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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 =Q� — Cal1110mb O?•POggT.2�= Signature J•'2 Seal Nakoy m Lofton, NotarvPu to DEC. 14, 0 i Comm. E� JAug61999 O€ F—'.. 1995 M 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, _ n_ sss o 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