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HomeMy WebLinkAboutC-3001 - Ocean Front Street End Improvements, 47th to 50th StreetsMay 28, 1996 Nobest, Inc. P.O. Box 874 Westminster, 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 CA 92684 (714) 644 -3005 Subject: Surety: Contractors Company Bond No.: CB 2539 Contract No.: C -3001 Project: Ocean Front 47th Street Bonding and Insurance Street End Impovements from to 50th Street On April 8, 1996, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. The Notice was recorded by the Orange County Recorder on April 19, 1996, Reference No. 19960196226. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk By Na C. Lace7�6 Acting City Cler LH:lm cc: Public Works Department 3300 Newport Boulevard, Newport Beach RECORDING REQUESTSBY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, in the County of orange, California Gary L. Granville, Clerk /Recorder 111111111111111111 No Fee Oes 254019 16 54 M99960196226 04;30pm 04/19/96 N12 1 7.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City f Newport (dp4ii y wport Beach, 3300 N lltn Boulevard, Newport Beach, California, 92663, as Owner, and Nobest. Inc. as Contractor, entered into a Contract on December 1, 1995 Said Contract set forth certain improvements, as follows: Ocean Front Street End Improvements from 47th Street to 50th Street Work on said Contract was completed on March 15, 1996 , and was found to be acceptable on April 8, 1996 by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Contractors Bonding and 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 CC� �� P /(v X199 at Newport Beach, California. BY 6 /n . �,J City Clerk rvl r" 1. �7 �f 0 • TO: Mayor and Members of the City Council FROM: Public Works Department C 8-) April 8, 1996 CITY COUNCIL AGENDA ITEM NO. 7 BY THE CITY COUNCIL CnY OFF f NEWPORT BEACH SUBJECT: COMPLETION AND ACCEPTANCE OF OCEANFRONT STREET END IMPROVEMENTS FROM 47TH STREET TO 50TH STREET CONTRACT NO. 3001 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. DISCUSSION: The contract for the construction of curb, gutter, roadway, driveway approaches, sidewalks, planters and landscaping at 47th, 48th, 49th and 50th street ends has been completed to the satisfaction of the Public Works Department. The contractor was Nobest, Inc., of Westminster, California. The bid price was: $97,755.50 The amount of unit items constructed: 89,855.20 Amount of change order: 4.910.31 Total contract cost: $94,765.51 The decrease in the amount of the unit price items constructed resulted from a decrease in the quantities of concrete alley approaches and concrete roadway. Also, City forces replaced a fire hydrant that was originally included in the contract, thus deleting this item from the original contract. One change order was issued in the amount of $4,910.31 for the removal and replacement of a driveway, and a negotiated compensation for delay costs to the contractor due to a non- merited lawsuit filed by a resident. 0 1] SUBJECT: COMPLETION AND ACCEPTANCE OF OCEAN FRONT STREET END IMPROVEMENTS FROM 47TH STREET TO 50TH STREET CONTRACT NO. 3001 April 8, 1996 Page 2 Funds for this project were budgeted in the General Fund under the Ocean Front Street End Improvement Program, Account No. 7013- C5100014. The project was completed ahead of the scheduled completion date of March 15, 1996. Respectfully submitted, `� PUBLIC WORKS DEPARTMENT Don Webb, Director Horst Hlawatyy Field Engineer Attachment • L� • 0 0 i Q�oS w o O FO z o / 7a w < O oG �s w� �v 0 G off, 4 4~ G~ co CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT STREET END IMPROVEMENTS FROM 47TH STREET TO 50TH STREET --3001 DATE 6 APPROVED PROJECT ENGINEER DRAWING NO. EXHIBIT "A" 0 0 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 �d 14 X,s 1.2 -/ -75 TO: PURCHASING /ADMINISTRATIVE SERVICES DEPARTMENT FROM: CITY CLERK DATE: December 1, 1995 SUBJECT: Contract No. C -3001 Description of Contract Ocean Front Street End Improvements from 47th Street to 50th Street Effective date of Contract December 1, 1 Authorized by Minute Action, approved on November 13, 1995 Contract with Nobest, Inc. Address P.O. Box 874 Westminster CA 92684 Amount of Contract $97,755.50 Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach L/ • 6 CITY CLERK'S COPY NOTICE INVITING BIDS 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 26th day of October, 1995, at which time such bids shall be opened and read for OCEAN FRONT STREET END IMPROVEMENTS FROM 47TH STREET TO 50TH STREET Title of Project 3M Contract Number $100,000.00 Engineer's Estimate � ��WPpRT 1-1 i=0 Vk Approved by the City Council this 14th day of August, 1995 C' Wanda E. Raggio 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 Luv at 644 -3330. Project Manager R 0 0 PR1of6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL OCEAN FRONT STREET END IMPROVEMENTS FROM 47TH TO 50TH STREET CONTRACT NO. 3001 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, California 92663 -8915 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3001 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL NO. AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization and Traffic Control Five Thousand Eight Hundred Fifty Dollars and No Cents $5,850,00 per Lump Sum 2. 650 L.F. Construct Type "B" P.C.C. Curb Fifteen Dollars and N9 Cents $15.00 $ 9.750.00 per Linear Foot , PR2of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL NO. AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 3. 600 S.F. Construct P.C.C. Driveway Approach Four Dollars and Folly Cents $4.40 $ 2.640.00 per Square Foot 4. 650 S.F. Construct P.C.C. Driveway Approach with Thickened Edge Four Dollars and Eiger -Five Cents $4.85 $ 3.152.50 per Square Foot 5. 1,700 S.F. Construct P.C.C. Sidewalk Three Dollars and No Cents $3.00 $5100.00 per Square Foot 6. 200 S.F. Construct P.C.C. Landing with Thickened Edge Four Dollars and Eiger -Five Cents $4.85 $970.00 per Square Foot 7. 1,000 S.F. Remove Existing and Construct New Alley Approach Four Dollars and Feral Cents $4.40 $ 4.400.00 per Square Foot • ITEM QUANTITY ITEM DESCRIPTION AND UNIT NO. AND UNIT PRICE WRITTEN IN WORDS 8. 5,400 S.F. Construct 6 -inch Thick Roadway 0 PR3of6 UNIT TOTAL PRICE PRICE Four Dollars and Seventy-Five Cents $4.75 $ 25.650.00 per Square Foot 9. 1 Each Remove and Replace Existing Fire Hydrant Four Thousand One Hundred Twenty -Three Dollars and No Cents $4.123.00 $4.123 00 per Each 10. 4 Each Install 1 -inch Water Service Sixteen Hundred Dollars and No Cents $1.600.00 $ 6.400.00 Per Each 11. 4 Each Install P.C.C. Meter Box One Hundred Five Dollars and No Cents $105.00 $ 420.00 Per Each 12. 4 Each Install 314 -inch Backflow Preventer with Enclosure and Certification Fourteen Hundred Dollars and No Cents $1.400.00 $ 5.600.00 Per Each L ITEM QUANTITY ITEM DESCRIPTION AND UNIT NO. AND UNIT PRICE WRITTEN IN WORDS 13. 4 Each Install Sch-40 P.V.C. Irrigation Lines, Sprinkler Heads and Fittings 0 PR4of6 UNIT TOTAL PRICE PRICE Sixteen Hundred Dollars and No Cents $1.600.00 $ 6.400.00 Per Each 14. 4 Each Install Electric Irrigation Valves Two Hundred Ten Dollars and No Cents $210.00 $ 840.00 Per Each 15. 4 Each Connect New Electric Irrigation Valves to Existing Irrigation Controller Wires Two Hundred Ten Dollars and No Cents $210.00 $840.00 Per Each 16. 4 Each Install New Plastic Valve Box Fifty-Five Dollars and No Cents $55.00 $220.00 Per Each 17. 200 L.F. Install 1" Sch-40 Electric Conduit for Telephone Wires and Valve Wiring Five Dollars and Eift Cents $5.50 $1.100.00 per Linear Foot PR5of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL NO. AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 18. 4 Each Install New Galvanized Steel Parking Meter Posts Two Hundred Dollars and No Cents $200.00 $800.00 Per Each 19. 8 Each Provide and Install Mediterranean Fan Palms (24" Box Size) Four Hundred Twenty- -Five Dollars and No Cents $425.00 $ 3.400.00 Per Each 20. 80 Each Provide and Install Tree Aloe Shrubs (1- Gallon Size) Six Dollars and Twenty-Five Cents $6.25 $500.00 Per Each 21. 240 L.F. Construct Block Wall Planters Fody Dollars and No Cents $40.00 $9.600.00 per Linear Foot 0 PR6of6 TOTAL PRICE IN WRITTEN WORDS Ninety-Seven Thousand Seven Hundred Fifty -Five Dollars and Fifty Cents Bidder's Name Bidder's Address P O Box 874 Westminster CA 92684 Bidder's Telephone Number 714 - 892 -5583 Contractor's License No. & Classification 359622A $97.755.50 Total Price 10 -26 -95 starry Nodland. President Date Authorized Signature & Title Page 2 •� • : �� 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 total bid prices. 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. 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). 5/91 E 0 Page 2A 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 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. Contractor's License No. & Classification Bidder 10/26/95 Date 5/91 s /Larry Nodland President Authorized Signature/Title 9 0 Page 3 2 ra M 1593 2 ]DOMIRMIUM612 I I MOTOMN 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 Subcontractor Address 1. Landscape & Irrigation S &M Landscape Azusa. California 2. Fire Hydrant Coast Pipeline Villa Park. California 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Nobest. Inc. Bidder 5/93 s /Larry Nodland President Authorized Signature/Title 0 KNOW ALL MEN BY THESE PRESENTS, Page 4 That we, Nobest. Inc. as bidder, and Contractors Bonding and Insurance Company, as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten Percent of the Bid Amount Dollars (1 ° ), 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 Ocean Front Street End Improvements from 47th to 50th Street. Contract No. 3001 (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 18th day of Octobe r, 1995. Nobest. Inc s /Larry Nodland President Bidder Authorized SignaturetTitle Christopher J. Coats Notary Public Commission Expires: July 15. 1996 5/91 Contractors Bonding & Insurance Company SURETY By_s /Linda D. Coats (Attach Acknowledgment of Attorney -In -Fact) 0 0 State of California ) ) ss. County of Orange ) Page 5 Larry Nodland, being first duly sworn, deposes and says that he or she is President of Nobest. tm., the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, south by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct. Nobest. Inc. s /Larry Nodland President Bidder Authorized Signature/Title Subscribed and sworn to before me this 25th_ day of October, 1995. [SEAL) David E. Poole Notary Public My Commission Expires: May 14, 1997 5/91 • • 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 Nobest Inc. Bidder 5/91 SEE ATTACHED LIST s /Larry Nodland President Authorized Signature/Title 110BEST II)CORPORATED Reference List 1. CITY OF CULVER CITY Project: Duquesne Ave. Contact: Vernon Nickerson (310) 202 -5791 2. CITY OF ANAHEIM (b1AINTENANCE DEPT.) Project: Concrete replacemcrlt Contact: Jarques laureno (714) 254 -68B4O 3. CITY OF GARDEN GROVE Project: V.rioUS 1.Qc2LLions sidu%jalk Contact-: Jug Gomez (714) 741 -5385 4. CITY Of HUNTINGTON PARR Project: Salt Lake Avenue Contact: Pat Pu (213) 582 -6161 5. LOS ANGELES CO. DEPT. PUBLIC WORKS Project. Lexington siauwalks COntaCL: ROLcrt Swartz (318) 458 -3122 6. CITY Or COSTA MESA Project: Lourding P „ds Contact: Tom Banks (7140 754 -5222 0 $820,000.00 $•1001000.00 $250,000.00 $117,000.00 $ 39,000.00 $ 26,500.00 U Nq • • : •• _; lJ 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 (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: Propedy-Casually. 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 Page 8 Bond No. CB 2539 PAYMENT BOND Premium: Included Executed in Quadruplicate KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted 11 /13/95 has awarded to Nobest. Inc. hereinafter designated as the "Principal ", a contract for Ocean Front Street End Improvements From 47th to 50th Street (Contract No-M) 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. 3001 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We, Nobest Incorporated as Principal, and Contractors Bonding and Insurance Company as Surety, are held firmly bound unto the City of Newport Beach, In the sum Of Ninety -seven thou and seven hundred Dollars ($ 97, 755.50 ), said sum being equal to 100% o t es ima a am un 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. The bond shall inure to the benofit of any and all persons, companies, and corporations entitled to file claims under Section 3181s 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. 5/91 t •, Page 8A 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 20th y f November ,o as da o Nobest Inc Name of Contractor (Principal) Contractors Bonding and Insurance Company Name of Surety 23172 Plaza Pointe Drive Laguna Hills, CA 92653 Address of Surety Authorized Agent Signature Linda D. Coats, Attorney in Fact (714) 770 -9733 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 5/91 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On I I —2C) before me, DATE personally appeared Larry Nodland David E. Poole , Notary Public NAME. TIILE OF OFF ILER � E.G.. LANE DOE. NOTARY PU©LIC- NAIAEISI OF SIGUE "(Si IIU 5w1 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their g. DAVO E�E signature(s) on the instrument the person(s), GZ , O�MAA. #989929 a > �' < or the entity upon behalf of which the �'.� •�.�. - NOTARY MC � Y P p COUNTY ay1 � person(s) acted, executed the instrument. ►M r�rfls.►A�y ta, t�7 ! it ir�l�il 1 WI SS my hand and official eal. SIGNAIURE 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 President RTLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENT MIES) 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 - 6236 noumler Ave.. P.O. Box 7184 • Cancga Pak CA 913897184 0 6 ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles oil 11/20/95 before fife, CHRISTOPHER J. COATS, NOTARY PUBLIC (late Name, 111le of Officer- e.g. ".lane floe, Notary Public" personally appeared LINDA D. COATS Names(s) of Signer(s) personally known (o file or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to (lie within ins(rnment and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) oil the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. Witness my 1►and and official seal, nature Of .. CHRISTOPHER J. COATS COMM. #969482 y " �LOOSAicaMCalrlrf m My GOMM. Esp M -W 15,1985 �000s000000000oo.- oesowo• A7 "TENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized documents. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: 'Title or Type of Document Number of Pages Date of Document OPTIONAL SECTION/ CAPACITY CLAIMED BY SIGNER Individual(s) _Pariner(s) _Attorney -in -Fact _Corporate _Other Officer(s) '1'itic(s) SIGNER IS REPRESENTING: Name of persons or entity(ies) 0 wNIN rasa UfT PR®DSthd COfdl11AC1011S BONCIMANDWWRANCE IpBDANY,gcagpmtion bad W.Id and existing Innr4iu6eq o(t��alao7 `dY ln¢yLCrrd �>iagjgpirripol nfGa m geadq lCig Caumy,NMNngtan, aloe hytherfsamsmalu,muNaa aid eppda Ll1 NN UU 1i UU GG CC1I1IiL lI DD at LA UNA I1l(iUG (.A es Ins and lewfulaltmryiMxt,whh bl pawrand euthoitytnrobycmfened in its nmgploand atad,baacate, rknowledgnnd dolimttwbon44deaciibedabowt and to lied theCompony thereby tsfuly rdbthesraeffiras iamb each boldwaaigrwd b/IMPnsdrt, salad with dreorpnntaad dthalSetpanyand dry engaged by IIISKary; badyfet" and mntining obthatNw ai pvq�a /(aqd ewYdo, thspnmisageldeppdmsdrrnwdsuadrandby odhsayoFtlwbDowing moWiraedopbdbyMe BcerdaDarAau OFCONRd4C10 f6BCtDNg3NpIfBNRAI/WODMRWYon ��U "' "3 RESOLVED that the President is authorized tea olnt as ahemedndect of the Ca t6hg N D A D. COATS DP Y with Finger and Amory ytanirow behalf of the Company tiara Tk there away hwtla srhidt msytran time, time b approval by P.L. Thad r Bmbera ThM, in arch penal Gums and oaording b smh cendtiam as may M approad by 0.LihM or Barbara ihisL RBMLVED FURTHER that Inch Power at Attorney mud ON forth the spocthcdsafpdae of the hand to which d applies, the, name of ft principal, the cerro of de obligor, the penal east tad bond nunbr [except for a bid bond whom them I, no naabr). the Wouldsing number of the marnryIm4wL the idertifyiq number of the Power ofMormy, and the fume and sign WIN of RLThid ar Barbara TNd; and may setfodh the dasriptionmd smowd of additional Mameaco or celateal, if sea. RESDLYED FURTHER the 0.1- ThM or Barbara Thiel is authorized to establish a specific wpiretion We for the Pear of Attarwy and to mod'dy thd data tam Nine to Nme as RL Thial or Barbra That deems necessary in his Thar sale discretion; the applicable axpinlian date to M dandy set forth in any mitten Porn of Attorney. errcemgaamw PnyaemeN pertrmaNawnd ps,aIraromance and payar"DoUiplan in as hood tam) escoad YlIXA 00iftha band isguastd by the Small BusinasAdanistatinn; (b) the panel ern of any band not gmndaed by d atknel B"oasAdministatiw (other than a bid bond wtich,furlhr militated by dun Cal) exceed 113AMODO; rot Cc) add bond which is mgaerenteed by the SeMlBwinsssAdminiatnEan beweatedfor a id ehars,if M coated is awarded, the band praltyaa ay pedanwnm baud, peyrwa bond, or combination prformaoce and peornM bwd(ia, a performance and psymant obligation in am bead fear) tobe executed panne b for rid bead is to scad53AW.000. RESUMED FURTHER that the abeam maed Attomeyie4al is granted power andafhodty to emsdthe appticdlepmel hind, set forth in the immediately preceding nsoNtion for my basal is an..art"Ito ties smarm at say addtien mingranae or of any mb,lalam alaaditarother sociallymagiadasmUsmrclexurdy, by the Wmp.nyaiaduormdb Wastivaboad, as long 4s the description and areaoe of additional ninsrameor cdteteml an stfodt in the Pass, of Atbor"F RESOL VWFUWMR that lherdhriirodetiaaatuy alfheCampenyto cng/y the Nthra icyy and eRecdaemsaltheforegoing naaWtun in any Lkdtedlbour at Afbrney is hereby delegstd b the fallamrig prsom.theagnotan of any of the bllomag to bind the Compay rih impact to the authodlcyY rd offoctisemaa of Iha bngdag nso,tions as if signed by the Baratry of the Campay; RLThM, Brban ThialurAso Cnul. R6SOLVEDFURTM9! that the aigoatura (indudingcorhfirtun that On Pena rofAvemsyinstill in force sad eflacC of Rl. iAie'or Sarbw ThM,mdbriryPWk, and ttocerpora4wd Notary awls ppsdng on any Umi1ad Powr ofAnarwy cerMfning this and tad foagdng nsoludane as wall as the UrabdPnwr of Adrney ilsFas well as Its tenamiaion, maybe by bwsimile; sad such limdad Proar of Attorney Mall be da mdm original in all aspeda RBOLVEDFURTUM Net agnsaft6ona adopted prior to today appointing the abon nomad as agarwyvnf[afor the Company an hereby MupraWd. IN WITNESS WHFRj1Wtf7TRACTORS WHIMS AND INSURANCE COMPANY has caned then pro to be signed by R.L.Thiel and Barbre Thiel, and its corporato sal to be henna .M..d 1' ff 9 f y.] AND INSURANCE COIAPANY A.L. Thiel - - - - -- g rarb. Thiel STATE OF CALIFORNIA — COUNTY OF ORANGE ,. 1/09/93 ,bbre me, VON. ZV.S... Notary Pnac in and bat lee Strte of Cddomia, Cow ay of Orange, personally appeared R. Thal and When Ttlat, personally h main bens to Or the peaa na whose .eves ae.,bmibd to the within Limited Power of Attacey end oclnoMadgad to rot that they enculed the s no in their authotizd apactws and that by their signatures an the Lin had Powmt at ANcrney CM executed the LmmdPowor of AftarwA N W17NMSWHEREOF, I hen hamunb am an a nx myo nor goal ta ryas gear aNwrilten. YOIANOA2. VfkEGA 001" MRC616 rte Notary Public — Callfamya FAY Canm. FaphweC pC2. IWy r NohryP ,aMfr tho is ai rag etl + - - -- The undersigned, actingunder suthorilyathnBoerdofDincfors of CONTRACTORSBCfDNOAND INl9N y,hsmby or infieuofCsdifialeatheSl tdgofCOWRAMRS SODNC AND OMRANCE COMPANY, Oatthe ob"Oead foregoing isa bl, how sad erred cagy a de Poorer of AMrney' by add Campsay, onddae hrobtifurthr prriy that the and Power of AMOrrayie atilt n tarn mde4cf. GNB: antlw ay#Nq, a� 4u Hi 1IS, CA th, 2U — aaYar_ NOV TD_ 45 A1181015D) —_ • ' • Page 9 Bond No. CB 2539 FAITHFUL PERFORMANCE BOND premium: $1056.00 Executed in Quadruplicate KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted 11/13/95 has awarded to Nobest Inc.. hereinafter designated as the 'Principal', a contract for Ocean Front Street End Improvements From 47th to 50th Street (Contract No.m) 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. 3001 and the terms thereof require the furnishing of a bond for the faithful performance of the Contract; NOW, THEREFORE, we, Nobest Incorporated as Principal, and Contractors Bonding and Insurance Company as Surety, are held firmly bound unto the City of Newport Beach, in the sum of Ninety -seven thousand seven hundred Dollars ($22,755._50_), said sum being equal to 100% of a timate amou t o he 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 thrr contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the contract or to the work or to the specifications. 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. 5 /9: • I • Page 9A 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 20thday of November —119-15 t---� Nobest Inc. Name of Contractor (Principal) Contractors Bonding and Insurance Company Name of Surety 23172 Plaza Pointe Drive Laguna Hills, CA 92653 Address of Surety Authorized Agent Signature Linda D. Coats, Attorney in Fact (714) 770 -9733 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 5191 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On 11 - zo `? s before me, DATE personally appeared Larry Nodland 0 David E. Poole , Notary Public NAME. NILE OF OFFICEN E.G.,VANEOOE,IIOTAFIVfU61.IC" NAME(S) OF 51G1'E8(SI I,,, 51ti1 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their DAVID E. POOLE signature(s) on the instrument the person(s), ^' COMM. #989929 a or the entity upon behalf of which the 19OT E�IFORNIA person(s) acted, executed the instrument. Carm Expires May 14,1997 [ 71!1.1 yd and official s al. J SIG14ATUHE 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 President TITLES/ ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PENSON(SI ON 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 Rl:nu el Are.. P.O. Boa 7 104 • Cane9a Pa1N CA 91909 7104 0 0 ALL - PURPOSE ACKNOWLEDGMENT State of California Comely of Los Angeles On 11/20/95 before tire, CHRISTOPHER J. COATS, NOTARY PUBLIC Dale Nanoe,'1'ille or Officer - e.g. ".lane Doe, Notary Public" personally appeared LINDA D. COATS Namea(s) of Signer(s) personally known to file or proved to lire on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to life that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on life instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal, CHRISTOPHER J. COATS i w ' D COMM. #969462 N to NOTARY PDaUC- Ca1EOMA m Q2 LOS ANGELES COUNTY b • •o ° My Comm. Eviras July IS, 199E m oat or o Not ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent altacbment of this certificate to unauthorized documents. THIS CERTIFICATE MUST RE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGIIT: Title or Type of Document Number of Pages Dale of Document OPTIONAL SECTION/ CAPACITY CLAIMED BY SIGNER _Individual(s) ,Partner(s) _Alloraey -in -Fact _Corporate _Other Ofneer(s) '1'illela) SIGNER IS REPRESENTING: Name of persons or enlity(les) 0 0 aaArt' AIL a By INIUMEtAFMWMt st(XtHMCFORSBDMMG AM INSURANCE ingsdtie, Kag Cmaty,Yhshingtm,eoe byMerporela mior,mrMUiemdgyotat W iffi w ' rym dandeiog , , rcoff. A U Go at LAGIl i1A tl l(iUCL i.A iCs hueaed leddaNrrryaHed.reMfulpa aramimthodylnrab/ ocar"din the remt, pleceand shrd,to sawnrN adwnmimigmad diirertfrhonQQdmrnLsdahaeraM Is bndtheCompnythreby an hdy ardtaSesrmment as faach such handwas signed bydrPtesidwer,amindrilh ducorpmelle Mal dMsmmpolmdduyattoaYdhy hardrry; haahyrtl ing wed mnfiarhgatl UatthemlMp2vtia ( qf3 my do in thepremiemSid eppoiidrwi u made aedrardby rfterdyoftiefulbdng reoehaioasadopted by the Somdofaebo cfCWrWZMMKI DMANDN9fRlNCECOMMMI' n ml d"3 V 4 � Y RESOLVED that the president Is authorized to appoint as anomey.io-laa of the Comp NDA D, COATS whh power and authodytosign on behalf at the Company these euny bands which me ybam time te time be approved by P1. Thal m Bober, Thiel, in such penal a=*and eccrdag to aarch casdtisns a mry d operand by R.L.Thialr Barbera Thiel RfSOLVEDFURTNERthat each Fewer Of ABOrasy Nand M forth Me speNlcderlpdoa of hatband to which N appitea, the same at Me pdreipl, the name of Br oblIgm,, the panel sung, fit* bond number )except for a bid bond when there Is no number), the Identifying murebr of to allerney4wis4 the idrt'fyN number of the Power of Attorney, and the as"and sipalun of RL Thiel at Barbara li and mry ad forth the dscdphonand amount at addtional riuunent or wlebrd, a sae. PBSOLVE1FURTER thatRL Thiel or Be Nan This) is rdhorized to safe Wave a specific expiration date tar the Panama of Athwasy and to mdily thin date tam Nme toNnane RL Thiel or Barbara Thiel chains necessary in his /her ado disaelica; the applicable expiration data to be deity of forth in any written Pamr of Attorney. is not guaranteed by the Small Rhamems Administration he steadied for a yb whem,it the coahutis awarded, the bond penalty cm my pantamroA book payment bond, or combination Forlornness. and payment bond Cm, a pedormance and payment oblignition in ens bond form) tobe executed pursuant to th bid board is to exuedp/DD,000. RESOLVE) FURTHER that the above named gnmey4o -tint is gmnbd p nuerand minority to moved the appfiGd" peal limits met half in the amedidy precedeg resolution for any band in an mount equal to des amaud of any additional nimumnao or at any cash.laer of ondt or other secahy mashed as columned aseurdyby, the amprryan indumrmnto news the bond, as brag as the daarWan andsmaast of additional reinsurance Or collatwol sr, etfcrth in the Power of Atbnuy. RMLVED FtIOWM that the autharity of theSrrehry atfhe Company to candy the authenticity and Asadaaneacf the foregoing rmoldicta insrry huained Poser of At/orney to henry dalealed to the Fogowing persona, he sgrebw of say of the favoring to bind the Company in respect W the authenticity and elfectivesas of the faragobg nsolvema mif signed by Me Secretary of the Company. FU-Third, Barbara Thiel a, Ann Croul, R69OLIf®FYRTM thot"aatume linduding certification list Br RarerofAttemey is alit in force mad afwutj of ILL. Thiel orBaflown Thiel,sndNotary Public, and Ma arprsbm l Notary amts appearing an any UmiW Poaar dAOOrnay canaimng This mdthe foropirg molutians as oral as the lim bedpawor of AUrnsy Asy as wall as its transmission, maybe by bnimils; and aush limaW Power of Attorney ehall be damnation orili and in ant minds. RSSOL fdTFTIMM that almmkitiona adopted prior to today appointing Me abowrremed as Ntpmsyinfadfw the Company an hereby suprsaded IN WITNESSWNEPHAF. LONiM CTORSBCNMNG ANO INSURANCE COMPANY has mumd these presents to hesigned by P.L. Thiel and Barbara Thiel, and its corporateeel to be hereto Mend 11 �/ tFII 99 �� yy ..SS MIDINBURANCECOATPANY r : -PANG By. 0.L. Thiel SEAL STATE OF CALIFORNIA — COUNTY OF ORANGE on, 1 /09 /93 , before lna Imeada L Cage, stesteryPobbe m incifer tlr Steteaf Cdhmia, CounydQengs, pereanahe appmmd Rl Thtedand Badwre ThuyparamulYlnovm to Nato be Me parsons whose *.mess. arbspibad b the within UmNsdPosar of Attorney and acknowledged to mr that Dry encuwd the same in their outMrized apackma snit thst by their signdaas on the Linked Pave at AUarnq ME szscubd Me limned Pawr al Atteroy W WITNESS WNEREOF,1 have hereunto sat "one� w COrrm_ gepdns -C 2,191 Thor urdrsilp ed. eding under authority of RNBoerd ofWradare of CONTRACTORS BONMG AND IN BON]NC AND WBURANCE COMPANY, that Nor above and foregoing le a full, true mad correct copy of i Pover of AN`Unoyis Mint P force meldeffect. cNe+ardr �yAmya 4 H i l l s, CA this 2 0 aagbn. aryl in and f ri tape r the SM h i nag lre'ff ' hereby ih or in lieu d CeNfNats of the I power of ASrney' by add Campamp, and does have _ — deyot_ NOV AtiallOglli of CONTRACTORS orNy test the said 1D_ 9 5 9 Page 10 CERTIFICATE OF INSURANCE 11 17 / 95 PRODUCER MILESTONE COMPANIES AFFORDING COVERAGE INSURANCE AGENCY COMPANY EIGHT CORPORATE PARK, SUITE 130 LETTER CNA INSURANCE COMPANIES IRVINE, CALIFORNIA 92714 -5105 COMPANY B (714) 8524=9 FAX (714) 952 -1131 LETTER CNA /VALLEY FORGE INS. CO. INSURED - COMPANY C LETTER Nobest, Inc. COMPANY O P.O. Box 874 LETTER Westminster, CA 92684 COMPANY LETTER COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS. AND CONDITIONS OF SUCH POLICIES AND IS NOT AMENDED. EXTENDED OR ALTERED BY THIS CERTIFICATE. OR TYPE OF INSURANCE POLICY EFFECTIVE DATE EXPIRATION DATE ALL LIMITS IN THOUSANDS L NUMBER GENERAL LIABILITY A (OCCURENCE BASIS ONLY) GENERAL AGGREGATE S, OOO OOO r > COMMERCIAL COMPREHENSIVE PPERATI $1,000,000 L02909009208/03/9538/03/96 OPERATIONS AGGREGATE NS AGGREGATE OWNERS & CONTRACTORS PERSONAL INJURY $ PROTECTIVE CONTRACTUAL FOR SPECIFIC CONTRACT PRODUCTS/COMPLETED OPERATION EACH OOCURENGE $ XCU HAZARDS 11000,000 FIRE $ BROAD FORM PROPERTY DAMAGE SEVERABILITY OF INTEREST CLAUSE NYONE FIR (ANYONE FIRE) SO,000 P. I. WITH EMPLOYEE EXCLUSION MEDICAL EXPENSES $ REMOVED MARINE (ANY ONE PERSON) 5,000 AUTOMOBILE LIABILITY _ COMBINED SINGLE LIMIT 1,000,0 ANY AUTO 1029090108 BODILY INJURY $ ALL OWNED AUTOS 08/03/9 08/03/96 (PER PERSON) .I�. BODILY INJURY $ SCHEDULEDAUTOS HIRED AUTOS (PER ACCIDENT) NON -OWNED AUTOS PROPERTY $ - GARAGE LIABIUTY DAMAGE EXCESS LIABILITY ; �=� ` +' -"` EACH AGGREGATE A UMBRELLA FORM 8/03/95 08/03/96 OCCUR13vCE 000,00 000,00 OTHER THAN UMBRELLA FORM 102909011 t.. $� _ WORKERS' COMPENSATION STATUTORY S1,000.0 0 )EACH ACCIDENT B & 136268707 10 / 01 / 9 10/01/96 $ 1 000 00 SEASE- POLICY LIMIT EMPLOYERS'LIABILITY $1,000,00 SEASE-EACH EMPLOYEE OTHER DESCRIPTION OF OPERATIONSA. OCATIONSNEHICLES IRESTRr-T10NSISPECIAL ITEMS: ALL OPERATIONS PERFORMED FOR THE CRY OF NEWPORT BEACH BY OR ON BEHALF OF THE NAMED INSURED IN CONNECTION WITH, BUT NOT LIMITED TO 714E FOLLOWING CONTRACT: Ocean Front Street End Improvements From 47th Street to 50th Street C -3001 PROJECT TT17E AND CONTRACT NUMBER CERTIFICATE HOLDER - -. - CANCELLATION . ADDITIONALLY INSURED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON41FNEWED, CANCELLED OR CITY OF NEWPORT BEACH COVERAGE REDUCED BEFORE THE EXPIRATION DATE THE COMPANY AFFORDING P.O. BOX 1768 COVERAGE SHALL PROVIDE 30 DAYS MINIMUM ADVANCE NOTICE TO THE CITY OF NEWP EEEACH13YFIRSTCU L 3300 NEWPORT BOULEVARD NEWPORT BEACH, CALtFOO1 NIA 92658 -8915 /1 C (lt ATTENTION: ep en uy •ITnV"Vn oceoo¢� Ar .�..»,. .e�ne...�: .. .. r • x Page 11 ► \ ► 0•* : ► 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: 5/91 00 Commercial () Comprehensive General Liability $ 1,000,000 each occurrence 2,000,000 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). i 1 0 Page 11A The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to General Liability Insurance. 6. Should the policy be non - renewed, canceled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 7. Designated Contract: Ocean Front Street End Improvements From 47th to 50th Street (C -3001) Project Title and Contract No. This endorsement is effective 11/17/95 at 12:01 a.m. and forms a part of Policy No.1029090093f CNA INS. (Company Affording Coverage). Insured:NOBEST, INC. Endorsement CNA/ ISSUING COMPANY TRANSCONTINENTAL CO. By: J Authorized Representative 5/91 0 0 It is agreed that: Page 12 With respect to such insurance as is afforded by the policy for Automobile Liability, the City of Newport Beach, its officers and employees are additional insureds, but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: 'The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage." 3. The limits of liability under this endorsement for the additional insureds named in Paragraph 1. of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit: () Multiple limits Bodily Injury Liability $ per person Bodily Injury Liability $ per accident Property Damage Liability (A Combined Single Limit Bodily Injury Liability & Property Damage Liability $ 1, 000, 000 The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one accident or occurrence in excess of the limits of liability stated in the policy as applicable to Automobile Liability Insurance. 5/91 0 i Page 12A 4. Should the policy be non - renewed, canceled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 5. Designated Contract: Ocean Front Street End Improvements From 47th to 50th Street (C -30011 Project Title and Contract No. This endorsement is effective 11 / 17 / 95 at 12:01 a.m. and forms a part of Policy N610290901080tCNA /VALE Company Affording Coverage). Insured: NOBEST , INC. Endorsement No.: ISSUING COMPANY CAA/ VALLEY FORGE INS. CO. By: Authorized Representative 5/91 Page 13 "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." 11/17f99 Date C -3001 Contract Number 5/91 Nobest. Inc. Name of Contractor (Principal) Title of Project 0 0 Page 14 THIS AGREEMENT, entered into this �U day of i)&.' , 19�C by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Nobest. Inc., hereinafter "Contractor," is made with reference to the following facts: A. City has heretofore advertised for bids for the following described public work: Ocean Front Street End Improvements From 47th To 50th Street C -3001 Title of Project Contract 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 Contractor shall furnish all materials and perform all of the work for the construction of the following described public work: Ocean Front Street End Improvements From 47th To 50th Street C -3001 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 Ninety -Seven Thousand Seven Hundred Fifty -Five Dollars and Fifty Cents ($97.755 5p1. This compensation includes: (a) Any loss or damage arising from the nature of the work, (b) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (c) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 5/91 0 • Page 14A 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated herein by reference as though set out in full and include the following: (a) Notice Inviting Bids (b) Instructions to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and Endorsement(s) (f) Plans and Special Provisions for Ocean Front Street End Improvements From 47th To 50th Street C -3001 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. TO FORM: ATTEST: { /FOfl� CITY OF NEWPORT BEACH A Municipal fCorporation By: Mayor of Contractor CITY CLERK // // %uthorized $ natA and 5/91 • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Orange On 1 1 —Zo -` S7 before me, DATE personally appeared Larry Nodland 0 David E. Poole , Notary Public NAME. VILE OF Oj IF10EN E.G,. 'JANE COE. NOTAnr PUBLIC' NAMEISI OF SIGNERISI N" SWI personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized DAVID E POOLE capacity(ies), and that by his /her /their COMM. a89M y signature(s) on the instrument the person(s), NOT z or the entity upon behalf of which the ;-. OPANOECDJNTY ( iVOAM801111; May 14,1997 1 person(s) acted, executed the instrument. W S ha d and official s 51014ATUOE 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 President TIILE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF FERSONIS) OR ENTIIYBES) 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 Ren,mel Ave.. P.O. Box 7104 • Canoga Palk. CA 91309 7184 9 0 1 1 2 2 2 2 2 2 2 2 2 2 3 C; 3 3 3 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS OCEAN FRONT STREET END IMPROVEMENTS FROM 47TH STREET TO 50TH STREET CONTRACT NO. 3001 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -12 WORK BY OTHERS SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -7 ADJUSTMENTS TO GRADE 5 -8 ONSITE UTILITIES SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 6 -7.4 Working Hours 1 1 2 2 2 2 2 2 2 2 2 2 3 C; 3 3 3 4 0 0 6 -9 LIQUIDATED DAMAGES 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 4 7 -7 COOPERATION AND COLLATERAL WORK 4 7 -8 PROJECT SITE MAINTENANCE 4 7 -8.1 Cleanup and Dust Control 4 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 5 7 -8.8 Steel Plates 5 7 -9 PROTECTION AND RESTORATION OF EXISTING 5 IMPROVEMENTS 7 -10 PUBLIC CONVENIENCE AND SAFETY 5 7 -10.1 Traffic and Access 5 7 -10.3 Street Closures, Detours, Barricades 5 7 -10.4 Public Safety 5 7- 10.4.1 Safety Orders 5 7 -10.5 "No Parking" Signs 6 7 -10.6 Street Sweeping Signs 6 7 -10.7 Notice to Residents 6 7 -15 CONTRACTOR LICENSES 6 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 6 SECTION 9 MEASUREMENT AND PAYMENT 7 9 -3 PAVEMENT 7 9 -3.1 General 7 9 -3.2 Partial and Final Payment 7 PART 2 - -- CONSTRUCTION MATERIALS SECTION 207 PIPE 7 207 -9 IRON PIPE AND FITTINGS 7 207 -9.2 Ductile Iron Pipe for Water and Other Liquids 7 207 -9.2.3 Fittings 7 207 -9.2.4 Lining and Coating 8 SECTION 212 LANDSCAPE AND IRRIGATION MATERIALS 8 0 6 212 -1 Landscape Materials 8 212 -1.4 Plants 8 212 -1.4.1 General 8 212 -1.4.2 Trees 8 212 -1.4.3 Shrubs 8 212 -2 IRRIGATION SYSTEM MATERIALS 8 212 -2.1 Pipe and Fittings 8 212 -2.1.3 General 8 212 -2.2 Valves and Valve Boxes 8 212 -2.2.4 Remote Control Valves 8 212 -2.2.7 Valve Boxes 8 212 -2.3 Backflow Preventer Assembly 9 212 -2.4 Sprinkler Equipment 9 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 300 -1 CLEARING AND GRUBBING 9 300 -1.3 Removal and Disposal of Materials 9 300 -1.3.1 General 9 300 -1.5 Solid Waste Diversion 9 SECTION 302 ROADWAY SURFACING 10 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 10 302 -6.6 Curing 10 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 10 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 10 303 -5.5 Finishing 10 300 -5.5.2 Curb 10 300 -5.5.4 Gutter 10 PART 4 SECTION 400 ALTERNATIVE ROCK PRODUCTS, ASPHALT 10 CONCRETE, PORTLAND CEMENT CONCRETE, AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 10 400 -2.1 General 10 400 -2.1.1 Requirements 10 SP1of10 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS OCEAN FRONT STREET END IMPROVEMENTS FROM 47TH STREET TO 50TH STREET CONTRACT NO. 3001 INTRODUCTION All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the Plans (Drawing Nos. R- 5677 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including Supplements; and (4) The Standard Specifications for Public Works Construction (1994 edition), including supplements; and (5) All water work shall conform to the latest edition of American Water Works Association (AWWA) standards as amended. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department for Ten Dollars ($10.00). Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California, 90034, telephone (310) 202 -7775. These provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of constructing curb, gutter, roadway, sidewalk, planters, landscaping, irrigation systems, driveway approaches, alley approaches and adjusting City owned utility frames and covers to finished grade; and other incidental items of work. " P 2 -9 SURVEYING 6 SP2of10 2 -9.3 Survey Service Add to this section "The Engineer will provide construction staking as required to construct the improvements. Any additional stakes or any restaking or costs thereof shall be the responsibility of the Contractor. The Contractor shall notify the City in writing two working days in advance of the time that the stakes are needed." 2 -12 WORK BY OTHERS Removal and reinstallation of street and beach signs will be performed by City Forces. Contractor shall provide and install 3 -inch Dia. P.V.C. sleeve in the sidewalk area for future sign installation. Sleeve location to be determined by City's Operations Support Supervisor, George Milikin (714) 644 -3067. SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When in the opinion of the Engineer, additional tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finish grade all water meter boxes, water valve covers, and survey monuments prior to the placement of pavement. The Contractor shall coordinate the adjustment of Southern California Edison, The Gas Company, Pacific Bell and Comcast cable facilities to the proposed finish grade prior to placement of pavement. 5 -8 ONSITE UTILITIES. The Contractor shall cut and cap any encroaching irrigation or electrical lines, from adjacent properties, at the property line. The Contractor is cautioned that an 8 -inch D.I.P. water main is located near the area of excavation . If the Contractor damages the main, the Contractor shall repair, pressurize, test and 0 0 SP3of10 disinfect the main in accordance with Section 306 -1.4.5 & 7 of the Standard Special Provisions. The Contractor shall be responsible for any damages to existing utilities resulting from his operations. SECTION 6 - -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section " No work shall begin until a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five (5) working days prior to commencing any work. Schedule may be bar chart or CPM style. Schedule may be on a weekly progress basis showing line item activities of work by the Contractor. The Engineer will review the schedule and may require the Contractor to reschedule to conform to the requirements of the Contract Documents before the start of work." 6 -7 TIME OF COMPLETION. 6 -7.1 General. Add to this section "The Contractor shall complete all work under the Contract within sixty (60) consecutive working days from the date of award of contract by the City Council, but no later than March 15, 1996." The Contractor may not start work until January 2, 1996. It will be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100% completion of work. The Contractor shall schedule his work in such a fashion that only every other street end shall be under construction at any one time. The Contractor shall not work on consecutive street ends at the same time. All work on each group of street ends shall be finished within thirty (30) working days after beginning work on that group of street ends. The term "work" as used herein shall include all removals, adjustments and replacements: construction of P.C.C. street ends, alley approaches, curbs, gutters, driveways, sidewalks, planters, landings and landscaping. Also included within the specified period is curing time for new P.C.C. improvements. The Contractor shall phase his construction in such a manner as to minimize the inconvenience to the residents." 6 -7.2 Working Days. Revise sentence 4) to read "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." E ri SP4of10 6 -7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 5:00 p.m. Monday through Friday. Should the Contractor elect to work later than 5:00 p.m. (up to 6:30 p.m.) weekdays or between 8:00 a.m. and 6:00 p.m. Saturday, he must first obtain special permission from the Engineer. A request for working during any of these hours must be made at least 72 hours in advance of the time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor will be required to pay for any inspection during these periods when such work is approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read "For each consecutive calendar day after the sixty (60) consecutive working days specified for completion of the work or after March 15, 1996, the time specified for completion of Work, whichever occurs first, as adjusted in accordance with subsection 6 -6, the Contractor shall pay to the City of have withheld from moneys due it, the daily sum of $350.00. The intend of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned, continuous sequence so as to minimize the time that the street ends are closed to the public." SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK Add to this section "City will perform all shut downs of water facilities as required. The Contractor shall give the City seven (7) calendar days notice of the time he desires the shut down of facilities to take place. A four hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all connections within the time period allowed. The times and dates of any utility to be shut down will be determined by the City of Newport Beach, Utilities Services. Any nighttime work must be approved by the City in advance. The Contractor shall provide and install new water meter and valve boxes. All existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (714) 644 - 3011." 7 -8 PROJECT SITE MAINTENANCE. 7 -8.1 Cleanup and Dust Control. Add to this section "The Contractor shall not allow any broken concrete, construction materials, debris, oil or other deleterious material to be placed on the beach." 0 0 SP5of10 7 -8.5 Temporary Light, Power and Water. Add to this section "If the Contractor elects to use the City's water, he shall arrange for a meter and tender a $750 meter deposit with the City. Upon return of the meter in good condition to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage." 7 -8.6 Water Pollution Control. Add to this section "Surface runoff water containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into the bay." 7 -8.8 Steel Plates. The City can provide a limited quantity of steel plates. These plates may be obtained for a rental charge of $15.00 per plate per week or part thereof. There is a $100 deposit for the use of the City's lifting eye fitting and for the use of trench plates. Plates shall be returned to the City's Utilities Yard at 949 West 16th Street. To determine the number of plates available and to reserve the plates, the Contractor must call the City's Utilities Superintendent, Mr. Peter Antista, at (714) 644 -3011. 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. Add to this section "The Contractor shall notify the Engineer two (2) working days in advance of starting removals so that all street and beach signs may be removed by others in a timely manner." 7 -10 PUBLIC CONVENIENCE AND SAFETY. 7 -10.1 Traffic and Access. Add to this section "The Contractor shall provide traffic control and access in accord with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc." 7 -10.3 Street Closures, Detours, Barricades. Add to this section "The Contractor shall also prepare a traffic control plan. The Contractor will be responsible for processing and obtaining approval of a traffic control plan from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. The Contractor's traffic control plan shall include keeping the bike lane on Seashore open to the Public." 7 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this section "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations , and orders relating to the safety of the public and workers. SP6of10 The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance will not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall furnish, install, and maintain in place "NO PARKING - TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least 48 hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division at (714) 644 -3740, for verification of posting at least 48 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 of the CalTrans Uniform Sign Chart. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING - TOW AWAY" signs in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.6 Street Sweeping Signs. After posting "NO PARKING - TOW AWAY" signs, the Contractor shall bag or cover street sweeping signs on those streets adjacent to construction in a manner approved by the Engineer. Immediately after construction is complete, the Contractor shall remove the bag or cover. 7 -10.7 Notices to Residents. Forty -eight (48) hours before restricting vehicular or pedestrian access to garages, parking spaces, sidewalks and easements, the Contractor shall distribute a written notice stating when construction operations will start and approximately when vehicular and pedestrian 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. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until completion of work, the Contractor shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDSMS BUILT DRAWINGS. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three (3) years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SP7of10 The stamped set of approved plans and specifications shall be on the jobsite at all times. In addition, the Contractor shall maintain "As- Built' drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and so certified by the Engineer at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide "As- Built' corrections upon a copy of the Plans. The "As- Built' correction plans shall be verified by the Engineer prior to final payment or release of any bonds. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT. 9 -3.1 General. Revise paragraph two to read 'The unit and lump sum prices include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work involved to complete the work included in the Contract Documents. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work." 9 -3.2 Partial and Final Payment. Add to this section 'Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 207 -- -PIPE 207 -9 IRON PIPE AND FITTINGS 207 -9.2 Ductile Iron Pipe for Water and Other Liquids 207 -9.2.3 Fittings. Replace this section with "Fittings shall be manufactured in accord with AWWA C110 (ANSI A21 -10) and a shall be ductile iron. Cast Iron fittings shall not be accepted. Compact body fittings (AWWA C153) will not be permitted unless otherwise specified. Mechanical joint fittings shall be manufactured in accord with AWWA C110 and shall have retainer glands. Flanged fittings shall be ductile iron material and shall conform to the requirements of AWWA Standard C 110 and ANSI A21.10. Pipe and adapter flanges shall be ANSI 816.5 pattern, Class 150 flanges. Bolts and nuts for all installations shall be Type 316 stainless steel. Threads shall be coated with a liberal amount of anti -seize compound. Flange gaskets shall be full -faced Buna -N, nylon impregnated rubber." J 0 SP8of 10 207 -9.2.4 Lining and Coating. Replace this section with "The internal surfaces of ductile iron fittings shall be lined with a uniform thickness of cement mortar then sealed with bituminous coating in accord with AWWA C104 (ANSI A21 -4). The outside surface of ductile iron fittings shall be coated with bituminous coatings 3 mils thick in accord with ANSI A21.6 or ANSI A21.51. Ductile iron fittings, and valves buried underground shall be protected with plastic film wrap in accord with AWWA C105 (ANSI A21.5). Wrap shall be loose 8 mil thick polyethylene. Polyethylene wrap is not required inside vaults." SECTION 212 - -- LANDSCAPE AND IRRIGATION MATERIALS 212 -1 LANDSCAPE MATERIALS 212 -1.4 Plants. 212 -1.4.1 General. Add to this section `The Contractor shall fill the planters with approved soil mix to the bottom of the planter's concrete footings." 212 -1.4.2 Trees. Add to this section "The Contractor shall install two (2) multiple trunk, Chamaerops Humilis, (Mediterranean Fan Palm Trees), 24 -inch box, at each street end. One (1) palm tree shall be installed in front of each planter, adjacent to the sidewalk, at each street end." 212 -1.4.3 Shrubs. Add to this section "The Contractor shall install twenty (20) one gallon plants at each street end. Each planter shall have ten Aloe Arborenscens, (Tree Aloe) plants." 212 -2 IRRIGATION SYSTEM MATERIALS 212 -2.1 Pipe and Fittings. 212 -2.1.3 General. Add to this section "All irrigation lines and fittings shall be 3/4" schedule 40 P.V.C. with solvent weld socket fittings. 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." 212 -2.2 Valve and Valve Boxes. 212 -2.2.4 Remote Control Valves. Add to this section "All irrigation valves shall be Griswald DW Series 3/4" Electric Remote Control Valves." 212 -2.2.7 Valve Boxes. Add to this section "All valve boxes shall be green H.D.P.E. Irrigation Boxes, Carson Brooks No. 1419 with lid marked "Irrigation Control Valve "." SP9of10 212 -2.3 Backflow Preventer Assembly. Add to this section "All backflow preventer assemblies shall be 314" reduced pressure backflow preventer, FEBCO No. 825 Y with Cross Brothers standard single unit Backflow Preventer Security Enclosure, Model BPSE 75." 212 -2.4 Sprinkler Equipment. Add to this section "All sprinkler heads shall be Toro 570 pop up with 4 EST and 500 flood bubbler for use in the raised planter and palm tree planter respectively." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General. Add to this section 'The work shall be done in accord with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be at 2 -inch minimum depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stoppers will not be permitted on the job. Final removal accomplished by other means must be approved by the Engineer. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each work day." 300 -1.5 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. 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 tonnage monthly to the Engineer on a form provided by the Engineer. • • SP 10 of 10 SECTION 302 - -- ROADWAY SURFACING 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing. The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201 -1.1 -2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6 -7.1 herein, by the use of additional Portland cement admixtures with prior approval of the Engineer. SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.5 Finishing. 303 -5.5.2 Curb. Add to this section "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer lateral and a chiseled "V -X" for a water valve location. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Pete Antista, at (714) 644 - 3011." 303 -5.5.4 Gutter. Add to this section "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." PART 4 SECTION 400 - -- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General. 400 -2.1.1 Requirements. Add to this section "The Contractor may use crushed aggregate base or crushed miscellaneous base as base materials." • • • November 13, 1995 CITY COUNCIL AGENDA ITEM NO. 17 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: OCEAN FRONT STREET END IMPROVEMENTS CONTRACT NO. 3001 RECOMMENDATION: NOV 1 3 1995 Award Contract No. 3001 to Nobest Inc. for the total amount of $97,755.50 and authorize the Mayor and the City Clerk to execute the Contract. DISCUSSION: At 11:00 A.M. on October 26, 1995, the City Clerk opened and read the following bids for this project: Bidder Amount Low Nobest Inc. $ 97,755.50 2 Wakeham -Baker Inc. $ 98,989.00 3 Damon Construction Co. $ 99,220.00 4 Hillside Contractors Inc. $103,050.00 5 Gillespie Construction Inc.. $111,259.00 6 Markel Cement Contracting, Inc. $126,985.00 The low bidder is 2% less than the Engineer's estimate of $100,000. The low bidder, Nobest Inc., is a well - qualified general contractor who has successfully completed previous contracts for the City. • The F.Y. 1995 -96 Ocean Front Street End Improvement Program provides for the construction of 4 street end improvements between 47th and 50th Street. The improvements include the construction and replacement of 5,400 square feet of roadway, 1,700 square feet of sidewalk and 650 lineal feet of curb. Locations are shown on Exhibit "A" (0) G 0 SUBJECT: OCEAN FRONT STREET END IMPROVEMENTS (C -3001) November 13, 1995 Page 2 Staff has obtained a Coastal Commission Permit for construction of the current project. Coastal Commission approval of a permit for this project, and any future Ocean Front Street Ends, require the City to construct a minimum of three street end improvements per year, until all 33 unimproved Ocean Front Street Ends in West Newport are improved. Last year 5 street end improvements were constructed between 42nd and 46th Street and an asphalt walkway was constructed at Orange Street to provide greater access to the beach and the surf line for disabled persons. These improvements, plus the improvements proposed in this year's program, will bring the total of completed improvements to 14 street ends, including the walkway at Orange Street. The Ocean Front Encroachment Program was adopted by the City and approved by the California Coastal Commission 4 years ago. Sufficient funds are available in the Ocean Front Street End Improvements, Account No. 7013- C5100014. Funding for this project is generated through annual oceanfront encroachment fees. • The plans and specifications were prepared by the Public Works Department. Work will • not begin until January 2, 1996, in order to defer construction activity in the area during the holidays. The work is anticipated to be completed by March 15, 1996. Respectfully submitted, Qo PUBLIC WORKS DEPARTMENT Don Webb, Director By Steve Luy Project Engineer Attachment • •. • • 6 / Go v � and F Z 4,OS n O O �~ o. Oa F Z u / �s W F. f4 0 G =. Gti4 pies 4� vi CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT STREET END IMPROVEMENTS FROM 47TH STREET TO 50TH STREET APPROVED --3001 DATE 6— PROJECT ENGINEER V I August 14, 1995 I I • CITY COUNCIL AGENDA ITEM NO. 31 1 . - C %TY COUNCIL U FY OF NEWPORT BEACH TO: MAYOR AND MEMBERS OF THE CITY COUNCIL 1 AL 1G FROM: PUBLIC WORKS DEPARTMENT SUBJECT: OCEAN FRONT STREET END IMPROVEMENTS (C -3001) RECOMMENDATIONS: 1. Affirm the Notice of Exemptions for the Ocean Front Street End Construction Improvements. 2. Approve the plans and specifications. • 3. Authorize the Staff to advertise for bids. DISCUSSION: The FY 1995 -96 Ocean Front Street End Improvement Program provides for the construction of four street end improvements between 47th and 50th Street. Staff has obtained a Coastal Commission Permit for the construction of the current project. Coastal Commission approval of a permit for this project, and any future Ocean Front Street Ends, requires the City to construct a minimum of 3 street end improvements per year, until all 33 unimproved Ocean Front Street Ends in West Newport are improved. Funding for this project is generated through annual oceanfront encroachment fees. Last year five street end improvements were constructed between 42nd and 46th streets and an asphalt walkway constructed at Orange Street to provide greater access to the beach and the surf line for the handicapped. These improvements plus the improvements proposed in this year's program will bring the total of completed improvements to 14 street ends including the walkway at Orange Street. The Oceanfront Encroachment Program was adopted by the City and approved • by the California Coastal Commission four years ago. The improvements include the construction and replacement of 5,400 square feet of roadway, 1,700 square feet of sidewalk improvements and linear feet of curb. Locations are shown on the attached Exhibit "A ". 0 0 SUBJECT: OCEAN FRONT STREET END IMPROVEMENTS, (C -3001) August 14, 1995 Page 2 Staff has prepared Notice of Exemptions for the Ocean Front Street End Improvements. 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. __..w.. , TheAngineer's total construction cost estimate is $100,000. Funds in the amount of $100,000 have been appropriated in the 1995 -96 Capital Improvement Program, Account No. 7013- C510014. The plans and specifications were prepared by the Public Works Department. All work should be completed by December 15, 1994. Respectfully submitted, PUBLIC WORKS DEPARTMEI� Don Webb, Director r i By Steve L y Project Engineer Attachments • • • J • O � GO ^ F z 4;os � o 04 �~ 90 F Z WO / 7B '� R O O G4, A� p G pc, q`� 4tiG G~ Ares QQ. CITY OF NEWPORT REACH PUBLIC WORKS DEPARTMENT OCEAN FRONT STREET END IMPROVEMENTS FROM 47TH STREET TO SOTH STREET --3001 DATE 6 -J ° - APPROVED PROJECT ENGINEER DRAWING NO. F.XHTRTT "A" 0 0 CITY OF NEWPORT BEACH 3300 Newport Boulevard -P.O. Box 1768 Newport Beach, CA 92659 -1768 NOTICE OF EXEMPTION To: From: Office of Planning and Research City of Newport Beach 1400 Tenth Street, Room 121 Planning Department Sacramento, CA 95814 3300 Newport Boulevard -P.O. Box 1768 Newport Beach, CA 92659 -1768 County Clerk, County of Orange Public Services Division Date received for filing at OP: PO Box 838 Santa Ana, CA 92702 Name of Project: Ocean Front Street End Improvements from 47th Street to 50th Street. Project Location -West Newport 47th, 48th, 49th & 50th at Seashore Drive. Specific: C -3001 Project Location - Newport Beach Project Location- Orange County Project Description: Removal and replacement of existing deteriorated storm drains and catch basins. Construction of one catch basin and 100' of storm drain to eliminate flooding. Exempt Status: (check one) ❑ Ministerial (Sec.21080 (b)(1);15268); ❑ Declared Emergency (Sec. 21080(b)(3);15269(a)); ❑ Emergency Project (Sec. 21080(b)(4);15269(b)(c)); g Categorical Exemption. State type and section number: Class 1(c), Section 15301 ❑ Statutory Exemptions. State code number: ❑ General Rule (Sec. 1506l(b)(3)) Reasons why project is exempt: Minor alteration of existing streets, sidewalks, gutters and similar facilitie involving negligable expansion of use beyond that previously existing. Name of Public Agency Approving Project: City of Newport Beach Name of Person or Agency Carrying Out Project: City of Newport Beach, Public Works Department Contact Person: Stephen Luy Title: Associate Civil Engineer Signature Tel. No. (714) 644 -3330 Date: 6 -29 -95 a_4 • • • J r THE NEWPORT BEACH• COSTA MESA • Ual"IyPiloL Dear Advertiser: • Client Reference # t 11, Daily Pilot Reference # R 0 b (o Enclosed please find clipping of your ad from the first publication, beginning / 0- /� If you need to make any changes or corrections, please call me at your earliest convenience. The cost of this publication will be $ (!�-%. � �r_ Thanks for your cooperation and patronage. VITIKO MOB xt bids may be at the office of xk at 3300 Newt vd, P.O. Box 1. I Beach Ca. 92f time Approved b, the Council this 1/m day of August, 1995 Wands E. Rapylo, City Clerk prospective bidders may obtain one set of bid doeu- 330 West Bay Street, Costa Mesa, CA 92627 (714) 642 -4321 FAX (714) 631 -5902 mats at no cost at the of. 1100 of the public Works Department, 3300 Newport Boulevard, P.O, Box 1789, Newport Beach, CA 92658. 8915. For Bother information, call Stephen Wy at 644. 3330. Published Newport Beach -Coate Mae& Daily pus October 12, 1a, 1906. V" Sincerely, y.0 tting Manager Legal Advertising Department N