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Home My WebLink AboutC-3358 - West Newport Sound Wall Transparent Panel ReplacementMay 22, 2002 AY OF NEWI'ORTi3EACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 A & M Construction 9693 Hazard Avenue Garden Grove, CA 92844 Subject: West Newport Sound Wall Transparent Panel Replacement (C -3358) To Whom It May Concern: On May 22, 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 June 28, 2001. The Surety for the contract is Gulf Insurance Company, and the bond number is AE0658242. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LH:cf cc: Public Works Department R. Gunther, P.E., Construction Engineer enclosure 3300 Newport Boulevard, Newport Beach FINAL CONTRACT PRICE CITY OF NEWPOR1 BEACH PUBLIC: WORKS DEPARTMENT 0, ond If AE0658242 Premium: $3,169.00 PA"il t8 WEST NEWPORT SOUND WALL _TRANSPAFENT P/WEL, I:EP ,ACEME fJT CONTRACT NO. 3358 BOND NC). AE0658242 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 3,169. 00 _ being at the rate of S.—. 25.00 thousand of the Contract price WHEREAS, the City Council of the City of Newport Beach. State of California, by motrnn adopted, awarded to Name of Contractor, hereinafter designated as the "Principal', a conlydct for construction of WEST NFWPORT SOUND WALL TRANSPARENT PANFI_ REPLACEMENT, Contract No. 3358 in the City of Newport Beach, in strict conformity with the plans, drawings. specifications, and other Contract Document: maintained in the Publir, Works Department of the City of Newport Beach, all of which are incorporated hei ein by this reference. WHEREAS, Principal has e eicuted or IS abort t) execute Contact No. 33515 and the terms thereof require the furnishing of a Rond loi the faithful performance cf the Contract. NOW, THEREFORE, we, the Principal, snd Gulf Insurance Gom� any__.__ „____.___. duly authorired to tfanS;J(A business under tlmu laws of the Stale of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the surn of one hundred twenty -six thnu .and, seven hundred sixty -eight and 001100 Dollam ($126,7613.00) lawful money of the United Strales of America, said sum br=ing equal to 100% of the et;tirnaled aniuunt of t:,-,e Cortr;ic.t, to be paid to the City of Newport Br ?r?ch. its successors, and assigns; for which payment well ::it !I truly to be made, we bind our solves, out heirs, executors and administrators, suc:ces: ors, or assigns, jointly and severally, firmly by Ihese present. THE CONDITION OF I HIS (')HLIGA-fION IS ;lJCt1, that if the Principal, or the Principal's heir:, c:xemitors, administrators, succes ;ors, or assigns, tail to abide by, and well and truly keep and perform any or all the work, covenants, conditicns, and agreenments in the Contract Documents and any alteration thereof mace ;r s therz ire provided on its part, 16 be kopt and performed at the time and Fri the manner therein specified, and in all respecLs according to it:. true intent and meaning, or fails to indemnify, de end, and save harmless the City of Newport Beach, its officers, employees and agents, as therain stipulated, then. Surety will faithfully perform the same, in an amount not exa>eding the gum specified m this B(ood; oil ,;rvijse this obligation ,hall became; null and void. PA!. F n 7 AS a part of the obligation sE'.Ctir'ed ic; 3dddiOn tC; Info al-noun, Spe.,iTi« n this Perfofmancza Bond. there shall be 1- iLid0d toil:; and n >_.aac ^d'ole expenses .]rvi G; :s., rnciud ng reasonable a'OrnC`fs ie6s, InCLrreci b thn ;; l', only In the >_vent the C ty Is reciii-; d t.] bdr g an action in law or equity against Surely tc : ;ntort ,he obiicgaticrs of this Bond. Surety, for value received, stipulates and a_,ro s that no charge, extension c-f 19l ?E, atteratlons or addition's to the terms of 'he C:ontrnict cr to the n crk to be psrPon-ned thereund-e cr to the specifications accompanying the sar ^e shad in ary way affect its obligations on this 3r;nd, anc it does hereby waive notice of any Slush c'h ange fix' @nSlon of timo, alterations or addl5 )rt1i Gf the Contract or to the work or to the spec:ficatio I-,. This Faithful Performance Boric shall b:' ertendecl and maintained by the Principal in full force and effect for one (1) year followirg the date of fr_r-rtal acceptance or tr.e Project by the '—`qty In the event :hat the Principal execCJted ihis :::d as an individual, it is agreed th:a. the de2th of any such Principal shali not i,xonerate tna Surety from its ohli ;Js!irns und(,,r this IN INCrNI-SS VVIIERFGF, f,-•is: inst.urn rlt has u•.en duly executed by the Prn6pa' ,and Surety above narned, on he 13thday cf December 2000 A & M Construction Name of Contraci.Dr Princlpalj Gulf Insurance Company Name of Sore 1v 4uncDrized Sionature /Title �rlZed �]tierl ✓:I(�r1 :.31U(F' 40 Baseline Rd., 11102, Tempe, AZ 85283 /Randy Spohn, Attorney -in -fact Address of Sureky I�r-rrt Name and -'fie Telephone NOTARY ACKNOWLEDGMENTS OF CONTRA(,-T(F AND SURE Y FAUST BE ATTACHED CALIFORNIA ALL- PURPOSA'KNOW LEDGMENT State of CALIFORNIA County of ORANGE On —/ 3 C0 before me. ZARA SPOHN, NOTARY PUBLIC personally appeared RANDY SPOHN K personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their ZARA .S. SPOHN authorized ca licit lies and that b his /her /their signature(s) on the COMM. 01230889 Pt Y( )� • Y s , Notary PubIIo- California y instrument the person(s), or the entity upon behalf of which the w ;:�, ORANGE COUNTY =�, person(s) acted, executed the instrument My Comm. Exp. July 31, 2003 WITNESS my hand and official seal. Signature of Notary 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 xx ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT June 28, 2001 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 A & M Construction 9693 Hazard Avenue Garden Grove, CA 92844 Subject: West Newport Sound Wall Transparent Panel Replacement (C -3358) To Whom It May Concern: On May 22, 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 May 24, 2001, Reference No. 20010334833. The Surety for the contract is Gulf Insurance Company, and the bond number is AE0658242. 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 r � nF'nM • : \ F ii: T 1 -1T . 77 F 1 Dec. 13 2000 llr.'_::,R1 P? • and ll AE0658242 Premium: Included in Performance Bond PAGE: 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT SOUND WALL TRANSPARENT PANEL REPLACEMENT CONTRACT NO. 3356 BOND NO.._AE06,58242 LABOR AND MAT ERIALS_PA,YMENT BOND WHEREAS, the City Council of the City of Ne✓:port Beach. State of California, by mrdion adopted, has awarded to Name of Contractor, heseinatter designated as the "Principvi." a contract for construction of WEST NEWPORT SOUND WALL. TRANSPARENT PANEL REPLACEMENT, Contract No. 3358 in the City of Newport Beath, in strict cord'onnity with the plans, drawings, specifications and other' Contia-_-t Lwcun)ents in the cffire of the Public Wotks Deparimenl of the City of Newport Beach, all of which are. incorporated hereiri by this referen;.!. WHEREAS, Principal has executed or is about to execute Contract No. 3358 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 ether supplies used in, upon, for, or about the performance, of the work. agreed to ba dome, or for any wort: or labor done thereon of any kind, the Surety on this bong will pay the same to the ,extent hereinafter set forth: NOW, THE- REFOR.E, We :tit" undersigned Principal, and, Gulf Insurance Company._......__._.__ d�iy' 3UthOriZed to i!anS -ICt business under the Laws of the State of California. as Surety, (referred to herein as "Sure ly -) ;;re held firmly bound unto the City of Newport LE:ach, in the SUM of one hundred twenty -six thousand, seven hundred sixty -eight and 00;100 Dollars ($126,768.00) lawful money of the United Suites of America, said Burn 0einq equal t', liK, `;b of the estimated amount payat }I,z by ih? City of Newport Beach under the terms of the (. ontracr, for which paymeril well and 1 -uly ic, be made, we bind ourselves, our heirs, executors ;arid acrmnlstt afors, successors, or assigns, :ointly and severally, fimly by these present. THE CONDI710N Or TI IIS OBLIGATION IS SUCH, that if the Principal or the Princ:ipal's subcontractors. fail to pay for any materials, urcn; sons, or other supplies. implements Or machinery used in, upon, for, or about the performance of the work axdiacted to be done, or for any other work or labor thereon of any kind, or far amounts due under the Uneniploy -nrnt Insura-lce Code with respect to such work or Izibor, or for any amounts required to he deda, withheld and paid over to the Emp oyment Deve.lo ,ment Dep�irtment from the wag,ws :J emplevees of the Principal and subcontrartors p.irsuant to Section 13020 of the Unempioy'rlent Insi.irance Code with respect to such work and Ic1,01, then the Surety will pay for the se me, .n a1 amOint not exceeding the sum specified in :his E'ond, ae j also, in cr,e. Suit is brought 10 e: fcrc the obligations ct this Bond, a reasonaole attor x -y's. fc -e, to be'+ixeyci by the Covet as ntrquir;�d by the provisions of Section :3250 of the Civil Code o' th , State of Cafifor nia. FROM FR;: !10. 71 _.'.b Dec. 1. ,7Cj =1C 11: 1Fit41 P The Bond shall inure to the benefit of ary and oil person=_, companies, and corporations entitled to file claims under Section 3181 of the Califonia Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Hond, 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, hereoy stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the .work to be perforn-ed thereunder or the specifications accompanying the sarne shall in any wise affect its obligations on this Bond, and it does hereby waive nottDe of any such change, extension of time, aiteratiom s c•r additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named ewecuted this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligaticns under this Bond. IN WITNESS WHEREOF, this instnimert has been duly executed by the above named Principal and Surety, on the 13th day of - .December_ ____ -_ __..., ".-L'000 . A & M Construction Name of Contra; ;tor i'Principaq Gulf Insurance - Company Narne of Surety 40 Baseline Rd., #102, Tempe, AZ 85283 Address of Surety-- :fl :. 1 Telephone Authomed Signature!Titie - A hi rized A er Signature Randy Spohn, Attorney -in -fact P-m' Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED CALIFORNIA ALL-PURPOSE OINOWLEDGMENT • State of CALIFORNIA County of ORANGE On 12 45-cz) �before me ZARA SPOHN, NOTARY PUBLIC personally appeared RANDY SPOHN > X personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their ZARA S. SPOHN authorized capacity(ies), and that by his /her /their signature(s) on the S COMM. #7230889 m instrument the person(s), or the entity upon behalf of which the U) ( "`� Notary Public- Califomia t person(s) acted, executed the instrument w ORANGE COUNTY 0 �. My Comm. Exp. July 31, 2003 WITNESS my hand and official seal. -z' Signature of Notary 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 xx ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT GULF INSURANCE W ST. LOUIS, MISSOUOU POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. DUPLICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL. KNOWN ALL MEN BY THESE PRESENTS: That the Gulf Insurance Com- pany, a corporation duty organized under the laws of the State of Missouri, having its principal office in the city of Irving, Texas, pursuant to the following resolution, adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the I Oth day of August, 1993, to wit: "RESOLVED, that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make. execute and deliver a Power of Attorney constituting as Attorney-in-Fact, such persons, firms, or corporations as may be selected from time to time: and any such Attorney -in -Fact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED, that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in -fact to sign, execute, acknowledge, deliver or oth- erwise issue a policy or policies of insurance on behalf of Gulf Insurance Company, RESOLVED, that the signature of the President, Executive Vice President or any Senior Vice President, 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 powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to ao" bond and documents relating to .such bonds to which they are attached.' Gulf Insurance Company does hereby make, constitute and appoint NUMBER AE O *8242 NAME,ADDRESS PRINCIPAL: CITY, STATE, ZIP A & M Construction 9693 Hazard Ave. Garden Grove, CA 92844 EFFECTIVE DATE December 13, 2000 CONTRACT AMOUNT $ 126,768.00 BOND AMOUNT $ 126 768.00 - - -- Florence Perry, Randy Spohn, Zara Spohn --- -- its true and lawful attorneN(. <)-in -fact. with full poM'cr and authonty hereby conferred in its name. place and stead, to sien, execute. acknowledge and deliver in its behalf. as surety, any and all bonds and undertakings of suretyship. and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds. under takines and documents relating in such bonds and /or undertakings Mere signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(,) -in -fact. pursuant t0 the authority herein given. are hereby ratified and confirmed. The obligation of the Company shall not exceed one million (1.000,(1001 dollars. IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. ' �S'P.PI GE Gp,vGggt C01. GOLF INSI. R:ANCE COMPANY SEAL STATE OF SEE' ) ORK Lawrence P. Miniter SS COUNTY OF KINGS I Executive Vice President On the 13th day of April, 20041 A.D., before me came Lawrence P. Miniter, known to me personally who being by me duty sworn, did depose and sap; that he resides in the County of Bergen, State of New Jersey; that he is the Executive Vice President of the Gulf Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such cor- porate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like corder. �pTAq� `1 DAVID J.AFFA 9�x A�BJG Q Notary Public, State of New York No. 02JA4958634 STATE OF NEV, ' YORK I OF N Qualified in Kings County COUNTY OF NE \C YORK I SS Commission Expires December 311, 2001 1, the undersigned, Senior Vice President of the Gull" Insurance Company. a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and attached POy1 "ER Of X11 ORNE]" remains in full force. Signed and Scaled at the City of New York. llso PANO, Co it VIII VIII VIII VIII VIII VIII III SEAL ` Dated the 13th day nr December , ,0 00 pia SGOP [ �i /f AE0658242 *1311228* 8016 -AE 142900, George Bi:mcardi Senior \'ice President RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 AN Boulevard Newport Beach, CA 92663 Recorded in Official Records, County of Orange Gary Granville, Clerk- Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE 20010334833 09.29am 05/24101 114 33 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and A &M Construction of Garden Grove, California, as Contractor, entered into a Contract on November 14, 2000. Said Contract set forth certain improvements, as follows: West Newport Sound Wall Replacement, C -3358 Work on said Contract was completed on April 19, 2001, and was found to be acceptable on May 22, 2001, by the City Council. Title to said property is vested in the Owner, and the Saty fo5gy--id Contract is Gulf Insurance Company. /- LU Q BY .. U r Pub Ic orks Director UJ City of Newport Beach � Q v>- �r o" VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on at Newport Beach, California. BY City Clerk , 0 TO: Mayor and Members of the City Council FROM: Public Works Department May 22, 2001 CITY COUNCIL AGENDA ITEM NO. 9 SUBJECT: WEST NEWPORT SOUND WALL REPLACEMENT, CONTRACT NO 3345 — ACCEPTANCE AND COMPLETION RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. APPRUED 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. 5. Authorize a budget amendment transferring $1,690 from unappropriated Gas Tax Fund balance to Account No. 7181- C5100563. DISCUSSION: On November 14, 2000, the City Council authorized the award of the West Newport Sound Wall Transparent Panel Replacement to A &M Construction of Garden Grove, California. The contract provided for the installation of 12,928 square feet of new sunlight resistant acrylic panels to replace the old polycarbonate panels in the West Newport sound wall. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract costs are as follows: Original bid amount: $186,058.67 Actual amount of bid items constructed: 186,058.67 Total amount of change orders: 10,431.25 Final contract cost: $196,489.92 The contractor's original bid was for $126,768.00 to replace 8500 square feet of panels. However, when the Council met on November 14, 2000, they authorized an increase in the contract amount to cover the cost of replacing all 12,928 square feet of panels. The contract amount was revised to $186,058.67. The final overall construction cost including change orders was 5.56 percent over the revised bid amount. SUBJECT: West Newport SoundAeplacement, Contract No. 3358 - Completion And f1ptance May 22, 2001 Page 2 Two change orders totaling $10,431.25 were issued during the project. They were as follows. The first change order was for $6,000.00 and provided for the drilling of holes in the top corners of each panel and for the installation of steel pins through the holes to secure the new panels to the existing frames. The second change order in the amount of $4,431.25 was for additional work related to the adjustment and securing of the panels in place and for the installation of 85 new post caps on the existing frames. Funds for the project were budgeted in the following accounts: Description W. Coast Hghwy Sound Wall Replacement W. Coast Hghwy Sound Wall Replacement Total Account No, 7181- C5100563 7023- C5100563 Amount $156,689.42 39,800.50 $196,489.92 All work was completed on April 19, 2001, prior to the scheduled completion date of May 23, 2001. ResppCtfully miffed, I., IC WORKS DEPARTMENT Don Webb, Director By: R, R. Gunther, P.E. Construction Engineer Cry of Newport Beach BUDGET AMENDMENT 2000 -01 EFFECT ON BUDGETARY FUND BALANCE: Account Number Division Increase Revenue Estimates Account X Division Increase Expenditure Appropriations . Number Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues X from unappropriated fund balance FXPLANATION- NO. BA- 049 AMOUNT: sl,sso.00 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditure appropriations for the West Newport Sound Wall Replacement Project from unappropriated Gax Tax funds. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 180 3605 REVENUE ESTIMATES (360 1) Fund /Division Account EXPENDITUREAPPROPRIATIONS (3603) Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: Administrative Description Fund Balance Description Description 7181 Gax Tax C5100563 West Coast Highway Sound Wall Replacement Amount Debit Credit $1,690.00 $1,690.00 89.:2 K-'' � �� S= ii -vi al: Administrativ-, Director Date -< . ipro I: City Manager Z Date City Council Approval: City Clerk Date Y Oy of Newport Beach BUDGET AMENDMENT 2000 -01 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Pq Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance NO. BA- 049 AMOUNT: St,s9o.00 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance MAY 22 "PLANAIIUN: Number 1 r ' This budget amendment is requested to provide for the following: To increase expenditure appropriations for the West Newport Sound Wall Replacement Project from unappropriated Gax Tax funds. Number Account ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 180 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: Description Fund Balance Description Description 7181 Gax Tax C5100563 West Coast Highway Sound Wall Replacement na cial pproval: Administrativ n Administrative Appro I: City Manager City Council Approval: City Clerk Amount Debit Credit $1,690.00 $1,690.00 Automaf/c _ S / / —Q Director Date D� Date Date t . 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 31st day of October 2000, at which time such bids shall be opened and read for WEST NEWPORT SOUND WALL TRANSPARENT PANEL REPLACEMENT Title of Project Contract No. 3358 (rev) $ 100,000 Engineer's Estimate 2C! FOR�� cz ved -& Don Webb Public Works Director Prospective bidders may examine existing sound wall plans and a typical post and sill section, and 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. Required Contractor License Classification(s) required for this project: A. B or C -17 For further information, call Lloyd Dalton Project Manager at (949) 644- 3328. 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT SOUND WALL TRANSPARENT PANEL REPLACEMENT CONTRACT NO. 3358 TABLE OF CONTENTS NOTICEINVITING BIDS .......................................................... ............................... Cover INSTRUCTIONSTO BIDDERS ........................................................ ..............................1 BIDDER'S BOND ............................................................................... ..............................3 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................4 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................5 NON - COLLUSION AFFI DAVIT .......................................................... ..............................6 NOTICETO SUCCESSFUL BIDDER ............................................... ..............................7 CONTRACT...................................................................................... ..............................8 LABORAND MATERIALS BOND .................................................... .............................14 FAITHFUL PERFORMANCE BOND ................................................ .............................16 PROPOSAL................................................................................ ............................... PR -1 SPECIALPROVISIONS ............................. ............................................................... SP -1 PAGE 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT SOUND WALL TRANSPARENT PANEL REPLACEMENT CONTRACT NO. 3358 INSTRUCTIONS TO BIDDERS 1. 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. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 0 0 PAGE 2 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. -A57 o-�, � -A � % Contractor's License No. & Classification ,�,- t, r, I C-Grsb��\,kc<ka, Bidder Authorized Signature/Title Date t1C t`V6�Q- i i :cram r rvm- • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT iii CONTRACT NO. 3358 BIDDER'S DOND • PAGE 3 Bid Bond ll AE0658165 Bid Date 10/31/00 We, the undersigned Principal ana Surety, our successors and assigns, executors, heirs and administrators, agree to ne 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 BID AMOUNT Dollars ($ 10E of bid amt). Io be paid and forfeited to Ina City of Newport Beach if the bid proposed of.Nte unuersigneo Principal for the construction of WEST NEWPORT SOUND WALL TRANSPARENT PANEL REPLACEMENT, Contract No. 3358 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 faits to duly enter into and execute the Contract Documents for the construction of the project in Ina 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 snail become null and void. If the undersigned Principal executing this Bono is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surely from its obligations under this Bona. Witness our hands this 27th any of A & M CONSTRUCTION Name of Contractor (Principal) Gulf Insurance Company Name of Surety 40 Baseline Road, Suite 102 Tempe, AZ 85283 Address of Surety 480- 897 -8600 Telephone ' October .2000. Aulnonxed SignaturerTdle Aulhorize" end Signature -- Randy Spohn, Attorney -in -fact, Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) GULF INSURANCE CONY ST. LOUIS, MISSOU POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY .ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. DUPI- ICATES SHALL HAVE THE SAME FORCE AND EFFECT AS AN ORIGINAL ONLY WHEN ISSUED IN CONJUNCTION WITH THE ORIGINAL. KNOWN ALL MEN B}' THFSP. PRF.SF.NTS: Thal the Gult Insurance ('om- pany. a corporation dud+ organized under Ihe lain of the Sent of Mi„uuri. ha, utg i6 pl'ineipal office in the cif, ul In'ing. "Texas, pur,uant nt Ihe f011Uwin_° re,olution, adapted h, the Finance \ Eccuthe Cnmmnlec of the Board A Director, of the ,aid Compact, un the Illth d:rs of AIIGUI,t, 19931. to N1 it ..RhSUI \'FD, that the President F,eanive Vice Prclidem ur an, Senior lice PIVIidall of the Conp,n, ,hall h,nc mnhoril) to make, eutute and deliver a Power of Auorne, con,multn', :n Antoine\ in -Fact Inch person.,. [inns, or corporation, u. ne , he ,elected Irmt time to tints: and any such Atturnev -in -Fun mev, he removed :zed the authunty Grunted limn revoked h, the Pre,ldenl. or rmv Ewcutne Viet: Pre,ident, or aav Senuir Vice Pre,ident, or h, the Board of Direchn'I nr by the Finance and E\ccuti,c Conlnunec of (lie Board ut Director,. RFSOLVED. that nothine in this Po„er of Atorney ,hail hr con,lrucd u, a grant A f authorip' to the atloolc t,l- in -faol to ,ign, c.,eeute. :rcknu,yledge, deliver nl uth- erv,'i,c i„uc a pohc, or politic, o1' in,ur nee on hehalt ul Gull Inurance Compam. RESOLVED. that the wn ature of the Pre.,tdenL E,000ti,e Vice Prelldl'nt or on Senior Vice pre,tdent. and toe Seal III tile Compam mac he allied to aav,uch Power ul' Atmrncv or ant; ccrubclle relating thereto h, h6c,im ile. and am Inch putter, ,I evcancd and certified by firc,imlle ,kr alurc and hic,imile seal had he Valid and hinding upon tilt I- ompuny in the liuure wish re,peet to any bond and document, tel:amg to Inch hond, to xvhich Ihe} are attached:" Gull' h- wranee Compam duel hcrch, make. conIonne and appoint BOND NUMBER AE 0 6* 16 5 NAME,ADDRESS PRINCIPAL: CITY, STATE, ZIP A & M Construction 9693 Hazard Ave. Garden Grove, CA 92844 EFFECTIVE DATE October 31, 2000 CONTRACT AMOUNT $ 100,000.00 (estimated) BOND AMOUNT $ 10% of bid amount - - -- Florence Perry, Randy Spohn, Zara Spohn - - -- it, one and Ian +tul a nmtecl,l -in -fact with full pm,er and authurilp h. rch, cunierreJ m it, nm'Ic, place and ,(Cad. to sign. execute acknowledge and deiver in ih ,,hall. a, and III hood, and undertaking, of ,utrtvInif. and to hind Gulf In,ur,mce Crmpany d,erehv a, fully and to the ,a me extent as if any hood,, undeI- laking, and document, relating to such hoed, and /or undertakin_, were Iigned h, the July authori/ed uiticer nt (he Gult Inwrance Company and all the acts of Iaid aunrnC�l,lon -lust. pur,unnt to the authorip herein given, :re helehy ratified and confirmed. I lie ohligullon nl Ihe Company ,hall not e\ceeol one million i I a100.000i Jnllarl. IN WITNESS N% HEREOF, the Gulf Insurance Cumpanv has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. PnNCF C 11o",` caaonyr � ;q Gf11.F IVSf RANCE CO }IPAN }. � O F ➢ SEAL � C7 STATE OF NE \\ YORK I Lawrence P. }finiter I SS I ? ('Ol' :N' "f}' OF KINGS 1 xeculive Vice President On the 13th day of April, '_Illlll A.D., before me came Lawrence P, lfiniter, known to me personally who being by me duly sworn, did depose and say; that he resides in the (:until of Bergen, Slate of New Jersey; that he is the Executive Vice President of the Gulf Insurance Compam', the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such cor- porate seal; that it was sr, affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. 1 �OTA,9� `r /" L SOY y��x AOBCSG -C � DAVID t Nature Public, State of New w Vork No. 02JA4958634 STATE OF NFW }pRR Qualified in Kings County COUNTY OF NEW YORK I SS Commission Expires December 311, 2001 1, the undersigned, Senior Vice President of the Gulf Insurance Company, a Missouri Corporation, DO HEREBY CERTIFY :hat me foregoing and attached POVr ER OF A`I'T011 remains in full force. Sig VPANCE C Signed and Scaled at the ('ity of New York. N5 0 II VIII VIII VIII VIII VIII VIII III SEAL y d ` Uale the 27th day of October 10 00 MIS S�JP` /67 AE0658165 *1311151* 8016 -AE 14 /211001 George Biancardi Senior Vice President CALIFORNIA ALL — PURPOSE ANOWLEDGMENT State of CALIFORNIA County of ORANGE 0 On /0-,2 -7 " w before me, ZARA SPOHN, NOTARY PUBLIC personally appeared RANDY SPOHN X personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that lie/she/they executed the same in his /her /their ZARA 9, 9POHN t authorized capacity(ies), and that by his /her /their signature(s) on the ,.r; COMM. #1230889 m instrument the person(s), or the entity upon behalf of which the w 3 m Notary Public-California c•california N person(s) acted, executed the instrument ORANGE COUNTY c My Comm. Exp. July 31, 2003 WITNESS my hand and official seal. l',t. Z h S _e�174A_ � Signature of Notary 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 xx ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT 10 0 PAGE 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT SOUND WALL TRANSPARENT PANEL REPLACEMENT CONTRACT NO. 3358 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Subcontract Worl s W I''4'� Subcontractor Address 1. 9U4PUi w1kR[,L. �Aau�.r�.J��QS C� �`Ov tAth_ck � 2. 3. 4. 5. 6. 7. 8. 9. 10. S Bidder OwkkA--_9— 41 • PAGE 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT SOUND WALL TRANSPARENT PANEL REPLACEMENT CONTRACT NO. 3358 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 ¢05 R�15 N tack oG C4e.o 1 / Gov \ 99 9 r�� u aTi v,l ^L L O t= 6tAtor--.L (�4 -0-E5- Bidder 6N Authorized 7. ut Ic 5 M v1AA _ -ttos s �tk— — cat -�3g(o warZ- 0 0 PAGE 6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT SOUND WALL TRANSPARENT PANEL REPLACEMENT CONTRACT NO. 3358 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of ) M Ukpjg o being first duly sworn, deposes and says that he or she is of 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 true and correct. Bidder A- t p'\ ,64;rit LV 6k; Authorized ignature/Title Subscribed and sworn to before me this JL day of cc;'/ - 2000 1 / [SEAL] Notary Public TMACV T. V� O ccr^. �. ORAL- C. :C::TV V Comm. Exp. A- -,.28.2-- � l My Commission Expires: AL - 2 g U O(� 0 PAGE 7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT WEST NEWPORT SOUND WALL TRANSPARENT PANEL REPLACEMENT CONTRACT NO. 3358 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 Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. Certificates of Insurance and additional insured endorsements shall be on the insurance company's forms, fully executed and delivered with the Contract. The Notice to Proceed will not be issued until all contract documents have been received and approved by the City. • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PAGE 8 WEST NEWPORT SOUND WALL TRANSPARENT PANEL REPLACEMENT CONTRACT NO. 3358 CONTRACT THIS AGREEMENT, entered into this 14th day of November, 2000, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and A & M Construction, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: WEST NEWPORT SOUND WALL TRANSPARENT PANEL REPLACEMENT Project Description 3358 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. 3358, Standard Specifications for Public Works Construction (current adopted edition and all supplements) and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. B. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 0 0 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 one hundred twenty-six thousand, seven hundred sixty-eight and 00/100 Dollars ($126,768.00). 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: Lloyd Dalton (949) 644 -3328 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: A & M Construction 9693 Hazard Avenue Garden Grove, CA 92844 Attention: Ahmad S. Mukdad (714) 915 -1223 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 Ll 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 0 PAGE 11 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages City, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, officials, employees and volunteers. iv. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 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. 0 0 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 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. 0 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. CITY CLERK APP V AS TO FORM: CITY ATTORNEY CITY OF NEWPORT BEACH A Municipal Corporation B-_`� Mayor A & M Construction By: \Y aWac2_ Authorized S gnature and Title Dec -13 -00 11:14A i 1 Am P -02 ACMD CERTIF A7E:OF iIABILITY:IN$URA CE DATE(MMIDD/YY) -' -:.... ..: .. DEC 13 00 PRDOUCER C THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION SIGERSETH INSURANCE ASSOCIATES I CCN ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2710 GATEWAY OAKS DR. #115 SOUTH HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR SACRAMENTO CA 95833 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PHONE: 80055 -3400 FAX: 8D0 ,3114144 COMPANIES AFFORDING COVERAGE I COMPANY Agency Lic #: 0839077 A CALIBER ONE INDEMNITY CO. COMPANY A B M CONSTRUCTION IL- B 9693 HAZARD AVENUE _ - - -- - -_ - -- - — -- GARDEN GROVE CA 92840 COMPANY C 1-COMPANY D COVERAGES - - - - - THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. i *a TYPE OF INSURANCE POLICY NUMBER AOMCr EFDE ) PDATE AMMD UN I LIMITS oATCIAmxECIINi 1 OAT[MMmeml LGEN ERAL LIABILITY CGO 0000017 - 01.1957 CO MAR 1 00 MAR 1 01 GENERAL AGGREGATE 2,000,000 X COMMERCIAL GENERAL LIABBJTY f PRODUCTS- COMP IOP AGG. $ 2,000,000 CLAIMS MADE rX OCCUR I � I I PERSONAL 8 ADV INJURY 3 1,000,000 A'I OWNER'S B CONTRACTORS PROT 1 IrEACH OCCURRENCE $ 1,000,000 _ FIRE DAMAGE (Any One Fire) — 50,000 Lsi F,P(A One PerAnn( 1,OD0 UTOMOBILE LIABILITY AUTOMOBILE �— COMBINED SINGLE LIMIT 1 ANY AUTO � AL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS I P. P..q S HIRED AUTOS BODILY INJURY (Per acoaen0 •S NON OWNED AUTOS 1 - — L- -- - -- I PROPERTYDAMAGE �S 4 GARAGE LIABILITY JAUTO ONLY - EA ACCIDENT S ANYAUTO OTHERTHAN AUTO ONLY: EACH ACCIDENT S ..— _— .__. ._ — _.. -- AGGREGATE i_5._. EXCESS LIABILITY EACHOCCURRENCE S 1I UMBRELLA FORM AGGREGATE E OTHER THAN UMBRELLA FORM f WORKERS COMPENSATION AND We STATU OTe - IBA EMPLOYERS'LIABILITY _ -- Todd LIMITS I EACH ACCIDENT S THE ! INCL DISEASE -POL_. LIMIT S PARTNERS/ EXECUTIVE NERSI XECU (OFFICERS ARE EXGL `DISEASE -EACH EMPLOYEE �S 1OTHER: DESCRIPTION OF OPE RAT) 0NSILOCATIONSNEHI CLES /SPECIAL ITEMS SEE SUPPLEMENTAL CERTIFICATE INFORMATION CERTIFICATE HOLDER; CANCELLATION.: 5110UL0 ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION GATE THEREOF, THE ISSUING COMPANY WILL MAIL 3O' DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. PO BOX 1768 AUTHORIZED REPRESENTATIVE NEWPORT BEACH CA 92658 -8915 e, Attention: ACORD 25S (1195) -- CerUBcate i! � 14197------- '.T- '- :' -' -'� �W+F2LE J- .-SIGERSETH --- - - ^ - -- Dec -13 -00 11:15A P -03 SUPPLEMENT TOLERTIFICATE OF LIABILI1TINS #14191 DEC 1300 DESCRIPTION OF OPERATIONSILOCATIONS IVEHICLESlSPECIAL ITEMS RE: WEST NEWPORT SOUND WALL TRANSPARANT PANEL REPLACEMENT. PROJECT MANAGER_ LLOYD DALTON. CITY OF NEWPORT BEACH, ITS OFFICERS, AGENTS, OFFICIALS, EMPLOYEES, AND VOLUNTEERS ARE NAMED ADDITIONAL INSURED WITH RESPECT TO WORK PERFORMED PURSUANT TO OR INCIDENTAL TO THIS CONTRACT PERFORM CG2010 10/93. PRIMARY WORDING APPLIES TO THIS POLICY PER FORM CG2010 10193. CALIBER ONE INDEMNITY COMPANY IS GUARENTEED BY PMA REINSURANCE CORPORATION RATED A -IX BY AM BEST, PER ENDORSEMENT #2 (ATTAHCED). `10 DAYS NOTICE FOR NON - PAYMENT, 30 DAYS ALL OTHER 14191 CONTINUE FROM PREVIOUS PAGE 001 NT #2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, This endorsement, effective 411100 at 12:01 A.M. Standard time, forms a part of Policy Number CGO 0000017.02 issued to California Contractors Network by Caliber One Indemnity Company. This endorsement modifies insurance provided for under the following: Commercial General Liability Coverage Form (Occurrence) PARENTAL GUARANTY ENDORSEMENT It is agreed that PMA Reinsurance Corporation guarantees the performance of Caliber One Indemnity Company's obligations under this policy. PMA Reinsurance Corporation 1735 Market Street, Suite 2800 Dec -13 -00 11:15A • ran POLICY NUMBER: CGO 0000017 -01 -1957 CO COMMERCIAL GENERAL LIABILITY 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 SCHEDULE Name of Person or Organization; CITY OF NEWPORT BEACH, ITS OFFICERS, AGENTS, OFFICIALS, EMPLOYEES, AND VOLUNTEERS 3300 NEWPORT BLVD. PO BOX 1768 NEWPORT BEACH CA 92658 -8915 (If no entry appears above. information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations per- formed for that insured. RE: WEST NEWPORT SOUND WALL TRANSPARANT PANEL REPLACEMENT. PROJECT MANAGER: LLOYD DALTON PRIMARY INSURANCE: IT IS UNDERSTOOD AND AGREED THAT THIS INSURANCE IS PRIMARY AND ANY OTHER INSURANCE MAINTAINED BY THE ADDITIONAL INSUREDS SHALL BE EXCESS ONLY AND NOT CONTRIBUTING WITH THIS INSURANCE. CG 20 10 1093 Copyright. Insurance Services Office, Inc., 1992 Certificate # 14191 AICNI:II. CERTIFICAT01F INSURANCE 0 DATE 100 PRO FARMERS THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Dalatis Insurance Agency License #0768138 (71,j) 956 -2222 Fa>: ('Lt) 956243-1 eim. CA 92804 791 S. BrookhursL • Anaheim. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE ._ OM PANY A FARMERS INSURED A 3 M CONSTRUCTION COMPANY B AHMAD MUKDAD 9693 HAZARD AVE COMPANY GARDEN GROVE, CA 92844 COMPANY D COVERAGES, THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. DO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECT NE PEIIPIRATK)M LIMITS LTR DATE (WAIDDIYYI DATE MONDDIYY) GENERAL LIABILITY ❑ COMMERCIAL GENERALUABILRY LAIMS MADE � OCCUR. GENERAL AGGREGATE S - S - — PRODUCTS- COMP /OP AGG PERSONAL 8 ADV. INJURY $_ g , OWNER'S 8 CONTRACTOR'S PROT. EACH OCCURRENCE ❑ FIRE DAMAGE (Anyone Fire) MED EXP (Any one person) $ " AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT § 1000,000.00 A ANY AUTO 1505 43 43 10126100 10/26101 _ ALL OWN ED AUTOS BODILY INJURY $ ❑ SCHEDULED AUTOS (Per person) ❑ HIRED AUTOS BODILY INJURY (Per accident) $ NON -OWNED AUTOS PROPERTY DAMAGE $ ❑ ..._ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ❑ ANY AUTO OTHER THAN AUTO ONLY. _ ❑ EACH ACCIDENT _ § — AGGREGATE $ EACH OCCURRENCE $ EXCESS UABKRY UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM STATUTORY LIMITS WORKERS COMPENSATION AND EMPLOYERS' LIABILITY EACH ACCIDENT $ DISEASE - POLICY LIMIT § THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE OFFICERS ARE' EXCL LLLL11 DISEASE -EACH EMPLOYEE § OTHER DESCRIPTION OF OPERATK )NSMOCATIONSIVEHK:LESISPECULL ITEMS ADDITONAL INSUREDS: CITY OF NEWPORT BEACH, ITS OFFICERS, AGENTS, OFFICIALS, EMPLOYEES, AND VOLUNTEERS. CERTIFICATE HOLM CANCELLATION CITY OF NEWPORT BEACH SHOULD ANY OF TNG ABOVE WSCRHIEO POLICIES RE CANCIDLEO BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WN1)p�ftrx1'R MAIL PO BOX 1766 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, NEWPORT BEACH, CA 92658 II AUTHOROMDA RR�ES1AEN/T�A�TNE AY ft O 0 »NM\ FPON : )00000000000000000 PHONE NO. : 000000000000400000 DEC. 21 2000 04:10PN P2 ENDORSEMENT This endorsement is pact of the attached policies. It is effective from the start of this policy term unless stated below. (Completed below when added after policy issuance) Effectivedatell/21 /00 policy No. 1505 ea 43 Endorsement No. 10003 Effective Date OL policy No. Endorsement No. Named of Insured A k M (.(IATCTRTTrT -rnTT Additional Premium Included Effective Daml4 1,;1 6 /g0 Auto Policy No c 505 aZ 4 Endorsement No. 10003 Surety/Insurance Company Countersigned By (Authorized Representative) CONTRACTORS LIABILITY POLICY ADDITIONAL INSURED (OWNERS OR CONTRACTORS) Name of Additional insured: CITY OF NEWPORT BEACH PRIMARY AND CONTRIBUT.ORY We agree with YOU that the person of organization shown herein is insured for work performed by or for YOU for this person or organization. We will also insure the acts or omissions of this person or organization for general supervision of this work. The city of Newport Beach, its officers, agents, employees, representatives and volunteers Should this policy be cancelled prior to expiration, the issuing company will mail 30 day notice to the additional insured named above. ENDORSE/0013Y ENDORSEMENT 0 This endorsement is part of the attached policies. It is effective from the start of this policy term unless stated below. (Completed below when added after policy issuance) Effectivedate 12/21/01 policy No. 15054343 Endorsement No. 10003 Effective Date GL policy No. Endorsement No. Namedoflnsured A & M CONSTRUCTION Additional Premium Included Effective Date t /� Auto Policy NotFn5A3d Endorsement No. 10003 Surety/Insurance Company Countersigned By (Authorized Representative) CONTRACTORS LIABILITY POLICY ADDITIONAL INSURED (OWNERS OR CONTRACTORS) Name of Additional insured: We agree with YOU that the person of organization shown herein is insured for work performed by or for YOU for this person or organization. We will also insure the acts or omissions of this person or organization for general supervision of this work. The city of Newport Beach, its officers, agents, employees, representatives and volunteers Should this policy be cancelled prior to expiration, the issuing company will mail 30 day notice to the additional insured named above. ENDORSE /0013Y STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142 -0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE DECEMBER 21, 2000 POLICY NUMBER: CERTIFICATE EXPIRES: CITY OF NEWPORT BEACH ATTN: MR. LLOYD DALTON, PROJECT MGR. 3300 NEWPORT BLVD. NEWPORT BEACH, CA 92663 JOB: WEST NEWPORT SOUND WALL TRANSPARENT PANEL This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer. We will also give you TEN days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. AUTHORIZED REPRESENTATIVE EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: 81,000,000 PER OCCURRENCE. MUKDAD, AHMAD DBA: A 8 M CONSTRUCTION 9693 HAZARD AVENUE GARDEN GROVE, CA 92844 DEC -26 -00 TUE 09:13 AM FAX N0. P. 14/27 E S�CAL-SURANC CERTIFICATE OF INSURANCE CHECKLIST CITY OF NEWPORT BEACH THIS CHECKLIST IS COMPRISED OF REQUIREMENTS AS OUTLINED ABY THE CITY OF NEWPORT BEACH. DATE RECEIVED: /2 2I 0 DEPARTMENT /CONTACT RECEIVED FROM: Swdy" mlb-' DATE COMPLETED:_ 44 SENT TO: SHitU�tlH BY:�� COMPANY/PERSON REQUIRED TO HAVE CERTIFICATE: AAM T UC'- -r101j GENERAL LIABILITY: A. INSURANCE COMPANY: IM418fR OME /IJDEM.0 /Tr B. AM BEST RATING (A VII or greater): jo., vl C. ADhITMD COMPANY: ( Must be California Admitted) Is company 3 dautted in California? Yes_ No D. LIMITS: (Must be S 1.000,000 ar greater) What is limit provided? / — E. PRODUCTS AN-D COMPLETED OPERATIONS: (Must Include) Is it included'? Yes_ No F. ADDITIONAL INSL'RDED WORD IN TO INCLUDE: ( The City its officers, agents. officials. employees and volunteers). L it included'' Yes t/ No G. PRIMARY AND NON CONTRIBUTORY WORDING: (Must be included) Is it included? Yes -No_ H. CAUTION! (Conrum that loss or liability of the Named insured is not limited solely by their negligent.) Does endorsement include "solely by negligence" wording? Yes No r/ 1. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation b, certified maiL per Lauren Farley the City, will accept the endeavor wording. IT. AUTOMOBILE LIABILITY: y A. INSURANCE COMPkNY: P199Mr9 LCR/UI.'F B. A'vl BEST RATING (A VII or greater): jit X C. ADMITTED COMPANY- ( MUST BE CALIFORNIA ADMITTED) Is company admitted? Ycs ✓ No D. LMv TS: (Must: be S 1.000.000 minitnum BI & PD and $500,000 UM) What is limits provided? E. ADDITIONAL INSURED WORDING TO INCLUDE: (The City its officers .agents, officials, emplovees and volunteers). Is it included? Yes ✓ No F. PRIMARY AND NON CONTRIBUTORY WORDING: (Must be included). Is it included? Yes_ No ✓ G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires not iicadon of cancellation b% certified mail: per Lauren Farlcv the City will accept the endeavor wording. M. WORKERS COMPENSATION: A. INSURANCE COMPANY: AjLM B. AM BEST RATING (A VII or greater)__ C. LIMITS: Statutory D. WAVIER OF SUBROGATION: (To include). Is it included? Yes_ No_ HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes No ✓ IF NO, WT-UCH ITEMS NEED TO BE CONIl�LETED? / ND�✓ORlt £1QS' �oAIPENSATIDAJ CITY OF NEWPftT BEACH • O��EWPOR CONTRACT CHANGE ORDER u s a c1ciaoaN`� CONTRACT NO. 3358 PROJECT TITLE: West Newport Sound Wall Transparent Panel Replacement CHANGE ORDER: 1 CONTRACTOR: A &M Construction PAGE: 1 OF 1 ENCUMBRANCE NO .t xxx CCO SUMMARY COST: 60,829.26 ORIGINAL CONTRACT: $126,768.00 CCO TOTAL IN % 47.98% COMPLETION DATE: 60 consecutive working days CHANGE REQUESTED BY: City of Newport Beach CO. TYPE: unit price DESCRIPTION: additional panel replacement are and Add panel replacement such that all 404 polycarbonate panels are replaced. Use bid unit price of $13.737412 per sq. ft. for additional panel replacement. This change order was authorized by the City Council on Nov. 14, 2000. I INCREASE (DECREASE t 60,829.26 IN CONTRACT TIME 0 WORKING DAYS NET CHANGE $ 60,829.26 contractor, have given careful consideration to the change proposed and nereoy agree, is approved, that we will provide all equipment, furnish all material, except as may otherwise be noted above, and perform all services necessary for the above specified work, including field and home office expense and will accept as full payment therefore the prices shown above. ACCEPTED, DATE: l)� L, �( GG'U CONTRACTOR: A &M Construction \ r BY: Lv y � 7 TITLE: L Lti N X12 -- APPROVAL RECOMMENDED: DATE : A lgLt/ PRO ,J& MANAGER APPROVED: DATE : ! X o ✓ ✓O L�^�� C WORKS DIRECTOR CITY OF NEWPORT BEACH P0 CONTRACT CHANGE ORDER o4 10 U � Z C"aC /F00.HP CONTRACT NO. 3358 PROJECT TITLE: West Newport Sound Wall Transparent Panel Replacement CHANGE ORDER: 1 CONTRACTOR: A &M Construction PAGE: 1 OF 1 ENCUMBRANCE NO.: xxx CCO SUMMARY COST: 60,829.26 ORIGINAL CONTRACT: $126,768.00 CCO TOTAL IN O/o 47.98% COMPLETION DATE: 60 consecutive working days CHANGE REQUESTED BY: City of Newport Beach CO. TYPE: unit price DESCRIPTION: additional panel replacement are INCREASE (DECREASE I Add panel replacement such that all 404 polycarbonate panels are replaced. I 60,829.26 ft Use bid unit price of $13.737412 per sq. . for additional panel replacement. This change order was authorized by the City Council on Nov. 14, 2000. IN CONTRACT TIME 0 WORKING DAYS NET CHANGE $ 60,829.26 contractor, have given careful consideration to the change proposed and hereby agree, it this is approved, that we will provide all equipment, furnish all material, except as may otherwise be noted above, and perform all services necessary for the above specified work, including field and home office expense and will accept as full payment therefore the prices shown above. ACCEPTED, DATE: BY: APPROVAL RECOMMENDED: APPROVED: CONTRACTOR: A &M Construction TITLE: a DIRECTOR DATE: ! x o ✓ X50 L,0 %v • • PR1of1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL WEST NEWPORT SOUND WALL TRANSPARENT PANEL REPLACEMENT CONTRACT NO. 3358 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. 3358 in accordance with the 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 l OI AL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilize @ \01O0Q — Dollars and Cents Per Lump Sum 2. 8500 S.F. Remove and replace transparent panels in sound wall @ Dollars and Cents Per Square Foot 3. Lump Sum Provide ten -year warranty @ _Dollars and Cents Per Lump Sum 0 0 PR2of2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE TOTAL PRICE IN WRITTEN WORDS O0a and _Cents ()G�0�w,;a 5\ , Q-000 Date —tom S - 1�4- 9tS- I�Lt,3/� • -1 \q- Bidder's Telephone and Fax Numbers - ls^(aa� A b Bidder's License No(s). and Classification(s) ki b&x,)D" bollars �X-T�C �ltyHT $ M(-0, -:A �6 -- Total Price (Figures) C-0 r� 6�4- kcq -k 6 - �r -�MA-O � • c�t�n�r� ,-, Bidder Bidder's Authonzed Signature and Title 9Lq5 V�-A (J-AY�4D A f a� hE5� Bidder's Address Pik 7254,{- f: \usem\pbw\shared\contracts \fy 00 -01 \west newport sound wall glass replacement c- 3358 \lproposal c- 3358.doc PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS WEST NEWPORT SOUND WALL TRANSPARENT PANEL REPLACEMENT CONTRACT NO. 3358 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 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 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 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access 1 1 1 1 1 1 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 0 0 7 -10.2 Storage of Equipment and Materials in Public Streets 3 7 -10.4 Public Safety 4 7- 10.4.1 Safety Orders 4 7 -10.5 "No Parking" Signs 4 7 -15 CONTRACTOR LICENSES 4 SECTION 9 MEASUREMENT AND PAYMENT 4 9 -3 PAYMENT 4 9 -3.1 General 4 PART 2 - -- CONSTRUCTION MATERIALS SECTION 215 -1 SOUNDS WALL PANELS 5 215 -1 GENERAL 5 215 -1.1 Transparent Panels 5 215 -1.2 Gaskets 5 215 -1.3 Warranty 5 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 5 300 -1 CLEARING AND GRUBBING 5 300 -1.5 Solid Waste Diversion 5 SECTION 313 SOUND WALL PANELS 6 313.1 Removals 6 313.2 Cutting to Size 6 313.3 Handling 6 313.4 Glazing 6 313.5 Cleaning 6 0 9 SP 1 OF 6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS WEST NEWPORT SOUND WALL TRANSPARENT PANEL REPLACEMENT CONTRACT NO. 3358 (rev) INTRODUCTION All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the Plans (none); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition) including Supplements;. and (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 removing and replacing transparent panels from sound walls adjacent to Pacific Coast Highway. The work shall commence at 58`" Street Park and proceed westerly as directed by the Engineer to terminate when project funds are exhausted." 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: SP20F6 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. 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 term "work' as used herein shall include removals, adjustments and replacement of the transparent panels." SP3OF6 6 -7 TIME OF COMPLETION. 6 -7.1 General. Add to this section, "The Contractor shall complete all work under the Contract within 60 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." 6 -7.2 Working Days. Revise 3) to read, "any City holiday, defined as January 1st, 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." 6 -7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 4:30 p.m. Monday through Thursday and 7:00 a.m. to 3:30 p.m. on Fridays. Should the Contractor elect to work later than 4:30 p.m. on weekdays (3:30 p.m. on Fridays) or between 8:00 a.m. and 6:00 p.m. on Saturdays, 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 supplemental inspection costs of $50.00 per hour when such time periods are approved. SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 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 -10 PUBLIC CONVENIENCE AND SAFETY. 7 -10.1 Traffic and Access. Add to this section, "The Contractor shall provide for traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), also published by Building News, Inc." , SP4OF6 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, or sidewalk areas. Portions of the public parking lots located along Seashore Drive may be used for such purposes, subject to the Engineer's prior written approval." 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 forty -eight hours in advance of the need for enforcement. In addition, it shall be the Contractor's 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 -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, General Building Contractor B License, or a Specialty Glazing Contractor C -17 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. 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 proposal 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 0 SP5OF6 incidental items of work not separately listed shall be included in the prices shown for the other related items of work." PART 2 CONSTRUCTION MATERIALS SECTION 215 -- -SOUND WALL PANELS 215 -1 GENERAL 215 -1.1 Transparent Panels. Transparent sound wall panels shall be fabricated from 1/2-inch nominal thickness polycarbonate or acrylic sheet. Polycarbonate sheet shall be Lexan MR10 with Margard II coating as manufactured by General Electric Company or another manufacturer's polycarbonate sheet having equivalent or better impact resistance, loss of light transmission, coating failure, yellowing, tensile strength, flexural strength, modulus of elasticity, and abrasion characteristics than Lexan MR10 with Margard II coating. Acrylic sheet shall be Acrylite 237 as manufactured by CYRO Industries or another manufacturer's acrylic sheet having equivalent or better impact resistance, loss of light transmission, yellowing, tensile strength, flexural strength, modulus of elasticity, and abrasion characteristics than Acrylite 237. If the Contractor desires to use another manufacturer's sheet, he shall submit each of the manufacturer's specifications concerning equivalent or better sheet characteristics to the Engineer for the Engineer's approval prior to ordering the sheet. The Engineer shall be the sole judge as to whether the other manufacturer's sheet complies with what has been specified herein. 215 -1.2 Gaskets and sealants. Gasket and sealant materials shall be compatible for use with the Contractor's sheet material. The Contractor shall submit the sheet manufacturer's written specifications concerning gasket and sealant materials to the Engineer for approval prior to ordering the materials. 215 -1.3 Warranty. Panels shall be warranted in writing by their manufacturer against coating failure (when polycarbonate sheet is used), haze, yellowing and loss of more than seven percent light transmission for at least ten years subsequent to the Engineer's acceptance of the installation. Said warranty shall provide for complete replacement of failed panels without cost to the City for materials and shall bear an original signature of the panel manufacturer's authorized representative. The warranty shall be submitted to the Engineer prior to payment being made for the project. PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK SP6O1`6 300 -1 Clearing and Grubbing. 300 -1.5 Solid Waste Diversion. Existing polycarbonate panels generated from the job site shall be disposed of at a facility that crushes such materials for reuse. The Contractor shall maintain a record of 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 313 -- -SOUND WALL PANELS 313 -1 Removals. The Contractor shall remove existing polycarbonate panels gaskets, sealant, dirt, smog and foreign matter from posts and sills prior to installing new panels. 313 -2 Cutting to Size. The Contractor shall cut new panels to fit field dimensions of the existing sound wall, allowing adequate space for thermal expansion of the panels per the manufacture's written specifications. 313 -3 Handling. The Contractor shall handle sheet materials in a manner that will not mar or damage the panels in any manner. Damaged panels shall be replaced at the Contractor's sole expense prior to acceptance of the project. 313-4 Glazing. The Contractor shall glaze panels to posts and sills with gaskets and sealants that are properly sized to secure the panels to their post and sill frames. The Contractor shall provide all intended fasteners needed to properly reinstall post caps. 313 -5 Cleaning. Upon completion of installation, the Contractor shall clean both sides of the panels per the panel manufacturers written instructions. 4ty of Newport Beach BUDGET AMENDMENT 2000 -01 NO. BA- 013 AMOUNT: Eso,000.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance �X Increase Expenditure Appropriations AND X Decrease in Budgetary Fund Balance Transfer Budget Appropriations No e.fect.on Budgetary Fund Balance SOURCE: from existing budget appropriations from additional estimated revenues NOV J Q from unappropriated fund balance EXPLANATION: APPROVE) This budget amendment is requested to provide for the following: To appropriate $80,000 from the Gas Tax Fund. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 180 3605 REVENUE ESTIMATES (360 1) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description General Fund Balance Description 0 Signed: Director Signed: • V� inistrative Appro : City anager Signed: 1+� ley Council Ap� irk_ V Debit Credit $80,000.00 ' Automut/c $80,000.00 // - -ao- oc) Date 11120 OD D \— ?Jo Date Description Division Number 7181 Gas Tax Account Number C5100563 West Newport Sound Wall Replacement Division Number Account Number Division Number Account Number Division Number Account Number 0 Signed: Director Signed: • V� inistrative Appro : City anager Signed: 1+� ley Council Ap� irk_ V Debit Credit $80,000.00 ' Automut/c $80,000.00 // - -ao- oc) Date 11120 OD D \— ?Jo Date • Sl'f OMUArl- LA r14VS TO: Mayor and Members of the City Council FROM: Public Works Department November 14, 2000 CITY COUNCIL AGENDA ITEM NO. 14 SUBJECT: WEST NEWPORT SOUND WALL TRANSPARENT PANEL REPLACEMENT —AWARD OF CONTRACT NO. 3358 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Authorize a $35,000.00 appropriation from the Gas Tax Fund to Account No. 7181- C5100563. 3. Award Contract No. 3358 to A & M Construction for the Total Bid Price of $126,768.00, and authorize the Mayor and the City Clerk to execute the contract. 4. Establish an amount of $8,232.00 to cover the cost of unforeseen work. DISCUSSION: Due to ultraviolet degradation, the 11 -year old polycarbonate panels in the west Newport sound wall have become opaque. (See attached exhibit for location.) This project provides for replacing approximately two- thirds of the panels. The new panels will be made of an acrylic that is much more resistant to sunlight and is formulated specifically for use in sound walls. The panels will be guaranteed by their manufacturer against noticeable ultraviolet degradation for at least 10 years. At 11 A.M on October 31, 2000, the City Clerk opened and read the following bids for this project: BIDDER Low A & M Construction 2 Hare Enterprises, Inc. 3 Metro Builders TOTAL BID AMOUNT $126,768.00 $155,454.28' $165,295.00 "Corrected Total Bid Amount is $200,454.28 E E Subject: West Newport Sound Wall Transparent Panel Replacement — Award of Contract No. 3356 November 14, 2000 Page: 2 The low total bid amount is approximately 27 percent above the Engineer's Estimate of $100,000. Staff recommends that $35,000 be appropriated from the Gas Tax Fund to provide for award of contract and for unforeseen work. A & M Construction has not performed previous contract work for the City; however, a check with references and the Contractors State License Board indicates that A & M has successfully completed wall projects for other Southern California public agencies and has no pending actions detrimental to their contractor's license. The specifications were prepared Public Works Staff. The contract provides that all work must be completed within 60 consecutive working days after the notice to proceed is issued. Sufficient funds to award the contract are available in the following accounts: Account Description Account Number Amount West Coast Highway Sound Wall Replacement 7023- C5100563 $40,000.00 West Coast Highway Sound Wall Replacement 7181- C5100563 $95,000.00 Funds for replacing the remaining opaque polycarbonate panels will be requested in a future budget year. Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director . , ,'b . Design Engineer Attachment: Project Location Exhibit Bid Summary F- z w w O Q 2 MENIS 1S� Ilya„ D O,yL �y 15� i 1531 15 �7 C O 1s O,y2 9 1s {�3 1S I � 1S 15 �sS 15 4Z O9 OS 15 / 17� V r . ; ; V�" P 0 J O a OV F rZ U W W � ma f- a z a� LLI H W Y Z O W 3: O U V m a qw o � 0 oQ Y O C? Y s V N ? W U � 2 � V U Z w OQ Q U O J 0 m m 3 � w O H N Q L � W O .. 3 Q Z Z W Q U w H mw w w Z Z = O Z o r-Uw a N O a H n 3 c 0 E Q 9 O F- d V a u s 0 *V of Newport Beach BUDGET AMENDMENT 2000 -01 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: • NO. BA- 013 AMOUNT: S3s,000.00 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To aoorooriate $35.000 from the Gas Tax Fund. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 180 3605 REVENUE ESTIMATES (360 1) Fund /Division Account EXPENDITUREAPPROPRIATIONS (3603) Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Administrative Description General Fund Balance Description Description 7181 Gas Tax C5100563 West Newport Sound Wall Replacement Administrative City Manager Signed: City Council Approval: City Clerk Amount Debit Credit $35,000.00 $35,000.00 Aulom tfc Director Date O to Date 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 December 6, 2000 Hare Enterprises, Inc. 2910 Seaboard Lane Long Beach, CA 90805 Gentlemen: Thank you for your courtesy in submitting a bid for the West Newport Sound Wall Transparent Panel Replacement (Contract No. 3358) 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, }� Leilani I. Brown Deputy City Clerk 3300 Newport Boulevard, Newport Beach , 9 0 PAGE 16 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 3360 • . • � FAITHFUL PERFORMANCE BOND The premium charges on this Bond Is $ 7346.00 . being at the rate of $ 20.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to A.D. General Engineering Construction, Inc., hereinafter designated as the 'Principal, a contract for construction of JAMBOREE ROAD ZONE III WATER MAIN REPLACEMENT PROJECT, CAMELBACK STREET TO UNIVERSITY DRIVE, Contract No. 3360 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. 3360 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and injamity Qmrg rf CIA' ifrmiia , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of two hundred sixty -seven thousand, three hundred eleven and 001100 Dollars (:267,311.00), lawful money of the United Stales 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 Pdnclpal, or the Principal's heirs, executors, administrators, successors, or assigns, fall 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 vold, CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 December 6, 2000 Metro Builders & Engineers Group Ltd. 2610 Avon Street, Suite A Newport Beach, CA 92663 Gentlemen: Thank you for your courtesy in submitting a bid for the West Newport Sound Wall Transparent Panel Replacement (Contract No. 3358) 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, Leilani I. Brown Deputy City Clerk 3300 Newport Boulevard, Newport Beach