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C-2862 - Balboa Island Fire Station No. 4
WIUJAMS & MAHEK INC. 1408-E SOUTH R!TCHEY STREET SANTA ANA CA wm Sold CITY OF NEWPORT BEACH To: 3300 NEWPORT -4LVD.1 - NEWPORT BEACH:,_ CA. 92;" ATTN: HORST Due Date.: 09/12/94 Terms....: DUE NOW 9 CIAN V 0 1 C ED 0: Invoice Number: 394652 oice Date: 09/12/94 Page: I Ship BALBOA FIRE STATION To: 124 MARINE AVE. BALBOA, CALIF. P.O. Number...: PER PROPOSAL Salesperson—, LURY Item I.D./Desc. Ordered shipped Unit Price Net SUPPLY & INSTALL 3:;U0 1ip0 EA 1845:0000:- 1845.00 (2) MASTER AIRPHONE UNITS4 (1) DOORB MODULE AND WIRE. REMOVE-SUB- STATIT06-S & PULL IN MULTICONDUdTOR FOR MASTERS. REWIRE ALL STATION6. 'o L 1) PA 0 jq0 I y I Subtotal: Payments: Total ... : 1845.00 0.00 1845.00 August 8, 1994 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 TLS Construction, Inc. 1026 E. 4th Street Santa Ana, CA 92701 (714) 644 -3005 Subject: Surety: Merchants Bonding Company (Mutual) Bond No. CA 701444 Contract No.: C -2862 Project: Balboa Island Fire Station No. 4 The City Council of Newport Beach on July 11, 1994 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 July 21, 1994, Reference No. 94- 0465022. Sincerely, Wanda E. Raggio City Clerk WER:pm cc: Public Works Department 3300 Newport Boulevard, Newport Beach 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk /� `%%U: Recorded i?i Official Records City of Ne4wirt Beach of Grange Cnu,ty, Califiarii.� 3300 Newport Boulevard ry Newport Beach, CA 92663 LeB n. Ft'ar;iii, poi {city Recorw?r page i of i to !' NOTICE OF COMPLETION RECEIVE AN 8 19 ancm NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as owner, and TLS Construction Inc 1026E 4th Street Santa Ana CA 92701 as Contractor, entered into a Contract on September 13, 1993 Said Contract set forth certain improvements, as follows: Balboa Island Fire Station No. 4 - located in the City of Newport Beach, County of Orange at 124 Marine Avenue - (C -2862) Work on said Contract was completed on June 10, 1994 and was found to be acceptable on July 11, 1994 by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Merchants Bonding Company (Mutual), 2425 E. Camelback Rd., Suite 800, Phoenix, AZ 85016. BY Ll, 1�4 PuDiiC Works Direc or City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. �j jJ/ Executed on 1 C�� /:�j 1-92-Y 7- at Newport Beach, Calif6`fnia:' BY city ulerk 17 ,I l THE CT7 CC 2 ;tir• :��_. . CITY OF NEWPC?T OEACH July 1 1 , 199 �£ '.CITY COUNCIL AGENDA s ITEM NO-21--- TO: CITY COUNCIL ` AC'PROVED.M_._ FROM: PUBLIC WORKS DEPARTMENT SUBJECT: ACCEPTANCE OF BALBOA ISLAND FIRE STATION NO. 4 (C -2862) 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 Balboa Island Fire Station #4 has been completed to the satisfaction of the Public Works Department. The lump sum bid price was $660,171.00 Amount of change orders 50,431.28 Total contract cost $710,602.28 A total of twenty -four (24) change orders were issued to complete the project. The majority of the Change orders dealt with architectural modifications and construction modifications to accommodate several building code requirements. Change orders in excess of $1,000.00 were as follows: 1. A change order in the amount of $8,948.76 provided for the modification to the electrical system and substituting a larger washer and dryer. • 2. A change order in the amount of $3,139.33 provided for the addition of louvers to the clock tower and the substitution of the carpet . 3. A change order in the amount of $1,730.77 provided for the installation of a digital clock, the installation of 7 additional telephone outlets and installation of 6 TV antenna outlets. 0 SUBJECT: ACCEPTANCE OF BALBOA ISLAND FIRE STATION NO. 4 (C -2862) July 11, 1994 Page 2 4. A change order in the amount of $3,535.45 provided for the addition of hose bibs in the public restrooms, plumbing modification for washer and dryer, a gas outlet and roof drains. S. A change order in the amount of $2,543.33 provided for the installation of an exhaust system for the diesel generator. 6. A change order in the amount of $2,431.29 provided for the installation of horns and strobe lights, a 220 volt outlet, a time clock and modify certain mechanical equipment from single phase to three phase. 7. A change order in the amount of $6,195.48 provided for the installation of 2 -20 amp and 1 -50 amp ceiling mounted extension cords and reels in the apparatus bay. • 8. A change order in the amount of $4,114.29 provided for changes and additions to the framing of the building. 9. A change order in the amount of $3,678.00 provided for application of a two coat paint system to the outside of the building. 10. A change order in the amount of 51,124.38 provided for the installation of two door and frames in the upstairs hallway. 11. A change order in the amount of S1,284.26 provided for the installation of a tee connection to a 6" water main. 12. A change order in the amount of $2,245.18 provided for the installation of skirt boarding and flooring at stairways, installation of hood over electrical switch gear, concrete stoop in garage and electrical receptacle. • 13. A change order in the amount of $2,357.71 provided for the installation of vandal proof lighting fixtures in public restrooms, modify steel gates and balcony railing, change water heater and additional drywall. 14. A change order in the amount of $1,602.41 provided for the relocation of power control for roll up doors, provide drain to ice maker, provide double sink, and enlarge Christmas tree holder. SUBJECT: ACCEPTANCE OF BALBOA ISLAND FIRE STATION NO. 4 (C -2862) 9 0 SUBJECT: ACCEPTANCE OF BALBOA ISLAND FIRE STATION NO. 4 (C -2862) July 11, 1994 Page 3 • 15. A change order in the amount of $1,061.85 provided for the installation of face frames for second floor doors, and change of plaster screed and milcor. Funds for the project were budgeted in the General fund, Account No. 7012- 98231001. The contractor is TLS Construction, Inc., City of Santa Ana. The contract completion date was May 14, 1994. Due to extra work, the project was not completed until June 10, 1994. f J, a • Benjamin B. Nolan Public Works Director HH:so • CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT [California Civil Code §3262(d)(3)] Upon receipt by the undersigned of a check from WILLIAMS & MAHER payable to in the sum of $ 1,713.22 POWER SYSTEMS ASSOCIATES (Maker of Check) (Amount of Check) (Payee or Payees of Cnecq and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release any mechanic's lien, stop notice, or bond right the undersigned has on the job of CITY OF NEWPORT 'BEACH located at Balboa Island Fire Stat.#4, 124 Marine Ave., Ba��oa, Ca. (Job Description) This release covers the final payment to the undersigned for all labor, services, equipment or material furnished on the job, except for disputed claims for additional work in the amount of $ -0- none owed . Before any recipiegof this document relies on it, the party should verify evidence of payment t e undersigned. Dated: 3�3 POWER E ASSOCIATES o parry Al B olie lA � F.Nefrone , Credi>~Ti'L9tanag �oo000OOOOt =� his form of release complies with the requirements of Civil Code Section 32621d)13). It is not eff ctive until the check that cor1� pq _ m = ^+ ham been properly endorsed, and has cleared the bank. SIDE AS RELEASE FOR INDIVIDUALS PERFORMING LABOR FOR WAGES FINAL PAYMENT —Nn. 1.85 ©1985 WOLCOTTS. INC. 0 • Arm" CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 TO: 1!INANCE DIRECTOR FROM: CITY CLERK DATE: September 13, 1993 SUBJECT: 'Contract No. C -2862 (714) 644 -3005 Description of Contract Effective date of Contract � -/3 -/j Balboa Island Fire Station No. 4 13, 1993 Authorized by Minute Action, approved on August 9, 1993 Contract with TLS Construction, Inc. Address 1026 E. 4th Street Santa Ana, CA 92701 Amount of Contract $660,171.00 "14e2., s Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach • • • f August 9, 1993 CITY COUNCIL AGENDA ITEM NO. % TO: Mayor and Members of the City Council FROM: Public Works Department AUG 9 (};� SUBJECT: BALBOA ISLAND FIRE STATION No. 4 (C -2862) APPROVED J RECOMMENDATION: Award Contract No. 2862 to TLS Construction, Inc. for the total bid price of $ 660,171.00, and authorize the Mayor and the City Clerk to execute the contract. DISCUSSION: At 11:00 A.M. on July 14, 1993 the City Clerk opened and read the following bids for this project: BIDDER Low TLS Construction, Inc. 2. McDaniel Builders, Inc. 3. Western Commercial Construction 4. Clayton Engineering, Inc. 5. Adams /Mallory Const. Co., Inc. 6. AMD Construction Group, Inc. 7. Claremont Construction Inc. 8. Sedcon Engineers, Contractors, Inc. 9. FTR International 10. A. R. Willinger Company, Inc. 11. Irvine Engineering Corp. 12. Southwest Engineering, Inc. TOTAL BID PRICE $ 659,000.00 *(1) 705,000.00 *(2) 724,580.25 736,997.50 740,914.71 *(3) 745,636.00 *(4) 779,983.00 *(5) 856,397.50 873,700.00 878,000.00 *(6) 879,500.00 *(7) 930,875.00 E • Subject: Balboa Island Fire Station No. 4 (C -2862) August 9, 1993 Page 2 * Corrected total bid prices are: (1) $660,171.00 • (2) 705,001.00 (3) 740,706.67 (4) 746,534.00 (5) 779,982.25 (6) 878,500.00 (7) 879,499.75 The low total bid price is 42% below the Engineer's Estimate of $1,130,000 and 6% below the 2nd low bidder's total bid price. The unusually low bids are probably due to an overestimate of construction costs, combined with a very competitive current bidding climate. TLS is a well - qualified general engineering contractor who satisfactorily completed previous contract work for the City while licensed as "Steen Construction Co ". It appears that the low bidder may have omitted naming some subcontractors in his bid documents. Under State law, this means that the Contractor must perform the work with his own forces. This project provides for constructing a 2 story, 4400 sq. ft. facility at Marine Avenue and Park Avenue to replace the • 52 -year old Balboa Island fire station. The contract also includes constructing 2 restrooms accessible to the public from Park Avenue, driveways, sidewalks, curbs, landscaping, walls, and street trees. Funds to award this contract are proposed from the following appropriation: Description Account No. Amount Balboa Is. Fire Station Co. 7012 - 98231001 $660,171.00 Arrangements will be made by the staff to retain the Architect for construction related services at a fee of $6,000, as contemplated by the architectural services agreement. Inasmuch as fire stations are considered "essential services buildings ", State law requires that the City shall provide "special inspection" services for many items of construction. These inspections will be retained by Staff on an • hourly basis. Additionally, Staff will enter into a not -to- exceed $7000 supplemental agreement be entered into with the soils engineer of record, Geotechnical Solutions, Inc. They will provide for onsite observation of grading, foundation inspection, 0 0 Subject: Balboa Island Fire Station No. 4 (C -2862) August 9, 1993 Page 3 • laboratory and field testing for compaction, moisture and density, and other soils tests that may be requested or required, but not known at this time. Plans and specifications for the project were prepared by the architect and Public Works Department personnel. The contract specifies that all work shall be completed between September 7, 1993 and May 13, 1994 plus any authorized extensions due to extra work or inclement weather. Benjamin B. Nolan Timoth Riley Public Works Director Fire ief • LD:so • C -2862 ntGo ract f�, $1.,130,000 Engineer's Estimate i Reproved by the Ci'ty.'Council'. this 14th .day of June 1993.. Wanda E. Raggi. '. City Clerk Prospective bidders may obtain one set of bid documents at.no cost at the office of the Public Works Department, 3300 Newport.Boulevard, P. O. Box :1768, Newport.Beach,.CR,,92659- 1'768. Uoyd.Dalton For further information, call at G444331 L -Oct, all MT.1c EjMR M Sealed bids may be received at.thal.off ice -of the City Clerk, 3300 Newport Boulevard, P. 0. Box 1768; Ner*ort Beach, ch 92659 1768 . until 11:04 a. m. on the 14th day of July ; 1993, at which time such bids 'saM be opened and read for BALBOA.ISLAND FIRE :STAtION NO. 4 C -2862 ntGo ract f�, $1.,130,000 Engineer's Estimate i Reproved by the Ci'ty.'Council'. this 14th .day of June 1993.. Wanda E. Raggi. '. City Clerk Prospective bidders may obtain one set of bid documents at.no cost at the office of the Public Works Department, 3300 Newport.Boulevard, P. O. Box :1768, Newport.Beach,.CR,,92659- 1'768. Uoyd.Dalton For further information, call at G444331 L -Oct, all lu:MMI CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL BALBOA ISLAND FIRE STATION NO. 4 CONTRACT NO. 2862 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, read the Instructions to Bidders, and examined the Plans and Special Provisions; that he hereby proposes to furnish all materials and do all the work required to complete Contract No. 2862 in accordance with the Plans and Special Provisions; and that he will take in full payment therefor the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Construct Fire Stat Onsite Improvements @ Six Hundred Forty Nine 1housand Nine Hundred Forty-Six Dollars and No Cents $649,946.00 Per Lump Sum 2. 325 Remove and Reconstruct Square Drive Approach Feet @ Eight Dollars Dollars and No Cents $ 8.00 $2,600.00 Per Square Foot 9 PR 1.2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 3. 75 Remove and Reconstruct Curb Lin. Ft. @ Twenty Five Dollars and No Cents $ 25.00 $1,875.00 Per Linear Foot 4. 475 Remove and Construct Sidewalk Square Feet @ Five Dollars and Nn Cents $ r,_no $2 ,375_nn Per Square Foot 5. 25 Remove and Reconstruct Square Alley Approach Feet @ Fifteen Dollars and No Cents $ 15.00 $ 375.00 Per Square Foot 6. 3 Install Street Tree Each @One Thousand Dollars and No Cents $1,000.00$3,000.00 Per Each Six Hundred Sixty Thousand One Hundred Dollars Seventy One and No Cents $660,171.00 TOTAL BID PRICE (WORDS) TOTAL BID PRICE (FIGURES) 7/14/93 TLS Construction, Inc. Date Bidder\ 714) 542 -7075 Orri! Ldder's Telephone No. on - Viro B- 1- 648045 V 1026 E. 4th Street, Santa Ana, CA 92701 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: PROPOSAL (Page 1) INSTRUCTIONS TO BIDDERS (Page 2) DESIGNATION OF SUBCONTRACTORS (Page 3) BIDDER'S BOND (Page 4) NON - COLLUSION AFFIDAVIT (Page 5) TECHNICAL ABILITY AND EXPERIENCE REFERENCES (Page 6) 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. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 5/91 0 0 Page 2A 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 insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." All documents shall bear authorized to sign on behalf of signatures shall be of a coi authorized by the corporation. shall be of a general partner. shall be of the owner. signatures and titles of persons the bidder. For corporations, the -porate officer or an individual For partnerships, the signatures For sole ownership, the signature B -1- 648045 Contractor's License No. & Classification TLS Construction, Inc. Bidder 7 -14 -93 Date 5/91 Orrison L. Steen -Vice President 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. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. 1 Subcontract Work Electrical Subcontractor Williams & Marher Address Santa Ana 2 Plumbing Pacific Plub. Santa Ana 3 HVAC Econo Air Norwalk 4. Stucco Lam Plaster Santa Ana 5. Masonry Steve Lynch Anaheim 6. Painting South Coast Paintg. Costa Mesa 7. Sprinklers Data Granada Hills $ Framing Donald Blayney San Dimas 9. lo. 11. 12. 0 TLS Construction, Inc. Bidder Orrison L. Steen, Vice President 5/91 Page 4 - KNOW ALL MEN BY THESE PRESENTS, That we, _TLS CONTRUCTION, INC. as bidder, and MERCHANTS BONDING COMPANY (MUTUAL), as Surety, are held and firmly bound un o the City of Newport Beach, California, in the sum of TEN PERCENT OF THE BID AMOUNT---- - - - - -- Dollars ($ 10V OF BID - - - -- ),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 ISLAND FIRE STATION #4" (Title of Project and Contract N--o—.—)-In the City of Newport Beach, is accepted by the City Council of said City, and it 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) after the date of the mailing Notice of Award to the above bounden bidder by and from said City, then this obligation shall become null and void; otherwise it 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 obligation under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this .. 24TH day of JUNE � 19 93 . 4 TLS CONSTRUCTION, INC. t bidder (Attach Acknow>edgmvnt Of Attorney -In -Fact) Notary Publ c Commission Expires: _ ti 5/91 I o Acknowledgment of Principal i 2'F;CIA.L SEAL. ® , J y('i•,; J_rra:r R HARJU iG Acknowledgment of Surety (Attorney -in- Fact). +:' i 1.0 ,;r rusL+c CAUfoRNIA ' c °i PRINCIPAL OFFICE IN SAN DIEGO COUNTY STATE OF CALIFORNIA i, My Com.Mission Expires 0111bu 22, 1993 County of ORANGE On JUNE 24, 1993 before me, JENNIFER HARJUNG (here insert name and title of the officer), personally appeared MICHAEL A. OUIGLEY f. personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ her /their authorized capacity(ies), an y instrument er /their signature(s) on the insument the person(s), or the entity upon behalf of which the pe n(s) ac e e instrument. WITNESS my hand and offic' seal. Signature �'�" (Seal) 8565 6/27/ip STONG- QUIGLEY INS SERV INC Mer ants Bonding Company (Mutual) POWER OF ATTORNEY Know All Men By These Presents, that the MERCHANTS BONDING COMPANY (Mutual), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by If. feQUIGLEY "JENNIFERtJ01HIST0A<<< >»«< >>X<< of AL ISO VIEJO and State of CA its true and lawful Attorney -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety: >>>ONE MILLION DOLLARS($1,000,000.00)<<< and to bind the MERCHANTS BONDING COMPANY (Mutual) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (Mutual), and all the acts of said Attorney, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of- Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (Mutual). ARTICLE 2, SECTION 8. — The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorney -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and otherwritings obligatory inthe nature thereof. ARTICLE 2, SECTION 9. — The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (Mutual) has caused these presents to be signed by its Vice President and President, and its corporate seal to be hereto affixed, this 15th day of October A.D., 19 92 Attest: MERCHANTS BONDING COMPANY (Mutual) �V`ice President STATE OF IOWA COUNTY OF POLK ss. By Pioi ll'nf - F C. Onthis -5th day of October ,19 92 , before me appeared M.J. Long and Rodney Bliss III, to me personally known, who being by me duly sworn did say that they are Vice President and President respectively of the MERCHANTS BONDING COMPANY (Mutual), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal, at the City of Des Moines, Iowa the day and year first above written. ....• .� a�,G BRty�o•,• • a as 3 : IOWA m se q. '•, V 9RIAV MB96 10.92 Notary Public, Polk County, My Commission Expires 11 -4 -95 STATE OF IOWA COUNTY OF POLK ss. I, M.J. Long, Vice President of the MERCHANTS BONDING COMPANY (Mutual), do hereby certify that the above and foregoing is a true and correct copy of the POWER OF ATTORNEY, executed by said MEf% ",OT*,-�ONDING COMPANY (Mutual), which is still in force and effect. C'4 y In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company, at ALIS0 �'r > '5r this 24TH day of JUNE 19 93 VIEJO This power of attorney expires December 31, 1995. Page 5 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of ORANGE ) , being first duly sworn, deposes and says that he or she is of , 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. I declare under penalty of perjury that the foregoing is true and correct. r 1,7 6/6 T%C'fJ , Bidder 1��/�', Au orized Signature /rftle Subscribed and sworn to before me this 6th day of JULY , 19 93. i .1 [SEAL] N6ta y Pllb 1 OFFICIAL SEAL My' Commission Expires: 5/6/94 *' SUSAN A. BROWN m NOTARY PUBLIC - CA!'rORNIA OWGE COUNTY iMy cmnm. expires MAY 6. 1994 5191 0 0 Page 6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year For Whom Person Completed Performed (Detail) To Contact OF Dllk'k�, Telephone Number - ,L Le )ro Fell _ //' 9 6 C A Bidder uthorized Sign to a /Title 5/91 0 0 Page 7 NOTICE TO SUCCESSFUL BIDDER 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 (Page 8) FAITHFUL PERFORMANCE BOND (Page 9) CERTIFICATE OF INSURANCE (Page 10) GENERAL LIABILITY INSURANCE ENDORSEMENT (Page 11) AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT (Page 12) WORKERS' COMPENSATION INSURANCE CERTIFICATION (Page 13) CONTRACT (Page 14) 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 Works Construction, except as The 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. 5/91 • BOND #CA 701444 PREMIUM INCLUDED ON PCE BOND. Page S 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 August 9, 1993 has awarded to TLS Construction Inc. hereinafter designated as the "Principal", a contract for Balboa Island Fire Station No. 4 (Contract No.2862 ) in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach, and all of which are incorporated herein by this reference; WHEREAS, said Principal has executed or is about to execute Contract No. '3"I' l and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's 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, TLS CONSTRUCTION, INC. as Principal, and MERCHANTS BONDING_ COMPANY (MUTUAL)_ as Surety, are held firmly bound unto the City of Newport Beach, in the sum of *SEE BELOW Dollars ($ 660,171.00 ---- , said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the contract; for which payment well and truly 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 /her 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 Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and 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. *SIX HUNDRED SIM THOUSAND ONE HUNDRED SEVENTY ONE AND NO /100--- - - - - -- 5/91 w Page 8A The bond shall inure to the benefit of any and all persons, companies, and corporations entitled file claims under Section 3181 of the California Civil Code sO fio to give a right to them or their assigns in any suit brought 4.jon this bond, as required by and in accordance with 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 above named Principal and Surety, on the 10TH day of AUGUST , 1993. T1 '; fongtrijr Name of Contractor Principal) MERCHANTS BONDING COMPANY (MUTUAL) Name of Surety n W. A, Vice MICHAEL A. QUIGLEY; sident 2425 E. CAMELBACK ROAD, SUITE 800 PHOENIX, AZ 85016 800 -848 -2663 Address of Surety Telephone - NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 5/91 Acknowledgment of Principal OFFICIAL SEAL EAL i i JENNIFER HAAIUNG ® Acknowledgment of Surety (Attorney-in-Fact 1 = N07AZI IPAL IZE I N:aA P81NC{PAl OFi10E IN SAN DIEGO COUNTY My Commission Expires October 22, 1993 STATE OF CALIFORNIA County of ORANGEea On AUGUST 10, 1993 before me, JENNIFER HARJONG (here insert name and title of the officer), personally appe ared MICHAEL A. QUIGLEY personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument d—aic-Ilnowledged to me that he/she/they executed the same in his/ her /their authorized capacity(ies), and by hi er /their signature(s) on the instrument the person(s), or the entity upon behalf of which the perso s) ac Led the instrument. WITNESS my hand and official al. Signature (Seal) ;� 8,565 6/270 STONG- QUIGLEY INS SERV IIiC Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Men By These Presents, that the MERCHANTS BONDING COMPANY (Mutual), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint >>>MICHAEL A. QUIGLEY* *JENNIFER JOHNSTON<<< >»«< >>X<< Of ALISO VIEJO and State of CA its true and lawful Attorney -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety: >>>ONE MILLION DOLLARS($1,000,000.00)<<< and to bind the MERCHANTS BONDING COMPANY (Mutual) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (Mutual), and all the acts of said Attorney, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of- Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (Mutual). ARTICLE 2, SECTION 8. — The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorney -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Companythereto, bonds and undertakings, recognizances, contractsof indemnity and otherwritingsobligatory in the nature thereof. ARTICLE 2, SECTION 9. — The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (Mutual) has caused these presents to be signed by its Vice President and President, and its corporate seal to be hereto affixed, this 15th day of October A.D., 19 92 Attest: MERCHANTS BONDING COMPANY (Mutual) - By STATE OF IOWA COUNTY OF POLK as On this 15th day of 0ccobe r , 19 92 , before me appeared M.J. Long and Rodney Bliss III, to me personally known, who being by me duly sworn did say that they are Vice President and President respectively of the MERCHANTS BONDING COMPANY (Mutual), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal, at the City of Des Moines, Iowa the day and year first above written. •• . •�,r�.G. BRU3,O'•• 3 : IOWA : m • r4RfAV �'� MB96 10192 Motery Public. Polk County. Iowa My Commission E'naas 11 -4 -95 STATE OF IOWA COUNTY OF POLK as. I, M.J. Long, Vice President of the MERCHANTS BONDING COMPANY (Mutual), do hereby oerti foregoing is a true and correct copy of the POWER OF ATTORNEY, executed by said MFR COMPANY (Mutual), which is still in force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company, atALISO VIF O< this 10TH day of ADGUST - 19 93 4 7 .7 This power of attorney expires December $1, 1995. ., ,1 PC, ,n� • BOND #CA 701444 PREKIUM: $10,100 Page 9 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted August 9, 1993 has awarded to ri c r +. +; T., hereinafter designated as the "Principal", a contract for Ralhna Island Fir Station No. 4 (Contract No. 2862 )in the City of Newport Beach, in strict conformity with the Contract, Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach, all of which are incorporated herein by this reference; WHEREAS, Principal has executed or is about to execute Contract No. 0-2862 and the terms thereof require the furnishing of a bond for the faithful performance of the Contract; NOW, THEREFORE, we, TLS CONSTRUCTION INC. asPrincipal, and MERCHANTS BONDING COMPANY (MUTUAL as Surety, are held firmly bound unto the City of Newport Beach, in the sum of *SEE BELOW Dollars ($ 660,171.00 ) , said sum being equal to 100% of the estimated amount of the contract, to be paid to the City or its certain attorney, its successors, and assigns; for which payment well and truly 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, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well keep truly and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby, and in addition to the fact amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, in the event it is required by bringing any action in law or equity to enforce the obligations of this Bond. Surety, for value received, 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 *SIX HUNDRED SIXTY THOUSAND ONE HUNDRED SEVENTY ONE AND NO/ 5/91 0 Page 9A obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for six (6) months following the date of formal acceptance of the Project by the City. In the event that the principal 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 10TH day of AUGUST , 19 93• TLS Construction, Inc. Name of Contractor (Principal) s JNERGRANTS BONDING COMPANY (MUTUAL) Name of Surety 2425 E. CAME "LACK ROAD, SUITE 800 PROEM%, AZ. 85016 Address of Surety !s i dent MICHAEL A. QUIGLEY, ATTOMEY- IN =R$CT 800 -848 -2663 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 5/91 E] Acknowledgment Principal }� OFFICIAL SEAL y of ® Acknowledgment of Surety (Attorney -in -Fatty JENNIFER HARJUNG ' v L:7, NO(AHY UetIC- CAiIFON.mA ` `' aid (RINCIPAL OFFICE IN .- SAN DIEGO COUNIY •My Commission Expires October 22, 1993 STATE OF CALIFORNIA j •^�'�M�'^^ � *^�� `� ::c•' County of ORANGE sa } On AUGUST 10, 1993 before me, JENNIFER HARJUNG (here insert name and title of the officer), personally appeared MICHAEL A. QUIGLEY personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument knowledged to me that he/she/they executed the same in his/ her /their authorized capacity(ies), at by hi r /their signature(s) on the instrument the person(s), or the entity upon behalf of which the on(s) acted, exeg4ted the instrument. WITNESS my hand and offiKal seal. (Seal) 9565 6/27/. STONG- QUIGLEY INS SERV INC Merc�ants Bonding Company (Mutual) POWER OF ATTORNEY Know All Men By These Presents, that the MERCHANTS BONDING COMPANY (Mutual), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint >>>MICHAEL A. QUIGLEY* *JENNIFER JOHNSTON<<< of AL ISO VIEJO and State of CA its true and lawful Attorney -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety: >>>ONE MILLION DOLLARS($1,000,000.00)<<< and to bind the MERCHANTS BONDING COMPANY (Mutual) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (Mutual), and all the acts of said Attorney, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of- Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (Mutual). ARTICLE 2, SECTION B. — The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorney -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Companythereto, bonds and undertakings, recognizances, contractsof indemnityand otherwritings obligatory in the nature thereof. ARTICLE 2, SECTION 9. — The signature of any authorized officer and the Seal of the Company maybe affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (Mutual) has caused these presents to be signed by its Vice President and President, and its corporate seal to be hereto affixed, this 15th day of October A.D., 19 92 Attest: Vice President STATE OF IOWA COUNTY OF POLK as MERCHANTS BONDING COMPANY (Mutual) By _ - Preelaent Onthis 15th day of October ,19 92 , before me appeared MA Long and Rodney Bliss III, to me personally known, who being by me duly sworn did say that they are Vice President and President respectively of the MERCHANTS BONDING COMPANY (Mutual), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal, at the City of Des Moines, Iowa the day and year first above written. a� G• BRU,y0 C Y 3 : IOWA i m . 0'p, • %....: •.•• 4 R I AL MB% I M2 A/ y, A622— I� Notary Public, Polk County, Iowa My Commission Expires 11-4-95 STATE OF IOWA COUNTY OF POLK ss. I, M.J. Long, Vice Presidentofthe MERCHANTS BONDING COMPANY (Mutual), do hereby certify that the filbove and foregoing is a true and correct copy of the POWER OF ATTORNEY, executed by said MFf f,{AT a ;r1T OhJDING COMPANY (Mutual), which is still in force and effect. J ,.P. 4 . In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company, at ALISO VILJO<„U 4 .. Z•_ this 10TH day of AUGUST t9 93 This power of attorney expires December 31, 1995. r Page 10 ^ CERT CATE> Mv OFD °INSl�RA1VCE : Y 3; , ¢a0 PRODUCER COMPANIES AFFORDING COVERAGE O'NEILL /SCHONWIT INSURANCE AGENCIES 17621 IRVINE BLVD. #106 COMPANY A LETTER SCOTTSDALE TUSTIN, CA 92680 COMPANY B LETTER INSURED T.L.S. CONSTRUCTION, INC. 1026 E. 4TH STREET COMPANY C LETTER SANTA ANA, CA 92701 `r 'OFT' THIS IS 70 CERRFY 1}IAT POLICIES OF LISTED �ELOw HAVE B�1 ISSUED TOH INSU NAMMEU ABOV'E'FOR TFIt�POlICCER100 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TIPS 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 AND IS NOT AMENDED, EXTENDED OR ALTERED BY THIS CERTIFICATE CO TYPE OF INSURANCE POLICY NUMBER FTECTIVE EXPIRATION ALL LIMITS IN THOUSANDS GENERAL LIABILITY GENERAL AGGREGATE S 1,000,000 (OCCURANCE BASIS ONLY) A COMMERCIAL PRODUCTS/COMPLETED $1,000,000 COMPREHENSIVE AGGREGATE OPERATIONS AGGREGATE & CONTRACTORS QOWNERS PROTECTIVE GLS466427 3/28/9 3/28/91 PERSONAL INJURY S1,000,000 ® CONTRACTUAL FOR SPECIFIC CONTRACT 1,000,000 ❑X PRODUCTS /COMPL OPER. O XCU HAZARDS EACH OCCURANCE S ® BROAD FORM PROP. DAMAGE ❑ SEVERABILITY OF INTEREST FIRE DAMAGE (ANY ONE FIRE) S SO OOO > CLAUSE ❑ PERSONAL INJURY WTFH EMPLOYEE EXCLUSION REMOVED MEDICAL EXPENSES S 5,000 (ANYONE PERSON) MARINE AUTOMOBILE LIABILITY COMPREHENSIVE COMBINED SINGLE LIMIT i : i=s? "` I BODILY INJURY IyY OWNED (PER PERSON) $ }-, ,� BODILY INJURY HIRED (PER ACCIDENT) ❑NON-OWNED PROPERTY EXCESS LIABILITY EACH AGGREGATE UMBRELLA FORM';A {jYz OCCURRENCE OTHER THAN UMBRELLA FORM x I� ='33T �R'" e),k -� _ _ STATUTORY WORKERS' COMPENSATION $ EACH ACCIDENT AND $ DISEASE- POLICY LIMIT EMPLOYERS' LIABILITY $ DISEASE -EACH EMPLOYEE LONGSHOREMENS AND HARBOR STATUTORY `Ira r -G`,, 1� a e� WORKERS' COMPENSATION DESCRIPTION OF OPERATIONSJLOCATIONWMICLES (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 Island Fire Station, No. 4 PROJECT TITLE AND CONTRACT NUMBER CERTIFICATE HOLDER s ` €I <ICANCELLATION x N 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 1768 COMPANY AFFORDING COVERAGE SHALL PROVIDE 30 DAYS MIN. ADVANCE 3300 NEWPORT BLVD. NOTICE TO TH CITY NEWPORT BEACH BY REGISTERED MAIL o )a I tqlr NEWPORT BEACH, CA 92659 -1768 ATTENTp HORIZED REPRESENTATIVE ISSUE DATE Page 11 GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: I. 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 contained in the written contract designated below, between the named insured and the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU" hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured(s) named in Paragraph 1 of this endorsement shall be the limits indicated below written on an "Occurrence" basis: (x) Commercial (X) Comprehensive General Liability $ 1, nn,nnn each occurrence $ 1,000,000 aggregate The applicable limit of Contractual Liability for the company affording coverage shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insured(s). 5/91 0 0 Page 11A 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, canceled 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 Island Fire Station, No. 4 Project Title and Contract No. This endorsement is effective 8/13/93 at 12:01 a.m. and forms a part of Policy No. GT.s466427 of scoTTSnAT.F. TNs1TRANcR cn_ (Company Affording Coverage). Insured: T.L.S. CONSTRUCTION Endorsement No.: 1 ISSUING COMPANY By: a Auth ized epresentative 5/91 Page 12 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: 5/91 "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 tha 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: XMultiple limits Bodily Injury Liability $�• aL�l� per person —7 Bodily Injury Liability Property Damage Liability ( ) Combined Single Limit $S�(- 7 QQ per accident $ /zzx-:� Bodily Injury Liability & Property Damage Liability $ The limits of liability as stated in this endorsement not increase the total liability of the company affording coverage for all damages as the result of any one a_cide -a . occurrence in excess of_ the limits of liability _ta sc _. -- tt;:- policy as applicable to Automobile Liabil.it_ Insurance. • • Page 12A 4. Should the policy be non - renewed, canceled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach ny registered mail, Attention: Public Works Department.L /Orb DPI -7-0d Designated Contract: T 0M This endorsement is effective 4 VI43 at 12:01 a.m. and forms a part of Policy No.13g 37jt25S of `jRCE ,Qr� N?ln_1k4e- (Company Affording Coverage). Insured: q Ieenl ceo r4P/CK0 /_ L � -t45 SS li rNG COMPANY By: ut orized Re pr se n ive 5/91 Endore:ement No.: DON LANG State farm Insurance Companies 13227 Garden Grove Blvd. Garden Grove, CA 92643 (714) 971 -2060 Page 13 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." zany-. 8, t4Q3 Date 48 &Z Contract Number 5/91 TLS Construction. Inc - Name of Contractor (Principal) OrrriosonZLa ft gnat 1 enPrestdent MT. M M MMINGF.MrsTa sm Lo Page 14 CONTRACT THIS AGREEMENT, entered into this /U /day of , 19-4z, by and between the CITY OF NEWPORT BEACH, herelnaf er "City," and TIC r.nnstructi�n Inr.. , hereinafter "Contractor," is made with reference to the following facts: A. City has heretofore advertised for bids for the following described public work: Balboa Island Fire Station, No.4 C -2862 Title of Project Contract No. B. Contractor has determined by City to be the lowest responsible 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 Island Fire Station, No. 4 C -2862 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 Six Hundred Sixty Thousand One .11 dyed Seventy One &D-O/ ($660,171.00), This compensation �,lcludes: 100 (a) Any loss or damage arising from the nature of the work, (b) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (c) 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. 5/91 Page 14A 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) Instructions to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and Endorsement(s) (f) Plans and Special Provisions for Balboa Island Fire Station No. 4 C -2862 Title of Project Contract No. (g) This Contract (h) Standard Specifications of Public Works Construction (current Edition) and all supplements 4. Contractor shall assume the defense of, pay all expenses of defense and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, injury and liability of every kind, nature and description by reason of or arising out of the negligent or willful conduct of the Contractor, his /her employees, agents and subcontractors in the performance of the Project, except such loss or damage caused solely by the active 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 written above. APPROV AS T FORM: / CIT ATTORNEY ATTEST: CITY OF NEWPORT BEACH A Municipal Corporation B Mayor TLS Construction inc_ Name of Contractor thor zed Signature and Title Orrison L. Steen, Vice President • • P) CITY c'f'',,r;LIki'd:.i . APPROVED June 14, 1993 CITY COUNCIL AGENDA ITEM NO. 23 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: BALBOA ISLAND FIRE STATION NO. 4 (C -2862) 1114910LO I1 1:3Z19I.V0 to] ZFIT 1. Approve the plans and specifications. 2. Authorize the City Clerk to advertise for bids to be opened at 11:nn- A.M... on July 14, 1993. DISCUSSION: This contract provides for the construction of a 2 story, • 4400 sq. ft. facility to replace the 52 -year old Balboa Island fire station. The new station will be built on the former service station site at the southeast corner of Marine Avenue and Park Avenue. It will accommodate 2 pieces of fire apparatus, 3 sedans or light trucks, and 4 firefighters on a 24 -hour basis. The facility will also include 2 public restrooms accessible to the public /handicapped individuals from the Park Avenue sidewalk; on -site improvements (driveway slabs, carriage walks, landscaping, walls, etc.) ; reconstructing curb, sidewalk and driveway approaches adjacent to the site; and installing 3 street trees. (See plans on display in the City Council Conference Room.) Plans have been prepared in accordance with City Council approval of the Schematic Design Phase on November 23, 1992 and of the Design Development phase on February 8, 1993. Copies of the previous Council reports are attached for reference. The contract requires that the Contractor shall abide by prescribed parking and delivery /haulaway restrictions to minimize impacts upon Island businesses and residents. The contract also advises that the Contractor shall work extended hours or on Saturdays commencing on • September 7, 1993 to assure that the station will be completed by May 13, 1994. Liquidated damages will be assessed at $1500 per calendar day of late completion. Subsequent to the removal of underground storage tanks and contaminated soil at this former service station site, excavations were backfilled with imported rock to make the site redevelopable, albeit nonhomogeneous. Recent exploratory borings 0 0 Subject: Balboa Island Fire Station No. 4 (C -2862) June 14, 1993 Page 2 to provide accurate characteristics for total and differential • settlements of this nonhomogeneous soil indicate that certain minor amounts of hydrocarbons are still present at the site; however, Staff and the City's consultants feel that the site's potential differential settlements and moderately contaminated soils will not pose an impediment to construction of the new station. The soil remediation issue, plus other issues, are addressed in the Negative Declaration of environmental impact for the redesigned project, as approved by the City Council on November 9, 1992. The coastal development permit for the revised project was granted on February 19, 1993. Plans, specifications and estimates have been prepared by James Karl Robinson, AIA and Associates (on -site construction) and by Staff (public improvements) . The architect's construction estimate is approximately $1,125,000, including all appliances, landscaping, utility connections, clock, flagpole, etc. Public improvements are estimated at $5000. Furnishings may total $9000. Geotechnical and architectural construction services are estimated • to add another $21,000 to the project. Contract administration will be provided by Public Works personnel. The FY 1992 -93 budget contains an approximate $290,000 balance in the appropriation for the project, which will be combined with a proposed $750,000 appropriation in the FY 1993 -94 budget to fund the project. Benjamin B. Nolan Tim Rile Public Works Director Fire Chief LD \so Attachments • LCRECEW]ED November 23, 1992 Council Agenda Item No. 2;; S TO: Mayor and Members of the City Council FROM: Timothy Riley, Fire Chief SUBJECT: Approval of the Schematic Design Phase and Authorization to Proceed with the Design Development Phase of the Balboa Island Fire Station Project. RECOMMENDATIONS: That the City Council, by motion, accept the preliminary structural and site utilization plans developed for the construction of the new fire station with public restroom facilities on Balboa Island and authorize the City Manager to sign a work authorization instructing the Architect to proceed with the Design Development Phase of the project. • DISCUSSION: As required by Chapter II, Paragraph C of the Agreement for Architectural Services between the City of Newport Beach (CITY) and James Karl Robinson AIA INC. (ARCHITECT), the Schematic Design Phase of the design of the Balboa Island Fire Station shall be approved by the City Council prior to proceeding to the Design Development Phase. The ARCHITECT has prepared an artists rendering of the fire station, a conceptual site plan, a roof plan, elevations, and floor plans based upon meetings with City representatives and members of the community. These items depict a new building described as follows: ► a four thousand, four hundred and fifty -four (4,454) square feet designed to accommodate two pieces of modern fire apparatus and four personnel per day ► construction to be primarily wood frame with plaster exterior • ► enclosed off - street parking for three (3) employee vehicles per day ► two public restrooms that may be accessed from the fire station exterior Once the City Council has approved the Schematic Design Phase of the project, the City Manager shall prepare and send the ARCHITECT a letter of acceptance and authorization to proceed with the Design Development Phase (see attachment). During this phase, the ARCHITECT shall prepare design development documents consisting of drawings and specifications that depict the size and character of the project in terms of architectural, structural, mechanical and electrical systems, basic materials and on -site improvements. The ARCHITECT shall be given 60 p days . comp le�irti PJ,�s nth ��ddiJj om for City Council review and approval. APP �� JJ �� �t �� JJ �t jj �Y ((�� • s February 8, 1993 Council Agenda Item No. • TO: Mayor and Members of the City Council FROM: Timothy Riley, Fire Chief �(C SUBJECT: Approval of the Design Development Phase and Authorization to Proceed with the Construction Documents Phase of the Balboa Island Fire Station Project. RECOMMENDATIONS: That the City Council, by motion, accept the Design Development Phase for the construction of the new fin; station on Balboa Island and authorize the City Manager to sign a work authorization instructing the Architect to proceed with the Construction Documents Phase of the project. DISCUSSION: As required by Chapter II, Paragraph D of the Agreement for Architectural Services between the City of Newport Beach (CITY) and James Karl Robinson AIA, Inc. (ARCHITECTj, the Design Development Phase shall be approved by the City Council prior to proceeding to the Construction Documents Phase. As required, the ARCHITECT has prepared design development documents consisting of drawings and specifications that depict the size and character of the station in terms of architectural, structural, mechanical, and electrical systems, basic materials, and on -site improvements. These documents include a site plan, floor plan, roof plan, exterior elevations, building sections, wall sections, outline specifications and a rendering. The ARCHITECT has also prepared a detailed cost estimate based upon this design. Once the City Council has approved the Design Development Phase of the project, the City Manager shall prepare and send the ARCHITECT a letter of acceptance and authorization to proceed with the Construction Documents Phase (see attachment). During this phase, the ARCHITECT shall submit working drawings and specifications in conjunction with a notice inviting bids and shall also revise these documents as necessary to conform the project to the budget. APPROVED BY CITY COUNCIL DATe • • • r m O 0 CL ti 0 T c C N rn a T xa C Nf m1 N t—< OL O % s* s5� ,w¢ N -mg ti ytn r <S r c;�.. r M O NNTW CT OS c`4 Si >� z n�'sFa ¢ N ~ Sit tYax {r s �'``z f74W [O 1650k�C"'4. 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Number A{214, September 29, 1961, and A -24831 June 11, 1863 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 NEWPORT BEACH —COSTA MESA 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 on the following dates: June 18, 23, 1993 I declare, under penalty of perjury, that the foregoirtTis true and correct. Executed on June 23 1993 at Costa Me a, Calif rnia Signature PROOF OF PUBLICATION