HomeMy WebLinkAboutC-2984 - Ocean Front Street End Construction; Orange Street Asphalt Walkwayi 0
CITY OF NEWPORT BEACH
June 26, 1995
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Damon Construction Company
455 Carson Plaza Dr., Unit F
Carson, CA 90746
Subject: Surety: Reliance Insurance Company
Bond No.: B2443003
Contract No.: C -2984
Project: Ocean Front Street End Construction
Program; Orange Street Asphalt
Walkway
The City Council of Newport Beach on May 22, 1995, accepted
the works 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
June 1, 1995, Reference No. 95- 0233260.
Sincerely,
Wanda E. Raggi�
City Clerk
WER:pm
cc: Public Works Department
3300 Newport Boulevard, Newport Beach
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk, �W /-�.
Cit ofwpNe art Beach
Newport Beach, CAe92663
1-1
0 . 5 -..
-� -'0: .li I, C'1 11"1 +yi
V. J
"Exempt from recording fees ur a
to Government Code Section
:g -
NOTICE OF COMPLETION f,� ✓�� ^. r.a
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 33 N rlU�S
r'b
Boulevard, Newport Beach, California, 92663, as Owner, a �QFAC
Damon Construction Company, 455 Carson Plaza Dr., Unit F, Carson, CA £
Contractor, entered into a Contract on October 27, 1994
Said Contract set forth certain improvements, as follows:
Ocean Front Street End Construction Program; Orange Street Asphalt Walkway
(C -2984) - located in the City of Newport Beach, County of Orange
Work on said Contract was completed on March 14, 1995
and was found to be acceptable on May 22, 1995
by the City Council. Title to said property is vested in the
Owner, and the Surety for said Contract is Reliance Insurance
Company, 505 No. Brand Blvd., 11770, Glendale, CA 91203
BY
u is or s irec or
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and
correct to the best of my knowledge.
Executed on
Newport Beach, California.
BY / /i�fL�_ X2
iry uier
at
1�
I
OFD
•
CITY Tt;e Ev : May 22, 1995
P TY OF NEVVPQRT C" = ':H
MAY ? 2 1995 CITY COUNCIL AGENDA
F
ITEM NO. 17
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: ACCEPTANCE OF OCEAN FRONT STREET END IMPROVEMENT
PROGRAM, C -2984.
RECOMMENDATION:
1. Accept the work.
2. Authorize the City Clerk to file a Notice of Completion.
3. Authorize the City Clerk to release the bonds 35 days after the Notice
of Completion has been recorded in accordance with applicable
•portions of the Civil Code.
DISCUSSION:
The contract for the construction of street end improvements between 42nd
and 46th Streets; and the construction of an access walkway at Orange Street has been
completed to the satisfaction of the Public Works Department. The contractor was Damon
Construction Co. ofG*meaa-, (�2ZLiL,
Bid Price: $132,054.50
Actual Unit price items constructed: 133,109.50
Total Change Orders: 33,541.46
Final contract cost: $166,650.96
The increase in the amount of the unit price items constructed resulted
primarily from an increase of curb and sidewalk placed at the various street ends.
A total of six (6) change orders were issued to complete the project. A
• summary of the change orders are as follows:
1. Change Order No. 1: $2,172.01, provided for the installation of 12
parking meter posts at several street ends.
2. Change Order No. 2: $955.46, provided for the repair of existing
planter wall block caps.
0 6
SUBJECT: ACCEPTANCE OF OCEAN FRONT STREET END IMPROVEMENT
PROGRAM, C -2984.
May 22, 1995
Page 2
3. Change Order No. 3: $1,483.19, provided for the installation of 5
back -flow preventers at the street ends.
4. Change Order No. 4: $27,000.00, provided for the removal of existing
wall planters; and construction of new wall planters, concrete landing,
ADA drinking fountain, irrigation modifications, relocation of palm
trees and planting of shrubs at Orange Street.
5. Change Order No. 5: $828.21 provided for the removal of unforeseen
debris in trench areas.
6. Change Order No. 6: $1,102.00 provided for the installation of an
aluminum railing at 44th Street.
Funds for the project were budgeted in the Ocean Front Street End
Improvement fund, Account No. 7013P301014A.
The contract completion date was January 3, 1995. Due to extra work and
inclement weather, the project was not completed until March 14, 1995.
O)l
Don Webb
Public Works Director
HH:so
•
r:
•
0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
M- 274
T0: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: October 27, 1994
SUBJECT: Contract No. C -2984
Description of Contract Ocean Front Street F,nd Construction
Program: Orange Street Asphalt Walkway
Effective date of Contract October 27, 1994
Authorized by Minute Action, approved on October 10, 1994
Contract with Damon Construction Co.
Address 455 Carson Plaza Dr., Unit F
Carson CA 90746
Amount of Contract $132,054.50
GC/LL %j� 6e
Wanda E. Raggio oUv
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
•
•
TO:
FROM
•
SEP 2 6 i99r_ !
f
September 26, 1994
CITY COUNCIL AGENDA
-i3
MAYOR AND MEMBERS OF THE CITY COUNCIL
PUBLIC WORKS DEPARTMENT
OCT 1 01994
SUBJECT: OCEAN FRONT STREET END CONSTRUCTION PROGRAM; ORANGE
STREET ASPHALT WALKWAY (C -2984)
RECOMMENDATION:
Award Contract No. 2984 to Damon Construction Co. of Carson,
Calif. for the total bid price of $132,054.50, and authorize the
Mayor and the City Clerk execute the contract.
DISCUSSION:
At 11:00 A.M. on September 8, 1994 the City Clerk opened and
read the following bids for this project:
Bidder Total Bid Price
Low Damon Construction Co. $132,054.50
2 Nobest, Inc. $176,723.40
The low total bid price is 1.6% above the Engineer's estimate of
$130,000.00.
The low bidder, Damon Construction Co., is a well - qualified
General Engineering contractor who has satisfactorily performed previous
contracts for the City.
The Ocean Front Street End Improvement Program provides for
the construction of 5 street end improvements between 42nd and 46th Street
and a pedestrian walkway at Orange Street. The proposed improvements
include the construction and replacement of 7,200 square feet of roadway,
3,000 square feet of sidewalk improvements, 610 linear feet of curb, 2,150
square feet of asphalt walkway at Orange Street and construction of a remote
control irrigation system to be connected to an existing irrigation controller
at 56th Street. Locations are shown on Exhibit "A ". The Orange Street
walkway is shown on Exhibit "B ", and a typical street end street is shown on
Exhibit "C ".
E
SUBJECT: OCEAN FRONT STREET END CONSTRUCTION PROGRAM; ORANGE
STREET ASPHALT WALKWAY (C -2984)
September 26, 1994 •
Page 2
Per an agreement with the California Coastal Commission, the
City is committed to constructing a pedestrian walkway at Orange Street and
at least 3 street end improvements per year, until all 33 unimproved Ocean
Front Street Ends in West Newport are improved. Funding is derived from the
collection of annual oceanfront encroachment fees. The first five street end
improvements were constructed between 37th and 41 st streets last year. The
Oceanfront Encroachment Program was adopted by the City and approved by
the California Coastal Commission three years ago.
Funding for award is available from the following appropriation:
Description Account No. Amount
Ocean Front Street End 701313301014A $132,054.50
Improvement Program •
The plans and specifications were prepared by the Public Works
Department. All work should be completed by December 15, 1995.
�4't�411 Vim` �4
Benjamin B. Nolan
Public Works Director
SL:so
Attachments
•
ZA A n
i °n z< v�
An mP'1 C
Km n y
m n Az
�x ro a
m
m Ojc �uzi
�n z�
Eo yr z
m
V A ti
z
m of
mm v
K f-1 ti A A
r � v
m
r 9n 9
-c r
n
izi �i r x
rAi °o A
Qg� z
N
m
O
O ill
� m
A 9
0 0
m
o A
m
O
7
'T..I
D
z
m
m
mV
Zl � a1 N O N
ti 0 T a a
OJ
H -
Z
H
O
I�
I�
• � O e
tl O p N rN n O
N .aN 6 4 4' 6' IV LA
3 +85 2,
IX. n,
POLE TF1 a
OCEAN FRONT
Ij
-o
� 6
o_
�.
0 00 ,
Z C� :JCCL7 =C C]Ci_C7 =� =Ca
/0
' *S
r 1 +52
EXHIBIT "B"
•
•
C]
•
n n vn pn
ZO AoZ A
N N
�< q�p
2 2 mmD m0
n n Ulr yfyl
n n
Z O n XD
o ra n n
m
m
A
U A
n
n
m D
yyy
n A
4� n
n n
A fr'1 !l Z
� CA fAl
no i
Pi m n
m
m
An�X
og A
z�n m
No Z ti
O m (n
�ti to
m A
�= m
°x
n+n _
r �
� n
r�
D D
n
0
�J
1n\
\•J
l E
u^
•
-c D;D(-)
n 11 uc
w 0 •m
�+aro
NO
MH
OCEAN FRONT
i
A
O /
n m
rx
Z�
ar
nr
r
a
s C
e I e
ti
z
a 'A\
1 l
m
n
9
AA
I
JC
D
x
o
Z n
D
o
to
a
`-
]J•
z
Z
A
$
D
�p
2
Z
i
=
a
r
r
o
�
-
a
g
m
A
mocnm
y
A
m
0
�J
1n\
\•J
l E
u^
•
-c D;D(-)
n 11 uc
w 0 •m
�+aro
NO
MH
OCEAN FRONT
i
A
O /
n m
rx
Z�
ar
nr
r
a
s C
e I e
ti
z
a 'A\
1 l
B
9 +76.00 BCR o
�Is m JOIN
O
10 +00 _
INT. p
O
I� I
a 1
,L� I
EXHIBIT "c "
m
n
I„
it
mocnm
m
yr
i1b
m ro
yt,
Ino
m�
�I
MM
m
n
X
ITI
� -
0.5' M
10"
„
n
B
9 +76.00 BCR o
�Is m JOIN
O
10 +00 _
INT. p
O
I� I
a 1
,L� I
EXHIBIT "c "
CITY CLERK
Sealed bids may be received at the office of the City Clerk,
at 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, Ca. 92658 -8915
until 11:00 A.M. on the Sth day of SEPTEMBER, 1994,
at which time such bids shall be opened and read for
61'143'afl-&I 1,33 01WAVI W1 FA
7
F
Title of Project
?2$4
Contract Number
$130,000
Engineer's Estimate
1:1- 1 FORT%
Approved by the City Council
thjs,/ d�,�� August, 1994
WandaF,r taggio
City Clerk
Prospective bidders may obtain one set of bid documents at no cost at the
office of the Public Works Department, 3300 Newport Boulevard, P. O. Box
1768, Newport Beach, CA 92658 -8915.
For further information, call Stephen LuX, Project Manager, at 644 -3311.
PR 1.1
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
42nd, 43rd, 44th, 45th and 46th STREET,
STREET END CONSTRUCTION
ORANGE STREET ASPHALT WALKWAY
CONTRACT NO. 2984
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92659 -1768
Gentlemen:
The undersigned declares that he has carefully examined the
location of the work, has read the Instructions to Bidders, has
examined the Plans and Contract Documents, and hereby proposes to
furnish all materials and do all work required to complete this
Contract No. 2984 in accordance with the Plans and Contract
Documents, and will take in full payment therefore the following
unit price for the work, complete in place, to wit:
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
1. Lump Sum Mobilization and traffic control
@ Five Thousand Dollars
and
No Cents $ 5,000.00
Per Lump Sum
2. 610 Const. Type "B" P.C.C.
Linear Feet curb
@ Fifteen Dollars
and
Cents $ 15.00 $9,150.00
Per Linear Foot
3. 525 Construct P.C.C. driveway
Square Feet approach
@ Four Dollars
and
Fifty Cents $ 4.50 $ 2,362.50
Per Square Foot
f
PR 1.2
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
4. 440 Construct P.C.C. driveway
Square Feet approach with thickened edge
@ Five Dollars
and
No Cents $5.00 $2,200.00
Per Square Foot
S. 2,700 Construct P.C.C. sidewalk
Square Feet
@ Fnor Dollars
an
No Cents $ 4.00 $ 10,800.00
Per Square Foot
6. 260 Construct P.C.C. landing
Square Feet with thickened edge
@ Six Dollars
and
No Cents $ 6.00 $ 1,560.00
Per Square Foot
7. 1,520 Remove exist. and construct
Square Feet P.C.C. alley approach
@ Six Dollars
and
Fifty Cents $ 6.50 $ 9.880.00
Per Square Foot
8. 7,200 Construct P.C.C. roadway
Square Feet
@ Three Dollars
and
Fifty Cents $3.50 $2500.00
Per Square Foot
9. 5 Const. H.D.P.E. curb drain
Linear Feet
@ Fifty Dollars
and
No Cents $ 50.00 $ 2 so, 00
Per Linear Foot
10. 300 Const. Slump Stone Block
Linear Feet Wall
@ Forty -one Dollars
and
No Cents $ 41.00 $12 ,100.00
Per Linear Foot
' • • PR 1.3
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
11. 5
Const. 1" Water Service
Provide and Install
Each
Each
@ Six Hundred
Dollars
and
@ Thirty -Five
Dollars
No
Cents $ 600.00
$3,000.00
Per Each
and
12. 5
Provide and Install
1"
No
Each
Water Meter Box
$3,500.00
@ One Hundred Fifty
Dollars
14.
and
Provide and Install
Multi -
No
Cents $150.00
$ 750.00
Each
Per Each
13.
100
Provide and Install
Each
5- Gallon Plants
@ Thirty -Five
Dollars
and
No
Cents
$35.00
$3,500.00
Per Each
14.
10
Provide and Install
Multi -
Each
Trunk Palm Trees (24" Box)
@ Three Hundred
Dollars
and
No
Cents
$300.00
$ 3,000.00
Per Each
15.
5
Provide and Install
Each
Irrigation Systems
Three Thousand
@ Seven Hundred
Dollars
and
No
Cents
$ 3,700.00
$18,500.00
Per Each
16.
125
Provide and Install
1" P.V.C.
Linear Feet
Sprinkler Conduit
@ Twelve
Dollars
and
No
Cents
$ 12.00
$ 1,500.00
Per Linear Foot
17.
49,600
Provide and Install
14 Gauge
Linear
Feet
Multi- Strand Sprinkler Wire
@ No
Dollars
and
Twelve
Cents
$ .12
$ 5,952.00
Per Linear Foot
PR 1.4
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
18. 38 Place Crushed Aggregate Base
Tons
@ Fifty Dollars
and
No Cents $ 50.00 $ 1,900.00
Per Ton
19. 115 Construct A.C. /Sand base course
Tons
@ Fifty Dollars
and
No Cents $ 50.00 $ 5,750.00
Per Ton
20. 85 Construct A.C. finish course
Tons
@ One Hundred Dollars
and
No Cents $ 100.00 $ 8,500.00
Per Ton
21. 1 Provide and Install
Each Bicycle Rack
@ One Thousand Dollars
and
No Cents $ 1,000.00 $1,000.00
Per Each
One Hundred Thirty -Two Thousand Fifty -Four Dollars
and
Fifty Cents $ 132,054.50
TOTAL BID PRICE (WORDS) TOTAL BID PRICE
(FIGURES)
V Damon Construction Company
Bidder
S/ Margaret Ann Rullo, President September 8, 1994
Authorized Signature /Title Date
455 Carson Plaza Dr., Unit F, Carson, Ca 90746 (310) 324 -7141
Bidder's Address Bidder's Telephone
Page 2
INSTRUCTIONS TO BIDDERS
The following documents shall be completed, executed and received
by the City Clerk in accordance with NOTICE INVITING BIDS:
PROPOSAL (Page 1)
INSTRUCTIONS TO BIDDERS (Page 2)
DESIGNATION OF SUBCONTRACTORS (Page 3)
BIDDER'S BOND (Page 4)
NON - COLLUSION AFFIDAVIT (Page 5)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES (Page 6)
except that cash, certified check or cashier's check (sum not less
than 10% of the total bid price) may be received in lieu of the
BIDDER'S BOND. The title of the project and the words "Sealed Bid"
shall be clearly marked on the outside of the envelope containing
the documents.
The City of Newport Beach will not permit a substitute format
for the documents listed above. Bidders are advised to review
their content with bonding and legal agents prior to submission of
bid.
BIDDER'S BOND shall be issued by an insurance organization or
surety (1) currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, and (2)
listed as an acceptable surety in the latest revision of the
Federal Register Circular 570.
The estimated quantities indicated in the PROPOSAL are
approximate, and are given solely to allow the comparison of bid
totals.
Bids are to be computed upon the estimated quantities
indicated in the PROPOSAL multiplied by unit price submitted by the
bidder. In the event of discrepancy between wording and figures,
bid wording shall prevail over bid figures. In the event of error
in the multiplication of estimated quantity by unit price, the
correct multiplication will be computed and the bids will be
compared with correctly multiplied totals. The City shall not be
held responsible for bidder errors and omissions in the PROPOSAL.
The City of Newport Beach reserves the right to reject any or
all bids and to waive any minor irregularity or informality in such
bids. Pursuant to Public Contract Code Section 22300, at the
request and expense of the Contractor, securities shall be
permitted in substitution of money withheld by the City to ensure
performance under the contract. The securities shall be deposited
in a state or federal chartered bank in California, as the escrow
agent.
5/91
Page 2A
In accordance with the California Labor Code (Sections 1770 et
seq.), the Director of Industrial Relations has ascertained the
general prevailing rate of per diem wages in the locality in which
the work is to be performed for each craft, classification, or type
of workman or mechanic needed to execute the contract. A copy of
said determination is available in the office of the City Clerk.
All parties to the contract shall be governed by all provisions of
the California Labor Code relating to prevailing wage rates
(Sections 1770 -7981 inclusive).
The Contractor shall be responsible for insuring compliance
with provisions of Section, 1777.5 of the Labor Code Apprenticeship
requirements and Section 4100 et seq. of the Public Contracts Code,
"Subletting and Subcontracting Fair Practices Act."
All documents shall bear
authorized to sign on behalf of
signatures shall be of a coi
authorized by the corporation.
shall be of a general partner.
shall be of the owner.
signatures and titles of persons
the bidder. For corporations, the
-porate officer or an individual
For partnerships, the signatures
For sole ownership, the signature
280588 A
Contractor's License No. & Classification
BTTM*.=L6•j
e/ Margaret Ann Rullo, President
0.
5/91
Authorized Signature /Title
0 •
Page 3
DESIGNATION OF SUBCONTRACTOR(S)
State law requires the listing of all subcontractors who will
perform work in an amount in excess of one -half of one percent of
the Contractor's total bid. If a subcontractor is not listed, the
Contractor will be responsible for performing that portion of the
work. Substitution of subcontractors shall be made only in
accordance with State law and /or the Standard Specifications for
Public Works Construction, as applicable.
The Bidder, by signing this designation, certifies that bids
from the following subcontractors have been used in formulating the
bid for the project and that these subcontractors will be used
subject to the approval of the Engineer and in accordance with
State law. No changes may be made in these subcontractors except
with prior approval of the City of Newport Beach.
Subcontract Work
1.
2. Item 10
3. Item 13 - 17
4.
5.
6.
7.
8.
9.
10.
11.
12.
..=
5/91
Subcontractor Address
Patterson Company
Marina Landscape
$/ Marg�rPt Ann Rnllo_ Prespnt
Authorized Signature/Title
1 '
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS,
That w
bidder, and
Surety, are
California, in the sum of Ten Percent of the Total Amount Bid
($ 10% ),lawful money of the United States for the
of which sum well and truly to be made, we bind ourselves,
and severally, firmly by these presents.
Page 4
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH,
s
s
Dollars
payment
jointly
That if the proposal of the above bounden bidder for the
construction of Ocean Front Street End Construction Program; Orange Street
(Title of Project and 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 Notice
of Award to the above bounden bidder by and from said City, then
this obligation shall become null and void; otherwise it shall be
forfeited to the said City.
In the event that any bidder above named executed this bond as
an individual, it is agreed that the death of any such bidder shall
not exonerate the Surety from its obligation under this bond.
IN WITNESS WHEREOF, we hereunto set our hands and seals this
25th day of August , 1994.
Damon ConstructionCompany
Bidder (Attach Acknowledgment
Of Attorney -In -Fact)
Kimberly Greenwood
Notary Public
Commission Expires: 3/5/96
5/91
sphalt
Walkway
C -2984
resident
Ahoid S nao
ture P/Title
SURETY Reliance Insurance Company
BY:S/ John P. Brooks. Attorney in Fact
LANCE INSURANCE COMP'
HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS. That the RELIANCE INSURANCE COMPANY, a corporation duly organized under the taws of the Stale
of Pennsylvania, does hereby make, constitute and appoint John P. Brooks, individually, of Pasadena, California, its true and lawful
Attorneys) -in -Fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed any and all bonds and undertakings of
suretyship and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and
other writings obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and
attested by one other of such officers, and hereby ratifies and confirms all that its said Attorney(s) -in -Fact may do in pursuance hereof.
This Power of Attorney is granted under and by authority of Article VII of the By -Laws of RELIANCE INSURANCE COMPANY which
became effective September 7, 1978, which provisions are now in full force and effect, reading as follows:
ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKING
1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice
President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorney(s) -in -Fact and to
authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings
obligatory in the nature thereof, and (bl to remove any such Attorney(s) -in -Fact at any time and revoke the power and authority given to them.
2. Attorney(s) -in -Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to
execute and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in
the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity
and other writings obligatory in the nature thereof.
3. Attorney(s)-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of
indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the
Company and to copies of the By -Laws of the Company or any article or section thereof.
This Power of Attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors
of RELIANCE INSURANCE COMPANY at a meeting held on the 5th day of June, 1979, at which a quorum was present, and said Resolution
has not been amended or repealed:
'Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such
Power of Attorney or any certificates relating thereto by facsimile, and any such Power of Attorney or certificate bearing
such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such Power so executed
and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company, in the future with
respect to any bond or undertaking to which it is attached.'
IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has caused these presents to be signed by its Vice President
and its corporate seal to be hereto affixed, this 24 day of August, 1993
RELIANCE INSURANCE COMPANY
` Vice President
STATE OF Washington } �rb..Qe
COUNTY OF King ss.
On this 24 day of August, 1993 personall Lawrence W. Carlstrom
to me known to be the Vice President of the R I COMPANY, and acknowledged that he executed and attested the
foregoing instrument and affixed the seal to, and that Article VII, Section 1, 2, and 3 of the By-Laws of said
Company,and the Resolution, set forth ther ii ¢.
r NOT({RY
_ PUS��C
�� 3-05 -96 A
�Fo Notary Public in and for State of Washington
`AF �X� Residing at Puyallup
W A5
I, Robyn Leyng, Assistant Secretary of the RELIATf ,ME COMPANY, do hereby certify that the above and foregoing is a true and
correct copy of a Power of Attorney executed by said RELIANCE INSURANCE COMPANY, which is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company this 25th day of August 19 94
Z
Assistant Secretary
BORn431 Ea. 3N3
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On August 25, 1994 before me, Jeri Sumner, Notary Public
DATE NAME. TITLE OF OFFICER - E- G- .'JANE DOE. NOTARY PUBLIC
No. SW7
personally appeared John P. Brooks
NAME(S) OF SIGNER(S)
® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the personM whose name4) is /axe
subscribed to the within instrument and ac-
knowledged to me that he/sba iay executed
the same in hishbuxiti>xxir authorized
sukom capacityoEM, and that by hisIbughtimedx
I t signature(ij on the instrument the person{;, 06a # Ill or the entity upon behalf of which the
NotalyPJAC—Ca[faNO personM acted, executed the instrument.
LOS ANG10 COIM
tiN canm. �r..,wLSt, tvoe
WITNESS my hand and official seal.
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(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
®1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave.. P.O. Box 7184 • Canoga Park. CA 91309 -7184
Page 5
NON - COLLUSION AFFIDAVIT
State of California )
) ss.
County of Los Angeles)
Margaret Ann Rullo ' being first duly sworn, deposes and
says that he or she is President of Damon Construction ComPdljJ/
the party making the foregoing bid; that the Fid is not made in the
interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is
genuine and not collusive or sham; that the bidder has not directly
or indirectly induced or solicited any other bidder to put in a
false or sham bid, and has not directly or indirectly colluded,
conspired, connived, or agreed with any bidder or anyone else to
put in a sham bid, or that anyone shall refrain from bidding; that
the bidder has not in any manner, directly or indirectly, south by
agreement, communication, or conference with anyone to fix the bid
price of the bidder or any other bidder, or to fix any overhead,
profit, or cost element of the bid price, or of that of any other
bidder, or to secure any advantage against the public body awarding
the contract of anyone interested in the proposed contract; that
all statements contained in the bid are true; and, further, that
the bidder has not, directly or indirectly, submitted his or her
bid price or any breakdown thereof, or the contents thereof, or
divulged information or data relative thereto, or paid, and will
not pay, any fee to any corporation, partnership, company
association, organization, bid depository, or to any member or
agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury that the foregoing is true
and correct.
Qamon Construction Company 5/ Mjcaret Ann Rullo_ Pre�id n
Bidder Authorized Signature /Title
Subscribed and sworn to before me this 8th day OfSPptember ,
1994.
[SEAL]
S/ Thelma llas
Notary PubliBaic
My Commission Expires: 4/25/95
5/91
'CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT No. 5907
State of California
County of Los Angeles
On b /9 before me, Thelma Barillas, Notary Public
D E NAME, TITLE OF OFFICER - E.G.. -JANE DOE, NOTARY PUBLIC'
personally appeared Margaret Ann Rullo
NAMES) OF SIGNER(S) '
❑ personally known to me - OR - IR proved to me on the basis of satisfactory evidence
to be th persons) whose name s) is are
subscribed to the within instrument and ac-
knowledged to me that he she they executed
the same in his er their authorized
capaclt les), and that by his her their
signature s) on the instrument th erson ),
..ee.o..e..w or t e entity upon behalf of which the
.....o�o.a
THELkIABARILLAS person s) acted, executed the instrument.
m COMM. 9917391
NOTARY PUBLIC - CALIFORNIA
LOS ANGELES COUNTY WITNESS my hand and official seal.
My Com nission Em. April. 28
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
❑O CORPORATE OFFICER
ident
nnE(s)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIANICONSERVATOR
❑ OTHER:
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSONS) OR ENTITY(IES)
Damon Const. Co. SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmel Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184
0
Page 6
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
The undersigned submits herewith a statement of the work of
similar character to that proposed herein which he has performed
and successfully completed.
Year For Whom Person Telephone
Completed Performed (Detail) To Contact Number
Please See Attached Project Reference List
Damon Construction Company S/ Margaret Ann Rullo, President
Bidder Authorized Signature /Title
5/91
• ON CONST. CO. PROJECT REFER *ES
PUBLIC
AGENCIES
(714) 350 -3535
C. T. & F., Inc.
Tom Galland
_ City
of
Orange
Ashok Basargekar
(714)
532 -0444
City
of
Fountain Valley
Jeffrey S. Sinn
(714)
965 -4400
City
of
Beverly Hills
David Gustayson
(213)
285 -2400
City
of
Los Angeles
Ed Anamizu
(213)
485 -3011
City
of
Long Beach
Bill Bertram
(213)
590 -6255
CRA -
Los
Angeles
Jerry Gross
(213)
977 -1610
City
of
Burbank
Mike Moss
(818)
953 -9522
City
of
Pasadena
Ralph Kuzmic
(818)
405 -4191
PRIVATE FIRMS
Brutoco Engineering
Steve Brutoco
(714) 350 -3535
C. T. & F., Inc.
Tom Galland
(310) 927 -2339
Excel Paving
Curt Brown
(213) 599 -4851
Steiny & Co.
Bob Hernandez
(213) 382 -2331
Valverde Const.
Joe Valverde
(213) 693 -2763
Kiewit Pacific
David Niles
(213) 946 -1816
Koll Construction
Ken Herich
(714) 956 -8071
NCH Construction
H. D. McGovern
(619) 334 -1221
Weeger Bros.
Hark Weeger
(714) 895 -5077
Paladin Construction James F. Atkins
(909) 948 -7667
MCM Construction
H.D. McGovern
(916) 334 -1221
Electro Construction John Everson
(213) 660 -4141
C. C. Myers, Inc.
Dewey C. Lee, Jr.
(91G) 635 -9370
P R O J E C T S
CONTRACT COMPLETION
CONTRACTOR /AGENCY
DESCRIPTION
AMOUNT DATE
City of Glendale
Central Ave.
788,654 2 -94
City of Irvine
Park Walkways Rehab
157,442 9 -93
Weeger Bros.
Butler School
161,513 8 -93
La Canada /Flint.
92 -93 AC Resurf Prog
170,568 6 -93
C/0 Los Angeles
Access Ramps -Local
112,588 5 -93
C/O Los Angeles
Alleys w/o Alma
165.939 4 -93
CIO Los Angeles
T.S. /Sign Island
118,716 4 -93
C/O Cerritos
Nisc St. Repairs
311.112 7 -92
CIO Los Angeles
Spring St.
2,023,078 In Prog
Caltrans /CFAAC
#07- 113274
772,825 "
CRA -Los Angeles
Hollywood Redev. 501311
4,444,000 "
CRA -Los Angeles
Doolittle (501394)
502,776 "
CRA -Los Angeles
Boyle Hts (501257)
221,959 "
CRA - Los Angeles
YMCA (501358)
202,993 "
Steve P. Rados
Metro Green Line C0100
686,723 "
Ball,Ball & Brosamer #07- 110314
518,400 "
Caltrans /CFAAC
#07- 113224
1,024,440 "
Kasler -
#07- 110274
760,730 "
CIO Downey
Curb,Gutter,Access Ramps
333,912 "
Koll Construction
550 So. Hope St.
115,937 "
C/0 Santa Monica
St. Resurf. Program
774,818 "
C.C.Hyers, Inc.
E1 Toro "Y"
483,220 "
L.A.County
Highland @ Camrose
169,565 "
C/0 Industry
Commuter Rail
169,998 "
Electro Const.
Figueroa /Flower Parking
101,483 "
Kasler Corp.
07- 018744
201,140 **
** Starting date not scheduled at this time.
Page 7
• 1 DI N'
The following contract documents shall be executed and
delivered to the Engineer within ten (10) days (not including
Saturday, Sunday and Federal holidays) after the date of mailing
Notice of Award to the successful bidder:
PAYMENT BOND (Page 8)
FAITHFUL PERFORMANCE BOND (Page 9)
CERTIFICATE OF INSURANCE (Page 10)
GENERAL LIABILITY INSURANCE ENDORSEMENT (Page 11)
AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT (Page 12)
WORKERS' COMPENSATION INSURANCE CERTIFICATION (Page 13)
CONTRACT (Page 14)
The City of Newport Beach will not permit a substitute format
for these contract documents. Bidders are advised to review their
content with bonding, insuring and legal agents prior to submission
of bid.
Payment and faithful performance bonds shall be issued by an
insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the
State of California, and (2) listed as an acceptable surety in the
latest revision of the Federal Register Circular 570.
Insurance companies affording coverage shall be (1) currently
authorized by the Insurance Commissioner to transact business of
insurance in the State of California, and (2) assigned
Policyholders' Rating A (or higher) and Financial Size Category
Class VIII (or larger) in accordance with the latest edition of
Best's Key Rating Guide: Property - Casualty. Coverages shall be
provided as specified in the Standard Specifications for Public
Works Construction, except as modified by the Special Provisions.
The Workers' Compensation Insurance Certification shall be
executed and delivered to the Engineer along with a Certificate Of
Insurance for workers' compensation prior to City's execution of
the Contract.
5/91
Bond No. B2443003 •
Executed in Four Counterparts Page 8
Premium 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 October 10, 1994 has awarded
to Damon Construction Company hereinafter
designated as the "Principal ", a contract for Ocean Front Street End
Construction Prooram. Oranae Street Asphalt Walkway (Contract No ) in
the City of Newport Beach, in strict conformity with the Drawings
and Specifications and other contract documents in the office of
the City Clerk of the City of Newport Beach, and all of which are
incorporated herein by this reference;
WHEREAS, said Principal has executed or is about to execute
Contract No. 2984 and the terms thereof require the furnishing
of a bond, prov ding that if Principal or any of Principal's
subcontractors, shall fail to pay for any materials, provisions, or
other supplies used in, upon, for, or about the performance of the
work agreed to be done, or for any work or labor done thereon of
any kind, the Surety on this bond will pay the same to the extent
hereinafter set forth:
NOW, THEREFORE, We, DAMON CONST. CO.
as Principal, and RELIANCE INSURANCE COMPANY
as Surety, are held firmly bound unto the City of Newport Beach, in
the sum of (W .Hundred Thi - T o sand Dollars ($ 132,054.50 ),
said sum bei e 1 the estimated amount payable by the
City of Newport Beach under the terms of the contract; for which
payment well and truly made, we bind ourselves, our heirs,
executors and administrators, successors, or assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above
bounden Principal or his /her subcontractors, fail to pay for any
materials, provisions, or other supplies, used in, upon, for, or
about the performance of the work contracted to be done, or for any
other work or labor thereon of any kind or for amounts due under
the Unemployment Insurance Code with respect to such work or labor,
or for any amounts required to be deducted, withheld and paid over
to the Employment Development Department from the wages of
employees of the Principal and subcontractors pursuant to Section
13020 of the Unemployment Insurance Code with respect to such work
and labor, that the Surety or Sureties will pay for the same, in an
amount not exceeding the sum specified in the bond, and also, in
case suit is brought upon the bond, a reasonable attorney's fee, to
be fixed by the Court as required by the provisions of Section 3250
of the Civil Code of the State of California.
5/91
0 0
Page 8A
The bond shall inure to the benefit of any and all persons,
companies, and corporations entitled to file claims under Section
3181 of the California Civil Code so as to give a right to them or
their assigns in any suit brought upon this bond, as required by
and in accordance with the provisions of Sections 3247 et. seq. of
the Civil Code of the State of California.
And said Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alterations or additions
to the terms of the contract or to the work to be performed
thereunder or the specifications accompanying the same shall in any
wise affect its obligations on this bond, and it does hereby waive
notice of any such change, extension of time, alterations or
additions to the terms of the contract or to the work or to the
specifications.
In the event that any principal above named executed this bond
as an individual, it is agreed that the death of any such principal
shall not exonerate the Surety from its obligations under this
bond.
IN WITNESS WHEREOF, this instrument has been duly executed by
the above named Principal and Surety, on the 14th day" of
October , 19 94. -
DAMON CONST. CO.
Name of Contractor (Principal)
/RELIANCE INSURANCE COMPANY
Name of Surety
505 No. Brand Blvd., 11770, Glendale, CA 91203
Address of Surety
W
Aifthorized gent Sign ture
Henry F. ght, Atto y:jin Fact
818 - 240 -6960
Telephone
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND BURETY MUST BE ATTACHED
5/97
I
I
RETONCE INSURANCE COMPAO
HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY, a corporation duly organized under the laws of the State
of Pennsylvania, does hereby make, constitute and appoint Henry F. Wright, individually, of Pasadena, California, its true and lawful
Attorney(s)-in -Fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed any and all bonds and undertakings of
suretyship and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and
other writings obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and
attested by one other of such officers, and hereby ratifies and confirms all that its said Attorney(s)-in -Fact may do in pursuance hereof -
This Power of Attorney is granted under and by authority of Article VII of the By -Laws of RELIANCE INSURANCE COMPANY which
became effective September 7, 1978, which provisions are now in full force and effect, reading as follows:
ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKING
1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice
President or other officer designated by the Board of Directors shall have power and authority to la) appoint Attorneys) -in -Fact and to
authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings
obligatory in the nature thereof, and (b) to remove any such Attorneys) -in -Fact at any time and revoke the power and authority given to them.
2. Attorneys) -in -Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to
execute and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in
the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity
and other writings obligatory in the nature thereof.
3. Attorney(s)-in -Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of
indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the
Company and to copies of the By -Laws of the Company or any article or section thereof.
This Power of Attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors
of RELIANCE INSURANCE COMPANY at a meeting held on the 5th day of June, 1979, at which a quorum was present, and said Resolution
has not been amended or repealed:
'Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such
Power of Attorney or any certificates relating thereto by facsimile, and any such Power of Attorney or certificate bearing
such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such Power so executed
and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company, in the future with
respect to any bond or undertaking to which it is attached.'
IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has caused these presents to be signed by its Vice President
and its corporate seal to be hereto affixed, this 24 day of August, 1993
RELIANCE INSURANCE COMPANY
STATE OF Washington Vice President
)
COUNTY OF King ss.
On this 24 day of August, 1993 personally appeared Lawrence W. Carlstrom
to me known to be the Vice President of the RELIAN E COMPANY, and acknowledged that he executed and attested the
foregoing instrument and affixed the seal of s ' td r or to, and that Article VII, Section 1, 2, and 3 of the By -Laws of said
Company,and the Resolution, set forth therein,r
.c51ON
Y ` NOTP{iY ° ' h
PUBLIC Z
3 -05 -96 Notary Public in and for State of Washington
F Residing at Puyallup
1, Robyn Layng, Assistant Secretary of the REL 15N MPANY, do hereby certify that the above and foregoing is a true and
correct copy of a Power of Attorney executed by sa URANCE COMPANY, which is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company this 14th day of October 19 94
6Z;__'A_
Assistant Secretary
BDR -1631 Ed. 393
1]
,CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On �` before me, Thelma Barillas, Notary Public
DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC'
personally appeared Margaret Ann Rullo
NAME(S) OF SIGNERS)
❑ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be th person s) whose name s) is are
subscribed to the within instrument and ac-
knowledged to me that he sh they executed
the same in his (otheir authorized
capaclt les), and that by his &hertheir
signature s) on the instrument th ),
or t e entity upon behalf of which the
OTHELMABARILLAS person s) acted, executed the instrument.
COMM. #917391 . CALIFORNIA
ARY NO �ANGEILES COUNTY
My lion Ew.AOL ZB 1996 WITNESS my hand and official seal.
SIGNATURE 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
0 CORPORATE OFFICER
President
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Damon Const. Co.
DESCRIPTION OF ATTACHED DOCUMENT
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 Palk, CA 91309-7184
CALIFORNIA ALL- PURPOSACKNOWLEDGMENT •
State of California
County of Los Angeles
On October 14, 1994 before me,
DATE
personally appeared
Henry F
Jeri Sumner, Notary Public
NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC'
Wright
NAME(S) OF S(GNER(S)
® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the personM whose name4) is /axe
subscribed to the within instrument and ac-
knowledged to me that he%imaftuy executed
the same in hishhuyJAimAx authorized
capacity(iE*, and that by his/buybdm &
signature(>o on the instrument the person(),
COAW, # 1034483 or the entity upon behalf of which the
NOW Pubic — Cdfoml0
tes��COUNn persons acted,.executed the instrument.
Sly Conwn. E Oee.l11W 1. tone
WITNESS my hand and official seal.
� �-
— ^fl^
SIGNATURE 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
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
® ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
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 91309-7194
Bond No. B2443003 •
0
Executed in Four Counterparts Page 9
Premium $1,426.00
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, That
WHEREAS, the City Council of the Cityy of Newport Beach, State
of California, by motion adopted October 10, 1994 has awarded
to Damon Construction Company hereinafter
designated as the "Principal ", a contract for Ocean Front Street End
Construction Program; Orange Street Asphalt Walkway (Contract No. 2984 ) in
the City of Newport Beach, in strict conformity with the Contract,
Drawings and Specifications and other contract documents in the
office of the City Clerk of the City of Newport Beach, all of which
are incorporated herein by this reference;
WHEREAS, Principal has executed or is about to execute
Contract No. 2984 and the terms thereof require the
furnishing of a bond for the faithful performance of the Contract;
NOW, THEREFORE, we, DAMON CONST. CO.
as Principal, and RELIANCE INSURANCE COMPANY
as Surety, are held firmly bound unto the City of Newport Beach, in
the sum Of One Huanjrgg jab ty -Two Thousand Fifty Dollars ($132,054.50 ),
said sum being equal to 100% of the estimated amount of the
contract, to be paid to the City or its certain attorney, its
successors, and assigns; for which payment well and truly made, we
bind ourselves, our heirs, executors and administrators,
successors, or assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above
bounden Principal, its heirs, executors, administrators,
successors, or assigns, shall in all things stand to and abide by,
and well keep truly and perform the covenants,, conditions, and
agreements in the Contract and any alteration thereof made as
therein provided on its part, to be kept and performed at the time
and in the manner therein specified, and in all respects according
to its true intent and meaning, and shall indemnify and save
harmless the City of Newport Beach, its officers, employees and
agents, as therein stipulated, then this obligation shall become
null and void; otherwise it shall remain in full force and effect.
As a part of the obligation secured hereby, and in addition to
the fact amount specified in this Performance Bond, there shall be
included costs and reasonable expenses and fees, including
reasonable attorneys fees, incurred by the City, in the event it is
required by bringing any action in law or equity to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no
change, extension of time, alterations or additions to the terms of
the contract or to the work to be performed thereunder or to the
specifications accompanying the same shall in any wise affect its
5/91
Page 9A
obligations on this bond, and it does hereby waive notice of any
such change, extension of time, alterations or additions of the
contract or to the work or to the specifications.
This Faithful Performance Bond shall be extended and
maintained by the Principal in full force and effect for six (6)
months following the date of formal acceptance of the Project by
the City.
In the event that the principal executed this bond as an
individual, it is agreed that the death of any such principal shall
not exonerate the Surety from its obligations under this bond.
IN WITNESS WHEREOF, this instrument has been duly executed by
the Principal and Surety above named, on the 14th day,'of
October 19 94,
DAMON CONST. CO.
Name of Contractor (Principal) Au#hoffzed Signature /Title
RELIANCE INSURANCE COMPANY
Name of Surety A horize gent S154ature
Henry F. W ght, Atto n y in Fact
505 No. Brand Blvd., #770, Glendale. CA 91203 818- 240 -6960
Address of Surety Telephone
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY !MUST BE ATTACHED
5/91
REII&NCE INSURANCE COMPAQ
HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY, a corporation duly organized under the laws of the State
of Pennsylvania, does hereby make, constitute and appoint Henry F. Wright, individually, of Pasadena, California, its true and lawful
Attorney(s) -in -Fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed any and all bonds and undertakings of
suretyship and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and
other writings obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and
attested by one other of such officers, and hereby ratifies and confirms all that its said Attorney(s) -in -Fact may do in pursuance hereof.
This Power of Attorney is granted under and by authority of Article VII of the By -Laws of RELIANCE INSURANCE COMPANY which
became effective September 7, 1978, which provisions are now in full force and effect, reading as follows:
ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKING
1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice
President or other officer designated by the Board of Directors shall have power and authority to (al appoint Attorney(s) -in -Fact and to
authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings
obligatory in the nature thereof, and (b) to remove any such Attorney(s) -in -Fact at any time and revoke the power and authority given to them.
2. Attorneys) -in -Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to
execute and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in
the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity
and other writings obligatory in the nature thereof.
3. Attorney(s) -in -Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of
indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the
Company and to copies of the By -Laws of the Company or any article or section thereof.
This Power of Attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors
of RELIANCE INSURANCE COMPANY at a meeting held on the 5th day of June, 1979, at which a quorum was present, and said Resolution
has not been amended or repealed:
'Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such
Power of Attorney or any certificates relating thereto by facsimile, and any such Power of Attorney or certificate bearing
such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such Power so executed
and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company, in the future with
respect to any bond or undertaking to which it is attached."
IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has caused these presents to be signed by its Vice President
and its corporate seal to be hereto affixed, this 24 day of August, 1993
STATE OF Washington
COUNTY OF King
Iss.
RELIANCE INSURANCE COMPANY
1 0000"
4. Vice President
On this 24 day of August, 1993 personally appeared Lawrence W. Carlstrom
to me known to be the Vice President of the RELIAN E COMPANY, and acknowledged that he executed and attested the
foregoing instrument and affixed the seal of s r or to, and that Article VII, Section 1, 2, and 3 of the By -Laws of said
Company,and the Resolution, set forth therein, gy��1p��'p,
n 4V PU6LIC- Z ;,, h 94
3 -05 -96 �O Notary Public in and for State of Washington
Residing at Puyallup
I, Robyn Layng, Assistant Secretary of the REL MPANY, do hereby certify that the above and foregoing is a true and
correct copy of a Power of Attorney executed by sa URANCE COMPANY, which is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company this 14th day of October 19 94
6 VI�_
Assistant Secretary
BDR -1431 Ed. 353
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State Of California
County of Los Angeles
On &let ! 9 before me, Thelma Barillas, Notary Public
0 E NAME, TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC'
personally appeared Margaret Ann Rullo
NAME(S) OF SIGNER(S)
❑ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be th person s) whose name s) is are
subscribed to the within instrument and ac-
knowledged to me that he sh they executed
the same in his (Otheir authorized
capaclt les), and that by his her their
signature s) on the instrument th erson ),
�THELMABARILLAS or t e entity upon behalf of which the
COMM. #917391
person
NOTARY PUBLIC - CALIFORNIA s) acted, executed the instrument.
LOS ANGELES COUNTY
My Cornrrio-ion Exp. APnL 25. t9B6
WITNESS my hand and official seal.
SIGNATURE 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
0 CORPORATE OFFICER
President
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
El
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
Damon Const. Co.
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION - 11236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309 -7184
CALIFORNIA ALL- PURPOSE41CKNOWLEDGMENT •
State of California
County of Los Angeles
On October 14, 1994 before me, Jeri Sumner, Notary Public
DATE NAME, TITLE OF OFFICER - E.G.. 'JANE DOE. NOTARY PUBLIC'
personally appeared Henry F. Wright
NAME(S) OF SIGNER(S)
No. 5907
® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the personM whose name(E) is /am
subscribed to the within instrument and ac-
knowledged to me that he/siDeftbay executed
the same in hishhwWAtmtr authorized
capacityotE*, and that by hishbmvA Daix
signature(* on the instrument the person*),
QMvCwa' # imillm or the entity upon behalf of which the
ME �0+'�—C ditrk E personM acted, executed the instrument.
LOS ANCaa COUNn ,t X31.11"S
WITNESS my hand and official seal.
F T awe
- 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(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
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
FILE No. 016 10/21 '94 16:31 *RULE CO 818 57*40 PAGE' c^
Page 10
C` "T
NMI,
11K I,
,PRODUCER
*IF
,
COMPANIES AFFORDING COVERAGE
The Rule Company Inc.
COMPANY
A Tlanscontinttental (CNA)
P.O. Box 7072
LETTER
Pasadena, Ca 91109
COMPANY 8 Valley g (CNA)
LETTER pa y PO! e
INSURED
Damon Construction Company
455 Carson Plaza Dr., Unit F
LETTER C Republic Indemnity Co.
r` OYEF(
HS S: To THE MS
INDICATED NOTWRHSTANDING ANY REOUBIEMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS, AND CONDITIONS OF SUCH POUOIE8 AND IS NOT AMENDER EMENDED OR ALTERED BY THIS CERTIFICATE . .
00
TYPE OF INSURANCE
POLICY NUMBER
EFFEC VIE
DATE
EXPIRATION
ALL LIMITS IN THOUSANDS
GENERAL LIABILITY
GENERAL AGGREGATE
$ 2000
(OCCURANCE BASIS ONLY)
COMMERCIAL
120726345 1
-1 -94
1 -1 -95
PRODUCrstcOMPLETED
$ LOGO
COMPREHENSIVE
OPERATIONS AGGREGATE
® PROIEGTNEENTWICTORS .
PERSONAL INJURY
$ 1000
CONTRACTUAL FOR SPECIFIC
CONTRACT
® PRODUCTS /COMPL OPE0.
EACH OCCVRANGE
S lOOO
XCU HAZARDS
BROAD FORM PROP. DAMAGE
50
SEVERABIU TY OF INTEREST
O DAMAGE -
(,AN
NY ONE FIRE)
i
CLAUSE
0 PERSONAL INJURY WITH
EMPLOYEE EXCLUSION
MEDICAL EXPENSES
L 5
REMOVED
(ANY ONE PERSON)
MARINE
AUTOMOBILE LIABILITY
120726362
1 -1 -94
1 -1 -95
SIINNGGLE ®TT
s L000
x COMPREHENSIVE
BODILY ULIUN
(PER PERSON) )
i 1000
OWNED
BODILYWJURY
t 1000
HIRED
(PER AOCIDRM
®NON-0OWNED
PROPERTY
DAMAGE
$ 1.000
EXCESS LIABILITY
EACH
AGGREOATE
OCCURRENCE
UMBRELLA FORM
V'
OTHER THAN UMBRELLA FORM
$
S
03902377
1 -1 -94
1-1-95
STATUTORY
M.�Cl;ci'i.,f)l�'I.
` 4;
.. wYi`"�rC • °;:r.'f7l'
i'TOOO
EACH ACCIDENT
C
WORKERS' COMPENSATION
AND
i MUD
DISEASE POLICY LIMIT
EMPLOYERS' LIABILITY
i
DISEASE EACH EMPLOYEE
LONGSHOREMEN'S AND HARBOR
STATUTORY
' ^' �:'rr
:
•,p'"'!:•,,'::;
WORKERS' COMPENSATION
.OF
DESCRIPTION OF OPEPATK*WAOCATIONS UWXES/RESTFWnONS/SPECIAL ITEMS: ALL OPERATIONS PERFORMED FOR THE CRY NEWPORT
BEACH BY OR ON BEHALF OF THE NAMED INSURED IN CONNECTION WITH THE FOLLOWING CONTRACT:
Ocean Front Street End Construction Program; Orange Street
Asphalt Walkway C -2984
PROJECT TITLE AND CONTRACT NUMBER
CERTIFIC TL(OI DER. `
�a w :. K
NCEI LOTION I �
� rkYIJ'w•11
ryp�ln .....
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON-RENEWEO.
CITY OF NEWPORT BEACH
CANCELLED OR COVERAYIE REDUCED BEFORE THE EXPIRATION DATE THE
P.O. BOX 1768
COMPANY AFFORDING C G PROVIDE 30 DAYS MIN. ADVANCE
*.�
3300 NEWPORT BLVD.
NOTICE TOcm''t�F' 8Y REGISTERED MAIL
1 NEWPORT BEACH, CA. 92659 -1768
ATTENYION. ° .vIi�
i6 -a� -�
0
Page it
GENERAL LIABILITY INSURANCE ENDORSEMENT
It is agreed that:
1. With respect to such insurance as is afforded by the policy
for General Liability, the City of Newport Beach, its officers
and employees are additional insureds, but only with respect
to liability arising out of operations performed by. or on
behalf of the named insureds in connection with the contract
designated below or acts and omissions of the additional
insureds in connection with its general supervision of such
operations. The insurance afforded said additional insured(s)
shall apply as primary insurance and no other insurance
maintained by the City of Newport Beach shall be called upon
to contribute with insurance provided by this policy.
2. The policy includes the following provision:
"The insurance afforded by the policy applies
separately to each insured against whom claim
is made or suit is brought, except with
respect to the limits of liability of the
company affording coverage.
3. The insurance afforded by the policy for Contractual Liability
Insurance (subject to the. terms, conditions and exclusions
applicable to such insurance) includes liability assumed by
the named insured under the indemnification or hold harmless
provision contained in the written contract designated below,
between the named insured and the City of Newport Beach.
4. With respect to such insurance as is afforded by this policy,
the exclusions, if any, pertaining to the explosion hazard,
collapse hazard and underground property hazard (commonly
referred to as "XCU" hazards) are deleted.
5. The limits of liability under this endorsement for the
additional insured(s) named in Paragraph 1 of this endorsement
shall be the limits indicated below written on an "Occurrence"
basis:
(X) Commercial ( ) Comprehensive
General Liability $ 1.000.000 each occurrence
$1,000.000 aggregate
The applicable limit of Contractual Liability for the company
affording coverage shall be reduced by any amount paid as
damages under this endorsement in behalf of the additional
insured(s).
5/91
0
Page 11A
The limits of liability as stated in this endorsement shall
not increase the total liability of the company affording
coverage for all damages as the result of any one occurrence
in excess of the limits of liability stated in the policy as
applicable to General Liability Insurance.
6. Should the policy, be non - renewed, canceled or coverage reduced
before the expiration date thereof, the Issuing Company shall
provide 30 days' advance notice to the City of Newport.Beach
by registered mail, Attention: Public Works Department.
Ocean Front Street End Construction Program;
7. Designated Contract: Dranae Street Asphalt Walkway C -2984
This endorsement is effective October 14. 1994 at 12:01 a.m.
and forms a part of Policy No. 120726345 of TRANSCONTINENTAL INS CO
(Company Affording Coverage).
Insured: DAMON CONST. CO. Endorsement No.:SPRCTu
ISSUING COMPANY
a %
By:
Authorized Representative
5/91
0
0
Page 12
AUTOMOBILE LIABILITY INSURANCE ENDORS
It is agreed that:
1. With respect to such insurance as is afforded by the policy
for Automobile Liability, the City of Newport Beach, its
officers and employees are additional insureds, but only with
respect to liability for damages arising out of the ownership,
maintenance or use of automobiles (or autos) used by or on
behalf of the named insured in connection with the contract
designated below. The insurance extended by this endorsement
to said additional insured does not apply to bodily injury or
property damage arising out of automobiles (1) owned by or
registered in the name of an additional insured, or (2) leased
or rented by an additional insured, or (3) operated by an
additional insured. The insurance afforded said additional
insured(s) shall apply as primary insurance and no other
insurance maintained by the City of Newport Beach shall be
called upon to contribute with insurance provided by this
policy.
2. The policy includes the following provision:
"The insurance afforded by the policy applies
separately to each insured who is seeking
coverage or against whom a claim is made or
suit is brought, except with respect to the
limits of liability of the company affording
coverage."
3. The limits of liability under this endorsement for the
additional insureds named in Paragraph 1. of this endorsement
shall be the limits indicated below for either Multiple Limits
or Single Limit:
5/91
(X )
Multiple limits
Bodily Injury Liability $
Bodily Injury Liability
Property Damage Liability
Combined Single Limit
Bodily Injury Liability
Property Damage Liability
per person
$ per accident
$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.
Page 12A
4. Should the policy be non - renewed, canceled or coverage reduced
before the expiration date thereof, the Issuing Company shall
provide 30 days' advance notice to the City of Newport Beach
by registered mail, Attention: Public works Department.
Ocean Front StreetEnd Construction Program
5. Des ignated Contract: Orange Street Asphalt Walkway C -2984
This endorsement is effective October 14, 1994 at 12:01 a.m.
and forms a part of Policy No. 120726362 of VALLEY FORGE INS CO
(Company Affording Coverage).
Insured: DAMON CONST. CO. Endorsement No.: SPKTAT.
ISSUING COMPANY
BY:
Cr �.
Authorized Representative
5/91
Page 13
WORKERS' COMPENSATION INSURANCE CERTIFICATION
°I am aware of the provisions of Section 3700 of the Labor Code
which require every employer to be insured against liability for
workers' compensation or to undertake self - insurance in accordance
with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this
contract."
October 14, 1994
Date
C -2984.
Contract Number
DAMON CONST. CO.
Name of Contractor (Principal)
Autho 1z Signature and Title
Ocean Front Street End Construction Program; Orange Street Asphalt Walkway
Title of Project
5/91
• 0
% Page 14
CONTRACT
THIS AGREEMENT, entered into this � day of
19 &, by and between the CITY OF NEWPORT BEACH, hereinafter "City,"
and Damon Construction Company , hereinafter
"Contractor," is made with reference to the following facts:
A. City has heretofore advertised for bids for the following
described public work:
Ocean Front Street End Construction Program;
Orange Street Asphalt Walkway C -2984
Title of Project Contract No.
B. Contractor has determined by City to be the lowest
responsible bidder on said public work, and Contractor's
bid, and the compensation set forth in this contract, is
based upon a careful examination of all plans and
specifications by Contractor,
NOW, THEREFORE, the parties hereto agree as follows:
1. Contractor shall furnish all materials and perform all of
the work for the construction of the following described
public work:
Ocean Front Street End Construction Program;
Orange Street Asphalt Walkway C -2984
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 One Hundred Thirty-Two Thousand Wk -Four Dollars
Dollars ($ 132,054.50 ). This compensation and
includes: Fifty Cent
(a) Any loss or damage arising from the nature of the
work,
(b) Any loss or damage arising from any unforeseen
difficulties or obstructions in the performance of
the work,
(c) Any expense incurred as a result of any suspension
or discontinuance of the work,
but excludes any loss resulting from earthquakes of a
magnitude in excess of 3.5 on the Richter Scale and tidal
waves, and which loss or expense occurs prior to
acceptance of the work by City.
5/91
0 •
Page 14A
All of the respective rights and obligations of City and
Contractor are set forth in the contract documents. The
contract documents are incorporated herein by reference
as though set out in full and include the following:
(a) Notice Inviting Bids
(b) Instructions to Bidders and documents referenced
therein
(c) Payment Bond
(d) Faithful Performance Bond
(e) Certificate of Insurance and Endorsement(s)
(f) Plans and Special Provisions for Ocean Front Street End
Construction Program; Orann e Street Asphalt Walkway C -2984
Title of Project Contract No.
(g) This Contract
(h) Standard Specifications of Public Works
Construction (current Edition) and all supplements
4. Contractor shall assume the defense of, pay all expenses
of defense and hold harmless, City and its officers,
employees and representatives from all claims, loss or
damage, injury and liability of every kind, nature and
description by reason of or arising out of the negligent
or willful conduct of the Contractor, his /her employees,
agents and subcontractors in the performance of the
Project, except such loss or damage caused solely by the
active negligence of City or its officers, employees and
representatives.
IN WITNESS WHEREOF, the parties hereto have caused this
contract to be executed the day and year first written above.
APPROYV D AS O FORM:
<r"
CI ATTORNEY
ATTEST:
5/91
CITY OF NEWPORT BEACH
A Municipal Corporation
B
ayor /7 o �—' � I eA
:Dprncx'l Ccx. - CS0
Name of Contractor
1 •
3. . TItle
CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT
INDEX
FOR
SPECIAL PROVISIONS
42nd, 43rd, 44th, 45th and 46th Street,
Street End Reconstruction
Orange Street Asphalt Walkway
CONTRACT NO. 2984
I.
SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . 1
II.
CONTRACTOR'S LICENSES . . . . . . . . . . . . . . . . 1
III.
HOURS OF WORK . . . . . . . . . . . . . . . . . . . . 1
IV.
TRAFFIC CONTROL AND ACCESS . . . . . . . . . . . . . 2
V.
COMPLETION, SCHEDULE AND PROSECUTION OF WORK . . . . 2
VI.
PAYMENT . . . . . . . . . . . . . . . . . . . . . . . 3
VII.
LIQUIDATED DAMAGES . . . . . . . . . . . . . . . . . 3
VIII.
NOTICE TO RESIDENTS AND "NO PARKING" SIGNS . . . 3
A. Notice to Residents . . . . . . . . . . . . . . . 3
B. "NO PARKING -TOW AWAY" Signs . . . . . . . . . . . 3
C. Street Sweeping Signs . . . . . . . . . . . . . . 4
IX.
CONSTRUCTION SURVEY STAKING . . . . . . . . . . . . . 4
X.
WATER . . . . . . . . . . . . . . . . . . . . . . 4
XI.
SITE PROTECTION . . . . . . . . . . . . . . . . . . . 4
XII.
CONSTRUCTION DETAILS . . . . . . . . . . . . . . . . 5
A. Street and Alley Construction . . . . . . . . . . 5
B. Asphalt Walkway Construction . . . . . . . . . . 6
C. Irrigation and Landscaping . . . . . . . . . . . 7
XIII.
SOLID WASTE DIVERSION . . . . . . . . . . . . . . . . 7
t
II
III
0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
0
42nd, 43rd, 44th, 45th and 46th STREET,
STREET END CONSTRUCTION
ORANGE STREET ASPHALT WALKWAY
CONTRACT NO. 2984
SCOPE OF WORK
SP 1 of 8
The work to be done under this contract consists of
constructing street end improvements and constructing
an asphalt walkway on the beach at Orange Street;
adjusting existing City -owned utility frames and covers
to finished grade; and other incidental items of work.
All work necessary for the completion of this contract
shall be done in accordance with (1) these Special
Provisions, (2) the Plans Drawing Nos. R- 5673 -5, (3)
the City's Standard Special Provisions and Standard
Drawings for Public Works Construction, (1991 Edition)
and (4) the Standard Specifications for Public Works
Construction, (1991 Edition), including supplements.
Copies of the Standard Special Provisions and Standard
Drawings may be purchased at the Public Works
Department for Five Dollars ($5.00). Copies of the
Standard Specifications may be purchased from Building
News, Inc., 3055 Overland Avenue, Los Angeles,
California 90034, telephone (213) 202 -7775.
CONTRACTOR'S LICENSES
At the time of the bid
of work, the Contractor
Engineering Contractor
of California. At the
completion of work, the
Business License issued
HOURS OF WORK
submittal and until completion
shall possess a General
"A" License issued by the State
start of work and until
Contractor shall possess a
by the City of Newport Beach.
7:00 AM - 6;30 PM weekdays
8:00 AM - 6:30 PM Saturdays
No work will be permitted on Sundays and holidays which
disturbs, or could disturb, a person of normal
sensitivity who works or resides in the vicinity.
"Holiday" shall be defined as January 1st, the third
Monday in February (President's Day), the last Monday
in May (Memorial Day), July 4th, the first Monday in
September (Labor Day), November 11th (Veterans Day),
the fourth thursday in November (Thanksgiving), and
December 25th (Christmas). If January 1st, July 4th,
November 11th or December 25th falls on a Sunday, the
following Monday is a holiday.
SP 2 of 8
IV. TRAFFIC CONTROL AND ACCESS
The Contractor shall provide traffic control and access
in accordance with Section 7 -10 of the Standard
Specifications and the Work Area Traffic Control
Handbook (WATCH) also published by Building News, Inc.
V. COMPLETION, SCHEDULE AND PROSECUTION OF WORK
A. The Contractor shall complete all work within
sixty (60) consecutive calendar days, but no later
than December 15, 1994.
B. The Contractor shall complete all work on each
street end or street segment within thirteen (13)
consecutive calendar days after beginning work on
that street end or street segment. The term
"work" as used herein shall include all removals,
adjustments, and replacements, and construction of
alley approaches, street pavement, curb and
gutter, driveway approaches, sidewalk and
irrigation. Also included within the specified
period is curing time for new P.C.C. improvements.
The Contractor must employ sufficient men and
equipment to meet this schedule. If it becomes
apparent during the course of the work that
Contractor will not be able to meet this schedule,
he will be prohibited from starting additional
work in additional sites until he has exerted
extra effort to meet his original schedule and has
demonstrated that he will be able to maintain his
approved schedule in the future. Such stoppages
of work shall in no way relieve the Contractor
from his overall time of completion requirement,
nor shall it be construed as the basis for payment
of extra work because additional men and equipment
were required on the job.
The Contractor will be assessed $500.00 per day
(including Saturdays, Sundays and holidays)
liquidated damages for each day in excess of the
thirteen (13) consecutive days allowed for 100%
completion of the construction work at each street
end or street segment. Additional liquidated
damages shall be assessed for failure to complete
the project as specified under Section VII,
Liquidated Damages.
C. The Contractor shall begin the project with the
construction of no more than three (3) non-
consecutive street ends. The Contractor shall
complete the first group of street ends, including
cure time, prior to beginning construction of the
final group of street ends.
• SP 3 of 8
D. The Contractor is responsible for ensuring the
availability of all material prior to the start of
work. Unavailability of materials will not be
sufficient reason to grant the Contractor an
extension of time for 1008 completion of work of
each street end or street segment.
E. No work shall begin until a schedule of work has
been approved by the Engineer
VI. PAYMENT
The unit or lump sum price bid for each item of work
shown in the proposal shall be considered as full
compensation for all labor, equipment, materials and
all other things necessary to complete the work in
place, and no additional allowance will be made
therefor.
Payment for incidental items of work not separately
provided for in the proposal shall be included in the
unit price bid for each item of work.
Partial payments for mobilization and traffic control
shall be made in accordance with Section 10264 of the
California Public Contract Code.
VII. LIQUIDATED DAMAGES
Commencing on December 16, 1994, the Contractor shall
pay to the City, or have withheld from monies due the
Contractor, the daily sum of $500.00 in lieu of the
daily sum of $250.00 specified in Section 6 -9 of the
Standard Specifications.
VIII. NOTICES TO RESIDENTS AND "NO PARKING" SIGNS
A. Notice to Residents
Forty -eight (48) hours before restricting
vehicular access, the Contractor shall distribute
to each affected address a written notice stating
when construction operations will start and
approximately when vehicular accessibility will be
restored. The written notices will be prepared by
the Engineer. The Contractor shall insert the
applicable dates and time at the time he
distributes the notices. Errors in distribution,
false starts, acts of God, strikes or other
alterations of the schedule will require
Contractor renotification using an explanatory
letter furnished by the Engineer.
B. "NO PARKING -TOW AWAY" Signs
The Contractor shall furnish, install, and
maintain in place "NO PARKING -TOW AWAY" signs
which he shall post at least 40 hours in advance
• • SP 4 of 8
of the need for enforcement. In addition, it
shall be the Contractor's responsibility to notify
the City's Police Department, Traffic Division at
(714) 644 -3740, for verification of posting at
least 40 hours in advance of the need for
enforcement.
The signs shall (1) be made of white card stock;
(2) have minimum dimension of 12 inches wide and
18 inches high; and (3) be similar in design and
color to sign R -38 on the Caltrans Uniform Sign
Chart.
The Contractor shall print the hours and dates of
parking restrictions on the "No Parking -Tow Away"
signs in 2- inch -high letters and numbers. A
sample of the completed sign shall be approved by
the Engineer prior to posting.
C. Street Sweeping Signs
After posting "No Parking -Tow Away" signs, the
Contractor shall bag or cover the street sweeping
signs in a manner approved by the Engineer.
Immediately after completion of the work and upon
removal of the "NO PARKING -TOW AWAY" signs, the
Contractor shall uncover the street sweeping
signs.
IX. CONSTRUCTION SURVEY STAKING
Field staking control of construction will be provided
by the Engineer.
X. WATER
If the Contractor desires to use City's water, he shall
arrange for a meter and tender a $500 meter deposit
with the City. Upon return of the meter in good
condition to City, the deposit will be returned to the
Contractor, less a quantity charge for water usage.
XI. SITE PROTECTION
The Contractor shall take all reasonable means to
prevent contamination of beach sand adjacent to the
project site. The beach shall be kept clean of
construction debris and trash which are the result of
the Contractor's operations. Prior to construction,
the Contractor shall provide the City with an adequate
hazardous material spill contingency plan and
demonstrate a satisfactory method of preventing
asphalt, fuel or oil being discharged into the ocean
during construction. Beach sand that is contaminated
as a result of the Contractor's operations shall be
removed and disposed of in accordance with Federal,
State and Municipal laws and codes by the Contractor at
his expense.
• • SP 5 of 8
XII. CONSTRUCTION DETAILS
A. Street Construction
Removals and Excavation
The work shall be done in accordance with
Section 300 - 1.3.2. of the Standard
Specifications except as modified and
supplemented herein. Final removal at the
sawcut lines may be accomplished by the use
of jackhammers or sledgehammers. Pavement
breakers or stompers will not be permitted on
the job. Final removal accomplished by other
means must be approved by the Engineer.
Existincr Utilities
The Contractor shall be responsible for any
damages to existing utilities resulting from
his operations.
The Contractor shall adjust to finish grade
all water valve covers, and monuments prior
to the placement of pavement.
Flow Line Tolerances
The Contractor shall hold the flow line
tolerances to within 0.01 feet of those
elevations shown on the plan.
Cure of P.C.C. Improvements
The Contractor shall not open street
improvements to vehicular use until P.C.C.
has attained the minimum compressive strength
specified in Section 201.1.2 of the Standard
Specifications. Said strength may be
attained more rapidly to meet the time
constraints of Section V.B. herein by the use
of additional portland cement admixtures with
prior approval of the Engineer.
5. Base Material
The Contractor may use crushed aggregate base
or crushed miscellaneous base as his base
material in accordance with Section 200 -2.2
and 200 -2.4, respectively, of the Standard
Specifications.
• y
0
E
Asphalt Walkway Construction
1. Asphalt Concrete
SP 6 of 8
Asphalt concrete shall be Type III -D -AR -4000,
and shall conform to the provisions of
Section 400 -4, "Asphalt Concrete" of the
Standard Specifications and these Special
Provisions.
2. Asphalt Treated Sand Base
This work shall consist of mixing native
beach sand and asphaltic emulsion, spreading
and compacting the mixture to the lines,
grades and dimensions as shown on the plans
and as specified in the special provisions.
The asphaltic emulsions shall be SS-1h
conforming to the provisions of Section 203.3
of the Standard Specifications. The
asphaltic emulsion shall be added to the
native beach sand at the approximate rate of
7 1/2% by weight of the dry sand. The water
content of the sand at the time the emulsion
is added shall be approximately 3 %.
Trash and debris shall be removed from the
sand before mixing. The mixing operation may
occur off site or in place using a traveling
pug mill or cross shaft type mixer. After
mixing the material shall be spread to the
proper limits and depth and compacted.
Before compaction, alternate windrowing and
spreading of the mixture shall continue until
optimum moisture content is obtained.
Rolling shall be in accordance with Section
302 -5.6 of the Standard Specifications and
these Special Provisions. Rolling equipment
shall consist of power rollers of the
pneumatic and tandem types. Rolling shall
start immediately after the mixture has cured
sufficiently to support the weight of the
rolling equipment. Areas or slopes that are
inaccessible to rollers shall be compacted by
power tamping.
The total compacted thickness of the treated
base shall be minimum of six inches. The
completed base shall not deviate at any point
more than 0.5" from the bottom of a ten foot
straight edge laid in any direction. The
completed base shall be compacted to a
relative compaction of not less that 95% when
tested by California Test 216.
1 •
0
Bicycle Rack
SP 7 of 8
The bicycle rack shall be a ribbon style rack
such as Model RB9, as manufactured by Brandir
International or Model 2170 -9, as
manufactured by TimberForm Cycloops, or
approved equal. Pipe shall be schedule 40
steel pipe (2.375" O.D. X 0.154" wall
thickness) ASTM A53, hot dipped galvanized
after fabrication. The rack shall be surface
mounted with stainless steel hardware.
C. Irrigation and Landscaping
Irrigation
All controller wires shall be 14 gauge multi -
strand insulated electrical wire. Controller
wire shall be installed to the existing
sprinkler controller at 56th and Seashore.
Additional controller wire shall be installed
and stubbed out at each intersecting street
end between 56th Street 46th Street. In
stubbing out the controller wire at each
additional street end Contractor shall coil,
band and bury to a depth of 4 -feet below the
surface of the existing sand sufficient
controller wire to connect future irrigation
valves at each additional street end. All
irrigation lines and fittings shall be 3/4"
schedule 40 P.V.C. The Contractor shall plug
and pressure check the irrigation system to
175 P.S.I for a period of one hour. Any
leaks shall be repaired prior to landscaping.
Landscaping
The Contractor shall install two multiple
trunk Mediterranean fan palm trees, 24 -inch
box, at each street end. The planters, at
each street end, shall be landscaped with
twenty 5- gallon plants per street end. Each
planter shall have 5 Natal Plum and 5 pink
ladies. Prior to planting the Contractor
shall fill the planter, to a depth of 6-
inches, with a soil mixture approved by the
Engineer.
XIII. SOLID WASTE DIVERSION
Unless specified elsewhere in this contract, all non -
reinforced concrete and asphalt wastes generated from
the job site shall be disposed of at a facility which
crushes such materials for reuse. Excess soil and
other recyclable solid wastes shall not be disposed of
at a sanitary landfill.
r
,
i
SP 8 of 8
The Contractor shall maintain monthly tonnage records
of total solid wastes generated and solid wastes
disposed of at a sanitary landfill. The Contractor
shall report said tonnages monthly to the Engineer on a
form provided by the Engineer.
•
•
•
7
August 25, 1994
CITY COUNCIL AGENDA
ITEM NO.-- 14 - - --
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: OCEAN FRONT STREET END CONSTRUCTION PROGRAM;
ORANGE STREET ASPHALT WALKWAY (C -2984)
RECOMMENDATION:
1. Approve the plans and specifications.
2. Authorize the City Clerk to advertise for bids to be opened
at 11:00 a.m. September 8, 1994.
3. Affirm the Notice of Exemptions for the Ocean Front Street
End Construction Program and Orange Street Asphalt
Walkway.
DISCUSSION:
This project provides for the construction and replacement of
7,200 square feet of roadway, 3,000 square feet of sidewalk improvements,
610 linear feet of curb, and construction of a remote control irrigation system
to be connected to an existing irrigation controller at 56th Street. Locations
are shown on the attached Exhibit "A ". A beach access walkway, similar in
design to the recently constructed walkway at 11th Street, is to be
constructed at the extension of Orange Street.
The Ocean Front Street End Improvement Program provides for
the construction of street end improvements between 42nd and 46th Street.
Per an agreement with the California Coastal Commission, the City is
committed to constructing at least 3 street end improvements per year with
funds generated through permitted encroachments; and to construct the
Orange Street access walkway. These improvements will facilitate access and
maintenance of the area.
Staff has prepared Notice of Exemptions for the Ocean Front
Street End Construction Program and the Orange Street Asphalt Walkway.
Staff has determined that the proposed'project is Categorically Exempt (Class
1 and 4) from the provisions of C.E.Q.A. (existing facilities, minor alterations
to the land). These documents will be sent to the County Clerk within 5 days
after Council Affirmation.
0
E
SUBJECT: OCEAN FRONT STREET END CONSTRUCTION PROGRAM;
ORANGE STREET ASPHALT WALKWAY (C -2984)
August 22, 1994
Page 2 •
The Engineer's total construction estimate is $130,000.
Sufficient funds to award this amount are available in a carryover
of the Fiscal Year 1993 -94 Appropriation and the 1994 -95 Appropriation for
Ocean Front Street End Improvement Program.
The plans and specifications were prepared by the Public Works
Department. All work should be completed by December 15, 1994.
aviv�, Z2, J�z
Benjamin B. Nolan
Public Works Director
SL:so
Attachment
•
•
0
•
•
O
\tv
A
It,
a
a
9�
t
0
O�
OC
Aq
CI
�I
c
co
o qSt.
�Ic
[�O.CAT I ON MAPS
C I TV OF NEWPORT BEACH RPPROVED:
PUBLIC WORKS DEPRRTMENT
EXHIB I T "A 3 Rug 1994 ` E N. T. S.
DOM M. GRRCIR
Authorized to Publish Advertisements of all kind
luding public notices by
Dccree of the Superior Court of orange County, dotnia. Number A -6214,
September 29, 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
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:
August 26, 31, 1994
I declare, under penalty of perjury, that the
foregoing is true and correct.
Executed on . August 31 _, 199 _4
at Costa Mesa, California.
0
_I M