF NEWPORT BEACH AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT Page 13 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 b ( X) Single Limit Bodily Injury Liability and Property Damage Liability Combined occurrence occurrence 1,000,000 each occurrence 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. 5. Designated Contract: Cliff Drive Park — Cit of New ort Beach Project Title and Contract No. . This endorsement is effective 2-5-87 at 12:01 A.M. and forms a part of Policy No. 73SP1004331 -0002 Named Insured Name of Insura C.A. Thacher 0 • Page 14 CITY OF NEWPORT BEACH COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: 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 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 nold 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 Property Damage Liability (X) Single Limit Bodily Injury Liability and Property Damage Liability Combined $ each occurrence occurrence $ 1, 000, 000 each occurrence 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. 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 7. Designated Contract: Cliff Drive Park — City of Newport Beach Project Title and Contract No. This endorsement is effective 2-5-8 7 at 12:01 A.M. and forms a part of Policy No. 73SM004331 -0002 Named Insured Wakeham— Baker, Inc. Endorsement Name of Insurance CompanyNationwide Insurance By Authorized Representative C.A. Thacher 0 CONTRACT A THIS AGREEMENT, entered into this ay of a 19 by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Baker, Inc. hereinafter "Contractor, "is made with reference to the following facts: (a) City has heretofore advertised for bids for the following described public work: Cliff Drive Park e of Project C -2534 Contract No. Page 15 (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: Cliff Drive Park C -2534 _ 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 Two Hundred thirtv two thousand, three hundred and twenty three dollars ($232,323.00 ). 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 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) (f) Plans and Special Provisions for Cliff Drive Park C -2534 Title of Project Contract No. (g) This Contract. Page 16 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 proximiately 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: City Clerk APPROVED AS TO FORM: CIT 0 CITY L,J,glG B^fet A, - .4Zes� _ Name of Contractor (Princip 1) i t on ed Signature and Title Authorized Signature and Title t m p1 n � R � c t yOj c n A b N D Sr @ N c _V p n J N d Cx, A Z `o m A D D E J rn � L E N �d o n ¢ fL z O 0 LL J UOLL LL O V}-- W Z � o t/l U E .nom. y c � c Y N d N L C N tO 3 0 N n n o a' o U y � c L y A J d � N p o j O 4 C O d J D V d N N � o N d 0 H � U d O L_ N C r N N tJ a C N O D � G N E � o o E m oiO o c N n t j, d N N U O 0 m N a E N Z G AMERICAN MOTORISTS INSUROCE COMPANY • ®GROUP Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: Thatthe 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 s x .. r s t a s a x s a a a• a s• t s t a s a. • r x• r r r♦♦••.• +• ++ Raymond E. Gail of Anaheim, California*'********** * * **** ***** *** ****** ***** its true and lawful agent(s) and attomey(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, 1988, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds FIVE HUNDRED THOUSAND DOLLARS ($500,000,00) * * * * * * ** 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, 1988. This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said American Motorists Insurance Company on May 20, 1981 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 Chairman, 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 Board of Directors of the Company at a meeting duly called and held on the 20th day of May, 1981: "VOTED, That the signature of the Chairman of the Board, the Chairman, 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 Board of Directors on May 20th, 1981 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 Insurance Company has caused this instrument ]t be signed and its corporate seal to be affixed by its authorized officers, this 11th day of August —,19 Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY STATVOFILIPNOIS CO NTY O LAKE ss 1, OI W. ennett, a Notary Public, do hereby certify that G. H. Kasbohm and R. H. Johnson personally known to me to be the same ns whose names are respectively as 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 as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. Z�cP� My commission expires: November 18, 1988 Olga W. Bennett, Notary Public FM836-4 7.86 IM PRINTED IN U.S.A. Power of Attomey —Term W l 99 /L b-9i6 Wi •palejs u!ajay lualxa 041 01 pue lauuew ayi u! ldaaxa Auedwo:) ayi pu!q of Aluoyine ou aney Aayl pue 'u!ajayl paweu Alle:)!;!oads sSu!jevapun pue spuoq ay of wajayl Paweu asoyl ;o slae ayi sl!w!I Aawouy ;o JamOd 5141 AieianaS'uo ueyol.i uanS —i$B ;!p g ;o Aep s!yl uo AuedwoJ ague ansul sjs!ioloyy ueauawy ayi ;o leas alejodioa ayi paxige pue aiLcsu Aw paquasgns ojunajaq aney l 'y03213HM ANOWI1S31 NI Auedwo3-aauelnsul ssuojeW ueauawy ayi ;o AJelaJaaS pue luaP!saad aa!A Paiaala Alnp ay Aawouy ;o JamOd papeue ay jo uo!lnaaxa ay jo ajep aq>_uo mans- Alan!uadsai AJelaj:aS pue luap!saJd a:)!n se Aawouy ;o JamOd ayj palnaaxa oqm uosuyol •H •b pue w4OWN •H-•D Pie €941 WiP Aj!uaa Jayun; op 1 pue !aiu:)ij jjaa siyl jo alep ay uo jaap pue aaioj l lnj ut si pue joajagi ajep ayi aau!s paua pue aasoj llnj uj uaaq sey awes ayj 1ey1 pue Ado:) laajjoa pue anil a s! mTau'suV 3o ITeD 'a puomKeg )ofle4?9uo 98 l IT �stt ny PaleP AawoljV bo JamOd payaeue ayi leyl Aj!lyaa Agajay op Auedwo� aautinsul sisuoloW ueauawy ayi ;o A�elajaas 'uosueyo('l uanS y NOINDIA11113J CITY OF NEWPORT BEACH Parks, Beaches and Recreation Department iAN� 2 ,) A PPRO TO: Mayor and City Council FROM: Parks, Beaches and Recreation Director SUBJECT: Cliff Drive Park Construction (C -2534) Recommendation: January 26, 1987 CITY COUNCIL AGENDA ITEM NO. F -3 (c ) Award Contract No. 2534 to Wakeham- Baker, Inc. for the total price of $232,323.00 and authorize the Mayor and City Clerk to execute the contract. Disruscinn- At 11:00 A.M. on January 8, 1987, the City Clerk opened and read the following bids for this project: Bidder Total Price Low Wakeham- Baker, Inc. $232,323.00 2 Hondo Co., Inc. 268,033.00 3 Neff Contracting Corporation 288,686.00 4 Ryco Construction, Inc. 493,394.00 The low bid is 22% higher than the Engineer's estimate of $184,000. The small number of bidders, together with the disparity between the low bid and the Engineer's estimate, appears to be due to the current high volume of construction activity in Southern California. This has resulted in fewer contractors bidding projects and higher bid amounts than the depressed prices which prevailed in the past. The low bidder, Wakeham- Baker, Inc., is a well qualified general contractor who has satisfactorily performed previous contracts for the City. Adequate funds are available in Account Number 27- 7797 -317 for award. The project provides for walkways, retaining walls, playground area, seating areas and lighting for Cliff Drive Park. The plans were prepared by Cardoza, DiLallo and Harrington of Costa Mesa. The estimated date of completion is April 30, 1987. Ronald A. Whitley • CITY OF NEWPORT BEACH • Parks, Beaches and Recreation Department December 8, 1986 CITY COUNCIL AGENDA ITEM NO. F -11 TO: Mayor and City Council FROM: Parks, Beaches and Recreation Director SUBJECT: CLIFF DRIVE PARK REFURBISHMENT (C -2534) DF C 8 1986, Recommendations: _ —__ APPROVED 1. Approve the plans and specifications. 2. Authorize the City Clerk to advertise for bids to be opened at 11:00 A.M. on January 8, 1987. Dicruccinn- A total of $300,000 has been appropriated from the Building Excise Tax Fund for the refurbishment of Cliff Drive Park. The purpose of the appropriation was to upgrade the facility with regard to safety and improve use by the local community. The project consists of site work to include drainage improvement to the hill- side park. In addition, sidewalks, stairs and security lighting will be provided for the facility. The project budget is as follows: Hardscape Bid Project $184,000 Landscape (City Staff) 66,000 Play Equipment 30,000 Picnic Benches 10,000 Contingencies 10,000 #27- 7797 -317 Project Budget $300,000 A complete set of plans and specifications will be on display in the Council's Conference Room. The plans were prepared by Cardoza, DiLallo and Harrington of Costa Mesa. The staff and the consultant have met with the Newport Heights Community Association a number of times to determine the project scope. The plans as presented represent a harmonious effort with the Association. The estimated date of completion is April 30, 1987. / ^l