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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 Q My comina. Exp. APd1YL10M N N S m d official seal. / IL 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 Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: 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 Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual 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) 0 0 puog `f ielejoes lue ;sissy (09 0*$00'4, u osueyop'w uo){ `IOOZ aNnr JO SUP H.LL sjgl paie0 1na?la =00 Jo 2MS `PiOJMH Sl ?J agl u? `CuedmoJ agl ;o aaWO auIOH all le pajeaS PuE Paul ?S •aa1o; m mou we `Aiuoglny ;o aleoigua'J ag1 m quo; ,as se `slolaal?Q ;o spieog aqi ;o suopnjosaZj 2u?PMS alp legs aIouuaquig pue `.pwlmol u0aq iou suq pue 0010; i n; ul summw lquoglny Jo aleai3?uOD pue faulouV ;o lamod pagaene pue 2u ?020io; alp legs Alum AHH2IH1-I OQ `lnopozuuoJ ;o ame1S aql ;o suo?leiodioa POls'ANWHOJ AlgVRSVJ NOJLf)KIARIVd PuE ANVaVOJ AlydaS QNV A.L'IVIISVJ Si13'I3AVIU `VJIWaWV A0 ANVaVOJ kLaHaS (INV )UIIVIISVJ SHarlaAVHL 30 S.ie)a.iaaS luels?ssV `pau2 ?slapun agl `I H.LVOLd1.LURD llneallal •o auew o!ignd AMON tOOZ'0£ aunt sandxe uoissiwwoo AVJ S kYl.' ;oololl suo?lnjosoU 2u?pumS agl lapun aaigo 1aq/ s?q ;o 6luogine iq suonelodioo agl;o;jegoq uo moumlisu? p?es alp palnaaxa ags/oq iegi pue .slm olelodloo gans wu luoumlzsu? p?es aql of paxge SIMS aql legs !suogwodioa p?es ;o sjeas aql smoinj ags/ag legs `luaumilsu? anoge oql poinmxo ga?gm pue ui paquasap suogelodioa aip ANVdwo:) )u IVIISVJ NO.LommuVd PuE AxVdwOJ AlaRaS QNV AlwasVJ S2I3'I3AV&L `VJIunvv 30 ANVdWo:) AZIIZIRS QNV A,7yf SVJ S2I3'I3AVZLLdo luappaid aajA ao?aaS si ags/aq lull As pue asodap P?P `moms %s am Aq 2u?aq `Oqm `umoul am 01 NOSOVOHl 'M 391I03J amen illmoslad am mopq OOOZ `Auw 3o SLP 11151 sjgi uO 3uapisald 03!A JOivag uosdwogl 'M a6Joa0 ANWROO A.L'IVfISVO NOZOxIWHVd ANVdWOJ Al3NIIS QNV Al'IVO.SVJ SUnHAVKI V3MJWV 30 ANWROJ )UAU S QxV Al'IVIISVO S2I3'I3AVKL '�V • F,9 'Q'�f • r91 /''� Y u �Z86I o > P4!l01lIYII a Ljp���''—i117f�iii�, f r0 67 4 )b/74Y7 OryY A1�fC �110150� .. Q2I03L'dVH 30 AJMOO P1O3118H 'SS{ MOLLOH[ jNOJ 30 3LVSS 'OOOZ `suNI3o jEp giSI s?cjl Pare olalaq aq of sjeas alelodlo01 ?aiji pue `luapjsaid aajA io?aaS 13ag1.Lq pant ?s aq of womnasm sng posnm aneq ANV&KOJ A.L'IVllSVJ M019NaWHV3 Pue ANvawo:) Aim ms QNV AL IVIISVJ SZI3'I3AVZLL 'VJRI3A?V 30 ANVdIV03 AIMIS QNV A.LlVIISVJ SH3laAVHI `AO32I3HM SOKUM M 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 PERSONAL S ADV INJURY �$Z, f1. 000, 0 0 0 CLAIMS MADE : X� OCCUR: _- {OWNER'S B CONTRACTOR'S PROT' EACH OCCURRENCE OOO, OOO -. jFIRE DAMAGE (Any one fire) _ $5O 000 X!Per._Proj._ Aggr. j MED EXP (Any one person) f5 0 0 0 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 S SCHEDULED AUTOS (Pe person) X HIRED AUTOS -- BODILY INJURY —I.— —- X' NON -0WNED AUTOS I I(Per etcitleM) _'. .... .__.___._._.... �_. _..' i I PROPERTY DAMAGE I f GARAGE LIABILITY IAUTOONLY- EAACCIDENT If MANY AUTO OTHERTHAN AUTO ONLY'. EACH ACCIDENT f 1 AGGREGATE f C EXCESS LIABILITY BE7402354 09/01/00 09/01 /01 EACH OCCURRENCE s4,000,000 X I UMBRELLA FORM i !AGGREGATE - ._ _— $4� -000,000 OTHER THAN UMBRELLA FORM S WORKERS COMPENSATION AND � j ,[STATUTORY LIMITS I — EMPLOYERS' LIABILITY _ J IEACH ACCIDENT $ f '- THE PROPRIETOR/ INCL ! PARTNERS /EXECUTIVE ` 1 DISEASE- POLICY LIMIT -'-- '— f OFFICERS ARE: I EXCLI DISEASE -EACH EM PLOYEE OTHER i I � I I I 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 \ \MIS 1\ SYS \Users\PBW\Shared \Contracts\FY 00-01\2000 -2001 BALBOA ISLAND BAYFRONT REPAIRS\PROPOSAL G3420.doc 0 0 PR2of2 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 \MAS 1\ SYS \Users\PBMShared \Contracts\FY 00 -01\2000 -2001 BALBOA ISLAND BAYFRONT REPAIRS\PROPOSAL C- 3420.doc 0 0 1 1 1 1 2 2 2 2 2 2 2 2 2 F: 3 3 4 4 4 4 4 4 5 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 F: \Users \PBW\Shared \Contracts \FY 00- 01\2000 -2001 BALBOA ISLAND BAYFRONT REPAIRS\SPECS INDEX C- 3420.doc 0 0 300 -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 F: \Users \PBW\Shared \Contracts \FY 00- 01\2000 -2001 BALBOA ISLAND BAYFRONT REPAIRS\SPECS INDEX C- 3420.doc • • 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 �ij Gv JCi) 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 .T. a W m a 3 W Z LL O f 2 W a W YI Y 3 U J m a Z O J p fL m Qs` W f ` Z W F ti UJ Z z w OV W a 0 r zs sssosso z o S 0 o c o 0 0 00 = O O N O P O O Vf O p O OR U� .�i N O p h O� w N 2 Q w N M 0000 N C � U °o °o, °OO 0 0 0 O (j 0 0 ut O O O N p Z o R'= IR d' w w aR Z = W 1l1 W N M W u S O O O S O O # c= Z o o 0 °o °o d O o O S# E0°o O O N b P P O of # 2< .2 Q� 0 0 0 M� 0 W� W P M O# W W W c O O O o o co o o 0 o o S U o °o mg N °o $Lq i _ c 'E�govo;coM3 EZMi°n = J LL NW M CR m= Q �o g g o tj o m o M p o7i P W M ° W l< W Q O p � .�i � ry w0 0 0 0 0 o ' z g O ro O S O M W W D N m N t O M w NM M� W «r w r �ososssso O O S O O N O S U� .�i N O p h O� 'O N H Q W N fR 0000 N ((ryJJ O S v°f 0 0 0 O o Z IR d' O Vf aR = V1 1l1 W .y tR M 0 O 0 O 0 O 0 O 0 O 0 O S# # c= Z o o o 0 d 0 o o d O o O S# 'C Q O O P O M � O# W c O O O o o co o o 0 o o S U O p S W N p S O i _ CR Q tj c�oo�oc�'dacp E +n w r 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