Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
C-2939 - Corona del Mar Water Main & Alley Replacement, etc.
0 i CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 April 28, 1995 (714) 644 -3005 John T. Malloy, Inc. 2850 E. Coronado St., Unit A Anaheim, CA 92806 Subject: Surety: Gulf Insurance Company Bond No.: GE5636641 Contract No.: C -2939 Project: Corona del Mar Water Main and Alley Replacement and Balboa Peninsula Alley Replacement The City Council of Newport Beach on March 27, 1995, 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 April 6, 1995, Reference No. 95- 0144157. Sincerely, Wanda E. Raggio City Clerk 4?r WER:pm cc: Public Works Department 3300 Newport Boulevard, Newport Beach RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk Cit of Newport Beach Newport Beach, CAe92663 0 DOC # 95- 4144157 06 —APR -1995 09:16 AM Recorded in Official Records of Graroe County, California Nary L. Granville, Qerk- Pecorder Page 1 of 1 Fees: 4 Ta:(: 9 0.00 "Exempt from recording fees to Government Code Section NOTICE OF COMPLETION 1 ,ri . �..,81� NOTICE IS HEREBY GIVEN that the City of Newport Beach, 0 Np,?d �; ;111 �N Boulevard, Newport Beach, California, 92663, as Owner, d NYOR� Contractor, entered into a Contract on September 20, 1994 Said Contract set forth certain improvements, as follows: Corona del Mar Water Main and Alley Replacement and Balboa Peninsula Alley Replacement (C -2939) - located in the City of Newport Beach, County of Orange Work on said Contract was completed on January 20, 1995 , and was found to be acceptable on March 27, 1995 by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Gulf Insurance Company, City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best — ofy�m�y knowledge. y Executed on 2 � kz- -,IL �14 L99s at Newport Beach, California. BY city cierk i e 4' t �4. 0 .f ..te t �4. 0 • w i-a TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT March 27, 1995 CITY COUNCIL AGENDA ITEM NO. // SUBJECT: ACCEPTANCE OF CORONA DEL MAR WATER AND ALLEY REPLACEMENT AND BALBOA PENINSULA ALLEY REPLACEMENT PROGRAM (C -2939) RECOMMENDATIONS: Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 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 a water line replacement in Corona Del Mar and alley improvements in Corona Del Mar and the Balboa Peninsula has been completed to the satisfaction of the Public Works and Utilities Departments. The bid price was $380,075.00 Amount of unit price items constructed 391,789.63 Amount of change orders 00.00 Total contract cost $391,789.91 The increase in the amount of the unit price items resulted primarily in relocating extra fire hydrants and constructing additional alley pavement. Funds for the project were budgeted in the Street, Alley, Bikeway Improvement Public Works fund, Account No. 7013- P301017A; Balboa Peninsula Alley Replacement Program fund, Account No. 7013- P301128A; Corona del Mar Alley Replacement Program fund, Account No. 7013- P301129A; Water Main Replacement Program fund, Account No. 7501- P500074A and Water Main Replacement Program (Fernleaf) fund, Account No. 7501- P500232A. The contract was performed by John T. Malloy, Inc. of Anaheim, California. The contract was completed on January 20, 1995, well ahead of the contract completi .date of March 29, 1995. Don Webb Public Works Director ....... «+..a.l 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: September 21, 1994 SUBJECT: Contract No, C -2939 Description of Contract Corona del Mar Water Main and Alley Replacement and Balboa Peninsula Alley Replacement Effective date of Contract September 20, 1994 Authorized by Minute Action, approved on September 12, 1994 Contract with John T. Malloy, Inc. Address 2850 E. Coronado St., Unit A Anaheim, CA 92806 Amount of Contract 380,075.00 Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach V i GI`fY`, Sealed bids may be received at the office of the City Clerk, at 3300 Newport Boulevard, P.O. Bog 1768, Newport Beach, Ca. 92658 -8915 until 11:00 A.M. on the 25th day of AUGUST, 1994. at which time such bids shall be opened and read for j I) $455,000 Eneineer's4Es timate L ,! I po vt Approved by the City Council thi, 25th day of J 1y, 1994 _ Wanda E. Rag ' , 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. Bog 1768, Newport Beach, CA 92658 -8915. For further information, call Stephen Luv, Project Manager, at 644 -3311. c __�:�: u- -- _ _ — . � _.. � . ��:..�,�._. �...� - e acv. __� ��..w. � .._• r«, ;�;r ,; >a... �� 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CORONA DEL MAR WATER MAIN AND ALLEY REPLACEMENT ALLEY NO.S 34 -B, 35 -B, 36 -B, 44-A, B, & C P.U.E. BETWEEN DAHLIA AND FERNLEAF AVENUES AND BALBOA PENINSULA ALLEY REPLACEMENT CONTRACT NO. 2939 IlJ tie] tti-T-1111 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, California 92663 -8915 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 2939 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: NOTE: All applicable sales taxes, State and /or Federal, and any other special taxes, patent rights or royalties shall be included in the prices quoted in this proposal. ITEM QUANTITY NO. AND UNIT 1. Lump Sum 2. 550 L.F ITEM DESCRIPTION AND UNIT UNIT TOTAL PRICE WRITTEN IN WORDS PRICE PRICE Mobilization and Traffic Control Fifteen Thousand Dollars and NO /100 Cents $ 15,000.00 $ 15,000.00 per Lump Sum Install 6 -inch D.I.P. water main with trench resurfacing Forty -Two Dollars and NO /100 Cents $ 42.00 $ 23.100.00 per Linear Foot P -1 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL NO. AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 3. 1,900 L.F. Install 6 -inch D.I.P. water main Thirty -Three Dollars and NO /100 Cents $ 33.00 $ 62,700.00 per Linear Foot 4. 12 EA. Install 6 -inch butterfly valve Five Hundred Dollars and NO /100 Cents $ 50o.00 $ 6.000.00 per Each 5. 30 EA. Install 1 -inch water service saddle, extend existing service and re- connect. Two Hundred Dollars and NO /100 Cents $ 200.00 $ 6,000.00 per Each 6. 39 EA. Install 1 -inch water service saddle, and re- connect to existing service. One Hundred Seventy -Five Dollars and NO /100 Cents $ 175.00 $ 6,825.00 per Each 7. 2 EA. Install 2 -inch water service saddle and re- connect to existing service Thrpp Hiindrpd Dollars and NO /100 Cents $ 300.00 $ 600.00 per Each P -2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL NO. AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 8. 2 EA. Remove existing and replace with new fire hydrant assembly including trench resurfacing Two Thousand Five Hundred Dollars and NO /100 Cents $ 2,500.00 $5,000.00 per Each 9. Lump Sum Temporary bypass water system not including alleys 44A, 44B & 44C, (see specs) Twelve Thousand Dollars and NO /100 Cents $12,000.00 $12,000.00 Lump Sum 10. Lump Sum Pressure Testing and Disinfecting Two Thousand Five Hundred Dollars and NO /100 Cents $ 2,500.00 $ 2,500.00 Lump Sum 11. Lump Sum Abandon existing water mains Five Thousand Dollars and NO /100 Cents $ 5,000.00 $ 5,000.00 Lump Sum 12. 34,275 S.F. Remove existing alley pavement and construct P.C.C. pavement Five Dollars and NO /100 Cents $ 5.00 $171,375.00 per Square Foot P -3 P -4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL NO. AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 13. 2,770 S.F. Remove existing alley approach and construct new alley approach SPVPn Dollars and NO /100 Cents $ 7.00 $ 19,390.00 per Square Foot 14. 40 S.F. Remove existing sidewalk and construct new sidewalk Ten Dollars and NO /100 ,. Cents $ 10.00 $ 400.00 per Square Foot 15. 62 S.F. Remove existing brick pavement and construct brick pavement patch back Fifteen Dollars and NO /100 Cents $ 15.00 $ 930.00 per Square Foot 16. 2,640 S.F. Remove existing pavement and construct P.C.C. pavement patch back Five Dollars and NO /100 Cents $ 5.00 $ 13,200.00 per Square Foot 17. 790 S.F. Remove existing pavement and construct A.C. pavement patch back Four Dollars and Fifty Cents $ 4.50 $ 3,555.00 per Square Foot P -4 0 9 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL NO. AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 18. 40 S.F. Remove existing and construct Type "A" curb and gutter per CNB Std.- 182 -L. Twenty -Five Dollars and NO /100 Cents $ 25.00 $1.000.00 per Square Foot 19. 95 EA. Remove and replace existing water meter box One Hundred Dollars and NO /100 Cents $100.00 $9,500.00 per Each 20. 14 EA. Remove and replace existing water valve box Two Hundred Fifty Dollars and NO /100 Cents $ 250.00 $ 3,500.00 per Each 21. 3 EA. Remove existing cleanout and construct new sewer manhole Two Thousand Five Hundred Dollars and NO /100 Cents $ 2,500.00 $ 7,500.00 per Each P -5 Alternative Bid Item The following cost is to be added or deducted as indicated from the base bid amount. ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL NO. AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. Lump Sum Temporary by -pass water systems for Alleys 44A, 44B, and 44C, for the lump sum price of Five Thousand Dollars and NO /100 Cents $ 5,000.00 $ 5,000.00 Lump Sum TOTAL PRICE IN WRITTEN WORDS (base bid amount without alternative bid items) Three Hundred Seventy -Five Thousand ` Seventy -Five Dollars and NO /100 Cents TOTAL PRICE IN WRITTEN WORDS (base bid amount with alternative bid items) Three Hundred Eighty Thousand Seventy -Five nnnnr, and NO /100 Cents Bidder's Name John T. Malloy. Inc. $ 375,075.00 Total Price $ 380,075.00 Total Price Bidder's Address 2850 E. Coronado St., Unit A, Anaheim, CA 92806 Bidder's Telephone Number 714 -630 -3772 Contractor's License No. & Classification C2417912 Class A 8/25/94 S/ John T. Malloy, President Date Authorized Signature & Title P -6 • 9 INSTRUCTIONS TO BIDDERS Page 2 The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS. 1.PROPOSAL 2. INSTRUCTIONS TO BIDDERS 3. DESIGNATION OF SUBCONTRACTOR(S) 4. BIDDER'S BOND (sum not less than 10% of total bid price) 5. NON - COLLUSION AFFIDAVIT 6. TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the Bidder's Bond. The title of the project and the words "SEALED BID" shall be clearly marked on the outside of the envelope containing the documents. The City of Newport Beach will not permit a substitute format for the documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. BIDDER'S BOND shall be issued by an insurance organization currently authorized by the Insurance Commissioner to transact insurance in the State of California, and (2) listed as an acceptable revision of the Federal Register Circular 570. The estimated quantities indicated in the PROPOSAL are are given solely to allow the comparison of bid totals. Bids are to be computed upon the estimated quantities PROPOSAL multiplied by unit price submitted by the bidder. or surety (1) business of surety in the latest approximate, and indicated in the In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). The Contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 35087 A John T. Malloy, Inc. Contr's Lic. No. & Classification Bidder 8/25/94 Date S/ John T. Malloy, President Authorized Signature /Title E Page 3 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. Subcontract Work Subcontractor Address 1. Concrete John Jezowski, Inc., 748 N. Poplar. Orange, CA 97668 (714) 978 -2222 7. 8. 9. 1C 11 12 John T. Malloy, Inc. Bidder S/ John T. Malloy President Authorized Signature /Title BIDDER'S BOND 0 Page 4 KNOW ALL MEN BY THESE PRESENTS, That we, John T. Malloy, Inc. as bidder, and Gulf Insurance Company as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Sixty Thousand and No /100 Dollars ($60,000.00 ), 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 Corona del Mar Water Main and Alley Replacement N0. 2939 Title of Project I Contract No. in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver to said City the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) after the date of the mailing of Notice of Award to the above bounded 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 obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 22nd day of August 1994 . (Attach acknowledgement of Attorney -in -Fact) Theresa I. Bok Notary Public Commission Expires John T. Malloy, Inc. Bidder S/ John T. Malloy, President Authorized Signature /Title Gulf Insurance Company Surety By: S/ Randy Spohn Title: Attorney In Fact ,i. City of Nawport Beach - Malloy BOND 4l GE5636593 page 4 13FDDRtt'C ROND KNOW ALL MEN BY THESE PRESENTS, That we, JOHN T. MALLOY INC. as bidder, and GULF INSURANCE COMPANY as Surety, are held and firmly bound unto th6 City of Newport Beach, Califotnia, in the sum of SIXTY THOUSAND.AND NO /100 ------------------- - - - - -- Dollars` lawful MON&Y of thO United States lot the, payment tit which stun well and truly td be trihde; We bitd otltselVes, Jointly and sevetally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the ptoposal cif the abdvd bounden bidder for the construction of CORONA DEL MAR WATER MAIN AND TTFYRFPTACEMETIT NO 2939 Title of Pro)ect ConnaT No. in the City of Newpport Beach is accepted by the City Council of Bald City, and if the above bounden bidder shalt duly Otter into and execute a contract for such construction and shalt execute and deliver to said City the "Payment" and "Faithful performance" contract bonds described In tkt Specifications within ten (10) days (not including Saturday, SuHday, and Federal holidays) after the dzte of the mailing of Notice of Award to the above bounded bidder by and from said City, then this obligation shall become hull 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 obligAtions under this bond. y IN WITNESS WHEREOF, we hereunto set our hands and seals this 22nd day of AIT(-trcT 19g4-. (Attach acknowledgement of Attorney -in -Fact) I ■ JOHN T. MALLOY, INC. Notary Public Comrnia, Expires I ■ JOHN T. MALLOY, INC. CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of : \ / :_- 11 No. 5907 On On AUGUST 22, 1994 before me, 7th I- BOK, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC - personally appeared RAMY SPOM NAME(Sj OF SIGNER(S) © personally known to me - OR - ❑ to be the person(-&) whose name(&) isA -+F& subscribed to the within instrument and ac- knowledged to me that he /sHeN#ey- exesifted the same in hisihe ei authorized l ° THE^r,ESALe -7( capacity(i�), and that by his4hAr4h@i cJ.0,.�. r;za n signatureH on the instrument the person(&) Jv - NCTN ^Y 4K p GA;:r.:flNIA or the entity upon behalf of which the my Comm, Exove M 5, 1SJ) mu. personH acted, executed the instrument. WITNESS my hand and official seal. jkwa'l � /D4 SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(Sj ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL R❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) GULF INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT ROND TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 -Canoga Park, CA 91309 -7184 GULF INSURANCE CIRPANY KANSAS CITY, MISSOURI POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL. KNOWN ALL MEN BY THESE PRESENTS: That the Gulf Insurance Com- Qany, a corporation duly organized under the laws of the State of Missouri, having its principal office in the city of Irving, Texas, pursuant to the following resolution, adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the 10th day of August, 1993, to wit "RESOLVED, that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attomey -in -Fact, such persons, firms, or corporations as may be selected from time to time; and any such Attorney-in -fact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED, that nothing in this Power of Attorney shall be construed as a grant of authority to the auamey(s)- in -faa to sign, execute, acknowledge, deliver or other- wise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED, that the signature of the President, Executive Vice President or any Senior Vice President, and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby make, constitute and appoint BOND NUMBER GE 5 65 PRINCIPAL: NAME, ADDRESS CITY, STATE, ZIP JOHN T. MALLOY, INC. 2850 E. CORONADO STREET ANAHEIM, CA 92806 EFFECTIVE DATE AUGUST 25, 1994 ( CONTRACT AMOUNT \ $ 600,000.00 $ 60,000.00 RANDY SPORN OF ANAHEIM, CA its true and lawful attomey(s) -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, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, undertakings and documents relating to such bonds and /or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said anorney(s) -in -fact, pursuant to the authority herein given, are hereby ratified and confirmed. The obligation of the Company shall not exceed one million ($1,000,000.00) dollars. W WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. SORANCE p,PR C O 0 GULF INSURANCE COMPANY SOO Q OO ArC` v SEAL STATE OF NEW YORK ) Christopher E. Watson SS President COUNTY OF NEW YORK ) On this 1st day of February, 1994 A.D., before me came Christopher E. Watson, known to me personally who being by me duly sworn, did depose and say; that he resides in the County of Westchester, State of New York; that he is the President of the Gulf Insurance Company, the corporation described in and which executed the above Instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments 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. Nt0 JAF,,. U 041 NOTARL David Jaffa yr �o No. 244958634 STATE OF NEW YORK ) EOF NE`N Qualified in Kings County SS Comm. Expires November 13, 1995 COUNTY OF NEW YORK ) I, the undersigned, Senior Vice President of the Gulf Insurance Company, a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. PSpRANCE C Signed and Sealed at the City of New York. r, ooPPOR,t,O ON S i 0 SEAL ` 4, 9" / Dated the 22nd day of AUGUST 19 94 Lawrence P. Miniter Senior Vice President 0 0 Page 5 NON - COLLUSION AFFIDAVIT The bidder, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths, say that neither they nor any of them have, in any way, directly or indirectly, entered into any arrangement or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever; or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the bidder from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be suggested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomsoever to pay, deliver to, or share with an other person in any way or manner, any of the proceeds of the contracts sought by this bid. John T. Malloy, Inc. Bidder S/ John T. Malloy, President Authorized Signature /Title Subscribed and sworn to before me this 22nd day of August 19 94 My Commission Expires: 9/97 S/ Randy Spohn Notary Public city of Newport Beagh-Malloy Page fl 910 e • :r e The bidder, by it_< officers and %tits or representatives prevent at the time of filing this bid, being duly swotti bn their oaths, say that neither they not any of them have, in any way, directly or indirectly, entered into any arrangement at aggrreement with any other bidder, or with Arty public officer of such CITT OP tdEWPORT BEACH whereby such affiant at AfMants of either of them, has paid or is to pay to such bidder or public offtoat Arty sum of money, or has given or is to give to such _ other bidder or public officet anything of value whatever; or such affiant or AfMants or either of them hag not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from arty subcontractor or motetialman through any bid depository, the bylaws; rules or regulations of which prohibit at prevent the bidder from considering any bid ftotn Any subcontractor or materialman which is not processed through said bid depository, or which prevent Any subcontractor or materialmen from submiHiiig bids to a bidder who does not use the facilities of or accept bids Prom or through sUch bid depd9ttoty; that no inducement of any form of character other than that which appears upon the face of the bid will be suggested, offered, paid or delivered to arty person whomsoever to influence the acceptance of the said bid or awardihg bf the rOnttaCt; nor has the bidder any agreement or understanding of any kind WhAtWe0et with any person whomsoever to pay, deliver to, or share with an other p#tson in any wo• ror manner, any of the proceeds of the mnfracts sought by this bid. 9—BAIA d e t T �Z. A fhoriz Slg+etare /Title Subscribed and Sworn to before me this _day of r 19� IMy Commission 1_xplres: INotary Public I CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County Of ORANGE On AucUsT 22 1994 before me, _ RANDY SPOHN, NOTARY PUBLIC DATE NAME. TITLE OF OFFICER- E.G_ -JANE DOE. NOTARY PUBLIC' personally appeared JOHN T. MALLOY NAME(S) OF SIGNER(S) No. 5907 ® 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 ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their ... RANDYSPOHN si riature(s) on the instrument the person(s), ¢ COMM #983650 < or the entity upon behalf of which the a Noraao e�colu+ CALIFORNIA XI person(s) acted, executed the instrument. f W Come Expires Jan. 29,1997 WITNESS my hand and official seal a� SIG, TURE OF NOTARY OPTIONAL. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TRIES) ❑ PARTNER(S) ❑ .LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUAROIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTTY(IES) GULF INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE • • AM 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. Telephone Year Completed For Whom Performed (Detail) Person to Contact 994 City of Ontario Dpan William '1' ' i John T. Malloy, Inc. S/ John T. Malloy, President Authorized Signature /Title 0 NOTICE Page 7 The following contract documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of mailing Notice of Award to the successful bidder: PAYMENT BOND (pages 8 & 9) FAITHFUL PERFORMANCE BOND (pages 10 & 11) CERTIFICATE OF INSURANU & ENDORSEMENTS (pages 12,13 04) CONTRACT (pages 15 & 16) The City of Newport Beach will not permit a substitute format for these contract documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Payment and Faithful Performance Bonds shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Insurance Companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VIII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty, except as modified by the Special Provisions. All costs associated with the specifications of these contract documents shall be absorbed in the bid. Such specifications shall include those contained in (1) each contract document and (2) the Standard Specifications -for Public Works Construction, except as modified by the Special Provisions. Bond No.: GE5636641 Wium: Included 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 September 12, 1994 has awarded to John T. Malloy, Inc. hereinafter designated as the "Principal", a contract for Corona del Mar Water Main and Alley Replacement Alley No's 34 -B, 35 -B, 36 -B, 44 -A, B & C - P.U.E. Between Dahlia and Fernleaf Avenues and Balboa P ninsula Alley R plagement, nt ct Ro. 2939 in the City of Newport Beach, in strict coneformity with the rawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his or its subcontractors, shall fail to pay for any materials, provisions, or other supplies used. in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We John T. Malloy, Inc as Principal, and Gulf Insurance as Surety, are held firmly bound unto the City of Newport Beach, in the sum of Three Hundred Eighty Thousand Seventy -Five 00 /10(Dollars($ 380,075.00 ) 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 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, 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. i Page 9 The bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this bond as required by the provisions of Section 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 IYas been duly executed by the Principal and Surety above named, on the 15th day of September 19 94 John T. Malloy, Inc. (Seal) Name of Contractor (Principal) Gulf Insurance Company (S^a1) Name of Surety PO Box 5616 Riverside, CA 92517 -5616 Address of Surety -Ran y SpohW, Attorney- in4`act 422 E. La Palma Ave. Anaheim, CA 92807 Address of Agent (714) 524 -4949 Telephone Number of CALIFORNIA ALL- PURPOSAKNOWLEOGMENT State of County of California Riverside On September 15, 1994 before me, DATE personally appeared • NAME, TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC NAME(S) OF SIGNER(S) ❑X 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 ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. RM ALBOK /956255 WITNESS my hand and official seal. C.CA(IfOglyp I // /� n / E CDU6Tr yl ��Ajww n /L J(„ roe Mer.g1996 d/ ( /�I}�,'%'�G //- SIGNATURE OF NOTARY OPTIONAL Na. 5907 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER RTLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL © ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Gulf Insurance Company_ DESCRIPTION OF ATTACHED DOCUMENT Payment Bond TITLE OR TYPE OF DOCUMENT Two NUMBER OF PAGES September 15, 1994 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309 -7184 GULF INSURANCE CCAWANY KANSAS CITY, MISSWRI POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL. KNOWN ALL MEN BY THESE PRESENTS: That the Gulf Insurance Com- pany, a corporation duly organized under the laws of the State of Missouri, having its principal office in the city of Irving, Texas, pursuant to the following resolution, adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the 10th day of August, 1993, to wit: "RESOLVED, that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Anorney constituting as Attorney -in -Fact, such persons, firms, or corporations as may be selected from time to time; and any such Attomey -in -fact may t, removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED, that nothing in this Power of Attorney shall be construed as a grant of authority to the anomey(s) -in -fact to sign, execute, acknowledge, deliver or other- wise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED, that the signature of the President, Executive Vice President or any Senior Vice President, and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby make, constitute and appoint BOND NUMB ( PRINCIPAL: NAME, ADDRESS CITY, STATE, ZIP John T. Malloy, Inc. 2850 E. Coronado St. Anaheim, CA 92806 EFFECTIVE DATE September 15,1994 $ 380,075.00 BOND AMOUNT l$ 380,075.00 j Randy Spohn of Anaheim, California its true and lawful anomey(s) -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, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and m the same extent as if any bonds, undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said anorney(s) -in -fact, pursuant to the authority herein given, are hereby ratified and confirmed. The obligation of the Company shall not exceed one million ($1,000,000.00) dollars. IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. .._ PSoFANCF °o GULF INSURANCE COMPANY U °p,PORgr� 2'v SEAL �SSOJP STATE OF NEW YORK ) Christopher E. Watson SS President COUNTY OF NEW YORK ) On this 1st day of February, 1994 A.D., before me came Christopher E. Watson, known to me personally who being by me duly sworn, did depose and say; that he resides in the County of Westchester, State of New York; that he is the President of the Gulf Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments 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. �tD JAFp U 01VA pP 9 NOTARY m� F�gUG e David Jaffa 9rF yo No. 24-4958634 STATE OF NEW YORK ) °F NE`N Qualified in Kings County SS Comm. Expires November 13, 1995 COUNTY OF NEW YORK ) L the undersigned, Senior Vice President of the Gulf Insurance Company, a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. �SpRANCE C Signed and Sealed at the City of New York. ¢ \ oot"POggrF o�'ay � 2 Dated the 15th day of September dam-- P Lawrence P. Manner Senior Vice President ,19 94 d No.: GE5636641 Y � ium: $7,602.00 Page 10 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California,. by motion adopted September 12, 1994 hasawardedto John T. Malloy, Inc. hereinafter designated as the "Principal ", a contract for Corona del Mar Water Main and Alley Replacement Alley No's 34 -B, 35 -B, 36 -B, 44 -A, B, & C - P.U.E. Between Dahlia and Fernleaf Avenues and Balboa Peninsula Alley Replacement Contract No. 2939 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; Y WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, John T. Malloy, Inc. as Principal Gulf Insurance Company as Surety, are held and firmly found unto the City of Newport Beach, in the sum of Three Hundred Eighty Thousand Seventy -Five 00 /109)ollars($ 380,075.00 ), said sum being equal to 100% of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors, and assigns; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the said contract and any alteration thereof made as therein provided on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. • i Page 11 And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 15th day of September , 1994. John T. Malloy, Inc. . (Seal) n Name _of Contractor (Principal) A _ n . n . , Authorized Signatureland Title Authorized Siena ure and Title Gulf Insurance Company (Seal) Name of Surety PO Box 5616, Riverside, CA 92517 -5616 _ Address of Surety Signa re nd Title of Authorized Agent Randy Spohn, Attorney -in -Fact 4226 La Palma Ave.. Anabipm �(A 92807 Address of Agent (714) 524 -4949 Telephone Number of Agent CALIFORNIA ALL - PURPOSE #11KNOWLEDGMENT State of County of Vlll!tM Siax►1 I•i\T VJ 4UN Of On September 15, 1994 before me, 41IFdtFSA I. DOK, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC' personally appeared RAWY SPOM NAMES) OF SIGNER(S) No. 5907 personally known to me - OR - ❑ to be the persons) whose name($) isFafe. subscribed to the within instrument and ac- knowledged to me that he/ she"hey-e*esl+ter� the same in his4he;1them authorized capacity(iea), and that by histhex4their 'NIA x signatureH on the instrument the person(&), u F E or the entity upon behalf of which the My Cfi T. E!On es l.af. 5, IV's- I person( acted, executed the instrument. WITNESS my hand and official seal. ,- 15X' SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON($) OR ENTITY(IES) Gulf Insurance Company DESCRIPTION OF ATTACHED DOCUMENT Performance Bond TITLE OR TYPE OF DOCUMENT Two NUMBER OF PAGES September 15, 1994 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave.. P.O. Box 7184 • Canoga Park, CA 91309 -7184 a ,.,- �t�::^��* ' �' �t 7:��1ti�Y�- ."�,-�i���1�It'r�►T'� %'�5 ' � �',•`�,+� 09 20 94 COMPANIES AFFORDING COVERAGE PRODUCER COMPANY A Transcontinental Insxtiance LETTER CORf)aT1y Bolton/rGV Insurance Brokers COMPANY E 1100 El UMtro Street S. Pasad Z 91030 LFrmR ?ransnortation Insurance INSURED COMPANY John T. Malloy and John T. LhrmR C CSI' Insurance COMPANY D LETTER Malloy, , Inc., a Joint Venture 2850 E. Coronado St., Bldg. A COMPANY E A�ryim,.C�A 92806 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE USTED BELOW NAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TIE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEWN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS. AND CONDITIONS OF SUCH POLICIES AND IS NOT AMENDED, EXTENDED OR ALTERED BY THIS CERTIFICATE. co POLICY EFFECTIVE EXPIRATION LTR TYPE OF INSURANCE NUMBER DATE DATE ALL LIMITS IN THOUSANDS GENERAL LIABILITY (OCCURENCE BASIS ONLY) GENERAL AGGREGATE S 2,000 A COMMERCIAL x 7792725 10/1/93 10/1/94 PROOIICTSICOM%FTED OPERATIONS AGGREGATE S 1,000 OWNERS OWNERS t CONTRACTORS PERSONAL INJURY S 1,000 PROTECTIVE v CONTRACTUAL FOR SPECIFIC CONTRACT S 1,000 PRODUICTSICOMPLETEO OPERATION EACHOCCURENCE XCU HAZARDS BROAD FORM PROPERTY DAMAGE SEVERABIL#TY OF INTEREST CLAUSE FIRE DAMAGE (ANYONE FIRE) S 50 P.1. WITH EMPLOYEE EXCLUSION MEDICAL EXPENSES $ 5 REMOVED MARINE (ANY ONE PERSON) AUTOMOBILE LIABILITY � ES T $1,000 ANY AUTO S ALL OWNED AUTOS (PER PERSON) ?ER PERSON) SCHEDULED AUTOS 7792726 10 / i/93 10/1/94 JURY INJURY $ HIRED AUTOS (PER ACCIDENT) NON -OWNED AUTOS PROPERTY E S GARAGELIABIUTY A EXCESS LIABILITY EACH AGGREGATE UMBRELLA FOAM M OCCUR OTHER THAN UMBRELLA FORM S S C WORKERS' COMPENSATION STAYIRORY S 1,000 EACH ACCIDENT & EMPLOYERS'LIABILITY 28160031 4/1/94 4/1/95 S 1,000 DISEASE - POLICY LIMIT S 1,000 DISEASE -EACH EMPLOYEE OTHER $ DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIRESTRICTION $!SPECIAL ITEMS: ALL OPERATIONS PERFORMED FOR THE CITY OF NEWPORT BEACH BY OR ON BEHALF OF THE NAMED INSURED IN CONNECTION WITH, BUT NOT LIMITED TO THE FOLLOWING CONTRACT: Project:Corona Del Plar [later .*'lain and Allev Replacement Alley No's 34 -B, 35 -B 36 -B, 44-A B& -P.U. . Be .r Balboa t -2939 ( 1 Of PAOIC A ACT A /BE0. CER'ITFICATE:HOLDER, .. -• ...:': =:. CANCELli"AT10N >_..... ,' . r' ... Alen CITY OF NEWPORT BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON - RENEWED, CANCELLED OR P.O. BOX 1768 COVERAGE REDUCED BEFORE THE EXPIRATION DATE THE COMPANY AFFORDING 3300 NEWPORT BOULEVARD COVERAGE SHALL PROVIDE 00 DAYS MINIMUM ADVANCE NOTICE TO THE CITY OF NEWPORT BEACH BY FIRST CLAS IWL. NEWPORT BEACH, CALIFORNIA 92658 -8915 �IZY ATTENTION: _ —L ?W? zz P.01 CT1Y OF NEWPORT BEACH Page 13 AI7TQMOTfVE LIABILrrY INSLreANCF 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 autps) 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 in'ury 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 kX j Combined Single Limit Bodily Injury Liability and Property Damage Liability S per person $ —per accident $ 1,000,000. The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one accident or occurrence in excess of the limits of liability stated in the policy as applicable to Automobile Liability Insurance. 4. Should the policy be non - renewed, cancelled or coverage reduced before the expiration date thereof, the Issuing Company shall Provide 30 days advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. Corona del Mar Water Stain and Alley Replacement Ally No's 34 -B 5. Desig�nr1ated Contract-35-B, 36-B, 44 -A,B &C P.U.E. Between_nanlia -- Pnrn7AaF 4 —nues and SIR= Peninsula Alley Replacement (Project Title and Contract No.) C -2939 This endorsement is effective 9/14/94 at 12:01 A.M. and forms part of Policy No. 7792 Trar,sportai r (Company ARording Coverage) Insured John T. Malloy, Inc. Endorsement No,_ Issuing Company Bolton/ RGV rn,;_ ;rnk By Authored Represenuri r P. 02 Page 14 CITY OF NEWPORT BEACH GENIRAI LIABrLM INSURANCEINUgAM&EN1 It is agreed that: 1. With respect to such insurance as is afforded by the policy for Central 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 contact 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 the 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,lhls 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 l of this endorsement shall be the limits indicated below written on an "Occurrence' basis: (xA Commercial [ j Comprehensive General Liability $ 11000,000, eachoccurrence y 2,000,000. regate e The applicable limit of the Contractual Liability for the company affording coverage shall be reduced 'by any arn6unt paid as damages under this endorsement in behalf of the additional insured(s). The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to General Liability Insurance. 6. Should the policy be non - renewed, cancelled or coverage reduced before the expiration date thereof,. the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail Attention: Public Works Department Corona del Mar [Pater Main and Alley Replacement alley No /s 34 -B, 7. Designated Contract: 35- R.36- R_44- A.RFC P_11 p. Ret Wepn naiilia and Fprnlpaf Avenues and Balboa Peninsula Alley Replacement (Prooct Tide and Contra No.) C -2939 This endorsement is effective September 14, 1994 at 12:01 A.M. and forms a part of Policy No- 7792725 of Transcontinental Insurance Co. (Company Affording Covengc) Insured Joann. T. Mallov, Inc Endorsement No. Special Producer Bolton /RGV Ins. Brokers By (Authorized Rep uli-c) • • 14A 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." qI 1 S/R'y Date I 2939 Contract Number John T. Malloy, Inc. Name of Contractor (Principal) Authorized Signatu a and Title Corona del Mar Water Main and Alley Replacement Alley No's 34 -B, 35 -B, 36 -B, 44 -A, B & C P.U.E. Between Dahlia and Fernleaf Avenues and Balboa Peninsula Title of Project Alley Replacement Contract No. 2939 5/91 Page 15 CONTRACT THIS AGREEMENT, entered into this Gday of 19?3 by and between the CITY OF NEWPORT BEACH, hereinafter "Ci ;' and John T. Malloy, Inc. hereinafter "Contractor," is made with reference to the following facts: (a) City has heretofore advertised for bids for the following described public work: Corona del Mar Water Main and Alley Replacement Alley No's 34 -B, 35 -B, 36- B,44 -A, B & P.U.E. Between Dahlia and Fernleaf Avenues and Balboa Peninsula Alley Replacement Title of Project Contract No. 2939 (b) Contractor has been 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 escribed public work: Corona del Mar Water Main and Alley Replacement Alley No's 34=6, 35 -B, 36 -B, 44 -A, B & P.U.E. Between Dahlia and Fernleaf Avenues and Balboa Peninsula Alley Replacement Title of Project contract No. 2939 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 Three Hundred Eighty Thousand Seventy -Five Dollars and NO /100 cents ($ 380,075.00 ) This compensation includes (1) any loss or damage arising from the nature of the work; (2) any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work; (3) any expense incurred as a result of any suspension or discontinuance of the work; but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated herein by reference as though set out in full and include the following: (a) Notice Inviting Bids (b) Instruction to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and Endorsements(s) E 7 Page 16 (f) Plans and Special Provisions for Corona del Mar Water Main and Al le Replacement Alley No's 34 -B, 35 -13, 36 -B, 44 -A, B & C P.U.E. Between Dahlia anay Fernleaf Avenues and Balboa Peninsula Alley Replacement C -2939 Title of Project Contract No. (g) This Contract. 4. Contractor shall assume the defense of, and indemnify and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, except such loss or damage proximately caused by the sole negligence of City or its officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. APPROVED AS TO FORM: �imw40', t City Attome CITY OF NEWPORT BEACH a municipal corporation B• Mayor CONTRACTOR: ,'elf � 'f ^ //1/i �•LL 0 ��-� � . Name of Contractor (Principal) 5::1 tr Authorized Signature and F itle -1- uP� Authorized Signature a Title I• J • • September 12, 1994 SGp I CITY COUNCIL AGENDA ITEM N0.-- 16 - - -- �i "i'iiliJCt� TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: CORONA DEL MAR WATER MAIN AND ALLEY REPLACEMENT BALBOA PENINSULA ALLEY REPLACEMENT PROGRAM (C-2939) RECOMMENDATION: Award Contract No. 2939 to John T. Malloy, Inc. of Anaheim, Calif. for the total bid price of $380,075.00, and authorize the Mayor and the City Clerk execute the contract. DISCUSSION: At 11:00 A.M. on August 25, 1994 the City Clerk opened and read the following bids for this project: Bidder Total Bid Price Low John T. Malloy, Inc. $380,075.00 2 Hillcrest Contracting, Inc. $429,165.45 3 Vladimir Popovich $438,171.00 4 Miramontes Const. Co., Inc. $439,155.00 5 Mladen Buntich Const. Co., Inc. $508,731.00* 6 Griffith Company $719,594.25 * Corrected total bid price is $506,481.00 The low total bid price is 17% below the Engineer's estimate of $455,000.00. The disparity between estimated and bid amounts is attributed to an intense competition among contractors caused by scarcity of such work. The low bidder, John T. Malloy, Inc., is a well - qualified General Engineering contractor who has satisfactorily performed previous contracts for the City. This project provides for the replacement of 2,450 lineal feet of water main and reconstruction of alley improvements, as shown on the attached Exhibits "A" and "B ". The replacement water mains will improve domestic water service and provide increased pressure and reliability for fire protection. The water main replacement is part of the continuing program to replace existing SUBJECT: CORONA DEL MAR WATER MAIN AND ALLEY REPLACEMENT BALBOA PENINSULA ALLEY REPLACEMENT PROGRAM (C -2939) September 12, 1994 Page 2 deteriorated mains in the City. The reconstruction of the alley improvements • will facilitate drainage and provide a smooth driving surface. Prior to the alley replacement, sewer connection clean -outs will be installed by City forces to provide for future maintenance of laterals to adjacent houses. The project was bid with an alternative bid item to provide temporary bypass water system for certain alleys. The estimated amount for the temporary bypass in $5,000.00. The Contractor's bid for the temporary bypass was $5,000.00. The Utility Department has elected to award the project on the basis of the Contractor providing the temporary bypass. On June 27, 1994 and August 8, 1994 Council approved exemptions to the Capital Projects Moratorium. The exemptions which allowed the subject project to be bid were "a contract or project which is already substantially underway ", and "on going maintenance and rehabilitation programs ". Also the bulk of the work on the Corona del Mar project consists of water main replacement financed by the Water Fund. Funds for award are proposed from the following appropriations: • Description Account No. Amount Water Main Replacement Program 7501 P500074A $ 56,323.00 Water Main Replace ment- Fernleaf 7501 P500232A 45,000.00 C.d.M Alley Replacement Program 701313301129A 74,039.00 Balboa Peninsula Alley 701413301128A 70,000.00 Replacement Program Street and Alley Reconstruction 7013P301017A 34.713.00 Program Total $380,075.00 The plans and specifications were prepared by the Public Works • Department. All work should be completed by April 15, 1995. Benjamin B. Nolan Public Works Director Attachments LL BALBOA BLVD, ITl w w � � 9 CINADA ALLLI r 2p7 N SEVILLE AV o LO CAT 0 Ooh] ° P N.T.S. BALBOA PENINSULA ALLEY REPLACEMENT PROGRAM (C -2939) C R Tf Y OF NEWPORT SERCH PUBLIC WORKS DEPARTMENT EXFII B I T "B' IL"It 14 Jun 1994 1-'U� N. T- S- I • • July 25, 1994 si i� K CITY COUNCIL AGENDA APPROVED ITEM NO.--?2--- TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: BALBOA PENINSULA ALLEY REPLACEMENT, AND CORONA DEL MAR WATER MAIN AND ALLEY REPLACEMENT (C -2939) RECOMMENDATIONS: 1. Rescind the June 27, 1994 authorization to open bids for Contract No. 3001 on July 14, 1994. 2. Affirm the Categorical Exemptions of Environmental Impact. 3. Approve an exception to the capital projects moratorium. 4. Approve the plans and specifications for the project. 5. Authorize Staff to advertise Contract No. 2939 for bids. DISCUSSION: On June 27, 1994 the City Council approved the plans and specifications for Contract No. 3001 and authorized the City Clerk to advertise for bids to be opened on July 14, 1994 (see attached staff report dated June 27, 1994 for Balboa Peninsula Alley Replacement). At the same meeting, the City Council approved a resolution adopting the budget for FY 1994 -95, with the provision that there be a partial moratorium on General Fund capital expenditures until a determination has been made as to how the State's budget will impact the City. Accordingly, Contract No. 3001 was not advertised, even though it was programmed in the F.Y. 1993 -94 budget. Staff has now completed preparing contract documents for another phase of water main and alley replacement in Corona del Mar (see attached sketch). Inasmuch as the Balboa Peninsula and the Corona del Mar projects are of a similar nature, Staff feels that they should be combined into a single contract and advertised for bids. The effect of combining the contracts into one should be 1) less total project costs due to economy of size, and 2) reduced staff time to administer contracts. 0 0 SUBJECT: BALBOA PENINSULA ALLEY REPLACEMENT, AND CORONA DEL MAR WATER MAIN AND ALLEY REPLACEMENT (C -2939) July 25, 1994 Page 2 With respect to the moratorium, the Council's action provided an exception for "a contract or project which is already substantially underway ". inasmuch as these projects were budgeted in F.Y. 1993 -94, and the plans and specifications were completed before the moratorium was established, it is felt they qualify for an exception. In addition, the bulk of the work in the Corona del Mar project consists of water main replacement financed by the Water Fund. The main replacements will result in reduced water main maintenance needs and increased pressure and reliability for fire service demands. The alley replacements will result in reduced pavement maintenance needs, better drainage and smoother driving surfaces. The 1994 -95 budget contains carryover appropriations to construct the alley and water main replacements. Staffs estimated construction costs are $70,000 for the Balboa Peninsula alley replacement, and $261,000 and $124,000 for the Corona del Mar water main and alley • replacements, respectively. Adequate funds are available in the carryover appropriations to award a contract for these combined amounts. Categorical Exemptions of Environmental Impact have been prepared by Staff and approved by the Environmental Affairs Committee. Upon affirmation, the Exemptions will be filed with the County Clerk. a,4 � 63 a Benjamin B. Nolan Public Works Director LD:so • Attachments • E 0 0 June 27, 1994 CITY COUNCIL AGENDA ITEM N0.__ 33 y TO: CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: BALBOA PENINSULA ALLEY REPLACEMENT (C -3001) RECOMMENDATIONS: 1. Affirm the categorical exemption of environmental impact. 2. Approve the plans and specifications. 3. Authorize the City Clerk to advertise for bids to be opened at 11:00 a.m. July 14, 1994. DISCUSSION: This project provides for the removal and replacement of approximately 10,000 square feet of asphalt alleys on Balboa Peninsula Point, as indicated on the attached sketch. The replacement of the these alleys will facilitate drainage and provide a smooth driving surface. The Engineer's construction estimate is $70,000. Sufficient funds to award this amount are available in the Balboa Peninsula Alley Reconstruction Program appropriation. A categorical exemption has been prepared by staff and approved by the Environmental Affairs Committee. Upon affirmation, the exemption will be filed with the County Clerk. The plans and specifications were prepared by the Public Works Department. All work should be completed by December 15, 1994. Benjamin B. Nolan Public Works Director SL:so �C� C A -i I�C��7 ► �M1A \F� CITY OF NEWPORT EERCH EXTII B I T "A " 1' 1" 14 Jun 1994 N. T. S. Authorized to Publish Advertisements of all kindeuding public notices by . Dccree of the Superior Court of Orange County, California. Number A6214, September 19, 1961, and A•24831 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) SS. 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 PUBLIC NOTICE or interested in the below entitled matter. I umT;N sos :9 am a principal clerk of the NEWPORT Sealed the tmy be fib City Cl et the ofice of Newport City Clerk, at 3300 Newport BEACH -COSTA MESA DAILY PILOT, a Boulevard, P.O. Box 17689 Newport Beach, Ca. M A.M. off newspaper of general circulation printed and 8915 urdil "each, . off b P the 25th day of AUGUST) published in the City, of Costa Mesa, County 1994; at which time suoa bids shall be opened and read for CORONA DBb of Orange, State of California, and that MAR' WATER MAIN AM Y ALL REPLACEMENT attached Notice is a true and complete copy ALLY NO.S 34.8, 35.89 as was printed and published on the 911E EEN' DAHLIA PAND P P BARNLO AVENUES IOIIOWfng dates: ALLEY REPLACEMENT, CoaVact Number 2fS9, Ent gineer's Estimate 6455.0004 Approved by the Chy • Council this 25th day of July, 1994 .9 Wands E. Raggle� City Clerk 'G Prospective bidders may obtain one set of bid docut ments at no =at at the tiee of the Public Works. July, 29, 1994 Department, 3300 Newport, Boulevard, P.O.,Box -1769. August 2, 1994 Newport Beach, CA 82658:. 8915. For further infomiatlong call Stephen Luy,_Project Manager, at 644.3311. Published Newport Beach -Costa Mae& Pilot July 29, August 1994. _^ I declare, under penalty of perjury, that the foregoing is true and correct. Executed on August 2 r 199 4 at Costa Mesa, California. Signature • Ll By THE CM June 27, 1994 CITY OF NEVVPC,3T :L...,.. CITY COUNCIL AGENDA iIIN j ITEM NO.---12--- TO: CITY COUNCIL --------- QV�p FROM: PUBLIC WORKS DEPARTMENT SUBJECT: BALBOA PENINSULA ALLEY REPLACEMENT (C -3001) RECOMMENDATIONS: Affirm the categorical exemption of environmental impact. 2. Approve the plans and specifications. 3. Authorize the City Clerk to advertise for bids to be opened at 11:00 a.m. July 14, 1994. • DISCUSSION: This project provides for the removal and replacement of approximately 10,010 square feet of asphalt alleys on Balboa Peninsula Point, as indicated on the attached sketch. The replacement of the these alleys will facilitate drainage and provide a smooth driving surface. The Engineer's construction estimate is $70,000. Sufficient funds to award this arnount are available in the Balboa Peninsula Alley Reconstruction Program appropriation. A categorical exemption has been prepared by staff and approved by the Environmental Affairs Committee. Upon affirmation, the exemption will be filed with the County Clerk. The plans and specifications were prepared by the Public Works Department. All work should be completed by December 15, 1994. 0 2/4C Benjamin B. Nolan Public Works Director SL:so • • BALBOA BLVD. t w y ll� ALIT, Y r 2p7 N sEyILLE AV o LOCA O Owl MAP N.T.S. CITY ®F NEWPORT BERG -0 PUBLIC WORKS DEPARTMENT EXHIBIT ""A"" •I 14 Jun 1994 SC11E N. T. S.