HomeMy WebLinkAboutC-3420 - 2000-2001 Balboa Island Bayfront Repairs• a
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
LaVonne M. Harkless, CMC
January 22, 2003
Fleming Environmental
6130 Valley View Street
Buena Park, CA 90620 -1030
Subject: 2000 -2001 Balboa Island Bayfront Repairs (C -3420)
To Whom It May Concern:
On January 22, 2002, 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 March 15, 2002. The Surety for the
contract is Travelers Casualty and Surety Company, and the bond number is
83SB103602944BCM. Enclosed is the Faithful Performance Bond.
Sincerely,
LaVonne M. Harkless, CMC
City Clerk
cc: Public Works Department
R. Gunther, Construction Engineer
enclosure
3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915
Telephone: (949) 644 -3005 - Fax (949) 644 -3039 • www.city.newport- beach.ca.us
JUN -21 -2001 THU 11:30 0 • FAX N0. P. 13
PAGE 16
CITY OF NEWPORT BEACH EXECUTED IN 4 COUNTERPARTS
PUBLIC WORKS DEPARTMENT
2000 -2001 BALBOA ISLAND BAYFRONT REPAIRS
CONTRACT NO. 3420
BOND NO.83SB103602944BCM
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ $2,505.00
being at the rate of $ $10.80 thousand of the Contract price.
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, awarded to Fleming Environmental, Inc., hereinafter designated as the 'Principal ", a
contract for construction of 2000 -2001 BALBOA ISLAND BAYFRONT REPAIRS, Contract No.
3420 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications,
and other contract Documents maintained In the Public Works Depai tment ur 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. 3420 and the
terms thereof require the furnishing of a Bond for the faithful performance of the Contract;
NOW, THEREFORE, we, the Principal, and TRAVELERS CASUALTY AND SURETY COMPANY
OF AMERICA ' 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 thirty -one thousand, nine hundred fifty and no/100 Dollars
($231,950.00) lawful money of the United States of America, said sum being equal to 100° of the
estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and
assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's
heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep
and perform any or all the work, covenants, conditions, and agreements in the Contract
Documents and any alteration thereof made as therein provided on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to its true
intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach,
its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the
same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall
become null and void.
JUN -21 -2001 THU 11:30 AM • FAX N0. P, 14
PAGE 17
As a part of the obligation secured hereby, and in addition to the face amount specked in
this Performance Bond, there shall be included costs and reasonable expenses and fees,
including reasonable attorneys fees, incurred by the City, only in the event the City is required to
bring an action in low or equity against Surety to enforce the abligationc of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the work to be performed thereunder or
to the specifications accompanying the same shall in any way affect its obligations on this Bond,
and it does hereby waive notice of any such change, extension of time, alterations or additions of
the Contract or to the work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal in full
force and effect for one (1) year following the date of formal acceptance of the Project by the City.
In the event that the Principal executed this bond as an Individual, it is agreed that the
death of any such Principal shall not exonerate the Surety from its obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named, on the 22ND day of JUNE -12001.
Terry L.Fleming Jr.
Fleming Environmental, Inc. (Principal)
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
Name of Surety
21688 GATEWAY CENTER DRIVE.
DIAMOND BAR, CA 91765
Address of Surety
(909)612 -3000
Telephone
sident
MICHAEL A. QUIGLEY, ATTORNEY -IN -FACT
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
• •
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of
Orange Ss.
On 7/10/01 before me, Jennifer Martin, Notary Public
Dale Name and Title of Officer (e.g., 'Jane Doe, Notary Public')
personally appeared Terry L. Fleming Jr.
® personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is /are
subscribed to the within instrument and
acknowledged to me that he/she /they executed
the same in his /her /their authorized
capacity(ies), and that by his /her /their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
JENNIFER MARTIN k acted, executed the instrument.
ry
COMM #11 M76
NOTARY PUB11C- GWFORNA
ORANGE COUNTY
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My comina. Exp. APd1YL10M N N S m d official seal.
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Place Notary Seal Above I Signa e of Notary Public
OPT/ONAV
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual Top of thumb here
XJ Corporate Officer— Title(s): President
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1999 Nalional Naary A55pLIalAn •9350 De Solo Are.. P.O. Bar 2602 • Clalvi CA 9131a-2W • xwwo.d.miln.t.,org Prod. No. 5907 Reardi UII Too -Free 1-00 nl6 61127
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of ORANGE
On JUNE 22, 2001
Dale
personally appeared _
SS.
before me, M. TREDINNICR, NOTARY PUBLIC
Name and Tthe of ORicer (e.9 .' lane Doa, Notary PuNlcl
MICHAEL A. QUIGLEY
M. TREDINNICK
1 0-10y Common # 1213054
z Notary PubliC— California
Orange County
Comm. Expires Mar 26,2003F
® personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(g) whose name(A) is/aIN
subscribed to the within instrument and
acknowledged to me that he/Sgexecuted
the same in his /b VOM authorized
capacity0M), and that by his /tS
signature(%) on the instrument the person( *, or
the entity upon behalf of which the personCo
acted, executed the instrument.
WITNESS my nd and official al.
Place Notary Seal Abo Slgf Nre of Natary blk
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or.Type of Document:
Document Date: Number of Pages
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual `
Top of thumb here
❑ Corporate Officer— Title(s):
❑ Partner —❑ Limited ❑ General
❑ Attorney in Fad
❑ Trustee
❑ Guardian or Conservator
❑ Other.
Signer Is Representing:
01997 National Notary Assocwton • 9360 Do Salo Ave., P.O. Be. 2402 • Chatsworth, CA 91313-2402 Pmd. No. 5907 Reader: Cab To F. 1- 60041766527
TRAVELO ASUALTY AND SURETY COMPANY OF RICA
AY
TR tLERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183 -9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S) -IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AIAERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies ") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: Michael A. Quigley, of Aliso Viejo, California, their true and lawful Attorney(s) -in -Fact,
with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, or, if the
following line be filled in, within the area there designated
the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other
writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto
and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers
of the Companies, and all the acts of said Attorney(s) -in -Fact, pursuant to the authority herein given, are hereby ratified and
confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any. Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following
Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which
Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof; and any such power o£attomey
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
(8.97)
March 15, 2002
CIRY OF NEWPORAEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
Fleming Environmental
6130 Valley View Street
Buena Park, CA 90620 -1030
Subject: 2000 -2001 Balboa Island Bayfront Repairs (C -3420)
To Whom It May Concern:
On January 22, 2002, 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
February 8, 2002, Reference No. 20020116773. The Surety for the contract is
Travelers Casualty and Surety Company of America, and the bond number is
83SB103602944BCM. Enclosed is the Labor & Materials Payment Bond.
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
LH:cf
cc: Public Works Department
R. Gunther, Construction Engineer
encl.
3300 Newport Boulevard, Newport Beach
JUh-21 -2001 THU 1129 Rh • FRX N0. . P. 11
PAGE 14
CITY OF NEWPORT BEACH EXECUTED IN 4 COUNTERPARTS
PUBLIC WORKS DEPARTMENT
Premium for this bond included
2000 -2001 BALBOA ISLAND BAYFRONT REPAIRS in charge forPerforrnance Bond.
CONTRACT NO. 3420
BOND NO. 83SB103602944BCM
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, has awarded to Fleming Environmental, Inc., hereinafter designated as the `Principal,'
a contract for construction of 2000 -2001 BALBOA ISLAND BAYFRONT REPAIRS, Contract
No. 3420 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications
and other Contract Documents in the office of the Public Works Department of the City of
Newport Beach, all of which are inrxxrnrated herein by this reference.
WHEREAS, Principal has executed or is about to execute Contract No. 3420 and the
terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's
subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon,
for, or about the performance of the work agreed to be done, or for any work or labor done
thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, We the undersigned Principal, and,
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA duly authorized to transact
business under the laws of the State of California, as Surety, (referred to herein as 'Surety') are
held firmly bound unto the City of Newport Beach, in the sum of two hundred thirty -one
thousand, nine hundred fifty and no/100 Dollars ($231,950.00) lawful money of the United
States of America, said sum being equal to 100% of the estimated amount payable by the City of
Newport Beach under the terms of the Contract; for which payment well and truly to be made, we
bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and
severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's
subcontractors, fail to pay for any materials, provisions, or other supplies, implements or
machinery used in, upon, for, or about the performance of the work contracted to be done, or for
any other work or labor thereon of any kind, or for amounts due under the Unemployment
Insurance Code with respect to such work or labor, or for any amounts required to be deducted,
withheld and paid over to the Employment Development Department from the wages of
employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment
Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an
amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce
the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by
the provisions of Section 3250 of the Civil Code of the State of California.
4N�i21 -2001 THU 1130 AM . FAX NO. . P, 12
PAGE 15
The Bond shall inure to the benefit of any and all persons, companies, and corporations
entitled to file claims under Section 3181 of the Califomia Civil Code so as to give a right of action
to them or their assigns in any suit brought upon this Bond, as required by and in accordance with
the provisions of Sections 3247 et. seq. of the Civil Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change, cxtcncion of
time, alterations or additions to the terms of the Contract or to the work to be performed
thereunder or the specifications accompanying the same shall in any wise affect its obligations on
this Bond, and it does hereby waive notice of any such change, extension of time, alterations or
additions to the terms of the Contract or to the work or to the specifications.
In the event that any principal above named executed this Bond as an indmdual, it is
agreed that the death of any such principal shall not exonerate the Surety from its obligations
under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above named
Principal and Surety, on the 22ND day of JUNE 2001.
Terry L. Fleming Jr.
Fleming Environmental, Inc. (Principal)
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
Name of Surety
21688 GATEWAY CENTER DR.
DIAMOND BAR, CA 91765
Address of Surety
(909)612 -3000
Telephone
ent
iY
MICHAEL A. QUIGLEY, ATTORNEY -IN -FACT
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
0 0
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
J
Orange } ss.
County of
On 7/10/01 before me, Jennifer Martin, Notary Public
Date Name aml Title of Offim (e.g., 'Jane Doe. Ndery Pullrrc )
personally appeared Terry L. Fleming Jr.
M personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he /she /they executed
the same in his/her /their authorized
capacity(ies), and that by his /her /their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
�NUw 1 Mrav
acted, executed the instrument.
coMKKnm»
rarAarueuGCwroMM W SS my hand and official seal. y-
nrcw trlwM�n 1714 G �
%ace Ndary Seal Abwe Sig ' at Ndary Put`
OPTION
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and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
CI Individual
£tJ Corporate Officer— Title(s): President
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
• Trustee
• Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
RIGHT TH U�M H RR
OF SIG ER
0 1999 Ne1bnalNWry�-a Oa 9d ". P.O. ftxN •Ceab ,CA9191S2W -w nadonaka"d9 NaeRW Cal 7W. 14001ffmfi r'
E
0
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of
I ss.
On JUNE 22, 2001 —,before me, M. TREDINNICR, NOTARY PUBLIC
pale Name and TVb of OMOw (0.9- -Jam Dee. Notary PulAW)
personally appeared MICHAEL A. QUIGLEY
M. TREDINNICK
t Commission x 1213C54
2 �s
0NO'Ofy PubiiC — California i
Orange County
My COMM. Expires Mar 26, 2003
W personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(i) whose name(l) We=
subscribed to the within instrument and
acknowledged to me that heexecuted
the same in his /bml:ttM authorized
capacity0M), and that by hisINODUNICK
signature(S) on the instrument the person(so, or
the entity upon behalf of which the person=
acted, executed the instrument.
WITNESS my T and offi is 1.
N. Z , _, 17L
Plena Notary seal Above I Sqwbve N6h" Pud
OPTIONAL
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and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
E
Corporate Officer — Title(s): ,
Partner —❑ Limited ❑ General
Attorney in Fad
Trustee
Guardian or Conservator
Other.- - - --
Signer Is Representing:
Number of Pages:
Of SI;,.`.cf2
0 199r Natlavl Notay AmodaWn • 9350 De solo Are.. P.O. Sox 2102 • Cl*Wmra,. CA 91313.2402 Pmd. No. 5997 Rewaar. ca Ta4Pme 1-000 -37" r
TRAVELE SUALTY AND SURETY COMPANY OF ZICA
TRA cLERS CASUALTY AND SURETY COMPAi
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06133 -9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S) -IN -FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AIMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARIIINiGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath trade, constituted and appointed, and do by these
presents make, constitute and appoint: Michael A. Quigley, of Aliso Viejo, California, their true and lawful Attorney(s) -in -Fact,
with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, or, if the
following line be filled in, within the area there designated
the following instntment(s): by his/her sole signature and act, any and all bonds, recogn zances, contracts of indemnity, and other
writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto
and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers
of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and
confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any-Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys -in -Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may pre=ibe
to sign with the Company's name and seal with the Company's seal bonds, recognizanms, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attomeys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following
Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which
Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice Presid®t, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached
(8-M
RECORDING REerila= EMEMID
WHEN RECORDED RETURN TO:
0 A c f
2 FES 19
City Clerk � :03
City of Newport Beach
3300 New rd
Newport BBea � Q BBB CITY CLERK(
7l Y Cr NEWPORT BEAN
Recorded in Official Records, county of orange
Gary Granville, Clerk- Recorder
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIIIIIIIIIIIIIIIiIIIIIIiINO FEE
20020116113 04.30pm 02108102
118 4 N12 1
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
"Exempt =coding 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 Fleming Environmental, Inc. of Buena
Park, California, as Contractor, entered into a Contract on June 26, 2001. Said Contract
set forth certain improvements, as follows:
2000 -2001 Balboa Island Bayfront Repairs,
C -3420
Work on said Contract was completed on December 14, 2001, and was found to be
acceptable on January 22, 2002, by the City Council. Title to said property is vested in
the Owner, and the Surety for said Contract is Travelers Casualty and Surety Company of
America. /
M
of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed on
LOW
City Clerk
, at Newport Beach, California.
1i
CITY OF NE`�TPORT BEACH
January 23, 2002
OFFICE OF THE CITY" CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
Orange County Recorder
P. O. Box 238
Santa Ana, CA 92702
RE: Notice of Completion for 16th Street, Marguerite Avenue, Shorecliff Road,
and Corona del Mar Library Parking Lot Rehabilitation (C -3393)
Notice of Completion for Ford Road Rehabilitation — Jamboree Road to
MacArthur Boulevard (C -3407)
Notice of Completion for Traffic Signal Installation and Upgrades 2001 -
2002(C -3419)
Notice of Completion for 2000 -2001 Balboa Island Bayfront Repairs (C-
3420)
Please record the enclosed documents and return it to the City Clerk's Office.
Thank you.
Sincerely,
dd
LaVonne M. Harkless, CMC /AAE
City Clerk
Enclosures
3300 Newport Boulevard, Newport Beach
0 0
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
"Exempt from recording fees
pursuant to Govemment Code Section 6103"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard,
Newport Beach, California, 92663, as Owner, and Macadee Electrical of Chino Hills,
California, as Contractor, entered into a Contract on June 26, 2001. Said Contract set
forth certain improvements, as follows:
Traffic Signal Installations and Upgrades 2001 -2002,
C -3419
Work on said Contract was completed on January 4, 2002, and was found to be
acceptable on January 22. 2002, by the City Council. Title to said property is vested in
the Owner, and the Surety for said Contract is Great American Insurance Company.
Public Works Director
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed on
/ u�, vt oZ3�paOO a at Newport Beach, California.
BYV
City Clerk
0
JAN z 2 2002
TO: Mayor and Members of the City Council
FROM: Public Works Department
January 22, 2002
CITY COUNCIL AGENDA
ITEM NO. 14
SUBJECT: 2000 -2001 BALBOA ISLAND BAYFRONT REPAIRS, CONTRACT NO
3420 — COMPLETION AND ACCEPTANCE
RECOMMENDATIONS:
1. Accept the work.
2. Authorize the City Clerk to file a Notice of Completion.
3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the
Notice of Completion has been recorded in accordance with applicable portions of
the Civil Code.
4. Release the Faithful Performance Bond 1 year after Council acceptance.
DISCUSSION:
On June 26, 2001, the City Council authorized the award of the 2000 -2001 Balboa
Island Bayfront Repairs contract to Fleming Environmental, Inc., of Buena Park,
California. The contract provided the construction of new concrete sidewalks for
surface drainage toward the public bulkhead, area drains, and 6 -inch diameter PVC
drain pipes at five locations to intercept and convey the surface runoff into the nearby
street end catch basins. The contract has now been completed to the satisfaction of
the Public Works Department. A summary of the contract cost is as follows:
Original bid amount: $231,950.00
Actual amount of bid items constructed: 213,131.80
Total amount of change orders: 17,782.13
Final contract cost: $230,913.93
The decrease in the amount of actual bid items constructed below the original bid
amount was due to the decreased quantity of bulkhead PCC patchback required. The
final overall construction cost, including change orders, was 0.45 percent under the
original bid amount.
One change order in the amount of $17,782.13 provided for additional sidewalk
removals, storm drainpipe, excavation of concrete slurry subgrade, provision of fill sand,
and miscellaneous extra work.
SUBJECT' 2000 -2001 Balboa island yfront Repairs, Contract No. 3420 - Completion An�ceptance
January 22, 2002
Page 2
Funds for the project were expended in the following accounts:
Description Account No.
Amount
Balboa Island Bridge/Walkway Improvements 7013- C5100506
$ 131,213.00
Balboa Island Bayfront Repairs 7231- C5100314
99,700.93
Total
$ 230,913.93
The original scheduled completion date was November 16, 2001. Due to the additional
work, the completion date was extended to December 14, 2001. All work was completed
by the revised completion date.
Respectfully submitted,
PUBLIC WORKS DEPARTMENT
Stephen G. Badum, Director
By: �<' tGt tti
R. Gunther, P.E.
Construction Engineer
CITY OF NEWPORT BEACH CITY CLERK
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 11:30 a.m. on the 13th day of June 2001,
at which time such bids shall be opened and read for
2000 -2001 BALBOA ISLAND BAYFRONT REPAIRS
Title of Project
Contract No. 3420
$288,000
Engineer's Estimate
Approved bjy� J
Don Webb
Public Works Director
Prospective bidders may obtain one set of bid documents at no cost
at the office of the Public Works Department, 3300 Newport
Boulevard, P. O. Box 1768, Newport Beach, CA 92658 -8915.
Required Contractor License Classification(s) required for this
project. A
For further information, call Fong Tse. Prolect Manager at (949) 644- 3340
l i � •
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
2000 -2001 BALBOA ISLAND BAYFRONT REPAIRS
CONTRACT NO. 3420
TABLE OF CONTENTS
NOTICE INVITING BIDS .......................................................... ............................... Cover
INSTRUCTIONS TO BIDDERS ........................................................ ..............................1
BIDDER'S BOND ............................................................................... ..............................3
DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................4
TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................5
NON - COLLUSION AFFIDAVIT .......... .. ... ... ............. _ ..... ..... .............. ___ ........... .......... ..6
NOTICE TO SUCCESSFUL BIDDER ............................................... ..............................7
CONTRACT...................................................................................... ..............................8
LABOR AND MATERIALS BOND .................................................... .............................14
FAITHFUL PERFORMANCE BOND ................................................ .............................16
PROPOSAL................................................................................ ............................... PR -1
SPECIAL PROVISIONS ................................................................. ...........................SP -1
s • •
PAGE 1
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
2000 -2001 BALBOA ISLAND BAYFRONT REPAIRS
CONTRACT NO. 3420
INSTRUCTIONS TO BIDDERS
The following documents shall be completed, executed and received by the City Clerk in
accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND
DESIGNATION OF SUBCONTRACTORS
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON - COLLUSION AFFIDAVIT
PROPOSAL
2. Cash, certified check or cashiers 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.
r •
L
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.
License #746017 M acc A HAZ
Contractor's License No. & Classification
Fleming Environmental Inc.
Bidder
OVA
V-0—M
.June 13, 2001
Date
JUX -04 -2001 MON 10:08 AM • FAX NO. • F. 02
PAGE 3
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
2000 -2001 BALBOA ISLAND t3AYf RONT REPAIRS
CONTRACT NO, 3420
BIDDER'S BOND
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be jointly and severally held and firmly bound to the City of
Newport Beach, a charter city, in the principal SUM of TEN PERCENT OF THE AMOUNT OF THE
ACCOMPANYING BID Dollars ($10% OF BID ), to be paid and forfeited to the City
of Newport Beach if the bid proposal of the undersigned Principal for the construction of Z000-
2001 BALBOA ISLAND BAYFRONT REPAIRS, Contract No. 3420 in the City of Newport
Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract
is awarded to the Principal, and the Principal fails to duty enter into and execute the Contract
Documents for the construction of the project in the form required within ten days (10) (not
including Saturday, Sunday, and federal holidays) after the date of the mailing of Notice of
Award; otherwise this obligation shall become null and void.
If the undersigned Principal executing this Bond is executing this Bond as an individual,
it is agreed that the death of any such Principal shall not exonerate the Surety from its
oblig.-itions under this Bond.
Witness our hands this _ 7TH day of JUNE , 2001.
FLEMING ENVIRONMENTAL, INC. J -
Name of Contractor (Principal) UthofiZ naturelTlU e>rerry L. Fleming Jr.
resident
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
Name of Surety Aut orized Agent Sidftw
21688 GATEWAY CENTER DR.
DIAMOND BAR, CA 91765
Address of Surety
(909)612 -3647
Tetephone
MICHAEL A. QUIGLEY, ATTORNEY -IN -FACT
Print Name and Title
(Notary acknowledgment of Principal & Surety must be attached)
r
State of California
County of Orange
On 6/11/01 before me, Jennifer Martin, Notary Public
IDATEI INAMERITLE OF OFFICER i.e.'JANE DOE, NOTARY PUBLIC -)
personally appeared Terry L.Fleming Jr.
(NAMEISI OF SIGNERISN
0 personally known to me -OR- ❑
ix JENNIFER MARTIN
COMM. #1177376 D
N� s; NOTARY PUBLIC- CAUEORFSA p
Q ORANGE CWNTT N
Fry mm
Co. &P April 22.2002
(SEAL)
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
helshe /they executed the
same in his /her /their
authorized capacity(ies),
and that by his /her /their
signature(s) on the
instrument the person(s),
or the entity upon behalf
of which the person(s)
acted, executed the
instrument.
Witness my hand and official seal.
ATTENTION NOTARY
The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any
unauthorized document.
THIS CERTIFICATE
Tale or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT
Number of Pages Date of Document
DESCRIBED AT RIGHT:
Signerls) Other Than Named Above
WOLCOTTS FORM 03439 Ray. 3 -0a Imice clan B -4A) (01994 WOLCOTT$ FORMS, INC.
ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYAIEPRESENTATION
CAPACITY CLAIMED BY SIGNERIS)
❑INDIVIDUALIST
X)CORPORATE President
OFFICERISI
OPARTNER(S) ❑LIMITED
OGENERAL
❑ATTORNEY IN FACT
OTAUSTEEIST
OGUARDIANfCONSERV ATOR
SIGNER IS REPRESENTING:
IName of Person(s) or Entitylies)
eming Environmental Inc
CAPACITY CLAIMED BY BIGNERIS)
❑INDIVIDUALIST
❑CORPORATE
OFFICERISI
mTlEm
OPARTNERISI ❑LIMITED
OGENERAL
OATTORNEY IN FACT
OTRUSTEE(SI
O GUARDIANICONSER V ATOR
SIGNER IS REPRESENTING:
(Name, of Personls) or Entitylies)
7 1 607 1 111 P I ;,
9
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of
ORANGE
I ss.
0
On JUNE 7, 2001 before me, M. TREDINNICK, NOTARY PUBLIC
Date Name and Title or Officer (e.g., "Jame Doe, Notary Public)
personally appeared MICHAEL A. QUIGLEY
Name(s) of Signor(s)
® personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(i) whose name(']€) is/a=
subscribed to the within instrument and
M. TREDINNICK I acknowledged to me that helECexecuted
Commission # 1213054 5 the same in his /b authorized
ototy Puo'.fc— California
P%' a ca aci y
Orange County p tyt78B), and that b his/bODOMM
Comm. Expires Mor 26.2003 signature(i) on the instrument the person(!*, or
the entity upon behalf of which the personN$
acted, executed the instrument.
WITNESS my and and official /eal ,
,l, i
Place Notary Seal Above Sighature of Notary Pudic
OPTIONAL
Though the information below is not required by law, R may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner —0 Limited ❑ General
C Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
R77 T—H7,, PRINT
OF SIGNER
01997 National Notery Assoclatlon • 9350 De Soto Aw., P.O. Box 2402 • Chatsworth, CA 9131 3-2402 Pmd. No. 5907 Reorder Call ToiWom 1. 800.878 -6827
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAj&. RSCASUALTY AND SURETY COMPAN* SC
JFUZ , GTON CASUALTY COMPANY
Hartford, Connecticut 06183 -9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S) -IN -FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies ") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: Michael A. Quigley, of Aliso Viejo, California, their true and lawful Attorney(s) -in -Fact,
with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, or, if the
following line be filled in, within the area there designated
the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other
writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto
and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers
of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and
confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any. Vice Pregdent, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attomeys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following
Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which
Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in -Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power ofattomey
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached
(8'97)
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9
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this inn.+,,.+ent to be
signed by their Senior Vice President, and their corporate seals to be hereto affixed this 15th day of May, 2000.
STATE OF CONNECTICUT
}SS. Hartford
COUNTY OF HARTFORD
,p �D e��ttY �Na� owgu��j
CONK. c !
�``t . t��c 1j.`y • FAD
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
By
George W. Thompson
Senior Vice President
On this 15th day of May, 2000 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly
sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals
affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by
authority of his/her office under the Standing Resolutions thereof.
G�
My commission expires June 30, 2001 Notary Public
Marie C. Tetreault
CERTIFICATE
1, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority
remain n in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set
forth in the Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 7TH day of.
JUNE 12001.
4smo,; ' J��tr µa •L ? � ^8U4��
,{ Li i NIRfFOIi, < d 2�' O
By
Kori M.Johanson
Assistant Secretary, Bond
0 0
PAGE 4
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
2000 -2001 BALBOA ISLAND BAYFRONT REPAIRS
CONTRACT NO. 3420
DESIGNATION OF SUBCONTRACTOR(S)
State law requires the listing of all subcontractors who will perform work in an amount in
excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the
Contractor represents that he /she is fully qualified to and will be responsible for performing that
portion of the work. Substitution of subcontractors shall be made only in accordance with State
law and /or the Standard Specifications for Public Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted
for any monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the following
subcontractors have been used in formulating the bid for the project and that these subcontractors
will be used subject to the approval of the Engineer and in accordance with State law. No
changes may be made in these subcontractors except with prior approval of the City of Newport
Beach.
Subcontract Work � A Subcontractor Address
2.
3.
4.
5.
6.
7.
8.
9.
10.
Fleming Environmental Inc. ✓�,p%���`
Bidder orrZe /Title resident
PAGE 5
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
2000 -2001 BALBOA ISLAND BAYFRONT REPAIRS
CONTRACT NO. 3420
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
The undersigned submits herewith a statement of the work of similar character to that
proposed herein which he /she has performed and successfully completed.
Year Project Person Telephone
Completed Name /Agency To Contact Number
SEE ATTACHED REFERENCES
Fleming Environmental Inc.
Bidder ori7e ignature/Title president
0 a
FLEMING ENVIRONMENTAL INC.
SHEAHOMES 9/00 - ONGOING
P.O. BOX 1509 BIJAN FARAHANI (805) 431 -3688
BREA, CA. 92822 -1509
MONT CALABASAS, CALABASAS
PHASE I $76,589.00
PHASE II $59,840.00
PHASE 111 $186,041.25
PHASE IV $324,894.00
PHASE V $617,658.00
CITY OF POMONA 01 /01 - ONGOING
505 S. GAREY AVE. RICHARD DIMALANTA (909) 620 -2252
POMONA, CA. 91769
CONST. OF POWERS PARK
$210,660.00
WEST COAST UTILITY SERVICES DOUG APPLY (8 18) 764 -8800
7724 FULTON AVE.
N. HOLLYWOOD, CA. 91605
UTILITY CONSULTANT
JANA CONTRACTING TOM SKALLA (714) 632 -1899
1460 RED GUM
ANAHEIM, CA. 92806
DRY UTILITIES: VARIOUS PROJECTS
COUNTY OF SAN DIEGO 6/98-11/98
5555 OVERLAND AVE., BLDG. 11 ERIC NELSON (858) 495 -5288
SAN DIEGO, CA. 92123 -1290
CONTRACT #43769, CONSTRUCTION OF
FUEL FACILITIES $370,709.00
CITY OF LOS ANGELES 2/99-7/99
650 S. SPRING ST., SUITE 600 DENNIS WONG (213) 847 -4032
LOS ANGELES, CA. 90014
CONTRACT #C- 97393, FUEL STORAGE TANKS &.
DISPENSING SYSTEM $319,507.00
CITY OF CHINO 6/00-10/00
13220 CENTRAL AVE. BRIAN LEE (909) 464 -8317
CHINO, CA. 91710
CHAFFEY COLLEGE PARKING LOT
IMPROVEMENT $99,459.00
CITY OF OXNARD 8 /00 - ONGOING
305 WEST THIRD ST. MAR OLOSAN (805) 385 -7840
OXNARD, CA. 93030
EXTENDED PARKING LOT FOR OXNARD
TRANSPORTATION CENTER $211,039.00
I
11• oJ�IeLI2.iIv[e;
99 E. RAMSEY ST.
BANNING, CA. 92220
PROJECT #1997 -07, JOINT USE FUELING
STATION $334,431.00
0
7/98-11/98
JOHN MIDDLETON (909) 922 -3130
COUNTY OF LOS ANGELES 7/98-6/99
DEPT. OF PUBLIC WORKS JOLENE GUERRERO (626) 458 -3137
900 S. FREMONT AVE.
ALHAMBRA, CA. 91803 -1331
UNDERGROUND STORAGE TANK COMPLIANCE
PROGRAM - GROUP 3 WORK $886,765.51
CITY OF MANHATTAN BEACH 12/98-3/99
1400 HIGHLAND AVE. ED KAO (310) 545 -5621 X375
MANHATTAN BEACH, CA. 90266
FUEL TANK REMOVALS AND REPLACEMENTS
$295,079.00
NORTH COUNTY TRANSIT DISTRICT 8/98- 10/98
810 MISSION AVE. TOM TRAVER (760) 967 -2841
OCEANSIDE, CA. 92054
IFB #9825 REPLACEMENT OF UNDERGROUND
STORAGE TANKS, PHASE I $104,893.00
CITY OF SAN DIEGO 11198-3199
1010 SECOND AVE., SUITE 500 TED OLSON (619) 573 -1266
MAIL STATION #1103 A
SAN DIEGO, CA. 92101
VEHICLE FUEL STORAGE & DISPENSING
FACILITY $539,441.00
CITY OF FOUNTAIN VALLEY 12/98-2/99
10200 SLATER AVE. BOB CALLISON (714) 5934433
FOUNTAIN VALLEY, CA. 92708
REMOVAL OF UNDERGROUND FUEL STORAGE
TANKS $109,800.00
CITY OF MONROVIA 5/98-8/98
415 S. IVY AVE. DENNIS SHIFLET (626) 932 -5541
MONROVIA, CA. 91016 -2888
CENTRALIZED FUELING SITE
$184,789.00
L.A. COUNTY SANITATION DISTRICTS
P.O. BOX 4998
WHITTIER, CA. 906074998
SAN JOSE WATER RECLAMATION 2/99-7/99
CONTRACT #3609 $145,267.00 ABDUL EDOUNI (626) 962 -8605
LOS COYOTES WATER RECLAMATION 2/99-8/99
CONTRACT #3608 $182,758.00 PHILIP KANG (310) 638 -1161
JOINT WATER POLLUTION CONTROL PLANT 2/99-1/00
CONTRACT #3622 $198,075.00 PHILIP KANG (310) 638 -1161
SOUTH GATE TRANSFER STATION
CONTRACT #3619 $241,914.00
RIALTO UNIFIED SCHOOL DISTRICT
260 S. WILLOW AVE.
RIALTO, CA. 92376 -6304
U/G TANK REPLACEMENT $336,017.77
CITY OF RIALTO
249 S. WILLOW
RIALTO, CA. 92376 -6304
U/G TANK REPLACEMENT $222,252.86
CITY OF BALDWIN PARK
14403 EAST PACIFIC AVE.
BALDWIN PARK, CA. 91706
INSTALLATION OF CLARIFIER AND
APPURENANCES $34,474.00
2/99-1/00
PHILIP KANG (310) 638 -1161
6/99-2/00
ALEX IRSHAID (909) 734 -3400
7199-2/00
ALEX IRSHAID (909) 734 -3400
6/99-7/99
WENDY HARRIS (626) 813 -5241
CITY OF ORANGE 8/99-2/00
300 EAST CHAPMAN AVE. FRANK SUN (714) 744 -5569
ORANGE, CA. 92866
GRADING AND EXCAVATING FOR GENERAL SITE
IMPROVEMENTS FIRE STATION #8 $403,064.18
CITY OF PALM SPRINGS 10/99 -12/99
P.O. BOX 2743 TOM CARTWRIGHT (760) 323 -8204
PALM SPRINGS, CA. 92263 -2743
RUTH HARDY PARK & SUNRISE PARK PLAYGROUND
RENOVATIONS, CP97 -34, A4142 $146,691.00
APPLE VALLEY UNIFIED SCHOOL DISTRICT 10/99-1/00
22974 BEAR VALLEY DEBRA REYNOLDS (760) 247 -8001 EXT 340
APPLE VALLEY, CA. 92308
PLAYGROUND RENOVATION FOR DESERT KNOLLS,
MARIANA AND MOJAVE SCHOOLS $181,645.40
LA COUNTY DEPT. OF PUBLIC WORKS
P.O. BOX 1460
ALHAMBRA, CA. 91802 -1460
INSTALLATION OF A STORMCEPTOR AT
WESTCHESTER YARD $46,553.00
COUNTY SANITATION DISTRICT NO. 2
OF LOS ANGELES COUNTY
1965 S. WORKMAN MILL RD.
WHITTIER, CA. 90601
CARSON UPGRADE
$49,912.00
CARSON TOTAL ENERGY FACILITIES
$38,069.20
SAUGUSUPGRADE
$45,000.00
2/00-3/00
ALLEN UDE (626) 458 -4953
12/99-1/00
FRANCES GARRETT (562) 699 -7411 X3508
12/99-1/00
FRANCES GARRETT (562) 699 -7411 X3508
12/99-1/00
FRANCES GARRETT (562) 699 -7411 X3508
0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
0
2000 -2001 BALBOA ISLAND BAYFRONT REPAIRS
CONTRACT NO. 3420
NON - COLLUSION AFFIDAVIT
State of California )
) ss.
County of Orange )
PAGE 6
Terry L. Fleming, Jr. being first duly swom, deposes and says that he or she is
President of Fleming Environnental Inc. , the party making the
foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the bid is genuine and not
collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of,
or on behalf of, any undisclosed person, partnership, company, association, organization, or
corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or
indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or
indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham
bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of
the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of
that of any other bidder, or to secure any advantage against the public body awarding the contract
of anyone interested in the proposed contract; that all statements contained in the bid are true;
and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any
breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or
paid, and will not pay, any fee to any corporation, partnership, company association, organization,
bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury of the laws of the State of California that the foregoing is true
and correct.
Fleming Environmental Inc.
Bidder ut orize President
Subscribed and swore tQ before me this 13thday of June 2001.
[SEAL]
My Commission Expires: April 22, 2002
ORANGE COLWM
Nr Comm. EXP, April 12.100!
• •
PAGE 7
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
2000 -2001 BALBOA ISLAND BAYFRONT REPAIRS
CONTRACT NO. 3420
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.
E
PAGE 8
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
2000 -2001 BALBOA ISLAND BAYFRONT REPAIRS
CONTRACT NO. 3420
CONTRACT
THIS AGREEMENT, entered into this _ day of , 2001, by and between the CITY OF
NEWPORT BEACH, hereinafter "City," and Fleming Environmental, Inc., hereinafter
"Contractor," is made with reference to the following facts:
WHEREAS, City has advertised for bids for the following described public work:
2000 -2001 BALBOA ISLAND BAYFRONT REPAIRS
Project Description
3420
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. 3420, 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.
lJ
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 two hundred thirty-one thousand, nine
hundred fifty and no /100 Dollars ($231,950.00).
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 specked 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: Fong Tse
(949) 644 -3340
F. LABOR CODE 3700 LIABILITY INSURANCE
hereby certifies:
CONTRACTOR
Fleming Environmental
6130 Valley View Street
Buena Park, CA 90620 -1030
714 - 228 -0935
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
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 1173) 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.
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 •
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
PAGE 13
J. CONFLICT If there is a conflict between provisions of this Contract and any other
Contract Document, the provisions of this Contract shall prevail.
K. WAIVER A waiver by City or any term, covenant, or condition in the Contract
Documents shall not be deemed to be a waiver of any subsequent breach of the same or
any other term, covenant or condition.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day
and year first written above.
ATTEST:
APPROVED AS TO FORM-
\
I)a R9Q
CITY ATTORNEY
CITY OF NEWPORT BEACH
A Municipal Corporation
By. i—a„ t ez.�.
Garold B. Adams, Mayor
FLEMING ENVIRONMENTAL, INC.
By: J
ut itle
Terry L. Fleming Jr. President
ACORD. CERTIFICAT OF LIABILITY
INSUR CE 'k 0� 07,03 001
PRODUCER (800) 73S -1187 FAX (5 4 -1131
Employers of Excellence Insurance Services
EmEx Insurance Services * Llc#OC88S71
425 W. 7th St. Suite 210 * P.O. Box 252
Hanford, CA 93232
THIS CERTIFICATE IS ISWD AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURED F eming Environmental Inc
6130 Valley View St.
Buena Park, CA 90620
INSURER A: Villanova Insurance Company
I INSURER B:
INSURER C:
INSURER D:
NSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SU131ECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
L R
TYPE OF INSURANCE
POLICY NUMBER
DATE ( E
DATE MIND RATION
LIMITS
3300 Newport Blvd.
GENERAL LIABILITY
Newport Beach, CA 92658 -8915
AUTHORIZED REPRESENTATIV
EACH OCCURRENCE
$
FIRE DAMAGE (Any One tire)
$
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE D OCCUR
MED EXP(Any me Person)
$
PERSONAL A ADV INJURY
$
GENERAL AGGREGATE
$
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMPIOP AGO
$
POLICY PRO LOC
JECT
AUTOMOBILE
LIABILITY
ANY AUTO
COMBINED SINGLE LIMIT
(Ea eceWenp
$
BODILY INJURY
(Per person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per amicient)
$
HIRED AUTOS
NON -OWNED AUTOS
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
S
OTHER THAN EA ACC
$
ANY AUTO
$
AUTO ONLY: AGG
EXCESS LIABILITY
EACH OCCURRENCE
$
OCCUR FI CLAIMS MADE
AGGREGATE
$
S
$
DEDUCTIBLE
$
RETENTION $
WORKERS COMPENSATION AND
31921172
05/01/2001
05/01/2002
X TORYUMITS ER
A
EMPLOYERS' LIABILITY
E.L. EACH ACCIDENT
$ 1,000,00
E.L. DISEASE m EA EMPLOYEE
$ 1,000,00
E.L. DISEASE - POLICY LIMIT
$ 1,000,00
OTHER
EHrSPECwLPRDY1sKx+s
AIIVER OF SUBROGATION IN EFFECT 7/10 01 - S %1%0
CERTIFICATE HOLDER —T I AW1MONAUNSUREO:INSURER LETTER: CANCELLATION
ACORD 25S (7/97) 1 CAAAA— CV"ORPORATION 1988
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Newport Beach
Public Works Department
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
Administrative Assistant
DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
PO BOX 1765
BUT FAILURE TO MAIL SUCH NOTICE ALL IMPOSE NO OB 111019614 OR LIABILITY
3300 Newport Blvd.
OF AMY KIND UPON THE COMP ITS OR REPOfEftES
Newport Beach, CA 92658 -8915
AUTHORIZED REPRESENTATIV
Kristen K tonen
ACORD 25S (7/97) 1 CAAAA— CV"ORPORATION 1988
FT .F.MF.NV
ACORD,. CERTIFICAWE OF INSURANCE DATE IMMID
06/22/0/0 1
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Armstrong /Robitaille Insurance Svc
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P.O. Box 34009
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Fullerton, CA 92834 -9409
COMPANIES AFFORDING COVERAGE
714 -578 -7054 FAX 714 -578 -7489
- -� ° - -- —�_�
COMPANY
ALumberman's Mutual Casualty Co.
- - - - -- - — �_._.�
INSURED
FLEMING ENVIRONMENTAL, INC.
-1 - - - -- — - -- -- -----
j COMPANY
COMPANY
i BHartford Fire Insurance Co.
6130 Valley View Street
- -- - —�— - - -- -
Buena Park CA 90620
'
COMPANY
National Union Fire Ins. Co. of_PA___
COMPANY
D
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW
HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY
HAVE BEEN REDUCED BY PAID CLAIMS.
_
CO TYPE OF INSURANCE
LTR ! TYPE PODGY NUMBER
POLICYEFFECTIVE PO
LIMITS'
DATE(MM /DDIYYATE(MLVDO/YY)
A I GENERAL LIABILITY 4LS000562
09/01/99 109/
GENERAL AGGREGATE
f2 000. 000_
X ;COMMERCIAL GENERAL LIABILITY
_
PRODUCTS COMP /OP AGG
fl O O O O 0 0
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B ' AU TOMOBILELIABILITY 72UUNGJ0508
09/01/00 09/01/01 II
X ANY AUTO
COMBINED SINGLE LIMIT
s1,000,000
.. ALL OWNED AUTOS
BODILY INJURY
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(Pe person)
X HIRED AUTOS
--
BODILY INJURY —I.—
—-
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OTHERTHAN AUTO ONLY'.
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C EXCESS LIABILITY BE7402354
09/01/00 09/01 /01 EACH OCCURRENCE
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X I UMBRELLA FORM
i !AGGREGATE - ._ _— $4�
-000,000
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WORKERS COMPENSATION AND �
j ,[STATUTORY LIMITS
I —
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_ J
IEACH ACCIDENT
$
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1 DISEASE- POLICY LIMIT
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DESCRIPTION OF OPERATION S /LOCATONSIVEHICLES/SPECIAL ITEMS
30 -DAY NOTICE OF CANCELLATION EXCEPT
10 DAYS FOR NON - PAYMENT OF PREMIUM
RE: 2000 -2001 Balboa Island Bayfront
Repairs Contract No. 3420
(See Attached Schedule.)
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City Of Newport Beach, Public
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDp[OMM;M
Works Department
-40_ DAYS WRITTEN NOTICE TOTHE CERTmATE HOLDER NAMED TO THE LEFT,
3300 Newport Blvd.
»aManasmxtswrssxa[aarrmctwcwxxx
Newport Beach, CA 92658 -8915
m
AUTHORIZEDRE SE
ACORD_25S (3/93) of 2 #M1146852
., CgL '' Q ACORD:CORP,ORATION 1893
DESOMPTIONS (Continued from lee 1.) 1
City of Newport Beach, its officers,
additional insureds. This insurance
available to the additional insured
Of
empoyees and volunteers are named as
is primary and any other insurance
shall be excess and non - contributory.
• •
POLICY NUMBER: 4LS000562 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEESS or
CONTRACTORS [FORM B]
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
City of Newport Beach, Public
Works Department
3300 Newport Blvd.
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 work" for that insured by or for you.
30 -DAY NOTICE OF CANCELLATION EXCEPT 10 DAYS FOR NON - PAYMENT
OF PREMIUM RE: 2000 -2001 Balboa Island Bayfront Repairs
Contract No. 3420 City of Newport Beach, its officers,
empoyees and volunteers are named as additional insureds.
This insurance is primary and any other insurance available
to the additional insured shall be excess and non - contributory.
CG 20 10 11 85
JUL -24 -2001 TUE 11 28 AM FAX N0.
KCAL- SURANCE
CERTIFICATE OF INSURANCE
CHECKLIST
CITY OF NEWPORT BEACH
THIS CHECKLIST IS COMPRISED OF REQUIREMENTS AS OUTLINED ABY THE CITY OF NEWPORT
BEACH.
P. 16/27
DATE RECEIVED: O � DEPARTMENT /CONTACT RECEIVED FROM: 9MAIA DYWR
DATE COMPLETED: o O SENT TO: BHAUA/� BY: dG Jiq
COMPANY/PERSON REQUIRED TO HAVE CERTIFICATE: FLJCM/ E1V�%�;�jIUMEAlIRG
GENERAL LIABILITY:
A. INSURANCE COMPANY: L S L y CO
B. AM BEST RATING (A VII or greater): A.'OKV _
C. ADMITTED COMPANY: ( Must be California Admitted) Is company aed in California? Yes_ No_
D. LIMITS: (Must be $1,000,000 or greater) What is limit provided? 3F4,O gOOO
E. PRODUCTS AND COMPLETED OPERATIONS: (Must Include) Is it included? Yes_ b,r No
F. ADDITIONAL INSURDED WORDINp TO INCLUDE: ( The City its officers, agents, offt s, employees and
volunteers). Is it included'? Yes_ No
G, PRIMARY AND NON CONTRIBUTORY WORDING: (Must be included) Is it included? Yes ✓ No
H. CAUTION! ( Confirnt that loss or liability of the Named insured is not limited solely by their negligence.)
Does endorsement include "solely by negligence" wording? Yes No_k!::�L
I. NOTIFICATION OF CANCELLATION: Although these is a provision that requires notification of cancellation by
certified mail; per Lauren Farley the City will accept the endeavor wording.
II. AUTOMOBILE LIABILITY
A. INSURANCE COMPANY: /Al • 60-
S. AM BEST RATING (A VII or Sreatery._
C. ADMITTED COMPANY: ( MUST BE CALIFORNIA ADMITTED) Is company admitted? Yes ✓ No
D. LIMITS: ( Must be $ 1.000,000 minimum BI & PD and S500,000 UM) What is limits provided? , dGY/. D0-
E. ADDITIONAL INSURED WORDING TO INCLUDE: (The City its officers ,agents, officials, employees and
volunteers). Is it included? Yes ✓ No_
F. PRIMARY AND NON CONTRIBUTORY WORDING: (Must be included). Is it included? Yes ✓ No
G. NOT1F ICATION OF CANCELLATION: Although there is a provision that requires nodficadon of cancellation by
certified mail: per Lauren Farley the City will accept the endeavor wording.
M. WORKERS COMPENSATION
A. INSURANCE COMPANY: WiAA1Qa INGUMWQ
B. AM BEST RATING (A VII or greater) : Ix
C. LIMITS: Statutory
D. WAVIER OF SUBROGATION: (To include). Is it included? Yes ✓ No— .—
HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes_kl No
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
PR 1 of 2
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
2000 -2001 BALBOA ISLAND BAYFRONT REPAIRS
CONTRACT NO. 3402
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. 3402 in accord with the
Plans and Special Provisions, and will take in full payment therefore the following unit
prices for the work, complete in place, to wit:
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
1. Lump Sum Mobilization (�
@ _k/D,� oll
and
VLd Cents
Per Lump Sum
2. Lump Sum Traffic Contr��((77]]I
@lam /1. 1. /a Dollars
and
40 Cents
Per Lump Sum
3. 24,000 S. F. Reconstruct Minimum 4" Thick PCC
Sidewalk
@ Four Dollars
and
ninety Cents
Per Square Foot
;. i `I.,
$ 4.90 $ 117,600.00
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ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
4. 1, 600 L. F. Furnish and Install 6" PVC Pipe
@ Nineteen Dollars
no and
$ 19.00 $ 30,400.00
Cents
Per Linear Foot
5. 13 Each Furnish and Install Area Drain
@ Six hundrad fi frTD011ars
and
no Cents $ 650.00 $ 8,450.00
Per Each
6. 12 Each Adjust Existing Electrical Pull Box
and Cover to Finished Grade
@ Two thousand Dollars
and
A 0 Cents $ 2,000.00 $ 24,000.00
Per Each
7. 3,000 L. F. Bulkhead PCC Patchback
@ Three Dollars
and
fifty Cents $ 3.50 $ in 00 -00
Per Linear Foot
TOTAL PRICE IN WRITTEN WORDS
and 4D Cents
June 13, 2001
Date
(714) 228 -0935 Fax (714) 228 -9231
Bidders Telephone and Fax Numbers
License #746017 Class A HAZ
Bidder's License NO(S).
and Classification(s)
Total Price (Figures)
Flemin
Bidder
i : P -4 dent
ddel's ignature and Title
6130 Valley View Street
Buena Park, CA 90620 -1030
Bidder's Address
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PUBLIC WORKS DEPARTMENT
INDEX
FOR
SPECIAL PROVISIONS
2000 -2001 BALBOA ISLAND BAYFRONT REPAIRS
CONTRACT NO. 3420
INTRODUCTION
PART 1 - -- GENERAL PROVISIONS
SECTION 2
SCOPE AND CONTROL OF THE WORK
2 -6
WORK TO BE DONE
2 -9
SURVEYING
2 -9.3
Survey Service
2 -9.6
Survey Monuments
SECTION 3
CHANGES IN WORK
3 -3
EXTRA WORK
3 -3.2
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 -7
TIME OF COMPLETION
6 -7.1
General
6 -7.2
Working Days
6 -7.4
Working Hours
6 -9
LIQUIDATED DAMAGES
SECTION 7
RESPONSIBILITIES OF THE CONTRACTOR
7 -8
PROJECT SITE MAINTENANCE
7 -8.5
Temporary Light, Power and Water
7 -8.6
Water Pollution Control
1
1
1
1
2
2
2
2
2
2
2
2
2
F:
3
3
4
4
4
4
4
4
5
0 0
7 -9
PROTECTION AND RESTORATION OF
EXISTING IMPROVEMENTS
5
7 -10
PUBLIC CONVENIENCE AND SAFETY
5
7 -10.1
Traffic and Access
5
7 -10.2
Storage of Equipment and Materials in Public Streets
5
7 -10.3
Street Closures, Detours, Barricades
5
7 -10.4
Public Safety
6
7- 10.4.1
Safety Orders
6
7 -10.5
"No Parking" Signs
6
7 -10.7
Notice to Residents
6
7 -15
CONTRACTOR LICENSES
7
7 -16
CONTRACTOR'S RECORDSIAS BUILT DRAWINGS
7
SECTION 9
MEASUREMENT AND PAYMENT
7
9 -3
PAYMENT
7
9 -3.1
General
7
PART 2--- CONSTRUCTION MATERIALS
SECTION 201
CONCRETE, MORTAR, AND RELATED MATERIALS
8
201 -1
PORTLAND CEMENT CONCRETE
8
201 -1.1
Requirements
8
201 -1.1.1
General
9
201 -5
CEMENT MORTAR
9
201 -5.6
Quick Setting Grout
9
SECTION 209
ELECTRICAL COMPONENTS
9
209 -2
MATERIALS
9
209 -2.5
Pull Box
9
209 -2.6
Connectors
9
209 -2.7
Coating
9
SECTION 215
AREA DRAINS
9
215 -1
General
9
PART 3--- CONSTRUCTION METHODS
SECTION 300
EARTHWORK
10
300 -1
CLEARING AND GRUBBING
10
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300 -1.3
Removal and Disposal of Materials
10
300 -1.3.1
General
10
300 -1.3.2
Requirements
10
300 -1.5
Solid Waste Diversion
10
SECTION 306
UNDERGROUND CONDUIT CONSTRUCTION
11
306 -9
UNDERGROUND UTILITIES
11
306 -9.1
General
11
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• • SP OF 11
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
2000 -2001 BALBOA ISLAND BAYFRONT REPAIRS
CONTRACT NO. 3420
INTRODUCTION
All work necessary for the completion of this contract shall be done in accord with (1)
Plan No. R- 5761 -S; (2) these Special Provisions; (3) the City's Standard Special
Provisions and Standard Drawings for Public Works Construction (1994 Edition),
including Supplements; (4) Standard Specifications for Public Works Construction
(1997 Edition), including Supplements; and (5) the Work Area Traffic Control
Handbook, (1996 Edition).
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: distribute construction notices to nearby residents; remove
and dispose of existing PCC walkways; construct walkway drains; backfill and compact
native sand bedding; reconstruct P.C.C. sidewalk; adjust existing street light pull box
and cover to finished grade; adjust existing storm drain manhole frame and cover to
finished grade; PCC bulkhead patchback; restore existing improvements damaged by
the work; and complete other incidental items of work."
2 -9 SURVEYING
2 -9.3 Survey Service. Add to this section, "The Engineer will provide construction
staking as required to construct the improvements. Any additional stakes or any re-
staking or costs thereof shall be the responsibility of the Contractor. The Contractor
• • SP2OF11
shall notify the City in writing two working days in advance of the time that the stakes
are needed."
2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work,
inspect the project for existing survey monuments and protect them during construction
operations. In the event that existing survey monuments are removed or otherwise
disturbed during the course of work, the Contractor shall have the affected survey
monuments restored per records, at his expense. The Contractor's Engineer or
Licensed Surveyor shall also file the required Corner Records with the County of
Orange upon monument restoration.
SECTION 3-- CHANGES IN WORK
3 -3 EXTRA WORK
3 -3.2 Payment
3 -3.2.3 Markup. Replace this section with,
"(a) Work by Contractor. The following percentages shall be added to the
Contractor's costs and shall constitute the markup for all overhead and profits:
1) Labor ............. ............................... 20
2) Materials ........ ............................... 15
3) Equipment Rental ........................... 15
4) Other Items and Expenditures ........... 15
To the sum of the costs and markups provided for in this subsection, 1 percent
shall be added for compensation for bonding.
(b) Work by Subcontractor. When all or any part of the extra work is
performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be
applied to the Subcontractor's actual cost of such work. A markup of 10 percent
on the first $5,000 of the subcontracted portion of the extra work and a markup
of 5 percent on work added in excess of $5,000 of the subcontracted portion of
the extra work may be added by the Contractor.
This Section only applies to work in excess of the estimated quantities shown in
the Proposal."
SECTION 4 - -- CONTROL OF MATERIALS
4 -1 MATERIALS AND WORKMANSHIP
4 -1.3 Inspection Requirements
4 -1.3.4 Inspection and Testing. All material and articles furnished by the
Contractor shall be subject to rigid inspection, and no material or article shall be used in
the work until it has been inspected and accepted by the Engineer. The Contractor
• • SP 3 OF 11
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, "Working days shall commence on September 10, 2001. All work shall be
completed by November 16, 2001. Additionally, the Contractor shall not work at more
than two work sites at the same time.
The Contractor shall furnish City with certificates of insurance with original
endorsements effecting coverage required by this contract (Section G) to the City for
processing and approval prior to City permitting any work on site to commence.
No work shall begin until a schedule of work has been approved by the Engineer. The
Contractor shall submit a construction schedule to the Engineer for approval a minimum
of five working days prior to commencing any work. Schedule may be bar chart or CPM
style.
The Engineer will review the schedule and may require the Contractor to modify the
schedule to conform to the requirements of the Contract Documents. If work falls behind
the approved schedule, the Contractor shall be prohibited from starting additional work
until he has exerted extra effort to meet his original schedule and has demonstrated that
he will be able to maintain his approved schedule in the future. Such stoppages of work
shall in no way relieve the Contractor from his overall time of completion requirement, nor
shall it be constructed as the basis for payment of extra work because additional
personnel and equipment were required on the job."
6 -7 TIME OF COMPLETION
6 -7.1 General. Add to this section, "The Contractor shall complete all work within
forty -five (45) consecutive working days from the first day of work. This schedule shall
have included the processing of contract, bonds and insurance documents.
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."
0 • SP 4 OF 11
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 8:00 a.m. to 4:30 P.M.
Monday through Friday. No work shall be performed on weekends.
Should the Contractor elect to work outside normal working hours, he must first obtain
special permission from the Engineer. The request may be for 4:30 P.M. to 6:30 P.M.
on weekdays. 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.
6 -9 LIQUIDATED DAMAGES. Revise sentence three to read, "For each consecutive
calendar day after the forty five consecutive working days specified for completion of
the work, the time specified for completion of Work, whichever occurs first, as adjusted
in accordance with subsection 6 -6, the Contractor shall pay to the City or have withheld
from moneys due it, the daily sum of $500.
Revise paragraph two, sentence one, to read, "Execution of the Contract shall
constitute agreement by the Agency and Contractor that $500 per day is the minimum
value of the costs and actual damage caused by the failure of the Contractor to
complete the Work within the allotted time."
The intent of this section is to emphasize to the Contractor the importance of
prosecuting the work in an orderly preplanned continuous sequence so as to minimize
the disruption time to the public.
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 City water for the work, he shall arrange for a meter and tender a $1,500
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.
The City does not have any electrical power hook -up points in close proximity to the
Work. The Contractor shall make arrangements for the utilities that he will need for
completing the work."
• • SP 5 OF 11
7-8.6 Water Pollution Control. Add to this section, "Surface runoff water
containing mud, silt or other deleterious material due to the construction of this project
shall be treated by filtration or retention in settling basin(s) sufficient to prevent such
material from migrating into any catch basin, Newport Harbor, the Bay, or the ocean."
7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. Replace
the first sentence of the second paragraph with, 'The Contractor shall repair, restore, or
reconstruct all existing public and private improvements disturbed or damaged by the
Work which are not designated for removal. Such restoration work may include, but not
limited to, private utility lines under the existing sidewalk between the property line and
the bulkhead, mail boxes, turf, plants and planters, shrubs, electrical components,
fences, brick and brick pavers, concrete, painting of various surfaces, ornaments and
other decorative items, property corners, etc."
Add to this Section, 'The Contractor is advised to keep photographic records of the
existing work site condition prior to the start of any construction work."
7 -10 PUBLIC CONVENIENCE AND SAFETY
7 -10.1 Traffic and Access. Add to this section, 'The Contractor shall provide
traffic control and access in accord with Section 7 -10 of the Standard Specifications
and the Work Area Traffic Control Handbook (WATCH) also published by Building
News, Inc."
7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first
paragraph and add the following: "Construction materials shall not be stored in streets,
roads, or sidewalk areas. However, construction materials and equipment may be
staged at the street ends adjacent to the work site during work hours only."
7 -10.3 Street Closures, Detours and Barricades. Add to this section 'The
Contractor shall prepare a traffic controlipedestrian detour plan (Plan) in accordance
with the Standard Specifications and WATCH. The Contractor will be responsible for
processing and obtaining approval of the Plan from the Engineer. Such Plan shall have
included the following items:
1. The sidewalk may be closed continuously only during concrete curing operations.
2. The Contractor shall ramp each end of the work site whenever the sidewalk is open
and a "step- down" condition exists between the removed sidewalk and the existing
sidewalk.
3. The existing sidewalk to be reconstructed under this Contract is on a scenic route
used by a significant number of residents and visitors during daylight and early
evening hours. No sidewalk shall be closed during weekends or holiday(s).
• • SP 6 OF 11
4. The Contractor shall detour all pedestrians to use the alley ends and street ends
adjacent to the project limits while the sidewalk is closed.
5. The Contractor shall barricade the existing bulkhead adjacent to the work so as to
discourage the public from walking on top of the bulkhead to bypass the pedestrian
detour barricades.
6. The Contractor shall provide continuous access for the occupants of the adjacent
properties to reach their private docks.
7. All pedestrian detour barricades used during the hours of darkness shall be either
lighted or be equipped with battery powered operational flashing beacons."
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 -10.7 Notices to Residents. Ten working days prior to starting work, the
Contractor shall deliver a 4 '/4' x 8 '' /Y" construction notice to the adjacent residents
within 500 feet of the project, describing the project and indicating the limits of
construction. The City will provide the notice. Forty -eight hours before the start of any
construction, the Contractor shall distribute to the adjacent residents a written notice
stating when construction operations will start and what disruptions may occur and
approximately when construction will be complete. An interruption of work at any
• SP7OF11
location in excess of 14 calendar days shall require re- notification. The written notices
will be prepared by the Engineer. The Contractor shall insert the applicable dates and
times when the notices are distributed. Errors in distribution, false starts, acts of God,
strikes or other alterations of the schedule will require Contractor re- notification using
an explanatory letter furnished by the Engineer.
In addition, during the course of the project, the Contractor may be required to provide
a second written notification to the residents within the specific work area, when work
will be occurring adjacent to their residence. The Contractor shall insert the applicable
dates and times when the notices are distributed.
7 -15 CONTRACTOR'S LICENSES. At the time of Award and until completion of work,
the Contractor shall possess a General Engineering Contractor "A" License.
From the start and until the completion of work, the Contractor and each sub - contractor
shall possess a valid Business License issued by the City of Newport Beach.
7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of
approved plans and specifications shall be on the job site at all times. In addition, the
Contractor shall maintain "As- Built" drawings of all work as the job progresses. A
separate set of drawings shall be maintained for this purpose. These drawings shall be
up -to -date and submitted to the Engineer at the time each progress bill is submitted.
Upon completion of the project, the Contractor shall provide "As- Built" corrections upon
a copy of the Plans. The "As- Built" correction plans shall be submitted to the Engineer
prior to final payment or release of any bonds.
The Contractor shall maintain books, records, and documents in accord with generally
accepted accounting principles and practices. These books, records, and documents
shall be retained for at least three years after the date of completion of the project.
During this time, the material shall be made available to the Engineer. Suitable facilities
are to be provided for access, inspection, and copying of this material.
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, equipment, and doing all the work required to
complete the work in place and no other compensation will be allowed thereafter.
Payment for incidental items of work not separately listed shall be included in the prices
shown for the other related items of work. The following items of work pertain to the bid
items included within the Proposal:
- • SP 8 OF 11
Item No. 1 Mobilization: Work under this Item shall include all preparation and
scheduling of materials and equipment necessary to complete the Work.
Item No. 2 Traffic Control: Work under this Item shall include providing the required
traffic control including, but not limited to, preparation of traffic control plans, temporary
installation of traffic control devices, flag persons, distribution of notices to nearby
residents, and all other work necessary to comply with the WATCH and the City of
Newport Beach requirements.
Item No. 3 Reconstruct Minimum 4" Thick P.C.C. Sidewalk: Work under this Item
shall include the costs of all labor, materials, and equipment for sawcuts, removals,
disposal, native sand bedding and backfill (or extra thick concrete section),
compaction, replacement of newly placed concrete sidewalk that has been damaged by
vandalism during non -work hours, and to complete all other work items as required to
complete the Work in place.
Item No. 4 Furnish and Install 6" PVC Pipe: Work under this Item shall include the
costs of all labor, materials, and equipment for trench excavations, core drill existing
manhole /catch basin, removals, shoring, storm drain pipe, pipe sleeves and elbows,
backfill, backfill compaction, disposal, connections, and to complete all other work items
as required to complete the Work in place.
Item No. 5 Furnish and Install Area Drain: Work under this Item shall include the
costs of all labor, materials, and equipment for removals, disposal, area drain, pipe
sleeves and elbows, drain /pipe connection, backfill, backfill compaction, flow tests, and
to complete all other work items as required to complete the Work in place.
Item No. 6 Adjust Existing Electrical Pull Box and Cover to Finished Grade: Work
under this Item shall include the cost of removing existing and installing new pull box
and cover; intercept existing conduit and splice new conductors of same size, type, and
insulation color to existing; reconnecting the existing street light wirings within the pull
boxes and all other items as required to complete the Work in place per CNB Standard
Plans.
Item No. 7 Bulkhead PCC Patchback: Work under this Item shall include the cost of
cleaning the surfaces to be patched, forming, finishing, and all other items as required
to complete the Work in place.
PART 2
CONSTRUCTION MATERIALS
SECTION 201 --- CONCRETE, MORTAR, AND RELATED MATERIALS
201 -1 PORTLAND CEMENT CONCRETE
201 -1.1 Requirements
• • SP 9 OF 11
201 -1.1.1 General. Add to this Section, "All portland cement concrete used on the
work shall be 560 -C -3250. However, to expedite concrete curing, the Contractor may
use a quick -cure type of concrete with a mix design as follows:
Slump: 3" to 4"
Aggregates: 1" maximum
W/C ratio: 0.40
Sack content: 7.50
Cement:
700 pounds per cubic yard
Fly Ash:
None
Sand:
1,365 pounds per cubic yard
Water:
34.0 gallons per cubic yard
Entrapped air:
1.25%
Admixture
WRDA 79: 35 ounces per cubic yard"
201 -5 CEMENT MORTAR
201 -5.6 Quick Setting Grout. Add to this section, "The Contractor shall grout the
joint area between an existing reinforced concrete structure and the new storm drain
pipe with a quick setting grout."
SECTION 209 - -- ELECTRICAL COMPONENTS
209 -2 MATERIALS
209 -2.5 Pull Box. All replacement pull boxes used for this project shall be Eisel
Enterprises #3 -1/2F concrete pull box (E35FPB) complete with an Armorcast Products
20K traffic cover (A6001922SMT- Electric).
209 -2.6 Connectors. All connectors used for this project shall be T &B #2D -8
or an appropriate -sized C -Tap.
209 -2.7 Coating. All electrical coating material used for this project shall be
Scotch #23, #33, and /or Scotchkote.
SECTION 215 -- -AREA DRAINS
215 -1 General. All area drains installed for this Work shall be of solid brass
construction and be similar in dimensions to Alhambra Foundry Company product
number A -338 or approved equal.
0 0 SP10OF11
PART 3
CONSTRUCTION METHODS
SECTION 300 - -- EARTHWORK
300 -1 CLEARING AND GRUBBING
300 -1.3 Removal and Disposal of Materials
300 -1.3.1 General. Replace this Section with, "All unsalvageable removed
material shall become the property of the Contractor and be disposed of at the
Contractor's expense in a manner and at a location acceptable to the cognizant
agencies. All removal and disposal costs shall be included in the unit price bid for that
item of work.
Excess native sand not reused for backfill shall be disposed of off -site. No excess sand
shall be returned to the beach adjacent to the Work.
The Contractor shall either 1) apply for and obtain a no -fee solid waste self -haul permit
from the City's Business License office, or 2) subcontract with a private solid waste
hauler already permitted to operate within the City.
Unless otherwise specified elsewhere in this contract, non - reinforced concrete
generated from the job sites shall be disposed of at a facility which crushes such
materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed
of at a sanitary landfill.
The Contractor shall not dispose of any interfering private improvements within and /or
adjacent to the work limits. All existing private improvements removed or damaged by
the Contractor to facilitate the work shall be rebuilt to their condition prior to the work.
In case of errant disposal of existing private improvements, the Contractor shall furnish
all replacement materials and labor at his own costs to restore the affected
improvements to their condition prior to the damage.
300 -1.3.2 Requirements
(c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley
Intersections. Replace the first sentence of this Section with, "Saw cuts shall be neatly
made to a minimum of two (2) inches." and replace the words 1 '/z inch" of the last
sentence with the words 'two (2) inches."
300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes
generated from the job site shall be disposed of at a facility that crushes such materials
for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a
sanitary landfill.
The Contractor shall maintain monthly tonnage records of total solid wastes generated
and solid wastes disposed of at a sanitary landfill. The Contractor shall report said
0 411 SP 11 OF 11
tonnage monthly to the Engineer on a form provided by the Engineer and provide
appropriate confirmation documentation from the recycling facility.
SECTION 306 ... UNDERGROUND CONDUIT CONSTRUCTION
306 -9 UNDERGROUND UTILITIES
306 -9.1 General. The Contractor shall uncover all existing underground seawall
tie -backs and private utilities within the Work limits prior to storm drain installation.
The Contractor is advised to keep photographic records of the existing underground
seawall tie -backs and private utilities for future reference.
F: \Users \PBW \Shared \Contracts \FY 00- 01\2000 -2001 BALBOA ISLAND BAYFRONT REPAIRS \SPECS C- 3420.doc
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June 26, 2001
CITY COUNCIL AGENDA
APPROVED ... ITEM NO. 14
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: BALBOA ISLAND BAYFRONT REPAIRS - AWARD OF CONTRACT NO.
3420
RECOMMENDATIONS:
1. Approve the plans and specifications.
2. Award Contract No. 3420 to Fleming Environmental, Inc., for the Total Bid Price
of $231,950, and authorize the Mayor and the City Clerk to execute the contract.
3. Establish an amount of $23,000 to cover the cost of testing and unforeseen work.
DISCUSSION:
At 11:30 A.M on June 13, 2001, the City Clerk opened and read the following bids for
this project:
BIDDER
Low Fleming Environmental, Inc.
2 GCI Construction, Inc.
3 Damon Construction Company
4 4 -Con Engineering
5 JDC, Inc.
TOTAL BID AMOUNT
$ 231,950
$ 264,850
$ 276,500
$ 281,300
$ 284,200
The low total bid amount is nineteen percent below the Engineer's Estimate of
$288,000. The low bidder, Fleming Environmental, Inc., possesses a General
Engineering "A" contractor's license as required by the project specifications. Fleming
Environmental has satisfactorily completed concrete improvements for other agencies.
The existing Bayfront concrete sidewalks that surround Balboa Island and Little Balboa
Island were built approximately seventy -five years ago. Some of these concrete panels
have displaced to the extent that they pond water after rains and 'Wash- downs" by the
adjacent residents.
Staff and the Balboa Island Improvements Association have identified and prioritized the
locations where reconstruction is needed (see attached Location Map). In addition to
constructing new concrete sidewalk for surface drainage toward the public bulkhead,
Subject: Balboa Island Bayfront — Award of Contract No. 3420
June 26, 2001
Page: 2
area drains and 6 -inch diameter PVC drain pipes will be installed at select locations to
intercept and convey the surface runoff for below grade discharge into the nearby street
end catch basins. An identical project with a smaller scope of work was completed last
year at the corners of Grand Canal at South Bay Front.
In order to provide the "fresh" concrete with adequate curing time to develop sufficient
strength to support pedestrian traffic, the new sidewalks will be closed for a few hours
until they are ready for public use. Pedestrians will be detoured to use the nearby alleys
and sidewalks to bypass the construction during these closures.
Fleming is required to construct the improvements between Labor Day and
Thanksgiving so as not to impact the public during the summer months or the holiday
season.
There are sufficient funds available in the following accounts for the work:
Account Description
Balboa Island BridgeMalkway Improvements
Balboa Island Bayfront Repairs
Respectfully submitted, �i
PU (U�� KS DEPARTMENT
Do b, Director
By:
Fong TTe, P.E.
Project Manager
Attachment: Location Map
Bid Summary
Account Number Amount
7013- C5100506 $131,213.00
7231- C5100314 $123,737.00
Total: $254,950.00
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CITY OF NEWPORT B*EACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
July 30, 2001
JDC Inc.
P.O. Box 3448
Rancho Cucamonga, CA 91729
Gentlemen:
Thank you for your courtesy in submitting a bid for the 2000 -2001 Balboa Island
Bayfront Repairs Project (Contract No. 3420) 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,
A,, 9'�M'44"
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 6443005
July 30, 2001
GCI Construction, Inc.
245 Fischer Avenue, Suite B -3
Costa Mesa, CA 92626
Gentlemen:
Thank you for your courtesy in submitting a bid for the 2000 -2001 Balboa Island
Bayfront Repairs Project (Contract No. 3420) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
July 30, 2001
Damon Construction Company
455 Carson Plaza Drive, Unit F
Carson, CA 90746
Gentlemen:
Thank you for your courtesy in submitting a bid for the 2000 -2001 Balboa Island
Bayfront Repairs Project (Contract No. 3420) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
CI1Y OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
July 30, 2001
4 -Con Engineering, Inc.
P.O. Box 2217
Fontana, CA 92334 -2217
Gentlemen:
Thank you for your courtesy in submitting a bid for the 2000 -2001 Balboa Island
Bayfront Repairs Project (Contract No. 3420) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely,
o�ll0-). ter. 4OL&
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach