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Home My WebLink AboutC-3325 - Balboa Peninsula Alley Replacement ProjectApril 24, 2002 CIV OF NEWPORT 11EACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 Nobest Inc. 7600 Acacia Avenue Garden Grove, CA 92841 Subject: Balboa Peninsula Alley Replacement Project (C -3325) To Whom It May Concern: On April 24, 2001, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on May 31, 2001. The Surety for the contract is Contractors Bonding and Insurance Company, and the bond number is CD 2442. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, CMC/ AAE City Clerk LMH:lib cc: Public Works Department R. Gunther, P.E., Construction Engineer enclosure 3300 Newport Boulevard, Newport Beach 0 • PAGE 16 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PENINSULA ALLEY REPLACEMENT CONTRACT NO. 3325 BOND NO. CD 2442 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 3,850.00 being at the rate of $ 10.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Name of Contractor, hereinafter designated as the "Principal ", a contract for construction of BALBOA PENINSULA ALLEY REPLACEMENT, Contract No. 3325 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. 3325 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY ' duly authorized to transact business under the laws of the State of Califomia as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of three hundred eighty -five thousand, fifteen and no /100 Dollars ($385,015.00) 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. 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 one year 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 28TH day of AUGUST , 2000. NOBEST INCORPORATED Name of Contractor (Principal) CONTRACTORS BONDING AND INSURANCE COMPANY Name of Surety 23172 PLAZA POINTE DRIVE NO. 185 LAGUNA HILLS, CA 92653 Address of Surety 949 - 770 -9733 Telephone Authorized Agent Signature LINDA D. COATS, ATTORNEY IN FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED F :\Users1PBV✓\Shared\Contracts\FY 00.01 \Balboa Peninsula Alley Rep) - C- 3325\Contract Docs C- 3325.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Calif ornia County of Orange On August 28.2000 before me, Ray E. Anderson /Notary Public Dale Naar and TIle of Omar (e.g..'.Wr Ow. Nolery• Pu09C7 personalty appeared Larry Nodland nanrlal of sgrRal C3 personally known tome -OR - ❑ proved tome 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 /shelthey executed the same in his/her /their authorized capacity(ies), and that by KAY E. ANDERSON ON 1 his/her /their signature(s) on the instrument the person(s), *' Commision # 1141824 r- or the entity upon behalf of which the person(s) acted, Notary Public - California RANGE County m executed the instrument. O MycammExpam.lun 13,2001 WITNESS my 2nd and official seal. lira d Notary Pups OPTIONAL Though the information below is nrt required by law, it may prove valuable to persons relying on the dcrumert and couie prevent fraudulent removal and reattae4mert of this torn to another document. Description of Attached Document Title or Type of Document: Contract Bond Document Date: August 28,2000 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual 0 Corporate Officer Title(s): President Partner — ❑ Limited ❑ General Attomey -in -Fact Trustee Guardian or Conservator ;• ❑ ❑ ❑ Other. Signer Is Representing: Top of thumb hate Signer's Name: ❑ Individual ❑ Corporate Officer Tite(s): ❑ G ❑ Partner — ❑ Limited ❑ General Attomey -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: 0 1995 NaborW NMary AtaCmaan • 0236 Rum Al .. P.O. Boa 7184 • Canoga Park G 9170%7184 Prod. No, 5907 Reader. Cal To"," 1.60%876.6927 CALIFORNIA ALL-PURPOSE AKNOWLEDGMENT State of CALIFORNIA County of ORANGE On AUG 2 8 2000 DATE personally appeared _ 9 before me, CHRISTOPHER J- COATS, NOTARY PUBLIC NAME. TITLE OF OFFICER - E.G..'JANE DOE, NOTARY PUBLIC' LINDA D. COATS NAMES) OF SIGNER($) No 5807 ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their OFFICIAL SEAL signature(s) on the instrument the person(s), ,. CHRISTOPHER J. COATS W Or the entity upon behalf Of which the NOTARY PUBLIC - CALIFORNIA COMMISSION # 1267699 E person(s) acted, executed the instrument. ORANGE COUNTY -A My Commission Exp. July 15, 2004 WITNESS my hand and official seal. A ' Q'I j 51 GNATURE OF NOTARY OPTIONAL Though the data below Is not required by taw, 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 TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(SI OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91 309 7184 W LIMITED POWER OF ATTORNEY WSJR9NC2 Not Valid for Bonds Power of Attorney Executed On or After: APRIL 30TH, 2002 Number: 610443 A valid original of this document must be printed on security paper with black, blue, and red ink, and must bear the seal of Contractors Bonding and Insurance Company (the "Company "). Only an unaltered original of this power of attorney is valid. If a photocopy, the word "VOID" should appear clearly in one or more places. This Power of Attorney is valid solely in connection with the execution and delivery of the bond bearing the number indicated below, provided the bond is of the type indicated below, and is valid only if the bond is executed on or before the date indicated above. KNOW ALL MEN BY THESE PRESENTS, that the Company does hereby make, constitute and appoint.the following: DOUGLAS A. RAPP and LINDA D. COATS its true and lawful Attorney(s) -in -Fact, with full power and authority hereby conferred in its name place and stead, to execute, acknowledge and . deliver on behalf of the Company: (1) any and all bonds and, undertakings:.of-suretyship given -for any. . purpose, provided, however,, that. no-such _persca_. shall. bW authorized to execute and deliver any bond or undertaking that_ghall cbligdte�tihe company for "any portion of�the penal sum thereof-in excess $6'600,000, and provided, further, that no Attorney- ln- Fsctr�'shall have the authority to issue a bid or proposal bond for ?any projeet;wYeie: if a contract is awarded, any bond or undertaking would, be required:with:gienal sum in excess of $6,000,000; and (2) consents, releases -and other siailar documents required by an obligee under a { contract bonded by the Company. This,appointiezrC ii. madw. under the authority of: the Board of Directors of the COmpaap.-=-== ----------------------------- =-- - - -=-= --------------------------- ------ ------------------------- CERTIFICATE 1, the undersigned secretary of Contractors Bonding and Insurance Company, a Washington corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked, and, furthermore, that the resolutions of the Board of Directors set forth on the reverse are now in full force and effect. Not Valid Unless Seal Is Affixed Bond Number CD 2442 Signed and sealed 28TH may of / AUGUST 2000 CBIC e 1213 Vallev Street (206) 622 -7053 • (800) 765- Kevin L. Lybeck, Secretan 'pox 9271 • Seattle, WA 98109 -0271 (Toll Free) • (206) 382 -9623 FAX PoaLPOA.03- 01111599 May 31, 2001 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 Nobest Inc. 7600 Acacia Avenue Garden Grove, CA 92841 Subject: Balboa Peninsula Alley Replacement (C -3325) To Whom It May Concern: On April 24, 2001, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on April 26, 2001, Reference No. 20010256596. The Surety for the contract is Contractors Bonding and Insurance Company, and the bond number is CD 2442. Enclosed is the Labor & Materials Payment Bond. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LH:lb cc: Public Works Department R. Gunther, P.E., Construction Engineer encls. 3300 Newport Boulevard, Newport Beach • • PAGE 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PENINSULA ALLEY REPLACEMENT CONTRACT NO. 3325 BOND NO. CD 2442 PREMIUM: INLCUDED LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Name of Contractor, hereinafter designated as the "Principal," a contract for construction of BALBOA PENINSULA ALLEY REPLACEMENT, Contract No. 3325 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. 3325 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, CONTRACTORS BONDING AND INSURANCE COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety') are held firmly bound unto the City of Newport Beach, in the sum of three hundred eighty-five thousand, fifteen and no /100 Dollars ($385,015.00) 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. 41 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 28TH day of AU' NOBEST INCORPORATED Name of Contractor (Principal) CONTRACTORS BONDING AND INSURANCE COMPANY Name of Surety 23172 PLAZA POINTE DRIVE NO. 185 LAGUNA HILLS, CA 92653 Address of Surety 949 -770 -9733 Telephone Signature LINDA D. COATS Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED CALIFORNIA State of California County of Orange ACKNOWLEDGMENT On August 28.2000 before me, Kay E. Anderson /Notary Public bats Nana m9 Tic of oft« (e.g...yM boti won Pubk7 personally appeared Larry Nodland Namet9) of S9w19) personally known tome –OR –❑ proved tome 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 /hedtheirauthorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), KAY E. ANDER ON 1 or the entity upon behalf of which the person(s) acted, Commision # 11418$4 ce Not Public - California executed the instrument. Q aORMIGE County MyCW"ExpirwJun 13,2001 WITNESS my hand and official seal. sirawe d wtM P a 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: Conrrnrr Rnnej Document Date: August 28 2000 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ra. Individual Corporate Officer Titte(s): President Partner —❑ Limited ❑ General Attomey -in -Fact Trustee Guardian or Conservator Other: Top of thumb here Signer Is Representing: Signer's Name: ❑ Individual • Corporate Officer Title(s): • Partner —❑ Limited ❑ General • Attomey4n -Fact • Trustee • Guardian or Conservator • Other. Signer Is Representing: aiclrrn+ur.teFawr OF SIGNER 01993 Nada -W Notary Aaaioa9al • 9959 RM Aw, P.O. of 7184 • Ca nap PaK CA 91399.7184 Pia& No. 5907 RMdw Ca9 TdFer 149Da794aV CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On AUG 2 8 20 DATE 0 before me, CHRISTOPHER J. COATS, NOTARY PUBLIC NAME. TITLE OF OFFICER . E.G..'JANE DOE. NOTARY PUBLIC" personally appeared LINDA D. COATS NAME(S) OF SIGNER(S) No. 5907 ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their OFFICIAL SEAL signatures) on the instrument the person(s), r QMY CHRISTOPHERJ.COATS N or the entity upon behalf of which the NOTARYPUBLIC- CALIFORNIA _ y p COMMISSIONOUNTY 99 c person(s) acted, executed the instrument. � ORANGE COUNTY �+ Commission Exp. July 15, 2D04 WITNESS my hand and official seal. l J G IATURE OF NOTAR 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 ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8238 Rammet Ave., P.O. Box 7184 • Canoga Perk. CA 91309 -7184 E RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Ll Recorded in Official Records, County of Orange Gary Granville, Clerk- Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE 20010256596 09:48am NOV 115 11 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 'Exempt rom 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 Nobest, Inc., of Westminster, California, as Contractor, entered into a Contract on August 22, 2000. Said Contract set forth certain improvements, as follows: Balboa Peninsula Alley Replacement, C -3325 Work on said Contract was completed on March 28, 2001, and was found to be acceptable on April 24, 2001, by the City Council. Title to said prop rty is vested in the Owner, and the Surety for said Contract is Contractors Bonding a I urance Company. I[!pWorks Director of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed o a 5 a4p C, at Newport Beach, California. ca m m_ C M 0 1� c f' BY \ 5�7� h� l� 1^ �PO e <C,) 0 Deputy City CI �` f° �+o X to oc� M,C.) m m_ C M 0 1� c f' 0b) ,APR ? 4 APPROVED TO: Mayor and Members of the City Council FROM: Public Works Department April 24, 2001 CITY COUNCIL AGENDA ITEM NO. 7 SUBJECT: BALBOA PENINSULA ALLEY REPLACEMENT, CONTRACT NO. 3325 — ACCEPTANCE AND COMPLETION 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On August 22, 2000, the City Council authorized the award of the Balboa Peninsula Alley Replacement contract to Nobest, Inc., of Westminster, California. The contract provided for removal of existing deteriorated asphalt alleys, replacement with concrete alleys, the adjustment of utility facilities, and construction of other incidental items of work. In addition, some curb and gutter, driveway approaches, and concrete street replacement were reconstructed adjacent to the alleys. 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: $385,015.00 Actual amount of bid items constructed: 368,149.40 Total amount of change orders: 19,500.00 Final contract cost: $387,649.40 The final overall construction cost including change orders was 0.68 percent over the original bid amount. One change order in the amount of $19,500 provided for additional concrete street paving and curb and gutter on 14th Street between Balboa Boulevard and West Bay Avenue. 0 SUBJECT: BALBOA PENINSULA ALLEY REPLACEMENT, CONTRACT NO 3325 —ACCEPTANCE AND COMPLETION Date, 2001 Page 2 Funds for the project were budgeted in the following accounts: Description Alley Replacement Program Street and Bikeway Improvements Account No. Amount 7013- C5100277 $372,534.40 7181- C5100302 15,115.00 Total $387,649.40 The original scheduled completion date was January 12, 2001. Due to rain delays and the additional change order work, the completion date was extended to March 28, 2001. All work was completed by the revised completion date. Respectful) submitted/{ L Vv PUBLIC WORKS DEPARTMENT Don Webb, Director By: /5. 42 R Gunther, P.E. Construction Engineer r i r i • • CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 until 11:00 a.m. on the 8th day of August 2000, at which time such bids shall be opened and read for BALBOA PENINSULA ALLEY REPLACEMENT Title of Project Contract No. 3325 $400,000 Engineer's Estimate pprov by 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. "A" License Classification is required for this project For further information, call Steve Luy, Project Manager at (949) 644 -3330 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PENINSULA ALLEY REPLACEMENT CONTRACT NO. 3325 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................1 BIDDER'S BOND ............................................................................... ..............................3 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................4 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................5 NON - COLLUSION AFFIDAVIT .......................................................... ..............................6 NOTICE TO SUCCESSFUL BIDDER ............................................... ..............................7 CONTRACT...................................................................................... ..............................8 LABOR AND MATERIALS BOND .................................................... .............................14 FAITHFUL PERFORMANCE BOND ................................................ .............................16 PROPOSAL.................................................................................... ...........................PR -1 SPECIAL PROVISIONS .... ........................................................................................ SP -1 PAGE 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PENINSULA ALLEY REPLACEMENT CONTRACT NO. 3325 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 percent 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. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 0 0 NTH 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. 35967,2- A Contractor's License No. & Classification NOt�EST =*tCOiLi'O2WTGD Date PAGE 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PENINSULA ALLEY REPLACEMENT CONTRACT NO. 3325 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 THE TOTAL AMOUNT OF THE BID 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 REPLACEMENT, Contract No. 3325 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 13TH day of _ NOBEST INCORPORATED Name of Contractor (Principal) CONTRACTORS BONDING AND INSURANCE COMPANY Name of Surety 23172 PLAZA POINTE DRIVE NO. 185 LAGUNA HILLS, CA 92653 LINDA D. COATS, ATTORNEY IN FACT Address of Surety 949- 770 -9733 Telephone Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) ' CALFFORNIA ALL- PURPOW ACKNOWLEDGMENT State of California County of Orange On 8' 8 db before me, Kay E. Anderson /Notary Public Date Name and Title of Office, (e.g.. *Jan, Doe. Notary Public) personally appeared Larry Nodland Name(s)al Signer(s) 2 personally known to me – OR – ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare 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), KAY E. ANDERR or the entity upon behalf of which the person(s) acted, �- Commision f♦ 1111824 executed the instrument. � Notary Public - Cal+fornta � ORANGE County � lAyCdnmExpxesJUn t3, 2001 WITNESS my hand and official seal. 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: rte F3�R.0 12s1� r� Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Individual (N Corporate Officer Title(s): President ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of thumb here Sig. ter Is Representing: Signer's Name: 01 0 Number of Pages: Individual Corporate Officer Title(s): Partner —❑ Limited Attorney -in -Fact Trustee ❑ General Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 1995 Natbnal Notary Assoween • 8238 Remmet Ave., P.O. Boa 7184 • Canoga Park, CA 91309.7184 Prod. No. 5907 Reorder. Call To16Free 1-000-876�7 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On JUL t 2 1� DATE personally appeared _ i before me, CHRISTOPHER J. COATS, NOTARY PUBLIC NAME, TITLE OF OFFICER - E.G.. 'JANE DOE. NOTARY PUeUC LINDA D. COATS NAMES) OF SIGNERIS) No. 5907 ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their CHRISTOPHER J. GOATS signature(s) on the instrument the person(s), COMtN. # 1103462 9 ® FIOTARYPISBLVCGALlfOItNU or the entity upon behalf of which the OtIM rEco�15 person(s) acted, executed the instrument. a Co1rm F� 4 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 TmE(SI ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(19S) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ®1993 NATIONAL NOTARY ASSOCIATION - 8236 Remmel Ave., P.O. Box 7194 - Canoga Party, CA 91309 -7184 chic LIMITED POWER OF ATTORNEY INSURANCE Not Valid for Bonds Power of Attorney Executed On or After: APRIL 30TH, 2002 Number: 610348 A valid original of this document must be printed on security paper with black, blue, and red ink, and must bear the seal of Contractors Bonding and Insurance Company (the "Company "). Only an unaltered original of this power of attorney is valid. If a photocopy, the word "VOID" should appear clearly in one or more places. This Power of Attorney is valid solely in connection with the execution and delivery of the bond bearing the number indicated below, provided the bond is of the type indicated below, and is valid only if the bond is executed on or before the date indicated above. Know: ATT-WN SY TIM88.PRRRSNTS, that the Company does hereby bake, constitute and appoint .the. following.: DOUGLAS A. RAPP and LINDA D. COATS its true and lairtu1 Attornsy(si -in -Fact, With lull power and authority hereby conferred in its aama,.place and stead, to execute, acknowledge Wad deliver on behalf of the: Coapaays.(.1) any and all bonds and undertakings ofsyretyship given for any purpose.: progided,.however, -that uo such petson shali:be authorited to exec_-tite and "l:LV*r:. Any bond or undertaking that shall obligate the CotipwW !or any yoktion:of the penal anti thereof in excess of $6,000,000, and provided, further, that no Attorney -in=Fact shall have the authority to issue a bid..cr proposal bond for any project where, if a contract is awarded, any bond or. . undertaking would be regaired.with penal sum in excess of Q6,000,000j and (2) consents, releases and other similar domments requited Y�y,sa obligee under a contract bonded by the Company. This appointment is made:vader the authority of the. Board of Directors of the Company --------- ----------------------------------- ------------------------ ----------------------------- °° ---- ----'------ CERTIFICATE I, the undersigned secretary of Contractors Bonding and Insurance Company, a Washington corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked, and, furthermore, that the resolutions of the Board of Directors set forth on the reverse are now in full force and effect. Not :VAU..0. Unless Seal is Affiied Bond Number BID BOND Signed and sealed this 13TH may of I JULY 2000 CBIC s 1213 Valley Street (206) 622 -7053 • (800) 765- Kevin L. Lybeck, Secretary ox 9271 • Seattle, WA 98109 -0271 (Toll Free) • (206) 382 -9623 FAX PoaLPOA.03- U5111599 11Q.-.0411LBY n '0. , 100001501% sr/ OBotird otDiivti(yv� Ile underignm I widwit jn! Sm7at or a ;nuon it indw id in munn, v i wnpiny W ruby can it that the Nesi den i K a, •q'.• Am"! dw I .; A pin.n, , :;:oj ,-::! I h!'. Z";"l i I I I %,;:I ld'. F an."i hv the 3tlTili tt lT of We Won ioq wKWO"M SQ110 i KA :11,1ki 11 i '011 i. . W i WWWO' Awl, an! wyante Leld ('n i .SOWW"Soon kKXIY)( MOUTH Rotary Putdic - Ftatt of Washinftw NJ cumwssmo LXN-m 1 9-C! 9 0 PAGE 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PENINSULA ALLEY REPLACEMENT CONTRACT NO. 3325 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. 2. 3. 4. 5. 6. 7. S. 9. 10. qQM Bidder Subcontract Work Subcontractor Address — N o 1J*E — 0 0 PAGE 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PENINSULA ALLEY REPLACEMENT CONTRACT NO. 3325 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 SEE KTTACNEb A Nn[3EST Bidder 9 NOBESTINCORPORATED REFERENCE LIST 1. CITY OF ANAHEIM (MAINTENANCE DEPT.) Project: Concrete Replacement Contact: Craig Allen Phone: 714 -765 -6935 2. CITY OF COMMERCE Project: Ferguson Dr. Contact: William McConnell Phone: 323 - 7224805 3. CITY OF LONG BEACH Project: East/West Bus Speed Improvements Contact: Bill Gill Phone: 562 -570 -5170 4. CITY OF HUNTINTON PARK Project: Concrete Alleys Contact: Pat Fu Phone: 323 -582 -6161 X253 5. LOS ANGELES CO. DEPT. OF PUBLIC WORKS Project: Improvement of Grand Oaks CC# 7748 Contact: Ray Green Phone: 626 -458 -3122 6. COUNTY OF ORANGE Project: Wheelchair Ramps Contact: Al Sanchez Phone: 714 -567 -6255 is $978,000.00 $464,000.00 $392,000.00 $200,00.00 $121,00.00 $38,000.00 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PENINSULA ALLEY REPLACEMENT CONTRACT NO. 3325 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of 6 ) PAGE 6 1 ky'Ry , being first duly sworn, deposes and says that he sf she is i' of cimr—�--r S.w3c . , the parry 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 and correct. Nor=c_c'r — Et-)C-Bidder Subscribed and sworn to before me this $ day of Notary Waion S 1141824 r- Public - C alifornia ANGE County ExpmJun 13,2001 r My Commission Expires: (O "/ 3– 0 1 • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT • PAGE 7 BALBOA PENINSULA ALLEY REPLACEMENT CONTRACT NO. 3325 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 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. Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents 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. 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 Ratinq 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 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT • PAGE 8 BALBOA PENINSULA ALLEY REPLACEMENT CONTRACT NO. 3325 CONTRACT THIS AGREEMENT, entered into this 22nd day of August, 2000, by and between the CITY OF NEWPORT BEACH, hereinafter "City ", and Nobest, Inc., 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 REPLACEMENT Project Description 3325 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. 3325, 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 9 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 three hundred eighty-five thousand, fifteen and no /100 Dollars ($385,015.00). 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. 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: Steve Luy (949) 644 -3330 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: Nobest, Inc. 7600 Acacia Avenue Garden Grove, CA 92841 (714) 892 -5583 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: 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. 0 4. Other Insurance Provisions • PAGE 11 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 amount provided that the Work damaged is built in accordance with the plans and specifications. PAGE 12 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. 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. i 0 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 year first written above. _ ATTEST: TY OF NEWPORT BEACH Municipal Corporation APP S TO FORM: Nobest, Inc. By: CITY ATTORNEY S na re and LARRY *DDLAND, PRESIDENT CALIFORNIA ALL- PURPC&E ACKNOWLEDGMENT State of California County of Orange On August.28,2000 before me, Kay E. Anderson /Notary Public oats Name arM Tae d Ofts, 1e.9..'Jana Oft Notary Public") personally appeared Larry Nodland Name(s) of S'+p+a(a) l3 personally known tome –OR – ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that he /sheRhey executed the same in his/her /their authorized capacity(ies), and that by histher /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, KAY E. ANDERSON It executed the instrument. p Commision # 1141824 r' Notary Public - California N j ORANGE County My CommExpnsJun 13,2001 IF WITNESS my ha)V and official seal- 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: Contract Agreement Document Date: August 28 2000 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual IN Corporate Officer Title(s): President ❑ Partner —❑ Limited ❑ General ❑ Attomey -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: OF SIGNER Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner —❑ Limited ❑ Attomey -in -Fact ❑ General ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGNT THUMBPRINT OF SIGNER 0 1995 NatlaW Notary Aeaoea6n, • 8236 RamsaM Ave., P.O. Boa 71 84 • Caroga Put CA 91309 -7184 Pmt No. 5907 RemEar. Call TWFrw I41OP876-6627 ,.ApQPpL CERTIFICA# OF LIABILITY INSUI*NCE I o8;�9;2 �' PRODUCER (949)852 -0909 FAA (949)852 -1131 Milestone Insurance Brokers P.O. Box 19598 Eight Corporate Park, Ste 130 Irvine, CA 92623 -9598 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Nobest, Inc. P. 0. Box 874 Westminster, CA 92684 INSURERA Travelers Insurance Company INSURER B: Cal Comp INSURER C: INSURER D: INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OFINSURANCE POLICY NUMBER DATE(MMIDOM/) DATE(MWDDIYY) LIMITS GENERAL LIABILITY TECOS07DO81A- TIL -00 08/03/2000 08/03/2001 EACH OCCURRENCE E 1,000,000 FIRE DAMAGE (Any mw fro) $ 100,000 Blvd.; POO 1768 X COMMERCIAL GENERAL LIABILITY AUTOO WID REPRESENTATIVE ) Newport Beach, CA 92659 -1768 CLAIMS MADE OOCCUR Ronald Hoefer, CIC MED EXP (Any . pm ) $ Excluded PERSONAL a ADV INJURY E 1,000,000 A GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGO E 1,000,000 POLICY PRO- LOC JECT AUTOMOBILE LIABILITY ANY AUTO TE810- 507DOBIA- TIL -00 08/03/2000 08/03/2001 COMBINED SINGLE LIMIT (Ea acddn) 11000,000 X BODILY INJURY (Px Pte) S ALL OWNED AUTOS SCHEDULED AUTOS A BODILY INJURY (Per acWent) S HIREDAUTOS NON-OWNED AUTOS PROPERTY DAMAGE (PW accieeN) $ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT E ANY AUTO OTHER THAN EAACC E AUTO ONLY: AGG E EXCESS LIABILITY TSM- CUP- 507DOb1A- TIL -00 08/03/2000 08/03/2001 EACH OCCURRENCE s 1,000,000 OCCUR CLAIMS MADE AGGREGATE S 1,000,000 $ A DEDUCTIBLE $ RETENTION E $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY CN77337 -A 10/01/1999 10/01/2000 X TORYLNMTS ER E.L. EACH ACCIDENT s 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER Cont ractors Equipment T660SISDOOSS- TIL -00 08/03/2000 08/03/2001 Limit $100,000., Special Form, A eased /Rented Equipmen $1,000. Deductible DESCRIPTION OF OPERATIONSILOCATIONWN HICLE &EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS ity of Newport Beach, its officers, officials, employees and volunteers are named Additional Insureds/ rimary for General Liability per attached CG2010 and for Auto Liability per attached CA0001 12 93. giver of Subrogation applies for General Liability per attached CG2404. Waiver of Subrogation pplies to Workers' Compensation per attached WC 04 03 06. Loss or Liability of the Named Insured is not limited solely by their negligence. See Attached Addendum for Continuation. CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER CANCELLATION ,v . aav Ina,I *1V:VKU VVKrVKA I IVK lase SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Newport Beach EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Public Works Department *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Administrative Coordinator Attn: Stephen Luy, P.E. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 3300 Newport Blvd.; POO 1768 OFANY KIND UPON THE COMPANY,ITS AGENIf OR REPRESENTATIVES. AUTOO WID REPRESENTATIVE ) Newport Beach, CA 92659 -1768 Ronald Hoefer, CIC ,v . aav Ina,I *1V:VKU VVKrVKA I IVK lase IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. AUUKU Z" (7197) Nobest, Inc. Addendum to Liability Certificate 08/11/2000 Milestone Insurance Brokers 08/29/2000 Continued From Description of Operations /Locations /Vehicles /Exclusions added by Endorsement /Special Provisions: RE: 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 for Contract #3325; Balboa Peninsula Alley Replacement. -Ten (10) day notice of cancellation for non - payment of premium or non - reporting of payroll. 0 0 Policy Number DTEC0507DO81A -TIL -000 Commercial General Liability Travelers Insurance Company THIS ENDORSEMENT CHANGES THE POLICY - PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART: SCHEDULE Name of Person or Organizations: City of Newport Beach, its officers, officials, employees and volunteers 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92659 -1768 RE: 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 for Contract #3325; Balboa Peninsula Alley Replacement. If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respects to liability artsing out of 'your work' for that insured by or for you. PRIMARY WORDING: 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. CG 20 10 11 85 Copyright Insurance Services Office, Inc. 1984 0 Policy Number DTECO507DOSIA -TIL -00 Commercial General Liability Travelers Insurance Company THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ CAREFULLY. WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART Name of Person or Organization: Schedule City of Newport Beach, its officers, officials, employees and volunteers 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92659 -1768 Re: 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 for Contract #3325; Balboa Peninsula Alley Replacement. (if no entry appears above, information required to complete this endorsement will be shown in the Declaration as applicable to this endorsement.) We waive the right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of "your work" done under a contract with that person or organization. The waiver applies only to the person or organization shown in the Schedule CG 24 04 11 85 Copyright, Insurance Services Office, Inc. 1984 J C_7 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE WC 252 (4-84) WC 04 03 06 (ED. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following 'attaching dauss' need to be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 08/29/2000 at 12:01 AM Standard time, forms a part of (Date) Policy No DTEC0507D081A- TIL -00_ Endorsement No. of the Travelers Insurance Comoany (Name of Insurance Company) issued to Nobest. Inc. Premium (if any) $ 5% of payroll for job: (Min. Prem. 850) to be determined @ Audit Authorized Representative We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5% of the California Workers Compensation premium otherwise due on such remuneration. Schedule Person or Organization City of Newport Beach, its officers, officials, employees and volunteers 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92659 -1768 Re: 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 for Contract #3325; Balboa Peninsula Alley Replacement. .. LUNS I RUC IUN 925945444? TO 9219498521131 P.03Z13 • COMMERCIAL AUTO BUSINESS AUTO COVERAGE FORM Various provisions In this policy restrict coverage, Read the entire policy carefully to determine rights, duties and what Is and Is not covered. Throughout this policy the words 'you" and "your' refer to the Named Insured shown In the Declarations. The words "we," "us" and "our" refer to the Company providing this Insurance. Other words and phrases that appear In quotation marks have special meaning. Refer to SECTION V— DEFiNI- TIONS. SECTION I— COVERED AUTOS ITEM TWO of the Declarations shows the "autos" that a = OWNED "AUTOS" SUBJECT TO A COM- are covered "autos" for each of your coverages, The PULSORY UNINSURED MOTORISTS LAW. following numerical symbols describe the "autos" Only those "autos" you own that because of that may be covered "autos." The symbols entered the law in the state where they are licensed next to a coverage on the Declarations designate the or principally garaged are required to have only "autos" that are covered "autos." and cannot reject Uninsured Motorists Cov- A. DESCRIPTION OF COVERED AUTO DESIG- erage, This Includes those "autos' you ac- NATION SYMBOLS quire ownership of after the policy begins SYMBOL DESCRIPTION provided they are subject to the same state uninsured motorists requirement. 1 = ANY AUTO.- 7 = SPECIFICALLY DESCRIBED "AUTOS, "Only 2 = OWNED "AUTOS" ONLY, Only those those "autos" described In ITEM THREE of "autos" you own (and for Liability Coverage the Declarations for which a premium any "traders" you don't own while attached charge Is shown (and for Liability Coverage to power units you own). This Includes those any "trallers" you don't own while attached "autos" you acquire ownership of after the to any power unit described In ITEM policy begins. THREE). 3 = OWNED PRIVATE PASSENGER 'AUTOS' 9 = HIRED "AUTOS" ONLY, Only those "autos" ONLY. Only the private passenger "autos" you lease, hire, rent or borrow. This does not you own. This includes those private paa- include any "auto" you lease, hire, rent, or senger "autos" you acquire ownership of borrow from any of your employees or part - after the policy begins. ners or members of their households. a = OWNED "AUTOS" OTHER THAN PRIVATE 9 = NONOWNED "AUTOS" ONLY. Only those PASSENGER "AUTOS" ONLY. Only those "autos" you do not own, lease, hire, rent or "autos" you own that are not of the private borrow that are used In connection with passenger type (and for Liability Coverage your business. This Includes "autos" owned any 'traders" you don't own while attached by your employees or partners or members to power units you own). This Includes those of their households but only while used In "autos" not of the private passenger type your business or your personal affairs. you acquire ownership of after the policy B OWNED AUTOS YOU ACQUIRE AFTER THE begins. POLICY BEGINS 5 = OWNED "AUTOS" SUBJECT TO NO- FAULT. t. If symbols t, 2, 3, 4, 5 or a are entered next to Only those autos you own that are a coverage In ITEM TWO of the Declarations, ed have No-Fault cat- Fault benefits In the state then you have coverage for "autos" that you w where e licensed or princi they are pally "autos" acquire of the type described for the remain - garaged. This Includes those you der of the policy period. acquire ownership of after the policy begins provided they are required to have No -Fault 2. taut, d symbol 7 Is entered next to a coverage benefits In the state where they are licensed In ITEM TWO of the Declarations, an "auto" or principally garaged. you acquire will be a covered "auto" for that coverage only H: CA 00 01 12 93 Copyright, Insurance Services Office, inc., 1993 Page 1 of 11 AUG 29 2000 09:52 FR CONSTRUCTION COMMERCIALAUTO • a. We already cover all "autos" that you own for that coverage or it replaces an 'auto" you previously owned that had that cover- age; and b. You tell us within 3o days attar you ac- quire lt that you want us to cover lt for that coverage. C. CERTAIN TRAILERS, MOBILE EQUIPMENT AND TEMPORARY SUBSTITUTE AUTOS If Llablllty Coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos" for Liablllty Coverage: 1. "Trailers' with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. A. COVERAGE 9259454447 TO 9219498521131 P.04i13 • 2. "Mobile equipment" while being carried or towed by a covered "auto.' 3. Any "auto" you do not own while used with the permission of Its owner as a temporary substitute for a covered "auto" you own that Is out of service because of Its; a. Breakdown; b. Repair; C. Servicing; d. "Loss "; or e. Destruction. SECTION II— UABILITY COVERAGE We will pay all sums an "Insured" legally must pay as damages because of 'bodily Injury" or "pro- perty damage" to which this Insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered 'auto." We will also pay all sums an 'Insured" legally must pay as a "covered pollution cost or expense" to which this Insurance applies, caused by an "accl- dent" and resulting from the ownership, main- tenance or use of covered "autos." However, we will only pay for the "covered pollution cost or expense" If there is either " bodily Injury" or "property damage" to which this Insurance applies that Is caused by the same "accident." We have the right and duty to defend any "Insured" against a "suit" asking for such dam- ages or a "covered pollution cost or expense." However, we have no duty to defend any "Insured" against a "suit" seeking damages for "bodily Injury" or "property damage" or a "covered pollution cost or expense" to which this Insurance does not apply. We may Investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle ends when the Llabtiity Coverage Limit of Insurance has been exhausted by payment of judgements or settlements. 1. WHO IS AN INSURED The following are "Insureds ": b. Anyone else white using with your permis- sion a covered "auto" you own, hire or borrow except: (1) The owner or anyone else from whom you hire or borrow a covered "auto." This exception does not apply It the covered "auto" Is a 'tra9ar" con- nected to a covered "auto" you own. (2) Your employee If the covered "auto" Is owned by that employee or a mem- ber of his or her household. (3) Someone using a covered "auto" while he or she Is working In a busi- ness of selling, servicing, repairing, parking or storing "autos" unless that business Is yours. (4) Anyone other than your employees, partners, a lessee or borrower or any of their employees, while moving property to or from a covered 'auto." (5) A partner of yours for a covered "auto" owned by him or her or a member of his or her household, c. Anyone liable for the conduct of an "In- sured" described above but only to the extent of that liability. 2. COVERAGE EXTENSIONS a. Supplementary Payments, In addition to the Limit of Insurance, we will pay for the "Insured "; a. You for any covered "auto." (1) All expenses we Incur. Page 2 of 11 Copyright, Insurance Services Office, Inc., 1893, 1994 CA 00 01 12 93 AUG 29 2000 09:53 FR CONSTRUCTION 0 (2) Up to $250 for cost of bag bonds (Including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (3) The cost of bonds to release attach- ments In any "sutt" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses Incurred by the "Insured" at our request, Indud- Ing actual loss of earning up to 5100 a day because of time off from work. (a) All costs taxed against the "Insured" In any 'suit" we defend. (6) All Interest on the full amount of any Judgment that accrues after entry of the judgment in any "suit" we defend; but our duty to pay Interest ends when we have paid, offered to pay or deposited In Court the part of the judgment that Is within our Limit of Insurance. b. Out-of -State Coverage Extensions. While a covered "auto" Is away from the state where It is licensed we will: (1) Increase the Limit of Insurance for Liability Coverage to most the limits specified by a compulsory or finan- clal responsibility law of the jurisdic- tion where the covered "auto" Is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or property. (2) Provide the minimum amounts and types of other coverages, such as no- fault, required of out -of -state vehicles by the jurisdiction where the covered "auto" Is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B. EXCLUSIONS This Insurance does not apply to any of the follow- Ing: 9259454447 TO 9219498521131 P.05/13 • COMMERCIALAUTO 1. EXPECTED OR INTENDED INJURY "Bodily Injury" or "property damage" expect- ed or Intended from the standpoint of the "Insured." 2. CONTRACTUAL Liability assumed under any contract or agreement. But this exclusion does not apply to liability for damages: a. Assumed In a contract or agreement that Is an 'Insured contract" provided the "bodily Injury" or "property damage" oo- curs subsequent . to the execution of the contract or agreement; or b. That the "Insured" would have In the ab- sence of the contract or agreement. 3. WORKERS' COMPENSATION Any obligation for which the "Insured" or the "Insured's" Insurer may be held liable under any workers' compensation, disability bene- fits or unemployment compensation law or any similar law. 4. EMPLOYEE INDEMNIFICATION AND EM- PLOYER'S LIABILITY "Bodily injury" to: a. An employee of the "Insured" arising out of and In the course of employment by the "Insured "; or b. The spouse, child, parent, brother or sister of that employee as a consequence of paragraph a. above. This exclusion applies: (1) Whether the "Insured" may be liable as an employer or In any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the Injury. But this exclusion does not apply to "bodily Injury" to domestic employees not entitled to workers' compensation benefits or to liability assumed by the "Insured" under an "Insured contract." S. FELLOW EMPLOYEE "Bodily Injury" to any fellow employee of the "Insured" arising out of and In the course of the fellow employee's employment. 6. CARE, CUSTODY OR CONTROL CA 00 01 12 93 Copyright, Insurance Services Office, Inc., 1993 Page 9 of 11 RUG 29 2000 09:53 FR CONSTRUCTION COMMERCIAL AUTO • "Property damage" to or 'covered pollution cost or expense" Involving property owned or transported by the "Insured" or In the "insured's" care, custody or control. But this exclusion does not apply to liability assumed under a sidetrack agreement. 7. HANDLING OF PROPERTY " Bodily Injury" or "property damage" result - Ing from the handling of property: a. Before it Is moved from the place where it Is accepted by the "Insured" for move- ment Into or onto the covered "auto "; or b. After it Is moved from the covered "auto" to the place where it Is finally delivered by the "Insured." S. MOVEMENT OF PROPERTY BY MECHAN- ICAL DEVICE "Bodily Injury" or "property damage" resuit- Ing from the movement of property by a me- chanical device (other than a hand truck) unless the device Is attached to the covered "auto." 9. OPERATIONS "Bodily Injury" or "property damage" arising out of the operation of any equipment listed In paragraphs 6.b. and 6.c. of the definition of "moblie equipment." 10. COMPLETED OPERATIONS " Bodily Injury" or "property damage" arising out of your work after that work has been completed or abandoned. In this exclusion, your work means: a. Work or operations performed by you or on your behalf, and b. Materials, parts or equipment furnished In connection with such work or operations. Your work Includes warranties or repre- sentatlons made at any time with respect to the fitness, quality, durability or performance of any of the items Included In paragraphs a. or b. above. Your work will be deemed completed at the earliest of the following times: (1) When all of the work called for In your contract has been completed. (2) When all of the work to be done at the site has been completed If your contract calls for work at more than one site. 9259454447 TO 9219498521131 P.06i13 • (3) When that part of the work done at a Job site has been put to Its Intended use by any person or organbatlon other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which Is otherwise complete, will be treated as com- pleted. 11. POLLUTION "Bodily Injury" or "property damage" arising out of the actual, alleged or threatened dis- charge, dlspereal, seepage, migration, re- lease or escape of "pollutants ": a. That are, or that are contained In any property that Is: (1) Being transported or towed by, hand- led, or handled for movement Into, onto or from, the covered "auto "; (2) Otherwise In the course of transit by the "Insured "; or (3) Being stored, disposed of, treated or processed In or upon the covered "auto "; b. Before the "pollutants" or any property In which the "pollutants" are contained are moved from the place where they are ac- cepted by the "Insured" for movement Into or onto the covered "auto"; or c. After the "pollutants" or any property In which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, dis- posed of or abandoned by the "Insured." Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or Its parts, lf: (1) The "pollutants" escape, seep, migrate, or are discharged, dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants "; and (2) The "bodily Injury," "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed In paragraphs 6.b. and Page 4 of 11 Copyright, Insurance Services Office, Inc., 1993 CA 00 01 12 93 AUG 29 2000 09:53 FR CONSTRUCTION 9259454447 TO 9219498521131 P.07/13 • COMMERCIAL AUTO e.c. of the definition of "mobile equip - ment." Paragraphs b. and c. above of this exclusion do not apply to "aceldente' that occur away from premises owned by or rented to an 'In- sured" with respect to "pollutants" not In or upon a covered "auto" N: (1) The "pollutants" or any property In which the "pollutants' are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto "; and (2) The discharge, d1spersai, seepage, migration. release or escape of the "pol- lutants" Is caused directly by such upset, overturn or damage. 12. WAR "BcdIIy Injury' or "property damage" due to war, whether or not declared or any act or condition incident to war. War Includes civil war, Insurrection, rebellion or revolution. This exclusion applies only to Ilabflity assumed under a contract or agreement. 13. RACING Covered "autos" while used In any profes- sional or organized racing or demolition con- test or stunting activity, or while practicing for such contest or activity. This Insurance also does not apply while that covered "auto" Is being prepared for such a Contest or activity. C. LIMIT OF INSURANCE Regardless of the number of covered "autos," "Insureds; premiums paid, claims made or vehicles Involved In the "accident," the most we will pay for the total of all damages and "covered pollution cost or expense" combined, resulting from any one 'accident "'Is the Limit of Insurance for Liability Coverage shown In the Declarations, All "bodily Injury," "property damage" and "covered pollutlon cost or expense" resulting from continuous or repeated exposure to substantial- ly the same conditions will be considered as resulting from one "accident." No one will be entitled to receive duplicate pay- ments for the same elements of "loss' under this Coverage Form and any Medical Payments Cov- erage endorsement, Uninsured Motorists Cover- age endorsement or Underinsured Motorists Coverage endorsement attached to this Coverage Part. SECTION III— PHYSICAL DAMAGE COVERAGE A. COVERAGE (1) The covered "auto's" Collision with 1. We will pay for "loss" to a covered "auto" or another object; or its equipment under: (2) The covered "auto's" overturn. a. Comprehensive Coverage. From any cause except: 2. Towing. (1) The covered "auto's" collision with We will pay up to the limit shown In the Decla- another object; or rations for towing and labor costs Incurred (2) The covered 'auto's" overturn, each time a covered "auto" of the private b. Specified Causes of Loss Coverage. passenger type Is disabled. However, the Caused by: labor must be performed at the place of dls- (1) Fire, lightning or explosion; ablement. (2) Theft; 3. Glass Breakage — Hitting a Bird or Animal— Falling Objects or Missiles. (3) Windstorm, hall or earthquake; If you carry Comprehensive Coverage for the (4) Flood; damaged covered "auto," we will pay for the (5) Mischief or vandalism; or following under Comprehensive Coverage: (6) The sinking, burning, collision or a. Glass breakage; derailment of any conveyance trans- b. "Loss" caused by hitting a bird or animal; porting the covered "auto." and c. Collision Coverage. Caused by, CA 00 01 12 93 Copyright, Insurance Services Office, Inc., 1993 Page 6 of 11 Muu CV eoou O'7 ;74 rK WNSiKUCTlON COMMERCIALAUTO • c. "Lose" caused by falling objects or mis- siles. However, you have the option of having glass breakage caused by a covered "auto's" ool- Ilelon or overturn considered a "loss" under Collision Coverage. 4. Coverage Extension. We will pay up to $15 per day to a maximum of $450 for transporta- tion expense Incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for transportation ex- penses Incurred during the period beginning 48 hours afterthe theft and ending, regardless of the pollcy a expiration, when the covered "auto" is returned to use or we pay for Its "loss." B. EXCLUSIONS 9259454447 TO 9219498521131 0 P.08/13 "loss" to any covered 'auto" while that covered "auto" to being prepared for such a contest or activity. 3. We will not pay for "lose" caused by or resuh- Ing from any of the following unless caused by other "loss" that is covered by this In- surance; a. Wear and tear, freezing, mechanical or electrical breakdown. b. Blowouts, punctures or other road damage to tires. 4. We will not pay for "loss" to any of the follow - Ing: a. Tapes, records, discs or other similar audio, visual or date electronic devices designed for use with audio, visual or data electronic equipment. b. Equipment designed or used for the detection of location of radar. 1, We will not pay for "loss" caused by or result- c, Any electronic equipment, without regard Ing from any of the following. Such "loss" Is to whether this equipment is permanently excluded regardless of any other cause or Installed, that receives or transmits audio, event that contributes concurrently or In any visual or data signals and that Is not sequence to the "loss." designed solely for the reproduction of a. Nuclear Hazard. sound. (1) The explosion of any weapon em- ploying atomic fisslon or fusion; or (2) Nuclear reaction or radiation, or radioactive contamination, however caused. b. War or Military Action. (1) War, Including undeclared or civil war; (2) Warlike action by a military force, in- cluding action In hindering or defend - Ing against an actual or expected attack, by any government, sovereign or other authority using military per- sonnel or other agents; or (3) insurrection, rebellion, revolution, usurped power or action taken by governmental authority In hindering or defending against any of these. 2. We will not pay for "loss" to any covered "auto" while used in any professional or or- gantzed racing or demolition contest or stunt- Ing activity, or while practicing for such contest or activity. We will also not pay for d. Any accessories used with the electronic equipment described In paragraph o. above. Exclusions 4.c. and 4.d. do not apply to: a. equipment designed solely for the reproduction of sound and accessories used with such equipment, provided such equipment Is permanently Installed In the covered "auto" at the time of the "loss" or such equipment Is removable from a housing unit which Is permanently in- stalled In the covered "auto" at the time of the "lose," and such equipment Is designed to be solely operated by use of the power from the 'auto's" electrical sys- tem, In or upon the covered "auto "; or b. any other electronic equipment that Is: (1) necessary for the normal operation of the covered "auto' or the monitoring of the covered "auto's operating sys- tem; or (2) an Integral pan of the same unit hous- Ing any sound reproducing equip- ment described in a. above and Page a of 11 Copyright, insurance Services Off lee, Ino., 1993 CA 00 01 12 93 huu e7 enee 07 ;74 r-N CONSTRUCTION 0 permanently Installed In the opening of the dash or console of the covered "auto" normally used by the manu- facturer for Installation of a radio. C. LIMIT OF INSURANCE The most we will pay for "loss" In any one "accident" Is the lesser of: 1. The actual cash value of the damaged or stolen property as of the time of the "loss "; or 925945444? TO 9219498521131 COMMERCIAL. AUTO P.09/13 2. The cost of repairing or replacing the dam- aged or stolen property with other property of like kind and quality. D. DEDUCTIBLE For each covered "auto," our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown In the Declarations. Any Comprehensive Coverage deductible shown In the Declarations does not apply to "loss" caused by fire or lightning. SECTION IV— BUSINESS AUTO CONDITIONS The following conditions apply in addition to the Common Policy Conditions: A. LOSS CONDITIONS 1. APPRAISAL FOR PHYSICAL DAMAGE LOSS If you and we disagree on the amount of "loss," either may demand an appraisal of the "loss." In this event, each party will select a competent appraiser. The two appraisers will Wed a competent and Impartial umpire. The appraisers will state separately the actual cash value and amount of "loss." If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: a. Pay its chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equaily. if we submit to an appraisal, we will still retain our right to deny the claim. 2. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUITOR LOSS a. In the event of " accident," claim, "suit' or "loss," you must give us or our author- ized representative prompt notice of the "accident" or "lose," include: (1) How, when and where the "accident" or "loss" occurred; (2) The "Insured's" name and address; and (3) To the extent possible, the names and addresses of any Injured persons and witnesses. b. Additionally, you and any other involved "Insured" must: (1) Assume no obligation, make no pay- ment of Incur no expense without our consent, except at the 'Insured's' own cost. (2) Immediately send us copies of any request, demand, order, notice, sum- mons or legal paper received con- cerning the claim or "suit." (3) Cooperate with us in the Investiga. tion, settlement or defense of the claim or "suit." (4) Authorize us to obtain medical re- cords or other pertinent Information. (5) Submit to examination, at our ex- pense, by physicians of our Choice, as often as we reasonably require. C. if there is "loss" to a covered "auto" or its equipment you must also do the follow - Ing: (1) Promptly notify the police If the covered "auto" or any of Its equip- ment Is stolen. (2) Take all reasonable steps to protect the covered "auto" from further damage. Also keep a record of your expenses for consideration In the eet- tlemem of the claim. (3) Permit us to Inspect the covered "auto" and records proving the "loss" before its repair or disposition, (4) Agree to examinations under oath at our request and give us a signed statement of your answers. 3. LEGAL ACTION AGAINST US No one may bring a legal action against us under this Coverage Form until: CA 00 ai 12 93 Copyright, Insurance Services Office, Inc., 1993 Page 7 of 11 HUU e7 e0e0 6'J; Z0 FR CONSTRUCTION 9259454447 TO 9219498521131 P.10/13 COMMERCIAL AUTO • a. There has been full compliance with all 3. LIBERALIZATION the terms of this Coverage Form; and If we revise this Coverage Form to provide b. Under Liability Coverage, we agree In more coverage without additional premium writing that the "Inured" has an obliga- charge, your policy will automatically provide tlon to pay or until the amount of that the additional coverage as of the day the obligation has finally been determined by revision Is effective In your state. Judgment after trial. No one has the right 4, NO BENEFIT TO BAILEE— PHYSICAL under this policy to bring us Into an ac- DAMAGE COVERAGES tion to determine the "Insured's" Ilablllty. We will not recognize any assignment or gram 4. LOSS PAYMENT — PHYSICAL DAMAGE any coverage for the benefit of any person or COVERAGES organization holding, storing or transporting At our option we may: property for a fee regardless of any other a. Pay for, repair or replace damaged or provision of this Coverage Form. stolen property; 5. OTHER INSURANCE b. Return the stolen property, at our ex- a. For any covered "auto" you own, this pense. We will pay for any damage that Coverage Form provides primary In- results to the "auto" from the theft; or surance. For any covered "auto" you c. Take all or any pan: of the damaged or don't own, the Insurance provided by this stolen property at an agreed or appraised Coverage Form Ia excess over any other value. collectible Insurance. However, while a covered "auto" which Is a "traller" la con - S. TRANSFER OF RIGHTS OF RECOVERY nected to another vehicle, the Liability AGAINST OTHERS TO US Coverage this Coverage Form provides If any person or organization to or for whom for the "traller" Is: we make payment under this Coverage Form (1) Excess while It Is connected to a has rights to recover damages from another, motor vehicle you do not awn. those rights are transferred to us. That person or organization must do everything necessary (2) Primary while it Is connected to a to secure our rights and must do nothing after covered "auto" you own, .accident' or "loss" to impair them. b. For Hired Auto Physical Damage cover - B. GENERAL CONDITIONS age, any covered "auto" you lease, hire, 1. BANKRUPTCY rent or borrow Is deemed to be a covered "auto" you own. However, any "auto" that Bankruptcy or Insolvency of the "Insured" or Is leased, hired, rented or borrowed with the "Insursd's" estate will not relieve us of any a driver Is not a covered "auto." obligations under this Coverage Form. c. Regardless of the provisions of paragraph 2. CONCEALMENT, MISREPRESENTATION a. above, this Coverage Form's Llablllty OR FRAUD Coverage Is primary for any liability as- This Coverage Form Is void In any case of sumed under an "Insured oontrect." fraud by you at any time ae it relates to this d. When this Coverage Form and any other Coverage Form. It Is also vold If you or any Coverage Form or policy covers on the other "Insured," at any time, Intentionally con - same basis, either excess or primary, we coal of misrepresent a material fact concern- will pay only our share. Our share Is the Ing: proportion that the Limit of Insurance of a. This Coverage Form; our Coverage Form bears to the total of b. The covered "auto'; the limits of all the Coverage Forms and policies covering on the same basis. C. Your interest In the covered "auto"; or G. PREMIUM AUDIT d. A claim under this Coverage Form. a. The estimated premium for this Coverage Form Is based on the exposures you told Page 8 of 11 Copyright, Insurance Services Office, Inc., 1993 CA 00 01 12 93 RUG 29 2000 09:56 FR CONSTRUCTION are maintained primarily to provide moblI ty to permanently attached equipment of the fol- lowing types: a. Air compressors, pumps and generators, Including spraying, welding, building cleaning, geophysical exploration, light - Ing and well servicing equipment; or b. Cherry pickers and similar devices used to raise or lower workers. 6. Vehicles not described In paragraphs 1., 2., 3. or 4. above maintained primarily for pur- poses other than the transportation of per- sons or cargo. However, saM- propelled vehicles with the following types of per- manently attached equipment are not `mobile equipment" but will be considered "autos": a. Equipment designed primarily for (1) Snow removal; (2) Road maintenance, but not construe- tlon or resurfacing; or (3) Street cleaning; b. Cherry pickers and similar devices mourned on automobile or truck chassis and used to raise or lower workers; and c. Air compressors, pumps and generators, Including spraying, welding, building 9259454447 TO 9219496521131 P.13/13 • COMMERCIAL AUTO cleaning, geophysical exploration, light - Ing or well servicing equipment I. "Pollutants" means any solid, liquid, gaseous or thermal Irritant or contaminant, Including smake, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste Includes materials to be recycled, reconditioned or reclaimed. J. "Property damage" means damage to or loss of use of tangible property, K. "Suit" means a civil proceeding In which: 1. Damages because of "bodily Injury," "proper. ty damage"; or 2. A "covered pollution cost or expense," to which this Insurance applies are alleged. "Suit" Includes: a. An arbitration proceeding alleging such damages or " covered pollution costs or expenses" are claimed and to which the 'Insured" must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the Insured submits with our consent. L. 7raller" Includes semRrager. CA 00 01 12 93 Copyright, Insurance Services Office, Inc., 1993 Page 11 of 11 Nobest, Inc. Addendum to Liability Certificate 08/11/2000 Milestone Insurance Brokers 08/07/2000 Continued From Description of Operations /Locations /Vehicles /Exclusions added by Endorsement /Special Provisions: Loss or Liability of the Named Insured is not limited solely by their negligence. RE: 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 for Contract #3313, Newport Heights Street Improvements project in Newport Beach, CA 92659. -Ten (10) day notice of cancellation for non - payment of premium or non - reporting of payroll. AUG -24 -00 THU 09:55 AM RUG -22 -2000 13.24 wOF rEWORTBERCH CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1788 NEWPORT BEACH, CA 92858 -8915 FAX N0. P, Ol • 949 644 3318 P.01/0e F" COVER SHEET DATE. �°� ° � FAKNUMBER. 714W29.1680 COMPANY: CAL JIRANCE SUBJECT., rliloj r OF-:,, CELIA APPROVAL OF INSURANCE DOCUMEN�i p; /_T _ • FAXED BY huc.. loco Y` !v, ., � r . t u� / r Air j L Plesse Notify Sender if Transmission Is Incomplete. 0 0 PR1of1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL BALBOA PENINSULA ALLEY REPLACEMENT CONTRACT NO. 3325 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. 3325 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 Mobilization @TGNTHOVSAWD Dollars and ° —° tl NO Cents 5 t0, 000 $ 10, 000 Per Lump Sum Lump Sum Traffic Control @ Div E T�wS�ww Dollars °O and 5 51 000 p o0 N0 Cents , $ 5 ,_ 00 Per Lump Sum 3. 227 Each Remove Existing /Provide and Install New PCC 1" Meter Box @ Dollars and 00 NO Cents $ 50CLO- $ 11,350 Per Each 0 0 PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 5 Each Remove Existing /Provide and Install New PCC 2" Meter Box @ -fit FTyDollars and 00 00 Na Cents $ 50 $ Z50 Per Lineal Foot 5. 4,290 S.F. Remove Existing and Construct 6 -Inch Thick P.C.C. Alley Approach @ Dollars and 0 Q. No Cents Per Square Foot 6. 1,220 Tons Remove Existing and Construct 3 -Inch Thick A.C. Alley @SE PsT-rY 3FOUM Dollars and o 0 90, 7-b 0 1.1D Cents $ �- $ Per Ton 7. 1,630 Tons Remove Existing and Construct 4 -Inch Thick Crushed Aggregate Base @- FOA=TY N%NG Dollars and oo °O No Cents $ 49 $ -+9, 8+0 Per Ton 8. 16,880 S.F. Remove Existing and Construct 6 -Inch Thick P.C.C. Alley Strip Gutter @ Dollars and Nc7 Cents Per Square Foot PR3of3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9. 1,100 S.F. Remove Existing and Construct 6 -Inch Thick P.C.C. Alley @ -F-OUYZ Dollars and ►JD Cents Per Square Foot 10. 10,430 S.F. Remove Existing and Construct P.C.C. Patchback @ '�7C)V►2 Dollars and W o Cents Per Square Foot 11. 1,100 S.F. Remove Existing and Construct A.C.Patchback @ 'you vt Dollars and O Cents Per Square Foot 12. 180 S.F. Remove Existing and Construct Brick Patchback $ `tom $ LJJ400 00 00 $ 4 - @ Tt^ tJ Dollars and °O -0 tJ o Cents $ , Per Square Foot 13. 230 S.F. Remove Existing and Construct P.C.C. Driveway Approach U eo $ Lk j j 7-0 00 $ 00 $ �, 8Oo @ -FouYL Dollars and 5p o0 �1 FT�Cents $ 4 Per Square oot PR4of4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 14. 1,040 S.F. Remove Existing and Construct P.C.C. Sidewalk @ Tkwx_== Dollars and No Cents $ 3 ^ $ Per Square Foot 15. 340 L.F. Construct P.C.C. Curb Type "B" @ Dollars and b0 00 ND Cents $ 8 $ 7 ,+ D Per Linear Foot 16. 225 L.F. Remove Existing and Construct P.C.C. Curb & Gutter Type "A" @ 51 X- Cf—�VZ .1 Dollars and D 0 mo Cents $ lb ^$ 3� 600 Per Linear Foot 17. 3,000 S.F. Remove Existing and Construct 8 -Inch Thick P.C.C. Roadway @ _t7-1 V E Dollars and N O C nts $ 5 0-` $ 1 00 Per Square Foot 18. Lump Sum Remove, Store and Reinstall Traffic Signs @ Dollars and O0 1.10 Cents $ 100 Per Lump Sum 19. 20 Each Adjust Water Valve Covers to Grade @OwE 4iuN cfD Dollars and 00 00 �o Cents $ 150 $ OO Per Each 0 PR5of5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 20. 8 Each Adjust Manholes to Grade @0,.T_ quuonm11N1 Dollars and CPO Q° Na Cents $ lb $ 1� S 7_0 Per Each TOTAL PRICE IN WRITTEN WORDS T tttz E= Dollars 00 and 130 Cents $ 305.015 Total Price (Figures) Date PH, HaM 5583 -VA)X . *t4 • 3 }3. 0039 Bidder's Telephone and Fax Numbers 3596ZZ A Bidder's License No(s). and Classification(s) = NC . Bidder Bddai�sAutl+ rited Sign re anif Title- 600 ►4 c A A Nva . G r►.21aE I G �, Cry 928+•11 Bidder's Address tWsers\pbwlsharedlcontracts\fy 00- 01\balboa peninsula alley repl - o- 3325contract proposal c- 3325.doc 07/062000 8:52 AM r 1 1 1 2 2 2 2 2 2 2 2 3 3 3 �3 51 4 4 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS BALBOA PENINSULA ALLEY REPLACEMENT CONTRACT NO.3325 INTRODUCTION PART 1--- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Surveying Service SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -2.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -7 ADJUSTMENTS TO GRADE 5 -8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 6 -7.4 Working Hours 6 -9 LIQUIDATED DAMAGES r 1 1 1 2 2 2 2 2 2 2 2 3 3 3 �3 51 4 4 4 4 w 0 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -7 COOPERATION AND COLLATERAL WORK 5 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 5 7 -8.8 Steel Plates 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.1 Traffic and Access 6 7 -10.2 Storage of Equipment and Materials in Public Streets 6 7 -10.3 Street Closures, Detours, Barricades 6 7 -10.4 Public Safety 6 7- 10.4.1 Safety Orders 6 7 -10.5 "No Parking" Signs 6 7 -10.6 Street Sweeping Signs 6 7 -10.7 Notice to Residents and Temp Parking Permits 7 7 -15 CONTRACTOR LICENSES 7 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 7 SECTION 9 MEASUREMENT AND PAYMENT 8 9 -3 PAYMENT 8 9 -3.1 General 8 9 -3.2 Partial and Final Payment 10 PART 3--- CONSTRUCTION METHODS SECTION 300 EARTHWORK 11 300 -1 CLEARING AND GRUBBING 11 300 -1.3 Removal and Disposal of Materials 11 300 -1.3.1 General 11 300 -1.3.2 Requirements 11 300 -1.5 Solid Waste Diversion 11 SECTION 302 ROADWAY SURFACING 11 302 -5 ASPHALT CONCRETE PAVEMENT 11 302 -5.1 General 11 302 -5.4 Tack Coat 11 302-6 PORTLAND CEMENT CONCRETE PAVEMENT 12 302 -6.6 Curing 12 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 12 303 -5 303 -5.1 303 -5.1.1 303 -5.4 303 -5.4.1 303 -5.5 303 -5.5.1 303 -5.5.2 303 -5.5.4 SECTION 400 400 -2 400 -2.1 400 -2.1.1 0 CONCRETE CURBS, WALKS, GUTTERS, CROSS 12 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS Requirements 12 General 12 Joints 12 General 12 Finishing 12 General 12 Curb 12 Gutter 13 PART 4 ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, 13 PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL UNTREATED BASE MATERIALS General Requirements f:\ users \pbw\sharcd \contracts\fy 00 -01 \balboa peninsula alley rep] - c- 3325\contract specs index c- 3325.doc 13 13 13 SP 1 OF 13 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS BALBOA PENINSULA ALLEY REPLACEMENT CONTRACT NO. 3325 INTRODUCTION All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the Plans (Drawing No. A- 5149 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including Supplements; (4) Standard Specifications for Public Works Construction (1997 edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California, 90034, telephone (310) 202 -7775. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, 'The work necessary for the completion of this contract consists of installing sewer cleanouts at the property line and removing and replacing alley improvements; adjusting utility frames and covers to finished grade; and constructing other incidental items of work." 2 -9 SURVEYING 2 -9.3 Survey Service Add to this section, 'The Engineer will provide construction staking as required to construct the improvements. Any additional stakes or any restaking or costs thereof shall be the responsibility of the Contractor. The Contractor shall notify the City in writing two working days in advance of the time that the stakes are needed." • • SP2OF13 SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup Replace this Section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. This Section only applies to work in excess of the estimated quantities shown in the Proposal." SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. SP3OF13 SECTION 5 - -- UTILITIES 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finish grade City - owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor shall coordinate with the appropriate utility company (Southern California Edison, Southern California Gas Company, Pacific Bell or cable television) the adjustment of its facilities to finish grade. The Contractor shall also coordinate the adjustment of City of Newport Beach water services to the proper location and elevation with the Utilities Division. The Utilities Division will adjust the services after the contractor has completed removal of existing alley improvements. 5-8 SALVAGED MATERIALS. The Contractor shall salvage all cast iron meter or valve box covers. The Contractor shall salvage all removed pipes. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 -3402. SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section, "No work shall begin until a schedule of work has been approved and a "Notice to Proceed" has been issued by the Engineer. The "Notice to Proceed" is anticipated to be issued on September 18, 2000, The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The schedule shall show when demolition and removal shall be completed for each alley. The Contractor shall allow, and indicate on the construction schedule, the Utilities Division one working day to adjust the water services to the proper location and elevation after the Contractor has completed removal of the alley improvements. The Engineer will review the schedule and may require the Contractor to reschedule to conform to the requirements of the contract documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work in additional alleys until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional men and equipment were required on the job. The term "work" as used herein shall include all removals, adjustments and replacements, removing and replacing alley improvements; construction of alley approaches, PCC Gutters, and paveouts; adjusting utility frames and covers to finished grade; and constructing other incidental items of work." P 6 -7 TIME OF COMPLETION. 0 SP 4 OF 13 6 -7.1 General. Add to this section, "The Contractor shall complete all work under the Contract within sixty consecutive working days from the date of the "Notice to Proceed ". It will be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work. Also included within the specified period is the curing time for new P.C.C. improvements. Each alley must be returned to normal vehicular use within fifteen consecutive working days from the day they are first closed to such use. The Contractor shall schedule his work in such a fashion that no consecutive or adjacent alleys shall be under construction at any one time in order to minimize the inconvenience to the public. For example: if Alley 256 -G is under construction, then Alley 256 -H and Alley 245 -E cannot be under construction at the same time. However, "Alleys 256 -G, 256 -I, 245 -D and Alley 245 -F could be under construction at the same time." 6 -7.2 Working Days. Revise 3) to read, "Any City holiday, defined as January 1 st, the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday in November (Thanksgiving), and December 25th (Christmas). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday. No work will be allowed the week of the Newport Beach Boat Parade, December 17`h through the 24t'." 6 -7.4 Working Hours. Normal working hours are limited to 8:00 a.m. to 4:30 p.m. Monday through Friday. Should the Contractor elect to work later than 4:30 p.m. (up to 6:30 p.m.) on weekdays or between 8:00 a.m. and 6:00 p.m. on Saturday, he must first obtain special permission from the Engineer. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for inspection costs of $50.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read, "For each consecutive calendar day after the sixty consecutive working days specified for completion of the work, the time specified for completion of work, whichever occurs first, as adjusted in accordance with Subsection 6 -6, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500." Revise paragraph two, sentence one, to read, "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500 per day is the minimum SP5OF13 value of the costs and actual damage caused by the failure of the Contractor to complete the work within the allotted time." The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize the time that the park is closed to the public. SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK Add to this section, "The Contractor shall notify the City seven calendar days prior to removing existing alley improvements. After the existing alley improvements are removed, the Contractor shall allow the City one working day per alley to relocate and adjust water services per the proposed alley elevations. The Contractor shall coordinate these activities with Pete Antista, Utilities Superintendent, at (949) 718 - 3401." The Contractor shall provide all new water meter boxes. The Contractor shall install new water meter boxes to final grade. The Contractor shall salvage and reuse all cast iron traffic lids for water meter boxes. All existing damaged cast iron water meter or valve box lids shall be salvaged. Salvaged meter or valve box lids and pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Ed Burt, Utilities Superintendent, at (949) 718 - 3402." 7 -8 PROJECT SITE MAINTENANCE. 7-8.5 Temporary Light, Power and Water. Add to this section, "If the Contractor elects to use the City's water, he shall arrange for a meter and tender a $750 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into the bay." 7 -8.8 Steel Plates. The City can provide a limited quantity of steel plates. These plates may be obtained for a rental charge of $15 per plate, per week or part thereof. In addition, the Contractor shall deposit $100 for the use of the City's lifting eye fitting and for the use of trench plates. The Contractor shall obtain plates from and return plates to the City's Utilities Yard at 949 West 16th Street. To determine the number of plates available and to reserve the plates, the Contractor must call the City's Utilities Superintendent, Ed Burt, at (949) 718 -3402. • f SP 6 OF 13 7 -10 PUBLIC CONVENIENCE AND SAFETY. 7 -10.1 Traffic and Access. Add to this section, "The Contractor shall provide traffic control and access in accord with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials shall not be stored in streets, roads, or sidewalk areas." 7 -10.3 Street Closures, Detours and Barricades. Add to this section, "The Contractor shall also prepare a traffic control plan. The Contractor will be responsible for processing and obtaining approval of a traffic control plan from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan." 7 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this section, "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall furnish, install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least 48 hours in advance of the need for enforcement. In addition, it shall be the Contractors responsibility to notify the City's Police Department, Traffic Division at (949) 644 -3717, for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be similar in design and color to sign R -38 of the Caltrans Uniform Sign Chart. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.6 Street Sweeping Signs / "Permit Parking Only" Signs. After posting "NO PARKING - TOW AWAY" signs, the Contractor shall cover street sweeping signs, on those streets adjacent to construction, with a "PERMIT PARKING ONLY" sign, in a manner approved by the Engineer. The Contractor shall also cover all street sweeping signs on the opposite side of the street from where he has posted the "PERMIT SP 7 OF 13 PARKING ONLY" signs, in a manner approved by the Engineer. Immediately after construction is complete and the alley is opened to traffic, the Contractor shall remove the "PERMIT PARKING ONLY" signs and uncover the street sweeping signs. 7 -10.7 Notices to Residents and Temporary Parking Permit. Ten working days prior to starting work, the Contractor shall deliver a construction notice to the residents describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours before restricting vehicular or pedestrian access to garages, parking spaces, sidewalks, etc., the Contractor shall distribute to affected residents a written notice stating when construction operations will start and approximately when vehicular and pedestrian accessibility will be restored. The written notices will be prepared by the Engineer. The Contractor shall insert the applicable dates and times when the notices are distributed. Errors in distribution, false starts, acts of god, strikes or other alterations of the schedule will require Contractor renotification using an explanatory letter furnished by the Engineer. The Contractor shall also deliver a minimum of two 'Temporary Parking Permits' to each affected residence. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until completion of work, the Contractor shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and so certified by the Engineer at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide "As- Built" corrections upon a copy of the plans. The "As- Built" correction plans shall be verified by the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. 0 0 SP8OF13 SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT. 9 -3.1 General. Revise paragraph two to read, "The unit and lump sum prices bid for each item of work shown on the proposed shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include all preparation and scheduling of materials and equipment necessary to complete the work under this contract. Item No. 2 Traffic Control: Work under this item shall include the delivery of all required notifications and temporary parking permits, posting of signs and all other costs incurred in notifying the residents. In addition this item shall include providing the traffic control required by the project including, but not limited to, preparation of traffic control plans, signs, cones, barricades, flashing arrow sign, K- rail, striping, flag men and all other work necessary to comply with the WATCH manual, latest edition, and City of Newport Beach requirements. Item No. 3 Remove Existing, Provide and Install New P.C.C. 1 -Inch Meter Box: Remove existing P.C.C. meter box, salvage existing cast iron traffic cover, install new P.C.C. meter box and reinstall existing cast iron traffic cover, per applicable portions of City of Newport Beach Std - 502 -L, including but not limited to, disposal of excess excavated materials, installation of a new P.C.C. meter box, salvage and reuse of existing cast iron traffic cover, adjustment to grade, and all other work necessary to remove existing, provide and install new P.C.C. meter box and reinstall the existing cast iron traffic cover complete and in place. Item No. 4 Remove Existing, Provide and Install New P.C.C. 2 -Inch Meter Box: Remove existing P.C.C. meter box, salvage existing cast iron traffic cover, install new P.C.C. meter box and reinstall existing cast iron traffic cover, per applicable portions of City of Newport Beach Std - 503 -L, including but not limited to, disposal of excess excavated materials, installation of a new P.C.C. meter box, salvage and reuse of existing cast iron traffic cover, adjustment to grade, and all other work necessary to remove existing, provide and install new P.C.C. meter box and reinstall the existing cast iron traffic cover complete and in place. Item No. 5 Remove Existing and Construct 6 -Inch Thick P.C.C. Alley Approach: Work under this item shall include removing existing alley approach, disposal of excess material, grading, compaction, construction of a P.C.C. alley approach, SP9OF13 including type "A" P.C.C. curb and gutter and 4 -inch thick crushed aggregate base, and all other work necessary to construct the alley approach complete and in place. Item No. 6 Remove Existing and Construct 3 -Inch Thick A.C. Alley: Work under this item shall include removing existing alley, disposal of excess material, grading, compaction, adjusting utility frames and covers to grade, construction of the alley with 3 -inch thick A.C., joint filler and all other work necessary to construct the alley pavement complete and in place. Item No. 7 Remove Existing and Construct 4 -Inch Thick Crushed Aggregate Base: Work under this item shall include removing existing alley base, disposal of excess material, grading, compaction, construction of the alley with 4 -inch crushed aggregate base and all other work necessary to construct the alley base complete and in place. Item No. 8 Remove Existing and Construct 6 -Inch Thick P.C.C. Alley Strip Gutter: Work under this item shall include removing existing alley strip gutter, disposal of excess material, grading, compaction, construction of a 6 -inch thick P.C.C. alley strip gutter and all other work necessary to construct the 6 -inch thick P.C.C. alley strip gutter complete and in place. Item No. 9 Remove Existing and Construct 6 -Inch Thick P.C.C. Alley: Work under this item shall include removing existing alley, disposal of excess material, grading, compaction, adjusting utility frames and covers to grade, construction of the alley with 6 -inch thick P.C.C., joint filler and all other work necessary to construct the alley pavement complete and in place. Item No. 10 Remove Existing and Construct 6 -inch Thick P.C.C. Patchback: Work under this item shall include removing existing PCC, disposal of excess material, grading, compaction, construction of the improvements adjacent to the alley with 6 -inch thick P.C.C. and all other work necessary to construct the P.C.C. patchback complete and in place. Item No. 11 Remove Existing and Construct 4 -inch Thick A.C. Patchback: Work under this item shall include removing existing AC, disposal of excess material, grading, compaction, construction of the improvements adjacent to the alley with 4- inch thick A.C. and all other work necessary to construct the A.C. patchback complete and in place. Item No. 12 Remove Existing and Construct Brick Patchback: Work under this item shall include removing existing brick, disposal of excess material, grading, compaction, construction of the improvements adjacent to the alley with brick to match existing and all other work necessary to construct the brick patchback complete and in place. SP 10 OF 13 Item No. 13 Remove Existing and Construct P.C.C. Driveway Approach: Work under this item shall include removing existing PCC driveway approach, disposal of excess material, grading, compaction, construction of new 6 -inch thick P.C.C. driveway approach, per C.N.B Std.- 163 -L, and all other work necessary to construct the P.C.C. driveway approach complete and in place. Item No. 14 Remove Existing and Construct P.C.C. Sidewalk: Work under this item shall include removing existing P.C.C. Sidewalk, disposal of excess material, grading, compaction, construction of new 4 -inch thick P.C.C. sidewalk and all other work necessary to construct the P.C.C. sidewalk complete and in place. Item No. 15 Construct P.C.C. Curb Type "B ": Work under this item shall include disposal of excess material, grading, compaction, construction of new P.C.C. curb type `B ", per C.N.B Std.- 182 -L, and all other work necessary to construct the P.C.C. curb type "B" complete and in place. Item No. 16 Remove Existing and Construct P.C.C. Curb and Gutter Type "A ": Work under this item shall include removing existing P.C.C. curb and P.C.C. street pavement, disposal of excess material, grading, compaction, construction of new P.C.C. curb and gutter type "A ", per C.N.B Std. - 182 -L, and all other work necessary to construct the P.C.C. curb and gutter type "A" complete and in place. Item No. 17 Remove Existing and Construct 8 -Inch Thick P.C.C. Roadway: Work under this item shall include removing existing P.C.C. roadway, disposal of excess material, grading, compaction, construction of new 8 -inch thick P.C.C. roadway and all other work necessary to construct the P.C.C. roadway complete and in place. Item No. 18 Remove, Store and Reinstall Traffic Signs: Work under this item shall include removal, storage and reinstallation of all City traffic regulatory signs within the project limits and any equipment necessary to complete the work under this contract. Item No. 19 Adjust Water Valve Covers to Grade: Work under this item shall include adjusting all water valve frames and covers to grade and any equipment necessary to complete the work under this contract. Item No. 20 Adjust Manholes to Grade: Work under this item shall include adjusting all manholes to grade and any equipment necessary to complete the work under this contract. 9 -3.2 Partial and Final Payment: Add to this section, 'Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." 0 PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials SP 11 OF 13 300 -1.3.1 General. Add to this section, 'The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stoppers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each work day." 300 -1.3.2 Requirements. (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with, "Saw cuts shall be neatly made to a minimum of two inches." And replace the words "1 '/2 inch" of the last sentence with the words "2 inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility which crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer. SECTION 302 - -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add to this section, 'The asphalt concrete used shall be Type III C3 -AR- 4000." 302 -5.4 Tack Coat. Add to this section, 'Prior to placing the asphalt concrete patches, a tack coat of Type SS -1h asphaltic emulsion shall be uniformly applied to existing A.C. and P.C.C. surfaces and edges against which asphalt concrete is to be placed at a rate not to exceed one —tenth of a gallon per square yard." SP 12 OF 13 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing. Add to this section, "The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201 -1.1 -2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6 -7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section, "Sidewalk and curb access ramps shall be opened to pedestrian access on the day following concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. Newly poured P.C.C. improvements subject to vehicle loads shall not be opened to vehicle traffic until the concrete has cured to a minimum strength of 2,000 psi." 303 -5.4 Joints. 303 -5.4.1 General. Add to this section, "The Contractor shall make a sawcut parallel to the centerline of the alley, 2 feet along each side of centerline, over the entire length of the alley. The Contractor may also sawcut the property lines, adjacent to the alley, in lieu of scoring the pavement along the property lines or constructing an edged cold joint. All sawcuts shall be made to a depth of 2 inches." 303 -5.5 Finishing. 303 -5.5.1 General. Add to this section, "The Contractor shall patch back A.C., P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural section, texture and color." 303 -5.5.2 Curb. Add to this section, "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor shall call the City's Utilities Superintendent, Ed Burt, at (949) 718 - 3402." • SP 13 OF 13 303 -5.5.4 Gutter. Add to this section, 'The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." PART 4 SECTION 400 - -- ALTERNATE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General. 400 -2.1.1 Requirements. Add to this section, 'The Contractor shall use crushed aggregate base as base materials." 07106/2000 8:18 AM F: \Users \PBW\Shared \Contracts \FY 00 -01 \Balboa Peninsula Alley Repl - C- 3325 \Contract Specifications C- 3325.doc TO: FROM: SUBJECT: i F. APPROVED-= Mayor and Members of the City Council Public Works Department August 22, 2000 CITY COUNCIL AGENDA ITEM NO. 8 BALBOA PENINSULA ALLEY REPLACEMENT- AWARD OF CONTRACT NO. 3325 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3325 to Nobest Incorporated for the Total Bid Price of $385,015.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $38,500.00 to cover the cost of unforeseen work. DISCUSSION: At 11:00 A.M. on August 8, 2000, the City Clerk opened and read the following bids for this project: Corrected Bid Amount is $506,370.00 The low total bid amount is 4 percent below the Engineer's Estimate of $400,000.00. Nobest Incorporated has satisfactorily completed similar projects for the City. A check with the State Contractor's License Board indicates that Nobest Incorporated has no pending actions detrimental to their contractor's license. BIDDER TOTAL BID AMOUNT Low Nobest Incorporated $385,015.00 2 E.C. Construction, Inc. $419,256.60 3 Damon Construction, Inc. $428,755.00 4 Holland & Lowe Construction, Inc. $434,580.90 5 Sequel Construction, Inc. $453,539.40 6 Beador Construction Company $478,000.00 7 So. Calif. Underground Contractors, Inc. *$506,390.00 Corrected Bid Amount is $506,370.00 The low total bid amount is 4 percent below the Engineer's Estimate of $400,000.00. Nobest Incorporated has satisfactorily completed similar projects for the City. A check with the State Contractor's License Board indicates that Nobest Incorporated has no pending actions detrimental to their contractor's license. 0 0 Subject: Balboa Peninsula Alley Replacement — Award of Contract No. 3325 August 22, 2000 Page: 2 The project provides for removal of existing deteriorated asphalt alleys, replacement with asphalt and concrete alleys, the adjustment of utility facilities, and construction of other incidental items of work. In addition, some curb and gutter, driveway approaches, and concrete street replacement will be reconstructed adjacent to the alleys. There are sufficient funds available in the following accounts for the work: Account Description Account Number Amount Alley Replacement Program 7013- C5100277 $408,400.00 Street and Bikeway Improvements 7181- C5100302 15,115.00 Total: $423,515.00 Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director By: StephJ J. Luy, . Project Manager Attachments: Project Location Map Bid Summary 2 Q c? N 2 / N�a h N U 1 v- N 1335 a CITY OF NEW � vv N YS i 0 m k£i H1til i lS H1ll Hie, "il0l is �8 4U6 0 Ci IT �a 11n ;: US BEACH I DRAwN---� MENT APPROVED DATE L., J U to O 0 Z U 4 J C -3325 BALBOA PENINSULA ALLEY REPLACEMENT PROGRAM I mAw+No No. EXHIBIT A U O w � C u ¢ e $ a O U W a � � C {c L U S C 0 0 co V t d ssspopsssssosossoosspsgo W$ g g s$$ m N s r s s P$ S "$ s Q U vi b ry r r m Z d d- ti b r o ri a o0 a w F p p C W O S S O d 0< Uvt U o r ry C00 �r h b m m � U a Q O . ❑ O O U 8 O P W P vi ao N r YG m m b m a0 O P m b b C O O m d b O O O O O r r C O O b r w- m m _ � � Z 'J 'J '.Jr 'J rJ � q F•• '� N O � ONO m W P„ d r r N d V N r r � 0. dS a al a w C a > ki w w aa a a a a 04 a a a $aa.°r .G. h h N h N h O h n h P U N W O O O O S p p O O S O S p p O S O S S p p O O S O O S O O G S S vl Vl Vl O G$ N W I� pp S O m N N$ O S S N Ct O at � O o, r m O S pO O O S O O pp S O h O S O S Sp S 0 I O O O I p p .z $o$S$p$$$V$ 8 v9i OOO $S9 $ S O$ 8080 Q� d F oo, °o do, °o, g $ °o, oo, oo $ N -y. o pQ o n r n vi w o r d •i r b o S g �„� Lr rm O C7� co V t d a w 3 U � m � U a Q O . ❑ O O U r m m Y w- _ � � Z 'J 'J '.Jr 'J rJ � q z y 0 O G �.. 3a :.i U . 3a o4 . oa T• fs/1 ta - m dS a al a w C a > w w aa a a a a 04 a a a $aa.°r co V t d W _U 0 Qj W W � U 6 °O a U - < U O W G i 9 0 a N y W 6 W J J O O {i• Y. {4 Ii {4 li k. k. f+. {L N W W 4] {.. {... 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N N Vl N VI Vl N J ..S N J C J V � C V a�-] a � N a .1t U Q V •-• q 1 U u U < U a P. .AC T yp? p C s •(ep7 w 49 0.l 0. y€ F• U O• y> u U U p• �c n u w Arm a q U r e 3 3 3 3 3 3 3 a a {- - 3 $ _ Y a a a a a a a a a a a a y a a S A O a ce s di Qi a ce ad 0 C4� 2 9 9 idm !�!�• �{ - aaaaaaaaaaaa aa12aa W u a w U a u. O _N w� va� $ a O f �C G S C7 46 vi 14 C C fL {4 {4 {4 k. {4 Y. V. Y. Y. Vi u ssssssssssssssssssssg _ rz 0 0 0 0 o d d d d d d o d o d d d o 0 o d < w F O y w S O O O S S S S S S S S S S S S S O S S o 0 0 0 0 o c o c o 0 0 o e o 0 0 0 0 0 3 w ��y:W N 90 3 3 3 3 3 3 3 a a F F m 3 ' N1 - aaaaaaaaaacea O C4 ed w Qi Qi d od C4 y i U m � F a a a P a a a a v V 'O a a C? C? C? $ $ $ < w 0 0 0 0 0 0 0 0 8 o d o 0 0 0 0 0 0 0 0 0 "a o0. 888$588885888888888$ o 0 0 0 0 0 0 o c o 0 0 0 o e e o c o 0 3 w �0. s m 8 8 8 8 8 8 8$ 8 8 8 8 1 n 884a 88P8888° W a S o vio m a - moo rimro oo F d v c 8 8 8 o wi Q vi N m O m 0 m U J M S S N ON. O h o $ h$$ N b S h O O S$ $ O m N vi b O Q O yWn` pp y O S O O Vf O N O$$ O$$$ 0 0 0 0 0 p [OF- 46 vi 14 C C fL {4 {4 {4 k. {4 Y. V. Y. Y. Vi u _ rz w W f0 L;ii�¢555�5sUU ��y:W N 90 3 3 3 3 3 3 3 a a F F m 3 ' N1 - aaaaaaaaaacea O C4 ed w Qi Qi �aa C4 ce od w od C4 y i U m � F a a a a a a a a a a a a v V 'O a a i a m h m w 0. 0 TO: Mayor and Members of the City Council FROM: Public Works Department ( 3 F) C_33as May 23, 2000 -- -CITY. COUNCIL AGENDA ITEM.Nq, 12 SUBJECT: BALBOA PENINSULA ALLEY REPLACEMENT - BID FOR CONTRACT NO. 3325 RECOMMENDATIONS: 'gig 1. Reject the sole bid for the project, submitted by Damon Construction Co., and direct staff to re -bid the project. 2. Direct the City Clerk to return the Bid Bond to the Contractor. DISCUSSION: At 11:00 A.M. on May 10, 2000, the City Clerk opened the bid proposal from the only respondent. The project was bid with four alternatives: • The first alternative, AC -1, consists of reconstructing 7 alleys in asphalt. • The second alternative, AC -2, consists of reconstructing 8 alleys in asphalt. • The third alternative, PCC -1, consists of reconstructing 7 alleys in concrete. • The fourth alternative, PCC -2 consists of reconstructing 8 alleys in concrete. The bids for these four alternatives were: BIDDERS Low Damon Construction Co. Low Damon Construction Co. Low Damon Construction Co. Low Damon Construction Co. Total Bid Amount for Alternate AC -1 $279,083.50 Total Bid Amount for Alternate AC -2 $303,046.50 Total Bid Amount for Alternate PCC -1 $378,289.00 Total Bid Amount for Alternate PCC -2 $387,609.50 The low total bid amount for alternative AC -1 is 38% above the Engineers Estimate of $203,000.00 and exceeds the amount budgeted for the project. 0 • Subject: Balboa Peninsula Alley Replacement — Award of Contract No. 3325 May 23, 2000 Page: 2 The low bidder, Damon Construction Co., was the only contractor to submit a bid for the project. Because of lack of funds and other competitive bids, staff recommends that the project be re -bid. Items of work include installing sewer cleanouts at the property line, removing and replacing alley improvements, adjusting utility frames and covers to finished grade, and constructing other incidental items of work. Construction was scheduled to begin in September of 2000, after the summer season. It is planned to re- advertise so that a contract can still be awarded in August. If this schedule is met, the project can still be completed this fall. The FY1999 -00 funds in the amount of $211,000.00, in account No. 7013- C510027, are proposed to be re- budgeted to FY2000 -01 during the upcoming Capital Improvement Program Review in June. Res ully su tted, PUBLIC WORKS DEPARTMENT Don Webb, Director By: fgjN Stephen Luy, P. . Project Manager Attachment: Project Location Map F:Us XPBWSh &-m'.000NCaTy994OWay- 23UIabw aky rte*a t c3+25.aa "L-j N is �06 m `O 2 N U U Q N v O= mU W ZQ U 4 !S �o N y111 N O �O 0 N? �z o� Q U N O = J 0 0 U Ci Q� u h 1S Hlbl v N 133�US� HISI m I C7 V, V, N 1 1 C -3325 CITY OF NEWPORT BEACH DRAWN_ DATE s B- 00 PUBLIC WORKS DEPARTMENT APPROVED BALBOA PENINSULA ALLEY REPLACEMENT PROGRAM DRAWING No. A- 5149 -S -A 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 May 24, 2000 Damon Construction Co. 455 Carson Plaza Drive, Unit F Carson, CA 90746 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Peninsula Alley Replacement Project (Contract No. 3325) 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 9 0 PAGE l CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA PENINSULA ALLEY REPLACEMENT CONTRACT NO. 3325 We, the undersigned Principal and Surety, our successors and assigns, executors, hells and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter pry, in the principal sum of ** *TEN PERCENT OF THE TOTAL AMOU) OF THE BID * ** Dollars (S 10Z of TOTAL BIR 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 REPLACEMENT, Contract No. 3325 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 falls 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 individuai, 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 10TH day of DAMON CONST. CO. Name of Contractor (Principal) AMERICAN CONTRACTORS INDEMNITY COMPANY Name of Surely 1081 CAMINO DEL RIO SOUTH, 1107 SAN DIEGO, CA 92018 Address of Surety 619/29742900 Telephone MAY IS2000. • � - • BROOKE LAFRENZ, ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 State of California County of Los Angeles On 7)W.41 1_T before me, Thelma Barillas> Notary Public DAT � NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC' personally appeared Margaret Ann Rullo NAME(S) OF SIGNER(S) ❑ personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(o) is /aye subscribed to the within instrument and ac- knowledged to me that 4e /she /€Iiep executed the same in bis /her / *e +r authorized capacity(#eG), and that by his/her/th p- signature(s) on the instrument the person( &), THELMABARILLAS or the entity upon behalf of which the COMM. 1214304 person(s) acted, executed the instrument. NOTARY RY PUBLIC • CALIRORNIA i LOS ANGELES COUNTY My Comm. Expires Apr. 25, 2003 WITNESS my hand and official seal. 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 ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave.. P.O. Box 7184 • Canoga Park, CA 91309 -7184 STATE OF CALIFORNIA SS. COUNTY OF SAN DIEGO On 10 MAY 2000 , before me, WENDY B. DOWNS, NOTARY PUBLIC PERSONALLY APPEARED BROOKE LAFRENZ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(4) whose name(j) is /alrr subscribed to the within instrument and acknowl- edged to me that iYe /she /they executed the same in *,is,/ herftheir authorized capacity(ieej, and that by-!tis/her/ their signature(i) on the instrument the person(j), or the entity upon behalf of which the person(j) acted, executed the instrument. WITNESS my hand and official seal. Signature OPTIONAL Q RYPUBU DOWNS NOTARY PUBLIC D CALIFORNIA COMMISSION 0 1213737 c SAN DIEGO COUNTY My Comm Exp Mare 21, 2003 This areafor Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER nnE1S1 ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENiRYpESI SURETY DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE IDa081 R1, 6/94 ALL- PURPOSE ACKNOWLEDGEMENT American Contractors Indemnity Company Los Angeles, California POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPANY, a California Corporation (the "Company'), and having its principal office in Los Angeles, California does hereby constitute and appoint: Brooke La£renz, San Diego as its we and lawful Attorneys) -in -fact, in amount of $ 1.000.0OO.O , to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of resolutions adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY, at a meeting called and held on the 6th day of December, 1990. RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority. 1. To appoint Attomey(s) -in -fact and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove, at any time, any such Attorney -in -fact and revoke the authority given. RESOLVED FURTHER, that the signature of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMNITY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer this 13 th day of May 19 97 � Q•ptlagJ�yo AMERICAN CONTRACT =MPANY IHCOUORAHD ? By: SFPi 26, t99a Andy Faust, President STATE OF CALIFORNIA COUNTY OF LOS ANGELES On May 11- 1947 before me, Norma Virilio , personally appeared Andy Faust personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. .WITNESS my hand and official seall. CERTIFICATION i NORMA J. VIRGtt1O COMM. #f 4966 V1MjyCWn. Notary Pxbec Ca9fa to LOS ANGELES COUNTY ExpreSAUG 10. 1997 I, the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the resolution adopted by the Board of Directors of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that same are correct transcripts thereof and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in frill force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this __ 10TH day of MAY 11g 2000 Albert Baumgarten, Secretary CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 September 13, 2000 E. C. Construction Co. 2213 Chico Avenue South El Monte, CA 91733 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Peninsula Alley Replacement Project (Contract No. 3325) 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 September 13, 2000 Damon Construction Co. 455 Carson Plaza Dr., Unit F Carson, CA 90746 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Peninsula Alley Replacement Project (Contract No. 3325) 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 September 13, 2000 Holland -Lowe Construction, Inc. 427 S. Pershing Avenue San Bernardino, CA 92408 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Peninsula Alley Replacement Project (Contract No. 3325) 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 September 13, 2000 Sequel Contractors, Inc. 12240 S. Woodruff Avenue Downey, CA 90241 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Peninsula Alley Replacement Project (Contract No. 3325) 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 September 13, 2000 Beador Construction Co., Inc. P. O. Box 1 Corona del Mar, CA 92625 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Peninsula Alley Replacement Project (Contract No. 3325) 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 September 13, 2000 Southern California Underground Contractors, Inc. P. O. Box 1747 Brea, CA 92822 Gentlemen: Thank you for your courtesy in submitting a bid for the Balboa Peninsula Alley Replacement Project (Contract No. 3325) 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