Loading...
HomeMy WebLinkAboutC-2824 - Mariners Mile Parking Lot and Access RoadCITY OF NEWPORT BEACH September 9, 1991 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Nobest Inc. P.O. Box 874 Westminster, CA 92684 (714) 644 -3005 Subject: Surety: The Continental Insurance Company Bond No.: 131 71 71 Contract No.: C -2824 Project: Mariners Mile Parking Lot and Access Road The City Council of Newport Beach on August 12, 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 August 20, 1991, Reference No. 91- 448635. Sincerely, Id", /" , , �r" Wanda E. Raggio City Clerk WER:pm cc: Public Works Department 3300 Newport Boulevard, Newport Beach RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk �� 2XI' City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 SIMPT RECORDING REQUEST PER, GOVERNMENT CODE 6103 RECEIVED 91- 448635 � sECp"s M1991 r) CITY OF NEWPORT BEACH NOTICF. OF COMPLETION PUBLIC WORKS '1 o All Laborers and Material Men and to Every Other Person Interested: t Tides i Ewa. Pgo$ Lien ®f Other ronl D.T. PCORI SMF RDE -1 YOU WILL PLEASE TAKE NOTICE that on July 23, 1991 the Public Works project consisting of MARINERS MILE PARKING LOT AND ACCESS ROAD _ (C -2824) on which Nobest Inc., P.O. Box 874, Westminster, CA 92684 was the contractor, and The Continental Insurance Company, P.O. Box 2263, Brea, CA _ was the surety, was completed. 92622 -2263 TYC_OF NEWPORT BEACH J, X4 Pub is 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 August 14, 1991 at Newport Beach, California. f�ublie 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 August 12, 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 August 14, 1991 at Newport Beach, California. �k City Clerk F REIC O OAf GUNTY, CALIFORNIA 4:00 P.M. AUG 2 01991 Q•yRecorder A not IT p . , : . (5k) • • • i TO: City Council AUG 1 7I9ai FROM: Public Works Department August 12, 1991 CITY COUNCIL AGENDA ITEM NO. F -17 SUBJECT: ACCEPTANCE OF CONSTRUCTION OF MODIFICATIONS TO THE MARINERS MILE PARKING LOT AND ACCESS ROAD (C -2824) RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. DISCUSSION: The contract for the construction of the modifications to the Mariners Mile Parking Lot has been completed to the satisfaction of the Public Works Department. The bid price was $44,185.90 Amount of unit price items constructed 43,528.39 Amount of change orders 1.663.00 Total contract cost $45,191.39 One Change Order was issued in the amount of $1,663.00. It provided for the replacement of street lighting conduit and the relocation of two fence posts. Funds for the project were budgeted in the General Fund, Account No. 02- 3397 -558. The contractor is Nobest, Inc. of Westminster. The contract date of completion was August 8, 1991. The work was completed by July 23, 1991. enjamin B. Nolan Public Works Director GPD:so • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 T0: FINANCE DIRECTOR (714) 644 -3005 ,5- i7- 91 FROM: CITY CLERK DATE: May 17, 1991 SUBJECT: Contract No. C -2824 Description of Contract Mariners Mile Parking Lot and Access Road Effective date of Contract April 22, 1991 Authorized by Minute Action, approved on April 22, 1991 Contract with Nobest Incorporated Address P.O. Box Westminster, CA 92684 Amount of Contract $44,185.90 4�-q 4e Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach Sealed bids may be received:' 3399 Newport Boulevard, P. 6. Bt until 11:00 A.M. on thi at which time suc .:bi,ds 41 of�r�'1�, 1991, opener and read for MARINERS MILE PARKING LOT AND ACCESS ROAD Reproved by the City Council this ?rth day of March . 1991 Wanda E. Reggio City Clark Clerk Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3399 Newport Boulevard, P. 0. Box 1768, Newport Belch, CR 9659 -1768. For further information, call Dick.Hoffstadt at 644 -3311. - -Project, Manager, i I Sealed bids may be received:' 3399 Newport Boulevard, P. 6. Bt until 11:00 A.M. on thi at which time suc .:bi,ds 41 of�r�'1�, 1991, opener and read for MARINERS MILE PARKING LOT AND ACCESS ROAD Reproved by the City Council this ?rth day of March . 1991 Wanda E. Reggio City Clark Clerk Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3399 Newport Boulevard, P. 0. Box 1768, Newport Belch, CR 9659 -1768. For further information, call Dick.Hoffstadt at 644 -3311. - -Project, Manager, i n . i PR 1.1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMEN PROPOSAL MARINERS MILE PARKING LOT AND ACCESS ROAD CONTRACT NO. 2824 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659 -1768 Gentlemen: The undersigned declares that he has carefully examined the location of the work, that he has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all work required to complete this Contract No. 2824 in accordance with the Plans and Special Provisions, and that he will take in full payment therefore the following unit price for the completed item of work, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. 2,450 Remove existing PCC Sq. Ft. sidewalk, driveway, curb, curb & gutter, and gutter @ One Dollars and Ninety -four Cents $ 1.94 $4,753.00 Per Square Foot 2. 200 Remove existing 41 chain Lin. Ft. link fence salvage fence fabric @ Two Dollars and Twenty -five Cents $ 2.25 $ 450.00 Per Linear Foot 3. 3,100 Remove existing AC pavement Sq. Ft. @ One Dollars and Ninety -four Cents $ 1.94 $6,014.00 Per Square Foot PR 1.2 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 330 Sq. Ft 5. 100 Sq. Ft. Construct 6' wide ribbon gutter @ Three Dollars and Eighty Cents $ 3.80 $1,254.00 Per Square Foot Construct 4' wide ribbon gutter @ Three Dollars and Eighty Cents $ 3.80 $ 380.00 Per Square Foot 6. 65 Construct Type "B" 6" curb Lin. Ft. @ Thirteen Dollars and Cents $ 13.00 $ 845.00 Per Linear Foot 7. 280 Construct 6" curb and gutter Lin. Ft. @ Thirteen Dollars and Q Cents $ 13.00 $3,640.00 Per Linear Foot 8. 245 Construct modified Type "B" curb Lin. Ft. & 4' chain link fence using salvaged fence fabric @ Seventeen Dollars and 0 Cents $ 17.00 $4,165.00 Per Linear Foot 9. 1,092 Construct 6" PCC driveway Sq. Ft. approaches @ Two Dollars and FiftPan Cents $ 2.15 $2,347.80 Per Square Foot PR 1.3 ITEM QUANTITY ITEM DESCRIPTION IINIT TOTAL NO. AND UNIT IINIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 974 Construct standard 4" PCC Sq. Ft. sidewalk @ Two Dollars and Fifteen Cents $ 2.15 $2,094.10 Per Square Foot 11. 12 Remove interfering portion Lin. Ft. of retaining wall @ Twenty -five Dollars and ¢ Cents $ 25.00 $ 300.00 Per Linear Foot 12. 430 Cold mill existing pavement Sq. Ft. (0.1' min. depth) @ Two Dollars and Sixty Cents $ 2.60 $1,118.00 Per Square Foot 13. 105 Full depth pavement Tons @ Fifty -five Dollars and Q Cents $ 55.00 $5,775.00 Per Ton 14. 100 Construct variable thickness Tons AC overlay @ Fifty -five Dollars and 0 Cents $ 55.00 $5,500.00 Per Ton 15. 1 Install street light standard Each with single luminaire and pull box. Install street light conduit and conductors @ Twenty three hundred Dollars and Q Cents $2,300.00 $2,300.00 Per Each c 0 0 PR 1.4 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 2 Relocate existing street light Each standard, luminaires and pull boxes. Install conduit and conductors @ One thousand five Dollars hundred fifty and 0 Cents $1.550.00 $3,100.00 Per Each 17. 1 Relocated parking meter post @_ One hundred fifty Dollars and 0 Cents $ 150.00 $ 150.00 Per Each Forty four thousand One hundred Eighty -five Dollars and Ninety Cents TOTAL BID PRICE (WORDS) Date .Bidder \/Nobest 714) 892 -5583 Bidder's Telephone No. $44,185.90 TOTAL BID PRICE (FIGURES) 359622 A P.O. Bi 874 Westminster CA 92684 Bidder's License Bidder's Address No. & Classification Page 2 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS. 1. PROPOSAL 2. INSTRUCTIONS TO BIDDERS 3. DESIGNATION OF SUBCONTRACTORS 4. BIDDER'S BOND (sum not less than 10% of total bid price) 5. NON - COLLUSION AFFIDAVIT 6. TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. The City of Newport Beach will not permit a substitute format for the documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. In accordance with the California Labor Code (Sections 1770 et seq.) , the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or ,type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -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. 359622 A Contr's Lic. No. 6 Classification Date P • Page 3 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. Subcontract Work 1. Street Lights 2, Fence 3. 4. 5. 6. 7. B. 9. 10. 11. 12. Subcontractor F.J. Johnson Electric Goldenwest Fence Address Anaheim, CA Westminster, CA 1988 18:30 FROM • TO IQ18T 14, P.03 Page 4 c' BIDDER'S BOND BID DATE: 4411J91 KNOW ALL MEN BY THESE PRESENTS, • That we, NOBEST INCORPORATED as .bidder, and THE CONTINENTAL INSURANCE COMPANY , as,Surety, are::held and firmly bound unto the City of Newport Beach, California, In the.sun' of.'' ' Ten e Pe nt (10s) Of the Zbtal Atro t of th e B'd rc un i 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 and ss Road 2824 Tltle of Project raft iio. 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.ex6cute a contract -for. such construction and shall execute and deliver to said, City. "the. 2PaymefiV :and "Faithful Performance" contract bonds described in the..Spe.cifications. 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 became null• and'•void;.otherwise it is and shall remain in full force and effect, and the-amount spetified.berein shall be forfeited to the said City. In the event that any bidder above named executed this bond as an it is agreed that the death of any such bidder shall not.ezonerate the.. Surety from its obligations under this bond.. IN WITNESS WHEREOF, we hereunto set our hands and seals this- '29th'_:..day Of -March (Attach acknowledgement of Attorney -in -Fact) NOBEST INCORPORATED I' State of California County of Los Angeles 1 SS. On this 29th day of Marah in the year 1991 before me a Notary Public personally appeared Lin D. Coats , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney -in -fact of THE CONT TENTAL INSURANCE COMPANY , and acknowledge to me that.il(she) subscribed the name of THE CONTINENTAL INSURANCE CQMPANY thereto. as surety, andHid(her) own name as Attorney -in -fact. 4 OFFICIAL SEAL \ MARGARETA T. HIM 0MC, UN -� L_9 ANCfLrS COUf.,y - -'- Icy Ccc,rr.;� >;on aspires Ccc.9. 1994 Notary Public in and for said County -The Wntinental Insurance Co *pany 180 Maiden Lane, Niew York, New York 10038 GENERAL POWER OF ATTORNEY Know all men by these Presents, That THE CONTINENTAL INSURANCE COMPANY has made, constituted and appointed, and by these presents does make, constitute and appoint Linda D. Coats of Pasadena, California its true and lawful attorney, for it and in its name, place, and stead to execute on behalf oft he said Company, as surety, bonds, undertakings and contracts of suretyship to be given to All Obligees provided that no bond or undertaking or contract of suretyship executed under this authority shalt exceed in amount the sum of Ten Million ($10,000,000) Dollars This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the f st day of November, 1977: "RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the Resident, an Executive Vice President or a Senior Vice Resident or a Vice Resident of the Company, be, and that each or any of them is, authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company, bonds, undettakings and all contracts of suretyship; and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company; FURTHER RESOLVED, that the signatures of such officen and the seal of the Company may be affixed to any such Power of Attorney or io any certificate relating thereto by facsimile, and any such Power of Attorney orcenifiwte bearingsuch facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached." In Witness Whereof, THE CONTINENTAL INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this Ist day of May, 1985. Attest: Robert W. Adler, Sr., Assistant Vice Resident STATE OF NEW YORK 1 COUNTY OF NEW YORK 1} THE CONTINENTAL INSURANCE COMPANY By •• M¢hael I. Beernaen, Vice Resident On this 1st day of May, 1985, before me personally came Michael 1. Beernaeri, to me known, who being by me duly sworn, did depose and say that he is a Vice President of THE CONTINENTAL INSURANCE COMPANY, the corporation described in and.vhich executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. l rent�,V2�1 ETHEL TARANTO NOTARY 1`1111UC, 5we m New Yrvk No. 24.4,61117 Qual..n Kmes Cvun,y CERTIFICATE Commission Lxpues March 10, 1766 1, the undersigned, an Assistant Vice President of THE CONTINENTAL INSURANCE COMPANY, a New Hampshire corporation- DO HEREBY CERTIFY that the foregoingand attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed at the City of New York, in the State of/ New ,, York. Dated the 29111 day of march ,19 91 .r M. KraM, Nswrarsr TRCe Res.deM 11 Rn�n a i,c, ... ....' I 0 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, 0 Page 4 That we, Nobest Incorporated , as bidder, and The Continental Insurance Company as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten Percent (10 %)_ of the Total Amount 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 Mariners Mile Parking Lot and Access Road C -2824 Title of Project Contract No. in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver to said City the "Payment" and "Faithful Performance" contract bonds-described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) from the date of the mailing of contract documents for execution to the above bounden bidder by and from said City, then this obligation shall become null and void; otherwise it is and shall remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any bidder above named executed this bond as an individual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 29th day of March 19 91. (Attach acknowledgement of Attorney -in -Fact) Notary Public Commission Expires: Nobest Incorporated RiddPr By Title Linda D. Coats, Attorney -In -Fact NONCOLLUSION AFFIDAVIT State of California ) Orange ) ss. County of 9 ) 0 Page 5 Larry Nodland being first duly sworn, deposes and says that he or she is Trpacurpr of Nnhpct Tnror�nratpd the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, south by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Subscribed and sworn to before me tb My commission expires: 5-14-93 Nobest Incorporated Bidder Notary Public .r • • Page 6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No. See Attached List Nobest Incorporated Autho i ed Sig ature Title afr o land, Treasu r NAEST INCORPORATED LICENSE #359622 ' P.O. BOX 874 WESTMINSTER, CA 92684 PH. 714 -892 -5583 REFERENCE LIST 1. City of Glendale, Contact: Don Campbell /City Engineer (818) 956 -3945 PROJECT: ALLEY RECONSTRUCTION 2. City of Orange Contact: Ashok Basargekar (714) 532 -0457 PROJECT: HCD ALLEY IMPROVMENTS 3. City of Anaheim Contact: Dave Nelson /Field Engineer (714) 999 -5126 PROJECT: LINCOLN AVE. MEDIAN ISLANDS 4. City of Long Reach CONTACT: Ken Walker /Contract Compliance (213) 590 -6255 PROJECT: CITY WIDE SIDEWALK ;i. City of Tustin CONTACT: Jeff Chin (714) 544 -8890 PROJECT: EMBOSSED CONCRETE MEDIAN PAVING IMPROVEMENTS - VARIOUS LOCATIONS 286,000.00 34B4O65.00 104,462.60 725,000.00 36,798.00 0 ! N O T C Page 7 The following contract documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of mailing Notice of Award to the successful bidder: PAYMENT BOND (Pages 8 & 9) FAITHFUL PERFORMANCE BOND (Pages 10 & 11) CERTIFICATE OF INSURANCE & ENDORSEMENTS (Pages 12, 13, 14) CONTRACT (Pages 15 & 16) The City of Newport Beach will not permit a substitute format for these contract documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Payment and faithful performance bonds shall 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." // si-� 15-/1- Contract Number land, 11 0 Executed In Four Counterparts PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That 0 Page 8 BOND NO. 131 71 71 PREMIUM: Included WHEREAS, the City Council of the City of Newport. Beach, State of California, by motion adopted April 22, 1991 has awarded to Nobest Incorporated hereinafter designated as the "Principal ", a contract for Mariners Mile Parking Lot and Access Road C -2824 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 NOBEST INCORPORATED as Principal, and THE CONTINENTAL INSURANCE COMPANY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of Forty four Thousand One Hundred Eighty -five and 90/100 Dollars ($_ 4 ins gn ). said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his subcontractors, fail to pay for any materials, provisions, or other supplies, used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind or for amounts due under the Unemploy- ment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. The bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon i 0 i Page 9 L s s 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 30th day of April . 1991 Nobest Incorporated (Seal) Name of Contractor Principals -t�► - 0- gna THE CONTINENTAL INSURANCE COMPANi' tSeal) Name of Surety P. 0. Box 2263 818)796 -3888 Telephone No. of Agent ri • .1 . I i dO STATE OF CALIFORNIA ORANGE as. COUNTY OF On this 7 day of MAY In the year 19 before me, the undersigned, a Notary Public In and for said State, personally appeared LARRY NODLAND personalty known to me. OFFICIAL 5En[. for proved to me on the basis of satisfactory evidence) to be the person who executed the m DAVID E. PDOLE within instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed It. MY r.0111111. Esnkes Mry 16, 1993 • WITNESS my hand and officcifseal. ACKWVAEMMF*T—CXW8ft*-1P FOM 222CA-X—Pm. 5-V Notary Public In and d for said State. t) M'2 WOLOTTS. MC. I I . . . .": , ..:.. �" ►ou State of California, SS. County of Los Angeles t Onthis__20�thdayof April the Ysar 1991 , before me a Notary of Public personally appeared T. T Nn A n- MATS , personally known to me (os proved to. me on the basis of satisfactory evidence) to be the person whose name is subscribed to this Instrument as the Attorney of The Continental Insurance Company and, acknowledged to me that The Continental Insurance Company executed the Instrument. OFFICIAL SEAL ELIZABETH GIBBONS NOTARY PUDOC.CALWORNIA LOS ANGELES COUNTY MY COMM. EXP. MAY 31, 1991 I rV Public in anti for said County The Antinental Insurance CoAany 180 Maiden Lane, New York, New York 10038 GENERAL POWER OF ATTORNEY Know all men by these Presents, That THE CONTINENTAL INSURANCE COMPANY has made, constituted and appointed, and by these presents does make, constitute and appoint Linda D. Coats of Pasadena, California its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts of suretyship to be given to All Obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of Ten Million ($10,000,000) Dollars This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 1st day of November, 1977: "RESOLVED, that the Chairman of the Board, the Vice Chairman tithe Board, the President, an Executive Vice Resident or a Senior Vice President or a Vice President of the Company, be, and that each or any of them a, authorized to execute Powers o(Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company, bonds, undertakings and all contracts of suretyship: and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of them hereby authorized to attest the execution of arty such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearingsuch facsimile signatures or facsimile mat shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undenaking or contract of suretyship to which 0 is attached:' In Witness Whereof, THE CONTINENTAL INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 1st day of May, 1985. Attest: .. Robert W. Adler, Sr., Assistant We President �•-- STATE OF NEW YORK COUNTY OF NEW YORK THE CONTINENTAL INSURANCE COMPANY By Michael 1. Beesnaen, Vice President On this 1st day of May, 1985, before me personally came Michael J. Beernaert, to me known, who being by me duly sworn, did depose and say that he is a Vice President of THE CONTINENTAL INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. :roauc; •...-; ETHEL TARAN70 •'� NOTARY PUBLIC. State of New• York No. 24-4663117 Qual. in Kimn County CERTIFICATE Com'nnuon Expves March )O, 198b I, the undersigned, an Assistant Vice President of THE CONTINENTAL INSURANCE COMPANY, a New Hampshire corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed at the City of New York, in the State of New York. Dated the 30th day of April ,19 91 . `�•'i Iamn M. Keane. AsuNann Vice RuudeM 0 • Page 10 Executed In Four Counterparts FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That BOND NO. 131 71 71 PREMIUM: $663.00 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted April 22, lggl has awarded to NohPCt Tncnrnnratpd hereinafter designated as the "Principal ", a contract for Mariners Mile Parking Lot and Access Road C -2824 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, NOBEST INCORPORATED as Principal, and THE CONTINENTAL INSURANCE COMPANY as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of Forty four Thousand One Hundred Eighty -five and 90/100 Dollars ($ 44,185.90 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 S 0 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 30th day of April 19 91 Nobest Incor orated (Seal) Name of Contractor Principal THE CONTINENTAL INSURANCE COMPANY . -:- (Seal),, Name of Surety P. 0. Box 2263 Brea, California 92622 -2263 ddress of Surety BY Signature and Title of Authorized Agent LINDA D. COATS, Attorney -In -Fact Corroon &.Black Insurance Services, Inc. 70 S. Lake Ave., Pasadena, CA. 91101 Address of Agent 818)796 -3888 Telephone No of Agent • 0 STATE OF CALIFORNIA ,COUNTY Of ORANGE as. `:.. On this 7 day of FIAY In the year belore me, the undersigned, a Notary Public M and for said State, personally appeared OFFICIAL. SEAL DAVID E. PpOIE 10, NOTMY VUBOC- CA60RNN ORANGE COUNry Ny Comm. Mokes"14.1993 a ACKWKEDOMENT— c"Weim —Wdnp2 FM 22MA-x —en. 5.e2 9)1927 wOLOOM. ON:, LARRY N D AN personally known to for proved to me on the basis of satisfactory evidence) to be the person who executed the ' within Instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed N. ". WITNESS my hand and officla seal. Notary Public In and for said State. il State of California, , SS. County of Los Angeles On this 30th day of April � in the year 1991 , before me a Notary of Public personally appeared T.TNnA n- CQATC , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney of The Continental Insurance Company and, acknowledged to me that The Continental Insurance Company executed the instrument. M. OFFICIAL SEAL ELIZABETH GIBBONS NOTARY PU6LiGOi!.IFORNIA LGS ANGELES COUNTY MY COMM. EXP. MAY , 1991 Public in and for said County The Antinentaf Insurance CoRpany 180 Maiden Lane, New York, New York 10038 GENERAL POWER OF ATTORNEY Know all men by these Presents, That THE CONTINENTAL INSURANCE COMPANY has made, constituted and appointed, and by these presents does make, constitute and appoint Linda D. Coats of Pasadena, California its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts of suretyship to be given to All Obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of Ten Million ($10,000,000) Dollars This PowerofAtiomey is granted and is signed and sealed by facsimile under and by the authorityof the following Resolution adopted by the Board of Directors of the Company on the 1st day of November, 1977: - RESOLVED, that the Chakrnart o( the Board the Vim ChaLmanof the Bwld.Use Resident, an ExecNive Vice President ors Sinior Vke Ptesidem cra We tiesidem of the Conpmy. be.a nddweachmmyo fthemis.&AhmixdbmmutePaen ofAuoneygmWyin "moneynmudtothepven Powero(AnorneybencuwnbehaUafine Caeoany. boncls, radertAmwand am caeramof suerystim and them Assistant Vice President, a Secretary arm Assuan Seeeury be. and Nut each aranyof them hereby is. amhaittd to attest the woomon of any such Pawerof Mornay, and to attach dwelo use seat of the Compury. FURTHER RESOLVED. "the sWuhaes of such officals and the Mal of the Comparry maybe at<aed to arrysuch Power itAnomey ce to any cewficate retatinB thereto by facsimRe.andarywche w ofAnomwwcendiicuebearftuchfaoWWesigrhanaeswb aimieseals hatibevaWwWbindr4upontheeonwmwhenwa ffued&Wmduhmae wiMeesPect b any bond, undendlin8ar wrMfaa of naetystW bwhich i i attuthed' In Witness Whereof, THE CONTINENTAL INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 1st day of May, 1985. Attest: ltabert W. Adler, Sr-AtsWanviceflesidaR �• STATE OF NEW YORK 0861 COUNTY OF NEW YORK THE CONTINENTAL INSURANCE COMPANY By �Wa Y. O � MhJud L Beerroen, wa Residem On this 1st day of May, 1985, before me personally came Michael 1. Beemaert, tome known, who being by me duly swam, did depose and say that he is a Vice President of THE CONTINENTAL INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. yj "NOIN�t,�O g ;t punk;; '.``• —: •n MEL TARANTO NOTARY PUBLIC. Staleof New York No. 2 i 1662117 Qua1, n WO Coumy CH T-l" ' F COnae "nn E'prre` 6W`h )o• 1ve6 1, the undersigned, an Assistant Vice President of THE CONTINENTAL INSURANCE COMPANY, a New Hampshire corporation. DO HEREBYCERTIFY that the foregoingand attached Powerof Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed at the City of New York, in the State of New York. Dated the 30th day of April '1991 := tamas"'.see.ASaiWRYcslhesrdem �G . . ..... ISSUE DATE (KWDD/YY) a.... .... . . ..... -MAY-1991 . . . . . . . . . . . . . . . . . . . . . . dorroon & Black Insurance Services 1816 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, 70 South Lake Avenue EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Pasadena CA 91101 (818) 796-3888 COMPANIES AFFORDING COVERAGE COMPANY The AETNA Casualty & Surety Company CODE SM.CODN LETTER A Contact : Mercedes T. Cedilla COMPANY INSURED LETTER B NOBEST, Inc. COMPANY Post Office Box 874 LETTER C Westminster CA 92684 COMPANY LETTER D COMPANY LETTER E ' IM, THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 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 POLICIES. LIMITS SHOWN MAY HAVE BEEN RE_ DUCED BY PAID CLAIMS. DO TYPE OF INSURANCE POLICY MUMMER POLICY EFFECTIVE POLICYEXPIRATIO ALL LIMITS IN THOUSANDS LT1 ( DAT9(MM/DD/YY) DATE MM/DD/YY)i ORNERAILLIASILITY GENERAL AGGREGATE 4 2000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE $ 2000 -'s :CLAIMS MADE E� OCCUR PERSONAL & ADVERTISING INJURY $ 1000 — • X OWNERS & cONTRAcTORs PROT. 083CO20473352CCA 03-AUG-199003-AUG-1991 EACH OCCURRENCE S 1000 FIRE DAMAGE (Any we flee) $ 100 MEDICAL EXPENSE (Any we Person) IT 5 AUTOMOBILE LIABILITY COMBINED SINGLE IT 1000 X ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per Person) • X HIRED AUTOS 083FJ0020473398CCA 03- AUG - 199003- AUG -1991 SOD"-Y INJURY X N014-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE EXCESS LIABILITY LA A A: OCCURRENCE $ OTHER THAN UMBRELLA FORM STATUTORY WORKER'S CONDENSATION AND IT (EACH ACCIDENT) (DISEASE-POLICY LIMIT) (DISEASE-EACH EMPLOYEE) ) OTHER DESCRIPTION OF OPEPIATIONMOCATgNWVKHICLI!SMZW IQXIDImSPECIAL ITEMS Mariners Mile Parking Lot and Access Road Contract No. C-2824. See Attached Endorsement. . . . .... �E .... .. .. . . wMkw, IW-1,1.-�i'-, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE :**:EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL I.-MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. City of Newport Beach 3300 Newport Boulevard AUTHORMED RIPRIGENTATI P.O. Box 1768 01 CA 92658-8915 My 011� ;�. ::::: ::::: :::::: , . .. .. . . . . . . . . . . . . . . . 11 . . . . . . . . . . • 013 CITY OF NEWPORT BEACH AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT If 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 jhis 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) leaseo 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." 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 S per person Bodily Injury Liability S _per accident Property Damage Liability S ()o Combined Single Limit Bodily Injury Liability and Property Damage Liability j1,000,000. The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one accident or occurrence in excess of the limits of liability stated in the policy as applicable to Automobile Liability Insurance. 4. Should the policy be non - renewed, cancelled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. Designated Contract: Mariners Mile Parking Lot and Road C -2824 Project tt a and" ntract No. This endorsement is effective 5 /1 / 91 at 12:01 A.M. and forms a part of Policy No. 083FJ00204733901CCA The Aetna Casualty & Surety Co. ompany Affording overage Insured Nobest, Inc-. Endorsement No. TBD Producer Corroon & Black Insurance By l? th rize pres tats J i l Page 14 . / CITY OF NEWPORT BEACH / 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 insureds) 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 1 City of Newport Beach. l4. 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(s) named in Paragraph 1. of this endorsement shall be the limits indicated below written on an "Occurrence" basis: OO Commercial ( ) Comprehensive General Liability S 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 1 date thereof, the Issuing Company shall provide 30 days' advance notice to the City of J Newport Beach by registered mail, Attention: Public Works Department. 7. Designated Contract: Mariners Mile Parkin Lot and Access Road C -2824 roject it le and Contract No.) This endorsement is effective 5/1/91 at 12:01 A.M. and forms a part of Policy No. 083c020473352CC& The Aetna Casualty & Surety Company (Company Affording overage Insured Nobest, Inc. Endorsement No. TBD Producer Corroon & Black Insurance By -- Authorize Represents ve i X , _ �� :111e1:•" CERTIFICAT 01 ,. Correon & Black Insurance Services 21816 - •. N9UEDATE(M1'VW /YY) MNSURANCE 1-MAY-1991 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS 70 South Lake Avenue NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Pasadena CA 91101 - - -- -- COMPANIES AFFORDING COVERAGE (818) 796 -3888 CODE SUS -CODE Contact : Mercedes T. Cedillo COMPANY The AETNA Casualty & Surety Company LETTER A — ------- - - -- -- ---- - - - - -- COMPANY LETTER B !HOMED -------- NOBEST, Inc. Post Office Box 874 COMPANY LETTER C COMPANY LETTER D Westminster CA 92684 COMPANY I. F.TTFP E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 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 POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 00 LTN TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE OATE(M.1 /DD /YY) POLICY EXPIATION DATE(MM /DD /YY) ALL LIMITS IN THOUSANDS GENERAL LIASLIIY GENERAL AGGREGATE $ 2000 PROOUCTS- OOMP /OPS AGGREGATE S 2000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 51 OCCUR PERSONAL s ADVERTISING RLNRY S 7000 EACH OCCURRENCE f 1000 A X OWNERS & CONTRACTORS PROT. 083CO20473352CCA 03— AUG- 199003 —AUG -1991 FIRE DAMAGE (My we fire) — — f - -- 100 MEDICAL EXPENSE (My one parson) f 5 AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ 1000 .. ! ................... X _... ALL OWNED AUTOS BODILY NJURY S SCHEDULED AUTOS (Per parson) A HIRED AUTOS 083FJ0020473398CCA 03 —AUG- 199003 —AUG -1991 X BODILY IKIURY S X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE S GARAGE LIABILITY EXCESS LIASLITY A OCCURRENCE AGGREGATE f S OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY f (EACH ACCIDENT) AND S (DISEASE-POLICY LIMIT) EMPLOYERS' LIABILITY f - -- - - - - -' - (DISEASE-EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONSILOCATIONWVEHICLE SI nMEXMDWSPECIAL ITEMS Mariners Mile Parking Lot and Access Road Contract No. C -2824. See Additional Insured Endorsement CG 20101185. CERTIF'1CATemUL6ER ... .. ,.. ,. .. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 32 r. EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL XXM:I WViORi( Il'+ +MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, RIYRIFXK" KXXX) P* JRXiMSNXJ (XNRH7BEMQYXErR ®i[Wa)OBU011 l000 City of Newport Beach ` RX9BpXXXID7FNIN6' lOtpp@ X) PglXR716( QIDX4pXJlp( p7[ R )NOFXiixX)A(R1SARp61EIW[X)<IgES 3300 Newport Boulevard P.O. Box 1768 AUTHORUSO REPRESENTATIVE Newport Beach CA 92658-8915 Acanu xx tae�Rctnt!vnAr gee ..� POLICY NUMBER: 083CO23352CA • COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. Name of Person or Organization: City of Newport Beach 3300.Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658 -8915 SCHEDULE Mariners Mile Parking Lot and Access Road Contract No. C -2824 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. MARK L. OWEN CG 20 10 1185 Copyright. Insurance Services Office. Inc.. 1984 STATE COMPENSATION INSURANCE FUND MAY 6, 1991 i 0 P.O. BOX 807, SAN FRANCISCO, CA 94101-0807 i ^I . CERTIFICATE OF WO S' COMPENSATION INSURANCE POLICY NUMBER CERTIFICATE EXPIRES r CITY OF NEWPORT BEACH BUILDING & SAFETY DEPARTMENT P.O. BOX 1768 NEWPORT BEACH, CALIFORNIA 92663 L 440 -90 UNIT 14826 10/01/91 JOB: ALL OPERATIONS This is to certify that we have issued a valid Workers' Comtation insurance policy4- ti°8'fixm approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon iN days' advance written notice to the employer. We will also give yotf & days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does noiWnend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate 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. y PRESIDENT ENDORSEMENT X12065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10/01/90 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER r NOBEST, INC. 7600 ACACIA GARDEN GROVE, CALIFORNIA 92641 L A SCIF 10262 (REV. 10-86) OLD 26 0 0 Page 15 CONTRACT THIS AGREEMENT, entered into this 22 day of April 19 91 , by and between the CITY OF NEWPORT BEACH, hereinafter "City,'and — Nobest, Incorporated hereinafter "Contractor, "is mare with reference to the following facts: (a) City has heretofore advertised for bids for the following described public work: Mariners Mile Parkin Lot and Title of Project C -2824 --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: Mariners Mile Parking Lot and Access Road C -2824 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 Forty four This compensation includes 11) 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) i i a is 0 (f) Plans and Special Provisions for Mariners Mile Parkin4 Lot and Access Rod (g) This Contract. t No. 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 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 Mayo ATTEST_ CITY Signat re and Title and, T easurer Signature and Title 0 0 f w ' - � �v vc ma•cx t, STATE OF CALIFORNIA COUNTY OF ORANGE OFFICIAL SEAL DAVID E. POOLE m NOTARY %1BLIC�CALIFgtNU ORANGE COUNTY IF MY Carom. Enm M" 1A, 1993 AckxOf1aE00MFNT— Cwplr/bs— ENkgle FM 822CA-x —TW. 5-82 9)982 WOMOETS. Mc. �ss. K:..., I On this 7 day of MAY In the year 19 before me, the undersigned, a Notary Public In and for said State, personally appeared LARRY NODLAND personally known to me.; (or proved to me on the basis of satisfactory evidence) to be the person who executed the within Instrument on behalf of the Corporation therein named, and acknowledged to me that , the Corporation executed It. ". WITNESS my hand and otf Iai seal. Notary Public in and for said State. f., it i • SPECIAL PROVISIONS • FOR MARINERS MILE PARKING LOT AND ACCESS ROAD CONTRACT NO. 2824 INDEX I. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . 1 II. COMPLETION, SCHEDULE AND PROSECUTION OF WORK . . . . 1 III. CLASSIFICATION OF CONTRACTOR'S LICENSE . . . . . . . 2 IV. PAYMENT. . . . . . . . . . . . . . . . 2 V. UTILITIES . . . . . . . . . . . . . . . . . . . . . . 2 A. General . . . . . . . . . . . . . . . . . . . . . 2 B. Water . . . . . . . . . . . . . . . . . . . . . . 3 VI. PUBLIC CONVENIENCE AND SAFETY. . . . . . . . . . . . 3 A. Traffic Control Plans. . . . . . . . . . . . . 3 B. "NO PARKING, TOW - AWAY" Signs . . . . . . . . . . 3 C. Notification to Residents. . . . . . . . . . . . 4 D. Right -of -Entry . . . . . . . . . . . . . . . . . 4 E. Working Hours . . . . . . . . . . . . . . . . . . 5 VII. GENERAL REQUIREMENTS AND SPECIFICATIONS. . . . . . . 5 A. Guarantee. . . . . . . . . . . . . . . . . . 5 B. Permits and Inspection . . . . . . . . 5 C. Manufacturer's Specifications and Instructions . 5 D. Sound Control Requirements . . . . . . . . . . . 6 E. Work by City Forces . . . . . . . . . . . . . . . 6 F. Insurance . . . . . . . . . . . . . . . . . . 7 G. As -Built Drawings . . . . . . . . . . . . . . . . 8 H. Construction Staging Area. . . . . . . .. . . . . 8 VIII. CONSTRUCTION SURVEY AND INSPECTIONS. . . . . . . . . 9 A. Construction Survey Staking. . . . . . . . . . . 9 B. Laboratory Testing . . . . . . . . . . . . . . . 9 IX. CONSTRUCTION DETAILS . . . . . . . . . . . . . . . . 9 A. Removals . . . . . . . . . . . . . . . . . . . 9 B. Construction . . . . . . . . . . . . . . . .10 C. Asphalt Concrete . . . . . . . . . . . . . . . .11 D. Portland Cement . . . . . . . . . . . . . . . . .11 E. Payment . . . . . . . . . . . . . . . . . . . . .12 X. STREET LIGHTING AND ELECTRICAL . . . . . . . . . .12 A. Underground Utilities. . . . . . . . . . . .12 B. Applicable Codes and Standards . . . . . . . . .13 C. Variations from the Standard Plans . . . . . . .13 D. Electrical Products . . . . . . . . . . . . . . .13 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 SPECIAL PROVISIONS FOR MARINERS MILE PARKING LOT AND ACCESS ROAD CONTRACT NO. 2824 I. SCOPE OF WORK 1 of 13 The Contractor shall furnish all labor, equipment and materials, including the performance of incidental work for the construction and completion of the work indicated in the Contract Documents including, but not limited to: demolition and removal of existing street improvements, construction of curb and gutter, sidewalks, roadway pavement, relocating and installing street lighting and all other items not mentioned but required to complete this contract. All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions; (2) the Project Plans; (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1988 Edition); (4) the (1988 Edition, including Supplements) ; and the most recent editions of the Uniform Building Code and the National Electric Code, as the same may apply (which specifications are herein referred to as the Standard Specifications) and in accordance with the following Special Provisions and Specifications. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department for Five Dollars ($5.00). Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, telephone (213) 202 -7775. II. COMPLETION, SCHEDULE AND PROSECUTION OF WORK No work shall begin until a schedule of work and a traffic control plan, prepared by the Contractor, have been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five (5) working days prior to commencing any work. The following requirements shall be incorporated into the schedule: A. All work under this contact shall be completed within (30) consecutive calendar days from the day of commencement of work set by the City. SP 2 of 13 B. Saturdays, Sundays, and legal holidays are not considered working days for the purposes of this section. No work shall be performed within the entire week before Easter (April 6 -14, 1991). All access shall be restored during this week. C. The access drive to the municipal parking lot shall be open to traffic (minimum of one twelve foot lane) at all times. III. CLASSIFICATION OF CONTRACTOR'S LICENSE At the time of award the Contractor shall possess a General Engineering Contractor A license or Specialty Earthwork and Paving Contractor C -12 license. IV. PAYMENT The unit or lump sum price bid for each item of work shown on the proposal shall be considered as full compensation for labor, equipment, materials and all other things necessary to complete the work in place, and no additional allowance will be made therefor. Payment for incidental items of work not separately provided for in the proposal (e.g., sawcutting, protecting property corners, preparing subgrade, etc.) shall be included in the unit prices bid for items of work. The substitution of securities for any payment withheld in accordance with Section 9 -3.2 of the Standard specifications is permitted Pursuant to government code sections 4590 and 14402 -5. V. UTILITIES A. General The Engineer has attempted to locate and show on the Plans the approximate locations of all public and private utilities, facilities, and substructures to be encountered during construction. The Contractor shall determine for himself the exact location of all public and private utilities, facilities or substructures which may be inadvertently omitted and not shown on the Plans. In the event any utility facility or substructure is disturbed or damaged, whether in its original or relocated position, the Contractor shall immediately cause repairs to be made to the satisfaction of the owner and at no cost to the City. SP 3 of 13 The Contractor shall provide temporary supports for all existing underground facilities as required to prevent any damage to them and shall cooperate with owners of such facilities for the installation of permanent supports. B. Water If the Contractor elects to shall arrange for a meter ar deposit with the City. Upon good condition to the City, returned to Contractor, less water usage. VI. PUBLIC CONVENIENCE AND SAFETY use City's water, he ,d tender a $500 meter return of the meter in the deposit will be a quantity charge for The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications except as modified herein, and with the standards contained in the Work Area Traffic Control Handbook (Watch), also published by Building News, Inc. The Contractor shall submit a written traffic control plan to the Engineer and obtain his approval a minimum of five (5) working days prior to commencing any work. A. The traffic control plans shall incorporate the following: 1. The location and wording of all signs, barricades, delineators, lights, warning devices, temporary parking restrictions, and any other details required to assure that all traffic will be handled in a safe and efficient manner with a minimum of inconvenience to the motorists. 2. Reopening of all traffic lanes upon completion of each day's work (see Section II.). In addition, emergency vehicle access shall be maintained at all times. B. "NO PARKING. TOW- AWAY" Signs Where any restrictions mentioned necessitate temporary prohibition of parking during construction, the Contractor shall furnish, install, and maintain in place "NO PARKING, TOW - AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at • SP 4 of 13 least forty (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 of enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12 inches wide and 18 inches high; and (3) be similar in design and color to Sign No. R -38 of the Caltrans Uniform Sign Chart. The Contractor shall print the hours, days and date of closure in 2- inch -high letters and numbers. A sample of the completed sign shall be approved by the Engineer prior to posting. The Contractor shall only post streets with the time and dates that disrupts parking and access. Errors in posting "NO PARKING, TOW- AWAY" signs, false starts, acts of God, strikes, or other alterations of the schedule will require that the Contractor repost the "NO PARKING, TOW- AWAY" signs. C. Notification to Residents Between 48 and 55 hours before closing access to any section of private parking, 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 times at the time he distributes the notices. Errors in distribution of notices, false starts, acts of God, strikes or other alterations of the schedule will require that the Contractor redistribute notices to residents. D. Right -of -Entry To and Protection of Adjacent Premises When use of adjacent properties is necessary for accomplishing the work, it shall be the obligation of the Contractor to make arrangements with the City and the owner of such properties for such use. Otherwise, the Contractor shall avoid any encroachment on adjacent properties. The contractor shall repair and make good any • SP 5 of 13 damage to adjoining properties or improvements caused by his men or by equipment, including any damage or loss to adjoining tenant or property owners, whether to buildings, paving and landscaping, stocks of merchandise, or trade fixtures. E. Workina Hours City ordinance limits working hours (including equipment maintenance) to Monday through Friday from 7:00 A.M. to 6:30 P.M. and Saturday from 8:00 A.M. to 6:00 P.M. VII. GENERAL REQUIREMENTS AND SPECIFICATIONS RELATED TO PROJECT A. Guarantee The Contractor shall be responsible for and shall repair all defects due to faulty labor or materials which may arise or be discovered within a period of one (1) year after the completion and acceptance of the work. B. Permits and Inspection The Contractor shall secure all necessary permits. The City will pay plan check and permit fees. The Contractor shall.be required to request inspections as specified by the City. Any installation performed without the required inspection shall be reinstalled at the discretion of the Inspector at no additional cost to the owner. C. Manufacturer's Specifications and Instructions Unless otherwise noted, all manufactured materials, products, processes, equipment or the like shall be installed or applied in accordance with manufacturer's instructions, directions or specifications. Said application or instructions shall be in strict accordance with printed instructions furnished by the manufacturer similar to those at the job site. Two copies of such instructions shall be furnished to the Engineer and his approval thereof obtained before work is begun. Any deviation from the manufacturer's printed recommendations shall be explained and acknowledged as correct for the circumstances, in writing by the particular manufacturer. Contractor will be held responsible for all 0 SP 6 of 13 installations contrary to the manufacturer's recommendations. If any item of equipment or material is found to be installed not in accordance with the manufacturer's recommendations. Contractor shall make all changes necessary to achieve such compliance at no cost to the City. D. Sound Control Requirements The Contractor shall comply with all local sound control and noise level rules, and regulations and ordinances which apply to any work performed pursuant to the contract. Each internal combustion engine, used for any purpose on the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler. The noise level from the Contractor's operations, between the hours of 9:00 A.M. and 4:30 P.M. shall not exceed 87 dBA at a distance of 50 feet. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level. Said noise level requirements shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. E. Work by City Forces Because of Nonconformance by Contractor Should the contractor fail to correct deficiencies or public nuisances that have been created because of this operation, then these deficiencies will be considered to be an emergency nature and cause for the City to move in on the project to make corrective F. • SP 7 of 13 work. The cost of such work performed by the City shall be deducted from the contract price. Insurance 1. Liability Insurance The word "agency" in Subsection 7 -3 of the General Provisions of the Standard Specifications shall mean "the City of Newport Beach ". a. Special Endorsement A standard "Special Endorsement of Insurance for Contract Work for City" form has been adopted by the City. The form is to be attached and made a part of all policies of insurance acceptable to the City. The successful low bidder will be required to complete this form upon award of the Contract. b. Limits The liability Section 7 -3 Provisions Specification: provide the limits: insurance coverage in of the General of the Standard is hereby amended to following minimum Bodily Injury $ 500,000 each person 1,000,000 each occurrence 1,000,000 aggregate products and completed operations Property Damage $ 500,000 each occurrence 1,000,000 aggregate Combined A combined single limit policy with aggregate limits in the amount of $2,000,000 will be considered equivalent to the required minimum limits. • SP 8 of 13 2. Worker's Compensation Insurance In addition to the requirement specified in Subsection 7 -4 "Workers' Compensation Insurance," of the Standard Specifications, the Contractor shall provide an endorsement to the certificate of insurance on the forms provided waiving any right of subrogation it may acquire against the City of Newport Beach, it's officers and employees by reason of any payment on account of injury including death resulting therefrom sustained by any employee of the insured. G. As -Built Drawings The Contractor shall maintain "as- built" drawings of all work and subcontracts, continuously as the job progresses. A separate set of prints for this purpose only; shall be kept at the job site at all times. It shall be required that these drawings be up -to -date and so certified by the City's Inspector at the time each progress bill is submitted. During the course of construction, actual locations to scale shall be identified in ink on the drawings for all runs of electrical work, including all site utilities, etc., installed underground, or otherwise concealed. Deviations from the drawings shall be shown in detail. All runs, whether piping, conduit, duct work, drain lines, etc., shall be located in addition, by dimension and elevation. Where the Project drawings are not of sufficient size and detail, Contractor shall furnish his own drawings for incorporation of details and dimensions. The final set of "as- built" drawings shall be signed and dated by the City's Inspector and the Contractor and delivered to the Engineer prior to acceptance of the project. H. Construction Staging Area It shall be the responsibility of the Contractor to coordinate with the City the area or areas to be used for construction parking and material storage. The Contractor shall be responsible for securing the site to protect his property from vandalism and loss and to protect the public from possible injury. The site may also be used for employee parking if space is available. SP 9 of 13 VIII. CONSTRUCTION SURVEY AND INSPECTIONS A. Construction Survey Staking Field staking for control of construction will be provided by the Contractor. During construction, copies of all survey field notes shall be given to Field Inspector. Limits of removal are field - identified by orange paint marks. Existing property corners and survey ties adjacent to removals shall be protected and maintained. In situations where property corners or survey ties interfere with the work, the Contractor shall notify the Engineer a minimum of two .(2) working days prior to removal so that the Engineer can survey and reset property corners and survey ties. Payment for construction survey staking shall be included in the various items of work. B. Laboratory Testing The City shall select the testing laboratory and pay for all testing as specified in the various sections of the Specifications. When, in the opinion of the Engineer, additional tests or inspections are required because of the manner in which Contractor executed his work, such tests and inspections will be paid for by the Contractor. some examples of such tests and inspections will be paid for by the Contractor. some examples of such tests and inspections are: Tests of materials substituted for previously accepted materials. Retests made necessary by the failure of materials to comply with the requirements of the Specifications. Tests required because of the lack of necessary identification of materials (mill tests, manufacturers' certifications, etc.). IB. CONSTRUCTION DETAILS A. Removals 1. General All materials removed by the contractor shall be disposed of off -site. The roadway and adjacent areas shall be left with a neat and finished appearance. Materials shall be removed from the project site at the end of each work day. Final removals by hardblow pavement breakers and stompers will not be allowed. SP 10 of 13 The Contractor shall sawcut (minimum 2" deep cut) out all asphalt and concrete removals as marked on Plans or instructed by the Inspector. Waste water from any sawcut operations shall not be allowed to enter the storm drain system. Payment for any sawcutting shall be included within the contract unit price for related work and no additional compensation will be allowed therefore. Cold Milling Existing Pavement The Contractor shall cold mill a 18- inch -wide minimum wedge along existing edges of PCC gutters as dimensioned and designated on the plans. In addition, the Contractor shall cold plane 18- inch -wide wedges along existing edge of PCC cross gutters. The cold milling shall be 0.1 foot deep at the gutter edge and taper out to 0.0 feet deep, 18- inches away from gutter edge. During the cold plane operation, the Contractor shall sweep the street with mechanical equipment and remove all loosened material from planed areas. The Contractor shall abate dust nuisance by cleaning, sweeping and sprinkling with water or other means as necessary. B. Construction 1. Unclassified Excavation Shall include excavating, removing, hauling and disposal of all material to the sub -grade elevations indicated on the plans as required to construct the new roadway and sidewalk improvements. Unclassified excavation shall be done in accordance with Section 300 -2 of the Standard Specifications. Payment for any excavation shall be included in the price of related work. 2. Excavations for Trenches Cost of excavation and backfill of trenches shall be included in the bid item for which trenches are required, i.e., electrical. Dig trenches to the uniform width required for particular item to be installed, sufficiently SP 11 of 13 wide to provide ample working room. Excavate trenches to depth indicated or required. Carry depth of trenches for piping to establish indicated flow lines and invert elevation. C. Asphalt Concrete Prior to placing the A.C. pavement section or overlay, a tack coat of Type AR 4000 or SS -lh asphaltic emulsion at a rate not to exceed one - tenth (1 /10) of a gallon per square yard shall be uniformly applied to existing AC, and to portland cement concrete edges against which asphalt concrete is to be placed. The surface shall be free of all loose material or dust when the tack coat is applied. The work shall be done in accordance with Section 302 -5 and 400 -4 of the Standard Specifications, except as modified and supplemented below: 1. The surface shall be free of all dirt, debris, water, and vegetation prior to overlay. 2. The Contractor shall apply tack coat to existing pavement prior to all AC work. 3. The asphalt concrete finish course shall be III -D -AR -4000. The Contractor shall feather a minimum of five (5) feet when joining existing pavement. 4. The asphalt concrete base course reconstruction shall be with Type III -B -AR- 4000. D. Portland Cement 1. Concrete Curb, Gutters. Sidewalks and Driveways: Joint and Sealant The Contractor shall construct control joints as recommended by the Portland Cement Association (PCA). Maximum control join spacing shall be 15' O.C. Jointing shall be done in accordance to the Standard Specifications and Section 303 -5.4 Joints ". E • • SP 12 of 13 2. Portland Cement Concrete Portland cement concrete shall meet the requirements of Section 201 -1 and 400 -3 of the Standard Specifications. All concrete used on the project shall be 560 - C -3250. Fly ash substitutes and /or admixtures will not be permitted. The Contractor shall adjust to finished grade all sewer manholes, sewer cleanouts, water valve covers, storm drain manholes, and survey monuments. Utility adjustments shall conform to City of Newport Beach Standard Drawing No. Std.- 111 -L, Std. -116 -L and Std.- 511 -L. All water valves, sewer cleanouts, survey monument and manhole frames and covers damaged during removal, handling or adjustment operations shall be replaced by the Contractor at his sole expense. Payment The Contract Unit Prices per square foot for P.C.C. Pavement shall be inclusive of the cost of construction pavement of the thickness indicated, provision of joints, sealant, and all additives, equipment, labor and materials. Payment for curb, gutter, driveway and approaches, gutters and sidewalk shall be per contract unit price. Payment for any additional work or treatment such as jointing and joint sealing and waterproofing, etc., shall be included in the unit bid price of related items. Curb and gutter and gutter transition shall be paid for at the unit price of the highest curb face along the transition section. Payment for handicap access ramp shall be included in the unit price for sidewalk. S. STREET LIGHTING AND ELECTRICAL A. Underground Utilities Prior to doing any work adjacent to the existing street lighting conduit, the street lights shall de- energized by the City Utilities Department. Contact Herb Wollerman at 644 -3011. The street lights shall be maintained in working order and re- energized at the end of each working day. SP 13 of 13 B. Applicable Codes and Standards 1. City of Newport Beach Standard Plans (herein referred to as "N.B. Standard "). 2. 1988 Standard Specifications for Public Works Construction (herein referred to as "Std. Specs. "). 3. 1989 Standard Plans for Public Works Construction (herein referred to as "Std. Plans "). 4. 1990 National Electrical Code (herein referred to as "NEC "). C. Variations from the Standard Plans 1. Articles 209 -2.3 and 207.2.5 shall be changed from galvanized steel conduit for underground installation to rigid nonmetallic conduit, per NEC Article 347. Material shall be schedule 40 polyvinyl chloride. D. Electrical Products 1. Ground rods shall be in accordance with the specifications shown on the drawing, instead of Article 307 -2.7, Item 111" of the Std. Specs. f • Oef) i 1r �, u 40 BY THE CITY COUNCIL April 22, 1991 CITY OF NEWPORT BEACH CITY COUNCIL AGENDA APR 2 ?1991 ITEM NO. F-3(a) F -14 BA -038 TO: City Council FROM: Public Works Department SUBJECT: MARINERS MILE PARKING LOT AND ACCESS ROAD (C -2824) RECOMMENDATIONS: 1. Approve a budget transfer of $44,185.90. 2. Award Contract No. 2824 to- Nobest Incorporated of Westminster, California for $44,185.90 and authorize the Mayor and the City Clerk to execute the contract. DISCUSSION: At 11:00 a.m. on April 11, 1991, the City Clerk opened and read the following bids for the project: * Corrected total price is $44,952.58 The low bid is 2.3% under the Engineer's Estimate of $45,218.10. The low bidder, Nobest Incorporated, is a well - qualified general contractor who possesses a Class A contractor's license. Nobest, Inc. has successfully completed City contracts in the past and has performed well. Contract No. 2824 provides for the widening of the Mariners Mile Parking Lot Access Road from 20' to 26' wide and for the construction of a 6' wide sidewalk and additional street lighting along the southerly side of the roadway. Bidder Total Price Low Nobest Incorporated $44,185.90 2 Excalibur Contracting $44,349.50 3 Sully- Miller Contracting $44,728.95 4 Damon Construction $44,953.58 5 Clayton Engineering $46,657.95 6 Amtek Construction $48,452.70 7 Excel Paving Company $51,429.37 * Corrected total price is $44,952.58 The low bid is 2.3% under the Engineer's Estimate of $45,218.10. The low bidder, Nobest Incorporated, is a well - qualified general contractor who possesses a Class A contractor's license. Nobest, Inc. has successfully completed City contracts in the past and has performed well. Contract No. 2824 provides for the widening of the Mariners Mile Parking Lot Access Road from 20' to 26' wide and for the construction of a 6' wide sidewalk and additional street lighting along the southerly side of the roadway. I Subject: Mariners Mile Parking Lot and Access Road (C -2824) April 22,. 1991 Page 2 • Funds for award will be transferred from the Street, Alley and Bikeway Resurfacing Account No. 02- 3390 -015 into the Mariner's Mile Parking Lot and Access Road Account. A Budget Amendment to transfer $44,185.90 into the Mariner's Mile Parking Lot and Access Road Account (Account No. 02- 3397 -558) has been prepared for Council consideration. Plans and specifications for the project were prepared by staff. All work is to be completed within 30 days from the date of commencement of work set by the City. Benjamin B/ Public works Director 0 BBN:so 1 1, 1 Ir 11 -_ n w 0 H o z H N 1 I z a a � 1 �R i Q 1 to E z z W O pqa a 0 H a a z 0 a z 0 0 • (3�> March 25, 1991 CITY COUNCIL AGENDA • ITEM NO. F -12 EIY THE CITY COW ,. TO: City Council CITY OF NEWPORT -a FROM: Public Works Department SUBJECT: MARINERS MILE PARKING LOT AND ACCESS ROAD (C-2824) APPROVED RECOMMENDATIONS: Approve the plans and specifications. Affirm Class 3 Exemption from the provisions of the California Environmental Act. Authorize tks aaayg, ..a the ,.;ty G e..,. to adder`: 4n... April 11, • DISCUSSION: This project provides for the widening the Mariners Mile Parking Lot Access Road from 20 to 26 feet wide and for the construction of a 6 foot wide sidewalk and additional street lighting along the southerly side of the roadway (see attached sketch). In order to provide adequate right -of -way for the roadway widening, Mr. John J. Jakosky, .III, the owner of the property located at 2500 West Coast Highway, was required to dedicate a one and one -half (1k) foot wide strip of land across the northerly side of his property for public access purposes and an additional five and one -half (5'k) foot wide strip of land immediately, adjacent to the one and one -half foot (1k) easement, for sidewalk purposes as a condition of Resubdivision No. 926 approved by the City Council on May 29, 1990. In consideration of Mr. Jakosky's agreement to offer portions of his property for dedication, the City entered into an agreement, dated October 2, 1990, in which the City agrees to bear • the entire cost of the proposed roadway improvements. This project is exempt from the provisions of the California Environmental Act under a Class 3 Exemption which allows minor alterations to public facilities. r • • 6 • Subject: Mariners Mile Parking Lot and Access Road (C- 2824). March 25, 1991 Page 2 Plans and specifications for the project have been prepared by staff. The Engineers's Estimate is $45,218.10. Funding will be provided from the Street, Alley and Bikeway Resurfacing Account No. 02- 3390 -015. A budget transfer will be requested upon award of contract when the exact funding amount has been determined. The contract specifies that all work shall be completed within 30 consecutive calendar days from the date of commencement of work set by the City. 91,7 / 2 Y44 Benjamin B. Nolan Public Works Director DH: so Attachment -Jr�, to 0 z ai H ro ri) • I - . . . . . . . . . . . . . . . 1-4 CIO/ I to z E4 M x M 0 z P, H 0 0 Audwkwd to Publish ndveldsonlpi4 Of al kindt kckm*q wAft nodoee by Donee d #a §upalior Cow of aenp ftM Cd inliR Hwl kW4, It 29, 1961. ad I4 MI Jule 11. 19M 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 cleric 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: March 29, 1991 t= 'PWLXNOTWE •'. NOTICE April 2, 1991 INVITING BIDS Sealed bids may be re- ceived, at the ottice of the City Clerk, 3300 Newport Boulevard, P.O. Box t7455, Newport Beach, CA SO. .1745145 unto 44.00 -AM on the I t day of April, 1991 at which time bids will be ' opened and read for: { neer'l Estime it 7ApprdVa*, .0 : the bA. -day., th of March, }991: WAN RAGGIO, CITY CLERK Prospective,6fdders my obtain one. set of bid'decn- ments at n&-cost at try of. declare, under penalty of perjury, that the fice 0f the'.hW Works DepanMtlnC ]600 r+sw M baul9t'sr°d.;Drc'17RII: Ph, foregoing is true and correct. Newport 6 -CA: ,7458." For further information, Fall Dick Hodstatlt at (714) Dick C,, Anri 1_ 2 1 Executed on 199 _ 54ll at Costa Mesa, California S IRENE BIIT, AS. f316TANT CItYER CLERK, -.CITY OF NEWPORT BEACH sA��/rGa/✓�..ci II Published Ormfie Coast % ",�6��L�. --� ai4Q_�Marth 29,::A.pd! Signature PROOF OF PUBUCATION .lip