HomeMy WebLinkAboutC-3060 - Main Street Interim Improvements0 0
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
December 11, 1995
Gillespie Construction, Inc.
245 Fischer Ave. B -3
Costa Mesa, CA 92626
Subject: Surety: United Pacific Insurance Co.
Bond No.: U1857629
Contract No.: C -3060
Project: Main Street Interim Improvements
The City Council of Newport Beach on November 13, 1995 accepted the
work of subject project and authorized the City Clerk to file a
Notice of Completion and to release the bonds 35 days after the
Notice of Completion has been recorded in accordance with
applicable portions of the Civil Code.
The Notice was recorded by the Orange County Recorder on November
22, 1995, Reference No. 19950519731.
Sincerely,
1
.L��,
Wanda E. Raggio
City Clerk
WER:pm
cc: Public Works Department
3300 Newport Boulevard, Newport Beach
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk /1�7 ?-e7K-
City of Newport Beach
NewportwgBeach, CAe92663
Recorded in the Onty of Orange, California
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Clerk/Recorder
508 14000153 14 23 19950519731 4;19pm 11/22/95
N12 1 0 7.00 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 of Newport Beach, 3300 Newport
Boulevard, Newport Beach, California, 92663, as Owner, and
Gillespie Construction, Inc., 245 Fischer Ave. B -3, Costa Mesa, CA 92626 as
Contractor, entered into a Contract on September 14, 1995
Said Contract set forth certain improvements, as follows:
Mnin qt-rant Tntorim (r_grrr11 - lnro teA ,, ti,e rit,. ..F VT ,,vt
Beach, County
Work on said Contract was completed on October 7, 1995
and was found to be acceptable on November 13, 1995
by the City Council. Title to said property is vested in the
Owner, and the Surety for said Contract is United Pacific Insurance
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and
correct to the best of my knowledge.
Executed on �%7�G� ° � �2'i �% �y� at
Newport Beach, California.
t
BY
C—Ity-CIeric -`,
�lr
•
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0
November 13, 1995
CITY COUNCIL AGENDA
ITEM NO. 25
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: ACCEPTANCE OF MAIN STREET INTERIM IMPROVEMENTS
CONTRACT NO. 3060
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 interim improvements on Main Street between
Balboa Boulevard and the Pavilion has been completed to the satisfaction of the Public
Works Department.
The bid price was $42,470.00
The amount of unit items constructed 42,648.00
Amount of change orders 24,254.07
Total contract cost $66,902.07
Due to a major discrepancy discovered in the sidewalk and curb quantities prior to
•award, Council authorized staff to negotiate extra quantities of work with the contractor
not to exceed $25,000. Two change orders totaling $24,254.07 were issued which
covered all extra quantities and work to complete the project.
c3y)
0
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SUBJECT: ACCEPTANCE OF MAIN STREET INTERIM IMPROVEMENTS (C -3060)
November 13, 1995
Page 2
Funds for the project were budgeted in the following General Fund accounts:
Description
Sidewalks (General Services)
Sidewalks (Public Works)
Street Lights
TOTAL
Account Number Am un
7013- C3130016 $18,000.00
7013- C5100020 $36,470.00
7014- C5300035 $13.000.00
$67,470.00
The contractor is Gillespie Construction, Inc. of Costa Mesa.
The scheduled completion date was October 10, 1995. However, work was completed
by October 7, 1995. The contractor is to be commended in his effort for coordinating
his work with the merchants and in completing the work ahead of schedule.
Respectfully submitted,
PUBLIC WORKS DEPARTMENT
Don Webb, Director
By
Horst Hlawaty
Acting Field Engineer
•
•
•
TO:
FROM:
DATE:
9 0
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
C,47d
I
PURCHASING /ADMINISTRATIVE SERVICES DEPARTMENT
CITY CLERK
September 15, 1995
SUBJECT: Contract No.
C -3060
Description of Contract Main Street Interim Improvements
Effective date of Contract September 14 1995
Authorized by Minute Action, approved on September 11, 1995
Contract with Gillespie Construction Inc.
Address 245 Fischer Ave. B -3
Costa Mesa. CA
Amount of Contract
Wanda E. Raggio
City Clerk
WER:pm
Attachment
470.00
3300 Newport Boulevard, Newport Beach
e . : CITY CLERK'S COPY
NOTICE INVITING BIDS
Sealed bids may be received at the office of the City Clerk,
3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA 92659 -1768
until 11:00 A.M. on the 31s.t day of August 1995.
at which time such bids will be opened and read for:
Main Street Interim Improvements
Title of Project
3060
Contract No.
$ 45,000
Engineer's Estimate
PA4W��� \•',
Approved by the City Council
this 14th day of August 1995
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, Newport Beach, CA 92659 -1768.
For further information, please contact Lloyd Dalton at (714) 644 -3328
Project Manager
City of Newport Beach
Public Works Department
Bid Addenda No. 1
for the project titled:
Main Street Interim Improvements
Contract No. C -3060
Bid Documents Addenda No. 1:
CBy of Newpod Beach
PUBLIC WORKS DEPARTMENT
Bidders shall propose to complete Contract No. C -3060 in accord with the "PROPOSAL"
as modified by this addenda.
This is the first addenda to this contract. It consists of six (6) pages; this page and five
(5) other pages as well as one (1) attachment. This bid addenda is provided as
substitutions, additions, deletions and clarifications to the plans and specifications.
Bidders are required to include this page and the five (5) other pages when submitting
their bid proposal.
Bids will be opened by the City Clerk of the City of Newport Beach in the Clerk's
Office at 3300 Newport Boulevard at 2:00 p.m. Thursday, August 31, 1995.
Bids submitted without all pages of this addenda signed, dated and attached to the bid
proposal may be rejected as "non- responsive."
dti w�
Don Webb, P.E.
Public Works Director
DW:mjs
Addendum received by:
Bidder: Gillespie Construction, InCDate: 8 -31 -95
Signature: s /Floyd Bennett, Secretary /Treasurer
Page 1 of 6 for Addenda No. 1 (Sent August 19, 1995)
,
f �
The following changes, additions, deletions or clarifications shall be made to the contract
documents; all other conditions shall remain the same.
PROPOSAL
Substitutions - Substitute the Proposal pages PR 1.1 through 1.3 with the following pages PR MR - PR 13R.
CONSTRUCTION PLANS
Addition - Add Sheet No. 2A. The Contractor shall coordinate these items with the enclosed
revised construction plan sheet, as shown with attachment No. 2.
Addendum received by:
Bidder: Gillespie Construction, Inc. Date: B -31 -95
signature? /Floyd Bennett, Secretary /Treasurer
Page 2 of 6 for Addenda No. 9 (Sent August 19, 1995)
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
MAIN STREET INTERIM IMPROVEMENTS
CONTRACT NO. 3060
PROPOSAL
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92659 -1768
PR 1.1 R
The undersigned declares that he has carefully examined the location of the work, has read
the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby
proposes to furnish all materials and do all work required to complete Contract No. 3060 in
accordance 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
NO.
QUANTITY
AND UNIT
ITEM DESCRIPTION
UNIT PRICE WRITTEN IN WORDS
UNIT TOTAL
PRICE PRICE
1.
Lump Sum
Mnbiliz on
One Thousand
@Three Hundred
Dollars
and
No
Cents
$1,300.00
Per Lump Sum
2.
Lump Sum
Traffic Control
@Eight Hundred
Dollars
and
No
Cents
$ Ron 00
Per Lump Sum
Addendum received by:
Bidder: Gillespie Construction, Inc. Date:8 -31 -95
signature: s /Floyd Bennett, Secretary /Treasurer
Page 3 of 6 for Addenda No. 1 (Sent August 19 ", 1995)
r i
lJ
PR 1.2R
ITEM
QUANTITY
ITEM DESCRIPTION
UNIT
TOTAL
NO.
AND UNIT
UNIT PRICE WRITTEN IN WORDS
PRICE
PRICE
3.
Lump Sum
Street Tree and Root Removal
Two Thousand
Dollars
No
Cents
$ 2,000.00
Per Lump Sum
4.
4
Roof Drain Extension
Ea.
Seventy -Five
Dollars
and
No
Cents
$75.00 $ 300.00
Per Each
5.
210
PCC Type B or D Curb
Lin. Ft.
Twenty -Four
Dollars
and
Fifty
Cents
$94 sn $ 145 no
Per Linear Foot
6.
215
8" PCC Pavement
Sq. Ft.
@ Nine
Dollars
and
No
Cents $_9.00 $1,935.00
Per Square Foot
7.
150
PCC Alley Approach
Sq. Ft.
Tan
Dollars
and
1Vn
Cents
$44nn $mpg
Per Square Foot
8.
9
PCC Curb Access Ramp
Ea.
@ Five Hundred
Dollars
No
500.00 4 500.00
Cents
$ $ ,
Per Each
Addendum received by:
Bidder: Gillespie Construction. Inc. Date: 8 -31 -95
Signature: s/Floyd Bennett, Secretary /Treasurer
Page 4 of 6 for Addenda No. 1 (Sent August 19 '", 1995)
Bidder: Gillespie Construction, Inc. Date: 8 -31 -95
Signatures /Floyd Bennett, Secretary /Treasurer
Page 5 of 6 for Addenda No. 1 (Sent August 19 '", 1995)
• i
PR 1.3R
ITEM
QUANTITY
ITEM DESCRIPTION UNIT
TOTAL
NO.
AND UNIT
UNIT PRICE WRITTEN IN WORDS PRICE
PRICE
9.
1200
4" PCC Sidewalk
Sq. Ft.
Nine Dollars
and
Forty Cents $ 9.40
$ 11 .280.00
Per Square Foot
10.
Lump Sum
Curb Painting
Five Hundred
@ Fifty Dollars
and
No Cents
$_L50-00
Per Lump Sum
11.
13
Furnish and Install Street Light
Ea.
Pull Box per CNB STD -205 -L
Seventy -Five Dollars
and.
No Cents $ 75.00 $ q75 .00
Per Each
12.
415
Install 1 -1/4 -inch PVC (Sch 40) Street Light
Lin. Ft.
Conduit with pull rope and Conductors Per Plan
Nine Dollars
and
No Cents $-2.00
$ 3,735.00
Per Linear Foot
13.
7
Install City Furnished Street Pole
Ea.
and Luminaire including PEC, fusing, conduit
and conductors from adjacent pull box to Luminaire
Eight Hundred
@ Fifty Dollars
and
No -Cents $ 850.00
$ 5 , 950.00
Per Each
14.
Lump Sum
Remove Existing Street Lights, Conduits
Pull boxes, Anchor Bolts and Conductors
One Thousand Dollars
No Cents
$ 1,000.00
Per Lump Sum
Addendum received by:
Bidder: Gillespie Construction, Inc. Date: 8 -31 -95
Signatures /Floyd Bennett, Secretary /Treasurer
Page 5 of 6 for Addenda No. 1 (Sent August 19 '", 1995)
PR 1.4R
REM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
15. Lump Sum Remove Existing 5kV Conductors
and Ground Cables
Eight Hundred Dollars
No C and nts $800.00
Per Lump Sum
16. 1 Install Street Light Foundation
Ea
Four Hundred Dollars
and
No Cents $ 400.00 $400.00
Per Each
17. 10 Install 1 -inch PVC (Sch 40) Street Light
Lin. Ft. Conduit by slant drilling with
Conductors Per Plan
r@ Thirty Dollars
and
No Cents $ 30.00 $ 300.00
Per Linear Foot
Forty -Two Thousand
Four Hundred Seventy Dollars
and
No Cents $ 42,470.00
TOTAL BID PRICE (WORDS) TOTAL BID PRICE
(FIGURES)
8 -31 -95 Gillespie Construction Inc.
Date Bidder
714 - 957 -0233 s /Floyd Bennett, Secretary /Treasurer
Bidder's Telephone No. Bidder's Signature & Title
447025 -A -' 245 Ficchpr Avp- R -3 Cncta Maca�CA 92626
Bidder's License No. & Classification Bidder's Address
Addendum received by:
Bidder: Gillespie Construction, Inc. Date: 8 -31 -95
Signature: s /Floyd Bennett, Secretary /Treasurer
Page 6 of 6 for Addenda No. 1 (Sent August 19 ", 1995)
a
Page 2
INSTRUCTIONS TO BIDDERS
The following documents shall be completed, executed and received
by the City Clerk in accordance with NOTICE INVITING BIDS:
PROPOSAL (Page 1)
INSTRUCTIONS TO BIDDERS (Page 2)
DESIGNATION OF SUBCONTRACTORS (Page 3)
BIDDER'S BOND (Page 4)
NON - COLLUSION AFFIDAVIT (Page 5)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES (Page 6)
except that cash, certified check or cashier's check (sum not less
than 10% of the total bid price) may be received in lieu of the
BIDDER'S BOND. The title of the project and the words "Sealed Bid"
shall be clearly marked on the outside of the envelope containing
the documents.
The City of Newport Beach will not permit a substitute format
for the documents listed above. Bidders are advised to review
their content with bonding and legal agents prior to submission of
bid.
BIDDER'S BOND shall be issued by an insurance organization or
surety (1) currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, and (2)
listed as an acceptable surety in the latest revision of the
Federal Register Circular 570.
The estimated quantities indicated in the PROPOSAL are
approximate, and are given solely to allow the comparison of 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.
5/91
a •
Page 2A
In accordance with the California Labor Code (Sections 1770 et
seq.) , the Director of Industrial Relations has ascertained the
general prevailing rate of per diem wages in the locality in which
the work is to be performed for each craft, classification, or type
of workman or mechanic needed to execute the contract. A copy of
said determination is available in the office of the City Clerk.
All parties to the contract shall be governed by all provisions of
the California Labor Code relating to prevailing wage rates
(Sections 1770 -7981 inclusive).
The Contractor shall be responsible for insuring compliance
with provisions of Section 1777.5 of the Labor Code Apprenticeship
requirements and Section 4100 et seq. of the Public Contracts Code,
"Subletting and Subcontracting Fair Practices Act."
All documents shall bear 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.
447025 -A
Contractor's License No. & Classification
Gillespie Construction, Inc.
8 -17 -95
Date
5/91
Flovd Sennett. Secretary Tr
Page 3
DESIGNATION OF SUBCONTRACTOR(S)
State law requires the listing of all subcontractors who will
perform work in an amount in excess of one -half of one percent of
the Contractor's total bid. If a subcontractor is not listed, the
Contractor will be responsible for performing that portion of the
work. Substitution of subcontractors shall be made only in
accordance with State law and /or the Standard Specifications for
Public Works Construction, as applicable.
The Bidder, by signing this designation, certifies that bids
from the following subcontractors have been used in formulating the
bid for the project and that these subcontractors will be used
subject to the approval of the Engineer and in accordance with
State law. No changes may be made in these subcontractors except
with prior approval of the City of Newport Beach.
Subcontract Work Subcontractor Address
1 Electrical F.J. Johnson Anaheim
2. Concrete M.C.I. Azusa
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Gillespie Construction, Inc.
Bidder
5/91
s /Floyd Bennett, Secretary /Treasurer
Authorized Signature /Title
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS,
0
Page 4
That we, Gillespie Construction, Inc. as
bidder, and United Pacific Insurance Comaany , as
Surety, are held and firmly bound unto the City of Newport Beach,
California, in the sum of Ten Percent of the Amount of the Bid Dollars
($ 10% of Bid ),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 Main Street Interim Improvements
(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
17th day of August , 1995.
Gillespie Construction Inc.
Bidder
Shawn Blume
Notary Public
Commission Expires: April 12, 1999
5/91
s /flood Bennett. Secretary /Treasurer
Authorized Signature / T1tle
SURETY United Pacific
Insurance Company
BY :s Rosemary Stand by
(Attach Acknowledgment
of Attorney -In -Fact)
i •
NON- COLLUSION AFFIDAVIT
State of California
Page 5
I ss.
County of Orange )
Floyd Bennett being first duly sworn, deposes and
says that he or she is Secretary /Treasurer of Gillespie Construction Irtic.
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.
Gillespie Construction, Inc. s /Floyd Bennett, Secretary /Treasurer
Bidder Authorized Signature /Title
Subscribed and sworn to before me this 17th day of August ,
19 95.
[SEAL]
s /Margaret M. Ford
Notary Public
My Commission Expires: Nov. 22, 1996
sisr
0 0
Page 6
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
The undersigned submits herewith a statement of the work of
similar character to that proposed herein which he has performed
and successfully completed.
Year For Whom Person Telephone
Completed Performed (Detail) To Contact Number
Please see attached Job List
Gillespie Construction, Inc.
Bidder
5/91
" roasurpr
Authorized Signature Title
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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
Notice of Award to the successful bidder:
PAYMENT BOND (Page 8)
FAITHFUL PERFORMANCE BOND (Page 9)
CERTIFICATE OF INSURANCE (Page 10)
GENERAL LIABILITY INSURANCE ENDORSEMENT (Page 11)
AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT (Page 12)
WORKERS' COMPENSATION INSURANCE CERTIFICATION (Page 13)
CONTRACT (Page 14)
The City of Newport Beach will not permit a substitute format
for these contract documents. Bidders are advised to review their
content with bonding, insuring and legal agents prior to submission
of bid.
Payment and faithful performance bonds shall be issued by an
insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the
State of California, and (2) listed as an acceptable surety in the
latest revision of the Federal Register Circular 570.
Insurance companies affording coverage shall be (1) currently
authorized by the Insurance Commissioner to transact business of
insurance in the State of California, and (2) assigned
Policyholders' Rating A (or higher) and Financial Size Category
Class VIII (or larger) in accordance with the latest edition of
Best's Key Rating Guide: Property - Casualty. Coverages shall be
provided as specified in the Standard Specifications for Public
Works Construction, except as modified by the Special Provisions.
The Workers' Compensation Insurance Certification shall be
executed and delivered to the Engineer along with a Certificate Of
Insurance for workers' compensation prior to City's execution of
the Contract.
5/91
• BOND NA&R U1857629
PREMIU $1,062.00
EXECUTED IN FOUR COUNTERPARTS
Page 9
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, That
WHEREAS, the City Council of the City of Newport Beach, State
of California, by motion adopted Seotemhpr 11 1995 has awarded
to Gillespie Construction. Inc. hereinafter
designated as the "Principal ", a contract for Main Streat Intarim
Improvements (Contract No. 1060 ) 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. qw and the terms thereof require the
furnishing of a bond for the faithful performance of the Contract;
NOW, THEREFORE, we, GILLESPIE CONSTRUCTION, INC.
as Principal, and UNITED PACIFIC INSURANCE COMPANY
as Surety, are held firmly bound unto the City of Newport Beach, in
the slim of FORTY -TWO THOUSAND FOUR HUNDRED SEVENTY Dollars ($42,470.00 ) ,
said sum being equal to loot of the estimated amount of the
contract, to be paid to the City or its certain attorney, its
successors, and assigns; for which payment well and truly made, we
bind ourselves, our heirs, executors and administrators,
successors, or assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above
bounden Principal, its heirs, executors, administrators,
successors, or assigns, shall in all things stand to and abide by,
and well keep truly and perform the covenants, conditions, and
agreements in the Contract and any alteration thereof made as
therein provided on its part, to be kept and performed at the time
and in the manner therein specified, and in all respects according
to its true intent and meaning, and shall indemnify and save
harmless the City of Newport Beach, its officers, employees and
agents, as therein stipulated, then this obligation shall become
null and void; otherwise it shall remain in full force and effect.
As a part of the obligation secured hereby, and in addition to
the fact amount specified in this Performance Bond, there shall be
included costs and reasonable expenses and fees, including
reasonable attorneys fees, incurred by the City, in the event it is
required by bringing any action in law or equity to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no
change, extension of time, alterations or additions to the terms of
the contract or to the work to be performed thereunder or to the
specifications accompanying the same shall in any wise affect its
5191
STATE OF
COUNTY OF
CALIFORNIA
RIVERSIDE
I SS.
On SEPTEMBER 12, 1995 ,before me, ROSEMARY STANDLEY
PERSONALLY APPEARED
MICHAEL D. STONG
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 acknowl-
edged to me that he /she /they executed the same in his/
her /their authorized capacity(ies), and that by his /her/
their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
Signature <2LVIlN� } ^.Ix/I�LICXY�1
OPTIONAL
This area for Official Notarial Seal
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
rITLE(s)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
I
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSONIS) OR ENTITVQES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
to-061 Rev. e %va ALL- PURPOSE ACKNOWLEDGEMENT
/l
L;7 CCf:V °V Z$X;il EXPIRG
.'•�
JUNE 7, 1986
This area for Official Notarial Seal
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
rITLE(s)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
I
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSONIS) OR ENTITVQES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
to-061 Rev. e %va ALL- PURPOSE ACKNOWLEDGEMENT
U
Page 9A
obligations on this bond, and it does hereby waive notice of any
such change, extension of time, alterations or additions of the
contract or to the work or to the specifications.
This Faithful Performance Bond shall be extended and
maintained by the Principal in full force and effect for six (6)
months following the date of formal acceptance of the Project by
the City.
In the event that the principal executed this bond as an
individual, it is agreed that the death of any such principal shall
not exonerate the Surety from its obligations under this bond.
IN WITNESS WHEREOF, this instrument has been duly executed by
the Principal and Surety above named, on the , 12th day of
SEPTEMBER , 19 95.
Gillespie Construction, Inc.
Name of Contractor (Principal)
UNITED PACIFIC INSURANCE COMPANY
Name of Surety
505 N. BRAND BLVD., STE 770
Address of Surety
GLENDALE, CA 91209
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
5/91
CALIFORNIA ALL- PURPOA ACKNOWLEDGMENT
State of (I / Q
County of
On — before me,
Date �y
� Names) of SignB(s)
Ypersonally known to me – OR – ❑ prove o me 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 instrument the person(s),
MARGARETI
OFFICIAL or the entity upon behalf of which the person(s) acted,
a NARY WSLIC•CALIFORNIA 2 executed the instrument.
COMMISSION # 979374 4
� ORANGECOUNTY
My Comm. Exp. Nov zz, 1696 i WITNESS my hand and official seal.
Signature of Notary Public
OPT /O
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ dividuaI
Corporate Officer
Title(s):
• Partner — ❑ Limited C-�
• Attorney -in -Fact
❑ Trustee
• Guardian or Conservator
• Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
NMI
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited
❑ Attorney -in -Fact
❑ Trustee
❑ General
Guardian or Conservator
Other:
Signer Is Representing
RIGHT THUMBPRINT
OF SIGNER
0 1994 National Notary Association • 8236 Remmet Ave., P.O. Box 71414 • Canoga Park, CA 91309 -7164 Prod. No. 5907 Reorder: Call Toll -Free 1- 800 -876 -6827
BOND NUISR U1857629
PREMIUM. CLUDED IN PERFORMANCE BOND
EXECUTED IN FOUR COUNTERPARTS
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 Sant.amhpr 11, 1495 has awarded
to P hereinafter
designate as the "Principal ", a contract for Main qtr P1 Interim
imprnvamantc (Contract No. �n6n ) 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. 3060 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, GILLESPIE CONSTRUCTION, INC.
as Principal, and UNITED PACIFIC INSURANCE COMPANY
as Surety, are held firmly bound unto the City of Newport Beach, in
the sum of FORTY -TWO THOUSAND FOUR HUNDRED SEVEbTcyllars ($42,470.00 ),
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 /her subcontractors, fail to pay for any
materials, provisions, or other supplies, used in, upon, for, or
about the performance of the work contracted to be done, or for any
other work or labor thereon of any kind or for amounts due under
the Unemployment Insurance Code with respect to such work or labor,
or for any amounts required to be deducted, withheld and paid over
to the Employment Development Department from the wages of
employees of the Principal and subcontractors pursuant to Section
13020 of the Unemployment Insurance Code with respect to such work
and labor, that the Surety or Sureties will pay for the same, in an
amount not exceeding the sum specified in the bond, and also, in
case suit is brought upon the bond, a reasonable attorney's fee, to
be fixed by the Court as required by the provisions of Section 3250
of the Civil Code of the State of California.
5/91
STATE OF _
COUNTY OF
CALIFORNIA
RIVERSIDE
I SS.
On SEPTEMBER 12, 1995 , before me, ROSEMARY STANDLEY
PERSONALLY APPEARED
MICHAEL D. STONG
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 acknowl-
edged to me that he /she /they executed the same in his/
her /their authorized capacity(ies), and that by his /her/
their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seaL
Signature ICX�
OPTIONAL
et s 1f a t
X r; z5 �'W 0 F s! V �� _a
�sr -.7. t..:... �I}>
�;iT3T.�C34q
This area for Official Notarial Seal
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSONIS) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
ID-081 Rev. 6/94 ALL- PURPOSE ACKNOWLEDGEMENT
E
0
Page 8A
The bond shall inure to the benefit of any and all persons,
companies, and corporations entitled to file claims under Section
3181 of the California Civil Code so as to give a right to them or
their assigns in any suit brought upon this bond, as required by
and in accordance with the provisions of Sections 3247 et. seq. of
the Civil Code of the State of California.
And said Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alterations or additions
to the terms of the contract or to the work to be performed
thereunder or the specifications accompanying the same shall in any
wise affect its obligations`on this bond, and it does hereby waive
notice of any such change, extension of time, alterations or
additions to the terms of the contract or to the work or to the
specifications.
In the event that any principal above named executed this bond
as an individual, it is agreed that the death of any such principal
shall not exonerate the Surety from its obligations under this
bond.
IN WITNESS WHEREOF, this instrument has been duly executed by
the above named Principal and Surety, on the 12th day of
SEPTEMBER , 19 95,
Gillespie Construction, Inc.
Name of Contractor (Principal)
UNITED PACIFIC INSURANCE COMPANY
Name of Surety
505 N. BRAND BLVD., STE 770
Address of Surety
GLENDALE, CA 91209
Telephone
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
5/91
vI?9�- I
CALIFORNIA ALL -PURPA ACKNOWLEDGMENT
State of 024 / / I/ZM/10
County of 0(12 `7�
On — — before me, ��C(/2i1,
Date _�.� 1 r-, jliame and Title of Officer (e.g., "Jane Doe,
per so Ily appeared CMG/
Name(s) of Sigal
personally known to me – O – ❑ 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 acknowledged to me that he /she /they executed the
same in his /her /their authorized capacity(ies), and that by
his /her /their signatures) on the instrument the person(s),
OFFICIAL SEAL or the entity upon behalf of which the person(s) acted,
MARGARET MARY FORD executed the instrument.
NOTARY PUBLIC- CALIFORNIA w
w+ g- COMMISSION P 978374
opr ORANGE COUNTY
! My Comm. Exu Nov 22 1996 1
r
WITNESS my hand and official seal.
Signature of Notary Public
OPT/
O L
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Ividual
Corporate Qfficer
Title(s):
❑ Partner — ❑ Limited
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Signer's Name:
❑ Individual
I
Number of Pages:
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing
RIGHT THUMBPRINT
OF SIGNER
0 1996 National Notary Associalion • 8236 Rommel Ave„ P.O. Box 7184 • Canoga Park, CA 91309-9184 Prod. No. 5907 Reorder: Call TaI6Fm6 1-800. 876.6827
UNIT* PACIFIC INSURANCE COOANY
HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That the UNITED PACIFIC INSURANCE COMPANY, a corporation duly organized under the laws of the
State of Pennsylvania, does hereby make, constitute and appoint Michael D. Stong, individually, of Riverside, California, its true and lawful
Attorney(s) -in -Fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed any and all bonds and undertakings of
suretyship and to bind the UNITED PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings
and other writings obligatory in the nature thereof were signed by an Executive Officer of the UNITED PACIFIC INSURANCE COMPANY and
sealed and attested by one other of such officers, and hereby ratifies and confirms all that its said Attorney(s) -in -Fact may do in pursuance
hereof.
This Power of Attorney is granted under and by authority of Article VII of the By -Laws of UNITED PACIFIC INSURANCE COMPANY which
became effective September 7, 1978, which provisions are now in full force and effect, reading as follows:
ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKING
1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice
President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorneyls) -in -Fact and to
authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings
obligatory in the nature thereof, and (b) to remove any such Attorney(s) -in -Fact at any time and revoke the power and authority given to them.
2. Attorney(s)-in -Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to
execute and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in
the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity
and other writings obligatory in the nature thereof.
3. Attorneyls) -in -Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of
indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the
Company and to copies of the By -Laws of the Company or any article or section thereof.
This Power of Attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors
of UNITED PACIFIC INSURANCE COMPANY at a meeting held on the 5th day of June, 1979, at which a quorum was present, and said
Resolution has not been amended or repealed:
'Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such
Power of Attorney or any certificates relating thereto by facsimile, and any such Power of Attorney or certificate bearing
such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such Power so executed
and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company, in the future with
respect to any bond or undertaking to which it is attached.'
IN WITNESS WHEREOF, the UNITED PACIFIC INSURANCE COMPANY has caused these presents to be signed by its Vice President
and its corporate seal to be hereto affixed, this 30 day of September, 1993
UNITED PACIFIC INSURANCE COMPANY
� F
0 �
SEAL j
10 1) t Vice President
STATE OF Washington
COUNTY OF King ss.
On this 30 day of September, 1993 personally appeared Lawrence W. Carlstrom
to me known to be the Vice President of the UNITED PACIFIC S ANY, and acknowledged that he executed and attested the
foregoing instrument and affixed the seal of said corporati INo fKeto"Iro ^ rticle VII, Section 1, 2, and 3 of the By -Laws of said
Company,and the Resolution, set forth therein, are still in full
O� 3G'
97 h otary Public in and for State of Washington
< � �i• �'� esiding at Sumner
I, Robyn Layng, Assistant Secretary of the UNITED PACIFIC IN 0F E� h / Y, do hereby certify that the above and foregoing is a true
and correct copy of a Power of Attorney executed by said UNITED ¢ RANCE COMPANY, which is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company this 12th day of SEPTEMBER 19 95
o SG[1L i Assistant Secretary
BOU -1431 Ed. 3/93
' Paqe .10
CERTIFICATE'OE INSURANCE:
PRODUCER
COMPANIES AFFORDING COVERAGE
Bryan D. Seltzer Insurance Svcs.
2922 E. Chapman Avenue, Suite 107
LEOMMPANYA CIGNA Prop & Casualty Ins. Co.
Cal Comp
COMDR Y
Orange, CA 92669
INSURED Gillespie Construction, Inc.
COMPANY C
LETTER
245 Fischer Ave., B -3
COMPANY
D
Costa Mesa, CA 92626
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
LTR
TYPE OF INSURANCE
POLICY
NUMBER
EFFECTIVE
DATE
EXPIRATION
DATE
ALL LIMITS IN THOUSANDS
GENERAL LIABILITY
( OCCURENCE BASIS ONLY)
GENERAL AGGREGATE
, 0 0 0, 0 0 0
A
COMMERCIAL
COMPREHENSIVE
PRODUCTS /COMPLETED
i_)'000'000
X OWNERS B CONTRACTORS
FC9163581
4/1/95
4/1/96
OPERATIONS AGGREGATE
PROTECTIVE
CONTRACTUAL FOR SPECIFIC
PERSONAL INJURY
R,000,000
CONTRACT
EACH OCCURENCE
, 000 , 0 0 0
PRODUCTS/COMPLETED OPERATION
XCU HAZARDS
BROAD FORM PROPERTY DAMAGE
SEVERABILITY OF INTEREST CLAUSE
FIRE DAMAGE
(ANYONE FIRE)
$ -50,000
X P. I. WITH EMPLOYEE EXCLUSION
MEDICAL EXPENSES
$
REMOVED
MARINE
(ANY ONE PERSON)
5,000
AUTOMOBILE LIABILITY
COMBINED
SINGLE LIMIT
$1,000,0
i. .
ANY AUTO
BODILY INJURY
A
ALL OWNED AUTOS
FC9163581
4/1/95
4/1/96
(PER
(PER PERSON)
BODILY INJURY (PER ACCIDENT)
SCHEDULED AUTOS
1xx HIRED AUTOS
NON -OWNED AUTOS
GARAGE LIABILITY
PROPERTY
DAMAGE
$
EXCESS LIABILITY
EACH
AGGREGATE
OCCURENCE
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
$
$
WORKERS' COMPENSATION
STATUTORY
$1,000,00(
EACH ACCIDENT
B
& 1949110457
9/1/95
9/l/9 (p
$1,000,00(
DISEASE - POLICY LIMIT
EMPLOYERS' LIABILITY
$1,000,00
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:
Main Street Interim Improvements C -3060
PROJECTTRLE AND CONTRACT NUMBER
CERTIFICATE HOLDER;i.,< °.
CANCELLATION
ADDITIONALLY INSURED
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON - RENEWED, 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
33DO NEWPORT BOULEVARD
NEWPORT BEACH BY FJW CLASS MAI
NEWPORT BEACH, CALIFORNIA 92658 -8915
Ir
ATTENTION'
AUTHORIZED RFPRESENTATJVE ISSUE DATE
' . t 't
Page 11
GENERAL LIABILITY INSURANCE ENDORSEMENT
It is agreed that:
1. With respect to such insurance as is afforded by the policy
for General Liability, the City of Newport Beach, its officers
and employees are additional insureds, but only with respect
to liability arising out of operations performed by or on
behalf of the named insureds in connection with the contract
designated below or acts and omissions of the additional
insureds in connection with its general supervision of such
operations. The insurance afforded said additional insured(s)
shall apply as primary insurance and no other insurance
maintained by the City of Newport Beach shall be called upon
to contribute with insurance provided by this policy.
2. The policy includes the following provision:
"The insurance afforded by the policy applies
separately to each insured against whom claim
is made or suit is brought, except with
respect to the limits of liability of the
company affording coverage.
3. The insurance afforded by the policy for Contractual Liability
Insurance (subject to the terms, conditions and exclusions
applicable to such insurance) includes liability assumed by
the named insured under the indemnification or hold harmless
provision contained in the written contract designated below,
between the named insured and the City of Newport Beach.
4. With respect to such insurance as is afforded by this policy,
the exclusions, if any, pertaining to the explosion hazard,
collapse hazard and underground property hazard (commonly
referred to as "XCU" hazards) are deleted.
5/91
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:
({}) Commercial ( ) Comprehensive
General Liability $1,000,000 each occurrence
The applicable limi t
affording coverage
damages under this
insured(s).
$2,000,000
aggregate
of Contractual Liability for the company
shall be reduced by any amount paid as
endorsement in behalf of the additional
I t
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: Main Street Interim Improvements C -3060
Project Title and Contract No.
This endorsement is ef f ective September 11, 1995 at 12:01 a.m.
and forms a part of Policy No.MFC9163581 of CIGNA Prop & Casualty Ins. Co.
(Company Affording Coverage).
Insured: Gillespie Construction, Inc. Endorsement No.:
ISSUING COMPANY
By: ry t_ jf
Authorized epresent ive
5/91
Page 12
AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT
It is agreed that:
1. With respect to such insurance as is afforded by the policy
for Automobile Liability, the City of Newport Beach, its
officers and employees are additional insureds, but only with
respect to liability for damages arising out of the ownership,
maintenance or use of automobiles (or autos) used by or on
behalf of the named insured in connection with the contract
designated below. The insurance extended by this endorsement
to said additional insured does not apply to bodily injury or
property damage arising out of automobiles (1) owned by or
registered in the name of an additional insured, or (2) leased
or rented by an additional insured, or (3) operated by an
additional insured. The insurance afforded said additional
insured(s) shall apply as primary insurance and no other
insurance maintained by the City of Newport Beach shall be
called upon to contribute with insurance provided by this
policy.
2. The policy includes the following provision:
"The insurance afforded by the policy applies
separately to each insured who is seeking
coverage or against whom a claim is made or
suit is brought, except with respect to the
limits of liability of the company affording
coverage."
3. The limits of liability under this endorsement for the
additional insureds named in Paragraph 1. of this endorsement
shall be the limits indicated below for either Multiple Limits
or Single Limit:
5/91
( ) Multiple limits
Bodily Injury Liability
Bodily Injury Liability
Property Damage Liability $
( ;4x Combined Single Limit
Bodily Injury Liability &
Property Damage Liability $ 1,000,000
per person
per accident
The limits of liability as stated in this endorsement shall
not increase the total liability of the company affording
coverage for all damages as the result of any one accident or
occurrence in excess of the limits of liability stated in the
policy as applicable to Automobile Liability Insurance.
Page 12A
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: Main Street Interim Improvements C -3060
Project Title and Contract No.
This endorsement is effective September 11, 1995 at 12:01 a.m.
and forms a part of Policy No.MFC9163581 ofCIGNA Prop & Casualty Ins. Co.
(Company Affording Coverage).
Insured: Gillespie Construction, Inc. Endorsement No.:
ISSUING COMPANY
By: 4, J.
Authorizsen tive
5/91
• . ,
Page 13
WORKERS' COMPENSATION INSURANCE CERTIFICATION
"I am aware of the provisions of Section 3700 of the Labor Code
which require every employer to be insured against liability for
workers' compensation or to undertake self- insurance in accordance
with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this
contract."
`x-13'
Date
C -3060
Contract Number
5/91
Main Street Interim Improvements
'1 ,y L
Page 14
CONTRACT
THIS AGREEMENT, entered into this Zg:::VAay of ,
19', by and between the CITY OF NEWPORT BEACH, hereinaf er "City,"
and Gillespie Construction, Inc. , hereinafter
"Contractor," is made with reference to the following facts:
A. City has heretofore advertised for bids for the following
described public work:
Main Street Interim Improvements C -3060
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:
Main Street Interim Improvements C -3060
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.
5/91
2. As full compensation for the performance and completion
of this work as prescribed above, City shall pay to
Contractor the sum of Fnrty -Tan Thnusand Fnur Hundred
udes:
(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.
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 f4ain Streat
Interim Improvements �3n
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.
A P VE S TO FORM:
I Y ATTORNEY
ATTEST:
CITY OF NEWPORT BEACH
A Municipal Corporation
By: �JA /
Mayor
Gillespie Construction, Inc.
Name of Contractor
Autlorized Signature and Title
Floyd
%rect�Sv�Pr-
CALIFORNIA ALL -PURPA ACKNOWLEDGMENT 0
State of CW/ of /)/ Gt
County of �7 1 e
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On /��'S- S before me
Date , I r I Npme and Title of
personally appeared f�l
ersonally known to me – OR – ❑ proved
OFFICIAL SEAL
MARGARET MARY FORD
WARYRUBLIC-CALIFORNIA m
? S COMMISSION # 978374
ORANGE COUNTY
s My Comm Exu No. 22 'qnq x
Doe,
me 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 instrument the person(s),
or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
I
Signature of Notary Public
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®1984 National Notary Association • B236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 913097184 Prod, No. 5907 Reorder. Call Toll -Free 1.800.876.6827
•
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• BY THE CITY COONCi��
CITY OF NPNPORT 81-AC
0
September 11, 1995
CITY COUNCIL AGENDA
ITEM NO. 14
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: MAIN STREET INTERIM IMPROVEMENTS (C -3060)
RECOMMENDATIONS:
1. Award Contract No. 3060 to Gillespie Construction, Inc. for the total
bid price of $42,470.00, and authorize the Mayor and the City Clerk
to execute the contract.
2. Authorize staff to negotiate extra quantities of work with Gillespie
Construction, Inc. not to exceed $25,000.00.
or, if staff cannot successfully negotiates the extra work,
3. Reject all bids, and direct Staff to re- advertise for bids.
DISCUSSION:
At 2:00 P.M. on August 31, 1995 the City Clerk opened and read the
following bids for the project (see attached Bid Summary):
BIDDER TOTAL BID PRICE
Low Gillespie Construction, Inc. $42,470.00
2 Markel Cement Contracting, Inc. 48,992.00
• 3 Damon Const. Co. and Margaret 55,201.00
Ann Rullo a Joint Venture
4 Los Angeles Engineering, Inc. 60,536.00
On the morning of the bid opening, Staff received telephone calls from
some prospective bidders who had noticed that the quantity of sidewalk and curb to be
constructed was incorrectly listed in the bid proposal. The proposal listed 1200 sq. ft. of
sidewalk and 210 lin. ft. of curb construction, whereas from measurements from the
plans, approximately 4800 sq. ft. and 475 lin. ft., respectively, was shown to be built.
0
SUBJECT: MAIN STREET INTERIM IMPROVEMENTS (C -3060)
September 11, 1995
Page 2
Inasmuch as there was not adequate time to issue an addendum to the project •
documents, Staff instructed the bidder's to bid' the project using the quantities listed in
the proposal. A copy of the bid summary is attached
The sidewalk quantity was mistakenly advertised since the originally -
proposed project envisioned widening the sidewalk areas by joining new sidewalk
construction to existing irregular sidewalks. When the project was put out to bid, the
concept was changed so that completely new walkways would be built, and the
quantities did not get revised.
The unit prices bid for the smaller quantities of sidewalk and curb are
higher than they should be for the project. To complete the extra work needed to
replace all of the sidewalk and curb required to improve the area will necessitate a
change order to incorporate the added quantities. It is estimated that the added work
can be completed for $25,000. The recommendation authorizes the staff to negotiate a
change order with the low bidder to complete the extra sidewalk and curb work. If this
can not be done, the staff will reject the bids and re- advertise.
The Engineer's Estimate was originally advertised as $45,000. However, •
Staff subsequently determined that Main Street's lighting should be reconstructed while
the area was torn up, so approximately $15,000 worth of street lighting work was added
to the contract documents by addendum. With a $25,000 change order the total
contract would be $67,470. This will be funded from the following accounts:
Name Account No. Amoun t
Sidewalks (General Services) 7013 - C3130016 $18,000
Sidewalks (Public Works) 7013 - C5100020 36,470
Street Lights 7014- C5300035 13.000
$67,470
In addition to the work in this contract, the Public Works Utility Division
crews will replace the old concrete sewer in Main Street and reconstruct a number of
laterals that have had cleaning problems in the past and will be under new sidewalks.
This work has begun and should be completed by the end of the week.
Res ctfully Submitted, •
(2 ebb
Public Works Director
Lloyd Dalton
Design Engineer
Attachment: Bid Summary
August 14, 1995
• CITY COUNCIL AGENDA
ITEM NO. W
BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL ; I,; q 10q'i
FROM: PUBLIC WORKS DEPARTMENT =.—
SUBJECT: MAIN STREET INTERIM IMPROVEMENTS (C -3060)
RECOMMENDATIONS:
1. Approve the plans and specifications.
2. Authorize Staff to advertise for bids.
•
DISCUSSION:
This contract provides for constructing sidewalk improvements along Main
Street between Balboa Boulevard and Bay Avenue (see attached exhibit). Inasmuch
as these improvements are being built in advance of street and drainage improvements
that Staff envisions for the entire Balboa business district, they are considered "interim ".
The work includes removing 8 street trees and constructing tree wells
around the remaining 9. Also, curb access ramps will be installed, and standard
concrete sidewalks and larger -radii curb returns will be reconstructed.
The street will be narrowed in certain locations so that the area will have a
mall -like ambiance. This is intended to result in more business volume within the area.
As this memo is being prepared, Staff is working with the Balboa
Merchants /Owners Association to resolve certain design details. The Association
•desires that the work be completed by Friday, October 13th, the day that the
Association will begin hosting it's 90th birthday party for the Pavilion. Accordingly, the
contract requires that work shall be completed within 15 consecutive work days after
the start of construction or on October 10th, whichever occurs first. Hours of work will
be weekdays only, between the hours of 7:00 a.m. and 6:00 p.m.
SUBJECT: MAIN STREET INTERIM IMPROVEMENTS (C -3060)
August 14,1995
Page 2
Plans, specifications and estimates for the project have been prepared by
Staff. Staffs estimate for the work is $45,000. Funds in the amount of $50,000 for this
project are included in the Sidewalk, Curb and Gutter Program (General Services),
Account No. 7013- C3130016 ($18,000) and the Sidewalk, Curb and Gutter
Replacement Program (Public Works), Account No. 7013- C5100020 ($32,000).
PUBLIC WORKS DEPARTMENT
Don Webb, Director
MY
. -�b. .
D r. Engineer
LD:so
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Authorized to Publish Adsxrtisements of all kinds ding public notices by
Decree of the Superior Court of Orange County, Stmia, Number A-6214,
IScptcmber 29, 1961, and A -24831 June 11, 1963.
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) SS.
County of Orange )
I am a Citizen of the United States and a
resident of the County aforesaid; I am over
the age of- eighteen years, and not a party to
or interested in the below entitled matter. I
am a principal clerk of the NEWPORT
BEACH -COSTA MESA DAILY PILOT, a
newspaper of general circulation, printed and
published in the City.of Costa Mesa, County
of- Orange, State of California, and that
attached Notice is a true and complete copy
as was printed and published on the
following dates:
August 17, 23, 1995
I declare, under penalty of perjury, that the
foregoing is true and correct.
Executed on August 23
at Costa Mesa, California.
MA-11 _� &_d�_�
Signature
r 199 5
46
PUBLIC NOTICE
of the city .I
Newport I
P.O. Box 1
ad by, the
this 10th
1.1925
$8 until -11 t00 A.M. Prospective bidders mai
the 3161 day of An. obtain one set of bid.docu
it, 1993, at which manta at no coat at the of
e such bids will be lice Of the Public Work[
mad and read fart Department, 3300 Newport
In Street Interim Ins. Boulevard, Newport Beach,
CA 82659.1768.
For -further Information,
please contact Lloyd Dal,
ton, at (714) 644-3328
Published Newport
Beach -Costa Mesa Dalty
Pilot August 17, 23, 1695.
th951
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