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C-2893 - Parking Lot and Bicycle Improvements - Ocean Front Parking Lot (contract less than $30,000)
July 31, 1992 r CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 Nobest, Inc. P.O. Box 874 Westminster, CA 92684 Subject: Surety: Bond: Contract No.: Project: (714) 644 -3005 The Continental Insurance Company 1320746 C -2893 Parking Lot & Bicycle Improvements - Ocean Front Parking Lot The City Council of Newport Beach on July 13, 1992 accepted the work of subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice has been recorded in accordance with applicable portions of the Civil Code. The Notice was recorded by the Orange County Recorder on July 20, 1992, Reference No. 92- 484218. sincerely, Wanda E. Raggio City Clerk WER:pm cc: Public Works Department 3300 Newport Boulevard, Newport Beach 6 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk -? ?A City of Ne rt Beach 3300 Newpor Boulevard Newport Beach, CA 92663 92-4 842 18 RECCRCED IN ©PPOIAL PrCCRDS OF ORANGE %OU ?dTV, vA' iFOu,h! 1 4:00 P.M. JUL 2 �2 ,; 199 41.- Q. C- /�e¢,eu ,R °corgF• "Exempt from recording fees pursuant to Government Code Section B103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Nobest. Inc.. P.O. Box 874. Westminster. CA ac Contractor, entered into a Contract on March 26, 1992 Said Contract set forth certain improvements, as follows: Parking Lot & Bicycle Improvements - Ocean Front Parking Lot (C -2893) Work on said Contract was completed on June 25, 1992 and was found to be acceptable on July 13, 1992 by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is The Continental Insurance Co., 500 S.. Kraemer Blvd., #305, Brea, CA 92621 BY c J/a eunlic worKs Director VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on � ��} /7j 995 at Newport Beach,eXaliVrnia. BY i y clerK F1 RECEI',' Jl1t ?^ 'i�32 ci' J.U; 3 APROVED 0 July 13, 1992 CITY COUNCIL AGENDA ITEM NO. 16 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: ACCEPTANCE OF OCEAN FRONT PARKING LOT AND BICYCLE IMPROVEMENTS (C -2893) RECOMMENDATIONS: The informal contract for the construction of drainage improvements in the Newport Ocean Front parking lot and the installation of bicycle parking racks in the Newport and Balboa Pier areas has been completed to the satisfaction of the Public Works Department. The bid price was $26,594.00 Amount of unit price items constructed 26,615.00 Amount of change orders 1,272.23 Total contract cost $27,887.23 One Change order was issued. In the amount of $1,272.23, it provided for the installation of a beach shower easterly of the Newport Pier Restroom. Due to the drought this shower had been deleted from the McFadden Plaza contract. • Funds for the project were budgeted in the General Fund, Account No. 7015 - 4120001. The contractor is Nobest, Inc. of Westminster. The work was completed on June 25, 1992. ` / GGL, 4M %/ Benjamin Nolan Public Works Director DCS:so 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 informal contract for the construction of drainage improvements in the Newport Ocean Front parking lot and the installation of bicycle parking racks in the Newport and Balboa Pier areas has been completed to the satisfaction of the Public Works Department. The bid price was $26,594.00 Amount of unit price items constructed 26,615.00 Amount of change orders 1,272.23 Total contract cost $27,887.23 One Change order was issued. In the amount of $1,272.23, it provided for the installation of a beach shower easterly of the Newport Pier Restroom. Due to the drought this shower had been deleted from the McFadden Plaza contract. • Funds for the project were budgeted in the General Fund, Account No. 7015 - 4120001. The contractor is Nobest, Inc. of Westminster. The work was completed on June 25, 1992. ` / GGL, 4M %/ Benjamin Nolan Public Works Director DCS:so File NOTICE INVITING BIOS (ITV CLERK *S COPY Sealed bide may be received at the office of the Purcti Agent, 3900 Newport Boulevard, P. 0. Box 1768, Newport Beach, CA 92858 -1788 until 10:00 a.m. on the 13th day of February IM. at which time such bids shall be opened and read for Parking Lot & Bicycle Improvements - Ocean Front Parking Lot (C -2893) Title of Project 2893 Contract No. /.&-V +y rest Prospective bidders may obtain one set of bid documents at no cost at the office of the Public NorkB Deportment, 3300 Newport Boulevard, P. 0. Box 1768. Newport Beach, CA 92859 -1788. For further information, call Steve Bodum at 644 -3311. Project Manager PR 1.1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL PARKING LOT AND BICYCLE IMPROVEMENTS OCEAN FRONT PARKING LOT INFORMAL CONTRACT, C -2893 CITY MANAGER City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659 -1768 The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all work required to complete this Informal Contract in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit price for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. 1 Clear and grub Lump Sum @ Forty Three Hundred Dollars and 00 /100 Cents Per Lump Sum 2. 44 Construct 6" Type "B" Linear Ft. curb per CNB Std. 182 -L @ Nineteen Dollars and Fifty Cents $ Per Linear Foot 3. 15 Construct variable height Type "A" Linear Ft. curb per CNB Std. 182 -L $ 4,300.00 19.50 $ 858.00 @ Nineteen Dollars and Fifty Cents $ 19.50 $ 292.50 Per Linear Foot PR 1.2 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE I 4. 30 Construct concrete under sidewalk Linear Ft. drain with frame and cover @ One Hundred Forty Eight Dollars and 00 /100 Cents $ 148.00 $ 4.440.00 Per Linear Foot 5. 2 Install parking meter post Each per CNB Std.- 912 -L j @ One Hundred Dollars and 00 /100 Cents $ 100.00 $ 200.00 Per Each 6. 340 Construct PCC pavement /gutter Square Ft. 6" PCC over 6 °AB @ Eleven Dollars and 00 /100 Cents $ 11 . on $ 3,740- nn Per Square Foot 7. 10 Install Type I bike rack (7' length) Each ( City Suppiied ) • @ Two Hundred Four Dollars and 00 /100 Cents $ 2n4-no $ 2 n4n_M ' Per Each 8. 5 Install Type II bike rack (9' length) Each ( City Suppied ) @ Two Hundred Four Dollars and 00/100 Cents $ 204.00 $ 1 .n2n_M Per Each 9. 1 Relocate existing bike rack (5' length) Each @ One Hundred Dollars and 00 /100 Cents $ 150.00 $ 150.00 1 Per Each 4 I. PR 1.3 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE - - -PRICE 10. 1510 Construct 4" PCC sidewalk Square Ft. per CNB Std. -180 -L @ Three Dollars and Eighty -Five Cents $ 3.85 $ 5,813.50 Per Square Foot 11. 40 Construct PCC wall Linear Ft. per detail on plan @ Forty -One Dollars and 00 /100 Cents $ 41.00 $ 1,640.00 Per Linear Foot 12. 1 Adjust lighting standard and Lump Sum pullbox to grade @ Twanty -Ona Hundred Dollars and nnilln Cents $2 10n_00 Per Lump Sum Twenty Six Thousand Five Hundred Ninety Four Dollars and 00 /100 Cents $ 26.594.00 TOTAL BID PRICE (WORDS) TOTAL BID PRICE (FIGURES) V� Nobest, Inc. 359622; Bidder State Contractor's License No. & Expiration Date ** Authorized Signature /Title Date Robert Nodland, II, Secretary P.O. Box 874, 4Iestminster, CA (714) 892 -5583 Bidder's Address Bidder's Telephone PR 1.4 ** I declare under penalty of perjury -that the representations made herein are true and correct. MAaeP 92- Authorized Signature /Title Date Robert Nodland, II, Secretary ** Business and Professions Code Section 7028.15 provides that any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered non - responsive and shall be rejected. 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 Standard Specifications for Rublic Works Construction, except as modified by the Special Provisions. 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 (9 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, that Bond 1320746 Prc( Included Eaecured In Four (4) Counterparts Page 8 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted has awarded to Nobest Incorporated hereinafter designated as the "Principal", a contract for Parking Lot and Bicycle Improvements Ocean Front Parkin y Lot (Contract No. _C -2893 ) in the City of Newport Beach, 1n 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. �- 2Sg.-1 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 performanc4g=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 h jd ff R b and unto the City of Newport Beach, in the sum of Ninety Vourhno�W lve Hundred Dollars ($ 26.594.00 ) . 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 It 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 r 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 spec'`ied 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. 5/91 1 'STATE OF CALIFORNIA Id COUNTY OF OP,,ATJGE___ 1 r �ccuacn rnr;aaen— r.M{KK91M11- v;cawts r9�m ]zteax -nP, sez 1992 *0160r I5. tin; Iss. On this 13 day of MARCH , in the year 19 —, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D'ODLAND II 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 Public in and for said —Y. STATE OF CALIFORNIA — i COUNTY OF 0 RA;7CE ACVNW 'AENRd(NI- CmMrntion- N'drolls rmm 222CA -X -Bev. 5 -E2 - 1?a1 weLLOUS. INC. I ss. On this - 13 day of VAP.CH , In the year t9 92 before me, the undersigned, a Notary Public in and far said State, personally appeared ROBERT MOP.T ANP TT , 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 Public Inland for said Slate. Page 8A 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 to them or their assigns in any suit brought upon 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 5th day of March , 1992 . : Nebesr ' Name of C-0tract (Principal) Authorized Signature /Title Robert Nodland, II,:Secretary �1 The Continental Insurance Company Name of Surety Authorized Agent Signature P. 0. Box 2263, Brea, CA 92622 Linda D. Coats, Attorney 500 S. Kraemer Blvd., #305, Brea, CA 92621 (714) 572 -3054 Address of Surety Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 5191 The (*tinental insurance Corn ny 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 Arid 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 Unlimited Dollars This PowerofAttomey is granted and is signed and sealed by faaimile under and by the authority of the following Resolution adopted by the Board of D'trectod of the Company on the 13th day of lanwary,19a9: anae the quimsn of the fiord tha Vice Chaimtan tithe auad, the heWeot. an Excpnive Vice President a a Senior Yce Resident a a Vice Pnewent of the that eaad+a any?f diem a, a modied a eaew — N-ain dAnaniney QuaGryinB the aeomey named in the pyen Power ofAmmay to execute in behall of the idedakienp_ard ad co*am ig e y hia iiid_Z an &jla "Vice O' Ad"t t, a $we ieury a an Assatat SeccUry tie, and that "Cho any of them hereby a, FUITHER RES vW. that the sWatim of mich offcm and d* seal of the Company my be atfiaed to any wdr Power of Anomey a to am taa(-ate muiry dwrio by a faoimrTe. and. aMwrhltiwarcf MOmey9!clnirotebeantwcAfacim'te sipmues afansimaeseat shall bevaldand bmdngWan theComWy whim nwatrueAaditfheMue with respect to any band: wKIvuikg a contract of SwItriSlap to whKh t a atorhed.' In Wdriess Whereof, THE CONTINENTAL INSURANCE COMPANY has caused its officiaf seal to be hereunto affixed, and theseprnsenis to tk signed by one of its Vice Presidents and attested by dne of its Assistant Vice Presidents this 3lday of July ,1991 Attest THE CONTINENTAL INSURANCE COMPANY By D.L Bata. Assistant Vice Prewdeea WINam z For+". VK President STATE OF CONNECTICUT COUNTY OF HARTFORD On this 3ldayof July , 19 9,3before me personally came William Z Fornshell, tome known, who being by me duly swom, ti did depose anld sajr 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 irimmenl 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. owe o..a,r � nnnn V.'NOttRY ♦ ���is� "MEC� GLORIA D. BLOC SfBL NOTARY PU CERTIFICATE Any Con+mk m tupnes March 31, 1993 1, 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 Director, set forth in the said Power of Attorney, is now in force. Signed and sealed at the town of Farmington, in the Stale of Connecticut. Dated the 5th da of March ,1992 . t U f. De*v„t lint. Afv,taM VKe pm-'de it EOND 4315M V Printed in U.SA STATE OF CALIFORNIA I55. COUNTY OF ORANGE OFFICIAL SEAL LARRY NODIAND +D NOTARY PLPL'C- CALIFORNIA ORANGE COUNTY ray Ccmm. Expires Jan. 29,1993 r - nts ]IONLFIICMFRI— Cwlpalion— Wp1lMls F.. 222CA X —W 562 1992 M 0115. RIC On this 13 day of FARCE in the year 19 92 before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT NODLATTD 1I , 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 Public ih and for skid State. 'i Certificate of Acknowledgement STATE OF CALIFORNIA County of Los Areeles On March 5:, 199 before me, Chris Rivera personally appeared 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 and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hWher/their signatures) on'the instrument the person(s), or the entity upon hehalf of which the person(s) acted, executed the instrument. WITNESS my hand and offici , OFFICIAL SEAL CHRIS RNERA Notary pubhc- CoUrom to Signature (Scat) LOS ANGELES COUNTY My commlWon Expires December 8. 1496 t Bond No. 1330746 Pr� .$399.00 Idxe In Four (4) Counterparts Page 9 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted has awarded to hereinafter designated as the "Principal ", a contract for Parking Lot & Bicycle Improvements Oceanfront Parking Lot in the City of Newport Beach, in strict conformity with the Contract, Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach, all of which are incorporated herein by this reference; WHEREAS, Principal has executed or is about to execute Contract No. C -2893 and the terms thereof require the furnishing of a bond for the faithful performance of the Contract; NOW, THEREFORE, we, as Principal, and The Cont as Surety, are held firml the sum of TweutyrSi �Thous� said sum being equal t contract, to be paid t successors, and assigns; bind ourselves, our successors, or assigns, presents. Nobest lnenral insurance company y bound unto the City of Newport Beach, in nd�7VAM Hundred Dollars ($ 26,59 00 � ) , 0 00% of the estimated amount of the o the City or its certain attorney, its for which payment well and truly made, we heirs, executors and administrators, jointly and severally, firmly by these 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 5191 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 5th day of March , 1992. Nobest Incorporated. Name of Contractor (Principal) The Continental Insurance Company Name of Surety P. 0. Box. 2263, Brea, CA 92622 500 S. Kraemer Blvd., (1305, Brea, CA 92621 Address of Surety Authorized Signature /Title Robert Noodland, ICI, Secretary yd, rs 1C"c��fr N. \JH'Y.�ll AuLtjiorized Agent Signature inda D. Coats, Attorney (714) 572 -3054 Telephone ' NOTARY. ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE- ATTACHED j 5/91 STATE OF CALIFORNIA COMITY OF 0P.ANG° OFFICIAL SEAL LARRY NIONAND m NOTARY PU2L!C• CAllFORMA ORAN: COUNTY ,r My Comm. Expires Jan. 29,1993 arr .nonrencsrzm— co,�pabon— v+acni: ram ntux —ew. sex i�82 nffiCOr 15, 114C 13 1 1 FARCH ----92 On this day of - , in the year 19_, before me, the undersigned, a Notary Public in and for said - State, personally appeared ROBERT NODLAND II , 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 official Public in and for said Cet ificate of Acknowledgement STATE OF CALIFORNIA } County of Los Angeles /t On March 9, 1997 before me, Chris Rivera personally appeared Linda D. Coats personally known tome (or proved tome on the basis of satisfactory evidence) to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her /their authorized capacity(ies), and that by ais/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person s) acted executed the is strumer W?TNESS my hand and officio OFFJC1AL SEAL _ CHRIS RNERA ° Notary Public- Witarrua Sjgnature / V `� 4� � LOS ANGELES COUNTY ( ) My CommBson EXPkes Docembet 8, 1945 1401426 Of - - - Thetinentaf Insurance Co Tinny 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. Unlimited Dollars This Power ofAttomey 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 13th day of January, 1989: -.-RESOLVED. OW the Chtimun of the !o!rd. de Vice Chairman d tte Bond, the Presidea an Execuuve Vice Newlent or a Senior Vice President or a Vice PieWern of" Company, beard dot each a any 4 therm e, audroriied to eaecsne Pw o(Anmhcy Qualityir g the anomey named in the even Po of Attomey to execute it b&O of the Comp". touch, undeda6V am it owwacts a( uteryship: and dua an Assistant We President, a Sectiary or an Assetant Secretary be, and dial ead%a any dtfian as ebr k. auihddaed to attest the execubon o(a y sudr Power of Money. and w attach thereto the seal of the company. FURTHER TIESOIVEO, that the s'ryatures d wch officer and the seal d the Company nY may be affixed to arty Brach Power dAnomey a b airy reCifiote relating de to by Ucsim k. "am uaehPaew.sdAnorey ofoenNicate beuingsuchhaimae uvanarsa faaim k ualstsallbe validandbvdahgupon Me CompnrywteeneoaRuedand'nale hhsee wrath respect a any boniii unclauking -or contract of uretl'stup to whit% i is atorhed" In Witness whereof, THE CONTINENTAL INSURANCE COMPANY has caused its official seal to be hereunto affixed, and theseprezents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 3 ]day of July ,19 91 Attest: THE CONTINENTAL INSURANCE COMPANY BY D.L Isamu. Asi sum; Vice Aewdere �-� Wi iam z Fomahell. Vice President STATE OF CONNECTICUT COUNTY OF HARTFORD On this 3ldayof July , 19 9,before me personally came William Z. Fornshell, tome krnwn, who being by me duly swum, 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 die said corporation; that the seal affixed to the said instrument is such corporate 1 seal; that it was so affixed by order of the Board of Director of said corporation and that he signed his name thereto by like order. 0.,; OLORU D. SL SFINS NOTARY PUBLIC CEATIFlU.TE My Commission Expxn March 31, 1993 I, the undersigned, an Assistant Vice President of THE CONTINENTAL INSURANCE COMPANY, a New Hampshire corporation, DO HEREBYCERTIFYthat the foregoingand attached Power of Attorney remains in full force and has not been revoked; and (urthermore 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 town of Farmington, in the State of Connecticut. Dated the 5r.h da of Pfarch ,1992 . // I. De+r.s lane. Ahsnurht VKe Fe ide 11 SOND4315M '` YY 1-tinted in V.SA ,-( CER.I !GATE OF INSURANCE -:. PRODUCER COMPANIES AFFORDING COVERAGE Willis Corroon Corp. of Los Angel 70 S. Lake Ave. OMPANY AAetna Casualty & Surety Co. Suite 1100 LETTER Pasadena, California 91101 COMPANY B LETTER INSURED Nobest, Inc. COMPANY C Post Office Box 874 Westminster, California 92684 LETTER �' J %p 3Y.i• r s: � y /:r- F +T'e'P. �= x"IL`' k•a 3ss „y -,:, f •,. -r r r +.. iii .,,Y. . C.OVERAGESd. °..._., 5.. +, •4? THS�IS TO CERhFV THAT POLICIES OF'lFNSURANCE USTED O'ELON WIVE 6EEN�SUEU 70 THE INSURED NAMED ABOVE FOR THE POLICY TEN66 INDICATED. NOTWITHSTANDING ANY REOUIREMMT. 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 POUCIES AND IS NOT AMENDED. EXTENDED OR ALTERED BY THIS CERTIFICATE 00 TYPE OF INSURANCE POU(.Y NUMBER EXPIRATION ALL UMITS IN THOUSANDS A GENERAL UA131UTY (OCCURANCE BASIS ONLY) 0 8 300217 5 7 8/3/ 8/3/92 GENERAL AGGREGATE $ 1,000 855CCA 91 PRODUCTSICOMPLETED $ COMMERCIAL COMPREHENSIVE OPERATIONS AGGREGATE 1,000 OWNERS CONTRACTORS T& PERSONAL INJURY S 1,000 ® CONTRACTUAL FOR SPECIFIC CONTRACT' ® PRODUCTS /COAIPL OPER ® XCU HAZARDS EACH OCCURANCE $ 1,000 ® BROAD FORM PROP. DAMAGE ® SEVEFIAMUTY OF INTEREST � S 100 CLAUSE ONE FIRE) PERSONAL INJURY WITH EMPLOYEE EXCLUSION MEDICAL EXPENSES $ 5 REMOVED (ANY ONE PERSON) MARINE AUTOMOBILE LIABILITY COMBINED $1,000 ' � I &'kj COMPREHENSIVE 083FJO0211 8/3/ 8/3/92 SINGLE LIMIT ONNED 00560CCA 91 BODILY RMURY (PER PERSON)_ s BODILY INJURY (PEA ACCIDENT) $'7"> ): HIRED f'. ®NON-OWNED PRORTY k EXCESS LIABILITY EACH AGGREGATE UMBRELLA FORM _ OCCURRENCE OTHER THAN UMBRELLA FORM _ ;' $ S STATUTORY WORKERS' COMPENSATON $ EACH ACCIDENT AND $ DISEASE- POLICY LIMIT EMPLOYERS' UABIUTY $ DISEASE EACH EMPLOYEE LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION STATUTORY DESCRIPTION C OPERATIONS/ LOCATWNSAIEHICLES /RESTRICTIONS/SPECIAL IT EMS: ALL OPERATIONS PERFORMED FOR THE CITY OF NEWPORT BEACH BY OR ON BEHALF OF THE NAMED INSURED IN CONNECTION WITH THE FOLLOWING CONTRACT: Parking Lot & Bicycle Improvements Ocean Front Parking Lot C -2893 PROJECT TITLE AND CONTRACT NUMBER CERTIFICATE" HOLDER CANCELLATION ' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON RENEWED. CITY OF NEWPORT BEACH CANCELLED OR COVERAGE REDUCED BEFORE THE EXPIRATION DATE THE P.O. BOX 1768 COMPANY AFFORDING COVERAGE SWILL PROVIDE JO DAYS MIN. ADVANCE 3300 NEWPORT BLVD. NOTICE TO THE CITY OF NENPORT BEACH BY REGISTERED MAIL NEWPORT BEACH, Ck 92659 -1768 ATTENTION: AUTHORIZED REPRESEIITATNE SSUE DATE b ;ya, (9 . ( • Page 11 GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for General Liabilit , the City of Newport Beach, its officers and employees are ad ona in�l eds, 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,Kewp ort 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: (R) Commercial ( ) Comprehensive General Liability $ 1,000,000 each occ $ 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 (� 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. 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. Designated Contract: Parkino Lot and Bicycle Improvements Ocean front Parking tot, C -2893 Project Title and Contract No. This endorsement is effective and forms a part of Policy No. (Company Affording Coverage). Insured: Nobe\st, Inc. 8/3/91 at 12:01 a.m. of 57855CCA Aetna Casualty ---F-Sffrety Co. Endorsement No.: TIM ISSUING COMPANY Millis Corroon Corporation of Los Angeles... 70 S. Lake Ave., Suite 1100 Pasadena, CA 91101 Authorized Representative 5191 • • 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: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage." 3. The limits of liability under this endorsement for the additional insureds named in Paragraph 1. of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit: , ( ) Multiple limits Bodily Injury Liability Bodily Injury Liability Property Damage Liability (K) Combined Single Limit H per person per accident Bodily Injury Liability & 1,000,000 Property Damage Liability $ 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. 5191 f6 0 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 by registered mail, Attention: Public Works Department. 5. Designated Contract: Parking Lot &Bicycle Improvements Ocean Front Parking Lot, C -2893 Project Title and Contract No. This endorsement is effective 8/3/91 at 12:01 a.m. and forms a part of Policy No, of 10056OCCA Aetna Cas. (Company Affording Coverage). & Surety Co. Insured: Nobest, Inc. Endorsement No.: TBD ISSUING COMPANY " Willis Corroon Corporation of Los Angeles 70 S. Lake Avenue, Suite 1100 Pasadena, CA 91101 By:, % t U�- .w� l_ ( Authorized Representative 5/91 /� (0 STATE P.O. BOX 807, SAN FRANCISCO, CA 94101 -0807 COMPENSATION I NSURA NICE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE MARCH 23, 1992 POLICY NUMBER :440-91 UNIT 0004618 CERTIFICATE EXPIRES: 1 J -1 2 CITY OF N- -WPORT BEACH 9UILDING S SAFETY DEPARTMENT P.O. 9OX 17b3 NEWPORT 9EACH, CA 922663 JD"-: ALL OPERATI ^tJS L This is to certify that we have issued a valid Workers' Compensation insurance policy in a form 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 uport'Mn days' advance written notice to the employer. X We will also give you WN days' advance notice should this policy be cancelled prior to its normal expiration. X This certificate of insurance is not an insurance policy and does not amend, extend or after 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. X. PRESIDENT ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10/01/41 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER r NOcESTP INC. 7600 ACACIA GARDEN GROVE CALIFORNIA A 92641 L Scir 10262 (nF.v. in 8r) OLD 262A l� r 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.an accordance with the provisions of that code; and Twill comply with such provisions before commencing the perf'ormance'of the work of this contract." Nobest, Inc. Date Name of Contractor (Pri %nicipal) C- 2893 Contract Number Authorized Signature and Title Robert Nodland, II, Secretary Parking Lot & Bicycle Improvements Ocean Front Parking Lot Title of Project 5/91 Page 14 CONTRACT THIS AGREEMENT, entered into this day of In ec/e 19h_, by and between the CITY OF NEWPORT CH, hereinafter"' City, and Nobest, Inc. , hereinafter "Contractor," is made with reference to the following facts: A. City, has heretofore advertised for bids for the..following described public work:. Parking Lot and Bicycle Improvements. Ocean Front Parking Lot C -2893 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: Parking Lot and Bicycle Improvements Ocean front Parking Lot C -2893 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 ay to Contractor the sum of Twenty Six Thousand Five Hundred pay Dollars ($ 26 Bg4.g0 ). This compensation includes: (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 i 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 Parking Lot & Bicycle Improvements Ocean Front Parking Lot C -2893 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. AS N ATTEST: �)� t2� et- CITY CLERK 5/91 CITY OF NEWPORT BEACH A Municipal Corporation By: s ^.a Ci Mana" e "znhpst. Inc. Name of Contractor Authorized Signature y and Title :obert Nodland, II, Secretary (� SP 2 of 3 IV. COMPLETION, SCHEDULE AND PROSECUTION OF WORK The Contractor shall complete all work within thirty (30) consecutive calendar days. The term "work" as used herein shall include all removals, adjustments, and replacements; construction of street pavement, curb, gutters, sidewalk, and sidewalk drains; and installation of bike racks and parking meter posts. Also included within the specified period is curing time for new PCC improvements. V. PAYMENT The unit or lump sum price bid for each item of work shown in the proposal shall be considered as full compensation for all labor, equipment, materials and all other things necessary to complete the work in place, and no additional allowance will be made therefor. Payment for incidental items of work such as not separately provided for in the proposal shall be included in the unit price bid for each item of work, including but not limited to traffic control, steel plating, grading, and compaction. VI. TRAFFIC CONTROL A. Parking Lot Closures The Ocean Front parking lot may be closed for a maximum period of eight (8) hours during cross gutter construction at the northerly portion of the lot. Removal of existing pavement and the construction of the new cross gutter shall be performed during the restricted period and subsequently plated and opened for traffic. ` B. Parking Restrictions The Contractor shall furnish, install, and maintain in place "NO PARKING -TOW AWAY" signs which he shall post at least 40 hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division at (714) 644- 3740, for verification of posting at least 40 hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimension of 12 inches wide and 18 inches high; and (3) be similar in design and color to sign R -38 on the Caltrans Uniform Sign Chart. The Contractor shall print the hours and dates of parking restrictions on the "No Parking -Tow Away" signs in 2- inch -high letters and numbers. A sample of the completed sign shall be approved by the Engineer prior to posting. SP 1 of 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS PARKING LOT AND BICYCLE IMPROVEMENTS OCEAN FRONT PARKING LOT INFORMAL CONTRACT , C -2893 I. SCOPE OF WORK The work to be done under this contract consists of removing existing improvements and constructing curb, gutter, sidewalk, drains, bike racks, and other incidental items of work. All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions, (2) the Plans (Drawing No. P- 5144 -5), (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1991 Edition) ; and (4) the Standard Specifications for Public Works Construction, (1991 Edition) , including Supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department for Five Dollars ($10.00). Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, telephone (213) 202 -7775. II. CONTRACTOR'S LICENSES At the time of the award and until completion of `work, the Contractor shall possess a General Engineering Contractor "A" License or Concrete "C -8" License. At the start of work and until completion of work, the Contractor shall possess a Business License issued by the City of Newport Beach. III. HOURS OF WORK 7:00 AM - 6:30 PM weekdays 8:00 AM - 6:00 PM Saturdays No work will be permitted on Sundays and holidays which disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity. "Holiday" shall be defined as January 1st, the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday in November (Thanksgiving) , and December 25th (Christmas) . If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday. • /0 SP 3 of 3 VII. CONSTRUCTION SURVEY STAKING Field staking control of construction will be provided by the engineer. VIII. WATER If the Contractor desires to use City's water, he shall arrange for a meter, and tender a $500 meter deposit with the City. Upon return of the meter in good condition to City, the deposit will be returned to the Contractor, less a quantity charge for water usage. IX. STEEL PLATES The City can provide, free of charge, a limited quantity of 1" thick, 5' x 10' steel plates. These plates may be obtained from and shall be returned to the City's Utilities Yard at 949 West 16th Street. To determine the number of plates available and to reserve the plates, the Contractor must call the City's Utilities Superintendent, Mr. Peter Antista, at (714) 644 -3011. X. CONSTRUCTION DETAILS A. Clear and Grub This item of work shall include all removals which are necessary to construct the new improvements. The work shall be done in accordance with Section 300 - 1.3.2. of the Standard Specifications except as modified and supplemented herein. All removal limits shall be sawcut. Final removal at the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. Final removal accomplished by other means must be approved by the Engineer. B. PCC Curb, Wall, Gutter, and Sidewalk All concrete used on the project shall be 560 -C- 3250. All sidewalk shall match adjacent finish and color. Upon completion of the new cross gutter at the northerly end of the Ocean Front parking lot, the work must be properly plated and maintained for a minimum period of seven days. C. Bike Rack Installation The contractor shall install "Ribbon Rack" bike racks, as supplied by the City, at the various locations and sizes as specified on the plan. Installation shall be per the manufacturer's recommendations and the plan. SPECIAL PROVISIONS FOR PARKING LOT AND BICYCLE IMPROVEMENTS OCEAN FRONT PARKING LOT INFORMAL CONTRACT INDEX I. SCOPE OF WORK. . . . . . . . . . . . . . . . . . . 1 II. CONTRACTOR'S LICENSES . . . . . . . . . . . . . . . . 1 III. HOURS OF WORK . . . . . . . . . . . . . . . . . . . . 1 IV. COMPLETION, SCHEDULE AND PROSECUTION OF WORK 2 V. PAYMENT . . . . . . . . . . . . . . . . . . . . . . . 2 VI. TRAFFIC CONTROL . . . . . . . . . . . . . . . . . . . 2 A. Parking Lot Closures . . . . . . . . . . . . . . 2 B. Parking Restrictions . . . . . . . . . . . . . . 2 VII. CONSTRUCTION SURVEY STAKING . . . . . . . . . . . . . 3 VIII. WATER . . . . . . . . . . . . . . . . . . . . . . . . 3 IX. STEEL PLATES . . . . . . . . . . . . . . . . . . . . 3 X. CONSTRUCTION DETAILS . . . . . . . . . . . . . . . . 3 A. Clear and Grub . . . . . . . . . . . . . . . . . 3 B. PCC Curb, Wall, Gutter and Sidewalk. . . . . . . 3 B. Bike Rack Installation . . . . . . . . . . . 3