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Home My WebLink AboutC-3070 - Balboa Peninsula Beach Access Walk Replacements at 12th Street and Island Avenue0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 August 23, 1996, 1996 LGT Enterprises P.O. Box 3905 Tustin, CA 92601 Subject: Surety: Bond No.: Contract No.: Project: (714) 644 -3005 Washington International Insurance Company 5 -500 1141 C -3070 Balboa Peninsula Beach Access Walk Replacements at 12th Street and Island Avenue On July 8, 1996, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. The Notice was recorded by the Orange County Recorder on July 16, 1996, Reference No. 19960360257. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LH:lm cc: Public Works Department 3300 Newport Boulevard, Newport Beach RECORDING REQUESTE06Y AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in the County of orange, California Gary L. Granville, Clerk /Recorder IIIIIIIIillllllllllllllllll11111111111111111111111111111111111111 No Fee 19960360251 10:13am 01/16/96 005 8006897 08 27 N12 1 7.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Z-41-61 Contractor, entered into a Contract on April 8. 1996 Said Contract set forth certain improvements, as follows: Balboa Peninsula Beach Access Walk Replacements at 12th Street and Island Avenue - Contract No. 3070 Work on said Contract was completed on June 12, 1996 and was found to be acceptable on July 8, 1996 by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Washington International Insurance Company BY 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 /9�/ at Newport Beach, California. BY i(l 0612bne, l. yJa �_ti., Jut City Clerk 0 11 FY THE CITY COUNCIL CITY OF NEWPORT BEACH July 8, 1996 CITY COUNCIL AGENDA ITEM NO. 8 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: COMPLETION AND ACCEPTANCE OF BALBOA PENINSULA BEACH ACCESS WALK REPLACEMENT AT 12TH STREET AND ISLAND AVENUE CONTRACT NO. 3070 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 reconstruction of an asphalt concrete walkway with bicycle racks at the walk's termini at the Balboa Peninsula Beach Access at 12th Street and Island Avenue has been completed to the satisfaction of the Public Works Department. The contractor was LGT ENTERPRISES of Tustin, California. The bid price was $46,760.00 The amount of unit items constructed 43,149.63 Amount of change orders 1,956.00 Total contract cost $45,105.63 A quantity decrease and /or deletion in bid items resulted in a reduction of the contract cost. A change order in the amount of $1,956.00 provided for the construction of two (2) access ramps onto the beach walkway at the Island Avenue Street End. Funds for the project were budgeted in the OCCTFP (Measure M Fund Capital Projects), Beach Access Sidewalks, Account No. 7283- C5100073. The scheduled completion date was May 31, 1996. Due to extra change order work the project was not completed until June 12, 1996. Respectfully submitted, PUBLIC WORKS DEPARTMENT (AWebb, Director . By // / Horst Hlawaty Construction Engineer • 0 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: BALBOA PENINSULA BEACH ACCESS 12TH STREET AND ISLAND AVENUE - CONTRACT NO. 3070 45 Cl�) April 8, 1996 CITY COUNCIL AGENDA RECOMMENDATIONS 1. Approve the Plans and Specifications. 2. Affirm the Categorical Exemption of Environmental Impact. 3. Award Contract No. 3070 to LGT Enterprises for the Total Bid Price of $46,768.00 and authorize the Mayor and the City Clerk to execute the contract. 4. Provide a construction contingency amount of $4,232.00 DISCUSSION: As part of a multi -year program staff prepared the plans, specifications and estimates for the construction of asphalt walks extending from the Ocean Front sidewalk at 12th • Street and Island Avenue street ends toward the ocean (see attached exhibit). The work includes replacement of the existing narrow and deteriorated concrete walks with 8 -foot wide asphalt walks which will also accommodate beach cleaner crossings, service vehicle traffic, and provide bicyclist access to the beach front. A bicycle rack will be installed at the end of each of these walks for public convenience. The construction of these two new asphalt beach access walks constitute the Phase II of a multi -year program. Staff coordinated with the Central Newport Beach Community Association to determine the locations of the proposed improvements. Phase 1 of this multi -year program, provided for construction of similar walks at the 11th Street and Orange Avenue street ends. The required Coastal Development Permit Application for this project was approved by the California Coastal Commission on March 14, 1996. At 11:00 A.M. on March 26, 1996, the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID PRICE Low LGT Enterprises $ 46,768.00 2nd Gillespie Construction, Inc. $ 50,526.00 • 3rd 4th Camino Irvine Company Hi Tech Pro Construction Co. $ 50,906.00 $ 63,912.00 5th R.J. Noble Company $ 64,111.50 6th Los Angeles Engineering, Inc. $ 79,262.50* Corrected total bid price is $79,982.50. SUBJECT: BALBOA PESSULA BEACH ACCESS WALK REPLACONTS AT 12TH STREET AND ISLAND AVENUE - CONTRACT NO. 3070 April 8, 1996 Page 2 • The low bid of $46,768.00 is 34% above the Engineer's estimate of $35,000. Staff feels that the bid response was substantial and competitive, the Engineer's estimate was simply underestimated, and that it would not be advantageous to re- advertise the project for bids. The apparent low bidder, LGT Enterprises, is a well - qualified contractor who possesses a Class A contractor's license. LGT has not previously completed contract work for the City. However, a check of their experience references and the State Contractors' License Board has shown that LGT has successfully completed similar public works projects as a general contractor for other Southern California agencies and has no pending actions detrimental to their contractor's license. Funds for award, plus a contingency for extra work and materials, are proposed from the following accounts: Description Account No. Amount Beach Access Sidewalks 7283- C5100073 $46,768.00 (contract amount) Beach Access Sidewalks 7283- C5100073 4.232.00 (contingency) Total $ 51,000.00 The contract specifies that all work shall be completed within thirty (30) consecutive • working days, but no later than the May 31, 1996, completion deadline. The contractor's failure to complete the work by this date will result in the assessment of liquidated damages in the amount of $250.00 per work day. Respectfully submitted, @1) PUBLIC WORKS DEPARTMENT Don Webb, Director By Fong Tse: Assistant Civil Engineer Attachment �J 4 A gN NTq M ra 3i at Tim Rm� ��Otj Q r 17' M C) > I Elm > gv CD QQ 0 M-4 ti 9 I 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 Los Angeles Engineering, Inc. 4134 Temple City Blvd. Rosemead, CA 91770 Gentlemen: (714) 644 -3005 May 28,1996 Thank you for your courtesy in recently submitting a bid for the Balboa Peninsula Beach Access Walk Replacement project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk By Nancy C. Lacey, C� Acting City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 R.J. Noble Company 15505 E. Lincoln Ave. P.O. Box 620 Orange, CA 92666 Gentlemen: (714) 644 -3005 May 28, 1996 Thank you for your courtesy in recently submitting a bid for the Balboa Peninsula Beach Access Walk Replacement project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk Cam. By Na C. Lacey, CM� Acting City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 High Tech Pro Construction Co. 23011 Moulton Pky. Ste. E -10 Laguna Hills, CA 92653 Gentlemen: (714) 644 -3005 May 28,1996 Thank you for your courtesy in recently submitting a bid for the Balboa Peninsula Beach Access Walk Replacement project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk By /NZaC.Lacey, CMEi Acting City Clerk 3300 Newport Boulevard, Newport Beach 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 Camino Irvine Company 2117 Via Gavilan San Clemente, CA 92673 Gentlemen: (714) 644 -3005 May 28,1996 Thank you for your courtesy in recently submitting a bid for the Balboa Peninsula Beach Access Walk Replacement project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk fn ,acey, C MC Acting City Clerk 3300 Newport Boulevard, Newport Beach 0 ! CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 Gillespie Construction, Inc. 245 Fischer Ave., Ste. B -3 Costa Mesa, CA 92626 Gentlemen. (714) 644 -3005 May 28, 1996 Thank you for your courtesy in recently submitting a bid for the Balboa Peninsula Beach Access Walk Replacement project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk e7acy (�. Lacey, C C Acting City Clerk 3300 Newport Boulevard, Newport Beath Authorized to Publish Advertisemenu of all kind tiding public notices by Decree of the Superior Court of Orange Cot mia. Number A -6214, • September 29, 1961, and A•24831 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over PUBLIC NOTICE 7 the age of-eighteen years, and not a party to IIMTINO 9108 or interested in the below entitled matter. I bids ca Slved d the ated the office of may b' 1` the; am a principal clerk of the NEWPORT City Clerk, at 3300 Newport; Boulevard, P.O. Box 1768,1 BEACH -COSTA MESA DAILY PILOT a Newport Beach, CA- 92868•' 9916 unm 11:00 AM on the newspaper of general circulation, printed and 26th day of March,-1996. at which time such bids shall be opened and for:. published in the City of Costa Mesa, County read - BALBOA PENINSULA BEACH ACCESS' WALKI of Oran e, State of California, and that REPLACEMENTS AT 12TH STREET AND ISLAND AV. attache Notice is a true and complete copy ENUE Contract Number: 3070 Engineer's as was printed and published on the Estimate: $30.D00 five bidders following dates: may obtain one set of bid docu• mentss at8ne cost at the of. Department, 3300 Newport Boulevard, P.O. Box 1788, Newport Beath, CA 928.5 8915. For further Information, coo Fong Tae, at (714) 644 - Published Newport March 16, 20, 1996 Beach -Costa Mesa Dally Pilot March 18, 20, 1998. Sw756 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on March 20 199 6 1 at Costa Mesa, California. Signatu e 0 • CITY CLERK COPY Sealed bids may be received at the office of the City Clerk, at 3300 Newport Boulevard, P.O. Bog 1768, Newport Beach, CA. 92658 -8915 until 11:00 AM on the 26th day of March .1996. at which time such bids shall be opened and read for: BALBOA PENINSULA BEACH ACCESS WALK REPLACEMENTS AT 12TH STREET AND ISLAND AVENUE Title of Project "M Contract Number $auaft Engineer's Estimate Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. O. Bog 1768, Newport Beach, CA 92658 -8915. For further information, call Fong Tse at (714) 644 -3340. Project Manager 0 0 PR 1.1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT W8101W Balboa Peninsula Beach Access Walk Replacements at 12th Street and Island Avenue CONTRACT NO. 3070 To The Mayor and Members of City Council City of Newport Beach P.O. Box 1768 Newport Beach, CA 92659 -1768 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all work required to complete this Contract No. 3070 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following units prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization @ Ten Thnn,,anl Dollars and No Cents Per Lump Sum 2. 246 Asphalt Concrete Compacted in Place Tons @—L' ftJ -One Dollars and No Per Ton 3. 541 Asphalt Treated Base Tons Cents $51.00 @ forty -Tvo Dollars and No Per Ton $ 42.00 $10,000.00 $12,546.00 $22,722.00 0 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT PRICE WRITTEN IN WORDS 4. 2 Install New Bicycle Rack and P.C.C. Foundation Each Two Hundred Fifty Dollars and No Cents Per Each 5. Lump Sum Relocate Palm Tree and Signs @ One Thousand Dollars and No Cents Per Lump Sum Fnr±,i-Six Ihmigandj PVan Hitndrpd Cixt� -Fight Dollars No and Cents TOTAL BID PRICE (WORDS) March 26, 1996 Date 714 - 965 -8105 Bidder's Telephone Number 296213 -A Bidder's License No(s). and Classification(s) LGT Enterprises Bidder PR 1.2 UNIT TOTAL PRICE PRICE $ 250.00 $500.00 $ 1,000.00 46;768.00 TOTAL BID PRICE (FIGURES) S /L.G. Tootikian, Individual Bidder's Authorized Signature and Title P.O. Box 3905, Tustin, CA 92601 Bidder's Address 0 0 Page 2 The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: PROPOSAL (Page 1) INSTRUCTIONS TO BIDDERS (Page 2) DESIGNATION OF SUBCONTRACTORS (Page 3) BIDDER'S BOND (Page 4) NON - COLLUSION AFFIDAVIT (Page 5) TECHNICAL ABILITY AND EXPERIENCE REFERENCES (Page 6) except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. The City of Newport Beach will not permit a substitute format for the documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irtegularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the Califomia Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 5/91 0 0 Page 2A The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 2.96213 -A Contractor's License No. & Classification LGT Enterprises Bidder March 26, 1996 Date 5/91 S /L.G. Tootikian, Individual Authorized Signature/Title 0 0 Page 3 State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Subcontract Work 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. LGT Enterprises Bidder 5/91 Subcontractor Address G. Tootikian, Individual Authorized Signaturefritle 0 IHI�7� : • KNOW ALL MEN BY THESE PRESENTS, Page 4 That we, LGT Enterprises as bidder, and Washington National Insurance Company as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of 49% ..c 4tie pi d, Dollars ($ 10% ),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 Balboa Peninsula Beach Access Walk Replacements at 12th Street and Island Avenue C -3070 (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 22nd day of March 1996 LGT Enterprises Bidder M. Trecinnick Notary Public March 28, 1999 Commission Expires: 5/91 S /L.G. Tootikian, Individual Authorized Signature/Title SURETY Washington National Insurance Company By: Michael A_ fh^iale•i�v A�torney -Tn -Fact. (Attach Acknowledgment of Attomey -In -Fact) • 0 NON - COLLUSION AFFIDAVIT State of California ) ss. Countyof Orange ) Page 5 L.G. Tootikian being first duly swam, deposes and says that he or she is Individual of LGT Enterprises 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. LGT Enterprises S /L.G. Tootikian, Ineividual Bidder Authorized Signature/Title Subscribed and sworn to before me this 22ndday of March 19 95 [SEAL] M. Tredinnick Notary Public My Commission Expires: March 28, 1999 5/91 • Page 6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year For Whom Person Telephone Completed Performed etaill To Conta Numbe r 1996 City of Tustin Mike Branch 714- 573 -3165 1995 City of Laguna Niguel Terry Latz 714- 362 -4325 1994 O.C.E.M.A. Bob Witting 714- 567 -6253 1005 City of Paramount Harry Babitt 310 - 220 -2020 LGT Enterprises S /L.G. Tootikian, Individual Bidder 5/91 Authorized Signature/Title • •. Page 7 The following contract documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of mailing Notice of Award to the successful bidder. PAYMENT BOND (Page 8) FAITI3FUL 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 Reds Key Rating, Guide: Prop�- a ualty. Coverages shall be provided as specified in the Standard ,eyMifications 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 • 0 BOND ll S -500 1141 PREMIUM INCLUDED ON PERFORMANCE BOND EXECUTED IN FOUR COUNTERPARTS Page 8 KNOW ALL MEN BY THESE PRESENTS, that WHEREAS the City Council of the City of Newport Beach, State of California, by motion adopted April uth, 1996, has awarded to LGT Enterprises hereinafter designated as the "Principal ", a contract for Balboa Peninsula Beach Access Walk Replacements at 12th Street and Island Avenue (Contract No 3070) 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. 3070 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, '17HEREFORE, We, LGT Enterprises _ as Principal, and WASHINGTON INTERNATIONAL INSURANCE COMPANY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of FORTY SIX THOUSAND SEVEN HUNDRED SIXTY EIGHT AND NO /100 - -- Dollars ($ 46,768. 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. 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 o=e 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 wor;< or to the suecificatiens. 0 0 Page 8A 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 APRIL 19 96 LGT Enterprises Name of Contractor (Principal) WASHINGTON INTERNATIONAL INSURANCE COMPANY Name of Surety 1930 THOREAU DRIVE, #101 SCHAUMBURG, IL 60173 Address of Surety Authorized Agent (800)338 -0753 Telephone iDuA1 _ .) QUIGLEY IN -FACT NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 5/91 STATE OF - CALIFORNIA SS. COUN'T'Y OF ORANGE On _ APRIL 12, 1996 _ , before me, N. TREDINNICR, NOTARY PUBLIC PERSONALLY APPEARED MICHAEL A. QUIGLEY personally known to me (or proved to me on the basis of satlstactory evt ence o be the person(s) whose name(s) is /are subscribed to the within instrtment and acknowl- edged to me that he /she /they executed the sake 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 V OPTIONAL This area for Official Notarial Seal Though the data below is not required by law, it n,ay prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER 7m.E(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL I ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENT@ NAME OF PERSONS) OR ENni (1125) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 1Dd1111 a` "/94 ALL - PURPOSE ACKNOWLEDGEMENT M. TRZDiN ;i C:G A COM1rM I1;.: 3 NOTARY PU LIB ORANGE COUNTY My Comm. Expires Mar. 29, 1999 This area for Official Notarial Seal Though the data below is not required by law, it n,ay prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER 7m.E(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL I ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENT@ NAME OF PERSONS) OR ENni (1125) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 1Dd1111 a` "/94 ALL - PURPOSE ACKNOWLEDGEMENT WASHINGTON INTERNATIONAL INSURANCE COMPANY i • POWER OF ATTORNEY • KNOW ALL BY THESE PRESENTS: That the Washington International Insurance Comppny, a corporation organized and existing under the laws of the State of Arizona, and having its principal office in the Village of Schaumburg, Illinois does hereby constitute and appoint SHAWN BLUME, JENNIFER JOHNSTON, MICHAEL A. OUIGLEYAND DWIGHT REILLY EACH IN THEIR SEPARATE CAPACITY its true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said Washington International Insurance Company as fully and amply, to all intents and purposes, as if the same has been duly executed and acknowledged by its President and its principal office. This Power of Attorney shall be limited in amount to $2,000,000.00 for any single obligation. This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1978, July 3, 1980 and October 21, 1986 which read, in part, as follows: 1 . The Chairman of the Board, President, Vice President, Assistant Secretary, Treasurer and Secretary may designate Attorneys -in- Fact, and authorize them 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 to appoint Special Attorneys -in -Fact, who are hereby authorized to certify copies of any pcwer -of- attorney issued in pursuant to this section and /or any of the By -Laws of the Company, and to remove, at any time, any such Attorney -in -Fact or Special Attorney -in -Fact and revoke the authority given him. 2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and binding upon the Company. IN TESTIMONY WHEREOta, Abhington International Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by�h VFer, this 2nd day of November, 1994. AS :2 ; CORPORATE•:? p SEAL OQty�ARIZ0t1A ; p� STATE OF ILLINOISfl COUNTY OF COOK) �0�rw�o-4 INTERNATIONAL INSURANCE COMPANY Chairman of the Board On this 2nd day of November, 1994, before me came the individual who executed the preceding instrument, to me personally know, and, being by me duly sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company; IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, the day and year first above written. 1 1OFFiC1AL SEAL" S _ S CHRISTINE ZARETSKY ll C��c,f � ll 11-tary Fublit. State of Illinois istine Zarotsky, ota Public 1 My C:mnisicn Expires 10.7.96 11 My Commission E ires ctober 71996 STATE OF ILLINOIS) COUNTY OF COOK) I, the undersigned, Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article III, Section 5 of the By -Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force. Signed and sealed in the County of Cook. Dated he i 2TT11111 day of Az APPRIL . 1 g 96 Lewis M. Moeller, Secretary • BOND ll S -500 114 PREMIUM: $1,169 EXECUTED IN FOUR COUNTERPARTS Page 9 KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted April 6th, 1996, has awarded to LGT Enterprises hereinafter designated as the "Principal ", a contract for Balboa Peninsula Beach Access Walk Replacements at 12th Street and Island Avenue (Contract No. 3070) 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. 3070 and the terms thereof require the furnishing of a bond for the faithful performance of the Contract; NOW, THEREFORE, we, LGT Enterprises as Principal, and WASHINGTON INTERNATIONAL INSURANCE COMPANY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of *SEE BELOW Dollars ($46 , 768.00), said sum being equal tc. 100% of the estimated amount of the contract, to be paid to the City or its certain attorney. its successors, and assigns; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well keep truly and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby, and in addition to the fact amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, in the event it is required by bringing any action in law or equity to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terns 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 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 individaa!, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. *FORTY SIX THOUSAND SEVEN H1.TNDkrD S'IX)TY EIGHT AND N01100 DOLLARS--- - 5/91 { �._, r\ �i •'O �� E Page 9A IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 12TH day of APRIL , 19 96 LGT Enterprises Name of Contractor (Principal) WASHINGTON INTERNATIONAL INSURANCE Name of Surety 1930 THOREAU DRIVE, #101 SCHAUMBURG, IL 60173 Address of Surety (800)338 -0753 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACKED 5/91 STATE OF _ COUNTY OF On CALIFORNIA KnZ14 " APRIL 12, 1996 PERSONALLY APPEARED before me, personally known to me (or proved to m:' on the basis of satisfactory ev1 ence o 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 sa :.e 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 � 1�j LSD (j IL r( % SS. M. TREDINNIC&, NOTARY PUBLIC MICHAEL A. QUIGLEY OPTIONAL M. TREDI "CK k COWA. 91050Y_3 .. -� NOLIRY i'tia UC . C:L:: ORANGE COUNTY My comm., Expires Mar. 28, 1539 K This area for Official Notarial Seal Thouah the data below is not required by law, it may prove valuable to persons relying on this document and coaid prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER mIE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONIS) OR ENTITY(1ES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 0-081 "` "'1d ALL — PURPOSE ACKNOWLEDGEMENT WASHINGTON INTERNATIONAL INSURANCE COMPANY 0 POWER OF ATTORNEY • KNOW ALL BY THESE PRESENTS: That the Washington International Insurance Comapny, a corporation organized and existing under the laws of the State of Arizona, and having its principal office in the Village of Schaumburg, Illinois does hereby constitute and appoint SHAWN BLUME, JENNIFER JOHNSTON, MICHAEL A. OU/GLEYAND DWIGHT REILLY EACH IN THEIR SEPARATE CAPACITY its true and lawful attorney (s) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required, or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrumentls) in pursuance of these presents, shall be as binding upon the said Washington International Insurance Company as fully and amply, to all intents and purposes, as if the same has been duly executed and acknowledged by its President and its principal office. This Power of Attorney shall be limited in amount to $2,000,000.00 for any single obligation. This Power of Attorney is issued pursuant to authority granted by the resolutions of the Board of Directors adopted March 22, 1978, July 3, 1980 and October 21, 1986 which read, in part, as follows: 1 . The Chairman of the Board, President, Vice President, Assistant Secretary, Treasurer and Secretary may designate Attorneys -in- Fact, and authorize them 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 to appoint Special Attorneys -in -Fact, who are hereby authorized to certify copies of any pcwer -of- attorney issued in pursuant to this section and /or any of the By -Laws of the Company, and to remove, at any time, any such Attorney -in -Fact or Special Attorney -in -Fact and revoke the authority given him. 2. The signatures of the Chairman of the Board, the President, Vice President, Assistant Secretary, Treasurer and Secretary, and the corporate seal of the Company, may be affixed to any Power of Attorney, certificate, bond or undertaking relating thereto, by facsimile. Any such Power of Attorney, certificate bond or undertaking bearing such facsimile signature or facsimile seal affixed in the ordinary course of business shall be valid and binding upon the Company. IN TESTIMONY WHEREOf, „yb�a►EY hington International Insurance Company has caused this instrument to be signed and its corporate seal to be affixed by ��y *.VFer, this 2nd day of November, 1994. ASHINGTON INTERNATIONAL INSURANCE COMPANY z ;CORPORATE': 9 PSEAL -I/c LCu�w�/ /v r�•u 4e♦♦,y� ARIZONA ��a4�� illiam D. Sterrett, Chairman of the Bnard STATE OF ILLINOISEl4( COUNTY OF COOK) On this 2nd day of November, 1994, before me came the individual who executed the preceding instrument, to me personally know, and, being by me duly sworn, said that he is the therein described and authorized officer of the Washington International Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company; IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, the day and year first above written. 1 "OFFICIAL SEAL” CHRISTINE ZARETSKY Ii N-tary Fu, lit, State of Illinois istine Zaretsky, otar Public Il f,�y C, nrr si on Exp :res 10.7.96 ii My Commission E fires ctober 71996 CERTIFrJ6MiE--- STATE OF ILLINOISI COUNTY OF COOK) I, the undersigned, Secretary of WASHINGTON INTERNATIONAL INSURANCE COMPANY, an ARIZONA Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked, and furthermore that Article III, Section 5 of the By -Laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force. Signer: and sealed in the County of Cook. Dated he 12TH day of APRIL 19 96 Lewis M. Moeller, Secretary Adk _ Page 10 °BRTIFICATE OF,.INSURANC ,. :;' Ma 10, 1996 PRODUCER COMPANIES AFFORDING COVERAGE Mahan Insurance Brokers COMPANY p Ranger Insurance Company 8001 Irvine Center Drive #950 LETTER COMPANY Irvine, CA 92718 (714)450 -8500 LETTER INSURED COMPANY L. G. Tootikian C LETTER COMPANY p dba: LGT Enterprises PO Box 3905 LETTER COMPANY E Tustin, CA 92681 -3905 LETTER COVERAGES; .. e .. „:. -- 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. cc TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION DATE ALL LIMITS IN THOUSANDS LTR NUMBER DATE GENERAL LIABILITY (OCCURENCE BASIS ONLY) GENERAL AGGREGATE $ 2,000 to follow 5/10/96 5/10/97 A X COMMERCIAL COMPREHENSIVE PRODUCTS/COMPLETED $ 1 ODO X OPERATIONS AGGREGATE - OWNERS B CONTRACTORS PERSONAL INJURY $ 1,000 PROTECTIVE CONTRACTUAL FOR SPECIFIC CONTRACT X PRODUCTS/COMPLETED OPERATION EACH OCCURENCE $ 1,000 X XCU HAZARDS BROAD FORM PROPERTY DAMAGE SEVERABILITY OF INTEREST CLAUSE FIRE DAMAGE $ 50 (ANYONE FIRE) P. I. WITH EMPLOYEE EXCLUSION MEDICAL EXPENSES $ 5 REMOVED MARINE (ANY ONE PERSON) AUTOMOBILE LIABILITY COMBINED $ e SINGLE LIMIT p ANY AUTO BODILY INJURY $ ALL OWNED AUTOS (PER PERSON) SCHEDULED AUTOS BODILY INJURY $ HIRED AUTOS (PER ACCIDENT) NON -OWNED AUTOS PROPERTY $ GARAGE LIABILITY DAMAGE EXCESS LIABILITY EACH AGGREGATE OCCURENCE UMBRELLA FORM OTHER THAN UMBRELLA FORM $ $ WORKERS' COMPENSATION STAMORY $ EACH ACCIDENT & $ DISEASE - POLICY LIMA. EMPLOYERS' LIABILITY $ DISEASE -EACH EMPLOYEE OTHER DESCRIPTION OF OPERATIONS/L OCATIONSNEHICLE S/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: BALBOA PENINSULA BEACH ACCESS WALK REPLACEMENTS AT 12TH STREET AND ISLAND AVENUE C-3070 PROJECT TITLE AND CONTRACT NUMBER CERTIFICATE HOLDER 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 3300 NEWPORT BOULEVARD NEWPORTBEA BYFIRSTCLASSMpI / NEWPORT BEACH, CALIFORNIA 92658 -8915 /// C ATTENTION: AUTHORIZED REPRBSE# AnVE ISSUE DATE It is agreed that: Page 11 With respect to such insurance as is afforded by the policy for General Liability, the City of Newport Beach, its officers and employees are additional insureds, but only with respect to liability arising out of operations performed by or on behalf of the named insureds in connection with the contract designated below or acts and omissions of the additional insureds in connection with its general supervision of such operations. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage. 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision contained in the written contract designated below, between the named insured and the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU" hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured(s) named in Paragraph 1 of this endorsement shall be the limits indicated below written on an "Occurrence" basis: ki Commercial () Comprehensive General Liability $ 1,000,000 each occurrence $ 2,000,000 aggregate gb'reg The applicable limit of Contractual Liability for the company affording coverage shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insured(s). 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. 5/91 0 Page I IA 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. Designated Contract: Balboa Peninsula Beach Access Walk Replacements at 12th Street and Island Avenue C -3070 Project Title and Contract No. This endorsement is effective 5/10/96 at 12:01 a.m. and forms a part of Policy No. to follow of Ranger Insurance Co (Company Affording Coverage). Insured: L.G. Tootikian dba: Endorsement No.: A LGT Enterprises ISSUING COMPANY By: f Autho zed Representative Kathleen Jones 5/91 0 0 It is agreed that: Page 12 With respect to such insurance as is afforded by the policy for Automobile Liability, the City of Newport Beach, its officers and employees are additional insureds, but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage." 3. The limits of liability under this endorsement for the additional insureds named in Paragraph 1. of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit: 5/91 O Multiple limits Bodily Injury Liability Bodily Injury Liability Property Damage Liability () Combined Single Limit Bodily Injury Liability & Property Damage Liability $ 3 /9 0`�4er person $ c> J� o'er der 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. 0 17J Page 12A 4. Should the policy be non - renewed, canceled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 5. Designated Contract: Balboa Peninsula Beach Access Walk Replacements at 12th Street and Island Avenue C -3070 Project Title and Contract No. This endorsement is effect�� at 12:01 a.m. and forms a part of Policy No. of (Company Affording Coverage). InsuredC ' Endorsement No.: ISSUING COMPANY Authorized R�; tentative 5/91 - CERTIFICATE OF INSURANCE SUCH INSURANCE AS RESPECTS THE��EEREST OF THE CERTIFICATE HOLDER��.LL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DA IOR WRITTEN NOTICE TO THE CERTIFRWE HOLDER NAMED BELOW, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALii66 MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This Certifies that: ® STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of BI=W gton, IlUnois, or Q STATE FARM FIRE AND CASUALTY COMPANY of Bloomir gton, IlUnds has coverage in force for the following Named Insured as shown below: Insured TOOTIKIAN, LEVON DBA L Q T ENTERPRISES Address of Named Insured PO BOX 3905 TUSTIN CA 92681 -3905 POLICY NUMBER NEW NEW 8558 May 10, 1996 EFFECTIVE DATE OF 05/10/96 05/10/96 Name and Address of Certificate Holder DESCRIPTION OF 1993 FORD r r VEHICLE ADDL INSURED LIABILITYCOVERAGE ® YES Q NO ® YES Q NO Q YES Q NO Q YES Q NO LIMITS OF LIABILITY STATE FARM INSURANCE PO BOX 1768 BOCMY Eem wh Person 500,000 500,000 3300 NEWPORT BLVD Each AcckleM 500,000 500,000 (714) 9639863 b. Property Damage CONTRACT C -3070 J L J Ewh Aocklent 500,000 500,000 Q mkt =Prcpgrty Each Acciderd PHYSICAL DAMAGE 0 YES Q NO Q YES Q NO Q YES Q NO Q YES Q NO COVERAGES a Om E 500 Deductible $ Deductibe a Deductible E Deductble ® YES Q NO Q YES Q NO Q YES Q NO Q YES Q NO b. Collision a –5 L.0— Deductible E Deductble a Deductble $ Dedoctble NON-OWYNE SHIP Q YES Q NO [ YES Q NO Q YES Q NO Q YES Q NO COVERAGE HIRED CAR COVERAGE Q YES Q No ® YES Q NO Q YES Q NO Q YES Q NO i\/� Agent 8558 May 10, 1996 Slgnatu uthorized Representative Title Agent's Code Number Date Name and Address of Certificate Holder Name and Address of Agent r r —I ADDL INSURED TONYA Z; 1.14'61JER, AGENT CITY OF NEWPORT BEACH STATE FARM INSURANCE PO BOX 1768 10101 Slater Ave., Suite 105 3300 NEWPORT BLVD Fountain Valley, CA 92708 NEWPORT BEACH CA 92658 (714) 9639863 L CONTRACT C -3070 J L J nrvnrrnwTr unr nrn nnnv Page 13 "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 941-19-04 LGT Enterprises Date Name of Contractor (Principal) C -3070 Contract Number Authorized Signature and Title -M RPM= 5/91 0 i Page 14 THIS AGREEMENT, entered into this day of 19� by and between the CITY OF NEWPORT BEACH, hereinafter "City," and LGT Enterprises hereinafter "Contractor," is made with reference to the following facts: A. City has heretofore advertised for bids for the following described public work: Balboa Peninsula Beach Access Walk Replacements at 12tb Street and Island Avenue C-3070 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, THI?REFORE, the parties hereto agree as follows: Contractor shall furnish all materials and perform all of the work for the construction of the following described public work: Balboa Peninsula Beach Access Walk Replacements at 12th Street and Island Avenue C -3070 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 ofthe contract documents. 2. As full compensation for the performance and completion of this work as prescribed above, City shall pay to Contractor the sum of Forty -Six Thousand Seven Hundred Sixty - Eight Dollars and No Cents Dollars ($ 46,768.00 1, This compensation includes: (a) Any loss or damage arising from the nature of the work, (b) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (c) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 5/91 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 _ 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 vnar iircf aar ;ff n aMva ATTEST: Aa 5/91 CITY OF NEWPORT BEACH A Municipal Corporation By-�D-'t—J - Mayor LGT Enterorises Name of Contractor Authorized Signature and Title