HomeMy WebLinkAboutC-3094(A) - Little Corona Beach, Buck Gully Access Ramp Emergency Repairs0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
December 14,1998
Wakeham -Baker Inc.
3152 E. La Palma Avenue, Suite I
Anaheim, CA 92806
Subject: Contract No. 3094 -A - Buck Gully Access Ramp Emergency
Repair
On October 26, 1998, 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 of Completion was recorded by the Orange County Recorder on
November 9, 1998 - Reference No. 19980760250. The Surety for the contract is
Amwest Surety Insurance Company and the bond number is 1363606.
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
LH:li
cc: Public Works Department
Horst Hla- ,vaty, Construction Engineer
encl.
3300 Newport Boulevard, Newport Beach
0
PAGE
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BUCK GULLY ACCESS RAMP EMERGENCY REPAIR
CONTRACT NO. 3084 -A
BIDDER'S BOND
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be jointly and severally held and firmly bound to the City of
Newport Beach, a charter city, in the principal sum of TEN PERCENT OF AMT. BID dollars
($ 107 OF B3Dto be paid and forfeited to the City of Newport Beach if the bid proposal of the
undersigned Principal for the construction of Buck Gully Access Ramp Emergency Repair,
Contract No. 3094 -A in the City of Newport Beach, is accepted by the City Council of the City of
Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to
duly enter into and execute the Contract Documents for the construction of the project in the
form required within ten days (10) (not including Saturday, Sunday, and federal holidays) after
the date of the mailing of Notice of Award; otherwise this obligation shall become null and void.
If the undersigned Principal executing this Bond is executing 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.
Witness our hands this 4th day of JUNE 19 98
WAKEHAM- BAKER, INC. f �'
Name of Contractor (Principal) Authorized Signature/Tdle
AMWEST SURETY INSURANCE COMPANY
Name of Surety
330 N. BRAND BLVD., STE 550
Address of Surety GLENDLAE, CA 91203
(818) 246 -5353
Telephone
Authorized Agent Signature
SUSAN C. MONTEON ATTORNEY -IN -FACT
Print Name and Title
(Notary acknowledgment of Principal S Surety must be attached)
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
On 1198 before me, _
PERSONALLY APPEARED
SUSAN C. MONTEON
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s)
is /are subscribed to the within instrument and acknowl-
edged to me that he /she /they executed the same in his/
her /their authorized capacity(ies), and that by his /her/
their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
Signature h
(�1
I SS.
ROSEMARY STANDLEY
OPTIONAL
^, ROSEhS.4RY STANDLEY
at' ` CO ?1,1.1. £1G204v
cti R7111
1/ DF COUNTY
This area for Official Notarial Sea!
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
nTLecS,
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
ALL - PURPOSE ACKNOWLEDGEMENT
EXPIRATION DATE J—Vo—•7.7 POWER NUMBER
READ CAREFULLY
This document is printed on white paper containing the artificial watermarked logo (A ) of Amwest Surety Insurance Company (the "Company ") on the front
and brown security paper on the back. Only unaltered originals of the POA are valid. This POA may not be used in conjunction with any other POA. No
representations or warranties regarding this POA may be made by any person. This POA is governed ley the laws of the Spate of California and is only valid until
the expiration date. The Company shall not be liable on any limited POA which is fraudulently produced, forged or otherwise distributed without the permission
of the Company. Any parry concerned about the validity of this POA or an accompanying Company bond should call your local Amwest branch office at
(818) 346-5353
constitute and appoint:
SHAWN BLUME
MICHAEL D. STONG
SUSAN C. MONTEON
ROSEMARY STANDLEY
AS EMPLOYEES OF STONG INSURANCE SERVICES, INC.
its we and lawful Attorney -in- fact, with limited power and authority for and on behalf of the Company sup ,to Fxecutc 'eb at7x the seal of the company
thereto if seal is required on bonds, undertakings, recognizances, reinsurance agreement f o r a Miller Ac o r perfo be or other written obligations in
the nature thereof as follow: O
Bid Bonds up to $"1,000,000.00
Contract (Performance & Payment), Court, Subdivision $`•5,000,000.00 � 'I% C
License &Permit Bonds up to $• `• `250,000.00 . \` \l►�
Miscellaneous Bonds up to $••••250,000.00 � Al
and to bind the company thereby. This appointment is made under and by aut \ e By -La e mpgnNxch are nos in full force and effect.
1. the undersigned secretary of Amwest Surety Insurance Company, a Ne corporation BY R��TIFY that this Power of Attorney remains in full
force and effect and has not been revoked and furthermore, that the re "ons (the Board o fo on this Power of Attorney, and that the relevant
pronsions of the By -laws of the Company. are now in full force an t.
l
Bond No Signed 8 sealed Xyauthorrity o ` /
Karen G. Cohen, Secretary
• r ! ♦ ♦ • • ! ♦ ♦ • OS T O DIRECTORS ♦ ♦ ♦ • # • !
This POA is signed and sealed by facsimile under o t owi ts�[e utions adopted by the Board of Directors of Amwest Surety Insurance
C'ompanv at a meeting duly held on December 1975: YY�'
RESOLVED, that the President or any a "eat, in n)on i wi•`,'r'�'''�Secretary or anv Assistant Secretary, may appoint attomeys -in -fact or agents wnh
amhority as defined or limited in the ins me yr encin poi [mend .AacF case, for and on behalf of the Company, to execute and deliver and affix the seal
or the Company to bonds, undertaking , nces, s rp obligalf ns of all kinds; and said officers may remove anv such attomey4n -fact or agent and
re•oke anv POA previously grante rson. �/'�)
RESOLVED FURTHER, that an nd, unde gni ce y'suretyship obligation shall be valid and bind upon the Company:
lit when signed by the President o a '� Vi rest and and sealed (ifa seal be required) by any Secretary or Assistant Secretary; or
(ii) when signed by the President or a*pany dent r or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly
authorized attorney -in -fact or age
(iii) when dul } executed and sealed (if requir one or more attorneys- in -fact or agents pursuant to and within the limiu of the authority evidenced
by the power of attorney issue to such person or persons.
RESOLVED FURTHER, that the si ny authorized officer and the seal of the Compam may be affixed by facsimile to any POA or certification
:hereof authorizing the execution end deli eery of any bond, undertaking, recognizance, or other suren'ship obligations of the Company; and such signature and seal
when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, Amwest Surety Insurance Company has caused these presents to be signed be its proper officers, and its corporate seal to be hereunto
affixed this 14th day of December, 1995.
le John E Savage. Pre dent
Karen G. Cohen, Secretary
State of Califomia
County of Los Angeles
On December 14, 1995 before me, Peggy B. Lofton Notary Public, personally appeared John
E. Savage and Karen G. Cohen, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is /are subscribed
to the within instrument and acknowledged to me all that
he'she /the, executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) n [ in m en he er n , o he nt • u on eh
n' which the person(s) acted, executed the instrument
�NSU, WITNESS hand and official seal.
PEGOY LUNION
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— Cal1110mb
O?•POggT.2�= Signature
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Seal Nakoy
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to DEC. 14, 0 i
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JAug61999
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F—'.. 1995
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0 0
BOND NUMBER 1363606
EXECUTED IN FOUR COUNTERPARTS PAGE15
PREMIUM: INCLUDED IN CITY OF NEWPORT BEACH
PERFORMANCE BOND PUBLIC WORKS DEPARTMENT
BUCK GULLY ACCESS RAMP EMERGENCY REPAIR
CONTRACT NO. 3094 -A
BOND NO. 1363606
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, has awarded to Wakeham - Baker, Inc., hereinafter designated as the "Principal," a
contract for construction of Buck Gully Access Ramp Emergency Repair, Contract No. 3094 -A in
the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other
Contract Documents in the office of the Public Works Department of the City of Newport Beach,
all of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute Contract No. 3094 -A and the
terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's
subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon,
for, or about the performance of the work agreed to be done, or for any work or labor done
thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, We the undersigned Principal, and,
duly authorized to transact business under the laws of the State of California, as Surety, (referred
to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of forty
eight thousand one hundred fifty and no/100 Dollars ($48,150.00), lawful money of the United
States of America, 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 to be made, we
bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and
severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's
subcontractors, fail to pay for any materials, provisions, or other supplies, implements or
machinery used in, upon, for, or about the performance of the work contracted to be done, or for
any other work or labor thereon of any kind, or for amounts due under the Unemployment
Insurance Code with respect to such work or labor, or for any amounts required to be deducted,
withheld and paid over to the Employment Development Department from the wages of
employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment
Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an
amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce
the obligations of this 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.
STATE OF _
COUNTY OF
CALIFORNIA
RIVERSIDE
On JUN 29 1998 , before me,
PERSONALLY APPEARED
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s)
is /are subscribed to the within instrument and acknowl-
edged to me that he /she /they executed the same in his/
her /their authorized capacity(ies), and that by his /her/
their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
r
Signature�tl
J
SS.
ROSEMARY STANDLEY
SHAWN BLUME
OPTIONAL
ROSEMARY STANDLEY
v �'. MM.M. i 108062
NOTARY PUBIC "CALIFORNIA r9Ji
¢ti
RIVERSIDE COUNT
All Comm. E*rea June 7, 2000
This area for Official Notarial Seal
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
n ATiiORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUIOSER OF PAGES
DATE OF DOCUMENT
-- SIGNER(S) OTHER THAN NAMED ABOVE
1001 ' ALL- PURPOSE ACKNOWLEDGEMENT
PAGE 16
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 and in accordance with
the provisions of Sections 3247 et. seq. of the Civil Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alterations or additions to the terms of the Contract or to the work to be performed
thereunder or the specifications accompanying the same shall in any wise affect its obligations on
this Bond, and it does hereby waive notice of any such change, extension of time, alterations or
additions to the terms of the Contract or to the work or to the specifications.
In the event that any principal above named executed this Bond as an individual, it is
agreed that the death of any such principal shall not exonerate the Surety from its obligations
under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above named
Principal and Surety, on the 29th day of JUNE 19 98.
WAKEHAM— BAKER, INC.
Name of Contractor (Principal)
AMWEST SURETY INSURANCE COMPANY
Name of Surety
330 N. BRAND BLVD., STE 550
Address of Surety
GLEND?LE, CA 91203
(818) 246 -5353
Telephone
u orized Signature/Title
thonzed Agent Signature
SHA1dN BLUME, ATTORNEY —IN —FACT
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
CALIFORNIA ALL- PURPO E ACKNOWLEDGMENT •
State of California
County of or
On duly 1 oon before me, ramilla nendixr TTr3tary n „hl,�
t Date Name artd Title d ORaer (e.g.,'Jana Doe, ry RaaK )
personally appeared W.R. Wakeham
Nw*.) of Sprer(s)
® personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she /they executed the
same in his/her/their authorized capacity(ies), and that by
his/her /their signature(s) on the instrument the person(s),
CAML A or the entity upon behalf of which the person(s) acted,
e rosy M— CWOtnm _ executed the instrument.
MvC rmmB#uAprI&2M1 WITNESS my hand and official seal.
�
W _
�—' ynaNre d Notary Puda
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this tomr to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: W. R. Wakeham
• Individual
• Corporate Officer
Title(s): President
• Partner —❑ Limited ❑ General
• Attomey -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other. Top of thumb here
Signer Is Representing
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attomey -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other.
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
0 19%Natanai N ary Association • 8236 Remmet Ave., PO Box 711I • Car a Park, CA 91389 —]18a Prod No. 5987 Reader Gall Tdi -Free 141088]6 -882]
LIMITI40 POWER OF ATT f RNEY
Amwest Surety Insurance Company
Expiration Date: 05/22/00 POWERNUMBEK 0000892937
This document is printed on white paper containing the artificial watermarked logo( is ) of Amwest Surety Insurance Company on the front and brown security paper
on the back. Only unaltered originals of the Limited Power of Attorney ( "POA ") are valid. This PDA may not be used in conjunction with any other POA. No
representations or warranties regarding this PDA may be made by any person. This POA is governed by the laws of the State of Nebraska and is only valid until the
expiration date. Amwest Surety Insurance Company (the "Company') shall not be liable on any limited PDA which is fraudulently produced, forged or otherwise
distributed without the permission of the Company. Any party concerned about the validity of this POA or an accompanying Company bond should call your local Amwest
branch office at _1511 QX 74fi 4t G7
KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a Nebraska corporation, does hereby make, constitute and appoint:
Shawn Blume
Michael D. Stong
Susan C. Monteon
Roseman Standley
As Employees of STONG INSURANCE SERVICES, INC.
its true and lawful Attomey -in -fact, with limited power and authority for and on behalf of the Company as surety to execute, deliver and affix the seal of the company thereto
if a seal is required on bonds, undertakings, recognizances, reinsurance agreement for a Miller Actor other performance bond or other written obligations in the nature thereof
as follows:
Bid Bonds up to 61,000,000.00
Contract Bonds up to $5,000.000.00
License and Permit Bonds up to $250,000.00
Miscellaneous Bonds Up To $250,000.00
and to bind the company thereby. This appointment is made under and by authority of the By -Laws of the Company, which are now in full force and effect.
I, the undersigned secreary of Amwest Surety Insurance Companv, a Nebraska corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and
effect and has not been revoked and furthermore, that the resolutions of the Board of Directors of Amw es: Surety, Insurance Company set forth on this Power of Anorney, and
that the relevant provisions of the By -Laws of each company, are now in full force and effect.
Bond No. 1363606 Signed& sealed this 29thdayof JUNE 19 98
Karen G. Cohen, Secretary
RESOLUTIONS OF THE BOARD OF DIRECTORS * ` ` ` ` * ` ` * * ` * * * ` * * * * * ` * *
This POA is signed and sealed by facsimile under and by the authomy ofthe following resolutions adopted b7 the Board of Directors of Amwest Surety Insurance Companv
at a meeting duly held on December 15, 1975:
RESOLVED, that the President or anv Vice President, in conjunction with the Secretary or a:y Assistant Secretary, may appoint attorneys -in -tact or agents with
authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the
Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers nay remove any such attorney -in -fact or agent and revoke any POA
preciously granted to such person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and bind upon the Company:
(1) when signed by the President or any Vice President and attested and sealed (if a seal be required) by any Secretary or Assistant Secretary: or
(ii) when signed by the President or any Vice President or Secretary or Assistant Secreary, and countersigned and sealed (if a seal be required) by a duh
authorized anorney -in -fact or agent; or
(iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority
evidenced by the power of attorney issued by the Company to such person or persons.
RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any PDA or certificnon thereof
authorizing the execution and delivery of any bond, undertaking, recom;ance. or other suretyship obligations of the Company; and such signature and seal when so used shall
have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, Amwest Surety Insurance Companv has caused these present to be signed 'mv its proper ofIICerS. and its :o*porate seals to be hereunto affixed this
12Ut day of December. 1997.
John E. Savage, Preside n Karen G. Cohen. Secretary
State of California
County of Los Angeles
On December 12. 1997 before me, Peeey B. Lofton Notary Public, personally appeared John E. Savage and Karen G. Cohen, personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person(s) whose name(s) israre subscribed to the within instrument and acknowledged to me all that he /she /they executed the
same in his/her/Ihcir authorized capacav(ies), and that by his'hedtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted,
executed the instrument.
WITNESS my a d and official seal. P[{+�i•V &tORON
N'Sf�R9 J -: Notary Rbic "Coiranw
.OUP OF,9 2`. Signature (Seal) lAt Angeles Coldly
My Comm. Expires Aug 6, 1999P
DEC.14, _
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Jy�2Feq Ac���av `"
`' ....- 5'_30 Las Vir"CUCs 12oad Calabasas, CA 9L 02 TEL 818 871 -2000
0
BOND EXECUTED IN FOUR COUNTERPARTS PAGE17
PREMIUM: $1,204.00 CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BUCK GULLY ACCESS RAMP EMERGENCY REPAIR
CONTRACT NO. 3094 -A
BOND NO. 1363606
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 1,204.00 being at
the rate of $ 25.00 thousand of the Contract price.
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, awarded to Wakeham- Baker, Inc., hereinafter designated as the "Principal ", a contract
for construction of Buck Gully Access Ramp Emergency Repair, Contract No. 3094 -A in the City
of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract
Documents maintained in the Public Works Department of the City of Newport Beach, all of which
are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute Contract No. 3094 -A and the
terms thereof require the furnishing of a Bond for the faithful performance of the Contract;
NOW, THEREFORE, we, the Principal, and AMdEST SURETY INSURANCE
COMPA'N'Y , duly authorized to transact business under the laws of the State
of California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport
Beach, in the sum of forty eight thousand one hundred fifty and no /100 Dollars ($48,150.00),
lawful money of the United States of America, said sum being equal to 100% of the estimated
amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for
which payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the. Principal's
heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep
and perform any or all the work, covenants, conditions, and agreements in the Contract
Documents and any alteration thereof made as therein provided on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to its true
intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach,
its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the
same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall
become null and void.
STATE OF
CALIFORNIA
COUNTY OF RIVERSIDE
On y 61 , before me, _
PERSONALLY APPEARED
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s)
is /are subscribed to the within instrument and acknowl-
edged to me that he /she /they executed the same in his/
her /their authorized capacity(ies), and that by his /her/
their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
Sig- nature 1 C. -' _i' 1 1,71�i -� ,mil s t2 ; .. a ' e-
J
I SS.
ROSEMARY STANDLEY
SHAWN BLUME
OPTIONAL
✓+ARYS "'ANDLEY
COMM- r` '. i-G NCTARY -_I �;r,. 9
RI`Je4 5 ^ CAL: 4.
6fy Carr �OUNry
des ,lone 7.2DOp r
,This arra for 0,1*fieial tiofarirl Seat
Thouah 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
❑ PARTNER(S)
TITLE(SI
LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
eAUE Or = ,...5_ .S; JA EC: ITY.JE �'
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
"'"t' "`' "`' "" ALL- PURPOSE ACKNOWLEDGEMENT
PAGE 18
As a part of the obligation secured hereby, and in addition to the face amount specified in
this Performance Bond, there shall be included costs and reasonable expenses and fees,
including reasonable attorneys fees, incurred by the City, only in the event the City is required to
bring an action in law or equity against Surety to enforce the obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the work to be performed thereunder or
to the specifications accompanying the same shall in any way affect its obligations on this Bond,
and it does hereby waive notice of any such change, extension of time, alterations or additions of
the Contract or to the work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal in full
force and effect for six (6) months following the date of formal acceptance of the Project by the
City.
In the event that the Principal executed this bond as an 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 29th day of JUNE 1998
WAREHAM- BARER, INC.
Name of Contractor (Principal)
AM1gEST SURETY INSURANCE COMPANY
Name of Surety
330 N. BRAND B.VD., STE 550
GLENDALE, CA 91203
Address of Surety
(818) 246 -5353
Telephone
uthonzed Signature/Title
zed Agent g ture
SHAWN BLUME, ATTORNEY -IN -FACT
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of Or
On July 1 1998 before me, Camilla Rend; x, Notary Piihl ir-
Dale Name anE Title of Off, a (e,g.. V Uilo ary Pul lc )
personally appeared W.R. Wakeham
Name(s) of Sgner(s)
Z personally known to me–OR-17, proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is /are subscribed to the within instrument
and acknowledged to me that he /she /they executed the
same in his/her /their authorized capacity(ies), and that by
his/her /their signature(s) on the instrument the person(s),
���01
Caml rlon ! 1 W3J63
or the entity upon behalf of which the person(s) acted,
.e NotaYAA c— Caltomlo executed the instrument.
ownge M"Commorr .EVIrmApr13.2Wt r WITNESS my hand and official seal.
_- SigTPa re of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: W.R. Wakeham
El Individual
9- Corporate Officer
Title(s): President-
Partner Limited (71 General
Attorney -in -Fact
= Trustee
Guardian or Conservator "
Other:
Signer Is Representing:
Top of thumb here
Number of Pages:
Signer's Name:
G Individual
O Corporate Officer
Title(s):
D
iJ
Partner — D Limited 71 General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RIGHT UMBPRINT
OF TH SIGNER
C 1995 National Notary AssonaGon • 8236 Rea l Ave . PO Bo. 7164 • Canoga Park. CA 91309.7184 Prod No 5907 Reouter Call Ton -Free 1 -8110 676 6W°
0
RECORDING ,E3F_ jJWDY AND
WHEN RECO TO:
Cit Clerk-Rt1V
Cityy of NewpoWBA 7 8 .56
3300 Newport Boulevard
Newport B aFhC C4F 49T Y CLERK
CITY U .: -6F9RT BEACH
Q
Recorded in the County of orange, California
Gary L. Granville, Cierk /Recorder
1111111111111111111111iIIiIII111111111111i111111 11111111111111111 No Fee
19980780250 2:50pm 11/09/98
005 25014304 25 67
N12 1 6.00 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 Wakeham- Baker, Inc. of Anaheim,
California, as Contractor, entered into a Contract on June 22, 1998. Said Contract set
forth certain improvements, as follows:
Buck Gully Access Ramp Emergency Repair, C- 3094 -A.
Work on said Contract was completed on August 7, 1998, and was found to be
acceptable on October 26, 1998, by the City Council. Title to said property is vested in
the Owner, and the Surety for said Contract is Amwest Surety Insurance Company.
BY
Public Works Director
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed on ('c C. i;t' r . J / 9 �l. t' at Newport Beach, California.
BY
City Clerk
1
1,
r`J
r ;!
I .i
• • C35`)
C -3
• October 26, 1998
CITY COUNCIL AGENDA
ITEM NO. 6
TO: Mayor and Members of the City Council
r t
FROM: Public Works Department I
SUBJECT: COMPLETION AND ACCEPTANCE BUCK GULLY ACCESS RAMP
EMERGENCY REPAIR — CONTRACT NO. 3094 -A
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:
On June 22, 1998, the City Council authorized the award of Buck Gully Access Ramp
Emergency Repair contract to Wakeham- Baker, Inc. of Anaheim, California. The
contract provided for the emergency repair of the asphalt concrete roadway leading to
Little Corona Beach, the installation of a protective handrail and the construction of
minor slope stabilization. Major items of work included the placement of approximately
200 tons of riprap, the installation of an aluminum handrail and reconstructing 30 feet of
roadway. The contract has now been completed to the satisfaction of the Public Works
Department. A summary of the contract cost is as follows:
Original bid amount: $48,150.00
Actual amount of bid items constructed: 50,720.00
Total amount of change orders: 1,014.00
Final contract cost: $51,734.00
The increase in the amount of actual bid items constructed over the original bid amount
resulted from the need for additional riprap exceeding the bid item quantities. The final
overall construction cost including change orders was 7.4% over the original bid
amount.
One change order in the amount of $1,014.00 provided for the placement of additional
asphalt for roadway purposes.
SUBJECT: Completion And Accee of Buck Gully Access Ramp Emergency Repair tract No. 3094 -A
October 26, 1998 `
Page 2
Funds for the project were budgeted in the Tide & Submurged Land Fund - Account No. •
7231- C5100333 (Buck Gully /Little Corona Beach Outlet).
All work was completed on August 7, 1998, the scheduled completion date.
Respectfully syubfm� it
PUBLIC WORKS DEPARTMENT
Don Webb, Director
Y:
Horst Hlawaty, P.E.
Construction Engineer
LJ
0
f'groupsrpubwoa Scounol%fy93 -99'�ut- 2fi�buck gully c- 3094 -a.doc
CITY OF NE TORT B T ACH
OFFICE OF THE CITY" CLERK
P.O. BOY 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
October 27,1998
Orange County Recorder
P. O. Box 238
Santa Ana, CA 92702
Attached for recordation is the Notice of Completion for the Buck Gully Access
Ramp Emergency Repair (C- 3094 -A).
Please record the document and return to the Citv Clerk's Office. Thank vou.
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
Attachment
3300 Newport Boulevard, Newport Beach
.1 ! 0
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
"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 Wakeham- Baker, Inc. of Anaheim,
California, as Contractor, entered into a Contract on June 22, 1998. Said Contract set
forth certain improvements, as follows:
Buck Gully Access Ramp Emergency Repair, C- 3094 -A.
Work on said Contract was completed on August 7, 1998, and was found to be
acceptable on October 26, 1998, by the City Council. Title to said property is vested in
the Owner, and the Surety for said Contract is Amwest Surety Insurance Company.
BY
Public Works Director
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed on C- C.0 g t ,r ( "i / (,� ' at Newport Beach, California.
BY
City Clerk
Ll
•
CITY CLERK
CITY OF NEWPORT BEACH
� NEWPORT
v
PLANS, SPECIFICATIONS, AND
CONTRACT DOCUMENTS FOR
BUCK GULLY ACCESS RAMP EMERGENCY REPAIR
Contract No. 3094 -A
City of Newport Beach
Department of Public Works
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
(949) 644 -3311
1- 1,11/3
0
PAGE 2
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BUCK GULLY ACCESS RAMP EMERGENCY REPAIR
CONTRACT NO. 3094 -A
INSTRUCTIONS TO BIDDERS
1. The following documents shall be completed, executed and received by the City Clerk in
accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND
DESIGNATION OF SUBCONTRACTORS
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON - COLLUSION AFFIDAVIT
PROPOSAL
2. 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.
3. The City of Newport Beach will not permit a substitute format for the Contract Documents
listed above. Bidders are advised to review their content with bonding and legal agents prior
to submission of bid.
4. 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.
5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to
allow the comparison of total bid prices.
6. 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.
7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor
irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the
request and expense of the Contractor, securities shall be permitted in substitution of money
withheld by the City to ensure performance under the contract.
0
0
PAGE 3
The securities shall be deposited in a state or federal chartered bank in California, as the
escrow agent.
8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial
Relations has ascertained the general prevailing rate of per diem wages in the locality in which
the work is to be performed for each craft, classification, or type of workman or mechanic
needed to execute the contract. A copy of said determination is available in the office of the
City Clerk. All parties to the contract shall be governed by all provisions of the California
Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive).
9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5
of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public
Contracts Code, "Subletting and Subcontracting Fair Practices Act ".
10. 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.
The signature below represents that the above has been reviewed.
� r 2 -5 2 i
Contractor's License No. & Classification
WAKEHAM -RAKER INC. `
3152 E. UkP .'_ :' 'A A `-
ANAFiEi��,t. CA k-eLo
Bidder
Aufffo ized Signature/Title
Date
0 •
PAGE 5
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BUCK GULLY ACCESS RAMP EMERGENCY REPAIR
CONTRACT NO. 3094 -A
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 represents that he /she is fully qualified to and will be responsible for performing that
portion of the work. Substitution of subcontractors shall be made only in accordance with State
law and /or the Standard Specifications for Public Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted
for any monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the following
subcontractors have been used in formulating the bid for the project and that these subcontractors
will be used subject to the approval of the Engineer and in accordance with State law. No
changes may be made in these subcontractors except with prior approval of the City of Newport
Beach.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Subcontract Work
Subcontractor
Address
g,14NrJ2zJ / `��n� / „�2oS. /'c C&_/11C -'u-'
3 . LAPF;._P.':A P.'. = I
'1 ANAHEIM, CA
J_�
-AUfhorized Signaturelritle
PAGE
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BUCK GULLY ACCESS RAMP EMERGENCY REPAIR
CONTRACT NO. 3094 -A
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
The undersigned submits herewith a statement of the work of similar character to that
proposed herein which he /she has performed and successfully completed.
Year Project
Completed Name /Agency
BldoM r,� E, LAPALU44 AVE S CE I
ANAL EIK CA 92806
Person Telephone
To Contact Number
Authorized Sig-nature/Title
•
F-1
WAKEHAM- BAKER, INC.
General Engineering Contractor
Lic. No. 402529
NAME OF PROJECT: FIRE SIDEMENT REMOVAL
AMOUNT OF CONTRACT: $ 755,334.00
AWARDING AGENCY: USDA - FOREST SERVICE
AWARDING AGENCY PHONE NUMBER: (818) 574 -5300
AWARDING AGENCY PROJECT MANAGER: MR. HAROLD CULPEPPER
NAME OF PROJECT: BROWN BARN CONSTRUCTION
AMOUNT OF CONTRACT: $ 161,337.62
AWARDING AGENCY: CITY OF PALOS VERDES ESTATES
AWARDING AGENCY PHONE NUMBER:
(3'10) 378 -0383
AWARDING AGENCY PROJECT MANAGER:
MR. MATE GASPAR
NAME OF PROJECT:
SPRAY BOOTH
AMOUNT OF CONTRACT:
$ 155,714.00
AWARDING AGENCY:
CITY OF LONG BEACH
AWARDING AGENCY PHONE NUMBER:
(562) 9384692
AWARDING AGENCY PROJECT MANAGER:
MR. JOHN MCGOVERN
NAME OF PROJECT: THUNDERBIRD PARK IMPROVE.
AMOUNT OF CONTRACT: $ 66,249.47
AWARDING AGENCY: CITY OF DANA POINT
AWARDING AGENCY PHONE NUMBER: (714) 248 -3506
AWARDING AGENCY PROJECT MANAGER: MR. PHIL COTTON
NAME OF PROJECT: SCHROEDER & WEBBER ELEM
AMOUNT OF CONTRACT: $ 132,882.00
AWARDING AGENCY: WESTMINSTER SCHOOL DIST.
AWARDING AGENCY PHONE NUMBER:
AWARDING AGENCY PROJECT MANAGER:
NAME OF PROJECT:
AMOUNT OF CONTRACT:
AWARDING AGENCY:
(626) 963 -1401
MR. JOHN GOULDING, ARCHITECT
PARKING LOT 80 EXPANSION
$ 222,352.26
UNIVERSITY OF IRVINE
AWARDING AGENCY PHONE NUMBER:
(714) 824-2066
AWARDING AGENCY PROJECT MANAGER:
MS. GAIL CALDWELL
NAME OF PROJECT:
SHORECLIFFS GOLF COURSE
AMOUNT OF CONTRACT:
$ 41,946.01
AWARDING AGENCY:
CITY OF SAN CLEMENTE
AWARDING AGENCY PHONE NUMBER:
(714) 498 -2533 EXT. 3408
AWARDING AGENCY PROJECT MANAGER:
MR. BEN PARKER
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BUCK GULLY ACCESS RAMP EMERGENCY REPAIR
CONTRACT NO. 3094 -A
NON - COLLUSION AFFIDAVIT
State of California )
) ss.
County of )
PAGE 7
�� r2 G ✓rs i� �� being first duly sw deposes and says that he or she is sue.
of (%evcr �,., `rs the party making the foregoing bid;
that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or
sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf
of, any undisclosed person, partnership, company, association, organization, or corporation; that
the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced
or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly
colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or
that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly,
sought by agreement, communication, or conference with anyone to fix the bid price of the bidder
or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any
other bidder, or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all statements contained in the bid are true; and, further,
that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown
thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will
not pay, any fee to any corporation, partnership, company association, organization, bid
depository, or to any member or agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury of the laws of the State of California that the foregoing is true
and correct.
r WAKEHAM -BAKER INC
3152E LAPALV1A AV- ,--'. ❑
—AhfA- ictihs 1 0 0
Bidder
Subscribed and sworn to before me this
Notary Public
i
-AUfforized Signature/Title
day of , 19.
[SEAL]
My Commission Expires:
CALIFORNIA ALL- PURPOIL ACKNOWLEDGMENT •
State of California
County of Orange
On June 9, 1998 before me, Camilla Rendix� Nntary vl,hlu
Date Name antl Title of ORicer (eg,'Jane D
personally appeared W.R. Wakeham _
Names) of Signers)
® personally known to me — OR — ❑ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is /are subscribed to the within instrument
and acknowledged to me that he /she /they executed the
same in his /her /their authorized capacity(ies), and that by
his/her /their signature(s) on the instrument the person(s),
CAM LA IBM or the entity upon behalf of which the person(s) acted,
cam all t 1159,766
Notayma— calfolnla executed the instrument.
M"CwmEVM Apr I& Z101 r WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: W.R. Wakeham
❑ Individual
® Corporate Officer
Title(s): _President
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Top of thumb here
Signer's Name:
❑
❑
❑
Number of Pages:
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited
Attorney -in -Fact
Trustee
❑ General
• Guardian or Conservator
• Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
O 1995 National Notary Asaotia8on • 8236 Remmel Ave., P.O. Box 7184 • Canoga Park, CA 913097184 Prod No. 5907 Reenter: Can Toll -Free "M 876 -6827
PAGE 8
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BUCK GULLY ACCESS RAMP EMERGENCY REPAIR
CONTRACT NO. 3094 -A
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 receipt of
Notice of Award to the successful bidder:
• CONTRACT
• LABOR AND MATERIALS PAYMENT BOND
• FAITHFUL PERFORMANCE BOND
• CERTIFICATE(S) OF INSURANCE
• GENERAL LIABILITY INSURANCE ENDORSEMENT
• AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT
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.
The Labor and Materials Payment Bond and Faithful Performance 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.
Pursuant to Public Contract Code Section 22300, appropriate securities may be
substituted for any monies to be withheld to ensure performance under the Contract
Insurance companies affording coverage shall be (1) currently authorized by the Insurance
Commissioner to transact business of insurance in the State of California, and (2) assigned
Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance
with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be
provided as specified in the Standard Specifications for Public Works Construction, except as
modified by the Special Provisions. Certificates of Insurance and additional insured
endorsements shall be on the insurance company's forms, fully executed and delivered with the
Contract. The Notice to Proceed will not be issued until all contract documents have been
received and approved by the City.
L]
PAGE 10
All of the work to be performed and materials to be furnished shall be in strict
accordance with the provisions of the Contract Documents. Contractor is required to
perform all activities, at no extra cost to City which are reasonably inferable from the
Contract Documents as being necessary to produce the intended results.
3. As full compensation for the performance and completion of the Project as required by
the Contract Documents, City shall pay to Contractor and Contractor accepts as full
payment the sum of forty eight thousand one hundred fifty and no /100 Dollars
($48,150.00).
This compensation includes
(a) Any loss or damage arising from the nature of the work,
(b) Any loss or damage arising from any unforeseen difficulties or obstructions in the
performance of the work,
(c) Any expense incurred as a result of any suspension or discontinuance of the work,
but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5
on the Richter Scale and tidal waves, and which loss or expense occurs prior to
acceptance of the work by City.
4. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract,
before making its final request for payment under the Contract Documents, Contractor
shall submit to City, in writing, all claims for compensation under or arising out of this
Contract. Contractor's acceptance of the final payment shall constitute a waiver of all
claims for compensation under or arising out of this Contract except those previously
made in writing and identified by Contractor in writing as unsettled at the time of its
final request for payment.
WRITTEN NOTICE Any written notice required to be given under the Contract
Documents shall be performed by depositing the same in the U.S. Mail, postage
prepaid, directed to the address of Contractor and to City, addressed as follows:
CITY CONTRACTOR
City of Newport Beach Wakeham- Baker, Inc.
Public Works Department 3152 E. LaPalma Avenue, Suite 1
3300 Newport Boulevard Anaheim, CA 92806
Newport Beach, CA 92663 (714) 632 -7291
Attention: Marla Matlove Doyle
(949) 644 -3322
6. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this
Contract, hereby certifies:
"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 undertake self -
insurance in accordance with the provisions of the Code, and I will comply with such
provisions before commencing the performance of the work of this Contract."
0 0
7. INSURANCE
PAGE 11
(a) Insurance is to be placed with insurers with a Best's rating of no less than A:VII
and insurers must be a California Admitted Insurance Company.
(b) Contractor shall furnish City with certificates of insurance and with original
endorsements effecting coverage required by this Contract. The certificates and
endorsements for each insurance policy are to be signed by a person authorized
by that insurer to bind coverage on its behalf. All certificates and endorsements
are to be received and approved by City before work commences. City reserves
the right to require complete, certified copies of all required insurance policies, at
any time.
(c) Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by Contractor,
his agents, representatives, employees or subcontractors. The cost of such
insurance shall be included in Contractor's bid.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage "occurrence" form
number CG 0001 (Edition 11/85) or Insurance Services Office form number GL 0002
(Edition 1/73) covering Comprehensive General Liability and Insurance Services
Office form number GL 0404 covering Broad Form Comprehensive General Liability.
2. Insurance Services Office Business Auto Coverage form number CA 0001 0187
covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288
Changes in Business Auto and Truckers Coverage forms - Insured Contract.
3. Workers' Compensation insurance as required by the Labor Code of the State of
California and Employers Liability insurance.
B. Minimum Limits of Insurance
Coverage limits shall be no less than:
1. General Liability: $1,000,000.00 combined single limit per occurrence for bodily
injury, personal injury and property damage. If Commercial Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate limit
shall apply separately to this project/location or the general aggregate limit shall be
twice the required occurrence limit.
2. Automobile Liability: $1,000,000.00 combined single limit per accident for bodily
injury and property damage.
•
0
PAGE 12
3. Workers' Compensation and Employers Liability: Workers' compensation limits as
required by the Labor Code of the State of California and Employers Liability.
C. Deductibles and Self- Insured Retentions
Any deductibles or self- insured retentions must be declared to and approved by City.
At the option of City, either: the insurer shall reduce or eliminate such deductibles or
self- insured retentions as respects City, its officers, officials, employees and
volunteers; or Contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability and Automobile Liability Coverages
(a) City, its officers, officials, employees and volunteers are to be covered as
additional insureds as respects: liability arising out of activities performed by or
on behalf of Contractor, including the insured's general supervision of
Contractor; products and completed operations of Contractor; premises owned,
occupied or used by Contractor; or automobiles owned, leased, hired or
borrowed by Contractor. The coverage shall contain no special limitations on the
scope of protection afforded to City, its officers, officials, employees or
volunteers.
(b) Contractor's insurance coverage shall be primary insurance and /or primary
source of recovery as respects City, its officers, officials, employees and
volunteers. Any insurance or self- insurance maintained by City, its officers,
officials, employees and volunteers shall be excess of the Contractor's insurance
and shall not contribute with it.
(c) Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to City, its officers, officials, employees and volunteers.
(d) Contractor's insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
(e) The insurance afforded by the policy for contractual liability shall include liability
assumed by contractor under the indemnification /hold harmless provision
contained in this Contract.
2. Workers' Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against City, its officers,
officials, employees and volunteers for losses arising from work performed by
Contractor for City
0 !
3, All Coverages
PAGE 13
Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled, rescinded by either party,
reduced in coverage or in limits except after thirty (30) days' prior written notice by
certified mail, return receipt requested, has been given to City.
E. Acts of God
Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for
the repairing and restoring damage to Work, when damage is determined to have
been proximately caused by an Act of God, in excess of 5 percent of the Contract
amount provided that the Work damaged is built in accordance with the plans and
specifications.
F. Right to Stop Work for Non - Compliance
City shall have the right to offer the Contractor to stop Work under this Agreement
and /or withhold any payment(s) which become due to Contractor hereunder until
Contractor demonstrates compliance with the requirements of this article.
8. RESPONSIBII -ITY FOR DAMAGES OR INJURY
A. City and all officers, employees and representatives thereof shall not be responsible in
any manner: for any loss or damages that may happen to the Work or any part
thereof; for any loss or damage to any of the materials or other things used or
employed in performing the Work, for injury to or death of any person either workers or
the public; or for damage to property from any cause arising from the construction of
the work by Contractor, or its subcontractors, or its workers, or anyone employed by it.
B. Contractor shall be responsible for any liability imposed by law and for injuries to or
death of any person or damage to property resulting from defects, obstructions or from
any cause arising from Contractor's work on the Project, or the work of any
subcontractor or supplier selected by the Contractor.
C. Contractor shall indemnify, hold harmless, and defend City, its officers and employees
from and against (1) any and all loss, damages, liability, claims, allegations of liability,
suits, costs and expenses for damages of any nature whatsoever, including, but not
limited to, bodily injury, death, personal injury, property damages, or any other claims
arising from any and all acts or omissions of Contractor, its employees, agents or
subcontractors in the performance of services or work conducted or performed
pursuant to this Contract; (2) use of improper materials in construction of the Work; or,
(3) any and all claims asserted by Contractor's subcontractors or suppliers on the
project, and shall include reasonable attorneys' fees and all other costs incurred in
defending any such claim. Contractor shall not be required to indemnify City from the
sole or active negligence or willful misconduct of City, its officers or employees.
a
n
L-A
PAGE 14
D. To the extent authorized by law, as much of the money due Contractor under and by
virtue of the Contract as shall be considered necessary by City may be retained by it
until disposition has been made of such suits or claims for damages as aforesaid.
E. Nothing in this article, nor any other portion of the Contract Documents shall be
construed as authorizing any award of attorneys' fees in any action to enforce the
terms of this Contract, except to the extent provided for in "C" above.
F. The rights and obligations set forth in this Article shall survive the termination of this
Contract.
9. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all
other Contract Documents by Contractor is a representation that Contractor has visited
the Project Site, has become familiar with the local conditions under which the work is
to be performed, and has correlated all relevant observations with the requirements of
the Contract Documents.
10. CONFLICT If there is a conflict between provisions of this Contract and any other
Contract Document, the provisions of this Contract shall prevail.
11. WAIVER A waiver by City or any term, covenant, or condition in the Contract
Documents shall not be deemed to be a waiver of any subsequent breach of the same
or any other term, covenant or condition.
IN WITNESS WHEREOF, the
and year first written above. A4
ATTEST:
FP
CITY CLERK
APP LVAS O FORM:
CITY ATTORNEY
have caused this contract to be executed the day
CITY OF
A Munich
By:
Thomas C.
CONTRACTOR
By:
�Iiorizecl Signature and Title
CA CERTIFICA OF
LIABIL INSURA ; ,E ° "DAM �° °"
ITY ` "
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Wigmore Insurance
N CONFERS RIGHTS
HOLDER.THISCERTIFICATE OE CERTIFICATE
NOT AMEND, EXTEND OR
2970 Harbor Blvd, Ste 215
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Costa Mesa, CA 92626
COMPANIES AFFORDING COVERAGE _
(714) 979 -6543
COMPANY
A RANGER INSURANCE
INSURED
COMPANY
WAKEHAM- BAKER, INC.
B TRAVELERS
COMPANY
3152 S. LA PALMA #1
ANAHEIM, CA 92860
C
COMPANY
D
.. .. .. ..
THIS IS TO CERTIFY THAT THE 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
TA
CO
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MWDDIYY)
POLICY EXPIRATION
DATE (MWDO/YY)
LIMITS
•
GENERAL
LABILITY
GLO675879
07/27/97
0 7/ 2 7/ 9 8
GENERAL AGGREGATE
$2
PRODUCTS - COMP/OP AGO
$
COMMERCIAL GENERAL LIABILITY
7 CLAIMS MADE ® OCCUR
PERSONAL & ADV INJURY
f
EACH OCCURRENCE
$
I
OWNERS 8 CONTRACTORS PROT
FIRE DAMAGE (My one fire)
f
MED EXP (My . Perecn)
$
•
AUTOMOBILE
LABILITY
SBAS52718
07/27/97
0 7/ 2 7/ 9 8
COMBINED SINGLE LIMIT
f 1000000
ANY AUTO
BODILY INJURY
(Per rson)
$
------
ALL OMED AUTOS
SCHEDULED AUTOS
LX_
BODILY INJURY
(Per ecclEenQ
HIRED AUTOS
NON-OWNED AUTOS
$
PROPERTY DAMAGE
f
GARAGE
LABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN AUTO ONLY:
_
ANY AUTO
EACH ACCIDENT
$
AGGREGATE
$
EXCESS LIABILITY
i
EACH OCCURRENCE
If
AGGREGATE
_
$
UMBRELLA FORM
_
f
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
WC SLIMIT OER
TORY LIMITS ER
_
EMPLOYERS? WBKITY
EL EACH ACCIDENT
$
EL DISEfSE - POLICY LIMIT
$
THE PROPRIETOR/ INCL
PARTNERS�CUTIVE
OFFICERS PRE: EXCL
EL DISEgRE - EA EMPLOYEE
IS
OTHER
B
RENTAL
ACM260555M
07/27/97
07/27/98
$100,000
EQUIPMENT
I
i
DESCRPIKIN OF 5PERATION&LOCA110NSIVEHICLEB /SPECIAL ITEMS
CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED
CANCELLATION NOTICE IS 10 DAYS
IN THE EVENT OF NON - PAYMENT OF PREMIUM
CERtIF[CA.1E N01.DER
_
CA!lCEiLAT[0!1 .. .. _ .
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
THE CITY OF NEWPORT BEACH
EXPIMTION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
3300 NEWPORT BLVD.
30 DAYS WRITTEN N E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
NEWPORT BEACH, CA 92658
BUT FALU TO MAIL H NOTICE SHALL IMPOSE NO OBLIGATION OR LIABEm
OF Y CO ANY, ITS AGENTS OR REPRESENTATIVES.
AUTOO IZED
baropomh
RrA
.. 1. r.
0
POLICY NUMBER: GW675879
0
COMMERCIAL GENERAL LIABILITY
CG 20 10 10 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
THE CITY OF NEWPORT BEACH
(If no entry appears above, information required to complete this endorsement will be shown in the Declara-
tions as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in
the Schedule, but only with respect to liability arising out of your ongoing operations performed for that in-
sured.
CG 20 10 10 93 Copyright, Insurance Services Office, Inc., 1992 ❑
STATE
COMPENSATION
I N S U R A N C E
FUND
JULY 1, 1998
0
I
P.O. BOX 420807, SAN FRANCISCO, CA 94142 -0807 j
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
046 -98 UNIT 0002093
1 -1 -99
F
CITY OF NEWPORT BEACH
PUBLIC WORKS /ATTN: SHAWNA
3300 NEWPORT BLVD
NEWPORT BEACH, CA 92658 -8915
L
POLICY NUMBER:
CERTIFICATE EXPIRES:
JOB: CONTRACT # 3094 —A/ SUCK
GULLY ACCESS RAMP
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California
Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer.
We will also give you TEN days' advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the
policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with
respect to which this certificate of insurance 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.
AUTHORIZED REPRESENTATIVE PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
EMPLOYER
9
WAKEHAM— BAKER, INC.
3152 LA PALMA STE I E
ANAHEIM, CA 92806
Page PR -1
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
BUCK GULLY ACCESS RAMP EMERGENCY REPAIR
CONTRACT NO. 3094 -A
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. 3094 -A 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
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
1. Lump Sum Mobilization /Demobilization
7—%ii.2� -w Siz
@ //v•,n.24'n Dollars
and ,
�. Cents $ 6 C5 V $ 00
Per Lump Sum
2. 50 C.Y. Ramp Base Extension
@ Dollars
and
�co Cents $ 12c,- $ C 0
Per Cubic Yard
3. Lump Sum Excavating and Repositioning
of Dislodged Concrete Blocks
and
"0 Cents $ i"Vot $ P, acs
Per Lump Sum
A&I\ •
v T
Page PR -2
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
4. 100 TN '/ Ton Derrick Stone
Dollars
and
Cents $ /00 $ Z0, r) co
Per Ton
5. 40 TN Y< Ton Derrick Stone
@ QN f Dollars
and
d Cents $ /c o $ o(o"
Per Ton
6. 40 TN 100 Pound Stone
@ (Nz c.-, c4,.,�'Dollars
and
A,70 Cents $ /Co $ 5/aoo"
Per Ton
7. 200 S.Y. Filter Fabric
@ Dollars
and
.0 �d Cents $ y $ X60
Per Square Yard
8. 25 C.Y. Grout
Dollars
and _
/111)0 Cents
Per Cubic Yard
9. Lump Sum Repair Damaged Asphalt
Concrete Pavement
and
/U CI Cents $ /, SG O $ / S 0
Per Lump Sum
,
JI•
Page PR -3
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
10. Lump Sum Install Anodoized Aluminum
Handrailing
@ -Src 3v' /Bois - -- jDollars
and
iv u Cents
Per Lump Sum
TOTAL PRICE IN WRITTEN WORDS
Dollars
and
Bidder's N
Bidder's
Bidder's Telephone Num
Contractor's License No. &
//r
Date
YvAmt=NAM -BAKER INC.
L3152 E. LAPALMA AVE S "fE I
_ .. AwmaAL CA wAnn
'.SZ- 7 2 -7 /
s .7 L'o0 s 7, cC0
$ -�
otal Price
0
r
zl
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Metro Builders & Engineers Group Ltd.
2610 Avon Street, Unit A
Newport Beach, California 92663
Gentlemen:
(714) 644 -3005
July 6, 1998
Thank you for your courtesy in submitting a bid for the Buck Gully Access Ramp
Emergency Repair (Contract No. 3094 -A) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
r
0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
John S. Meek Company, Inc.
1032 West C Street
Wilmington, California 90744
Gentlemen:
(714) 644 -3005
July 6, 1998
Thank you for your courtesy in submitting a bid for the Buck Gully Access Ramp
Emergency Repair (Contract No. 3094 -A) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
0 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Holland -Lowe Construction, Inc.
541 N. Main Street, Suite 104 -350
Corona, California 91720 -2043
Gentlemen:
(714) 644 -3005
July 6, 1998
Thank you for your courtesy in submitting a bid for the Buck Gully Access Ramp
Emergency Repair (Contract No. 3094 -A) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely,
LaVonne M. Harkless, CMC/ AAE
City Clerk
3300 Newport Boulevard, Newport Beach
0 •
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Ryco Construction, Inc.
Post Office Box 327
Gardena, California 90247
Gentlemen:
(714) 644 -3005
July 6, 1998
Thank you for your courtesy in submitting a bid for the Buck Gully Access Ramp
Emergency Repair (Contract No. 3094 -A) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely,
LaVonne M. Harkless, CMC f AAE
City Clerk
3300 Newport Boulevard, Newport Beach
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Pave West
320 North Palm Street, Suite A
Brea, California 92821 -2882
Gentlemen:
(714) 644 -3005
July 6, 1998
Thank you for your courtesy in submitting a bid for the Buck Gully Access Ramp
Emergency Repair (Contract No. 3094 -A) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
E
•
I
June 22,1998
CITY COUNCIL AGENDA
ITEM NO. 8
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: BUCK GULLY ACCESS RAMP EMERGENCY REPAIRS —AWARD OF
CONTRACT NO. 3094 -A
RECOMMENDATIONS:
1. Approve the plans and specifications.
2. Award Contract No. 3094 -A to Wakeham- Baker, Inc. the total price of
$48,150.00 and authorize the Mayor and City Clerk to execute the Contract.
3. Establish an amount of $5,000.00 to cover the cost of materials testing and
additional work.
4. Authorize a budget amendment to appropriate funds in the amount of
$43,250.00 from the General Fund reserves to Account No. 7231- C5100333,
Buck Gully /Little Corona Beach Outlet Modification.
DISCUSSION:
At 11:00 a.m. on June 9, 1998, the City Clerk opened and read the following bids for
the subject project:
*Corrected value
The low bidder is 7.4% lower than the Engineer's Estimate of $52,000.00.
Contractor
Amount Bid
Low
Wakeham- Baker, Inc.
$48,150.00
2
John S. Meek, Co., Inc.
$50,800.00
3
Metro Builders & Engineers Group, Ltd.
$57,733.00
4
Holland -Lowe Const., Inc.
$62,733.00
5
Ryco Construction, Inc.
$75,825.00
6
Pave West
$76,832.00
*Corrected value
The low bidder is 7.4% lower than the Engineer's Estimate of $52,000.00.
SUBJECT: BUCK GULLY AVESS RAMP EMERGENCY REPAIR — AWARD CONTRACT NO. 3094 -A
June 22, 1997
Page 2
A check with project references for Wakeham - Baker, Inc. indicates that they have
successfully completed Public Works projects of a similar nature for other Southern
California agencies. In addition, their contractor's license is current and active.
The work to be ,completed in this emergency repair contract includes repair of the
asphalt concrete roadway leading to Little Corona Beach, installation of protective
handrailing, and construction of minor slope stabilization on the west side of the
streambed. All work will be completed within 15 working days.
Currently there are not sufficient funds in the Buck Gully project account to proceed
with this work. However, the project has been submitted for Federal Emergency
Management Assistance (FEMA) funding. Therefore, staff recommends a transfer of
funds in the amount of $43,250.00 from the General Fund reserves to Account No.
7231- C5100333, Buck Gully /Little Corona Beach Outlet .Modification. Upon
reimbursement from FEMA, the funds will be transferred back into the General Fund
reserve.
Respectfully submitted,
PUE
Don
2
mana marlove uoyle, v.t.
Senior Engineer
Attachments: Project Location Map
Bid Summary
f:\groups\pubworks \co u ncil \98yu ne- 22\buck. doc
L,_
0
1
11
•
0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
December 14,1998
Wakeham -Baker Inc.
3152 E. La Palma Avenue, Suite I
Anaheim, CA 92806
Subject: Contract No. 3094 -A - Buck Gully Access Ramp Emergency
Repair
On October 26, 1998, 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 of Completion was recorded by the Orange County Recorder on
November 9, 1998 - Reference No. 19980760250. The Surety for the contract is
Amwest Surety Insurance Company and the bond number is 1363606.
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
LH:li
cc: Public Works Department
Horst Hla- ,vaty, Construction Engineer
encl.
3300 Newport Boulevard, Newport Beach
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT PAGE 1 OF 1
Buck Gully Access Ramp Emergency Repair BID LOCATION: City Clerk's Office - City Hall
ZACT NO.: C -3094A TIME: 11:00 A.M.
MATLOVE DOYLE
DATE:
BY: LRS
DATE:
tA" I IMA I t:
C -3094A
MATLOVE DOYLE
BID LOCATION: City Clerk's Office - City Hall
TIME: 11:00 A.M.
DATE: 9- Jun -98
BY: LRS CHECKED: DATE:
Engineers Estimate
Wakeham -Baker Inc.
John S. Meek Co. Inc.
Metro Builders, Inc.
ITEM
DESCRIPTION
QUANTITY
UNIT
AMOUNT
UNIT
AMOUNT
UNIT
AMOUNT
UNIT
AMOUNT
1
Mobilization /Demobilization
1
LS
$3,000.00
$3,000.00
$3,600.00
$3,600.00
$7,350.00
$7,350.00
$5,700.00
$5,700.00
2
Ramp Base Extension
50
CY
$50.00
$2,500.00
$120.00
$6,000.00
$20.00
$1,000.00
$30.00
$1,500.00
3
Excavating /Repositioning Dislodged Concrete BI
1
LS
$12,000.00
$12,000.00
$8,000.00
$8,000.00
$4,100.00
$4,100.00
$11,167.00
$11,167.00
4
1/2 Ton Derrick
100
TN
$100.00
$10,000.00
$100.00
$10,000.00
$95.40
$9,540.00
$150.00
$15,000.00
5
114 Ton Derrick Stone
40
TN
$100.00,
$4,000.00
$100.00
$4,000.00
$87.00
$3,480.00
$150.00
$6,000.00
6
100 Pound Stone
40
TN
$100.00
$4,000.00
$100.00
$4,000.00
$87.00
$3,480.00
$150.00
$6,000.0
7
Filter Fabric
200
SY
$20.00
$4,000.00
$4.00
1 $800.00
$7.00
$1,400.00
$5.00
$1,000.0
8
Grout
25
CY
$200.00
$5,000.00
$130.00
$3,250.00
$190.00
$4,750.00
$150.00
$3,750.00
9
Repair Damaged Asphalt Concrete Pavement
1
PCYT
$5,000.00
$5,000.00
$1,500.00
$1,500.00
$4,000.00
$4,000.00
$2,000.00
$2,000.00
10
Install Anodized Aluminum Handrailing
1
LS
$2,500.00
$2,500.00
$7,000.00
$7,000.00
$11,700.00
$11,700.00
$5,000.00
$5,000.00
EE
$52,000.00
LOW
$48,150.00
2ND
$50,800.00
3RD
$57,117.00
tA" I IMA I t:
C -3094A
MATLOVE DOYLE
BID LOCATION: City Clerk's Office - City Hall
TIME: 11:00 A.M.
DATE: 9- Jun -98
BY: LRS CHECKED: DATE:
wfreuieu vawe
r:lgmups\pubw rkskontmct %981buck gully%C -3094a Bid Sum
9 •
i
Holland -Lowe, Inc.
Ryce Construction, Inc.
Pave West
Pave West
ITEM
DESCRIPTION
QUANTITY
UNIT
AMOUNT
UNIT
AMOUNT
UNIT
AMOUNT
UNIT
AMOUNT
1
Mobilization /Demobilization
1
LS
$6,200.00
$6,200.00
$7,500.00
$7,500.00
$6,900.00
$6,900.00
2
Ramp Base Extension
50
CY
$100.00
$5,000.00
$300.00
$15,000.00
$126.00
$6,300.00
3
Excavating /Repositioning Dislodged Concrete BI
1
LS
$2,525.00
$2,525.00
$25,000.00
$25,000.00
$19,250.00
$19,250.00
4
112 Ton Derrick
100
TN
$125.20
$12,520.00
$65.00
$6,500.00
$176.50
$17,650.00
5
114 Ton Derrick Stone
40
TN
$124.60
$4,984.00
$65.00
$2,600.00
$119.00
$4,760.00
6
100 Pound Stone
40
TN
$124.60
$4,984.00
$65.00
$2,600.00
$119.00
$4,760.00
7
1 Filter Fabric
200
SY
$10.00
$2,000.00
$10.00
$2,000.00
$14.50
$2,900.00
8
lGrout
25
CY
$280.00
$7,000.00
$225.00
$5,625.00
$195.00
$4,875.00
9
Repair Damaged Asphalt Concrete Pavement
1
LS
$6, 820.00
$6,820.00
$4,000.00
$4,000.00
$2,124.00
$2,124.00
10
Install Anodized Aluminum Handrailing
1
LS
$10,700.00
$10,700.00
$5,000.00
$5,000.00
$7,313.00
$7,313.00
4TH'
$62,733.00
5TH
$75,825.00
6TH
$76,832.00
wfreuieu vawe
r:lgmups\pubw rkskontmct %981buck gully%C -3094a Bid Sum
9 •
i
Ci#of Newport Beach. NO. BA- 076 f
BUDGET AMENDMENT
1997 -98 AMOUNT: Sa3,z5o.00
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates A Increase in Budgetary Fund Balance
�X Increase . Budget Appropriations ANQ X Decrease in Budgetary Fund Balance
Transfer Budget Appropriations No effect on Budgetary Fund Balance
from existing budget appropriations
from additional estimated revenues
X from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To repairthe Buck Gully Access Ramp. The contract is to be awarded to Wakeham- Baker, Inc.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Eu09 Account
is 230 3605
REVENUE APPROPRIATIONS (3601)
Fund /Division Account
Description
Fund Balance Control
Description
EXPENDITURE APPROPRIATIONS (3603)
Description
Division Number 7231 Tides and Submerged Lands
Account Number C5100333 Buck Gully/Ul Corona Beach Outlet
Division Number
Account Number
Division Number
Account Number
Division Number
Account Number
Signed: e
t Financial A�l: F
. 4igned:,
Signed:
Amount
Debit Credit
$43,250.00
$43,250.00
6 -ia - 9d
Date
Date
City Council Approval: City Clerk Date
Ci* of Newport Beach* NO. BA- 076
BUDGET AMENDMENT 8
1997 -98 AMOUNT: Saa,25o.00
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates Increase in Budgetary Fund Balance
X Increase Budget Appropriations AND X Decrease in Budgetary Fund Balance
Transfer Budget Appropriations Noe alance
BY THE CITY _ OUN I ^�
from existing budget appropriations
from additional estimated revenues 2
X from unappropriated fund balance
EXPLANATION: APP RCV E
This budget amendment is requested to provide for the following:
To repair the Buck Gully Access Ramp. The contract is to be awarded to Wakeham- Baker, Inc.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Accoun Description
230 3605 Fund Balance Control
REVENUE APPROPRIATIONS (3601)
Fund /Division Accoun Description
EXPENDITURE APPROPRIATIONS (3603)
Description
Division Number 7231 Tides and Submerged Lands
Account Number C5100333 Buck Gully /Ltl Corona Beach Outlet
Division Number
Account Number
Division Number
Account Number
Division Number
Account Number
Signed:
I
signed:
Ad nib five Ap ova ' ity Manager
Signed: (�(QGI�n L l I' I JQTLt F �iYY
City Council Approval: City Clerk
Amount
Debit Credit
$43,250.00 `
` Automatic
$43,250.00
Date
G -/3
Date
Date
PAGE 16
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 and in accordance with
the provisions of Sections 3247 et. seq, of the Civil Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alterations or additions to the terms of the Contract or to the work to be performed
thereunder or the specifications accompanying the same shall in any wise affect its obligations on
this Bond, and it does hereby waive notice of any such change, extension of time, alterations or
additions to the terms of the Contract or to the work or to the specifications.
In the event that any principal above named executed this Bond as an individual, it is
agreed that the death of any such principal shall not exonerate the Surety from its obligations
under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above named
Principal and Surety, on the 29th day of JUNE 19 98
WAKEHAM- BAKER, INC.
Name of Contractor (Principal)
AMWEST SURETY INSURANCE COMPANY
Name of Surety
330 N. BRAND BLVD., STE 550
Address of Surety
GLENDALE, CA 91203
(818) 246 -5353
Telephone
-A-ulfibrized Signature/Title
thonzed Agent Signature
SHAWN BLUME, ATTORNEY -IN -FACT
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
CALIFORNIA ALL- PURPOR ACKNOWLEDGMENT •
State of California
County of Or
On a u f y i s q u before me,
Date Name a1M Two of wmr 1e.9..'Jeae Doe. Public)
personally appeared W.R. Wakeham
N=*S) d SPtena)
® personally known to me – OR – ❑ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
CAMILLAs� or the entity upon behalf of which the person(s) acted,
1 �0.mrMOtr • 111l,1Efi
e µday PAft
—plrq _ executed the instrument.
mv Cwm BONAPr13.1oG1 WITNESS my hand and official seal.
�— „SgGmWle of Notary Pubic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: W.R. Wakeham
■
❑
Individual
Corporate Officer
Title(s): Prea; dent -
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Tn lsf pp
Guardian or Conservator
Other:
Signer Is Representing
RIGHT THUMBPRINT
OF SIGNER
Signer's Name:
❑
❑
Number of Pages:
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited ❑ General
Attomey -in -Fact
Trustee
Guardian or Conservator
Other.
Signer Is Representing:
0 1995 NatlmrBl "Ary A6sotiali • 8236 Remmot Ave., P.O. Bo. 7184 • rao a Park. CA 81309)1 B1 Prop No. 5907 RenNen Oall Toll -Pme 14=.876 -6827
LIMITIV POWER OF ATTORNEY
Amwest Surety Insurance Company
This document is printed on white paper containing the artificial watermarked logo ( ) of Amwest Surety Insurance Company on the front and brown security paper
on the back. Only unaltered originals of the Limited Power of Attorney ( "POA ") are valid. This PDA may not be used in conjunction with any other PDA. No
representations or warranties regarding this POA may be made by any person. This PDA is governed by the laws of the State of Nebraska and is only valid until the
expiration date. Amwest Surety Insurance Company (the "Company ") shall not be liable on any limited POA which is fraudulently produced, forged or otherwise
distributed without the permission of the Company. Any party concerned about the validity of this POA or an accompanying Company bond should call your local Amwest
branch office at (818) 246-5153
KNOW ALL BY THESE PRESENT, that Amwest Surety Insurance Company, a Nebraska corporation, does hereby make, constitute and appoint:
Shawn Blume
Alichael D. Stong
Susan C. hionteon
Rosemary Standley
As Employees of STONG INSURANCE SERVICES, INC.
its true and lawful Atomey -in -fact, with limited power and authority for and on behalf of the Company as surety to execute, deliver and affix the seal of the company thereto
if a seal is required on bonds, undertakings, recognimnees, reinsurance agreement for a Miller Act or other performance bond or other written obligations in the nature thereof
as follows:
Bid Bonds up to $1,000,000.00
Contract Bonds up to $5,000,000.00
License and Permit Bonds up to $250,000.00
Miscellaneous Bands Up To $250,000.00
and to bind the company thereby. This appointment is made under and by authority of the By -Laws of the Company, which are now in full force and effect.
1, the undersigned secretary of Amwest Surety Insurance Company, a Nebraska corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and
effect and has not been revoked and furthermore, that the resolutions of the Board of Directors of Amwest Surety Insurance Company set forth on this Power of Attorney, and
that the relevant provisions of the By -Laws of each company, are now in full force and effect.
Bond No. 1363606 Signed & sealed this 29th day of JUNE 19 98
Karen G. Cohen, Secretary
RESOLUTIONS OF THE BOARD OF DIRECTORS ` ` ' ` ' * * * ` * ` ' ' ' ` * * ' * * * * *
This PDA is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Amwest Surety Insurance Company
at a meeting duly held on December 15, 1975:
RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attomeys -in -fact or agents with
authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the
Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officer s may remove any such attorney -in -fact or agent and revoke any PDA
previously granted to such person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and bind upon the Company:
(1) when signed by the President or any Vice President and attested and sealed (if a seal be required) by any Secretary or Assistant Secretary; or
(ii) when signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly
authorized attorney -in -fact or agent; or
(iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority
evidenced by the power of attorney issued by the Company to such person or persons.
RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any PDA or certification thereof
authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall
have the same force and effect as though manually affixed. - -
IN WITNESS WHEREOF, Amwest Surety Insurance Company has caused these present to be signed by its proper officers, and its corporate seals to be hereunto affixed this
121h day of December, 1997. 4 �
(,// John E. Savage, Presick t Karen G. Cohen, SecrcarV
Sate of California
County of Los Angeles
On December 12, 1997 before me, Peggy B. Lofton Notary Public, personally appeared John E. Savage and Karen G. Cohen, personally known to me (or proved to me
on the basis of satisfacton. evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me all that he /she /they executed the
same in his/her/their auhorized capacity(ies), and that by his'herhheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my d and official seal. PE=.y & LO ON
Corrmlrion 110SM"
Pppq`..92 Signature '``T"_ (Seal)xiPlb�L�COY6DR1{O
Q':00 - 9T..p. �w., .,. �s�„ LosMprrhCotnty
s , = o (11 91MY Comm. Fxplre4 ADO ,1V9D
_�— DEC.14, :�_
1995
a�`
`••2/ d „ >230 Las \`irgenes Road Calabasas, CA 91302 TEL 818 871 -2000