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HomeMy WebLinkAboutC-2266 - Replace Uplifted Sidewalk & Curb in Corona del Mar3 CITY OF NEWPORT BZACH P.O. BOX 1768, NEIVPORT BEACH, CA 92663 -3884 OFFICE OF THE CITY CLERK (714) 649 -2251 July 22, 1982 J_2. Garza Construction 15520 Tezmoat Ave. Paramount, CA. 90723 Subject: .Surety: Tremnai 7ndemaity Co. Bonds No_: B209437 'Project: Pacifie Coast f?Shvrsy sidewalk -repiaceasmst Contract No.: C -2266 The City Council on June 14, 1982 accepted the work of subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been recorded. The Notice of .Completion was recorded with the Orange County Recorder on July 6, 1982, Reference No. 82- 232550. Please wtify yomr surety co. that the bonds may be released 35 days after this recording date. Sincerely, . 'Wanda E. Andersen City Clerk WEA;lr cc: Public Works 3300 Newport Boulevard, Newport Beach EXF,�VIPT 82-X132550 Please return to 8 2- X13 2 5 5 0 City Clerk City of Newport Beech REOORDED IN OFFICUL RECORDS 3300 Newport Blvd of owwRCE coD>frr, CALIFDRN{A P.O. Box 1768 '1 s5 PM JUL b '82 Newport Beaatr, CA 92663 -.$W NOTICE. OF COMPLETION PUBLIC WORKS LEE k BRANCH, Coun Warder Un WU t�aVv9i 10 All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE, TAKE NOTICE that on June 14 1982 _ the Public Works project consisting of pacific Coast Highway in Corona del Mar sidewalk replacement (C -2266) on which J. T. Garza Construction, 15520 Vermont Ave., Paramount, CA 90723 was the contractor, and Fremont Indemnity Co., was was completed. CITY OP � ( NEWPORT BEACH, CALIF. JUL 21 1982 � RECEW I, reigned, say: A Y OFNEWPORT BEACH is Works Director VERIFICATION I am the Public Works Director of the City of Newport Beach; the foregoing Notice of Completion is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on June 21, 1982 at Newport Beach, California. Publi Works Director VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Newport Beach; the City Council of said Gity on June 14, 1982 accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on June 21, 1982 at Newport Beach, California. C ty Clerk June 22, 1982 _J 0 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92663 -3884 OFFICE OF THE CITY CLERK (714) 640 -2251 Lee Branch County Recorder P.O. Box 238 Santa Ana, CA 92702 Dear Mr. Branch: Attached for recordation is Notice of Completion of Public Works project consisting of sidewalk replacement along East Cost Highway in Corona del Mar, Contract No. 2266 on which J.T. Garza was the contractor and Fremont Indemnity Company was the surety. Please record and return to us. Sincerely, /2 aCt Wanda E. /Andersen City Clerk L W33i7 attach. 3300 Newport Boulevard, Newport Beach June 14, 1982 YA CITY COUNC�IL AGENDA ITEM NO. F — JUN 14 1982 T0: CITY COUNCIL Ir the CITY COUNCIL FROM: Public Works Departmentom OP NG1NW IiliW SUBJECT: ACCEPTANCE OF SIDEWALK REPLACEMENT ALONG:EAST COAST HIGHWAY IN CORONA DEL MAR (C -2266) RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after Notice of Completion has been filed. . DISCUSSION: The contract for the replacement of damaged portions of .the side- walk along East Coast Highway in Corona del Mar has been completed to the satisfaction of the Public Works Department. The bid price was $12,460.00 Amount of unit price items constructed 13,690.00 Amount of change orders. 1,230.00 Total contract cost $13,690.00 Funds were budgeted in.the General Fund To help prevent wrong -way traffic on Hazel Drive, a small traffic island was constructed just northerly of Coast Highway. A change order was issued to cover the cost of this work. The increase in unit price items con- structed was due to the replacement of three badly deteriorated curb returns at streets intersecting Coast Highway. The design engineering was performed . by the Public Works. Department. The contractor is J. T. Garza Construction, Inc., of Paramount. The contract date of pleted by May 14, 1982. if Benjamin B. Nolan Public Works Director GPD:jd completion was May. 22, 1982. All work was com- CITY OF NEWPORT BEACH DATE: April 9, 1982 TO: FINANCE DIRECTOR PUBLIC WORKS FROM: City Clerk SUBJECT: Contract No. 2266 OFFICE OF THE CITY CLERK (714) 640 -2251 cj" f�rqmte �1Q�sz Description of Contract Pacific Coast Highway in Corona del Mar sidewalk replacement Effective date of Contract April 8, 1982 Authorized by Resolution No. Min. Act., adopted on Mar. 22, 1982 Contract with 1,T. Garza Construction Address 15520 Vermont Avenue Paramount, CA 90723 Amount of Contract $12,460.00 Wanda E. Andersen City Clerk WEA: I City Hall. • 3300 Newport Boulevard, Newport Beach, Califomia 92663 9 0 "I am aware of and will comply with Section 3700 of the Labor Code, requiring every employer to be insured against liability for.Workers' Compensation or to undertake self- insurance before commencing any of the work." - - YZI Date CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the- to of the City Clerk, 3300 Newport Boulevard, Newport.:. ' CA 92663 until 3:00 P. M. on the llth day of March at which time such Ms shall be opened and reaQ for SIDEWALK REPLACEMENT ALONG �I e 2266 Contract No. Eng neer s Estimate Approved by the City Council this And d r� Fe ay of February , 1982. Wanda E. Andersen City Clerk Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663. For further information, call Stephen Luy at 6404281. Project Engineer 1 CITY OF NEWPORT BEACH 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: PR 1 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: 1. 4,760 Replace sidewalk Square Feet @ Two Dollars and Fifty Cents Per Square Foot 2. 10 Replace curb and gutter Linear Feet @ Twenty Dollars and No Cents Per Linear Foot 600 Sawcut Concrete Linear Feet @ No Dollars and Sixty Cents Per Linear Foot TOTAL PRICE WRITTEN IN WORDS: i 1NNN11RXR1VV0i 11 i ll l� ljqll Twelve Thousand Four Hundred Sixty Dollars and No Cents $_ 12'460.00 319329 A Contractor's Lic. No. & Classification J. T. Garza Construction Inc. Bi er March 11, 1982 Date 15520 Vermont Avenue, Paramount, CA 90723 Bidders Address S /Frank J. Garza, Vice President Authorized Signature /Title 213) 634 -8232 8 i d —.Tars Telephone Number • • Page 2 INSTRUCTIONS TO BIDDERS 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. 319329 A Contr's Lic. No. & Classification March 11, 1982 Date J. T. Garza Construction Inc. S /Frank J. Garza, Vice President Authorized Signature /Title • • 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. None 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12, J. T. GARZA CONSTRUCTION INC. Bidder S /Frank J. Garza, Vice President Authorized Signature Tit e ! ORIGINAL SEE CITY CLERK'S FIAOPY Page 4 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, J. T. GARZA CONSTRUCTION INC. , as bidder, and FREMONT INDEMNITY COMPANY , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten Percent of Total 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 IS SUCH, That if the proposal of the above bounden bidder for the construction of SIDEWALK REPLACEMENT ALONG PACIFIC COAST HIGHWAY IN CORONA DEL MAR 2266 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 10th day of March , 1982. (Attach acknowledgement of Attorney -in -Fact) Barbara J. Bender Notary Public Commission expires June 15, 1984. J. T. Garza Construction Inc. Bidder S /Frank J. Garza, Vice President Authorized Signature /Title FREMONT INDEMNITY COMPANY Surety By S /Owen M. Brown Title Attorney-in -Fact • . Page 5 NON- COLLUSION AFFIDAVIT 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. J. T. Garza Construction Inc. Bidder S /Frank J. Garza, Vice President Authorized Signature /Title Subscribed and sworn to before me this loth day of March 1982 . My commission expires: June 15, 1984 S /Barbara J. Bender Notary Public a Page 6 FDR ORIGINAL SEE CITY CLERK'S FILE 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. J. T. GARZA CONSTRUCTION INC. idder S /Frank J. Garza, Vice President Authorized Signature /Title S• 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 1QR1 City of Rancho Palos Verdes Carl Able (213) 377 -0360 1981 City of Fountain Valley Bill Ault (714) 963 -8321 1981 City of West Covina Thomas Mayer (213) 962 -8631 1981 City of Cyprecc Jim Gorin (714) 828 -2200 J. T. GARZA CONSTRUCTION INC Bidder S /Frank J. Garza. Vice President Authorized Signature /Title 0 ! Page 8 NOTICE The following are samples of contract documents which shall be completed and executed by the successful bidder after he receives letter of award from the City of Newport Beach: PAYMENT BOND (pages 9 & 10) FAITHFUL PERFORMANCE BOND (pages 11 & 12) CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 13, 14, 15) CONTRACT (pages 16 & 17) Since 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 sub- mission of bid. BONDING COMPANIES shall be acceptable as sureties in accordance with the latest revision of Federal Register Circular 570. INSURANCE COMPANIES shall be assigned Policyholders' Rating B (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Ra�tin_? Guide: Property- Casualty. Coverages shall be provided for ES OF INSURANCE checked on the CERTIFICATE OF INSURANCE. All costs associated with the specifications of these contract documents shall be absorbed in the bid. Such specifications shall include those contained in (1) each contract document and (2) the Standard Specifications for Public Works Construction (latest edi- tion adopted for use in the City of Newport Beach), except as supplemented or modified by the Special Provisions for this project. tZ BOND NO. B209437 Page 9 EXECUTED IN FOUR PARTSr PREMIUM FOR THIS BOND INCLUDED IN CHARGE FOR PERFORMANCE BOND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the C` ':.Newport Beach, State of California, by motion adopted March 22, 1982, has awarded to J. T. GARZA CONSTRUCTION INC. hereinafter designated as the "Principal ", a contract for J cOrY DA SyyR in the City of Newport Beach, in strict conformity with the Drawings and SpECifi0 cations and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his or its subcontractors, shall fail to pay for any materials, provisions, provender, or other supplies or teams used in, upon, for, or about the per- formance 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 J. T. GARZA CONSTRUCTION, INC. as Principal, and FREMONT INDEMNITY COMPANY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of SIX THOUSAND, TWO HUNDRED THIRTY AND NO /100THS- --------- iiollars $6.230.00 said sum being one -half 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 presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his subcontractors, fail to pay for any materials, provisions, provender, or other supplies or teams, 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, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the Court as required by the Provisions of Section 4204 of the Government Code of the State of California. This bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon 'r 0 0 Page 10 Payment Bond (Continued) this bond, as required by the Provisions the State of California. of rX205 of the Government Code of And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this.bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications, In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 29TH day of MARCH , 1982 Approved as.to form: y City Attorney J. T. GA ONSTRU TION, INC. (Seal) Name o C racto C BY - Au zed Sfigr�affiuW a7ndAtle Frank J. Garza, Vice P e tent• - ut orized Signature and Title FREMONT INDEMNITY COMPANY (Seal Name of Surety 1709 W. Stn 8 reet s Anc les, CA- 50017 Address yr y BY: S ture a T le of Authorized Agent OWEN M. BROWN, Attorney -in -Fact 1717 E. Lincoln, Ste. 200, Anaheim, CA 92805 dress of Agent (714) 956 -4603 Telephone No, of Agent - •,�/ s v _moo r I N ƒ ( j \ z� ¥ ) CLo { ƒ(! \ \ \\ �(\ <!�(\ } \2 \ \ }\ � \} \ /�\ \\ \� \ J / \ RF / ) 7fk $0 ƒ � k) \ § \ p BOND NO. B209437 EXECUTED IN FOUR PARTS PREMIUM: $75.00 1 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That • Page 11 WHEREAS, the.City Council of the City of Newport Beach, State of California, by motion adopted March 22 1982 has awarded to J. T_ GAR7A CONSTRUCTION INC. hereinafter designated as the "Principal ", a contract for SIDEWALK REPLACEMENT ALONG PACIFIC COAST HIGHWAY IN CORONA DEL MAR in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, J. T. GARZA CONSTRUCTION, INC. as Principal, and FREMONT INDEMNITY COMPANY as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of TWELVE THOUSAND, FOUR HUNDRED SIXTY AND NO /100THS---------- -Dollars ($ 12,460.00 ), said sum being equal to 100% of the estimated amount of the contract, to be paid to the said City or its certain attorney, 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 presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, con- ditions, and agreements in the said contract and any alteration thereof made as therein provided on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice 0 i Page 12 Faithful Performance Bond (Continued) of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 29TH day of MARCH , 19 82 Approved as to form: City Attorney J. T. GARZA BY: INC. Frank J. Garza, Vice Authorized Signature and Title (Seal.) i. 'r 's do 't FREMONT INDEMNITY COMPANY - (Seal Name of Surety ^ 1709 W. Stn St., Los Angeles, CA 90017 ddress of Surety BY: gna OWEN M. BROWN, 1717 E. Lincoln, Ste 200, Anaheim, CA 92805 Address of Agent (714) 956 -4603 Telephone No. of Agent 0 0 i N C z G G a o OD C, $ m G G I a � z tV a pWp o w b � �a x ow z U o fs. ^ O 0 o G F - O F o � U 3z a G C y MO 4 o y.o� ^GO.O EoU" b.u.c v i p �w Ob vro�y� y ll O N G O E'. El m � F � v y yC,iC� O v� v v v V Y y C O r 0 C O G v 0 0 r: z 2 I C U w O L 4J w v G G V 7 a 0 7 • CERTIFICATE OF INSURANCE • Page 13 City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NAME AND ADDRESS OF INSURED J. T. GARZA CONSTRUCTION, INC. 15520 INSURANCE COMPANIES AFFORDING COVERAGES Company A THE YASUDA FIRE & MARINE Letter INSURANCE COMPANY OF AMERICA Company B Letter Company C Letter Company D Letter Company E Letter 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). NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. 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 City of Newport Beach by /�e ."il, attention: Public Works Department. By: ��.f� %�� %�� Agency: OWEN M. BROWN INSURANCE Autharized Representative 3 -29 -82 OWEN M. BROWN Date Issued Description of operations /locations /vehicles: All operations performed for the City of Newport Beach by or on behalf of the named insured in connection with the following designated contract: SIDEWALK REPLACEMENT ALONG PACIFIC COAST HIGHWAY IN ORONA Project 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. m Policy LIMITS OF LIABILITY IN THOUSANDS 000 COMPANY TYPES OF INSURANCE Policy Exp. g. ro uc s LETTER COVERAGE REQUIRED No. Date Each Completed Occurrence 0 erations A GENERAL LIABILITY x Comprehensive Form x Premises - Operations x Explosion & Collapse Hazard YPB 170760 11-7-82 Bodily Injury Property Damage $ $ $ $ x Underground Hazard x Products /Completed Operations Bodily Injury Hazard and Property x Contractual Insurance Damage Combined $500* Soo* x Broad Form Property Damage x Independent Contractors x Personal Injury Marine Personal Injury $ Aviation AUTOMOTIVE LIABILITY Q Comprehensive Form YPB 170760 11 -7 -82 Bodily Injury Each Person $ ❑x Owned $ Bodily Injury Each Occurrence ❑x Hired Pro ert ama e ❑x Non -owned Bodily Injury and Property Damage Combined $500* EXCESS LIABILITY *(REFER 90 EXCESE CERTIFIZATE FOR HIGHER LI TS) Bodily Injury ❑ Umbrella Form ❑ Other than Umbrella Form and Property Damage Combined $ $ WORKERS' COMPENSATION Statutor and EMPLOYER'S LIABILITY ac Accident) NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. 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 City of Newport Beach by /�e ."il, attention: Public Works Department. By: ��.f� %�� %�� Agency: OWEN M. BROWN INSURANCE Autharized Representative 3 -29 -82 OWEN M. BROWN Date Issued Description of operations /locations /vehicles: All operations performed for the City of Newport Beach by or on behalf of the named insured in connection with the following designated contract: SIDEWALK REPLACEMENT ALONG PACIFIC COAST HIGHWAY IN ORONA Project 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. m • 6 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. ( ) Multiple Limits Bodily Injury Liability Property Damage Liability (Xx) Single Limit Bodily Injury Liability and Property Damage Liability Combined S each occurrence each occurrence 8500,000* each occurrence *(REFER TO EXCESS CERTIFICATE FOR HIGHER LIMITS) 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. SIDEWALK REPLACEMENT ALONG PACIFIC COAST HIGHWAY IN 5. Designated Contract: CORONA DEL MAR — CONTRACT NO. 2266 -- (Project Title and Contract No.). This endorsement is effective 3-29 -52 at 12:01 A.M. and forms a part of Policy No. YPB 170760 Named Insured J. T. GARZA CONSTRUCTION, INC. Enllorseme0#rNo. THE YASUDA FIRE & MARINE Name of Insurance CompanyiNs._CO. OF AMERICA By orizea/Representative OWEN M. BROWN • • Page 15 CITY OF NEWPORT BEACH COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: 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 each occurrence Bodily Injury Liability $ 500,000* each occurrence and *(REFER TO EXCESS CERTIFICATE FOR HIGHER LIMITS) 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 SIDEWALK REPLACEMENT ALONG PACIFIC COAST HIGHWAY IN 7. Designated Contract: CORONA DEL MAR — CONTRACT NO. 2266 Project Title and Contract No. This endorsement is effective 3 -29 -82 at 12:01 A.M. and forms a part of Policy No. YPB 170760 Named Insured J. T. GARZA CONSTRUCTION, INC. THE YASUDA FIRE & MARINE Name of Insurance Company INS, CO. OF AMERICA By No. :rzea Representative OWEN M. BROWN City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NAME AND ADDRESS OF INSURED J. T. GARZA CONSTRUCTION, INC. CA .90723 CERTIFICATE OF INSURANCE Page 13 INSURANCE COMPANIES AFFORDING COVERAGES Company A Letter Company B MISSION NATIONAL INSURANCE COMPANY Letter Company C Letter Company D Letter Company E Letter 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 TYPES OF INSURANCE Policy Policy Exp. LIMITS OF LIABILITY IN THOUSA DS 00 g. ro uc s LETTER COVERAGE REQUIRED No. Date Each Completed Occurrence Operations GENERAL LIABILITY Comprehensive Form Bodily Injury $ $ Premises - Operations Property Damage $ $ Explosion & Collapse Hazard Underground Hazard Products /Completed Operations Bodily Injury Hazard and Property Contractual Insurance Damage Combined $ $ Broad Form Property Damage Independent Contractors Personal Injury Marine Personal_ Injury . ___ __ $ Aviation AUTOMOTIVE LIABILITY (] Comprehensive Form - Bodily Injury Each Person [] Owned $ Bodily injury Each Occurrence G Hired ProeertX ama Bodily injury an Property Damage Combined $ G Non -owned EXCESS LIABILITY *(REFER TO PRI RY CERTIFICATE FOE LOWER LIMITS) 11_7 -52 Bodily Injury *IN and Property Damage Combined EXCESS OF $ 500* B 1x Umbrella Form [] Other than Umbrella Form MN 00 11 46 PRIMARY $ 500* WORKERS' COMPENSATION Statutor and EMPLOYER'S LIABILITY ac Accident) NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. 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 City of Newport Beach by r st ttention: Public Works Department. By: �'� Agency: OWEN M. BROWN INSURANCE _ Authorized Representative 3 -29 -82 OWEN M. BROWN Date Issued Description of operations /locations /vehicles: All operations performed for the City of Newport Beach by or on behalf of the named insured in connection with the following designated contract: SIDEWALK REPLACEMENT ALONG PACIFIC COAST HIGHWAY IN CORONA DEL MAR — CONTRACT NO. 2266 (Project Title and Contract Number) This certificate or verification of nsurance 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. m • • Page 16 CONTRACT THIS AGREEMENT, entered into this - day of �, by and between the CITY OF NEWPORT BEACH, hereinafter "city, and , hereinafter "Contractor, "is made with reference to the following facts: (a) City has heretofore advertised for bids for the following described public work: SIDEWALK REPLACEMENT ALONG PACIFIC COAST HIGHWAY IN e DEL MAR 2266 Contract No. (b) Contractor has been determined by City to be the lowest responsi- ble bidder on said public work, and Contractor's bid, and the compensation set forth in this contract, is based upon a careful examination of all plans and specifications by Contractor, NOW, THEREFORE, the parties hereto agree as follows: 1. Contractor shall furnish all materials and perform all of the work for the construction of the following described public work: SIDEWALK REPLACEMENT ALONG PACIFIC COAST HIGHWAY IN CORONA DEL MAR 2266 Title of Project Contract No. which project is more fully described in the contract documents. Contractor shall perform and complete this work in a good and workmanlike manner, and in accordance with all of the contract documents. 2. As full compensation for the performance and completion of this work as prescribed above, City shall pay to Contractor the sum of This compensation inclu es any loss or amage arising from the nature of the work; (2) any loss or damage arising from any unforeseen difficulties or obstruc- tions 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. 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated herein by reference as though set out in full and include the following: (a) Notice Inviting Bids (b) Instruction to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and endorsement(s) I • . Page 17 (f) Plans and Special Provisions for iitie or Project Contract No (g) This Contract. i 4. Contractor shall assume the defense of, and indemnify and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, except such loss or damage proximiately caused by the sole negligence of City or its officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. ATTEST: x rl/ /% S /_ /Ij /- i. /�iL APPROVED AS TO FORM: 14 # City Attorney CITY OF NEWPORT BEACH By CITY BY . Its CONTRACTOR i, CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX TO SPECIAL PROVISIONS FOR SIDEWALK REPLACEMENT ALONG PACIFIC COAST HIGHWAY IN CORONA DEL MAR CONTRACT NO. 2266 SECTION I. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . 1 II. AWARD AND EXECUTION OF THE CONTRACT . . . . . . . . . 1 III. TIME OF COMPLETION . . . . . . . . . . . . . . . . . . 1 IV. PAYMENT . . . . . . . . . . . . . . . . . . . . . . . 1 V. DISPOSAL PERMIT . . . . . . . . . . . . . . . . . . . 1 VI. TRAFFIC CONTROL AND ACCESS . . . . . . . . . . . . . . 2 A. "NO PARKING" SIGNS . . . . . . . . . . . . . . . . 2 B. "FLASHING ARROW" SIGNS . . . . . . . . . . . . . . 2 VII. WATER . . . . . . . . . . . . . . . . . . . . . . . . 3 VIII. CONSTRUCTION DETAILS . . . . . . . . . . . . . . . . . 3 A. SIDEWALK REPLACEMENT . . . . . . . . . . . . . . . 3 B. CURB AND GUTTER REPLACEMENT . . . . . . . . . . . 3 C. SAWCUTTING CONCRETE . . . . . . . . . . . . . . . 3 D. ROOT REMOVAL . . . . . . . . . . . . . . . . . . 3 E. TREE WELLS . . . . . . . . . . . . . . . . . . 3 F. LIMITATIONS ON CONSTRUCTION . . . . . . . . . . 3 G. MISCELLANEOUS . . . . . . . . . . . . . . . . . 4 II III. IV. L] CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS SIDEWALK REPLACEMENT ALONG 0 SP 1 of 4 PACIFIC COAST HIGHWAY IN CORONA DEL MAR CONTRACT NO. 2266 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 wit h and work necessary for the completion of this contract shall be done in accordance (1) these Special Provisions, (2) the City's Standard Special Provisions supplements t Drawings may Copies of the 3055 Overland Drawings for Public Works Construction 1980 Edition), and the ifications for Public Works Construction (1979 Edition), including 6'--date. Copies of the Standard Special Provisions and Standard be purchased at the Public Works Department for Five Dollars ($5). Standard Specifications may be purchased at Building News, Inc., Avenue, Los Angeles, CA 90034. 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. TIME OF COMPLETION The Contractor shall complete all work on this contract twenty (20) calendar days after commencement of the specific work or within sixty (60) calendar days after award of contract, whichever comes first. No work shall begin until a schedule of work has been approved by the engineer. PAYMENT The unit or lump compensation for complete the work proposal shall be V. DISPOSAL PERMIT sum price for items,of work labor, equipment, materials Incidental items of work included in the unit price shown in the proposal shall be full and all other things necessary to not separately described in the bid for the various items of work. Prior to dumping any excess or waste material from the job site at any County sanitary landfill site in the County of Orange, the Contractor may obtain a "Permit to Dispose of Demolition" from the City's Public Works Department at (714) 640 -2281. There is no charge for this permit. VI. TRAFFIC CONTROL AND ACCESS The Contractor shall provide traffic control and access in accordance with California Department of Transportation (CalTrans) Standard Specifications, and the "Manual of Traffic Controls - Warning Signs, Lights, anc DI evices For Use In Performance of Work Upon Highways" published by CalTrans. The Contractor may close a traffic lane only between the hours of 9 A.M. and 3 P. M. A. "NO PARKING" Signs The Contractor shall furnish, install, and maintain in place "NO PARKING" signs ( even if streets have posted "NO PARKING" signs ) which he shall post at least 48 hours in advance of the need for enforcement. The signs shall (1) be made of white or buff card stock; (2) have minimum dimensions of 15 inches wide and 18 inches high; (3) be lettered in red except for the day and date of work; and (4) conform to the dimensions shown as follows: TEMPORARY_' NO PARKING fml TOW AWAY 6 A.M TO ZONE . Ts 6 PM. -T 2 C.V.C. 22652 B4 NEWPORT BEACH POLICE DEPT. 673 -22 11 B. "FLASHING ARROW" SIGNS The Contractor shall furnish and install "Flashing Arrow" signs, per CalTrans' Sta�nda�rdd Specifications Section 12 -3.03, should the Contractor choose to c osl e a traffiIf 1'— ane. • • SP3of4 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 arrangements 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 may be 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. All replacement curb and gutter shall match existing curb and gutter. C. SAWCUTTING CONCRETE 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 no additional cost to the City. 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 contiguous area of sidewalk and curb 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 no additional cost to the City. 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. F. LIMITATIONS ON CONSTRUCTION To minimize curbside parking disruption and pedestrian inconvenience, the Contractor shall not have more than one thousand (1,000) square feet of side- walk under construction at any one time, exclusive of sawcutting. Sidewalk shall be reopened to pedestrians only on the day following its placement. Sidewalks subject to vehicle loads shall be barricaded during cure and reopened to vehicles on the 5th day following its placement. . SP4of4 G. MISCELLANEOUS CONSTRUCTION The Contractor shall also remove and reinstall three (3) water meter vaults to grade at their original locations. The cost of removing, reinstalling and adjusting the above shall be included in the cost to replace sidewalk. STREET NO. S ALK REPLACEMENT SCHEDULE BUSINESS NAME POSITION OF (EASTAD) NET SIDEWALK LENGTH OF TREE WELL REPLACEMENT SAWCOTTTNG •__2T77_____Vacant Lot 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 186 Square Feet 36 Feet 2407 Rothschild West Edge 55 Square Feet none 2515 Cole of Newport Centered 330 Square Feet 14 Feet none Sherman Gardens Parking Centered 126 Square Feet 26 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 162 Square Feet none 2853 Newport Beach Travel West Edge 25 Square Feet 11 Feet 2915 Scenic Property West Edge 25 Square Feet none none Colonel Sanders East Edge 30 Square Feet 12 Feet 2937 Holiday House Liquor Centered 58 Square Feet 17 Feet none Albertson's Parking Centered 35 Square Feet 17 Feet none Albertson's Parking Centered 113 Square Feet 11 Feet 3049 Albertson's East Edge 53 Square Feet 102 Feet 3201 Hungry Tiger Centered 70 Square Feet 102 Feet none Hungry Tiger Parking West Edge 30 Square Feet 5 Feet 3321 Loft Antiques East Edge 25 Square Feet none 3419 CDM Travels 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 10; Feet none Five Crown Parking East Edge 40 Square Feet 5 Feet none Five Crown Parking East Edge 63 Square Feet IN Feet SIDEWALK REPLACEMENT SCHEDULE (WESTBOUND) 3732 Boswell's Gallery of Art 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 160 Square Feet 32 Feet 3500 Newport Floor Coverings Centered 80 Square Feet 18 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 Dumnit Cleaners Centered 48 Square Feet 10 Feet 3140 Brentwood Savings Centered 190 Square Feet 43 Feet 3100 Mobil East Edge 85 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 60 Square Feet 16 Feet 2920 The Place Centered 140 Square Feet 33 Feet 2712 Dale Fahrney & Assocs. East Edge 25 Square Feet 5 Feet 2620 Senior Hair Design Centered 89 Square Feet 23 Feet * Including portions of drive apron ** Including removing and reinstalling water meter vaults ' March 22, 1982 wri A CITY COUNCIL AGENDA ITEM NO. MAR 2 2 1982 TO: CITY COUNCIL By the CITY COUNCIL CM, OF NAWPW MACH FROM: Public Works Department SUBJECT: SIDEWALK REPLACEMENT ALONG PACIFIC COAST HIGHWAY IN CORONA DEL MAR (C -2266) RECOMMENDATION: Award Contract No. 2266 to J. T. Garza Construction, Inc., for $12,460 and authorize the Mayor and the City Clerk to execute the contract. DISCUSSION: At 3:00 P.M. on March 11, 1982, the City Clerk opened and read the following bids for this project: Bidder Bid Amount Low Benchmark Bldg. Co. $11,422.00 2. J. T. Garza Construction 12,460.00 3. Arm and Hammer Construction 12,550.00 4. Nobest, Inc. 12,748.00 5. Dunlop Concrete Construction 13,821.20 6. D. W. Contracting 13,890.00 7. De Armond Construction 14,020.00 8. California - Western 14,537.60 9. Langston Construction 14,884.50 10. Gabi Construction Co. 15,430.00 11. Damon Construction 16,460.00 12. John Jezowski 17,698.00 The low bidder's proposal was not responsive to the bid require- ments since he did not have the proper contractor's license to bid the contract. The low bidder holds a "B" license and an "A" or "C -8" license if necessary to bid the contract; therefore, his bid has been removed from consideration. 0 0 March 22, 1982 Subject: Sidewalk Replacement along Pacific Coast Highway in Corona del Mar (C -2266) Page 2 The second low bid is 11% below the Engineer's estimate of $14,000. Adequate funds are provided under Budget No. 02- 3397 -230. J. T. Garza Construction, Inc., the second low bidder, has not performed previous contract work for the City. However, a check of refer- ences has indicated that J. T. Garza is a well qualified contractor who has successfully completed similar projects for other Southern California agencies. The project provides for the removal and reconstruction of side- walk and curb uplifted by tree roots and the removal of the interfering tree roots. Approximately 4,760 square feet of concrete will be removed and reconstructed to conform with the elevations of existing improvements. Bid documents were prepared by the Public Works Department. All work should be completed by May 22, 1982. I _� a amin B. Nolan is Works Director SJL:jd j. CITY OF NEWPORT BEACH PR 1 • 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: 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 NO. QUANTITY AND UNIT ITEM DESCRIPTION UNIT PRICE WRITTEN WORDS UNIT PRICE TOTAL PRICE 1. 4,760 Replace sidewalk Square Feet @ Y"wo do I /ayes Dollars and ry Cents $ $ ! 900.00 Per Square Foot 2. 10 Replace curb and gutter Linear Feet @ Dollars and Cents $ -20. av $ ;Za0.ca Per Linear Foot 3. 600 Sawcut Concrete Linear Feet @ _'✓o Dollars and mix Cents $ x.60 $ 360•6z Per Line r Foot TOTAL PRICE WRITTEN IN WORDS: — TG,/c' ✓c i%?evs.¢vA ✓v( IV-✓•fdr -eq Dollars and .4✓3 �7i-;K7:y 1)a /41-4 S 'ya Ce-.Aj n Cents 3/93!9 A Contractor's Li c. &Classification $_ / -7, S/60 .0 0 i" .. _ J— //- Date :2.V 4/C_ �rl3idCn r i . Page 2 INSTRUCTIONS TO BIDDERS 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 1777.5 of the California Labor Code for all apprenticeable occupations. J3 9329 i4 .,/.7 �A�czv �SnsT,ev�i�ov �+v�. Contr's Lic. No. & Classification B' r� 2, Da to FRgnK ✓. �a�czA- y /CG ®Mlsi %3(ik/i i e • 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. �•�/E 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Bidder ithorized ign re T ,jesmK ,i, 6,o -.cL+r i KNOW ALL MEN BY THESE PRESENTS, and BIDDER'S BOND i� Page 4 as bidder, P, 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 i itie o Project, ; Contract No. in the City of�Zwport 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 WdTNESS WHEREOF, we hereunto set our hands and seals this �G z't day of . / . G 100_ STATE OF CALIFORNIA County of ORANGE ss. On this — 10TH _ day of __ MARCH , 19-82—, before me BARBARA J. BENDER _ a Notary Public, in and for the County and State aforesaid, residing therein duly commissioned and sworn, personally appeared OWEN M. BROWN_ `... eFac:A scar ? known to me to be the Attorney -in -Fact of Fremont Indemnity Company the ri BARBARA J. BENDER Corporation that executed the within instrument and also known to me to be the jARYPUB1ic cAUVO4r11 person who executed a within instrument on behalf of the Corporation therein ORANGE COUNTY i,' named and acknow d d to 9/h e that sub Co o hon executed the same. MY Carzn. EM; rs Jcn£ Notary Public in and for the State of California, Countv of ORANGE SUR GSO / \ \ \ / ! / \ \ 2 / B �) \® 2 O \ j { o MW \ m / \ A)i {�$ � \\ °00 \ \\\ \\ \\ - ©e \\ \\ ]\±3 2 \$a \ \m ,3z0 \e/) 2) \\ \E§\ R &! bi 7 j 0 \ \ ¥ -t , • KNOW ALL MEN BY THESE PRESENTS, and • BIDDER'S BOND Page 4 as bidder, , are held and firmly bound unto the City of Newport Beach, California, in the sum of �� •�ti • � _�' ,Z��,L' G•� -�.�— - — - -- 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 ..�.c.E.:_... -are. . .<....�. Li ..�vr <•c, �.:..,. l � A. ., I'.._�. ✓c,. --,•— .+�.2 G, ' itle o Project Contract No. .61. 85% �Yfl.��� i 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. .�N, TNESS WHEREOF, we hereunto set our hands and seals this day of 0,V_,kt , 19LL. (Attach acknowledgement of Attorney -in -Fact) Notary Public �"�'� J. FREMONT INDEMN-WhCOMPANY Commission expires Surety 1 By "WWBMWn Title ASmnev -In -Fact < . Page 5 NON- COLLUSION AFFIDAVIT 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 two„ efore.me this ��- day of�1 .t . , 192z. My comet' ion expire�js: ,�/ %i J ,7� 61>� 1661 A ., lYMlei7tl0 —. /. -'T �j/J�CZ.A t,�NS rR../ e7 '10A1 .c/C Bidder AutfiorizM'd Sign i:ure itle rfc4n 1� J. 6.o.e z r * PAuaco ' 441 l Notary ' Public ancuL eeu VJMM L lEMM ORRlilif+E COUNTY *Comm. Enure lane 15, 1461 • • j � 17 i • n U 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. : T lxiclop k J. i - j The undersigned to that proposed Year Completed_ For-Whom Page 7 TECHNICAL ABILITY AND EXPERIENCE REFERENCES submits herewith a statement of the work of similar character herein which he has performed and successfully completed. Performed (Detail) Person to Contact Telephone No. 19Cf/ C cF A;mc:a 1-44s ,Mle, 3 -77 -0360 1981 Ci r a F lF��i-yu -raI}},u l��r //e y �. It u✓� L�/ j q6 3 — P3 �/ 81 �i BF CaiW 96 Z Bidder utho d g ure/ tle • 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: February 24,19$2 .. .. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Newport Beach, California, this24 day of Febru *y 1982 Signature THE NEWPORT ENSIGN 2721 E Coast Hwy, Corona del Mar, California 92625. (? -a2a 6 6 This space is for the County Clerk's Filing Stamp A PUBLIC NOTICE NOTICE INVITING BIDS Proof of Publication of SIDEWALK REPLACEMENT ALONG PACIFIC COAST HIGHWAY IN CORONA DEL MAR PROOF OF PUBLICATION L' TO: CITY COUNCIL FROM: Public Works Department - aa�(p Februar�2, 1982 CITY COUNCIL AGENDA ITEM NO. i.do SUBJECT: SIDEWALK REPLACEMENT ALONG PACIFIC COAST HIGHWAY IN (C -2266) RECOMMENDATIONS: DISCUSSION: FEB ? 198? COUNCIL C; :y 07°' i': C °P,IPORT SiACH CORONA DEL MAR 1. Approve the plans and specifications. 2. Authorize the City Clerk to advertise for bids to be opened at 3:00 P. M. on March 11, 1982. Street tree roots under curb between Avocado Avenue and Poppy Avenue approximately 4800 square feet of sidew gutter. The City has received requests State Department of Transportation that appropriation of $20,000 is included in and sidewalk along Pacific Coast Highway have uplifted, displaced and broken ilk and 10 linear feet of curb and from Corona del Mar merchants and the sidewalk repairs be performed. An the current budget for the work. Included in this contract are 51 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. Bid documents have been prepared by the Public Works Department. The Engineer's estimate is $14,000. All work should be completed prior to May 15, 1982. Benjamin B. Nolan ' Public Works Director SJL:rb