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
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* * * *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
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• 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
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L,J,glG B^fet A, - .4Zes� _
Name of Contractor (Princip 1)
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Authorized Signature and Title
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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
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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