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C-2929 - 37th, 38th, 39th, 40th and 41st Street End Construction
02/22/2002 13:23 February 22, 2002 8425154 0 SUPERINTENDENT OF STREETS AND PUBLIC WORKS DIRECTOR CITY OF NEWPORT BEACH, CA. Attention; MARY Gentlemen: SEA WIND ESCROW 0 17111 Beach Boulevard, Suite 100, Humington Beach, CA 92647 (714) 848 -9000 (800) 621 -3377 FAX (714) 842 -5154 An escrow has been opened with this company under the above number by:. JOANN FRANCES CLARKE, A WIDOW concerning property described as: LOTS 7 AND 8 IN BLOCK 2 OF SEASHORE COLONY TRACT ALSO KNOWN AS: 211 62ND STREET, NEWPORT BEACH, CA. 92663 In connection with which we understand you recorded a Notice of Lien on April 28, 1994, which lien filed as Document No. 9400293487 in the County of orange, State of California. We have been requested to secure a Satisfaction of Lien from your office aG the lien was previously paid in full according to the information from the homeowner. We would appreciate it is you would research the records, prepare a Release (if applicable) or advise us as to the requirements to secure same. A ropy of the Notice of Lien follows; it is difficult to read; if you need a more legible copy, we will obtain same for you. Thank you for your assistance. Very ly Yours, SEA W ROW CO., INC. PRESIDENT PAGE 01/04 SEA WIND ESCROW PAGE 02/04 02/22/2002 13:23 8425154 • 0 001 o2 /2p /p2 09:28 FA%. 714835A0* FATCO TITLE UM.Y94- 029A97 1 2`R- APR -1914 20137 AJI ASCOap31113 Rmussorm Am ""M aRCORUND snvew Vol 1"66 iWON19111 w" d !rtes taw'r. Gitkralr City Clack W A. tract, trt1Y rrear CU y of Nawpart Meah her ! of 1 room' 1 1." Met when unit 1749 Icy t add Navmrr Paaeh, California H41110.01d p400 •boys this line tot I-coraor -5 lea only, ,creates er M mrenant to authority weetsd in ar by the raprovamsanA Ant ear tall, 1, the duly appointed Suporlateadanc at atrests of the City of Newport mooch. Callydrnib Gassed 63nd Street, between Pacific Coast Nlehway and M it shared briw, to be i1wravM usinq the pTOPMhIra of Chicp. A7 of the lsvmvMMnt Swot of 1aLL, The C14y regular of eeid C tY of City Connell elaah, d OR February did, at e L� rapider we xof the City Coaling ante en ro CM Of 14, , 4a 0 oea of s to heae3ny m the B1p'yICR p COST, seders a portion of the total ocat of the iipri. PC upon the follnrinq parral of real ptnpartyr Leta 7 r 4, slink 2, Aeaabero eelwy Tract, As per Pop recorded in aaak 7. Pays 15 of Miaoellsnoua "ape. records of erangs county, Calleataia, tolethar with Chat parties Of the southeast halt of the alloy, 10.00 tree ride, odieinittd Mid late 7 and a ad Clio northwast, as amid Allay sae Aaandonad by Resolution No. 6 %31 of the city Couadll of the CLty of ►owpprt Mach, A Nrtitied Cape of which was secardw JAauary 3! 1162 1A yOak 5171, pays 416 Of attielal hatotea of said aea600 Canty, said ppp0rKtiea Mina Wu~ nerenaaaterty by the Aarthwaeterly Protee�t�■ ties at the eertMASeeriy line of amid goo 1 am baundad owthwasterly by the northwesterly prelanOatlen of the eouekweStorly llao of Said lot 7. The parcel of real property $8 aloe 1thown an 211 r 313 63rd {twat, Nawpart south, C`alitatnia 02443, County Aereanor'a Portal No, 045111 -17 A It /) OwxaT la C. Reeet C1Ketire C. Clarks l.V/ll 1070 Corona Lane Casts "Rome California, 22636 The total semtnt aasassed against amid parcel or teal property is 61,101.40, t The City of Ilewpore mamoh doom beraby claims a lien on me sowo drmeribed parcel of real property in the aedntt of one thousand tight hcadrad ninety one dollars and XlXty cents 111,891.60) until amid ace, togetker with Interest ac the rail 01 sin percent 14) per imnsaw ctaeoesiting Horeb 37. 1791, boa been pall in lull and diacher"d at tacoed. oAM this II Vy dry ce 4&-11 199k. superintendent at streets and Public Worm Piaertor City of "art Beach. California �F�a y e order: STEVE M yescrip�tt: 2594.2934&7 Page Z of 3 CootoAPSlt l L1 02/22/2002 13:23 8425154 09:28 FAX 71483540 .f Imlkw" r mmme cm lnd� pL_- - SEA UIND ESCROW PATCO TITLE . U TW . ...uf tM 11■p f+) ■ •r■ its" r:. �4nes reN■ r ■uriMrlr ■A le■e ■r• •• IRA ►Meru■•66 Me PuT+ont•► or %VA .ntfejr "" h Mn•if O �nt� tM p■rMU� ■■lr0, u■••r ■A MO 1n■eru*•ne. WITKNAS yr+lumt AM off "1 09411 '7 y TJFIIIi Th�Yh1 ��r • iy dr Ordar: STEVE X Dmccript:l=., 2994.293687 Pago 3 of 3 CCM=raat: PAGE 03/04 LZUUJ lc� 02/22/2002 13:23 8425154 02/20/02 09:28 Ffil 7148354010 OLxymx.l i 0.21 or come h SEA WIND ESCROW FATCO TITLE • rA �, SI•I u•!et• ee, the wnearwie•ed, • =st�1 N o n N er aMe wta�eo, peeeesally •pgaaz.d e.»Se�n , k= to Sato M the •up"Uteed•et of wtiMt• •ad week• Aixooter of the City Of MMMPeit swch, C4118araia, whom Rome to WAwtzi!•d to tkft ie•trGMQ It mld atknealadW to r that Ae asmucad tha ••wl•, a��ry zfia w•u i e [� ez lea —Ei 3 of p,,aar: STL,= P Descr:ipt;! : 2994.293487 Page 2 OP 3 Camp'emt: PAGE 54/44 yy��Zt JU Ej Oar G70w¢O N cn, Qvwyz —' - cn LW o °�zW �c_¢ff a U W m Z W d Z 0 O c.� U d OxO OCw7 w ¢CD4 Z Q--Z... CD C'i can WT =E C4 '¢y N0 �1--- �cny¢Ck=y= ¢N FLU =C7 C,,3 i U I-- > �Z¢QO � = O = 0 0 4Uy j y��yy ONU?N �p�G U U<6WoQ W W< W Q M Mw , W M<W 8° 3 W � >>O1 00 a(* 6 ;¢W ppWpo �Wiadd. 14 1331/1S • O*4 �O n s 1334b1S H1 09. m kz o w b y Z 44 V v 3 Q i 0 � J 2 0' e O N y b M1 .oF ~ 9 V Sq l Q C _ °.� wt W Q O*4 �O n s 1334b1S H1 09. m kz o w m y Z 44 V v 3 Q i o w m y Z 44 V v 3 Q i Q � h m 2 0' e O U b M1 .oF 9 Al O vJ m 1S /9. Q ti O R i I- \xQ V m .os e mf V y Z W v 3 Q i Q � 2 e O U M1 .oF •Q' Sq Q ti O R i I- \xQ V m .os e i lot . O .0 N LW N a c5 vL' Qua �Wo � 4 � O Oh d' � O O ..0, mf V y Z W v 3 Q i O 2 .ry M1 .oF •Q' Sq Y` i lot . O .0 N LW N a c5 vL' Qua �Wo � 4 � O Oh d' � O O ..0, mf V y Z W v 3 Q i O 2 .ry •Q' m C _ °.� wt W 0 Q N O r W � - Z � .oc a �331I1S �� 103dSOd/d `: i lot . O .0 N LW N a c5 vL' Qua �Wo � 4 � O Oh d' � O O ..0, O `�V N 2 Q O J LU y 1 f^ f Oc mf V y Z W v 3 Q i O 2 O `�V N 2 Q O J LU y 1 f^ f Oc 6ZI1G 12d7z 16:23 February 22, 2002 6425154 SEA WIND ESCROW • • c lL 70i" d 4 CXow Pas? 34fe e 17111 Beuh Boulevard, Suite 100. Huntington Beach, CA 92647 (714) 848 -9000 (800) 821.3377 FAX (7141842 -5154 SUPEP.INTENDENT OF STREETS A2.'D PUBLIC WORKS DIRECTOR CITY OF NEWPORT BEACH, CA. Attention; MARY Gentlemen: PAGE 01/04 An escrow has been opened with this company under the above number by:. JOA2dN FRANCES CLARKS, A WIDOW C(AQPIJCE C. CLAQre p fz;�taL Lie,) concerning property described as:, L40 LOTS 7 AND 8 IN BLOCK 2 OF SEASHORE COLONY TRACT ALSO KNOWN AS: 211 62ND STREET, NEWPORT BEACH, CA. 92663 in connection with which we-understand you recorded a Notice of Lien on April 28, 1994, which lien filed as Document No. 9400293487 in the County of Orange, State of California. we have been requested to secure a Satisfaction of Lien from your office az the lien was previously paid in full according to the information from she homeowner. We would appreciate it is you would research the records, prepare a Release (if applicable) or advise us as to the requirements to secure same. A copy of the Notice of Lien follows; it is difficult to read; if you need a more legible copy, we will obtain same for you. ?hank you for your assistance. V_ry ly Yours, SEA, W ROW CO., INC. PRESIDENT 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA 92659 -1768 Attn: Public Works Dept. 0 Space above this line for Recorder's use only. RELEASE OF LIEN Pursuant to authority vested in me by the Improvement Act of 1911, the duly appointed Superintendent of Streets of the City of Newport Beach, California, caused a NOTICE OF LIEN to be recorded on April 28, 1994 as Document No. 94- 0293483 of Official Records in the Office of the County Recorder of Orange County, California. The City Council of the City of Newport Beach, California, did, at a regular meeting of the City Council held on February 14, 1994, after the close of a public hearing on the NOTICE OF COST and the Report of the Superintendent of Streets, the City Council confirmed the assessments and assessed a portion of the total cost for sidewalk construction upon the following parcel of real property: The north -east one -half of Lot 3, Lots 4, 5 and 6 in Block 3, Seashore Colony Tract as per map filed in Book 7, Page 25 of Miscellaneous Maps, in the Office of the County Recorder of said County. The parcel of real property is commonly known as 6302 W. Coast Highway, Newport Beach, California 92663. The County Assessor's Parcel Number for said parcel is 045- 084 -09. The current owner of record of said parcel is Duane Wengler and the amount assessed against said parcel was $ 1,133.40 plus interest makes the total amount $1,546.83. The owner of the above described parcel of real property has paid in full and discharged said lien. I hereby release said lien. DATED this day of , 1999. Donald L. Webb Superintendent of Streets and Public Works Director City of Newport Beach, California July 28, 1999 C*YOF NEWPORT *EACH PUBLIC WORKS DEPARTMENT 3300 NEWPORT BLVD. P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3311 Lodes Capital Escrow, Inc. 505 N. Tustin Ave., Suite 210 Santa Ana, CA 92705 Attention: Karen Lodes Subject: 6302 W. Coast Hwy. — Release of Lien Escrow No. 10344 -KL The enclosed subject document has been signed by the Public Works Director and can be sent to the Orange County Recorder's office for recordation. If you have any questions or need any additional information feel free to call me at (949) 644 -3323. Very �truly �yours, Paul M. Medina GIS Analyst Subdivisions July 16, 1999 CITY OF NEWPORT TEACH ADMINISTRATIVE SERVICES 3300 NEWPORT BLVD. P.O. BOX 1?68, NEWPORT BEACH, C\ 92658 -8915 (949)644 -3121 Duane A. Wengler 6302 W. Coast Highway Newport Beach, CA 92663 RE: Sidewalk Improvements at 6302 W. Coast Highway, Newport Beach, CA Assessor's Parcel No. 045 - 084 -09 Dear Mr. Wengler: Per your request, I have included a pay -off calculation on the sidewalk improvement assessment placed on the referent property address. Principal and interest compounded annually at 6% per annum on the principal assessment of $1,133.40 amounts to $1,546.83 through July 16,1999. A payment of $1,546.83 by July 23, 1999 will be considered a payment in full if received by July 23,1999. Upon receipt of payment, the City will forward a release of lien on this property to the County of Orange. Please make checks payable to the City of Newport Beach. Since this matter requires special handling, please send the payment attention to Cecilia Mercado, Fiscal Specialist of the Cashiering Office. If you need additional information please contact me at (949) 644.3126 or Cecilia Mercado at (949) 644 -3242. Sincerel, 6a'nMat'usiewicz Accounting Manager Cc: Karen Loads, Lodes Capital Escrow Shauna Oyler, City of Newport Beach — Public Works Janine Williamson, City of Newport Beach — Revenue Division Cecilia Mercado, City of Newport Beach — Fiscal Services Division 0 f CITY OF NEWPORT BEACH February 28, 1994 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Amtek Construction 1813 Las Palomas Drive La Habra Heights, CA 90631 (714) 644 -3005 Subject: Surety: The Explorer Insurance Company Bond No. 126 89 00 Contract No.: C -2929 Project: 37th, 38th, 39th, 40th and 41st Street End Construction, Prospect Street Sidewalk Construction, and 62nd Street Improvements The City Council of Newport Beach on January 24, 1994 accepted the work of subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. The Notice was recorded by the Orange County Recorder on February 14, 1994, Reference No. 94- 0112086. Sincerely, Wanda E. Raggio City Clerk WER:pm cc: Public Works Department 3300 Newport Boulevard, Newport Beach • RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk �a j� � City of New`frt Beach 3300 Newport Boulevard Newport Beach, CA 92663 0C IN 94-011208f) 14 —FEB -1994 0 2=10 Rid Recorded in Official Records of Orange County, California Lee A. BranUi, County Recorder Page 1 of i Fees: S 0.00 Tax: i 4.0C, "Exempt from recorc to Government Code NOTICE OF COMPLETION 4 OWILERK INBMH NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Amtek Construction, 1813 Las Palomas Drive, La Habra Heights, CA 90631 as Contractor, entered into a Contract on September 1, 1993 Said Contract set forth certain improvements, as follows: 37th, 38th, 39th, 40th and 41st Street End Construction, Prospect Street Sidewalk Construction, and 62nd Street Improvements (C -2929) - located in the City of Newport Beach, County of Orange Work on said Contract was completed on October 30, 1993 and was found to be acceptable on January 24, 1994 by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is The Explorer Insurance Company, 5725 Kearny Villa Rd., "R ", San Diego, CA BY W4 jr*'m^^+ •� u�b iT�c orTcs�irec or City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on Newport Beach, BY City ClerK �e, "' F� IN �n�11Y�OFr NEWVORI Bf1LN ti • is • 9 TO: CITY COUNCIL FROM: Public Works Department E February 14, 1993 CITY COUNCIL AGENDA ITEM NO. 27 SUBJECT: CONSTRUCTION OF CURB, GUTTER, AND SIDEWALK ON BOTH SIDES OF 62ND STREET BETWEEN PACIFIC COAST HIGHWAY AND NEWPORT SHORES DRIVE; CONSTRUCTION OF CURB, GUTTER AND SIDEWALK ALONG PROSPECT STREET BETWEEN NEWPORT SHORES DRIVE AND PACIFIC COAST HIGHWAY (C -2929) RECOMMENDATIONS: Hold a Public Hearing on the Notice of Cost. 2. After closing the public hearing, confirm the assessments. 3. Allow the property owner three years to pay his assessment with an interest rate of 6% per annum on the unpaid balance. DISCUSSION: On October 12, 1992 and May 11, 1992 the City Council directed Staff to use the procedure of Chapter 27 of the Improvement Act of 1911 to construct curb, gutter and sidewalk along portions of 62nd Street and Prospect Street, respectively, between Pacific Coast Highway and Newport Shores Drive. The location of the improvements is shown on the attached sketch. This public hearing is to accomplish Steps No. 5 and 6 in the following brief description of the procedure: The Public Works Director orders the owners of property to construct improvements adjacent to their properties. The Notice to Construct specifies what improvements shall be constructed within 60 days after the date of the notice. The notice also specifies a time and a place for a public hearing on the Notice to Construct. 2. After the close of the public hearing on the Notice to Construct, if the property owners do not complete the improvements within 60 days after the date of the notice, the City acquires jurisdiction to construct the improvements at the expense of the owners of the property. E/ SUBJECT: CONSTRUCTION OF CURB, GUTTER AND SIDEWALK ON BOTH SIDES OF 62ND STREET BETWEEN PACIFIC COAST HIGHWAY AND NEWPORT SHORES DRIVE; CONSTRUCTION OF CURB, GUTTER AND SIDEWALK ALONG PROSPECT STREET BETWEEN NEWPORT SHORES DRIVE AND PACIFIC COAST HIGHWAY (C -2929) February 14, 1994 Page 2 The City constructs the improvements using money advanced from the Street and Alley Maintenance Programs. 4. The costs of improvements are totaled and a public hearing is held. 5. The City Council may, in its discretion, allow the costs of improvements to be paid for over a period of years at a rate of interest established by the City Council. 6. After the confirmation of the assessments by the City Council and the close of the public hearing, property owners have 5 days to pay their assessments in cash. A lien will then be placed on any property for which the assessments have not been paid, or for which the owners have entered into an agreement to pay over a period of time. Agreements will be recorded and will constitute a lien upon the property. The payments are collected by the Finance Department. The costs to the property owner are as follows: Joyce Hoskinson (Assessor's Parcel No. 045- 111 -15 & 19) Sidewalk Driveway Approach Curb and Gutter Total Cost Caywood Realty (Assessor's Parcel No. 045- 112 -11) 144 s.f. @ $2.70 = $ 388.80 183 s.f. @ $3.70 = 677.10 41 l.f. @$27.50 = 1,127.50 $2,193.40 • Sidewalk 137 s.f. @ $2.70 = $ 369.90 • Curb and Gutter 39 11 @$27.50 = 1,072.50 Total Cost $1,442.40 SUBJECT: CONSTRUCTION OF CURB, GUTTER AND SIDEWALK ON BOTH SIDES OF 62ND STREET BETWEEN PACIFIC COAST HIGHWAY AND • NEWPORT SHORES DRIVE; CONSTRUCTION OF CURB, GUTTER AND SIDEWALK ALONG PROSPECT STREET BETWEEN NEWPORT SHORES DRIVE AND PACIFIC COAST HIGHWAY (C -2929) February 14, 1994 Page 3 • Sandra Bankston (Assessor's Parcel No. 045- 112 -01) Sidewalk Driveway Approach Curb and Gutter Curb Drain Total Cost Clarence C. Clarke (Assessor's Parcel No. 045- 111 -17 & 18) Sidewalk Driveway Approach Curb and Gutter Curb Drain Total Cost Duane A. Wengler (Assessor's Parcel No. 045- 084 -09) Sidewalk Curb and Gutter Total Cost 200 s.f. @ $2.70 = $ 540.00 192 s.f. @ $3.70 = 710.40 57 l.f. @$27.50 = 1,567.50 4 11 @$160.00 = 160.00 $2,977.90 102 s.f. @ $2.70 = $ 275.40 126 s.f. @ $3.70 = 466.20 36 11 @$27.50 = 990.00 4 IT @$160.00 = 160.00 $1,891.60 267 s.f. @ $2.70 = $ 720.90 15 11 @$27.50= 412.50 $1,133.40 The Finance Director recommends that the property owner be given three years to pay at an annual rate of interest of 6% per annum on the unpaid balance, with interest starting 31 days after the confirmation of the assessments by the City Council. 62,4/ r r Benjamin B. Nolan Public Works Director Attachment 0 a min I._I 62ND 34 y 4 0 30' ••2.3/• •229• .123. 2/9• •215" o0 �Q •230. 226 •221 1/8• •t /4- 34' 1/' 34' 3/' 34' 62ND PROSACC7 ° ( io 33`1-291- 127• •22j 2/9• ?,r5 t l9 �) C} R) N N N 1• •230 - 226 222,216 34 y 4 0 30' ••2.3/• •229• .123. 2/9• •215" o0 �Q PROSACC7 ° ( io 33`1-291- 127• •22j 2/9• ?,r5 t l9 �) C} R) N N N 1• •230 - 226 222,216 34 y 4 0 30' a v x y m v c •2/9 �� o0 '0 100• •226 •ZZ4 •2 /B •2/4• PROSACC7 ° ( io 33`1-291- 127• •22j 2/9• ?,r5 t l9 �) C} R) N N N 1• •230 - 226 222,216 34 3/' 94' 30' -23/• •227• •223 •2/9 26. 100• •226 •ZZ4 •2 /B •2/4• 34' 3/' 34' 3/' 34' PROSACC7 ° ( io 33`1-291- 127• •22j 2/9• ?,r5 t l9 �) C} R) N N N 1• •230 - 226 222,216 S 3 m rn o v 3 °,,I �I:Z�z rl- MEM illow 0 13o• 221 - -222 - -2 /B- 21 4 I .z/0 206 s .A • /§ � ICI a klot . q. �ola7 I_ {QOl o I~� O I -- V rm � CIA L I —' I -I r 90• 3o' •' O ic? CITY OF NEWPORT CAL RCH PUBLIC WORKS DEPARTMENT IN vul EXHI B I T f fB f f DATE 19 May 1993 SCALE N.T.S. DRRWN M. CRRC..TR 34 3/' 94' 30' -23/• •227• •223 •2/9 26. S 3 m rn o v 3 °,,I �I:Z�z rl- MEM illow 0 13o• 221 - -222 - -2 /B- 21 4 I .z/0 206 s .A • /§ � ICI a klot . q. �ola7 I_ {QOl o I~� O I -- V rm � CIA L I —' I -I r 90• 3o' •' O ic? CITY OF NEWPORT CAL RCH PUBLIC WORKS DEPARTMENT IN vul EXHI B I T f fB f f DATE 19 May 1993 SCALE N.T.S. DRRWN M. CRRC..TR oe THE NEWPORT BEACH• COSTA MESA ' PROL r Dear Advertiser: Client Reference # IoL Daily Pilot Reference # /I Enclosed please find clipp` rpf your ad from the first publication, beginning d If you need to make any changes or corrections, please call me at your earliest convenience. p The cost of this publication will be $ Thanks for your cooperation and patronage. Sincerely, udy Getting Manager Legal Advertising Manager 330 West Bay Street, Costa Mesa, CA 92627 (714) 642 -4321 n/� FAX (714) 631 -5902 V6 NOTICE OF COST NOTICE OF THE REPORT OF, THE PUBLIC WORKS DIRECTOR AND THE TIME OF HEARING OBJECTIONS THEREON NOTICE IS HEREBY GIVEN that the Public Works Director of the City of Newport Beach,. California, has filed with the City Council of said City his report on the. construction of Portland cement concrete sidewalk and curb access ramp, along-62nd Street and Prospect Street, per City. Drawing No. R- 5653 -S and the Standard Specifications of the City.. NOTICE IS FURTHER GIVEN that the City Council of the City. of Newport Beach has scheduled a public hearing for 7:00 P.M. on Monday February 14, 1994 in the City Council Chambers - located at 3300 Newport Boulevard, Newport Beach, California, to hear and pass upon any protests or objections which may be raised by the property owner or any other person : interested in the matter. The decision of the City Council will be final and conclusive. - The five affected property owners, subject properties and proposed assessments are as follows:. - 1. Sandra Bankston .Douglas Mc Coy - - - Eugene Mrkpatrick Subject Property Located in Block 1,: Seashore Colony Tract,. (Bounded by West Coast Highway, Newport Shores Drive, 62nd _l St. and 61st St.), Assessor's Parcel No. 045 - 112 -01. - - The cost of the work recommended for the proposed assessment to the subject property is:_ j Sidewalk - - - 200 s.f. @ $2.70 = $540.00 - -.< -{ Driveway Approach - . 192 s.f: @ $3.70 = $710.40 Curb and Gutter '. 57 I.f. @ $27.50= $11,567.50 j Curb Drain 4. Cf._ @ $40.00.= $460.00 -J Total Cost $2,977.90, 2. Caywood Realty, - . - Subject.Property Located in Block 1, Seashore Colony Tract, (Bounded by West Coast Highway, Newport $hares Drive, 62nd St. and 61st St.), Assessor's Parcel No. 045- 112 -1.1. - - The cost of the work recommended for the proposed assessment to the subject property is - - - Sidewalk - - 1.37 s.f. @ $2.70 = - $369.90 Curb and Gutter - - - .39 I.f..@ $27.50 = .$1,072.50 -Total Cost $1,442.40 - .. 3. Clarence C. Clarke - - Subject Property Located in Block 2, Seashore Colony Tract, (Bounded by West Coast Highway, Newport Shores Drive, 62nd St. and Prospect St.), Assessor's Parcel No. 045 - 111 -17 & 16.' The cost of the work recommended for the proposed assessment to the subject property Is: . _ - Sidewalk 102 s.f. @ $2.70 = '$275.40 Driveway Approach - 126 s.f. @ $3.70 = $466.20 - Curb and Gutter - 36 Lf. @ $27.50 = $990.00 Curb Drain 4 I.f. @ $40.00,= $160.00'?-' Total Cost -$1,891.60 .� 4. Joyce Hoskinson SPAGHETTI BENDER - - Subject Property Located in. Block 2, Seashore Colony Tract, (Bounded by West Coast Highway, 62nd St. and Prospect St., Assessor's Parcel No. 045- 111 -15 & 19. - - The cost of the work recommended for the proposed assessment to the subject property is:- Sidewalk . - 144 s.f. @ $2.70 =. $388.80 Driveway Approach - _ .183:s.f.: @ $3.70 = $677.10. Curb and Gutter - - - 41. I.f. @ $27.56 $1,127.50 Total Cost $2,193.40 5. Duane A. Wangler Subject Property Located in Block 3, Seashore Colony Tract, 62nd St. and 61st St.), Assessor's Parcel No. 045- 084 -09. (Bounded by -West Coast Hlgbway, Newport Shores Drive, The cost of the work recommended for the proposed assessment to the subject property is: - Sidewalk 267 s,f. @ $2.70 = $72090 .Curb and Gutter - 15 I.f. @ $27.50 = $412.50 - Total Cost - _ - $1,133.40 The proposed method of payment of the assessment is cash. within 30 days attar confirmation of the assessment, or if desired and subject to the execution of an agreement to repay, the assessment may paid in three equal .annual installments with interest at the rate of 6 percent per annum on the unpaid balance. Interest will start to run 31 days after confirmation of the assessment (after the close of the public. hearing). - - The actions described above are being taken under authority of Chapter 27 of the improvement Act of 1911, being Section 5870 and following sections of the Streets and Highways Code of the State of California. Dated: January 25, 1994 Benjamin B. Nolan Public Works Director and Street Superintendent City of Newport Beach Puciis ed Newport Beac - Costa Mesa Daily Pilot January 26, February 4, 1994. FROM LORENZO'S SPR6 BEN 02.14.1994 13 12 P. I "RECEIVED AFTER AGENDA PRINTED: " A. Joyce Hoskinson lax 76"wad4s* S4 a so,41 f--� rM `n 4CrK,.ASOA Michael D. Hoskinson 4 RECEIVED FEB 14 1994 CM CLERK OF aEyryoRl BEAM .TDAA �j WJ�ci 1 M►xA'4 i .tics 7�Aa rtc�f� �i a,n wr h vL(F. Sorry we Coat loom` %04\ tsl DF 4-44- t vJ ► N �� µ tiC.- .,,� i i� ,�E1J •1 -GE� wte.K. 0� .{�( J{. S a b J w"�". 2 V �C� ►� 1C.. Q�i � s4e& ( *;w&dkp 0704 e*v ) 6204 W. Coast Hwy. 4 Newport Beach, CA 92663 • (714) 645.0651 0 FAX: (714) 631 -8646 FROM L LORENZO'S 5 5PFG BEN 0 A. Joyce Hoskinson Michael D, Hoskinson Dear Council & City Members, February 14th, 1994 At this time I cannot pay for improvements performed adjacent to our property on 62nd St, for the following reasons: 1. Poor planning: Whomever designed the improvements neglected to note that 62nd is and has been a two -way street. With the addition of sidewalks there is barely room for two cars to pass one another. The Red - Curbing is no way to fix this problem as the City has already taken over 20 of our parking spots in recent years and the shortage is now critical, 2. Driveways: The City has installed two driveways; one in front of the thai restaurant, the other in front of the Futon store. Both are so high that many cars scrape their bottoms across them, potentially causing damage. After the bumps were installed I immediatly brought them to the City's attention, they replied by adding more blacktop to the slope of the bumps. This hasn't solved the problem Q know because my own car still drags along the bump). In addition, during the recent rains the property behind us completely flooded because the bump holds water instead of allowing drainage. 3. City Responsobility: It is and always has been our contention that the City has the responsobility to build and maintain. the roads within its boundaries. More important is the fact that this business alone sends nearly $10,000.00 a year to the City coffers in the form of sales tax revenue, monies that we see no direct benefit for. It is our strong belief that the improvements to 62nd street have been bought and paid for with this revenue. We feel that to say yes to your proposal now will open the door in the future to more erroneous taxations. We would encourage more dialog to come up with a mutually acceptable compromise. I Your t Mike Hoskin; 6204 W. Coast Hwy. 0 Newport Beach, CA 92663 • (714) 645 -0651 • FAX (714) 631 -8646 • C • • • January 24, 1994 CITY COUNCIL AGENDA ITEM NO. 11 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: CONSTRUCTION OF CURB, GUTTER, AND SIDEWALK ON BOTH SIDES OF 62ND STREET BETWEEN PACIFIC COAST HIGHWAY AND NEWPORT SHORES DRIVE; CONSTRUCTION OF CURB, GUTTER AND SIDEWALK ALONG PROSPECT STREET BETWEEN NEWPORT SHORES DRIVE AND PACIFIC COAST HIGHWAY (C -2929) RECOMMENDATION: Schedule a public hearing for 7:00 p.m. on February 14, 1994, on the "Notice of Cost" for the construction of curbs, gutters, driveway approaches and sidewalk along 62nd Street and Prospect Street under the procedure of Chapter 27 of the Improvement Act of 1911. DISCUSSION: On October 12, 1992 and May 11, 1992 the City Council directed Staff to use the procedure of Chapter 27 of the Improvement Act of 1911 to construct curb, gutter and sidewalk along a portion of 62nd Street and Prospect Street, respectively, between Pacific Coast Highway and Newport Shores Drive. The location of the improvements are shown on the attached sketch. The recommended public hearing is Steps No. 4, 5 and 6 in the following brief description of the procedure: 1. The Public Works Director orders the owners of property to construct improvements adjacent to their properties. The "Notice to Construct" specifies what improvements shall be constructed within 60 days after the date of the notice. The notice also specifies a time and a place for a public hearing on the" Notice to Construct ". 2. After the close of the public hearing on the "Notice to Construct ", if the property owners do not complete the improvements within 60 days after the date of the notice, the City acquires jurisdiction to construct the improvements at the expense of the owners of the property. �3�J 0 0 SUBJECT: CONSTRUCTION OF CURB, GUTTER, AND SIDEWALK ON BOTH SIDES OF 62ND STREET BETWEEN PACIFIC COAST HIGHWAY AND NEWPORT SHORES DRIVE; CONSTRUCTION OF CURB, GUTTER AND SIDEWALK ALONG PROSPECT STREET BETWEEN NEWPORT SHORES • DRIVE AND PACIFIC COAST HIGHWAY (C -2929) January 24, 1994 Page 2 3. The City constructs the improvements using money advanced from the Street and Alley Maintenance Programs. 4. The costs of improvements are totaled and a public hearing is held. 5. The City Council may, in its discretion, allow the costs of improvements to be paid for over a period of years at a rate of interest established by the City Council. 6. After the confirmation of the assessments by the City Council and the close of the public hearing, property owners have 5 days to pay their assessments in cash. A lien will then be placed on any property for which the assessments have not been paid, or for which the owners have entered into an agreement to pay over a period of • time. Agreements will be recorded and will constitute a lien upon the property. The payments are collected by the Finance Department. The estimated costs at the time of the "Notice to Construct" and the final costs are as follows: 045 - 111 -15 Drive Appr., $2800 $2,193.40 $2,632.08 & 19 C & G, Swk. (Hoskinson) (6204 Pacific Coast Highway) 045 - 112 -01 Drive Appr., $2800 $2,977.90 $3,573.48 • (Bankston) C & G, Swk. (210 62nd St.) & Curb Drain Est. Const. Assessor Const. Const. Cost Owner Improvements Cost Cost + 20% 045 - 111 -17 Drive Appr., $1,800 $1,892.40 $2,270.88 & 18 C & G, Swk. (Clarke) & Curb Drain (211 -213 62nd St.) 045 - 111 -15 Drive Appr., $2800 $2,193.40 $2,632.08 & 19 C & G, Swk. (Hoskinson) (6204 Pacific Coast Highway) 045 - 112 -01 Drive Appr., $2800 $2,977.90 $3,573.48 • (Bankston) C & G, Swk. (210 62nd St.) & Curb Drain SUBJECT: CONSTRUCTION OF CURB, GUTTER, AND SIDEWALK ON BOTH SIDES OF 62ND STREET BETWEEN PACIFIC COAST HIGHWAY AND • NEWPORT SHORES DRIVE; CONSTRUCTION OF CURB, GUTTER AND SIDEWALK ALONG PROSPECT STREET BETWEEN NEWPORT SHORES DRIVE AND PACIFIC COAST HIGHWAY (C -2929) January 24, 1994 Page 3 045 - 112 -11 Swk., C & G $1,400 $1,442.40 $1,730.88 (Caywood) (6110 Pacific Coast Highway) 045 - 084 -09 Swk., C & G $1,650 $1,133.40 $1,360.08 (Wengler) (6302 Pacific Coast Highway) As provided in the first public hearings, staff has added 20% to the construction costs to reimburse the City for its costs for engineering, management and contract administration. In as much as the final costs have exceeded the original estimates for some properties, the Council may wish to delete the 20% surcharge. • The Finance Director recommends that the property owner be given three years to pay at an annual rate of interest of 6% per annum on the unpaid balance, with interest starting 31 days after the confirmation of the assessments by the City Council. d�a� 0 a Benjamin B. Nolan Public Works Director SL: so Attachment • • f'Y T'ri'C CITY O� JAN'-?- AN 2 4 APPROVED TO: Mayor and Members • of the City Council FROM: Public Works Department January 24, 1994 CITY COUNCIL AGENDA ITEM NO. 15 SUBJECT: ACCEPTANCE OF OCEAN FRONT STREET END CONSTRUCTION PROGRAM; PROSPECT STREET SIDEWALK CONSTRUCTION; AND 62ND STREET IMPROVEMENTS (C -2929) 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. The contract for the construction of the subject project has been completed to the satisfaction of the Public Works Department. The bid price was $132,778.45 Amount of unit price items constructed 137,112.81 Amount of change orders 3,002.80 Total contract cost $140,115.61 The increase in the amount of the unit price items constructed was due replacing additional concrete curb and cross gutters. One Change Order was issued. In the amount of $3,002.00, it provided for relocation of an existing palm tree, a change in color of the block for the planters and additional top soil in the planters. Funds for the project were budgeted in the General Fund, Account No. 7013 - 98313026 and the Tide and Submerged Land Fund, Account No. 7233 - 98280019. The contractor is Amtek Construction of La Habra Heights. The contract date of completion was October 30, 1993. The work was substantially completed by that date with final clean -up com leted by November 12, 1993. Benjamin B. Nolan Public Works Director CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 TO: VINANCE DIRECTOR FROM: CITY CLERK DATE: September 1, 1993 SUBJECT: 'Contract No. C -2929. (714) 644 -3005 Description of Contract 37th, 38th cqy th. 40th and 41st Street End Construction, Prospect Street Sidewalk Construction, 62nd Street Improvements Effective date of Contract September 1, 1993 Authorized by Minute Action, approved on July 12, 1993 Contract with Amtek Construction Address 1813 Las Palomas La Habra Heights, CA 90631 Amount of Contract $132,778.45 ! 1 - , Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach NOTICE INVITING BIDS CITY CLERK Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P. 0. Box 1768, Newport Beach, CR 92659 -1768 until 11:00 a.m. on the 1st day of July , 1993, at which time such bids shall be opened and read for 37th, 38th, 39th, 40th and 41st Street Street End Construction Prospect Street Sidewalk Construction 62nd Street Improvements itie 2929 Contract No. $118,000 Engineer's Estimate Rpproved by the City Council this 14thday of June , 1993. Wanda E. Raggi City Clerk Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. 0. Box 1768, Newport Beach, CR 92659 -1768. For further information, call Stephen Luy at 644 -3311. Project Manager PR 1.1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMEN PROPOSAL 37th, 38th, 39th, 40th and 41st STREET, STREET END CONSTRUCTION PROSPECT STREET SIDEWALK CONSTRUCTION 62ND STREET IMPROVEMENTS CONTRACT NO. 2929 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659 -1768 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Contract Documents, and hereby proposes to furnish all materials and do all work required to complete this Contract No. 2929 in accordance with the Plans and Contract Documents, and will take in full payment therefore the following unit price for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization and traffic control @ Fifty -Five Hundred Dollars and No Cents $ 5,5nn_n0 Per Lump Sum 2. 900 Const. Type "B" P.C.C. Linear Feet curb @ Eleven Dollars and Eighty - Five Cents $11_R5 $ln_6F5_n0 Per Linear Foot 3. 420 Construct P.C.C. driveway Square Feet approach @ Three Dollars and Seventy Cents $ 3.70 $ 1,554.00 Per Square Foot 0 • PR 1.2 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 410 Construct P.C.C. driveway Square Feet approach with thickened edge @ Three Seventy Per Square Foot Dollars and Cents $ 3.70 $ 1,517.00 5. 4,865 Construct P.C.C. sidewalk Square Feet @ Two Dollars and Seventy Cents Per Square Foot 6. 245 Construct P.C.C. landing Square Feet with thickened edge @ Four Dollars and No Cents Per Square Foot 7. 1,950 Remove exist. and construct Square Feet P.C.C. alley approach $ 2.70 $13,135.50 $ 4.00 $ 980.00 @ Five Dollars and Seventy Cents $ 5.70 $11,115.00 Per Square Foot 8. 6,600 Construct P.C.C. roadway Square Feet @ Three Dollars and No Cents $ 3.00 $19,800.00 Per Square Foot 9. 25 Const. H.D.P.E. curb drain Linear Feet @ Forty Dollars and No Cents $ 40.00 $ 1,000.00 Per Linear Foot 10. 300 Const. Slump Stone Block Linear Feet Wall @ Forty -Six Dollars and No Cents $ 46.00 $13,800.00 Per Linear Foot 0 PR 1.3 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 11. 5 Each 12. 5 Each 13. 108 Each 14. 10 Each 15. 5 Each 16, 1 Each 17. 1 Each Const. 1" Water Service @ Fourteen Hundred Dollars Fitty-Five and No Cents $1,455.00 $7,275.00 Per Each Provide and Install 1" Water Meter Box @ One Hundred Dollars and No Cents $ 100.00 $ 500.00 Per Each Provide and Install 5- Gallon Plants @ Twenty -Two Dollars and Twenty -Five Cents $ 22.25 $2,403.00 Per Each Provide and Install Multi - Trunk Palm Trees (24" Box) @ Three Hundred SeventiDollars and No Cents $ 370.00 $3,700.00 Per Each Provide and Install Irrigation Systems @ Eighteen Hundred Dollars even y- ive and No Cents $1,875.00 $9,375.00 Per Each Provide and Install Irrigation Controller @ Twenty -Two Hundred Dollars wenty- ive and No Cents $2,225.00 $2,225.00 Per Each Provide and Install S.S. Sprinkler Control Cabinet @ Twelve Hundred Dollars irty- FT ve and No Cents $1,235.00 $1,235.00 Per Each 0 0 PR 1.4 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 18. Lump Underground Edison Utilities Sum and S.S. Meyers Meter Cabinet @ Thirty -One Hundred Dollars and No Cents $ 3,100.00$ 3,100.00 Per Lump Sum 19. 1 Provide and Install Electric Each Pull Box @ One Hundred Twenty- Dollars Four and No Cents $ 124.00 $ 124.00 Per Each 20. 125 Provide and Install 3" P.V.C. Linear Feet Sprinkler Conduit @ Eight Dollars and Sixty Cents $ 8.60$ 1,075.00 Per Linear Foot 21. 16,500 Provide and Install 14 Gauge Linear Feet Multi- Strand Sprinkler Wire @ No Dollars and Twenty -Five Cents $ Per Linear Foot 22. 75 Remove exist and const. type Linear Feet "A" P.C.C. C & G, 6" C.F. 25$ 4,125.00 @ Eighteen Dollars and Thirty Cents $ 18.30$ 1,372.5 r 0 Pe Linear Foot 23. 175 Remove exist. and const. type Linear Feet "A" P.C.C. C & G, 24" gutter @ Twenty -Seven Dollars and Fifty Cents $ 27.50$ 4,812.50 Per Linear Foot 24. 150 Remove exist. and const. Square Feet P.C.C. cross gutter @ Six Dollars and Neikg Cents $ 6.90$ 1,035.00 Per Sftquare Foot 29. 70 Remove exist. and construct Square Feet P.C.C. patchback @ Six Dollars and Ninety Cents $ 6.90 $ 483.00 Per Square Foot One Hundred Thirty -Two Thousand Seven Dollars Hundred Seventy -Eight and Forty -Five Cents TOTAL BID PRICE (WORDS) Date $.132 , 778.45 TOTAL BID PRICE (FIGURES) 1813 Las Palomas Drive Bidder's Address Bidder's Telephone La Habra Heights, CA 90631 PR 1.5 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 25. 57 Remove exist. and place Tons crushed aggregate base @ Eighty Dollars and No Cents $ 80.00 $ 4,560.00 Per Ton 26. 43 Construct A.C. base course Tons @ Fifty -Six Dollars and Sixty -Five Cents $ 56.65 $2,435.95 Per Ton 27. 22 Construct A.C. finish course Tons @ Ninety -Seven Dollars and No Cents $ 97.00 $2134.00 Per Ton 28. 13 Remove exist. and construct Tons A.C. patch back @ One Hundred Thirty - Dollars Four and No Cents $134.00 $1,742.00 Per Ton 29. 70 Remove exist. and construct Square Feet P.C.C. patchback @ Six Dollars and Ninety Cents $ 6.90 $ 483.00 Per Square Foot One Hundred Thirty -Two Thousand Seven Dollars Hundred Seventy -Eight and Forty -Five Cents TOTAL BID PRICE (WORDS) Date $.132 , 778.45 TOTAL BID PRICE (FIGURES) 1813 Las Palomas Drive Bidder's Address Bidder's Telephone La Habra Heights, CA 90631 • . • Page 2 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: PROPOSAL (Page 1) INSTRUCTIONS TO BIDDERS (Page 2) DESIGNATION OF SUBCONTRACTORS (Page 3) BIDDER'S BOND (Page 4) NON - COLLUSION AFFIDAVIT (Page 5) TECHNICAL ABILITY AND EXPERIENCE REFERENCES (Page 6) except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. The City of Newport Beach will not permit a substitute format for the documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of bid totals. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 5/91 Page 2A In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." All documents shall bear authorized to sign on behalf of signatures shall be of a coi authorized by the corporation. shall be of a general partner. shall be of the owner. signatures and titles of persons the bidder. For corporations, the -porate officer or an individual For partnerships, the signatures For sole ownership, the signature 490382 Class A Contractor's License No. & Classification 7/1/93 Date 5/91 0 0 Page 3 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Amt6 B da 5/91 Subcontract Work Subcontractor Landscaping & Irrigation S & M Landscape Address 355 S. Irwind Azusa, CA KNOW ALL MEN BY THESE PRESENTS, That was AMTEK CONSrRUMI bidder, and EXPLORER INSU] surety, are hold and firmly Vo California, in the sum of Oren pe -------- - - - - -- (6 - )►lawful money of w s 1 and truly to and severally, firmly by these be made, we bind ourselves, presents. THE CONDITION OF THE FOREGOING OBLIGATION 18 SUCH, page 4 as Dollars 3ayy nmnent ointly That if th a rc� ae� o th 9� a •. n e id a for the construction of I((Title of Project an Contract No. n e City o Newport Beach, accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver to sai4 City the "PaymentM and "Faithful Performancom contract bonds described in the specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) attar 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 25th day of JUNE , 1993. AMTEK CONSTRUCTION WiMer (—Attiach • gmeat Of Attorney -In -Fact) Notary public Commission Expirsst BY Dwner INSURANCE Wff> omowu i STATE OF CALIFORNIA SS. COUNTY OF SAN DIEGO on June 25, 1993 before me, Jocelyn Y. Quirt, Notary Public �P�1a�j lyappeared Sioux Munyon JOCELYN �� _ NOTARY AN DIEGO 15 /aro SUbSCfIbEd W tlMdwlQ110 Ilis<fU111E1d ind aCknOYYIB Qee0�t0 rt�e)U1it Sitl�y(CUt80 MY Commsse (n hlsAxr /#* a�AiwM capaclN(bs), and tllat by NsA�a tftk sip Akn(s on tlM IrOwnent May 30, on(s), or the entity upon betail M wwhhikchh the pe s) act ec S my hand and otflslal seal. rnawwanr- r►rw..wwa -w,ra. re. attM_e,, a a emQWM orrswwtn.ec. Wbgme•71 Explorer Insurance Company HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the EXPLORER INSURANCE COMPANY, a Corporation duly authorized and existing under the laws of the State of ARIZONA and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: SIOUX MUNYON its two and lawful Attorney(s)An -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizanoes or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the EXPLORER INSURANCE COMPANY at a meeting duly called and held on the 22nd day of JULY, 2985, which said Resolution has not been amended or rescinded and of which the following is atrue, full, and complete copy: 'RESOLVED: That the President or Secretary may from time to time appoint Attorneys -(n -Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at anytime remove such Attorneysdn -Fact and revoke the Power of Attorney given him or her; and be it further RESOLVED: That the Attorney4n -Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney4n- Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary.' IN WITNESS WHEREOF, EXPLORER INSURANCE COMPANY has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 9th day of September, 1989. a EXPLORER INSURANCE COMPANY STATE OF CALIFORNIA SS Presiden� COUNTY OF SAN DIEGO ' Onthis8th day of Sept., lbeefore, the subscriber, a Notary Publi c of the State of California, in and for the County of San Diego, duly commissioned and qualified, came Bernard Martin Feldman of EXPLORER INSURANCE COMPANY to me personally known to be the In- dividual and officer described in and who executed the preceding Instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written.. !r•,. _- :.r.FS¢....,.._______ `i JANIS E. THEODORE HO7ARY PUBLIC CAUrORHIA p�wE PRINCIPAL OFFICE IN _ V SAN DIEGO COUNTY STATE OF CALIFORNIA . COUNTY OF SAN DIEGO SS' ° "�.... p MY CwnmsFM fap. we 4 1990 1, the undersigned, James W. Austin, III, of the EXPLORER INSURANCE COMPANY, do hereby certify that the original POWER OF ATTOR- NEY, of which the foregoing is afull, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 25 th day of June 2993 EXPLORER INSURANCE COMPANY �Q, \NSbga O ` °aPCge�`20 becretary �Nl Add EX? CAL 37 • • Page 5 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of LW GS) S4ry" &- S OA 4 C4 , being first dul s orn, / ldeposes and says that he or shb is p �� r1 p� of <- Ln 5 jY��i the party making the fore; that the bid >.s not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, south by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of pe: and correct. II, i • 0A- Subscribed and sworn to before me this 36 day of `CA,VI1� 1993. 2x � -- Notary ubl c My Commission Expires: WqLt 5/91 [SEAL] OFFICIAL NOTARY SEAL �- CARL BAVIN N�h'y Puc— CaNtornia LOS ANGLES COUNTY My Comm. Epires DEC 02,1094 ner 0 0 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 For Whom Person Telephone Completed Performed (Detail) To Contact Number 1993 City of Upland Michael Hudson (909) 931 -4260 1992 City of E1 Monte Robert Pinninger (818) 580 -2019 1992 City of Santa Ana Neal Trout (714) 565 -4047 1992 Calif. Highway Ptrl. Reginald Demery (213) 897 -3218 1992 March Air Force Base Msgt Alan Zero (714) 655 -4331 Amtek Construction Bidder Steven SdYC.6-�AWner 5/91 0 0 Page 7 NOTICE TO SUCCESSFUL BIDDER The following contract documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of mailing Notice of Award to the successful bidder: PAYMENT BOND (Page 8) FAITHFUL PERFORMANCE BOND (Page 9) CERTIFICATE OF INSURANCE (Page 10) GENERAL LIABILITY INSURANCE ENDORSEMENT (Page 11) AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT (Page 12) WORKERS' COMPENSATION INSURANCE CERTIFICATION (Page 13) CONTRACT (Page 14) The City of Newport Beach will not permit a substitute format for these contract documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Payment and faithful performance bonds shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VIII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be proviaea as speclxlea in cne scanaara speck Works Construction, except as modified by the The Workers' Compensation Insurance Certification shall be executed and delivered to the Engineer along with a Certificate Of Insurance for workers' compensation prior to City's execution of the Contract. 5/91 KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, the City Council of the City of. Newport Beach, State of. California, by motion adopted July 12, 1993 has awarded to as a hereinafter designated r ncipal", a contract for 3Rth 39th 4nth & 41st the City of Newport Beach, in strict conformity with the 'Drawings and Specifications and other contract documents.in the office of the City Clerk of the City of Newport Beach, and all of which are incorporated herein by this reference; WHEREAS, said Principal has executed or is about to execute Contract No. C -2229 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We, 11M= CONSPR=CN as Principal, and THE EXPLORER INS M EM C VANy as Surety, a e e d 1 b and nto the City of Newport Beach, in the sum of �� c _. Dollars ($ 132,778.45 - - -- ) , said sum being equal to 00% 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 o`r.:Y its /her :subcontractors,, fail to pay for any materials, provisions', or other supplies, used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor. thereon of.any kind.or for amounts due under the Unemployment Insurance Code.with respect to such work or labor, or for any amounts required to :;be' deducted, withheld and paid over to the Employment.. Development, :,..Department .:from the wages of employees of the Principal; and.'-subcontract to Section 13020 of the Unemployment Insurance Codewith.respect to such work and labor, that the Surety'or Sureties will pay, for the same,An an amount not exceeding' the . sum 'specified `-in , the ;:bond,. 'and also in case suit is brought upon the.liond ", a reasonable attorney's fee, to be fixed by the Court as requiredby the^.provrisions of,Section 3250 of the Civil Code of the State of California. 5/91 r rz,. ��Y E 0 Page 8A The bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right to them or their assigns in any suit brought upon this bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the _above named Principal and Surety, on the Anc ly of 19t. Amtek Cnnstrurtinn Name of Contractor (Principal) THE EXPIARER INSURANCE COMPANY Name of Surety 5725 Ye=V Villa R9., V'r, San Mexp, (A Address of Surety Steve Sayce,f byiier Aut on ed Agient gnature, - Sioux Munyon, At rney= iii =Faet (619)463 -2773 Telephone ATT$CHAD STATE OF CALIFORNIA ss. COUNTY OF SAN DIEGO EgoOFFICIAL SEAL JOCELYN Y. QUIRT NOTARY PUBLIGCALIFONNIA SAN DIEGO COUNTY MY COMMISSION EXPIRES May 30, 1995 (seal) M 7/22/93 bafore IN, Jocelyn Y. Quirt, Notary Public PW*.w a ank 0.. 7w Dw. Nth POW) personally appeared Sioux Munyon names► Is /are subscribed to the within Instnanerrl and acknowledged to me that he /she the same In his/her /their authorized capacty(les), and that by his/her /tlelr signatures) on the person(s), or the entity upon behalf of which the person(s) acted, executed the krsgrr WITNESS my hand and official seal. N. 12.02 1 Anature E *orer Insurance Comp& HOME OFFICE SAN DIEGO, CALIFORNIA Car dNedCopyot POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the EXPLORER INSURANCE COMPANY, a Corporation duly authorised and existing under the laws of the State Of AIR ZONA and having Its principal office in the City of San Diego, California, does herby nominate, constitute and appoint: SIOuX MUNYON its true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred In its name, place and steed, to execute, seal, acknowledge and deffm arty and all bonds, undertakings, reoogni:ances «.other Witten obligations in the nature thereof. This Power of Attorney is granted and Is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of ft EXPLORER INSURANCE COMPANY at a meeting duly idled and hold on the 22nd day of JULY, 1888, which said Resolution has not been amended or rescinded and of which the following Is • true, full, and completewpY 'RESOLVED: That the President or Secretary may from time to time appoint Attornsysdn -Fact to represent and act for and on behalf ofd the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Atiomeys -in -Fad and revoke the Power of Attorney given him or her; and be it further RESOLVED: That the AtWrney -in -Fact may be given full power to execute for and In the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Anorney-In- Fad Nall be as binding upon the Company ss If signed by the Resident and soled and eriested by the Secretary." IN WITNESS WHEREOF, EXPLORER INSURANCE COMPANY has caused Its official aid to be hereunto affixed and these presents to be signed by its duly authorised officers this STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO 8th day of September, lwsu 0. ue"�ojieW,�r',n 0. SEAL, n wl �a 1989. EXPLORER INSURANCE COMPANY AOR I r. On this 8th day of Sept., lbefore the subscriber, a Notary Pudic of the State of California, In and for the County of San Diego, duly commissioned and qualified, came Barnard Martin Feldman of EXPLORER INSURANCE COMPANY to me personally known to be the In- dividual and officer described in and whoexecuted the preceding instrument, and he acknowledged the execution of the wee, and being by me duly sworn, deposeth and saith, that he Is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding Instrument Is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said IhsVument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written. ., v ..., Laom. "JAN IS E. THEODORE N0IAAY PUBIIC. Gl11BRNU PRINCIPAL DFIICE IN STATE OF CJWFOf;WA SAN DIEGOCOUNtr tary u to COUNTY OF SAN DIEGO yr Eamm�lw Erp, fuse 1 1990 I ____._ I, the undersigned, James W. Austin, III, of the EXPLORER INSURANCE COMPANY, do hereby certify that the original POWER OF ATTOR- NEY, of which the foregoing Is a full, true and correct copy, Is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have homdrito subscribed my name as Secretary, and affixed the Corporate, Seat of lee Corporation, this 2addayof July 19 93 EXPLORER INSURANCE COMPANY tKSUgo SEAL 10 'tees A sea' V becrotery 3y1 *Mel EXP CAL 37 V, FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That Page 9 BOND NO: 126 89 00 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted July 12, 1993 has awarded to Amtek Construction hereinafter designated as n the Pr ncipal", a contract for 37th, 38th. 39th, 40th.& 41st Street End Const.. Prospect�St. sidewalk RpJContract No.E_2gpg )Tin the City of Newport Beach, in strict conformity with the Contract, Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach, all of which are incorporated herein by this reference; WHEREAS, Principal has executed or is about to execute Contract No. r._2g9q and the terms thereof require the furnishing of a bond for the faithful performance of the Contract; NOW, THEREFORE, we, AMTEK CONSIRUCPICN as Principal, and THE EXPLORER INSURANCE COMPANY as Surety, are e d 1 b�an�d into the City of Newport Beach, in the sum of " 45 jo ________Dollars ($ said sum being equal to of the estimated amount of the contract, to be paid to the City or its certain attorney, its successors, and assigns; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well keep truly and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers, employees and agents, " therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby, and in addition to the fact amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, in the event it is required by bringing any action in law or equity to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its siv1 1 • 0 il Page 9A obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for six (6) months following the date of formal acceptance of the Project by the City. In the event that the principal executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 2nd day of July , 19 93• n n Amtek Construction Name of Contractor (Principal) THE EULORER INSURANCE OWANY 'r Name of Surety 5725 Yeeny Villa FtL, "R", San Diego, (A Address of Surety Steve Say eOwner Bv: Steve / nJIWM Z Authorizbd Agbnt Signature ' Sioux Munyon, Attorney -in -tract (619)463 -2773 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE At-TACKED- 5/91 • 0 STATE OF CALIFORNIA as. COUNTY OF SAN DIEGO OFMIAL SEAL JOCELYN Y. QUIRT NOTARY PUBLr CAUFORNIA O SAN DIEGO COUNTY i MY COMMISSION E %AIRES May 30, 5995 On 7/22/93 before me, Jocelyn Y. Quirt. Notary Public Ph n. IN of of 4.1., 9th ea. hfty ROk'I personally appeared Sioux Munyon the same In his/her /their autivired capacAy les), and ft the person(s), or the entity upon behalf of h the persgl (Seal) VATNESS my hand and official seal. ApelOel(eGSNrt —N IYgIM M1 Rwptl —IMRab fmn a5tae —M. tt•oQ Q"V WM An5 nenB, enC. r dM 8-Zl sledged to me that he /she. Is/her /their signatures on feted, -exec m Signature E #orer Insurance Compoy HOME OFFICE: SAN DIEGO, CALIFORNIA CertifiedCopyof POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the EXPLORER INSURANCE COMPANY, a Corporation duly authorized and existing underthe laws of the State of ARIZONA and having Its principal office in the City of San Diego, California, don hereby nominate, constitute and appoint SIOUX MUNYON he true and lawful Attorneys) -In -Fact, with full power and authority hereby conferred in Its name, place and stead, to execute, seal, acknowledge and d@ wr any and all bonds, undertakings, recognizance& or. other written obligations In the nature thereof. This Power of Attorney is granted and Is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the EXPLORER INSURANCE COMPANY at a meeting duly Wed and held on the 22nd day of JULY, 1985, which said Resolution has not boon amended or rescinded and of which the following is a true, full, end complete copy: 'RESOLVED: That the President or Secretary may from time to time appoint Attorneys•In -Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Aemays4n -Fad W4 revoke the Power of Attorney given him or her; and be it further RESOLVED: That tie Attorney -In -Fad may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as Me business of the Company may require, and any such bonds or undertakings executed by any such AttorneyLn- Fad shall be as binding upon the Company as If signed by the President and sealed and attested by On Secretary.' IN WITNESS WHEREOF, EXPLORER INSURANCE COMPANY has caused its official aW to be hereunto affixed and these presents to be signed by its duly authorized officers this 8th day of September, 1989. - Q, LNeug4 EXPLORER INSURANCE COMPANY o�`epeC ~'�ynie SEAL o 0 STATE OF CALIFORNIA %� ieMZA db3f COUNTY OF SAN DIEGO President On this 8th day of Sept., lbefere the subscriber, a Notary Public of the State of California, In and for the County of San Diego, duly commisslor" and qualified, care Bernard Mahn Feldman of EXPLORER INSURANCE COMPANY to me personally known to be the In- dividual and officer described In and who executed the preceding Instrument. and he acknowledged the execution of tM same, and being by me duly swam, deposer h and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding Instrument Is Its Corporate Seat of the said Corporation, and that the said Corporate SW and his signature as such officer were duly affixed and subscribed to the said Instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written. ....1�.. S+_FCaF,. .--- -- I, the undersigned, James W. Austin, III, of the EXPLORER INSURANCE COMPANY, do hereby certity that the original POWER OF ATTM NEY, of which the foregoing Is a full, true and correct copy, Is In full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have heredrito subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 2aXjdayof July 19 93 EXPLORER INSURANCE COMPANY P nNSUgq sEAL c &(/}'VL,4 W r ( d L-3 "— TT - `0�'roaa`eda� V__ swy EXP CAL 37 1 JANIS E. THEODORE L STATE OFF �; SAN IEG COUNTY OF SAN DIEGO a� ws ,s lone 1 1990 _ _ _ _ _ _ _ I, the undersigned, James W. Austin, III, of the EXPLORER INSURANCE COMPANY, do hereby certity that the original POWER OF ATTM NEY, of which the foregoing Is a full, true and correct copy, Is In full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have heredrito subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 2aXjdayof July 19 93 EXPLORER INSURANCE COMPANY P nNSUgq sEAL c &(/}'VL,4 W r ( d L-3 "— TT - `0�'roaa`eda� V__ swy EXP CAL 37 Page 10 . ��.. '?LiA+an�•IYM��wwt+�Y{i: F�1� .wn`';_ _ -__ .IMIi Ii4 w���ii � ern: � It i��h.•i/ r . � iIr' II. PI► C5 '1(VJH11'+C�L.;81'w''F.�,?`t.. MCOVERWAGF. COMPANIES AFFORDING JOHNSON & ASSOCIATES 20201 SHERMAN WAY #206 COMPANY LETTER A TRUCK INSURANCE EXCHANGE CANOGA PARK, CA. 91306 COMPANY B LETTER NATIONAL UNION FIRE INS. CO. PA INSURED AMTS CONSTRUCTION 1813 LAS PAIAMAS DR. COMPANY C LA HABRA HEIGBTS, CA. 90631 LEER 0V_ERAGEap r .. .� _�,,,, �7T . M'" ' UMW. 71Yii�J j➢11a5Mt.''.a'SII.°k'ac�ltld. +r ih '�. 00w L i1 L -� TO CEHTIFY�T:CA OF IIVSU LSTaD BED VE Bc:N 55UED TO iH� INSURED NAMED ABOVE FOR 77�?OI�P_R�{ODf INDIGTcM NOTWI HSTANDNG ANY REOU MEW. 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 POUCIES DESCRIBED HEREIN IS SUBJECT To ALL THE T- -RMS, SCCLIJSIONS, AND CONDITIONS OF S;L= PORKIES AND IS NOT AMENDED. EXTENDED OR ALTERED BY THIS CERTIFICATE C'7'I L TYPE OF INSURANCE I °• I POLICY NUMBER I EFFECTIVE DATE EMRATIONl DATE I ALL LIMITS R1 THOUSANDS GENERAL UABILTTY GENERAL AGGREGATE I $1,000,000 (OLr^uRANCE BASIS ONLY) PRODUCTSICOMPLETEO 51,000,000 COMMERCM COMAPREHENSME TBD 8/10/93 8/10/94 OPERATIONS AGGREGATE A fAVNERS 6 gNTRACTOAS ® PROT,4E PERSONAL INJURY I 1,000,000 CONTRACTUAL FOA SPECIFI^ COMTIU.CT � li : PRODUCTSICOMPL OPER EACH OCCJRANC- I S 1,000,000 f-i XCU HAZARDS I BROAD FORM PROP. DAMAGE SEVEAABIUTY OF INTEREST FIRE DAMAGE CAW ONE FIRE) $ 50,000 CLAUSE ® PERSONAL INJVK'( KITH EMPLOYEE EXCLUSION I MEDICAL EXPENSES S 1,000 REMOVED (ANYONE PERSON) MARINE AUTOMOBILE UASRUTT � 1,000,000 $5 -'>- COMPREHENSIVE BODILY IUUiT Y (PER PERSON) I a B 1 lowD D=LYBUURY -'k•' r HIRED (PEi AE.Umrr PRCPEAIY EXL'EBB UABILTTY EACH I AGGREGATE uMBREISA FORM ' .,, •. CK.':Uf7AENCE 1 OTHER 7X4N UMBRELLA FORM '� S S VATVrORY WORKER"' COMPENSATION 5 EACH ACCIDENT AND S =ME-POUCY UMR EMPLOYERS' LIABILITY 5 DISEASE • F1ACH EMPLOYEE LONCSNORELIENS AND HARBOR' �•6::.);��" „T;,,� :f.'z WORKERS' COMPENSATION STATUTORY r... •.,. - "r_.�.:; - DESCRIPTION OF OPE4AT10NS7L=ATKWW =.JC CSiSiEVMCTION=PECAL ITEMS: ALL OPSIATICNS PERFORMED FOR THE CITY OF NEWPORT BEAC71 BY OR ON BEHALF OF THE NAMED INSURED IN CONNECrON KITH THE,FOLLCWING CONTRACT: 377h, 38th, 39th, 40th and 41st Street Street End Construction, Prospect Street_ Sidewalk Construction PROJECT TITLE AND CONTRACT NUMBER CcrtT1F{CATc� l-iOLDer'i �.1 ° T��� F �sCANCeLI ATION � y S �r SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON - RENEWED. CITY OF NEWPORT BEACH CANCejEO OR COVERAGE F@DUCEO BEFORE THE EXPCAATION DATE THE P.O. BOX 1768 COMPANY AFFORDING COVERACE SHALL PROVIDE SO DAYS MIN. ADVANCE 3300 NEWPORT BLVD. NOTICE TO THE CITY OF NEWPORT 63ACK BY REGISTERED MAIL. NEWPORT BEACH, CA 92689 -1768 a o r' Ld// E 08 -04 -93 - AUTHORVED EPPO NTATIVE ISSUE DATE • • Page 11 GrN£RAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy fcr General Liability, the City of Newport Beach, its officers and employees ire 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 insurances afforded by the policy for Contractual Liability Insurance '(subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision contained in the written contract designated below, between the named insured and the City of Newport Beach. 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 "kU" hazards) are deleted. 5. The limits of liability under this endorsement for the additional insureds) named in Paragraph 1 of this endorsement shall be the limits indicated below written on an "Occurrence" basis: (g) Commercial (x) Comprehensive General Liability 1, ODD, 000 each occurrence $ 1,000,000 aggregate The applicable limit of Contractual Liability for the company affording coverage shall be reduoed by any amount paid as damages under this endorsement in behalf of the additional insured(s). s,gi 0 0 • • Page 11A 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, canceled or coverage reduced before the expiration data thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attaption: Public Works Department. 37th, 38th, 40th 8 41st St. Street End Const. 7. Designated Contract: Prospect St. Sidewlk Const. V nd ;t- Tm l ovement Project Title and Contract No. C -2929 This endorsement is effective AUGUST 10, 1993 at 12:01 a.m. and forms a part of Policy No. TBD of TRUCK INSURANCE EXCHANGE (Company Affording Coverage). Insured: AMTEK 1813 LASPALOMAS DR. LA HABRA HEIGHTS, CA. 90631 ISSUING COMPANY . JOHNSON & ASSOCIATES 20201 SHERMAN WAY #206 CANO PARK, CA. 91306 By; n Authorized Rep sentative 5191 Endorsement No.: 001 Page 12 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 Limite or Single Limit.. ( ) Multiple limits Bodily Injury Liability Bodily Injury Liability $ Property Damage Liability kX) Combined Single Limit Bodily Injury Liability & Property Damage Liability 111 , per perso: per aeciden The limits of liability as stated in this endorsement sha not increase the total liability of the company affording coverage for all damages as the result of any one accident occurrence in excess of the limits of liability stated in t policy as applicable to Automobile Liability Insurance. 5/91 T it 0 Page 12A 4. Should the policy be non- renewed, canceled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 37th, 38th, 40th & 41st St: " Street nd Const. S. Designated Contract: Prospect St. Sidewlk Cons t. 62nd St. Imprgveme Project Title and Contract No. p C -2929 This endorsement is effective AUGUST 10, 1993 at 12:01 a.m. and forms a part of Policy No. TBD of NATIONAL ONION FIRE INS. CO. PA (Company Affording Coverage). Insured: AMM CONSTRUCTION Endorsement No.: 001 1813 LAS PALOMAS DR. LA HABRA HEIGHTS, CA. 90631 ISSUING COMPANY JOHNSON & ASSOCIATES 20201 SHERMAN WAY #206 CAlOGA PARK, CA. 91306 By :GLsO /n Authorized en esentative 8/91 34 � ia:. Page 10 CTICATE PRODUCER COMPANIES AFFORDING COVERAGE WINSTON & ASSOCIATES - INSURANCE BROKERS, INC. COMPANY A REPUBLIC INDEMNITY CO. 400 N. Mountain Ave., Ste 305 LETTER OF T Upland, CA 91,786 COMPANY � LETTER , INSURED AMTEK CONSTRUCTION 1813 Las Palomas Drive COMPANY C LETTER La Habra, CA 90631 1 y J'rlGG�' L yl OVE P RI( D�' , YIIIS 6NrS C€�R B VET U D S R D BOW FO INDICATED. NOTWITHSTANDING Ally REOVIRE19 TERM OR CONOITTWI ANY OONITRACi OR OTHER DOCUMENT WRN RESPECT TO TVNICN THIS COMFrATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 16 SUBJECT To ALL TILE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES AND IN NOT AMENDED, WS400 OR ALTERED BY THIS CERTIFICATE Do TYPE OF INSURANCE FCl1CY NUMBER E1�iCETNE EXPI� a oN ALL UMRS IN THOUSANDS GENERAL UABILITY GENERAL AGGREGATE i (OOCURAwCE BASIS ONLY) PROOUCTS(COMPLETEO COMMEFICWL S COMPREHENSNE OPERATIONS AGGREGATE �• ❑ RO RS & CONTRACTORS ^. PERSONAL INJURY $ f-1 CONTRACTUAL FOR SPECIFIC CONTRACT ❑ PROWC;TS /COMPL OPER EACH OCCURANCE C] XCU HAZARDS ❑ BROAD FORM PROP. DAMAGE SEVERASIIIIY OF INTEREST FIRE DAMAGE S CLAUSE C 4W1 ONE FIRE) ❑ PERSONAL INJURY WITH . EMPLOYEE EXCLUSION MEDICAL EXPENSES i REMOVED (ANY ONE PERSON) MARINE AUTOMOBILE LIABILITY COMBINED COMPREHENSNE SINGLE LIMIT BODILY INJURY = Lt dHNEO (PER PERSON) J" BODILYWJURY fWIEO (PER AOCIDE" :]NON-OWNED I „ . PROPERTY DAMAGE EXCESS LJASILM EACH AGGREGATE UMBRELLA FORM •� OCCURRENCE OTHER TWIN UMBRELLA FORM ' . �. • S STATUTORY '•,f)'l.•a !'Ii�k'•' 'SPA:.QS.'!':: .r•`':• WORKERS' COMPENSATION A AND PC949560 5 -1 -93 5-1-9,s `DDIISFAASE POLICY LIMIT EMPLOYERS' LIABtiTY $1 000 000 DISEASE -EACH EMPLOYEE LONGSHOREMEN'S ANDHARBO r' �'I t :' ' ( ''�'a ' u•.�r'. WORKER COMPENSATION S' STATUTORY f... .L , DESCRIPTION OF OMMTpN6AOCAT gNyvEN1aES(MSTRICTIONSfSPeML ITEMS: ALL OPERATIONS PERFORMED FOR THE CRY OF NEWPORT BEACH BY OR ON BEHALF OF THE NAMED INSURED IN CONNECTION WITH THE FOLLOWING CONTRACT. 37th, 38th, 39th, 40th and 41st Street Street End Construction, Prospect Street Sidewalk Construction T TITLE AN0 CONTRACT NUMBER CRjIFIC,F LDER' - CELLATI !I " ACA 61IOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON-RENEWED. CITY OF NEWPORT BEACH CANCEUEO OR CGYERAGE REDUCED BEFORE TLCE EXPIRATION DATE THE P.O. BOX 1768 COMPANY AFFORDING COVIENAGE SHALL PROVIDE 00 DAYS MIN. ADVANCE 3300 NEWPORT BLVD. NOTICE TO TIE CITY OF NEWPORT'BF�AgT BY REGISTERED MAIL NEWPORT BEACH, CA. 92659 -1768 ATTENTION: P +e_n Luy f�_ AUTI (0(MED�VENTATIVE i • Page 13 WORKERS' COMPENSATION INSURANCE CERTIFICATION "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." C -2929 Contract Number 5/91 37th, 38th, 39th, 40th & 41st St. Street End Const. Prospect St. Sidewalk Const. 62nd St. Street Improvements Title of Project 0 0 Page 14 CONTRACT THIS AGREEMENT, entered into this 11je day of , 1919, by and between the CITY OF NEWPORT BEACH, hereinaf r "City," and Amtak rnnctriirtinn hereinafter "Contractor," is made with reference to the following facts: A. City has heretofore advertised for bids for the following described public work: 37th, 38th, 40th, & 41st St. Street End Const. Prospect St. Sidewlk Const. C -2929 Title of Project 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 specifications by Contractor, NOW, THEREFORE, the parties hereto agree as follows: 1. Contractor shall furnish all materials and perform all of the work for the construction of the following described public work: 37th, 38th, 40th, & 41st Street End Const. Prospect St. Sidewlk Const. C -2929 Title of Project Contract No. which project is more fully described in the contract documents. Contractor shall perform and complete this work in a good and workmanlike manner, and in accordance with all of the contract documents. As full compensation for the performance and completion of this work as prescribed above, City shall pay to Contractor the sum of One Hundred Thirty�'wo Thousand Seven Hundred Seventy -Eight & 45/100 This compensation includes: ($132,778.45) (a) Any loss or damage arising from the nature of the work, (b) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (c) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 5/91 • 0 Page 14A 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated herein by reference as though set out in full and include the following: (a) Notice Inviting Bids (b) Instructions to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and Endorsement(s) (f) Plans and Special Provisions for 37th, 38th, 39th, 40th 41st Street Street End Const. C -2929 Title of Project Contract No. (g) This Contract (h) Standard Specifications of Public Works Construction (current Edition) and all supplements 4. Contractor shall assume the defense of, pay all expenses of defense and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, injury and liability of every kind, nature and description by reason of or arising out of the negligent or willful conduct of the Contractor, his /her employees, agents and subcontractors in the performance of the Project, except such loss or damage caused solely by the active negligence of City or its officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. CITY OF NEWPORT BEACH A Municipal Corporation Amtek Construction Name of Contractor 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS 37th, 38th, 39th, 40th and 41st Street, Street End Reconstruction Prospect Street Sidewalk Construction 62nd Street Improvements CONTRACT NO. 2929 I. SCOPE OF WORK . . . . . . . . . . . . . . . II. CONTRACTOR'S LICENSES . . . . . . . . . . . III. HOURS OF WORK . . . . . . . . . . . . . . . IV. TRAFFIC CONTROL AND ACCESS . . . . . . . . V. COMPLETION, SCHEDULE AND PROSECUTION OF WORK Vi. PAYMENT . . . . . . . . . . . . . . . . . . VII. LIQUIDATED DAMAGES . . . . . . . . . . . . VIII. NOTICE TO RESIDENTS AND "NO PARKING" SIGNS A. Notice to Residents . . . . . . . . . . B. "NO PARKING -TOW AWAY" Signs . . . . . . C. Street Sweeping Signs . . . . . . . . . IX. CONSTRUCTION SURVEY STAKING . . . . . . . . X. WATER . . . . . . . . . . . . . . . . . . . XI. CONSTRUCTION DETAILS . . . . . . . . . . . A. Street and Alley Construction . . . . . B. Irrigation and Landscaping . . . . . . 1 1 1 2 2 3 3 3 3 3 4 4 4 4 4 6 XII. SOLID WASTE DIVERSION . . . . . . . . . . . . . . . . 7 Nei 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS 37th, 38th, 39th, 40th AND 41st STREET, STREET END CONSTRUCTION PROSPECT STREET SIDEWALK CONSTRUCTION 62ND STREET IMPROVEMENTS CONTRACT NO. 2929 SCOPE OF WORK SP 1 of 7 No. 19111 9.4V,91F CIVI The work to be done under this contract consists of— constructing street end improvements; constructing sidewalk; removing and reconstructing street improvements along 62nd Street and Prospect street; adjusting existing City -owned utility frames and covers to finished grade; and other incidental items of work. All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions, (2) the Plans Drawing Nos. R- 5661 -5 and M- 5309 -5, (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1991 Edition); and (4) the Standard Specifications for Public Works Construction, (1991 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department for Five Dollars ($5.00). Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, telephone (213) 202 -7775. CONTRACTOR'S LICENSES At the time of the bid submittal and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License issued by the State of California. At the start of work and until completion of work, the Contractor shall possess a Business License issued by the City of Newport Beach. III. HOURS OF WORK 7:00 AM - 6;30 PM weekdays 8:00 AM - 6:30 PM Saturdays No work will be permitted on Sundays and holidays which disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity. "Holiday" shall be defined as January 1st, the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth thursday in November (Thanksgiving), and December 25th (Christmas). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday. • 0 SP 2 of 7 IV. TRAFFIC CONTROL AND ACCESS The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc. V. COMPLETION, SCHEDULE AND PROSECUTION OF WORK A. The Contractor shall complete all work within sixty (60) consecutive calendar days, but no later than December 15, 1993. The Contractor shall not start work until September 13, 1993. B. The Contractor shall complete all work on each street end or street segment within thirteen (13) consecutive calendar days after beginning work on that street end or street segment. The term "work" as used herein shall include all removals, adjustments, and replacements, and construction of alley approaches, street pavement, curb and gutter, driveway approaches, sidewalk and irrigation. Also included within the specified period is curing time for new P.C.C. improvements. The Contractor must employ sufficient men and equipment to meet this schedule. If it becomes apparent during the course of the work that Contractor will not be able to meet this schedule, he will be prohibited from starting additional work in additional sites 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 will be assessed $500.00 per day (including Saturdays, Sundays and holidays) liquidated damages for each day in excess of the thirteen (13) consecutive days allowed for 100; completion of the construction work at each street end or street segment. Additional liquidated damages shall be assessed for failure to complete the project as specified under Section VII, Liquidated Damages. C. The Contractor shall begin the project with the construction of no more than three (3) non- consecutive street ends. The Contractor shall complete the first group of street ends, including cure time, prior to beginning construction of the final group of street ends. 0 & SP 3 of 7 D. The Contractor is responsible for ensuring the availability of all material prior to the start of work. Unavailability of materials will not be sufficient reason to grant the Contractor an extension of time for 100% completion of work of each street end or street segment. E. No work shall begin until a schedule of work has been approved by the Engineer VI. PAYMENT The unit or lump sum price bid for each item of work shown in 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. Payment for incidental items of work not separately provided for in the proposal shall be included in the unit price bid for each item of work. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. VII. LIQUIDATED DAMAGES Commencing on December 16, 1993, the Contractor shall pay to the City, or have withheld from monies due the Contractor, the daily sum of $500.00 in lieu of the daily sum of $250.00 specified in Section 6 -9 of the Standard Specifications. VIII. NOTICES TO RESIDENTS AND "NO PARKING" SIGNS A. Notice to Residents Forty -eight (48) hours before restricting vehicular access, the Contractor shall distribute to each affected address a written notice stating when construction operations will start and approximately when vehicular accessibility will be restored. The written notices will be prepared by the Engineer. The Contractor shall insert the applicable dates and time at the time he distributes the notices. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor renotification using an explanatory letter furnished by the Engineer. B. "NO PARKING -TOW AWAY" Signs The Contractor shall furnish, install, and maintain in place "NO PARKING -TOW AWAY" signs which he shall post at least 40 hours in advance SP 4 of 7 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 for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimension of 12 inches wide and 18 inches high; and (3) be similar in design and color to sign R -38 on the Caltrans Uniform Sign Chart. The Contractor shall print the hours and dates of parking restrictions on the "No Parking -Tow Away" signs in 2- inch -high letters and numbers. A sample of the completed sign shall be approved by the Engineer prior to posting. C. Street Sweeping Signs After posting "NO Parking -Tow Away" signs, the Contractor shall bag or cover the street sweeping signs in a manner approved by the Engineer. Immediately after completion of the work and upon removal of the "NO PARKING -TOW AWAY" signs, the Contractor shall uncover the street sweeping signs. IX. CONSTRUCTION SURVEY STAKING Field staking control of construction will be provided by the Engineer. X. WATER If the Contractor desires to use City's water, he shall arrange for a meter and tender a $500 meter deposit with the City. Upon return of the meter in good condition to City, the deposit will be returned to the Contractor, less a quantity charge for water usage. XI. CONSTRUCTION DETAILS A. Street Construction 1. Removals and Excavation The work shall be done in accordance with Section 300 - 1.3.2. of the Standard Specifications except as modified and supplemented herein. Final removal at the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. Final removal accomplished by other means must be approved by the Engineer. 0 0 SP 5 of 7 2. Existing Utilities The Contractor shall be responsible for any damages to existing utilities resulting from his operations. The Contractor shall adjust to finish grade all water valve covers, and monuments prior to the placement of pavement. 3. Encroaching Improvements The Contractor shall salvage any brick encroaching in the street end right -of -way in conflict with the work, and stack it neatly on the property adjacent to the street end. 4. Curb and Gutter The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan. 5. Patch Back The Contractor shall patch back AC and P.C.C. within private property at locations shown on the plans in a manner that matches the adjoining private property improvements in structural section, texture and color. 6. Cure of P.C.C. Improvements The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201.1.2 of the Standard Specifications. Said strength may be attained more rapidly to meet the time constraints of Section V.B. herein by the use of additional Portland cement admixtures with prior approval of the Engineer. 7. Water and Sewer Curb Indicators The Contractor shall install or replace curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer lateral and a chiseled "V -x" for a water valve location. "x" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Mr. Peter Antista, at (714) 644 -3011. 0 SP 6 of 7 8. BASE MATERIAL The Contractor may use crushed aggregate base or crushed miscellaneous base as his base material in accordance with Section 200 -2.2 and 200 -2.4, respectively, of the Standard Specifications. 9. ASPHALT CONCRETE Prior to placing A.C., a tack coat of Type SS-1h asphaltic emulsion, at a rate not to exceed one -tenth (1 /10) of a gallon per square yard, shall be uniformly applied to A.C. or portland cement concrete edges against which asphalt concrete is to placed. The surface shall be free of all loose material or dust when the tack coat is applied. The work shall be done in accordance with Section 302 -5 and 400 -4 of the Standard Specifications, except as modified and supplemented below: 1. The surface shall be free of all dirt, debris, water, and vegetation prior to overlay. 2. The asphalt concrete base course shall be 3" of III -B -AR -4000. 3. The asphalt concrete finish course shall be 1" of III -D -AR -4000. B. Irrigation and Landscaping 1. Irrigation The irrigation controller shall be a Rainmaster RME SERIES, 36 station electric Controller, installed in a LA MAX vandal proof stainless steel cabinet. All controller wires shall be 14 gauge multi - strand insulated electrical wire. All irrigation lines and fittings shall be 3/4" schedule 40 P.V.C. The Contractor shall plug and pressure check the irrigation system to 175 P.S.I for a period of one hour. Any leaks shall be repaired prior to landscaping. 2. Landscaping The Contractor shall install two multiple trunk Mediterranean fan palm trees, 24 -inch box, at each street end. The planters, at each street end, shall be landscaped with twenty 5- gallon plants per street end. Each 0 planter shall ladies. Prior shall fill the inches, with a Engineer. XII. SOLID WASTE DIVERSION 0 SP 7 of 7 nave 5 Natal Plum and 5 pink to planting the Contractor planter, to a depth of 6- soil mixture approved by the Unless specified elsewhere in this contract, all non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility which crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnages monthly to the Engineer on a form provided by the Engineer. JUL 1 21993 July 12, 1993 CITY COUNCIL AGENDA ITEM NO. 2 APPROVED f TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: OCEAN FRONT STREET END CONSTRUCTION PROGRAM; PROSPECT STREET SIDEWALK CONSTRUCTION; AND 62ND STREET IMPROVEMENTS (C -2929) TION: 1. Award Contract No. 2929 to Amtek Construction of Los Angeles for $132,778.45, and authorize the Mayor and the City Clerk execute the contract. 2. Approve a Budget Amendment for the construction of roadway improvements on Prospect and 62nd Streets. DISCUSSION: At 11:00 A.M. on July 1, 1993 the City Clerk opened and • read the following bids for this project: Bidder Amount Low Amtek Construction $132,778.45 2 Nobest Const. 133,578.00 3 Damon Const. 143,989.00 4 West Coast Const. 145,486.25* 5 Civil Works Corp. 179,522.00 ** 6 Los Angeles Eng. 185,460.00 The Corrected total bid prices are: 4 West Coast Const. 145,741.25* 5 Civil Works Corp. 172,822.00 ** The low bid is 12.5% above the Engineer's Estimate of $118,000.00. The disparity between estimated and bid amounts is attributed to the inaccessibility of some of the work sites and the difficulty of construction at those sites. • The low bidder, Amtek Construction, is a well - qualified general contractor who possesses a Class A Contractor's License. Amtek Construction has not preformed previous contract work for the City; however, a check with their experience references and the State Contractor's License Board has shown that Amtek has successfully completed previous contracts for the City of Santa Ana, City of E1 Monte, City of Upland and the California Highway Patrol and has no pending actions detrimental to their contractor's license, respectively. 0 .I Subject: Ocean Front Street End Construction Program; Prospect Street Sidewalk Construction; and 62nd Street Improvements (C -2929) July 12, 1993 Page 2 This project provides for the construction and replacement of 6,600 square feet of roadway; 4,865 square feet of sidewalk improvements; 850 linear feet of curb and gutter; and construction of a remote control irrigation system that can be expanded to service future street end construction. Locations are shown on the attached Exhibit "A ". The Ocean Front Street End Improvement Program portion of the project provides for the construction of street end improvements between 37th and 41st Street. Per an agreement with the California Coastal Commission, the City is committed to constructing at least 3 street end improvements per year with funds generated through lease encroachments. These improvements will facilitate access and maintenance of the area. The Ocean Front street end improvements will be constructed after September 15, 1993. The California Coastal Commission has issued Permit No. 5 -93 -114 to the City of Newport Beach for the subject project. Prospect Street and 62nd Street are being constructed under Chapter 27 procedures. Council Memos regarding public hearings were previously submitted for Prospect St. and 62nd St. on May 11, 1992 and October 12, 1992 respectively. The funds being appropriated for this work will be reimbursed to the City by the assessment districts. Funds to award the Contract are available from the following accounts: Account Description Amount Account No. Ocean Front Street End Improv. $100,000.00 7233- 98280019 Prospect & 62nd Streets Improv. 32,788.45 7013 - 98313026 (Budget Amendment) Total $132,788.45 The plans and specifications were prepared by the Public Works Department. The estimated date of completion is December 15, 1993. dtt'-�" a, ?104 Benjamin B. Nolan Public works Director SL: so Attachments :' • • PUBLIC BEACH AREA ------ - - - - -- - - - - - - - - - - - - — �w _ 1 m 0 �� I ENCROACHED AREA REDUCED SCALE o > 0 °o DRIVEWAY II EMERGENCY VEHICLE ACCESS (CONCRETE) 30' SIDEWALK (CONCRETE) — o � I V OI_- W LA1 12.5' 7.5' DRIVE APPROACH (CONCRETE) I STREET PAVEMENT I 3 (ASPHALT) I I 40 LOCATIONS VARY FROM 55' TO 90' 'SERSH®RE DRIVE 14 LOCATIONS @ 75' • CITY ©F NEWPORT ROACH PUBLIC WORKS DEPARTMENT TYPICRL 75 FEET EXHIBIT 8 STREET ENDS (DRAFT) DESIGNED JW DRAWN FT CHECKED JW JDATE 1129191 � 1 Z_ (n I Y V cl� Q W d� I 3 Fs SIDEWALK (CONCRETE) — o � I V OI_- W LA1 12.5' 7.5' DRIVE APPROACH (CONCRETE) I STREET PAVEMENT I 3 (ASPHALT) I I 40 LOCATIONS VARY FROM 55' TO 90' 'SERSH®RE DRIVE 14 LOCATIONS @ 75' • CITY ©F NEWPORT ROACH PUBLIC WORKS DEPARTMENT TYPICRL 75 FEET EXHIBIT 8 STREET ENDS (DRAFT) DESIGNED JW DRAWN FT CHECKED JW JDATE 1129191 r� WALE 1 „=401 �9N� °° w i ,�Alr� PROPOSED 3' WIDE SIDEWALK ON PROSPECT ST. OOR. P.C.H 4p9 4 �p� I'll I O� �oK y 1� ad al-F, PORT iN SHORES I N J.00 E.C.R. 2 +28.00 B.C.R. \ \U1�1\1V mckMA - sit I & R.C. IMPROVEMENTS Y. c ! R 111'1 U +es.UU�II I � II �ac? III M ¢�f '6;s;T5 EDGE OF GUTTER —� - -- IIc� I' I� I I f —JOIN EX. 2 +28.00 B.C.R. —1 - -\\"Z - - -T7 %/% AREA TO . ,:. G'- & CROSS GUTTERS PACIFIC COAST HIMWAY 62nd Street DWROVEMENTS FROM P.C.H. TO NEWPORT SHORES DRIV i= 9B n �� %/% AREA TO . ,:. G'- & CROSS GUTTERS PACIFIC COAST HIMWAY 62nd Street DWROVEMENTS FROM P.C.H. TO NEWPORT SHORES DRIV STATE OF CALIFORNIA —THE RESOURCES AGENCY PETE WILSON, Gowm r CALIFORNIA COASTAL COMMISSION - SOUTH COAST AREA Page 1 of 2 ; s 245 W. BROADWAY, STE. 380 Date: 6 -16 -93 P.O. BOX 1450 Permit Application No. 5 -93 -114 G BEACH, CA 90802 -4416 590.5071 NOTICE OF INTENT TO ISSUE PERMIT On June 10. 1993 , the California Coastal Commission granted to City of Newport Beach Permit 5 -93 -114 subject to the attached conditions, for development consisting of: Construction of street end improvements including roadway, curb, sidewalk, driveway, approach and landscaped planters. more specifically described in the application file in the Commission offices. The development is within the coastal zone in Orange County at Street Ends at 37th 3Bth 39th 40th and 41st streets between Seashore Dr. to Ocean Front, Newport Beach.. The actual development permit is being held in the Commission office until fulfillment of the Special Conditions imposed by the Commission. Once these conditions have been fulfilled, the permit will be issued. For your information, • all the imposed conditions are attached. Issued on behalf of the California Coastal Commission by PETER DOUGLAS Executive Director By: Vall ; . � L/ Title: S aff Analyst`') ACKNOWLEDGMENT: The undersigned permittee acknowledges receipt of this notice of the California Coastal Commission determination on Permit No. 5 -93 -114 and fully understands its contents, including all conditions imposed. • 7- Date T Permf t1ree Please sign and return one copy of this form to the Commission office at the above address. STANDARD CONDITIONS: 1. Notice of Receipt development shall permittee or auth acceptance of the NOTICE OF INTENT TO ISSUE PERMIT Page 2 of 2 Permit Application No. 5 -93 -114 and Acknowledgment. The permit is not valid and not commence until a copy of the permit, signed by the )rized agent, acknowledging receipt of the permit and terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance. All development must occur in strict compliance with the proposal as set forth in the application for permit, subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. • 5. Inspections. The Commission staff shall be allowed to inspect the site and the project during its development, subject to 24 -hour advance notice. 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS: 1. Revised Plans Prior to issuance of the coastal development permit, the applicant shall submit, for the review and approval of the Executive Director, revised plans indicating that each of the proposed street end improvements will provide a minimum of two public parking spaces. • 2. Signed Agreement Prior to issuance of the coastal development permit, the applicant shall submit, for the review and approval of the Executive Director, a signed agreement that each of the public parking spaces provided in conjunction with the proposed improvements shall be metered by June 1, 1994. The agreement shall indicate that the meters will be long term to promote beach goer use of the spaces. 8855E MV /lm GTYO June 14, 1993 CITY COUNCIL AGENDA JUN ' 41993 ITEM NO. 20 • APPROVED TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: OCEAN FRONT STREET END CONSTRUCTION PROGRAM; PROSPECT STREET SIDEWALK CONSTRUCTION; AND 62ND STREET IMPROVEMENTS (C -2929) RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Authorize the City Clerk to advertise for b4ds to be opened at 11:00 a.m. July 1, 1993. 3. Affirm the Notice of Exemptions for the Ocean Front Street End Construction Program, Prospect Street and 62nd Street. • DISCUSSION: This project provides for the construction and replacement of 6,600 square feet of roadway, 4,865 square feet of sidewalk improvements, 850 linear feet of curb and gutter and construction of a remote control irrigation system that can be expanded to service future street end construction. Locations are shown on the attached exhibits. The Ocean Front Street End Improvement Program portion of the project provides for the construction of street end improvements between 37th and 41st Street. The City's Ocean Front Encroachment Permit Policy 11L -14" and Local Coastal Program Land Use Plan Amendment No. 23, approved by the California Coastal Commission on June 11, 1991, established a policy for Ocean Front Encroachments and committed the City to construct three ocean front street end improvements per year in West Newport with funds provided by annual encroachment permit fees. The Coastal Zone Permit for construction of the street end improvements requires the City to agree to maintain a minimum of two parking spaces per street end improvement, and that the spaces be metered in a manner to promote beach goer use of the spaces. These • conditions are consistent with the terms of Amendment No. 23 to the City's Local Coastal Land Use Program Land Use Plan, which was approved by City Council Resolution No. 91 -80 on July 8, 1991. Resolution No. 91 -80 provided for a minimum of two parking spaces per street end, metered in the same manner as West Newport Park in order to encourage public use of the spaces. 0 0 Subject: Ocean Front Street End Construction Program; Prospect Street Sidewalk Construction; and 62nd Street Improvements (C -2929) June 14, 1993 Page 2 Per agreement with the California Coastal Commission, the City is committed to constructing at least 3 street end improvements per year with funds generated by the encroachment permits. These improvements will facilitate access, and maintenance of the area. The Ocean Front Street End Improvements will be constructed after September 15, 1993. Staff has prepared Notice of Exemptions for the Ocean Front Street End Construction Program, Prospect Street and 62nd Street. Staff has determined that the proposed projects are Categorically Exempt (Class 1 and 4) from the provisions of C.E.Q.A. (existing facilities, minor alterations to the land). These documents will be sent to the County Clerk within 5 days after Council affirmation. Prospect Street and 62nd Street are being constructed under Chapter 27 procedures approved by the City Council at hearings on May it and October 12, 1992. The Engineer's total construction estimate is $118,000, which maybe broken down into the following subtotals for each portion of the project. Project Amount Ocean Front Street End Improvements $100,000.00 Prospect Street Improvements $3,000.00 62nd Street Improvements $15,000.00 Total $118,000.00 Sufficient funds to award this amount are anticipated to be available in the Fiscal Year 1993 -94 appropriations for the Sidewalk, Curb and Gutter Replacement Program and the Street Reconstruction Program, and in a carryover of the Fiscal Year 1992 -93 Appropriation for Ocean Front Street End Improvement Program. The plans and specifications were prepared by the Public Works Department. All work should be completed by October 30, 1993. 4r-amin/.JNolan Public Works Director SL: so Attachments • • • r__ PUBLIC BEACH ------ - - - - -- ®® REDUCED SCALE DRIVEWAY EMERGENCY VEHICLE ACCESS (CONCRETE) �L M ------- - - - - --- - _I m ENCROACHED AREA Q U > O� 5' 1 20' 5' i Z Ln V I Y Lj P a_� I I 3 I I •t u; SIDEWALK (CONCRETE) O V m 12.5' 7.5' DRIVE APPROACH ( CONCRETE) I STREET PAVEMENT I 3 (ASPHALT) I I - - -J U � 1 -J-1 -- •I 90 LOCATIONS VARY FROM 55' TO 90' -SEASHORE DRIVE 14 LOCATIONS @ 75' CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT TYPICAL 75 FEET EXHIBIT B STREET ENDS (DRAFT) DESIGNED JW DRAWN ET CHECKED JW JDATE 1/29/91 G WD OS ' 4 gp �Vok Ayy fa \ SCAU 1 "=40' \. APPROVED BY: PROPOSED 3' WIDE SIDEWALK ON PROSPECT ST. OOR. P.C.H DATE: I Ree ` 1 WIN OP 2 11 � _ - 62nd Street ONFROVEMENTS J / 1 7 �:: 'lid ►/ 0•,71 1 ► •'1 7 7 , — i 1 1 a1r I r r � i/ "� 1 •a• a r � • 1 71 _��1►�ii %if FROM P.C.H. TO NEWPORT SHORES DRIVE Auitiodzed b Publish Adverbsements of all kinds VA public notices by Decree of the Superior court of Orange County, California, Number A -6214, September 29, 1961, and A -24831 June 11, 1963 STATE OF CALIFORNIA County of Orange I am a Citizen of the United States and a resident of the County aforesaid; 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 NEWPORT BEACH —COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published on the following dates: June 18, 23, 1993 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on June 23 1993 at Cost ' esa, C ifornia Signature PROOF OF PUBLICATION 46 PUBLIC NOTICE be ro- of the and read by the Cri 14th 'day of E. Raggto, obtain one set of bld tlocu• I finents at no cost at the of- fice of the, Public Works Depad"ntr"n00 NmPon Boulevard, P.O. Box 1768. Newport Beach, CA 92669 1768. For further information, call Stephan Luy. al 644 3311. Publ=shed Newporl BeacnnCosta poesy Daily Pilot June 18;,23, 1993- ...... ,_...._,,._...... FlVW