HomeMy WebLinkAboutC-3073 - Corona del Mar Water Main Improvement ProjectCITY OF NEWPORT B• CH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
October 25, 1996
R. F. Paulus, Inc.
2871 E. Coronado St.
Anaheim, CA 92806
(714) 644 -3005
Subject: Surety: Frontier Pacific Insurance Company
Bond No.: 3192 -FP
Contract No.: C -3073
Project: Corona del Mar Water Main Improvement
Project
On September 9, 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
September 18, 1996, Reference No. 19960475328.
Sincerely, p
LaVonne M. Harkless, CMC /AAE
City Clerk
LH:ib
cc: Public Works Department
3300 Newport Boulevard, Newport Beach
RECORDING REQUESTOBY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Recorded in the Cnty of Orange. California
Gary L. Granville, Clerk ;Recorder
No Fee
19960415328 09'53am 09/18/96
005 18001814 18 49
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
R. F. Paulus, Inc. as
Contractor, entered into a Contract on February 12, 1996
Said Contract set forth certain improvements, as follows:
Corona del Mar Water Main Improvement Project, Contract No. 3073
Work on said Contract was completed on July 19, 1996
and was found to be acceptable on September 9, 1996
by the City Council. Title to said property is vested in the
Owner, and the Surety for said Contract is Frontier Pacific
Insurance Com
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run.iic worxs virecuor
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and
correct to the best of my knowledge.
/ M % '
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Executed on n C•ti'r (� at
Newport Beach, California.
BY
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City Clerk �'i "+
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September 9, 1996
CITY COUNCIL AGENDA
ITEM NO. 8
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: NOTICE OF COMPLETION
CORONA DEL MAR WATER MAIN IMPROVEMENT PROJECT
CONTRACT NO. C -3073
RECOMMENDATIONS:
1. Accept the work.
2. Authorize the City Clerk to file a Notice of Completion.
3. Authorize the City Clerk to release the bonds 35 days after the Notice of
Completion has been recorded in accordance with applicable portions of
the Civil Code.
DISCUSSION:
The contract for the construction of the Corona del Mar Water Main
Improvement Project has been completed by R. F. Paulus, Inc. to the
satisfaction of the Public Works Department.
The bid price was $ 292,402.50
Amount of change orders $3,216.00
Additional pavement replacement $37,712.00
Total contract cost $333,330.50
There were four (4) change orders for this project. The first two were for time
extensions only, one was initiated by the City and the other by the contractor.
The third change order requested by the City was to install two fire hydrant
assemblies. The fourth change order was for additional pavement work at the
City's request and for compensation for difficult bedrock conditions that the
contractor encountered.
Funds for the project were budgeted in the following accounts:
Description
Account Number Amount
Corona del Mar Water Main Improvement 7501- C5500287 $313,330.50
Corona del Mar Water Main Improvement 7013- C5500287 $20,000.00
$333,330.50
Corona del Mar Water Main Improvement Project
Notice of Completion C -3073
September 9, 1996
The contractor was R. F. Paulus, Inc. of Anaheim. The scheduled completion •
date was May 13, 1996. Due to the two time extension requests, the new
projected completion date was August 7, 1996. Construction was completed
on July 19, 1996, almost three weeks ahead of the projected completion date.
Staff recommends acceptance of the work.
Respectfully submitted,
PLI WORKS DEPARTMENT
Don Webb, Director
By: Lo-� '
Mioiael J. Sinacori, P.E.
Utilities Engineer
MJS:tam
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BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
February 12, 1996
tt3 I
CITY COUNCIL AGENDA
ITEM NO. 16
TO: MAYOR AND M COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: AWARD OF CONTRACT, CORONA DEL MAR WATER MAIN
IMPROVEMENT PROJECT, CONTRACT NO. C -3073
RECOMMENDATIONS:
1. Approve the plans and specifications for the Corona del
Mar Water Main Improvement Project, Contract No. C-
3073,
2. Find, based on evidence submitted, that the "apparent
low bidder', Kay Construction Company, committed an
error in preparing their bid proposal and approve the
written request from the "apparent low bidder" to rescind
their bid because of the error.
3. Find, based on evidence submitted, that the "second
apparent low bidder ", B. R. Day Construction Company,
also committed an error in preparing their bid proposal
and approve the written request from the "second
apparent low bidder" to rescind their bid because of the
error.
4. Find that R.F. Paulus, Inc. submitted the "lowest
responsible bid" and that they can meet the requirements
for completing the proposed contract work and declare
them the "low bidder ".
5. Award Contract No. C -3073 to R.F. Paulus, Inc. in the
amount of $292,402.50, and authorize the Mayor and the
City Clerk to execute the contract on behalf of the City.
DISCUSSION:
At 2:00 p.m. on January 25, 1996, the City Clerk opened and read
bids for the subject project. A summary of the results is listed below, and an
itemized bid summary is attached as Exhibit "A ":
Rank
Contractor /Bidder
Total Bid Price
low
Kay Construction Co.
$177,526.25
2
B. R. Day Construction Co.
$277,154.50
3
R.F. Paulus, Inc.
$292.402.50
4
Majich Brothers, Inc.
$305,330.00
5
Highland Engineering
$3141775.00
6
BNB Engineering
$316,777.00
The Engineer's Estimate of $353,000 was based on past work completed in the
Corona Del Mar area. The "lowest responsible bidder" was 17% below the
estimate. The plans and specifications for this project were prepared by Daniel
Boyle Engineering, Inc.
APPARENT LOW BIDDER VERSUS THE LOWEST RESPONSIBLE BIDDER
The contracting company who submitted the apparent low bid, Kay
Construction Company of Quail Valley, submitted evidence to the City which
shows they erred in preparing their bid proposal. A review of their bid
calculation sheets revealed an error that, had it not been made, would have
resulted in a bid price that was significantly higher
The contracting company who submitted the second apparent low
bid, B.R. Day Construction Company of Covina, also submitted evidence to the
City which shows they, too, erred in preparing their bid proposal. A review of
their bid calculation sheets revealed an error that, had it not been made, would
have resulted in a bid price that was significantly higher. In addition, S.R. Day
Construction Company also notified the City, prior to their learning they were
the apparent second low bidder, that they had taken on other projects. In
keeping with the provisions of the State Contracting Code related to errors in
bid preparation, the contractor made a written request to rescind the bid
submitted.
Staff believes granting the requests of these companies is both
prudent and appropriate, given the circumstances. Under the law, the City
would not be able to hold the contractors to bid price proposals that were
prepared in error. The contractor who submitted the third lowest bid should be
declared the 'lowest responsible bidder ".
Page 2
Award of Contract
Corona del Mar Water Main Improvement
Project, C -3073
February 12. 1996
7
Steve Casada Construction Co.
$319,700.00
8
W. A. Rasic Construction
$336,528.00
9
Urbantec Engineers
$346,400.00
10
John T. Malloy, Inc.
$347,000.00
11
H. P. L. Mechanical Contractor
$347,270.00
12
Bebek Company
$356,890.00
13
G. R. McKervey, Inc.
$359,101.00
14
Simich Construction Company
$365,390.00
15
Fleming Engineering, Inc.
$378,430.00
16
S. J. Burkhardt, Inc.
$380,962.00
17
Doty Brothers Equipment Co.
$430,765.00
18
Atlas - Allied, Inc.
$467,425.00
19
R & L Sewers, Inc.
$529,425.00
The Engineer's Estimate of $353,000 was based on past work completed in the
Corona Del Mar area. The "lowest responsible bidder" was 17% below the
estimate. The plans and specifications for this project were prepared by Daniel
Boyle Engineering, Inc.
APPARENT LOW BIDDER VERSUS THE LOWEST RESPONSIBLE BIDDER
The contracting company who submitted the apparent low bid, Kay
Construction Company of Quail Valley, submitted evidence to the City which
shows they erred in preparing their bid proposal. A review of their bid
calculation sheets revealed an error that, had it not been made, would have
resulted in a bid price that was significantly higher
The contracting company who submitted the second apparent low
bid, B.R. Day Construction Company of Covina, also submitted evidence to the
City which shows they, too, erred in preparing their bid proposal. A review of
their bid calculation sheets revealed an error that, had it not been made, would
have resulted in a bid price that was significantly higher. In addition, S.R. Day
Construction Company also notified the City, prior to their learning they were
the apparent second low bidder, that they had taken on other projects. In
keeping with the provisions of the State Contracting Code related to errors in
bid preparation, the contractor made a written request to rescind the bid
submitted.
Staff believes granting the requests of these companies is both
prudent and appropriate, given the circumstances. Under the law, the City
would not be able to hold the contractors to bid price proposals that were
prepared in error. The contractor who submitted the third lowest bid should be
declared the 'lowest responsible bidder ".
. . Page 3
Award of Contract
Corona del Mar Water Main Improvement Project. C -3073
February 12, 1996
The lowest responsible bidder, R.F. Paulus, Inc. of Anaheim, is a
qualified Engineering Contractor licensed to do business in California. This
company has successfully completed pipeline projects for other municipalities.
The firm has done work for the Irvine Ranch Water District, County Sanitation
District of Orange County, the County of Orange Environmental Management
Agency, and the City of LaHabra.
R.F. Paulus, Inc.'s insurance policies and bidder's bonds meet the
City's requirements. Staff believes this contractor is more than able to
satisfactorily complete the proposed work.
PROJECT DESCRIPTION:
The water mains included in this project require installation of
3,065 linear feet of 12 -inch PVC water main, including the appropriate fittings,
valves and concrete pavement replacement. These mains are to be installed in
Seaview Avenue and Marguerite Avenue. They will serve as a backup to the 18-
inch Bayside Drive transmission main and will improve water pressure and fire
flow capabilities to the area.
PROJECT COSTS AND SCHEDULE:
The project will be funded from the following account:
7501- C5500287 Corona Del Mar Water Main Improvement $292,402.50
The Contract specifications require the contractor to complete the
water main replacement work within 90 consecutive calendar days.
Respectfully submitted,
(91
PUBLIC WORKS DEPARTMENT
Don Webb, Director
By: 1;11" 10,�
MicAael J. Sinacori, P.E.
(Acting) Utilities Manager
MJS: tam
Attachments: Exhibit "A ": Itemized Bid Summary
Exhibit "B ": Project Location Map
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9
WOCAUON MAP
CORONA DEL MAR WATER MAIN lumovEmEw
CORGI
0\
NOT TO SCALE
DEL
= DENOTES PROJECT AREA
Authorl:ed to Publish Advertisements of all kin
cluding public notices by
Decree of •the Superior court or Orange Coun lifomia. Number A -6214,
September 29, 1961, and A -24831 June 11, 1963.
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) SS.
County of Orange )
I am a Citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to
or interested in the below entitled matter. I
am a principal clerk of the NEWPORT
BEACH -COSTA MESA DAILY PILOT, a
newspaper of general circulation, printed and
published in the City-of Costa Mesa, County
of Orange, State of California, and that
attache is a true and complete copy
as was printed and published on the
following dates:
January 3, 8, 1996
I declare, under penalty of perjury, that the
foregoing is true and correct.
Executed on January 8 1 199 6
at Costa Mesa, California.
Signatu e
L]
PUBLIC NOTICE
NOTICE
INVITING BIDS
Sealed bids may be re-
ceived at the office of the
City Clerk, 3300 Newport,
Boulevard, Post Office Box
1768, Newport Beach, Cali-
fornia 92658 -8915 until 2:00
o'clock p.m. on 25th day of
January, 1996, at which
time such bids shall be
opened and read for: CO-
RONA DEL MAR WATER
MAIN IMPROVEMENT
PROJECT
Contract C +3073
Enqineer's Estimate
ved by the City
this 12th day of
y 1996
no Harklelf. City
rctive bidders may
one set of contract
!nts for at no cost at
ice of the Public
Department, 3300
t Boulevard, Post
Box 1768, Newport
California 9265B-
shed Newport
:osta Mesa Daily
'wary 3, 8, 1996.
W419
0
NOTICE P41TING BIDS
Sealed bids may be received at the office of the City Clerk,
3300 Newport Boulevard, Post Office Box 1768, Newport Beach. California 92658 -8915
until 2:00 o'clock p.m. on 25th day of Tang a , 1996,
at which time such bids shall be opened and read for:
CORONA DEL MAR WkTER MAIN IMPROVEMENT PROTECT
Title of Project
C -3073
Contract No.
000
Engineer's Estimate
F(�,
U�
�1
�n
2
�/- I FO wt;
Approved by the City Council
this 12th day of February, 1996
r
LaVonne Harkless
City Clerk
Prospective bidders may obtain one ,set of contract documents for at no cost
at the office of the Public Forks Department, 3300 Newport Boulevard,
Post Office Box 1768, Newport Beach, California 92658 -8915
For further information, call Michael T. Sinacori at 644 -3011.
Project Manager
T`,' 111.( Inpy
• CITY OF NEWPORT BEAT
PUBLIC WORKS DEPARTMENT
' ' 1 VIM"
CORONA DEL MAR WATER MAIN REPLACEMENT
CONTRACT NO. 3073
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard, P. O. Box 1768
Newport Beach, California 92663 -8915
Gentlemen:
The undersigned declares that he has carefully examined the location of the work, has read the
Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes
to furnish all materials except that material supplied by the City and shall perform all work
required to complete Contract No. 3073 in accord with the Plans and Special Provisions, and will
take in full payment therefore the following unit prices for the work, complete in place, to wit:
ITEM
QUANTITY
ITEM DESCRIPTION AND UNIT
UNIT
TOTAL
NO.
AND UNIT
PRICE WRITTEN IN WORDS
PRICE
PRICE
3,065 L.F. Install 12 -inch PVC water main (C900,
CL 200) with ductile iron fittings and
permanent 8 -inch trench resurfacing.
Forty -Eight Dollars
and
Fifty Cents $ 48.50 $148,652.50
per Linear Foot
2. 16 EA. Install 12 -inch resilient wedge valve.
One Thousand Seven Hundred Dollars
and Fifty and
No Cents $ 1,750.00 $ 28,000.00
per Each
P -la
0 0
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
NO. AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
3. 7 EA. Install 6 -inch resilient wedge valve.
One Thousand Two Hunred Dollars
and Fifty and
No Cents $1,250.00 $ 8,750.00
per Each
4. Lump Sum Pressure test, disinfect and flush water
main.
Six Thousand Dollars
and
No Cents Lump Sum $ 6,000.00
per Lump Sum
5. Lump Sum Provide traffic control plans and
measures.
Two Thousand Five Hundred Dollars
and
No Cents Lump Sum $ 2,500.00
per Lump Sum
6. Lump Sum Excavation safety measures including
adequate sheeting, shoring and
bracing or equivalent method, for the
protection of life and limb, which shall
comply to the applicable safety orders.
Eight Thousand Five Hundred Dollars
and
No Cents Lump Sum $ 8,500.00
per Lump Sum
7. 15,000 S.F. Remove and replace concrete
pavement in accord with the
Specifications, 8- inches thick.
Six Dollars
and
No Cents $ 6.00 $ 90,000.00
per Square Foot
on
0
TOTAL PRICE IN WRITTEN WORDS
Two Hundred
Ninety -Two Thousand Four Hundred and Two Dollars
and
Fiftv Cents
Bidder's Name R. F. PAULUS. INC
0
$ 292,402.50
Total Price
Bidder's Address 2871 E. CORONADO ST., ANAHEIM, CA 92806
Bidder's Telephone Number (714) 632 -3322
Contractor's License No. & Classification 443106 "A" 7/31/97
Expiration Date
1 -25 -96 S /JASON PAULUS, VICE PRESIDENT
Date Authorized Signature & Title
Me
•
INSTRUCTIONS TO BIDDERS
1]
Page 2
The following documents shall be completed, executed and received by the City
Clerk in accord with the "NOTICE INVITING BIDS ".
1.PROPOSAL
2. INSTRUCTIONS TO BIDDERS
3. DESIGNATION OF SUBCONTRACTOR(S)
4. BIDDER'S BOND (sum not less than 10% of total bid price)
5. NON - COLLUSION AFFIDAVIT
6. TECHNICAL ABILITY AND EXPERIENCE REFERENCES
except that cash, certified check or cashier's check (sum not less than 10% of the total bid
price) may be received in lieu of the Bidder's Bond. The title of the project and the
words "SEALED BID" shall be clearly marked on the outside of the envelope containing
the documents.
The City of Newport Beach will not permit a substitute format for the documents
listed above. Bidders are advised to review their content with bonding and legal agents
prior to submission of bid.
BIDDER'S BOND shall be issued by an insurance organization or surety (1)
currently authorized by the Insurance Commissioner to transact business of insurance
in the State of California, and (2) listed as an acceptable surety in the latest revision of
the Federal Register Circular 570.
The estimated quantities indicated in the PROPOSAL are approximate, and are
given solely to allow the comparison of bid totals.
Bids are to be computed upon the estimated quantities indicated in the
PROPOSAL multiplied by unit price submitted by the bidder. In the event of
discrepancy between wording and figures, bid wording shall prevail over bid figures.
In the event of error in the multiplication of estimated quantity by unit price, the correct
multiplication will be computed and the bids will be compared with correctly
multiplied totals. The City shall not be held responsible for bidder errors and omissions
in the PROPOSAL.
The City of Newport Beach reserves the right to reject any or all bids and to
waive any minor irregularity or informailty in such bids. Pursuant to Public Contract
Code Section 22300, at the request and expense of the Contractor, securities shall be
permitted in substition of money withheld by the City to ensure performance under the
contract. The securities shall be deposited in a state or federal chartered bank in
California, as the escrow agent.
In accord with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the contract. A copy of said determination is
available in the office of the City Clerk. All parties to the contract shall be governed by
all provisions of the California Labor Code relating to prevailing wage rates (Sections
1770 -7981 inclusive). The Contractor shall be responsible for insuring compliance with
provisions of Section 1777.5 of the California Labor Code Apprenticeship requirements
and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting
Fair Practices Act."
0
Page 2A
All documents shall bear signatures and titles of persons authorized to sign on
behalf of the bidder. For corporations, the signatures shall be of a corporate officer or
an individual authorized by the corporation. For partnerships, the signatures shall be
of a general partner. For sole ownership, the signature shall be of the owner.
443106 A
Contr's Lic. No. & Classification
1 -25 -96
Date
R. F. PAULUS. INC.
Bidder
S ASON PAULUS, VICE PRESIDENT
Authorized Signature /Title
0
Page 3
DESIGNATION OF SUBCONTRACTOR(S)
State law requires the listing of all subcontractors who will perform work in an
amount in excess of one -half of one percent of the Contractor's total bid. If a
subcontractor is not listed, the Contractor will be responsible for performing that
portion of the work. Substitution of subcontractors shall be made only in accord
with State law and /or the Standard Specifications for Public Works Construction, as
applicable.
The Bidder, by signing this designation certifies that bids from the following
subcontractors have been used in formulating the bid for the project and that these
subcontractors will be used subject to the approval of the Engineer and in accord
with State law. No changes may be made in these subcontractors except with prior
written approval of the City of Newport Beach.
Subcontractor Address Subcontract Work
1. Tohn Jezowski, Inc. 748 Poplar St., Orange Ca 92668 Pavement /Cement
7.
8,
9.
10
11
12
R. F. PAULUS, INC.
Bidder
SITASt PAULUS, VICE PRESIDENT
Authorized Signature /Title
Ll
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS,
0
Page 4
That we, R. F. PAULUS. INC., as bidder, and FRONTIER PACIFIC
INSURANCE COMPANY, as Surety, are held and firmly bound unto the City of
Newport Beach, California, in the sum of TEN PERCENT (10 %) OF AMOUNT BID
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
CORONA DEL MAR WATER MAIN IMPROVEMENT PROJECT C -3073
Title of Project Contract No.
in the City of Newport Beach, is accepted by the City Council of said City, and if the
above bounden bidder shall duly enter into and execute a contract for such
construction and shall execute and deliver to said City the "Payment" and "Faithful
Performance" contract bonds described in the Specifications within ten (10) days (not
including Saturday, Sunday, and Federal holidays) after the date of the mailing of
Notice of Award to the above bounded bidder by and from said City, then this
obligation shall become mull and void; otherwise it shall be forfeited to the said City.
In the event that any bidder above named executed this bond as an
individual, it is agreed that the death of any such bidder shall not exonerate the
Surety from its obligations under this bond.
IN WITNESS WHEREOF, we hereunto set our hands and seals this 24TH day
of JANUARY, 1926.
(Attach acknowledgement of R. F. PAULU/SS,, INC.
Attorney -in -Fact) Bidder��V�
S /KELLY PRYOR S/ AS PAULUS, VICE PRESIDENT
Notary Public #1022890 Authorized Signature /Title
APRIL 10, 1998
Commission Expires
Frontier Pacific Insurance Company
Surety
By: S /WILLIAM R. LAMBERT
Bond No.: 3179 -FP Title: Attorney -in -Fact
Page 5
NON - COLLUSION AFFIDAVIT
The bidder, by its officers and agents or representatives present at the time of filing
this bid, being duly sworn on their oaths, say that neither they nor any of them
have, in any way, directly or indirectly, entered into any arrangement or agreement
with any other bidder, or with any public officer of such CITY OF NEWPORT
BEACH whereby such affiant or affiants or either of them, has paid or is to pay to
such bidder or public officer any sum of money, or has given or is to give to such
other bidder or public officer anything of value whatever; or such affiant or affiants
or either of them has not directly or indirectly, entered into any arrangement or
agreement with any other bidder or bidders, which tends to or does lessen or destroy
free competition in the letting of the contract sought for by the attached bids; that no
bid has been accepted from any subcontractor or materialman through any bid
depository, the bylaws, rules or regulations of which prohibit or prevent the bidder
from considering any bid from any subcontractor or materialman which is not
processed through said bid depository, or which prevent any subcontractor or
materialman from submitting bids to a bidder who does not use the facilities of or
accept bids from or through such bid depository; that no inducement of any form or
character other than that which appears upon the face of the bid will be suggested,
offered, paid or delivered to any person whomsoever to influence the acceptance of
said bid or awarding of the contract; nor has the bidder any agreement or
understanding of any kind whatsoever with any person whomsoever to pay, deliver
to or share with another person in any way or manner, any of the proceeds of the
contracts sought by this bid.
R. F. PAULUS INC.
Bidder/N*PAULL S /JASS. VIC E PRESIDENT
Authorized Signature /Title
Subscribed and sworn to before me
this 25TH day of JANUARY,
1996.
My Commission Expires:
06 -12 -98 S /ANGELINA A. MATERSON
Notary Public #1029541
E
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 Completed For Whom Performed (Detail) Person to Contact Telephone No.
SEE ATTACHED
R. F. PAULUS, INC.
Bidder
S /JASON PAULUS, VICE PRESIDENT
Authorized Signature /Title
` R. F. PAUL USOiNC.
CONSTRUCTION PROJECT REFERENCES
R. F. Paulus, Inc. has entered their 12th year as a merit shop specializing the in installation of water, sewer, and storm drain
lines. During the past eleven years, R. F, Paulus, Inc. has completed over 400 contracts for clients in Los Angeles, Orange,
Riverside, and San Bernadine Counties. Contracts have ranged from a single water service to complete water, sewer, and
storm drain systems for residential, commercial and industrial developments. Field crews are extensively trained and
maintain a safe, accident free, workplace.
R. F Paulus. Inc. is fully insured and bondable to meet your requirements
Project Date Project Awarding Agency Agency's Contract Phone #
Awarded Administrator
Oak Creek Golf Course June 1995 Clayton Engineering Steve Murow (714) 863 -0202
Nestle Distribution
Facility
".,r=ta Town
nment
Centre °i i,� _a nar"
Rancho Monterey
March 1995 J. D. Diffenbaugh
December 1994 Koll Construction Co.
December 1994 Snyder Langston Builders
October 1994 Western National Homes
Glenn Ranch Road
October 1994
Transmission Line
Tustin Ranch -
October 1994
Tr 14168
Branseis -Bardin
September 1994
Institute
Toyota USA
May 1994
Ontario, CA
CostCo
March 1994
Garden Grove, CA
Planting Area l l
March 1994
Aliso Viejo, CA
Anaheim Plaza
February 1994
Anaheim, CA
Konoike Transport
January 1994
Wilmington, CA
'
Target Center
June 1993
Santa Margarita, CA
Jeffrey Rd Water Facility
November 1992
Irvine, CA
West Covina Mall
August 1992
West Covina, CA
Irvine Ranch Water District
California Pacific Homes
Millie- Severson
Snyder Langston
J. D. Diffenbaugh, Inc.
Kathryn G. Thompson
Construction
Collins General Contractors
W. G. Clark Construction Co.
San Juan Group
Irvine Ranch Water District
Whiting- Turner Company
3
Russ North
Mike Zion
Deryl Robinson
Tom Knutson
Tim Tran
Dan O'Donovan
Scott Feest
Mike Sajjadi
Greg Hoizem
Chuck Brannan
John Penny
John Boyd
John Markel
Jim Tran
Keith Parsons
(909) 684 -2820
(310) 594 -5577
(714) 863 -9200
(714) 476 -3031
(714) 453 -5300
(714) 759 -1782
(310) 493 -3611
(714) 863 -9200
(909) 684 -2820
(714) 472 -5873
(619) 481 -7700
(310) 518 -2552
(714) 589 -9455
(714) 453 -5300
(714) 863 -0800
0
Page 7
NOTICE TO SUCCESSFUL BIDDER
The following contract documents shall be executed and delivered to the
Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays)
after the date of mailing the Notice of Award to the successful bidder:
PAYMENT BOND (pages 8 & 9)
FAITHFUL PERFORMANCE BOND (pages 10 & 11)
CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 12,13 &14)
WORKERS' COMPENSATION INSURANCE CERTIFICATION (page 15)
CONTRACT (pages 16 & 17)
The City of Newport Beach will not permit a substitute format for these
contract documents. Bidders are advised to review their content with bonding,
insuring and legal agents prior to submission of bid.
Payment and Faithful Performance Bonds shall be issued by an insurance
organization or surety (1) currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, and (2) listed as an
acceptable surety in the latest revision of the Federal ReZiister Circular 570, and (3)
meeting the Policyholder's Rating and Financial Size Category criteria in the
paragraph below.
Insurance Companies affording coverage and sureties issuing bonds shall be
(1) currently authorized by the Insurance Commissioner to transact business of
insurance in the State of California, and (2) assigned Policyholders' Rating A (or
higher) and Financial Size Category Class VII (or larger) in accord with the latest
edition of Best's Ke Rating Guide: Property- Casualh . Coverages shall be provided
as specified in the Standard Specifications for Public Works Construction, except as
modified by the Special Provisions.
The Worker's Compensation Insurance Certification shall be executed and
delivered to the Engineer along with a Certificate of Insurance for Worker's
Compensation prior to the City's execution of the Contract.
All costs associated with the specifications of these contract documents shall
be absorbed in the bid. Such specifications shall include those contained in (1) each
contract document and (2) the Standard Specifications for Public Works
Construction, except as modified by the Special Provisions.
0 9
Bond # 3192 -FP Pages
Premium Included In Performance Bond
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 FEBRUARY 12TH. 1996 has awarded to R. F. PAULUS. INC.
hereinafter designated as the "Principal ", a contract for CORONA DEL MAR
WATER MAIN AND ALLEYS REPLACEMENT, CONTRACT NO. C -3029 .
in the City of Newport Beach, in strict conformity with the Drawings and
Specifications and other contract documents on file in the office of the City Clerk of
the City of Newport Beach, and all of which are incorporated herein by this
reference;
WHEREAS, said Principal has executed or is about to execute said contract
and the terms thereof require the furnishing of a bond with said contract, providing
that if said Principal or any of his or its subcontractors, shall fail to pay for any
materials, provisions, or other supplies used in, upon, for or about the performance
of the work agreed to be done, or for any work or labor done thereon of any kind,
the Surety on this bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, We R. F. PAULUS. INC. as Principal, Frontier
Pacific Insurance Company as Surety, are held firmly bound unto the
City of Newport Beach, in the Two Hundred Ninety -Two Thousand Four Hundred
and Two and 50/100 Dollars ($ 292.402.50 ), said sum being equal to 100% of the
estimated amount payable by the City of Newport Beach under the terms of the
contract; for which payment well and truly made, we bind ourselves, our heirs,
executors and administrators, successors or assigns, jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above
bounden Principal or his subcontractors, fail to pay for any materials, provisions or
other supplies, used in, upon, for, or about the performance of the work contracted
to be done, or for any other work or labor thereon of any kind or for amounts due
under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code
with resoect to such work and labor, that the Surety or Sureties will pay for the
same, in an amount not to exceeding the sum specified in the bond, and also, in case
suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the Court as
required by the provisions of Section 3250 of the Civil Code of the State of
California.
9
Boud # 3192 -FP
Premium Included In Performance Bond
r
L J
Page 9
The bond shall inure to the benefit of any and all persons, companies and
corporations entitled to file claims under Section 3181 of the California Civil Code
so as to give a right of action to them or their assigns in any suit brought upon this
bond as required by the provisions of Section 3247 et seq. of the Civil Code of the
State of California.
And said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alterations or additions to the terms of the contract or to
the work to be performed thereunder or the specifications accompanying the same
shall in any wise affect its obligations on this bond, and it does hereby waive notice
of any such change, extension of time, alterations or additions to the terms of the
contract or to the work or the specifications.
In the event that any principal above named executed this bond as an
individual, it is agreed that the death of any such principal shall not exonerate the
Surety from its obligations under this bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the 22nd day of February 1996.
R. F. PAULUS, INC. (Seal)
Name of Contractor (Principal)
Jason Pa 1 ice President
�J'
Autho ized Signature and Title
Frontier Pacific Insurance Company ,(Seal)
Name of Surety
6404 Wilshire Blvd., Ste 850, Los Angeles, CA 90048
Address f Surety
llss nn
'
W
William R_ i.pamher Attorney -In -Fart
Signature and Title of Authorized Agent
115 N. E1 Molino Ave., Pasadena, CA 91101
Address of Agent
(818) 795 - 9000
Telephone Number of Agent
Bond it 3192 -FP
Premium $4,386.00
0
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, That
Page 10
WHEREAS, the City Council of the City of Newport Beach, State of California,
by motion adopted FEBRUARY 12TH. 1996 has awarded to R. F. PAULUS. INC.
hereinafter designated as the 'Principal ", a CORONA DEL MAR WATER MAIN
REPLACEMENT (SEAVIEW), CONTRACT NO. C -3073
in the City of Newport Beach, in strict conformity with the Drawings and
Specifications and other contract documents on file in the office of the City Clerk of
the City of Newport Beach, all of which are incorporated herein by this reference;
WHEREAS, said Principal has executed or is about to execute said contract
and the terms thereof require the furnishing of a bond for the faithful performance
of said contract;
NOW, THEREFORE, We, R. F. PAULUS. INC., as Principal and Frontier
Pacific Insurance Company , as Surety, are held and firmly found
unto the City of Newport Beach, in the sum of Two Hundred Ninety -Two
Thousand Four Hundred and Two and 50/100 Dollars ($ 292.402.50).
said sum being equal to 100% of the estimated amount of the contract, to be paid to
said City or its certain attorney, its successors and assigns; for which payment well
and truly made, we bind ourselves, our heirs, executors and administrators,
successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above
bounden Principal, his or its heirs, executors, administrators, successors or assigns,
shall in all things stand to and abide by, and well and truly keep and perform the
covenants, conditions and agreements in said contract and any alteration thereof
made as therein provided on his or their part, to be kept and performed at the time
and in the manner therein specified, and in all respects according to their true
intent and meaning, and shall indemnify and save harmless the City of Newport
Beach, its officers and agents, as therein stipulated, then this obligation shall become
null and void; otherwise it shall remain in full force and virtue.
As a part of the obligation secured hereby, and in addition to the fact amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by the City, in the
event it is required by bringing any action in law or equity to enforce the obligations
of this Bond.
Bond # 3192 -FP
Piemium $4,386.00 Pagell
And said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alterations or additions to the terms of the contract or to
the work to be performed thereunder or to the specifications accompanying the
same shall in any wise affect its obligations on 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.
This Faithful Performance Bond shall be extended and maintained by the
Principal in full force and effeect for six (6) months following the date of formal
acceptance of the Project by the City.
In the event that any principal above named executed this bond as an
individual, it is agreed that the death of any such principal shall not exonerate the
Surety from its obligations under this bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on the 22udlay of RPh,-„a,-y .1996.
R. F. PAULUS, INC. (Seal)
Name of Contractor (Principal)
Jason P 1 ice President ryh
V-0
A orized Signature and Title
Frontier Pacific Insurance Company (Seal)
Name of Surety
6404 Wilshire Blvd., Ste 850. Los Angeles. CA 90048
Address % of Surety
William R. Lambert, Attorney -In -Fact
Signature and Title of Authorized Agent
Q roll Ma ,.
Address of Agent
(818) 795 - 9000
Telephone Number of Agent
ONTIER am=_=_sCirJ
INSURANCE COMPANY
(a California Company)
6404 Wilshire Blvd., Suite 850, Los Angeles, California 90048 -5510
POWER OF ATTORNEY
V1nobt All �Ili oil AIL7 Tlieee prescuts: That FRONTIER PACIFIC INSURANCE COMPANY, a California Corporation. having its principal office
in Los Angeles, California, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 15th day of November, 1991.
"RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys -in-
Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity
and writings obligatory In the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety
business;
"RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney
or to any certificate 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 when so affixed with respect to any bond, undertaking, recognizance or other contract of
indemnity or writing obligatory in the nature thereof;
"RESOLVED, that any such Attorney -i n -Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in
such certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney -in -Fact."
This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution.
DOES HEREBY MAKE, CONSTITUTE AND APPOINT:ENRY F. WRIGHT JOHN P. BROOKS
FWILLIAM R. LAMBERT JERI S. SUMNER
of Pasadena , in the State of California
its true and lawful Attorney(s) - in - Fact with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and
deliver in Its behalf, and as Its act and deed, without power of redelegation, as follows:
Bonds guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the performance of contracts other than
insurance policies; and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed;
IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND ($3,500,000.00) DOLLARS: and to bind FRONTIER PACIFIC
INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of
FRONTIER PACIFIC INSURANCE COMPANY, and all the acts of said Attorney(s) -in -Fact pursuant to the authority herein given are hereby ratified
and confirmed.
74i 311ibieas 311 hereof, FRONTIER PACIFIC INSURANCE COMPANY of Los Angeles, California, has caused this Power of Attorney to be signed by
its Vice President and its Corporate seal to be affixed this 22nd day of February -19 96
FRONTIER PACIFIC INSURANCE COMPANY
�W' JV�Y I50 :9
Ile
2
BY:
STATE OF CALIFORNIA) DAVID E. CAMPBELL, Vice President
COUNTY OF LOS ANGELES)
On February 22, 1996 before me, Pilar M. Landeta, Notary Public, personally appeared David E. Campbell, personally
known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal
�PILAR M. LANDETA
W COMM. #1006226 D
< 0MYCom NOTARY PUBLIC - CALIFORNIA M
U) m
LOS ANGELES COUNTY
m. Expires SEPT. 00, 1997
Notary Public
I, the undersigned. Joseph P. Loughlin, Secretary of FRONTIER PACIFIC INSURANCE COMPANY, clo hereby certify that the original POWER
OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of
the Corporation this 22nd day of February , fg 96.
FM 19- 5002A -FP (4/95)
?av Pvon `. gym;
L Joseph P. Loughlin, Secretary
W- 1NH9- < /95 -SM
CALIFORNIA ALL- PURPOACKNOWLEDGMENT
State of
CALIFORNIA
County of LOS ANGELES
• No. 580]
On 02/22/96 before me, KELLY PRYOR, NOTARY PUBLIC
DATE NAME TITLE OF OFFICER - E.G..'JANE DOE, NOTARY PUSUC'
personally appeared WILLIAM R. LAMBERT
NAME(S) OF SIGNERS)
personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose I-larne(s) is /are
subscribed to the within instrument and ac-
knowledged to me that he /she /they executed
the same in his /her /their authorized
capacity(ies), and that by his /her /their
KELLY PRYOR signature(s) on the instrument the person(s),
COMM. rlozzevo or the entity upon behalf of which the
Notary Public — Colifornio
LOS ANGELES COUNTY person(s) acted, executed the instrument.
My Comm. Expires APR 10, 1998
WITNESS my hand and official seal.
1 L_e - �2�
IGNATUR.E OF NOTAR
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TRLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITV(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION -8236 Remmet A,e.. P.O. Box 7184 -Canoga Park. CA 91309.71 S-
CALIFORNIA A*PURPOSE ACKNOVEDGMENT
' State of California
County of
ORANGE
On Feb 26, 1996 before me, Angelina A. Materon Notary Public
Date Notary
personally appeared Jason Paulus
Name of Sig m(s)
Upersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose
the person(s) whose name(s) istare subscribed to the within instrument and
acknowledged to me that he/ she /they executed the same in his/her /their
_ authorized capacity(ics), 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.
:Egngum of Notary
Mmusl*C data below Y eel rc* tt'dby law. ttmay prove valuable to ptmmla telft on the docura t old could veveR t}auluteat moue mauet of Qua from.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
(3 INDIVIDUAL(S)
❑ CORPORATE OFFICERS)
TITLES(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
0 ATTORNEY -IN -FACT'
❑ TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR .
❑ OTHER
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
CERTIFICATE OF INSURANC
PRODUCER
COMPANIES A ORDING COVERAGE
The Rule Company, Inc.
COMPANY
LETTER The Travelers
P.O. Box 7072
Pasadena, Ca 91109 -7072
COMPANY
E
LETTER The Travelers
INSURED
COMPANY C
LETTER
R.F. Paulus, Inc.
COMPANY
p
P.O. Box 6216
LETTER Zenith Insurance Company
Anaheim, Ca 92816 -0216
COMPANY
LETTER The Travelers
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'.
TRI TYPE OF INSURANCE
POLICY
NUMBER
EFFECTIVE
DATE
EXPIRATION
DATE j
ALL LIMITS IN THOUSANDS
j GENERAL LIABILITY
I
( OCCURENCE BASIS ONLY)
A'
66011OX700912/11/95
5/01/96
GENERAL AGGREGATE 1
S
5,000.
1VI COMMERCIAL
COMPREHENSIVE
PRODUCTS/COMPLETEO
OPERATIONS AGGREGATE
I S
r�
OWNERS & CONTRACTORS
I 2,000.
PROTECTIVE -
( CONTRACTUAL FOR SPECIFIC
PERSONAL INJURY
$
CONTRACT
R X PRODUCTS/COMPLETED OPERATION
IX
EACH OCCURENCE
S
1
XCU HAZARDS I
FI�X,I
'000.
BROAD FORM PROPERTY DAMAGE
j x SEVERABILITY OF INTEREST CLAUSE
rI
FIRE DAMAGE
(ANYONE FIRE)
S 50.
P. I. WITH EMPLOYEE EXCLUSION
MEDICAL EXPENSES
S 5•
—' REMOVED
;_j MARINE
(ANY ONE PERSON)
AUTOMOBILE LIABILITY
B''
81033OK8482
2/11/96
5/01/96
I COMBINED
SINGLE LIMIT
$
1 000.
""'k -�
� _ m
IXi ANY AUTO
r"
BODILY INJURY
S
_ice
ALL OWNED AUTOS
(PER PERSON)
e
SCHEDULED AUTOS
Ij BODILY INJURY
yrt"
HIRED AUTOS
(PER ACCIDENT)
I' NON -OWNED AUTOS
PROPERTY
S
3
r--' GARAGE LIABILITY
I DAMAGE
EXCESS LIABILITY
Ij5T
EACH
OCCURENCE
AGGREGATE
UMBRELLA FORM
`f1sTYm
OTHER THAN UMBRELLA FORM
WORKERS'COMPENSATION
sranlrogv
$ 1,000.
EACH ACCIDENT
D
Z040008101
5/01/95
5/01/96
S
EMPLOYERS'LIABILITY
' 1,000.
L
DISEASE - POLICY LIMIT
S 1,000.
DISEASE -EACH EMPLOYEE
OTHER Automobile
E
1810330K8482,2/11/96
S
ACV. $1,000.00
PhvqjPPI Damage
5/01/96
Comp/Coll Comp/C Deduct.
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, BUTNOTLIMITED TO THE FOLLOWING CONTRACT:
CORONA DEL MAR WATER MAIN REPLACEMENT (SEAVIEW). CONTRACT NO. C -3073
PROJECT TITLE AND CONTRACT NUMBER
CERTIFICATE !.HOLDEW ':CANCELLATION
, - -
CITY OF NEWPORT BEACH
SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE - RENEWED, CANCELLED OR
P.O. BOX 1768
COVERAGE REDUCED BEFORE THE EXPIRATION D THE COMPANY AFFORDING
COVERAGEISHALL PR DE 30 DAYS INIMUM AD ANCE trTICE TO THE CITY OF
3300 NEWPORT BOULEVARD
NEWPO CH Si IL.
NEWPORT BEACH, CALIFORNIA 92658 -8915
ATTENTION:
/ '/ 4/01/96
THO E TIVE "- ISSL/E DATE
E2/08/1996 15:52 714- 632 -5077
CITY OF NEWPORT BEACH, ITS OFFICERS, AGENTS AND EMPLOYEES
ARE NAMED AS ADDITIONAL INSURED.
POLICY NUMBER: As per Certificate /
AUTHORIZED SIGNATURE:
PAGE _-j
9
0
Page 13
CITY OF NEWPORT BEACH
AUTOMOTIVE 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:
[ ] Multiple Limits
Bodily Injury Liability $ 1.000.000 per person
Bodily Injury Liability $ 1.000.000 per accident
Property Damage Liability $ 11000,000
[x ] Combined Single Limit
Bodily Injury Liability $ 1.000.000
and
Property Damage Liability
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.
4. Should the policy be non - renewed, cancelled or coverage reduced before the expiration date
thereof, the Issuing Company shall provide 30 days advance notice to the City of Newport Beach
by registered mail, Attention: Public Works Department.
5. Designated Contract: CORONA DEL MAR WATER MAIN IMPROVEMENT PROJECT C -3073
Project Title Contract No.
This endorsement is effective 4/01/96 at 12:01 A.M. and forms part of
Policy No. 810330K8482 of The Travelers
(Company Affording Coverage)
R.F. Paulus Inc.
Insured Endorsem�t No..
Issuing Company The Rule Company, Inc. By L-
° (A thonzed Representative)
•
• Page 14
CITY OF NEWPORT BEACH
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 rto
other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance
provided by this policy.
2. The policy includes the following provision:
"The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the Lability of the company affording coverage."
3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions
and exclusions applicable to such insurance) includes liability assumed by the named insured under the
indemnification or hold harmless provision contained in the written contract, designated below, between
the named insured and the City of Newport Beach.
4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the
explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU"
hazards) are deleted.
5. The limits of liability under this endorsement for the additional insured(s) named in paragraph I of this
endorsement shall be the limits indicated below written on an "Occurrence" basis:
[x j Commercial[ ] Comprehensive
General Liability $ 1.000.000 each occurrence
$ 1,000.000 aggregate
The applicable limit of the Contractual Liability for the company affording coverage shall be reduced by
any amount paid as damages under this endorsement in behalf of the additional insured(s).
The limits of liability as stated in this endorsement shall not increase the total liability of the company
affording coverage for all damages as the result of any one occurrence in excess of the limits of liability
stated in the policy as applicable to General Liability Insurance.
6. Should the policy be non - renewed, cancelled or coverage reduced before the expiration date thereof, the
Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail,
Attention: Public Works Department
7. Designated Contract: CORONA DEL MAR WATER MAIN IMPROVEMENT PROJECT C -3073
Project Title Contract No.
This endorsement is effective 4/01/96 at 12:01 A.M. and forms part of
Policy No. 660110X7009 of The Travelers
(Company Affording Coverage)
Insured R.F. Paulus, Inc. Endorsement No. . /
Issuing Company The Rule Company, Inc. By
(Authorized Representative)
Page 15
WORKERS' COMPENSATION INSURANCE CERTIFICATION
" I am aware of the provisions of Section 3700 of the Labor Code which requires
every employer to be insured against liability for workers' compensation or to
undertake self - insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the work of
this contract."
3 - L(--ri
Date
R. F. PAULUS, INC.
Name of Contractor (Principal)
A
and Title
CORONA DEL MAR WATER MAIN IMPROVEMENT PROJECT C -3073
Title of Project Contract No.
i •
Page 16
CONTRACT
THIS AGREEMENT, entered into this 12TH day of FEBRUARY. 1996
by and between the CITY OF NEWPORT BEACH, hereinafter "City" and R. F.
PAULUS, INC., hereinafter "Contractor," is made with reference to the following
facts:
(a) City has heretofore advertised for bids for the following described public
work:
CORONA DEL MAR WATER MAIN IMPROVEMENT PROJECT C -3073
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:
CORONA DEL MAR WATER MAIN IMPROVEMENT PROJECT C -3073
Title of Project Contract No.
which project is more fully described in the contract documents. Contractor shall
perform and complete this work in a good and workmanlike manner, and in
accordance with all of the contract documents.
2. As full compensation for the performance and completion of this work
as prescribed above, City shall pay to Contractor the sum Two Hundred Ninety- -Two
Thousand Four Hundred and Two and 50 /100 Dollars ( $ 292,402.50).
This compensation includes (1) any loss or damage arising from the nature of the
work; (2) any loss or damage arising from any unforeseen difficulties or obstructions
in the performance of the work; (3) any expense incurred as a result of any
suspension or discontinuance of the work; but excludes any loss resulting from
earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and
which loss or expense occurs prior to acceptance of the work by City.
3. All of the respective rights and obligations of City and Contractor are
set forth in the contract documents. The contract documents are incorporated
herein by reference as though set out in full and include the following:
(a) Notice Inviting Bids
(b) Instruction to Bidders and documents referenced therein
(c) Payment Bond
(d) Faithful Performance Bond
(e) Certificate of Insurance and Endorsements(s)
(f) Workers' Compensation Insurance Certification
0
Page 17
(f) Plans and Special Provisions CORONA DEL MAR WATER MAIN
IMPROVEMENT PROJECT C -3073
Title of Project Contract No.
(g) This Contract.
4. Contractor shall assume the defense of, pay all expenses of defense and
hold harmless, City and its officers, employees and representatives
from all claims, loss or damage, injury and liability of every kind,
nature and description by reason of or arising out of the negligent or
willful conduct of the Contractor, his /her employees, agents and
subcontractors in the performance of the Project, except such loss or
damage caused solely by the active negligence of the City or its officers,
employees and representatives.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be
executed the day and year first above written.
LaVonne M. Harkless, City Clerk
APPROVED AS TO FORM:
obin Clausen, Assistant City Attorney
CITY OF NEWPORT BEACH
a municipal corporation
John Hedges, Mayor
CONTRACTOR:
R.F. Paulus, Inc.
Name of Contractor (Principal)
(\ Ik Jason Paulus /VP
Auth zed Signature and Title
Authorized Signature and Title
NOTICE INVITING BIDS
Sealed bids may be received at the office of the City Clerk,
3300 Newport Boulevard, Post Office Box 1768, Newport Beach, California 92658 -8915
until 2:00 o'clock p.m. on 25th day of Tanu , 1996,
at which time such bids shall be opened and read for:
CORONA DEL MAR WATER MAIN IMPROVEMENT PROJECT
Title of Project
C-30?3
Contract No.
000
Engineer's Estimate
•
-'z9l //nn��
LaVonne Harkless
City Clerk
Prospective bidders may obtain one set of contract documents for at no cost
at the office of the Public Works Department, 3300 Newport Boulevard,
Post Office Box 1768, Newport Beach, California 92658 -8915
For further information, call Michael 1. Sinacori at 644 -3011.
Project Manager
FILE C. °Y
• CITY OF NEWPORT BEAC?
PUBLIC WORKS DEPARTMENT
PROPOSAL
CORONA DEL MAR WATER MAIN REPLACEMENT
CONTRACT NO. 3073
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard, P. O. Box 1768
Newport Beach, California 92663 -8915
Gentlemen:
The undersigned declares that he has carefully examined the location of the work, has read the
Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes
to furnish all materials except that material supplied by the City and shall perform all work
required to complete Contract No. 3073 in accord with the Plans and Special Provisions, and will
take in full payment therefore the following unit prices for the work, complete in place, to wit:
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
NO. AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
3,065 L.F. Install 12 -inch PVC water main (C900,
CL 200) with ductile iron fittings and
permanent 8 -inch trench resurfacing.
Forty -Eight Dollars
and
Fifty Cents $ 48.50 $148,652.50
per Linear Foot
2. 16 EA. Install 12 -inch resilient wedge valve.
One Thousand Seven Hundred Dollars
and Fifty and
No Cents $ 1,750.00 $ 28,000.00
per Each
P -la
Two Thousand Five Hundred Dollars
and
No Cents Lump Sum $ 2,500.00
per Lump Sum
6. Lump Sum Excavation safety measures including
adequate sheeting, shoring and
bracing or equivalent method, for the
protection of life and limb, which shall
comply to the applicable safety orders.
Eight Thousand Five Hundred Dollars
and
No Cents Lump Sum $ 8,500.00
per Lump Sum
7. 15,000 S.F. Remove and replace concrete
pavement in accord with the
Specifications, 8- inches thick.
Six Dollars
and
No Cents $ 6.00 $ 90,000.00
per Square Foot
P -]b
1
ITEM
QUANTITY
ITEM DESCRIPTION AND UNIT
UNIT
TOTAL
NO.
AND UNIT
PRICE WRITTEN IN WORDS
PRICE
PRICE
3.
7 EA.
Install 6 -inch resilient wedge valve.
One Thousand Two Hunred Dollars
and Fifty and
No Cents
$1,250.00
$ 8,750.00
per Each
4.
Lump Sum
Pressure test, disinfect and flush water
main.
Six Thousand Dollars
and
No Cents
Lump Sum
$ 6,000.00
per Lump Sum
5.
Lump Sum
Provide traffic control plans and
measures.
Two Thousand Five Hundred Dollars
and
No Cents Lump Sum $ 2,500.00
per Lump Sum
6. Lump Sum Excavation safety measures including
adequate sheeting, shoring and
bracing or equivalent method, for the
protection of life and limb, which shall
comply to the applicable safety orders.
Eight Thousand Five Hundred Dollars
and
No Cents Lump Sum $ 8,500.00
per Lump Sum
7. 15,000 S.F. Remove and replace concrete
pavement in accord with the
Specifications, 8- inches thick.
Six Dollars
and
No Cents $ 6.00 $ 90,000.00
per Square Foot
P -]b
TOTAL PRICE IN WRITTEN WORDS
Two Hundred
Ninety -Two Thousand Four Hundred and Two Dollars
and
Fiftv Cents
Bidder's Name R. F. PAULUS. INC
9
$ 292,402.50
Total Price
Bidder's Address 2871 E. CORONADO ST., ANAHEIM, CA 92806
Bidder's Telephone Number (714) 632 -3322
Contractor's License No. & Classification 443106 "A" 7/31/97
Expiration Date
1 -25 -96
Date
S /JASON PAULUS, VICE PRESIDENT
Authorized Signature & Title
P -lc
0 0
Page 2
INSTRUCTIONS TO BIDDERS
The following documents shall be completed, executed and received by the City
Clerk in accord with the "NOTICE INVITING BIDS ".
L PROPOSAL
2. INSTRUCTIONS TO BIDDERS
3. DESIGNATION OF SUBCONTRACTOR(S)
4. BIDDER'S BOND (sum not less than 10% of total bid price)
5. NON - COLLUSION AFFIDAVIT
6. TECHNICAL ABILITY AND EXPERIENCE REFERENCES
except that cash, certified check or cashier's check (sum not less than 10% of the total bid
price) may be received in lieu of the Bidder's Bond. The title of the project and the
words "SEALED BID" shall be clearly marked on the outside of the envelope containing
the documents.
The City of Newport Beach will not permit a substitute format for the documents
listed above. Bidders are advised to review their content with bonding and legal agents
prior to submission of bid.
BIDDER'S BOND shall be issued by an insurance organization or surety (1)
currently authorized by the Insurance Commissioner to transact business of insurance
in the State of California, and (2) listed as an acceptable surety in the latest revision of
the Federal Register Circular 570.
The estimated quantities indicated in the PROPOSAL are approximate, and are
given solely to allow the comparison of bid totals.
Bids are to be computed upon the estimated quantities indicated in the
PROPOSAL multiplied by unit price submitted by the bidder. In the event of
discrepancy between wording and figures, bid wording shall prevail over bid figures.
In the event of error in the multiplication of estimated quantity by unit price, the correct
multiplication will be computed and the bids will be compared with correctly
multiplied totals. The City shall not be held responsible for bidder errors and omissions
in the PROPOSAL.
The City of Newport Beach reserves the right to reject any or all bids and to
waive any minor irregularity or informailty in such bids. Pursuant to Public Contract
Code Section 22300, at the request and expense of the Contractor, securities shall be
permitted in substition of money withheld by the City to ensure performance under the
contract. The securities shall be deposited in a state or federal chartered bank in
California, as the escrow agent.
In accord with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the contract. A copy of said determination is
available in the office of the City Clerk. All parties to the contract shall be governed by
all provisions of the California Labor Code relating to prevailing wage rates (Sections
1770 -7981 inclusive). The Contractor shall be responsible for insuring compliance with
provisions of Section 1777.5 of the California Labor Code Apprenticeship requirements
and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting
Fair Practices Act."
0 9
Page 2A
All documents shall bear signatures and titles of persons authorized to sign on
behalf of the bidder. For corporations, the signatures shall be of a corporate officer or
an individual authorized by the corporation. For partnerships, the signatures shall be
of a general partner. For sole ownership, the signature shall be of the owner.
443106 A
Contr's Lic. No. & Classification
1 -25 -96
Date
R. F. PAULUS, INC.
Bidder
S /iASON PAULUS, VICE PRESIDENT
Authorized Signature /Title
Page 3
DESIGNATION OF SUBCONTRACTOR(S)
State law requires the listing of all subcontractors who will perform work in an
amount in excess of one -half of one percent of the Contractor's total bid. If a
subcontractor is not listed, the Contractor will be responsible for performing that
portion of the work. Substitution of subcontractors shall be made only in accord
with State law and /or the Standard Specifications for Public Works Construction, as
applicable.
The Bidder, by signing this designation certifies that bids from the following
subcontractors have been used in formulating the bid for the project and that these
subcontractors will be used subject to the approval of the Engineer and in accord
with State law. No changes may be made in these subcontractors except with prior
written approval of the City of Newport Beach.
Subcontractor Address Subcontract Work
1. Iohn Jezowski, Inc. 748 Poplar St., Orange Ca 92668 Pavement /Cement
12
7.
8.
9.
10
11
12
R. F. PAULUS, INC.
Bidder
S /JASON PAULUS, VICE PRESIDENT
Authorized Signature /Title
Page 4
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, R. F. PAULUS. INC.. as bidder, and FRONTIER PACIFIC
INSURANCE COMPANY, as Surety, are held and firmly bound unto the City of
Newport Beach, California, in the sum of TEN PERCENT (10 %) OF AMOUNT BID
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
CORONA DEL MAR WATER MAIN IMPROVEMENT PROJECT C -3073
Title of Project Contract No.
in the City of Newport Beach, is accepted by the City Council of said City, and if the
above bounden bidder shall duly enter into and execute a contract for such
construction and shall execute and deliver to said City the "Payment" and "Faithful
Performance" contract bonds described in the Specifications within ten (10) days (not
including Saturday, Sunday, and Federal holidays) after the date of the mailing of
Notice of Award to the above bounded bidder by and from said City, then this
obligation shall become null and void; otherwise it shall be forfeited to the said City.
In the event that any bidder above named executed this bond as an
individual, it is agreed that the death of any such bidder shall not exonerate the
Surety from its obligations under this bond.
IN WITNESS WHEREOF, we hereunto set our hands and seals this 24TH day
of JANUARY, 1996.
(Attach acknowledgement of
Attorney -in -Fact)
S /KELLY PRYOR
Notary Public #1022890
R. F. PAULUS, INC.
Bidder
JASON PAULUS, VICE PRESIDENT
Authorized Signature /Title
APRIL 10, 1998 Frontier Pacific Insurance Company
Comm ssion Expires Surety
By: S /WILLIAM R. LAMBERT
Bond No.: 3179 -FP Title: Attorney -in -Fact
Page 5
NON - COLLUSION AFFIDAVIT
The bidder, by its officers and agents or representatives present at the time of filing
this bid, being duly sworn on their oaths, say that neither they nor any of them
have, in any way, directly or indirectly, entered into any arrangement or agreement
with any other bidder, or with any public officer of such CITY OF NEWPORT
BEACH whereby such affiant or affiants or either of them, has paid or is to pay to
such bidder or public officer any sum of money, or has given or is to give to such
other bidder or public officer anything of value whatever; or such affiant or affiants
or either of them has not directly or indirectly, entered into any arrangement or
agreement with any other bidder or bidders, which tends to or does lessen or destroy
free competition in the letting of the contract sought for by the attached bids; that no
bid has been accepted from any subcontractor or materialman through any bid
depository, the bylaws, rules or regulations of which prohibit or prevent the bidder
from considering any bid from any subcontractor or materialman which is not
processed through said bid depository, or which prevent any subcontractor or
materialman from submitting bids to a bidder who does not use the facilities of or
accept bids from or through such bid depository; that no inducement of any form or
character other than that which appears upon the face of the bid will be suggested,
offered, paid or delivered to any person whomsoever to influence the acceptance of
said bid or awarding of the contract; nor has the bidder any agreement or
understanding of any kind whatsoever with any person whomsoever to pay, deliver
to or share with another person in any way or manner, any of the proceeds of the
contracts sought by this bid.
R. F. PAULUS, INC.
Bidder
S /IASON PAULUS, VICE PRESIDENT
Authorized Signature /Title
Subscribed and sworn to before me
this 25TH day of JANUARY,
1996.
My Commission Expires:
06 -12 -98 S /ANGELINA A. MATERSON
Notary Public #1029541
Page 6
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
The undersigned submits herewith a statement of the work of similar character to
that proposed herein which he has performed and successfully completed.
Year Completed For Whom Performed (Detail) Person to Contact Telephone No
SEE ATTACHED
R. F. PAULUS, INC.
Bidder
SJASON PAULUS, VICE PRESIDENT
Authorized Signature /Title
R F. PA UL US.�'VC.
CONSTRUCTION PROJECT REFERENCES
R. F. Paulus, Inc. has entered their 12th year as a merit shop specializing the in installation of water, sewer, and storm drain
lines. During the past eleven years, R. F. Paulus, Inc. has completed over 400 contracts for clients in Los Angeles, Grange,
Riverside, and San Bernadino Counties. Contracts have ranged from a single water service to complete water, sewer, and
storm drain systems for residential, commercial and industrial developments. Field crews are extensively trained and
maintain a safe, accident free, workplace.
R. F. Paulus, Inc. is fully insured and bondable to meet your requirements
Project Date Project Awarding Agency Agency's Contract Phone #
Awarded Administrator
Oak Creek Golf Course June 1995 Clayton Engineering Steve Murow, (714) 863 -0202
Nestle Distribution March 1995 J. D. Di$enbaugh
Facility
Russ North
(909) 684 -2820
',.rearita Town
December 1994
Koll Construction Co.
Mike Zion
(310) 594 -5577
nrnent
December 1994
Snyder Langston Builders
Deryl Robinson
(714) 863 -9200
Centre °i . _ uaa "
Rancho Monterey
October 1994
Western National Homes
Tom Knutson
(714) 476 -3031
Glenn Ranch Road
October 1994
Irvine Ranch Water District
Jim Tran
(714) 453 -5300
Transmission Line
Tustin Ranch -
October 1994
California Pacific Homes
Dan ODonovan
(714) 759 -1782
Tr 14168
Branseis- Bardin
September 1994
Millie-Severson
Scott Feest
(310) 493 -3611
Institute
Toyota USA
May 1994
Snyder Langston
Mike Sabadi
(714) 863 -9200
Ontario, CA
CostCo
March 1994
J. D. Diffenbaugh, Inc.
Greg Holzem
(909) 6842820
Garden Grove, CA
Planning Area 1 l
March 1994
Kathryn G. Thompson
Chuck Brannan
(714) 472 -5873
Aliso Viejo, CA
Construction
Anaheim Plaza
February 1994
Collins General Contractors
John Penny
(619) 481 -7700
Anaheim, CA
Konoike Transport
January 1994
W, G. Clark Construction Co.
John Boyd
(310) 518 -2552
Wilmington, CA
Target Center
June 1993
San Juan Group
John Markel
(714) 589 -9455
Santa Margarita, CA
Jeffrey Rd Water Facility
November 1992
Irvine Ranch Water District
Jim Tran
(714) 453 -5300
Irvine, CA
West Covina Mall
August 1992
Whiting- Turner Company
Keith Parsons
(714) 863 -0800
West Covina, CA
7
i
0
Page 7
NOTICE TO SUCCESSFUL BIDDER
The following contract documents shall be executed and delivered to the
Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays)
after the date of mailing the Notice of Award to the successful bidder:
PAYMENT BOND (pages 8 & 9)
FAITHFUL PERFORMANCE BOND (pages 10 & 11)
CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 12,13 &14)
WORKERS' COMPENSATION INSURANCE CERTIFICATION (page 15)
CONTRACT (pages 16 & 17)
The City of Newport Beach will not permit a substitute format for these
contract documents. Bidders are advised to review their content with bonding,
insuring and legal agents prior to submission of bid.
Payment and Faithful Performance Bonds shall be issued by an insurance
organization or surety (1) currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, and (2) listed as an
acceptable surety in the latest revision of the Federal ReZiister Circular 570, and (3)
meeting the Policyholder's Rating and Financial Size Category criteria in the
paragraph below.
Insurance Companies affording coverage and sureties issuing bonds shall be
(1) currently authorized by the Insurance Commissioner to transact business of
insurance in the State of California, and (2) assigned Policyholders' Rating A (or
higher) and Financial Size Category Class VII (or larger) in accord with the latest
edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided
as specified in the Standard Speci ications -for Public Works Construction, except as
modified by the Special Provisions.
The Worker's Compensation Insurance Certification shall be executed and
delivered to the Engineer along with a Certificate of Insurance for Worker's
Compensation prior to the City's execution of the Contract.
All costs associated with the specifications of these contract documents shall
be absorbed in the bid. Such specifications shall include those contained in (1) each
contract document and (2) the Standard Specifications for Public Works
Construction. except as modified by the Special Provisions.
Bond Number 3192FP
Page 8
Executed In Triplicate 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 FEBRUARY 12TH, 1996 has awarded to R. F. PAULUS, INC.
hereinafter designated as the "Principal ", a contract for CORONA DEL MAR
WATER MAIN REPLACEMENT (SEAVIEW). CONTRACT NO. C -3073 .
in the City of Newport Beach, in strict conformity with the Drawings and
Specifications and other contract documents on file in the office of the City Clerk of
the City of Newport Beach, and all of which are incorporated herein by this
reference;
WHEREAS, said Principal has executed or is about to execute said contract
and the terms thereof require the furnishing of a bond with said contract, providing
that if said Principal or any of his or its subcontractors, shall fail to pay for any
materials, provisions, or other supplies used in, upon, for or about the performance
of the work agreed to be done, or for any work or labor done thereon of any kind,
the Surety on this bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, We R. F. PAULUS, INC. as Principal, Frontier
Pacific Insurance Company as Surety, are held firmly bound unto the
City of Newport Beach, in the Two Hundred Ninety -Two Thousand Four Hundred
and Two and 50 /100 Dollars ($ 292.402.50 ), said sum being equal to 100% of the
estimated amount payable by the City of Newport Beach under the terms of the
contract; for which payment well and truly made, we bind ourselves, our heirs,
executors and administrators, successors or assigns, jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above
bounden Principal or his subcontractors, fail to pay for any materials, provisions or
other supplies, used in, upon, for, or about the performance of the work contracted
to be done, or for any other work or labor thereon of any kind or for amounts due
under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code
with resoect to such work and labor, that the Surety or Sureties will pay for the
same, in an amount not to exceeding the sum specified in the bond, and also, in case
suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the Court as
required by the provisions of Section 3250 of the Civil Code of the State of
California.
9 0
Page 9
The bond shall inure to the benefit of any and all persons, companies and
corporations entitled to file claims under Section 3181 of the California Civil Code
so as to give a right of action to them or their assigns in any suit brought upon this
bond as required by the provisions of Section 3247 et seq. of the Civil Code of the
State of California.
And said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alterations or additions to the terms of the contract or to
the work to be performed thereunder or the specifications accompanying the same
shall in any wise affect its obligations on this bond, and it does hereby waive notice
of any such change, extension of time, alterations or additions to the terms of the
contract or to the work or the specifications.
In the event that any principal above named executed this bond as an
individual, it is agreed that the death of any such principal shall not exonerate the
Surety from its obligations under this bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the 22nd day of February .1996.
R. F. PAULUS. INC. (Seal)
Name of Contract cipal)
U �?
Authorized Jeijrature and Title
Authorized Signature and Title
Frontier Pacific Insurance Company ,(Seal)
Name of Surety
6404 Wilshire Blvd., Ste 850
Los Angeles, CA 90048
Address of Surety n y(,
N4&6i -- R- 4 fa'
William R T.amhart, Attnrnpy -Tn -Fart
Signature and Title of Authorized Agent
115 N. E1 Molino Ave.
Pasadena, CA 91101
Address of Agent
818 -795 -9000
Telephone Number of Agent
Bond Number 3192FP • • Page 10
Executed In Triplicate
Premium $4,386.00 FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT
WHEREAS, the City Council of the City of Newport Beach, State of California,
by motion adopted FEBRUARY 12TH. 1996 has awarded to R. F. PAULUS. INC,
hereinafter designated as the 'Principal ", a CORONA DEL MAR WATER MAIN
REPLACEMENT (SEAVIEW). CONTRACT NO. C -3073
in the City of Newport Beach, in strict conformity with the Drawings and
Specifications and other contract documents on file in the office of the City Clerk of
the City of Newport Beach, all of which are incorporated herein by this reference;
WHEREAS, said Principal has executed or is about to execute said contract
and the terms thereof require the furnishing of a bond for the faithful performance
of said contract;
NOW, THEREFORE, We, R. F. PAULUS. INC. as Principal and Frontier
Pacific Insurance Company , as Surety, are held and firmly found
unto the City of Newport Beach, in the sum of Two Hundred Ninety- -Two
Thousand Four Hundred and Two and 50/100 Dollars ($ 292.402.50).
said sum being equal to 100% of the estimated amount of the contract, to be paid to
said City or its certain attorney, its successors and assigns; for which payment well
and truly made, we bind ourselves, our heirs, executors and administrators,
successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above
bounden Principal, his or its heirs, executors, administrators, successors or assigns,
shall in all things stand to and abide by, and well and truly keep and perform the
covenants, conditions and agreements in said contract and any alteration thereof
made as therein provided on his or their part, to be kept and performed at the time
and in the manner therein specified, and in all respects according to their true
intent and meaning, and shall indemnify and save harmless the City of Newport
Beach, its officers and agents, as therein stipulated, then this obligation shall become
null and void; otherwise it shall remain in full force and virtue.
As a part of the obligation secured hereby, and in addition to the fact amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by the City, in the
event it is required by bringing any action in law or equity to enforce the obligations
of this Bond.
0 0
Page 11
And said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alterations or additions to the terms of the contract or to
the work to be performed thereunder or to the specifications accompanying the
same shall in any wise affect its obligations on 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.
This Faithful Performance Bond shall be extended and maintained by the
Principal in full force and effeect for six (6) months following the date of formal
acceptance of the Project by the City.
In the event that any principal above named executed this bond as an
individual, it is agreed that the death of any such principal shall not exonerate the
Surety from its obligations under this bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the
Principal and Surety above named, on the 22rday of February . 1996.
R. F. PAULUS, INC. (Seal)
Name of Contract ipal)
Authorize ignature and Title
Authorized Signature and Title
Frontier Pacific Insurance Company ,(Seal)
Name of Suret
6404 Wilshire Blvd., Ste 850
Los Angeles, CA 90048
Address
" / of Surety 4J r--
William R. Lambert, Attorney -In -Fact
Signature and Title of Authorized Agent
115 N. E1 Molino Ave
Pasadena, CA 91101
Address of Agent
818 - 795 -9000
Telephone Number of Agent
ONTIER
_ = �_p_!
INSURANCE COMPANY
(a California Company)
6404 Wilshire Blvd., Suite 850, Los Angeles, California 90048 -5510
POWER OF ATTORNEY
Mucilm All Men 3OU111ree presrnte: That FRONTIER PACIFIC INSURANCE COMPANY, a California Corporation, having its principal office
in Los Angeles, California, pursuant to the following resolution, adopted by the Board of Directors of the Corporation on the 15th day of November, 1991.
"RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys -in-
Fact to represent and act for and on behalf of the Compa ny to execute bonds, undertakings, recog nizances and other contracts of indemnity
and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety
business;
"RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney
or to any certificate 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 when so affixed with respectto any bond, undertaking, recognizance orother contractof
indemnity or writing obligatory in the nature thereof;
"RESOLVED, that any such Attorney - in -Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in
such certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney - in- Fact."
This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution.
DOES HEREBY MAKE, CONSTITUTE AND APPOINT: HENRY F. WRIGHT JOHN P. BROOKS
WILLIAM R. LAMBERT MARGARETA T. HIERL
of PASADENA , in the State of CALIFORNIA
its true and lawful Attorney(s) - in -Fact with full power and authority hereby conferred in its name, place and stead to sign, execute, acknowledge and
deliver in its behalf, and as its act and deed, without power of redelegation, as follows:
Bonds guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the performance of contracts other than
insurance policies; and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed;
IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND ($3,500,000.00) DOLLARS, and to bind FRONTIER PACIFIC
INSURANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of
FRONTIER PACIFIC INSURANCE COMPANY, and all the acts of said Attorney(s) -in -Fact pursuant to the authority herein given are hereby ratified
and confirmed.
tt Witnew 311hrreaf, FRONTIER PACIFIC INSURANCE COMPANY of Los Angeles, California, has causedthis Power of Attorney to be signed by
its Vice President and its Corporate seal to be affixed this 12"61 day of Fob PHW^y 1996
FRONTIER PACIFIC INSURANCE COMPANY
Ly
9
BY:
STATE OF CALIFORNIA)
`'•..,, DAVID E. CAMPBELL, Vice President
COUNTY OF LOS ANGELES)
On reb rkarrvr !! i 996 before me, Pilar M. Landeta, Notary Public, personally appeared David E. Campbell, personally
known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal
w , PILAR M. LANDETA
w COMM. #1006226 D
< NOTARY PUBLIC - CAUFORNIA Ti
00 Ti
LOS ANGELES COUNTY
My Comm. Expires SEPT 30, 1997
Notary Public
I, the undersigned, Joseph P. Loughlin, Secretary of FRONTIER PACIFIC INSURANCE COMPANY, do hereby certify that the original POWER
OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of
Z Z N d
the Corporation this day of FrbV tot iq , 19 9,
/
FM 19- 5002A -FP (4/95)
IULI r
L Joseph P. Loughlin, Secretary
W- 1(699- 4195 -5M
r
1�.
ALL PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On 9/ ,29/96 before me, Maroareta T. Hierl. Notary Public
Date Nam, The of Officer-e.g. 'Jane Doe, Notary Pubic"
personally appeared William R Lambert
Name(s) of Signer(s)
[ X] personally known to me - OR - [
y
SETA T. HIERL
in, 103
- !C'C.'.IIr0RNIA
COUNTY
proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) istare 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/herttheir signature(s) on the instrument the person(s), or the
entity on behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal,
MY C °t1 "115`'C° EXPIRE 98
signature of Notary
OPTIONAL
Though the information requested 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(s)
[ ] Corporate Officer(s)
Title(s)
[ ] Partners) [ ] Limited
[ ] General
[X] Attomey -in -Fact
[ ] Trustee(s)
[ ] Guardian/Conservator
[ ] Other.
SIGNER IS REPRESENTING:
Name of persons or entity(ies)
DESCRIPTION OF ATTACHED
DOCUMENT
Title or Type of Document
Number of Pages
Date of Document
Signer(s) Other than Named Above
CERTIFICATE OF R4SVIO&Cla
PRODUCER I COMPANIES AFFORDING COVERAGE
The Rule Company, Inc.
COMPA
P.O. Box 7072 LETTER Y A
LETTER The Travelers
Pasadena, Ca 91109 -7072 COMPANY B
LETTER The Travelers
INSURED
COMPANY C
LETTER
R.F. Paulus, Inc.
COMPANY
D
P.O. Box 6216
LETTER Zenith Insurance Company
Anaheim, Ca 92816 -0216
COMPANY E
LETTER The Travelers
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
.T.R
TYPE OF INSURANCE
POLICY
NUMBER
EFFECTIVE
DATE
EXPIRATION
DATE
ALL LIMITS IN THOUSANDS
GENERAL LIABILITY
A
(OCCURENCE BASIS ONLY)
660110X7009
2/11/95
5/01/96
GENERAL AGGREGATE
$
5,000.
g COMMERCIAL
COMPREHENSIVE
PRODUCTS /COMPLETED
$
xj
OPERATIONS AGGREGATE
2 000
X OWNERS & CONTRACTORS
PROTECTIVE
CONTRACTUAL FOR SPECIFIC
PERSONAL INJURY
$
CONTRACT
X PRODUCTS/COMPLETED OPERATION
EACH OCCURENCE
$
1,000.
X %CU HAZARDS
X BROAD FORM PROPERTY DAMAGE
X SEVERABILITV OF INTEREST CLAUSE
FIRE DAMAGE
(ANYONE FIRE)
$
rj0 ,
P. I. WITH EMPLOYEE E %CLUSION
MEDICAL EXPENSES
$ S
REMOVED
MARINE
(ANY ONE PERSON)
B
AUTOMOBILE LIABILITY
810330K8482
2/11/96
5/01/96
Ms
S NGLE LEI
$
-;
X ANY AUTO
q � '
ALL OWNED AUTOS
BODILY
PER PERSON)
$
a '^
I SCHEDULED AUTOS
�. c
X. HIRED AUTOS
BODILY INJURY
(PER ACCIDENT)
NON-OWNED AUTOS
PROPERTY
GARAGE LIABILITY
DAMAGE
EXCESS LIABILITY
EACH
AGGREGATE
OCCURENCE
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
$
$
WORKERS' COMPENSATION
STATUTORY
$ 1,000.
EACH ACCIDENT
&
D
Z040008101
5/01/95
5/01/96
EMPLOYERS'LIABILITY
$ 1,000.
DISEASE - POLICY LIMIT
$ 1,000.
DISEASE -EACH EMPLOYEE
OTHER Automobile
ACV. $1,000.00
S
Physical Dampgp
81033OK8482
2/11/96
5/01/96
$
Comp/Coll Deduct,
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:
CORONA DEL MAR WATER MAIN REPLACEMENT (SEAVIEW), CONTRACT NO. C -3073
PROJECT TITLE AND CONTRACT NUMBER
+CERTIFICATE HOLDER., - : ":'- '; -
CANCELLATION
CITY OF NEWPORT BEACH
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON - RENEWED, CANCELLED OR
P.O. BOX 1768
COVERAGE REDUCED BEFORE THE EXPIRATION DATE T_u PAN' AFFORDING
COVERAGE SHALL PROVIDE 30 DAYS MIN MUM ADV NOTI E TO THE CITY OF
330() NEWPORT BOULEVARD
NEWPORT BEAC IR TC 'SSM IL
NEWPORT BEACH, CALIFORNIA 92658 -8915
ATTENTION:
.O1 / 96
All ORI D ENTATIVE ISSUE DATE
0 0
CITY OF NEWPORT BEACH
AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT
It is agreed that:
Page 13
With respect to such insurance as is afforded by the policy for Automobile Liability, the City of
Newport Beach, its officers and employees are additional insureds, but only with respect to
liability for damages arising out of the ownership, maintenance or use of automobiles (or autos)
used by or on behalf of the named insured in connection with the contract designated below. The
insurance extended by this endorsement to said additional insured does not apply to bodily injury or
property damage arising out of automobiles (1) owned by or registered in the name of an additional
insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured.
The insurance afforded said additional insured(s) shall apply as primary insurance and no other
insurance maintained by the City of Newport Beach shall be called upon to contribute with
insurance provided by this policy.
2. The policy includes the following provision:
"The insurance afforded by the policy applies separately to each insured who is seeking
coverage or against whom a claim is made or suit is brought, except with respect to the limits of
liability of the company affording coverage."
3. The limits of liability under this endorsement for the additional insureds named in Paragraph 1. of
this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit:
[ ] Multiple Limits
Bodily Injury Liability $ 1.000.000 per person
Bodily Injury Liability $ 1.000.000 per accident
Property Damage Liability $ 1,000.000
[x ] Combined Single Limit
Bodily Injury Liability $ 1.000,000
and
Property Damage Liability
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.
Should the policy be non - renewed, cancelled or coverage reduced before the expiration date
thereof, the Issuing Company shall provide 30 days advance notice to the City of Newport Beach
by registered mail, Attention: Public Works Department.
5. Designated Contract: CORONA DEL MAR WATER MAIN IMPROVEMENT PROJECT C -3073
Project Title Contract No.
This endorsement is effective 4/01/96 at 12:01 A.M. and forms part of
Policy No. 810330K8482 of The Travelers
(Company Affording Coverage)
Insured R.F. Paulus, Inc. Endorsemen No.
Issuing Company The Rule Company,Inc. By c--'C-
(Authorized Representative)
•
0 Page 14
CITY OF NEWPORT BEACH
GENERAL LIABILITY INSURANCE ENDORSEMENT
It is agreed that:
With respect to such insurance as is afforded by the policy for General Liability, the City of Newport
Beach, its officers and employees are additional insureds but only with respect to liability arising out of
operations performed by or on behalf of the named insureds in connection with the contract designated
below or acts and omissions of the additional insureds in connection with its general supervision of such
operations. The insurance afforded said additional insured(s) shall apply as primary insurance and no
other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance
provided by this policy.
2. The policy includes the following provision:
'The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the liability of the company affording coverage."
3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions
and exclusions applicable to such insurance) includes liability assumed by the named insured under the
indemnification or hold harmless provision contained in the written contract, designated below, between
the named insured and the City of Newport Beach.
4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the
explosion hazard, collapse hazard and underground property hazard (commonly referred to as " XCU"
hazards) are deleted.
5. The limits of liability under this endorsement for the additional insured(s) named in paragraph I of this
endorsement shall be the limits indicated below written on an "Occurrence" basis:
[x] Commercial[ ] Comprehensive
General Liability $ 1.000.000 each occurrence
$ 1.000.000 aggregate
The applicable limit of the Contractual Liability for the company affording coverage shall be reduced by
any amount paid as damages under this endorsement in behalf of the additional insured(s).
The limits of liability as stated in this endorsement shall not increase the total liability of the company
affording coverage for all damages as the result of any one occurrence in excess of the limits of liability
stated in the policy as applicable to General Liability Insurance.
6. Should the policy be non - renewed, cancelled or coverage reduced before the expiration date thereof, the
Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail,
Attention: Public Works Department
7. Designated Contract: CORONA DEL MAR WATER MAIN IMPROVEMENT PROJECT C -3073
Project Title Contract No.
This endorsement is effective 4/01/96 at 12:01 A.M. and forms part of
Policy No. 660110X7009 of The Travelers
(Company Affording Coverage)
Insured R.F. Paulus, Inc. Endorsement No.
Issuing Company The Rule Company, Inc. B4 C
(Atfilio&ed Representative)
0
Page 15
WORKERS' COMPENSATION INSURANCE CERTIFICATION
" I am aware of the provisions of Section 3700 of the Labor Code which requires
every employer to be insured against liability for workers' compensation or to
undertake self- insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the work of
this contract."
Date
R. F. PAULUS, INC.
Name of Contractor (Principal)
r_141)v V I P
Author z Signature and Title
CORONA DEL MAR WATER MAIN IMPROVEMENT PROJECT C -3073
Title of Project Contract No.
CONTRACT
0
Page 16
THIS AGREEMENT, entered into this 12TH day of FEBRUARY, 1996
by and between the CITY OF NEWPORT BEACH, hereinafter "City" and R. F.
PAULUS, INC., hereinafter "Contractor;' is made with reference to the following
facts:
(a) City has heretofore advertised for bids for the following described public
work:
CORONA DEL MAR WATER MAIN IMPROVEMENT PROJECT C -3073
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:
CORONA DEL MAR WATER MAIN IMPROVEMENT PROJECT C -3073
Title of Project Contract No.
which project is more fully described in the contract documents. Contractor shall
perform and complete this work in a good and workmanlike manner, and in
accordance with all of the contract documents.
2. As full compensation for the performance and completion of this work
as prescribed above, City shall pay to Contractor the sum Two Hundred Nine , -Two
Thousand Four Hundred and Two and 50 /100 Dollars ( $ 292.402.50 ).
This compensation includes (1) any loss or damage arising from the nature of the
work; (2) any loss or damage arising from any unforeseen difficulties or obstructions
in the performance of the work; (3) any expense incurred as a result of any
suspension or discontinuance of the work; but excludes any loss resulting from
earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and
which loss or expense occurs prior to acceptance of the work by City.
3. All of the respective rights and obligations of City and Contractor are
set forth in the contract documents. The contract documents are incorporated
herein by reference as though set out in full and include the following:
(a) Notice Inviting Bids
(b) Instruction to Bidders and documents referenced therein
(c) Payment Bond
(d) Faithful Performance Bond
(e) Certificate of Insurance and Endorsements(s)
(f) Workers' Compensation Insurance Certification
h
• • Page 17
(f) Plans and Special Provisions CORONA DEL MAR WATER MAIN
IMPROVEMENT PROJECT C -3073
Title of Project Contract No.
(g) This Contract.
4. Contractor shall assume the defense of, pay all expenses of defense and
hold harmless, City and its officers, employees and representatives
from all claims, loss or damage, injury and liability of every kind,
nature and description by reason of or arising out of the negligent or
willful conduct of the Contractor, his /her employees, agents and
subcontractors in the performance of the Project, except such loss or
damage caused solely by the active negligence of the City or its officers,
employees and representatives.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be
executed the day and year first above written.
ATTEST:
coa
M. Harkless, City Clerk
APPROVED A O FORM:
Robin Clausen, Assistant City Attorney
CITY OF NEWPORT BEACH
a municipal corporation
-uj
John Hedges, Mayor
CONTRACTOR:
R.F. Paulus, Inc.
Name of Contractor (Principal)
rM. Jason Paulus VP
Auth zed Signature and Title
Authorized Signature and Title