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C-2792 - Ocean Front Sidewalk Repair Phase II and III
[�C�G3�4C^aCC C�OGJ�4G3MC�4�OI�l C�UGv1f�LaG71� GENERAL ENGINEERING & BUILDING CONTRACTORS CONT. LIC. NO. A- 322712 P.O. BOX 8370 ROWLAND HEIGHTS, CA 91748 (714) 397 -4000 FAX (714) 865 -2098 June 24, 1991 CITY OF NEWPORT BEACH . Department of Public Works 3300 Newport Blvd. Newport Beach, CA 92659 -1768 Attention: Ben Nolan, Director of Public Works Reference: Phase II & III Ocean Front Sidewalk Repair Contract #2792 HCC Job #B -33 Dear Mr. Nolan, Please find enclosed two (2) Release Bonds, No. F7edby 86 11 and No. FS 702 86 12. These bonds are tendered against Stop Notice is Fountain Valley Transit Mix and Stop Notice issued by Pen all Co., both on the above referenced project. Heritage Construction hereby request full rele,Ase of all funds due, but withheld for work completed on the abov4y referenced project. Should you have any comments, please Sincerely, HERITAGE CONSTRUCTION CO. ee'7 Cruz R. Borrero, Controller CRB\crb cc: City Attorney enclosed file:B -33 -10 cont ct me at (714)397 -4000. 2 1981 • I( Y .. i • • BOND NO: FS 702 86 12 PREMIUM: $289.00 BOND-TO RELGlSE MONEY IVI.111I1111) 014 S1'011 101'ICI: KNOIV ALL i\0 BY 71MSE PRE-SEWS: That we, Alfred V. Bitetti, Jr. dba Heritage Construction Company hereinafter called Principal, as Principal, and American National Fire Insurance Company a corporation organized and existing under the lala of the State of New York and authorized to transact business in the State of California, hereinafter called Surety, as Surety, are held and firmly bowed unto City of Newport Beach And any authority or authorities, board or boards, officer er officers having control over distribution of money due, or to become due under the contract, hereinafter called the Obligee, in the stun of Twenty Eight Thousand Eight lkmdred Ninety Five and 11/ 100--------------------------------------------------- -------- -- - - -- -------------------------------------------------------------- 1.28,891b 7 i�ars�. lawful money of tie United States of funeriea, for the payment of which sure, well and truly to be made, the said Principal and Surety bind themselves, their heirs, executors, adninistrators, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THE ABOVE OBLIG4TION IS SUCH, That WIERFAS, the said Principal was awarded and entered into a written contract dated on or about , with the Obligee, for . Oceanfront Sidewalk - E Street and 33rd /Balboa - Contract 11279 Newport Beach, CA , and WEREAS, a certain Stop Notice under, date c' August 13, 1990 has been filed against payments which are due the said Principal in connection With said contract, in the amount of Twenty Three thousand One Hundred Sixteen and09/ 100------------------------------------------------------- - - - - -- ----- - - - - -- -- ------------------------------------------------------------- - - - - -- Dollars, 023,116.09) BY: Penhall Company, Claimant ; and .1VIUMIAS, the said Principal disputes the correctness and validity of said claim so filed, and desires that the funds now due him under the provisions of said contract shall be delivered to him notwithstanding said Stop Notice NOIV, 911hilu:rOj i, if the above named Principal shall fully protect the YUH ce, herein, nnninst any by reason of or ar:s -n1l: ^'.!t or the --acceptance of this bond, or tie release of said moneys, or the paylcent thereto to said Principal, and shall pay wly sun which said claimant may recover on said claim, together with the cost of shit in said action, not exceeding the penal sun of this bond, then this 00 inar.i.nn shall be void, othenaisc it shall be and remain in full force and effect. This bond is given vxl acce, ted under and in accorelavice with the provisions of Section 3196 of t :ic Civil Codc of the State of Califoniia. SIGNED, SFALI:D and (INT iD this 21st American Nationl Fire Insurance Comu:unv _ Maurice Y. Nguyen�ltto 1 ec'Li:1LFac_t SUMNY day of June 19 91. PRINCIPAL • ,� -46-- f I STATE OF CALIFORNIA SS. COUNTY OF LOS ANGELES On this day of ✓NNE In the year f gel, before me, the undersigned, a Notary Public in and for said State, personally appeared :TAR CIAL SEAL R. BORRERO W BLIC- CALffORNIA 0 GELES COUNTY pkes Jan. 19,199d ACAN0W1E0GYENT- Gm2I -WOkMS FM 277C4-LA -AFr. 5.92 0I992WOLCOrrG.INC. JOftUYEF21- . - - - -- , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person_ whose name - 1<5 subscribed to the within Instrument, and acknowledged to me that _he_ executed it. WITNESS my band and official seal. Notary Public In and for said State. STATE OF CALIFORNIA, COUNTY OF Orange ss. On this 21St day of June 19 91 , before me a Notary Public, within and for the said County ans State, personally appeared Maurice Y. Nguyen personally known to me ( to be the person whose name is subsrcibed to the within instrument as the Attorney -In -Fact of and for the American National Fire Insurance Company, and acknowledged to me that he subscribed the name of American National Fire Insurance Company thereto as Surety, and his own name as Attorney -In -Fact. ti.. f ty Public r . .�. .... • ii?,ER1CdN eAOERICM NAIK)N& FIRE INSURANCE ODMP)%W The number of persons authorized New York, New York by this power of attorney is not No.0 13219 more than THREE POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That th, AMERICAN NATIONAL FIRE INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of New York, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power DAVID A. BENDER ALL OF ALL MAURICE Y. NGUYEN ORANGE, UNLIMITED RON DENNISON CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the AMERICAN NATIONAL FIRE INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 9th day of June , 1989 Attest: AMERICAN NATIONAL FIRE INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON — ss On this 9th day of June, 1989 , before me personally appeared ROBERT M. SCHUDER, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, t', at he is the Vice President of the American National Fire Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. �N l.. h,4:J:i INS 66 "2/i . t 4 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of American National Fire Insurance Company by unanimous written consent dated August 20, 1979. RESOLVED: That the President, the several Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby, is authorized, from time to time, to appoint one or more Attorneys -fn -Fact to execute in behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION 1, RONALD C. HAYES, Assistant Secretary of the American National Fire Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of August 20, 1979 have not been revoked and are now in full force and effect. Signed and sealed this 5 10?M (6,'87) 21st: day of June to Ql 1 _ 1*, Cd • • BOND No: FS 702 86 11 PREMIUM: $254.00 BOND .10 MELGLSE R NEY 111.1111 HILD ON STOP 10 '10E KNOW ALL KIEV BY TIIESE PRESLWS: That we, Alfred V. Bitetti, Jr, dba Heritage Construction Company hereinafter called Principal, as Principal, and American National Fire Insurance Company a corporation organized and existing under the laws of the State of New York and authorized to transact business in the State of California, hereinafter called Surety, as Surety, are held and firmly bound unto City of Newport Beach 'and any authority or authorities, board or boards, officer er officers having -control over distribution of money due, or to become due under the contract, hereinafter called the Obligee, in the scan of Twenty Five Thousand Four amdred Thirteen and 89/ 100------------------------------------ -------- ------- --------- - - - - -- --------------------------------------------------------------- ($25,41°.�b81� arse. lawful money of the United States of America, for the payment of which sun, well and truly to be trade, the said Principal and Surety bind themselves, their heirs, executors, aibninistrators, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That WERFAS, the said Principal was awarded and entered into a written contract dated on or about , with the Obligeo, for Oceanfront Sidewalk - E St. and Balboa Newport Beach, CA , and WIEREAS, a certain Stop Notice under, date c' Oct. 3, 1990 has been filed against payments which are due the said Principal in connection with said contract, in the amount of Twenty Thousand-Three Hundred Thirty one and11/ 100------------------------------------------------------------------ - - - - -- ---------------------------------------------------------------------- Dollars, ($20,331.11) BY: Fountain Valley Transit Plix, Claimant ; and .1V1[J*W_l.S, the said Principal disputes the correctness and validity of said claim so filed, and desires that the funds none due him wider the provisions of said contract shall be delivered to him notwitlistanding said Stop Notice Noll, 11113RI1P01Ui, if the above named Principal shall fully protect the Obligee, herein, against any loss by reason of or arising out of the acceptance of this bond. or the release oC said moneys, or the payrscnt thereto to said Principal, and shall pay airy sun which said claimant way recover on said claim, together with the cost of suit in said action, not exceeding the penal scan of. this bond, then this ohlitat.ion shall be void, otherwise it shall be and remain in full force .uid effect. This bond is given uxl accepted under and in accordance with the provisions of Section 3196 of the Civil Codc of the State of California. SIGNED, SEALED and 11VlTD this 21st American Nationl Fire lnsurancc Co11)L ?1j!y__ Maurice Y. Nguyen, Attorney- in-Fzic SUML IlY day of June 1991, I'll) �ZII STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On this day of t /u.✓ , In the year 19-9-4 before me, the undersigned, a Notary Public in and for said State, personally appeared >4tSe61J //: �' rTz OFFICIAL SEAT. personally known to me [Rlll R. BORRfRO (or proved to me on the basis of satisfactory evidence) to be the person_ whose name_ a, NOTARY K03UC - CAL FORNIA subscribed to the within instrument, and acknowledged to me that _he_ LOS ANGELES COUNTY executed it. nW Ay Comm. Expires Jan. 18,1994 _ WITNESS my hand and official seal. 4 K Lary Public In and for said State. ACKNOWLEDGMENT— GeMal —WokoM Fpm 233CA1A —PW 5 82 ©w2wOLcorrs.M. 7- STATE OF CALIFORNIA, COUNTY OF Orange ss. On this 21st day of June 1991 before me a Notary Public, within and for the said County ans State, personally appeared Maurice Y. Nguyen personally known to me to be the person whose name is subsrcibed to the within instrument as the Attorney -In -Fact of and for the American National Fire Insurance Company, and acknowledged to me that he subscribed the name of American National Fire Insurance Company thereto as Surety, and his own name as Attorney -In -Fact. Oi iC:AI SEAL Ci: -,AH A. HILL 'ti C TY _ No Public • t R tlCSb; 400"L RRE INSUR W4�RAnyvy • • 1141fiiON L FIRE WSURAWLE W MftV4Y The number of persons authorized New York, New York by this power of attorney is not No.0 13219 more than THREE POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the AMERICAN NATIONAL FIRE INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of New York, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power DAVID A. BENDER ALL OF ALL MAURICE Y. NGUYEN ORANGE, UNLIMITED RON DENNISON CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attomey(s) -in -fact named above. IN WITNESS WHEREOF the AMERICAN NATIONAL FIRE INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and itscorporate seal hereunto affixed this 9th day of June •1989 Attest: AMERICAN NATIONAL FIRE INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON — ss On this 9th day of June, 1989 , before me personally appeared ROBERT M. SCHUDER, to me known, being duly swom, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the American National Fire Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. 1.. MULLIN'S of r'r•o This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of American National Fire Insurance Company by unanimous written consent dated August 20, 1979. RESOLVED: That the President, the several Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -/n -Fact to execute in behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof,' to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION 1, RONALD C. HAYES, Assistant Secretary of the American National Fire Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of August 20, 1979 have not been revoked and are now in full force and effect. Signed and sealed this 21St day of June '1991 S rni� Ia i97t HERITAGE CONSTRUCTII• CO. P.O. Box 8370 ROWLAND HEIGHTS, CALIFORNIA 91748 (714) 397 -4000 • �79Z �T y �✓ r / JOe NO=33 ATTENTION • RE: mF /Die tsc ir/B,g. ❑ Approved as submitted ❑ Resubmit copies for approval • &';Pd-XA-d1 .✓T ❑ Approved as noted ❑ Submit — copies for distribution > ❑ As requested ❑ Returned for corrections ❑ Return corrected prints > WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items: • Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications • Copy of letter ❑ Change order THESE ARE TRANSMITTED as checked below: • For approval ❑ Approved as submitted ❑ Resubmit copies for approval • For your use ❑ Approved as noted ❑ Submit — copies for distribution > ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment Ag"i.�[�d ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO— SIGNED: ieW �, re uun it onviosures am not as noted, kindly notify us at once. ' CITY OF NEWPi ii, | CONTRACr OCEAN FRONT \ SlDEWHLK PH ` I & If p-vmen- No . Hetention � BUDGET: 02-7697-448 Awv 20. 19"1 � Orin.* --------------------- 341,364.0(t ------------------- Extras $ 6`966.37 Tr`�! ----- ------------- vo ------- 340.350.37 ------- -- -------- Item ----------------'------------------------------------------------------------- Description Est Amt units Rid Price kmc. Lomo. Amt. Earned / 1 . FCC T/KND EDGE WALK 66850 SF $3.54 75462 $287,135.48 2 . PCC RAMPS @ ADAMS ST 1 LS 2,500.()0 1 2,500.00 ` 3 ~ 5" PCC SIDEWALK 6003 SF 3.50 Y 20.5 34.021.75 4 . 6"PrC/G"AO PAVEMENT 3900 SF 5.00 4007 20,035,00 5 . PCC RAMPS DETAIL C 6 EA 2,000.00 6 12,()00,00 6 . TYPE B CUR9,VAR. MT. 270 LF 7.00 070 2,590.0() 7 . RET. WALL TYPE I 135 LF 75.08 247 18,125.00 8 ^ RET. WALL TYPE II 150 LF 51.0() l49 7,599.00 9 . HANDRAIL LF 50.00 172.5 19.625.00 10 . AD3U3T TO GRADE 7 EA 50.00 6 30().00 11 " PCC STAIRWAY 2 EA 5()0.00 2 1,000.00 � 12 . BIKE PARKING PAD 6 EA 1,200.0O 7 8,4S0.00 13 . . PULL8DX 10 FA 2()0,00 24 1,800.00 ------------- $377,531.23 CHANGE ORDER NO. 1 LS 6966.37 1 6,966.37 -_______________________-___-____ __--_-____---___'- Send payment to; Amoun� Earned Heritage Construction Cu:. Aerention P.O. Box 8423 �revious Pvm, Rolano Heights, CA 91748 ANOUN DUE 1 WPayment made per Asst. CitY Atty. message 7/lw91 _____________________________ Co:trartrr t404,497.60 $404.497.6k, 0,00 358,534.2r � $4h,763.3z STOP-- I . PCC T'KND EDGE WALK 66850 SF $3.54 75462 2 . PCC RAMPS @ ADAMS ST 1 LS 2,500.00 l 3 . 5" PCC SIDEWALK 6000 SF 3.50 9720.5 4 ^ 6"PCCI8"AB PAVEMENT 3900 SF 5.00 4007 5 . PCC RAMPS DETAIL C 6 EA 2,()00.0() b 6 . TYPE B CURBAAR. HT. 270 LF 7^00 370 7 . RET. WALL TYPE I 135 LF 75.0() 247 8 . RET. WALL TYPE II 150 LF 51.00 149 9 . HANDRAIL 390 LF 50.00 372.5 10 . ADJUST TO GRADE 7 EA 50.00 6 11 . PCC STAIRWAY 2 EA 500.00 2 12 " BIKE PARKING PAD 6 EA 1,20803 7 13 " PULLROX 10 EA 200.0c) 24 CHANGE ORDER NO. 1 LS 6966.37 1 y , ------------------------- ----`.. -- Send payment to: Heritage Construction Co. P"0. Box 9423 Roland Heights, CA 91748 ------------- Amount Earned Rerent ion Previous Pymt AMOUNT DUE * *Payment made per Asst. City Atty. message 7/16/91 ---------~--~--~-- Contractor --A 4; $267,135.48 2,5C0.00 34,021.75 20,035.00 l2,00Ov0S 2,590.{`0 18,525.00 7,599.00 18,625.00 300.S0 1,000.0O 9,400"o0 4,800.00 ___________ $397,531.23 6,966,37 $404,497.60 $404"497.60 0.O0 358,534.29 � ' $45,9�3.31 IV, | | CITY OF 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: April 2, 1990 SUBJECT: Contract No. C -2792 Description of Contract Phase II and III Ocean Front Sidewalk Repair Effective date of Contract March 30, 1990 Authorized by Minute Action, approved on March 12, 1990 Contract with Heritage Construction Company Address P.O. Box 8370 Rowland Heights, CA 91748 Amount of Contract $341,364.00 G Wanda E. Raggio � City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at thavOics of the City Clerk, 3300 Newport Boulevard, P. 0. BooPolf art Beach, CR 92659 -1768 until 11.00 A.M. on the Fgbruary , 1990, at whic t m�e sue bids opened and read for Phase II & III Ocean Front Sidewalk Repair Title of Project r� UII tontract Imo. 1405, P ginser s Utimate `/4 Rpproved by the City Council this-22adday of ,lawL ry 1991 -""5 Wanda E. Raggio City Clerk -Y Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Norks Department, 3300 Newport Boulevard, P. 0. Box 1766, Newport Beach, CH 92659 -1766. For further information, call Steve Badum at 644 -3311. oject enager w a 20 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAI PHASE II & III OCEAN FRONT SIDEWALK REPAIR Contract No. 2792 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P. 0. Box 1768 Newport Beach, CA 92658 -8915 Gentlemen: PR 1,1 The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete this Contract No. 2792 in accordance with the Plans and Special Provisions, and will take in full payment therefor the following unit price for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT T AL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. 66,850 Construct Thickened Edge P.C.C. Sq.Ft. Sidewalk Three----- ----- --------------- - - - - -- -Dollars and ------------- ---- ---- - - - - -- Cents $ 3.54 $236,649.00 er o0 2. Lump Sum Construct P.C.C. Sidewalk Ramps at Adams Street @ Twenty Five Hundred---------- - - - - -- Dollars and ------- --- ----------------- -- - - - - -- Cents $ 2,500.00 er Lump um 3. 6,000 Construct 5" P.C.C. Sidewalk Sq.Ft. @ Three----------------- ------ - - -- -- -Dollars and F��l ------------------------- - - - - -- Cents $ 3.50 $ 211,000.00 per Square Foot •c Wa E3 I M - -- QUANTITY -IfiEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 3,900 Square Feet 5. 6 Each 6. 270 Lineal Feet 7. 135 Lineal Feet 8. 150 Lineal Feet 9. 390 Lineal Feet 10. 7 Each Construct 6" P.C.C. /8" AB pavement @ Five ----------------- ------ -- -- ---- Dollars and No------------------ --------- - - - - -- Cents Per Square Foot Construct P.C.C. ramps per Detail "C ", complete in place @fwo Thousand------------- ------ - - -- Dollars and No------------ - - - - -- --------- ------ Cents $ 2,000.00 $ 12,000.00 er ac Construct Type "B" curb, varible height C 6even------------------------ - - - - -- -Dollars and No---------------------------- - - - - -- Cents $ 7.00 $ 1,890.00 Per Linear Foot Construct P.C.C. retaining wall Type I per Detail "D" @ Seventy Five---------------- - - - - -- Dollars and No---------------------------------- -Cents $ 35.00 $ 10,125.00 Per Linear Foot Construct P.C.C. retaining wall Type II per Detail "E" @ Fifty One ------------------- - - - - -- Dollars and No---------------------------- - - - - -- Cents $ 51.00 $ 7,650.00 Per Linear Foot Furnish and install handrail per Detail "F" @ Fifty----------------------- - - - - -- Dollars and No---------------------------------- -Cents $ 50.00 $ 19,500 Per Linear Foot Adjust to grade @ Fifty----------------------- - - - - -- Dollars and No---------------------------- - - - - -- Cents $ 50.00 $ 350.00 Per Each • • PR 1.3 EM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 11. 2 Construct P.C.C. stairway, Each complete in place @Five Hundred----------------- - - - - -- Dollars and No--------------------------- - - - - -- Cents $ Per son _oo$ L — non nn ac� - - 12. 6 Construct bike parking pad and railing Each per Detail "G" @Twelve Hundred--------------- - - - - -- Dollars and No--------------------------------- -Cents $ 1,200.00$ 7,200.00 Per Each 13. 10 Provide and install pullbox Each @Two Hundred------------------ - - - - -- Dollars and No--------------------------- - - - - -- Cents $ Per Each TOTAL PRICE WRITTEN IN WORDS Three Hundred Forty One Thousand Three Hundred Sixty. four ---------- ------- ----- - - - ----- - Dollars and No---------------------------------------------------- -Cents 2 -27 -90 (714) 397 -4000 Bidder's Telephone Number Herita a Construction Company i er s /Alfred V. BitettiJr. Owner Authorized Signature/Title 200.00$ 2,000.00 $ 341,364.00 322712, A & B exp. date 6 -30 -90 P.O. Box 8370, Rowland Heights, CA 91748 Contractor's License No. & Classification Siaaer s ress TATE OF CALIFORNIA 55. OUNTYOF Los Angeles 3 �eb�,Lc r in the —Ci , On this �'Z � day of year 19- (v before me, the undersigned, a Notary Public in and for said State, personally appeared Alfred V. Bitetti Jr. personally known to me a"5 (or proved to me on the basis of satisfactory evidence) to be the person_. whose name_ OFFICIAL SEAL L.M. ELIZARRARAS ,.; subscribed to the within instrument, and acknowledged to me that _he_ NATAAV PUouC.CAUFORNIA executed It. l L LOS ANGELES COUNTY 1 . EXP. APR. 26,1991 WITNESS my hand and official seal. �� ,cam- �✓ ✓�-�4 Notary Pd/is in and for said State. IOWLEOGMENr —ee W—W*M3 rum 233CA —Rev. S82 12 WOLCOTTS. INC. (Rnu Wes$ 21 • Page 2 INSTRUCTIONS 70 BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS. 1. PROPOSAL 2. INSTRUCTIONS TO BIDDERS 3. DESIGNATION OF SUBCONTRACTORS 4. BIDDER'S BOND (sum not less than 10% of total bid price) 5. NON - COLLUSION AFFIDAVIT 6. TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less 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 respon- sible for bidder errors and omissions in the PROPOSAL. 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 compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. ontr's L. No. & assi icat ic ion FAMM6I] WaMMKITIVIRW .9110. s /Alfred V. Bitetti Jr., Owner Authorized Signature /Title %STATE OF CALIFORNIA COUNTY OF Los Angeles OFFICIAL Rp6o$ZF NOTARY 1 LOS ANGELES COUNTY MY COW. EXP. APR. 26,1991 +�oawrr ACKNDWLEDGMENT —r�N —W s Fa 23XA —Mm. 5.82 ®1982 WOLC0TT5, INC. tv"clan 8.21 Iss. ti On this � day of 'eb , in the year 19Qd , before me, the undersigned, a Notary Public in and fd said State, personally appeared Alfred V. Bitetti Jr. personally known to me (or proved to me on the basis of satisfactory evidence) to be the person_ whose name_ subscribed to the within instrument, and acknowledged to me that _he_ executed it. WITNESS my hand and official seal. Notary P tic in and for said Slate. i DESIGNATION OF SUBCONTRACTOR(S) Page 3 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. Subcontract Work Subcontractor Address 1.Handrail Cranveyor 1524 North Potero, E1 Monte 2.Demolition Penhall 16330 Construction Circle. Irvine 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. MXM ." 9M .a .ns.i s /Alfred V. Bitetti Jr., Owner Authorized Signature Title l Page 4 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, Heritage Construction Company as bidder, and Great American Insurance Company as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten Percent of the amount of accompanying bid----- - - - - -- Dollars ($10% of bid - - - -)> lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of Phase II & III Ocean front sidewalk Title of Proiect it -271q tra in the City of Newport Beach, is accepted by the City Council of said City, and if if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver to said City the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) after the date of the mailing Notice of Award to the above bounden bidder by and from said City, then this obligation shall become null and void; otherwise it shall be forfeited to the said City. In the event that any bidder above named executed this bond as an individual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligation under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 27th day Of February , 1990 (Attach acknowledgment of Attorney -in -Fact) Notary Public Commission Expires: Heritage Construction.Company Bidder by:s /Alfred V. Bitetti Jr., Owner Authorized Signature /Title Great American Insurance Company Surety By: s /Jay P. Freeman, Attorney -in -Fact Title: Jay P. Freeman, Attorney -in -Fact STATE OF CALIFORNIA COUNTY OF Los Angeles OFFICIAL SEAL L.M. ELIZARRARAS 'P NOTARY PUBLIC-CALIFORNIA . LOS ANGELES COUNTY MY COhH1. EXP. APR. 26,}991 u+aera•r ICKNOWLEDGMENT—Gcmmt—WOVM s FWM 23NA —Bev. 5 -82 ®1982 W01-00TTS. INC. (Price class 8 2) Iss. On this'-')k~ day of in the year 19�, before me, the undersigned, a Notary Public in and for said State, personally appeared Alfred V Bitetti Jr , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person_ whose name_ subscribed to the within instrument, and acknowledged to me that _he_ executed it. WITNESS my hand and official se/ . al 11 / Notary blic in and for said State. * STATE OF CALIFORNIA, COUNTY OF Ins Angeles _ SS * * 19 90 before On this 27th day of Febru ry -- County and State, 9 I * me a Notary Public, within and for the said * Personally appeared Ja P. Freatlall to me on the basis of satisfactory Jj * Personally known to me (or proved is subscribed to the within * evidence) to be the person whose name Attorney -In -Fact of and for the GREAT AMERICAN * instrument as the to me that he subscribed the name * INSURANCE COMPANY, and acknowledged INSURANCE COMPANY thereto as Surety, and his * of the GREAT AMERICAN * own name as Attorney -In -Fact. * graaa• «••rr•►a «aararapa«ragpga= * * OFFICIAL SEAL i * CATHY RAMPENTHAL NOTARY PUBLIC — CALIFORNIA NOTARY BOND FILED IN OAN LOS ANGELES COUNTY * i Nry Commiaslon Expires January 5. 1993 a tary Pu blic * •aaaµ«aa«••a«raaaw. «wy5. aaar•• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** GUM rVVWCAN INSURANCE COMPANY ,,umber of persons authorized by e power of attorney is not more than No. 0 13075 FOUR POWEROFATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and Xxisting under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attomey -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power i JOHN CALVIN ALL OF ALL ROBERT J. CULP POMONA, CALIFORNIA UNLIMITED DONALD R. DES COMBES JAY P. FREEMAN This Power of Attorney revokes all previous powers issued in behalf of the attomey(s) -in -fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and itsc orporate sea] hereunto affixed this 5th day of August ,19 86 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO, COUNTY OF HAMILTON — ss On this 5th day of August, 1986 before me personally appeared ROBERT M. SCHUDER, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated August 20, 1979. RESOLVED: That the President, the several Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -/n -Fact to execute in behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOL VED FURTHER: That the Company seal and the signature of any of the aforesaid officers may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seat when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed CERTIFICATION 1, KAREN HOLLEY HORRELL, Secretary of the Great American Insurance Company, do hereby certify that the lmcgoing Power of Attorney and the Resolutions of the Board of Directors of August 20, 1979 have not been revoked and are now in full fuse and effect. Signed and sealed this S I029J (81831 27th day of 'Felatvary ,1990 �1 ACKNOWlXCOTTNr– General– Wdcotts Fam 233CN –qev. 5 -82— -- – —_ -- — _– _ -- Notary PUbII nand for said State. II ®1992 NLEDGMTB, INC. Iwce nos B n NON- COLLUSION AFFIDAVIT Page 5 The bidder, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths, say that neither they nor any of them have, in any way, directly or indirectly, entered into any arrangement or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever; or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the bidder from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be suggested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomsoever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the contracts sought by this bid. Heritage Construction Co. Bidder `. s /Alfred V. Bitetti Jr., Owner Authorized Signature /Title Subscribed and this 27th day 19 90 . sworn to before me of February , My commission expires: 1 26, 1991. L.M. Elizarraras Votary Public ;STATE OF CALIFORNIA COUNTY OF Los Angeles I, I }55. On this day of �-e6rlAcLCLA in the year 199c)., before me, the undersigned, a Notary Public in and for said State, personally appeared Alfred V. Bitetti Jr. , personally known to me OFFICIAL SEAL (or proved to me on the basis of satisfactory evidence) to be the person_ whose name_ L.M. ELIZARRARAS subscribed to the within instrument, and acknowledged to me that _he_ ;. MoTAMVeusuc- ceuFOneu executed it. ' LOs ANGELES COUNTY MY COMM. EXP, 0.PR, 26,1991 WITNESS my hand and official seal. Notary Publi n andand fo�tate. ACXNOWLEGGMENT— General —WOc ft Fam DXA —Fe . 5 et ®19U WOLCOTTS. INC. Iw"CWS a -PI Page 6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No. 90 City of Pasadena Jim Callens (818) 405 -4191 89 City of Rancho Cucamunga Mike Long (714) 989 -1862 90 Orange County EMA Ralph Maples (714) 567 -7826 89 Cal -Trans La Habra (714) 383 -4421 89 City of Paramount Harry Babbitt (213) 220 -2020 88 City of Clairmont Mark Christoffers (714)624 -4531 87 City of La Habra Mehred Miralaie (213) 694 -1011 87 City of Upland Steve Gaplizan (714) 982 -1352 87 City of La Habra Mehred Miralaie (213) 694 -1011 Heritage Construction Bidder s /Alfred V. Bitetti Jr., Owner Authorized Signature Title The following contract to the Engineer within ten and Federal holidays) after the successful bidder: 0 NOTICE Page 7 documents shall be executed and delivered (10) days (not including Saturday, Sunday the date of mailing Notice of Award to PAYMENT BOND (pages 8 & 9) FAITHFUL PERFORMANCE BOND (pages 10 & 11) CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 12, 13, 14) CONTRACT (pages 15 & 16) The City of Newport Beach will not permit a substitute format for these contract documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. 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 Ratin Guide: Property - Casualty. Coverages shall be provided as specs ie in the Standard pets ications for Public Works.Construction, except as ai vrovisions. All costs associated with the specifications of these contract documents shall be absorbed in the bid. Such specifications shall include those contained in (1) each contract document and (2) the Standard Specifications for Public Works Construction, except as modified y the Special Provisions. BOND 46 4 20 68 • PREMI4 SEE PERF. 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 notion adopted January 22.1990 has awarded to Heritage Construction Company hereinafter designated as.the "Principal ", a contract for Phase II & III Ocean Front Sidewalk Repair C -2792 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; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his or its subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We as Principal, and HERITAGE CONSTRUCTION COMPANY GREAT AMERICAN INSURANCE COMPANY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of Three Hundred Forty One Thousand Three Hundred Sixty Four--------------------- - - - - -- Dollars (8341,364.00- - - - -), said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the contract; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his subcontractors, fail to pay for any materials, provisions, or other supplies, used in, upon, for, or about the performance of the work contracted tob be done, or for any other work or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 11 ' l _ Page 9 Payment Bond (Continued) 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 the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal A and Surety above named, on the 22ND day of MARCH , 19q0. i or INrincipal gw6n Company gnatur"rM lltle Authorized Signature and Title V' GREAT AMERICAN INSURANCE COMPANY (Seal) Name of urety 750 NORTH CITY S. ORANGE CA 92b67 Addre of S rety BY: Sign toe and Title o Aut u_ize gent_ - JAY FREEMAN, ATTORNEY-IN- 1890 N. GAREY AVE.. POMONA. CA 41567 714/623 -6161 Telephone No. of gent rI'Aft;, - - - - - - - - - - - 0 • I E. R t STATE OF CALIFORNIA II ss. f COUNTY OF LOS ANGELES On this day of , in the year 19. before me, the undersigned, a Notary Public in and for said State, personally appeared ALFRED V. BITETTI, JR. , personally known to me (or proved to me on the basis of satisfactory evidence) 10 be the person_ whose name_ OFFICIAL SEAL subscribed to the within instrument, and acknowledged to me that — he-L.M. ELIZARRARAS NOTARY PUSUC- OAUFORNIA executed it. LOS ANGELES COUNTY NY COW. EXP. APR. 26 1991 WITNESS my hand and official seal J r Notary Public nd for said State. ACKNOWLEDGMENT — General— WolwNa Form 233CA —Bev. 5 -82 _e * * * STATE OF CALIFORNIA, COUNTY OF IQC ANGFI FS * On this 22ND day of MARCH 1990 before me a * me a Notary Public, within and for the said County and State, * personally appeared JAY P..FREEMAN * Personally known to me (or proved to me on the basis of satisfactory * evidence) to be the person whose name is subscribed to the within * instrument as the Attorney -In -Fact of and for the GREAT AMERICAN * INSURANCE COMPANY, and acknowledged to me that he subscribed the name * of the GREAT AMERICAN INSURANCE COMPANY thereto as Surety, as his * own name as Attorney -In -Fact. * * eNAe•aeeae#eeHeeeeee•1 � * * CATHY RAMPENTHAL NOTARY PUBLIC — CALIFORNIA * NOTARY BOND FILED IN * LOS ANGELES COUNTY # My Cammi65100 Expires January 5, 1993 f46rfy Pub11C * •••• ••••e•ee•s•s•••ss•sssss•ees•►•a • FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That BOND. #6 14 20 68 IUM: $4,916.00 Page 10 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted January 22,1990 has awarded to Heritage Construction Company hereinafter designated as the "Principal ", a contract for Phase II A III Ocean Front Sidewalk Repair C -2792 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; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We HERITAGE CONSTRUCTION COMPANY as Principal, and GREAT AMERICAN INSURANCE COMPANY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of Three Hundred Forty One Thousand Thr P Hundred Sixty Fnor ---- ---------------- -- --- -- Dollars ($341,364.00 ----- ), said sum being equal to 100% of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors, and assigns; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION J S SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well keep truly and perform the covenants, conditions, and agreements in the said contract and any alteration thereof made as therein provided on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of.the contract Page 11 Faithful Performance Bond (Continued) or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the contract or to the work or to the specifications. In the event that the principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 22ND day of MARCH , 1990 . HERITAGE BY: 1 !' RI1►' b..il Authorized Signature and Title GREAT AMERICAN INSURANCE COMPANY(S231i. Name of Surety - 750 NORTH CITY S., ORANGE, ;CA��26i53., Ad res o f Surety Signattird and Title of Authori "e JAY P. REEMAN, ATTORNEY -IN -FACT - 1890 N. GAREY AVE., POMONA, CA 91767 Address of Agent 714/623 -6161 Telephone No. of Agent :�'a"cL"'� : �:i�'°�e= �`"�#:•�;_is'-,.:. - - .:::_�.�,I.. :. _..,.... <...,_.r -. ._,€,y�i§x�K- .r.�+�:= :�"�Y�"�£ W, I STATE OF CALIFORNIA }ss. CoUNTV of LOS ANGELES On this day of , in the year 19_, before me, the undersigned, a Notary Public in and for said State, personally appeared ALFRED V. BITETTI, JR. , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person_ whose name- - -- - subscribed to the within instrument, and acknowledged to me that _he_ OFFICIAL SEAL L.M. ELIZARRARAS executed it. NOTARY PUBLIC - OALIFORNIA LOS ANGELES COUNTY WITNESS my hand and official seal. MY COt41. EXP. APR. 26,1991 Notary Public i d for said State. ACKNOWLEDGMENT— General— Wakotls Form 273CA —Rev, 5 -82 ******************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * c * STATE OF CALIFORNIA, COUNTY OF I.QS ANGELES * * * On this 22ND day of MARCH 1990 before me a * me a Notary Public, within and for the said County and State, * personally appeared JAY P..FREEM4N * Personally known to me (or proved to me on the basis of satisfactory * evidence) to be the person whose name is subscribed to the within * instrument as the Attorney -In -Fact of and for the GREAT AMERICAN * INSURANCE COMPANY, and acknowledged to me that he subscribed the name * of the GREAT AMERICAN INSURANCE COMPANY thereto as Surety, as his * own name as Attorney -In -Fact. * * * * * * Notayy Public * * ?t G M AIVERICAN INSURANCE OOMPANY The number of persons authorized by 13075 this power of attorney is not more than No. 0 FOUR POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name JOHN CALVIN ROBERT J. CULP DONALD R. DES COMBES JAY P. FREEMAN Address ALL OF POMONA, CALIFORNIA This Power of Attorney revokes all previous powers issued in behalf of the attomey(s )-in -fact named above. Limit of Power ALL UNLIMITED IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 5th day of August 19 86 Attest STATE OF OHIO, COUNTY OF HAMILTON — ss: GREAT AMERICAN INSURANCE COMPANY On this 5th day of August, 1986 before me personally appeared ROBERT M. SCHUDER, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the Vice President of the Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated August 20, 1979. RESOLVED: That the President, the several Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -/n -Fact to execute in behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seat and the signature of any of the aforesaid officers may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed CERTIFICATION 1, KAREN HOLLEY HORRELL, Secretary of the Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of August 20, 1979 have not been revoked and are now in full fume and effect. Signed and sealed this 22ND day of - MARCH '1990 s ]o79J (atas) Ac41i:ne PRODUCER CERTIFICA Tolman & Wiker 196 South Fir- Street P. D. Box 1388 Ventura, CA 93002 930172 INSURED Heritage Construction P.O. Box 8423 Rowland Heights, CA 91748 INSURANCEV ISSUE DATE (MM /DD /YY) V \., G. 03/28/90. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW COMPANIES AFFORDING COVERAGE COMPANYA Transcontinental Ins. Cc LETTER COMPANYB Transportation Ins. Co. LETTER COMPANYC Valley Forge Ins. Co. LETTER COMPANY Calif. Comp. w Fire Co. LETTER COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 'O TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS THOUSANDS TR DATE (MM /DD /VV) DATE (MM /DD /VY) A GENERAL LIABILITY 006199055 1 1 /171 /89 11/01/94) GENERAL AGGREGATE $ 1 (717( X COMMERCIAL GENERAL LIABILITY PRODUCTS- COMP /OPS AGGREGATE $ 1 * 00( CLAIMS MADE X OCCUR. PERSONAL $ ADVERTISING INJURY $ 1 ' OI)1 X OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $ 1'00( FIRE DAMAGE (Any one tire) $ 51 MEDICAL EXPENSE (Any one person) $ B AUTOMOBILE LIABILITY 906199056 1 1 / 01 / 89 1 l / 01 / 90 COMBINED X ANY AUTO SINGLE $ LIMIT 1,000 ALL OWNED AUTOS BODILY X NJURY $ X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY S X NON -OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ C EXCESS LIABILITY 706199057 11/01/89 1 1 /01 /90 OCCURRENCE AGGREGATE X $ $ OTHER THAN UMBRELLA FORM 1 , 01)1) 1,000 D WORKER'S COMPENSATION W0302863 03/13/90 03/13/91 STATUTORY AND $ 1 , 000 (EACH ACCIDENT) EMPLOYERS' LIABILITY $ 1 , 000 )0 (DISEASE — POLICY LIMIT) $ 1 , 100 IDISEASE —EACH EMPLOI OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES /SPECIAL ITEMS Ocean Front Sidewalk Repair C -2792 Fhe City of Newport Beach, its officers and employees are additional insureds, but only with respect to liability arising out of operations City of Newport Beach P.O. Box 1768 33001 Newport Blvd. Newport Beach, CA 92659 -1768 U^p =L6Anvn :Ten ''vay. NOL2ce.: for IVDn- raymcl SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 22, DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 'ov Page 13 CITY OF NEWPORT BEACH AUTOMOBILE LIABILITY INSURANCE 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, its officers and employees are additional insureds but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach 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: ( ) Multiple limits Bodily Injury Liability Bodily Injury Liability Property Damage Liability ( ) Combined Single Limit Bodily Injury Liability and Property Damage Liability ii $ 11000,000 person accident 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. 4. Should the policy be non - renewed, cancelled 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. 5. Designated Contract: Phase II & III Ocean Front Sidewalk Repair (Project Title and Contract No.) This endorsement is effective 03 -20 -90 at 12:01 A.M. and forms a part of Policy No. 706199057 of Transportations Insurance (CNA) (Company Affording Coverage insured Heritage Construction, Inc. - -- -- Endorsement No. - N Producer Tolman & Wiker By P.O. Box 1388 Author ze resentative Ventura, CA 93002 0 i CITY OF NEWPORT BEACH Page 14 GENERAL LIABILITY INSURANCE 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, its 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 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 con- tained in the written contract designated below, between the named insured and the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU" hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured(s) named in Paragraph 1. of this endorsement shall be the limits indicated below written on an "Occurrence" basis: (x) Commercial (x) Comprehensive General Liability $ 1,000,000 each occurrence $ 1,000,000 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). 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 occurrence in excess of the limits of liability stated in the policy as applicable to General Liability_Insurance. 6. Should the policy be non - renewed, cancelled 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: Phase II & III Ocean Front Sidewalk Re air - Project Title and Contract No.) This endorsement is effective 03 -20 -90 at 12:01 A.M. and forms a part of Policy No. 006199056 of Transcontinental Insurance (CNA�� Company Affording Coverages —� Insured Heritage Construction, Inc. Endorsement No. Producer Tolman & Wiker BY P.O. Box 1388 AuthorCzed R resentative Ventura, CA 93002 L Page 15 CONTRACT THIS AGREEMENT, entered igto thixil4bay I of 19 Az by and between the CITY OF NEWPORT EACH, hereinafter "Cit ," and Fleyj -tgge Construction fn_ , her ter "Contractor," is made with reference to the following facts: (a) City has heretofore adver' for bids for the following described public work: Phase C -2792 Tit e o ro�ect Contract No. (b) Contractor has 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 specifi- cations 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: Phase II & III Ocean.Front Sidewalk Repair C -2792 Title of Project Contract No. which project is more fully described in the contract documnts. 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 Three Hundred F d d Four and No Cents - - - - -- ($ 341,314.00)— This compensation inc u es any oss or arising from the nature of the work; (2) any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work; (3) any expense incurred as a result of any suspension or discontinuance of the work; but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incor- porated herein by reference as though set out in full and include the following: (a) Notice Inviting Bids (b) Instructions to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and Endorsement(s) 0 M11 Page 16 (f) Plans and Special Provisions for Phase II & III Ocean Front Tit e o roject. _ Contract No. (g) This Contract. or 4. Contractor shall assume the defense of, and indemnity and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, except such loss or damage proximately caused by the sole negligence of City or its officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. ATTEST: Dili /_ - APPROVED AS TO FORM: CITY OF NEWPORT BEACH MIAMI�! I�'........ . Authorized Signature and Title 0--- 0 t : ti- STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On this day of , in the year 19_, before me, the undersigned, a Notary Public in and for said State, personally appeared ALFRED V. BITETTI, JR. , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person_ whose name_ OFFICIAL SEAL subscribed to the within instrument, and acknowledged to me that — he-L.M. ELIZARRARAS executed it. NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY MY COMM. EXP. APR. 26,1991 WITNESS my hand and official al. r � (f"7yfiLLf.(/`L�p Notary Peb Ic in and for said State. ALKUDWLEDGMENT— General— WOICOIIS Form 237CA —Aw. 5.82 r CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS PHASE II & III OCEAN FRONT SIDEWALK REPAIR CONTRACT NO. 2792 SECTION PAGE I. CONTROL OF WORK . . . . . . . . . . . . . . . 1 A. Specifications . . . . . . . . . . . . 1 B. Time for Completion . . . . . . . . . . . 1 C. Construction Schedule . . . . . . . . . . 1 D. Works Hours . . . . . . . . . . . . . . . i E. Payment . . . . . . . . . . . . . . 1 F. Utility Service . . . . . . . . 2 G. Construction Surveys and Staking . . . . . 2 II. CONTRACTOR'S RESPONSIBILITIES . . . . . . . . 2 A. Insurance . . . . . . . . . . . . . . . . 2 III. CONSTRUCTION DETAILS . . . . . . . . . . . . . 3 A. Removals . . . . . . . . . 3 B. Portland Cement Concrete . . . . 3 C. Expansion and Weakened Plane Joints . . . 4 D. Miscellaneous Traffic Devices and Signs . 4 E. Railing. . . . . . . . . . . . . . . . 5 F. Bicycle Rack . . . . . . . . . . . . . . . 6 • • SP 1 of 6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS CONTRACT NO. 2792 PHASE II & III OCEAN FRONT SIDEWALK REPAIR SECTION I. CONTROL OF WORK A. SPECIFICATIONS The work to be done under this contract includes the removal and construction of P.C.C. sidewalk, curb, retaining wall, railing and performing other incidental items of work as necessary to complete the work in place. Construction of this contract shall be done in accordance with: (1) these special provisions; (2) the plans (Drawing No. M- 5283 -S Sheets 1 through 14); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction (1988 edition); an the provisions of the 1988 edition of the A A WA Standard Specifications for Public Works Construction hereinafter referred to as t e "Standard peci ications." TIME FOR COMPLETION The Contractor shall complete all work under the contract within ninety (90) consecutive calendar days from the date the City Council awards the contract. C. CONSTRUCTION SCHEDULE The Contractor's construction schedule submittal shall detail and satisfy the following requirements: The Contractor must employ sufficient men and equipment to meet this schedule. If it becomes apparent during the course of the work that the Contractor will not be able to meet this schedule, he will be prohibited from starting work at additional locations until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional men and equipment were required on the job. The Contractor shall schedule his work so that each portion of sidewalk will be removed and reconstructed during a period not to exceed 72 hours, excluding weekends. D. WORK HOURS City ordinance limits working hours (including equipment maintenance) to Monday through Friday from 7:00 AM to 6:30 PM and Saturday from 8:00 AM to 6:00 PM. E. PAYMENT The unit or lump sum price bid for each item of work shown on the proposal shall be considered as full compensation for all labor, equipment, materials, and all other things necessary to complete the work in place, and no additional allowance will be made therefor. • • SP 2 of 6 Payment for incidental items of work not separately provided for in the proposal (e.g. excavation, removal, sawcutting, patchback, protecting property corners, root pruning, utility adjustments, expansion joints, joint sealant, etc.) shall be included in the unit prices bid for other items of work. The substitution of securities for any payment withheld in accordance with Section 9 -3.2 of the Standard Specifications is permitted pursuant to Government Code Sections 4590 and 14402 -5. The Contractor is to be aware that limited funding exists for this project. If the total price exceeds funding the City reserves the right to reduce the unit price based quantities accordingly to balance available funding. The City will be the sole determinant of those specific locations to be deleted from the scope of work if such is required. F. UTILITY SERVICE The Contractor shall provide all water and electricity required for construction. Construction water may be obtained from certain nearby City fire hydrants by making arrangements with the City Utilities Department (714) 644 -3011. If the Contractor elects to use the City's water, a $500 meter deposit will be required. Upon return of the meter in good condition to the City, the deposit will be returned to the Contractor less a quantity charge for water usage. G. CONSTRUCTION SURVEYS AND STAKING Field staking for control of construction shall be provided by the Contractor. Limits of removal shall be field - identified by orange paint marks by City. Existing property corners and survey ties adjacent to removals shall be replaced by Contractor. In situations where property corners or survey ties interfere with the work, the Contractor shall survey and reset property corners and survey ties. SECTION I1: CONTRACTOR'S RESPONSIBILITIES A. INSURANCE 1. Liability Insurance The word "agency" in Subsection 7 -3 of the General Provisions of the Standard Specifications shall mean "the City of Newport Beach." a. Special Endorsement A standard "Special Endorsement of Insurance for Contract Work for City" form has been adopted by the City. The form is to be attached and made a part of all policies of insurance acceptable to the City. The successful low bidder will be required to complete this form upon award of the Contract. b. Limits The liability insurance coverage in Section 7 -3 of the General Provisions of the Standard Specifications is hereby amended to provide the following minimum limits: • • SP 3 of 6 Bodily Injury $ 500,000 each person 1,000,000 each occurrence 1,000,000 aggregate products and completed operations Property Damage $ 500,000 each occurrence 1,000,000 aggregate Combined A combined single limit policy with aggregate limits in the amount of $2,000,000 will be considered equivalent to the required minimum limits. 2. Workers' Compensation Insurance In addition to the requirement specified in Subsection 7 -4 "Workers' Compensation Insurance," of the Standard Specifications, the Contractor shall provide an endorsement to the certificate of insurance on the forms provided waiving any right of subrogation it may acquire against the City of Newport Beach, its officers and employees by reason of any payment on account of injury including death resulting therefrom sustained by any employee of the insured. SECTION III. CONSTRUCTION DETAILS A. REMOVALS Existing portland cement concrete or asphalt concrete improvements to be removed shall be sawcut a minimum of two (2) inches deep along join lines. Final removal at the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. It is emphasized that edges created by other means will not be acceptable. If a removal area limit falls within three (3) feet of a weakened plane joint then the removal area shall be extended to that joint. Material shall be removed from the site at the end of each working day. Debris shall not be stockpiled on the beach. The Contractor shall exercise care in removing only those materials which are unsuitable for use as fill materials. The beach shall be kept clean of all removed materials, as well as any trash or debris as a result of the Contractor's operations. The Contractor may dispose of clean sand on the beach. The sand must be free of all debris and concrete chips. PORTLAND CEMENT CONCRETE General a. Concrete shall conform to Class 560 -C -3250 with a maximum slump of four (4) inches at time of placement. Contractor shall submit mix designs and material certifications to Engineer for approval prior to beginning concrete work. Contractor shall utilize concrete pumping equipment which is capable of pumping the required Class 560 -C -3250, if placement of concrete is by pumping. Reduction of aggregate size or increased slump will not be allowed. b. Contractor shall protect the finished surface of the concrete from traffic (pedestrians, bicycles, etc.) until sufficient set has taken place to support such traffic without damage. ♦ SP 4 of 6 c. Before placing concrete, the sand subgrade shall be properly graded and compacted. The compacted subgrade shall be watered in advance and immediately before placing concrete. A layer of plastic sheeting in subgrade may be utilized in lieu of watering at the option of the contractor. 2. P.C.C. Sidewalk Sidewalk construction shall conform in grade, color and finish to adjoining P.C.C. improvements. The Contractor shall devise a screeding operation for approval by the Engineer to control the sidewalk grade between join points on the inland side of the walk. The sidewalk grade along the ocean side edge of the walk shall be straight graded in segments not less than fifty feet in length. Minimum cross slope shall be 1.7 %. All grades and forms shall be approved by the Engineer. The Contractor's attention is directed to the fact that it is the intent of this project to provide a superior sidewalk surface eliminating cracks, bumps and rough pavement and therefore poorly constructed joints, 'rolling' pavement, excessive cracking, etc. will be rejected and redone at the expense of the Contractor. C. EXPANSION AND WEAKENED PLANE JOINTS Expansion joints shall be incorporated in the work at 60' spacing. Joints shall consist of fiber filler board with expansion board caps and joint sealant. The expansion board caps shall have removable caps conforming to the dimensions shown on the plans. Upon removal of the board caps, the joint shall be cleaned and immediately filled with joint sealant. Joint sealant shall be a two part polyurethane sealant such as "Vulkem 245 ", manufactured by Mameco International or equal. Bond breaking tape shall be used per the the manufacturer's recommendations. Color shall be gray. All sealed joints shall be protected until tack free. Weakened plane joints shall be incorporated in the work at 10' spacing. Joints shall consist of a zip -cap style joint with 2" leg. Joints shall be cleaned and filled with joint sealant as shown on the plans. Full payment for expansion and weakened plane joints including sealant shall be considered as included in the unit prices and lump sum prices for constructing sidewalk as shown in the bid schedule and no additional compensation will be allowed. D. MISCELLANEOUS TRAFFIC DEVICES AND SI 1. General Signs used for handling traffic during construction shall be in accordance with the "Work Area Traffic Control Handbook" (WATCH) published by Building News, Inc. and made a part of these detailed specifications. The method in which signs, barriers and other miscellaneous traffic devices are used during construction shall be in accordance with the publication mentioned above. A copy of said publication is on file with the Public Works Department. \r • * SP 5 of 6 2. Closing Sidewalk Contractor shall furnish and install signs and barricades which close the segment of sidewalk under construction to pedestrian and bicycle traffic during the time of actual construction (removal, replacement and concrete curing). 3. Posting "No Parking" Signs The Contractor may post signs at the end of various public streets near the Ocean Front Sidewalk for 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 forth (40) hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division, at (714) 644 -3740 for verification of posting at least 40 hours in advance of the need of enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12 inches wide and 18 inches high; and (3) be similar in design and color to sign number R -38 of the Caltrans Uniform Sign Chart. The Contractor shall print the hours, days and dates of closure in 2 -inch high letters and numbers. A sample of the completed sign shall be approved by the Engineer prior to posting. 4. Notification to Residents Between 48 and 55 hours before starting work on any section of the sidewalk or restricting parking on any street ends, the Contractor shall distribute to each affected address a written notice stating when construction operations will start and approximately when street ends and sidewalk will be reopened. 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, false starts, acts of God, strikes or other altercations of the schedule will require Contractor renotification using an explanatory letter furnished by the Engineer. Payment for miscellaneous traffic devices and signs shall be considered as included in the contract price paid for the various items of work of which such work is a part of, and no additional compensation will be allowed therefore. E. RAILING Railing and railing installation shall be in accordance with Sections 206 -5 and 304 -2 of the Standard Specifications except as follows: 1. Components shall be fabricated from 1+1" dia. schedule 40 extruded aluminum. 2. Aluminum shall be alloy 6063 -T6. 0 SP 6 of 6 3. Components shall be clear anodized after fabrication to Architectural Class I (0.7 mils min.). 4. Welds, grinding and mechanical fasteners shall not be visible n the installed finished product. 5. Railing shall be secured in 3 -inch diameter grout pockets with quick setting hydraulic cement, such as Quick -Rok or Por -Rok. Grout shall be finished to shed water from railing posts. F. BICYCLE RACK Rack shall be ribbon rack, Model RB11, as manufactured by Brandir International, Inc. or equal. Pipe shall be Schedule 40 steel pipe (2.375" OD x .154" wall) ASTM A53, hot dipped galvanized after fabrication. CITY OF NEWPORT BE iCH October 30, 1990 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Heritage Construction Company P.O. Box 8370 Rowland Heights, CA 91748 (714) 644 -3005 Subject: Surety: Great American Insurance Company Bonds No.: 6 14 20 68 Contract No.: C -2792 Project: Phase II and III Ocean Front Sidewalk Repair The City Council of Newport Beach on October 8, 1990 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 October 12, 1990, Reference No. 90- 544891. Sincerely, Wanda E. Raggio City Clerk WER:pm cc: Public Works Department �0 o�2 C' %/7'�Z 3300 Newport Boulevard, Newport Beach RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk #a City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663, OMM RECORDING REQUEST PER , �r-. iiWMMENT CODE 6103 EXEMPT p C1 �t✓�p19D I ICF. OF C_ LETION Gam ,�t1-544891 RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA 3:30 P.M. OUT 121990 qt PUBLIC WORKSQRECORDEF I o All Laborers and Material -`Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on July 13, 1990 the Public Works project consisting of Phase II and III Ocean Front Sidewalk. Repair (C -2792) on which .Heritage Construction Company, P.O. Box 8370, Rowland Heights, CA 91748 was the contractor, and Great American Insurance Company. 750 North City S., was the surety, was completed. Oragge, Cep 92667 VERIFICATION I, the undersigned, say: CIT F NEWPORT BFACH Zh- Pu 1ic orks Director I am the Public Works Director of the City of Newport Beach; the foregoing Notice of Completion is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on October 10. 1990 at Newport Beach. California. Public Works Director VERIFICATION OF CITY CLERK I. the undersigned, say: I am the City Clerk of the City of Newport Beach; the City Council of said City on October 8. 1990 accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on October 10, 1990 at Newport Beach, California. i1 i 00 R3R MUn I D:iIM3R MMA £GIa 3000 TLJM3RM :5.. 0 3y i4 617`/ • TO: City Council FROM: Public Works Department October 8, 1990 CITY COUNCIL AGENDA ITEM NO. F -12 SUBJECT: PHASE II & III, OCEAN FRONT SIDEWALK REPAIR (C -2792) 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 construction of the subject project has been completed to the satisfaction of the Public Works Department. • The bid price was $341,364.00 Amount of unit price items constructed 397,531.23 Amount of change orders 6,966.37 Total contract cost $404,497.60 Due the low bid being 16% lower than the Engineer's Estimate at the time of award, the staff was authorized to extend the project to utilize the appropriated funds. The increase in the amount of the unit price items constructed was a result of the project extension. One Change Order was issued in the amount of $6,966.37. It provided for block -outs at the light standards and removal and disposal of abandoned facilities. Funds for the project were budgeted in the General Fund, Account No. 02- 7697 -458. The contractor is Heritage Construction Company of Rowland Heights. • The contract date of completion was June 8, 1990. Due to the increase in the amount of walk replaced, the work was not substantially completed until June 15, 1990. All work, including clean -up, was completed on July 13, 1990. Benjamin B. Nolan Public Works Director PD: so Stop Notice � NOTICE TO City of Newport Beach (Name of JWlie Body a Lender) 3300 Newport Blvd.,Ne_wport Beach CA 92659 (Addnr: l (If Public Job — file with office of controller, auditor, or other public disbursing officer whose duty it is to make payments under provisions of the contract.) (If Private Job — file with responsible officer or person at office or branch of construction lender administering the construction funds.) Prime Contractor.. Heritage Const. Co. Sub Contractor (If Any) Owner or Public Body: City of Newport Beach Improvement known as Oceanfront sidewalk – E St lWame and aWr dres of uruirci or iWWk ut`r in the City of Newport Beach County of Orange State of California. Fountain Valley Transit Mix corporation ltlairnamJ tCapurouan /YonnerrhipjSulr Praprirro»Aipl furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, erita equipment or materials is Hge Const. Co. (Name of SubcorrrroclurlCa iravru,l Owner- Builder) The kind of labor, service, equipment or materials furnished or agreed to be furnished by claimant was READY MIX CONCRETE I (describe M deral/ Total value of labor, service, equipment or materials agreed to be furnished .............S Total value of labor, service, equipment or materials actually furnished is ....... ........ S Credit formaterialaraturned,ifany ................. .............................5• .Amount paid on amount, if any ..................... ............'.................S Amount due after deducting all just credits and offsets ............................... S _ 2 0 , 3 31.1.1 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of S 20, 331 t 1 pn ri.icd in Sections 3156 through 3214 of the Civil Code, and in addition therato sums sufficient to cover interest, court costs _ +r.'. rnt:::Irabte cucts of litigation, as provided by law. A bond I5 NOT attached. (Bond required on privatc jobs— not on public jobs.) (Is/tr nor) Data September 26 199 NamcofCla' FO INTATN V L EY TRANSIT MIX ' me) 3 By Nk eb to ov S. (_��REDIIT bANZER ARE (O/Acid capacity) tz r 13 t•3E3iJCQ C' VERIFICATION 1, the undersigned, state: I am the AGENT OF AJ CHFOI T PIANAGEH (' agenr o/". "president ,r" "a partner ar' "owner of'. eta) the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and 1 certify that the same is true of my own knowledge. 1 certify (or declare) under penalty of perjury under the laws of the State of California that thi foregoing is true and correct Exx'utcdon September 26 19 90 a ;, ;:_n y'. -i_i V CA California. r RECORDING REQUESTED BY: Hitchcock, Bowman, Schachter & Beverly I WHEN RECORDED MAIL TO: Hitchcock, Bowman, Schachter & Beverly ; 21515 Hawthorne Boulevard, Suite 1030 Torrance, California 90503 c +0 l0 P.' i 3¢O a (Space above this line for recorder's use RECEIVED STOP NOTICE OF TO: CITY OF NEWPORT BEACH DEPARTMENT OF PUBLIC WORKS RE: Project: Newport Beach - Balboa Boulevard and "E" Street oate NAME OF CLAIMANT: Double 'P' Concrete Pumping C4MSWT* 18601 South Main Street, Bldg. 4 0 Mayo p Gardena, California 90248 CONTRACTING PARTY: Heritage Corporation \H Alto P. 0. Box 8370 O Rowland Heights, California 91748 p GeagervDir. OP3&RDir. ORIGINAL 0 Mann(iq Dk CONTRACTOR: Heritage Corporation a Pouct CW �,e.,f/pm, J* X1:1 0the �� AMOUNT CLAIMED: $2,648.75 17, NOTICE IS HEREBY GIVEN that the above named claimant hereby presents a verified Statement of Claim and Stop Notice under and by virtue of the provisions of California Civil Code Sections 3181, et sequence, and a contract between City of Newport Beach and /or Department of Public Works for Newport Beach and Heritage Construction for the construction of improvements of the walkway area on Balboa Island between the Balboa Pier and McFadden Place. Said work and services performed was concrete pumping as performed by claimant. Work and services were performed during the period of April, 1990. The contract by the claimant was with the contractor, Heritage Construction. Claimant Double 'P' Concrete Pumping has furnished r t r s i • F- L-1 the construction job at the above mentioned site. The amount and value of the whole agreed to be done or furnished by claimant was $2,648.75. Claimant has not been paid and there remains due and owing and unpaid the full amount specified herein, plus interest at the rate of 10% per annum from May 1, 1990. DATED: - F41151, DOUBLE 'P' CONCRETE PUMPING By: HITCHCOCK, BOWMAN, SCHACHTER, & BEVERLY 21515 Hawthorne Boulevard Suite 1030 Torrance, California 90503 By: / -- t.�c Robert Schachter CAT. NO. NNO0627 TO 1944 CA (1-83) TICOR TITLE INSURANCE (Individual) STATE OF CALIFORNIA COUNTY OF LOS ANGELES } SS. On Semeaber 28, 1990 before me, the undersigned, a Notary Public in and for said State, personally appeared RnRFRT SCRAG= personally known to me or proved to me on the basis of satisfactory evidence to be the person_ whose name i n subscribed to the within instrument and acknowledged that he exe- cuted the same. WITNESS my hand and official seal. (This area for official notarial seal) NOTICE TO Stop Notice CALIFORNIA CIVIL CODE SECTION 3103 CITY OF NEWPORT BEACH 3300 NEWPORT BLVD nr RECEIVED=``, AN 13 1490 ; �_eRrtalt (If Private Job — file with responsible officer or person at office or branch of construction lender administering the construction funds or with the owner — CIVIL CODE SECTIONS 3156 - 3175) (If Public Job — file with office of controller, auditor, or other public disbursing officer whose duty it is to make payments under provisions of the contract — CIVIL CODE SECTIONS 3179 - 3214) Prime Contractor: HERITAGE CONSTRUCTION COMP Sub Contractor (If Any) Owner or Public Body: CITY OF NEWPORT BEACH Improvement known as nran RnnTm gl y[nr u F CTRFFT s 23rd Cal BALBOA CONTRACT #2792 (Name and address o/ project or work o/ improoernent) NEWPORT REACH. CA in the City of NEWPORT BEACH County of ORANGE State of California. PENHALL COMPANY Claimant, a CORPORATION (Clairrwnt) (Corporation /Partnership /Sole Proprietorship) furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment, or materials is CONSTRUCTION COMPANY The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was LABOR, CORE DRILL, FLATSAW, HANDSAW AND HY –RAM (Describe in detail) . Total value of labor, service, equipment, or materials agreed-to be furnished ....... $ 6-9-;223.02 Total value of labor, service, equipment, or materials actually furnished is .......... $ 69.223_Q2 Credit for materials returned, if an ....................... $ –0– Amount paid on account, if any .................. ............................... $ 46, 106.93 Amount due after deducting all just credits and offsets ............................ $ 23,116.09 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of $ 23,106.93 and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A bond (CIVIL CODE SECTION 3083) (blis not) attached. (Bond required with Stop Notice served on construction lender on private jobs — bond not required on public jobs or on Stop Notice served on owner on private jobs). `vv Name of Claimant irm me) n"it By t y� aaaa.....���� ((�� �\� (Signrnure) cls� g at MANAGER A ���3 (official Capacity) ••,2 a . Q. VERIFICATION �a t��0�0� AGENT OF I, the undersigned, state: I am the ( "Agent of ", "President o{ ", "A Partner o/" "O¢nr, of ", ere.) the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on AUGUST 9 , 19 90 1 RV State of CALIFORNIA _ (Signature of lair nt or uthorized Agent) BICA FORM 41REV. 2/871 - I P2 c1L 17 '90 13:12 PENHR#R�'INE #19 714 -551 -0439 Stop Notice,\\ fNOTICE \7 CALIFORNIA CIVIL CODE SECTION 3103 �ECErvEo TO a (Nomeu CorWrucHun er, Body or Otener) .. (Address) (If Private Job --- file with responsible officer or person at office or branch of construction lender administering the construction funds or with the owner — CIVIL CODE SECTIONS 3156 - 3175) (If Public Job — file with office of controller, auditor, or other public disbursing officer whose duty it is to make payments under provisions of the contract — CIVIL CODE SECTIONS 3179 - 3214) Prime Contractor: ARRTTAr1R C^*rQ'CRUCT20N COl1IPANY Sub Contractor (If Any) Owner or Public Body: ^TT-ll_OR rlZr OORT BRACH Improvement known as #2792 ( ame or a sea o project or vark of imptouement) NEWPORT REACH CA in the City of NEWPORT BEACH County of ORANGE— State of California. PENHAT.T. COMPANY , Claimant, a CORPORATION (Claimant) (CorpowtionlPartnership /Sole Proprietorship) furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment, or materials is nugAbly (Name of Subcontractor /Contractor /Owter-B ' ) 11244 pipeline aye ontarin ra 91766 The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was (Describe in detail) . Total value of labor, service, equipment, or materials agreed to be furnished ....... $ fig, 223 02 Total value of labor, service, equipment, or materials actually furnished is .......... $ 69, 223.02 Credit for materials returned, if an - - Amount paid on account, if any .................. ............................... $ 12 Amount due after deducting all just credits and offsets ............................ $ 56,19? =5fi YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of $ 96.391 - 5O� and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A bond (CIVIL CODE SECTION 3083) Tc ^T attached. (Bond required with Stop (ir /v nat) Notice served on construction lender on private jobs — bond not required on public jobs or on Stop Notice served on owner on private jobs). Date 7-16 -90 O , Max f4 W via c MW §:01 .0 202 � 0 X " Name of G3aimant0MPANY s��Flrrry� lame) .ty ($(Rautura) 3: S MANA[679 (Officiot capacity) VEfIIFICATION L the undersigned, state: I am the AGENT OF ( "Agent of ", "President of ", "A Partner of", °Oumer of" sic.) the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 7- 16--QO 19 90 at _ -nnnan State of CALIFORNIA (Signaturs of CkIAW4 ar XOSOAU d tat) MCA FORM 4 (REV. 2/07) Stop Notice CALIFORNIA CIVIL CODE SECTION 3103 NOTICE TO (Name v ConstnreHon Per, u Body or Owner) 3300 NEWPORT RT.yn NRWPnRT RRACH CA (Address) (If Private Job — file with responsible officer or person at office or branch of construction lender administering the construction funds or with the owner — CIVIL CODE SECTIONS 3156 - 3175) (If Public Job — file with office of controller, auditor, or other public disbursing officer whose duty it is to make payments under provisions of the contract — CIVIL CODE SECTIONS 3179 - 3214) Prime Contractor: HERITAGE CONSTRUCTION COMPANY Sub Contractor (If Any) Owner or Public Body: CTTY OF NE>iipO RX HIll Improvement known as #2792 (Name and od ress of proiect or work of improvement) NEWPORT BEACH CA in the City of NEWPORT BEACH County of ORANGE State of California. PENHAT,T. COMPANY , Claimant, a CORPORATION (Claimant) (Corporation /Partnership /Sole Proprietorship) furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment, or materials is AERTTArR 9"1N RIICTION COMPANY (Name of Subcontmctor /Contractor /Owner - Builder) 11244 pipeline aye Ontario ca 91766 The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was n (Describe in detail) Total value of labor, service, equipment, or materials agreed to be furnished ....... $ 69.273 02 Total value of labor, service, equipment, or materials actually furnished is .......... $ 69, 223.02 Credit for materials returned, if any .............. ............................... $ –0– Amount paid on account, if any .................. ............................... $ 12,829.46 Amount due after deducting all just credits and offsets ............................ $ 56 , 343 - 56 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of $ 56, 343 - 56 and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A bond (CIVIL CODE SECTION 3083) TS NOT attached. (Bond required with Stop (is /is not) Notice served on construction lender on private jobs — bond not required on public jobs or on Stop Notice served on owner on private jobs). Date 7 -16 -90 Name of Claimant ENHALL COMPANY (Fi m ame) By�/- .ri ilr (Signature) VERIFICATION MANAGER (Official Capacity) I, the undersigned, state: I am the AGENT OF ( "Agent of ", "President of ", "A Partner of, "Owner of ", etc.) the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 7-16-90 '19 90 at A , 2 State of CALIFORNIA (Signature of Claimant or AAcolvocif no BICA FORM 4 (REV. 2/87) 9 0 Release of Stop Notice R r RECEIVED '� tt TO: CITY OF NEWPORT BEACH Construction Lender (or party with whom Stop Notice was filed) 3300 NEWPORT BLVD NEWPORT BEACH CA (Address) You are hereby notified that the undersigned claimant releases that certain Stop Notice dated 7 -16 -90 , in the amount of $ 56,393.56 against CITY OF NEWPORT BEACH as owner or public body and HERITAGE CONSTRUCTION as prime contractor in connection with the work of improvement known as OCEAN FRONT SIDEWALK ST & 33rd @ BALBOA CONTRACT# 2792 NEWPORT BEACH CA in the City of NEWPORT BEACH , County of ORANGE , State of California. Date 7 -26 -90 f 7 Name of Claimant PENHALL COMPANY (Firm N , e) 1116 L211t, Q (Signature) MANAGER (Official Capacity) VERIFICATION I, the undersigned, state: I am the MANAGER OF ( "Agent of "President of" "A Partner of" "Owner of ", etc.) the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on JULY 26 19 90 at 12:OOpm State of CALIFORNIA (Si re 61 Claimant or Authorized Agent) Date S'8' a; CRIES S8( M b"�Aayor a ounciinten :t .; Manager ,,H'Att orlby U G,�itSery Dir. 13 P3 3RW. 'r ❑ RaWna Dit ;. 81CA FORM 5 (REV. 2/87) �'� .: R a ... ... ,,.ti �� +` i. ''.,i ".. ... ?L:�� . .F.. . _} TO RELEASE OF STOP NOTICE CITY OF NEWPORT BEACH DEPARTMENT OF PUBLIC WORKS 613 RE: Project: Newport Beach - Balboa Boulevard and "E" Street NAME OF CLAIMANT: Double 'P' Concrete Pumping 18601 South Main Street Building 4 Gardena, California 90248 0 C T 2 2 1990 CONTRACTING PARTY: Heritage Corporation P. 0. Box 8370 Rowland Heights, California 5143 ORIGINAL CONTRACTOR: Heritage Corporation RECEIVED CITY CLERK NEWPORT BEACH AMOUNT CLAIMED: $2,648.75 Claimant Double 'P' Concrete Pumping herein releases its claim under stop notice served upon City of Newport Beach, Department of Public Works on or about September 28, 1990. This Release of Stop Notice shall be a release of any and all claim of Double 'P' on the construction job referred to hereinabove. Executed on this A Aday of October, 1990 at Torrance, California. L EITT& [: ;isi!mT;n jo . ney Cr. f_1��- uf?Gir. Dir Chief F.4:. Sir C'Giher7Gev"eiia�i�q q4-"L DOUBLE 'P' CONCRETE PUMPING By: HITCHCOCK, BOWMAN, SCHACHTER & BEVERLY By: /wiz zrrl, Robert Tachter loo M CAT. NO. NNOW27 TO 1946 CA (9 -84) TICOR TITLE INSURANCE (Individual) STATE OF CALIFORNI/ 'l COUNTY OF ' &Xa FM+ (�o�a } SS. On n —� �� befor said State, personally appeared '-L1G s Y personally known to me or tproved to me on the basis of satisfactory evidence to be the person whose name subs ribed to the within instrument and acknowledged that tz exe- cuted the same. WITNESS my hand and official seal. Signature the undersigned, a Notary Public in and for �L_� OFFICIAL SEAL Douglas Butler Notwv P&AW4d Was Fo y ftwd N Office In i Los AnpabaC My My Comm. Eao. Nw. ZZ 1993 uunnumm�umanununnnunx nnaawmmmo..... nay. (This area for official ootaAal seal) RELEASE OF STOP NOTICE TO: CITY OF NEWPORT BEACH DEPARTMENT OF PUBLIC WORKS RE: Project: Newport Beach - Balboa Boulevard and RECEIVED "E" Street OCT 19 1990 CITY CLERK NAME OF CLAIMANT: Double ' P' Concrete Pumping NEWP RICBEACH 18601 South Main Street Building 4 Gardena, California 90248 Date CONTRACTING PARTY: Heritage Corporation CONES MM P. O. Box 8370 ❑.Mayor Rowland Heights, California 9148 C1CounCflMMen Q Manager ORIGINAL .@'Aitomey CONTRACTOR: Heritage Corporation ❑B".Dir. ❑ GenSery Dir, O P$ b R Dir. ❑ Plan Dir AMOUNT CLAIMED: $2,648.75 O P011Ce�ll: SPA Dir d3"Other / �l2�hii.'rrc Claimant Double 'P' Concrete Pumping herein releases its claim under stop notice served upon City of Newport Beach, Department of Public Works on or about September 28, 1990. This Release of Stop Notice shall be a release of any and all claim of Double 'P' on the construction job referred to hereinabove. Executed on this A Aday of October, 1990 at Torrance, California. A DOUBLE 'P' CONCRETE PUMPING By: HITCHCOCK, BOWMAN, SCHACHTER & BEVERLY By' Robert ert chachter 0 6 IVREc I 4 q f1 t� Y J L f • CAT. NO. NNO0627 TO 1944 CA (9 -a4) Wjj TICOR TITLE INSURANCE (Individual) STATE OF CALIFORNI COUNTY OF SS. } On C-) 1� % t ot bgQfore me, the undersigned, a Notary Public in and for said State, personally appeared hdr ioN 2 � personally known to me or proved to me on the basis of satisfactory evidence to be the person_ whose name subsFribed to the within instrument and acknowledged that .�. exe- cuted the same. WITNESS my hand and official seal. _ice ,_1 1 �. � 0M ISM SM LM "* Offlo in LM My Comm. Exp Ilov. 22.IM IIIIIIXNIIIMIIWXNX11NN1111NININI {INIWNYN (This area for oWkial wnuial xM) March 12, 1990 CITY OF NEWPORT BEACH CITY COUNCIL AGENDA • ITEM NO. F -3(C) "R 1 2 1990 I TO: City Council �APPROVED FROM: Public Works Department SUBJECT: PHASE II& III, OCEAN FRONT SIDEWALK REPAIR (C -2792) RECOMMENDATION: 1. Award Contract No. 2792 to Heritage Construction Co. for $341,364.00 and authorize the Mayor and the City Clerk to execute the Contract. 2. Authorize staff to negotiate a contract change order to utilize available project funding. DISCUSSION: • At 11:00 A.M. on February 28, 1990, the City Clerk opened and read the following bids for the project: Bidders Amount Bid Low Heritage Construction Co.,Rowland Heights $341,364.00 2nd Nobest Inc., Westminster $345,538.50 3rd F.A.V. Engineering, Huntington Beach $381,275.00 4th Damon Construction Co., Gardena $385,930.00 5th Hines Construction , Laguna Niguel $403,523.00 6th Lenk /Martin, Costa Mesa $417,413.80 7th O'Keefe Engineering, Cypress $435,032.50 8th Markel Cement Contracting Co., Costa Mesa $436,507.00 9th Excel Paving, Long Beach $459,453.00 10th E.G.N. Construction, Pomona $466,124.50 The low bid is 16% below the Engineer's estimate of $405,000.00. The disparity between estimate and bid amounts is attributed to competitive bidding among contractors. The low •for the City appears that projects for the Orange Ci bidder, Heritage Construction Co., has not done work in the past. Upon checking of their references, it they have successfully completed several similar various agencies such as the City of Paramount and Runty E.M.A.. Subject: Phase I •III, Ocean Front Sidewalk pair (C -2792) March 12, 1990 Page 2 In general, the project involves the reconstruction of • existing sidewalk to eliminate existing cracks, vertical displacement, and rough asphalt patches at various locations. The first phase was completed in June 1988 at a cost of $181,000. The second phase was scheduled to be constructed by June 1989; however, the contract was rescinded by City Council due to the contractor's failure to enter into a contract with the City. The proposed final project includes the Phase II & Phase III projects. Also included in this project is the reconstruction of street ends adjacent to the Ocean Front sidewalk at 7th Street, 9th Street, 15th Street, 15th /16th Alley, 16th Street, 17th Street, 18th Street, and 19th Street. See the attached sketch for the limits of the Phase II & III project. Funding for the project is available in the current Capital Projects accounts, Ocean Front Sidewalk Repair Acct. No. 02 -3397- 496 for $360,000, and Ocean Front Street End Repair Acct. No. 02- 7697 -458 for $85,000. In order to utilize the available funding of $445,000, City staff recommends that a contract change order be used to increase the amount of sidewalk replacement in this contract. This action will insure that all the needed sidewalk replacement be completed in this final phase. :7 • The plans and specifications for the Phase II & III project were prepared by the City staff. The anticipated completion date for this project is June 8, 1990. �-, Benjamin B. Public Works SB:so Nolan Director wgTe A 0 • 36 TH. ST. 10.00 _30 TH. ST. STA. 23.88 25 TH. ST. STk 34.90 si. 2? SAN CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT SIDEWALK REPAIR PHASE 11 AND 111 y�. 1r yam. b �O *RN b � 9`Y � yqp. • 04 January 22, 1990 CITY COUNCIL AGENDA ITEM NAP. F -13 TO: CITY COUNCIL ,[AN 2 2 /`/P FROM: Public Works Department 01- ` SUBJECT: PHASE II& III, OCEAN FRONT SIDEWALK REPAIR CONTRACT NO. 2792 RECOMMENDATION: 1. Approve the plans and specifications for the subject project. 2. Authorize the City Clerk to advertise for b"s -to- DISCUSSION: • On April 13, 1987, the City Council voted on and passed a motion to accept and file the Ocean Front Boardwalk Improvement Feasibility Study, dated August,1986, without further action, except for rehabilitation of the existing walk. The City Manager directed staff to inventory existing conditions in the subject area and prepare a plan to repair these conditions which would be brought back to Council for final approval. The survey of the existing ocean front sidewalk (15,000 lineal feet) has inventoried extensive cracking. Simple crack repair was not practical and City staff recommended that sidewalk replacement be accomplished in a three phase program. In general, the program involves the reconstruction of existing sidewalk to eliminate existing cracks, vertical displacement, and rough asphalt patches at various locations. The first phase was completed in June 1988 at a cost of $181,000. The second phase was scheduled to be constructed by June 1989; however, the contract was rescinded by City Council due to the contractor's failure to enter into a contract with the City. The proposed final project includes the Phase II and Phase III projects. Also • included in this project is the reconstruction of street ends adjacent to the Ocean Front sidewalk at 7th Street, 9th Street, 15th Street, 15th /16th Alley, 16th Street, 17th Street, 18th Street, and 19th Street. See the attached sketch for the limits of the Phase II & III project. 0 Subject: Phase I & III, Ocean Front Sidewalk Repair (C -2792) January 22, 1990 Page 2 The estimated cost of this combined project is $445,000. Funding for the project is available in the current Capital Projects accounts: Ocean Front Sidewalk Repair (02- 3397 -496) and Ocean Front Street End Repair (02- 7697 -458). The project is not subject to Coastal Commission review and has been deemed categorically exempt from the E.I.R. processes by City staff. The plans and specifications for the Phase II & III project were prepared by the Public Works Department. Copies of the plans are available for review at the Public Works Department. If acceptable bids are received, a contract can be awarded on March 12, 1990, with an anticipated completion date by May 31, 1990. Benjamin B. Nolan Public Works Director SB:so • NyTe R _36 TM. ST. STA. 10.00 _30 THL ST. STA. 23.88 23 TI4 ST. STA. 34.90 S (N 5 20 A9. \ CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT OCEAN FRONT SIDEWALK REPAIR PHASE, It AND III 41T L] Authorlted to Pubish Advertisements of aI kinds including public notices by osace of the Superior Court of Orange County. caWook Number AV14, PoPei lbet 296 1961, *W A -24831 June 11. 1867. STATE OF CALIFORNIA County of Orange I am a Citizen of the United States and a resident of the CoOnty aforesaid; I am over the age of eighteen years, and not a party to or interested In the below entitled matter. I am a principal clerk of the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published In the City of Costa Mesa, County of Orange, State of Caifamla, and that attached Notice is a true and complete copy as was printed and published In the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, Indne, the South Coast communities and Laguna Beach Issues of said newspaper to wit the Issue(s) of: January 25, 31, 1990 N I declare. under penalty of perjury, that the foregoing is true and Correct. Executedon J4nuaEy4 3L r19g_Q„ at Costa Mesa. California. Signature 0 PROOF OF PUBLICATION 3a o Authoti:od to Publish Advertisements of all kinds Including public notices by oecrae of the Superior Court of Orange County, Cardomla, Nomber'A-S214, September 29, 1961, turd A -24831 Juns 11, 1983. STAl -E OF CALIFORNIA County of Orange I am a Citizen of the United States and a resident of the County aloresaid; l am over the age of eighteen years, and not a party to or interested In the below entitled matter. I am a principal clerk of the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of Californla, and that attached Notice Is it true and rwmpletli copy as was printed and published In the Costa Mesa, Newport Beach, Huntington Reach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach Issues of said newspaper to wit the issue(s) of: January 25, 31, 1990 N I declare, under penalty of perjury, that the foregoing Is true and correct Executedon Jan-uar4 .31 at Costa Mesa, California. Signature NOTICE INVITING BIDS Sealed bids may be re- ived at the office of the ty Clerk, 3300 Newport mlevard, P. O: Box. 1768, awport Beach; CA '.658 -8915 until 11:00 a.m. the 28th day of February, 190, at which time such Js shall be opened and ad for Title of Project: Phase II & Ocean Front Sidewalk -Re- Contract No.: 2792 Engineer's Estimate:: $405,000 - t I Approved by the Cityl Council this 22nd day of January, 1990.' WANDA E. BAGGIO, City Clerk Prospective bidders may' obtain one set of bid docu- menis at no cost at the office of the Public Works Depart -I ment, 330.0 Newport Boulevard, P. 0. Box 1768,1 Newport Beach, CA: 92658 -1768. For further information, call Steve Badur,, Project' Manager at 644 -3311. Published Orange Coast Daily Pilot January '25, 31,- 1990 ThW148i PROOF OF PUBLICATION 3 o