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HomeMy WebLinkAboutC-2769(A) - Lido Isle Sidewalk ReplacementCITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 October 7, 1994 Lambaren Contractors, Inc. 23200 Olive Avenue E1 Toro, CA 92630 (714) 644 -3005 Subject: Surety: Merchants Bonding Company (Mutual) Bond No. 702252 Contract No.: C -2769 Project: Lido Isle Sidewalk Replacement, Phase I The City Council of Newport Beach on September 12, 1994 accepted the work of subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. The Notice was recorded by the Orange County Recorder on September 22, 1994, Reference No. 94- 0573479. Sincerely, ' Wanda E. Raggio City Clerk WER:pm cc: Public Works Department 3300 Newport Boulevard, Newport Beach RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk fa l 7n city Srt Beach Newport Beach, CA Boulevard 00T 7 1394 Crry a pK KF`PO i BEACH 0 DOC # 94-0573479 ?�- SLR• -19i94 c9. "I't in Ffici_1 Re:_erM l'i Ui d�a" LUij)ity, ldtLIUr 11 a � Lee 5In -,c`, C'Ouil.ly Feccrder a3e . of `T...}... 1 3 • "Exempt from recording fees pursuant to Government Code Section 6103" L? 1 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Lambaren Contractors, Inc., 23200 Olive Avenue, E1 Toro, CA 92630 as Contractor, entered into a Contract on February 28, 1994 Said Contract set forth certain improvements, as follows: Lido Isle Sidewalk Replacement, Phase I (C -2769) - located in the City of Newport Beach, County of Orange Work on said Contract was completed on July 15, 1994 and was found to be acceptable on September 12, 1994 by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Merchants Bonding Company (Mutual), 2425 E. Camelback Road, Suite 800, Phoenix, AZ 85016 BY Punilc oTres Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on at Newport Beach, Califo ia. BY city Cierk Ofi\: I 3 SEP September 12, 1994 CITY COUNCIL AGENDA ITEM N0.__ 25___ TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: ACCEPTANCE OF SIDEWALK AND CURB AND GUTTER REPLACEMENT PROGRAM; AND LIDO ISLE SIDEWALK REPLACEMENT, C -2769. RECOMMENDATIONS: 1 . Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after • the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. DISCUSSION: The contract for the curb and gutter replacement at various location in the City has been completed to the satisfaction of the Public Works Department. The bid price was $211,276.50 Amount of unit price items constructed 219,481.50 Amount of change orders 28,858.50 Total contract cost $248,240.00 The increase in the amount of the unit price items constructed resulted from additional reconstruction of sidewalk. Three change orders were issued to complete the project. The • first, in the amount of $787.50, provided for removal and replacement of additional sidewalk at the Fun Zone. The second, in the amount of $27,472.50 provided for the removal and reconstruction of curb and gutter on Harbor Island Drive and sidewalk replacement on Edgewater Avenue and Buena Vista Boulevard as requested by General Services. The third, in the amount of $598.50, provided for the construction of two curb access ramps on St. Andrews Road. o) 1 • a SUBJECT: ACCEPTANCE OF SIDEWALK AND CURB AND GUTTER REPLACEMENT PROGRAM; AND LIDO ISLE SIDEWALK REPLACEMENT, C -2769. September 12, 1994 • Page 2 Funds for the project were budgeted in the General fund, Account No.'s 7013 - 98313046, 7013- 98391003, 7013 - 98313003 and 7013 - 98313006. The Lido Isle Community Association (LICA), under a cooperative agreement, contributed $28,059.87. The contractor is Lambaren Contractors, Inc., City of El Toro. The contract completion date was May 20, 1994. Due to extra work, the project was not completed until July 15, 1994. . kZ Benjamin B. Nolan Public Works Director HH:so • • CITY MF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: February 28, 1994 7 SUBJECT: Contract No. C -2769 Description of Contract Lido Isle Sidewalk Replacement, Phase I Effective date of Contract February 28, 1994 Authorized by Minute Action, approved on February 14 1994 Contract with Lambaren Contractors, Inc. Address 23200 Olive Avenue E1 Toro, CA 92630 Amount of Contract $211,267.50 " s , Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach & 0 • TO: CITY COUNCIL APPROVED FROM: PUBLIC WORKS DEPARTMENT 0 February 14, 1993 CITY COUNCIL AGENDA ITEM NO. 16 SUBJECT: 1993 -94 SIDEWALK AND CURB AND GUTTER REPLACEMENT PROGRAM; AND LIDO ISLE SIDEWALK REPLACEMENT, PHASE I (C -2769) RECOMMENDATIONS: 1. Rescind the award of Contract No. 2769 to O'Keefe Engineering, Inc. and direct staff to either collect the bidder's bond or negotiate a settlement in lieu of collecting the bidder's bond. 2. Award Contract No. 2769 to the second low bidder, Lambaren Contractors, Inc. for the Total Bid Price of $211,267.50 and authorize the Mayor and the City Clerk to execute the contract. 3. Direct staff to use the low bidder's unit prices to compute costs for Lido Isle Community Association's portion of the work. DISCUSSION: This project provides for the replacement of defective Portland cement concrete improvements in Westcliff, Harbor Highlands, Cliff Haven and Hoag Hospital areas, and for a cooperative project with the Lido Isle Community Association (LICA) to replace sidewalks and portland cement concrete improvements on Lido Isle. The concrete replacement is deemed necessary to 1) eliminate improvements which have been uplifted and displaced; and 2) restore adequate drainage gradients to improvements which have been uplifted and displaced. Said uplift and displacement is usually due to unstable subgrade or root growth of nearby street trees or private trees. • At 11:00 A.M. on November 30, 1993 the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID PRICE Low O'Keefe Engineering, Inc. $ 209,998.00* 2. Lambaren Contractors, Inc. 211,267.50 1 APPROVED FROM: PUBLIC WORKS DEPARTMENT 0 February 14, 1993 CITY COUNCIL AGENDA ITEM NO. 16 SUBJECT: 1993 -94 SIDEWALK AND CURB AND GUTTER REPLACEMENT PROGRAM; AND LIDO ISLE SIDEWALK REPLACEMENT, PHASE I (C -2769) RECOMMENDATIONS: 1. Rescind the award of Contract No. 2769 to O'Keefe Engineering, Inc. and direct staff to either collect the bidder's bond or negotiate a settlement in lieu of collecting the bidder's bond. 2. Award Contract No. 2769 to the second low bidder, Lambaren Contractors, Inc. for the Total Bid Price of $211,267.50 and authorize the Mayor and the City Clerk to execute the contract. 3. Direct staff to use the low bidder's unit prices to compute costs for Lido Isle Community Association's portion of the work. DISCUSSION: This project provides for the replacement of defective Portland cement concrete improvements in Westcliff, Harbor Highlands, Cliff Haven and Hoag Hospital areas, and for a cooperative project with the Lido Isle Community Association (LICA) to replace sidewalks and portland cement concrete improvements on Lido Isle. The concrete replacement is deemed necessary to 1) eliminate improvements which have been uplifted and displaced; and 2) restore adequate drainage gradients to improvements which have been uplifted and displaced. Said uplift and displacement is usually due to unstable subgrade or root growth of nearby street trees or private trees. • At 11:00 A.M. on November 30, 1993 the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID PRICE Low O'Keefe Engineering, Inc. $ 209,998.00* 2. Lambaren Contractors, Inc. 211,267.50 0 0 SUBJECT: 1993 -94 SIDEWALK AND CURB AND GUTTER REPLACEMENT PROGRAM; AND LIDO ISLE SIDEWALK REPLACEMENT, PHASE I (C -2769) February 14, 1994 Page 2 3. Bopark Enterprises, Inc. 236,901.25 4. Nashat Design & Construction, Inc. 238,400.00 5. ARA Engineering Contractor 257,017.50 6. Civil Works Corporation 278,326.00 ** 7. Nobest Incorporated 318,899.25 8. J & B Kovac Engineering, J.V. 352,466.00 9. Damon Construction Co. 395,984.00 * Corrected Total Bid Price is $209,878.50 ** Corrected Total Bid Price is $275,926.00 The contract was awarded to O'Keefe Engineering, Inc. on December 13, 1993. However, in spite of numerous telephone calls and staff letters (copies attached, Exhibits lA and 1B), O'Keefe has failed to provide proper liability insurance indemnification for the City as required by the bid documents. A letter sent by Gary A. Plotkin, Attorney representing O'Keefe (copy attached, Exhibit 2) states that O'Keefe is unable to obtain the proper insurance necessary and cannot proceed with the project. The second low bidder, Lambaren Contractors, Inc., has agreed, by letter, to perform the work for the Total Bid Price of $211,267.50 (copy attached, Exhibit 3). Their total bid price is 12 % below the revised Engineer's Estimate of $240,000. Lambaren is a well - qualified general engineering contractor who possesses a Class A Contractor's license. Lambaren has not performed previous contract work for the City; however, a check with their experience references and the State Contractors' License Board has shown that Lambaren has successfully completed similar projects for other agencies and has no pending actions detrimental to their contractor's license, respectively. A cooperative agreement has been executed and a deposit based on the low bidder's bid prices has been remitted to the City by LICA. Under the agreement, LICA and the City will pay their proportionate shares of the items of work and the construction contract will be administered by the City. The Association will incur the cost for special coloring and scoring of concrete, for reconstructing a LICA parking area, for • 0 4 0 0 SUBJECT: 1993 -94 SIDEWALK AND CURB AND GUTTER REPLACEMENT PROGRAM; AND LIDO ISLE SIDEWALK REPLACEMENT, PHASE I (C -2769) • February 14, 1994 Page 3 constructing a driveway approach to Lido Bridge Boat Garden, and for replacing panels of sidewalk area which LICA judges to be aesthetically unacceptable. Unfortunately, the second low bidder's bid prices appear to be unbalanced, and vary substantially from those of the low bidder. LICA has objected to paying costs based upon the second low bidder's prices. Since the total contract costs of the low and second bidders are within 1% of each other, Staff recommends that the parties use the low bidder's unit prices for calculating LICA costs. The City Attorney has expressed no objection to this procedure. Funds to re -award the project are provided in the following accounts: • Accounts Budget No. Amount Lido Isle Sidewalk Replacement 7013 - 9831 -3046 $ 50,000.00 Sidewalk, Curb and Gutter Replacement Program (Public Works) 7013 - 9830 -1003 $ 21,914.00 Sidewalk, Curb and Gutter Replacement Program (Gen. Services) 7013 - 9831 -3003 $100,000.00 Curb Access Ramp Construction Prog. 7013- 9831 -3006 $ 9,878.50 LICA's share 7013 - 9831 -3046 S 29,475.00 Total $211,267.50 Plans and specifications for the project were prepared by the Public Works Department. The estimated date of completion has been extended because of the 2 month contracting delay to May 20, 1994. i Benjamin B. Nolan Public Works Director GW:so Attachments 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARIMENI* PO. BOX 1768, NEWPORT BEACH. CA 92659 -1768 (714) 644 -3311 January 12, 1994 O'Keefe Engineering, Inc. 4761 Lincoln Avenue Cypress, CA 90630 Attention: Gene Miller Subject: 1993 -94 SIDEWALK AND CURB & GUTTER REPLACEMENT PROGRAM; LIDO ISLE SIDEWALK REPLACEMENT, PHASE I, (C -2769) Gentlemen, In reference to your January 12, 1994 fax of the Certificate of Insurance, United National Insurance Co., named for general liability coverage, is not currently authorized by the Insurance Commissioner to transact business of insurance in the State of California (see attachment). Therefore, United National Insurance Co. is not acceptable. As requested per my letter dated January 7, 1994 (attached), enclosed are four copies each of the following insurance documents 1. Page 10; Certificate of Insurance 2. Pages 11 & 11A; General Liability Insurance Endorsement 3. Pages 12 & 12A; Automobile Liability Insurance Endorsement 4. Page 13; Workers' Compensation Insurance Certification The City of Newport Beach will not permit a substitute format for these insurance documents. Please provide an insurance company which meets the City's requirements (see contract document page 7, attached) and resubmit as soon as possible for further processing. In addition, when you received the contract documents on December 16, 1993, a letter was attached requiring all the contract documents to be returned within ten (10) days (not including Saturday, Sunday, and Federal holidays). If you have any questions regarding this matter, please call me at (714) 644 -3334. Very truly yours, Gilbert Wong' Project Engineer B: \OKEEFE.94B 3300 Newport Boulevard, Newport Beach • • • cv 441 air ie 3 y 4F W CITY OF NEWPORT BEACH PUBI.IC WORKS DEPARTMENT P.O. BOX 1768. NEWPORT BEACH. CA 92659 -1768 (714) 644 -3311 January 21, 1994 O'Keefe Engineering, Inc. 4761 Lincoln Avenue Cypress, CA 90630 Attention: Mary O'Keefe Subject: 1993 -94 SIDEWALK AND CURB & GUTTER REPLACEM OGRAM; LIDO ISLE SIDEWALK REPLACEMENT, PHASE I, -2769) Dear Ms. O'Keefe, This letter serves as a follow -up to your January 19, 1994 telephone conversation with Gilbert Wong, Project Engineer and • his previous letters to O'Keefe. You indicated O'Keefe Engineering, Inc. is unable to obtain the insurance coverage as required by the contract documents. The contract documents, which are required to be returned to us fully executed within 10 working days after the December 15, 1993 "Notice of Award" letter, are very delinquent. Consequently, we consider your firm to be in default for failing to enter into and execute this contract with the City. Therefore, it is our intention to recommend that the City Council rescind its award to your firm at the Council meeting of February 14, 1994 for failure to perform, and that the City Attorney collect your bid bond. If you have any questions regarding this matter, please contact Mr. Wong at (714) 644 -3334. Very truly yours, 4 / J &, • Benjamin B. Nolan Public Works Director xc: City Manager City Attorney 3300 Newport Boulevard, Newport Beach PY141RIT /R • LAW OFFICES • PLOTKIN, RAPOPORT & NAHMI AN ASSOCIATION INCLUDING PROFESSIONAL CORPORATIONS FIRST INTERSTATE BANK BUILDING 16633 VENTURA BOULEVARD SUITE 800 ENCINO, CALIFORNIA 91436 -1836 TELEPHONES (818) 906 -1600 • (213) 879 -9481 TELECOPIER (818) January 26, 1994 GARY A. PLOTKIN DIRECT LINE (818) 905 -4200 Mr. Gilbert Wong City of Newport Public Works Department P.O. Box 1768 Newport Beach, CA 92659 Re: O'Keefe Engineering, Inc. CITY OF NEWPORT BEACH RECEIVED j IAN 3 1 1994 , 1 IN REPLY REFER T0: 4901.1 Dear Mr. Wong: • Thank you for sending me a complete set of documents in connection with job C -2769. As I believe we are both aware, the insurance available to O'Keefe does not qualify with a rating "Atl or higher. Accordingly, unless the City of Newport Beach wants to make an exception, the client cannot proceed with the project. Mary O'Keefe has advised me that previously there was some discussion regarding awarding the project to the second bidder at a price which was approximately $2,000.00 more than the bid of my client. Obviously, this would substantially reduce exposure to my client. Kindly advise. GAP /kp CC: Mary O'Keefe Mr. Gary Howard Very truly yours, PLOTKIN RAPOPORT & NAHMIAS GARY A. PLOTKIN ,C' y1 4J / R / T 7 'r 02 -01 -1994 04:02PM F *714 859 7797 TO 641&8 P.02 LAMEAREN CONTRACTORS INC. • 23200 OLIVE AVE. EL TORO, CA 92630 TELEPHONE 714 - 859.7104 FEBRUARY 1, 1994 0 CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. NEWPORT BEACH, CA. 92659 RE: LIDO ISLE SIDEWALK REPLACEMENT 02769 ATTN: MR. GILBERT.WONG GENTLEMEN, PER OUR TELEPHONE CONVERSATION THIS MORNING, LAMBAREN CONTRACTORS, INC. IS WILLING TO PERFORM THE WORK AS SPECIFIED ON THE BID PACKAGE SUBMITTED ON NOVEMBER 30, 1993 FOR THE ORIGINAL SID AMOUNT OF $211,267.50 FOR THE TOTAL CONTRACT PER QUANTITIES STATED IN BID. IF YOU HAVE ANY QUESTION PLEASE DO NOT HESITATE TO CALL ME AT MY OFFICE. SINCERELY, JUA� LAMBAREN, PRES. TOTAL P.02 �XA4 /R/T .'4 s� • CITY CLERK p. 1 NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P. 0. Box 1768, Newport Beach, CH 92659 -1768 until 11:00 A.M. on the 30th day of November , 1993, at which time such bids shall be opened and read for LIDO ISLE SIDEWALK REPLACEMENT, PHASE I Title of Proiect 2769 Contract ract No. $240,000 Engineer's Estimate Reproved by the City Council this 8th day of November 1993. Wanda E. Raggi 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 92659 -1768. For further information, call Gilbert Wong at 644 -3311. Project Manager • i PR 1.1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL 1993 -94 SIDEWALK AND CURB AND GUTTER REPLACEMENT PROGRAM D LIDO ISLE SIDEWALK REPLACEMENT, PHASE I CONTRACT NO. 2769 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659 -1768 Gentlemen: The undersigned declares that he has carefully examined the location of the work, that he has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all work required to complete this Contract No. 2769 in accordance with the Plans and Special Provisions, and that he will take in full payment therefore the following unit price for the completed item of work, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Traffic Control and Mobilization Q Five Thousand Dollars and 00 /100 Cents Per Lump Sum 2. 42 Remove existing P.C.C. Lin. Ft. rolled curb and gutter and replace with depressed rolled curb and gutter per schedule (only on Lido Isle) p Twelve Dollars and Fifty Cents Per Lineal Foot $ 5,000.00 $ 12.50 $ 525.00 PR 1.2 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 3. 29,000 Reconstruct existing P.C.C. Sq. Ft. sidewalk per schedule @ Two Dollars and Fifty Cents $ 2.50 $72,500.00 Per Square Foot 4. 3,100 Reconstruct existing P.C.C. Lin. Ft. curb and gutter per schedule @ Fifteen Fifty Per Lineal Foot Dollars and Cents $ 15.50 $48,050.00 5. 570 Remove existing P.C.C. improvements Sq. Ft. and construct P.C.C. driveway approach per schedule @ Six Dollars and Fifty Cents $ 6.50 $ 3,705.00 Per Square Foot 6. 800 Remove existing A.C. pavement Sq. Ft. and construct 6" thick P.C.C. parking area pavement per schedule (only on Lido Isle) @ Six Dollars and Fifty Cents $ 6.50 $ 5.200.00 Per Square Foot 7. 2,000 Remove existing P.C.C. improvements Sq. Ft. and construct Type "Ell \ Type "C" P.C.C. access ramps per schedule @ Four Dollars and Fifty Cents $ 4.50 $ 9.000.00 Per Square Foot PR 1.3 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 8. 1,000 Remove existing P.C.C. improvements Sq. Ft. and construct Type "L" P.C.C. access ramps per schedule (where applicable include 5" variable curbing,P.C.C, curb and gutter transition and P.C.C. X -gtr. spandrels) 9. 825 Sq. Ft 10. 2,100 Lin. Ft 11. 300 Lin. Ft 12. 550 Sq. Ft. @ Five Dollars and fifty Cents $ 5.50 $ 5,500.00 Per Square Foot Reconstruct existing P.C.C. alley approaches per schedule @ Five Dollars and Fifty Cents $ 5.50 $ 4,537.50 Per Square Foot Provide and install root barriers for sidewalk replacement per schedule @ Two Dollars and Fifty Cents $ 2.50 $ 5,250.00 Per Lineal Foot Provide and install root barriers for curb and gutter replacement per schedule @ Two Dollars and Fifty Cents $ 2.50 Per Lineal Foot Remove existing P.C.C. improvements in the parkway per schedule @ Two Dollars and Fifty Cents $ 2.50 Per Square Foot 13. ISO Reconstruct existing P.C.C. rolled Lin. Ft. curb and gutter per schedule S 750.00 $ 1,375.00 @ TweI ve Dollars and Fifty Cents $ 12.50 $ 1,875.00 Per Lineal Foot PR 1.4 z ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 14. 15,000 Construct "Diamond" pattern Sq. Ft. score line on proposed P.C.C. Lido Isle sidewalk (except along the Lido Isle bridge) O One Dollars and Fifty Cents $ 1.50 $22,5nn_on Per Square Foot 15. 17,000 Provide and mix color additive "Adobe Tan" Sq. Ft. No.0 -21 of Chromix as manufactured by Scofield Co. to proposed P.C.C. sidewalk, curb access ramps, parking area, and driveway approach (only on Lido Isle) Q One Dollars and Fifty Cents $ 1_Sn $ 75,5nn_no Per Square Foot Two Hundred Eleven Thousand Two Hundred Sixty Dollars Seven and Fifty Cents TOTAL BID PRICE (WRITTEN IN WORDS) 11/30/93 Lambaren Contractors, Inc. Date Bidder is T. Lambaren, President $ 211,267.50 TOTAL BID PRICE (FIGURES) 453493 23200 Olive Avenue, E1 Toro, CA 92630 Bidder's License Bidder's Address No. & Classification s 0 INSTRUCTIONS TO BIDDERS 7 Page 2 The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: PROPOSAL (Page 1) INSTRUCTIONS TO BIDDERS (Page 2) DESIGNATION OF SUBCONTRACTORS (Page 3) BIDDER'S BOND (Page 4) NON - COLLUSION AFFIDAVIT (Page 5) TECHNICAL ABILITY AND EXPERIENCE REFERENCES (Page 6) except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. The City of Newport Beach will not permit a substitute format for the documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 5/91 Page 2A In accordance with the California Labor Code (Sections 1770 et seq.) , the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." All documents shall bear authorized to sign on behalf of signatures shall be of a co authorized by the corporation. shall be of a general partner. shall be of the owner. signatures and titles of persons the bidder. For corporations, the �porate officer or an individual For partnerships, the signatures For sole ownership, the signature 453493 "A" Contractor's License No. & Classification Lambaren Contractors, Inc. Bidder 11 -30 -94 Date 5/91 orized Signature /Tit T. Lambaren, President 0 0 Page 3 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Subcontract Work Subcontractor Address 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Lambaren Contractors, Inc Bidder jAArized Signature./Title 5/91 MERCHANTS //jB�yONJ)IpNG (POMPA" ..- .-iiLu 3465 CAMINO DEL RIO SOUTH, SU17E 310, SAN DIEGO. CA 92108 (619) 282 -7172 /(800) 624.2415 BID OR PROPOSAL BOND KNOW ALL MEN BY THESE PRESENTS: State of CALIFORNIA County of ORANCF On NOV. 29, 1993 before me, ANGELINA L. REYES, NOTARY PUBLIC (DATE) (NAN1E. TITLE OF OFFICER - I.E.. -JANE DOE, NOTARY PUBLIC-) personally appeared JUAN T AMRARFN (NAME(S) OF SIGNER(S)) IB personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are sub- scribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures) on the instrument the COM:YL # L BEES person(s), or the entity upon behalf of which the can,Lr wor -cqr wr fUSUC.curtafa � person(s) ailed, executed the instrument. 11 ►rramtrrR :eDec 23.1996 D Witness hand and official seal. W i LL O CAPACITY CLAIMED BY SIGNER(S) ❑ INDIVIDUAL(S) OFFICER �] CORPORATE OFFICER(S) PRESIDENT • PARTNER(S) (TITLE(S)) • ATTORNEY IN FACT • TRUSTEE(S) • GUARDIAN /CONSERVATOR • OTHER: SIGNER IS REPRESENTING: MAME OF PERSON(S) OR ENTITY9ES)) LAMBAREN CONTRACTORS, INC ATTENTION NOTARY: The iMemnoi n requested below is OPT16hAL. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Signer(s) Other Than Named Above Date of Document WOLCOTTS WRY LV40 —AU PURPOSE ACILWA DCAW WIN SWR LAPACRYiKPRESENTA70N/RNGERPW —Per. 1292 01992 WOLLOTTS WK. t. STATE OF CALIFORNIA ! - County of ORANGE )j as On NOVEMBER 29, 1993 before me, J. JOHNSTON (here insert name and title of the officer), personally appeared MICHAEL A. OUIGLEY Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(sj Wan subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ her /their authorized capacity(ies), and that by tum(s) on the instrument the Person(s), or the entity upon behalf of which the person(s) ec x the initrumenL WITNESS my hand and official seal, (Seal) • 8565 6/270 STONG- QUIGLE`+ INS SERV INC Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Men By These Presents, that the MERCHANTS BONDING COMPANY (Mutual), a corporation duty organized under the laws of the State of Iowa, and having its principal office in the City of Des Moires, County of Polk, State of Iowa, ham made, constituted and appointed, and does by these presents make, constable and appoint >>>KICHAEL A. QUIGLEY* *JENNIFER JOHNSTON<<< >>X<< »X« Of pL ISQ V I EJO and state of CA its true and lawful Attorney -in -Fact. with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in as behalf as surety: >>>ONE MILLION DOLLARS($1,000,000.00)<<< and to bind the MERCHANTS BONDING COMPANY (Mutual) thereby as fully and to the same extent as 0 such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (Mutual), and all the acts of said Attorney, pursuant to the authority herein given, are hereby ratified and confirmed. This Powerof- Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (Mutual). ARTICLE 2, SECTION 8. — The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Aaomeytin- Feet, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE 2, SECTION 9. — The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness "*red, MERCHANTS BONDING COMPANY1Mptual) has caused these presents to be signed by as Vice Pres.dq and President, and as corporate seal to be hereto affixed, this 25th day of A.D., 19 Attest: A / 4v- VitYftI STATE OF IOWA COUNTY OF POLK as MERCHANTS BONDING COMPANY (Mutual) •' �1�tN L � Giy ' pp,,� V' G i937 On this 25th day of August 19 93 , before me appeared M.J. long and W.G. Brundage, to me personally known, who being by me duty swum did say that they are Vice President and SecretaryRreasurer respectively of the MERCHANTS BONDING COMPANY (Mutual), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrement is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, l have hereunto set my hand and affixed my Ci ficial Seal. at #0 City of Des Manes, Iowa the day and year fast above written. k 6 • r ..-*. LY N O S A .T • o IOWA S Oy• '•....... �•r . ••_ 411106"' _•: STATE OF IOWA COUNTY OF POLK u. M 1 Hoary MOIL. P C•M•y. IO.I My Cmmnaixw apl 11.4.95 I, M.J. Long, Vice Preskfentof the MERCHANTS BONDING COMPANY (Mutuall, do herebycerfily Met ft above and foregoing is a true and correct copy of me POWER OF ATTORNEY, exedxded by said MgFC" jS"DING COMPANY (Mutual), which is still in force arid effect. �pN" In Wimess Whereof, I hove hereunto set my hand and affixed the seal of the Company, at ALI SO V rEf1QC;F F G yS Z'• th s _ <• 29TH ndYa NOVEMBER 19. 93 'r I"j t9 This power of attorney expires December 31, 1995. / ty' �•• MB 96 0 0 Page 5 NON - COLLUSION AFFIDAVIT State of California ) ss. County of Om N ) A y eA being first duly sworn, ppsesp and says that he or she is �S / de of % i,,l (gyph Dc YS , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, south by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoin is true and correct. ANGEUNA L REYES L-.a 1Nt lO4Y�LZ Can t�rar iDrs c� Bidder CgrrRdA Oran* Al( uthori2red "Signature /Title Subscribed and sworn to before me this ,30 day of 1921. a Public My mmission Exp es : 5/91 [SEAL] a ANGEUNA L REYES .� CWM- !981579 NOTARY NRUC• n a CgrrRdA Oran* CaA ky Comm. Ewr a Dm. 23,19% 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 For Whom Person Telephone Completed Performed (Detail) To Contact Number See Attachment •� mj 5/91 an I 02 -01 -1994 08 :43AM GbM 714 859 7797 TO W318 P.01 JANUARY 31, 1994 CITY OF NEWPORT BEACH 3300 NEWPORT BLVD. NEWPORT BEACH, CA. 92659 ATTN: MR, GILBERT WONG PER YOUR REQUEST THESE ARE SOME ENTITIES FOR WHICH WE HAVE PERFORMED SIMILAR TYPE OF WORK AS THE LIDO ISLE SIDEWALK REPLACEMENT, PHASE I. 1. COUNTY OF ORANGE SIDEWALK, CURB & GUTTER REPAIR IN EMA /PUBLIC WORKS THE ROSSMOOR AREA- 1991 P.O. BOX 4048 RICHARD CLAWSON /(714) 567 -7810 SANTA ANA, CA. 92702 -4048 $340,943.00 2. COUNTY OF ORANGE EMA /PUBLIC WORKS P.O. BOX 4048 SANTA ANA, CA. 92792 3. CITY OF FOUNTAIN VALLEY 10200 SLATER AVE. FOUNTAIN VALLEY, CA. 92708 4. CITY OF MISSION VIEJO 26522 LA ALAMEDA MISSION VIEJO, CA. "92691 5. CITY OF SANTA ANA 217 N. MAIN ST. SANTA ANA, CA. ATTENTIVELY, ANGELINA L. REYES /SEC. TREAS. SIDEWALK REPAIR IN THE EL TORO AREA PHASE -II RICHARD CLAWSON /(714) 567 -7810 $55,648.00 CURB & GUTTER R &R AT VARIOUS LOCATIONS WAYNE OSBORNE /(714)965 -4400 $28,680.50 ANNUAL CURB & GUTTER R &R JERRY HILL /(714) 582 -2489 $50,000.00 VARIOUS PROJECTS BILL ALBRIGHT /(714) 565 -4029 0 0 Page 7 NOTICE TO SUCCESSFUL BIDDER The following contract documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of mailing Notice of Award to the successful bidder: PAYMENT BOND (Page 8) FAITHFUL PERFORMANCE BOND (Page 9) CERTIFICATE OF INSURANCE (Page 10) GENERAL LIABILITY INSURANCE ENDORSEMENT (Page 11) AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT (Page 12) WORKERS' COMPENSATION INSURANCE CERTIFICATION (Page 13) CONTRACT (Page 14) 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. Payment and faithful performance bonds shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VIII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. The Workers' Compensation Insurance Certification shall be executed and delivered to the Engineer along with a Certificate Of Insurance for workers' compensation prior to City's execution of the Contract. 5/91 BOND #CA 702 • PREMIUM INCLOD ON PERFORMANCE BOND. Page 8 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted Fehruary 14, 1994 has awarded to I amharpn rnntrartnrc. Tnr_ hereinafter designated as the "Principal ", a contract for Lido Islp Sidewalk Replacement Phase I (Contract No. rr.�) in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach, and all of which are incorporated herein by this reference; WHEREAS, said Principal has executed or is about to execute Contract No. r,- 276q and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We, LAMBAREN CONTRACTORS, INC. as Principal, and MERCHANTS BONDING COMPANY JmuTu AL_ _ as Surety, are held firmly bound unto the City of Newport Beach, in the sum of *SEE BEWW Dollars ($211,267.50 - - - - -) , said sum being equal to 10016 of the estimated amount payable by the City of Newport Beach under the terms of the contract; for which payment well and truly 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 /her 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 Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, 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. *TWO HUNDRED ELEVEN THOUSAND TWO HUNDRED SLATY SEVEN AND 501100------ - - - - -- 5/91 s • Page 8A 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 to them or their assigns in any suit brought upon this bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And 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 above named Principal and Surety, on the 16TH day of FEBRUARY , 19 94 11 Iamharen fnntrtlCL ^r5 InC Name of Contractor , (Principal) MERCHANTS BONDING COMPANY (MUTUAL) Name of Surety 2425 E. CAMELBACK ROAD, SUITE 800 PHOENIX, AZ 85016 Address of Surety MICHAEL A. 1- 800 -848 -2663 Telephone it nt NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED S /91 FACT STATE OF CALIFORNIA County of ORANGE ❑ Acknowledgment of Principal © Acknowledgment of Surety (A ) NS On FEBRUARY 16, 1994 before me. J. JOHNSTON (here insert name and title of the officer), personally appeared MICHAEL A. QUIGLEY i.JONNSTON Notary Fubbc Saiiio: nia ,u C:lAP:G` i;OUNiY ujmissiou Exp. 1012197 personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument. — �, „ WITNESS my hand and official Signature f IN J.k& (Sea]) ALIFORNIA W FCounty RANf:F On 02/18/94 before me, ANGELINA L. REYES NOTARY PUBLIC LL O (OATEt INANE, WLE OF OFFICER - LE..'JANE DOE. NOTARY PUSUCI personally appeared JUAN T. LAMBAREN CAPACITY CLAIMED BY SIGNER(S) (NAME(S) OF SIGNER(SI) ❑ INDIVIDUAL(S) K(CORPORATE OFFICER OFFICER(S) PRESIDENT ❑ PARTNER(S) (TITLE(S)) ❑ ATTORNEY IN FACT (A personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are sub- ❑ TRUSTEE(S) scribed to the within instrument and acknowledged ❑ GUARDIAN /CONSERVATOR to me that he /she /they executed the same in ❑ OTHER: ANGEIINA L REYE$ his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the 3 .. NOTAAYR981579 SAW L person(s), or the entity upon behalf of which the a My Centro Wree DOC *43, t496'� person(s) acted, executed the Instrument. Witn my han and offici SIGNER IS REPRESENTING: (NAME OF PERSONISt OR ENTITYliES)) L AMBARIN;COWRACTO a, INC (SEAL) (SIGNA RE FNOT ATTENTION NOTARY: The Information requested betow Is ONAL. It could, however, pr nt IFaudulenl attachment of this certificate to any unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages Date of Document DESCRIBED AT RIGHT: Signer(s) Other Than Named Above RIGHT THUMBPRINT (OPTIONAL) • 9565 6/2710 STONG- QUIGLEA? INS SERV INC Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Men By These Presents, that the MERCHANTS BONDING COMPANY (Mutual), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, ham made, constituted and appointed, and does by these presents make, constitute and appoint >>>MICHAEL A. QUIGLEY* *JENNIFER JOHNSTON<<< >«< »>«< of �T F 7n and state of CA its true and lawful Attorney -in -Fact, with full power an y ereoy bonferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety: >>>ONE MILLION DOLLARS($1,000,000.00)<<< and to bind the MERCHANTS BONDING COMPANY (Mutual) thereby as fully and to the same extent as it such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (Mutual), and all the acts of said Attorney, pursuant to the authority herein given, are hereby ratified and confirmed. This Power- of- Atoomey is made and executed pursuantto and by authonlyof the following By -Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (Mutual). ARTICLE 2, SECTION B. — The Chairman of the Board or President or any Vice Resident or Secretary shall have power and authority to appoint Atomey -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Companythereo, bondsand undertakings, reoognizences, contractsof indemnilyandotherwritingsobligaory inthenaturethereof. ARTICLEe, SECTION 9. — The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANYIS-Mutual) has caused these presents to be signed by its Vice Ress4dgrQlt end Resident, and its corporate seal to be hereto affixed, this L7Cl day of AUgUSt A.D., 19y3 Attest: A / 04) Vk•M• N STATE OF IOWA COUNTY OF POLK K. MERCHANTS BONDING COMPANY (Mutual) �:ptlr By 19n'7 _ C; �'3eYy /1NYw'� On this 25th day of Auguist , 1993 , before me appeared M.J. Long and W.G. Brundage, to me personally known, who being by me duty swom did say that they are Vice President and Secretary/Treasurer respectively of the MERCHANTS BONDING COMPANY (Mutual), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal, at the City of Des Moines, Iowa the day and year first above written. �•-P�LYN 6O-• i• .Fl). O IOWA e •• ;r4AI A� 5� STATE OF IOWA COUNTY OF POLK u. m W., PoMk, Polk C•Vmy M,r• My Ca• .• Ekpin• 11.495 1, M.J. Long, Vice Resident of the MERCHANTS BONDING COMPANY (Mutual, do hereC foregoing is a true and correct copy of the POWER OF ATTORNEY, executed by said COMPANY (Mutual, which is still in force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company, at ALISO Vj this 16TH day of FEBRUARY 19, 94 q This power of atomey expires December 31, 1995. MB 96 -66 SK 19 _ BOND #CA 702252- - PREMIUM: $2,600 Page 9 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted February 14. 1994 has awarded to Lambaren Contractors. Inc. hereinafter designated as the "Principal ", a contract for Lido Isle Sidewalk Replacement, Phase I (Contract No. C -2769 ) in the City of Newport Beach, in strict conformity with the Contract, Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach, all of which are incorporated herein by this reference; WHEREAS, Principal has executed or is about to execute Contract No. C -2769 and the terms thereof require the furnishing of a bond for the faithful performance of the Contract; NOW, THEREFORE, we,LAMBAREN CONTRACTORS, INC. as Principal, and mERcHANTs BONDING COMPANY (MUTUAL) as Surety, are held firmly bound unto the City of Newport Beach, in the sum of *SEE BELOW Dollars ($ 211,267.50 ) , said sum being equal to 100% of the estimated amount of the contract, to be paid to the City or its certain attorney, its successors, and assigns; for which payment well and truly 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, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well keep truly and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, the Lido Isle Community Association, and their officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby, and in addition to the fact amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, in the event it is required by bringing any action in law or equity to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its *TWO HUNDRED ELEVEN THOUSAND TWO HUNDRED SIXTY SEVEN AND 50 /100---- - - - - -- 5/91 E • Page 9A obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for six (6) months following the date of formal acceptance of the Project by the City. In the event that the principal executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument the Principal and Surety above named FEBRUARY , 19 94. LambarPn Contractors Tnc. Name of Contractor (Principal) MERCHANTS BONDING COMPANY (MUTUAL) Name of Surety 2425 E. CAMELBAC& ROAD, SUITE 800 PHOENIX, AZ 85016 Address of Surety has been duly executed by on the 16TH day of 1- 800 - 848 -2663 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 5/91 ❑ Acknowledgment of Principal �* J �F.!STQN ® Acknowledgment of Surety (A rWla�y °�O 1D0 524 r p I<Gfftla �; Q STATE OF CALIFORNIA s `�..._., ;�:y t. .� -;n xp.10122197 County of ORANGE }"F On FEBRUARY 16, 1994 before me, J. JOHNSTON (here insert name and title of the officer), personally appeared MICHAEL A- OUIGLEY personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument, WITNESS Signature (Seal) State of CALIFORNIA COuntyof ORANGP On 02/18/94 before me, ANGELINA L REYES NOTARY PUBLIC (DATE) (NAME. TITLE OF OFFICER - I. E..'JAME POE, NOTARY PVOLIC-) personally appeared JUAN T. LAMBAREN (NAMEiS) OF SIONER(SN ® personally known to me - OR ATTENTION NOTARY: The Information requested THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: O proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are sub- scribed to the within instrument and acknowledged to me that he /shelthey executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. Witness ply hand aqd official,"41. /7 `c g0 K CAPACITY CLAIMED BY SIGNER(S) ❑ INDIVIDUAL(S) KKCORPORATE OFFICER Q ANGcUNA L REPES 3 Canm. @981579 NOTARY L PUBLIC- fNFGTt,OA II Orange n County NN Comm. FJWFes Dec. 23, 1996'A ATTENTION NOTARY: The Information requested THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: O proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are sub- scribed to the within instrument and acknowledged to me that he /shelthey executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. Witness ply hand aqd official,"41. /7 `c g0 K CAPACITY CLAIMED BY SIGNER(S) ❑ INDIVIDUAL(S) KKCORPORATE OFFICER SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IESI) LAMBA_REy --- QQNTgq TO _INC It could, however, preventYraudutent attachment of this certificate to any unauthorized document. Title or Type of Document Number of Pages Signer(s) Other Than Named Above Date of Document WOLCOTTS FORM 57240— ALL P(IRPOSF ACFROMEOGMEM anm SIGNER CAPACITY /REPRESENTATMFEiGERPRINT —RM. 12.02 01900 YNWOTT51alan ic, OFFICER(S) PPFgTL1ENT O PARTNER(S) ITITLE(Sli O ATTORNEY IN FACT • TRUSTEE(S) • GUARDIAN /CONSERVATOR • OTHER: SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IESI) LAMBA_REy --- QQNTgq TO _INC It could, however, preventYraudutent attachment of this certificate to any unauthorized document. Title or Type of Document Number of Pages Signer(s) Other Than Named Above Date of Document WOLCOTTS FORM 57240— ALL P(IRPOSF ACFROMEOGMEM anm SIGNER CAPACITY /REPRESENTATMFEiGERPRINT —RM. 12.02 01900 YNWOTT51alan ic, • 9565 617.710 STONG- QUIGLEV INS SERV INC Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Men By These Presents, that the MERCHANTS BONDING COMPANY (Mutual), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made. constituted and appointed, and does by these presents make, constitute and appoint >>>NICHAEL A. QUIGLEY * *JENN1FER JOHNSTON<<< >«< »>«< of and State of (� AA its true and lawful Attorney -in -Fact, with full power ar�(alt�tyA4 onfemed in its name, place and stead t sign, execute, acknowledge and deliver in Rs behatt as surety: >>>ONE MILLION DOLLARS($1,000,000.00) <<< and to bind the MERCHANTS BONDING COMPANY (Mutual) thereby as fully and to the same extent as lf such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (Mutual), and all the acts of said Attorney, pursuant to the authority herein given, are hereby nuffied and confirmed. This Power -of- Attorney is made and executed pursuantto and by authority of the following By -Laws adopted bythe Board of Directors at the MERCHANTS BONDING COMPANY (Mutual). ARTICLE 2, SECTION 8. — The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorney -in -Fact, and to authorize them to execute on behalf of the Company, and Mach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity ar W ofhar wdti ngs obf igatory in the ne W re thereof. ARTICLE 2, SECTION 9. — The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attomey or Certification thereof authorizing the execution and delivery of any bond, undertaking. recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY11�M�u��tual) has caused these presents to be signed by its Vice Pres�krlI and President, and its corporate seal to be hereto affixed, this btl day of August A.D., IME Attest: �V`inPn•gont STATE OF IOWA COUNTY OF POLK u. MERCHANTS BONDING COMPANY (Mutual) By Ilk' On this 25th day of August '1993 , before me appeared M.J. Long and W.G. Brundage, to me personally known, who being by me duly sworn did say that they are Vice President and Secretary/Treasurer respectively of the MERCHANTS BONDING COMPANY (Mutual), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and seated in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal, at the City of Des Moines, Iowa the day and year first above written. O IOWA i S '.• TRIAL STATE OF IOWA COUNTY OF POLK sir. I, M.J. Long, Vice President of the MERCHANTS BONDING COMPANI foregoing is a true and oorrect copy of the POWER OF ATTORNEY, COMPANY (Mutuat which is still in form and effect. M a q PuEFk, PWk Cowry, rocs My l:ornmi•.M F+Pn•s 11.495 by said In WMess Whereof, I tows hereunto am my hard and affixed the seal of the Company, at ALISO this 16TH day of FEBRUARY 19, 94 This power of attorney expires December -3-1, -1-995. MB 96 Qo '-, t.t.. N1Y i 9" Allh j Page 10 p►. ' ,.,. -, .. tl�fSli�RA PRODUCER COMPANIES AFFORDING COVERAGE SHE'RMAN DOUGLAS BROKERS COMPANY A 2915 REDHILL STE #A210 LETTER CNA INSURANCE COMPANIES COSTA MESA, CA 92626 COMPANY B LETTER INSURED LAMBAREN CONTRACTORS, INC. 23200 OLIVE STREET ooMVANY C • EL TORO, CA 92630 LETTER r %COY p E 'b lis 94""n NO IAUNSTANO NG ANY 1111MUMCMIN7. TERM OR OONOOMMO DF ANY OOHITtACf CA DINER DOCUMENT WITH RESPECT TO WWW THE Oi FWATE MAY BE IMM OR MAY PERtW THESNSURANCE AFFOOED BY THE POLICIES ORSCRSEO RENEW M SUBJECT TO ALL THE TERMS. 0C0.UBgNII, AND OONORIONS OF SIGN POLICES AND IS NOT AMENDER EXTENDED OR ALTERED BY THIS CERTIFICATE co TYPE OF ENSURANCE POWY NUMBER EFFECTIVE EXIV TWN AM LAM IN SOS O(OOEUf�fWAW BASIIS OOMLV) GENERAL AGGREGATE S 2,000,000 A OOMMERCW. PRODUCTSICOMPLETEO S OOMPRQENSNE OPERATIONS AGGREGATE 1,000,000 ® OIAlI1ETXSC� NTMCTORS PPROMIRE PERSONAL I"'UR r s 2, 000, 000 ❑ � MR EPEOW10 CONTRACT Al 17696789 1 -19 -94 1 -19 -95 PROOVCTSNCOMPL OPEA XCU R42AMS EACH OCCVRANCE $ 1,000,000 MAD FORM PROP. DAMAGE BERTY OF CLAUSE DAMAGE � F s 50, 000 ❑ PERSONAL INIURY WITH EMPLOYEE 00CLUSIOU MEDICAL EXPENSES t AEMCMW MArom (ANYONE PERSON) 5,000 AUTOMOBR.E LIABILITY DOMPSIMNSNE SINGLE LIMIT t 1,000,000 A s OWNED Io S Ham Al 17695792 1 -19 -94 1 -19-95 (PER AWIIDEIi�T) PROPERTY DAMAGE t HON-OWNED EXCESS LIABILITY OCNCE AGGREGATE A OUMBRELLA �� UMBRELLA FORM Al 17695808 1-19-9411-19-95 s 1 000 000 si O00 OOO ' STATUTORY, WORKM COMPENSATION t EACH AOOIDENT AND S DSFRSE -POUOY LIMIT lMIPLAYFJCf' LUUIXRTY r S MCA" -lACM EMPLOYEE LONOSHOW34EPS ANDNARBO STATUTORY DESCRIPTION OF OPEMTKNNSILOCATIOfkSVQSOlESR1ESTRICT10NSWECW. ITEMS: ALL OPERATIONS PERFOPMED POR THE CXTY OF NEWPORT, BEACH NY OR ON 294ALF OF THE NAMED INSURED IN CONMnON WITH THE FOLLOWING CONTRACT: Lido Isle Sidewalk Replacement, Phase I. C -2769 . FAMea TALE AND CONTRAOT NUMBER GERTIFIC TE' tbHOLDE Y �.: t' r.,: C CELLATI�Nir; . .U-� .� /�YI..(. ^.�l'MLCf.IAaiJ, � ..�1•.. Vi :✓.! lF6tif iil �.G( %Ijel �:•I��A. YA. �.. ;..9 I.�.I $NO" ANY OF THE ABOVE DESCRIBED POUCtES Be NON•RENEV(M CITY OF NEWPORT BEACH OAHCEIIED OR COVERWE FEDUC90 BEFORE THE EXPIRATION DATE THE P.O. BOX 1768 ooMRANY AFFonowG cowE AGE BNAIL PACmDE aG DAYS MW. ADVANCE :1300 NEWPORT BLVD. NOTICE TO THE CRY OF N BEACH BY REGXStEREO AWL NEWPORT BEACH, CA. 92659-1768 ' .p _ i. � � 7 3.9 ...nn .w. 0 0 Page 11 GEt!9 AL LIABILITY IkISURANCE ENDORSEMENT It is agreed that; 1. With respect to such insurance as is afforded by the policy for General Liability, the City of Newport Beach, the Lido Isle Community Association, and their officers and employees are additional insureds, but only with respect to liability arising out of operations performed by or on behalf of the named insureds in connection with the contract designated below or acts and omissions of the additional insureds in connection with its general supervision of such operations. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach or Lido Isle Community Association shall 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 liability of the company affording coverage. 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision contained in the written contract designated below, between the named insured and the City of Newport Beach and Lido Isle Community Association. 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. S. The limits of liability under this endorsement for the additional insured(s) named in Paragraph 1 of thin endorsement shall be the limits indicated below written on an "Occurrence" basis: (X) Commercial ( ) Comprehensive General Liability $ 1,0001000 each occ $ 210001000 aggregate The applicable limit of Contractual Liability for the company affording coverage shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insured(s). 6/91 The limits o f not increase coverage for in excess of applicable t Page 11A oliability as stated in this endorsement shall the total liability of the company affording all damages as the result of any one occurrence the limits of liability stated in the policy as General Liability Insurance. 6. Should the policy be non - renewed, canceled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days, advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 7. Designated Contract: Pro ect T t e an Contract No. This endorsement is effective 1 -19 -94 at 12:01 a.m. and forme a part of Policy No. _ Al 176Q57RQ O TRANSfONTiNFNTAI (C NA) (Company Affording Coverage). Insured: LAMBAREN CONTRACTORS INC. Endorsement No. r ISSUING COMPANY SHERMAN- DOUGLAS, BROKERS OF INSURANCE, INC. 2915 REDHILL AYE., $A210 TrA M CA 2626 By: 7 t or ze t resent ve USAN S. MARTIN Vtl i Page 12 AU':'OMOBIL•E LIABILITY INS te ENDORSEMENT it is agreed that: 1_ With respect to such insurance as is afforded by the policy for Automobile Liability, the City of Newport beach, the Lido Isle Community Association, and their 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 said additional insured(B) -shall apply as primary insurance and no other insurance maintained by the City of Newport Beach or Lido Isle Community Association shall 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 liability of the company affording coverage." 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 Multiple Limits or Single Limit: s /r3 ( ) Multiple limits Bodily Injury Liability Bodily Injury Liability $ per person $ per accident Property Damage Liability $, (X) Combined single Limit Bodily Injury Liability & Property Damage Liability $ 140001000 The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage 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. I Page 12A i li 4. Should the policy be non - renewed, canceled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days, advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. S. Designated Contract: Lido Isle Sidewalk Replacement, Phase I, C -2769 Pro ect Title and Contract No. This endorsement is effective 1 -19 -94 at 12:01 a.m. and forms a part of Policy No. Al 17695792,of VALLEY FORGE (CHAL (Company Affording Coverage). Insured: LAMBAREN CONTRACTORS, INC. Endorsement No.: ISSUING COMPANY SHERMAN- DOUGLAS, BROKERS OF INSURANCE, INC. 2915 REDHILL AVE., 0210 i /f3 S. MARTIN. 9 0 Page 13 WORKERS' COMPENSATION INSURANCE CERTIFICATION "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 2/3/94 Date C -2769 Contract Number s /ei Lambaren Contractors, Inc. Name of Contractor (Principa ,^thorizea Signature an Title Juan T. Lambaren, President Lido Isle Sidewalk Replacement, Phase I, C -2769 Title of Project E • Page 14 CONTRACT �� yy��// IS AGREEMENT, entered into this �Oz/bay of , 19 , by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Lambaren Contractors Inc. hereinafter "Contractor," is made with reference to the following facts: A. City has heretofore advertised for bids for the following described public work: Lido Ic_le Sidewalk Repla n . Phase I C -2769 Title of Project Contract No. B. Contractor has been determined by City to be the lowest responsible 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: lido Isle Sidewalk Replacement Phase I C -2769 Title of Project Contract No. which project is more fully described in the contract documents. Contractor shall perform and complete this work in a good and workmanlike manner, and in accordance with all of the contract documents. 2. As full compensation for the performance and completion of this work as prescribed above, City shall pay to Contractor the sum of Two Hundred Fleven Thousand Two Hundred SiXt Seven and 50 /100 Dollars ($ 211.267.50 )• This compensation includes: (a) Any loss or damage arising from the nature of the work, (b) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (c) 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. 5/91 0 Page 14A 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) Instructions to Bidders and documents referenced Construction (current Edition) and all supplements 4. Contractor shall assume the defense of, pay all expenses of defense and hold harmless, City, the Lido Isle Community Association, and their officers, employees and representatives from all claims, loss or damage, injury and liability of every kind, nature and description by reason of or arising out of the negligent or willful conduct of the Contractor, his /her employees, agents and subcontractors in the performance of the Project, except such loss or damage caused solely by the active negligence of City, the Lido Isle Community Association and their officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. CITY OF NEWPORT BEACH A M 'pal Corporation. C� Zayor Lambaren Contractors. Inc. Contractor torized Si nature and Title Juan T. Lambaren, President therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and Endorsement(s) (f) Plans and Special Provisions for Lido Isle Sidewalk Replacement, Phase I C -2769 Title of Project Contract No. (g) This Contract (h) Standard Specifications of Public Works Construction (current Edition) and all supplements 4. Contractor shall assume the defense of, pay all expenses of defense and hold harmless, City, the Lido Isle Community Association, and their officers, employees and representatives from all claims, loss or damage, injury and liability of every kind, nature and description by reason of or arising out of the negligent or willful conduct of the Contractor, his /her employees, agents and subcontractors in the performance of the Project, except such loss or damage caused solely by the active negligence of City, the Lido Isle Community Association and their officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. CITY OF NEWPORT BEACH A M 'pal Corporation. C� Zayor Lambaren Contractors. Inc. Contractor torized Si nature and Title Juan T. Lambaren, President E CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMEN 0 PROPOSAL 1993 -94 SIDEWALK AND CURB AND GUTTER REPLACEMENT PROGRAM AND LIDO ISLE SIDEWALK REPLACEMENT, PHASE I CONTRACT NO. 2769 I. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . 1 II. COMPLETION, SCHEDULE AND PROSECUTION OF WORK . . 1 & 2 III. CONTRACTOR'S LICENSES . . . . . . . . . . . . . . . . 3 IV. PAYMENT . . . . . . . . . . . . . . . . . . . . . . . 3 V. WATER . . . . . . . . . . . . . . . . . . . . . . . . 3 VI. PUBLIC CONVENIENCE AND SAFETY. . . . . . . . . . . . 3 A. Traffic Control Plans . . . . . . . . . . . . . . 3 B. "NO PARKING, TOW - AWAY" Signs . . . . . . . . . . 4 C. Notification to Residents. . . . . . . . . . . . 5 VII. CONSTRUCTION SURVEY STAKING . . . . . . . . . . . . . 5 VIII. CONSTRUCTION DETAILS . . . . . . . . . . . . . . . . 5 A. Removal . . . . . . . . . . . . . . . . . . . . . 5 B. P.C.C. Replacements . . . . . . . . . . . . . . . 6 C. Tree Roots Removal . . . . . . . . . . . . . . . 7 D. Subbase Material . . . . . . . . . . . . . . . . 8 E. Asphalt Concrete . . . . . . . . . . . . . . 8 & 9 0 0 SP 1 of 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FOR 1993 -94 SIDEWALK AND CURB AND GUTTER REPLACEMENT AND cy rY LIDO ISLE SIDEWALK REPLACEMENT, PHASE I I O.•1 °iil CONTRACT NO. 2769. 7-,d•97 I. SCOPE OF WORK The work to be done under this contract consists of constructing and reconstructing P.C.C. improvements and 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. M- 5312 -L (attached), (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1991 Edition); and (4) the Standard Specifications for Public Works Construction, (1991 Edition, including Supplements) . Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department for Ten Dollars ($10.00). Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, telephone (213) 202 -7775. II. COMPLETION, SCHEDULE AND PROSECUTION OF WORK No work shall begin until a schedule of work and a traffic control plan have been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five (5) working days prior to commencing any work. The following requirements shall be incorporated into the schedule: A. All work under this contact shall be completed before March 15, 1994, or within sixty (60) consecutive calendar days after the start of work, whichever occurs first. B. The Contractor shall provide continuous traffic access for all streets at all times. C. Hours of Work: 7:00 A.M. - 6:30 P.M. weekdays. No work will be permitted on Saturdays,Sundays, and holidays. "Holiday" shall be defined as Washington's Birthday (3rd Monday of February). • • SP 2 of 9 D. The A.C. patch back shall be constructed upon completion of P.C.C. curb and gutter or cross gutter construction. E. The Contractor shall accommodate City's trash collection (see attached Refuse Schedule and Recycling Information brochure) and City's street sweeping (see attached Lido Isle Street Sweeping Schedule). If the Contractor elects to work on a street during its street sweeping /trash collection days, it shall be his responsibility to make arrangements by contacting the City's Field Operations Superintendent, Mr. Leon Hart, at (714) 644 -3060. F. The Contractor shall notify the Sign \Paint Shop Supervisor, George Millikin at (714) 644 -3072 regarding any removal of existing painted curb and to salvage City's signs which interfere with the work. Sign reinstallations and painting red curbs shall then be performed by City forces at no cost to the Contractor. G. It shall be the Contractor's responsibility to coordinate the work adjacent to the Lido Bridge Boat Garden (owned and operate by the Lido Isle Community Association), the Via Barcelona Tennis Court Parking Lot, and residents. Five (5) working days prior to starting work on Lido Isle, the Contractor shall contact the Lido Isle Community Association Office at (714) 673 -6170 to make arrangements. H. The Contractor is responsible for clearing and grubbing, pruning and removal of tree roots which interfere with the work. Method of pruning and removal of tree roots; and exact location and length of root barriers shall be determined, approved, and inspected by City's General Services Department by contacting the City's Park Maintenance Supervisor, Randy Kearns, at (714) 644- 3083, a minimum of five (5) days prior to work (see Section VIII.D Tree Roots Removal). I. The Contractor shall provide covers and shall cover, maintain, and uncover the City's "NO PARKING STREET SWEEPING "" signs to allow residential parking adjacent to street under construction during street sweeping days. 0 0 SP 3 of 9 III. CONTRACTOR'S LICENSES At the time of award the Contractor shall possess a General Engineering Contractor A license or Specialty Concrete Contractor C -8 license. At the start of work and until completion, the Contractor shall possess a business license issued by the City of Newport Beach. IV. PAYMENT The unit or lump sum price bid for each item of work shown on the proposal shall be considered as full compensation for labor, equipment, materials and all other things necessary to complete the work in place, and no additional allowance will be made therefor. Payment for incidental items of work not separately provided for in the proposal (e.g., sprinkler repairs in Westcliff /Harbor - Highland, Cliff Haven, and Hoag Hospital areas only, clearing vegetation, grubbing, backfill, aggregate base, A.C. patch back, excavation, removal, disposal, sawcutting, protecting landscaping and property corners, preparing subgrade, etc.) shall be included in the unit prices bid for items of work. Where applicable the P.C.C. cross gutter spandrel, P.C.C. curb and gutter return, 5" variable P.C.C. curbing and adjacent P.C.C. variable curb and gutter and transition shall be included in the bid item for Type "L" curb access ramps. Where as bid item for Type "E" and Type "C" curb access ramps the curb and gutter return and transition shall be bidded separately. Bid item for alley approaches shall include the curb returns and sidewalk transitions. Partial payments for traffic control and mobilization shall be made in accordance with section 10264 of the California Public Contract Code. V. 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 condition to the City, the deposit will be returned to Contractor, less a quantity charge for water usage. VI. PUBLIC CONVENIENCE AND SAFETY The Contractor shall submit a written traffic control plan for each street to the Engineer and obtain his approval a minimum of five (5) working days prior to commencing any work. A. The traffic control plans shall incorporate the following: SP 4 of 9 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 efficient manner with a minimum of inconvenience to the motorists. 2. A complete and separate plan for each phase of construction proposed by the Contractor showing all items listed under 1. above and the restrictions of Section II. COMPLETION, SCHEDULE, AND PROSECUTION OF WORK. 3. Reopening of all traffic lanes upon completion of each day's work (see Section II.) . In addition, emergency vehicle access shall be maintained at all times. B. "NO PARKING, TOW- AWAY" Sions Where any restrictions mentioned necessitate 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 No. 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. The Contractor shall only post streets with the time and dates that disrupts parking and access. Errors in posting "NO PARKING, TOW - AWAY" signs, false starts, acts of God, strikes, or other alterations of the schedule will require that the Contractor repost the "NO PARKING, TOW - AWAY" signs. • • SP 5 of 9 C. Notification to Residents Between 48 and 55 hours before closing a section of street, the Contractor shall distribute to each affected address a written notice stating when construction operations will start and approximately when vehicular accessibility will be restored. The written notices will be prepared by the Engineer. The Contractor shall insert the applicable dates and times at the time he distributes the notices. Errors in distribution of notices, false starts, acts of God, strikes or other alterations of the schedule will require that the Contractor redistribute notices to residents. VII. CONSTRUCTION SURVEYING STARING Field staking for control of construction will be provided by the Engineer. Limits of removal are field - identified by white, blue (additional P.C.C. sidewalk replacement request by LICA), and orange paint (private tree damaged sidewalk on Lido Isle) markings. Existing property corners and survey ties adjacent to removals shall be protected and maintained. In situations where property corners or survey ties interfere with the work, the Contractor shall notify the Engineer a minimum of two (2) working days prior to removal so that the Engineer can survey and reset property corners and survey ties. VIII. CONSTRUCTION DETAILS A. Removals 1. Existing P.C.C. and A.C. improvements shall be sawcut a minimum of two (2) inches deep prior to removal. P.C.C. replacement and parkway paving removal quantities and locations are indicated in the attached schedule. Final removal at the sawcut lines using equipment such as hard -blow pavement breakers and /or stompers shall be approved by the Engineer. Should the Contractor damage the sawcut edge during or after removal, the damaged edge shall be removed by additional sawcutting and replaced at the Contractor's sole expense. Pavement and unsalvageable materials that are removed shall become the property of the Contractor and shall be disposed of at the Contractor's expense in a manner and at a location acceptable to cognizant agencies. All costs for providing removal and disposal shall be included in the unit price bid for that item of work. 0 SP 6 of 9 2. Adjacent Improvements - The Contractor shall be responsible for the protection of public and private improvements adjacent to the work. Any salvageable bricks removed shall be neatly stacked on the owner's property. Additionally, the Contractor shall use appropriate construction methods and equipment to assure the protection of existing landscape, driveways and parkway treatments immediately adjacent to the existing curb. If, during construction, damage occurs to said landscape, driveways or parkways, the Contractor shall be responsible for restoring same to its condition prior to construction. The Contractor may anticipate a certain amount of interfering parkway sprinkler pipe breakage associated with sidewalk and curb and gutter replacement. Such breakage in the Westcliff /Harbor - Highland, Cliff- Haven, and Hoag Hospital areas shall be repaired and restored by the Contractor as an incidental item of work. Whereas breakage on Lido Isle shall be capped per Section 7 -9 of the Standard Specifications. 3. Parkway paving where indicated is to be removed without replacement, except that the Contractor shall fill and level the removal areas with imported or excess graded clean soil. Any salvageable bricks removed shall be neatly stacked on the owner's property. 4. The Contractor shall remove all unstable subgrade. The locations and depth of unstable subgrade removal may vary; hence, the areas and depth shall be determined during construction by the Engineer. B. P.C.C. Replacements The Contractor shall grade, form, and finish all P.C.C. replacements to match the appearance of the adjoining P.C.C. improvements. In addition, the Contractor shall remove and dispose of all A.C. /P.C.C. patches and ramps upon sidewalk panels adjoining those sidewalk panels which are to be reconstructed. 1. Sidewalk and curb access ramps shall be opened to pedestrian use on the day following concrete placement. 2. P.C.C. replacements subject to vehicle loads (e.g., cross gutters and curb and gutter along driveways) shall not opened to vehicle loads until the concrete has cured to minimum strength of 2,000 psi. C • • SP 7 of 9 The integral colored concrete construction on Lido Isle shall be a combined and mixed uniformally with the admixture "Adobe Tan ", No. C -21 of Chromix as manufactured by the Scofield Company of Los Angeles. In addition, five (5) working days prior to starting work on Lido Isle, the Contractor shall submit a minimum of three (3) different finished samples of the colored concrete with "Diamond" pattern score line with their mix design which best matches the Lido Isle colored concrete sidewalk. The samples shall be 2' by 2' by 4" thick. The samples shall be cured a minimum of 72 hours prior to submittal. The City shall approve the final mix design prior to construction. The Contractor shall install root barrier adjacent to reconstructed root damaged P.C.C. curb and gutter and sidewalk per schedule. The root barrier shall be Root Booster, Shawton Industries (or approved equal) SM 18 X 20 and SM 12 X 20 panels to be installed adjacent to the curb and gutter and sidewalk replacement, respectively. A minimum of 6 lineal feet of root barrier shall be installed adjacent to each tree damaged curb and gutter replacement. Root barriers shall be installed per manufacturer's recommendations. Tree Roots Removal The following methods of pruning and removal of tree roots shall determined by the City's General Services Department for all tree root damaged locations (see Section II.H). Root Pruning a. Prior to pruning the City's Tree Maintenance Supervisor shall review any proposed pruning and inspect work sites as necessary. b. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Tree Maintenance Supervisor. Roots will be cleanly severed using a root pruning machine, axe or comparable tool. Arbitrary Root Cut a. A straight cut with a root cutting machine shall be made. SP 8 of 9 b. The cut is a maximum 14" below grade for sidewalks and 26, for curbs and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. When a tree trunk of root flare is less than 1 -2 feet from the sidewalk and /or the size, species or condition of the tree warrants a root cut to be hazardous to the tree. When there is only one minor offending root to be removed and /or the damage is minimal (i.e., only one panel uplifted, etc.). b. This process involves selectively removing offending roots. Selective root pruning shall be performed with an axe or stump grinding machine instead of a root pruning machine. C. All tree roots that occur within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre - approved by the City's Tree Maintenance Supervisor. e. Roots selected for removal will be selected on the basis that they will have the least impact on the health and stability of the tree. D. Subbase Material 1. Untreated Base Untreated Base shall be in accordance with Section 400 -2 of the Standard Specification. Untreated base shall be placed over the compacted subgrade. Payment shall be included in the unit price for cross gutter construction. E. Asphalt Concrete Prior to placing the asphalt concrete patches, a tack coat of Type SS-1h asphaltic emulsion at a rate not to exceed one -tenth (1 /10) of a gallon per square yard shall be uniformly applied to existing AC, and to portland cement concrete edges against which asphalt concrete is to be placed. • SP 9 of 9 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 vegetation prior to placement of asphalt concrete. 2. The asphalt concrete shall be III -C3 -AR -4000. The Contractor shall join flush when joining existing pavement. COLLECTION SCHEDULE MONDAY • Balboa Peninsula, E. of Newport Pier (Newport Pier to West Jetty) • Newport Crest • Lido Sands • West Newport from Newport Pier to Santa Ana River (Balboa Blvd. to the Ocean) • Newport Shores • Balboa Coves TUESDAY • Cliff Haven • 15th St. to 16th St. (Tustin to Irvine Ave.) • Newport Heights • Lido Island • Bayshores • Park lido Tract • Finley Tract • Newport Island • 32nd St. to 44th St. (Balboa Blvd. to Marcus) • Linda Isle • Anniversary Tract • Vista Bahia • West side of Irvine Ave. to Tustin Ave. from Holiday Rd. to Santa Isabel Ave. (Moden Annex) • Irvine Ave. to west side of Dover Dr. from Westcliff Dr. to Mariners Dr. (Mariners Square) WEDNESDAY • Harbor Island • Beacon Bay • Promontory Bay & Harbor Isl. Dr. • The Cove • Balboa Island • Bayside Dr. (Coast Hwy. - Bayside Dr. to Jamboree) • Irvine Terrace • Big Canyon & Townhouses • Sea Island 0 WEDNESDAY (Continued) • Dover Shores • Baycrest • Harbor Highlands • Westcliff THURSDAY • Cameo Shores • Cameo Highlands • Corona Highlands • Shorecliffs • CDM SOUTH of Coast Hwy. from Avocado to Hazel (Coast Hwy to Ocean Blvd.) • China Cove • Breakers Drive • Bayside Drive (jamboree to Marguerite) • Granville Apartments • Eastbluff • The Bluffs • Belcourt & Belcourt Hill • Bayridge • Newport North (N. side of Bison - jamboree to MacArthur) FRIDAY • Harbor View Hills • CDM (NORTH of Coast Hwy. to 5th Ave. - MacArthur to Hazel) • 5th Ave. - Hazel to MacArthur • Broadmoors • Jasmine Creek • Jasmine Park • Lusk Tract • Harbor Point • CDM Terrace • Point Del Mar • Spyglass Hill • Canyon Crest • Seaview Broadmoor • Harbor Ridge • Harbor View Knoll • Harbor View Homes • Harbor Hill • Seawind 9 vl n a� m Yao O' 1 32 ( o' f 0 c3� O r � 290rN �V��t7JJ C rl d^ o o LJ aal x 0 L�� z i1. I I VIA FLORENCE fVIA FERMO I I A Z0, Yy 1 m�\P� .d SCALE I "=800 03 1� SWEEPING SCHEDULE TUESDAY FRIDAY O INDICATES TRAFFIC FLOW ONP J J`P 0P ROOJP co J�p p 0\� N ,y1 J`p e�,a�NtiP 'v ,PP GENO \pNP J�p OEtiP'L CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT LIDO ISLAND STREET SWEEPING PROGRAM J\P p4 J�P �p�CP NE J�p �NZO �� J�P pQPVE �J�P• q0 C J�P pJ\ ENNP V J`P VNO`N yo J�P JEN�t\e5 DRAWN AZIZ DATE APPROVED PUBLIC WORKS DIRECTOR R.E. NO. _ DRAWING NO. EXHIBIT • i ST. w oo ~ w Rns RVE. � Qoe N _ z CORST fop QQQ~ ° CITY OF COLLEGE ORFWE Co. COSTA W FRIRGROLNDS '�s SDd 'Y CITY MESA Q ,o aF�y9 p0 eq'sl� IRVINE �. O VICTORIR ST H PROJECT RLOC�RM ? ?`O Q NE PORE R"I Irr CJ n 19TH W ST. Q�Q T BRY / C U.Q.I. IT OF B►SO RYE �k I EWP T r Q, �Q� 1�T ,�� 1 BER R 1 • \ I Q� , `STy _,.tJy, i ��ST o� ^ v ` F�Rp Rp . A% A o 9 YRRD ESER& 7.w ial r - CS RD . m ` rD.. I3iN0 i. PROJECT LOCRTION �q BAY lass HDSPITFL RRM PROJECT LOCRTION OCENN 1 LIDO I9F VICINITY MAP NOT TO SCFLE \ \ r-, t- INDICRTES PROJECT LOCRTION. CITY OF NEWPORT BEACH RPPROVED: PUBLIC WORKS DEPARTMENT 1993 -94 SIDEWALK AND CURB AND GUTTER REPLACII4IE7VT PROGRAM LIDO ISLE SIDEWALK REPLACaoENT DESIGNED PHASE I C -2769 DRRWN SHEET NO. 1 OF 5 49.0 D DIRECTOR OF PUBLIC WORKS R.C.E. NO. 12006 GW JDRTE 5 Nov 1993 LEON M- 5312 -L 4' P.C.C. SIDEWFLK 6' AND 8' SECTION A A N.T.S. .m-5 >.1. A -- -- --- - - -- -- -- --- --- - - -- --- L DIRT 2 ------ - - - - -- .....,.l- ......... - -,- -..- -------------- TO MRTCH EXI ING DIMENSIONS jE2' -6' SOUFRE & 3 SQUIRE in CROWN LINE - - - -- - - - -- --- - -�' -- Z~x OW a OW 2 DIRT R - -- --------- ,---- - - - - -- - -- A ' �L PLAN VIEW N.T.S. LIDO ISLE STRADA SIDEWALK SHEET NO. 2 OF 5 CITY OF NEWPORT BEACH PAD: aeQ, PUBLIC WORKS DEPARTMENT 1993 -94 SIDEWALK AND CURB AND DIRECTOR OF PUBLIC WORKS GUTTER REPLACEMENT PROGRAM R.C.E. NO. 12806 LIDO ISLE SIDEWALK REPLACaoENT DESIGNED GW DATE 5 Nov 1993 PHASE I C -2769 DRRWN LEON M- 5312 -L 5' AM 7.5 5' FM 7.S' LINE 1 LEVEL LINE I ILEVEL DIRT DIRT �- DIRT '� 4' P.C.C. SIDEWFLK 6' AND 8' SECTION A A N.T.S. .m-5 >.1. A -- -- --- - - -- -- -- --- --- - - -- --- L DIRT 2 ------ - - - - -- .....,.l- ......... - -,- -..- -------------- TO MRTCH EXI ING DIMENSIONS jE2' -6' SOUFRE & 3 SQUIRE in CROWN LINE - - - -- - - - -- --- - -�' -- Z~x OW a OW 2 DIRT R - -- --------- ,---- - - - - -- - -- A ' �L PLAN VIEW N.T.S. LIDO ISLE STRADA SIDEWALK SHEET NO. 2 OF 5 CITY OF NEWPORT BEACH PAD: aeQ, PUBLIC WORKS DEPARTMENT 1993 -94 SIDEWALK AND CURB AND DIRECTOR OF PUBLIC WORKS GUTTER REPLACEMENT PROGRAM R.C.E. NO. 12806 LIDO ISLE SIDEWALK REPLACaoENT DESIGNED GW DATE 5 Nov 1993 PHASE I C -2769 DRRWN LEON M- 5312 -L i E • *ALLEY NORTH 5' CURB -i 1 i4 •. PER FT NRX. *4' 1& 5.51' 4/ � 0:( U U CL H c / A } X Ix W pa Z OI L v 3' TRR N ,I 1110. ff MIX of W H {{{ I I I I I I JOIN EX. � 6 • CF PLRIN I I .4.25' C.F. ; � 12' C.F. `p EXISTIN( ;. * R-5 FN Rte' lo lo 53 A ANTIBES N T Li cc N EX CE Ill Ul 1Cp N 0 r� r l,'2" CURB FRCS FLONG RCCESS RAW LRNDING JOIN EX.' X-GTR. i U ..o o� � W LIDO ISLE CURB ACCESS RAMP TYPE "L " CITY OF NEWPORT BEECH FlPWOVED: PUBLIC WORKS DEPARTMENT Q� 1993 -94 SIDEWALK AND CURB AND DIRECTOR OF PUBLIC WORKS GUTTER REPLACM07VT PROGRAM R.C.E. NO. 12806 LIDO ISLE SIDEWALK REPLACOoeNT DESIGNED GW DATE 5 Nov 1993 PHASE I C -2769 DRRWN LEON M- 5312 -L If N (BACK OF ROLLED C & G) n BRICK GR IDLED BENCH CL n V ENTRY i R &¢m I 1 16.5' Li M 12' I A > V WH h�— J I I 1 mQm ini \I 19ft; 1 I V 1 SJ hi I y I AS EX. 24' ROLLED E CURB & GUTTER EX. 6' CURB & 18' GUTTER CONSTRUCT CURB & RCCESS RR'P TYPE 'L' SEE SHEET NO. 3 FOR DETRILS / SIGN 111/ EX. 16' PINE (ROOT PRIM) U I- N D /S� O SEE SHr'> =T EX SIGN No. 5 — FOR DETAIL ~ f GRASS LFTJDSCFPE VIA LIDO SOLID PARKING AREA PLAN VIEW V =10' CITY OF NEWPORT BEACH PUBLIC WORKS DEPRRTMENT 1993 -94 SIDEWALK AND CURB AND GUTTER REPLACIIIIENl PROGRAM LIDO ISLE SIDEWALK REPLAC84ENT DESIGNED PHASE I C -2769 DRAWN SHEET NO. 4 OF 5 40, Q DIRECTOR OF PUBLIC WORKS R.C.E. NO. 12806 GW IDATE 5 Nov 19931 LEON i 1' N r ri Z o I 0 a I d. EX. 8' A. C. PAVEMENT R 24' 16.5' i i I. FZYI I � 0.4' S is d: :..I 1 REMOVE EX. 4' A.C. PAVEMENT AND 2' DIRT AND REPLACE WI 6' COLORED P.C.C. PAVEMENT OVER 90% MINIMUM COMPACTED SUBGRRDE PER APPLICABLE PORTION OF C.N.B. STD -164 —L REMOVE EX. P.C.C. ROLLED CURB AND GUTTER RND REPLACE WITH DEPRESSED PLAIN P.C.0 ROLLED CURB AND GUTTER PER APPLICABLE PORTION OF C.N.B. STD - 164 —L. SECTION B B N.T. S CITY ®F NEWPORT LEACH PUBLIC WORKS DEPARTMENT 1993 -94 SIDEWALK AND CURB AND GUTTER REPLACEAIE jj'T PROGRAM LIDO ISLE SIDEWALK REPLAC86ffNT PHASE I C -21 SHEET NO. 5 OF 5 Gam'. Q DIRECTOR OF PUBLIC WORKS R.C.E. N0. 12806 DESIGNED GW DATE 5 Nov 1993 DRAWN LEON M- 5312 -L 'o CD CD 5 <5<5< 55_ S< 555555 < I- d d d d d d d d d d d d d d d ?n maoca>d *� m00Im> DrrrrD � c —o d ° r cao d CL m n O �d =0 CL 0 _= 0000 . ° d m d O 1 0 w O O O O a ca w O �' O O D 7 d .� p Z O 6 0 �<.. 7 d p (A ..aa c p. C CL �" 7. a 7. o. 7 d y d T m c o 0 m ° r m S o< c o 0m m o m o D y Q. o m a � m a m m m T �< '< D W 0 ° A ° N a ° 7 a C CL ' G d W a d N O a A << / . W " r r O '. 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T n 4e W O N N O O N m D o O N O O ( O 0) 0 0 VO 3 A D r y j AN O N O N O O N V O CWO UN1 d7 3 ID I0 m CA O O al O O O O CO) T N DN � O N A -+ N N W �_ cn N A W Uri O A N A OD -I W 0) W 00 m r -4 Lrj W o W co Cil CA) al Utp° O W Cl) (j) W -n u) T o vv v D CD DA m m m m 3Q y n D D D 10 a n 0 a) 0� C�'f A S N 6�1 0 y 0 n = 3 S y n r a 2 v y n n m m m 2 y W P m CD CD Ai 0 y a r a n n n m m i y co n P M A W N O z m j z m v m 0T0 v m 0To y J V 71Z�� '1ZT-I o _ G A m r o 2 D 22 o= m o i Cl) ?= v D D D v 3 0 O O D m n D � r � v N N N O O in m D • r O n W m � � D O D A r D -( AN D A ? In m r Co D N F A O N O r 1 N 0) � O O O T -n7 -n r r r ur m D D D y a r a n n n m m i y co n P M ...................... ,^C:9T C_�: Subject: 1993 -94 Sidewalk and Curb and Gutter Replacement Program and Lido Isle Sidewalk Replacement, Phase I (C -2769) December 13, 1993 Page 2 • contractor who possesses a Class A,B, Hazard Contractor's licenses. O'Keefe Engineering, Inc. has not performed previous contract work for the City; however, a check with their experience references and the State Contractors' License Board has shown that O'Keefe has successfully completed similar projects as a general contractor and has no pending actions detrimental to their contractor's license, respectively. This project provides for the replacement of defective portland cement concrete improvements in Westcliff -Harbor Highlands, Cliff -Haven Area, Hoag Hospital Area, and a cooperative project with the Lido Isle Community Association (LICA) to replace sidewalks and portland cement concrete improvements on Lido Isle. Approximately 29,000 sq. ft. of sidewalk, 3,300 linear ft. of curb and gutter, 825 sq. ft. of alley approach, 570 sq. ft. of driveway approach, and 800 sq. ft. of parking lot will be replaced; 550 sq. ft. of parkway paving will be removed; and 29 curb access ramps will be installed. The concrete replacement is deemed necessary to 1) • eliminate improvements which have been uplifted and displaced to the extent as to constitute a hazard to the public; and 2) restore adequate drainage gradients to improvements which have been uplifted and displaced. Said uplift and displacement is usually due to unstable subgrade or root growth of nearby street trees or private trees. Where private trees have damaged the sidewalk, the adjacent property owners have been notified in writing (see attached example) of their responsibility to replace the damaged sidewalk, and have 90 days to proceed to construct. Upon the expiration of the 90 days, if the work is not underway, it will be performed under this contract, and the costs therefor will be billed against the property owner. A cooperative agreement has been executed and a deposit has been remitted by LICA. Under the agreement, LICA and the City will pay their proportionate shares of the items of work and the construction contract will be administered by the City. The Association will incur the cost for special coloring and scoring of concrete, for reconstructing a LICA parking area, for constructing a driveway approach to Lido Bridge Boat Garden, and for replacing • panels of sidewalk area which LICA judges to be aesthetically unacceptable. A budget amendment to fund LICA's portion of the award has been prepared for Council consideration. • • • Subject: 1993 -94 Sidewalk and Curb and Gutter Replacement Program and Lido Isle Sidewalk Replacement, Phase I (C -2769) December 13, 1993 Page 3 The City's share of the Lido Isle work is approximately $41,925; LICA's share is approximately $29,475; and private property owners share (where sidewalk must be replaced because of private tree root damage) is approximately $5,750. The balance of contract cost, for replacing defective improvements in the Westcliff- Harbor Highlands, Cliff- Haven, and Hoag Hospital areas, will be borne by the City. accounts: Funds to award the project are provided in the following Accounts Lido Isle Sidewalk Replacement Sidewalk, Curb and Gutter Replacement Program (Public Works) Sidewalk, Curb and Gutter Replacement Program (Gen. Services) Curb Access Ramp Construction Prog. Budget Amendment (LICA's portion) Budget No. Amount 7013 - 9831 -3046 $ 50,000.00 7013 - 9830 -1003 $ 20,525.00 7013 - 9831 -3003 $100,000.00 7013 - 9831 -3006 $ 9,878.50 29,475.00 Total 209,878.50 Plans and specifications for the project were prepared by the Public Works Department. The estimated date of completion is March 15, 1993. az,t�,�e,,•i (,der Benjamin B. Nolan Public Works Director GW:so CITY OF NEWPORT B A CH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 T0: FINANCE DIRECTOR FROM: CITY CLERK DATE: February 28, 1994 (714) 644 -3005 SUBJECT: Contract No. C- 2769(A) tc"z: -, � Z - Zs- f � Description of Contract Cooperative Agreement for Lido Isle Sidewalk Phase I Effective date of Contract December 17, 1993 Authorized by Minute Action, approved on November 8, 1993 Contract with Lido Isle Community Association Address 701 Via Lido Newport Beach, CA 92663 Amount of Contract (See Agreement) Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach • COOPERATIVE AGREEMENT Lido Isle Sidewalk Replacement Phase 1 Z7M4) THIS AGREEMENT,9 s made and entered into this I %�� day of �% -'/ , 19�a, between the CITY OF NEWPORT BEACH, a municipal corporation hereinafter referred to as "CITY ", and LIDO ISLE COMMUNITY ASSOCIATION, a California Corporation hereinafter referred to as "LICA ". R E C I T A L S: 1. CITY owns and maintains specially colored and scored public sidewalks and other portland cement concrete items on Lido Isle which are original and approximately 60 years old; the public sidewalks and other portland cement concrete items are hereinafter referred to as "IMPROVEMENTS ", and 2. CITY desires to prepare a public works contract to replace a portion of IMPROVEMENTS which have become defective; and 3. CITY intends to replace defective IMPROVEMENTS with standard portland cement concrete and is not obligated to replace defective IMPROVEMENTS with specially colored and scored portland cement concrete; and 4. LICA has requested that CITY replace the defective IMPROVEMENTS with specially colored and scored portland cement concrete, and replace certain additional nondefective IMPROVEMENTS for aesthetic reasons; and 5. LICA desires that it's additional cost for UPGRADES, hereinafter referred to as "LICA'S COST ", shall not exceed $45,000; and 6. CITY and LICA intend to enter into a binding agreement which provides each party's responsibilities to carry out the work desired by City and by LICA, the contract work referred to in this agreement as "PROJECT "; NOW, THEREFORE, be it resolved that in consideration of mutual promises contained in this agreement, the parties agree as follows: 1. LICA SHALL: A. Provide CITY a list of additional nondefective IMPROVEMENTS, and establish guidelines for CITY to use to identify other nondefective IMPROVEMENTS that LICA desires to be replaced at LICA expense as a portion of PROJECT. B. Review CITY's plans, specifications and estimate for PROJECT and approve those PROJECT plans, specifications and estimates for bid which are acceptable to LICA, (hereinafter "LICA approved improvements "). C. Pay for all LICA approved improvements provided that it shall not exceed $45,000. D. Remit 50% payment for the LICA approved improvements to CITY prior to award of contract for PROJECT. The cost to LICA shall be calculated by multiplying CITY's estimate of the quantities of LICA approved improvements by PROJECT bid prices. E 0 E. Remit balance payment to CITY within 10 days after CITY's notification to LICA. The balance payment shall be calculated by multiplying actual construction quantities of LICA approved improvements by PROJECT bid prices, less the previous 50% payment amount. F. Publicize and endorse PROJECT to LICA membership through LICA newsletter articles, etc., G. Cooperate with the City to make property owners aware of their responsibility to reestablish plant materials and landscape irrigation systems adjacent to areas of contract work. H. Communicate with CITY staff only (not CITY's contractor) to resolve issues regarding the conduct of PROJECT. CITY SHALL: A. Prepare plans, specifications, and estimate for PROJECT according to LICA's list of additional nondefective IMPROVEMENTS and guidelines to identify other nondefective IMPROVEMENTS to be replaced at LICA expense. B. Invoice 50% cost of LICA approved improvements to LICA at least 10 days prior to award of contract. The cost will be calculated by multiplying CITY's estimate of the quantities of LICA approved improvements by PROJECT bid prices. C. Award and administer the construction contract. D. Invoice balance of cost to LICA upon satisfactory completion of the project. The balance of the cost will be calculated by multiplying actual construction quantities of LICA approved improvements by actual PROJECT prices, less the previous 50% payment amount. E. Provide advance notifications of work scheduling to LICA and to LICA members as work progresses. F. Communicate with LICA to resolve issues regarding the conduct of PROJECT. G. Require it's Contractor to list LICA as additionally insured under all liability insurance policies. 3. LICA and CITY mutually agree that: A. Neither LICA, nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority, or jurisdiction delegated to CITY under this Agreement. B. CITY shall fully indemnify, defend, and hold LICA harmless from any liability imposed for injury occurring by reason of anything done by CITY under or in connection with any work, authority, or jurisdiction delegated to CITY under this Agreement. • • C. Neither CITY, nor any official or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by LICA under or in connection with any work, authority, or jurisdiction delegated to LICA under this Agreement. D. LICA shall fully indemnify, defend, and hold CITY harmless from any liability imposed for injury occurring by reason of anything done or omitted to be done by LICA under or in connection with any work, authority or jurisdiction delegated to LICA under this Agreement. E. This Agreement represents the full and complete understanding between CITY and LICA, and all preliminary negotiations and agreements are merged in this Agreement. No verbal agreement or implied covenant may be held to vary the provisions hereof. Any modification to this Agreement will be effective only by written execution signed by both CITY and LICA. F. Where any legal action is necessary to enforce any provision of this Agreement for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as a court of law may adjudge to be reasonable costs of litigation. G. All notices which may be given hereunder shall be in writing and, if given to CITY, may be given personally to the Mayor, City Manager or City Clerk of CITY, or may be mailed by first class mail with postage prepaid to 3300 Newport Boulevard, Newport Beach, California 92663 and, if given to LICA, may be given personally to an officer of LICA or may be mailed by first class mail with postage prepaid to Lido Isle Community Association, 701 Via Lido Soud, Newport Beach, California 92663. Either party may give written notice to the other of a different address to which notice by mail should be sent. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth opposite their respective signatures. Dated: APP VED AS TO FORM: If City Attorney LIDO ISLE COMMUNITY ASSOCIATION 99 Y OF NEWPORT BEACH Mayor ATTEST: City Cle c November 8, 1993 PIOV R 1993 i CITY COUNCIL AGENDA { ITEM NO. • i APPRUVLU TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: 1993 -94 SIDEWALK AND CURB AND GUTTER REPLACEMENT PROGRAM; AND LIDO ISLE SIDEWALK REPLACEMENT, PHASE I (C -2769) RECOMMENDATIONS: 1. Authorize the Mayor and the City Clerk to execute a C' -27,4 /m) Cooperative Agreement with the Lido Isle Community Association. 2. Approve the plans and specifications. 3. Authorize the City Clerk to advertise for bids be opaaad - -at 11:00.A.M..on November 30, 1993. • DISCUSSION: This project provides for the replacement of defective Portland cement concrete improvements in Westcliff-Harbor Highlands and a cooperative project with the Lido Isle Community Association (LICA) to replace sidewalks and Portland cement concrete improvements on Lido Isle. Approximately 28,000 sq. ft. of sidewalk, 3,000 linear ft. of curb and gutter, 305 sq. ft. of alley approach concrete, 570 sq. ft. of driveway approach, and 800 sq. ft. of parking lot will be replaced; 550 sq. ft. of parkway paving will be removed; and 26 curb access ramps will be installed. The concrete replacement is deemed necessary to 1) eliminate improvements which have been uplifted and displaced to the extent as to constitute a hazard to the public; and 2) restore adequate drainage gradients to improvements which have been uplifted and displaced. Said uplift and displacement is usually due to unstable subgrade or root growth of nearby street trees or private trees. Where private trees have damaged the sidewalk, the adjacent property owners have been notified in writing (see attached example) of their responsibility to replace the damaged is sidewalk, and have 90 days to proceed to construct. Upon the expiration of the 90 days, if the work is not underway, it will be performed under this contract, and the costs therefor will be billed against the property owner. The ramp installations provide for improved access to sidewalks for those who use non - motorized, wheeled vehicles. The ramps are typically installed whenever other concrete work is being performed in the vicinity, whenever there is a perceived need for access ramps in the interest of public safety, or whenever there is a specific request for ramp construction. Benjamin B. Nolan Public Works Director GW:so Attachment • Subject: 1993 -94 Sidewalk and Curb and Gutter Replacement Program and Lido Isle Sidewalk Replacement, Phase I (C -2769) November 8, 1993 Page 2 A cooperative agreement has been prepared for execution • by LICA and the City. Under the agreement, LICA and the City will pay their proportionate shares of the items of work and the construction contract will be administered by the City. The Association will incur the cost for special coloring and scoring of concrete, for reconstructing a LICA parking area, for constructing a driveway approach to Lido Isle Yacht Club, and for replacing panels of sidewalk area which LICA judges to be aesthetically unacceptable. The Engineer's estimate totals $225,000. Sufficient funds to award this amount are available in the current budget. The City's share of the Lido Isle work is approximately $57,000; LICA's share is approximately $43,000; and private property owners share (where sidewalk must be replaced because of private tree root damage) is approximately $6,600. The estimated cost of replacing defective improvements in the Westcliff- Harbor Highlands area is $118,400, all of which will be borne by the City. Plans and specifications for the project were prepared by the Public Works Department. The estimated date of completion is March 15, 1994. • Benjamin B. Nolan Public Works Director GW:so Attachment • i • 0 0 �1q4 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 Mr. C. Robertson 325 Via Lido Soud Newport Beach, Ca. 92663 Dear Mr. Robertson August 19 ,1993 The roots of the private tree in front of your property located at 325 Via Lido Soud have raised the public sidewalk causing a potentially dangerous condition and a public nuisance. Since the damage to the sidewalk was caused by the root growth of your tree you are, in accordance with Section 13.04.090 of the Newport Beach Municipal Code, required to have the sidewalk repaired. The perimeter of the area to be replaced has been marked with orange paint. Please arrange to remove the portions of the existing sidewalk which has been displaced, prune the tree roots to at least 6 inches below the new • walk grade and replace the sidewalk. The use of root barriers is encouraged. This work should be completed within 90 days and done in compliance with City Public Works Standards. The City considers private trees as valuable community resources. Retention is encouraged if the tree does not present a continuing public safety hazard. A Public Works permit is required for the work, however the fee will be waived. For your convenience a permit application, and sidewalk specifications have been enclosed. The permit application must be returned to the Public Works Department. Most general contractors are capable of replacing sidewalk and they must provide Workers Compensation Insurance if required. If you have any questions regarding the sidewalk repairs, please call me at (714) 644 -3055. Sincerely, LEON HART, Field Operations Superintendent 3300 Newport Boulevard, Newport Beach 0 Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California. Number AM6214, September 29, 1961, and A -24831 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) 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 NEWPORT BEACH -COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: November 11, 16, 1993 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on November 16 , 199 ,3,^ at Costa Mesa, California. 10 BIDS IBof at which time shall be opened for UDO ISLE Approved by me t Ceunctil this 6th day of vember, 1993 Wanda E. Ragglo, C Clerk Prospective, bidders n obtain one set of bid do mama at no cost at the flee of the Public We Department, 3360 New{ Boulevard, P.O. Box 17 Newport Beach, CA 926 1766. For further informed call Gilbert Wong at 6 3311. Published Newp Beach -Costa Mesa 0 Pilot November 11, 1993. thtu