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C-3227 - Sidewalk, Curb, and Gutter Replacement Program - General Services
• • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 August 17,1999 JDC, Inc. P. O. Box 3448 Rancho Cucamonga, CA 91729 Subject: 1998 -99 Sidewalk, Curb and Gutter Replacement, (C -3227) To Whom It May Concern: On July 12, 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 July 13, 1999, Reference No. 19990515928. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond numbers are 8035837 -06 and 8035847. Enclosed are the bidders bond, the labor & materials payment bond and the faithful performance bond. Sincerely, �la LaVonne M. Harkless, CMC /AAE City Clerk LH:cf cc: Public Works Department Horst Hlawaty, Construction Engineer encl. 3300 Newport Boulevard, Newport Beach 0 0 Bond No. 8035837- 06 Fidelity and Deposit Company NOME OFFICE OF MARYLAND BAL77MORE, MD 21203 1 1 1, (1N�17 KNOW ALL MEN BY THESE PRESENTS: That we, JDC, INC. Principal, (hereinafter called the "Principal"), and, of the FIDELrrY AND DEPosrr COMPANY OF MARYLAND, P.O. Box 1227, Baltimore, Maryland 21203, a corpora- tion duly organized under the laws of the State of Maryland, as Surety; (hereinafter called the "Surety ") are held and firmly bound unto CITY OF NEWPORT BEACH Obligee, (hereinafter called the "Obligee "), in the sum of TEN PERCENT OF THE BID AMOUNT- - - - - - - - - Dollars ($ (109 OF BID ) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for 98 -99 SIDEWALK CURB AND GUTTER REPLACEMENT #3227 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said'bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this -_ -_ 5th day of — FEBRUARY Witness OM -SM. S91 1))976 c.d. b A� 1.kW a Art i4C, DOOACti A -)10. Fmw 'M rAkU. 1999 JDC, INC. _-- (SEAL) Principa! Witness JSEiA JARMOND, PRESIDENT Tirle FIDELITY AND DEPOSIT COMPANY OF MARYLAND swery Tide PATRICIA M. WHITE, ATTORNEY IN FACT CALIFORNIA ALL- PURPOSE0KNOWLEDGMENT • State of CALIFORNIA County of ORANGE No. 5907 On FEBRUARY 5, 1999 before me, MICHF.T.T.F. F.- SANCHF.7 �NoTARY PNRT.Tr— — — , DATE NAME, TITLE OF OFFICER - E.G., *JANE DOE, NOTARY PUBLIC' personally appeared PATRICIA M. WHITE, ATTORNEY IN FACT- - - - - - - - - - - - - NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(l§) whose name(t) is/ subscribed to the within instrument and ac- knowledged to me that /sheDtM y executed the same in bix /her /ktgxg authorized �annnlaaulle:r r;•r ;: +'In. ^.e]n capacity(Y"), and that by MK /her /tM*K f Imo' signature(5r) on the instrument the person(s), °.': AN a or the entity upon behalf of which the s- .;r ,;,;, 17, 2Y 00 person(g) acted, executed the instrument. HOt7111 S:!]las0:.':.'J:::>a:::C:Jt:: a:J:9[I1111111ailui WITNESS my hand and official sea. 1 r <� SIGNATURE OF NOT Y OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL © ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR TYPE OF DOCUMENT -1- NUMBER OF PAGES 2 -5 -99 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENmYQES) N/A FIDELITY AND DEPOSIT COMPANY-QE--MARYLAND SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Renenet Ave., P.O. Box 7184 - Canoga Park. CA 91309 -7194 0 0 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFRCE: P.O. BOX 1227, SAL71MORL MD 21203*1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by W. B. WALBRECHER, Vice - president, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Patricia M. White, of Placentia, California, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings and the execution of such bonds or undertakings in pursuanceese presents be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and ackn,��1��.�°��d by the elected officers of the Company at its office in Baltimore, Md., in their own proper persons. (/�� e The said Assistant Secretary does hereby certify that the extract set f -fit the revers ereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. o IN WITNESS WHEREOF, the said Vice- President and Assistan have h subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND. ' 19th day of?sa . A.D. 1998. ATTEST: FIDELITY AND C SEAL �. .�..� T. E Smith i1WY OF MARYLAND By: �,crol,V 4 L� W. B. Walbrecher Vice- President StateofMaryland u: County ofBahinnre (1. On this 19th day of January, A.D. 1998, before the su c 'eej� a�Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. WALBRECHER. Vice- President and T. E. S t Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and office bed in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swo ly and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the precedi ' strument is the Corporate Seal of said Company, and that the said Cotporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. M TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. f Ca 2J. F da r t missi9 � i Noay Publ ic My C, Expires August 1, 20 CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice- President who executed the said Power of Attorney was one of the additional Via - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice- President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certificd copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 5th dayof FRRRTTARV 1 1999 Assistant Secretary L142"12 4152 -A CALIFORNIA ALL- PURPOSIOCKNOWLEOGMENT State of CALIFORNIA County of ORANGE On FEBRUARY 5. 1999 before me, PATRICIA M. WRITE, NOTARY PUBLIC- - - - DATE NAME. TIRE OF OFFICER - E.G., 'JANE DOE. NOTARY PUBLIC No. 5907 personally appeared JAMES DE ARMOND - - - - - - - - - - - - - -- - - - - - - - - NAME(S) OF SIGNER(S) ' ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(§) whose name(z) !shoe subscribed to the within instrument and ac- knowledged to me that heiabtaRbW executed the same in hisXROMMM authorized capacity( ), and that by hisAvmftbm ml signature(s) on the instrument the person(t), or the entity upon behalf of which the person(ls) acted, executed the instrument. PA 1,0,AM. WHRE maryPuc' CA9 WITNESS my hand and official seal. ar IMOry PUC �a9omiO Nry -0,010 ..unres SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑I� INDIVIDUAL U CORPORATE OFFICER PRESIDENT TmEM ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENIRYBES) DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR TYPE OF DOCUMENT -!- NUMBER OF PAGES 2 -5 -99 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park. CA 81309-7184 0 0 PAGE 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1998 -99 SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3227 BOND NO. 8035847 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to J.D.C., Inc., hereinafter designated as the "Principal," a contract for construction of 1998 -99 SIDEWALK, CURB AND GUTTER REPLACEMENT, Contract No. 3227 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. 3227 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 J.D.C., Inc., duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of eighty-six thousand, four hundred forty -five and no /100 Dollars ($86,445.00), 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. 0 0 PAGE 16 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 9th day of MARCH '19 99, JDC, INC. Name of Contractor (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 225 S. LAKE AVE., SUITE 700 Address of Surety PASADENA, CA 91101 (626) 792 -2311 Telephone Auth rized Signature/Title JAMES DE ARMOND, PRESIDENT ^\\ Authorized Agent Signature PATRICIA M. WHITE, ATTORNEY IN FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 0 CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of County of CALIFORNIA ORANGE 0 Na.59e) On MARCH 9, 1999 before me, PATRICIA M. WHITE, NOTARY PUBLIC— — — — , DATE NAME, TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC' personally appeared JAMES DE ARMOND— — — — — — — — — — — — — — — — — — — — — — -- NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person() whose name(*) is/am subscribed to the within instrument and ac- knowledged to me that heexecuted the same in hisX WtW authorized capacity(j�tg), and that by hisfh>jax signature(g) on the instrument the person(l§), or the entity upon behalf of which the person(1B) acted, executed the instrument. PATRICIA M. WHITE r ` Dmaimlen Y 27052 NotMPUbrr— CC00"40 WITNESS my hand and official seal. Orange County ._.._. My Comm. EApY85 Mar 3, 2001 _ \ SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL C� CORPORATE OFFICER PRESIDENT TTuE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTRY(IES) DESCRIPTION OF ATTACHED DOCUMENT I:1LI TITLE OR TYPE OF DOCUMENT -2- NUMBER OF PAGES 3 -9 -99 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 6236 Remmet Ave., P.O. Box 7184 -Canoga Park, CA 91309 -7184 CALIFORNIA ALL- PURPOS•CKNOWLEDGMENT • State of CALIFORNIA County of ORANGE On MARCH 9, 1999 before me, MTCHFm,F, F._ SANCHF7, NOTARY PITRTTC.— — — , DATE NAME, TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC' N .590) personally appeared PATRICIA M. WHITE, ATTORNEY IN FACT- - - - - - - - - - - - - ' NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(g) whose name(t) is/:i subscribed to the within instrument and ac- knowledged to me that /sheAtW executed the same in h" /her /jb_qjR authorized capacity(f "), and that by W/her /t9xi U signature(a) on the instrument the person(), nrr or the entity upon behalf of which the person() acted, executed the instrument. 4', a � /Cl./Fj'r1jug4gr orroOr��l %IM EE $�'N1 °ur „,11ri WITNESS my hand and official seal. 7 C 2: pr,,,7r0irrllr„Iry,'H, rs,%' P Q �a COO iv/q y BIGNATURE NOTARY °j01pgrq000 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER Tm E(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL © ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DESCRIPTION OF ATTACHED DOCUMENT :• r TITLE OR TYPE OF DOCUMENT -2- NUMBER OF PAGES 3 -9 -99 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENnTY(IES) N/A FIDELITY AND DEPOSIT COMPANY OF MARYLAND SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION -8236 Rommel Ave., P.O. Box 7184 -Canoga Par, CA 913M7184 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203 -1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY corporation of the State of Maryland, by W. B. WALBRECHER, Vil in pursuance of authority granted by Article VI, Section 2, of h reverse side hereof and are hereby certified to be in full fo constitute and appoint Patricia M. White, of Fullerton, C io make, execute, seal and deliver, for, and on its behalf,�9itrety, undertakings and the execution of such bonds or unde said Company, as fully and amply, to all intents and po regularly elected officers of the Company at its o attorney revokes that issued on behalf of Patricia WNfti The said Assistant Secretary does hereb#P' that Article VI, Section 2, of the By -Laws of sai any, IN WITNESS WHEREOF, the said esident affixed the Corporate Seal of the sa ELITY February, A.D. 1999. ATTEST: SEAL FIDELITY AND l/ 4 4 ;s in as if AND DEPOSIT COMPANY OF MARYLAND, a e- President, and T. E. SMITH, Assistant Secretary, -Laws of sad Company, which are set forth on the effect date hereof, does hereby nominate, its d lawful agent and Attomey -in -Fact, to an act and deed: any and all bonds and e of these presents, shall be as binding upon d been duly executed and acknowledged by the d., in their own proper persons. This power of ary 19, 1998. : set forth on the reverse side hereof is a true copy of in force. it Secretary have hereunto subscribed their names and IT COMPANY OF MARYLAND, this 18th day of COMPANY OF MARYLAND T E. Smith Assistant Secretary State of Maryland ss: County of Baltimore By. (+(t(Otet�iC W. A Walbrecher Vice - President On this 18th day of February, A.D. 1999, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. Walbrecher, Vice - President and T. E. Smith, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swom, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Carol J Far Notary Public My Commissi � Expires: August 1, 2000 L1428- 012- 4152AA • PAGE 17 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1998 -99 SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3227 BOND NO. 8035847 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $1, 245.00 , being at the rate of $ 14.40 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to J.D.C., Inc., hereinafter designated as the "Principal ", a contract for construction of 1998 -99 SIDEWALK, CURB AND GUTTER REPLACEMENT, Contract No. 3227 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. 3227 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and J.D.C., Inc., 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 eighty-six thousand, four hundred forty-five and no /100 Dollars ($86,445.00), 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. 0 0 PAGE 18 As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for six (6) months following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 9th day of MARCH 1449 99/ ^/f JDC, INC. Name of Contractor (Principal) Auth ized Signature/Title J S DE ARMOND, `PR�E,SIDENT FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety Authorized Agent Signature PATRICIA M. WHITE, ATTORNEY IN FACT 225 S. LAKE AVE., SUITE 700 Address of Surety Print Name and Title PASADENA, CA 91101 (626) 792 -2311 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 1/99 C� CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State Of CALIFORNIA County of ORANGE • No 590! On MARCH 9, 1999 before me, PATRICIA M. WHITE, NOTARY PUBLIC- DATE NAME, TITLE OF OFFICER - E.G..'.IANE DOE, NOTARY PUBLIC' personally appeared JAMES DE ARMOND- - - - - - - - - - - - - - - - - - - - - - - , NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(g) whose name(t) is/Am subscribed to the within instrument and ac- knowledged to me that hej2btRftbW executed the same in hisX VVW authorized capacity( ), and that by hisAmodbaiv signature(g) on the instrument the person(), or the entity upon behalf of which the person(r.) acted, executed the instrument. PATRICIA M. MIRE r WITNESS my hand and official seal. s Cenmtssion p ! 127052 S Notary Publk: -- .^clMemic ✓ c. � � MY Comm. txc we. '�C� SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL U CORPORATE OFFICER PRESIDENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR EN RY(IES) .TT1r, , INr. - DESCRIPTION OF ATTACHED DOCUMENT BOND TITLE OR TYPE OF DOCUMENT -2- NUMBER OF PAGES 3 -9 -99 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 823E Remmel Ave., P.O. Box 7184 - Canoga Park. CA 91309.7184 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE W. 590) On MARCH 9, 1999 before me, MTCHF.T.T.F. F.- SANr.HF.z, NOTARY PTTRT.TC- - - , DATE NAME, TITLE OF OFFICER- E.G.. 'JANE DOE. NOTARY PUBLIC' personally appeared PATRICIA M. WHITE, ATTORNEY IN FACT- - - - - - - - - - - - - , NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(g) whose name(4) is/ subscribed to the within instrument and ac- knowledged to me that /sheDtW executed the same in /her /jqgjR authorized capacity(t "), and that by P/her /F4XM signature(s) on the instrument the person(s), or the entity upon behalf of which the person(is) acted, executed the instrument. .LVaram::a4ae:a:I'C"I CHEZ.,v WITNESS my hand and official se I. C, 110TARY P.JO_IC CALIFORNIAN 12j LOS A:4,;ELES COUNTY E/ G C nL / -2 MY Comm. EA„iM15 Mar. U, 2000 SIGNATURE7NOTARY ,LEr ILLii )L:I;ELLiaa[S "vi Y�ilti]i 3;::.a J:ii::: 'awurw- OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER Tmr(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL © ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENnTY(IES) FIDELITY AND DEPOSIT COMPANY OF MARYLAND DESCRIPTION OF ATTACHED DOCUMENT BOND TITLE OR TYPE OF DOCUMENT -2- NUMBER OF PAGES 3 -9 -99 DATE OF DOCUMENT N/A SIGNER(S) OTHER THAN NAMED ABOVE RECORDING REQUESTEM')3YAND ' =U WHEN RECORDED RETURN TO: City Clerk .99 l u - � 9 :15 City of Newport Beach 3300 Newport Boulev. Newport Beach, CA 9 Recorded in the County of orange, California Gary L. Granville, Clerk /Recorder No Fee 19990515928 12,08pm 07/13/99 005 22055515 22 67 N12 1 6.00 0.00 0.00 0.00 0.00 0.00 1LEPK :AC} "Exempt from recording fees pursuant to Govemment 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 JDC, Inc., of Rancho Cucamonga, California, as Contractor, entered into a Contract on February 22, 1999. Said Contract set forth certain improvements, as follows: 1998 -99 Sidewalk, Curb and Gutter Replacement, C -3227 Work on said Contract was completed on May 28, 1999, and was found to be acceptable on July 12, 1999, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. BY + 2 Nj f�Ly- Public Works Director, Ach�%5 City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Exec M vport Beach, California. 0 1 0 0 TO: Mayor and Members of the City Council FROM: Public Works Department r July 12, 1999 CITY COUNCIL AGENDA ITEM NO. 7 SUBJECT: 1998 -99 SIDEWALK, CURB AND GUTTER REPLACEMENT - COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3227 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 February 22, 1999, the City Council authorized the award of the 1998 -99 Sidewalk, Curb and Gutter Replacement project to JDC, Inc., of Rancho Cucamonga, California. The contract provided for the reconstruction of sidewalk, curb and gutter, cross - gutter, and root pruning of 160 City trees within the City's Westcliff, Harbor Highlands and Dover Shores communities. 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: $86,445.00 Actual amount of bid items constructed: 86,445.00 Total amount of change orders: 14,268.37 Final contract cost: $100,713.37 Due to a favorable bid on the sidewalk bid item, a significant amount of sidewalk reconstruction was added to the project. To cover the cost of the extra improvements, a change order in the amount of $14,268.37 was authorized by the City Manager. The final overall construction cost, including the change order, was 16.5% over the original bid amount. SUBJECT: 1998 -99 SIDEWALK, AND GUTTER REPLACEMENT - COMPLETIOSD ACCEPTANCE OF CONTRACT NO, 3227 July 12, 1999 Page 2 Funds for the project were budgeted in the following funds: 10 Description Account Number Amount General Fund (Sidewalk, C &G Rep. Prog.) 7013- C3130016 $ 54,095.00 Gas Tax (Sidewalk, C &G Rep. Prog.) 7181- C3130016 46,618.37 TOTAL $100,713.37 All work was completed by May 28, 1999, ahead of the June 7, 1999 scheduled completion date. Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director By: r IILac�J Horst Hlawaty, P.E. Construction Engineer u MIS_1lSVS\USe TBWWeredCOUNCIL%Fygg.Muly -12 B-NgdM IkC -=7.dw w • • + CITY CLERK CITY OF NEWPORT BEACH k �tiW PORT � n v - z PLANS, SPECIFICATIONS, AND CONTRACT DOCUMENTS FOR 1998 -99 SIDEWALK, CURB AND GUTTER REPLACEMENT Contract No. 3227 City of Newport Beach Department of Public Works 3300 Newport Boulevard Newport Beach, CA 92658 -8915 (949) 644 -3311 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1998 -99 SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3227 TABLE OF CONTENTS NOTICE INVITING BIDS ................................................................... ..............................1 INSTRUCTIONS TO BIDDERS ........................................................ ..............................2 BIDDER'S BOND ........................................:...................................... ..............................4 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................5 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................6 NON - COLLUSION AFFIDAVIT .......................................................... ..............................7 NOTICE TO SUCCESSFUL BIDDER ............................................... ..............................8 CONTRACT...................................................................................... ..............................9 LABOR AND MATERIALS BOND .................................................... .............................15 FAITHFUL PERFORMANCE BOND ................................................ .............................17 PROPOSAL.................................................................................... ...........................PR -1 SPECIAL PROVISIONS ......................... ................................................................... SP -1 i 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1998 -99 SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3227 INSTRUCTIONS TO BIDDERS PAGE 2 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 cashiers check (sum not less than 10% of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. 0 PAGE 3 The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 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. 6�3,�v 4 Contractor's License No. & Classification J�(� . Bidder Authorfzed Signature/Tit e '77 Date Date • 0 PAGE 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1998 -99 SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3227 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 2. 3. 4. 5. 6. 7. 8. 9. 10. Jor,. ;tip Bidder PAGE 6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1998 -99 SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3227 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 Person Telephone Completed Name /Agency To Contact Number C/ �/ t111r3-,? Lam-, y /, 61G, ZSSz l7 J 9oci YIi 3131 76 i ell Hvw�� J l� Act, SL,? 8tyq 1 q 2-q qDy 3(Y Zg'L Bidder Signature/Title • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1998 -99 SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3227 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of 001+*,) �J l w. , being {ter(?e15I0.a of _ foregoi g bid; that the bid is not made in the PAGE 7 irst duly sworn, deposes and says that he or she is JD C, _ a the party making the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. n /ti e Bidder Subscribed and sworn to before me this Notary Public Author' ed Signature/Title day of 19 [SEAL] My Commission Expires: I CALIFORNIA ALL- PURPOSIbKNOWLEDGMENT State of CALIFORNIA County of ORANGE On FEBRUARY 5, 1999 DATE No. 5907 1 before me, PATRICIA M. WHITE, NOTARY PUBLIC- - - - , NAME, TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC personally appeared JAMES DE ARMOND- NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person() whose name(is) is/ow subscribed to the within instrument and ac- knowledged to me that hej =executed the same in hisXKXK%IUW authorized capacity(), and that by hisftvuWxajz signature(g) on the instrument the person(l§), or the entity upon behalf of which the person(t) acted, executed the instrument. —, PATRICIA M. wNRE Commje jen x ' V,7092 Notary Pulak — CaIBomla WITNESS my hand and official seal. Orange County My Comm. Fxprm Mar 3.2001 SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑�77 INDIVIDUAL Lip CORPORATE OFFICER PRESIDENT TmJ4S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTrY(IES) DESCRIPTION OF ATTACHED DOCUMENT NON COLLUSION AFFIDAVIT TITLE OR TYPE OF DOCUMENT —I— NUMBER OF PAGES DATE OF DOCUMENT N/A SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309 -7184 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1998 -99 SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3227 NOTICE TO SUCCESSFUL BIDDER PAGE 8 The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of receipt 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. PAGE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 1998 -99 SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3227 CONTRACT THIS AGREEMENT, entered into this 23rd day of February, 1999, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and J.D.C., Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: 1998 -99 SIDEWALK, CURB AND GUTTER REPLACEMENT Project Description 3227 Contract No. 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: A. 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 Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3227, Standard Specifications for Public Works Construction (current adopted 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, B. 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. PAGE 10 C. COMPENSATION 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 eighty-six thousand, four hundred forty- five and no /100 Dollars ($ 86,445.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Fong Tse (949) 644 -3340 J.D.C., Inc. P.O. Box 3448 Rancho Cucamonga, CA 91729 Attn: James De Armond (909) 899 -4841 F. 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." G. INSURANCE 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. 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 PAGE 11 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. 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. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) 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. b) 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. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) 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. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. 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. 4. Other Insurance Provisions PAGE 12 The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages 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. ii. 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. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, officials, employees and volunteers. iv. 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. v. 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. b) 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. c) All Coverages 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. 5. 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 0 • PAGE 13 amount provided that the Work damaged is built in accordance with the plans and specifications. 6. 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. H. RESPONSIBILITY FOR DAMAGES OR INJURY 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. 2. 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. 3. 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. 4. 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. 5. 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 H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. 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. Page 14 J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. K. 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 parties hereto have caused this contract to be executed the day and vear first written above. CITY CLERK APPR�VE S TO FORM: 6-1 AT NEY CITY OF NEWPORT BEACH A Municip Corporation By 1'1?tiC Dennis D. O'Neil, Mayor CONTRACTOR By;/ Aut orized Signature and itle f:\ users\ pbwAshared \contract\99\sidewalk c- 3227\sidewa1kcontract.doc 02118199 4ilestone Insurance Brokers P.O. Box 19598 Eight Corporate Park/ Ste 130 Irvine, [A 92623-9598 kti»: Sara Achziger mSooc» James DeArmond Construction, Inc. DBA: ]D[ P.O. Box 3448 Rancho Cucamonga, {A 91729-3448 oATE(MMIDc") 0]/V9/I999 ONLY AND CONFERS N0 RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED 8Y THE POLICIES BELOW. . oompAw, Valley Forge Insurance Company Ext: 206 * - � oom,^w, Transportatici InsQ21��M61x�:F) o �^�` COMPANY / MAR 2 2 199 �cowpaw, INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 r*co�/woommos po�/�vwvwocn POLICY EFFECTIVE pounxon/nxxuw Lro �uxrc(wm/onw,) oxrs(wm/oun,) ! uw/rS GENERAL LIABILITY AUTO ONLY. EAACCIDENT GENERAL AGGREGATE $ 1,000,000 COMMERCIAL GENERAL LIABILITY EACH ACCIDENT S S P R 0 D U C T S C 0 MP/OP AGG $ $ . 1073288497 07/01/1998 07/01/1999 B X UMBRELLA FORM 1073288452 0 07/01/1998 07/01/1999 AGGREGATE $ $ 1,000,000 OWNER'S & CONTRACT ORS PROT EACH OCCURRENCE S FIRE DAMAGE (Any one fire) $ 50,000 MED EXP (Any one person) $ 5,000 AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT $ ALL OWNED AUTOS . BODILY INJURY $ X SCHEDULED AUTOS (Per Person) A 1073288466 4 07/01/1998 07/01/1999 X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per acadent) pnv,eRTY nxwmoc v GARAGE LIABILITY AUTO ONLY. EAACCIDENT ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT S S AGGREGATE $ $ EXCESS LIABILITY EACH OCCURRENCE $ $ 1,000,000 B X UMBRELLA FORM 1073288452 0 07/01/1998 07/01/1999 AGGREGATE $ $ 1,000,000 OTHER THAN UMBRELLA FORM WORKERS — EMPLOYERS' LIABILITY TORY LK EL 11 ACCIDENT THE PROPRIETORI 1073288483 07/01/1998 07/01/1999 . ......... PARTNERS/EXECUTIVE INCL EL DISEASE - POLICY LIMIT $ OFFICERS ARE: EXCL: EL DISEASE - EA EMPLOYEE $ 1,000,000 OTHER ertificate Holder is named Additional Insured per form G-17957-E attached as respects to 998-99 Sidewalk, Curb and Gutter replacement. Contract #3227 lV days notice of cancellation for non-payment of premium. SHOULD ANY op THE ABOVE DESCRIBED POLICIES ac CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MXX)MMAIL *R0 L' DAYS WRITTEN NOTICE ro THE CERTIFICATE HOLDER NAMED rv THE LEFT. City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 SHOULD ANY op THE ABOVE DESCRIBED POLICIES ac CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MXX)MMAIL *R0 L' DAYS WRITTEN NOTICE ro THE CERTIFICATE HOLDER NAMED rv THE LEFT. City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 ! G- 17957 -E CNA • (Ed. 04/97) Flx All N Commitments You! lake THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT 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 (called additional insured) whom you are required to add as an additional insured on this policy under: 1. A written contract or agreement; or 2. An oral contract or agreement where a certificate of insurance showing that person or organization as an additional insured has been issued; but the written or oral contract or agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage," "personal injury" or "advertising injury." B. The insurance provided to the additional insured is limited as follows: 1. That person or organization is only an additional insured with respect to liability arising out of: a. Your premises; b. "Your work" for that additional insured; or c. Acts or omissions of the additional insured in connection with the general supervision of 'your work ". 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or agreement or in the Declarations for this policy, whichever is less. These Limits of Insurance are inclusive and not in addition to the Limits of Insurance shown in the Declarations. 3. Except when required by contract or agreement, the coverage provided to the additional insured by this endorsement does not apply to: a. "Bodily injury" or "property damage" occurring after: G- 17957 -E (Ed. 04/97) (1) All work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured at the site of the covered operations has been completed; or (2) That portion of 'your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. b. "Bodily injury' or "property damage" arising out of acts or omissions of the additional Insured other than in connection with the general supervision of 'your work ". 4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," "personal injury," or "advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, design or specifications; and b. Supervisory, inspection, or engineering services. 5. overage provided under this endorsement to an adaftiecal insured shall be excess over any other valid an ectible insurance available to the additional insure ether primary, excess, contingent or on any other b ' unless a contract specifically requires that this -Insurance be primary. \� Page 1 of 1 ADDENDUM TO CERTIFICATE OF INSURANCE Paragraph 5. of endorsement 9G- 17957 -E is deleted as respects this project. It is agreed Contractor's insurance 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. Page PR -1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL 1998 - 99 SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3227 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P. 0, Box 1768 Newport Beach, California 92663 -8915 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3227 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization @ Dollars and Q Cents Per Lump Sum 2. Lump Sum Traffic Control @ CO t ,e-5n.o Dollars and Cents $ /Q[3�> $ 1 Per Lump Sum 3. Lump Sum Clearing and Grubbing @ rs and Cents Per Lump Sum ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 160 Each Root Prune Existing Parkway Tree @ i'1U�' Dollars and Cents Per Each 5. 210 L.F. Construct 6" P.C.C. Type "A" Curb and Gutter Dollars and Cents Per Linear Foot 6. 12,600 S.F. Construct 4" Thick P.C.C. Sidewalk @ /� Dollars and ^_Cents Per Square Foot 7. Lump Sum Restore Damaged Private Improvements @ J(�� �5� Dollars and -� - Cents Per Lump Sum S. 1,000 S.F. Construct 6" Thick P.C.C. Driveway @ Dollars and Cents Per Square Foot 9. 200 S.F, Construct P.C.C. Access Ramps @ Dollars and Cents Per Square Foot Page PR -2 $� $ / $ /S- $ °�2 W� $ �m 3 $ �Da $ , _ • E Page PR -3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 210 L. F. Construct 8" Thick A.C. Patch Back Dollars and v� Cents $ _L_ $ r Per Linear Foot 11. 65 S.F. Re- construct 8" Thick P.C.C. X- Gutter Over 4" Thick C.A.B. @ Dollars and )� Q�D �aa Cents $ _L! $ 4f Per Square Foot TOTAL PRICE IN WRITTEN WORDS Dogs' and i C nts $ y`�� m 1 Total Price Bidder's Name J- oc �C. Bidder's Address Iy J y y V k6aA1C.t-o Bidder's Telephone Number 901 sw(ay/ Contractor's License No. & Classification 695 3 3 / Date Auth rized Signature & Title Sl • U February 22, 1999 CITY COUNCIL AGENDA ITEM NO. 8 APPROVED..... TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS AND GENERAL SERVICES DEPARTMENTS SUBJECT: 1998 -99 SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3227 — AWARD OF CONTRACT RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3227 to J.D.C. Engineering, Inc. of Rancho Cucamonga for the Total Bid Price of $86,445.00 and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $8,400.00 to cover the cost of testing and unforeseen work. DISCUSSION: On February 11, 1999, at 9:00 A.M., the City Clerk opened and read the following bids for this project: 10 Keiter Corp. 11 Topline Construction 12 Kalban, Inc. 13 Nobest, Inc. TOTAL BID PRICE 'Corrected Bid Total • $86,445.00 $87,627.00 $88,645.00 $89,815.00 $94,630.00 $103,057.50 $104,000.00 $107,350.00 $115,450.00 $119,115.00 $119,999.00 $127,662.80 $155,940.00 BIDDER Low J.D.C. Engineering Inc. 2 Standard Engineering 3 West Coast Construction 4 Los Angeles Engineering 5 Pavement West 6 KAS Equipment Rental 7 Renwick Egan, Inc. 8 M. Ahmadi Construction & Engineering 9 Zavanian Construction & Engineering 10 Keiter Corp. 11 Topline Construction 12 Kalban, Inc. 13 Nobest, Inc. TOTAL BID PRICE 'Corrected Bid Total • $86,445.00 $87,627.00 $88,645.00 $89,815.00 $94,630.00 $103,057.50 $104,000.00 $107,350.00 $115,450.00 $119,115.00 $119,999.00 $127,662.80 $155,940.00 Subject: 1998 -99 Sidewalk And Gutter Replacement Program Contrac 3227 — Award of Contract February 22, 1999 Page 2 The low total bid price of $86,445.00 is 7% below the Engineer's estimate of $93,000.00. The low bidder, J.D.C. Engineering, Inc. of Rancho Cucamonga, is a well - qualified general contractor who possesses a Class -A Contractor's license. J.D.C. Engineering, Inc. has satisfactorily completed construction projects for the City and other Southern California agencies. This contract provides for the improvement of approximately 12,600 square feet of sidewalk, 200 linear feet of curb and gutter, 1,000 square feet of driveway approach, 100 square feet of cross gutter, and root pruning of 160 trees within the City's Westcliff, Harbor Highlands and Dover Shores communities. These replacements are necessary to eliminate existing uplifted /displaced public improvements, and to eliminate localized water ponding by restoring acceptable drainage to gutters that have been depressed or have uplifted. Depressed sidewalk, curb and gutter are usually caused by settled subgrade soil. Uplifted sidewalk, driveway approaches, curb and gutters are typically the result of uncontrolled growth of tree roots. Funds for project are currently appropriated in the General Fund, as follows: Fund Account No. Amount Sidewalk, Curb & Gutter Replacement Program 7013- C5100020 $100,000.00 The project plans, specifications and schedules were prepared by Public Works and General Services staff. The contract specifications require the Contractor to complete all contract work within 45 consecutive working days. Respec Ily s bmitted, PUBLIC WORKS DEPARTMENT Don Webb, Director By: Mod 0 aLjjnu, Ed Wimmer Senior Civil Engineer Attachment: Bid Summary f: \users \pbw \shared \council \fy98- 99\feb -22 \1998 -99 sidewalk award c- 3227.doc m r r = Z V W Q w �y CL m Q �W 0 W IX Z O L3 OV U � CL • Z z Q U u u C17HC W J N M A i Y im U c W Vw Z_ 0 0 z wa Allk u N (n J -I §2IN _« u F ' 3 U � Y m (q m a U d U o, a a U v �'U r w a � m � v ' 7 J Q y u V L L ~ E0 OJ V U J y c o U af © ©o ©0000eI r F. 0 o 0 0 0 0 0 0 0 O 0 O 0 O 0 O 0 O 0 O o p p F-Z o 0 0 00000 00 � ,6 U Z Z) o0 0 0 ooN000 0 0 0 0 O o o�n 0 0 r O 00 O O N M O C V N V U g uiw L6 VW vi �(»e�vi NW «n win i9 6N9 m W ¢ M to O C7 ¢ V N W � Y O 0 0 0 0 0 0 0 0 0 0 0 0 U 0 o0 0 000 o 0 0 o 0 0 0 0 0 0 0 WZ 0 0 0 NK fA WZ to O O O O N� M 00 f9 fA fA 3 n Lo es M ui 0 0 0 0 0 0 C7 0 0 0 0 0 0 0 0 0 0 0 o p 0 0 0 0 F z Z 0 0 0 0 0 0 0 0 0 0 r zD o 0 w 0 0 0 0 M r o o N O N N N N C 0 0 0 0 OD N O O to O �O � f9 fA W W fA M w ¢ vi w Fn z ¢ o C z O w W o0 0 oo�no p 0 o 0 0 0 o rn o o rn o 0 rn a E- O O O O O O O M O M QHO LLl N o0o N MM Z 0 �rir N uio� OZ 0 0 0 F p Z, O ui f9 to Z Q= N cl N «A N 0 0 0 0 0 0 (n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o p 0 0 0 0 0 0 0 0 0 0 o p O F- o000000000N,� N r m 0 N N r (O N N M 0 0 0 N N O O O N h- r o 0 M M 0 M Cq O fA N w f9 w d3 % z¢ U > ¢ 0 00000 oo(noo n'H 00000 inoor�no 0 0 0 0 0 0 0 0 0 o 0 m 0 o 0 0 0 0 0 0 0 0 c�i o�'ivo vi= O O O t0 0 O Z O O O O O O V di i9 H) O O fA M t9 M p �9 f9 N M M 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Z 0 0 0 0 0 0 0 0 0 0 0� 0 2 � C) O O O O> O O O O N r N N O 0 O 1n O N LL� O t0 0 r N N N M M a to N O Q O 6 i9 M f9N b9 W Vi f9 fA ;; fA cli NQ to to � Z ¢ W w h 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O N O h 0 0 0 0 0 0 0 0 0 W Z~ O � O rn O o r ��wou>»inwS O V 0 Como M N h od A�� a w wZ r N N N p f9 f9 w V9 �ssw» w u N (n J -I §2IN _« u F ' 3 U � Y m (q m a U d U o, a a U v �'U r w a � m � v ' 7 J Q y u V L L ~ E0 OJ V U J y c o U af © ©o ©0000eI r m _o D n D N U d 0 ci U Z o 0 0 0 0 0 0 0 0 0 o p = 0 O O O O 0 0 0 0 N O O rW L6 VW NH NW Q� i9 6N9 iA W M to O C7 ¢ W � Y U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 WZ 0 0 0 NK fA O to M �A M� F w v� es ui 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 F z Z 0 0 0 0 0 0 0 0 0 0 r zD o 0 w O O N N OJ O r N N er << < fA to R f9 fA W W fA M w ¢ vi w Fn o C O W o0 0 oo�no 0 000 rn a E- O O O O O O O M O M O O LLl N O N Z 0 L6 N 'n Hi F p ID ui w «n «A 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 F 0000 00000 vi uip Z 0000 In N In � 0000(no N O O Ol N r m 0 N N r (O N N M N p h- wQ > ¢ 0 00000 oo(noo n'H 00000 inoor�no 000vi 0 c�i o�'ivo vi= O O O t0 bi O to �A 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 K~ O O o 0 0 0 0 0 0 0 N 0 w W Z 0 h 0 m 0 O N r O N 0 V 0 O 0 0 N r N K O O N N O Q O 6 N to t9 f9 ;; fA � IA to to � Z ¢ w U) W 0 0 0 0 0 0 0 0 0 0 0 J 0 0 0 0 0 0 0 0 0 0 0 W Z~ O � O rn O o r ��wou>»inwS O V 0 f0 M N h a N W f9 f9 V9 J m _o D n D N U d 0 ci � N N Z U W Q 2 W Nm x L W 00 a W Y Z C Q U. 0 >- CJ � J U m a z 0 Q U O J m I V W U rn¢<w(~j W � = � J Z 0 H OU w d Z o O O o 0 0 0 0 o p U F o 0 0 0 0 0 0 0 0 o p F Z o o r o 0 o r o 0 o vi 000o U� 0 t0 0 �O al Yl N M M OJ O OJ N O N N O Cl! 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