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HomeMy WebLinkAboutC-2806 - Balboa Peninsula Alley Reconstruction0 CITY OF NEWPORT BEACH June 11, 1991 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 Hondo Company, Inc. 605 "A" East Alton Avenue Santa Ana, CA 92705 Subject: Surety: Great American Insurance Co. Contract No.: C -2806 Project: Balboa Peninsula Alley Reconstruction The City Council of Newport Beach on May 13, 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 May 20, 1991, Reference No. 91- 246953. Sincerely, Wanda E. Ragg:ixo,G` %� City Clerk WER:pm cc: Public Works Department 3300 Newport Boulevard, Newport Beach RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk �. City of Newpoft Beach 3300 Newport Boulevard Newport Beach, CA 92663 = 24693 *aEMPT RECORDING REQUEST PER GOVERNMENT CODE 6103 / RECORDED IN OFFICIAL R2CORDg OF ORANGE COUNTY, CALIFORNIA EXEMPT C7. NOTICF. OF COMPLETION PUBLIC WORKS pM 0 MAY 2 01991 4e- a -c*� et:Wer I o All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on April 19, 1991 the Public Works project consisting of BALBOA PENINSULA ALLEY RECONSTRUCTION (C -2806) on which Hondo Company, Inc., 605 "A" East Alton Avenue, Santa Ana, CA 92705 was the contractor, and Great American Insurance Co., 200 S. Manchester, Orange, CA _ was the suI eIy, was '-completed. 92668 RECEIVED CITY OF NEWPORT B�FAA�CH - CITY G.EAK A stw�eattofttEnat blic Works Director VERIFICATION I, the undersigned, say: 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 X *y �1, 1%,f/ at Newport Beach, California. �G. ?M Public Works Director VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Newport Beach; the City Council of said City on May 13. 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� at Newport Beach, California. -7T -T City Clerk • TO: FROM: SUBJECT: MAY 1 31991 City Council Public Works Department E May 13, 1991 CITY COUNCIL AGENDA ITEM NO. F -12 ACCEPTANCE OF THE CONTRACT FOR THE BALBOA PENINSULA ALLEY RECONSTRUCTION (C -2806) RECOMMENDATIONS: 1. Accept the contract. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. DISCUSSION: The contract for the construction of the subject contract • has been completed to the satisfaction of the Public Works Department. The bid price was $74,694.50 Amount of unit price items constructed 86,359.83 Amount of change orders 8.403.35 • Total contract cost $94,763.18 The increase in the amount of the unit price items constructed was primarily due to the addition of an alley between 40th and 41st Streets to the contract as requested by the Council. One Change Order was issued in the amount of $8,403.35. It provided for construction of cleanouts on each sewer lateral in advance of the alley paving. Funds for the project were budgeted in the General Fund, Account No. 02- 3497 -430. The contractor is Hondo Construction, Inc. of Santa Ana. The contract date w k was completed on April Benjamin B. Nolan Public Works Director GPD:so of completion was June 20, 1991. All 19, 1991. 0 0 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 21, 1991 SUBJECT: Contract No. C -2806 Description of Contract Balboa Peninsula Alley Reconstruction Effective date of Contract February 11, 1991 Authorized by Minute Action, approved on Februaty.11, 1991 Contract with Hondo Company,.:Inc, Address 605 "A ".East::Alton Avenue' Santa Ana, CA Amount of Contract $74,694.50 "Xe26' �-q 4je Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach_ .. ... .. iI V • • 0 BY THE CITY FF8 I 1 1991 TO: City Council FROM: Public Works Department February 11, 1991 CITY COUNCIL AGENDA ITEM NO. F -3(C) SUBJECT: BALBOA PENINSULA ALLEY RECONSTRUCTION (C -2806) RECOMMENDATION: Award Contract No. 2806 to Hondo Company Inc, of Santa Ana for $74,694.50, and authorize the Mayor and the City Clerk execute the contract. DISCUSSION: At 11:00 A.M. on January 31, 1991, the City Clerk opened and read the following bids for this project: * The corrected total bid prices are: 2 Bidder Total Bid Price Low Hondo Co. Inc. $74,694.50 2 J & B Kovac Eng. Inc. $79,098.00* 3 Gillespie Const. Inc. $83,230.20* 4 Clayton Eng. Inc. $84,310.50 5 FAV Engineering $86,897.00 6 Nobest Inc. $87,210.30* 7 Sully- Miller $89,878.75 8 Modern Asphalt Inc. $97,963.75 9 Guild Const. Inc. $98,457.50 10 Wakeham -Baker $103,301.00 11 J.D.C. General Eng. $106,497.00 12 Ruiz Engineering Co. $119,611.40* 13 R.H. Church & Son Inc. $121,731.00* 14 Damon Construction $123,702.00 15 Hines Construction $125,631.50 * The corrected total bid prices are: 2 J & B Kovac Eng. Inc. $78,198.00 3 Gillespie Const. Inc. $93,522.00 6 Nobest Inc. $85,714.30 12 Ruiz Engineering Co. $119,715.10 13 R.H. Church & Son Inc. $121,731.50 The low bid is 42% below the Engineer's estimate of $129,000.00. The disparity between estimated and bid amounts is attributed to an intense competition among contractors due to scarcity of such work. V Subject: Balboa Peninsula Alley Reconstruction (C -2806) February 11, 1991 Page 2 •.. . The low bidder, Hondo Co. Inc., is a well - qualified general contractor who possesses a Class A Contractor's License. Hondo has not preformed previous contract work for the City; however, a check with their experience references and the State Contractor's License Board has shown that Hondo has successfully completed previous contracts for the City of Rancho Cucamonga, the City of Hawthorne and the County of Orange and has no pending actions detrimental to their contractor's license, respectively. This project provides for the replacement of 15,770 square feet of alley improvements, as shown on the attached Exhibit "A ". The reconstruction of the alley improvements will facilitate drainage and provide a smooth driving surface. Sufficient funds are available from the Alley Replacement Program Account, 02- 3497 -430. The plans and specifications were prepared by the Public Works Department. All work should be completed by June 15, 1991. • An exhibit is attached for reference. J. k4 Benjamin B. Nolan Public Works Director SL: so Attachment is 0 • PROJECT LOCRTION N N.T.S. OF NEWPORT BERCH PUBLIC WORKS DEPRRTPENT BALBOA PENINSULA ALLEY RECONSTRUCTION ALLEY'S 314 Co 315 C, 316 C, 319 A & By 320 R & By 331 & 332 0 EXHIBIT W d.m.w. N.T.S. Y CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3388 Newport Boulevard, P. 0' Box 1768, Newport Beach, CR 92659 -1768 until 11:00 a.m. on the �l day of Jalluary , 1991, at whTEF—ti—mi—su—ch bids that be opened and read for Balboa Peninsula Alley Reconstruction Title of Protect tract $129,090.00 Engineer's Estimate I Rpproved by the City Council this 14th day of danuary 1991. Wanda E. Rai City Clerk Prospective bidders may obtain on set of bid documents at no cost at the office of the Public Works Department, 3388 Newport Boulevard, P. 0. Box 1768, Newport Beach, CR 92659 -1768. For further information, call Stephen Luu � at 644 -3311. Project anl� ager • �' .: �:: . r -,� , ::�:�.: ., f �]a�iM .: "'' r � c .. .. '_._ �6''� ..���.5,..� "xT���c :... - .fin. .3'...'.':�� E CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL 0 BALBOA PENINSULA ALLEY RECONSTRUCTION CONTRACT NO. 2806 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659 -1768 Gentlemen: PR 1.1 The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all work required to complete this Contract No. 2806 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit price for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization and traffic control @ Five Thousand Dollars and No Cents $ 5,000.00 Per Lump Sum 2. 15,770 Remove existing alley pavement Square Feet and construct P.C.C. pavement Three Dollars and Ten Cents Per Square Foot 3. 55 Remove existing and construct Square Feet P.C.C. strip gutter @ Three Dollars and Fifty Cents Per Square Foot $ 3.10 $ 48,887.00 $ 3.50 $ 192.50 • 0 PR 1.2 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 775 Remove existing alley approach Square Feet and construct new P.C.C. alley approach @ Four Dollars and Ten Cents $ 4.10 Per Square Foot 5. 600 Remove existing roadway pavement Square Feet and construct new P.C.C. roadway pavement $ 3.177.50 @ Five Dollars and No Cents $ 5.00 $ 3,000.00 Per Square Foot 6. 3,400 Remove existing pavement and Square Feet construct P.C.C. pavement patch back @ Three Dollars and Twenty -five Cents $ 3.25 $11.050.00 Per Square Foot 7. 875 Remove existing pavement and Square Feet construct A.C. pavement patch back @ Three Dollars and Fifty Cents $ 3.50 $ 3.062.50 Per Square Foot 8. 5 Remove existing curb and gutter Linear Feet and construct Type "A" P.C.C. curb and gutter per CNB Std. -182 -L @ Forty Dollars and No Cents $40.00 $ 200.00 Per Linear Foot 9. 25 Remove existing and construct Square Feet 4" thick P.C.C. sidewalk @ Five Dollars and No Cents $5.00 $ 125.00 Per Square Foot • • PR 1.3 Seventy Four Thousand Six Hundred Ninety Four Dollars Fi and Cents $ TOTA BZD PRICE (FIGURES) ✓ Hondo Company, Inc. 373104 Bidder State Contractor's License No. 44). L January 29, 1991 Authorized Signature /Title Date Michael Woods, President V 05 "A" East Alton Avenue Santa Ana CA _ Bidder's Address 92705 id er's Telephone INSTRUCTIONS TO BIDDERS Page 2 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 i listed above. Bidders are advised to review agents prior to submission of bid. substitute format for the documents their content with bonding and legal 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. M 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 1770-7981 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. 373104 A. B. C -27 Contr's Lic. No. & Classification Date Hnnrin rampany. Tnc _ Bidder Authorized S gnature /Title Michael Woods, President 0 0 1 0 Page 3 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. ' The Bidder, by signing this designation, certifies that bids subcontractors have been used in formulating the bid for the these subcontractors will be used subject to the approval of accordance with State law. Subcontract Work 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Subcontractor from the following project and that the Engineer and in Address Hondo Company, Inc. Bidder Authorize ignature it e Michael Woods, President KNOW ALL MEN BY THESE PRESENTS, A BIDDER'S BOND • Page 4 That we, Hondo Company. Inca , as bidder, and Great American Insurance Company , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten percent of the bid Dollars ($� ), 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 Balboa Peninsula All e 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 24th day of January 1991 Hondo Company, Inc. (Attach acknowledgement , of Bi er Attorney -in -Fact) Notary Public Aut o ized Signature/Title- Michael Woods, President Commission Expires: Great Ame is n Insurance Company Surety c By Richard C. Lloyd Title Attorney -In -Fact 4 1 F . z s - ro v N ro U w w 0 q � tC �° cam 0 Itl Mr iY Q Z N•• N a w J 2K 3 1 O >4 O q N M 'O N l4 N •.i O > U) - N Zb 0 a � b C . ro W aJ .ri 31 ?. bN O 4j a va�lu vw Aa to 0u O+roEOro AN N 7i .+ - O aaa0 0 0 3 A >•+ W N O U 4J w a > ? N N T U •.-• N tl1 .. >4 U to w J &A 0 N U O N .V 4J 1 H 44 N 44 4 G. N vaatO.0 400 41 A U 4) 41 O i. 0 -14 -H E ro +1 N R. a UW 0010 F-1 w N .0 A ,y-- 0 7.. U 71�'O O N i N N W U ru al Sa O � � vi �4 A 14 4J UrZ4 m 60)5 w DN oaAo3 O N .0 g O U'D U U w W E + � I o . 001A �D AU v Q) m.9CO0) 4 tAU OW E3•atoA� . z s - ro v N ro U w w 0 q � tC �° cam 0 Itl Mr iY Q Z N•• N a w J 2K 3 GUM AIVERICAN INSURANCE COMPANY The number of persons authorized by this power of attorney is not more than No. 0 13194 ONE POWEROFATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name RICHARD C. LLOYD Address IRVINE, CALIFORNIA This Power of Attorney revokes all previ, is powers issued in behalf of the attorney(s) -in -fact named above. Limit of Power UNLIMITED IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 13th day of July '19 90 Attest STATE OF OHIO, COUNTY OF HAMILTON — ss: GREAT AMERICAN INSURANCE COMPANY On this 13th day of July, 1990 , before me personally appeared WILLIAM J. MANEY, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated August 20, 1979. , RESOLVED: That the President, the several Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -In -Fact to execute in behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original sea( of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. 144114"" iAL`I I, RONALD C. HAYES, Assistant Secretary of the Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of August 20, 1979 have not been revoked and are now in full force and effect. Signed and sealed this 24th day of January 1991 S1029M (03/90) State of California ss. County of nran9a AFFIDAVIT Page 5 Michael Wnndc being first duly sworn, deposes and says that he or she is Pracidant of Hondo Coja rTnc the party making the foregoing bid that the bid is not made 9 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. Hondo Company, Inc. Bidder ed Signature /Title Michael Woods'. President Subscribed and sworn to before me this 99th day of ,lanllary , 19.91 My commission expires: OFFICIAL SEAL PAULANNE CREIGHTON NOTARY PUBLIC. CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY MT MISSION EXPIRES FEB. YB, 1991 Notary Public Paulanne Creighton • 9 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement ^of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No. Page 6 •� �• u,.,.. i. •� .. UM 0- P.O. Box 807 91730 4455 W. 126th St. 90250 3/90 County of Orange Richard Clausson (714)567 -7810 P.O. Box 4048 Santa Ana, CA 92702 i � �: � _. Page 7 N O T C 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 be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VIII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. 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." Date C -2806 Contract Number Title of Project Michael Woods, President m Page 8 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted 11, 1991 has awarded to Hondo Company, Inc. hereinafter designated as the "Principal ", a contract for Balboa Peninsula Alley Reconstruction. C -2806 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 Hondo Company, Inc. as Principal, and Great American Insurance Company as Surety, are held firmly bound unto the City of Newport Beach, in the sum of Seventy Four Thousand Six Hundred Ninety Four and 50/100 Dollars ($74,694.50 ), said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the contract; for which payment well and truly 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 °1 , 1 • 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 14th day of February , 19 91 Hond Seal) Name of Contractor Principal Great American Insurance Company (Seal) Name of Surety 200 S. Manchester Orange, CA 92668 dUsSu r t y, Attorne -In -Fact Signature an Title utiorized gent 4000 Barranca Parkwa X1250 Irvine CA 92714 ress o gent 714 262 -3299 e ephon2 No, of Agent O I 0 >. m O 11 0 R N ro 'b N w w •d +1 w :+ O E A 0 > w 4� ro z00P,a j A rowav vro 4j >, bwo +1 +J N 4P 4J wa�w vw rnmwAm .R� rr O r7 N O C,' - U N 41 i N ro Oro 0000S LO 003RN oiw w$AbNU �ro .+ A+ 04 >-H °A �4.) •� N .� v•rl ro Gl N.r >44 W N W d) i+ O 4J .rl N N N U O O +i +J 1 O Wro.vro 0 N 4410 044 040 N O a N 10,4 .N O q ..0 .0 v 0 aJ O >r Id •rl ro +J N 0 4J PP, W M ca z 0 P4ro L) arov00 v H P4 M N 'O N N 'U dl Q �O NI-+A WI 4J A V44 rnw a New 3044 0 W O i 0 .9 ro 0 3 Q ''1 �' U 'U y 4: U U W O WF i•.+�0vroror. CN E0 0 :1- (D.9 91 9 VIU Oa E 3 :-" roA- IC a a 4J O z ti ro U W W 0 0 L5� o E ,1,1 Q r E C Z U N . 2 M S' 1 e S GMU AMERICAN INSURANCE COMPANY :.. The number of persons authorized by this power of attorney is not more than No. 0 13194 ONE POWEROFATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and i '- existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and. appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said ,r. t Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power ra RICHARD C. LLOYD IRVINE, CALIFORNIA UNLIMITED This Power of Attorney revokes all previous powers issued in behalf of the attorney(s) -in -fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by itsappropriateofftcersanditscorporate seal hereunto affixed this 13th day of July 19. 90. ` Attest / GREATAMERICANAJj� ,S`UURRAj�NCECOMPANY . ilmi.,Iarrr .ticrrrLni Vice fi'esidenr . STATE OF OHIO, COUNTY OF HAMILTON —ss: On this 13th day of July, 1990 before me personally appeared WILLIAM J. MANEY, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Great American Insurance :Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. 5 Cummi Pu61W SWIC VI Oli1U /- .. \ \. My r.�+++� ++Is;trn GtUn:len.13, t7JT C y.C.c_`.F'rt- This Power of Attorney Is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated August 20, 1979. RESOLVED: That the President, the several Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorised, from time to time, to appoint one or more Attorneys -In -Fact to execute In behalf of the Company, as surety, any and all . bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof* to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other.`. written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original . signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the some force and effect ` as though manually affixed. CERTIFICATION 1, RONALD C. MAYES, Assistant Secretary of the Great American insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of August 20,1979 have not been revoked and are now in full force and effect. Signed and sealed this S 102SM (03/90) %y day of r� btru✓aNf 19,10 L..id:url •~'surtax r FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That Page 10 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted February 11, 1991 has awarded to Hondo Company Inc_ hereinafter designated as the "Principal ", a contract for Balboa Peninsula Alle 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, Hondo Company, Inc. as Principal, and Great American Insurance Company as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of Seventy Four Thousand Six Hundred Ninety Four and 50/100 Dollars ($ 74.694.50 )> said sum being equal to 100% of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors, and assigns; for which payment well and truly 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 c _R 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 14th day of February , 19 91 (Seal) Name of Contractor Principal) Great American Insurance Company (Seal) Name of Surety 200 S. Manchester Orange, CA 92668 Address of Surety C' Attorney -In -Fact Signature and Title of/Authorized Agent 4000 Barranca Parkway 11250 Irvine, CA 92714 Address of Agent (714) ,262 -3258 Telephone No. of Agent ) >, -0v 0 w 0 )4 O 0 N CO rO N ►1 N •rl +) W 11 O E A O > 4) 4J M Z O P. +1 R b wwa) w m ro ro>a�x 41>1 d W `0' C) N rn m m A ro A� •.i E wN N >r +1 43 N O a U N O p O 0 U 7U 7'O 70393 -i V) W O) W 0a N U .-� N .4 a) •,.y' -11 0 C W 0 +� a > •,1 ro .0 ? N }' N C7 U N 7 v• 1 b * N N U O O .N 4 .I rt 44•64144' pN N C CL N 'O N ai 0 0 A N •./ d N -N H +J QE d +J 0 41 N N $4 41 1) O U O O M U 070 'OOIO Lf +�•)N b VIN V ol 0E V c 'l N O.3 WO 1 OL)410044gO3 N Y y1 U b F' U U w 0 WE -.+,�avmro.-, FO R :5 04 0 a 04 LO V 004 E 3 -.+ b A� a >a O m V WIN V . N a! N V U w w 0 � z m °o N N d Lei a+ 3 s' GUM AIVERICAN INSURANCE GDMPANY .. The number of persons authorized by this power of attorney is not more than No. 0 13194 ONE POWEROFATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and .`; all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on anysuch bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power RICHARD C. LLOYD IRVINE, CALIFORNIA UNLIMITED This Power of Attorney revokes all previous powers issued in behalf of the attorney(s) -in -fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by itsappropriate officers and itscorporate seal hereunto affixed this 13th day of July .19.90., Attest GREAT AMERICANA SURANCE COMPANY +'t �Jf �A,xi,(a a ACcl, 1;1111 Vice President STATE OF.OHIO, COUNTY OF HAMILTON — ss: On this ' 13th day of July, 1990 before me personally appeared WILLIAM J. MANEY, to me known, being duly swom, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Great American Insurance " Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of ` his office under the By -laws of said Company, and that he signed his name thereto by like authority. ,.w. LLVIN A. II.IMM C .. Nn1xy ` ' St tG ut 01170 er fmnmtr;D11 L1 1m; . G G Jail. iJ, 1Y11 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated August 20, 1979, RESOLVED: That the President, the several Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -ln -Fact to execute In behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties . and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers maybe affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of the Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of August 20,1979 have not been revoked and are now in full force and effect. Signed and sealed this S1029tu(03 /90) day of f j bR� f '1910 :1si,Nant .Sfi ,CI:UI' Ah is Page 12 L _C E " OF iNSUR'ANCE '��V TIFICJ47E' * PRODUCER,­ COMPANIES AFFORDING COVERAGE CRAIG LOSS INSURANCE SERVICES 25431 CABOT ROAD, SUITE 207 COMPANY A NATIONWIDE MUTUAL INSURANCE COMPANY LETTER LACUNA HILLS, CA 92653 (714) 455 -9808 COMPANY B LETTER INSURED Hondo Company, Inc. 605 "All E. Alton Avenue COMPANY C LETTER Santa Ana CA 92705 y. «p IS 70 CERi1F�' THAT POLICIES OF INSU OW fiA BEEN ISSUED TO THE INS R NAMED D ABOVE FOR THE POLICY PERIOD ,_r'-- OJV'E OR " INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE 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 POLICES AND IS NOT AMENDED, EXTENDED OR ALTERED BY THIS CERTIFICATE W LIT TYPE OF INSURANCE POLICI NUMBER EFFECTIVE EXPIRATION ALL LIMITS IN THOUSANDS GENERAL. LIABILITY GENERAL AGGREGATE $ 2,000, ( OCCURENCE BASIS ONLY) A COMMERCIAL 73PR00 6/1/90 6/1/91 PRODUCTS /COMPLETED 5 COMPREHENSIVE 5002 5002 OPERATIONS AGGREGATE 1,000, & CONTRACTORS ® PROTECTIVE INJURY 5 ®PERSONAL CONTRACTUAL FOR SPECIFIC 1,000, CONTRACT OX PRODUCTS /COMPL OPE0. O XCU HAZARDS EACH OCCURANCE 5 1,000, ® BROAD FORM PROP. DAMAGE ® SEVERABIUfY OF INTEREST FIE DAMAGE DIVE FIR $ SO CLAUSE (ANT' , ® PERSONAL INJURY WITH EMPLOYEE EXCLUSION MEDICAL EXPENSES S REMOVED (ANYONE PERSON) 5, MARINE AUTOMOBILE LIABILITY COMBINED $ 1,000, Y A COMPREHENSIVE 73BA007378- 6/1/90 6/1/91 SINGLE LIMIT $ t OMJED 0001 (�E PERSON) 5 BODILY INJURY $ HIRED (PER ACCIDENT) { PROPERTY DAMAGE $ NON-OWNED - EXCESS LIABBJTY '- '" EACH AGGREGATE UMBRELLA FORM OCCURRENCE 5 OTHER THAN UMBRELLA FORM ^+` '' = STATUTO RY ,. =??:s'3is=�€r WORKERS COMPENSATION $1,000, EACH ACCIDENT A AND 73WC007378- 6/1/90 6/1/91 $1,000, DISEASE -POUCY LIMIT EMPLOYERS' LIABILITY 0003 $1,000, DISEASE -EACH EMPLOYEE LONGSHOREMEN'S AND HARBOR 4 a'.66% WORKERS' COMPENSATION STATUTORY ,,� r. DESCRIPTION OF OPOAT*M/L- OCATIONWMPC ES/RESTRICTIONS/SPECIAL ITEMS: ALL OPERATIONS PERFORMED FOR THE CITY OF NEWPORT BEACH BY OR ON BEHALF OF THE NAMED INSURED IN CONNECTION WITH THE FOLLOWING CONTRACT: Balboa Peninsula Alley Reconstruction C -2806 PROJECT TITLE AND CONTRACT NUMBER ,€ "CERTIFICATE HOLDER £" CANCELLATION „ ., .. . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON - RENEWED, CITY OF NEWPORT BEACH CANCELLED OR COVERAGE REDUCED BEFORE THE EXPIRATION DATE THE P.O. BOX �76B COMPANY AFFOROIN OV GE SHALL PROVIDE r DAYS MIN. ADVANCE 3.'i00 NEWPORT BLVD. NOTICE To THE c R f BEACH a STEREO MAIL NEWPORT BEACH, CA 92659 -1768 ATTENTION: REPTIENTATIVE UE LIA 0 Page 13 CITY OF NEWPORT BEACH AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for Automobile Liability, the City of Newport Beach, its officers and employees are additional insureds but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage." 3. The limits of liability under this endorsement for the additional insureds named in Paragraph 1. of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit: ( ) Multiple limits Bodily Injury Liability Bodily Injury Liability Property Damage Liability CA Combined Single Limit Bodily Injury Liability and Property Damage Liability $ per person $ 1,000,000 accident 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. 5. Designated Contract: Balboa Peninsula Alley Reconstruction C -2806 (Project Title and Contract No. This endorsement is effective 2/13/91 at 12:01 A.M. and forms a part of Policy No.73sAOO7378 -0001 of Company A or ing overage OMPANY Insured HONDO COMPANY, INC. Endorse Producer CRAIG FOSS INSURANCE SERVICES By _ CITY OF NEWPORT BEACH Page 14 GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for General Liability, the City of Newport Beach, its officers and employees are additional insureds, but only with respect to liability arising out of operations performed by or on behalf of the named insureds in connection with the contract designated below or acts and omissions of the additional insureds in connection with its general supervision of such operations. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage. 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision con- tained in the written contract designated below, between the named insured and the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU" hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured(s) named in Paragraph 1. of this endorsement shall be the limits indicated below written on an "Occurrence" basis: OW Commercial ( ) Comprehensive General Liability $ 1,000,000 each occurrence $ 2.000.000 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. 7. Designated Contract: Balboa Peninsula Alley Reconstruction C -2806 Project Title and Contract No. This endorsement is effective 2/13/91 at 12:01 A.M. and forms a part of Policy No. 73PROO7378 -5002 Of NATIONWIDE T AL INSU Company A or ing overage Insured HONDO COMPANY, INC. Endors " Producer CRAIG FOSS INSURANCE SERVICES By • • Page 15 CONTRACT THIS AGREEMENT, entered into this 11 day of Febrrar 19 .91 , by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Hondo Com an , hereinafter "Contractor, " is made with reference to the fol owing facts: (a) City has heretofore advertised for bids for the following described public work: Balboa P nin 1 on C -2806 Tit a 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: Balboa Peninsula Alle Reconstruction C -2806 t e of roject 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 (e nature o his compensation inclu es any oss or mage arising from the nature of the work; (2) any loss or damage arising from any unforeseen difficulties or obstruc- tions in the performance of the work; (3) any expense incurred as a result of any suspension or discontinuance of the work; but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated herein by reference as though set out in full and include the following: (a) Notice Inviting Bids (b) Instruction to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and endorsement(s) Page 16 (f) Plans and Special Provisions for Ralhna Pen,4s. A] V Reroncztri-Ctj0n f -?Rnfi 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. CITY OF NEWPORT BEACH By Mayor ATTEST: 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS BALBOA PENINSULA ALLEY RECONSTRUCTION CONTRACT NO. 2806 I. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . 1 II. CONTRACTOR'S LICENSES . . . . . . . . . . . . . . . . 1 III. HOURS OF WORK . . . . . . . . . . . . . . . . . . . . 1 IV. COMPLETION, SCHEDULE AND PROSECUTION OF WORK 2 V. PAYMENT . . . . . . . . . . . . . . . . . . . . . . . 3 VI. LIQUIDATED DAMAGES . . . . . . . . . . . . . . . . . 3 VII. NOTICE TO RESIDENTS AND "NO PARKING" SIGNS . . . . . 3 A. Notice to Residents . . . . . . . . . . . . 3 B. "NO PARKING -TOW AWAY" Signs . . . . . . . . . . . 4 C. Street Sweeping Signs . . . . . . . . . . . . . . 4 VIII. CONSTRUCTION SURVEY STAKING . . . . . . . . . . . . . 4 IX. WATER . . . . . . . . . . . . . . . . . . . . . . . . 4 X. STEEL PLATES . . . . . . . . . . . . . . . . . . . . 4 XI. CONSTRUCTION DETAILS . . . . . . . . . . . . . . . . 5 A. Street and Alley Construction. . . . . . . . . . .5 I. II. 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS BALBOA PENINSULA ALLEY RECONSTRUCTION CONTRACT NO. 2806 SCOPE OF WORK S$ l "of -6 h The work to be done under this contract consists of removing and replacing existing alley improvements; adjusting existing City -owned utility frames and covers to finished grade; and other incidental items of work. All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions, (2) the Plans (Drawing No. A- 5126 -5), (3) the City's Standard Special Provisions and Standard Drawings , (1988 Edit (4 the Standard Specifications for Public Works Construction, (1988 Edition), including Supplements. 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. CONTRACTOR'S LICENSES At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License, or a Concrete Contractor 11C -8" License. At the start of work and until completion of work, the Contractor shall possess a Business License issued by the City of Newport Beach. III. HOURS OF WORK 7:00 AM - 6:30 PM weekdays 8:00 AM - 6:00 PM Saturdays No work will be permitted on Sundays and holidays which disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity. "Holiday" shall be defined as January 1st, the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday in November (Thanksgiving), and December 25th (Christmas). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday. • • SP 2 of 6 IV. COMPLETION. SCHEDULE AND PROSECUTION OF WORK A. The Contactor shall complete all work within one hundred twenty (120) consecutive calendar days, but no later than June 15, 1991. The Contractor shall begin his construction with Alley 320 -A. B. The Contractor shall complete all work on each alley or street within twenty (20) consecutive calendar days after beginning work on that alley or street. The term "work" as used herein shall include all removals, adjustments, and replacements; construction of alley pavement, alley approaches, street pavement, curb, sidewalk, adjacent PCC or AC garage approaches and AC joins. Also included within the specified period is curing time for new PCC improvements. In summary, this means that each alley or street and every garage approach with access from that alley must be returned to normal vehicular use within twenty (20) consecutive calendar days from the day it is first closed to such use. The Contractor must employ sufficient men and equipment to meet this schedule. If it becomes apparent during the course of the work that Contractor will not be able to meet this schedule, he will be prohibited from starting additional work in additional alleys or streets until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional men and equipment were required on the job. The Contractor will be assessed $350.00 per day (including Saturdays, Sundays and holidays) liquidated damages for each day in excess of the twenty (20) consecutive days allowed for 100% completion of the construction work at each alley or street. Additional liquidated damages shall be assessed for failure to complete the project as specified under Section VI, Liquidated Damages. The intent of this section of the Special Provisions is to emphasize to the Contractor the importance of prosecuting the work in an orderly, preplanned, continuous sequence so as to minimize the time an alley or street is closed to vehicular traffic. V. VI. VII. • SP 3 of 6 C. It will be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of materials will not be sufficient reason to grant the Contractor an extension of time for 100% completion of work at each alley or street. D. No work shall begin until a schedule of work has been approved by the Engineer. PAYMENT The unit or lump sum price bid for each item of work shown in the proposal shall be considered as full compensation for all labor, equipment, materials and all other things necessary to complete the work in place, and no additional allowance will be made therefor. Payment for incidental items of work not separately provided for in the proposal shall be included in the unit price bid for each item of work. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. LIQUIDATED DAMAGES Commencing on June 15, 1991, the Contractor shall pay to the City, or have withheld from monies due the Contractor, the daily sum of $350.00 in lieu of the daily sum of $100.00 specified in Section 6 -9 of the Standard Specifications. NOTICE TO RESIDENTS AND "NO PARKING" SIGNS A. Notice to Residents Forty -eight (48) hours before restricting vehicular access to garages or parking spaces, the Contractor shall distribute to each affected address a written notice stating when construction operations will start and approximately when vehicular accessibility will be restored. The written notices will be prepared by the Engineer. The Contractor shall insert the applicable dates and time at the time he distributes the notices. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor renotification using an explanatory letter furnished by the Engineer. i • • SP 4 of 6 B. "NO PARKING -TOW AWAY" Signs 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 40 hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division at (714) 644- 3740, for verification of posting at least 40 hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimension of 12 inches wide and 18 inches high; and (3) be similar in design and color to sign R -38 on the Caltrans Uniform Sign Chart. The Contractor shall print the hours and dates of parking restrictions on the "No Parking -Tow Away" signs in 2- inch -high letters and numbers. A sample of the completed sign shall be approved by the Engineer prior to posting. C. Street Sweeping Signs After posting "No Parking -Tow Away" signs, the Contractor shall bag or cover street sweeping signs on those streets adjacent to alley construction in a manner approved by the Engineer. Immediately after completion of alley work and upon removal of the "NO PARKING -TOW AWAY" signs, the Contractor shall uncover street sweeping signs on those streets adjacent to the completed alley. VIII. CONSTRUCTION SURVEY STAKING Field staking control of construction will be provided by the Engineer. IX. WATER If the Contractor desires 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 City, the deposit will be returned to the Contractor, less a quantity charge for water usage. X. STEEL PLATES The City can provide, free of charge, a limited quantity of 1" thick, 5' x 30' steel plates. These plates may be obtained from and shall be returned to the City's Utilities Yard at 949 West 16th Street. To determine the number of plates available and to reserve the plates, the Contractor must call the City's Utilities Superintendent, Mr. Peter Antista, at (714) 644 -3011. ! •SP 5 of 6 XI. CONSTRUCTION DETAILS A. Street and Alley Construction 1. Removals and Excavation The work shall be done in accordance with Section 300 - 1.3.2. of the Standard Specifications except as modified and supplemented herein. Final removal at the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. Final removal accomplished by other means must be approved by the Engineer. 2. Existing Utilities The Contractor shall adjust to finish grade all sewer manholes, sewer cleanouts, water meter boxes, water valve covers, and survey monument covers prior to the placement of pavement. The Contractor shall be responsible for any damages to existing utilities resulting from his operations. 3. PCC Curb and Sidewalk The cost of constructing curb and sidewalk adjacent to new alley approaches to join existing or new improvements shall be included in the cost of constructing PCC alley approaches. 4. Encroaching Improvements The Contractor shall salvage any brick encroaching in the alley in conflict with the work, and stack it neatly on the property adjacent to the alley. 5. Patch Back The Contractor shall patch back AC and PCC within private property at locations shown on the plans in a manner that matches the adjoining private property improvements in structural section, texture and color. SP 6 of 6 6. Water Meter Boxes The Contractor shall salvage and reset existing concrete meter boxes. The City shall furnish to the Contractor meter boxes to replace those boxes which the Contractor and the Engineer determine to be substandard or broken prior to construction. Meter boxes provided by the City shall be picked up by the Contractor at the City's Utilities Yard at 949 West 16th Street. Boxes broken during the course of construction shall be replaced by the Contractor at his sole expense. • TO: FROM: EY THE CITY COUNCIL CITY OF NEWPORT BEACH JAN 1 4 1991 AP �� City Council Public Works Department January 14, 1991 CITY COUNCIL AGENDA ITEM NO. F -14 SUBJECT: BALBOA PENINSULA ALLEY RECONSTRUCTION (C -2806) RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Authorize the City Clerk to advertise Bids to 19 91.. DISCUSSION: This project provides for the replacement of 15,770 square feet of alley improvements, as shown on the attached Exhibit "A ". The reconstruction of the alley improvements will facilitate drainage and provide a smooth driving surface. The Engineer's construction estimate is $129,000. Sufficient funds to award this amount are available in the Balboa Peninsula Alley Replacement Program account. The plans and specifications were prepared by the Public Works Department. All work should be completed by June 15, 1991. a7-44'.�4 a &U/,5,n Benjamin B. Nolan Public Works Director SL: so • Attachment n u Authorized to Publish Advertisements of 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 17, 20, 1991 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on January 20, at Costa Mesa, California. Signature 1991 PROOF OF PUBLICATION �2�l : �"' r TO: City Council FROM: Public Works Department A ov April 23, 1990 CITY COUNCIL AGENDA ITEM NO. F -13 SUBJECT: CURB ACCESS RAMP CONSTRUCTION IN EASTBLUFF, SIDEWALK CONSTRUCTION IN CORONA DEL MAR, AND ALLEY REPLACEMENT ON BALBOA PENINSULA (C -2806) RECOMMENDATION: Rescind the authorization to advertise for bids. DISCUSSION: On April 9, 1990, this $70,000 project was approved to advertise for bids to be opened on May 3, 1990. Approximately 65% of the cost of the work involved replacement of pavement in four alleys on Balboa Peninsula (see attached Exhibit "A"). Staff has since determined that the sewers underlying these four alleys are constructed with concrete pipe, which deteriorates over time as it reacts with sewer gases. Since staff anticipates the need to replace this pipe in the near future, staff requests that Contract No. 2806 be dissolved and that the proposed alley replacement be added to the next sewer and alley replacement project. Construction would begin during the fall or winter in order to avoid the problems associated with construction on the Peninsula during summer months. The remainder of Contract No. 2806, curb access ramp construction in Eastbluff and sidewalk construction in Corona del Mar, will be combined with similar construction and contracted at the earliest opportunity. a,- - J& Benjamin B. Nolan Public Works Director SL: so V, Id WA W\�\ ..Pit 71 jL j oopk�., rl; op ;r Ail� k,44, I 1 %' 41 1 1 ......... ........ v V, ll`j le 44 4Uln CITY NEWPORT BEACH C PROJECT LOCATION `- C-2806 MAWN JA DA"M -3/30/90 CITY OF NEWPORT BEACH PUBLIC WORKS, DEPARTMENT MMOVED CURB ACCESS RAMP CONSTRUCTION IN EASTBLUFF; SIDEWALK CONSTRUCTION IN CORONA DEL MAR; ALLEY RECONSTRUCTION ON THE SALBOA PENINSULA DRAWING NO. EXHIBIT "A" 11 0 d • 4 _I TO: City Council FROM: Public Works NO April 9, 1990 CITY COUNCIL AGENDA ITEM NO. F -13 SUBJECT: CURB ACCESS RAMP CONSTRUCTION IN EASTBLUFF, SIDEWALK CONSTRUCTION IN CORONA DEL MAR AND ALLEY REPLACEMENT ON BALBOA PENINSULA (C -2806) RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Authorize the City Clerk to advertise for bids to be opened at 11:00 A.M. on May 3, 1990. DISCUSSION: This project provides for construction of new curb access ramps and sidewalk, and reconstruction of alleys at locations shown on the attached "Exhibit A". The curb access ramp construction will provide continuous access along Vista del Oro for handicapped persons. The sidewalk construction will provide a back -of -curb sidewalk along 1st and Carnation Avenues adjacent to Begonia Park and along Ocean Boulevard between Goldenrod and Fernleaf Avenues. The alley reconstruction will facilitate drainage and provide a smooth concrete driving surface for existing asphalt -paved alleys which are deteriorated beyond repair. The Engineer's construction estimate is $70,000. Funds are available from appropriations for sidewalk, curb and gutter construction, for curb access ramps construction and for alley replacement on Balboa Peninsula. Plans and specifications were prepared by the Public Works Department. All work should be completed by July 15, 1990. r 4Q94 Benjamin B. Nolan Public Works Director SL: so Attachment ?I SCA -V-490p' Dul" *11N ll%�� NoO CQ &1117 IT a ... .. . a. ell NN Z­ j, . . . . . . . . . . . . . . . of it zt 0 -; rrq oe, k :0, S ........ .. ..... ..... .. o CITY NEWPORT BEACH v c PROJECT LOCATION y C-2806 CITY OF NEWPORT BEACH PUBLIC WORKS. DEPARTMENT CURB ACCESS RAMP CONSTRUCTION IN EASTBLUFI-; SIDEWALK CONSTRUCTION IN CORONA DEL MAR; LLEY RECONSTRUCTION 014 THE BALBOA PENIINSULA DRAWN JW DATE ----ALALLZ.!1 APPROVED DRAWING NO. EXHIBIT "An