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C-2461 - Seashore Drive Reconstruction West of Orange Street
TRANSMITTAL MEMO Case Name: Fountain Valley v. Lehigh et.al File Number: 80207 To: BOB BURNHAM City Attorney 3300 Newport Boulevard Newport Beach, California 92663 Enclosures: Copy .of Request for Dismissal Copy of Stop Notice Release Requested Action: For your files Very truly yours, Law Offices of BROWN & BROWN Professional Corporation Century City North Building Suite 2080 10100 Santa Monica Boulevard Los Angeles, California 90067 (213) 552 -1919 and (213) 879 -0131 BROWN & BROWN Professional Corporation By ' iiV✓L LYNN A. SHINMOTO LAS /agk Enclosures Name, Addnas and Telephone Nolworney(s) BROWN 6 BROWN PROFESSIONAL COR 10100 Santa Monica Boulevard Suite 2080 Los Angeles, California 90067 (213) 552 -1919 Pla Attorney(s) y(a) for ... ..........intiff . Plaintiff(s): spa" 0 I Use of Coen Clem Only MUNICIPAL ORANGE .......COURT OF CALIFORNIA, COUNTY OF .................... (SUPERIOR, MUNICIPAL, or JUSTICE) ORANGE COUNTY HARBOR JUDICIAL DISTRICT ................................... ............................... (Nally W Municipal or Justin Court Oletrin tX Of Oranch court, M any) FOUNTAIN VALLEY TRANSIT MIX, a corporation Defendant(s): J.R. LEHIGH, etc. et al CASE NUMBER 80207 REQUEST FOR DISMISSAL TYPE OF ACTION ❑ Personal Injury, Property Damage and WrwWfW Death: ❑ Motor Vehicle ❑ Other ❑ Domestic Relations M Eminent Domain ® Other. (SOee1ry) ,?ctian�0 Enforce Notice to withhold; Labor arr7 Material Bond; C;6cdz, Wares and Merchandise Sold and Delivered; TO THE CLERK: Please dismiss this action as follows: (Check applicable boxes.)n� Account; Account State 1. ® With prejudice ❑ Without prejudice 2. (@ Entire action ❑ Complaint only ❑ Petition only ❑ Cross- complaint only ❑ Other: (Specify)" Dated: .... October . . . .. 23 . , 1986 . . .............. .. ................... 'ti dismissal requested Is of specified parties only. of specified causes of anion only or of specified eroa►eomplaints only, so state end identity the Wien, causes of sefion of Croas Complalntl to be diamissed. BROWN 6 BROWN PROFESSIONAL CORPORATION Ati ey(s) for.. P1 intiff LYNN A. SHINMOTO (Type or print anomey(s) name(a)) TO THE CLERK: Consent to the above dismissal is hereby given." Dated: ............................................... "When a Cross- complaint (or Respones (Marriage) seeking affirms- five relief) Is on file, the anormy(s) for the cross-complainant (respondent) must sign Nis consent when required by CCP 581(1). (2) or (5), (To be completed by Went) Athwrwry(s) for .............. ............................... (Type or print attorney(*) name(s)) ODismissal entered as requested on .................................................... ............................... ❑ Dismissal entered on ........ .............................as to only .................. ............................... ❑ Dismissal not entered as requested for the following resson(s), and aftmnsy(s) notified on ... ............................... Clerk Dated................ ............................... By Deputy 6 e Form Adopted by Rule 881 of CCP Set, etc.; ® The Judicial Commit of California REQUEST FOR DISMISSAL CaL Rules of Court, Revised Effective July 1, 1972 Rule 1233 • 0 RELEASE OF N0 T I C E TO IC I T H H0 L D T 0: CITY CLERK, CITY OF NEWPORT BEACH Public Works Dept. 3300 Newport Boulevard Newport Beach, CA 92663 J 0 1 CONTRACT# C -2461 Seashore Dr. Reconstruction West or Orange in the City of Newport Beach FOUNTAIN VALLEY TRANSIT MIX hereby releases and relinquishes that certain Notice to Withhold served upon your organization on DATED: October 23 , 1986 June 13, 1986 By: 1/ i g Title Attor and Agent STATE OF CALIFORNIA ) X ) ss. X. COUNTY OF LOS ANGELES ) X X. On October 1986 before me,X the undersigned, a Notary PublicX in and for said County LYNN StateX personally appeared A. SHINMOTO proveve to-me the basis of satisfactory X evidence to be the Attorney and A ent of the corpora- tion t at executed the within X instrument, on behalf of the X corporation therein named, and X acknowledged to me that such X corporation executed the within X instrument pursuant to its X By -laws or a resolution of its Board of Directors. X. X WITNESS my hand and official X seal. X Notary Public and for said X County and State. X OFFICIAL SEAL INES S. HAYMAN BROWN o BROWN r' 6 ROTARY PUBLIC • CALIFORNIA fnl.u;.ul 4nw.Yw 3r% PRINCIPAL OFFICE IN LM AWGELES COUNTY MI ow"ission Im Dec. 22, 1988 STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ), On before me, the undersigned Notary Public in and for said County and State, personally appeared personally nown to me or proved to me on the basis of satisfactory evi- dence to be the person whose name is subscribed to the with- in instrument and acknowledged that he executed the same. WITNESS my hand and official seal: Notary Public in and for said County and State. 0 034 WEST REDONDO BEACH BOULEVARD GARDENA, CA.90248 / (213) 515-0933 READY MIXED CONCRETE, INC. Release of Stop Notice TO: CITY CLERK, CITY OF NEWPORT BEACH Construction Lender ( or party with whom Stop Notice was filed ) PUBLIC WORKS DEPT., 3300 NEWPORT BEACH, NEWPORT BEACH, CA 92663 You are hereby notified that the undersigned claimant releases that certain Stop Notice Eity in the amount of 6,264.85 OF NEWPORT BEACH as owner or public body and J.R. L E 8I G H as prime contractor in connection with the work of improvement known as CONTR#C -2461 in the City of NEWPORT RFAf H ,County of nRAUrF , State of California. Date 10 -1 -86 CITY O�j gEA CAl1Y...nC. � COPIES :EO[TO: NameofClaimant A & A READY-MIX CONCRETE E3 Mayor (Firm Name IQ ri C�Dun°ilmen By CHRIS P I S A N O ( /!lY :�2 nager I�t'arney -GEN. MANAGER o Pldg, Dir. (Official Capacity.) Cl G:nS.rV Dir. C7 F u & R Dlr. VERIFICATION ❑ Planning Dir. p P tkc Chief 1, the undersigned, state: l am the AGENT OF AS MANAGER °J Dir 1 "Agenrof'. "Presidentof'. "A Partner of'. "0wrterof'.eic.( '° Nher claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, nd T certify that the same is true of my own knowledge. r 1 certify (or declare) under penalty or perjury under the laws of the State of California that the foregoing is true and correct. Executed on 10 -1 -86 Ig California. (Signature of0aimant or Authodzed Ammi E 0 UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT The undersigned has been paid in full for all labor, services, equipment or material furnished to Roger J. Lehigh Contracting (Your Customer) on the job of City of Newport Beach (Owner) located at Seashore Drive Reconstruction west of Orange St., Newport Beach (Job Description) and does hereby waive and release any right to a mechanic's lien, stop notice, or any right against a labor and material bond on the job, except for disputed claims for extra work in the amount of $ "D' Dated: September 30, 1986 OWL ROCK PRODUCTS CO. By mpanyName) (Tit*) D. F. O'Connell, As istant Secretary NOTICE TO PERSONS SIGNING THIS WAIVER: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN ITF EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM." Data COPIES SENTTO s cX�` Mayor 9 N��C�v` �9�6► _ ieri.-nieferrien r g r o P,dg.Dir. o GenSery Dir. oF3&RDir, a, o Planning Dir, v, !IW a FORM 6-0 1451 o eace Chief ; Er�A'i. Dir Miher. • CITY OF NEWPORT BEACH TO WHOM IT MAY CONCERN: E CITY OF NEWPORT BEACH, CALIF. OCT 71986 RECEIVED CITY CLERK C I, DR. GEORGE LUCAS, HAVE RECEIVED A SUM OF $4814.63 FROM J.R. LEHIGH, CONTRACTOR FOR DAMAGE SUSTAINED TO MY 1972 450 SL MERCEDES BENZ THAT OCCURRED DURING CONSTRUCTION OF SEASHORE DR. IN NEWPORT BEACH. I RELEASE J.R. LEHIGH, CONTRACTOR FROM ANY AND ALL LIABILITY IF ANY IN THIS MATTER. Date � G&jES SMTTO: o or s ou -ften 1. , re<er °-,rney Dir. ❑ f' & Fi Dir.. ❑ Planning Dir. ❑ eo4ice Chief "1. Dir grO then. �'��� � CL/V 1 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 August 22, 1986 (714) 644 -3005 J. R. Lehigh Contractor P.O. Box 1594 Covina, CA 91722 Subject: Surety: Balboa Insurance Company Bonds No.: 01 -NAA 025086 Contract No.: C -2461 Project: Seashore Drive Reconstruction West of Orange Street The City Council on July 28, 1986 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 has been recorded, provided no claims have been filed. The Notice was recorded by the Orange County Recorder on August 5, 1986, Reference No. 86- 343498. Sincerely, LLU/l�Z�r� C. y, o Wanda E. Raggio City Clerk WER:pm cc: Public Works Department 3300 Newport Boulevard, Newport Beach I LEASE RETURN TO: City Clerk �?'t f . City of Ne4,o t Beach 3300 Newport Blvd. Newport Beach, CA 92663 -3884 867 343498 _ RECORDED IN OFFICIAL RECORDS EY..MPT RECORDING REQUEST PER OF ORANGE COUNTY CAI;FORNIA GOVERNMENT CODE 6103 -11OOAM AIIG 5'86 NOTiCF OF COMPLETION lld- � COurvry , ! RFCpggEp �j rA PUBLIC WORKS fXE�P ���VV YUlkllWVl �1,� to All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on July 28, 1986 the Public Works project consisting of Seashore Drive Reconstruction West of Orange Street (C -2461) on which J. R. Lehigh Contractor, P.O. Box 1594, Covina, CA 91722 was the contractor, and Balboa Insurance Company, 2900 W. Broadway, Los Angeles, CA 90041 was the surety, was completed. VERIFICATION I, the undersigned, say: JCIy:0F NEWPORT BEACH Public Works Director 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 July 29, 1986 at Newport Beach. California. Pdblic W rks 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 City on July 28, 1986 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 July 29, 1986 at Newport Beach, California. City Clerk / . I CITAF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 July 30, 1986 County Recorder's Office P.O. Box 238 Santa Ana, California 92702 (714) 644 -3005 Enclosed is the following docunent for recordation and return to the above -named office: Seashore Drive Reconstruction West of Orange Street. (C- 2461) I i Sincerely, Wanda E. Raggio City Clerk 1 3300 Newport Boulevard, Newport Beach �' Stop Notice 41 NOTICETO City of Newport Beach, Public Works Department Name Attention: Lloyd R. Dalton, 3300 Newport Boulevard, Newport Beach, CA Address 92663 (Public Body or Lender) (If public Job — file with office of controller, auditor, or other public disbursing officer whose duty it is to make payments under provisions of the contract.) (If Private Job — file with responsible officer or person at office or branch of construction lender administe ` — construction funds.) 1 Prime Contractor: J. R. Lehigh Contractor Sub Contractor (If Any) Owner or Public Body: City of Newport Beach Improvement known as Seashore Drive Reconstruction west of Orange S (name and address of project or work of improvement) C -2461 in the City of Newport Beach County of Orange State of California. OWL ROCK PRODUCTS CO. claimant,a corporation (Claimant) (CorporationTPartne furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment or materials is J. R. Lehigh Contractor (Name of Subcontractor /Contractor /Owner- Builderj The kind of labor, service, equipment or materials furnished or agreed to be furnished by claimant was Aggregate Base Material (Describe in detail) Total value of labor, service, equipment or materials agreed to be furnished .......... $ 6.348.81 Total value of labor, service, equipment or materials actually furnished is ........... $ 6,348.81 Credit for materials returned, if any ......................... ... $ —0— Amount paid on account, if any ... .......... ................. $ —0— Amount due after deducting all just credits and offsets .................... $ 6.348.81 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of $ 6.348.81 , as provided in Sections 3156 thru 3214 of the Civil Code, and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A bond is not attached. (Bond required on private jobs — not on public jobs.) (irlis not) Date Ju1z29. 1986 Name of Claimant OWL ROCK PRODUCTS CO. ( ' m Name) D. F .v 'Connell, Assistant Secretary (Official Capacity) Verification for Partnership or Sole Ownership STATE OF CALIFORNIA ))) COUNTY OF } SS. (Claimant or Representative) being fast duly sworn deposes and says that,he is Of (Owner, Partner or Agent) Name) named as claimant in the foregoing claim; that he has read said claim and knows the contents thereof, and that the facts therein stated are true. X (Signature of Affrant) Subscribed and sworn to before we this day of ,19— Notary :. di Stamp �f" a ="t- s' OIqu `,U �C !��� 9 t�s •°sc�v'�rais3c`�i�a°ti Verification for Corporation STATE OF CALIFORNIA COUNTY OF j SS. Los Angeles ) D. F. O'Connell (Claimant or Representative) being fist duly sworn deposes and says that _he is Assistant Secretary (Official Capacity) of OWL ROCK PRODUCTS CO. (Exact Corporate Name) the corporation that executed the foregoing claim; that be makes this verification on behalf of said corporation; that be has read said claim and knows the contents thereof, and that the facts therein stated are true. X r _ (Signature of Affront) Subscribed and sworn to before me this 29th day of July 19 86 Notary, OFFICIAL 9EAL Stamp NATSUKO MIYAGI ' �' NOTARY PUBLIC - CALIFONNU • - J PRINCIPAL OFFICE IN . LOG ANGELES COUNTY Mt commissiaa Eap. Sqt 5, IW 10W SMOCA FORM (REV. 8-74) 0 Ouly 28, 1986 CITY COUNCIL AGENDA ITEM NO. F -14 • T0: CITY COUNCIL BY THE Cisy CGUNCII FROM: Public Works Department CITY Of NEWPORT BEACH SUBJECT: ACCEPTANCE OF SEASHORE DRIVE RECONSTRUCTION (C- 2461) JUL 2 8 1986 RECOMMENDATIONS: APPROVED 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the ' "m r_ia-1, —7-1- ♦ate k- afi if d..., g 4. Assess liqui DISCUSSION: damages in the amount of $3,700. The contract for the reconstruction of Seashore Drive from Orange to Summit Streets has been completed to the satisfaction of the Public Works Department. • The bid price was $183,442.80 Amount of unit price items constructed 221,952.71 Amount of change orders 3,436.83 Total contract cost $225,389.54 Funds were budgeted in the General Fund, Account No. 02- 3397 -308. After award of the contract it was found that the estimated quan- tity of alley pavement was in error by 33 percent. It was also found that the existing pavement on the side streets was in need of total replacement rather than just being overlaid as had been anticipated. The above resulted in the increase in the amount of unit price items constructed. Two change orders were issued. The first, in the amount of $802.96, provided for adjusting the grade of the new storm drain to avoid an existing water main. The second, in the amount of $2,633.87, provided for removal and replacement of two areas of concrete to provide drainage to the new improvements. The contractor is J. R. Lehigh of Covina, California. • The contract date of completion was March 15, 1986. Rain (11 days) and extra work (2 days) extended the time of completion to April 2, 1986. The paving was completed 37 days later on May 9, 1986. The assessment of liquidated damages at the contract specified amount of $100 per day is recom- ded. )Z4 Benjamin B. Nolan Public Works Director GPD:jd NOTICE TO Stop Notice CITY CLERK, CITY OF NEWPORT BEACH CITY OF NEWPORT BEACH, S C AL IF JUN 131986 PUBLIC WORKS DEPT. 3 c 300 NEWPORTr /BLVD. V CITTYYCs LE ` NEWPORT BEACH,CA 9269lddress) 4, (If Public Job — file with office of controller, auditor, or other public disbursing officer whose u y i is to make payments under provisions of the contract.) (If Private Job — file with responsible officer or person at office or branch of construction lender administering the construction funds.) Prime Contractor: J.R.LEHIGH, PO BOX 1594,COVINA, CA 91722 Sub Contractor (If Any) Owner or Public Body: PUBLIC WORKS DEPT. -CITY OF NEWPORT REACH Improvement known as CONTR# C -2461 SFASHORF OR_ RFCONSTRUCTTON ,WEST OF ORANGE (Name and address ofproject or work of improvement) in the City of NFWPnRT RFAPH County of DRANGF State of California. FOUNTAIN VALLEY TRANSIT MIX claimant,a CORPORATION (claimant ) (Corporation /Partnership /Sole Proprietorship) furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment or materials is Su (Name ojSubcontractar /Contractor /Owner - Builder) The kind of labor, service, equipment or materials furnished or agreed to be furnished by claimant was READY MIX CONCRETE (describe in detail) Total value of labor, service, equipment or materials agreed to be furnished .............$ 6 , 2 6 4 _ 8 S Total value of labor, service, equipment or materials actually furnished is ............ . . .$ 6,264.85 Credit for materials returned, if an $ 0 Amount paid on account, if any .................... ..............................$ 0 Amount due after deducting all just credits and offsets . ..............................$ 6,264.85 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of $ 7 . 8 31 . Q is provided in Sections 3156 through 3214 of the Civil Code, and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A bond IS NOT attached. (Bond required on private jobs— not on public jobs.) (is /is not) Date 6 -10 -86 \-D A & A READY MIX CONCRETE INC. DO Name of Claimant (Firm Name)�j e CHRIS PISA NO U(_ m � ►ice By E GEN. MANAGER ap _ (Official Capacity) C p 0 0 0 0 0 VERIFICATION 1, the undersigned, state: I am the AGENT OF AS CREDIT MANAGER ( "agent of', "president of', "a partner of', "owner of', etc.) the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 6 -10 -86 19a GARDENA CALIFORNIA California. �Y, t l � (Signature ofClaimant or Authorized Agent) ;: ;r, ., :r `� ,: -�; ._ -',' RELEASE OF STOP NOTICE Notice to: City Clerk, City of Newport Beach, CA to completely release the Stop Notice dated March 10, 1986 of: Claimant: Fountain Valley Concrete, c/o Corona Financial Corp. Address: 2421 E. Chapman Ave., P. 0. Box 2278 Orange. CA 92669 AGAINST Prime Contractor: J. R. Lehi Improvement known as: Seashore drive reconstruction (C -2461) Newport Beach, CA. Seashore Drive West at Orange Ave. You are hereby notified to release in full the Stop Notice in the amount of $ 18,461.83 for read mixed concrete. labor & materials furnished Date: May 21, 1986 Name of Claimant: STATE OF CALIFORNIA SS COUNTY OF ORANGE Ralph E. Graham, owner Fountain Valley Concrete by 4Q_ Clr of `� NEWo , iE of 291986' 1 Date6 MES SENTTO. yar gergin O Bldg. Dir. • GenSery Dir. • Fr& 8 R Dir. M O Pi gfiir. O Ce Ghief r On May 21, 1986 before me, the undersigned, a Notary Public in and for 0 said State, personally appeared Ralph E. Graham, personally known to me to be the person whose name he subscribed to the within instrument and acknowledged that he executed the same. WITNESS my hand and official seal. I`0�t1 d U4'1 / y inn OFFICIAL SEAL Signature HEDDAMC0�1KlE m No_r ar PUBLIC - CALIFORNIA pR4NGE CAI:N4 MY Comm. e:iohes 111M 12. 1990 O rUI icunlen a e�'�t."°►. STOP NOTICE O 6en�Sery Dit. o Fu 6 F dr. NOTICE TO WITHHOLD TO HOLDER OF FUNDS OP.W �O�yyPf�� p1 r, 1k , i7. ._l I—' m. City'Clerk, City of Newport Beach (Name of owner, construction lender or public officer) 3300 Newport Blvd., Newport Beach, CA 92663 (Address of owner or construction lender) YOU ARE HEREBY NOTIFIED THAT the undersigned cllaims t, Fountain Valley Concrete, c/o corona Financial Corp. 2421 E. Chapman Ave.. P. 0. Box 2278. Oranap_ CA 926 materials has furnished or has agreed to furnish of the following and address) (labor, services, equipment, materials) description of labor, services, equipment or materials) ' �'nOF�X MA CALIF, 101986 a �X HOLDER N- ^'�IPI OF s. MgRILI�uF 949, to or for J. R. Lehigh for the work improvement, located at, or known as: Seashore Drive aTecgnsitr°�ucfion f�r�rs1%61) Newport Beach, CA Seashore Drive West at Orange Ave (address, legal description, description of site or project identification) The amount in value of the whole agreed to be done or furnished by claimant is $ 18, 461.83 The amount in value of that already done or furnished by claimant is $ 18,461.83 Claimant has been paid the sum of $ .00 , and there remains due and unpaid the sum of $18,461.83 plus interest thereon at the rate of 00 per cent per annum from February 6 1986 YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST. Dated:_ March 10, 1986 STATE OF CALIFORNIA ss. COUNTY OF Orange Ralph E. Graham, Owner, Fountain Valley Concrete Name of Claimant 2421 E. Chapman Ave., #D, Orange, CA 92669 Address of Claimant Ralph E. Graham being duty sworn, deposes and says: That _he is the person(s) who signed the foregoing Stop Notice; that —he has read the same and knows the contents thereof to be true of hat own knowledge, except as to any matters or things that may therein be stated on h ? s information and belief and as to those matters and things _he believes them to be true. Subscribed and sworn to before me this 10th day of March 1886 1 � OFRt�AL EAL I Notary Public and in and for said State fiEMA M CONKLE NOVW laLOM - CALOPM1141A ottlllNaE COIiN7Y My Olson 111(1 It 1990 Tbb amazed form oovan most mod ymbleme to the field lndleete& asefom lea a/Dt ,cad S, an In an blurb, STOP NOTICA end nMke ehanies Proper to yowr transaction. Coardt a lawyer lF yaw doubt ebe forma 8mma for Your parneaa. WOLCOTTS FORM 924 —Ntv. 1.73 • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (7141640-2251 r TO: FINANCE DIRECTOR Public Works FROM: CITY CLERK DATE: October 18, 1985 SUBJECT: Contract No. C -2461 Description of Contract Seashore Drive Reconstruction West of Orange Street Effective date of Contract October 18, 1985 Authorized by Minute Action, approved on September 23, 1985 Contract with J. R. Lehigh Contractor Address P.O. Box 1594 Covina. CA 91722 Amount of Contract $183,442.80 1 t. Wanda E. Andersen City Clerk WEA:lr attach. City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 N rn Ln m w N 0 O Z m 0 5 m CD n O 7 N c+ Z c n c+ O m N c+ O ..fi O Z a LO m Ln z m m M L FO �r m 2 S nv -.% E - 0 -1 a 0 s 0 O 7 Z -- a yM EO �3 n • JE s w c+0 m E 3rrmaa = V) c S N m C7 r+ - -s M m O -a O O m s -03 <rt m -S 'D m S 0 (D s m n < 3 O • N 9 �wm-3 a O CD •a< > > O r) N = 0 V) 0 O O m O U3 -fi Z T 3 N c+ l+ f+ CF S S O 0 0 CD a -a t1 C O' 3 CD N m n 0- m 50CD Q O m r+0 a a m m 3 0 d W C) 0.0 CD mw 0 --to 0 %X I ow.p S -+ N t'F '+ m c S E O a J m O e 7 w r z•o n va �-mJ•v O� �.i -% C+ l< n t+ rr a O n o- r) m w o o c Z n i z t k• NOTICE INVITING BIDS CITY CLERK Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P. 0. Box 1768, Newport Beach, CA 92658 -8915 until 11:00 A.M. on the 11th day of September, 1985, at which time such bids shal T be opened and read for (REVISED) SEASHORE DRIVE RECONSTRUCTION WEST OF ORANGE STREET Title of Project 2461 Contract No. $225,000 Engineer's Estimate Sk Approved by the City Council this 26th day of August , 1985. Wanda E. Raggio 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, P. 0. Box 1768, Newport Beach, CA 92658-89)5 For further information, call at 644 73311. sect Manager CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL SEASHORE DRIVE RECONSTRUCTION WEST OF ORANGE STREET CONTRACT NO. 2461 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P. 0. Box 1768 Newport Beach, CA 92658 -8915 Gentlemen: PR 1.a The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete this Contract No. 2461 in accordance with the Plans and Special Provisions, and will take in full payment therefor the following unit price for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization @ Thirty -three Thousand Dollars and No Cents $ 33,000.00 Per Lump Sum 2. 4,840 Construct P.C.C. cross gutter Square Feet @ Four Dollars and Twenty -five Cents $ 4.25 $ 20,570.00 Per Square Foot 3. 1,570 Construct P.C.C. rolled curb Lineal Feet @ Nine Dollars and No Cents $ 9.00 $ 14.130.00 Per Lineal Foot PR 1.b ITEM QUANTITY ITEM DESCRIPTION UN AL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 76 Construct Type A P.C.C. curb and gutter Lineal Feet @ Ten Dollars and No Cents $ 10.00 $ 760.00 Per Lineal Foot 5. 20 Construct Type B P.C.C. curb and gutter Lineal Feet @ Ten Dollars and No Cents $ 10.00 $ 200.00 Per Lineal Foot 6. 25 Construct P.C.C. curb and gutter Lineal Feet transitions @ Ten Dollars and No Cents $ 10.00 $ 250.00 Per Lineal Foot 7. 8,490 Construct P.C.C. alley Square Feet @ Three Dollars and Sixty -five Cents $ 3.65 $ 30,988.50 Per Square Foot 8. 720 Construct 4" A.B. Tons @ Seventeen Dollars and Seventy - eight_ Cents $ 17.78 $ 12,801.60 Per Ton 9. 560 Construct 3" A.C. Tons @ Ninety -two Dollars and Seventeen Cents $ 92.17 $ 51,615.20 Per Ton @ One Hundred Seventy -five Dollars and No Cents $ 175.00 $ 875.00 Per Each 13. 46 Adjust water meter box frame and cover Each to grade @ Thirty -five Dollars and No Cents $ 35.00 $ 1,610.00 Per Each 14. 15 Adjust water valve or monument frame Each and cover to grade @ Fifty Dollars and No Cents $ 50.00 $ 750.00 Per Each 15. 1 Construct catch basin Each Three Thousand Three Hundred @ Twelve Dollars and No Cents $3,312.00 $ 3,312.00 Per Each PR i.c ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 110 Construct variable thickness A.C. overlay Tons @ Fifty Dollars and Seventy -five Cents $ 50.75 $ 5,582.50 Per Ton 11. 66 Provide and install redwood header Lineal Feet @ Three Dollars and No Cents $ 3.00 $ 198.00 Per Lineal Foot 12. 5 Adjust manhole frame and cover to grade Each @ One Hundred Seventy -five Dollars and No Cents $ 175.00 $ 875.00 Per Each 13. 46 Adjust water meter box frame and cover Each to grade @ Thirty -five Dollars and No Cents $ 35.00 $ 1,610.00 Per Each 14. 15 Adjust water valve or monument frame Each and cover to grade @ Fifty Dollars and No Cents $ 50.00 $ 750.00 Per Each 15. 1 Construct catch basin Each Three Thousand Three Hundred @ Twelve Dollars and No Cents $3,312.00 $ 3,312.00 Per Each PR 1.d ITEM QUANTITY ITEM DESCRIPTION UNI AL N0. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 136 Construct 18" diameter storm drain Lineal Feet pipe @ Fifty Dollars and No Cents $ 50.00 $ 6.800.00 Per Lineal Foot TOTAL PRICE WRITTEN IN WORDS: One Hundred Eighty -three Thousand, Four Hundred Forty -two Dollars and Eighty Cents $. 183.442.80 380008 A Contractor's Lic. No. & Classification cation (818)...,966 -4253 "idder's Telephone Number September 11, 1985 Date hR. r LEHIGH CONTRACTOR de J. Ro er Lehi h Authorized Signature Title Q�0. Box 1594 Covina CA 91722 Bidder's Address Ll INSTRUCTIONS TO BIDDERS 6 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. TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less that 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. The City of Newport Beach will not permit a substitute format for the contract documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 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. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. Page 2 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 and omissionsin 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. 380008 A Contr's Lic. No. & Classification September 11, 1985 Date J. R. LEHIGH CONTRACTOR Bidder S /J. Roger Lehigh Authorized Signature /Title 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. Subcontract Work Subcontractor Address 1. Asphalt Paving Inddu/u''strialyy Asphalt Santa Ana, CA 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. J. R. LEHIGH CONTRACTOR Bidder S /J. Roger Lehi Siggh Authorized nature /Title 0 ORIGINAL SEE CITY CLERK'S FIL *PY KNOW ALL MEN BY THESE PRESENTS, That we, BIDDER'S BOND R. LEHIGH CONTRACTOR Page 4 as bidder, and BALBOA INSURANCE COMPANY , as Surety, are held and firmly bound unto the City of Newport Beach, Calfornia, in the sum of Twenty Thousand & No/ 100------------------------- - - - - -- Dollars ($20,000.00- - - - -), 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 SEASHORE nRIVF CONSTRUrTTON WEST OF ORANGE STREET C -2461 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 to said City 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 contract documents for execution to the above bounden bidder by and from said City, 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 individual, 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 15th day of August , 193. (Attach acknowledgement of Attorney -in -Fact) S /Susan E. Corvera Notary Public Commission Expires: October 3, 1988 J. R. LEHIGH CONTRACTOR Bidder Authorized Signature /Title BALBOA INSURANCE COMPANY Surety By S /William J. Shupper Title Attorney -In -Fact 0 • 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 to before me this 11th day of September > 19-85 . My commission expires: 1. 1987 J. R. LEHIGH CONTRACTOR Bidder S /J. Roger Lehigh Authorized Signature /Title S /W. J. Shupper Notary Public Page 5 • Page 6 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. Private Work for City of City Engineer, 1982 Covina Mr_ Wayne Dowdy M- 331 -0111 Private Work for City of City Engineer 1922 Covina Mr_ Waynp nnwdy SIR- 331 -0111 Private Work for City of 1983 West Covina Louis Rrittaran 818- 96b -83,;g 1982 Citrus State Bank Tom Bishop 818- 967 -2411 1984 Independent National Bank Dennis Dyke 818 - 915 -8931 Duaan's Tractor Service In Progress) 1985 ity of La Puente Dufry Atkinson 818- 338 -6518 J. R. LEHIGH CONTRACTOR Bidder S /J. Roger Lehigh Authorized Signature /Title Page 7 e NOTICE The following are contract documents which shall be completed and executed by the successful bidder after he receives a letter of award from the City of Newport Beach: PAYMENT BOND (pages 8 & 9) FAITHFUL PERFORMANCE BOND (pages 10 & 11) CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 12, 13, 14) CONTRACT (pages 15 & 16) The City of Newport Beach will not permit a substitute format for these contract documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. BONDING COMPANIES shall be acceptable as sureties in accordance with the latest revision of Federal Register Circular 570. INSURANCE COMPANIES shall be (1) licensed to conduct business in California, and (2) assigned Policyholders' Rating B+ (or higher) and Financial Size Category Class X (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property-Casualty. Coverages shall be provided for all TYPES 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 edition adopted for use in the City of Newport Beach), except as supplemented or modified by the Special Provisions for this project. PAYMENT BOND 01 -NAA 025086 KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted September 23, 1985 has awarded to J. R. LEHIGH CONTRACTOR hereinafter designated as the "Principal ", a contract for SEASHORE DRIVE RECONSTRUCTION WEST OF ORANGE STREET C -2461 Page 8 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 with said contract, providing that if said Principal or any of his or its subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We J.R. Lehigh Contractor as Principal, and Balboa Insurance Company as Surety, are held firmly bound unto the City of Newport Beach, in the sum of Four Hundred & One Hundred & Eighty Three Thousand Forty Two & 89ollars ($183,442.80 ) said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his subcontractors, fail to pay for any materials, provisions, or other supplies, 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 Unemploy- ment 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 3250 of the Civil Code of the State of California. The 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 • Page 9 a Payment Bond (Continued) this bond, as required by the Provisions of Sections 3247 et. seq. of the Civil Code of the State of California. 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 gb_ day of octcher lam_. S J ntractor Seal) Rme o hCactor Principal i gFaft A Authorized Signature and Title Balboa Insurance Company (Seal) Name of Surety Tel eohone No. of Aqent 041 \{ \ \ | � \\\ \�\ §k\ §� [ ƒ > ( � \ \ ( \ ƒ w•7� ®\t; ] ® {2 qz�} ©!(� t \\j }Jk &E\ / \E }�} «(\ /\ [{ m2� §2; ,fG n, \)\ }k \ \ \}2 e {E / } ~ } { \ 2 F ! @ ) } q & \ / ( 2 } ( w � 2 � • Page 10 01 -NAA 025086 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted September 23, 1985 has awarded to J. R. LEHIGH CONTRACTOR hereinafter designated as the "Principal ", a contract for SEASHORE DRIVE RECONSTRUCTION WEST OF ORANGE STREET C -2461 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.R. Lehigh Contractor as Principal, and Balboa Insurance Company as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of Four Hundred & One Hundred & Eighty Three Thousand Forty Two & 80Dollars ($ 183,442.80 � 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 V • Faithful Performance Bond (Continued) • Page 11 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 Qth day of nrtnhPr , 19 R5 nr (Seal) Name of Contractor Principal) _ .vtJL o 'z nat, a and Title Authorized Signature and Title Balboa Insurance Company (Seal) Name of Surety Ad ress o Agent 213 -257 -8291 Telephone No. of Agent \ \ } � / \ CD w f cn UD CDO \ \� \� \ \ } � \ \/ \ ID GQ \ \\ (D rn §[ƒ \\ \ \ \ } � / \ CD w f cn UD CDO QALBOA INSURANCE COMPANY • 620 NEWPORT CENTER DRIVE, NEWPORT BEACH, CALIFORNIA 92660 GENERAL POWER OF ATTORNEY Know All Men by These Presents, That BALBOA INSURANCE COMPANY, a corporation duty organized and existing under the laws of the State of California, and having its principal office in Newport Beach, Orange County, California, does by these presents make, constitute and appoint of LOS Angeles and State of — l.a I l torni a __— its true and lawful Atlorney(s) -in -Fact. with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver ,_...._....._ —. �...__...- ._......_... _.. Any All Bo R.R Ppnpl y 111 111 11 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s) -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of the Balboa Insurance Company at a meeting held on the 22nd day of March, 1962. "Be Ir Resolved, that the President, any Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s) -in -Fact to represent and act for and on behalf of the Company subject m the following provisions: "Section 1. A«ornev -in -Fact. Attorney -in -Fact may be given full power and authority for and in the name of and on behalfof the Company. to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional orobligatory under- takings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." Vice President "In Witness Whereof. Balboa I y has caused these presents to be signed by its _— ___—_._ and its corporate seal to be her I�inE'Ifl t day of AUgyst A.D., 19 _85 BALBOAA INSURANCE �COMPANY M1rMPOFMed 7 BY fee.6 1948 K. R. Huckabay State of California ♦ 10 ss. \ / County of Orange / On this._ 7th _day of __—,._. AUqUSt-.__-_ _�— _.— ..__- ...— .._..— ._.__...__ in the year ..1985_ .,. before me .. Patricld —g• Bal dln9 -` -, a notary public, personally appeared Hue kA ba vV , personally known to me to be the person who executed the within instrument as Vice President , on behalf of the corporation therein named and acknowledged to me that the corporation executed it. mmaxwuFrwxwwxaawwFngyr OFTICIAL SEAL PATRICIA PUBLIC B. BALDING NOTARY PUBLIC - CALIFORNIA ORANGE COUNrV Patricia B. Balding +ary Public %k,Y Commieeien Expires Sept. 24, 1965 +wxxwetun tw 1, the undersigned Secretary of Balboa Insurance Company, hereby certify that the above and foregoing is a full, true and correct copy orthe Original Power of Attorney issued by said Company, and do hereby further certify that the said Power of Attorney is still in force and effecl.. And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Balboa Insurance Company at a meeting duly called and held on the 241h of March 1972, and that said resolution has not been amended or repealed: "RESOLVED, that the signature of the Secretary or any Assistant Secretary of this Corporation, and the seal of Corporation, may be all i xed or printed by facsimile to any certificate to a Power of Attorney of this Corporation, and that such printed facsimile signature and seal shall be Valid and binding upon this Corporation." OCT 091985 GIVEN under my hand and the seal of said Company, at Newport Beach, California, this ..._..___.- ._.._ day of ,19 1,203 o 1184 'errelurr City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NAME AND ADDRESS OF INSURED • CERTIFICATE OF INSURANCE • Page 12 INSU Company A Letter Nationwide Mutual Insurance Co. company B Letter Company C Letter Company D Letter Company E 1 o + +o, 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). VOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. :ANCELLATION: 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 registered mail, attention: Public Works Department. 3y: i >> 7 -7 Agency: CA Aut orized Representative )ate: October 9, 1985 Telephone: (714) 532 -7433 )escription of operations /locations /vehicles: All operations performed for the City of Newport 3each by or on behalf of the named insured in connection with the following designated contract: Seashore Drive Recons r t'on es of ra e S reet -2 Project Title and Contract Number IOTICE: 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. 91 . ., Policy LIMITS OF LIABILITY IN THOUSANDS 000 COMPANY TYPES OF INSURANCE Policy Exp. g. ro uct: LETTER COVERAGE REQUIRED No. Date Each Completed Occurrence Operations GENERAL LIABILITY Form Bodily Injury $ $ Premises - Operations Property Damage $ $ Explosion & Collapse Hazard i xComprehensive Underground Hazard Products /Completed Operations Bodily Injury A Hazard ❑x Contractual Insurance x Broad Form Property Damage 5124 00 1 and Property Damage Combined $ 1,000 $ 1,000 X Independent Contractors 8/30/86 X Personal Injury Marine Personal Injury $ 11000 Aviation AUTOMOTIVE LIABILITY ❑x Comprehensive Form Bodily Injury (Each Person $ A ❑x Owned ❑x Hired x Non -owned ❑ 73SMOO 5124-00(l 10/9/86 $ bodily Injury (Each Occurrence) ro P ert Dam a e Bo i y Injury and Property Damage Combined $ 1,000 EXCESS LIABILITY ❑ Umbrella Form Bodily Injury ❑ Other than Umbrella Form and Property Damage Combined $ $ WORKERS' COMPENSATION Statutory ac Accident) and EMPLOYER'S LIABILITY VOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. :ANCELLATION: 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 registered mail, attention: Public Works Department. 3y: i >> 7 -7 Agency: CA Aut orized Representative )ate: October 9, 1985 Telephone: (714) 532 -7433 )escription of operations /locations /vehicles: All operations performed for the City of Newport 3each by or on behalf of the named insured in connection with the following designated contract: Seashore Drive Recons r t'on es of ra e S reet -2 Project Title and Contract Number IOTICE: 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. 91 . ., • Page 13 CITY OF NEWPORT BEACH AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT It is agreed that: 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 R each occurrence each occurrence $ 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. 5. Designated Contract: e This endorsement is effective 10/9/85 at 12:01 A.M. and forms a part of Policy No. 73SM005124 -OOQ3 Named Insured J.R. Lehiqh Contractor Name of Insurance Company Nationwide Insurance Co C -2461 Endorsement No. No. By C, �\ " y0 0 �,. -? 7 Authorized Representative CITY OF NEWPORT BEACH COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: Page 14 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 of 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 Mold 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 Property Damage Liability (X) Single Limit Bodily Injury Liability and Property Damage Liability Combined $ 1,000,000 each occurrence each occurrence each occurrence 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 7. Designated Contract: Seashore Drive Reconstruction West of Orange Street (C -2461) Project Title and Contract No. This endorsf�g�ive 8/30/85 at 12:01 A.M. and forms a part of Policy No. Named Insured J.R. Lehigh Contractor Endorsement No. Name of Insurance Company Nationwide Insurance Co. By (2,— -M .>, Z" Authorized Representative 6 6 Page 15 CONTRACT THIS AGREEMENT, entered into this Z %ay of ��z, 19 , by and between the CITY OF NEWPORT BEACH, hereinafter "City,' and J. R. LEHIGH CONTRACTOR hereinafter "Contractor, "is made with reference to the following facts: (a) City has heretofore advertised for bids for the following described public.work: P19 e 2461 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: E e 2461 ontract 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 One Hundred Eiahty -three Thousand Four Hundred Fortv -two and 80/100 Dollars ($183_._442.80__)- This compensation includes (1) any loss or damage arising from the nature of the work; (2) any loss or damage arising from any unforeseen difficulties or 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) • Page 16 (f) Plans and Special Provisions for Seashore Drive Reconstruc- tion West of Oranae Street 2461 Title of Project Contract No. (g) This Contract. 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: i ��. Paw APPROVED AS TO FORM: (iA ( f City Attorney loci Authorized Signature and Title a CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS 6 SP Iof5 SEASHORE DRIVE RECONSTRUCTION WEST OF ORANGE STREET CONTRACT NO. 2461 1. SCOPE OF WORK The work to be done under this contract consists of (1) installing an inlet and storm drain pipe, (2) constructing P.C.C. cross gutters, curbs, and curb and gutter, (3) reconstructing existing alley and street pave -ment, (4) constructing asphalt concrete overlay, (5) adjusting existing utility frames and covers, and (6) performing other incidental items of work as necessary to complete the work in place. All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions, (2) the Plans (Drawing No. R- 5508 -S), (3) the City's Standard S ecial Provisions and Standard Drawings for Public Works Construction ( 985 Edition) and (4 ) the Standard S ecifications for Public Works Construction (1985 Edition). Copies of the tandard Speci ications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034. A copy of the Standard Special Provisions and Standard Drawings may be purchased at the Engineer's office for $5. II. TIME OF COMPLETION AND SCHEDULE OF WORK The Contractor shall submit his proposed construction schedule per Standard Specifications Section 6 -1 and Standard Special Provisions Section 2 -1.4. The proposed construction schedule shall satisfy the following requirements: 1. All work shall be completed by March 15, 198& ,/ 2. No two consecutive finger streets (i.e., Olive and Sonora, Sonora and Nordina, etc.) shall be closed to traffic concurrently. 3. No finger street shall be closed concurrently with closure of alleys. 4. No two consecutive blocks of alley shall be closed to traffic con- currently. 5. No block of Seashore Drive shall be closed to parking concurrently with with closure of the adjacent block of alley. 6. Seashore Drive shall remain open to two -way traffic except as necessary to reconstruct or overlay pavement or to install trans- verse cross gutters in Seashore Drive. 0 SP 2of5 7. Upon completion of curb and gutter or cross gutters along Seashore Drive, the Contractor shall place temporary asphalt concrete as necessary to provide access to garages and finger streets. B. Upon removal of portions of Seashore Drive for reconstruction, the Contractor shall place temporary asphalt concrete as necessary to provide access to garages and finger streets. 9. The Contractor shall make every effort to accommodate trash collec- tion on Mondays. If the Contractor's work will interfere with nor- mal trash collection procedures in any manner, it shall be his responsibility to effect alternative trash collection procedures and notify residents with the approval of the City's Field Operation Superintendent, Merle Milne; telephone (714) 644 -3060. The Contractor shall complete all work at each street or alley site within sixteen (16) consecutive days after beginning work at that site. The term "work" as used herein shall include all removals, adjustments, replacements, and construction of pavement, curb, curb and gutter, cross gutter and patch - back. Also included within the specified period is curing time for the new P.C.C. improvements. In summary, this means that each street or alley site shall be returned to normal vehicular use within sixteen (16) consecutive calendar days from the day it is first closed to such use. The Contractor shall therefore employ sufficient men and equipment to meet this schedule. If it becomes apparent during the course of the work that the Contractor will not be able to meet this schedule, he will be prohibited from starting additional work until he has exerted extra effort to meet his original schedule and he has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional men and equipment were required on the job. The Contractor will be assessed of liquidated damages $100 per calendar day for each day in excess of the sixteen (16) consecutive days allowed for 100% completion of the construction work at each street or alley site. Additional liquidated damages, as covered in Section 6 -9 of the Standard Specifications, shall be assessed for failure to complete the entire project by Secem*er—�'- 114. OZ /S V- �Y The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly, preplanned, continuous sequence so as. to maximize access to dwellings for residents and emergency vehicles. III. PAYMENT The unit or lump sum price bid for each item of work shown on the Proposal shall be considered as full compensation for all labor, equipment, materials and all other things necessary to complete the work in place, and no addi- tional allowance will be made therefor. Payment for incidental items of work not separately provided for in the Proposal (i.e., excavation, sawcutting, patchback, etc.) shall be included in the unit price bid for each item of work. • • SP3of5 IV. WATER If the Contractor elects to use City's water, he shall arrange for a meter and tender a $500 meter deposit with the City. Upon return of the meter in good con- dition to the City, the deposit will be returned to Contractor, less a quantity charge for water usage. V. PUBLIC CONVENIENCE AND TRAFFIC CONTROL A. Traffic Control Plans The Contractor shall submit to the Engineer traffic control plans which incorporate the following: 1. The location and wording of all signs, barricades, delineators, lights, warning devices, temporary parking restrictions, and any other details required to assure that all traffic will be handled in a safe and effi- cient manner with a minimum of inconvenience to the motorists. 2. A complete and separate plan for each phase of construction shown in the proposed construction schedule showing all items listed under 1. above. The traffic control plans shall be prepared in accordance with WATCH and Sections 2 -5.3 and 7 -10 of the Standard Specifications. B. "NO PARKING, TOW- AWAY" Siqns Wherever the Contractor is permitted, temporary prohibition of parking during construction, the Contractor shall furnish, install, and maintain in place "NO PARKING, TOW- AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty (40) hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division, at (714) 644 -3740, for verification of posting at least 40 hours in advance of the need of enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12 inches wide and 18 inches high; and (3) be similar in design and color to sign number R -38 of the CalTrans Uniform Sign Chart. The Contractor shall print the hours, days and date of closure in 2- inch -high letters and numbers. A sample of the completed sign shall be approved by the Engineer prior to posting. C. Notification to Residents Between 48 and 55 hours before closing a section of street or alley or restricting vehicular access to garages or parking spaces, the Contractor shall distribute to each affected address a written notice stating when construction operations will start and approximately when vehicular accessi- bility will be restored. The written notices will be prepared by the Engineer. The Contractor shall insert the applicable dates and time at the time he distributes the notices. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor renotification using an explanatory letter furnished by the Engineer. • • SP4of5 VI. CONSTRUCTION SURVEY Field surveys for control of construction shall be the responsibility of the Contractor. All such surveys, including construction staking, shall be under the supervision of a California registered civil engineer or licensed surveyor. Staking shall be performed on all items ordinarily requiring grade and align- ment at intervals normally accepted by the agencies and trades involved. Payment for construction survey staking shall be considered as included in the various items of work and no additional allowance will be made therefor. VII. STORAGE AREA The Contractor may utilize the vacant sand area between Seashore Drive and Pacific Coast Highway as necessary for storage of equipment and materials needed for this contract. His access to such area shall in no way decrease the number of curbside parking stalls along Seashore Drive. No equipment or materials may be stored in Seashore Drive, the alley or finger street. VIII. PACIFIC COAST HIGHWAY The Contractor is not permitted to work from or barricade or close portions of Pacific Highway. IX. CONSTRUCTION DETAILS A. Removals. Excavation and Subarade Preparation Existing P.C.C.or A.C. improvements to be removed shall be sawcut at minimum two (2) inches deep along property lines and joint lines as shown on the plans. Final removal at the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Final removal accomplished by other means, such as hard -blow pavement breakers and stompers, shall be approved by the Engineer. B. Asohdlt Concrete The work shall be done in accordance with Section 302 -5 and 400 -4 of the Standard Specifications, except as modified and supplemented below: 1. The surface shall be free of all dirt, debris, water, and vegeta- tion prior to overlay. 2. The Contractor shall apply tack coat to all A.C. work. 3. The asphalt concrete overlay shall be III -0-AR -4000 with approximately 5.8 percent paving asphalt. The Contractor shall feather a minimum of five (5) feet joining existing pavement. C. Portland Cement Concrete Overhead screeds will be required on the alley pavement. A 12- inch -wide smooth trowel surface shall b constructed along the flow line (center line) of alley. The remainder of the alley surface shall be medium broom finished. • 9 SP5of5 All sidewalk or drive approaches that extend beyond the street or alley right of way shall have a cold joint or if placed monolithic, a minimum 2 -inch deep sawcut within 24 hours at the right -of -way line. Concrete improvements shall be constructed with Class 560 -C -3250 concrete. Exposed concrete surface shall conform in grade, dimension, color, and finish to adjoining P.C.C. improvements. All P.C.C. improvements shall be constructed prior to A.C. overlay. Item of work for "Construct P.C.C. cross gutter" shall also include curb returns and rolled curb to straight surface transitions (Construction Note No. 18). D. Utility Adjustments The Contractor shall adjust to finished grade all sewer manholes, sewer cleanouts, water valves covers, storm drain manholes, monuments and water meter boxes. Water meter boxes previously damaged or damaged during adjustment operations shall be replaced by the Contractor with boxes furnished by the City. The Contractor shall be responsible for any dam- ages to all other existing utilities resulting from his operations. E. Temporary Resurfacing All temporary resurfacing (such as specified in Section II.7 and 8) shall be per Section 306 -1.5.1 of the Standard Specifications, except that the Contractor shall include all costs associated with furnishing, placing, maintaining, removing and disposing of temporary resurfacing in the unit price bid for each item of work. • • • 0 TO: CITY COUNCIL FROM: Public Works Department September 23, 1985 BY THE CITY COUNCIL CITY COUNCIL AGENDA CITY OF NEWPORT BEACHITEM NO. F -3(c) SEP 23 1 1,135 APPROVED SUBJECT: SEASHORE DRIVE RECONSTRUCTION WEST OF ORANGE STREET (C -2461) RECOMMENDATIONS: 1. Waive the irregularity in the bid documents of J. R. Lehigh, Contractor. 2. Award Contract No. 2461 to J. R. Lehigh, Contractor, for the total price of $183,442.80, and authorize the Mayor and the City Clerk to execute the contract. DISCUSSION: At 11:00 A.M. on September 11, 1985, the City Clerk opened and read the following bids for this project: Bidder Total Price Low J. R. Lehigh, Contractor $183,442.80 2 Nobest Incorporated 194,465.00 3 Gillespie Construction, Inc. 237,639.00 4 Bruce Paving Co. 243,175.00 5 Sully- Miller Contracting Co. 254,148.00 The low bid is 18% below the revised Engineer's estimate of $225,000. The low bidder, J. R. Lehigh, Contractor, has not performed previous contract work for the City; however, a check with Lehigh's experience referents and the State Contractor's License Board has indicated that Lehigh (1) has good experience and success in completing various types of construction, and (2) has no actions pending against their contractor's license, respectively. Lehigh's bid bond did not contain his signature. Inasmuch as the bid bond is otherwise complete and issued by a reputable surety, staff recommends that the lack of signature is immaterial, and that this irregularity be waived. At the bid opening, two bidders indicated that they may protest bid document irregularities of the low and #2 bidders. The protestors were requested to do so in writing by Monday, September 16, in order that such material may be included in this memo. The two bidders have submitted protests, copies of which are attached hereto for Council consideration. :7 9 0 September 23, 1985 Subject: Seashore Drive Reconstruction West of Orange Street (C -2461) Page 2 Seashore Drive, six intersecting streets and five alleys west of Orange Street are included in the contract work. The project provides for the construction of (1) "rolled" concrete drainage gutters along the south side of Seashore Drive and along the six intersecting streets where there are presently no gutters; (2) a concrete pavement of the five alleys to replace deteriorated asphalt pavement which drains off surface water very poorly; (3) two cross gut- ters and a storm drain connection between Seashore Drive and Pacific Coast Highway; and (4) asphalt replacement or overlay of all streets within the proj- ect area (see attached sketch). Funding for award is proposed from the following accounts: Account No. Amount Seashore Dr. Reconstruction West of Orange St. 02- 3397 -308 $172,000.00 Street, Alley and Bikeway Resurfacing/ Reconstruction Program 02- 3385 -015 11,442.80 Plans and specifications for the project were prepared by Jaykim • Engineers, Inc. The contract specified completion of all work by March 15, 1986. Benjamin B. Nolan Public Works Director LRD:jd Att. :7 1 0 0 GILLESPII��A ct." LIC. NO. 447025 General Enginseriny Contractor 3004 Deodar Ave. a Suite D e Costa Mesa, Ca. 92626 a (714) 957 -0233 SEPTEMBER 13, 1985 CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. NEWPORT BEACH CA 92660 ATTN: MR. LLOYD DALTON RE: SEASHORE DR. IMPROVEMENTS Dear Mr. Dalton, On September 11, 1985 our company prepared and submitted for your consideration a Bid Proposal for the above referenced contract. Said Bid Proposal was prepared in accordance with the standards customary within our industry and pursuant to your instructions. As a result of the aforementioned bid proceedure it has been ascertained that the following order of bid amounts for the lowest three (3) bidders were as follows: No. 1 J.R. Lehigh Construction ....................$183,442.00 No. 2 Nobest .................. ....................$194,465.00 No. 3 Gillespie Construction, Inc. ...............$237,639.00 It has come to our attention that the low bidder failed to present bonds with the appropriate signator endorsement. Further, the second low bidder submitted an unproperly endorsed bid, whereby a Mr. Larry Hodland, Treasurer executed the bid. It has been customary that where a corporation submits a bid, only officers permitted or authorized to execute a bid is the President or Vice President (who merely executes the same in the absence of the President). Our company officially protests the award of this contract to either of the aformentioned companies for their failure to prepare and submit properly endorsed Bid Proposal Documents. '' -i -- Respectfully Submitted, Gillespie Construction, Inc. t'r-�Z��l�l /' Steven M. Murow Vice President ,,fiirH SMM /jvm 3 • NOENEST INCORPORATED License N 359622 P.O. Box 874, Westminster CA 92683 12 September 85 City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 -8915 Att: Lloyd Dalton 'Still , ��kKS `1 NE4VPCl7yQ'` Re: Proposals for Seashore Drive Reconstruction West of Orange St. Contract No. 2461 Dear Sir: This letter is a formal request of protest for the proposals received on September 11, 1985 for the above referenced project. As you are aware, the apparent low bidder (J.R Lehigh) had failed to sign the bidders bond required with the proposal. • In conversation with our attorney it was stated that an unsigned Bidders Bond is not a legal document. Proposals submitted without a bidders bond (sum not less than 10% of total bid price) are not responsive to the requirements outlined in the Instruction to Bidders and therefore incomplete and invalid. • 0 Please note, that in some cases contractors will intentionally not sign a required bid document, in order to have a reason to withdraw the proposal after the fact, if the bid results look disadvantageous to profitability. The competitive bidding process only works when everyone is required to perform under the same requirements and conditions. To make exceptions within this framework, underminds the credibility of the competitive bidding process. Nobest Incorporated has done a lot of work in the City of Newport Beach and has enjoyed a positive, productive working relationship with the city for several years. Nobest Incorporated beleives however, that J.R. Lehigh's bid proposal on the above referenced project is non - responsive and therefore can not be considered for contract award. Thank you for your time in addressing this matter. Please notify me of the city's action taken to resolve this situation. Best r ards, Larr dlan Treasurer Phone: (714► 89 - • • • On -1 y 6 lox A To be �- ecorlsti -acted -- I� I ` 1i p I y I CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 5,49140)7E GR. RECO,V57-11F! iCT,IC /V WF IF-- a,= Or4,,VSE C- 04r6. X1%1- : , 1~ a ♦Iy w I z: D s 4J 1 ~ c^ b S, 4 til 'V fY.I MI \� -,I .m y . ORANr-r ST y = w� DRAWN AZLZ DATE APPROVED PUBLIC WORKS DIRECTOR R.E. NO. — DRAWING NO. E,) f- lc7 r I= Authorised to Publish Advertisements of alrk nds including public notices by Decree of the Superior Court of orange County, California. Number A -621,l, dated 29 September. 1961, and A- 26831, dated 11 June. 1963. STATE OF CALIFORNIA County of Orange v„tmc t.h1aAo.,.N'0.W or thn .IbCat a .. m ) print .nh 10 cKs coe mn M llh 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 below entitled matter. I am a principal clerk of the Orange Coast DAILY PILOT, with which is combined the NEWS - PRESS, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that a Notice of Inviting Bids of which copy attached hereto is a true and complete copy, was printed and published in the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said newspaper for 1 time oosJYemlAx waaka to wit the issue(s) of August 29 198 5 , 198— 198_ 198_ , 198_ I declare, under penalty of perjury, that the foregoing is true and correct. - Executed on August 30 198 5 at Costa Mesa, Califpfnia. t 'V Signature Lq E stictl we often be opend Md recd for. 6eA- RE- q,OF tro0 by the CRY this 26th day of 1666. r L RwWo. qq • August 26, 1985 CITY COUNCIL AGENDA ITEM NO. F -16 TO: CITY COUNCIL iFROM: Public Works Department SUBJECT: SEASHORE DRIVE RECONSTRUCTION WEST OF ORANGE STREET (C -2461) BY THE CITY COUNCIL RECOMMENDATIONS: CITY OF NEWPORT BEACH 1. Reject all bids. AUG 2 6 1985 2. Direct staff to revise the specifications. APPROVED 3. Approve the plans and revised specifications. 4. Authorize the City Clerk tore- aduert3se = far, Jdsa to be opened at 11:00 A.M. on September 11, 1985. DISCUSSION: At 11:00 A.M. on August 15, 1985, the City Clerk opened and read the following bids for this project • Bidder Total Price Low Fecit Strata Construction $154,783 2 Sully- Miller Contracting Co. 244,148 3 Nobest, Inc. 255,207 4 Bruce Paving Company, Inc. 256,944 5 Gillespie Construction, Inc. 261,207 The low bidder, Fecit Strata Construction, has asked to be relieved of his bid (see attached letter). Although the letter cites Strata's failure to include costs for many items in his bid, staff points out that Strata's Bid Item No. 1 for Mobilization ($47,000) amounted to 30% of his bid. (Mobilization is usually un erst3— ood to include all costs required for bidding, bonding, insuring, conferring with staff, moving onto the jobsite, etc.) Since Fecit Strata Construction has not performed previous contract work for the City, staff made the usual check of licensing and work experience. We determined that Strata was properly licensed and that not all references were pleased with Strata's performance. The City of Santa Ana's staff cited poor • quality work, stop notices and liquidated damages on a previous job, and bypassed Strata to award a recent project to the #2 bidder. The City of Anaheim's staff cited similarly poor performance, plus problems with Strata's subcontractors, in recent projects. Other agencies, such as U.C.I. and the City of Huntington Beach, found Strata's work satisfactory. Plans, specifications and estimate for the project were prepared by Jaykim Engineers, Inc. Their construction estimate of $150,000 is 3% higher than Strata's bid and 59% lower than the other four contractors' average bid. 0 • August 26, 1985 Subject: Seashore Drive Reconstruction West of Orange Street (C -2461) Page 2 • The specifications stipulate that work shall not be concentrated in any area at any time. The intent is that the construction will not preclude reasonable vehicle access and parking distances to homes within the already congested construction area. In order for the contractor to satisfy this speci- fication, the work will have to be accomplished in many stages over a longer - than- normal construction period. It is staff's opinion that the Engineer's estimate does not account for the costs of such staged work, and that the esti- mate should be increased and the time of completion revised to $225,000 and March 15, 1986, respectively. In doing so, staff hopes to attract more bidders in a more competitive spirit. The current budget includes a $172,000 appropriation for the project. Additional funds for award may be obtained from the Street, Alley and Bikeway Resurfacing and Reconstruction Program, if needed. Seashore Drive, six intersecting streets and five alleys west of Orange Street are included in the contract work. The project provides for the construction of (1) "rolled" concrete drainage gutters along the south side of Seashore Drive and along the six intersecting streets where there are presently • no gutters; (2) a concrete pavement of the five alleys to replace deteriorated asphalt pavement which drains off surface water very poorly; (3) two cross gut- ters and a storm drain connection between Seashore Drive and Pacific Coast Highway; and (4) asphalt replacement overlay of all streets within the project area (see attached sketch). The project is Categorically Exempt from the provisions of the Environmental Quality Act of 1970. An appropriate Notice of Exemption has been prepared by the Public Works Department, approved by the Environmental Affairs Committee, and filed with the Clerk of the Board of Supervisors. �/ l L4 4��in B. Nolan Public Works Director LRD:jd Att. • • r: 3 0 5"it swt. /� — construction — 0 10727 LELAND AVENUE, WHITTIER, CALIFORNIA 90605 (213) 946 -7751 CALIF. LIG 0435439 August 16, 1985 CITY OF NEWPORT BEACH PUBLIC WORKS DEPT 3300 Newport Boulevard P.O. Box 1768 Newport Beach, Calif 92658 -8915 Gentlemen: Reference: SEASHORE DRIVE RECONSTRUCTION WEST OF ORANGE STREET 1984 -85 CONTRACT NO. 2461 We do hereby request to be relieved of the above - mentioned project in its entirety as we have established that a mistake has been made which has placed us in the position of low- bidder. We failed to mathmatically incorporate the following items: Bonding, insurance, mobilization, demobilization, barricading, and required safety equipment, multiple move -ons of sub- contractor, equipment standby, saw- cutting, and dump fees. We thank you for your consideration in this matter and request that we be relieved without penalties, as to perform our contractural obligations would cause a financial hardship for our firm. Most respectfully, CONSTRUCTION COMPANY Project Manager JJS:mt pECEtVED -�, pUGl!� 1985 �" i_ CITY Of trEWP CALIBEAOH�`I/ • • • O I a r k ~ •� -wT i � rt ln— X14 _tp_ - -� '•L.!` I •� in %O reccrls7r- :%cfed t-- O�. --1 I — _.I •Ft. Y I -J I I sr G1 _ n 1 .. P• COL 70 � �' __ __ •�� CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT �E��NOfr� GR. RECO,'VS,�,QUCTi0,1I WE.67 OF ORAAISE STREW.? C -2�'6r i1b i�lyl♦ 1 14: Ilt wlc ¢es usa \ .�4jwl.Ilol�j„ ��I:_ -, �. Iwilrr;n n i 4 wlV�d I" 41lNIV ` lY" lrliYri�lrn ^^1 �InrV4it -: •.�'C:. •M Iplr wrl: (/. 91J1�17[,r1[,rlt: INI a� <cc" _Tp,V 5T• DRAWN AI /Z_ DATE APPROVED PUBLIC WORKS DIRECTOR R.E. NO, _ DRAWING NO. E'x(-fel7- ?�- •wr.41Y --•� ` SIC Of 4 s �JJ�r r uneo t e y ,- i1b i�lyl♦ 1 14: Ilt wlc ¢es usa \ .�4jwl.Ilol�j„ ��I:_ -, �. Iwilrr;n n i 4 wlV�d I" 41lNIV ` lY" lrliYri�lrn ^^1 �InrV4it -: •.�'C:. •M Iplr wrl: (/. 91J1�17[,r1[,rlt: INI a� <cc" _Tp,V 5T• DRAWN AI /Z_ DATE APPROVED PUBLIC WORKS DIRECTOR R.E. NO, _ DRAWING NO. E'x(-fel7- ?�- •wr.41Y --•� ` SIC Of i1b i�lyl♦ 1 14: Ilt wlc ¢es usa \ .�4jwl.Ilol�j„ ��I:_ -, �. Iwilrr;n n i 4 wlV�d I" 41lNIV ` lY" lrliYri�lrn ^^1 �InrV4it -: •.�'C:. •M Iplr wrl: (/. 91J1�17[,r1[,rlt: INI a� <cc" _Tp,V 5T• DRAWN AI /Z_ DATE APPROVED PUBLIC WORKS DIRECTOR R.E. NO, _ DRAWING NO. E'x(-fel7- • • • TO: CITY COUNCIL FROM: Public Works Department BY THE CITY COUNCIL CITY OF NEWPORT BEACH JUL 221985 APPR01'" July 22, 1985 CITY COUNCIL AGENDA ITEM NO. F -11 SUBJECT: SEASHORE DRIVE RECONSTRUCTION WEST OF ORANGE STREET (C -2461) RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Authorize the City Clerk to adverti -se forbids to be opened at 11:00 a.m. on August 15, 1985. DISCUSSION: The current budget contains an appropriation of $172,000 for the reconstruction of Seashore Drive, six intersecting streets and five alleys west of Orange Street. The project includes the construction of (1) "rolled" con- crete drainage gutters along the south side of Seashore Drive and along the six intersecting streets where there are presently no curbs and gutters; (2) a concrete pavement in the five ten - foot -wide alleys to replace a deteriorated asphalt pavement which drains off surface water very poorly; (3) a storm drain connection between Seashore Drive and Pacific Coast Highway; and (4) asphalt reconstruction or resurfacing of all streets within the project area (see attached sketch). The Engineer's estimate is $160,000. Plans and specifications were prepared by Jaykim Engineers, Inc. All work should be completed by November 15, 1985. Benjamin B. Nolan Public Works Director LRD:jd Att. • u 3 a �i L r 2 c � ve u�Nw 8 M1 ro ry w ';5- I♦• To be rscorlSfrutcfei -f Nll �r II — -7 `fit — I �1y"'r w,�wlirl, rr :.e•i grim � �'?a al tib ,. 1 ril „, � � _� K11 I ♦ ♦w.' Irlrlvr ,nlw Lrrel.nl wry'(.F2 .� - -• +CCr ; r ORAF�GE Sl s� or � � n" L '�W �; can _v �4�: : '111 `•1YI ,14!e1 y,a! '41 of 3l aln •� I'� O i �A� IOC� uT!{R l•u! � � !rR "!l^'Q�NI.M, YfI tlM l.yr.JJ C111 N T C`4 r"1S' CCGTUN 67 CITY OF NEWPORT BEACH DRAWN AZ /2 DATE PUBLIC WORKS DEPARTMENT APPROVED SEASHORE DR. RECONSTRUCT /O/V PUBLIC WORKS DIRECTOR R.E. NO. WE 8T OF ORANGE STFEET C-2461 DRAWING NO. EXP/3 f T ti i D � i -I w 4 4I4 4 H' t� I NO¢D ` , ue �_A_i I• F @.,' ¢kF, '___ - is ae Wiz. a{A v4 !� f'Sr Fti� ots gg Im - j k °. I l...,,.I.., le � .. j 3 '' a •, — _ � Nll �r II — -7 `fit — I �1y"'r w,�wlirl, rr :.e•i grim � �'?a al tib ,. 1 ril „, � � _� K11 I ♦ ♦w.' Irlrlvr ,nlw Lrrel.nl wry'(.F2 .� - -• +CCr ; r ORAF�GE Sl s� or � � n" L '�W �; can _v �4�: : '111 `•1YI ,14!e1 y,a! '41 of 3l aln •� I'� O i �A� IOC� uT!{R l•u! � � !rR "!l^'Q�NI.M, YfI tlM l.yr.JJ C111 N T C`4 r"1S' CCGTUN 67 CITY OF NEWPORT BEACH DRAWN AZ /2 DATE PUBLIC WORKS DEPARTMENT APPROVED SEASHORE DR. RECONSTRUCT /O/V PUBLIC WORKS DIRECTOR R.E. NO. WE 8T OF ORANGE STFEET C-2461 DRAWING NO. EXP/3 f T ti Nll �r II — -7 `fit — I �1y"'r w,�wlirl, rr :.e•i grim � �'?a al tib ,. 1 ril „, � � _� K11 I ♦ ♦w.' Irlrlvr ,nlw Lrrel.nl wry'(.F2 .� - -• +CCr ; r ORAF�GE Sl s� or � � n" L '�W �; can _v �4�: : '111 `•1YI ,14!e1 y,a! '41 of 3l aln •� I'� O i �A� IOC� uT!{R l•u! � � !rR "!l^'Q�NI.M, YfI tlM l.yr.JJ C111 N T C`4 r"1S' CCGTUN 67 CITY OF NEWPORT BEACH DRAWN AZ /2 DATE PUBLIC WORKS DEPARTMENT APPROVED SEASHORE DR. RECONSTRUCT /O/V PUBLIC WORKS DIRECTOR R.E. NO. WE 8T OF ORANGE STFEET C-2461 DRAWING NO. EXP/3 f T 0 Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California, Number A -6214, dated 29 September, 1961, and A•24531, dated 11 June, 1963. STATE OF CALIFORNIA County of Orange Dudc MD1we ♦e.enlrp WO fa or 'Me eM10a1n1 u M m i D 1 in 10 Dice CO M t11 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 below entitled matter. I am a principal clerk of the Orange Coast DAILY PILOT, with which is combined the NEWS- PRESS, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that a Notice of Znvitins Bids of which copy attached hereto is a true and complete copy, was printed and published in the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said newspaper for t time dactlMAtaift9cflfs9141E to wit the issue(s) of July 25 198_5_ 198_ 198_ 198— , 198_ I declare, under penalty of perjury, that the foregoing is true and correct. Executed on July 25 198 5 at CostaMeS�a, California. Signature 7 Se'W bids may be w 00 sit, th%ZW" of the CIM it., 17a" NetteoM Meson, CA aQ 96uMlf 11:00 a.m. the 16th day of August, 9116, at r"Ich time such 1>Ide aM_ - bf, Opened and 1t�e1�fp fOM0, - 187f I' RIVE .9EA- &ffQRE ".URiiVE RE- 'CONaTRU"ON WB9T OF ORAWit STREET 1 �'1AAwovs J .. oana this /Y rt11a1y h�C Uloy f : J 1996. AtIDAp 0 A(EW01 Cm obtain we east of �d w-- mann at � cwt rkins place of the .33 Works Dapa11- mant, 1.3300 56X Vp t Boulevard. P.O; tah, 1 CA New Dort Baash, CA 9286E -9916. maFor further A. ton, melon, apr R. Dalton, Vrolsct ManaagQeer at 644-3311. Orang Published Pilot J Orange Coot Daily Pilot July 26, 1985 _ _