HomeMy WebLinkAboutC-3180 - Back Bay Drive Roadway and Bridge Approach RepairCITPOF NEWPORT ARCH
PUBLIC WORKS DEPARTMENT
3300 NEWPORT BLVD.
PO. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3311
iT
April 14, 1999
Mr. Alfred Bitelli, President
Heritage Engineering Construction, Inc.
P. O. Box 850
Ontario, CA 91761 -8850
m
Subject: Stop Notice for work performed for Summit Contracting, Back Bay Drive Roadway &
Bridge Approaches Repair,C -3180
Dear Mr. Binelli:
Please be apprised that Summit Contracting, the Prime Contractor, disputes the $4,420.61
Stop Notice issued by your firm for work performed on Back Bay Drive. The Contractor has
requested to bond around the stop notice and has submitted a release bond. In accordance
with Section 3196 of the Civil Code, the City consents and has accepted the release bond equal
to 125% of the stated claim in the stop notice.
If you have any questions, please contact Horst Hlawaty at (949) 644 -3311.
Sincerely,
4
Bill Patapoff, RE
City Engineer
By: /10--ev li Aaw
Horst Hlawaty, P.E.
Construction Engineer
Attachment (Bond)
cc: Don Webb, Public Works Director
Robin Clauson, Assistant City Attorney
LaVonne Harkless, City Clerk
Summit Contracting
F: \Users\PBW \Shared \Contracts \98 \Back -bay 0-31 Wherita9e.doc
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Fireman's i Bond No.: 1 1 1 274 1 0345
1
Fund Premium : $100.00
pin
BOND TO RELEASE MONEY WITHHELD ON CLAIMS
( SECTION CIVIL CODE )
KNOW ALL MEN BY THESE PRESENTS:
That Gaean Corporation DBA Summit Contracting as Principal,
and The American Insurance Company a corporation, created,
organized and existing under and by virtue of the laws of the State of Nebraska , and
authorized to transact a surety business in the State of California, as Surety, hereby
acknowledge themselves bound in the full sum of Five Thousand Five Hundred Twenty -
Five and 76/100 ----- ---- ----- - - - - -- ($ 5 525.76 j Dollars lawful money of
the United States of America, unto City of Newport Beach
, and to the claimant hereinafter named,
all herein designated as the Obligee of this bond, for the payment of which sum, well and truly
to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
Dated this 12th day of April , 19 99
THE CONDITION OF THIS OBLIGATION IS SUCH THAT:
WHEREAS,
Gaean Corporation DBA Summit Contracting _ heretofore
entered into a
contract
with Heritage
Engineering Construction Inc.
_, for
Labor
and equipment @
Backbay Drive between San Joaquin Hills &
Shellmaker
Road,
Newport Beach,
CA,
and
WHEREAS,
Heritage Engineering
Construction Inc. has
filed with the
Obligee
verified claim and
withhold notice for the total sum of Four Thousand, Four
Hundred Twenty and 61/100
--------- --- -- - --- -- ($4,420.61
) Dollars, and
WHEREAS, the said Principal disputes the correctness and validity of the claim of
said Heritage Engineering
Construction Inc.
and has
requested that the Obligee permit
said Principal to deliver to
said Obligee a bond executed by
a corporation authorized to issue
a surety bond in the State of
California in
a penal sum equal
to one and one - fourth times the amount of said claim and upon delivery of the
said bond to said
Obligee that the monies withheld
on account of said claim may
be released to
said Principal,
nd said Obligee has consented to
permit said Principal to file
said bond and
thereupon release
he money so withheld on account
of said claim.
OW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall
ully protect and defend the Obligee named herein against any loss by reason of or arising out
f the acceptance of this bond or the release of said monies or the payment thereof to said
rincipal, and shall pay any sum which the said claimant may recover on such claim together
ith the cost of suit in said action not exceeding the penal sum of the bond, then this
bligation shall be null and void; otherwise to remain in full force and effect.
w
N WITNESS WHEREOF, the signature of the said Principal is hereto affixed and the corporate
eal and name of said Surety is hereto affixed by its duly authorized Attorney -In -Fact this
12th day of April 19, 99 .
Gaean Corporation DBA
summit Contracting
Principal
By:
The American Insurance Compan
Surety
By:
Tenz r V.
Cunningha
,
Attorney -Fact
-Fact
f Acknowledgement
IFORNIA l
Orange 1
April 12, 1999 before me, Maria Stoll, Notary Public
ared Tenzer V. Cunningham
wn to me (or proved is me 's Af'sa6isfae6eey ev+denee) to be the person(s) whose narne(sQare subscribed to the
ent and acknowledged to me tha h he /they executed the same in&her /their authorized capacity(ies), and that by
ignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
hand and official seal. t'--
� @kV MARIA STOLL L
(Seal) > COMM. #1212117
oA ECaMy
Camrt Exp. M"31,2003
Fireman's
Fund
0
Bond No.: 111 2741 0345
Premium $100.00
BOND TO RELEASE MONEY WITHHELD ON CLAIMS
( SECTION CIVIL CODE)
KNOW ALL MEN BY THESE PRESENTS:
C -3�$o
That Gaean Corporation DBA Summit Contracting as Principal,
and The American Insurance Company a corporation, created,
organized and existing under and by virtue of the laws of the State of Nebraska , and
authorized to transact a surety business in the State of California, as Surety, hereby
acknowledge themselves bound in the full sum of Five Thousand, Five Hundred Twenty -
Five and 76/100 -------------- - - - - -- ($ 5,525.76 ) Dollars lawful money of
the United States of America, unto City of Newport Beach
, and to the claimant hereinafter named,
all herein designated as the Obligee of this bond, for the payment of which sum, well and truly
to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
Dated this 12th day of April , 19 99
THE CONDITION OF THIS OBLIGATION IS SUCH THAT:
WHEREAS, Gaean Corporation DBA Summit Contracting heretofore entered into a
contract with Heritage Engineering Construction, Inc. , for
Labor and equipment @ Backbay Drive between San Joaquin Hills & Shellmaker
Road, Newport Beach, CA. and
WHEREAS, Heritage Engineering Construction, Inc. has filed with the
Obligee verified claim and withhold notice for the total sum of Four Thousand, Four
Hundred Twenty and 61/100 -------------- - - - - -- ($4,420.61 ) Dollars, and
WHEREAS, the said Principal disputes the correctness and validity of the claim of
said Heritage Engineering Construction, Inc. and has
requested that the Obligee permit said Principal to deliver to said Obligee a bond executed by
a corporation authorized to issue a surety bond in the State of California in a penal sum equal
to one and one - fourth times the amount of said claim and upon delivery of the said bond to said
Obligee that the monies withheld on account of said claim may be released to said Principal,
and said Obligee has consented to permit said Principal to file said bond and thereupon release
the money so withheld on account of said claim.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall
fully protect and defend the Obligee named herein against any loss by reason of or arising out
of the acceptance of this bond or the release of said monies or the payment thereof to said
Principal, and shall pay any sum which the said claimant may recover on such claim together
with the cost of suit in said action not exceeding the penal sum of the bond, then this
obligation shall be null and void; otherwise to remain in full force and effect.
i
IN WITNESS WHEREOF, the signature of the said Principal is hereto affixed and the corporate
deal and name of said Surety is hereto affixed by its duly authorized Attorney -In -Fact this
12th day of April 19, 99 .
Gaean Corporation DBA
Summit Contractine
Principal
The American Insurance Company
QSu rety
By:
Tenz Vr V. Cuhningh' ,
Attorney -In -Fact
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• WE MAN'S FUND INSURANCE COMPAQ
NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION
THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation. NATIONAL SURETY CORPORATION.
an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY
CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri corporation, (herein collectively called -the
Cumpanies') does each hereby appoint Tenzer V. Cunningham, Tustin, CA
their true and lawful Attomey(s )-in -Fact with full power of authority hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver anv and all
bonds, undertakings, recognirances or other written obligations in the nature thereof --------------------------- -------------------------------
and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seals of the Companies and duly
attested by the Companies' Secretary, hereby ratifying and confirming all that the said Anomev(s) -in -Fact may do in the premises.
This tower of attonev is granted under and by the authority of Article VII of the By -laws of FIREMAN'S FUND INSURANCE COMPANY. NATIONAL SURETY
CORPORATION. THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITI' CORPORATION and AMERICAN AUTOMOBILE INSURANCE
COMPANY which provisions are now in full force and effect.
This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE
COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN
AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held, or by written consent, on the 19th day of March, 1995, and said Resolution has not been
0 amended or repealed:
"RESOLVED, that the signature of any Vice - President, Assistant Secretary, and Resident Assistant Secretary of the Companies, and the seal of the
Companies may be affixed or printed on any power of attorney, on any revocation of anv power of attorney, or on any certificate relating thereto, by
facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall
be valid and binding upon the Companies."
IN WITNESS WHEREOF, the Companies have caused these presents to be signed by their Vice- President, and their corporate seals to be hereunto affixed
this 12 day of October , 1998
wur,na,M1 y r, f�q'�
JPET~CO "'\� �ai��'•Cei PE�'^i N•+q�'(i 410E Y 'Pit'`i S`a�Lf IMJ`'..
9 oP°°n, 9,0 ;.•. •' . /.•• •.,rocs 1 ;ao ±...........�y••;;-
Q? a0 '•�E/�i�Q((':' �{ff 1J1 �ja f {3'. _•_. +�'`-
E
•^M,rylaun'! .°
STATE OF CALIFORNIA
55.
COUNTY 01 MP,RIN
FIREMAN'S FUND INSURANCE COMPANY
NATIONALSURETY CORPORATION
THE AMERICAN INSURANCE COMPANY
ASSOCIATED INDEMNITY CORPORATION
AMERICAN AUTOMOBILE INSURANCE COMPANY
By
Yc PmMeni
On this 12 day of October 1998 , before me personally came M. A. Mallonee to me known, who, being by me
duly sworn, did depose and say: that he is a Via - President of each company, described in and which executed the above instrument; that he knows the seals of the said
Companies: that the seals affixed to the said instrument are such company seals; that they were so affixed by order of the Board of Directors of said companies and that he
signed his name thereto by like order.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal, the day and year herein first above written.
L OCAMPO
+ Commission # 1163726 a
Notary Public- Califonia
Morin County
My Comm. FxpFes Nov28, 2701 Noury Polic
CERTIFICATE
STATE OF CALIFORNIA
ss.
COUNTY OF MARIN
1, the undersigned. Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force
and has not been revoked; and furthermore that Article VII of the By -laws of each company, and the Resolution of the Board of Directors; set forth in the Power of Attomey,
are now in fora.
Signed and scaled at the County of Marin. Dated the day of O k a- r �7
oz§ss, a"",n'.,`"'"u.
r �'CNCE CO .PIMCC nCn'aeE '�a� `N�a`' acvaem Awsmt Sae
760789 -11.98
April 15,1999
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
Summit Contracting
1824 Flower Avenue
Duarte, CA 91010
Subject: Backbay Drive Roadway Repair and Bridge Approaches Repair,
C -3180
To Whom It May Concern:
On February 22, 1999, 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 had been
recorded in accordance with applicable portions of the Civil Code.
The Notice of Completion was recorded by the Orange County Recorder on
March 11, 1999, Reference No. 1990179298. The Surety for the contract is
American Automobile Insurance Company, and the bond number is 111 -3338-
4971. Enclosed are the bidders bond, the labor & materials payment bond and
the faithful performance bond.
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
LH:cf
cc: Public Works Department
Horst Hlawaty, Construction Engineer
encl.
3300 Newport Boulevard, Newport Beach
0f!1 ;:1395 02:'0 025 571065 SUMMIT CONTRACTING PAGE 03
FROM 'Panasonic FAX SYSTEM • PHONE NO. • Jun. 16 1998 09:33AM P1
PAGE 4
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BACKBAY DRIVE ROADWAY REPAIR AND BRIDGE APPROACHES REPAIR
CONTRACT NO. 3180
1 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 bou d i)o th? City of
Ten er e t.l 1�7, o
Newport Beach, a charter city, in the principal sum of A Too 11 t , $ in - -- tdtbPlars
to be paid and forfeited to the City of Newport Beach if the bid proposal of the
undersigned Principal for the construction of Backbay Drive Roadway Repair and Bridge
Approaches Repair, Contract No. 3180 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 1 7 t hday of June
Gaean Corporation dba °¢
Summit Contracting <p
Name of Contractor (Principal) Authorized S a urertie� ✓� S
Certificate of Acknowledgement
STATE OF CALIFORNIA
Conntyof Los Angeles
On June 17, 1998 before me,
personally appeared M. J. Moss
aria Stoll. Notary Public
personally known to me (oaprumcktoars to be the person(s) whose name(s) is/am subscribed to the
within instrument and acknowledged to me that he/sWthay executed the same in his/hedthmacauthorized capacity(ies), and that by
his/har6thetr signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature %1( (Seal)
360772 -681
MARA STOLL
o COMM. 0IM140
ti NOTARY PUBLICCAUFORNIA o
g 43 LOS ANGV.ES
. COUNTY
' OMy Comm. Up. Mafch 31, 109
GENERAL'
POWER OF
ATTORNEY AMERIC N AUTOMOBILE INSURANCE CO ANY
KNOW ALL MEN BY THESE PRESENTS: That AMERICAN AUTOMOBILE INSURANCE COMPANY, a Corporation duly organized and existing under
the laws of the State of Missouri, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by
these presents make, constitute and appoint
- -- M. J. MOSS - --
TUSTIN CA
its true and lawful Attomey(s) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any
and all bonds, undertaking, recognizances or other written obligations in the nature thereof-------------------------- - - - - --
and to bind the Corporation thereby m fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the
Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys )-in -Fact may do in the premises.
This power of attomey is granted pursuant to Article VII, Sections 45 and 46 of By -laws of AMERICAN AUTOMOBILE INSURANCE COMPANY now in full
force and effect.
"Article VII. Appointment and A othorfry of Resdent Secretaries, Arorney -lo -Fact and Agents to aeeept Legal Pruners and Make Appearances.
Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice Presideot or soy other person authorized by the Board of
Directors, the Chairman of the Board of Directors, the President or any Vice-Prtsident may, from time to time, appoint Resident Assistant Secretaries and
Atterneys4n -Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearattcea for and on behalf of the
Corporation.
Section 46, Aothority: The authority of such Resident Assistant Secretaries, Attorneys -in -Fact and Agents shall be as prescribed in the instmment evidencing
their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to
make such appointment."
This power of attomey is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN
AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1994, and said Resolution has not been amended or
repealed:
"RESOLVED, that the signature of any Vice- President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this
Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by faaini le,
and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding
upon the Corporation!'
IN WITNESS WHEREOF, AMERICAN AUTOMOBILE INSURANCE COMPANY has mused these presents to be signed by iu Vice- President, and its
corporate seal to be hereunto affixed this 15 t h day of June -.19 98 .
AMERICAN AUTOMOBILE INSURANCE COMPANY
y'BG♦ L''SS
fJ
airs By
vicermtlror
STATE OF CALIFORNIA
COUNTY OF MARIN ss
On this 15 t It day of June 19 9 , before me personally came M. A. Mallonee
to me known, who, being by me duly sworn, did depose and say: that he is Vice- President of AMERICAN AUTOMOBILE INSURANCE COMPANY, the
Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such
corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his time thereto by like order.
IN WITNESS WHEREOF, I bave hereunto set my hand and affixed my official seal, the day and year herein first above written.
r A. KRIEGER D
0 _ COMM.$1045112 1r
y, ® NOTARY RUBLIGCALIFORNIA V Nair, Public
aARIN COUNTY
MY Ct Epee Mal. 20. 1949 1 CERTQ'7CA1'E
STATE OF CALIFORNIA
COUNTY OF MRI
AN ®•
I, the undersigned, Raideat Assistant Secretary of AMERICAN AUTOMOBILE INSURANCE COMPANY, a MISSOURI Corporation, DO HEREBY
CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full form and has not been revoked; and furthermore that Article VII, Sections
45 and 46 of the By -laws of the Corporatic i, and the Resolution of the Board of Directors; sm forth in the Power of Attorney, are now in force.
Signed and sealed at the County of M..dn. Dated the 17 t h day of June 19 98
'w.U1�' aavdml AaonnAm Scn+,r .
360711 -AA -3-95
•
lJ
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PAGE 15
BACKBAY DRIVE ROADWAY REPAIR AND BRIDGE APPROACHES REPAIR
CONTRACT NO. 3180
BOND NO. 11 1 3338 4971
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, has awarded to Summit Contracting, hereinafter designated as the "Principal," a contract
for Backbay Drive Roadway Repair and Bridge Approaches Repair, Contract No. 3180 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. 3180 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, AMERICAN AUTOMOBILE
INSURANCE COMPANY* 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 one hundred seventy four thousand nine
hundred ninety and no /100 Dollars ($174,990.00), 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.
*APJERICAN AUIIUBILE INSURANCE COMPANY
(a subsidiary of Fireman's Fund Insurance Company)
• EXECU' ED IN 4 CMINTE.' S
PAGE 17
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BACKBAY DRIVE ROADWAY REPAIR AND BRIDGE APPROACHES REPAIR
CONTRACT NO. 3180
BOND NO. 11 1 3338 4971
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 2,975.
being at the rate of $ 17.00 thousand of the Contract price.
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, awarded to Summit Contracting, hereinafter designated as the "Principal ", a contract for
Backbay Drive Roadway Repair and Bridge Approaches Repair, Contract No. 3180 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. 3180 and the
terms thereof require the furnishing of a Bond for the faithful performance of the Contract;
NOW, THEREFORE, we, the Principal, and AMERICAN AUTOMOBILE INSURANCE
COMPANY* , 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 one hundred seventy four thousand nine hundred ninety and no /100 Dollars
($174,990.00), 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.
*AMERICAN AUIUQ DBILE INSURANCE CQTANY
(a subsidiary of Fireman's Fund Insurance Company)
• •
PAGE 18
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.
GAEAN CORPORATION DBA
SUMMIT CONTRACTING
Name of Contractor (Principal)
A,%1ERICAN AUTOMOBILE
INSURANCE COMPANY
Name of Surety
17542 E. 17th STREET
TUSTIN, CA. 92780 -1972
Address of Surety
(714)669 -2545
Telephone
Authoriz ed Si ature Mtle
Authorized Agent Signature
TENZER V. CUNNINGHAM
ATTORNEY —IN —FACT
Print Name and Title
•lnTA OV w r11Al1.1 e1 i+.- .+�ur.+•���w ....�... ...��.. ....�� .��. �..��
Certificate of Acknowledgement
STATE OF CALIFORNIA 1
County of ORANGE JI
On JUNE 29, 1998 before me, MARIA LUISA R. AGUINALDO, NOTARY PUBLIC
personally appeared TENZER V. CUNNINGHAM
personally known to me ( ) to be he person( whose name�a% subscribed to the
hin instrument and acknowledged to me tha 1®sl� th(iy executed the same i h Wtlrrsir authorized capacity(Gs), and that by
his ixlthAr signature(,$) on the instrument the person, or the entity upon behalf of which the personr acted, executed the instrument.
WITNESS my hand and official seal. 11
MARIA LUISA R. AQUIHALD0
Q Q1 comm. #1052831 a
Signature (Seal) < �
WTARyqX. A y
ri ORMNiECCLIHTY
860772.6 -91 !i My Corrm Eq. M&%h 7, 19W
6 E ERA I, i
POWER OF
ATTORNEY AMERICAN AUTOMOBILE INSURANCE COMPANY
KNOW ALL MEN B1 THESE PRESENTS: That AMERICAN AUTOMOBILE INSURANCE COMPANY, a Corporation duly organized and existing under
the laws of the State of .Missouri, and having its principal office in the County of Marin, State of California, has made, constituted and appointed, and does by
these prescma make. constitute and appoint
- -- TENZER V. C t t INGHA;?t - --
its true and lawful Attorney(s) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any
and all bonds, undertaking, recognizances or other written obligations in the nature thereof — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the
Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s) -in -Fact may do in the premises.
This power of attorney is granted pursuant to Article VII, Sections 45 and 46 of By -laws of AMERICAN AUTOMOBILE INSURANCE COMPANY now in full
force and effect.
"Article VII. Appointment and Authority of Resident Secretaries, Attorney -in -Fact and Agents to accept Legal Process and Make Appearances.
Section 45. Appointment. The Chairman of the Board of Directors, the President, any Vice - President or any other person authorized by the Board of
Directors, the Chairman of the Board of Directors, the President or any Vice - President may, from time to lime, appoint Resident Assistant Secretaries and
Attorneys -in -Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the
Corporation.
Section 46. Authority. The authority of such Resident Assistant Secretaries, Attomeys -in -Fact and Agents shall be as prescribed in the instrument evidencing
their appointment. Any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to
make such appointment:'
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN
AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held on the 31st day of July, 1984, and said Resolution has not been amended or
repealed:
"RESOLVED, that the signature of any Vice - President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this
Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile,
and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding
upon the Corporation:'
IN WITNESS WHEREOF. AMERICAN AUTOMOBILE INSURANCE COMPANY has caused these presents to be signed by its Vice - President, and its
corporate seal to be hereunto affixed this 22nd day of June 19 94
AMERICAN AUTOMOBILE INSURANCE COMPANY
.Le
By Vim- Presidcm
STATE OF CALIFORNIA
)( ss.
COUNTY OF MARIN
Onthis 79nd dayof Tnnp , 199.4 — ,before me personally came N1. A. Nlallonee
to me known, who, being by me duly sworn, did depose and say: that he is Vice - President of AMERICAN AUTOMOBILE INSURANCE COMPANY, the
Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such
corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written.
OFFICIAL NOTARY SEAL ,
�• A. KRIEGER
;rap Notary Public— Calitornla Notary PUbtic
'•r.i. MARIN COUNTY
My Comm. Exp. MAR 20.1995 CERTIFICATE
STATE OF CALIFORNIA
COUNTY OF MARIN
1, the undersigned, Resident Assistant Secretary of AMERICAN AUTOMOBILE INSURANCE COMPANY, a MISSOURI Corporation, DO HEREBY
CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VII, Sections
45 and 46 of the By -laws of the Corporatic.t, and the Resolution of the Board of Directors; set forth in the Power of Attorney, are now in force.
N �(
Signed and scaled at the County of ,..fin. Dated the a c 1 "v day of �^'�� //�•7 19
R,ui&ru Avikl nW Secrnary�
360711- AA.2 -94
0
0
RECORDING REQUESTED BY FB orded in the count
WHEN RECORDED RETURN TO: ( 11 L, /Reg No Fee fornia
99 MAR A 9
City Clerk p 19990179298 2:12pm 03111199
City of Newport Beach N005200019694 20 30
3300 Newport Boulevard IFFICEO ' IfYCL[3 1 '00 0.00 0.00 0,00 0.00 0.00
Newport Beach, CA 92663 CITY C= iRT 1EACH
" Exempt from recording fees
pursuanfto 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 Summit Contracting of Duarte,
California, as Contractor, entered into a Contract on June 22, 1998. Said Contract set
forth certain improvements, as follows:
Backbay Drive Roadway and Bridge Approaches Repairs, C -3180
Work on said Contract was completed on January 11, 1999, and was found to be
acceptable on January 11, 1999, by the City Council. Title to said property is vested in
the Owner, anOthe Surety for said Contract is American Automobile Insurance Company.
BY
Public s 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 ql at Newport Beach, California.
i
BY /T7 rn rl _ l `a%WP
City Clerk o`
F
"T, Coen"
;.V', ;PORT BE
NI
February 22, 1999
CITY COUNCIL AGENDA
ITEM NO. 7
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: BACKBAY DRIVE ROADWAY AND BRIDGE APPROACHES REPAIRS,
CONTRACT NO. 3180 - COMPLETION AND ACCEPTANCE
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 the Back Bay Drive
• Roadway and Bridge Approach Repair, Contract No. 3180, to Summit Contracting of
Duarte, California. The contract provided for the repair of bridge approaches, the
construction of a depressed concrete roadway for purposes of providing a drainage
swail and other pertinent repair work needed to correct damages caused by the 1997 -
1998 El Nino winter storms. 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: $174,990.67
Actual amount of bid items constructed: 177,948.00
Total amount of change orders: 30,268.67
Final contract cost: $208,216.67
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 19.0% over the original bid
amount.
A total of two (2) change orders were issued to complete the project. They were as
follows:
1. A change order in the amount of $30,000.00 provided for the removal of a massive
. landslide from an Irvine Company slope onto Backbay Drive near Shellmaker Island.
Funds for the $30,000.00 were deposited from The Irvine Company with the City.
Subject: Backbay Drive Roy And Bridge Approach Repairs, Contrafo. 3180 - Completion And
Acceptance
February 22, 1999
Page 2
2. A change order in the amount of $268.67 provided for the construction of timber
railings at the bridge wingwalls.
Funds for the project were budgeted in the General Fund and Contributions Fund as
follows:
Description
Account Number
Amount
Disaster Remediation Backba Drive
7025- C5100427
182,580.00
Contributions Bac bay Drive
7251- C5100427
30,000.00
TOTAL
$212,580.00
The contract specified completion of all work within twenty (20) working days from the
Notice to Proceed date. Based upon the August 31, 1998 proceed date, the completion
date was September 28, 1998. Due to extra work, inclement weather, the December
holiday season and the non - availability of treated lumber piles, the completion date was
extended to January 11, 1999. All work was substantially completed by that date.
Respe Ily su mitted,
PUBLIC WORKS DEPARTMENT
Don Webb, Director
By: /O* � / 11 c.✓
Horst Hlawaty, P.E.
Construction Engineer
F \UsersWBW \Shared \COUNCIL \FY98 -99 \Feb- 22 \Backbay Dnve C- 318040
E
0
•
RELEASE OF STOP NOTICE
TO: CITY OF NEWPORT BEACH PWD
P.O. BOX 1768
0
'99 FEB -3 P 1 :45
OFFICE OF THE CITY CLERK
NEWPORT BEft*ttOF2A;:'N80RT BEACH
You are hereby notified that the undersigned claimant releases
that certain Stop Notice dated //& /1? , in the amount of
0, % 37 -(og against CITY OF NEWPORT BEACH PWD
as owner or public body and SUMMIT CONT.
as prime contractor in connection with the work of improvement
known as BACK BAY & JAMBOREE
in the City of NEWPORT BEACH County of ORANGE
State of California.
Date � )' IC(
Name of Claimant Robertson's
By _ 'fl, 'J�11 ', "
Authbrized AgentJ
VERIFICATION
I, the undersigned, state: I am the Agent of the claimant named in
the foregoing Release; I have read said Release of Stop Notice
and know the contents thereof, and I certify that the same is
true of my own knowledge.
I certify (or declare) under penalty of perjury under the laws of the
State of California that the foregoing is true and correct.
Executed1 on 02/01/99
Date\
Copies Sent To:
D Mayor
0 Council Member
0 Manager
,-E�Attorne
0
M
, at Riverside, California.
of Cla
zed Agent
• STOP NOTICE
(California Civil Code Section 3103)
NOTICE TO CITY OF NEWPORT BEACH PWD
P.O. BOX 1768 NEWPORT BEACCA
\ E II
m
(n T = C O a
m af8�¢ �\
0 8000 �C❑
(If Private Job -file with responsible officer or person at office v
branch of construction lender administering the construction funds or
with the owner -CIVIL CODE SECTIONS 3156 -3175)
(IF Public Job -file with office of controller,auditor,or other public
disbursing officer whose duty it is to make payments under provisions of
the contract -CIVIL CODE SECTIONS 3179 -3214)
Prime Contractor: SUMMIT CONT.
cam®
of labor,service,material to be furnished ......
Sub Contractor (If Any):SUMMIT CONT.
Total
value
Owner or Public Body: CITY OF NEWPORT BEACH PWD
rn
Credit
Improvement known as BACK BAY & JAMBOREE
materials returned, if any ......................$
0.00
County of ORANGE
=` z
on account, if any .............................$
State of California.
Amount
due
after deducting all just credits and offsets ....
$ 17,737.69
Robertson's, Claimant, a Partnership, furnished certain
labor service, equipment or materials used in the above
�pscriSed
ro
work of improvement. The name of the person or company
tcmA how
claimant furnished service, equipment, or materials is
=_
SUMMIT CONT.
The kind of materials furnished or agreed to be furnished by claimant
was ready mix concrete, rock and /or sand materials.
Total
value
of labor,service,material to be furnished ......
$ 17,737.69
Total
value
of labor,service,materials actually furnished..$
17,737.69
Credit
for
materials returned, if any ......................$
0.00
Amount
paid
on account, if any .............................$
0.00
Amount
due
after deducting all just credits and offsets ....
$ 17,737.69
YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on
the above described project to satisfy claimant's demand in the amount of
$ 17,737.69 and in addition thereto sums sufficient to cover interest
court costs and reasonable costs of litigation, as provided by law.
A bond (CIVIL CODE SECTION 3083) is not attached.(Bond required with
Stop Notice served on construction lenders on private jobs -bond not
required on public jobs or on Stop Notice served on owner on private jobs)
Dated 01/06/99 Name and address of
Claimant ROBERTSON'S
P.O. Box 33140
Riverside, Calif. 92223
909 - 685 -2200
By 1
Aut o zed Agen
VERIFICATION
I, the undersigned, state: I am the agent of the claimant named in the
foregoing Stop Notice; I have read said claim of Stop Notice and know
the contents thereof, and I certify that the same is true of my knowledge.
I certify (or declare) under penalty of perjury under the laws of the
State of California that the foregoing is true and correct.
Executed on 01/06/99 at Riverside, State of Caljl�ornia.
Signature of claimant /Agent
0
RELEASE OF STOP NOTICE
TO: CITY OF NEWPORT BEACH PWD
P.O. BOX 1768
0
NEWPORT BEACH CA
You are hereby notified that the undersigned claimant releases
that certain Stop Notice dated //0/19 , in the amount of
i'7 1137,loc against CITY OF NEWPORT BEACH PWD
as owner or public body and SUMMIT CONT.
as prime contractor in connection with the work of improvement
known as BACK BAY & JAMBOREE
in the City of NEWPORT BEACH County of ORANGE
State of California.
Date ;20,79
Name of Claimant Robertson's
By
u horized A nt
VERIFICATION
I, the undersigned, state: I am the Agent of the claimant named in
the foregoing Release; I have read said Release of Stop Notice
and know the contents thereof, and I certify that the same is
true of my own knowledge.
I certify (or declare) under penalty of perjury under the laws of the
State of California that the foregoing is true and correct.
Executed on 02/01/99
at Riverside, California.
.J
STOP NOTICE E I
' )� ) ( alifornia Civil Code Section 3103) .' E
T IR CITY OF NEWPORT BEACH PWD A ``
' �' 3EACH, P.O. BOX 1768 NEWPORT BEACCA .o 8 -- Q
- o8DD ❑�7�kln
(If Private Job -file with responsible officer or person at office of
branch of construction lender administering the construction funds or
with the owner -CIVIL CODE SECTIONS 3156 -3175)
(IF Public Job -file with office of controller,auditor,or other public
disbursing officer whose duty it is to make payments under provisions of
the contract -CIVIL CODE SECTIONS 3179 -3214)
Prime Contractor: SUMMIT CONT. n T
Sub Contractor (If Any):SUMMIT CONT. -=
Owner or Public Body: CITY OF NEWPORT BEACH PWD+
Improvement known as BACK BAY & JAMBOREE �1O)
County of ORANGE 'z n
State of California. r"
C) A
�u -
Robertson's, Claimant, a Partnership, furnished certain ;-
labor service, equipment or materials used in the above ;F-Scrigd
work of improvement. The name of the person or company tbrwhom°
claimant furnished service, equipment, or materials is
SUMMIT CONT.
The kind of materials furnished or agreed to be furnished by claimant
was ready mix concrete, rock and /or sand materials.
Total value of labor,service,material to be furnished ......$ 17,737.69
Total value of labor,service,materials actually furnished..$ 17,737.69
Credit for materials returned, if any ......................$ 0.00
Amount paid on account, if any .............................$ 0.00
Amount due after deducting all just credits and offsets .... $ 17,737.69
YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on
the above described project to satisfy claimant's demand in the amount of
$ 17,737.69 and in addition thereto sums sufficient to cover interest
court costs and reasonable costs of litigation, as provided by law.
A bond (CIVIL CODE SECTION 3083) is not attached.(Bond required with
Stop Notice served on construction lenders on private jobs -bond not
required on public jobs or on Stop Notice served on owner on private jobs)
Dated 01/06/99 Name and address of
Claimant ROBERTSON'S
P.O. Box 33140
Riverside, Calif. 92223
909- 685 -2200
By Ltv� :�
Aut oilflzed Agen
VERIFICATION
I, the undersigned, state: I am the agent of the claimant named in the
foregoing Stop Notice; I have read said claim of Stop Notice and know
the contents thereof, and I certify that the same is true of my knowledge.
I certify (or declare) under penalty of perjury under the laws of the
State of California that the foregoing is true and correct.
Executed on 01/06/99 at Riverside, State of CalA, ornia.
Signature of claimant /Agent
Cry of Newport Beach • NO. BA- 004^'
BUDGET AMENDMENT
1998 -99 AMOUNT: E3o,00a.oa
EFFECT ON BUDGETARY FUND BALANCE:
X Increase Revenue Estimates Increase in Budgetary Fund Balance
X Increase Budget Appropriations AND Decrease in Budgetary Fund Balance
Transfer Budget Appropriations PX No effect on Budgetary Fund Balance
ov Tuc riTi rni taro
from existing budget appropriations
�X from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
CITY
OF NEN /PCRT SEACH
AUG 10
j
f
This budget amendment is requested to provide for the following:
Increase revenue estimates in the Contributions Fund in the amount of $30,000 and appropriate this
sum to the Back Bay Drive Roadway capital project.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account Description
REVENUE APPROPRIATIONS (3601)
Fund /Division Account Description
Contributions Fund 250 5901 Private Donations I Contributions
EXPENDITURE APPROPRIATIONS (3603)
Amount
Debit
$30,000.00
Credit
Description
Division Number 7251 Contributions Fund
Account Number C5100427 Back Bay Drive Roadway $30,000.00
Division Number
Account Number
Division Number
Account Number
Division Number
Account Number
Automatic System Entry.
Signed: 77
inancial val: Finance Director I Date
�-
Signed: ?h L y-
Admi� r e ppro al: C' Manager �J Date
Signed: '}7 . Q G 5 /C�' "00
City Council Approval: City Clerk Date
i
i
C- irC
August 10, 1998
CITY COUNCIL AGENDA
ITEM NO. 10
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: BACK BAY DRIVE ROADWAY AND BRIDGE REPAIR
BUDGET AMENDMENT AND CHANGE ORDER FOR
CONTRACT NO. 3180
RECOMMENDATIONS:
RE 10:-
1. Authorize the City Manager to execute Change Order No. 1 in the amount of $30,000.
2. Authorize a budget amendment to increase revenue to the Contributions Fund in the
amount of $30,000 and appropriate this sum to Account No. 7251- C5100427, BackBay
Drive Roadway.
DISCUSSION:
The Irvine Company recently negotiated a lump sum cost of $30,000 with the City's BackBay
Drive contractor, Summit Contracting. The negotiated work involves removal and stockpiling of
debris from BackBay Drive.
The Irvine Company has remitted a $30,000 check to the City to pay for the work to be
undertaken by our contractor. Attached is Change Order No. 1 to Contract No. 3180, which
provides for the additional work.
Staff seeks authorization to receive and appropriate the funds and to execute Change Order
No. 1.
Respectfully submitted..
Don Webb
Public Works Poctor
Luci Romero Serlet
Administrative Manager
Attachment: Contract No. 3180 Change Order No. 1
0 Letter dated July 24, 1998
\\dp\sys\ groups \pubworks \counci I\ fy98- 99\august- 10\ba- c-3180 -1.doc
CITY OF NEWART BEACH
CONTRACT CHANGE ORDER
CONTRACT NO. 3180
PROJECT TITLE: Back Bay Drive Roadway Repair and Bridge Repair
CONTRACTOR: Summit Contracting
ENCUMBRANCE NO.:
ORIGINAL CONTRACT: 174,990.00
COMPLETION DATE:
i
• SEW PART
p �
r n
u� s
C7CIF00.��P
CHANGE ORDER:
1
PAGE:
1 OF 1
CCO SUMMARY COST:
30,000.00
CCO TOTAL IN %
17.14%
CHANGE REQUESTED BY: The Irvine Company CO. TYPE: LUMP SUM
DESCRIPTION: Remove Debris from Back Bay Drive
following changes are
into the project plans and specifications:
Remove and Stockpile Slide Debris from Back Bay Drive Per July 24,1998
Letter to the City from TIC. Work does not include the removal of berm
used for the Clapper Rail Nesting Area.
INCREASE (DECREASE
30,000.00
IN CONTRACT TIME 0- WORKING DAYS NET CHANGE $ 30,000.00
agree, n this
is approved, that we will provide all equipment, furnish ill material, except as may otherwise be noted above, and
perform all services necessary for the above specified work, including field and home office expense and will accept
as full payment therefor the prices shown above.
ACCEPTED, DATE: 06 J'1 I q Uo CONTRACTOR: Summit Contracting
It3A
TITLE: IF*,% 's.�
APPROVAL RECOMMENDED: sA DATE: 8 13
CONSTRUCTION ENGINEER
APPROVED: CITY ENGINEER J DATE: q- GIs
APPROVED: C64 ANAGE DATE: J�
W
0
•
0
• Sys •
IRVINE COMMUNITY DEVELOPMENT COMPANY
July 24, 1998
Mr. Kevin Murphy
City Manager
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658
E JUL 3 119P8
SENT VIA FACSIMILE
Re: Change Order for Slide Debris Removal from Back Bay Drive
Dear Mr. Murphy:
As you know, The Irvine Company has negotiated a lump sum cost of $30,000.00 with
your contractor, Summit Contracting, for Back Bay Drive cleanup. The Irvine Company
is preparing a check in the amount of $30,000.00, payable to the City of Newport Beach.
This check will be hand carried to your offices on Friday, July 31, 1998.
We look forward to continuing our cooperation on Back Bay Drive cleanup. Should you
have any questions concerning this matter, I can be reached at (949) 720 -2129.
Sincerely,
Norman E. Witt, Jr.
Vice President
cc: Don Webb, City Engineer
550 Newport Center Drive, P.O. Box 6370, Newport Beach, California 92656 -6370 (949) 720 -2000
A subsidiary of The Irvine Company
O? 0p04455 rL&v nF NFWPl1RT RFACH
vi
Amll� F,1 1 Rn4 61 1 Hot
VOUCHER NO.
INVOICE NO.
PURC ORDER NO.
INVOICE DATE
AMOLW
DISCOUNT
NET AMOUN
730169
30000 —CR
7/28/98
30, 000. 00
.00
30,000.
CHANGE ORDER
request
0
TOTAL
30, 000. 00
.00
30, 000.
THIRTY'THOUSAND DOLLARS.NO >CENTS`
TO THE
WELLS FARGO BANK IN A c
2030 MAIN STREET SUITE 600 ..0 l 1' -8.0 4 -1Z20fl
_IRVINE, CA 92614,. ..
ORDER CITY OF NEWPORT BEACH
3300 NEWPORT'BLVD :.
OF:.'� NEWPORT, BEACH `. CA 92663'
11.61,180411' i:1 2 2000 24 74489S 079929111
0
CW of Newport Beach • NO. BA- 004
BUDGETAMENDMENT
1998 -99 AMOUNT: $30,000.00
ECT ON BUDGETARY FUND BALANCE:
X Increase Revenue Estimates Increase in Budgetary Fund Balance
X Increase Budget Appropriations AND Decrease in Budgetary Fund Balance
Transfer Budget Appropriations PX No effect on Budgetary Fund Balance
from existing budget appropriations
X from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
Increase revenue estimates in the Contributions Fund in the amount of $30,000 and appropriate this
sum to the Back Bay Drive Roadway capital project.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account Description
REVENUE APPROPRIATIONS (3601)
Fund /Division Account Description
tributions Fund 250 5901 Private Donations / Contributions
EXPENDITURE APPROPRIATIONS (3603)
Signed:
Signed:
Signed:
I
City Council Approval: City Clerk
Amount
Debit Credit
$30,000.00
$30,000.00
Z4.97
Date
Date
Description
Division
Number
7251 Contributions Fund
Account
Number
C5100427 Back Bay Drive Roadway
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed:
Signed:
Signed:
I
City Council Approval: City Clerk
Amount
Debit Credit
$30,000.00
$30,000.00
Z4.97
Date
Date
t
CITY CLERK
cam/ s4 �7 C
PAGE 1
CITY OF NEWPORT BEACH
NOTICE INVITING BIDS
Sealed bids may be received at the office of the City Clerk,
3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915
until 11:00 a.m. on the 17th day of June, 1998 ,
at which time such bids shall be opened and read for
BACKBAY DRIVE ROADWAY REPAIR AND
BRIDGE APPROACHES REPAIR
Title of Project
Contract No. 3180
$180.000.00
Engineer's Estimate
Approved by
Bill Pata
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. Box 1768,
Newport Beach, CA 92658 -8915.
For further information, call Fong Tse, Project Manager at (949) 644 -3340.
PAGE
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BACKBAY DRIVE ROADWAY REPAIR AND BRIDGE APPROACHES REPAIR
CONTRACT NO. 3180
INSTRUCTIONS TO BIDDERS
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. The securities shall be
deposited in a state or federal chartered bank in California, as the escrow agent.
PAGE 3
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 partki's 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.
607397 A
Contractor's License No. & Classification
SUMMIT CONTRACTING
Bidder
PRESIDENT
Authorized Si ure fTitle
JUNE 16, 1998
Date
I 1
PAGE 5
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BACKBAY DRIVE ROADWAY REPAIR AND BRIDGE APPROACHES REPAIR
CONTRACT NO. 3180
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.
Subcontract Work
Subcontractor
Address
?iLa5
5%41 malex,Ivc-
Lz). \5T-1- �%'
2.
3.
4.
5.
6.
7.
B.
9.
10.
SUMMIT CONTRACTING
Bidder
Signature/Title
PRESIDENT
..
• •
PAGE 6
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BACKBAY DRIVE ROADWAY REPAIR AND BRIDGE APPROACHES REPAIR
CONTRACT NO. 3180
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
Person
To Contact
Telephone
Number
1998 RIX ENHANCEMENT PROJECT CHRIS PHELPS (909) 783 -8937
CITY OF SAN BERNARDINO MUNICIPAL WATER DEPT:
1997 PERCOLATION PONDS NED IBRAHIM (909) 736 -2400
CITY OF CORONA
1997 JOSEPH JENSEN FILTRATION TIM HARDING (702) 566 -8600
SERROT CORPORATION
1997 FEMA REPAIRS - SUBTROPIC DRIVE DAVID GILBERTSON (909) 594 -9702
OF LA HABRA HEIGHTS
SUMMIT CONTRACTING
Bidder
5>IRESIDENT
Authorize ure/Title
PAGE 7
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BACKBAY DRIVE ROADWAY REPAIR AND BRIDGE APPROACHES REPAIR
CONTRACT NO. 3180
NON - COLLUSION AFFIDAVIT
State of California )
) ss.
County Of LOS ANGELS
WEE T R G. WILEY III , being first duly sworn, deposes and says that he or she is
PRESIDENT of SUMMIT CONTRACTING , 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.
SUMMIT CONTRACTING � PRESIDENT
Bidder Authorized Signature ' e
Subscribed and sworn to before me this 17Tiday of JUNE —'19 98.
[SEAL]
/
J, 1.
Notary Public
My Commission Expires: ✓ ` /�% Q . . MRPrxUME,PBF. L . . Ii . #!AFC 1' S . 1 C W7AC3LIO7LI9fUE1 ONY
RTNY IA �
n
FEB. 14, 2002
i •
PAGE 8
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BACKBAY DRIVE ROADWAY REPAIR AND BRIDGE APPROACHES REPAIR
CONTRACT NO. 3180
NOTICE TO SUCCESSFUL BIDDER
The following Contract Documents shall be executed and delivered to the Engineer within
ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of mailing
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.
i •
PAGE 9
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BACKBAY DRIVE ROADWAY REPAIR AND BRIDGE APPROACHES REPAIR
CONTRACT NO. 3180
CONTRACT
THIS AGREEMENT, entered into this 22nD day of June, 1998, by and between the CITY OF
NEWPORT BEACH, hereinafter "City," and Summit Contracting, hereinafter "Contractor," is made
with reference to the following facts:
A. WHEREAS, City has advertised forbids for the following described public work:
BAYBAY DRIVE ROADWAY REPAIR AND BRIDGE APPROACHES REPAIR
Project Description
3180
Contract No.
B. WHEREAS, 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 specifications.
NOW, THEREFORE, City and Contractor agree as follows:
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, General Conditions, Standard Plans and Standard
Special Provisions, Plans and Special Provisions for Contract No. 3180, 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. 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.
L
�_-Jl
PAGE 10
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 one hundred seventy four thousand nine hundred ninety and
no /100 Dollars ($174,990.00).
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.
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. Mail, postage
prepaid, directed to the address of Contractor and to City, addressed as follows:
CITY
City of Newport Beach
Public Works Department
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: Fong Tse
(949) 644 -3340
CONTRACTOR
Summit Contracting
1824 Flower Avenue
Duarte, CA 91010
(626) 357 -9211
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."
• •
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 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.
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. RESPONSIBILITY 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.
0 0
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.
ATTEST:
CITY CLERK
have caused this contract to be executed the day
I rlr..�M
CONTRACTOR
c� f
By;
Authorize ignature and Title
CITY A
EY
have caused this contract to be executed the day
I rlr..�M
CONTRACTOR
c� f
By;
Authorize ignature and Title
ACORD: CERTIFICAT*OF
LIABILITY
DATE IMM /ODNYI
INSUR" CE CSR JA- r
SU!®SI -O 07/13/98
PRODUCER .
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Crog -by Insurance
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Goltra & Associates
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P 0 Box 8187
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Huntington Beach CA 92615-8187
COMPANIES AFFORDING COVERAGE
COMPANY
A Massachusetts Bay Ins. Co.
Steffen L. Goltra
Ph..No. 909 -985 -0345 F..NO.909- 981 -9385
INSURED
Gaean Corp. DBA Summit Const.
dba:Summit Contracting
COMPANY
B The Hanover Insurance Company
COMPANY
Asphalt Equipment
Rental, Inc.
C
1824 Flower Avenue
Duarte CA 91010
COMPANY
D
CDYERAGES
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.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM /DDNY)
POLICY EXPIRATION
DATE (MM /DDNY)
LIMITS
GENERAL
LIABILITY
GENERAL AGGREGATE
52000000
X
PRODUCTS - COMP /OP AGO
$1000000
A
COMMERCIAL GENERAL LIABILITY
ZDZ558783500
07/08/98
07/08/99
CLAIMS MADE [X] OCCUR
PERSONAL &ADV INJURY
31000000
X
EACH OCCURRENCE
6 1000000
OWNER'S & CONTRACTOR'S PROT
X
Employee Benefits
FIRE DAMAGE (Any one fire)
$ 50000
X
$5000 PD Ded
MED EXP (Any on. Person)
$ 5000
B
AUTOMOBILE
LIABILITY
ANY AUTO
AHZ558783600
07/08/98
07/08/99
COMBINED SINGLE LIMIT
81000000
X
X
BODILY INJURY
(Per person)
5
ALL OWNED AUTOS
SCHEDULED AUTOS
X
X
BODILY INJURY
(Per acciEentl
S
HIRED AUTOS
NON -OWNED AUTOS
X
PROPERTY DAMAGE
8
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
8
OTHER THAN AUTO ONLY:
ANY AUTO
EACH ACCIDENT
S
AGGREGATE
$
EXCESS LIABILITY
EACH OCCURRENCE
$
AGGREGATE
9
UMBRELLA FORM
5
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
TO STATU- OER
TORY LIMITS ER
EL EACH ACCIDENT
9
THE PROPRIETOR/ INCL
PARTNERS /EXEDUTIVE
OFFICERS ARE: EXCL
EL
- POLICY LIMIT
'- '- "^"' "'—"-
8 -" -- --
EL
EASE - E/rEhIPLEVFir-
_
'6�
DESCRIPTION OF OPEIIATIONS /LOCATIONSNEHICLES /SPECIAL ITEMS
*10 Day Notice of Cancellation for Non - Payment of Premium or Non -Repo tiug,
or payment of Certificate holder are named as additional i ureds .
(per form attached). Pro]'ect:Back Bay Drive Roadway Repair and Bridge '
Approaches Repair Contract No. 3180.
CERTIFICATE HOLDER
CANCELLATION
NEW2 OO 1
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
City of Newport Beach
30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Public Works Department
Administrative Manager
P.O. Box 1768
OIL
AUTHORIZED REPRESENTATIVE
Newport Beach CA 92659 -1768
Steffen L. Goltr
A,CORD 26•S t1/9,6)
ORO CORPORATION 1488'
J
• CL 246
(11.65)
POLICY NUMBER: ZDz558783500 EFFECTIVE DATE: 7—B-98
NAMED INSURED: Gaean`.Corporation
dba• Summit Contract
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 10 H Sj
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:
I
Blanket Additional Insureds As Per Contract
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations 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 work" for that insured by or for you.
ADDITIONAL INSURED PROVISIONS
IT IS AGREED THAT THE FOLLOWING PROVISION(S) AMEND THE COVERAGE PROVIDED TO THE
ADDITIONAL INSURED(S) NAMED IN THIS ENDORSEMENT AS FOLLOWS:
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 REPECTS ANY CLAIM, LOSS OR LIABILITY ARISING OUT OF THE OPERATIONS OF THE NAMED
INSUREDS) 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.
NOTICE OF CANCELLATION
IT IS AGREED THAT THE COMPANY WILL PROVIDE THE ADDITIONAL INSURED SHOWN WITH 30 DAYS
NOTICE OF CANCELLATION OF THIS POLICY IN THE EVENT OF CANCELLATION DUE TO COMPANY
ELECTION ONLY. 10 DAY NOTICE OF CANCELLATION APPLIES FOR NON- PAYMENT OF PREMIUM.
WAIVER OF SUBROGATION
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 MAKE 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 SHOWS I IN THE SCHEDULE.
CEIRTIFICAT�QF
LIABILITY
INSUR+ CE CSR Ti DarE(mm /DDmI
,ACORD
SUb4SZT1 07/06/98
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Goltra & Assoc Ins Brokers Inc
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P 0 Box 8187
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Huntington Beach CA 92615 -8187
COMPANIES AFFORDING COVERAGE
COMPANY
A Ulico Casualty Cc
Steffen L. Goltra
Pnona Na. 949 - 833 -2803 Fa.N..949- 833 -2807
INSURED
COMPANY
B Pacific Insurance Company Ltd
Gaean Corporation
COMPANY
C Golden Eagle Insurance Co.
dba: Summit Contracting, Inc.
Asphalt Equipment Rentals
1824 Flower Ave
Duarte CA 91010
COMPANY
D
COVERAGES ?; :: :;
,.. . - .. ,`
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.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MMODNY)
POLICY EXPIRATION
DATE IMM /DD/YYI
LIMITS
GENERAL
LIABILITY
GENERAL AGGREGATE
82,000,000
X
PRODUCTS - COMP /OP AGO
31,000,000
•
COMMERCIAL GENERAL LIABILITY
CLU0001712
07/08/97
07/06/98
CLAIMS MADE [X] OCCUR
PERSONAL & ADV INJURY
$ 1,000,000
EACH OCCURRENCE
91,000,000
OWNER'S& CONTRACTOR'S PROT
FIRE DAMAGE (Any one fire)
$ 50,000
MED EXP (Any one person)
$ 5,000
•
AUTOMOBILE
LIABILITY
ANY AUTO
CLU0001712
07/08/97
07/08/98
COMBINED SINGLE LIMIT
S1,000,000
X
BODILY INJURY
(Per person)
S
ALL OWNED AUTOS
SCHEDULED AUTOS
X
BODILY INJURY
(Per accident)
$
HIRED AUTOS
NON -OWNED AUTOS
X
PROPERTY DAMAGE
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN AUTO ONLY
. .. . . ....... ..... ..
ANY AUTO
EACH ACCIDENT
$
AGGREGATE
$
EXCESS LIABILITY
EACH OCCURRENCE
34,000,000
B
X UMBRELLA FORM
TJ0002824
09/17/97
07/08/96
AGGREGATE
54,000,000
OTHER THAN UMBRELLA FORM
Retained
$ 10,000
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
X TO STATU- OTH
TORY LIMITS ER
EL EACH ACCIDENT
41,000,000
C.
THE PROPRIETOR/ INCL
PARTNERS /EXECUTIVE
NWC47311901
04/10/98
04/10/99
EL DISEASE - POLICY LIMIT
$1,000,000
EL OISEASE - EA EMPLOYEE
51,000,000
OFFICERS ARE X EXCL
OTHER
A
Cont Equip Rented
CLU0001712
07/08/97
07/08/98
Limit $450,000
From Others
Dad. $1500
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES /SPECIAL ITEMS
*Ten Day Notice o Cancellation will be given for Non - Payment of Premium*
*Or Non-Reporting/Pa ant of Payroll* Certificate holder are named as
additional insureds Zper attached forms); Waiver of Subrogation for workers
compensation to follow. Pro7'ect:Back Bay Drive Roadway Repair and Bridge
Approaches Repair Contract No. 3180.
CERTIFICATEHOLDER ;,, ',:
.. ..
CANCELLATION
.. TION .., .. ..- ........ .. ........ . .
NEN2001
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL
City of Newport Beach
Public Works Department
3 0 * DAYS WRITTEN NOTICE TO TH TIFICATE HOLDER NAMED TO THE LEFT,
Administrative Manager
P.O. Box 1768
AUTHORIZED REPRESENTATIVE
Newport Beach CA 92659-1768
Steffen L. Goltr
ACORD 20 -S (1/451
O - RPOR,ATION 148$
0
RECE
_'VED
ILL. 91598
F r,
PUBUC wa;c:i
NNOPCRT BEACK
POLICY NUMBER: CLU00017120
04MERCIAL 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:
PER CERTIFICATE OF INSURANCE SHOWING APPLICABILITY OF
THIS ENDORSEMENT
(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 11) is amended to include as an insured the person or organization shown in
he 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
AGENT CORN
El
0 0
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNER, LESSEES OR CONTRACTORS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. WHO IS AN INSURED (Section II) is amended to include as an
insured any person or organization you have agreed to add to
'this polity as an additional insured but only with respect to
liability arising out of your ongoing operations for that
additional insured and subject to the following:
1. You have agreed in a written contract to add that person
or organization as an additional insured to your
liability insurance policy;
2. A certificate of insurance has been issued by us showing
the person or organization as an additional insured;
3. This endorsement will not take effect for the benefit of
any additional insured unless the preceding occurs prior
to loss and during the policy period; and
4. The coverage provided the additional insured is the
lesser of the following:
a. The terms, conditional and limits of the policy; or
b. The contract requirements.
B. Paragraph 4. Other Insurance of COMMERCIAL GENERAL LIABILITY
CONDITIONS (Section IV) is amended by the addition of the
following:
The coverage provided the additional insured is primary and
any liability insurance policy where the additional insured is
a named insured will be considered excess insurance. For any
damages covered by this policy, we will not seek contribution
from the preceding described excess insurance for our named
insured's liability imputed to this additional insured.
MLI 904 02 96 Page 1 of 2
P.
0
This paragraph B. does not apply unless we have issued a
certificate of insurance showing that our policy is primary
and that the additional insured's policy is not contributory.
MLI 904 02 96 Page 2 of 2
POLICY NUMBER: CLU0001710
06MERCIAL GENERAL LIABILITY
CG 24 04 10 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
PER CERTIFICATE OF'INSURANCE SHOWING APPLICABILITY
OF THIS ENDORSEMENT
(If no entry appears above, information required to complete this endorsement will be shown in the Declara-
tions as applicable to this endorsement.)
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMER-
CIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following:
We waive any right of recovery we may have against the person or organization shown in the Schedule above
because of payments we make for injury or damage arising out of your ongoing operations or "your work' done
under a contract with that person or organization and included in the "products- completed operations hazard ".
This waiver applies only to the person or organization shown in the Schedule above.
CG 24 04 10 93
Copyright, Insurance Services Office, Inc., 1992
AGENT COPY
C
• • Page PR 1
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
REVISED PROPOSAL
BACK BAY DRIVE ROADWAY AND BRIDGE APPROACHES REPAIR
CONTRACT NO. 3180
To The Mayor and Members of the City Council
City of Newport Beach
P.O. Box 1768
Newport Beach, CA 92659 -1768
Gentlemen:
The undersigned declares that he has carefully examined the location of the work, has read the
Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to
furnish all materials and do all work required to complete this Contract No. 3180 in accordance 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 UNIT TOTAL
AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
Lump Sum Mobilization
@ boUYfiOtC`xiNDI Dollars
and
'w Cents $Alg�_on
Per Lump Sum
2. 1,050 Remove and Dispose of All A.C.,
C. Y. Base, Interfering Materials, and
All Non - Native Material.
@ Dollars
and
ZYAU Cents 1po $ 110,350. w
Per Cubic Ya d
3. 500 Install Filter Fabric
S. Y. _
Dollars
and
Cents $ 5.9D $ 2,950. w
Per Square Yhrd
•
Page PR 2
ITEM
QUANTITY
ITEM DESCRIPTION
UNIT
TOTAL
AND UNIT
UNIT PRICE WRITTEN IN WORDS
PRICE
PRICE
4.
750
Construct Unclassified Fill
C.Y.
\`
I�li&
@ en_v%_ Dollars
and
1� Cents
$ A-00 oo
$ I Z • oa
Per Cubic Yard
5.
290
Construct Base
Tons
@ Dollars
and
v�o Cents
$ 28.
co
$ IZO.ao
Per Ton
6.
120
Construct P.C.C. Pavement
C.Y.
`` ``
@(�u.%u✓ YtA -�ze]i ye, Dollars
and
V\.D Cents
$1 I
s a A p. om)
Per Cubic Yard
7.
30
Construct Asphalt Concrete Pavement
Tons
t 1
@ (� JeA fV0X U51 Dollars
and
(,to Cents
$ IOi . vo
$ l0
Per Ton
8.
Lump Sum
Sawcut, Remove, and Dispose of
Existing R.C.P. and Aluminum
Arch Culvert \\ rr
@1.5aN�
�I�r,�lundY� DoNars
and
rw Cents
$1 , 2`f3O • ofl
Per Lump Sum
9.
Lump Sum
Repair Existing 18" RCP Drainage
Pipe with 12 feet of new 18" RCP
�
Sewer `` I P fur er
FVW AMSd^A
@
Dollars
and
nA Cents
$4,4CO.ao
Per Lump Sum
. • Page PR 3
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
10. 1,600 Construct Rip Rap
Tons @ : 11 n(1
EUA #, Qvu- Dollars
and
Sege Aix_ Cents ft
Per Ton
11. 12 Drive Treated Timber Piles
Each Y3
@TW0i4&XM-> ,wcQ 0 Dollars
and
h.0 Cents $ Zt � Do $ 25, .00
Per Each
12. 400 Place Rock
Tons `
Dollars
and
vlp Cents $ 75. VV $ �VLV . ea
Per Ton
13. 700 Install Treated New Wooden Planks
S. F.
a@ Sk:,JC*L_ Dollars
and
t :ak.�nk Cents $i•CAD $5A&D•«-)
Per Squa a FolA
14. 4 Re -attach Four (4) Ex. Wooden
Each Handrails to New Head/Tail Walls
@ ire %knt�r� 4i4u, Dollars
and
�o Cents $550.00 $Zj2jM0 -"
Per Each
15. Lump Sum Place %" Thick Styrofoam Cushion
Over Existing. 24 "" _DIIPSeeweerr q
@ IDA& Dollars U
and
V�.Q Cents $,31 •co
Per Lump Sum
0 . Page PR 4
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
16. Lump Sum P.C.C. Encase Existing 24" DIP
Sewer
Y
@�(�Q-i%oa5a�►�A ti17� Dollars
and
rto Cents ${c0
Per Lump Sum
17. Lump Sum Retrieve and Dispose of Errant Rock And
Rubble Within the Bay Downstream West
Of Bridge 1
@ —Cti.yM e_6�`' Dollars
and
V\_0 Cents $34-1CQ00
Per Lump Sum
18. Lump Sum Place and Densify Weed -Free Soil Over
Rip -Rap
@�iKv►�SAr.[AJ� Dollars
and
aW Cents $ CO. coo
Per Lump Sum
TOTAL PRICE IN WRITTEN WORDS
'"V JA aw-' a.r-q'
Dollars
and 1
Cents $ 11`1 C)w • CMD
Total Price
Bidder's Name SUMMIT CONTRACTING
Bidder's Address 1824 FLOWER AVENUE, DUARTE, CA 91010
Bidder's Telephone Number ( 626) 357 -9211
Contractor's License No. &
lliii�iaf[.
Authorized SigAatGre & Title
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
F"O�
��
\�� FO RNA
ADDENDUM NO. 1
BACKBAY DRIVE ROADWAY REPAIR AND
BRIDGE APPROACHES REPAIR
CONTRACT NO.
DATE: b !0 BY: `—
Public Works Director
TO: ALL PLANHOLDERS
1. Proposal:
Add bid item number 17: 'Retrieve and dispose of errant rock and rubble within
the Bay downstream west of bridge." (Submit bid on the attached revised
Proposal.)
2. Proposal:
Add bid item number 18: "Place and densify weed -free soil within and 6" over rip -
rap." (Submit bid on the attached revised Proposal.)
t
♦ r r • •
Addendum No.1
Backbay Drive Roadway Repair and
Bridge Approaches Repair
Contract No. 3180
Page 2
3. Special Provisions SP 2 of 9:
Replace the first paragraph of Section 6 -1 Construction Schedule and
Commencement of Work with, "The Notice To Proceed construction start date
shall be August 3, 1998."
4. Special Provisions SP 3 of 9:
Revise the second paragraph of Section 6 -1 Construction Schedule and
Commencement of Work with, "... (2) access to repair the washed -out roadway
shall be made from the Back Bay Drive /Shellmaker Road intersection only, (3) in
case The Irvine Company (TIC) has not cleared the slide that blocks Back Bay
Drive just northerly of Shellmaker Road by the start of work, the Contractor shall
work with TIC to remove the dirt or at least ramp over the dirt to gain access to the
washed -out roadway work site from the Back Bay Drive /Shellmaker Road
intersection at the cost of TIC; (4) the Contractor may use the viewing area on the
west side and outside of the roadway width just northerly of the washed -out
roadway repair work site for equipment turn - around; and (5) the Contractor may
access the bridge approaches repair work site from the Back Bay Drive /San
Joaquin Hills Road intersection or from the Back Bay Drive /Eastbluff Drive
intersection. (See attached work sites access map.)
5. Special Provisions SP 6 of 9:
Add to Section 9-3.2 General, "Payment for Bid Item No. 12 shall only be made
for rock obtained from an outside source. No payment shall be made for rock
retrieved under bid item No. 17 and then reused on the work."
6. Special Provisions SP 6 of 9:
Add to Section 9 -3.2 General, "Payment for Bid Item No. 17 shall include the cost
of all equipment, tools, materials, labor, and all other items required to retrieve and
dispose of all errant rock and rubble that is found between the top of the channel
embankments and within 100 feet downstream from the westerly edge of the new
1/4T rock."
7. Special Provisions SP 6 of 9:
Add to Section 9 -3.2 General, "Payment for Bid Item No. 18 shall include the cost
of all equipment, tools, materials, and labor to provide weed -free native soil, water,
and all other items required to complete the work in place."
Addendum No. 1
Backbay Drive Roadway Repair and
Bridge Approaches Repair
Contract No. 3180
Page 2
8. Mitigation Measures:
The Contractor shall arrange for and complete the required mitigation measures
prepared by LSA & Associates as shown on the attached. Where not provided for in
the Revised Proposal, the cost of these work items shall be included as part of the
Mobilization bid item. The City will hire the Biological Monitor to assist the
Contractor with the work.
Bidders must sign this Addendum No. 1 and attach it to the attached revised bid
proposal. No bid will be considered unless this signed Addendum No. 1 is
attached.
I have carefully examined this Addendum No. 1 and
have included full payment in the attached REVISED
PROPOSAL.
SUMMIT CONTRACTING
Bidder's Name (Please Print)
JUNE 16, 1998
Date
Authorized Sigoal
& Title
5L \I.f57 b 9 9tl 2 51P�l L S .a
rsa anuciaon rsa
minGATION MEASURES
The City of Newport Beach shall retain a qualified biological con-ctrue-
tion monitor (Biological Monitor) for the purpose of minimizing con-
struction impacts. The construction monitor shall be a biologist with a
thorough knowledge of the affected native plant communities and
associated wildlife, as well as construction methods and equipment.
The following specific tasks will be accomplished as part of the con-
struction monitoring:
Prior to construction, the Biological Monitor will coordinate
with biologists studying the light - footed dapper rail in Upper
Newport Bay and review/survey nesting localities and the nest-
ing status for this species. In addition, the biologist will survey
for nesting least Bell's vireo adjacent to the construction area
Prior to construction, the Biological Monitor will meet with the
contractor to review and define the following:
The limits of work in the repair areas.
The limits of stockpile/staging areas; these will be strictly
limited to non - sensitive areas, based on habitat assess-
ment, the clapper rail information, and least Dell's vitro
survey.
Haut routes.
Methods for confining work to the delimited areas, e.g.,
snow fencing, stakes and ropes.
Prc -construction conditions of temporary work areas
(discuss and document).
During construction, the Biological Monitor will periodically
inspect the site to determine that the contractor confines activi-
ties to the limits designated prior to construction.
Prior to construction, the limits of work shall be fenced with four foot
silt fence to provide a barrier to light - footed clapper rail (and young)
and to prevent unnecessary additional impacts to native vegetation.
The fencing shall extend an additional 30 feet on each side of the area
of work.
All of the temporary construction impact areas shall be restored to the
pre construction condition, or letter, with respect to substrate condi-
tion. Any areas compacted during construction shall be de -compacted
via ripping or other methods acceptable to the Biological Monitor.
Weed free soil, as identified by the Biological Monitor shall be
placed In the upper pan of the riprap, to a depth of six inches above the
top of the riprAp.
4.29,98- I \CWDN?IIDIOASU3' WFO- 10
• .. 0 •
• All willows that will be potentially damaged during construction shall
be pruned to minimize impacts.
• Prior to bridge construction, a check dam shall be constructed to pm-
vent the flow of water through the construction area. To the extent
feasible, any mobile aquatic species that remain during drainage shall be
relocated to the bay.
• All ungrouted tiprap shall be buried to a minimum of six inches with
native soil following being worked into the ungrouted riprap with a
pressurized jet of water (i.e., fire hose).
• All discharge of water into the Upper Newport Day shall be dear and
free of silt and other contaminants. "Ihc contractor is responsible for
obtaining any NPDES permits that may be necessary, e.g., for
dewatering.
• During the material removd from the landslide, a six foot soil berm
shalt be left between the bay and the haul road to reduce noise to the
adjacent light- footed dapper rail during the nesting season. The soil
berm will be removed once the nesting season is over.
• The landslide removal is planned to commence July 15, 1998; and the
bridge construction and road repair are planned to commence after
August 1, 1998. The actual dates will be coordinated with the USPWS
and may be modified to avoid impacts to the light-footed dapper rail,
depending on this species' nesting status.
DRIVE
/ WORK SITE
/ ACCESS POINT
NTS
W
N9 a
o WASHED OUT BRIDGE 4
APPROACHES 3
BIG CANYON
BARRICADED WORK SITE .
ROAD
aosuRE � ACCESS POINT
STAGE AND
STOCKPILE AREA
0PJ a
9W 11 p eP
AD CLOSLIR 'b
9�y�N
ROAD CLOSED
WASHED OUT z �O
W =° ROADWAY (✓\
WORK SITE
ACCESS POINT ' DR
FASHION
® ISLAND
tiQ
CoAyT NTS
HrgiN r
WORK SITES ACCESS MAPS
0
L
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Wakeham -Baker Inc.
18237 Mt. Baldy Circle
Fountain Valley, California 92708
Gentlemen:
(714) 644 -3005
July 6,1998
Thank you for your courtesy in submitting a bid for the Backbay Drive Roadway Repair
and Bridge Approaches Repair (Contract No. 3180) 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
PAGE
CITY Of NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BACKBAY DRIVE ROADWAY REPAIR AND BRIDGE APPROACHES REPAIR
CONTRACT NO. 318D
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 BID dollars
($ lo% OF BIp to be paid and forfeited to the City of Newport Beach if the bid proposal of the
undersigned Principal for the construction of Backbay Drive Roadway Repair and Bridge
Approaches Repair, Contract No. 3180 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 duty 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 11th day of MAY , 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
9818) 246 -5353
Telephone
Signaturelfitle
D. STONG ATTORNEY -IN -FACT
Print Name and Title
(Notary acknowledgment of Principal S Surety must be attached)
STATE OF CALIFORNIA
SS.
COUNTY OF RIVERSIDE
On�0 -,before me, ROSEMARY STANDLEY
PERSONALLY APPEARED MICHAEL D. STONG
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
OPTIONAL
ROSEMARY STANDLEY
COMM. #1090462
NOrRIV
RIVERSIDE • COUNTY
t11A
RIVEREIDE Jun 7l'
MT Caen.b Jun 7.4000
This areafor 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
TVIE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
ATTORNEY -IN -FACT
TRUSTEES)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSONS) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
ID-081 Rev. 6/94 ALL- PURPOSE ACKNOWLEDGEMENT
EXPIRATION DATE D—Vo-•7o 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 PDA are valid. Phis POA may not be used in conjunction with any other PDA. No
representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of Cal ifomia and is only valid until
the expiration date. 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 PDA or an accompanying Company bond should call your local Amwest branch office at
(918) 2465353
constitute and appoint:
SHAWN BLUME
MICHAEL D. STONG
SUSAN C. MONTEON
ROSEMARY 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
thereto ifa seal is required on bonds, undertakings, recognizances, reinsurance agreement for a Miller F
the nature thereof m follow:
Bid Bonds up to 5••1,11000
m & Pay
Contract (Perforance & Payment), Cowl, Subdivision 5'•5,000,000.00 `��y
License & Permit Bonds up to S... •250,000.00 oas
Miacellene Bonds up to 5••. •250,000.00
and to bind the company thereby. This appointment is made under and by
1, the undersigned secretary of Amwest Surety Insurance Company,
force and effect and has not been revoked and furthermore, that the
provisions of the By -Laws of the Company, are now in full force an
the seal of the company
written obligations in
are now in full force and effect.
'IFY that this Power of Attorney remains in full
on this Power of Attorney, and that the relevant
Bond No. Signed &sealed 0ti o r T
Karen G. Cohen, Secretary
i
is • ♦ tk 4 tit ♦ ♦ • f ONS T O DIRECTORS R • Is U Is • ! 4t ♦ #t It
This PDA is signed and sealed by facsimile under nd by author o owip,LC utions adopted by the Board of Directors of Amwest Surety Insurance
Company at a meeting duly held on Decembers �4' 975: tY�
RESOLVED, that the President or any tc P�Sjdent, in nJune wit Secretary or any Assistant Secretary, may appoint attomrys -in -fact or agents with
authority as defined or limited in the ins me vt emmn po tment%.ae case, for and on behalf of the Company, to execute and deliver and affix the seal
of the Company to bonds, undertaking, n ces, ip obligatip4s ofall kinds; and said officers may remove any such attorney- in- fact or agent and
revoke any PDA previously gmnte non.
RESOLVED FURTHER, that an nd, unde gni eor uretyship obligation shall be valid and bind upon the Company
(i) when signed by the President o any Vt rest d sealed (if a seal be required) by any Secretary or Assistant Secretary; or
(ii) when signed by the President or airy dent Assist ant Secretary, and countersigned and sealed (ifa seal be required) by a duly
authorized anomey -in -fact or age o ``__
(iii) when duly executed and seal (fa requir one or more anomeys -in -fact or agents pursuant to and within the limits of the authority evidenced
by the power of attorney iss ompany to sue person or persons.
RESOLVED FURTHER, that the sL a re of any authorized officer and the seal of the Company maybe affmod by facsimile to any POA or certification
thereof authorizing the execution and del' cry of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal
when soused shall have the same force and effect as though manually affixed.
M WITNESS WHEREOF, Amwest Surety Insurance Company has caused these presents to be signed by its proper officers, and its corporate seal W be hereunto
affixed this 14th day of December, 1995, OOH 45 �V ft�/Cy1 C`r� '4�/ a40(`-
John E. Savage, Pre dent Karen G. Cohen, Secretary
Stale of California
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 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 authorized capacity(ies), and that by his/her /their signature(s) in t en he er.• n 011huntily u on eh
of which the verson(s) acted, executed the instrument.
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ALL- PURPOE ACKNOWLEDGMENT •
State of California
County of Orange
On May 12, 1998 beforeme, Camilla Rpnd;x Nntary P„hlic
Data Name and Trde of OR,rar (e.g.,'Jane Doe,�ry Public)
personally appeared W.R. Wakeham
Name(s) 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),
CwnWm t 1133 or the entity upon behalf of which the person(s) acted,
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MvOmmb0ftApr W.2MI 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): Presiden
Partner — ❑ Limited ❑ General
Attorney -in -Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
Tap of thumb here
Signer's Name:
0
Number of Pages:
Individual
Corporate Officer
Title(s):
Partner — ❑ Limited
Attorney -in -Fact
Trustee
❑ General
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUNISPRINT
OF SIGNER
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0 1995 Natbrel Notary Association • 8236 Remmet Ave., P.O. Box 71M • Caioga Park, CA 91309 -7160 Prod. No. 5907 Reorder. Can TM -Free tAW- 676%627
• 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
MD Construction Group
Post Office Box 1
Corona del Mar, California 92625
Gentlemen:
(714) 6443005
July 6, 1998
Thank you for your courtesy in submitting a bid for the Backbay Drive Roadway Repair
and Bridge Approaches Repair (Contract No. 3180) 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
John S. Meek Company, Inc.
1032 West C Street
Wilmington, California 90744
Gentlemen:
(714) 6443005
July 6, 1998
Thank you for your courtesy in submitting a bid for the Backbay Drive Roadway Repair
and Bridge Approaches Repair (Contract No. 3180) 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,
err, m . ✓�
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
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 Backbay Drive Roadway Repair
and Bridge Approaches Repair (Contract No. 3180) 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
E.A. Mendoza Contracting
130 S. Chaparral Court, Suite 205
Anaheim Hills, California 92808 -2238
Gentlemen:
(714) 644 -3005
July 6, 1998
Thank you for your courtesy in submitting a bid for the Backbay Drive Roadway Repair
and Bridge Approaches Repair (Contract No. 3180) 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,
�og7,,,"
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
4 -Con Engineering, Inc.
896 West Tenth Street
Azusa, California 91702
Gentlemen:
(714) 644 -3005
July 6, 1998
Thank you for your courtesy in submitting a bid for the Backbay Drive Roadway Repair
and Bridge Approaches Repair (Contract No. 3180) 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
Gillespie Construction, Inc.
245 Fischer Avenue, Suite B -3
Costa Mesa, California 92626
Gentlemen:
(714) 6443005
July 6, 1998
Thank you for your courtesy in submitting a bid for the Backbay Drive Roadway Repair
and Bridge Approaches Repair (Contract No. 3180) 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,
IYI. d.4, -"
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
Wakeham- Baker, Inc.
3152 E. La Palma Avenue, Suite I
Anaheim, California 92806
Gentlemen:
(714) 6443005
July 6,1998
Thank you for your courtesy in submitting a bid for the Backbay Drive Roadway Repair
and Bridge Approaches Repair (Contract No. 3180) 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,
', t4ny' 4 /YV
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
1b 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Excel Paving Company
Post Office Box 16406
Long Beach, California 90806 -5195
Gentlemen:
(714) 6443005
July 6, 1998
Thank you for your courtesy in submitting a bid for the Backbay Drive Roadway Repair
and Bridge Approaches Repair (Contract No. 3180) 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
P
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Wakeham -Baker Inc.
18237 Mt. Baldy Circle
Fountain Valley, California 92708
Gentlemen:
(714) 644 -3005
July 6,1998
Thank you for your courtesy in submitting a bid for the Backbay Drive Roadway Repair
and Bridge Approaches Repair (Contract No. 3180) 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
L 1
0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Gillespie Construction, Inc.
245 Fischer Avenue, Suite B -3
Costa Mesa, California 92626
Gentlemen:
(714) 6443005
July 6, 1998
Thank you for your courtesy in submitting a bid for the Backbay Drive Roadway Repair
and Bridge Approaches Repair (Contract No. 3180) 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,
O �� /�' 11tr�eO&I"_2
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
0
Ll
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
E.A. Mendoza Contracting
130 S. Chaparral Court, Suite 205
Anaheim Hills, California 92808 -2238
Gentlemen:
(714) 644 -3005
July 6, 1998
Thank you for your courtesy in submitting a bid for the Backbay Drive Roadway Repair
and Bridge Approaches Repair (Contract No. 3180) 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
• • (33)
June 22,1998
CITY COUNCIL AGENDA
. _JTE.MN4 .. i2
er
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL -°
JUN
FROM: PUBLIC WORKS DEPARTMENT 2 2 p
i
i
SUBJECT: BACKBAY DRIVE ROADWAY AND BRIDGE APPR
AWARD OF CONTRACT NO. 3180
RECOMMENDATIONS:
zp
1. Award Contract No. 3180 to Summit Contracting of Duarte for the total amount of
$174,990.00, and authorize the Mayor and the City Clerk to execute the contract.
2. Establish an amount of $17,500 to cover the cost of materials testing and
unforeseen work.
3. Establish an amount of $9,000 to cover the cost of consultant construction
biological monitoring required by the U.S. Army Corps of Engineers (Corps) and
the U.S. Fish and Wildlife Service ( USFWS) as part of the permit conditions and
$6,100.00 for preconstruction environmental inventory.
. 4. Authorize a budget amendment to transfer funds in the amount of $168,400.00
from Account No. 7013- C5100017 (Street, Alley, Bikeway Improvement) and
$39,190.00 from Account No. 7013- C5100020 (Sidewalk, Curb, Gutter
Replacement) to Account No. 7025- C5100427 (Backbay Drive Roadway).
DISCUSSION:
The contract work consists of roadway and bridge repairs in two locations that are to be
constructed concurrently. The first part of the work consists of the construction of a
300 -foot long portland cement concrete pavement with a rip -rap embankment along the
bay side of the road to replace the washed -out asphalt concrete roadway at the John
Wayne Gulch outlet. The new concrete roadway and the rip -rap embankment: will be
built 1 -foot lower than the existing roadway to act as a spillway to allow future storm
runoffs to flow over the road without damaging the road as it did.
The second part of the work consists of the reconstruction of approaches for the bridge
just northerly of Big Canyon; the installation of timber piles and the construction of more
substantial wing walls and tail walls; and the placement of rock along the channel
bottom; and the construction of rip -rap embankments.
All work is within the Upper Newport Bay Ecological Reserve and several wildlife
species including the threatened Coastal California Gnatcatcher and the endangered
Light- Footed Clapper Rail may breed adjacent to the construction sites during the
summer months. The City has been required by the Corps and the USFWS to delay
the repair work until early August. The portion of Back Bay Drive between the John
SUBJECT: BACKBAY DO ROADWAY AND BRIDGE APPROACH REP* C -3178
June 22, 1997
Page 2
Wayne Gulch washed -out site and San Joaquin Hills Road is to remain closed and
cannot be used by the Contractor for access to the washed -out site. The Contractor is
therefore required to work with TIC to clear the Back Bay Drive slide just northerly of
Shellmaker Road to gain access to perform the roadway repair work at the John Wayne
Gulch outlet. In addition, the City is required by the Corps and the USFWS to retain a
biologist familiar with the Upper Newport Bay wildlife habitat and the wildlife and plant
species to monitor and document the work to ensure all construction is performed in
accordance with the applicable federal guidelines and permit conditions.
Staff anticipates that construction will begin on August 3 rd . The Contractor is required to
complete all of the work within 20 consecutive working days thereafter.
This project was previously advertised and bids were received on May 13 1998. The
low bidder was determined as non - responsive and the remaining two bid amounts were
unacceptable. On May 26, 1998, the City Council rejected all of the bids and
authorized staff to re- advertise the project.
The project was re- advertised while the staff was negotiating with the Corps, USFWS,
and The Irvine Company (TIC) to reduce the scope of the construction and mitigation
requirements that the agencies placed on the project to protect the native and
endangered wildlife ano plant species that could be impacted by the repair work. Upon
tentative agreement with the agencies, staff issued an addendum covering permit
requirements to all prospective bidders for inclusion as a part of the bid documents.
On June 17, 1998 at 11:00 A.M., the City Clerk opened and read the following bids for
this project:
BIDDER TOTAL BID PRICE
Low Summit Contracting of Duarte $174,990.00
2nd MD Construction Group of Corona Del Mar $202,630.00
3'd John S. Meek Company, Inc. of Wilmington $217,590.00
4t° Metro Builders & Engineers of Newport Beach $230,811.00
5'" E. A. Mendoza Contracting of Anaheim Hills $235,915.00
6d' 4 -CON Engineering, Inc. of Azusa $245,820.00
7d' Gillespie Construction, Inc. of Costa Mesa $256,389.00
8'" Wakeham- Baker, Inc. of Anaheim $293,700.00
9'" Excel Paving Company of Long Beach. $315,800.00
\\dp\sys\groups\pubworks \ counciK98\ju ne- 22\backbay.doc
•
•
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+ , SUBJECT: BACKBAY A ROADWAY AND BRIDGE APPROACH REP — C -3178
June 22, 1997
Page 3
0 The low total bid price of $174,990 is 3% below the Engineer's estimate of $180,000.
0
The low bidder, Summit Contracting, is a well- qualified general engineering contractor
who possesses a Class -A Contractor's license. Although Summit has not worked for
the City for the past few years, it has satisfactorily completed numerous construction
projects for other Southern California agencies. A check with the State Contractors
License Board confirmed that there are no pending actions against the Contractor and
the Contractor's license is in good standing with the Board.
While this project is not budgeted as part of the FY 1997 -98 Capital Improvement
Program, staff proposes to transfer funds in the amount of $168,400.00 from Account
No. 7013- C5100017 (Street, Alley, Bikeway Improvement) and $39,190.00 from
Account No. 7013- C5100020 (Sidewalk, Curb, Gutter Replacement) to Account No.
7025- C5100427 (Backbay Drive Roadway).
The majority of the damage to be repaired by this project was caused by the December
1997 and February 1998 rainstorms. Staff has obtained a commitment from the
California State Office of Emergency Services (OES) that approximately $64,000 of the
project construction costs will be reimbursed by OES to the City. Staff is also working
with the Federal Emergency Management Agency (FEMA) to recover costs for repairs
from the February 1998 storm damage.
Res ectfully submitted,
PUBLIC WORKS DEPARTMENT
Don Webb, Director?
Z-17 , . %/
0
Fong Tse, P.E.
Assistant Engineer
Attachment: Project Location Map
Bid Summary
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0* of Newport Beach*
BUDGET AMENDMENT
1997 -98
IFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
Increase Budget Appropriations AM
Hx Transfer Budget Appropriations NX
X from e)dsting budget appropriations
from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
NO. BA- 082
AMOUNT: S2o7,690.00
Increase in Budgetary Fund Balance
Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To construct a 300 foot portland concrete pavement replacing the John Wayne Gulch outlet washed -out roadway.
To install timber piles, wing walls and tail walls. To construct rip-rap embankments and reconstruct bridge approach.
ACCOUNTING ENTRY:
Amount
BUDGETARY FUND BALANCE Debit Credit
Fund Account Description
010 3605 Fund Balance Control
REVENUE APPROPRIATIONS (3601)
Fund /Division Account Description
EXPENDITURE APPROPRIATIONS (3603)
Description
Division
Number
7013
Street
Account
Number
C5100017
Street, Alley, Bikeway Impry Prgm $168,400.00
Division
Number
7013
Street
Account
Number
C5100020
Sidewalk, Curb, Gutter Rep Prgm $39,190.00
Division
Number
7025
Culture and Leisure
Account
Number
C5100427
Backbay Drive Roadway $207,590.00
Division Number
Account Number
• Automatic System Entry.
Signed: /
ancial Approval: Finance Director .Jigned: 6 —/7 -295 10
Ad ni ratio oval: City Manager Date
Signed:
City Council Approval: City Clerk Date
Cis of Newport Beach O NO. BA- 082
BUDGET AMENDMENT '# \ �L-
1997-98 AMOUNT:1 $207,590.00
cFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates Increase in Budgetary Fund Balance
Increase Budget Appropriations Af(Q Decrease in Budgetary Fund Balance
Hx Transfer Budget Appropriations X No effect on Budgetary Eua B ance
V111
X from existing budget appropriations
from additional estimated revenues JM 2 2 1998
from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To construct a 300 foot portland concrete pavement replacing the John Wayne Gulch outlet washed -out roadway.
To install timber piles, wing walls and tail walls. To construct rip-rap embankments and reconstruct bridge approach.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account Description
010 3605 Fund Balance Control
REVENUE APPROPRIATIONS (3601)
Fund /Division Account Description
EXPENDITURE APPROPRIATIONS (3603)
Description
Division Number 7013 Street
Account Number C5100017 Street, Alley, Bikeway Impry Prgm
Division
Number
7013
Street
Account
Number
C5100020
Sidewalk, Curb, Gutter Rep Prgm
Division
Number
7025
Culture and Leisure
Account
Number
C5100427
Backbay Drive Roadway
Division Number
Account Number
Off W.
-
Finance Director
Signed: /JI . "&'&
City Council Approval: City Clerk
Amount
Debit Credit
$168,400.00
$39,190.00
$207,590.00
Date
�= as -96
Date
May 26, 1998
CITY COUNCIL AGENDA
FUM ITEM NO. 6
NAY2 6
L
APPROVED
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: BACK BAY DRIVE ROADWAY REPAIR AND BRIDGE APPROACHES
REPAIR — CONTRACT NO. 3180
RECOMMENDATIONS:
1. Approve the Plans and Specifications.
2. Declare the low bid received as non-responsive.
• 3. Reject all bids received.
4. Authorize staff to re-advertise the project for bids.
DISCUSSION:
On May 13, 1998, at 11:00 A.M., the City Clerk opened and read the following bids for
this project:
BIDDER TOTAL BID PRICE
Low E. A. Mendoza Contracting of Anaheim Hills $ 184,206.00
2. Wakeham-Baker, Inc. of Anaheim $ 266,266.00
3. Gillespie Construction, Inc. of Costa Mesa $ 293,080.00
" Corrected bid total.
The low total bid price of $184,206.00 is 8% above the Engineer's estimate of
$170,000.00.
0
SUBJECT. BACK BAY DFIVE ROADWAY REPAIR AND BRIDGE POACHES REPAIR —
CONTRACT NO. 3180
May 26, 1998
Page 2
This project provides for the repair of a 300 -foot long washed -out roadway with a
concrete pavement and a grouted rip -rap embankment at the John Wayne Gulch outlet
and the rebuilding of wing walls, tail walls, and abutements for the bridge at Big
Canyon.
Since the work sites are not accessible to the contractors, the project specifications
required all bidders to attend a mandatory pre -bid meeting at the work sites so they can
review and become familiarized with the project condition prior to submitting their bids.
The project specifications further stipulated that "The City will not accept any bid
submitted by a contractor that did not attend the pre -bid site meeting." Although the low
bidder, E.A. Mendoza Contracting, is a qualified contractor for the work, they did not
attend the required pre -bid site meeting, and are therefore non - responsive in their bid to
perform the work. In addition, several contractors that wished to bid on the project,
were told they could not bid because they did not attend the pre -bid site meeting.
Inasmuch as the 2' low bidder is 54% above the Engineers Estimate, staff
recommends that the City Council reject all bids and re- advertise with the requirement
for a mandatory pre -bid site meeting being removed from the bid documents.
Respectfully submitted,
PUBLIC WORKS DEPARTMENT
Don Webb, Director
By.
Fong Ts
Assistant Engineer
•
•