Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
C-2976 - Oil Field Operations, Storm Drain Improvements
RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk .41 7 City of Ne rt Beach 3300 Newpor Boulevard Newport Beach, CA 92663 JiEe@ # `F(aVVice_ [tj f '1;_ ..a!i L. ur ?:,Vile; I. �'k- ;i@Cut'det" "Exempt from recording fees rl. to Government Code SectionQ.._ NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and David T. Wasden Inc. 3220 Star Canyon Circle, Corona, CA 91720 as Contractor, entered into a Contract on March 13, 1995 Said Contract set forth certain improvements, as follows: Oil Field Operations Storm Drain Improvements Project (C -2976) - located in the City of Newport Beach County of Orange Work on said Contract was completed on May 10, 1995 , and was found to be acceptable on July 10, 1995 by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is TIG Premier Insurance City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of `fly knowledge. Executed on �c ,xe Z, A99-(�7 , at Newport Beach, California. s�Fr a BY i y Cleric ?r,: it i J, C %p • ! CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 October 2, 1995 David T. Wasden, Inc. 3220 Star Canyon Circle Corona, CA 91720 Subject: Surety: Bond No.: Contract No.: Project: (714) 644 -3005 TIG Premier TPI3893750 C -2976 Oil Field Improvements Insurance Company Operations, Storm Drain Project The City Council of Newport Beach on July 10, 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 September 7, 1995, Reference No. 95- 0390072. Sincerely, Wanda E. Raggio City Clerk WER:pm cc: Public Works Department 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH. CA 92658 -8915 September 6, 1995 County Recorder's office P.O. Box 238 Santa Ana, California 92702 (714) 644 -3005 Enclosed is the following docimmnt for recordation and return to the above -named office: NOTICE OF COMPLETION - Oil Field Operations, Storm Drain Improvements Project (C- 2976). Sincerely, • Wanda E. Raggio City Clerk 3100 Newnort Boulevard, Newport Beach CITY OF NEWPORT BSEACH July 14, 1995 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 County Recorder's Office P.O. Box 238 Santa Ana, California 92702 (714) 644 -3005 Enclosed is the following docuient for recordation and return to the above -named office: NOTICE OF COMPLETION - Oil Field Operations, Storm Drain Improvements Project (C- 2976). Sincerely, L +���G�� Wanda E. Raggio City Clerk 3300 Newport Boulevard, Newport Beach Y OF= NGE OFFICE Of THE COUNTY CLERK Memorandum TO: I Of N eQ ,2 jQrl SW DATE : 0 GARY L- GRAN1ryLy,E COUNTY CI.ERKgEWROER TELEPHONE (2141 y -224 W IL !ROADWAY P.O. BOX =11 SANTA AHA, CA W702 SUBJECT: Environmental Impact Reports - Amendment of 'Public Resources Code, Section 21092.3• ':'he attache: Notice received, filed, and a c--Dv was posted. on it remained ucsted for 30 (thirty) cafe =da= T -. days. Ga=,r L- Gra- nv ='_?e County Clerk of the State of Cal -?o a Ln c for tye�Cc Cy of Orance. Bv: L , Deputy 0 Rescu=e C: de ^'_09 � . "lie hot -ces reruir°r pursuant to Sect -ens 21080.4 and 21092 for ap- ev r!:!rmenra '..mpact renol- shall be ocsC°= -n the of °-ce of tie County Cle*_c of each count_i * * *in wnica the project wi11 be located and shall rcamain posted for a oeriod of 30 days. The not 21C reaui red_vur -r to Section 21092 for a aecative dec' a2C .on shall be so oosted for a oeriod of 20 days Unless otherwise revu4red by law to be posted for 30 days. 1ie Counc`r CieTY sha.l- post ROC'Ces wit_`!_n 24 hours OL Te- ze;Dt. ?!-,uric ?esou=se Cz.de 27->52fc) l not_Ces ` =1°r Oursuanc =c chis se =._ion sha__ be al/a__able ublic insueczioc, and ce Ocsre- ; w=th_A 24 nour5 ^= _°_CO1_pC h the OL'.0 °_ Of the CpuIlt -f Cie---*--. a-Ch IloC'_Ce shall =ema.in posh^. for a period Of --0 days - 1'hereafr -r, the C'_erk cha1_-1 return t -e nOt1C° to ttie lOC2!. load ac_encv `r' wltn c :lOCcC10n of the period It was oested, The local --° =d ace:C7 s:a -- =eca.n the accice for act less t`an -__^_ mcnc_ls. RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk -� ?, 7/ t. Cityy of Ne trt Beach 330D Newpor Boulevard Newport Beach, CA 92663 0 POSTED FILED JUL 171595 J U L 7 1995 G02!!!& Ckalc GARY L RA ILLE, Clerk•Recorder / DEP�Y BY DEPUTY "Exempt from recording fees pursuant to Government Code Section -6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and David T. Wasden, Inc., 3220 Star Canyon Circle, Corona, CA 91720 as Contractor, entered into a Contract on March 13, 1995 Said Contract set forth certain improvements, as follows: Oil Field Operations, Storm Drain Improvements Project (C -2976) - located in the City of Newport Beach, County of Orange Work on said Contract was completed on May 10, 1995 and was found to be acceptable on July 10, 1995 by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is TIG Premier Insurance City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on s10% `An Newport BY • , at • is • 0 1906 0 July 10, 1995 CITY COUNCIL AGENDA ITEM NO. SIB TO: Mayor & Members of the City Council FROM: Public Works Department SUBJECT: OIL FIELD OPERATIONS, STORM DRAIN IMPROVEMENT PROJECT CONTRACT ACCEPTANCE (CONTRACT No. 2976) MZeZi)i vUDAMiJ Y_l(_]�7►I1( 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion for Contract No. C -2976 on behalf of the City. 3. Authorize the City Clerk to release the bonds, 35 days after the Notice of Completion has been filed and recorded in accord with the applicable provisions of the California Civil Code. DISCUSSION: The contract for construction of the subject project has been completed to the satisfaction of the City's Public Works Department. The contract was performed by David T. Wasden, Inc., of Corona. Total Bid Price $ 43,452.24 Change Order No. 1 $ 1,073.76 Change Order No. 2 $ 1,648.00 Total of Authorized Change Orders $ 2,721.76 Total Contract Cost $ 46,174.00 Two change orders were issued in the amount of $2,721.76. A summary of the work items provided under each of the two change orders follows on the next page: 0 r Page 2 Oil Field Operations, Storm Drain Improvement Project Contract Acceptance July 1&, 1995 Change Order No. 1: $1,073.76 • Provided for bid quantity increases to items related to the loss of production for the contractor's excavation procedure due to interfering water, gas and abandoned utility lines not specified on plans. Change Order No. 2: $1,648.00 Provided for bid quantity increases to items related to the excavation, backfill and compaction of two areas due to a malfunction in the oil production lines. This contract provided for construction of concrete ribbon drain, concrete drain, catch basin, reinforced concrete pipe, manhole and oil well curb and chemical pot base at the City of Newport Beach Oil Fields; All work under the contract has been satisfactorily completed by the contractor. • Funds for the project were provided from account number 7231- P426053A. Staff recommends approval and acceptance of the work. - Respectfully submitted, Gt%ki Michael J. Sinacori, P.E. (Acting) Utilities Manager TD:mjs • 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 (714) 644 -3005 C U ZZ; ' cGAL TO: PURCHASING /FINANCE DEPARTMENT Y' / FROM: CITY CLERK DATE: April 28, 1995 SUBJECT: Contract No. C -2976 Description of Contract Oil Field Operations, Storm Drain Improvements Project Effective date of Contract March 13, 1995 Authorized by Minute Action, approved on March 13, 1995 Contract with David T. Wasden, Inc. Address 3220 Star Canyon Circle Corona, CA 91720 Amount of Contract $43,452.24 Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach ✓I NOTICE INVITING BIDS Sealed bids shall be delivered to the office of the City Clerk, 3300 Newport Boulevard, Post Office Box 1768, Newport Beach, California 92658 -8915 until 2:00 o'clock p.m, on the 14th day of February 1995, at which time such 'bids be opened and read for Oil Field Operations, Storm Drain Improvements Project Title of Project 62976 Contract No. $51,000 Engineer's Estimate F, C 3 %,��Q FO Ar/ Approved by the City Council this 23rd day. of January, 1995 Wanda E. W 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 Post Office Box 1768, Newport Beach, California 92658 -8915 A mandatory pre -bid conference and site visit will be held at 2:00 p.m. on the 7th day of February, 1995. The Engineer will meet with prospective bidders at the site to explain the Project and to answer questions. For further information, call Michael J. Sinacori at 644 -3011. Project Manager • INSTRUCTIONS TO BIDDERS Page 2 The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS. L 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 or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). The Contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 430907 A, C -34 Contr's Lic. No. & Classification 2/7/95 Date D. T. W.. Inc. Bidder S/ David T. Wasden, President Authorized Signature /Title • • 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 Items Copeland Const. 11462 Brackenfern Ct., 2. Victorville, California 92392 7. 10. 1 12. David T. Wasden, Inc. Bidder S/ David T. Wasden, President Authorized Signature /Title • • Page 4 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, David T. Wasden, Inc. as bidder, and TIG Premier Insurance Company as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten Percent of Amount Bid Not Exceed Four Thousand Five Hundred & 00 /100 Dollars ($ 10% of Amount Bid Not to Exceed $4,500.00 ), 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 Oil Field Operations, Storm Drain Improvements Project, C -2976 Title of Project Contract No. in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver to said City the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) 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 10th day of February 1995. (Attach acknowledgement of David T. Wasden, Inc. Attorney -in -Fact) Bidder Julia B. Lucio S /David T. Wasden, President Notary Public Authorized Signature /Title July 28,1998 TIG Premier Insurance Company Commission Expires Surety By: S /John A. Ruiz John A. Ruiz Title: Attorney -In -Fact • • 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. David T. Wasden, Inc. Bidder S /David T. Wasden. President Authorized Signature /Title Subscribed and sworn to before me this 12th day of FebruaW.1995. My Commission Expires: 5 -22 -95 S / Louis A. D'Alessandro, In Notary Public 9 • Page 6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed OetaW Person to Contact Teleyhone No. 1993 Giangregorio Const. Grant (818) 337 -1248 1995 Giangregoria Const. Jim Slater (818) 337 -1248 1995 Inland Empire Fire & Safety Mike (909) 591 -0816 David T. Wasden, Inc. Bidder S /David T. Wasden, President Authorized Signature /Title 9 NOTICE 0 Page 7 The following contract documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of mailing Notice of Award to the successful bidder: PAYMENT BOND (pages 8 & 9) FAITHFUL PERFORMANCE BOND (pages 10 & 11) CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 12,13 &14) CONTRACT (pages 15 & 16) The City of Newport Beach will not permit a substitute format for these contract documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Payment and Faithful Performance Bonds shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Insurance Companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VIII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty 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. j' it KNOW. ALL by motion ad has atv rded hereinafter d in! ti as the. 'T I I if tty of Newport Beahl tia and other contract of N wport Beach; 'HE AS, said Principal term thereof require tht antr t; OW, THEREFORE, We, _ I an Su 'ty, 4 held Wand firmly �46r -I�'t}ixie �ourl li ndred fi s, said um be ng equal to 100% c the 'said Ci or its certain atto: well'�hd tr ly made, we bind successors ;o assigns; jointly any THE CONDTPION OF bounden Pr ncipal, his or its he shall 'in all kings stand to and covenants, onditions, and al j f there Iof ma eras therein provid 1 the tfine an In the manner th true. intent and meaning, ant Newport B ach, its! officers an shal ! beco a null and void; ott i I Tv .;rtsu_kwy P.F. _ 9e9_ 3.Z t_.Z.Q27. That P.04 TPI3893750 page 10 Premium Amt. $1303.57 Issued in quadrupicate City of Newport Beach, State Of California, !ipal °, a cont act for 011 Eield Operation,.; j In trict Ic nforml y with the D awings and trits o file in a office of the ity Clerk of i i as 4xecute or is about to execute aid contract rn>ahing o a bond for the faithful performance I 3 j avi T. W sden Inc. I i I A u Lto the ity of Newport Beach, t the stun of —tw 2 Dollars ($ 43 452. 4 se el timate amount of the contract to be paid to Y, i SUC6 sors, and assigns; for 'ch payment rsei es, ouf heirs, executors and a ministrators, ."rally, fi ly by these presents. [IS OBLIG TION IS SUCH, that if the above , executors,ladministrators, succes8qrs, or assigns, Ide by, and well and truly keep 21), perform the aments in he said contract and }tty alteration on s or tl elr part, to be kept anc� performed at in s fiec}, and in all respects according to their hall I indenlntfy and save harmless the City of %ens, as therein stipulated, then this obligation Vise . it shal remain in full force an virtue. I i l I i CAL� DOND SU�R; ET INSUANCE 909 371.2027 P.65 • Page 11 II I And sa d Surety, for valu received, h reby stipulates and ag ees that no angel extension of time, alteratiii its orl additions to the terms of the cDAtract or to work to be performed there I der .or : to the specifications accompanying the me shall in any wise affect its op igations on this,bon; d, and it does here.by waive ticel f any uch change, exiensiO i of !time,: . teraftons or additions of the contract to the work or to the specificati tts. the event' that any pri eipal abov named executed this bo�td as an dlvidtaal, it is, agreed that the death 9 any s ch pr ctpal shall not xonerate the trety from s ?obligations undef this is b nd i j INS rinctpal an it i I II I ; I II i I• ij u I ' 11 i s � I; I I i l { I �I I: I i I i c I i i ,I I � I I� i i 1 I ; I i I� i I. I is ttstrutn1ent hasj been duly exe uted by the ..on t ] 1 :h day of Aril 19a. I i v asde Inc.__ (Seal) I Na C tr (Princpai) 01 Au 1 oriaed Signature and Title I I A orized Signature end Tills I i i /\ I i V T G Pr mier Insurance Comoa I / L YN9 me of Surety - V 3887 C�licago Ave., Riversid l Ai idress of Surety John A Ruiz Attorn -in -Fa (Seal) I � S' tature and Title of Au riz Agent 13387 Chicago Ave., avers de, CA 92057 dress of Agent ( 09)' 82 -272"2 j lephone Number of Agent i' I I i CALIFORNIA ALL- PURPOSAKNOWLEDGMENT State of CALIFORNIA County of RIVERSIDE On April 11, 1995 before me, TAMRA PONTI, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC' personally appeared JOHN A. RUIZ , NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ to be the person( whose name(po is /aye subscribed to the within instrument and ac- knowledged to me that he /sheftMy executed «—� the same in his /berift-heir authorized =« `A capacity(Ws), and that by his /4ef4heir i signature4) on the instrument the personK), . i ; or the entity upon behalf of which the 7 person'%A acted, executed the instrument. WITNESS my hand and official seal. �cErrrc�a pw_& &ONATURE OF NOTARY OPTIONAL No. 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 ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL © ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENRTY(IES) TIG Premier Insurance Company DESCRIPTION OF ATTACHED DOCUMENT Performance Bond TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 1 11, 1995 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE I 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 E! i lif and a ten that Yf said materials, pp of the wor] the S rety NO ?: THE !! as ]'rintipa jl as S cIe�ty,'4 F0 Y & 6aid Bum Newport 1 madel we assigns, joi i TH1 the INSURANCE 90!9 371 2027 P.02 TPI 899750 Premi m included in performance Page Bond amount 2 !;I BY THOSE ]?REyI N' q, That ii i I i: 8, the City Council 'f the City o Newport Beach, State of alifornta, pted has i I signate as the''Trin�i al,, a contr ct for V I tjf Ne pnrt :Beach, in IOtrict I d fortuity with the Ara inge and and other contract ocurhents on le In the office of the City Clerk of wport )each; RAS,: said Principal axecuted r is about to execute said contract `therao� require the f nllswng of bond with said contract, providing rind al or an of his or its su nttactors, shall fail to ay for any :visa ns )or other supplie'used in, upon, for, or about the ferfortnance agreed tb be done, or for any wor or labor done thereon c f any kind, this bond will pay tjte salve to th extent hereinafter set for h. EFORI?;�We David 'i. �asden, Inc. G Premeierllnsurance om an I� � Ijli a'. held firmly bound I IIn,, to ho City f New ornt Beach, in the um of thousand fbu'•'h�lpdrid fi£t =twc p y�}5�� 43 452.2 , uig equal to: ° 100 %, f the estlm ted amount payable by the City of rch undler the terms f the mntis t.for which payment w 11 and truly ind ourselves, our,h irs, rxecuto s' and administrators, s cce.ssors, or and severally, firm }y by these. CONDITION OF 1 Incipal o t his subcor ies, used in, upon, f< or foray other wo Jnernolo meet Insui of Suret es will pay i the bo d, and also, eo, to be fixed by; the Codeol the State Of `i Ii i [S OBLIGATION IS SUCH, that i the above cto fail t pay for any materials, visions, or or Obout the performance of the w contracted or 1�bar thereon of any kind or for i mounts due ce Code wl respect to such work or labor, that t4 same, in an aMount not exceec Ing the sum cas* suit is brought upon the bond, a reasonable ourt as required by the provisions of Section 3250 1! #orllia. I I f ; II Ii ALBONW S si bond! shall inure re nr:c raticit s!,entitle to file cu to;glye a ri ght of action to ther required lb V I the provisioni of And said Surety, forVal- exte:nslon 'time; alterations o be perform d thereunder or th a Ct its I o ligations on this bo ETY .1 F4SU;ZANCE 909 371 2027 P.03 I. Page 9 he b4nefit of my and all person companies, and Lind f SeC on 3181 of the Californ a Civil Code so as r tassi in any suit brought -Apon this bond as ction,' 3247 et seq, of the Civil Code of the State of W, h' �reby stipulates and ag s that no change, ins to the terms of the contra d or to the work to .Cation; accompanying the sam � shall in any wise It dogs hereby waive notice o: any such change, ins toithe terms of the contras or to the work or A fn t eloveilt that any principal wove if is agr.eec tlh�at.flriel death Of any suchi prini obligations under this bondf,:: IN VITNE S WHE 13.1; this i strument h ur: ty abo e named, on the I th d7 6ri D Vd A Of med executed this bo kt as an individual, al shall not exonerate he Surety from its been duly executed by the Principal and Inc. (Seat) Mihorizet I S4n& and Title jAkk;lZed SIPAture and Title mier Insurance Compamy (Seal) Arety �3871C]iicago Ave., Riverside, CA 92507 ..I . S' toe d Title of At 0 Ruiz Attorney ct er icako Ave., Ri 13871C er d CA 92507 82-2722 .4umber of Agent CALIFORNIA ALL- PURPOSSCKNOWLEDGMENT • State of CALIFORNIA County of RIVERSIDE On April 11, 1995 before me, TAMRA PONTI, NOTARY PUBLIC DATE NAME. TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC" personally appeared JOHN A. RUIZ , NAME(S) OF SIGNER(S) ® Aene personally known to me - OR - ❑ to be the person(V whose name( is /a);o subscribed to the within instrument and ac- _„ knowledged to me that he /sheAhey executed a 1/kNI to F'(?1NI tT a the same in his /herlt-laeir authorized „(A capacity(iwtqs), and that by his /ke# their z j signature(2f) on the instrument the person %), ra.14 1M ` -( or the entity upon behalf of which the person"\R 21 acted, executed the instrument. WITNESS my hand and official seal. jCC11m -a An-u- SIGNATURE OF NOTARY OPTIONAL No. 5907 Though the data below is not required by law, it may prove valuable to persons retying 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(S) OR ENTITY(IES) TIG Premier Insurance Company DESCRIPTION OF ATTACHED DOCUMENT Payment bond TITLE OR TYPE OF DOCUMENT (2) NUMBER OF PAGES it 11, 1995 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 TIG Premier Insurance Company Administrati Office: Battle Creek, Michigan 001579 4ENERAL POWER OF ATTORNEY 6 GPA Power Of Attornev valid onlv if numbered in red: Know All Men by These Presents, That TIG Premier Insurance Company, a corporation duly organized and existing under the laws of the State of California, and having Its administrative office in Battle Creek, Calhoun County, Michigan, does by these presents make, constitute and appoint RUIZ of RIVERSIDE and State of CALIFORNIA its true and lawful Attorney(s) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver CONTRACT BONDS (S.B.A. GUARANTEE AGREEMENT ) - MAXIMUM PENALTY 1,000,000.00 OTHER CONTRACT BONDS - MAXIMUM PENALTY $175,000.00 ALL OTHER BONDS - MAXIMUM PENALTY $25,000.00 THIS POWER OF ATTORNEY SHALL TERMINATE AND BE OF NO FURTHER EFFECT AFTER DECEMBER 31, 1995" and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s) -in -Fact may do in the premises. Said appointment is made under and by authority of Section 35 of the bylaws, as amended, and duly adopted by the Board of Directors of the TIG Premier Insurance Company. "Be It Resolved, that the President, any Vice - President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any or more suitable persons as Attorney(s)- in -Fact to represent and act for and on behalf of the Company subject to the following provisions: "Section 1. Attorney -in -Fact Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity, consents of surety and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." In Witness Whereof, TIG Premier Insurance Company has caused these presents to be signed by its VICE PRESIDENT and Its corporate seal to be hereto affixed this 21ST da OCTOBER AD., 19 94 TIG PREMIER IINN�SJUR CE COMPANY State of Michigan rJ JULY n OV. 1 0 0 BY County of Calhoun 1841 _sr On this 21ST da "c1fJ- ER in the year 1994 before me CY J. RAYMOND a notary public, personally appeared JOAN H. DILLARD , personally known to me to be the person who executed the within instrument as VICE PRESIDENT on behalf of the corporation therein named and acknowledged to me that the corporation executed it NANCY I. RAYMOND NauNY PUBLIC, CALNOUN COUNTY MI MY COMMSEION BxPiea! MAR. l3. 098 v V Notary Public I, the undersigned Secretary of TIG Premier Insurance Company hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effect And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of Section 30 of the bylaws, as amended, and duly adopted by the Board of Directors of the TIG Premier Insurance Company and that said Section 30 of said bylaws has not been amended or repealed as of the date hereof; "Resolved, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of the Corporation, may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be valid and binding upon this Corporation." GIVEN under my hand and the seal of said Company, this 19 95 THIS POWER OF ATTORNEY EFFECTIVE ONLY IF ATTACHED TO BOND NO.TP13893750 11th day of April ctt, Pce, Secretary 30024 C 01-94. Dennis, Mayer & Leach Innairance Services, Inc. P.O. BOX 11110 Canoga Park, CA 91309 David T. Wasden, Inc. 3220 Star Canyon Circle Corona CA 91720 ANY RITFICNTE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUEJECF TO ALL THE TERMS, CLUMONS AND CONDITIONS OF SUCH POLICES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAD) CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFT. POLICY a. LIMITS Pi I I DATE (MMIDDAT) DATE (MMM" JA I GENERAL LIABILITY I GLA119166 I i/17/95 1117/96 GENERAL AGGREGATE 1000000 JMSMAD9 [j]OCC. • CONTRAC]"S PROT AUTO OWNED AUTOS AUTOS WNEDAUTOS M LIABILITY PROD-COMP/01' AGO. DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE PW. A ADV. INJURY POLICIES BELOW EACH OCCURRENCE 1000000 COMPANIES AFFOWNG COVERAGE COMPANY LETTER A Colonia Insurance Co. COMPANY B FIR TM - COMPANY C LETTER COMPANY LETTER D COMPANY E LETTER ANY RITFICNTE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUEJECF TO ALL THE TERMS, CLUMONS AND CONDITIONS OF SUCH POLICES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAD) CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFT. POLICY a. LIMITS Pi I I DATE (MMIDDAT) DATE (MMM" JA I GENERAL LIABILITY I GLA119166 I i/17/95 1117/96 GENERAL AGGREGATE 1000000 JMSMAD9 [j]OCC. • CONTRAC]"S PROT AUTO OWNED AUTOS AUTOS WNEDAUTOS M LIABILITY PROD-COMP/01' AGO. 1000000 PW. A ADV. INJURY 1000000 EACH OCCURRENCE 1000000 FIRE DAMAGWO. FIN) iffm COMBINED SINGLE LIMIT BODILY INJURY (Par PwaXo BODILY rquzy (P.satlaanl PROPERTY DAMAGE EXCESS LIABILITY H UMBRELLA FORM I 1 1 :�C� OTHER THAN UMBRELLA FORM 'X. 14... AND, EMPLOYERS LIABILITY OTHER DESCRIPTION OF ITEMS All operations of the named insitmil including but no limited to: Oil Field Operations, Storm Drain Improvements, Contract No. C-2976. EACH ACCIDENT DIBBAaB LILY LIMIT DISRASZKACH EKP. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSMNG COMPANY WILLXTROM MAIL 30 DAYS VVRM79N NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE City of Newport Beach P.O. Box 1768 3300 Newport Blvd. 92) AUTHOR= RKF;n71NTAXX L/�' Newport Beach, CA 92658-8915 A M�II �a • t11.1 -►tom: It in agreed than 2. The policy includes the following provision '"The insurance afforded by the policy spplin sTaratel to each insured agetnst whom claim is made or suit is brought, except with respect b the halts df the liability aft company affording coverage: 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terns, 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 Hearn. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, perlalhing to the explosion hazard,Ah td underground property hazard (commonly referred to as lrawrds) an deleted. S. The limits of liability under this endorsement for the additional insureds) named in paragraph I of this endorsement shall be the limits indicated below written on an "Occtureit& basis: [X) C.ouunercial [ 1 comprehe wive General Liability $ 1,000,000 each occurrence g 1,000,000 aad,00c hence The applicable limit of the Contractual Liability for the company affording coverage shall be reduced try any amount paid as damages under this endorsement in behalf of the additional insured(s). The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to General liability Insurance. 6. Should the policy be non - renewed, cancelled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beads by registered mail, Attention: Public Works lkpartment 7. Designated Contract Oil Field Operations. 5torm DraiipjMprovementx. r -2976 (rmlca Ttde and canna NO This endorsement is effective APRIL 7_1__1995 at 1201 A.M. and forma a put of Pollcv No. GLA (Company Affording Covenge) hibtised DAVID T. WASDEN orseale:�t P.W.,em DENNIS, MAYER & LEACH .�. 0 • Page 14 CITY OF NEWPORT BEACH GENERAL LIABILITY INSURANCE ENDO . EMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for General Liability, the City of Newport Beach, its officers and employees are additional insureds but only with respect to liability arising out of operations performed by or on behalf of the named insureds in connection with the contract designated below or acts and omissions of the additional insureds in connection with its general supervision of such operations. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, except with respect to thehmits 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 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 I of this endorsement shall be the limits indicated below written on an "Occurrence" basis: [ ] Commercial[ ] Comprehensive General Liability occurrence $ each occurrence The applicable limit of the Contractual Liability for the company affording coverage shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insured(s). The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to General Liability Insurance. 6. Should the policy be non - renewed, cancelled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department 7. Designated Contract: Oil Field Operations, Storm Drain Improvements. C -2976 (Project Title and Contract No.) This endorsement is effective at 12:01 A.M. and forms a part of Policy No. of (Company Affording Coverage) Insured Endorsement No. Producer By: (Authorized Representative) _ STATE P.O. B04j0807, SAN FRANCISCO, CA 94142 -0807 COMPENSATION I N SU RAM a FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE POLICY NUMBER: CERTIFICATE EXPIRES: - FE 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 upon ten days' advance written notice to the employer. We will also give you TEN days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. PRESIDENT F- EMPLOYER _,�.� _ ....._....� .u., y.:. __ POLICY HOLDER'S COPY CITY OF NEWPORT BEACH P.O. BOX 1768 3300 NBWPORT BOULEVARD NEWPORTBEACN.CALIFORNIA 9USS4915 ArrwnON:MIC ILA EL S. STNA ORI Y OF THE ABOVE DESCRIBED POLICIES W 140H.RINEW60. CANCELLED OR REDUCED BEFORE THE EXPIRATION DATE THE COMPANY AFFOROW SMALL PROVIDE 30 DAYS MW WUM ADVANCE NaP0610 MOTV OF 1=11 DATE '4i Nall A4 47& - 1 `41 /w V -1�� PROD=UCALBOND SURETY INSURANCE AGEN Y COMPANIES At- WitUING CUVBRAGB -11026 W. SIXTH ST., #20� i PO BOX 1748 (91718) COMPANYA LBTTBR FMPTggF R MAaTUF rNGrrTreNrl COMPANY l. 8 CORONA, CA 91720 (909) 371 -8147 ! IniMRaD DAVID T. WASDEN, INC. LLZWER COMPANY .3220 STAR CANYON CR. CORONA, CA 91720 COMPANYD LETTER COMPANY B LETTER . COVERA .....w,. ... . , .. _ .,. .r. . TMS IS TO OMM THAT POLICIES OF WBUPANCE LISTED 06LOW MAVE SEEN ISSUED TO THE WIRED NAMED ABOVE FW TM POKY MRIOO W WATI0. NOTIMTNSTANODIO ANY REOUIRIMENT, TERM OR CONOMON OF ANY CONNIACT OR OTMA DOCUMENT WITH RISPICT TO WNCH reW CERTL9CATE MAY BE WSURD OR MAY PEWAW. THE WSURANCS AFFORWO BY THE POUGIS DESCWYSO MIRIW m WEE= ALL THE T'11WB. E cCLU&Or. ANDCONDIDONI OF WM FOUM AND IB NOT WINDED. EXTENDI00R ALTPAID BY I" CPATIFM:AT'L 00 T YPB OF INSURANE IC NUM BPW r p �O N DATE ALL Lads B+T HOUSANDS GENERAL LIABILITY (060UMN=&om ONLY) BTIALAOORNnATB aE f' m OFEMTIDMSApyrOATE $ ODMMEIIGAL C011PR6tVt OWMEASSOONTRAOIORB 101110ye IYI CONTRAOfl & FOR 1PIOV10 PIRIOPIAL0WITY $ IACMOCCUF NCI TXXrTRAOT PRODY 700OWUMOPIPATION , .ou MATARDB s STIDAD POIW PawwTV OAIIAw SEYERABIm OP NTIRESTCLAUSI P. L wmN EMPLOYEE 1E0LUBIDH " NIeANOV1D MARIA Mao" IXN4PIs" (ANYONIPorm" $ AUTOMOBILE LIABIUTY LIMT $500,00 'A= ALL OVRM AMOS 4/0.7/95 04/07/96 BOOILYDWWRY s MR KRSOFO A scmKOUL"Aums mKDAUTCS CL527095 PGRAYCCIO&M $ NONOWNBO AUTOS OAIIA01 UABAITY s EACH A66FAILTI EXCESS LIABILITY UMBRELLA FORM OTM6R THAN uMBRELLA POIW s $ ETAnNInMw WORKERS' COMPENSAnON t i s IADH AOCIDENT S owma+ou uwr EMPLOYERS' LIAB11 M s DISWE{ACH 9MPLOM OTNBR �— 1 _ I s DEBCRIP oN OP OPPAAToatoCATIONINEHXXEWPMT SVV.IAL ITEMS: ALL OP MTIONS PBRFOIYAID FOR THE OITV OF NEWPORT 11ACH BY OR ON BEHALF OF TH1 NAMED WSIMI) I'W�NNECTION WITH BUT NOT LMM TO THU FOLLO"OONTRACT: CITY OF NEWPORT BEACH P.O. BOX 1768 3300 NBWPORT BOULEVARD NEWPORTBEACN.CALIFORNIA 9USS4915 ArrwnON:MIC ILA EL S. STNA ORI Y OF THE ABOVE DESCRIBED POLICIES W 140H.RINEW60. CANCELLED OR REDUCED BEFORE THE EXPIRATION DATE THE COMPANY AFFOROW SMALL PROVIDE 30 DAYS MW WUM ADVANCE NaP0610 MOTV OF 1=11 DATE Y • =UATIM W 1. With respect to such insurance as is afforded by the policy for Automobile Liability, the City of Newport Beach, its officers and employees ale 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 printery 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 to brought, except with respect to the limits of liability of the company affording coverage.,, 3. 'tire limits of liability under this endorsement for the additional insureds named in paragraph I. of this endorsement shall be the limits Indicated below for either Multiple Limits or Single Limit: ( 1 Multiple Limits Bodily Ugwy Lirbility si Per Person Bodily Injury Litlbillty ----per accident Pruparty Dsmai;: Liability D1 1 Combined Single Limit Do"y Injury Liability $500,000. and I Property Damao Liability The limits of liability as stated in this !endorsement stuali not increase the total liability of the company affording coverage for all damages as the result of any osne 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, cance1114d or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 dayiadvance notice to the City of Newport Beach by registered mail, Attention: Public Works Department.' 5. Designated Contract. Oil Field Ooerittinns. Storm T)raip ImRrnyemgnnts. C- 92 76 (Plojax Tito sad Coolract No.) This endorsement is effective 4/7/9 5 ; at 121 A.M. and forms part of Policy No, lrayed_ DAVID WASDEN INC: b6ui%Company_ CA 1.R0Nn 7NR11RANrPg AGEN Affordiaa Covers.) GEORGE 9fflt'CNFIEL, CIC i • • Page 15 CONTRACT THIS AGREEMENT, entered into this 13th day of March 19 95 , by and between the CITY OF NEWPORT BEACH, hereinafter "City," and David T. Wasden. Inc.. hereinafter "Contractor," is made with reference to the following facts: (a) City has heretofore advertised for bids for the following described public work: Oil Field Operations Storm Drain Improvements C -2976 Title of Project Contma No. (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 described public work: Oil Field Operations Storm Drain Improvements C -2976 Title of Project contract No. which project is more fully described in the contract documents. Contractor shall perform and complete this work in a good and workmanlike manner, and in accordance with all of the contract documents. 2. As full compensation for the performance and completion of this work as prescribed above, City shall pay to Contractor the sum of Forty -three Thousand Four Hundred Fifty -two & 24/100 ( $ 43.452.24 ) 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) • • Page 16 (f) Plans and Special Provisions for Oil Field Operations, Storm Drain Improvements, C -2976 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: ,a A� City Attorney CITY OF NEWPORT BEACH a municipal corporation By. 4 Mayo3 T f CONTRACTOR: I)AV)D T, v4A50EN INe . ame of Co Princt a P Authorized Signature and Title Authorized Signature and Title Page 17 WORKERS' COMPENSATION INSURANCE CERTIFICATION " I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Date C -2976 Contract Number -( AV i9 77 \4ASOrcN Mc- Name of Contractor (Principal) Authorized Signature and Title Oil Field Operations Storm Drain Improvements Title of Project March 13th, 1995 CITY COUNCIL AGENDA ITEM NO. to BY THE CITY CrIII'.�!L CRY OF NEWKriT d -'c P.CH TO: Mayor & Members of the City Council FROM: Utilities Department MAR 1 3 1995 SUBJECT: CONTRACT FOR OIL FIELD OPERATIONS, APPRQVED STORM DRAIN & DRAINAGE IMPROVEMENT PR (CONTRACT NO. C -2976) RECOMMENDATIONS: 1. Find that the apparent low bidder, Seismo Engineering Contractors, is not the "lowest responsible bidder." 2. Reject the bid of Seismo Engineering Contractors. 3. Find that the second low bidder DTW, Inc., is the "lowest responsible bidder." 4. Award Contract No. C -2976 to DTW, Inc. in the amount of $43,452. 5. Authorize the Mayor and the City Clerk to execute the contract on behalf of the City. DISCUSSION: At 2:00 p.m. on February 14th, 1995, the City Clerk opened and read bids for the subject project. A summary of the results are listed below and a more detailed itemized bid summary is attached as Exhibit "A ": Rank Contractor /Bidder Total Bid Price low Seismo Engineering Contractors $39,330 2 DTW, Inc. 43,452' 3 Ronald L. Harris Construction 45,974 4 UrbanTec Engineers, Inc. 47,780 5 Atlas- Allied, Inc. 53,913 6 SRD Construction 56,862 7 JDC, Inc. 61,319 8 Los Angeles Engineering, Inc. 63,535 9 Ken Thompson, Inc. 66,170 10 KDC Engineering Construction 69.250 11 Miramontes Construction Co.. Inc. 82,895 • corrected bid total Eleven bids were received. The lowest responsible bidder submitted a bid price of $43,452, that was ($7,548) 15% below the Engineer's Estimate of $51,000. This is primarily due to the current competitive construction market. 0 PROJECT DESCRIPTION: E Page 2 Oil Field Operations Storm Drain Improvement Project Award of Contract (C -2976) March 13'°, 1995 The proposed project provides storm drain and surface drainage improvements at the City's Tidelands Oil Field in West Newport. The project includes construction of approximately 5,000 square feet of reinforced concrete ribbon drain, 100 linear feet of 18 -inch storm drain and concrete drain curbs around the 13 City oil wells at the site. The project is necessary to prevent storm related flooding from transporting any oil present in the well cellars, to the storm drain system that leads to the Siminouk Slough. Currently, rainwater flows across the Tidelands Oil Well Site without drain gutters. The existing storm drain connection draining the site is inadequately sized. The proposed new storm drain improvements will convey the majority of the storm water directly into the large box culvert adjacent to the site, in Coast Highway. Additional concrete ribbon drains and well cellar curbing will prevent the oil well cellars from flooding and from potentially spreading the oil contained in the cellars. THE LOW BIDDER: The low bidder, Seismo Engineering Contractors, of Long Beach, is a general contractor. This company has previously completed projects for Coastline Community College, Cal State Fullerton, and CalTrans. Reference checks on their recent projects revealed a number of comments not favorable to their ability to perform work in an efficient manner. In fact, every reference that staff contacted, indicated Seismo's quality of work was somewhat less than average, or indicated their scope of work tasks were not the type of work involved in this proposed contract. They have not done work for the City of Newport Beach or any other municipality in the area, nor have they performed the specific type of construction required by this contract. In addition, the representatives from Seismo missed almost all of the mandatory pre -bid meeting. They arrived with less than five minutes remaining in the hour long meeting. This meeting was made mandatory and was deemed important to enable the contractors to understand the project site and the potentially hazardous conditions they would be working in and around. Staff notified Seismo Engineering Contractors of their unresponsiveness to the City Contract, page 6, Technical Ability and Experience References. Instructions for this page read: "The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed." Seismo provided references related to seismic retrofit projects and building remodeling projects both of which required work of a character unrelated to the storm drain improvements associated with this proposed project. 0 # Page 3 Oil Field Operations Storm Drain Improvement Project Award of Contract (C -2976) March 13'", 1995 Seismo was notified that all but one reference they provided failed to recommend them as a responsible contractor to the City. Staff gave Seismo the opportunity to submit additional references for work of a similar character. Ample time was provided for them to submit this additional information. They responded with a letter listing the same references contained in their original bid. Seismo was contacted again. The comments from the references they provided to the City were clearly explained. A summary of the reference statements included; poor quality concrete work; un- responsiveness to site inspectors; repairs needed after completion of work; extensive time overruns; disputes over liquidated damages; inability to deliver required materials; poor site management; unsafe traffic control; utilization of non -union or unqualified labor and violation of the prevailing wage payment specifications required by contract. Staff reiterated the request that they provide additional references for work of a character similar to the City's proposed project. After further discussion with staff, Seismo disclosed that they were not able to provide additional references. Seismo asked the City to allow them to rescind their bid without the City filing a claim against their surety for the bidder's bond. Staff discussed the contractor's offer with the City Attorney, and determined it to be acceptable. SUCCESSFUL BIDDER: For the reasons discussed, staff recommends rejecting the bid of the "apparent low bidder ", Seismo Engineering Contractors, and recommends award to the lowest responsible bidder, DTW, Inc. of Corona. References for D`1W, Inc., had favorable comments about the firm's ability to perform the required work and verified that it had done work of a similar nature successfully. DTW's insurance policies and bidder's bond meet the City's requirements. Staff believes that they will be able to complete the proposed work satisfactorily. PROJECT COSTS & SCHEDULE: The lowest responsible bidder's price for the proposed project was $43,452. This price is 15% below the Engineer's Estimate of $51,000. Funds for the project were approved as part of the 1994 -95 Oil Field Tidelands Operations Capital Project Budget, under Account No. 7231 - P426053A. The estimated time of completion for the project is 60 calendar days. The project specifications require the contractor to complete the work within this time - frame. The City's project schedule proposes that the contractor commence construction in late - March. The project should be completed by late -May 1995. 0 CONCLUSION: Page 4 Oil Field Operations Storm Drain Improvement Project Award of Contract (C -2976) March W, 1995 The bid price from the "lowest responsible bidder" is favorable in that it is well below the construction cost estimate. Staff believes the contractor, DTW, Inc., can complete the project satisfactorily and recommends award of the contract. Respectfully submitted, l EC+ �A^�64RT Jeff Staneart, P.E. Utilities Director Attachments: Exhibit "A ": Bid Summary mjs:gv n O A A m 0 n r 0 0 omn -� ozO m DI 3x a1°= y z j �'nOin m y .. o > r In o 31 ti IN :� o � o IV v 13 i m m o I D < N �'N O � ;.o z AID' X13: N. I� N rZ o' I 13 y m m i IN 1 I \' IN I O z m m� ,a 0 DOT N �m z ^9 y 0 m O W m m J N N A (V N+ jj7 3 w m m o 0 m =M S Q 2 m y a m p � m w m w N o m 9 a n 0 3 v - s ig n 7J n o o f Z d m d m 0 c D Z C M 0 0 0 o N N m S S(Sp(Sp(Sp(Sgo N f^ O O N 8 S S O O O O S S S O S O O Z N �p jp C 3 per» q S IV S V T S m fT m F» D 'y 8 O N 0 �O [gyp � Z l3 °^ S W S p O O N J y 3 {q (q (q (p O NS tA0 O (Jll C O N+ aN Z A 8 P 88 S S O O n p D n N (y A (q A (q N N N (p 4) A O N 4V1 A V N N O N C S O p N p A p O p p p A r C C _ S p O O N S O J J '� W S S S S S S S S m A N I (NJ pIpT S S Op SN I 8 0 pO 0 pN 0 pO 0 pO 0 pN 0 pO 0 omn -� ozO m DI 3x a1°= y z j �'nOin m y .. o > r In o 31 ti IN :� o � o IV v 13 i m m o I D < N �'N O � ;.o z AID' X13: N. I� N rZ o' I 13 y m m i IN 1 I \' IN I O z m m� ,a 0 DOT N �m z ^9 y 0 m O W a v m n �ZO.� 02 mz-�m VI O n U� S p ry 3 � N O v 0 c, 3 o v o mio m N N { m m o . D <j j0 O R I� C I � j I y [ri ei O N I I - j3 rn i I I IN I r I I I I 1 O mz �rn d� >0 y�1 I��yy .l. W m> 2 D m ,N O Iw i I m 3 D O a g m m 0 m 0 o 0 0 0 3- nm n 31 m m � m 3 o�i O c D z C m (n D U T T W T T Z 0 m N g o (p 5A5�� S m m C i m m ag8g((gppos�i+ PP7i EAm 8 V N N N A5�� Ny J O 5 y S S S S S O O O assess°° a (O 4pl VI N �+ A (O O N 8W 8A O a O a e O J N Z Z U oo�S'a V n O ae�'i� � m D " O] U A N U (J J O O V f9 E9 40 Z O pN� O O ((per Q Q {fpAj . (q m p fT O O O I�� W fSA fSA [J fSA � yU fSq (�p�pp11 N Q 8T8 8W8 (I(�yyi qqO 888Z0808 A. i c� 8$8$$$88 y m 4Uj W N (p A (�i] (�J � N O N 0 0 _W 0 I z S S S (ll v m n �ZO.� 02 mz-�m VI O n U� S p ry 3 � N O v 0 c, 3 o v o mio m N N { m m o . D <j j0 O R I� C I � j I y [ri ei O N I I - j3 rn i I I IN I r I I I I 1 O mz �rn d� >0 y�1 I��yy .l. W m> 2 D m ,N O Iw i I �z-zim 3m 10 C o N S: o � n d o � N A O �O I V;9 m 0 I� 3 N IN m m r O D < NIO Q ,!o Z A3 N C m o I 3 m m i N' i� IOC ,1 mz Lm n O My �n D O m W I I ro m m v N N> 41 N n g 2 m n o. O O ( N O Fn o. O f Z m O D Z (J N O N O T (n D m T T (A T T z 0 0 m 52 55 XX���'i 5�Q Z Z 3 8 N C 8 O O S o O 0 o O 0 O 0 0i 0 0 i bS N ffAA H NpANp Z JC $$Njj ((!!�� sgssssso 3 D 8 o zF x 4$�� 82500 1m 8$ 8 8 8 8 8 8 � D 4 25 8 4 o ZfO-. g ssssssss i x 8 0 0 0 z Z_ 3 8.8 8 8 8$ 8 8 m D 888.. + 25 R 52 41 A<n pm z o O Z� C z 1 D 3 O C Z �z-zim 3m 10 C o N S: o � n d o � N A O �O I V;9 m 0 I� 3 N IN m m r O D < NIO Q ,!o Z A3 N C m o I 3 m m i N' i� IOC ,1 mz Lm n O My �n D O m W I I ro TO: FROM: SUBJECT: 0 0 January 23`d, 1995 CITY COUNCIL AGENDA ITEM NO. 9 Mayor & Members of the City Council Utilities Department TIDELANDS OIL FIELD OPERATION STORM DRAIN & SURFACE DRAINAGE IMPROVEMENTS (CONTRACT NO. 2976) RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Authorize the City Clerk to advertise for bids for construction of the project. a. Bids to be opened at 2 o'clock in the afternoon (2:00 p.m.) on Tuesday, February 14th, 1995, at the office of the City Clerk. DISCUSSION: JAN 2 31995 The proposed project provides storm drain and surface drainage improvements at the City's Tidelands Oil Field in West Newport. The project includes construction of approximately 5,000 square feet of concrete ribbon drain, 100 linear feet of 18 -inch storm drain and concrete drain curbs around the 13 City oil wells at the site. The project is necessary to prevent storm related flooding from transporting any oil present in the well cellars, to the storm drain system that leads to the Siminouk Slough. Currently, rainwater flows across the Tidelands Oil Well Site without drain gutters. The existing storm drain connection draining the site is inadequately sized. The proposed new storm drain improvements will convey the majority of the storm water directly into the large box culvert adjacent to the site, in Coast Highway. Additional concrete ribbon drains and well cellar curbing will prevent the oil well cellars from flooding and from potentially spreading the oil contained in the cellars. Plans and specifications were prepared by the civil engineering firm of Kenneth I. Mullen, Consulting Engineering, Inc. of San Clemente. Project construction will be performed by private contractor. Utilities Department forces will assist the contractor by performing temporary piping removals around the oil wells, while the cellar curbing is constructed. Page 2 Oil Field Storm Drain Improvements Authorization to Advertise for Bids January 23, 1995 The Engineers' Estimate for the project cost is $51,000. A distribution of costs is indicated in the table below. Funds for the project were approved as part of the 1994 -95 Oil Field Tidelands Operations Capital Project Budget, under Account No. 723 1 -P426053A. Engineers' Cost Estimate Item Amount 5,000 square feet of concrete ribbon $30,000 Storm drain catch basin 4,000 Storm drain manhole junction structure 2,200 18 -inch RCP storm drain 4,500 Paving, site clean-up, & repairs 2,500 Concrete oil cellar curbing 7,800 Total Estimated Cost $51,000 The specifications provide for completion of the work within 60 calendar days from the date of the award of the contract. The City proposes to commence construction as soon as is practical. If the City awards the contract, immediately after bids are received, the completion date will be early May, 1995. Staff recommends approval. Respectfully submitted, -JEFF- StaN kAaT Jeff Staneart, P.E. Utilities Director JS: sdi Authorized to Publish Advertisements of all kinrluding public notices by Decree of the Superior Court of orange County, California, Numbef A -6214, September 29, 1961, and A-24831 June 11, 1967. 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 or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH -COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City.of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: January 26, 31, 1995 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on January 31 It 94 5 at Costa Mesa, California. Signatu e C` J Wanda E. Ra49b, LM Clark .' Prospective bidders mi obtain one sat of bid doc msnts at nc- -.cost at the ( 8ce of the Publish Wort Department 3300 Nswpc Boulevard, P.O. lsox '178 Newpost Smir, Celifom 9208-MIS. . A mandatory pre-bid coi ferenca and site vla8 w be held at 2:00 p.m. on it 7th day of February, 19s The Engineer will moot sh prospective bidders at th site to explain the Pro)at and to answer questions. For further inform stim can Michael J. Sinaeod i (714) 644.7011. Published Nowpor Beach -Coats Mesa Dail Pilot January 26, 31,1995: Th69