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Home My WebLink AboutC-3249 - Balboa Peninsula Alley Improvement Project; Alleys 233, 234, 228 D & ECITY OF NEWPORT BIACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 August 17,1999 E. C. Construction Attn: Kenneth D. Walters 2213 Chico Avenue South El Monte, CA 91733 Subject: Balboa Peninsula Alley Improvement Project: Alleys 233, 234 and 228 D & E, (C -3249) 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. 19990515930. The Surety for the contract is United Pacific Insurance Company, and the bond number is B2921969. 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 Me,r -39-99 07:24A EC Construction 626 444 3077 P.02 • • PAGE 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 3249 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 Amount * * * * * * ** dollars ($ 10 % * * * * * * ** ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of BALBOA PENINSULA ALLEY IMPROVEMENT PROJECT: ALLEYS 233, 234, 228 D & E, Contract No. 3249 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 30th day of March '1999 E.C. Construction Co. c\ =� » .� �Y ��g2`Jlf a& Name of Contractor (Principal) Authorized SignaturefTitle United Pacific Insurance Co Name of Surety C/0 reliance Surety Co. 700 N. Brand Blvd., #1250 Address of Surety Glendale, CA 91203 Au prized Agent Signature Diane Hatfield, Attorney -In -Fact Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) RELIANCE SURETY COMPANY w ELLANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the lava of the State of Delaware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duty organized under the laws of the State of Wisconsin (herein collectively called "the Companies ") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Gary B. Merrill, of Pasadena, California their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver for and on their behalf, and as their ad and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attomey(s )-in -Fad may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows: ARTICLE VB -EXECUTION OF eONDSAND UNDERTAxtNGS 1. The Bart of Dnaam, Ibe President, the Chairman of the Bomd, any Seukr Vice Preai!M any V'ae P idea or Aautam Vi= Ponodem or other oflm destgmW by dw Bomi a Dar sbtll have power and authority m (U appoint Anon .) -m-Fam and to autMve them to exaute on belulf of the Cm pnry, bow and uo l akispp. remrmintsp, contracts of indemnity and od. wimop nWiplay in the two. thorn(. and (b) to taome any such Amotrcy(s)-m -Faro m any time acct revoke We pow and authority gi. m Nee. 1 Amorney(s)-in Fact shall lave pow aM auN q. subject an the tams ad limitations a the Punter of Amrney issuN to them, m mecum and ddiva no Ee1W f ar the Company. bonds aM wdertek'ugs. .dim setae, ' in the of oon, d iry and other writiy abliptay th dot testae thereof. The nxponte sit u m tacesary for the validity of anY bond, and undmakitgs rtcogniavm, maraca of iMCmnin..M odor witinp ablipmry N dot name thrrmf. 3. Atmrxyls }io-Faa stall bm paver and amhofhy to execute affdavim required to be atuched to bmda, taognumce, contracts of Wemary or other , itioal or mligsary undemakin, and they shall also lave power aM ourheriry to certify the lateral statement a the Company ®d to mp'sa of the By-laws of the Company a any attack or scion thvmf. Thu Pow of Attaay is signed and smlN by facaimte miler and by ambori y of the folinwitg remitmon moptM by the Faecudvc and Finamm Committee a the Boards of Diacton a Rcliaae Immaae Company, Um" Paeifa Ins. Company and Rdima National Imo m uty Company by Unatimass Cauca dead a of Nbruay 28, 1991 and by ft Exemdve and Financial Committee a the Beard of D"uatots of Reliance Suety Company by Unaoimaa Cauca dead as of Maack 31, 1990. 'Rmulvnd Naa the sgnamrm of such dire ms and oraera and the sml of the Company may be alt nd to any suN Pow of Amo my or any artifimte relmiry Nen:m by famimik, and any mcA Pow of Aanay or artificam bearing math faeimile sitnamses a famim sml stall be valid and binding upon the Company W my sat Pow so a mead and mvifrd by fam m b, signature and faaimik sal Anil be valid W booting upon the Company. its the intone with top= to any bond a uttlaaking to wbkh it is aachcd.' IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this July 11, 1997. RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY oSEALm + °J�wSEALma= `SEPL "'~` RELIANCE NATIONAL INDEMNITY COMPANY ��999 i4t9592 0 mr99: e �O.B rp %b di '9C01f D STATE OF Washington } "//_ _CM•r{ ' COUNTY OF King } ss. On this, July 11, 1997, before me, Laura L. Wadsworth, personalty appeared Mark W. Alsup , who acknowledged himself to be the Vice President of the Reliance Surety Company, Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized officer. In witness whereof, I hereunto set my hand and official seal. 36SM1 Notarg Public in an for the State of Washington Residing at Puyallup I, Robyn Laying, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and Correct copy of the Power of Attorney executed by said Companies, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this30th day of March year of 1999 �� w a•" +ti eOpVO/(�wi �pO OgeW2 a O PON4 ot. i aS end Pm= '� � W oSEALm a �41$F95x9m o a r �i 9CDtP'=a acn �ws" °. 2,,,x rte' ''vb b� Assistart.5tcreflify - THE BACK OF THIS DOCUMENT CONTAINS AN ARTIFICIAL WATERMARK - HOLD AT AN ANGLE TO VIEW 9 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Los Angeles On March 10, 1999, before me, Ileann R_ Mendoza , Date Name and Tide of Officer (e.g.. 'Jane Doe. Notary PubliC) personally appeared Diane Hatfield Names) of Signers) I'EANA B. MENDOZA Cc1- ^L^.^s:o^ = 1762088 =ys NO'Cty PUDIiC- Caffornia Los Argees Co. my My Coma... =xoires Nov 17, 200 t [%personally known to me proved to me on the basis of satisfactory evidence to be the personpq whose name(A is /i%C subscribed to the within instrument and acknowledged to me that he /she /y= executed the same in AAs /her /tlgkig authorized capacity, and that by jdp/her /ter signature(t on the instrument the person(st or the entity upon behalf of which the person(;r) acted, executed the instrument. WITNESS my hand and official seal. JL&,,V t7✓ b ��- Place Notary Seal Above 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 Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact IN Trustee Guardian or Conservator Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER C, 1997 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313 -2402 Prod No 5907 Reorder: Call Toll -Free 1- 800- 8766827 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of LOS ANGELES I SS. 0 On 4 -1 -99 ,before me, SUSAN A. ROBERTSON, NOTARY PUBLIC Date Name and Title of Officer (e.g.,'Jaoe Doe, Notary Public ") personally appeared KENNETH D. WALTERS, PRESIDENT MAN A RCI80MN Ca m*don 1111666 s Wtcry Pmk— CaKanb ! Lm Cm* M v Cams. EmIrar Plv+ 11.2606 U personally known to me 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), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required bylaw, 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 Signer's Name: El Individual Corporate Officer — Title(s): Partner — O Limited ❑ General Attorney in Fact n Trustee Guardian or Conservator C Other: Signer Is Representing: Number of Pages: RIGHT TMUNIRPRINT OF SIGNER 0 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chattimoh. CA 91313 -2602 Prod. No. 5907 Reorder: Call Toll -Free 1- 800 -876 -6827 PAGE 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PENINSULA ALLEY IMPROVEMENT PROJECT; ALLEYS 233, 234 228 D & E CONTRACT NO. 3249 BOND NO. $2921969 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to E.C. Construction Company, hereinafter designated as the "Principal," a contract for construction of BALBOA PENINSULA ALLEY IMPROVEMENT PROJECT; ALLEYS 233, 234, 228 D & E. Contract No. 3249 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. 3249 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, E.C. Construction 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 of fifty- nine thousand, one hundred eighty-nine and 42/100 Dollars ($59,189.42) 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. 9 0 PAGE 15 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 19th day of April , 19-2�9-. E.C. Construction Co. Name of Contractor (Principal) United Pacific Insurance Co. Name of Surety C/0 Reliance Surety Company 700 N. Brand Blvd., #1250 Glendale, CA 91203 Address of Surety 818 -547 -6723 Telephone A ri ed `V-n,, relTtle ( V, — Authorize t Agent Sign ture Gary B. Merrill - Attorney -In -Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Delaware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called "the Companies*) and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Gary B. Merrill, Diane Hatfield, James F. Huff, of Pasadena, California their true and lawful AHomey(s)-in -Fad, to make, execute, seal and deliver for and on their behalf, and as their act and deed arty and all bonds and undertakings of suratyshlp and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Aflomey(s)-in -Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows: ARTICLE VR - EXECUTION OF BONDS AND UNDERTAKINGS 1. The Bold of Dnos , dr P.Wi . dse Ch k. M dr Bwd. any Sni Vie Praiden. any Viz Praidem or Aaiwn V. P kkm w W. offcs,faiznz by the Boyd of D'uotoa abB bw power art autl iy on (U appvim Am y(ai i Fan ad m aaborim them in motxac on bN r of da Cmnp y, bands ad undwtinp, roopko , mmsru of idamnity sod onto weairy wipmsy in fa nature dlaeof, sod (b) on remora sly such Amw y(s )-in-Faot a any lime and nwhe the paw aed surboriry 4nta m dam. 2. Admoey(sl- in-Fso shall heve pow ad authority, mbloct m Kas kr® ad limiutiom or dr Pow of Amoq mud an them, m mount m1 Ws a on he f of tba Company, beds end uodwtWaW, rw5n., 000rxm of todwlsdy art oyha wlidap obIWn r a dr na0ue d,areof. The owpwsrc sal u not lasmry fa to midi, a soy bode ad undwkinp rasp... romtaan of i� ,,, and onto writing oblipte, in the name tharnf. 3. Amvmy(sFLsFau shall b e power W amboiry m/e¢c�nre� Wdarirs requisd m be emdad m boll, raagniumo. oono a of idemmy or otW mduiad a oblipmry uadwkiop and they shvtl aho haw poonz 1 lud y m aSEay do f10KYI =Mmem of die C nopooy i m gQlm of ds By -Lawn of the CompIDy or my atric or waka dwwf. Thu Pane of Aomency is sipd ad sold by faoim It uo a amd by malwity of d,e followiap radotioa adoprd by rhe Faecmhe aed F'u uc CoEOmittea of Abe Boards of D'uatos of Rdnavice I.. Company, United P.M. Immae Company W Rclbtc NasiooJ W many Coogsny by Unaaiwla Comes dared as of Rbn 28. 1994 and by the FseEVtivc ad Financial Commilta or the Bw of Dkemw of Rclw. Surety Company by Usao'i m Caoua Ned as of Macb 31, 1994. 'Rmhed do the si`nstmes of such dincmn ad offs as the seal of de Canpny my in afford many such Power of Apossey or any ccnlfi sektia5 them by foimik, atl any such P of Amvey or an &.m burin v fa .& s'gnama ar J...k sal shall be valid ad bWoI, upa dr Cmpalty ad say suN Pow so c.msl art o ratified by hstiaik sgsaono and tnmimilo sal ab11 he void ad bidhq s p. dr Coog , in dr (Mute wbb repro to soy bond or v.derukft m wbib'n i. garbed.' IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this January 18, 1999. 0*06 1h EYN.IXpE. Ogq aP Cpy�PORq 4ry t i £ tS�AL t ]em' bs'ycosAme sW a`y a 1.v� STATE OF Washington ) COUNTY OF King ) SS. RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY } On this, January 18, 1999, before me, Laura L. Wadsworth, personally appeared Mark W. Alsup , who acknowledged himself to be the Vice President of the Reliance Surety Company, Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnify Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duty authorized officer. In witness whereof, I hereunto set my hand and official seal. NDfAlff '• > Notary Public in and for he State of Washington Residing at Puyallup I, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMP- ANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct Copy of the Power of Attorney executed by said Companies, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 19th day of April year of L9 99 Assistant Secretary 0 • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Los Angeles On April 19. 1999 , before me, Diane Hatfield , Data Name and Title of Oficer (e.g.. 'Jane 000. Notary Public-) personally appeared Gary B. Merrill Name(s) of Signer(s) DIANE HATFIBD t Commission # 1199105 i y - Notary Public - California > Z Los Angeles County MY Comm. B pkw Oct 30, 2002 Place Notary Seal Alcove XX personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person0G) whose name(% is /XM subscribed to the within instrument and acknowledged to me that he /968t9tllay executed the same in hisMUMM authorized capacityi}tit<9ckC and that by his /KRNXMV signature(SO on the instrument the personal, or the entity upon behalf of which the person(jo acted, executed the instrument. WITNESS my hand and official seal. �) nr /lc� Gc74_�q`Q /cC 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 Signer's Name: Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER 9 1997 National Notary Association • 9350 On Soto Ave.. PO, Box 2402 • Chatsworth. CA 91313 -2402 Prod, No, 5907 Reorder, Cali Toll -Free 1- 800 - 876-6827 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California 11 LOS ANGELES } ss. County of J On 4 -26 -99 before me, SUSAN A. ROBERTSON, NOTARY PUBLIC Date Name and Title of officer (e.g., 'Jane Doe, Notary Public') personally appeared KENNETH D. WALTERS, PRESIDENT Names) of Signega) BLOM A. aoeeasON CorrwrAWM 0 1116411E6 NortzyRbla— CaMarlW - i Anpebs cl My Cornm. ExPires Nov 11, 200D 7-7 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare 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), or the entity upon behalf of which the person(s) acted, executed the instrument. WIT SS my hand and o icial seal. Place Notary Seal Above 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: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here Corporate Officer — Title(s): ❑ Partner —0 Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: C 1997 Nabonal Notary Association • 9350 De Soto Ave.. PO. Box 2402 • Chatsworth. CA 91313 -2402 Prod. No 5907 Reorder. Call Toll -Free 1 800- 8166821 0 0 PAGE 16 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PENINSULA ALLEY IMPROVEMENT PROJECT; ALLEYS 233, 234, 228 D & E CONTRACT NO. 3249 BOND NO. B2921969 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 556.00 - Five Hundred Fifty -Six Dollars being at the rate of $ 9.4 Per thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to E.C. Construction Company, hereinafter designated as the "Principal ", a contract for construction of BALBOA PENINSULA ALLEY IMPROVEMENT PROJECT; ALLEYS 233, 234, 228 D & E, Contract No. 3249 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. 3249 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and E.C. Construction 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 fifty -nine thousand, one hundred eighty -nine and 42/100 Dollars ($59,189.42), 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. E PAGE 17 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 19th day of April , 19 99 . E.C. Construction Co. Name of Contractor (Principal) United Pacific Insurance Co. Name of Surety C/0 Reliance Surety Co. 700 N. Brand Blvd., 111250 Glendael, CA 91203 Address of Surety 818 -547 -6723 Telephone Gary B. Merrill - Attorney -In -"Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED •'S>i'&'33a1i. �3�� T+`�'1 �' _ — .I�TL�Yi�, >r'- :',�tY: is -^..i ', 'v" "t--- a. RELIANCE SURETY COMPANY KELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Delaware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively piled 'the Companies") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Gary B. Merrill, Diane Hatfield, James F. Huff, of Pasadena, California their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver for and on their behalf, and as their act and dead any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attomey(s)-in -Fad may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows: ARTICLE VII • EXECILMON OF 1. The Bond or Diams, tha Poiba, dm Chairman of the Board, any Sa'w mix Pmidmn, any vice Pmidat or Amman vc Peskfcd or obu offma dmigatd by the Bond of Pmmm"ham power and abofry m (a) appoint Amctay(O} Fm ad m auaac them to u no bebalf of the Company, boils as uttivukittp, �mom, mamaea of indtatdry ad %ha omibp dA*.mry b We tarn, dtutof, ad (b) to trmwe ay amb Atmamy4H.Fay u any time ae invoke x pow, ud atborky {worn to da n. 2. AtamoansFi Fan aW l haw power ad a borky. mb)ru to d rums ad Bmkucm of Ile,: Power of Atm ucy mtsd to them, m any..- mod Miner on lead( of flee Company, boob and adavkkp, remy,iouhs, a,maca of Wommy ad other srrititaa obllptay k the naoa tbum f. 7be capaam scat 6 mat non ay fa th vdidiry of holy bonds ad amtdvmkbgs taognim ma. o mewm f &an." ad mama .nimp obliptay in der mama th f. 3. Aum.,(.J• Fat sbW have pmwsa ad ambuvy to en viz a(fibvin r Trod m be atsaAOd m b°nb. taagmimsm. raomaeu of indcmtd y or uhc mm il,boal or mblipmsy umIcnakim had dmy sW alp have powsx ant albs 1, to comfy dm fmacial mammon of der Company ant m mph of tha By -Lana of d. Company or any mtkk a ae"im thacof. TAu Powv d AmoeaY o sigtmd and mrald by famimik udu ad by aud,oriry of to foBOriog tnoludon adopmd by c Emautive em Fkatae Camminta of mho Bards of Dkatas d Reliance Immatas Company, Urvtd Paifc Imutaa Company and Miaman Naromd Indemaity Company by Unaulmom Comem dmd u a February 28, 1991 ad by the Eucotve ad Financial Committer of the Board of D'mccmts of Relianac Surely Company by Unanimous C. damd m a h 31, 1994. 'Rednd that the sig m of mmb dhaucm acl offma, and dm mal of the Company may be blued In any such Power of Amaacy or my aaifaamo melai,tk tbmem by faaimik, ad any wrh Powv of Amway or attiemm bmain amh famsimib sigmmuu or fasimik pal shah o valid ant binding upon the Company ad M ox,h P. an mocumd and matifad by famkmik sitmmes ant famimik sal sbal be valid ad biding W. the Company, in d. funaa ,rib mnp. m any hood or umkrWitq m which k u mand.' IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this January 18, 1999. et(se wwnhavv °fps tN(,,�M P F� C °pppq� PO m ; _ °S�mi SEAL _ I/t 19592= y9xsvv Sp3sc°ts°'�aa +ma b . . STATE OF Washington ) COUNTY OF King ) as. RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY / fit On this, January 18, 1999, before me, Laura L. Wadsworth, personally appeared Mark W. Alsup , who acknowledged himself to be the Vice President of the Reliance Surety Company, Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized officer. In witness whereof, 1 hereunto set my hand and official seal. p >�BfN Notary Public in and fc a State of Washington Residing at Puyallup I, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMP- ANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force and effect. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the seals of said Companies this 19thday of April year of 1999 Oh ASSISant Secretary 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of _Los Angeles n LJ On April 19. 1999, before me, Diane Hatfield , Date Name and Title of Officer te.g.,'Jana Doe, Notary Public') personally appeared Gary B. Merrill Namets) of SNrer(s) �— DIA111 HATFIELD Commission # 119910.5 Notory Public - Collfornio LAS Angeles Courtry MM comm. &Ompct 30.21]71 Place Notary Seal Above IM personally known to me ❑ proved to me on the basis of satisfactory evidence to be the persona whose name(io is/IBRBC subscribed to the within instrument and acknowledged to me that he/xkff M executed the same in his /hai7bak authorized capacity(i1 x), and that by hiSfto g signature(N) on the instrument the person(go, or the entity upon behalf of which the person(j) acted, executed the instrument. 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 Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER e 1997 National Notary Association • 9350 De Solo Ave.. PO. Box 2402 • Chatsworth. CA 91313 -2402 Prod No, 5907 Reorder. Call 7o11 -Free 1- 800878.6827 • 0 Recorded in the County of Orange, California RECORDING REQUESTEOBYAND 'L Gary L. Granville, Clerk /Recorder WHEN RECORDED RETURIJ70: �IIIIIIIIIIIIIIIl IIIHI111IIIIIIIII 111IIIIlIIIIIIIIIIIIIII!!lCIB + No Fee City Clerk ro 2000 a.o2267 �eJ00�0!0008 0001/3/99 '99 ,IUL LC A9'��s zzesssis zz s� City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 926RCE CE CITY CLERK ITY V ' :` -'FORT BEACH "Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and E.C. Construction of El Monte, California, as Contractor, entered into a Contract on April 12, 1999. Said Contract set forth certain improvements, as follows: Balboa Peninsula Alley Improvement Project: Alleys 233, 234, and 228 D & E, C -3249 Work on said Contract was completed on June 11, 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 United Pacific Insurance Company. BY rr IC0MAumJ!P!— Public Works Director, A4 4- •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. Executed on _3 f %( at Newport Beach, California. BY �G'�1, nt �� l . ��.'��'' f7 OF NFLr City Clerk �� 0 0 L Jlj i 2 July 12, 1999 L CITY COUNCIL AGENDA APPROVED I ITEM NO. s TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: BALBOA PENINSULA ALLEY IMPROVEMENT PROJECT: ALLEYS 233,234 AND 228 D & E - COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3249 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 April 12, 1999, the City Council authorized the award of the Balboa Peninsula Alley Improvement Project (Alleys 233, 234 and 228 D & E) to E.C. Construction Company of South El Monte, California. The contract provided for the reconstructing of deteriorated alley asphalt pavement with Portland Cement Concrete (PCC) pavement. (See attached location map). 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: Actual amount of bid items constructed: Total amount of change orders: Final contract cost: $59,189.42 56,303.35 0.00 $56,303.35 The decrease in the amount of actual bid items constructed over the original bid amount resulted from a reduction of actual quantities constructed as measured in the field. There were no change orders to the contract. The final overall construction cost was 5.1% below the original bid amount. Funds for the project were budgeted in the General Fund — Alley Replacement Program Account No. 7013- C5100277. All work was completed by June 11, 1999, ahead of the June 14, 1999, scheduled completion date. Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director By: //1" / IZ46jal Horst Hlawaty, P.E. Construction Engineer Attachment: Project Location Map 0 0 0 Q 1 3 V 2 � h BAY v BALBOA A �NDF BOu(fVARD LOCATION MAP NOT TO SCALE C BALBOA PENINSULA ALLEY IMPROVEMENT ALLEYS 233, 234, 228 D & E CONTRACT NO. 3206 MAWN S L DA7[ vpftwm 77- PROJECT LOCATION MAP • CITY OF NEWPORT BEACH NOTICE INVITING BIDS CITY CLERK 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 a.m. on the 1st day of April, 1999, at which time such bids shall be opened and read for BALBOA PENINSULA ALLEY IMPROVEMENT PROJECT; ALLEYS 233, 234, 228 D & E Title of Project Contract No. 3249 $71,000.00 Engineer's Estimate Approved by w W 9, Don Webb Public Works Director 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 Stephen Luy, Project Manager at (949) 644 -3330. PAGE 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PENINSULA ALLEY IMPROVEMENT PROJECT; ALLEYS 233, 234,228 D & E CONTRACT NO. 3249 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. 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. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. r • E PAGE 2 The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. Contractor's License No. & Classification E c `O 9truC4ioh Bidder Authorized Signature/Title 4 -1 —qg Date PAGE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PENINSULA ALLEY IMPROVEMENT PROJECT; ALLEYS 233, 234,228 D & E CONTRACT NO. 3249 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. Subcontractor Address 2. 3. 4. 5. 6. 7. 8. 9. 10. E -C Cctinsruc.�'t�u�� n. �t1�� Pt��s iv Bidder Authorized Signature/Title PAGE 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PENINSULA ALLEY IMPROVEMENT PROJECT; ALLEYS 233, 234,228 D & E CONTRACT NO. 3249 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 Telephone To Contact Number M0 E.C- Corisfirtchoo Bidder Author Led Signature/Title '!3 52�s-.- �M -000 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PENINSULA ALLEY IMPROVEMENT PROJECT; ALLEYS 233, 234,228 D & E CONTRACT NO. 3249 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of h Ill PAGE 6 being firs dultswornLdepo sand says that he or she is r�z>t of ( (JK51 Y1tC lA1� , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. �� • COVtg�i�UC�t,Otn '= '7.��. �.O•..�7/�.c.� ��L�5[�� Bidder Authorized Signature/Title Subscribed and sworn to before me this " day of � rt 19q. [SEAL] Notary Public WSM k ROSEMM+ My Commission Expires: 11-1)i-X000— conrnYlon • 1116" Lakg" cauN _ My Comm Bpi Nov 11. 2110 0 0 PAGE 7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PENINSULA ALLEY IMPROVEMENT PROJECT: ALLEYS 233, 234, 228 D & E CONTRACT NO. 3249 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of receipt 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. 0 0 PAGE 8 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PENINSULA ALLEY IMPROVEMENT PROJECT: ALLEYS 233, 234, 228 D & E CONTRACT NO. 3249 CONTRACT THIS AGREEMENT, entered into this 13`h day of April, 1999, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and E.C. Construction Company, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: BALBOA PENINSULA ALLEY IMPROVEMENT PROJECT: ALLEYS 223, 224, 228 D & E Project Description 3249 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. 3249, 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. 0 r1 PAGE C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shalt pay to Contractor and Contractor accepts as full payment the sum of fifty -nine thousand, one hundred eighty - nine and 42/100 Dollars ($ 59,189.42). 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. E. 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: Stephen Luy (949) 644 -3330 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: CONTRACTOR E.C. Construction Co. 2213 Chico Avenue South El Monte, CA 91733 Attention: Kenneth D. Walters (626) 444 -9596 Contractor, by executing this Contract, "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 0 0 PAGE 10 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: 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. 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. 0 0 PAGE 11 4. Other Insurance Provisions 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. 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 0 PAGE 12 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 1. 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. I. 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 ail relevant observations with the requirements of the Contract Documents. Page 13 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 APPROVED AS TO FORM: r" 0 /-� * CIT A ORNEY CITY OF NEWPORT BEACH A Municip orporation By' D is D. O'Neil, Mayor X 114;7TI3tt7 7 By —� 0 , iYG ?(-,e, 5' Idl -� V Autho ized Signature and Title 4 -23 -1999 4:58PM FROM P 2 Ah An Aciam. CERTIFICATE OF LIABILITY INSURA CkID DZ DATE(MWDDIYV) CCON-1 04/29/99 PRODUCER Supple - Merrill S Driscoll Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Agents and Brokers P. O. Box 2408 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Pasadena CA 91102 _ COMPANY A Admiral Insurance Company Gary B. Merrill Pnene 626-795 - 921 F,.No.lic #0517777 INSURED COMPANY B Valley Forge Ins Co COMPANY _ -- _ - - - -- E.C. Construction Co. C Commercial Underwriters Ins Co 2213 N Chico South E1 Monte CA 91733 - COMPANY D Golden Eagle Insurance 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. COI LTRI TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE DATE (MY/ODM') POLICYEXP(RATION DATE (MM/OD/Y1� LIMITS GENERAL LIABILITY GENERAL AGGREGATE s2,000,000 A X COMMERCIAL GENERAL LIABILITY A99AG06242 03/28/99: 03/28/00 PRODUCTS - COMP /OPAGG $1,000,000 CLAIMS MADE OX OCCUR Ilf--- PERSONALS ADV INJURY $ 1,000,000 EACH OCCURRENCE S1,000,000 + --- OOWW---NER'S S CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) 650,000 MED EXP,(Any One penen) 65,000 AUTOMOBILE LIABILITY B ANY AUTO Cl 12926956 03/28/99 03/28/00 COMBINED SINGLE LIMIT $1,000,000 BODILY INJURY • (Perperson) BOOILY INJURY INJURY (Pe ecdtlent) PROPERTY DAMAGE 4 $ ' - -_- — $ l - -_- s ALL OWNED AUTOS 1 SCHEDULED AUTOS HIRED AUTOS X NON -OWNED AUTOS 1 INSURANCE / ,�o �V +• . -..Rf -� PRO\ —_ - /I , /�'l /I,. 1 ( / SN1IV1tifJ� MANAGER GARAGE LIABILITY AUTO ONLY - EA ACCIDENT 6 OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT S AGGREGATES EXCESS LIABILITY EACH OCCURRENCE s_ 3 , 000 , 000 C'XI UMBRELLA FORM UL002590 03/28/99 03 /28 /001ACCRECaTE 64,000,000_ $ • OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY X WC STAMIITS OER - EL EACH ACCIDENT $1,000,000 D THE PROPRIETOR/ INCL PARTNERSIEXECUTIVE OFFICERS ARE X EXCL NWC 548073 -03 01/01/99 01/01/00 EL DISEASE - POLICY LIMIT - - - -� EL DISEASE � EA EMPLOYEE 51,000,000 — • 6 1 , 000 , 000 1111 OTHER l I DESCRIPTION OF OPE" TIONSILOCATIONSIVEHICLESISPECIAL ITEMS The City of Newport Beach, its officers, officials, employpees 6 volunteers are named as additional insured with respects to General Liabilit Insurance is rimary 6 non - contributing. *10 days notice of cancellation for non payn)en� of premium or non submission of payroll Replaces prior cart dated a4 //23 99- revising cancellation wording CERTIFICATE HOLDER CANCELLATION. NEWPORT SHOULD ANY OF THE ABOVE OESCRfBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL GNCFAVOW" MAIL City of Newport Beach Public Works Department 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, P.O. Box 1768 to 4 OR "AaMmy Newport Beach CA 92658 -3311 AUTHORREO REPRESENTATIVE /� �/� /r,� q �'" J 7 J/ �/ (/ Gary B. Merrill ICV)t ACORD 255 (1195) f r f'7(C(SR C(`1'(tPOI�L`(lON 1938 i U _Acoaa CERTIFICATi OF LIABILITY INSUW CkdCDN l DATE (MMIDDIM 04/23/99 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Supple - Merrill 6 Driscoll Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Agents and Brokers P. O. Box 2408 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Pasadena CA 91102 COMPANY A Admiral Insurance Company Gary B. Merrill Phone NO. 626 - 795 -9921 Fax No.liC #0517777 INSURED COMPANY B Valley Forge Ins Cc COMPANY E.C. Construction Co. C Commercial Underwriters Ins Cc 2213 N Chico South E1 Monte CA 91733 COMPANY D Golden Eagle Insurance 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(MMMONY) POLICY EXPIRATION DATE(MMIDDIYY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE s2,000,000 A X COMMERCIAL GENERAL LIABILITY A99AGO6242 03/28/99 03/28/00 PRODUCTS - COMPIOP AGG $1,000,000 CLAIMS MADE FRI OCCUR PERSONAL& ADV INJURY $ 1,000,000 EACH OCCURRENCE $1,000,000 OWNER'S&CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) $50,000 MED EXP (Any one person) $ 5 000 B AUTOMOBILE LIABILITY ANY AUTO Cl 12926956 03/28/99 03/28/00 COMBINED SINGLE LIMIT f 1,000,000 X BODILY INJURY (Per parson) f ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) f X HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE I S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT S AGGREGATE $ / EXCESS LIABILITY EACH OCCURRENCE $3,000,000 AGGREGATE $4,000,000 C X UMBRELLA FORM ULD02590 03/28/99 03/28/00 $ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS'LIABILITY X WCS- OTN- O V TATU LIMITS ER EL EACH ACCIDENT $1,000,000 THE PROPRIETOR/ INCL PARTNERStEXECUTIVE NWC 548073 -03 01/01/99 01/01/00 EL DISEASE - POLICY LIMIT $1 000,000 EL DISEASE - EA EMPLOYEE $S 000,000 OFFICERS ARE: X EXCL OTHER 4__ DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECIAL ITEMS The City of Newport Beach, its officers, officials, employees 6 volunteers are named as additional insured with respects to General Liability Insurance is rimary 6 non- contributing. *10 days otice of cancellation for non payment opf premium or non submission of payroll i CERTIFICATE HOLDER CANCELLATION NEWPORT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL SNIM MMBR18 MAIL City of Newport Beach Public Works Department P.O. Box 1766 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, TMPOSEKOOBMAT10NORL1AMM Newport Beach CA 92658 -3311 op.AMY&DIDLP TmrtvwrYAN1' - AGENTB OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE i /t ai]T-. B. Merrill �A�ORD ACORD 2" (1195) CORRORATION 1988 �J W • • ADMIRAL INSURANCE COMPANY Named Insured: C. C. CONSTRUCTION COMPANY, INC. No: 13 Policy: A99AGO6242 I "Alective Datc: 3/2V99 COMMERCIAL GENERAL LIABILITY AD 66 16 01 95 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ PT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENE R AL LIA131LITY COVERAGE PART Name of Person or Organization: AS RLQUIRLD BY WRIT-FCN CONTRACT (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WI-10 1S INSURE=D (Section 11) 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 dial insured by or for you. If you arc required by a written contract to provide primary insurance then this policy shall be primary and Condition 4. Other Insurance does not apply, but only with respect to coverages provided by this policy and for the additional insured named in the schedule. j INSU .... �, L 171 n�T _`� RIB hMAIAC,�R J AD 66 16 0195 Page 1 of 1 0 0 Page PR -1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL BALBOA PENINSULA ALLEY IMPROVEMENT PROJECT; ALLEYS 233, 234, 228 D & E CONTRACT NO. 3249 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, California 92663 -8915 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3249 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 Lump Sum Mo ilization F)v" 11Hc)SMD -sly Fo2Tt Dollars and ivo Cents Per Lump Sum Lump Sum Traffic Control @Me4ANSc cj cry Dollars and ho Cents Per Lump Sum $ SWC `2 $ 5&V&� $ 16yo $ lOy0 `V 0 Page PR -2 ITEM QUANTITY AND UNIT ITEM DESCRIPTION AND UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 3. 760 S.F. Remove Existing and Construct P.C.C. Alley Approach @ I tli ?-e_ Dollars I-II and e1 11A 3.3-� fn It' t`i - Cents Per Squat Foot $ $ 4. 12,075 S.F. Remove Existing and Construct P.C.C. Alley @lye Dollars and �l0\4 3 � Cents $ , $ , Per Squa a Foot' 5. 1,950 S.F. Remove Existing and Construct P.C.C. Pavement Patchback @ Dollars nn and 5ro 2 w S! Cents $ $ Per Square Foot 6. 104 S.F. Remove Existing and Construct A.C. Patchback @ Dollars and S�Yi SIG Cents $ lo}i $ �� . 72 Per Squa a Foc 7. 30 S.F. Remove Existing and Construct Brick pPatchback @ TdV, Ic•r Dollars 'R to - � hre� and I � 33 LJ qO Cents $ $ Per SqLYare Foot Page PR -3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 8. 65 S.F. Remove Existing and Construct P.C.C. Sidewalk @ +lam Dollars n and SR I'j Cents $ z $ 1(02. Per Square t 9. 41 Each Remove Existing and Install New Water Meter Box @ �uDollars and Cents $ ss � $ Per Each TOTAL PRICE IN WRITTEN WORDS c"1L "clrcC11 njnx Dollars and �Fvr%h �Ww Cents Bidder's Name c • C. Bidder's Add h Bidder's Telephone Number Wk 44— Contractor's License No. & Classification�0� 'f- I -qq Date 59,1 g -) . 4z Total Price Signature & Title - qIq� April 12, 1999 CITY COUNCIL AGENDA ITEM NO. 12 TO: Mayor and Members of the City Council APR i ?_ FROM: Public Works Department APPROVED SUBJECT: BALBOA PENINSULA ALLEY IMPROVEMENT PROJECT; ALLEYS 233, 234,228 D & E — AWARD OF CONTRACT NO. 3249 RECOMMENDATIONS: 1. Approve the Plans and Specifications. 2. Award Contract No. 3249 to E.C. Construction for the Total Bid Price of $59,189.42 and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $5,900.00 to cover the cost of unforeseen work. DISCUSSION: At 11:00 a.m. on April 1, 1999, the City Clerk opened and read the following bids for this protect: BIDDER TOTAL BID AMOUNT Low E.C. Construction Co., El Monte $59,189.42 2 Tyner Paving Co., Los Angeles $64,897.05 3 J.D.C. Inc., Rancho Cucamonga $69,713.50 4 TopLine Construction Inc., La Habra $72,040.00 5 AMTEK Construction, La Habra Heights $76,607.85 6 Los Angeles Engineering, Inc., Rosemead $76,680.00 7 Nobest Inc., Westminister $77,548.50 8 PAVE WEST, Brea '$80,113.00 9 EXCEL Paving Co., Long Beach $81,289.50 10 S. Parker Engineering Inc., Fountain Valley, $84,120.80 11 KAS Equipment &Rental, Ontario $84,632.50 12 Jezowski &Markel Contractors, Orange $99,827.50 13 G.C.I. Construction. Inc., Costa Mesa $103,526.00 14 All American Asphalt, Corona $103,669.50 'Corrected Bid Amount is $80,163.00 • • SUBJECT: Balboa Peninsula *Improvement Project; Alleys 233, 234, 228 Do -Award of Contract ~ April 12, 1999 Page: 2 The low total bid amount is 17% below the Engineer's Estimate of $71,000.00. The low • bidder, E.C. Construction Co., possesses a General Contractor's License Classification "A" license as required by the project specifications. E.C. Construction has not worked for the City of Newport Beach in the past but a check of the company's references indicates that the Contractor has satisfactorily completed similar projects for other municipalities. This project provides for reconstructing deteriorated alley pavement and approaches to improve drainage on Balboa Peninsula as shown on the attached location map. The contract specifications provide for thirty (30) consecutive working days to complete the work. Sufficient funds are available for this project in the Alley Replacement Program Account No. 7013- C5100277. Respectfully submitted, PTJBLIC WORKS DEPARTMENT Don Webb, Director By: , z4z a �4 Step fie uy Project Engineer Attachment: Project Location Map Bid Summary • F:\ Users \PBW\Shared \COUNCIL \FY98- 99\April -12 \Balboa Alleys C- 3249.doc • �J C� lams • 0 " O Q N 0 W v7 ) r N O ) �A ANN BALBpA f e�U(F�q RD LOCATION MAP NOT TO SCALE C BALBOA PENINSULA ALLEY IMPROVEMENT ALLEYS 233, 234, 228 D & E CONTRACT NO. 3206 DATE PROJECT LOCATION MAP N LL O W 0 a H Z V W Q WM N .W Q LL W 00 a z0 LL O V J V m a m m s V O aw O Q o ❑ ui _ ~ J U O m ❑ n rn Y x U U Q = Lu U Z W OQ ❑ O O J m } 07 w 0 d N N 6 n N N J Q H w W w W 0 R' a f W J 5 0 z z W a Q O oJ0 m O J O � O d O G w N w 2 w rn a W Z U) 2 U w Z w CD O Z w w n. m m s R O aw O Q o ❑ w m � 2 H _r U J U 0 O rn ❑ h � Y U d a W U Q 2 U Z 111 O Q O O J m } m r o � O J O � O d O t O. d N fq w �w w W Z Z (l) < L W U W W Z z w Z wd 0 • N Z f0 E E T d m 0 0 0 N 0 O N W Q CL H SZ U w a� w� ma w O o a Y w Z LL 3. OV i— J U to a 0 O �W ¢ F- o ❑ ui m S H r� U J U `L 0 m W U N Q W U � S _T o U CU 2 bi O Q ¢ ❑ J U U O J ❑ m co T o � O J O C o N o � i n � eaN W H .. ¢ w � W C7 W Q U) W < F W W U z� W 0O zQ� wa 0 0 vi 0 m H p m s V O �w o ¢ ii m � S H _T U J U 0 O o W W rn ]c Y Q W U = U Z W O Q Q ❑ J U to O J m T o � o J o C O = o a � N W H .. � W L Q W Z w �¢ W� W W z' (D O z� wa E n X N E E N V a T d w CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 May 18, 1999 S. Parker Engineering, Inc. 10059 Whippoorwill Avenue Fountain Valley, CA 92708 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Peninsula Alley Improvement Project; Alleys 233, 234, 228 D & E (Contract No. 3249) 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 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 May 18, 1999 K. A. S. Equipment & Rental, Inc. 11174 Pipeline Avenue Pomona, CA 91766 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Peninsula Alley Improvement Project; Alleys 233, 234, 228 D & E (Contract No. 3249) 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 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 May 18, 1999 Jezowski & Markel Contractors, Inc. 748 N. Poplar Street Orange, CA 92868 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Peninsula Alley Improvement Project; Alleys 233, 234, 228 D & E (Contract No. 3249) 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 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 May 18, 1999 GCI Construction, Inc. 245 Fischer Avenue, B -3 Costa Mesa, CA 92626 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Peninsula Alley Improvement Project; Alleys 233, 234, 228 D & E (Contract No. 3249) 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 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 May 18, 1999 All American Asphalt P. O. Box 2229 Corona, CA 91718 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Peninsula Alley Improvement Project; Alleys 233, 234, 228 D & E (Contract No. 3249) 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 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 May 18, 1999 Amtek Construction 1813 Las Palomas Drive La Habra Heights, CA 90631 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Peninsula Alley Improvement Project; Alleys 233, 234, 228 D & E (Contract No. 3249) 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, f�a4U ,>1 LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT AACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 May 18, 1999 J. D. C. Inc. P. O. Box 3448 Rancho Cucamonga, CA 91729 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Peninsula Alley Improvement Project; Alleys 233, 234, 228 D & E (Contract No. 3249) 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 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 May 18, 1999 TopLine Construction, Inc. 9272 Russell Street La Habra. CA 90631 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Peninsula Alley Improvement Project; Alleys 233, 234, 228 D & E (Contract No. 3249) 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 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 May 18, 1999 Los Angeles Engineering, Inc. 4134 Temple City Blvd. Rosemead, CA 91770 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Peninsula Alley Improvement Project; Alleys 233, 234, 228 D & E (Contract No. 3249) 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, CMCIAAE 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 (949) 644 -3005 May 18, 1999 Nobest Inc. P. O. Box 874 Westminster, CA 92684 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Peninsula Alley Improvement Project; Alleys 233, 234, 228 D & E (Contract No. 3249) 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, CMCIAAE 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 (949) 644 -3005 May 18, 1999 L. M. T. Enterprises, Inc. DBA Tyner Paving Co. 2005 San Fernando Road Los Angeels, CA 90065 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Peninsula Alley Improvement Project; Alleys 233, 234, 228 D & E (Contract No. 3249) 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 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 May 18, 1999 Pave West 320 North Palm Street, Suite A Brea, CA 92821 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Peninsula Alley Improvement Project; Alleys 233, 234, 228 D & E (Contract No. 3249) 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 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 May 18, 1999 Palp, Inc. DBA Excel Paving Company 2230 Lemon Avenue Long Beach, CA 90806 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Peninsula Alley Improvement Project; Alleys 233, 234, 228 D & E (Contract No. 3249) 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