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HomeMy WebLinkAboutC-3004(R) - Groundwater Development Project - Well Site Development Project - Phase I for Dolphin Avenue Well Site and Tamura School Well Site0 a Martinez, Linda From: Moritz, Terresa To: Martinez Subject: RE: ARA Engineering Contractors C- 3004 -R Date: Tuesday, January 14,1997 1:55PM Priority: High Linda- The payment bond I have in the file is for: Bond No.: 3SM 886 461 00 American Motorists Insurance Company 7470 North Figueroa Street, Los Angeles, CA 90041 (213) 257 -8291 or their Insurance Certificate shows the producer being: American Junior of South Insurance Services 16200 Ventura Blvd, Suite 425, Encino, CA 91436 (818) 906 -2424 Policy No.: CAL0001497 If neither of these work, let me know so I can call the contractor. T. From: Martinez, Linda on Tue, Jan 14, 1997 1:49 PM Subject: ARA Engineering Contractors C- 3004 -R To: Moritz, Terresa The bond release letter I sent to this company returned as "attempted not known." I tried the phone number in the contract file and it's disconnected. The address 1 have for them is: 6910 Oran Circle, Buena Park 90621. If you have any different information please forward it along. Thanks. Page 1 i a CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 January 3, 1997 ARA Engineering Contractors 6910 Oran Circle Buena Park, CA 90621 (714) 644 -3005 Subject: Surety: American Motorists Insurance Company Bond No.: 3SM 886 461 00 Contract No.: C- 3004(R) Project: GWDP - Dolphin Avenue & Tamura School Well Sites Phase I Construction On September 23, 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 October 4, 1996, Reference No. 19960509856. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LH:ib cc: Public Works Department 3300 Newport Boulevard, Newport Beach RECORDING REQUESTY AND WHEN RECORDED RETU TO: City Clerk City of Newport Beach 330 Newport rt Beach, CA 92663 Newport BB Recorded in tneg Gary L. Gran I111111111111111111111I1111 11111 11111 11111111 005 14006669 14 N12 1 7.00 0.00 Funty of orange, California le, Clerk /Recorder Illlllllllllllllllll No Fee 19960509856 04 APM 10/04/96 23 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 of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and tr: ARA Engineering Contractors as Contractor, entered into a Contract on March 26, 1996 r,,s Said Contract set forth certain improvements, as follows: GWDP - Dolphin Avenue & Tamura School Well Sites Phase I Construction, Contract No. C- 3004 -R Work on said Contract was completed on June 15, 1996 , and was found to be acceptable on September 23, 1996 by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is American Motorists BY A � Public Works Director 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 at r Newport Beach, California. SS � BY �� 1, 4 c -%L "14-_. /P.. ri -' City J ClerkU\s ; C�lk:9r,:1.. DEC iv IJJO L CITY CIV C!iV nrwpORI BEW, Release of Stop Notice TO: THE CITY OF NEWPORT BEACH (Construction Lender, Public Body, or party with whorn Stop Notice was filed) 3300 Newport Blvd., PO Box #1768 Newnnrt Reach Ca 92658 (A dress) You are hereby notified that the undersigned claimant releases that certain Stop Notice dated October 17, 1996 3,500.00 in the amount of $ agamTttHE CITY OF FOUNTAIN VALLEY as owner or public body and ARA ENGINEERING as prime contractor in connection with the work of improvement known as GROUNDWATER DEVELOPMENT PROJECT CONTRACT #C- 3004 —R in the City of FOUNTAIN VALLEY County of ORANGE State of California. Date DECEMBER. 11, 1996 Name of Claimant: I, the undersigned, state: I am the VERIFICATION 'Agent of'; "President of'; 'A Partner of', "Owner of'; etc. the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. r—\ Executed on DECEMBER 11, 1996 State of CALIFORNIA g* 1,211 �. r s rr, i f ■ 81CA FORM 5 5 (Rev. 2187) r.� ftftftft.. wf Wrr %goC] bfto Q 4 q 0 INCA FORM 4 )FSNOI) 111/89, Stop Notice A CALIFORNIA CIVIL CODE SECTION 3103 , QL NOTICE TO THE CITY OF NEWPORT BEACH o $ Q [313 03;kR13 ❑ (Name of Construction Lender, Public Body or Owner) 3300 NEWPORT BLVD. PO.O. BOX #1768 NEWPORT BRACH, CA. 92658 (Address) (If Private Job — file with responsible officer or person at office or branch of construction lender administering the construction funds or with the owner — CIVIL CODE SECTIONS 3156 - 3175) (If Public Job — file with office of controller, auditor, or other public disbursing officer whose duty it is to make payments under provisions of the contract — CIVIL CODE SECTIONS 3179 - 3214) Prime Contractor: A.R.A. ENGINEERING Sub Contractor (if Any) MISSION PAVING AND SEALING, INC. Owner or Public Body: THE CITY OF FOUNTAIN VALLEY Improvement known as Groundwater Development Project Contract #C- 3004 –R (Name and address of project or work of improvement) in the City of FOUNTAIN VALLEY CA. County of ORANGE State of California. MISSION PAVING & SEALING, INC. Claimant, a CORPORATION (claimant) (Corporation /Partnership /Sole Proprietorship) furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment, or materials is ALI VAZDANSHENAS / A.K.A. ENGINEERING (Name of Subcontractor /Con(ractor /Owner - Builder) The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was TYPE 1 SLURRY SEAL (Describe in detail) 3 500.00 Total value of labor, service, equipment, or materials agreed to be furnished......... $ Total value of labor, service, equipment, or materials actually furnished is............ $3,500,00 Credit for materials returned, if any ............................... ............................... $ 0.00 Amount paid on account, if any .................................... ............................... $ 0.00 Amount due after deducting all just credits and offsets ...... ............................... $ 3,500.00 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of $ 3,500,00 and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A bond (CIVIL CODE SECTION 3083) IS NOT attached. (Bond required with Stop (is /is not) Notice served on constructions lender on private jobs — bond not required on public jobs or on Stop Notice served on owner on private jobs). Date 10/17/96 Name of Claimant MISSION PAVING & SEALING. INC. (Firm Name) 815 '01h1ERC A AV (Mailir g re s/ SAN G RIEL C 7 By rSEC (Sign reJ i( TARY (Official Capacity) VERIFICA I, the undersigned, state: I am the SECRETARY ('Agent o ': "President of': 'A Partner of': "Owner or etc.) the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my own I certify (or delcare) under penalty of perjury under e State of California that a foregoing is true and correct. ;the ;lawsf / Executed on OCTOBER 17 1at SAN AJSR A State of CALIFORNIA ure of Claimant o r th ized Agent/ REQUEST FOR NOTI E OF ELECTION (Private Works n ) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope to the address of the claimant shown above. This information must be provided by you under Civil Code Sections 3159, 3161 or 3162. Signed: (Claimant must enclose self addressed stamped envelope) INCA FORM 4 )FSNOI) 111/89, �f� � ���,, a �` �, n00000ao�. 0 0 • L%fimly1mi! September 23, 1996 fIl CITY COUNCIL AGENDA ITEM NO. TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: NOTICE OF COMPLETION GWDP- DOLPHIN AVENUE & TAMURA SCHOOL WELL SITES PHASE I CONSTRUCTION CONTRACT NO. C- 3004 -R 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 the Groundwater Development Project Dolphin Avenue and Tamura School Well Sites Phase I Construction Project has been completed by ARA Engineering to the satisfaction of the Public Works Department. The bid price was $ 155,030.00 Amount of change order $ 20,828.72 Total contract cost $ 175,858.72 There was one change order for this project with several components. Extra work was required to handle unexpected soils conditions in preparing the well drilling pad and widening the access road at the Tamura Site and several water line relocations changes at the Dolphin Site. In addition, there were several deductive items. These work items will be included in the Wellhead Facilities contract. Funds for the project were budgeted in the following account: Description Water Wells & Transmission Pipelines Account Number Amount 7504- C5500094 $175,858.72 • GWDP- Well ites Construction -Phase 1 Notice of Completion C- 3004 -R September 23, 1996 The contractor was ARA Engineering of Lake Forest. The scheduled completion date was May 12, 1996, but due to the 34 day time extension related to the change order, the amended completion date was June 15, 1996. Staff recommends acceptance of the work. Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director M J. SinaCOri, P.E. Engineer MJS:tam . • C - -2 • March 25, 1996 CITY COUNCIL AGENDA TO: FROM: _M X0" Mayor & Members of the City Council Public Works Department W 25 1 AWARD OF CONTRACT (CONTRACT NO. Anna -R) niinit WELL SITE DEVELOPMENT - PHASE I FOR DOLPHIN AVENUE AND TAMURA SCHOOL WELL SITES AS A PART OF THE GROUNDWATER DEVELOPMENT PROJECT RECOMMENDATIONS: 1. Approve the Plans and Specifications. 2. Find that ARA Engineering Contractors of Buena Park submitted the "lowest responsible bid" and they can meet the requirements for completing the proposed contract work and declare them the "low bidder ". • 3. Award Contract No. C- 3004 -R to ARA Engineering Contractors of Buena Park in the amount of $155.030, and authorize the Mayor and the City Clerk to execute the contract on behalf of the City. DISCUSSION: At 2:00 p.m. on March 7, 1996, the City Clerk opened and read bids for the subject project. A summary of the results are listed below and a more detailed itemized bid summary is attached as Exhibit "A ": Rank Contractor /Bidder Total Bid Price low ARA Engineering Contractors, Buena Park $ 155,030.00 2 Ray Environmental Services, Calabasas $ 201,508.61 3 Atlas - Allied, Irvine $ 233,210.30 The lowest responsible bid was submitted in the amount of $155,030 and was 3.1% below the Engineer's Estimate of $160,000. • Page 2 Award of Contract, Well Site Development - Phase I Groundwater Development Project, C- 3004 -R March 25, 1996 PROJECT DESCRIPTION: This project provides for site improvements at the Dolphin Avenue and Tamura School well sites that are necessary prior to the well drilling contractor mobilizing on the site. One well site is located along Dolphin Avenue just west of the intersection of Dolphin Avenue and Slater Avenue. The second well site is located at the Tamura Elementary School which is west of Slater Avenue and north of Magnolia Street. The scope of work includes constructing an access road through the school property with chain -link fence, grading of the pad for the future building and installation of a new storm drain at the Tamura School well site as well as the relocation of an existing 12 -inch water main, installation of temporary shoring in the slope, and grading of the pad at the Dolphin Avenue well site. Staff has previously entered into a lease agreement with the Fountain Valley School District and the City of Fountain Valley for each site. These agreements have been previously discussed and approved by the City Council. THE LOW BIDDER: The low bidder, ARA Engineering Contractors of Buena Park, is a • qualified general contractor licensed to do business in California. This company has successfully completed grading and pipeline projects for the Chino Basin Municipal Water District and the cities of Anaheim, La Habra and San Juan Capistrano. This firm has a satisfactory reputation in the grading and pipeline contracting industry and has a significant amount of experience with similar projects. Reference checks on their recent projects revealed a number of comments favorable to their ability to perform the work in an efficient manner. ARA Engineering's insurance policies and bidder's bonds meet the City's requirements. Staff believes that the contractor is able to complete the proposed work satisfactorily. PROJECT COSTS & SCHEDULE: The contractor's bid price for the project totaled $155,030 and was 3.1% ($4,970) below the Engineer's Estimate of $160,000. The bids received reflect a current competitive construction market, and the bid amounts show the successful bidder's price is fair considering the scope of work contemplated. 0 0 Page 3 Award of Contract, Well Site Development - Phase I Groundwater Development Project. C- 3004 -R . March 25, 1996 CONCLUSION: Staff believes the contractor can complete the project satisfactorily with the required inspection and recommends award of the contract to the low bidder, ARA Engineering Contractors, Inc. of Buena Park. Funds for this project were approved in the water capital improvement projects budget in the previous four (4) years and are available in the Water Enterprise Fund under Capital Project No. 7504- C55000094. Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director By: _ I ZL� n Miqhael J. Sinheori, P.E. Utilities Engineer 0 MJStm Attachments: Exhibit "A ", Project Vicinity Map Exhibit "B ", Itemized Bid Summary 0 0 Exhibit "A" 0 NEWLAND ST SANTA LUCIA 0 r L�SANTA SUZANNE 0 I g MAGNOLIA ST < CLARA SANTA D �{ � Z C r�-D r O C7 O m D cn n n C g � � 0 r o r- 0 0 D cn = ) r )> z m — D BUSHARD ST < r � C z (n m �a BROOKHURST ST. Exhibit "A" 0 Exhibit "B" z m� m, lei r. O w r p W Uj� T V' a V m mi W N; ^ Y W a ui LL. U o: Li O `C U' N 12 �I F: '^ z a�o�Qr L, Z LLJ m F- < m M O� TH a a w w O Z u_ Y l U v m 2I a �I L I O I V51 p � NIP all t ❑I I � IQ� z . o i W z V C W w wF- Z � O Z z V W d Exhibit "B" z z TH a Z O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 T 0 0 0 0 0 0 0 0 r Z O O O u+ O 0 O 0 O� 0< O m O m O O O O C m O O O 0 m 0 pp 0 O 0 O 0 O m aO r 0 0 0 0 0 0 O Q » N » N H » N a q 0 0 0 0 0 o 0 o 0 0 0 0 o 0 o 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 rp 0000 o oodmN _ 0r'+p °ppdci 0 H 000 O O D 2 a Z O N 0 0 0^ n m vi N P� O P 0 0 - » » m N M N M M» N w N H » 0 0 0 0 0 0 0 0 0 0 0 m 0 O 0 p 0 0 0 0 0 0 m v+ m m o o 0 o< 0 N 0 0 0 0 0 0 u Z O A m O T r P< tO P r m S m I P O N m< t0 m '�1 :n m m N- O^ m 0 m 0 m r 1 T^ m m I 'j "� m n m J1 N m � m m N^ N N m N � m m m m 0 O^ m p a H N w w M N N C a O O O O O p m 0 0 m 0 ✓� O^ b O O O N O O O O 0 0 0 0 0 n m 0 m m P O m m 0 0 m m O O N Z n m VI N» N m P» N N» O^ m» m m T Z W m N N H m N N N H N w N N N N M 6' N 0 00,0 0 0 0 0 0 0 0 0 0 0 0° 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8 Z 6 0 0 0 o 0$ O 0 0 O o O 8 dodo m O p 0 0 0 0 0 o m 0 ^ o 0 o 0 0 0 V O O O p O O O u Q N » N w N q 0 0 0 pp 0 8 0 0 0 OO 0 8 0 8 0 OO 0 0 ° 8 6 +� 0 0 0 0 0 0 0 O O O NN ^ J N N M 08N00O 0N 80N 8N 8w 8O 8O 0N 0O 0ry 0» 0 8 0O 0 $ O O O O O O O O m O O O N O m m m O O O O O 0 m N 0 e m 0 2 n m m O 0 O m YN mN ^ N o N N NM » N N - .W N N T N «w N N q 0 0 0 ° °° ° 0 0 °° ° 0 ° 8 ° 8 o0 0 0 0°° o0 ° 0 0 0 0 0 0 0 0 n O O u 9 0 m O 0w O O P 0 O 0 0 O 0 ON N 0 m 0 � N N N O mN « m o O W - N N N H « LL N LL Q Q Q LL N VI VI Q J J J J J J J W W J U V1 -J J W W W J Vf J d W } r Z Q ^ N N N N P ^ n CO 0 A 0 ° c m C Z O H :n o a E E a b m m D c OO vai 'a p o V E > a C O E � U H Exhibit "B" Authorized to Publish Advertisements of all kinds 'luding public notices by Decree of the Superior Court of Orange County, California. Number A•621e, 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, February 9, 13, 1996 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on February 13 1 199 6 at Costa Mesa, California. Signature Ll PUBLIC NOTICE NOTICE INVITING 13165 Sealed bids may be re- ceived at the office of the City Clerk, 3300 Newpon, Boulevard, Post Office Box 1768, Newport Beach, Cali. fornia 92658 -8915. until 2:00 p.m. on the 7th day of March, 1996, at which time such bids shall be opened and read for: GROUNDWATER DEVELOPMENT PROJECT, WELL SITE DEVELOPMENT -_I PROJECT • PHASE I FOR DOLPHIN AVENUE. WELL SITE AND TAMURASCHOOL WELL SITE Title of Project - C.3004.R Contract No. $160,000 Engineer's Estimate - Approved by the Public Works Department this 61h day of February, 1986. - Michael J. Sinacari, (Acting) Utilities Man- ager Prospective bidders may obtain a set of contract documents at no cost at the office of the Public Works- Department, 3300 Newport Boulevard. Post Office Box 1768, Newport Beach, California 92658 -- 8915. For further Information„ call Michael J. Sinaccri, Project Manager, at (714)' 644 -3011. Published Newport Beach -Costa Mesa Dally Pilot February 9, 13, 1996. F092. I,c NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Post Office Box 1768, Newport Beach, California 92658 -8915 until 2:00 p.m. on the , day of March, 1996, at which time such bids shall be opened and read for: GROUNDWATER DEVELOPMENT PROJECT 'WELL SITE DEVELOPMENT PROJECT - PHASE I FOR DOLPHIN AVENUE WELL SITE AND TAMURA SCHOOL WELL SITE Tide of Project 11 ' �1 Ilt Approved by the Public Works Department this 6th day of February, 1996 J. Sinacori lities Manager Prospective bidders may obtain a set of contract documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, Post Office Box 1768, Newport Beach, California 92658 -8915 For further information, call Michael T. Sinacori at (714)644 -3011. Project Manager P'd C.TY ::L' R: w 0 • CITY OF NEWPORT BEACHP UTILITIES DEPARTMENT GROUNDWATER DEVELOPMENT PROJECT WELL SITE DEVELOPMENT PROJECT - PHASE I FOR DOLPHIN AVENUE WELL SITE TAMURA SCHOOL WELL SITE CONTRACT NO. C- 3004 -R PROPOSAL To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P.O. Box 1768 Newport Beach, California 92658 -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. C- 3004 -R in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: NOTE: All applicable sales taxes, State and /or Federal, and any other special taxes, patent rights or royalties shall be included in the prices quoted in this proposal. SCHEDULE OF WORK ITEMS ITEM APPROXIMATE NO. QUANTITY DESCRIPTION UNIT TOTAL PRICE AMOUNT 1. Lump Sum Mobilization, demobilization and cleanup for the lump sum price of Fifteen Thousand Dollars and No Cents $15,000.00 $ 15,000.00 Lump Sum 2. Lump Sum Clearing and grubbing for the lump sum price of Two Thousand Dollars and No Cents $ 2.000.00 $ 2.000.00 Lump Sum P -1 SCHEDULE OF WORK ITEMS ITEM APPROXIMATE UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE AMOUNT 1 Lump Sum Shoring and Excavation Safety Measures for the Lump Sum price of Twentv Thousand Dollars and No Cents $ 20,000.00 $ 20.000.00 Lump Sum 4. Lump Sum Earthwork (export /import) complete in place for the Lump Sum of Ten Thousand Dollars and No Cents $10,000.00 $10,000.00 Lump Sum 5. Lump Sum Erosion Control, complete in place for the lump sum price of Twenty -Five Hundred Dollars and No Cents $ 2,500.00 $ 2,500.00 Lump Sum 6. 1,330 L.F. Furnish and install 6 -foot chain link fence and gate complete in place for the unit price of Sixty -Six Hundred Dollars and Cents $ 6.600.00 $ 6,600.00 Per Lineal Foot (bid as Lump Sum) P -2 0 0 SCHEDULE OF WORK ITEMS ITEM APPROXIMATE UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE AMOUNT 7. 277 L.F. Furnish and install 12 -inch Cement Mortar Lined and Cased Steel Water Main complete in place for the unit price of One Hundred Dollars and No Cents $100.00 $ 27.700.00 Per Lineal Foot 8. 1 EA. Furnish and install 12 -inch plug valve complete in place for the unit price of Fifteen Hundred Dollars and No Cents $1500.00 $ 1,500.00 Per Each 9. 2 EA. Furnish and install 2 -inch water service and meter box complete in place for the unit price of Fifteen Hundred Dollars and Cents $ 1,500.00 $ 3,000.00 Per Each 10. 250 L.F. Remove existing 12 -inch water main for the unit price of Twenty Dollars and No Cents $ 20.00 $ 5.000.00 Per Lineal Foot P -3 SCHEDULE OF WORK ITEMS ITEM APPROXIMATE UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE AMOUNT 11. 265 C.Y. Furnish and install 6 -inch thick crushed miscellaneous base access road complete in place for the unit price of Twenty Dollars and No Cents $ 20.00 $ 5.300.00 Per Cubic Yard 12. 210 S.F. Construct 6 -inch thick PCC commercial driveway complete including sawcutting and removal of existing concrete in place for the unit price of Dollars and Cents $ 5.00 $1,050.00 Per Square Foot 13. Lump Sum Relocate chain link backstops complete in place for the Lump Sum of Fifteen Hundred Dollars and 14. Lump Sum 463 L.F. Per Lineal Foot Cents $1,500.00 $1,500.00 Furnish and install 18 -inch reinforced concrete pipe (2000D) complete in place for the unit price of Dollars and Cents $ 80.00 $ 37,040.00 P -4 0 A SCHEDULE OF WORK ITEMS ITEM APPROXIMATE UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE AMOUNT 15. 3 EA. Furnish and install manhole complete and in place for the unit cost of Fifteen Hundred Dollars and No Cents $1,500.00 $ 4,500.00 Per Each 16. 1 EA. Furnish and install concrete collar complete and in place for the unit price of Three Hundred Dollars and No Cents $ 300.00 $ 300.00 Per Each 17. 3 EA. Relocate existing water lateral for the unit price of Seven Hundred Dollars and No Cents $ 700.00 $ 2,100.00 Per Each 18, 173 L.F. Per Lineal Foot Furnish and install 2 -inch PVC (C -900) water lateral complete and in place for the unit price of Dollars and Cents $10.00 $1730.00 P -5 SCHEDULE OF WORK ITEMS ITEM APPROXIMATE UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE AMOUNT 19. 722 S.Y. Furnish and install Type I slurry seal for the unit price of Five Dollars and No Cents $ 5.00 $ 3,610.00 Per Square Yard 20. Lump Sum Pressure test, disinfect and flush new water main for the lump sum price of Six Hundred Dollars and No Cents $ 600.00 $ 600.00 Lump Sum 21. Lump Sum Provide traffic control for the project for the lump sum price of Two Thousand Dollars and No Cents $ 2.000.00 $ 2.000.00 Lump Sum 22. 2 EA Furnish and Install 18" Reinforced Concrete Pipe (2000D) with Concrete Collars at bends for non - standard Curve Radius for the unit price of One Thousand Dollars and No Cents $1.000.00 $ 2,000.00 Per Each P -6 SCHEDULE OF WORK ITEMS 0 ITEM APPROXIMATE UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE AMOUNT TOTAL PRICE IN WRITTEN WORDS (Bid Items 1 -22) One Hundred Fifty-Five Thousand Thirty Dollars and Cents $155,030.00 Total Price I declare under penalty of perjury that all representation made above are true and correct.* *Effective January 1, 1990, Business and professional Code Section 702.8.15 provides that any bid not containing the above requested information, or a bid containing information which is subsequently proven false, shall be considered non - responsive and shall be rejected. Bidder's Name ARA ENGINEERING CONTRACTOR Bidder's Address 6910 Oran Circle, Buena Park, CA 90621 Bidder's Telephone Number (714) 521 -9061 Contractor's License No. & Classification 623101 "A" & "B" 7/31/97 Expiration Date 3/6/96 Date S /ALI YAZDANSHENAS �) Iva, General Partner P -7 0 0 Page 2 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accord with the "NOTICE INVITING BIDS ". L PROPOSAL 2. INSTRUCTIONS TO BIDDERS 3. DESIGNATION OF SUBCONTRACTOR(S) 4. BIDDER'S BOND (sum not less than 10% of total bid price) 5. NON - COLLUSION AFFIDAVIT 6. TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the Bidder's Bond. The title of the project and the words "SEALED BID" shall be clearly marked on the outside of the envelope containing the documents. The City of Newport Beach will not permit a substitute format for the documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informailty in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substition 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 accord 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 California Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." 0 0 Page 2A 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. 623101 "A" &'B" Contr's Lic. No. & Classification Date ARA ENGINEERING CONTRACTOR Bidder 1 SIALI YAZDANSHENAS General Partner 0 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 accord 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 accord with State law. No changes may be made in these subcontractors except with prior written approval of the City of Newport Beach. 1 6. 7 1 11 1 Subcontractor Address Subcontract Work ARA ENGINEERING CONTRACTOR Bidder S /ALI YAZDANSHENAS General Partner 0 BIDDER'S BOND 0 Page 4 KNOW ALL MEN BY THESE PRESENTS, That we, ARA ENGINEERING CONTRACTOR, as bidder, and American Motorists Insurance Company as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Twenty Thousand and No /100ths Dollars ($20,000.00), lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of Groundwater Development Project, Well Site Development Project - Phase I for Dolphin Avenue Well Site & Tamura School Well Site C- 3004 -R Title of Project Contract No. in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver to said City the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) after the date of the mailing of Notice of Award to the above bounded bidder by and from said City, then this obligation shall become null and void; otherwise it shall be forfeited to the said City. In the event that any bidder above named executed this bond as an individual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 5TH day of MARCH, 1996. (Attach acknowledgement of ARA ENGINEERING CONTRACTOR Attorney -in -Fact) Bidder Attached as separate document. S /A. MELENDEZ S /ALI YAZDANSHENAS Notary Public, #1077910 General Partner November 19, 1999 American Motorists Insurance Company Commission Expires Surety By: S /DAVID Z. NODDLE Title: Attorney -in -Fact 0 0 Page 5 NON - COLLUSION AFFIDAVIT The bidder, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths, say that neither they nor any of them have, in any way, directly or indirectly, entered into any arrangement or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever; or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the bidder from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be suggested, offered, paid or delivered to any person whomsoever to influence the acceptance of said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomsoever to pay, deliver to or share with another person in any way or manner, any of the proceeds of the contracts sought by this bid. Subscribed and sworn to before me this day of YY) ca< CCti 1996. My Commission Expires: ARA ENGINEERING CONTRACTOR Bidder / SIALI YAZDANSHENAS / 9 General Partner BETH NEILSON a Q COMM. ♦ 1009552 z Notary Public — California Z ORANGE COUNTY My Comm. Expires FES 10. 1999 Notary Public Page 6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No. 1996 CitXof Anaheim Dave Butera (714) 254 -4217 Vault Rehab. Project 1995 Chino Basin Municipal W.D. Dave Wall (909) 357 -0241 DAFT Underflow & Trickling Filter Effluent 1994 Chino Basin Municipal W.D. Dave Wall (909) 357 -0241 1995 City of San Juan Capistrano Brian Perry (714) 493 -1171 Railroad Waiting & Loading Platform 1994 Brown Field Emergency Connection Ron Ripperger (619) 670 -2222 Otay Water District 1994 City of La Habra Maydi Ataya Water Improvement ARA ENGINEERING CONTRACTOR Bidder S /ALI YAZDANSHENAS General Partner �� • ! Page 7 NOTICE TO SUCCESSFUL BIDDER The following contract documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of mailing the Notice of Award to the successful bidder: PAYMENT BOND (pages 8 & 9) FAITHFUL PERFORMANCE BOND (pages 10 & 11) CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 12,13 &14) WORKERS' COMPENSATION INSURANCE CERTIFICATION (page 15) CONTRACT (pages 16 & 17) 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, and (3) meeting the Policyholder's Rating and Financial Size Category criteria in the paragraph below. Insurance Companies affording coverage and sureties issuing bonds 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 VII (or larger) in accord with the latest edition of Best's 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 Worker's Compensation Insurance Certification shall be executed and delivered to the Engineer along with a Certificate of Insurance for Worker's Compensation prior to the City's execution of the Contract. All costs associated with the specifications of these contract documents shall be absorbed in the bid. Such specifications shall include those contained in (1) each contract document and (2) the Standard Specifications for Public Works Construction. except as modified by the Special Provisions. Bon o.: 3SM 886 461 00 Pre* Incl. In Perf. Executed In (4) Parts Page 8 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 MARCH 25TH 1996 has awarded to ARA ENGINEERING CONTRACTOR hereinafter designated as the "Principal ", a contract for Groundwater Development Proiect. Well Site Development Proiect - Phase I for Dolvhin Avenue Well Site & Tamura School Well Site Contract No. C- 3004 -R in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach, and all of which are incorporated herein by this reference; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his or its subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We ARA ENGINEERING CONTRACTOR as Principal, and AMERICAN MOTORISTS INSURANCE COMPANY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of One Hundred Fifty -Five Thousand and Thirty & No /100 Dollars ($ 155.030.00), said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the contract; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his subcontractors, fail to pay for any materials, provisions or other supplies, used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, 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 resoect to such work and labor, that the Surety or Sureties will pay for the same, in an amount not to 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. • Page 9 The bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this bond as required by the provisions of Section 3247 et seq, of the Civil Code of the State of California. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 18thdayof March 1996_ ARA EneineerinQ Contractor (Seal) Name of con for (Principal) �- Auth Sigtutture and Titk Authorised Signature and Title AMERICAN MOTORISTS INSURANCE COMPANY (Seal) Naas of Smarty 7470 North Figueroa Addrm of $Mty r- Authorized Apmt , Attorney-in-Fact of Agent (213) 2578291 Telephone Number of Agent State of California County of Los Angeles On MAR 181996 before me, A. Melendez, Notary Public, NAME, TITLE OF OFFICER personally appeared David Z. Noddle NAME OF SIGNER ■Personally known tome -OR- ❑ proved tome on the basis of satisfactory evidence 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 E to be the person(s) whose name(s) is /are ❑ subscribed to the within instrument and ❑ acknowledged to me that he /she /they executed ❑ the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the ^8`a�eesHa iO'O'Ort "wn °6aA eIVICLL instrument the person(s), or the entity upon v #, j a a behalf of which the person(s) acted, executed the M , S instrument. °-��`,3 1999w -'�' Lh; O. ^.:',m Exaues :vevsi�tari9, WITNESS my hand and official seal. 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 E ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) American Motorists Insurance Company DESCRIPTION OF ATTACHED DOCUMENT BOND(S) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES MAR 181996 DATE OF DOCUMENT SIGNER OTHER THAN NAMED ABOVE AMERICAN MOTORISTS INSURANCE COMPANY Hone Office: Long Grove, IL 60049 POWER. OF ATTORNEY Know All Men By These Presents: rcniona nsumaze cdeaie¢ That the American Motorists Insurance Company, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in Long Grove, Illinois, does hereby appoint David Z. Noddle of Los Angeles, California *****Ah*** its true and lawful agent(s) and attorney s) -in -fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1997, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertakinz exceeds TWO MILLION FIVE HUNDRED THOUSAND DOMMR ($2,500,000.00)********h EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the sane obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Company as fully and amply to all intents and purposes, as if the sane had been duly executed aW acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1997. This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of said American Motorists Insurance Company on February 23, 1988 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: -VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretsry shall have the power and authority to appoint agents and attorneys- in-fact, and to authorize then to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of Process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and hold on the 23rd day of February, 1968: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, nay be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company.^ In Testimony Whereof, the American Motorists Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this 01 day of January , 1994 . Attested and Certified: AMERICAN MOTORISTS INSURANCE COMPANY W. A. Grauzas, ie_ by (OVER) J. S. Kemper, III, Exec. Vice President i STATE OF ILLINOIS SS COUNTY OF LAKE 0 I, Irene Klewer, a Notary Public, do hereby certify that J. S. Kemper, III and W. A. Grauzas personally known to me to be the same persons whose names are respectively as Exec. Vice President and Secretary of the American Motorists Insurance Company, a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. My commission expires: 1 -28 -98 "OFFICIAL SEAL" ► 4 Irene Klewer ► 4 Notary Public, State of Illinois ► 4 My Commisslon Esplres 1211198 ► CERTIFICATION Irene Klewer, Notary Public I, N. J. Zarada, Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated Jarnuary 01, 1994 on behalf of the person(s) as listed on the reverse side is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate) and I do further certify that the said J. S. Kemper, III and W. A. Grauzas who executed the Power of Attorney as Exec. Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Senior Vice President and Secretary of the American Motorists Insurance Company. IN TESTIMONY WHEREOF, I have harenynio subscribed my name and affixed the corporate seal of the American MAR 181996 Motorists Insurance Company on this day of , 19 N.J.Zarada, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. FM 836 -5 6 -92 IN PRINTED IN U.S.A. Power of Attorney - Term 3 N' Pr Emium BASED A FINAL coNTRACT PRQ FAITHFUL PERFORMANCE BOND Bond No.: 3SM 886 461 00 remium: $3,101.00 xecuted In (4) Parts Page 10 KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted MARCH 25TH. 1996 has awarded to ARA ENGINEERING CONTRACTOR, hereinafter designated as the "Principal ", a contract for Groundwater Development Project Well Site Development Project - Phase I for Dolphin Avenue Well Site & Tamura School Well Site Contract No. C- 3004 -R, in the City of Fountain Valley, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach, all of which are incorporated herein by this reference; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We,ARA ENGINEERING CONTRACTOR, as Principal and AMERICAN MOTORISTS INSURANCE COMPANY, as Surety, are held and firmly found unto the City of Newport Beach, in the sum of One Hundred Fifty- Five Thousand and Thirty & No /100 Dollars ($155.030.00). said sum being equal to 100% of the estimated amount of the contract, to be paid to said City or its certain attorney, its successors and assigns; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in said contract and any alteration thereof made as therein provided on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. 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. r ,C�—,� -k-� 35M F�: <c 11 t i co 0 • Page 11 And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its obligations on ,thin 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. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effeect for six (6) months following the date of formal acceptance of the Project by the City. 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 WHEMOF, this instrument has been duly executed by the Principal and Surety above named, on thaUthdayof March 1996. ARA Engineering Contractor (Cl) Name of Con or (Principal) Ja,4„- A Signature mad Title Authorized Signature and Title AMERICAN MOTORISTS INSURANCE COMPANY (Seal) Name of Sunny 7470 North Figueroa reet Los Angeles, CA Address of Surely ,; of Authorized Agent .e, Attorney- n-Fact Same As Above Addnu of Agent (213) 257 -8291 Telephaau Number of Agent • 0 1T>riSRtstUUA AL�i?Uit� t]5E 141!)iLEE?GMEt State of California County of Los Angeles On m r 5 193E, before me, A. Melendez Notary Public, TRUSTEE(S) NAME, TITLE OF OFFICER personally appeared David Z. Noddle NAME OF SIGNER OTHER: ■Personally known tome -OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the 3Y' i59 !t3evppVtl06Y1p^1giDOYY)BpYYaryDy instrument the person(s), or the entity upon F M' Y' cornM nlrr!iiri behalf of which the person(s) acted, executed the S Nortarr>o,uc ,.uurur,Nin instrument. E � ii;�i2iGW. m �- ==" A'� Cxm, EXtiNe9 N6vM,iAaf ifi, 1dG6 t b OE1�PPPDOPGDG ®Df4gtBD{i49.{hMYY1Y /YYYB WITNESS my hand and official seal. (SIGNATURE 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 DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL E ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) American Motorists Insurance Company NUMBER OF PAGES iwtik d 1996 DATE OF DOCUMENT SIGNER OTHER THAN NAMED ABOVE AIIIIIIIIIIIh f .. '•• }: :C:Llil;ll %1VALLi:ill:'bl�/il�l: .:.: ISSUF. DATF.fMMIOD/YYl PRODUCER COMPANIES AFFORDING COVERAGE American Junior of South Insurance Services COMPANY A LETTER CALVERT INSURANCE COMPANY 16200 Ventura Blvd. Suite 425 COMPANY Encino Ca. 91436 Tele.(818)906 2424 LETTER ER . INSUR Engineering Contractor C LETTER Y 28102 Haria COMPANY D Mission Viejo, Ca. 92692 LETTER COMPANY E 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. co TR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE ALL LIMITS IN THOUSANDS GENERAL LIABILITY ( OCCURENCE BASIS ONLY) CAL0001497 07/24/95 07/24/96 GENERAL AGGREGATE $1,000,000 COMMERCIAL COMPREHENSIVE PRODUCTS /COMPLETED $1,000,000. OWNERS & CONTRACTORS OPERATIONS AGGREGATE PERSONAL INJURY $1,000,000. PROTECTIVE CONTRACTUAL FOR SPECIFIC CONTRACT EACH OCCURENCE $1,000,000. PRODUCTS /COMPLETED OPERATION XCU HAZARDS BROAD FORM PROPERTY DAMAGE SEVERABILITY OF INTEREST CLAUSE FIRE DAMAGE FIRE) $ 50 000. P. I. WITH EMPLOYEE EXCLUSION (ANYONE MEDICAL EXPENSES $ REMOVED MARINE (ANY ONE PERSON) AUTOMOBILE LIABILITY COMBINED iRy SINGLE LIMIT /��I ANV AUTO ALL OWNED AUTOS BODILY INJURY (PER PERSON) ;� SCHEDULED AUTOS 's HIRED AUTOS BODILY INJURY (PER ACCIDENT) ®.. NON -OWNED AUTOS !EACH GARAGE LIABILITY PROPERTY DAMAGE XCESS LIABILITY AGGREGATE CE UMBRELLA FORM OTHER THAN UMBRELLA FORM $ WORKERS' COMPENSATION STATUTORY $ EACH ACCIDENT & $ DISEASE- POLICY LIMIT EMPLOYERS' LIABILITY $ DISEASE -EACH EMPLOYEE OTHER $ DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /RESTRICTIONS /SPECIAL ITEMS: ALL OPERATIONS PERFORMED FOR THE CITY OF NEWPORT BEACH BY OR ON BEHALF OF THE NAMED INSURED IN CONNECTION WITH, BUT NOT LIMITED TO THE FOLLOWING CONTRACT: Groundwater Development Project Well Site Development Project -Phase I- DolphinAvenue & Tamura School Contract - 3004 -R PROJECT TITLE AND CONTRACT NUMBER CERTIFICATE HOLDER:'. „. �' CANCECLATIQN• CITY OF NEWPORT BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON - RENEWED, CANCELLED OR P.O. BOX 1768 COVERAGE REDUCED BEFORE THE EXPIRATION DATE THE COMPANY AFFORDING 3300 NEWPORT BOULEVARD COVERAGE SHALL PROVIDE 30 DAYS MINIMUM ADVANCE NOTICE TO THE CITY OF NEWPORT BEACH BY FIRST CLASS MAIL. NEWPORT BEACH, CALIFORNIA 92658 -8915 ATTENTION: 3/22/1996 RUTH ]ZED PRESENTATIVE ISSUE DATE I (o 7771. OF INSURANCE A& , : " . 3 YT I'Mi ININI/1111^�) 25/96 PROMICHR 46ERTIFICATE COMPANIES ArWDING COVERAGE KELLY CURTIS—BRENNAN '0 . IVIPA . NYA ...... STATE FARM INSURANCE LETrER 27676 SANTA MARGARITA PKWY. COMPANY I-FTI'ER INSURED COMPANY LETTER C ALI REZA YAZDANSHENAS COMPANY D 28102 HARIA LETI ER MISSION VIEJO, CA 92692 NY llL�R U I COVERAGES THIS IS TO CEHRFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM On CONDIrION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED On 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. rn TYPE OV INS(IRANCR POLICY 17171j: :j'jVE, EXPIRATION NI)MBER DATE DATE ALL LIMITS INTHOUSANDS ,TU ............... (47NITAI, HARILI I Y (OCCURENCE BASIS ONLY) GENERAL AGGREGATE $ COMMERCIAL PROQUCTSICOMPLETED $ COMPREHENSIVE OPERATIONS AGGREGATE OWNERS?. CONTRACTORS PROTECTIVE PERSONAL INJURY CONTRACTUAL FOR SPECIFIC CONTRACT PRODUCTSICOMPLEFED OPERATION EACH OCCURENCE XCU HAZARDS BROAD FORM PROPERTY DAMAGE SEVERABILITY OF INTEREST CLAUSE FIRE DAMAGE (ANYONE FIRE) P. I. WITH EMPLOYEE EXCLUSION - -------- -- REMOVED MEDICAL EXPENSES S MARINE (ANY ONE PERSON) All l0t,4011 1 Lr. IA All ILITY COMBINED SINGLE LIMIT i r 000, o 0 0 I. ,�' ANY AUTO BODILY INJURY — ALL OWNED AUTOS V57-5720— (PER PERSON) BODILY INJURY SCHEDULED AUTOS All-75 1/11/96 7/11/96 I InE D Al HOS (PER ACCIDENT) NON OWNED AUTOS GARAGE LIABILITY PROPERTY DAMAGE ... . .......... . .. EXCESS LIABILITY . . . .. ........... EACH AGGREGATE OCCURENCE UMI3R6t LA FORM OTHER THAN UMBRELLA FORM $ WORKERS' COMPENSATION STATUTORY & $ EACH ACCIDENT ENITTOYERS'HABILITY DISEASE-POLICY LIMIT $ DISEASE EACH EMPLOYEE DESCRIPTION OF OPERATIONSILOCATIONSNrIlICI-ES/RESTRICTIONSISPECIAL ITEMS: ALL OPERATIONS PERFORMED FOR THE CITY OF NEWPORT BEACH BY OR ON BEHALF OF THE NAMED INSURED IN CONNECTION WITH, BUT NOT LIMITED TO THE FOLLOWING CONTRACT: oun(ITT'Bler Development Project j - Well Site Qc.w pun 'c k _e nit P To c t - P h a s e I - 1) ol p. h, WA mmtA I -am u r a5s.1ji—ml W—) 11 it: a c 1. C_-.M? Q 4 - t PLUM f I I I I IJ: AND (()MIRA( I NI]MITFR (2ERTIHCA'I E I IOLDE R CANCELLATION CITY 017 NEN\TOR I'BEACI I SHOULD ANY OF THE ABOVE DEF;CRIBED POLICIES BE NON RENEWED, CANCELLED OR P.O. Box 1169 COVERAGE REDUCED BEFORE THE EXPIRATION DATE THE COMPANY AFFORDING 3300 N[7X\'IIOIZ'F RO1 fl-FVARD COVERAGE SHALL PROVIDE 10 DAYS MINIMUM ADVANCE NOTICE TO THE. CITY Or NF"'POR 1 1117ACH. CALIFORNIA 92659 9915 NEWPOgTfl ACH BY FIRS CLASS MAIL. AIJ FN I ION: AtimoRi E (o . L •.•. �Il'1C't -'1� 11: Jll:w.:. l:G ... I.SSUEUATRWW)N YI PRODUCER COMPANIES AFF DING COVERAGE American Junior of South L�RY A Calvert Insurance Company Insurance Services 16200 Ventura Blvd. 4425 COMPANY B Commercial Underwriter Ins. Company Encino, Ca. 91436, Tel.(818)906 2424 LETTER INSURED Engineering Contractor COMPANY C LETTER 28102 Haria COMPANY D Mission Viejo, Ca. 92692 COMPANY E LETTER COVERAGES W 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. INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE ALL LIMITS IN THOUSANDS GENERAL BASSIONLY) CAL0001497 07/24/95 07/24/96 GENERAL AGGREGATE $1,000,000. L SIVE W PRODUCTSICOMPLETED $1 000 000. ONTRACTORS OPERATIONS AGGREGATE > , PERSONAL INJURY $1,000,000. VE CONTRACTUAL FOR SPECIFIC CONTRACT PRODUCTSICOMPLETED OPERATION EACHOCCURENCE $1 000 000 XCU HAZARDS > > BROAD FORM PROPERTY DAMAGE SEVERABILITY OF INTEREST CLAUSE FIRE DAMAGE $ 50,000. P. I. WITH EMPLOYEE EXCLUSION (ANYONE FIRE) MEDICAL EXPENSES $ REMOVED MARINE (ANY ONE PERSON) AUTOMOBILE LIABILITY Not Covered COMBINED SINGLE LIMIT ANY AUTO BODILY INJURY ALL OWNED AUTOS (PER PERSON) SCHEDULED AUTOS BODILY INJURY HIRED AUTOS (PER ACCIDENT) ;EACH NON -OWNED AUTOS PROPERTY GARAGE LIABILITY DAMAGE EXCESS LIABILITY CEL013421 04/05/96 07/14/96 AGGREGATE UMBRELLA FORM OTHER THAN UMBRELLA FORM 1,000,00 WORKERS' COMPENSATION Not Covered $TATVTORY a@ S EACH ACCIDENT S DISEASE - POLICY LIMIT EM PLO Y CRSAJ A B I LITY S DISEASE -EACH EMPLOYEE OTHFR DESCRIPTION OF OPERATIONS& OCATIONSNEHICLES /RESTRICTIONSISPECIAL ITEMS: ALL OPERATIONS PERFORMED FOR THE CITY OF ertificate holders or 9EHALF OF THE NAMED INSURED IN CONNECTION WITH, BUT NOT LIMITED TO THE FOLLOWING CONTRACT: Groundwnter Development Project Well Site Development Project -Phase 1- DolphinAvenue & Tnmurn School Contrncl C- 3004 -R PROJECT TITLE AND CONTRACT NUMDER CERTIFICATE HOLDER ' ` -' � CANCELLATIQN;`.: cyc��,,;.*, �;:;; '-•- '' City Of Newport Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON- RENEWED, CANCELLED OR City of Fountain Valley COVERAGE REDUCED BEFORE THE EXPIRATION DATE THE COMPANY AFFORDING Fountain Valley School District COVERAGE SHALL PROVIDE 30 DAYS MINIMUM ADVANCE NOTICE TO THE CITY OF NEWPORT BEACH BY FIRST CLAS AIL. First Baptist Church DMC Engineering AT RA rnnqtyiiPfinn AU'f -D REPRESENTATIVE ISSUE DATE / / V (l "tY OE NCWPORT BEACH 0 AUTOMOTIYE,_I,:IA I ITY INSURANCE ENDORSEMENT II IF agreed [heat: Page 13 With respect to such ins, ranee as is afforded by the policy for Automobile Liability, the Cily of Newport Reach, 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) usal by or an 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 properly damage arising; out of automobiles (1) owned by or registered in the name of an additional insured, ,r (2) leased or rented by an additional insured, or (3) operated by an additional insured. T'he insurance afforded said additional insured(s) shall apply as primary insurance and rxr ofher insurance maintained by the City of Newport Reach shall be called upon to contribute with insurance provided by this policy. 2. The policV includes the following provision: "file insurance afforded by the policy applies separately to each insured who is seeking coverage or against whorl a claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage" 3. The limits (if liability under this endorsement for the additional insureds named in Paragraph L of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit: I 1 Multiple Limits Bodily Injury Liability $ ] 000,000 per person Bodily Injury liability$ 1- 000.000 per accident Property Damage liability $ 1.000,000 ( A Combined Single Limit Bodily Injury liability $ 1- 0 OQ000, and Property Damage Liability The limits of liability as stated in Ibis 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 linlits of liability stated in the policy as applicable to Automobile Liability Insurance. Should the policy Lc non - renewed, cancelled or coverage reduced before the expiration date IhereoL the Issuing Company shall provide- 30 days advance notice to the City of Newport Beach by registered mail, Attention: Public Works Depnrhnent. `;. I ),signaled Contract: Groundwater Development Project Well Site Development Project - Phase I (rnr Uctlphjn_Avenue Well Silc, Rc l amyl:a,$chool_ Well $ire _C.- 3(II1Q -R Projccl 'Title Coalracl No I his endorsement is effective JANUARY 11 r 19 9 6 A— at 12:01 A.M. in(] forms part of Policy NO 57= 5720 —All of --$ (Oinipany Affording Coverage) Insured — ALIREZA_ YAZDANSHENAS _ Endorsement No. Issuing; Company STATE FARNj ZN CE "mm By // (Aulhori?cd Relnniivc) 0 CITY OF NEWPORT BEACH GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: Page 14 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 the liability of the company affording coverage." 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision contained in the written contract, designated below, between the named insured and the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU" hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured(s) named in paragraph I of this endorsement shall be the limits indicated below written on an "Occurrence" basis: k ] Commercial[X] Comprehensive General Liability $ 1.000.000 each occurrence $ 1.000.000 aggregate The applicable limit of the Contractual Liability for the company affording coverage shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insured(s). The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to General Liability Insurance. 6. Should the policy be non - renewed, cancelled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department 7. Designated Contract: Groundwater Development Project Well Site Development Project - Phase I for Dolphin Avenue Well Site & Tamura School Well Site C- 3004 -R Project Title Contract No. This endorsement is effective March 39th, 1996 at 12:01 A.M. and forms part of Policy No. CAT.0001497 of f:alvart Tncnranra Comrnanv (Company Affording Coverage) Insured ARA Engineering Contractor Endorsement No. Issuing Company American Junior of South By Insurance Services ( thorized Representative) • • Page 15 WORKERS' COMPENSATION INSURANCE CERTIFICATION "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 3 /%%/0 Date ARA ENGINEERING CONTRACTOR Name of Contractor (Principal) A ' Ali Yazdanshenas, General Partner Groundwater Development Project, Well Site Development Project - Phase I for Dolphin Avenue Well Site & Tamura School Well Site C- 3004 -R Title of Project Contract No. 0 • Page 16 CONTRACT THIS AGREEMENT, entered into this 26TH day of MARCH 1996, by and between the CITY OF NEWPORT BEACH, hereinafter "City," ARA ENGINEERING CONTRACTORS, hereinafter "Contractor," is made with reference to the following facts: (a) City has heretofore advertised for bids for the following described public work: Groundwater Development Project, Well Site Development Project - Phase I for Dolphin Avenue Well Site & Tamura School Well Site C- 3004 -R 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: 1. Contractor shall furnish all materials and perform all of the work for the construction of the following described public work: Groundwater Development Project, Well Site Development Project - Phase I for Dolphin Avenue Well Site & Tamura School Well Site C- 3004 -R 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 One Hundred Fifty -Five Thousand and Thirty & No /100 Dollars ($ 155.030.00) This compensation includes (1) any loss or damage arising from the nature of the work; (2) any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work; (3) any expense incurred as a result of any suspension or discontinuance of the work; but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated herein by reference as though set out in full and include the following: (a) Notice Inviting Bids (b) Instruction to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and Endorsements(s) (f) Workers' Compensation Insurance Certification 0 Page 17 (f) Plans and Special Provisions for Groundwater Development Project, Well Site Development Project - Phase I for Dolphin Avenue Well Site & Tamura School Well Site C- 3004 -R Title of Project Contract No. (g) This Contract. 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 the City or its officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. ATTEST: cgCVo�v N.P � LaVonne Harkless, City Clerk A /PPROV AS TO FORM: Robin Clauson, Assistant City Attorney CITY OF NEWPORT BEACH a municipal corporation John Hedges, Mayor CONTRACTOR: ARA ENGINEERING CONTRACTOR Name of Contractor (Principal) Ali azdanshenas, General Partner 6 a,/ouC Authorized Signature and Title