HomeMy WebLinkAboutC-3138 - Eastbluff Park Sidewalk ReplacementBY THE CITY CC._:
• CITY OF NEWPOP" June 9, 1997
JUN 91997 CITY COUNCIL AGENDA
ITEM NO. 13
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL/
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: EASTBLUFF PARK SIDEWALK REPLACEMENT
CONTRACT NO. 3138
RECOMMENDATIONS:
1. Approve the plans and specifications.
2. Award Contract No. 3138 to Keiter Corporation for the total amount of
$26,317.00 and authorize the Mayor and the City Clerk to execute the Contract.
3. Establish an amount of $2,500.00 for construction testing and unforeseen work.
. DISCUSSION:
At 11:00 A.M. on May 27, 1997, the City Clerk opened and read the following bids for
this project:
The low bidder is 20% less that the Engineer's Estimate of $33,000.
Keiter Corporation of Diamond Bar, California, the low bidder, has not performed
previous contract work for the City; however, a check with their experience references
and the State Contractor's License Board has indicated that Keiter Corporation has
successfully completed projects of a similar nature for other Southern California
. agencies and has no pending actions detrimental to their contractor's license.
Bidder
Amoun
Low
Keiter Corporation
$26,317.00
2
Gillespie Const. Inc.
$27,809.00
3
Hi Tech Pro Construction Co.
$28,695.00
4
Nobest Inc.
$29,095.50
5
L.G.T. Enterprises
$29,847.00
6
Southland Construction
$31,900.00
7
Damon Const. Co.
$33,315.00
The low bidder is 20% less that the Engineer's Estimate of $33,000.
Keiter Corporation of Diamond Bar, California, the low bidder, has not performed
previous contract work for the City; however, a check with their experience references
and the State Contractor's License Board has indicated that Keiter Corporation has
successfully completed projects of a similar nature for other Southern California
. agencies and has no pending actions detrimental to their contractor's license.
SUBJECT: EASTBLUFF 0 SIDEWALK REPLACEMENT .
CONTRACT NO. 3138
June 9, 1997
Page 2
� � Y
The proposed improvements at Eastbluff Park provide for the removal of the existing
deteriorated asphalt sidewalk; the construction of new P.C.C. sidewalk with thickened
edge and welded wire mesh; the installation of P.C.C. bollards; and construction of a
curb access ramp. The improvements will eliminate substandard pavement and
improve access to the park. A project location map is attached.
Sufficient funds are available in the Eastbluff Park Walkway Improvements, Account
No. 7015- C3170326.
Respectfully u miffed,
PUBLIC WORKS DEPARTMENT
Don Webb, Director
By
Stephen Luy
Project Engineer
Attachment: Project Location Map
•
E
\J
•
I •
lie
U*" m3floman.
PROJECT A
LOCATION
LOCATION MAP
N.T.S.
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
EASTBLUFF PARK
SIDEWALK REPLACEMENT
IS PL. I
i
I
PL.
iifRhi
1'I'b'C
N+�Vf
C -3138
DRAWN S.J.L. DATE
APPROVED ,-'-7,
STEPHEN I.Uv
PROJECPENCINEER
DRAWING NO. EXHIBIT "A"
N�
i(
i
i_. y. ►tr
CITY CLERK
Ago-
NOTICE INVITING BIDS
Sealed bids may be received at the office of the. City Clerk,
at 3300 Newport Boulevard, P.O. Boa 1768, Newport Beach, Ca. 92658 -8915
until 11:00 a.m. on the 27th day of May, 1997,
at which time such bids shall be opened and read for
EASTBLUFF PARK SIDEWALK REPLACEMENT
3138
Contract Number
$33.000.00
Engineer's Estimate
ro`,,
0
f ORS:
Approved by
1
IW
w�
I1�
City Engineer
Prospective bidders may obtain one set of bid documents at no cost at the
office of the Public Works Department, 3300 Newport Boulevard, P. O. Boa
1768, Newport Beach, CA 92658 -8915.
For further information, call Stephen Luv at 644 -3330.
Project Manager
.0
ANA
. . ...
AIR
Pit
i.
Vill
l X °
`..: .`
6..
k
rr r s
I too
e,
Ph ANA
.0
ANA
. . ...
Pit
i.
Y
WO
e,
CITY OF NEWPORT BEkH
PUBLIC WORKS DEPARTMENT
PROPOSAL
EASTBLUFF PARK SIDEWALK REPLACEMENT
CONTRACT NO. 3138
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. 3138 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
NO. AND UNIT
1. Lump Sum
2. 6,300 SF
ITEM DESCRIPTION AND UNIT
PRICE WRITTEN IN WORDS
Mobilization
@ '01vit P 06 *A&1P Dollars
and
0 Cents
per Lump Sum
Remove Existing Improvements
UNIT TOTAL
PRICE PRICE
$ 1090 °Q
@ NO Dollars �p
an
S'l,�ry Cents $ 060 $ 3/ ua.0°
per Square Foot
P -i
ITEM QUANTITY
NO. AND UNIT
ITEM DESCRIPTION AND UNIT
PRICE WRITTEN IN WORDS
UNIT
PRICE
TOTAL
PRICE
3. 6 C.Y.
Provide Fill and Grade to Match
Existing
@ ONF— W4(NOKFD Dollars
and
No Cents
$ /00
$ 600.
per Cubic Yazd
4. 2 Ea.
Provide and Install P.C.C. Bollards
With Traffic Control Chains
@/7 ✓f— / WIVOR-ArP Dollars
and
No Cents
,vo
$ 5co-
$ /000.
Each
5. 1 Ea.
Provide and Install P.C.C. Bollard
@ L"51(/e Dollars
and
No and
w
$ 500.
o„
$,
Each
6. 6,300 S.F.
Construct P.C.C. Sidewalk
With Thick Edge and Welded
Wire Mesh
@ Dollars
and
Alper M i &V4 Cents
$ Z. $
per Square Foot
7. 1 Each
Construct P.C.0 Curb Access Ramp
@ Six gw&ROOUD Dollars
and
,Ald Cents
$ �OO�CO
va
$ �OOD'
Each
P -2
el
TOTAL BID PRICE IN WRITTEN WORDS
',.ie,N7f 34X T110u5fi Tom.
Dollars
and
No (entc
Bidder's Name ( {T E JL7 �6D D tS
x63/7. oo
Total Bid Price in Figures
Bidder's Address 535 TDP51 M %L. PA, DAP 5612—
p In vol -4349 c/4 - 9
Bidder's Telephone Number
Contractor's License No. &
JC 2
ate
P -3
I , 9 , , •
Page 2A
Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code
relating to prevailing wage rates (Sections 1770 -7981 inclusive).
The Contractor shall be responsible for insuring compliance with provisions of Section
1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public
Contracts Code, "Subletting and Subcontracting Fair Practices Act."
All documents shall bear signatures and titles of persons authorized to sign on behalf of
the bidder. For corporations, the signatures shall be of a corporate officer or an individual
authorized by the corporation. For partnerships, the signatures shall be of a general partner, For
sole ownership, the signature shall be of the owner.
77-567-7 A, P
Contractor's License No. & Classification
5U; s7, 17
Date
5/97
.�-Al .., - OW040
Authorized SignaturegO
Page 3
DESIGNATION OF SUBCONTRACTOR(S)
State law requires the listing of all subcontractors who will perform work in an amount in
excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the
Contractor 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 moneys to be withheld to endure 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.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
:..-
5/97
ntract Work Subcontractor Address
Authorized Signature/Title
Page 2
INSTRUCTIONS TO BIDDERS
The following documents shall be completed, executed and received by the City Clerk in
accordance with NOTICE INVITING BIDS:
PROPOSAL (Page 1)
INSTRUCTIONS TO BIDDERS (Page 2)
DESIGNATION OF SUBCONTRACTORS (Page 3)
BIDDER'S BOND (Page 4)
NON - COLLUSION AFFIDAVIT (Page 5)
TECHNICAL ABILITY AND EXPERIENCE REFERENCES (Page 6)
except that cash, certified check or cashier's check (sum not less than 10% of the total bid price)
may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed
Bid" shall be clearly marked on the outside of the envelope containing the documents.
The City of Newport Beach will not permit a substitute format for the Contract Documents
listed above. Bidders are advised to review their content with bonding and legal agents prior to
submission of bid.
BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently
authorized by the Insurance Commissioner to transact business of insurance in the State of
California, and (2) listed as an acceptable surety in the latest revision of the Federal Register
Circular 570.
The estimated quantities indicated in the PROPOSAL are approximate, and are given
solely to allow the comparison of total bid prices.
Bids are to be computed upon the estimated quantities indicated in the PROPOSAL
multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and
figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of
estimated quantity by unit price, the correct multiplication will be computed and the bids will be
compared with correctly multiplied totals. The City shall not be held responsible for bidder errors
and omissions in the PROPOSAL.
The City of Newport Beach reserves the right to reject any or all bids and to waive any
minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at
the request and expense of the Contractor, securities shall be permitted in substitution of money
withheld by the City to ensure performance under the contract. The securities shall be deposited
in a state or federal chartered bank in California, as the escrow agent.
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
5/97
Page 4
BIDDER'S BOND
We, the undersigned Principal and Surety. Our successors and assigns, executors, heirs
and administrators, agree to be jointly and severally held nd firr�.ly t ed (o (he City of
Newport Beach, a charter city, in the principal sum of TEN PENT OF ANDUNI BID*** dollars
($-1912E E BBII�D*rto be paid and forfeited to the City of Newport Beach if the bid proposal of the
r �ASfB
u 1 Ll1FF PARK Mid REPLACQC,Pr the construction of
(title of project and contract no.) 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 22ND day of MY , 1997
KEITER CORPORATION GREAT AMICAN INSURANCE CCPPANY
&�lN IV A7 ajs
Print Name & Title
5/97
Surety
by:
KELLY A. SAITM ATORNEY- IN-FXT
(Notary acknowledgment of Principal & Surety must be attached)
STATE OF CAL •ORNIA )SS.
AUNTY CF
On L 2- Z before me, Yi personally
appeared{ rF{ Na�/kl A 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 some in hls /her /their
authored capacity(les), and that by his /her /their signature(s) on the Instrument the person(s) or entity upon
behalf of which the person(s) acted, executed the Instrument.
WITNESS my hand and official se�al�
Signature
DIANE E. LOPEZ
a' `.;i COMM z . # 1012289 z
' • - Notary p�pwc — Cvlifomia
ORANGE COUNTY
MV Gomm. Expires JAN 25. 1998
CALIFORNIA
ALL ARPOSE ACKNOWLEDIREMENT
.STATE OF CALIFORNIA
S.S.
COUNTY OF San. Bernardino j
On 5k) *1 , before me,
Frances Lefler, Notary Public , personally appeared
Kelly A. Saitman ,
X personally known to me;
or proved to me on the basis of satisfactory evidence to be the
person(l) whose name(a) is lwm subscribed to the within instrument and
acknowledged to me that (XW /she/uh&yq executed the same in
/her /thxs&z authorized capacity(OMC , and that the entity upon
behalf of which the person(>W,) acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL) •rmAertrtfi'.e:n.RO��
s
Signature of Notary Public
CAPACITY CLAI7SED BY SIGNER:
Though statute does not require the notary to fill in the data below,
doing so may prove invaluable to persons relying on the document.
Individual(s)
Corporate Officer(s) and
Titles and
Partner(s) Limited
Attorney -in -Fact
Trustees)
Guardian /Conservator
Other:
Signer is representing:
General
ATTENTION NOTARY: Although the information requested below is
optional, it could prevent fraudulent attachment of this certificate
to unauthorized document.
Title of type of document:
Number of pages:
Date of document:—
Signer(s) other than named above: none
i Srt ax
GIEPAIVER1CAN INstim NCE APANY
580 WALNUT STREET . CINCINNATI, OHIO 45202 • 513 - 369 -5000 • FAX 513 - 723 -2740
The number of persons authorized by
this power of attorney is not more than No. 013672
FOUR POWER OF ATTORNEY
KNOW ALI, MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE. COMPANY, a corporation organized
and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below
its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds,
undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any
such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name Address Limit of Power
JAY P. FREEMAN ALL OF ALL
KELLY A. SAITMAN ONTARIO, UNLIMITED
DONALD R. DES COMBES CALIFORNIA
DIRK T. DeGRAW
Power ower of Attorney revokes all previous powers issued in behalf of the attorney(s) -in -fact named above
IN WITNESS W H EREOF the GREAT AM ERICAN INSURANCE COM PANY has caused these presents to be signed and attested by
its appropriate officers and its corporate seal hereunto affixed this 8th day of February , 19 96
Attest GREAT AMERICAN INSURANCE COMPANY
STATE OF OHIO, COUNTY OF HAMILTON — ss:
On this 8th day of February, 1996 , before me personally appeared GARY T. DUNBAR, to me
known, being duly sworn, deposes and says that he resided to Cincinnati, Ohio, that he is the President of the Bond Division of Great American
Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority
of his office under the By -Laws of said Company, and that he signed his name thereto by like authority.
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American
Insurance Company by unanimous written consent dated March 1, 1993.
RF-SOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, orany one ofthem, be
and hereb y is authorized. from time fo time, to appoint one or more Attorneys -I n -Fact to execute on behalf of the Company, as surety, an v and all
bonds. undertakings and contracts of suretyship. or other written obligations in the nature thereof. to prescribe their respective duties and the
respective limits of their authority: and to revoke any such appointment at any time.
RESOL VFD FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant
.Sccretarr of the Company may he affixed by facsimile to any power of attorney or certificate of either given for the execution of ,,my bond.
undertak ing. contract orsuretyship, or other writ ten obligation in the nature thereof- such signature and seal when so used being herehy ad opted by
the Company as the original signature ofsuch officer and the original seal ofthe Company, to be valid and binding upon the Company with the
.same force and effect as though manually affixed.
CERTIFICATION
I, RONALD C. HAYF.S, Assistant Secretary of Great American Insurance Company, do hereby unify that the foregoing Power of
Attorney and the Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect.
Signed and scaled this
S (1291' f4 v,,i
22NIDday of MAY
19 97
NON - COLLUSION AFFIDAVIT
State of California )
) ss.
County of 044bC )
Page 5
&.07Z AI,46Y" , being first duly sworn, deposes and says that he or she is
�Z of .4�VV7 -" P/��s*✓ , the party making the foregoing bid; that the
bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation; that the bid is genuine and not collusive or sham; that
the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or
sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any
bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the
bidder has not in any manner, directly or indirectly, 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.
4 Z'4e
Bidder Authorized Signature/Titl
Subscribed and sworn to before me this _day of , 19_
[SEAL]
Notary Public
My Commission Expires:
5197
STATE OF CAJJaFOORNIA
=kM OF
J \
On Z before me, [.v <��ez . rc�h W 71��`i C personally
appeared �-Et TH tvALATA personalty 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 that he /she /they executed the same in his /her /their
authorized capacity(les), and that by his /her /their signature(s) on the Instrument the person(s) or entity upon
behalf of which the person(s) acted, executed the Instrument.
WITNESS my ha d and offi, 'al I.
s DIANE E. LOPEZ
coMrot. s lolnav z
\1 \r 1 z �� •; Notary Public — California
Signature y} MY COMM. ORANGE
ExPkes JAN 25,1998
0
0
Page 6
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
The undersigned submits herewith a statement of the work of similar character to that
proposed herein which he /she has performed and successfully completed.
Year For Whom Person
Completed Performed (Detail) To Contact
Telephone
Numbe
%
/997 L A 6 24 Wei 4VA
Bidder
5/97
. - /I-If
Page 7
N• -.1
The following Contract Documents shall be executed and delivered to the Engineer within
ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of mailing
Notice of Award to the successful bidder:
LABOR AND MATERIALS PAYMENT BOND (Page 8)
FAITHFUL PERFORMANCE BOND (Page 9)
CERTIFICATE OF INSURANCE (Page 10)
GENERAL LIABILITY INSURANCE ENDORSEMENT (Page 11)
AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT (Page 12)
CONTRACT (Page 13)
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 VIII (or larger) in
accordance with the latest edition of Best's Key Rating Guide: Property- Casualtv. Coverages
shall be provided as specified in the Standard Specifications for Public Works Construction,
except as modified by the Special Provisions
5/97
.. .,
;: � � _
,.d.. �ceza:v3 ��� �. �,:::.. r.ax• x+�.�'._�.�.fi%.F.'�".<l5#t .��'."ab�..iis� ®sfl,;:- —"4 x.,.:'�,.vvamadc �.�:, -- _. , ",.
BOND NO. 2652937
•7a i : �•, 91 r nor r 10-190M
Page 8
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted June 9, 1997 has awarded to Reiter
Corporation hereinafter designated as the "Principal," a contract forEastbluff
Park Sidewalk Replaoanent (Contract No. I 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. 3138 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, GaT AFRICAN Itd51RANCE MANY
duly authorized to transact business under the laws of the
State of California, as Surety, (referred to herein as "Sure t " Eire held firmly bound unto the City of
Newport Beach, in the sum of Tweiaty six thous a tt n pd Dollars ($2&,3JZ..bo
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.
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
5/97
..;..
,r.
t _.
.. -� ;, ,
Page 8A
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 16TH day of JUNE / .19 97� +. =
Keiter Corporation
Name of Contractor (Principal)
GREAT AMERICAN INSURANCE COPPANY
Name of Surety
750 THE CITY DR. SO= #300 ORANGE, CA 92868
Address of Surety
Title
"u
Signature
KELLY A. SAITMAN ATTORNEY =IN -FACT
Title
714/740 -2400
Telephone
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
5/97
A \ i
yl
s
.s
H
c
1
STATE OF C 1i IFORNIA J,
On &/a/1 before me, �� Vim' = personally
appeared IL-&rl� AA 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 that he /she /they executed the some In his /her /their
authored copaclty(les), and that by his /her /their signature(s) on the Instrument the person(s) or entity upon
behalf of which the person(s) acted, executed the Instrument.
WITNESS rr
Signature
Qu�/E. LOPEZ
COMM. # 1012289 z Notory Public — California
ORANGE COUNTY
y Comm. EXPlres JAN 25, 1998
CALIFORNIA
ALL PURPOSE ACKNOWLEDGEMENT
-STATE OF CALIFOR14IA
S.S.
COUNTY OF San Bernardino )
On �(/ G��% , before me,
Frances Lefler, Notary Public , personally appeared
Kelly A. Saitman ,
X personally known to me;
or proved to me on the basis of satisfactory evidence to be the
person(g) whose names) is%lexsubscribed to the within instrument and
acknowledged to me that (2c /she /tae'y9 executed the same in
=tK/her /th)a m authorized capacity(bs;T, and that the entity upon
behalf of which the person W) acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
Signature of Not Public
CAPACITY CLAIMED BY SIGNER:
Though statute does not require the notary to fill in the data below;
doing so may prove invaluable to persons relying on the document.
Individual(s)
Corporate Officer(s)
Titles
Partner(s)
Attorney -in -Fact
Trustees)
Guardian /Conservator
Other:
Signer is representing:
and
and _
Limited General
++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++
ATTENTION NOTARY: Although the information requested below is
optional, it could prevent fraudulent attachment of this certificate
to unauthorized document.
Title of type of document: Bond
Number of pages:
Date of document:_
Signer(s) other than named above: none
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE.
iusns
EXECUTED IN FU MWERPARiS
:• D •
RE ri
Page 9
(The premium charges on this Bond is $ 658.0 being at the rate of
$ 25. _ thousand of the Contract price.
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted Jame 9, 1997 has awarded to Keiter C&POration
hereinafter designated as the "Principal', a contract for
No. 3138 ) 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. 3138 and
the terms thereof require the furnishing of a Bond for the faithful performance of the Contract;
NOW, THEREFORE, we, the Principal, and GREAT-NUICAN INSURANCE COWFNY
' 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 - uo ss civ r'micaad 9evm i f v Dollars ($26 317.00 ), 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.
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.
5/97
x
E
0
Page 9A
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'PnncySal -arid-
Surety above named, on the 16TH day of JUNE ,y9yZ.
Keiter Corporation
Name of Contractor (Principal)
GREAT PMICAN INSURANCE COAPANY
Name of Surety
750 THE CITY DR SOUTH #300
Address of Surety
ORANGE, CA 92868
714/740-2400
Telephone
KELLY A: SAT8d4N
ATME'frIN -FACT
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
5/97
..�
. ,.
� 'elf ��
�!,(_ � ^
e � � � ,
e
...: _ _ .. - a.
r ��
�
t
e � � � ,
e
...: _ _ .. - a.
STATE OF CALIFORNIA )SS.
oxmy cF� \7 , C, )
On l� ��_� before me, \A \�- , personally
appeared KE47�f/��. 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 some In his /her /their
authorized capacity(les), and that by his /her / thelr signature(s) on the Instrument the person(s) or entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand .and official se I. .
Signature
DIANE E. LOPEZ
COMM. t 1012289 z
.�, •; Notary Public — California
ORANGE COUNTY
My Comm. Expires JAN 25, 1998
0 CALIFORNIA 0
ALL PURPOSE ACKNOWLEDGEMENT
-STATE OF CALIFORNIA
S.S.
COUNTY OF San 7Bernardino )
On lG (G� ij l , before me,
Frances Lefler, Notary Public , personally appeared
Kelly A. Saitman ,
X personally known to me;
__ or proved to me on the basis of satisfactory evidence to be the
person(l) whose name(e) is/A=exsubscribed to the within instrument and
acknowledged to me that ()he( /she /thiayq executed the same in
=S( /her /th)0ft authorized capacity ( , and that the entity upon
behalf of which the person(() acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
Signature of Nota Public
CAPACITY CLAIMED BY SIGNER:
Though statute does not require the notary to fill in the data below,
doing so may prove invaluable to persons relying on the document.
Individual(s)
__Corporate Officer(s)
Titles
Partner(s)
Attorney -in -Fact
Trustee(s)
Guardian /Conservator
Other:
Signer is representing:
and
and
Limited General
++++++++++++++++++++++++++++ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++
ATTENTION NOTARY: Although the information requested below is
optional, it could prevent fraudulent attachment of this certificate
to unauthorized document.
Title of type of document: Bond
Number of pages:
Date of document:—
Signer(s) other than named above: none
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUIUMT DESCRIBED ABOVE.
msr�
GWO AMERICAN INSURMICE COMPANY
580 WALNUT STREET . CINCINNATI, OHIO 45202 • 513 - 369 -5000 • FAX 513 - 723 -2740
The number of persons authorized by
this power of attorney is not more than
FOUR POWER OF ATTORNEY
No. 013672
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized
and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below
its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds,
undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any
such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name
Address Limit of Power
JAY P. FREEMAN
ALL OF ALL
KELLY A. SAITMAN
ONTARIO, UNLIMITED
DONALD R. DES COMBES
CALIFORNIA
DI5 T. DeGRAW
This ower of Attorney revokes all previous powers issued
in behalf of the attorney(s) -in -fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSU
RANCE COM PANY has caused these presents to be signed and attested by
its appropriate officers and its corporate .seal hereunto affixed this
8th day of February 1 19 96
Attest
GREAT AMERICAN INSURANCE COMPANY
STATE OF OH 10, COUNTY OF HAM 11-TON ss:
On this 8th day of February, 1996 . before me personally appeared GARY T. DUNBAR, to me
known, being duly sworn, deposes and says that he resided in Cincinnati. Ohio, that he is the President of the Bond Division of Great American
Insurance Company, the Company described in and which executed i he above instrument; that he knows the scat; that it was so affixed by authority
of his office under the By -Laws of said Company, and that he signed his name thereto by like authority.
phis Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American
Insurance Company by unanimous written consent dated March I, 1993.
R E:SOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one ofthem, be
and hereby is authorized, I rorn time i o time, to appoint one or more Attorneys' -1 n -Pact to execute on behalf of the CompaR y, as surety, an v and all
bonds, undertakings and contracts ofsurctyship, or other written obligations in the nature ihereoli to prescribe their respective duties and the
tespective limits of their authority: and to revoke ant, such appointment at any time.
RESOLVED FURTHER: That the Companv seal and the signature of any of the aforesaid officers and any Secretary or Assistant
Secretary of the Companv may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond,
undertaking, contract or.suretvship, orother written obligation in the nature thereol'suchsigmuureandseal whenso used beinghcrebv adopted by
the Companv its the original.signuture of such ollicer and the original seal of the Company. to he valid and binding upon the Companv with the
same force and effect as though manually affixed.
CER'FIFICA'ftON
I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of
.Attorney anti the Resolutions of the Board of Directors of March 1. 1993 have not been revoked and arc now in full force and effect.
Signed and scaled this
16TH day of .. JUNE .19 97
• . 1 •
STATE P.O. BOX 420807,-SAN FRANCISCO, CA 94142 -0807
COMPENSATION
I N S U R A N C E
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
JUNE 18, 1997 POLICYNUMBER1265552 — 97
CERTIFICATE EXPIRES: 4-1-98
F-
CITY OF NEWPORT BEACH
DEPT OF BUILDING AND SAFETY
P O BOX 1768
NEWPORT BEACH, CA 92663 -3884 JOB: INSURANCE VERIFICATION
L
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
ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE
06/18/97 IS ATTACHED TO AND FORMS A PART OF THIS POLICY.
THIRD PARTY NAME: CITY OF NEWPORT BEACH
SPECIMEN ENDORSEMENT #2570 ATTACHED.
EMPLOYER
F-
KEITER CORPORATION
535 S. TOPSIDE PLACE (FAX)
DIAMOND BAR CA 91765
0
AN 2 3 Igg/
ERTIFICATE OF INSURANC
o6 /16/97
PROGYCER
COMPANIES AFFORDING COVERAGE
a Averbeck Company
COMPANYA
LETTER Ranger Insurance Company
3270 Inland Empire Blvd. #100
Ontario, CA 91764
COMPANY
LETTER
INSURED
COMPANY C
Keiter Corporation
LETTER
COMPANY
535 South Topside Place
Diamond Bar, CA 91765
LETTER
COMPANY E
LETTER
COVERAGES
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES AND IS NOT AMENDED, EXTENDED OR ALTERED BY THIS CERTIFICATE.
co
POLICY
EFFECTIVE
EXPIRATION
LTR
TYPE OF INSURANCE
NUMBER
DATE
DATE
ALL LIMITS IN THOUSANDS
GENERAL LIABILITY
A
(OCCURENCE BASIS ONLY)
GENERAL AGGREGATE
S 21000,
COMMERCIAL
GL0675234
04/21/97
04/21/98
COMPREHENSIVE
PRODUCTSICOMPLETED
S 1,000,
OWNERS& CONTRACTORS
OPERATIONS AGGREGATE
PROTECTIVE
CONTRACTUAL FOR SPECIFIC
PERSONAL INJURY
S 1,000,
CONTRACT
PRODUCTSICOMPLETEO OPERATION
EACH OCCURENCE
5 1,000,
XCU HAZARDS
BROAD FORM PROPERTY DAMAGE
SEVERABILITY OF INTEREST CLAUSE
FIRE DAMAGE
S
(ANYONE FIRE)
50,
P. 1, WITH EMPLOYEE EXCLUSION
MEDICAL EXPENSES
S cj ,
REMOVED
MARINE
(ANY ONE PERSON)
AUTOMOBILE LIABILITY
COMBINED
SBA352194
04/21/97
04/21/98
SINGLE LIMIT
11000.
BODILY INJURY
(PER PERSON)
S
ANY AUTO
ALL OWNED AUTOS
'L SCHEDULED AUTOS
X MIRED AUTOS
BODILY INJURY
(PER ACCIDENT)
S
X NON -OWNED AUTOS
GARAGE LIABILITY
PROPE
DAMAGE
S
-�
EXCESS LIABILITY
�;w..ny3i ^'`.
EACH
AGGREGATE
OCCURENCE
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
S
S
WORKERS' COMPENSATION
STATUTORY
S
EACH ACCIDENT
&
S
DISEASE - POLCY LIMIT
EMPLOYERS' LIABILITY
$
DISEASE -EACH EMPLOYEE
OTHER
5
DESCRIPTION OF OPERATIONS/ LOCATIONSNEHICLE S/RESTRICTIONS/SPECIAL ITEMS: ALL OPERATIONS PERFORMED FOR THE CITY OF
NEWPORT BEACH BY OR ON BEHALF OF THE NAMED INSURED IN CONNECTION WITH, BUT NOT LIMITED TO THE FOLLOWING CONTRACT:
Eastbluff Park Sidewalk Replacement Contract No. 3138
. PROJECT TITLE AND CONTRACT NUMBER
CERTIFICATE HOLDER
CANCELLATION
ADDITIONALLY INSURED
SHOULD AN OFT HE ABOVE DESCRIBED SE NON - RENEWED. CANCELLED OR
CITY OF NEWPORT BEACH
COVERAG R DUCED BEFORE THE E %PIRATI ATE THE COMPANY AFFORDING
RIP TL
P.O. BOX 1768
COVERACit SIfIALL PROVIDE 30 DA IM DVANCE NOTIC TO THE CITY OF
3300 NEWPORT BOULEVARD
NEWPOR B CHBYFIRSTC L
`
� f 7
NEWPORT BEACH, CALIFORNIA 92658 -8915
+ /
ATTENTION: Stephen LUY
AUTHORIZED R PRESENTATIVE ISSUEDATE
0
E
GENERAL LIABILITY INSURANCE ENDORSEMENT
It is agreed that:
Page 11
1. With respect to such insurance as is afforded by the policy for General Liability, the City of
Newport Beach, its officers and employees are additional insureds, but only with respect to
liability arising out of operations performed by or on behalf of the named insureds in
connection with the contract designated below or acts and omissions of the additional
insureds in connection with its general supervision of such operations. The insurance
afforded said additional insured(s) shall apply as primary insurance and no other insurance
maintained by the City of Newport Beach shall be called upon to contribute with insurance
provided by this policy.
2. The policy includes the following provision:
"The insurance afforded by the policy applies separately to each
insured against whom claim is made or suit is brought, except with
respect to the limits of liability of the company affording coverage.
3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the
terms, conditions and exclusions applicable to such insurance) includes liability assumed
by the named insured under the indemnification or hold harmless provision contained in
the written contract designated below, between the named insured and the City of
Newport Beach.
4. With respect to such insurance as is afforded by this policy, the exclusions, if any,
pertaining to the explosion hazard, collapse hazard and underground property hazard
(commonly referred to as "XCU" hazards) are deleted.
5. The limits of liability under this endorsement for the additional insured(s) named in
Paragraph 1 of this endorsement shall be the limits indicated below written on an
"Occurrence" basis:
C� Commercial () Comprehensive
General Liability $ 1,000,000 each occurrence
$ 2,000,000 aggregate — general
$1,000,000 aggregate — products /completed
The applicable limit of Contractual Liability for the company affording coverage shall beoperatio,
reduced by any amount paid as damages under this endorsement in behalf of the
additional insured(s).
The limits of liability as stated in this endorsement shall not increase the total liability of the
company affording coverage for all damages as the result of any one occurrence in excess of the
limits of liability stated in the policy as applicable to General Liability Insurance.
5/9]
Page 11A
6. Should the policy be non - renewed, canceled or coverage reduced before the expiration
date thereof, the Issuing Company shall provide 30 days' advance notice to the City of
Newport Beach by registered mail. Attention: Public Works Department.
7. Designated Contract: Fastbluff Park Sidewalk Replacement Contract No. 3138
Project Title and Contract No.
This endorsement is effective 06/16/97 at 12:01 a.m. and forms a part of Policy
No. of Ranger Ins. Co. (Company Affording Coverage).
Keiter Corporation
- Endorsement
ISSUING COMPANY
By: 174
Authorized Representati e
5/97
0
AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT
It is agreed that:
Page 12
1. With respect to such insurance as is afforded by the policy for Automobile Liability, the City
of Newport Beach, its officers and employees are additional insureds, but only with respect
to liability for damages arising out of the ownership, maintenance or use of automobiles (or
autos) used by or on behalf of the named insured in connection with the Contract
designated below. The insurance extended by this endorsement to said additional insured
does not apply to bodily injury or property damage arising out of automobiles (1) owned by
or registered in the name of an additional insured, or (2) leased or rented by an additional
insured, or (3) operated by an additional insured. The insurance afforded said additional
insured(s) shall apply as primary insurance and no other insurance maintained by the City
of Newport Beach shall be called upon to contribute with Insurance provided by this policy.
2. The policy includes the following provision:
"The insurance afforded by the policy applies separately to each
insured who is seeking coverage or against whom a claim is made
or suit is brought, except with respect to the limits of liability of the
company affording coverage."
3. The limits of liability under this endorsement for the additional insureds named in
Paragraph 1 of this endorsement shall be the limits indicated below for either Multiple
Limits or Single Limit:
() Multiple limits
Bodily Injury Liability $ per person
Bodily Injury Liability $ per accident
Property Damage Liability $
U Combined Single Limit
Bodily Injury Liability &
Property Damage Liability $ 1,000,000
The limits of liability as stated in this endorsement shall not increase the total liability of the
company affording coverage for all damages as the result of any one accident or
occurrence in excess of the limits of liability stated in the policy as applicable to Automobile
Liability Insurance.
5/97
•
Page 12A.. .. _
4. Should the policy be non - renewed, canceled or coverage reduced before the expiration
date thereof, the Issuing Company shall provide 30 days' advance notice to the City of
Newport Beach by registered mail, Attention: Public Works Department.
5. Designated Contract: Factbluff Park Sidewalk Replacelent Contract No. 3138
Project Title and Contract No.
This endorsement is effective 06/16/97 at 12:01 a.m. and forms a part of Policy
No. of Ranger Tn c (In (Company Affording Coverage).
Insured: Kg—it—pr rnr= n, pf- i nn Endorsement No.:
ISSUING COMPANY
By: 'I., W 6/z
A horized Represe tative
5/9]
END. NO.
(PAGE 2 OF 2)
7� NOTICE OF CANCELLATION OR NON - RENEWAL
IT IS AGREED THAT THE COMPANY WELL PROVIDE THE ADDITIONAL INSURED
SHOWN BELOW WITH 30 DAYS NOTICE OF CANCELLATION OF THIS POLICY IN THE
EVENT OF CANCELLATION DUE TO COMPANY ELECTION ONLY.
F] WAIVER OF SOBROGATION
IT IS AGREED THAT WE WAIVE ANY RIGHT OF RECOVERY WE MAY HAVE AGAINST
THE PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE BECAUSE OF PAYMENT
WE MARE FOR INJURY OR DAMAGE ARISING OUT OF "YOUR WORK" DONE UNDER A
CONTRACT WITH THAT PERSON OR ORGANIZATION. THE WAIVER APPLIES ONLY
TO THE PERSON OR ORGANIZATION SHOWN IN THE SCHEDULE_
SCHEDULE
NAME OF PERSON OR ORGANIZATION
GLO675234 lKeiter Corporation
6/16/97
laeuinp Cartier DulyAuthorized Re enMM
Ranger Insurance Company A )�� q 7 /%
END. NO.
(PAGE 1 OF 2)
ADDITIONAL INSURED PROVISIONS
(y,), pup rprjc uu..i
IT IS AGREED THAT THE FOLLOWING PROVISION(S) AMEND THE COVERAGE PROVIDED
TO THE ADDITIONAL INSURED(S) NAMED IN THIS ENDORSEMENT AS FOLLOWS: (ONLY
THOSE CHECKED APPLY)
0 PRIMARY INSURANCE CLAUSE
IT IS AGREED THAT SUCH INSURANCE AS IS AFFORDED BY THIS POLICY FOR THE
BENEFIT OF THE ADDITIONAL INSURED SHOWN SHALL BE PRIMARY INSURANCE,
AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSURED(S) SHALL
BE EXCESS AND NON- CONTRIBUTORY, BUT ONLY AS RESPECTS ANY CLAIM, LOSS
OR LIABILITY ARISING OUT OF THE OPERA'T'IONS OF THE NAMED INSURED(S) OR ITS
SUB - CONTRACTORS, AND ONLY IF SUCH CLAIM, LOSS OR LIABILITY IS
DETERMINED TO BE SOLELY THE NEGLIGENCE OR RESPONSIBILITY OF THE NAMED
INSURED,
Q HOLD HARMLESS CLAUSE
IT IS AGREED THAT SUCH INSURANCE AS IS AFFORDED BY THIS POLICY FOR THE
BEti -EFTT OF THE ADDITIONAL INSURED SHOWN BELOW SHALL INDEMNIFY AND
HOLD HARMLESS THE ADDITIONAL INSURED, BUT ONLY AS RESPECTS ANY CLAIM,
LOSS OR LIABILITY ARISING OCT OF THE OPERATIONS OF NAMED INSL-RED(S) OR
ITS SUB - CONTRACTORS.
F7 SEVERABILITY OF INTEREST
IT IS AGREED THAT SUCH INSURANCE AS IS AFFORDED BY THIS POLICY FOR THE
BENEFIT OF THE ADDITIONAL INSURED SHOWN BELOW SHALL APPLY SEPARATELY
TO EACH ADDITIONAL INSURED AGAINST WHOM A CLAIM IS MADE OR SUIT IS
BROUGHT, EXCEPT WITH RESPECTS TO THE LIMITS OF INSURANCE UNDER THIS
CL00675234 IKeiter Corporation
Ranger Insurance Company
6/16/97
AGREEMENT
•
Page 13
THIS AGREEMENT, entered into this 9th day of Jame 1g 91 by and
between the CITY OF NEWPORT BEACH, hereinafter "City;' and Ke te COrPOratiOn
, hereinafter "Contractor," is made with reference to the following facts:
5/97
A. City has advertised for bids for the following described public work:
Eastbluff Park Sidewalk Replace- (project ") 3138
Project Description mPnt Contract No.
B. Contractor has been determined by City to be the lowest responsible bidder and
Contractor's bid, and the compensation set forth in this Contract, is based upon
Contractor's careful examination of all Contract documents, plans and specifi-
cations.
NOW, THEREFORE, the City and Contractor agree as follows:
1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of
the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal,
Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and
Materials Payment Bond, Permits, Plans, General Conditions, Standard Plans and
Specifications, Plans and Special Provisions for Contract No. 3138 , Standard
Specifications for Public Works Construction (current edition) and all supplements
and this Agreement, and all modifications and amendments thereto (collectively
the "Contract Documents "). The Contract Documents comprise the sole
agreement between the parties as to the subject matter therein. Any
representations or agreements not specifically contained in the Contract
Documents are null and void. Any amendments must be made in writing, and
signed by both parties in the manner specified in the Contract Documents.
2. SCOPE OF WORK Contractor shall perform everything required to be performed,
and shall provide and furnish all the labor, materials, necessary tools, expendable
equipment and all utility and transportation services required for the Project:
All of the work to be performed and materials to be furnished shall be in strict
accordance with the provisions of the Contract Documents. The Contractor is
required to perform all activities, at no extra cost to the 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 Twenty six thousand three hundred
seventeen Dollars
5)97
This compensation includes:
0
Page 14
(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.
5. WRITTEN NOTICE Any written notice required to be given under the Contract
Documents shall be performed by depositing the same in the U.S. Mails, postage
prepaid, directed to the address of the Contractor and to the City, addressed as
follows:
C
CT
The City of Newport Beach
3300 Newport Boulevard
P O Box 1768
Newport Beach, CA 92658 -8915
ATTN: Stephen Luy
CONTRACTOR
Keiter Corporation
535 Topside Place
Diamond Bar, CA 91765
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.
5/97
Page 15
► u
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.
VERIFICATION OF COVERAGE
Contractor shall furnish the City with certificates of insurance and with original
endorsements effecting coverage required by this Agreement. 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, on forms
provided by the City. All certificates and endorsements are to be received and
approved by the City before work commences. The City reserves the right to
require complete, certified copies of all required insurance policies, at any
time.
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 the Contractor, his agents, representatives, employees or subcontractors.
The cost of such insurance shall be included in the 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 CG 0001 (Edition 11/85) or Insurance Services Office form
number GL 0002 (ed. 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.
u�u •
Coverage limits shall be no less than:
1. General Liability: $1,000.000; ombined 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.
i
_'" , _.... _::;+`ms.�f.Y��'Si %..,,•_. ?cis :._.. u..�:�_...� �u �:-''. ' „i�.'�'%' ::_ -� ".��,:� --
5/97
Page 16
2. Automobile Liability: $1,000,000 combined single limit per accident for
bodily injury and property damage.
3. Workers' Compensation and Employers Liability: Workers' compensation
limits as required by the Labor Code of the State of California and Employers
Liability limits of $per accident.
C. DEDUCTIBLES AND SELF - INSURED RETENTIONS
Any deductibles or self- insured retentions must be declared to and approved
by the City. At the option of the City, either: the insurer shall reduce or
eliminate such deductibles or self- insured retentions as respects the City, its
officers, officials, employees and volunteers; or the 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. The 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 the Contractor, including the
insured's general supervision of the Contractor; products and
completed operations of the Contractor; premises owned, occupied or
used by the Contractor; or automobiles owned, leased, hired or
borrowed by the Contractor. The coverage shall contain no special
limitations on the scope of protection afforded to the City, its officers,
officials, employees or volunteers.
b. The Contractor's insurance coverage shall be primary insurance as
respects the City, its officers, officials, employees and volunteers. Any
insurance or self- insurance maintained by the 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 the City, its officers, officials, employees
and volunteers.
d. The 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.
._.u. ,.� tea:,..,.. �... ._......n r
5/97
Page 17
e. The insurance afforded by the policy for contractual liability shall
include liability assumed by the contractor under the
indemnification /hold harmless provision contained in this Agreement.
2. Workers' Compensation and Employers Liability Coveragg
The insurer shall agree to waive all rights of subrogation against the City, its
officers, officials, employees and volunteers for losses arising from work
performed by the Contractor for the City.
3. All Coverages
Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled 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 the City.
E. Acts of God: Pursuant to Public Contract Code Section 7105, the 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: The 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 the CONTRACTOR hereunder until the CONTRACTOR
demonstrates compliance with the requirements of this article.
8. RESPONSIBILITY FOR DAMAGES OR INJURY
A. The 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. The 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.
C. The Contractor shall indemnify, hold harmless, and defend the 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 Consultant, its employees, agents or subcontractors in the performance of
.,
5/97
Page 18
services or work conducted or performed pursuant to this Agreement; (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 or defend City from the sole
negligence or willful misconduct of City, its officers or employees.
D. To the extent authorized by law, as much of the money due the Contractor under
and by virtue of the Contract as shall be considered necessary by the 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 Agreement.
F. The rights and obligations set forth in this Article shall survive the termination of
this Agreement
9. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Agreement and all
other Contract Documents by the Contractor is a representation that the 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.
i
is
Page 19
10. 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 hereto have caused this contract to be executed the
day and year first written above. aE.xrp��T
ATTEST: O� Qt's CITY OF NEWPORT BEACH
m kit i Municipal Corporation
CITY CLERK
APPROVED AS TO FORM:
CITY ATT NEY
ATTEST.
CITY CLERK
F:1ca1!%debbieNagWd.doc
RC:da 05-07 -97
5/97
Keitsr Corporation
Name of Contractor
Authorized to Publish Advertisements of all kinds ding public notices by
Decree of the Superior Court of Orange County, Arnia, Number A•6214,
September 29, 1961, and A -24831 June 11, 1963.
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) SS.
County of Orange }
I am a Citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to
or interested in the below entitled matter. i
am a principal clerk of the NEWPORT
BEACH -COSTA MESA DAILY PILOT, a
newspaper of general circulation, printed and
published in the City,of Costa Mesa, County
of Orange, State of California, and that
attached Notice is a true and complete copy
as was printed and published on the
following dates;
MAY 14, 1997
I declare, under penalty of perjury, that the
foregoing is true and correct.
Executed on MAY 14, 1997
at Costa Mesa, California.
'71� L=::-
PUBLIC NOTICE
BIDS
noy be
lily, of
6916 until 11:W a.m. on
the 27th day of May, 1997,
at which Ome such bids
shall be opened and food
Enggineer's Estimate
X633,000.00
Approved by William
Felipe", City Engineer
Prospective bidders may
obtain one set of bid docu-
i Monts at no coat at the of-
lice of the Public Works.
I Department, 3300 Newport
Boulevard, P.O. Box 1768,
- Newport Beach, CA 92658
8915.
For further information,'
:call Stephen Luy, Protect
Manager, at 644 -3330.
Published Newport
Beach -Costa - Mesa Dailyi
Pilot May 9, 14, 1997.
FW882!
July 1, 1997
0 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Gillespie Construction
245 Fischer Ave., Suite B -3
Costa Mesa, CA 92626
Gentlemen:
(714) 6443005
C ->
Thank you for your courtesy in submitting a bid for the Eastbluff Park Sidewalk
Replacement project in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal. 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 similar nature.
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
Enclosure
3300 Newport Boulevard, Newport Beach
July 1, 1997
0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Hi Tech Pro Construction Co.
23011 Moulton Pkwy, Suite C2
Laguna Hills, CA 92653
Gentlemen:
(714) 6443005
Thank you for your courtesy in submitting a bid for the Eastbluff Park Sidewalk
Replacement project in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal. 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 similar nature.
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
Enclosure
3300 Newport Boulevard, Newport Beach
July 1, 1997
Li
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Nobest, Inc.
P.O. Box 874
Westminster, CA 92684
Gentlemen:
(714) 6443005
Thank you for your courtesy in submitting a bid for the Eastbluff Park Sidewalk
Replacement project in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal. 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 similar nature.
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
Enclosure
3300 Newport Boulevard, Newport Beach
July 1, 1997
• i
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
LGT Enterprises
P.O. Box 3905
Tustin, CA 92781 -3905
Gentlemen:
(714) 6443005
Thank you for your courtesy in submitting a bid for the Eastbluff Park Sidewalk
Replacement project in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal. 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 similar nature.
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
Enclosure
3300 Newport Boulevard, Newport Beach
July 1, 1997
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Southland Construction
211 So. State College #507
Anaheim, CA 92806
Gentlemen:
(714) 644 -3005
Thank you for your courtesy in submitting a bid for the Eastbluff Park Sidewalk
Replacement project in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal. 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 similar nature.
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
Enclosure
3300 Newport Boulevard, Newport Beach
July 1, 1997
n
u
L
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Damon Const. Co.
455 Carson Plaza Dr., Unit F
Carson, CA 90746
Gentlemen:
(714) 644 -3005
Thank you for your courtesy in submitting a bid for the Eastbluff Park Sidewalk
Replacement project in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal. 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 similar nature.
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
Enclosure
3300 Newport Boulevard, Newport Beach