HomeMy WebLinkAboutC-2266(A) - Replace Uplifted Sidewalk & Curb in Corona del MarCITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
(714) 640 -2251
November 13, 1981
Monteleone & Mc-Crory
2900 Mutual Benefit Life Building
5900 Wilshire Boulevard
Los Angeles, CA 90036
Attn: Mr. William J. Ingalsbe
Dear Mr. Ingalsbe:
Enclosed is your executed copy of the Recission and Release Agreement
between the City of Newport Beach and B -1 Enterprise Corporation in
connection with proposed reconstruction of curb and sidewalk along
Pacific Coast Highway.
Also enclosed is a copy of the report you requested,mentioned in Mr.
Dunigan's letter of September 22, 1981.
Wanda E. Andersen
City Clerk
WEA:lr
cc: Public Works
File
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
RESCISSION AND RELEASE AGREEMENT
B -1 ENTERPRISE CORPORATION, a California corporation,
and the CITY OF NEWPORT BEACH,..a body politic, having entered
into a contractual agreement dated July 30, 1981, for.the
construction of a public works project known ae "Sidewalk Re-
placement Along Pacific Coast Highway in Corona Del Mar,
Contract Number 2266 ", hereby agree to rescind said agreement.
Said parties further agree as follows:
1. The City of Newport Beach hereby releases and
forever discharges B -1 Enterprise Corporation and its surety,
United Pacific Insurance Company, and their respective officers,
employees, agents and representatives, from any and all claims,
demands, liabilities and causes of action, whether known or
unknown, relating to or arising out of the aforementioned
public works contract.
2. B -1 Enterprise Corporation hereby releases and
forever discharges the City of Newport Beach, and its respec-
tive officers, employees, agents and representatives, from any
and all claims, demands, liabilities and causes of action,
whether known or unknown, relating to or arising out of
the aforementioned public.woiks contract:'
3. The undersigned expressly waive the benefits
of Section 1542 of the Civil Code of California, which provides:.
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"A general release does not extend to
claims which the creditor does not know or
suspect to exist in his favor at the time of
executing the release, which if known by him
must have materially affected his settlement
with the debtor."
All rights arising out of failure to comply with
the terms of the aforementioned public works contract, whether
failure to comply before or after this Rescission and Release
Agreement, are surrendered as consideration for the rescission
of said contract.
This Agreement may be executed in one or more
counterparts. Each such executed counterpart shall be deemed
to be an original of this Agreement.
Dated:`? — i( B -1 ENTERPRISE CORPORATION
BYi
resident
Dated: /�/J /3,, If f CITY OF NEWPORT BEACH
BY: `
Q LINE E. HEATHER, Att�st:
NDA E. ANDERSON, City Clerk
r
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1j,
R ERT BURNHAM, City Attorney
-2-
9
Nov 9 1981
OFFICE
By the CITY COUNCIL
CITY OF N&NM WACH
•
OF THE CITY ATTORNEY
MEMORANDUM
October 30, 1981
TO: Honorable Mayor & Members of the City Council
FROM: Robert H. Burnham - City Attorney's Office
RE: Rescission of Public Works Contract with B -1
C-CD6 (,e �0
-r7_�(c)
On July 14, 1981, the City of Newport Beach, pursuant to
Resolution No. 10091, awarded a contract to B -1 Enterprise
Corporation in connection with the proposed reconstruction of the
curb and sidewalk along Pacific Coast Highway between Avocado and
Poppy Avenues.
Shortly after the award of the contract, the Public Works
Department received reports that B -1 Enterprises Corporation, in
performing similar work for other public agencies, had performed
such work in an unacceptable or barely acceptable manner, had
failed to comply with certain provisions of the State Labor Code,
and had failed to make payments to various trade unions.
Additionally, at or near the time that this information was
received by the Public Works Department, a dispute arose between
the City and the contractor over a claim for additional
compensation made by the contractor because of a delay in the
performance of the contract necessitated by the fact that
CALTRANS prohibited lane closures in this area between June 15th
and September 15th.
Thereafter, counsel for B -1 Enterprise Corporation and the
undersigned, agreed, subject to the approval of the City Council,
that to resolve the respective claims and concerns of the parties
to the Public Works Contract a rescission would be the answer. A
copy of the proposed Rescission and Release Agreement is attached
to this memorandum as Exhibit "A ". This Agreement, if executed
November 2, 198 •
Page Two
Re: Rescission of Public Works Contract with B -1 Enterprise
Corporation
by the City, would have the effect of releasing B -1 Enterprise
Corporation and their Surety Company, from performance under the
Public Works Contract and the Surety Bonds issued to guarantee
performnace of that contract. The City is released from any
obligation to allow performance of the contract by B -1 Enterprise
Corporation, released from any duty to pay pursuant to that
contract, and released from the claim of B -1 Enterprise
Corporation that it was entitled to additional compensation. The
Public Works Department strongly supports our recommendation that
the Rescission Agreement be approved by Council.
obert H. Burnam
RHB /pr
Attachment
RESCISSION AND RELEASE AGREEMENT
B -1 ENTERPRISE CORPORATION, a California corporation,
and the CITY OF NEWPORT BEACH, a body politic, having entered
into a contractual agreement dated July 30, 1981, for the
construction of a public works project known as "Sidewalk Re-
placement Along Pacific Coast Highway in Corona Del Mar,
Contract Number 2266 ", hereby agree to rescind said agreement.
Said parties further agree as follows:
1. The City of Newport Beach hereby releases and
forever discharges B -1 Enterprise Corporation and its surety,
United Pacific Insurance Company, and their respective officers,
employees, agents and representatives, from any and all claims,
demands, liabilities and causes of action, whether known or
unknown, relating to or arising out of the aforementioned
public works contract.
2. B -1 Enterprise Corporation hereby releases and
forever discharges the City of Newport Beach, and its respec-
tive officers, employees, agents and representatives, from any
and all claims, demands, liabilities and causes of action,
whether known or unknown, relating to or arising out of
the aforementioned public works contract:
3. The undersigned expressly waive the benefits
of Section 1542 of the Civil Code of California, which provides:
EXi4 q
-1-
W
"A general release does not extend to
i
claims which the creditor does not know or
suspect to exist in his favor at the time of
executing the release, which if known by him
must have materially affected his settlement
with the debtor."
All rights arising out of failure to comply with
the terms of the aforementioned public works contract, whether
failure to comply before or after this Rescission and Release
Agreement, are surrendered as consideration for the rescission
of said contract.
This Agreement maybe executed in one or more
counterparts. Each such executed counterpart shall be deemed
to be an original of this Agreement.
P i s M*
Dated:
Attest:
WANDA E. ANDERSON, City Clerk
ROBERT BURNHAM, City Attorney
B -1 ENTERPRISE CORPORATION
BY:
14EIL DI , residen
CITY OF NEWPORT BEACH
BY:
JACQUELINE E. HEATHER, Mayor
-2-
0
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RESOLUTION N0, 1 T O 8 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A RESCISSION AGREEMENT
IN CONNECTION WITH A PUBLIC WORKS CONTRACT
WITH B -1 ENTERPRISE CORPORATION
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain Rescission Agreement
between the City of Newport Beach and B -1 Enterprise Corporation,
in connection with proposed reconstruction of curb and sidewalk
along Pacific Coast Highway between Avocado and Poppy Avenues;
and
WHEREAS, the City Council has reviewed the report from
the City Attorney's office and the Public Works Department which
considered, among other things, the rescission of Contract No. C-
2266 previously entered into with B -1 Enterprise Corporation, and
finds that it would be in the best interests of the City to
rescind Contract No. C- 2266i1which is now in effect.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the Rescission
described is approved, which agreement will a
rescind Public Works Contract No. C -2266 with
Corporation, and the Mayor and City Clerk are
and directed to execute same on behalf of the
Beach.
ATTEST:
City Clerk
11/9/81
pr
Agreement above -
-id hereby does
B -1 Enterprise
hereby authorized
City of Newport
NOV 9
ADOPTED this _ day of , 1981.
Mayor
e
RESCISSION AND RELEASE AGREEMENT
B -1 ENTERPRISE CORPORATION, a California corporation,
and the CITY OF NEWPORT BEACH, a body politic, having entered
into a contractual agreement dated July 30, 1981, for the
construction of a public works project known as "Sidewalk Re-
placement Along Pacific Coast Highway in Corona Del Mar,
Contract Number 2266 ", hereby agree to rescind said agreement.
Said parties further agree as follows:
1. The City of Newport Beach hereby releases and
forever discharges B -1 Enterprise Corporation and its surety,
United Pacific Insurance Company, and their respective officers,
employees, agents and representatives, from any and all claims,
demands, liabilities and causes of action, whether known or
unknown, relating to or arising out of the aforementioned
public works contract.
2. B -1 Enterprise Corporation hereby releases and
forever discharges the City of Newport Beach, and its respec-
tive officers, employees, agents and representatives, from any
and all claims, demands, liabilities and causes of action,
whether known or unknown, relating to or arising out of
the aforementioned public.works contract:
3. The undersigned expressly waive the benefits
of Section 1542 of the Civil Code of California, which provides:
--1-
V-- A (c
Re: Construction Contract between B -1 Enterprise
Corporation and the City of Newport Beach,
Entitled "Sidewalk Replacement Along Pacific
Coast Highway in Corona Del Mar, Contract
No. 2266{k
Dear Mr. Burnham:
Pursuant to our conversation of last week, enclosed
herewith is a rescission agreement which I have prepared and
which my client has executed.
ONE
If the City finds the agreement acceptable, please
have the Mayor execute both copies of the agreement and return
one executed copy to me.
You also mentioned that you would send me copies of
the reports mentioned in Mr. Dunigan's letter of September 22nd.
My client would like to have copies of these reports to inves-
tigate the allegations made therein and attempt to clear the
matter up.
Very truly yours,
MONTELEONE & MCCRORY
BY, - (Z
WILLIAM J. Q LSBE
WJI:sr
enclosure
cc: Neil Di Lello
Q,
LAW OFFICES �V
STEPHEN MONTELEONE
(1686 -1962)
MONTELEONE & MCCRORY w"f
4�A,
DARRELL P. McCRORY
2900 MUTUAL BENEFIT LIFE BUILDING
DAVID P. YAFFE
/� `fG
STANTON P. BELLANO
6800 WILSHIRE BOULEVARD
VC
G. ROBERT HALE
LOS ANGELES, CALIFORNIA 90036 Ir
ALAN P. RIBAKOFF
PATRICK J. DUFFY III
NEypClry OF
`�Y
MICHAEL F. MINCHELLA
THOMAS P. McGUIRE
/1O�T Bt C/� 3
c1q, 6LA
WILLIAM J. INGALSBE
l
THOMAS J. MIKOS
f
STEVEN
LEE
TIMOTHY A. LAMBIRTH
October 5, 191
PHILIP C. PUTNAM
1
Robert Burnham
City Attorney
lY fhi GO COUWAL
City of Newport
Beach
3300 Newport Boulevard
CITY OF NIMPORT TEACH
Newport Beach,
California 92663
V-- A (c
Re: Construction Contract between B -1 Enterprise
Corporation and the City of Newport Beach,
Entitled "Sidewalk Replacement Along Pacific
Coast Highway in Corona Del Mar, Contract
No. 2266{k
Dear Mr. Burnham:
Pursuant to our conversation of last week, enclosed
herewith is a rescission agreement which I have prepared and
which my client has executed.
ONE
If the City finds the agreement acceptable, please
have the Mayor execute both copies of the agreement and return
one executed copy to me.
You also mentioned that you would send me copies of
the reports mentioned in Mr. Dunigan's letter of September 22nd.
My client would like to have copies of these reports to inves-
tigate the allegations made therein and attempt to clear the
matter up.
Very truly yours,
MONTELEONE & MCCRORY
BY, - (Z
WILLIAM J. Q LSBE
WJI:sr
enclosure
cc: Neil Di Lello
"A general release does not extend to
claims which the creditor does not know or
suspect to exist in his favor at the time of
executing the release, which if known by him
must have materially affected his settlement
with the debtor."
All rights arising out of failure to comply with
the terms of the aforementioned public works contract, whether
failure to comply before or after this Rescission and Release
Agreement, are surrendered as consideration for the rescission
of said contract.
This Agreement may be executed in one or more
counterparts. Each such executed counterpart shall be deemed
to be an original of this Agreement.
Dated: 9 — B -1 ENTERPRISE CORPORATION
BY:
EIL D L L O, resident
Dated: CITY OF NEWPORT BEACH
BY:
JACQUELINE E. HEATHER, Mayor
Attest:
WANDA E. ANDERSON, City Clerk
L
ROBERT BURNHAM, City Attorney '
-2-
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Y
0 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
(714) 640 -2251
DATE July 30 � 1981
TO: FINANCE DIRECTOR
1'0) IC NOR[CS'
FROM: City Clerk
SUBJECT: Contract No. 226611
Description of Contract Sidewalk Replacement along
Pacific Coast Highway in Carona del Mar
Effective date of Contract July 14, 1981
Authorized by Resolution No. 10091 , adopted on July 14, 1981
Contract with B -1 Enterprise Corporation
Adress P.O. Box 714
Rancho Cucamonga, CA 91730
Amount of Contract$ 14,000.00
/s/ Wanda E. Andersen
WANDA E. ANDERSEN
City Clerk
City Hall - 3300 Newport Boulevard, Newport Beach, California 92663
5 -81
CITY OF NEWPORT BEACH PR 1
PUBLIC WORKS DEPARTMENT •
SIDEWALK REPLACEMENT ALONG
PACIFIC COAST HIGHWAY IN CORONA DEL MAR
CONTRACT NO. 2266A
PROPOSAL
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
Gentlemen:
The undersigned declares that he has carefully examined the location of the work, has read
the Instructions to Bidders, has examined the Special Provisions, and hereby proposes to
furnish all materials and do all the work required to complete Contract No. 2266 in
accordance with the Special Provisions, and will take in full payment therefor the following
unit prices for the work, complete in place to wit:
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN WORDS PRICE PRICE
1. 4,579 Replace sidewalk
Square Feet
@ Two Dollars
and
Thirty -Five Cents $ 2.35 $_10,760.65
Per Square Foot
2. 10 Replace curb and gutter
Linear Feet
@ Ten Dollars
and
No Cents $
Per Linear Foot
3. 531 Sawcut Concrete
Linear Feet
@ One Dollars
and
No Cents
Per Linear Foot
10.00
$ 100.00
$ 1.00 $ 531.00
TOTAL PRICE WRITTEN IN WORDS:
Eleven Thousand Three Hundred Ninety-One Dollars
and
Sixty -Five Cents $_ 11,391.65
336407 -A '
ontractor's Lic. No. & Classification
B -1 Enterprise Corporation
Bidder
June 22, 1981
Date /s/ Neil DeLello /Presnt ;
P.O. Box 714 Authorized Sign ature /Tiidetle
Rancho Cucamonga, California 91730
Bidders Address
714- 987 -1167
Bidders Telephone Number
• Page 3
DESIGNATION OF SUBCONTRACTOR(S)
The undersigned certifies that he has used bid(s) of the following listed
subcontractor(s) in making up his bid,and that the subcontractor(s) listed
will be used for the work for which they bid, subject to the approval of the
Engineer and in accordance with the applicable provisions of the Specifications.
No change of subcontractor may be made except with the prior approval of the
Engineer and as provided by State law.
Item of Work Subcontractor Address
1
2
3.
4.
5
6.
7.
8.
9.
10.
11.
12.
B -1 Enterprise Corporation
Bidder
1s/ Neil DeLello /President
utForizze Signature Title
1 . • Page 4
FOR ORIGINAL SEE CITY CLERK'S FILE COPY
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS,
That we, B -1 Enterprise Corpor$tion , as bidder,
and United Pacific Insurance Company , as Surety, are held
and firmly bound unto the City of Newport Beach, California, in the sum of
Ten Percent of the Total Amount Bid in----------------- Dollars ($ 10% of bid ),
lawful money of the United States for the payment of which sum well and truly
to be made, we bind ourselves, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION 1S SUCH,
That if the proposal of the above bounden bidder for the construction of
Sidewal
e
in the City of Newport Beach, is accepted by the City Council of said City, and
if the above bounden bidder shall duly enter into and execute a contract for
such construction and shall execute and deliver the "Payment" and "Faithful
Performance" contract bonds described in the Specifications within ten (10) days
(not including Saturday, Sunday, and Federal holidays) from the date of the
mailing of a notice to the above bounden bidder by and from said City that said
contract is ready for execution, then this obligation shall become null and
void; otherwise it is and shall remain in full force and effect, and the amount
specified herein shall be forfeited to the said City.
In the event that any bidder above named executed this bond as an indi-
vidual, it is agreed that the death of any such bidder shall not exonerate the
Surety from its obligations under this bond.
IN WITNESS WHEREOF, we hereunto set our hands and seals this 29th day
of June , 1981.
(Attach acknowledgement of
Attorney -in -Fact)
Martha J. Chase
Commission Expires
April 9, 1985
B -1 Enterprise Corporation
Bi er
/s/ Neil I lello /President
Authorized Signature /Title
United Pacific Insurance Company
Surety
By /s/ Douglas H. Judson
Title Attorney -In -Fact
0 0
NON- COLLUSION AFFIDAVIT
Page 5
The bidder, by its officers and agents or representatives present at the time
of filing this bid, being duly sworn on their oaths, say that neither they nor
any of them have, in any way, directly or indirectly, entered into any arrange-
ment or agreement with any other bidder, or with any public officer of such
CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has
paid or is to pay to such bidder or public officer any sum of money, or has
given or is to give to such other bidder or public officer anything of value
whatever; or such affiant or affiants or either of them has not directly or
indirectly, entered into any arrangement or agreement with any other bidder or
bidders, which tends to or does lessen or destroy free competition in the
letting of the contract sought for by the attached bids; that no bid has been
accepted from any subcontractor or materialman through any bid depository, the
bylaws, rules or regulations of which prohibit or prevent the bidder from con-
sidering any bid from any subcontractor or materialman which is not processed
through said bid depository, or which prevent any subcontractor or materialman
from submitting bids to a bidder who does not use the facilities of or accept
bids from or through such bid depository; that no inducement of any form or
character other than that which appears upon the face of the bid will be sug-
gested, offered, paid or delivered to any person whomsoever to influence the
acceptance of the said bid or awarding of the contract; nor has the bidder
any agreement or understanding of any kind whatsoever with any person whomso-
ever to pay, deliver to, or share with any other person in any way or manner,
any of the proceeds of the contracts sought by this bid.
Subscribed and sworn to before me
this 23rd day of June ,
1931 .
My commission expires:
July 5. 1982
B -1 Enterprise Corporation
/s/ Neil DeLello /President
Authorized Signature /Title
Peggy L. Sullivan
Notary Public
• • Page 6
FOR ORIGINAL SEE CITY CLERK'S FILE COPY
STATEMENT OF FINANCIAL RESPONSIBILITY
The undersigned submits herewith a statement of his financial responsibility
or agrees to submit a statement within 1 work day after the bid opening if
the undersigned is the apparent low bidder.
B -1 Enterprise Corporation
Bidder
/s/ Neil DeLello /President
Authorized Signature Title
•
• Page 7
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
The undersigned submits herewith a statement of the work of similar character
to that proposed herein which he has performed and successfully completed.
Year
Completed
For Whom Performed (Detail)
Person to Contact
Telephone No.
oncrete Wor
June 1981
City of E1 Segundo
Paul Bowen
213 - 322 -4670
oncre a Work
April 1981
City of Montebello
Mike Kosareff
213- 725 -1200
oncre e work
Dec. 1980
City of Yorba Linda
Ken Rosenfield
714 - 524 -5000
B -1 Enter rise Corporation
Bid er.
s Neil DeLello President
ut orized Signature itle
Page 8
N0 „TICE
The fallowing ate samples of- contract documents which: shall be
completed and- executed -by the successful bidder after he receives -a .
letter of award fromahe City of, Newport.Beacfi:
PAYMENT BOND (pages 9 & 16)
FAITHFUL PERfoRKk#cE BOND (pages 11.4 12)
CERTIFICATE bF - ildURA��CE & ERDURSEM�NTS (pages 13,14, & 15)
CONTRACT,( pages 16 &..17)
since the City_of Newport Beach will. not perMi a substitute-,
format'. for these contract documents, bidders :.. are :advised to review
. g g. ga gents prior to sub-
their content aiti�;bondirt , insuA and 1e 1_a
mission -of bid.
All.costs associated with the speclfications.af� these contract
documents, shalt be :.absorbed in the bid. Such spectfications shall
include those contained in (1) each: contract document and. the.
standard ecifications fpr PubTic_ilorkS Construe€ tan jTatest edition
adopted or, use n Vie. ClIt y o rt ac , except as supplemented
or modified by the Special Provisiaas for this project. ”
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Three Hundred Ninety -ate Dollars and xtyT Cents M 118391.65. x,
s • �--:�
Page 77
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
SIDEWALK REPLACEMENT ALONG
• SP of
PACIFIC COAST HIGHWAY IN CORONA DEL MAR
CONTRACT NO. 2266
I. SCOPE OF WORK
The work to be done under this contract includes (1) the removal of sections of
sidewalk and curb which have been uplifted by street tree roots and which are listed
hereinafter, (2) the removal of interfering street tree roots which have been
uncovered by sidewalk and curb removals, and (3) the reconstruction of sidewalk and
curb to conform with the elevations of existing improvements.
All work necessary for the completion of this contract shall be done in accor-
dance with (1) these Special Provisions, (2) the City's Standard S ecial Provisions
and Standard Drawings for Public Works Construction (1980 Edition ,and the
Standard Specifications for Public Works Construction (1979 Edition), including
supplements to date. Copies of the Standard Special Provisions and Standard
Drawings may be purchased at the Public Works Department for Five Dollars ($5).
Copies of the Standard Specifications may be purchased at Building News, Inc.,
3055 Overland Avenue, Los Angeles, CA 90034.
II. AWARD AND EXECUTION OF THE CONTRACT
The bidder's attention is directed to the provisions of Section 2 -1 of the
Standard Special Provisions for requirements and conditions concerning award
and execution of the contract.
III. TIME OF COMPLETION
The Contractor shall complete all work on this contract within thirty (30) calendar
days after award of contract by the City Council.
IV. GUARANTEE
The Contractor shall guarantee for a period of one year after acceptance of the
work by the City Council all materials and workmanship against any defects what-
soever. Any such defect shall be repaired at the Contractor's expense.
V. PAYMENT
The unit or lump sum price for items of work shown in the proposal shall be full
compensation for labor, equipment, materials and all other things necessary to
complete the work. Incidental items of work not separately described in the
proposal (i.e. traffic control, root pruning, formwork; etc.) shall be included
in the unit price bid for the various items of work except that sawcutting concrete
shall be bid as a separate item of work.
VI. PUBLIC CONVENIENCE AND SAFETY
• SP2of2
The Contractor shall provide street and sidewalk detours and barricades in
accordance with Sec bTon 7 -10 of the Standard Special Provisions.
VII. WATER
The Contractor shall obtain and apply water necessary to perform the contract.
If the Contractor desires to use City water free of charge, he shall make arrange-
ments with the City's Utilities Superintendent, Mr. Gil Gomez, at (714) 640 - 2221.
VIII. CONSTRUCTION DETAILS
A. Sidewalk Replacement
A Sidewalk Replacement Schedule, which indicates sections of sidewalk to be
replaced, is attached hereto; panels maybe field- identified by red paint marks.
B. Curb and Gutter Replacement
A curb and gutter replacement of approximately 3 feet in length is required
at 2915 Pacific Coast Highway, and 7 feet at 2333 Pacific Coast Highway.
C. Sawcutting Concrete
All portland cement concrete to be removed shall be cut with concrete sawing
equipment of a type meeting approval of the Engineer. Approximate linear
footage of concrete sawing is shown on the Sidewalk Replacement Schedule
attached hereto. Should damage occur to the saw cut edge during or after
removal, the damaged edge shall be removed further by additional saw cutting
and replaced at the Contractor's sole expense.
D. Root Removal
After sidewalk has been removed in accordance with the Sidewalk Replacement
Schedule, exposed tree roots shall be removed within the tree well area
and within whatever contigous area of sidewalk and curb is to be replaced.
Root removals shall not damage or increase damage to any improvements which
are not to be replaced. Any such damage or increase of damage shall be
removed by additional saw cutting and replaced at the Contractor's sole
expense.
E. Tree Wells
Positions of tree wells relative to sections of sidewalk to be replaced are
indicated in the Sidewalk Replacement Schedule. Formwork for tree well block -
outs (usually 5' -6" square) will be required in approximately 2/3 of the
sections of sidewalk to be replaced.
• • Att.
SIDEWALK REPLACEMENT SCHEDULE (EASTBOUND)
POSITION OF NET CONCRETE
STREET NO. BUSINESS NAME _ TREE WELL REPLACEMENT
LENGTH OF
SAWCUTTING
2121
Kam's
Centered
55
Square
Feet
21 Feet
2229
Korker Liquor
Centered
190
Square
Feet
none
none
Coco's Parking
Centered
190
Square
Feet
none
2305
Coco's Restaurant
Centered
200
Square
Feet
11 Feet
2333
Swensen's
Centered
246
Square
Feet
none
2345
Cabrillo Medical
Centered
80
Square
Feet
20 Feet
2407
Rothschild
West Edge
55
Square
Feet
none
2515
Cole of Newport
Centered (2)
330
Square
Feet
14 Feet
none
Sherman Gardens Parking
Centered
90
Square
Feet
20 Feet
2647
Sherman Gardens
Centered
22
Square
Feet
7 Feet
2647
Sherman Gardens
Centered
22
Square
Feet
7 Feet
2647
Sherman Gardens
East Edge
12
Square
Feet
6 Feet
2801
Shell
Centered
159
Square
Feet
2 Feet
2831
Hobie Sports
East Edge
96
Square
Feet
none
2853
Newport Beach Travel
West Edge
25
Square
Feet
11 Feet
2915
Scenic Property
West Edge
55
Square
Feet
none
2937
Holiday House Liquor
Centered
58
Square
Feet
17 Feet
none
Albertson's Parking
Centered
183
Square
Feet
112 Feet
none
Albertson's Parking
Centered
113
Square
Feet
11 Feet
3049
Albertson's
East Edge
53
Square
Feet
102 Feet
3201
Hungry Tiger
East Edge
35
Square
Feet
32 Feet
none
Hungry Tiger Parking
West Edge
30
Square
Feet
5 Feet
3321
Loft Antiques
East Edge
25
Square
Feet
none
3419
CDM Travel
Centered
52
Square
Feet
none
3535
Custom Shade & Drapery
West Edge
25
Square
Feet
5 Feet
3601
Sea Lion Realty
Centered
159
Square
Feet
none
3617
Oriental Rug Gallery
Centered
127
Square
Feet
102 Feet
3637
Boyd Realtors
Centered
117
Square
Feet
102 Feet
none
Five Crowns Parking
East Edge
40
Square
Feet
5 Feet
none
Five Crowns Parking
East Edge
63
Square
Feet
102 Feet
SIDEWALK REPALCEMENT
SCHEDULE
(WESTBOUND)
3732
Vans Tennis Shoes
Centered
114
Square
Feet*
30 Feet
3700
Arco -Shell
South Edge
30
Square
Feet
none
3536
Villa Sweden
West Edge
36
Square
Feet
7 Feet
3520
La Strada
Centered
126
Square
Feet
32 Feet
3500
Newport Floor Coverings
Centered
60
Square
Feet
15 Feet
3446
Coco's Restaurant
Centered
132
Square
Feet
27 Feet
3426
Country Life Interiors
East Edge
75
Square
Feet
12 Feet
3334
Snip 'N' Stitch
East Edge
41
Square
Feet
none
3300
Bank of America
Centered
144
Square
Feet
14 Feet
3244
La Cantina Liquor
East Edge
85
Square
Feet
112 Feet
3224
The Quiet Woman
Centered
85
Square
Feet
none
3200
Dummit Cleaners
Centered
48
Square
Feet
10 Feet
3140
Brentwood Savings
Centered
223
Square
Feet
46 Feet
3100
Mobil
East Edge
70
Square
Feet
112 Feet
3050
Puffins
Centered
114
Square
Feet
30 Feet
3024
Purdues Tux
East Edge
24
Square
Feet
4 Feet
2948
Corona del Mar Kennel
East Edge
36
Square
Feet
6 Feet
2920
The Place
Centered
140
Square
Feet
33 Feet
2620
Senor Hair Design
Centered
89
Square
Feet
23 Feet
* Including portions of
drive apron
CERTIFICATE HOLDER
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
CERTIFICATE OF INSURANCE • Page 13
AGUARANTY NATIONAL INS. CO.
(Inttar� BAMERICAN HARDWARE MUTUAL INS:
B -1 ENTERPRISE CORP. Company
P.O. BOX 714 Letter CGUARANTY NATIONAL INS. CO.
Company
Letter DBELLEFONTE UNDERWRITERS
RANCHO CUCAMONGA, CA. 91730 Company
Letter EARGONAIIT INS. CO.
This is to certify that policies of insurance listed below have been issued to the insured named
above and are in force at this time, including attached endorsement(s).
COMPANY
Policy
Policy
LIMITS OF LIABILITY IN THOUSANDS 000
LETTER
TYPE OF INSURANCE
No.
Exp.
ac
Date
Occurrence lAggregate
GENERAL LIABILITY
A
0 Comprehensive Form
® Premises- Operations
® Explosion & Collapse Hazard
g Underground Hazard
® Products /Completed - Operations
22102
5/20/8
Bodily Injury
Property Damge
$
$
$
$
Hazard
Bodily Injury
®Contractual Insurance
ja Broad Form Property Damage
and Property
Damage Combined
$ 1,000,
$ 1,000,
O Independent Contractors
® Personal Injury
0 Marine
Personal Injury
$ 1,000,
❑ Aviation
AUTOMOTIVE LIABILITY
B
❑ Comprehensive Form
�J Owned
V Hired.
05561
963
5/12/8
Bodily Injur
Each Person
$ 15 ,
$ 30,
\�
Bodily Injury
Each Occurrence
Pro art e
5 5
ij Non -owned
NJ
Bo y njury and
Property Damage
$
Combined
C
D
EXCESS LIABILITY
❑ Unbrella Form E
Other than Umbrella Form X
L9229
06558
5/12/82
5/12/8
Bodily Injury
and Property
FROM
15/30/5
$ 5000,.
TO
500,
$1,000,
EXCESS AUTO
Damage Combined
E
WORKERS COMPENSATION W
and
EMPLOYER'S LIABILITY
52394
00345
5/20/8
Statutory
2 000
ac
Accident
NOTE: The Comprehensive General Liability or (and) Automotive Liability policy(s) is (are)
endorsed with the attached City of Newport Beach Endorsement(s).
CANCELLATION: Should any of the above described policies be cancelled or coverage reduced
before the expiration date thereof, the Insurance Company affording coverage
shall provide 30 days' advance notice to the certificate holder by mail,
Attention: Public Works Department
By. Agency: FULLERTON INS. SERV., INC. 7/22/81
Authorized Representative P.O. BOX 2408 ate sTsuer
FULLERTON, CA. 92633
uescription OT operations /IocaTions /venicles: NII operations perrormea Tor Lne I.TLy OT newporL
Beach by or on behalf of the named insured in connection with the following designated contract:
CONTRACT NO. 2266 (SIDEWALK REPLACEMENT ALONG PACIFIC COAST HIGHWAY
IN CORONA DEL rRQ7ect title and contract number
NOTICE: This certificate or verification of insurance is not an insurance policy and does not
amend, extend or alter the coverage afforded by the policies listed herein. Notwith-
standing any requirement, term, or condition of any contract or other document with
respect to which this certificate or verification of insurance may be issued or may
pertain, the insurance afforded by the policies described herein is subject to all
the terms, exclusions and conditions of such policies, including attached endorsements.
CITY OF NEWPORT BEACH
AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT
It is agreed that:
Page 14
With respect to such insurance as is afforded by the policy for Bodily Injury and
Property Damage Liability, the City of Newport Beach, its officers and employees are
additional insureds but only with respect to liability for damages arising out of
the ownership, maintenance or use of automobiles (or autos) used by or on behalf of
the named insured in connection with the contract designated below. The insurance
extended by this endorsement to said additional insured does not apply to bodily
injury or property damage arising out of automobiles (1) owned by or registered in
the name of an additional insured, or (2) leased or rented by an additional insured,
or (3) operated by an additional insured. The insurance afforded the additional
named insured(s) shall apply as primary insurance and no other insurance maintained
by the City of Newport Beach will be called upon to contribute with insurance
provided by this policy.
2. The policy includes the following provision:
"The insurance afforded by the policy applies separately to each insured
who is seeking coverage or against whom a claim is made or suit is brought,
except with respect to the limits of the Insurance Company's liability."
3. The limits of liability under this endorsement for the additional insureds named in
paragraph 1 of this endorsement shall be the limits indicated below for either Multi-
ple Limits or Single Limit, whichever is indicated by the letter X in the appropriate
box.
(X ) Multiple Limits
Bodily Injury Liability
Property Damage Liability
( ) Single Limit
Bodily Injury Liability
and
Property Damage Liability
Combined
15,000./
$ 30,000. each occurrence
$ 5,000. each occurrence
$ each occurrence
The limits of liability as stated in paragraph 3 of this endorsement shall not in-
crease the total liability of the Insurance Company for all damages as the result of
any one accident or occurrence in excess of the limits of Liability stated in the
policy as applicable to Automobile Liability Insurance.
4. Should the policy be cancelled or coverage reduced before the expiration date thereof,
the Insurance Company shall provide 30 days' advance notice to the City of Newport
Beach by registered mail, Attention: Public Works Department.
CONTRACT NO. 2266 (SIDEWALK REPLACEMENT ALONG PACIFIC
5. Designated Contract: COAST HIGHWAY IN CORONA DEL MAR)
Project Title and Contract No.).
This endorsement is effective 7 /22/8 1 at 12:01 A.M. and forms a part of
Policy No. 05561963
Named Insured B -1 ENTERPRISE CORP. Endorsement No. 2
AMERICAN HARDWARE
Name of Insurance Company MUTUAL INS. Co. B // Im✓%101w
uthorized Rep esent ive
•
Page 15
CITY OF NEWPORT BEACH
COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT
It is agreed that:
1. With respect to such insurance as is afforded by the policy for Comprehensive General
Liability, the City of Newport Beach, its officers and employees are additional in-
sureds but only with respect to liability arising out of operations performed by or on
behalf the named insured in connection with the contract designated below or acts
and omissions of the City of Newport Beach in connection with its general supervision
of such operations. The insurance afforded said additional insured shall apply as
primary insurance and no other insurance maintained by the City of Newport Beach will
be called upon to contribute with insurance provided by this policy.
2. The policy includes the following provision:
"The insurance afforded by the policy applies separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
Insurance Company's liability."
3. The insurance afforded by the policy for Contractual Liability Insurance (subject to
the terms, conditions and exclusions applicable to such insurance) includes liability
assumed by the named insured under the indemnification or hold harmless provision con-
tained in the written contract, designated below, between the named insured and the
City of Newport Beach.
4. With respect to such insurance as is afforded by this policy, the exclusions, if any,
pertaining to the explosion hazard, collapse hazard and underground property hazard
(commonly referred to as "XCU "hazards) are deleted.
5. The limits of liability under this endorsement for the additional insured named in
paragraph I of this endorsement shall be the limits indicated below for either Multiple
Limits or Single Limit, whichever is indicated by the letter X in the appropriate box.
( ) Multiple Limits
Bodily Injury Liability $ each occurrence
Property Damage Liability $.
(X) Single Limit
occurrence
Bodily Injury Liability $ 1,000,000. each occurrence
and
Property Damage Liability
Combined
The applicable limit of the Insurance Company's liability for the insurance afforded
for contractual liability shall be reduced by any amount paid as damages under this
endorsement in behalf of the additional insureds.
The limits of liability as stated in this endorsement shall not increase . the total
liability of the Insurance Company for all damages as the result of any one occurrence
in excess of the limits of liability stated in the policy as applicable to Comprehen-
sive General Liability Insurance.
6. Should the policy be cancelled or coverage reduced before the expiration date thereof,
the Insurance Company shall provide 30 days' advance notice to the City of Newport
Beach by registered mail, Attention: Public Works Department
CONTRACT NO. 2266 (SIDEWALK REPLACEMENT ALONG PACIFIC
7. Designated Contract: COAST HIGHWAY IN CORONA DEL MAR)
Project Title and Contract No.
This endorsement is effective 7/22/81 at 12:01 A.M. and forms a part of
Policy No. GL022102
Named Insured B -1 ENTERPRISE CORP. Endorsement No. 8
GUARANTY NATIONAL
Name of Insurance Company INS. CO. By
A, orized Represent ive
r Page 14
CITY OF NEWPORT BEACH
AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT
It is agreed that:
1. With respect to such insurance as is afforded by the policy for Bodily Injury and
Property Damage Liability, the City of Newport Beach, its officers and employees are
additional insureds but only with respect to liability for damages arising out of
the ownership, maintenance or use of automobiles (or autos) used by or on behalf of
the named insured in connection with the contract designated below. The insurance
extended by this endorsement to said additional insured does not apply to bodily
injury or property damage arising out of automobiles (1) owned by or registered in
the name of an additional insured, or (2) leased or rented by an additional insured,
or (3) operated by an additional insured. The insurance afforded the additional
named insured(s) shall apply as primary insurance and no other insurance maintained
by the City of Newport Beach will be called upon to contribute with insurance
provided by this policy.
2. The policy includes the following provision:
"The insurance afforded by the policy applies separately to each insured
who is seeking coverage or against whom a claim is made or suit is brought,
except with respect to the limits of the Insurance Company's liability."
3. The limits of liability under this endorsement for the additional insureds named in
paragraph 1 of this endorsement shall be the limits indicated below for either Multi-
ple Limits or Single Limit, whichever is indicated by the letter X in the appropriate
box.
( ) Multiple Limits
Bodily Injury Liability
Property Damage Liability
(X ) Single Limit
Bodily Injury Liability
and
Property Damage Liability
Combined
$ each occurrence
$ each occurrence
EXCESS AUTO LIABILITY
FROM 15/30,000/5,000
$ 500,000. each occurrence
The limits of liability as stated in paragraph 3 of this endorsement shall not in-
crease the total liability of the Insurance Company for all damages as the result of
any one accident or occurrence in excess of the limits of Liability stated in the
policy as applicable to Automobile Liability Insurance.
4. Should the policy be cancelled or coverage reduced before the expiration date thereof,
the Insurance Company shall provide 30 days' advance notice to the City of Newport
Beach by registered mail, Attention: Public Works Department.
CONTRACT NO. 2266 (SIDEWALK REPLACEMENT ALONG PACIFIC
5. Designated Contract: COAST HIGHWAY IN CORONA DEL MAR
(Project Title and Contract o. .
This endorsement is effective 7/22/81 at 12:01 A.M. and forms a part of
Policy No. EAL922935
Named Insured B -1 ENTERPRISE -C
GUARANTY NATIONAL
Name of Insurance Company INS. CO. I
Endorsement No. 10
ve
r. Page 14
CITY OF NEWPORT BEACH
AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT
It is agreed that:
1. With respect to such insurance as is afforded by the policy for Bodily Injury and
Property Damage Liability, the City of Newport Beach, its officers and employees are
additional insureds but only with respect to liability for damages arising out of
the ownership, maintenance or use of automobiles (or autos) used by or on behalf of
the named insured in connection with the contract designated below. The insurance
extended by this endorsement to said additional insured does not apply to bodily
injury or property damage arising out of automobiles (1) owned by or registered in
the name of an additional insured, or (2) leased or rented by an additional insured,
or (3) operated by an additional insured. The insurance afforded the additional
named insured(s) shall apply as primary insurance and no other insurance maintained
by the City of Newport Beach will be called upon to contribute with insurance
provided by this policy.
2. The policy includes the following provision:
"The insurance afforded by the policy applies separately to each insured
who is seeking coverage or against whom a claim is made or suit is brought,
except with respect to the limits of the Insurance Company's liability."
3. The limits of liability under this endorsement for the additional insureds named in
paragraph 1 of this endorsement shall be the limits indicated below for either Multi-
ple Limits or Single Limit, whichever is indicated by the letter X in the appropriate
box.
( ) Multiple Limits
Bodily Injury Liability
Property Damage Liability
(X ) Single Limit
Bodily Injury Liability
and
Property Damage Liability
Combined
each occurrence
each occurrence
EXCESS AUTO LIABILITY
FROM 500,000.
$ TO 1,000,000. each occurrence
The limits of liability as stated in paragraph 3 of this endorsement shall not in-
crease the total liability of the Insurance Company for all damages as the result of
any one accident or occurrence in excess of the limits of liability stated in the
policy as applicable to Automobile Liability Insurance.
4. Should the policy be cancelled or coverage reduced before the expiration date thereof,
the Insurance Company shall provide 30 days' advance notice to the City of Newport
Beach by registered mail, Attention: Public Works Department.
CONTRACT NO. 2266 (SIDEWALK REPLACEMENT ALONG PACIFIC
5. Designated Contract: COAST HIGHWAY IN CORONA DEL M"to.).
Project it a an ontra
This endorsement is effective 7/22/81 at 12:01 A.M. and forms a part of
Policy No. XL0655855
Named Insured B -1 ENTERPRISE CORP. Endorsement No. B14
BELLEFONTE UNDERWRITERS a
Name of Insurance Company INS. Co. By
Au! rized Represe tive
N
CITY OF NEWPORT BEACH N
PUBLIC WORKS DEPARTMENT
SIDEWALK REPLACEMENT ALONG
PACIFIC COAST HIGHWAY IN CORONA DEL MAR
CONTRACT NO. 2266
PROPOSAL
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
Gentlemen:
4/--PR 1
7
The undersigned declares that he has carefully examined the location of the work, has read
the Instructions to Bidders, has examined the Special Provisions, and hereby proposes to
furnish all materials and do all the work required to complete Contract No. 2266 in
accordance with the Special Provisions, and will take in full payment therefor the following
unit prices for the work, complete in place to wit:
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN WORDS PRICE PRICE
1. 4,579 Repl ce sidewalk
Square Feet 1 V
@ / ,Dollars 6 S
_ J and
Iii 7J��b Cents $_ _ S _ $_ A9, 1760
Per Square Foot
2. 10 Replace curb and gutter
Linear Feet �-
@ /PAZ, (Dollars
and Oi)
Cents
Per Linear Foot
3. 531 Sawcut Concrete
Linear feet DDom�,,
@ cweea Dollars
and
Cents $ l 00 $_ S3/
Per Linear Foot
I
Ll
INSTRUCTIONS TO BIDDERS
a Page 2
The following contract documents shall be completed, executed and received
by the City Clerk in accordance with NOTICE INVITING BIDS:
1. PROPOSAL
2. INSTRUCTIONS TO BIDDERS
3. DESIGNATION OF SUBCONTRACTOR(S)
4. BIDDER'S BOND (sum not less than 10% of total bid price)
5. NON- COLLUSION AFFIDAVIT
6. STATEMENT OF FINANCIAL RESPONSIBILITY
7. TECHNICAL ABILITY AND EXPERIENCE REFERENCES
except that cash, certified check or cashier's check (sum not less than 10% of
the total bid price) may be received in lieu of the Bidder's Bond. The title
of the project and the words SEALED BID shall be clearly marked on the outside
of the envelope containing the bid.
Bids shall not be received from bidders who are not licensed in accordance
with the provisions of Chapter 9, Division III of the Business and Professions'
Code. The low bidder shall also be required to possess a City of Newport Beach
business license prior to execution of contract.
Bids shall be submitted on the attached PROPOSAL. form. The additional
copy of the PROPOSAL form may be retained by the bidder for his records.
The estimated quantities indicated in the PROPOSAL are approximate, and are
given solely to allow the comparison of bid totals.
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 dis-
crepancy 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 or omissions in the PROPOSAL.
Contract documents shall bear signatures and titles of persons authorized
to sign on behalf of the bidder. For corporations, the signatures shall be of
the President or Vice President. For partnerships, the signatures shall be of
a general partner. For sole ownership, the signature shall be of the owner.
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 con-
tract. 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 in-
clusive). The Contractor shall be responsible for compliance with Section 1777.
of the California Labor Code for all apprenticeable occupations.
Contr's Lic. No. & Classification
ic_ 0' OP/
Date
0 0 Page 3
DESIGNATION OF SUBCONTRACTOR(S)
The undersigned certifies that he has used bid(s) of the following listed
subcontractor(s) in making up his bid,and that the subcontractor(s) listed
will be used for the work for which they bid, subject to the approval of the
Engineer and in accordance with the applicable provisions of the Specifications.
No change of subcontractor may be made except with the prior approval of the
Engineer.and as provided by State law.
Item of Work Subcontractor Address
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
f
i
,TJ2qI'1'ED 1=A6IC INSUR.ANCPlCOMPANY
HOME OFFICE, TACOMA, WASHINGTON
"Irlhe Premlunn Charged for this
Bond is included in that shown Bond No. U 35 65 49
on the Annual Bid Bond." BID BOND
APPROVED BY THE AMERICAN INSTITUTE OF ARCHITECTS
A.t,A. DOCUMENT NO. A -310 (FEB. 1970 ED3
KNOW ALL MEN BY THESE PRESENTS, that we B -1 Enterprise Corporation, Post Office
Box 714, Rancho Cucamonga, California 91730
as Principal, hereinafter called the Principal, and the UNITED PACIFIC INSURANCE COMPANY of
Tacoma, Washington, a corporation duly organized under the laws of the State of Washington, as
Surety, hereinafter called the Surety, are held and firmly bound unto City of Newport Beach
as Obligee, hereinafter called the Obligee, in the sum Of Ten Percent (100) of the Total
Amount of the Bid
Dollars ($ ----------------------- ).
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has submitted a bid for City wide Sidewalk Replacement Contract
No. 2266
NOW, THEREFORE„ if the Obligee shall accept the bid of the Principal and the Principal shall enter
into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or
bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for
the faithful performance of such Contract and for the prompt payment of labor and material fur-
nished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract
and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed
the penalty hereof between the amount specified in said bid and such larger amount for which the
Obligee may in good faith contract with another party to perform the Work covered by said bid,
then this obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this 29th day of June A.D. 19 81
1 inessl
UNITED PACIFIC INSURANCE COMPANY
s
Douglas H. Ju son, Attorney —in —Fact
4
BOU -2305 Ed. 10-73
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS,
That we,
• Page 4
as bidder,
and as Surety, are held
and firmly bound unto the City of Newport Beach, California, in the sum of
Dollars ($
lawful money of the United States for the payment of which sum well and truly
to be made, we bind ourselves, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION.IS SUCH,
That if the proposal of the above bounden bidder for the construction of
Title of Project Contract No.
in the City of Newport Beach, is accepted by the City Council of said City, and
if the above bounden bidder shall duly enter into and execute a contract for
such construction and shall execute and deliver the "Payment" and "Faithful
Performance" contract bonds described in the Specifications within ten (10) days
(not including Saturday, Sunday, and Federal holidays) from the date of the
mailing of a notice to the above bounden bidder by and from said..City that said
contract is ready for execution,.then this obligation shall become null and
void; otherwise it is and shall remain in full force and effect, and the amount
specified herein shall be forfeited to the said City..
In the event that any.bidder above named executed this bond as an indi-
vidual, it is agreed that the death of any such bidder shall not exonerate the
Surety from its obligations under this bond.
IN WITNESS WHEREOF, we hereunto set our hands and seals this day
of , 19 .
(Attach acknowledgement of
Attorney -in -fact)
Z
Title
Bidder
Authorized Signature /Title
a •
NON- COLLUSION AFFIDAV
Page 5
The bidder, by its officers and agents or representatives present at the time
of filing this bid, being duly sworn on their oaths, say that neither they nor
any of them have, in any way, directly or indirectly, entered into any arrange-
ment or agreement with any other bidder, or with any public officer of such
CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has
paid or is to pay to such bidder or public officer any sum of money, or has
given or is to give to such other bidder or public officer anything of value
whatever; or such affiant or affiants or either of them has not directly or
indirectly, entered into any arrangement or agreement with any other bidder or
bidders, which tends to or does lessen or destroy free competition in the
letting of the contract sought for by the attached bids; that no bid has been
accepted from any subcontractor or materialman through any bid depository, the
bylaws, rules or regulations of which prohibit or prevent the bidder from con-
sidering any bid from any subcontractor or materialman which is not processed
through said bid depository, or which prevent any subcontractor or materialman
from submitting bids to a bidder who does not use the facilities of or accept
bids from or through such bid depository; that no inducement of any form or
character other than that which appears upon the face of the bid will be sug-
gested, offered, paid or delivered to any person whomsoever to influence the
acceptance of the said bid or awarding of the contract; nor has the bidder
any agreement or understanding of any kind whatsoever with any person whomso-
ever to pay, deliver to, or share with any other person in any way or manner,
any of the proceeds of the contracts sought by this bid.
SubscribpAd and sworn to before me
this Ae day of ,
191L-.
My commission expires:
MS� I C1 wa,
61 U
Bidder
Aut orized S i gna tureTri tle
C ,
tary Public
OFFICIAL SEAL
PEGGY L. SULLIVAN s
So NOTARY PUBLIC - CALIFORNIA
LOS ANGELES COUNTY
•K^"° My comm. expires JUL 5, 1982
• Page 6
STATEMENT OF FINANCIAL RESPONSIBILITY
The undersigned submits herewith a statement of his financial responsibility
or agrees to submit a statement within 1 work day after the bid opening if
the undersigned is the apparent low bidder.
r
• Page 7
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
The undersigned submits herewith a statement of the work of similar character
to that proposed herein which he has performed and successfully completed.
Year
N69 b
It 1 J.
Bidder
Authorized Signature /Title
�pE�v
1100
Coiioon 8r Black— Miller & fie8 Insurance Brokers ft" Bond. + Arara" Ad)ustars
3600 Wilshire Boulevard • Los Angeles, CA 90010. 213/366 -2360
June 22, 1981
BID BOND ENCLOSED
B -1 Enterprise Corporation.
Post Office Box 714
Rancho Cucamonga, California 91730
Re: Bid, June 29, 1981
City of Newport Beach
City wide Sidewalk Replacement
Gentlemen:
We enclose bid bond pursuant to your order. We urge that you recheck all signatures,
dates, amounts and job description to avoid the possibility of having a low bid rejected
because of a clerical error. Would you also please re- verify that the bid bond form
attached is the form required by the Specifications.
Very truly yours,
CORROON & BLACK - MILLER & AMES
nmar'e'.Freeman- Signey
enc
FINAL BOND RATES:
i
First $ 5DO.000 @ $7.50 per $1,000 of Contract Price
Next $2,000,000 per $1,000
Next $2,500,000 per $1,000
Next $2,500,000 per SI,000
Over $7,500,000 per $1,000
_��. ----
r
�. ,.._., _.... .,� �..::, .tee , :.�. -::_. <.: _
E
•
J U L 1 At 191
By tna k:+i P CUUN%%AL
CITY OF tlWPORT BEACH
TO: CITY COUNCIL
FROM: Public Works Department
July 14, 1981
CITY COUNCIL AGENDA
ITEM NO. f
SUBJECT: SIDEWALK REPLACEMENT ALONG PACIFIC COAST HIGHWAY IN CORONA DEL MAR
(C -2266)
RECOMMENDATION:
1. Adopt a resolution awarding Contract No. 2266 to B -1 Enterprise
Corporation for $11,391.65 and authorizing the Mayor and the
City Clerk to execute the contract.
DISCUSSION:
At 11:00 A.M. on June 29, 1981, the City Clerk opened and read the
following bids for this project:
Bid Position Bidder
Bid Amount
1 B -1 Enterprise Corporation $11,391.65
2 Damon Construction Co. 13,483.95
3 Nobest, Incorporated 15,149.00
4 Fleming Engineering Inc. 16,654.75
5 Elco Miramontes 17,899.50
6 Luz Pina General Engineering 20,107.50
The low bid is 19% below the Engineer's estimate of $14,000. Ade-
quate funds are provided under Budget No. 02- 3397 -229.
B -1 Enterprise Corporation, the low bidder, has not performed
previous contract work for the City. However, a check of their references has
indicated that B -1 is a well qualified contractor who has successfully com-
pleted similar projects for other Southern California agencies.
The project provides for reconstruction of curb and sidewalk along
Pacific Coast Highway between Avocado and Poppy Avenues. Approximately 4,600
square feet of sidewalk have been uplifted at 49 locations due to the growth
of Ficus Nitida street trees. The disruptive roots will be removed as a por-
•tion of the contract, which should preclude future uplifting of the sidewalk
panels which are being replaced. (See sidewalk Replacement Schedule on reverse.)
Bid documents were prepared by the Public Works Department. All work
should be completed
(/ by August 14.
J. X4
Benjamin B. Nolan
Public Works Director
LD:jd
�_ - -•
•
Att.
v
SIDEWALK REPLACEMENT
SCHEDULE
(EASTBOUND)
POSITION OF
NET
CONCRETE
LENGTH OF
',TPECT NO.
BUSINESS NAME
TREE WELL
REPLACEMENT
SAWCUTTING
2121
Kam's
Centered
55
Square
Feet
21 Feet
2229
Korker Liquor
Centered
190
Square
Feet
none
none
Coco's Parking
Centered
190
Square
Feet
none
2305
Coco's Restaurant
Centered
200
Square
Feet
11 Feet
2333
Swensen's
Centered
246
Square
Feet
none
2345
Cabrillo Medical
Centered
80
Square
Feet
20 Feet
2407
Rothschild
West Edge
55
Square
Feet
none
2515
Cole of Newport
Centered (2)
330
Square
Feet
14 Feet
none
Sherman Gardens Parking
Centered
90
Square
Feet
20 Feet
2647
Sherman Gardens
Centered
22
Square
Feet
7 Feet
2647
Sherman Gardens
Centered
22
Square
Feet
7 Feet
2647
Sherman Gardens
East Edge
12
Square
Feet
6 Feet
2801
Shell
Centered
159
Square
Feet
2 Feet
2831
Hobie Sports
East Edge
96
Square
Feet
none
2853
Newport Beach Travel
West Edge
25
Square
Feet
11 Feet
2915
Scenic Property
West Edge
55
Square
Feet
none
2937
Holiday House Liquor
Centered
58
Square
Feet
17 Feet
none
Albertson's Parking
Centered
183
Square
Feet
112 Feet
none
Albertson's Parking
Centered
113
Square
Feet
11 Feet
3049
Albertson's
East Edge
53
Square
Feet
10%2 Feet
•
3201
Hungry Tiger
East Edge
35
Square
Feet
32 Feet
none
Hungry Tiger Parking
West Edge
30
Square
Feet
5 Feet
3321
Loft Antiques
East Edge
25
Square
Feet
none
3419
CDM Travel
Centered
52
Square
Feet
none
3535
Custom Shade & Drapery
West Edge
25
Square
Feet
5 Feet
3601
Sea Lion Realty
Centered
159
Square
Feet
none
3617
Oriental Rug Gallery
Centered
127
Square
Feet
102 Feet
3637
Boyd Realtors
Centered
117
Square
Feet
102 Feet
none
Five Crowns Parking
East Edge
40
Square
Feet
5 Feet
none
Five Crowns Parking
East Edge
63
Square
Feet
102 Feet
SIDEWALK REPLACEMENT
SCHEDULE
(WESTBOUND)
3732
Vans Tennis Shoes
Centered
114
Square
Feet*
30 Feet
3700
Arco -Shell
South Edge
30
Square
Feet
none
3536
Villa Sweden
West Edge
36
Square
Feet
7 Feet
3520
La Strada
Centered
126
Square
Feet
32 Feet
3500
Newport Floor Coverings
Centered
60
Square
Feet
15 Feet
3446
Coco's Restaurant
Centered
132
Square
Feet
27 Feet
3426
Country Life Interiors
East Edge
75
Square
Feet
12 Feet
3334
Snip 'N' Stitch
East Edge
41
Square
Feet
none
•
3300
Bank of America
Centered
144
Square
Feet
14 Feet
3244
La Cantina Liquor
East Edge
85
Square
Feet
112 Feet
3224
The Quiet Woman
Centered
85
Square
Feet
none
3200
Dummit Cleaners
Centered
48
Square
Feet
10 Feet
3140
Brentwood Savings
Centered
223
Square
Feet
46 Feet
3100
Mobil
East Edge
70
Square
Feet
112 Feet
3050
Puffins
Centered
114
Square
Feet
30 Feet
3024
Purdues Tux
East Edge
24
Square
Feet
4 Feet
2948
Corona del Mar Kennel
East Edge
36
Square
Feet
6 Feet
2920
The Place
Centered
140
Square
Feet
33 Feet
2620
Senor Hair Design
Centered
89
Square
Feet
23 Feet
* Including portions
of drive apron
RESOLUTION NO. L0 U 'Ili
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH AWARDING A CONTRACT
(NO. C -2266) TO B -1 ENTERPRISE CORPORATION IN
CONNECTION WITH SIDEWALK REPLACEMENT
WHEREAS, pursuant to the notice inviting bids for work
in connection with reconstruction of curb and sidewalk along
Pacific Coast Highway between Avocado and Poppy Avenues and the
plans and specifications heretofore adopted, bids were received
on the 29th day of June, 1981 at 11:00 a.m., and publicly opened
and declared; and
WHEREAS, it appears that the lowest responsible bidder
therefor is B -1 ENTERPRISE CORPORATION.
NOW, THERFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that the bid of B -1 ENTERPRISE
CORPORATION in the amount of $11,391.65 be accepted, and that the
contract for the described work (Contract No. C -2260) be awarded
to said bidder; and
BE IT FURTHER RESOLVED that the Mayor and City Clerk
are hereby authorized and directed to execute a contract in
accordance with the specifications, bid and this award on behalf
of the City of Newport Beach, and that the City Clerk be directed
to furnish an executed copy to the successful bidder.
ADOPTED this day of JUL 14 , 1981.
ATTEST:
City Clerk
Mayor
HRC /pr
7/14/81
THE NEWPORT ENSIGN
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange,
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years,
and not a party to or interested in the above- entitled
matter. I am the principal clerk of the printer of the
Newport Harbor Ensign newspaper of general circula-
tion, printed and published weekly in the city of
Newport Beach, County of Orange, and which news-
paper has been adjudged a newspaper of general
circulation by the Superior Court of the County of Or-
ange, State of California, under the date of May 14,
1951, CASE NUMBER A -20178 that the notice, of
which the annexed is a printed copy (set in type not
smaller than nonpareil) has been published in each
regular and entire issue of said newspaper and not in
any supplement thereof on the following dates to -wit:
............... June..10. r ..19$1... .
I certify (or declare) under penalty of perjury that the
foregoing is tJue and correct. Dated at Ijewport
Beach, Califor', /,}'k'a, thisl O day of Junpl9 1
i
Signature
THE NEWPORT ENSIGN
2721 E. Coast Hwy., Corona del Mar, California 92625.
This space'is for the County Clerk's Filing Stamp
A
Notice
Proof of Publication of
#2266
PROOF OF PUBLICATION 7- 409SNG -0
a4M 1s
MEN"
N tN g 1�t31
TO: CITY COUNCIL fy ow �$§ 1
cart 0 wont 004h
FROM: Public Works Department
n1
June 8, 1981
CITY COUNCIL AGENDA
ITEM N0. F- /(.
SUBJECT: SIDEWALK REPLACEMENT ALONG PACIFIC COAST HIGHWAY IN CORONA DEL MAR
(C -2266)
RECOMMENDATIONS:
1. Approve the bid documents.
2. Authorize the City Clerk to advertise for bids to be opened
at 11:00 A.M. on June 29, 1981.
DISCUSSION:
Street tree roots under curb and sidewalk along Pacific Coast Highway
between Avocado Avenue and Poppy Avenue have uplifted, displaced and broken
approximately 4,600 square feet of sidewalk and 10 linear feet of curb and
gutter. The City has received requests from Corona del Mar merchants and the
State Department of Transportation that sidewalk repairs be performed. Staff
has submitted a $20,000 appropriation item for such work in the 1981 -82
budget, and wishes to promptly award a contract in July so that work will be
completed prior to the City's 75th anniversary.
Included in this contract are 49 locations where panels of sidewalk
are to be replaced and 2 locations where curb and gutter is to be replaced.
The contractor will also remove all street tree roots which have been exposed
by sidewalk removals. The tree root removal should preclude future uplifting
of sidewalk panels which are being replaced by this contract.
It should be noted that this work is not intended to provide replace-
ment or cosmetic treatment of Corona del Mar sidewalks which (1) have been pre-
viously patched, (2) are finished in a variety of textures and colors, or (3)
are broken due to settlement or other causes. Nor will this work restore
Pacific Coast Highway curb faces to their original heights; or preclude future
uplift or displacement in sidewalk panels which are not being replaced by this
contract.. .
The State Department of Transportation has ruled that inasmuch as the
work is maintenance related, their permit will not be required.
Bid documents have been prepared by the Public Works Department. The
Engineer's estimate is $14,000. $14,000. All work should be completed during August.
Benjamin B. Nolan
Public Works Director
LRD:jd