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HomeMy WebLinkAboutC-3044 - Palm Street Parking Lot0 4 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 January 26, 1996 (714) 644 -3005 Lambaren Contractors, Inc. 23200 olive Avenue Lake Forest, CA 92630 Subject: Surety: American Contractors Indemnity Co. Bond No.: 2233 -11 Contract No.: C -3044 Project: Palm Street Parking Lot The City Council of Newport Beach on December 11, 1995, accepted the work for the subject project and authorized the City Clerk to file a Notice of Completion and 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 December 28, 1995, Reference No. 19950579679. Sincerely, 0f1' 61 &�&, t /✓Q .) LaVonne M. Harkless, CMC /AAE City Clerk LMH:lm cc: Public Works Department 3300 Newport Boulevard, Newport Beach RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Recorded in the County of Orange, California Gary L. Granville, Clerk /Recorder No Fee City Clerk ,/4 �.�. III IIIIIIII! IIIIIII IIIIIIIIi ll11199150579679 09:01am 12/26/95 City of Newport Beach 005 138407 02 19 MB1 3300 Newport Boulevard N12 1 7.00 0.00 0.00 0.00 0.00 0.00 Newport Beach, CA 92663 �I "Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION 'C NOTICE IS HEREBY GIVEN gnat the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as owner, and Lambaren Contractors, Inc., 23200 Olive Avenue, Lake Forest, CA 92630 as Contractor, entered into a Contract on May 25, 1995 Said Contract set forth certain improvements, as follows: Palm Street Parking Lot (C -3044) - located in the City of Newport Beach, County of Orange Work on said Contract was completed on September 14 1995 , and was found to be acceptable on December 11, 1995 by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is American Contractors Indemnity Co., 9841 Airport Boulevard, Suite 1414, Los Angeles, CA 90045 BY PuBtTC Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on Beach, California. r Y City Clerk at Newport C- �yFORM 110 -UF UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT [Civil Code §3262(du4)) The undersigned has been paid in full for all labor, services, equipment or material furnished to Lambaren Contractors on the job of city of Newport Beach (Your cuslan Il+.n located at Fun Zone, Balboa & Palm, Newport Beach, CA and does hereby waive and (m o nptxnt release any right to a mechanic's lien, stop notice, or any right against a labor and material bond on the job, except for disputed claims for extra work in the amount of 0 l�- r ••. PERFORMANCE NURSERY ,n�IOffice Manager NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE CONDITIONAL RELEASE FORM. NOTE: This form of release complies with the requirements of Civil Code Section 3262(d)(4) u.l v M — � c� mcoaao°3c, -8 ro USE REVERSE SIDE AS RELEASE FOR INDIVIDUALS PERFORMING LABOR WAGES _ z §484(b) OF THE CALIFORNIA PENAL CODE PROVIDES IN PART AS FOLLOWS: §206.5 OF THE CALIFORNIA LABOR CODE PROVIDES: "Any person who receives money for the purpose of obtaining or paying for services, labor, materials or equipment and willfully fails to apply such money for such purpose by either willfully failing to complete the improvements for which funds were provided or willfully failing to pay for services, labor, materials or equipment provided incident to such construction, and wrongfully diverts the funds to a use other than that for which the funds were received, shall be guilty of a public offense and punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the state prison not exceeding five years, or in the county jail not exceeding one year, or by both such fine and such imprisonment if the amount diverted is in excess of one thousand dollars ($1,000). If the amount diverted is less than one thousand dollars ($1,000), the person shall be guilty of a misdemeanor." §484(c) OF THE CALIFORNIA PENAL CODE PROVIDES AS FOLLOWS: Any person who submits a false voucher to obtain construction loan funds and does not use the funds for the purpose for which the claim was submitted is guilty of embezzlement." No employer shall require the execution of any release of any claim or right on account of wages due, or to become due, or made as an advance on wages to be earned, unless payment of such wages has been made. Any release required or executed in violation of the provisions of this section shall be null and void as between the employer and the employee and the violation of the provisions of this section shall be a misdemeanoe." §532(e) OF THE CALIFORNIA PENAL CODE PROVIDES AS FOLLOWS: Any person who receives money for the purpose of obtaining or paying for services. labor materials or equipment incident to constructing improvements on real property and willfully rebates any part of the money to or on behalf of anyone contracting with such person, for provision of the services, labor materials or equipment for which the money was given, shall be guilty of a misdemeanor, provided. however, that normal trade discount for prompt payment shall not be considered a violation of this section." FORM 110-UF- 01993 AM. BUILDING NEWS FORM PREPARMPJAMES ACRET aRGIS 83HI0 313ldWOO 01 38ns 39 0 . ............. . — ---------- -- ------- 'OdAcqel ClWee0p0d FrP!A!PUj:0AJreUU6jS) (S06*j,lx)j loqe-j bwueo;jad lenPlpPol )C) . .......... ... ..... . —1--- ---------- (G;uQ) Nat"w"O."C"I mael bo" jiopad ........... — — ............. 1. (Sabe.ffijad eloe 1 jvnpimpul jc avi�vubs� ---------- -- - ... ... ... .. - ---- --------- -- L ....... vigil's �qteo�, c3n - Nq G le-IMME u!fljeu5,� ----------- ....... jsabeM , io, io . ...... ... .. . .......... . . . .... ..... ---- - - 10 0eIjPLQ,,; :5i -- --------- — -- -------- . ... ... .... ....... .... ........ ...... : Z, I e'-'. j o.j I U,;m, . .. .......... ............. . . . .. ......... ......... . ..... . . . ........ — . . ......... ....... ........ ............. ---- RJ.VG OI'III)A NI QIVd N339 3AVH QNV moo do aov:i No aaawosao 103roud 9HI NO S90VM 80:4 HOSVI Q.MHOJW3d 3AVN 03NOISMU30Nn 3HI DEC December 11, 1995 1.9.5 • n qtr • CITY COUNCIL AGENDA ITEM NO. 18 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: PALM STREET PARKING LOT, CONTRACT NO. 3044 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after the • Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. DISCUSSION: The contract for the construction of the Palm Street Parking Lot (formerly Wells Fargo Bank) located at Balboa Boulevard and Palm Street has been completed to the satisfaction Public Works Department. The bid price was $86,593.62 The amount of unit items constructed 86,573.06 Amount of change orders 5,068.41 Total contract cost $91,641.47 A total of three (3) change orders were issued to complete the project. A summary of the change orders are as follows: • 1. Change Order No. 1, in the amount of $3,040.76, provided for the modification to the electrical service connections and the installation of concrete foundations to reinforce bollards against vandalism. 2. Change Order No. 2, in the amount of $500.00, provided for the removal and replacement of a vandalized bollard. SUBJECT: PALM STREET PARKING LOT, CONTRACT NO. 3044 December 11, 1995 Page 2 3. Change Order No. 3, in the amount of $1,527.65, provided for the ! relocation of a pedestal to comply with code requirements. Funds for the project were budgeted in the General Fund - Miscellaneous & Studies, Account No. 7014- C5100261 (Balboa Parking Lot Project). The contractor is Lambaren Contractors, Inc., of Lake Forest, CA. The scheduled completion date was June 23, 1995. Due to extra work and lead time required for fabrication and shipment of the lighting standards, the project was not completed until September 14, 1995. However, the parking lot was opened for public use on July 1, 1995, following a dedication ceremony presented by the Balboa Merchants /Owners Association. Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director By / G / Horst Hlawaty Acting Field Engineer i Stop Notice CALIFORNIA CIVIL CODE SECTION 3103 NOTICE TO City of Newport Beach (Name of Construction Lender, Public Body or Owner) P. 0. Box 1768, 3300 Newport Blvd., Newport Beach, CA 92658 (Address) (If Private Job — file with responsible officer or person at office or branch of construction lender administering the construction funds or with the owner — CIVIL CODE SECTIONS 3156 - 3175) 11 - . _ (If Public Job — file with office of controller, auditor, or other public disbursing officer whose duty it yob niak(L payments under provisions of the contract — CIVIL CODE SECTIONS 3179 - 3214) y, Prime Contractor: Lambaren Contractors Sub Contractor (If Any) "j nnT 9 Owner or Public Body: City of Newport Beach cn.c:iN ek f Improvement known as Fun Zone, Balboa & Palm, Newport Beach, CA' N 'rp3l =eacH (Name and address of project or work of improvement) in the City of Newport Beach County of Ora State of California. Performance Nursery Claimant,a Sole Proprietorship (Claimant) (Corporation /Parinership/Sote Proprietorship) furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment, or materials is Lambaren Contractors (Name of Subcontractor /Contractor /Owner- Builder) The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was Plants, shrubs and trees Total value of labor, service, equipment, or materials agreed to be furnished......... $ 2,904.82 Total value of labor, service, equipment, or materials actually furnished is............ $ 2,9Q4.82 Credit for materials returned, if any ............................... ............................... $ .00 Amount paid on account, if any .................................... ............................... $ .00 Amount due after deducting all just credits and offsets ...... ............................... $ 2,904.82 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of $ 2 , 904. 82 and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A bond (CIVIL CODE SECTION 3083) is not attached. (Bond required with Stop lis /is nor) Notice served on constructions lender on private jobs — bond not required on public jobs or on Stop Notice served on owner on private jobs). Date 10 -18 -95 Name of Claimant Performance Nursery (Firm Name) <<. ULucl 11O0c-)o 0 omcimz� oEF yy :erg foil vm By VERIFICATION the undersigned, state: I am the Office Manager ('Agent of'; "President of': A Partner op; "Owner of'; etc.) the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or delcare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on October 18, 19 95 , at Lonq Beach, State of CA (SignatLW of Claimant or Authorized Agent) REQUEST FOR NOTICE OF ELECTION (Private Works Only) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope to the address of the claimant shown above. This information must be provided by you under Civil Code Sections 3159, 3161 or 3162. Signed: (C/oimant must enclose self addressed stamped envelope) BICA FORM 4 (FSNOI) 111189 E 0 GIBBS, GIDEN, LOCHER & ACRET ATTORNEYS AT LAW ONE CENTURY PLAZA, 34+. FLOOR KENNETH C, GIBBS JAMES L. FERRO 2029 CENTURY PARK EAST LARRY T LASNIH MATTHEW P. NANNY JOSEPH M. GIDEN NORMAN D. BOWLING SHARON E. FOSTER DANA, WILLIAM D, LOCHER BARBARA R, GADBOIS LOS ANGELES, CALIFORNIA 900(37-3039 SUSAN q. DE JILL R. HrCTEK GLENN E. TURNER, SII JEAN M. BINDB TELEPHONE 13101 552 -3400 NT ROBERT E. KENT STEVEN R, CUNER CVNEO. JR. GERALD A. GRIP FIN PETER F. LEON F MEAD II OF COUNSEL ANYA STANLEY A GERBER PEGGY A. GERBER FACSIMILE (310) 552 -0805 MICHAEL 1. GIDEN JAMES ACRET S ACRE DAME JAMES O. HU LT2 ROBERT R. JR. BARBARA L HAMILTON JOHN X.. STEPHENS BMITX JERIEL SMITH MARY A. LA.ON GARY E. SCALAB RINI BARRY C.. VAUGHAN THEODORE L. SENET R RICHARD J. WITTBROOT J WITTBR XOLLIS TAYLOR RONALD B. $OPEN SOFENN October 18, 1995 OUR FILE N09896.108 VIA CERTIFIED MAIL RETURN RECEIPT REOUESTED City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92659 Attn: City Clerk Re: Stop Notice Claim of Catalina Pacific Concrete Project: Palm Street Parking Lot - Contract No. 3044 Contractor: Lambaren Contractors, Inc. Dear Sir or Madam: This office is legal counsel to California Portland Cement Co. dba Catalina Pacific Concrete with respect to its stop notice claim in the amount of $8,477.48 for ready -mixed concrete furnished to Lambaren Contractors for use on the above - referenced project. Enclosed please find an original Stop Notice. Pursuant to the California Civil Code, you are required to withhold sufficient funds to satisfy this stop notice claim along with interest and court costs as provided by law. Please contact the undersigned upon your receipt of this Stop Notice to confirm receipt of same and that funds are being withheld to satisfy the claim. Please contact comments concerning assistance. JDL:nm Enclosure cc: °Catalina Pacific SS \CALPORT \LAMBAREN \CITY.NB the undersigned with any questions or this matter. Thank you very much for your tz LOCHER & ACRET Concrete (w /enclosure) zr q .. ,' `:f. ",ir ;kt %: FORM 107 STOP NOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS (Public or Private Work) y (Per California Civil Code Section 3103) TO: City of Newport Beach (Name of owner, public body or construction fund holder) 3300 Newport Boulevard (Address. H directed to a bank or savings and ban assn., use address of branch holding fund) Newport Beach, CA 92659 (City, state and zip) Attn: City Clerk California TAKE NOTICE THAT PROJECT: Palm Street Parking Lot Contract 48Te) 3044 Newport Beach, CA (City, were and zip) (Name of me parson or firm claiming Me slop haul ucensBO comwors must use me name Under which COIIVaElel9 sMrOe Is Issued) whoseaddressis 2025 East Financial Way, Glendora, California 91740 (Address of person or, Min claiming slop notice) Palm Street Parking Lot — has performed labor and furnished materials for a work of improvement described as follows: Contract No. 3044 (Name and location of me project where work or materials were furnished) The labor and materials furnished by claimant are of the following general kind: ready -mixed concrete (General descriptnn of work and materials furnished) The labor and materials were furnished to or for the following parry: Lambaren Contractors, Inc. (Name of party who ordered the work or materials) Total value of the whole amount of labor and materials agreed to be furnished is .................. ............................... $ N/A The value of the labor and materials furnished to date is .......................................................... ............................... $ 8,477.48 Claimant has been paid the sum of: $ -0 and there is due, owing, and unpaid the sum of: $ 8,477.48 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and r sonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for t s to r your hands. California Portland Cement Co FIRM NAME dba Catalina Pacific Concrete By (Name of stop notice claimant — see instructions for details) (Ow r r a epl or m nofice f an ust sign here and verily below) James D Lioscitultz sa VERIFICATION a I, the undersigned, say: I am the Authorized Agent the claimant named in the (-President dt' - Manager ot,' -A partner of.' 'Owner of.' etc.) foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the Stale of California to the foregoing is true and correct. Executed on October If ,1995 ,at Los Angel �i nj. (Date this document was signed) (Name of City where sto ofic sg j the Stop Notice ere We) REQUEST FOR NOTICE OF ELECTION (PRIVATE WORKS ONLY) (Per California Civil Code Section 3159, 3161 or 3162) It an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3256 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161 or 3162. Signed (Claunam must enclose salt addfessed stamped envelope) SEE REVERSE SIDE FOR COMPLETE FORM 107 - 01993 A �° BUILDING NEWS FORM PREPARED BY JAMES ACRET mon?V M 7iis; 1, o5 a 7Jci!3 Jib, I. snot ,:d the o.- ary nna!- conta o-F,11— 1­ -1-je- a Jr oyfice, xr,rork, the stop notice may be flie kmith the owna' O� thE) projeot Jr wlth In-- cnnstrj:;Jo;: 0, ?Sc;Z1.,,' holder hoizjing const.-uctiori rmds. KI 7 .7 SI.-ne'ure: If the claimant o` the stop 'notice is a- corporation, a-. Dfficer oi manaoing am, s;g .-.. If the claimani ;s a panne by a paarier.or ma7­,agi, ig arnpioyse should sign. " t f S t a sols ,- proprieio,,ship, whether _')� not dli,.Ig bL.sij .. es ur.d-.- a fictitjoiUs -igma, the OVJ 2r of 'the b S;nqas or a managing a mpioyee should'sign. See example: CORPORk-NOW1 'Fic'EUDUS Reims) Firm Name JOHN ELECTRICAL CO., INC. =i,st Name SPEEDY Cl" ELE, I RI L B By y V L/ IP CiE-ORS41F (3wn Namt) RAR7NERSIA Firm Name JOHNSON ELECTRICAL CO. Firm Name SID JOHNSON ELECTRICAL CO. By L/ Verificatiorr7his is a declaration under penalty of partury lfit.is signed in the State of California, it does not have to be notarized. However, to be valid, the verification must contain the date, the city where signed, and the signature. See above.for example: it jr 21 It !I ip LL i Is If WOO z Ci CF oz 1 C? 2 ii G 0 0, z6G V. A.- Ca 0 jl Lt U_ Iz 0 'jj,� i Z LU LLI 4 0. CWn o " Z)Dj: .. ...... 7;D, 7h1s a no'ic-e 0.� 0 VC&E loi-ice 0: C .TztDn was I 'a-A. KI 7 .7 SI.-ne'ure: If the claimant o` the stop 'notice is a- corporation, a-. Dfficer oi manaoing am, s;g .-.. If the claimani ;s a panne by a paarier.or ma7­,agi, ig arnpioyse should sign. " t f S t a sols ,- proprieio,,ship, whether _')� not dli,.Ig bL.sij .. es ur.d-.- a fictitjoiUs -igma, the OVJ 2r of 'the b S;nqas or a managing a mpioyee should'sign. See example: CORPORk-NOW1 'Fic'EUDUS Reims) Firm Name JOHN ELECTRICAL CO., INC. =i,st Name SPEEDY Cl" ELE, I RI L B By y V L/ IP CiE-ORS41F (3wn Namt) RAR7NERSIA Firm Name JOHNSON ELECTRICAL CO. Firm Name SID JOHNSON ELECTRICAL CO. By L/ Verificatiorr7his is a declaration under penalty of partury lfit.is signed in the State of California, it does not have to be notarized. However, to be valid, the verification must contain the date, the city where signed, and the signature. See above.for example: it jr 21 It !I ip LL i Is If WOO z Ci CF oz 1 C? 2 ii G 0 0, z6G V. A.- Ca 0 jl Lt U_ Iz 0 'jj,� i Z LU LLI 4 0. CWn J _ .ec jp STOP NO L,EitiA4'NOTICE TO WITHHOLD CON, ION I NpS' (Public or Private Wo (Per. California Civil CS>'de Sect1 ►: 03) TO• • City of- Newport Beach PROJECT 1alm street Parking Lot ( Nameof owner, pubic body or construction fund hoiderg Contract 116'^03044 . 3300 Newport :Boulevard (Address. n directed so bank a save" and loan assn., use address of (Address) Newport Beach, CA 92659 Newport Beach, CA, (City, state end zip) (City, state and! zip) Attu: City Clerk TAKE NOTICE THAT California Portland ' IName of the aerean or firm clamirw tlw star whoseaddressis 2025 East Financial Way, Glendora, California 91740 1. '.( (Address of persyn_ or firm dekniig stop nonce) . BtA1�r..S1=Yleet jj,"wi,4 Lot,. has'performed labor and furnished materials fora work of impidrvementtlescribed as follows: Con *_Tact No. 3044 _ ` <_.., ♦ - '(Name and lobavon of the project where work or materials were furnished) ready —mixed concrete The labor and materials furnished by claimant are of the following general kind: (General description of work and materials furnished) The labor and materials were furnished to or for the following party: Lambaren Contractors, Inc. (Name of parry who o eyed the work or materials) Total value of the whole amount of labor and . materials agreed to be furnished is ................ ...._.;,....:.::............... $ N/A The value of the labor and materials furnished to date is ................... : ................................... $ 8.477.43 Claimant has been paid the sum of ...... ............................... .......... $ —0 : and there is due, owing, and unpaid the sum of: > ....... $. 8,477.48 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and ryasonable costs of litigation, as provided by law., You are also notified that claimant claims an equitable lien against any construction funds for s j r n your hands..' California Portland Cement Co FIRM NAME dba Catalina Pacific Concrete g (Name of stop nofice dulmard— see instructions for details) Y _ (Ow ry must sign fore and verity VERIFICATION i . .. ,. ,...,.•rf Authofi zed -- xjent`K I, the undersigned, say: I am the the claimant names in the ( "President of," •Manager of,' A Penner of; "owner or elf.) foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California t/h/at the foregoing is true and correct. / Executed on October 117 ,1995 ,at Los Anaele.6' / i n'. (Cate this documem was signed) (Name of dry whore st sig ) Z �� 11 REQUEST FOR NOTICE OF ELECTION " (PRIVATE WORKS ONLY) (Per Califomia Civil Code Sectlon.3159, 3161 or 3162) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded In accordance with Sections 3256 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161. or.1162. Signed (Claimant must enclose self addressed stumped envelope) FOR COMPLETE INSTRUCTIONS FORM 107 - 01993 A r,. BWLDING NEWS FORM PREPARED BY JAMES ACRET Alp aql'@lelp aq; :..eijoD jsnw uoijeoijuF s ;eo.p 'Piiwopjeo jo ajpiS ay, u, p,�ef!b!s si ji 11 -Ajnfj,4, 0, I DT12 NOSMA01 CIIS w a WJ1 . 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FORM 107 STOP NOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS (Public or Private Work)' (Per California Civil Code Section 3103) TO: testy of Newport Beackl (Name of owner, public body or construction hind holder) 3300 Newport Boulevard (Address. If directed to a bank or savings and loan assn., use address of branch holding fund) Newport Beach, CiA 92G5:3 (City, sate and zi)) Iatn: Cizy Clefk TAKE NOTICE THAT _. (Name or me permn or whoseaddressis 2025 East Financral PROJECT: Pali., street Parking Lo: Cuntract 9NP:'a)3044 . (Address) licwpurL Beach, CA (Cay. slate and rip) t/ reSa m person or nrm GJecreg xop..I palm :;treat Parking LOL — has performed labor and furnished materials for a work of improvement described as follows: C.olltr'aCt No. 3044 (Name and location of me project where work or materials were hrmishod) r E:aCiy-mi Se:d COnC:retL- The labor and materials furnished by claimant are of the following general kind: (General description of work and materials furnished) The labor and materials were furnished to or for the following parry: LanlLcren Conti actors , 'Inc. (Name of party who ordered the work or materials) Total value of the whole amount of labor and materials agreed to be furnished is .................. ............................... $ N/A The value of the labor and materials furnished to date is .......................................................... ............................... $ k;, 477. 4:1 Claimant has been paid the sum of: ........................................................................................................................... $ -0 and there is due, owing, and unpaid the sum of: $ b, 477. So You are required to set aside sufficient funds to satisfy this claim with interest, court costs and rgasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for tiffs prdjee4/W4 h-gr 'n your hands. Cal:;.fui:n;.a PozLlai.d Ceman'- Co �/ FIRMNAME QLa CaLalina Pai:ific Concrete By J (Name of stop notice claimant —see instructions for details) Ow r W of n0 c a must sign here and yor Jame 2- to-PS.0 U tz, 'SCE. VERIFICATION Authorized Agent' I, the undersigned, say: I am the the claimant named in the ("President of; `Manager of.' 'A partner of,''Demer pd.' etc.) foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on u.aoLer I C , 19g =, at Los in eie6� "� CaI�rnia. (Date this document was signed) (Name of city where st0 'noti sigy e) f' REQUEST FOR NOTICE OF ELECTION (PRIVATE WORKS ONLY) (Per California Civil Code Section 3159, 3161 or 3162) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded In accordance with Sections 3256 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161 or 3162. Signed (Claimant must enclose sea addressed stamped envelope) SEE REVERSE SIDE FOR COMPLETE INSTRUCTIONS FORM 107 - 01993 A L :LIU,,, BUILDING NEWS FORM PREPARED BY o g is vF 3y° Az U) 'U m 0 K IM z 0 0 m K Tl m 0 0 rn m 'n m 0 R aidwi; i.A'z 044 PLIE 1O .... . aql P!IL/, 3.. -APIJ jC)1.1 ii,.;,po !0 -01?1s E)44 W PE'Ur ;o AlIpued ja : el A 1z, fl-J'A"Ej NM'-.':! al 3i' I> o I, A., A A(, I 1,:t 0 w.;j qq! ➢ -U& p!ncqcz mul)?d 1, leq A CAP zz -9Oz 01 Om 00 zm o U) 'U m 0 K IM z 0 0 m K Tl m 0 0 rn m 'n m 0 R S331.10N dOiS iII08V aidwi; i.A'z 044 PLIE d4T 3118P .... . aql P!IL/, 3.. -APIJ jC)1.1 ii,.;,po !0 -01?1s E)44 W PE'Ur ;o AlIpued ja : el A 1z, fl-J'A"Ej NM'-.':! o I, A., A A(, I 1,:t w.;j qq! ➢ -U& p!ncqcz mul)?d 1, leq A S331.10N dOiS iII08V el A 1z, S331.10N dOiS iII08V 11 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 (714) 644 -3005 TO: PURCHASING /FINANCE DEPARTMENT FROM: CITY CLERK DATE: May 25, 1995 SUBJECT: Contract No. C -3044 Description of Contract Palm Street Parking Lot Effective date of Contract May 25, 1995 Authorized by Minute Action, approved on May 22, 1995 Contract with Lambaren Contractors, Inc. Address 23200 Olive Avenue Lake Forest. CA 92630 Amount of Contract Wanda E. Raggio City Clerk WER:pm Attachment 593.62 3300 Newport Boulevard, Newport Beach is • r � L_J TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: PALM STREET PARKING LOT (C -3044) RECOMMENDATIONS: DISCUSSION: May 22, 1995 CITY COUNCIL AGENDA ITEM NO. 10 .r cm MAY 21995 1. Approve a budget amendment to transfer $8,200.00 from the Offstreet Parking Fund to Account No. 7014P301261A. 2. Affirm the Categorical Exemption of Environmental Impact. 3. Approve the Plans and Specifications. 4. Award Contract No. 3044 to Lambaren Contractors, Inc. of Lake Forest for the Total Bid Price of $86,593.62, and authorize the Mayor and the City Clerk to execute the Contract. This project provides for construction of a City parking lot along Palm Street between Balboa Boulevard and Bay Avenue, on the site of a former Wells Fargo Bank and parking lot. The work will include removing the existing parking lot, regrading the site, reconfiguring and reconstructing the parking lot, relandscaping, and installing new lighting and irrigation systems. While a temporary ATM is currently in service at the northwest corner of the site, Wells Fargo Bank will soon replace this temporary unit with a new permanent ATM kiosk. A fairly large area along the Balboa Boulevard side of the site has been reserved for future beautification by the Balboa Merchants' Association. A modest amount of plant material will be installed in this area as part of the City's contract work. At 9:00 A.M. on May 12, 1995 the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID PRICE Low Lambaren Contractors, Inc. $86,593.62 2. Excel Paving Company $95,932.00' 3. Wakeham- Baker, Inc. $109,995.00" 4. Gillespie Construction, Inc. $115,924.00 5. LGT Enterprises $119,907.00 0 0 SUBJECT: PALM STREET PARKING LOT (C -3044) May 22, 1995 Page 2 6. Cl ?yton Engineering, Inc. 1 7. D@mon Construction Co. & Margaret A. Rullo J.V. i * Corrected Total Bid Price is $93,932.80. ** Corrected Total Bid Price is $110,200.70. $122,631.00 • $184,679.25 The low total bid price is 19% above the Engineer's construction estimate of $73,000.00. The low bidder, Lambaren Contractors, Inc., is a well - qualified general engineering contractor who has successfully performed previous contract work for the City. Funds for award are proposed from the following budget appropriations: Description Account No. Amount Balboa Parking Lot Project 7014P301261A $78,400 Budget Amendment Offstreet Parking Fund $ 8.200 Total $86,600 The contract specifies that all work shall be completed on or before June 23, • 1995. Failure to complete the work by this date will result in the assessment of $250.00 per calendar day liquidated damages against the Contractor. Conversely, completion of work in advance of June 23, 1995 will result in the payment of a $250.00 per work -day incentive bonus to the Contractor, up to a maximum of $2,500.00. Plans, Specifications and Estimate for this project were prepared by Pedersen & Associates and by Public Works Department staff. Staff has also obtained the Coastal Development permit for the project. (04, WLL Don Webb Public Works Director FT:so Attachment • N 00 00000000000000000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ',nmt�.+ov�0000000000 ' W O a. � on U �N-- �/I w O o00000000000000000000� 'a � o o a a cam f 4 OA O O O O O O O O O O O O O O O O O O O O O p O U F O P Q • N MMN-+ Q vi ,A v a H U � o .O P U O v UO V�o I h W o o ^ V.�l u b � O W 0 >�Uu 0 0 y �, v .a U U p N(j o u a d o� 0 .aU P. cm : C. � E L W m U Vi ��°gAaggaP:ggw aC7N �c M o 0 o 0 0 0 0 0 c i it QI U 12) uuuuUuuuu4134 s 4 C C � VV i f 00 00000000000000000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ',nmt�.+ov�0000000000 ' O 4 a. c t� O N NGI byC CG tton GC b00Q 00p b V10 �-. �--,M V1 ['�D OI�NNOOh 0`00,0 -I n �-+1+1 N +�D �N-- �/I O '� o00000000000000000000� 'a � o o Cl) 0 P. cam f 4 O O O O O O O O O O O O O O O O O O O O O p s Q 00'+h O, M �D O NYJ 000000 000 C O 'h 00 �O �'+hh O,D 00 vt OOOOOOOOQ �O O N000 �'.N --ENO b�O OEM O 0P DOO bh bN Y � Q QM. --iN Q bTO UQ M.V--^i W. --"00 ,D Pa O O O O O O O O O O O O O O O O O O p 0 0 W x/)00 b V1 h 000 N M OOOOOOOp 00 {.. �P. 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[ij 000,D N N,P OG 0O. v1 x1000000000 Q�i� ° °0 °0 ° °vi vim 00 o°o 0000000000000000000000 z 0000000000000000000000 O OC x, 00U h'.- +Mt�ih -+ NN V1 �0MM�00p N NrW� r Wf'" W d 000000000000000000000 z���� `[i]OOOx100000000000000000 ;0o�x;x;�o0��00x;o0x;x,000x;¢ a x1 0 0 M Q O O h O h N h 0 0 h Q F N MMN-+ Q vi ,A v a H U � o .O P U O v UO V�o I h W o o ^ V.�l u b � O W 0 >�Uu 0 0 y �, v .a U U p N(j o u a d o� 0 .aU P. cm : C. � E L W m U Vi ��°gAaggaP:ggw aC7N �c M o 0 o 0 0 0 0 0 c i it QI U 12) uuuuUuuuu4134 s 4 C C � VV i f N W O N a U P4 w O U r 0 0 Z O U W F O H x ° u a � Q a 00 a W z3 • CY NMMN -+ „MyQ N- wV°iwvi vF' w w o.aFH v .aoc--i l CA vi vvi v vvi vi v; u o U � K� a 0 o v m a UU w° bo co �a U W a.W uNa > UU� °'a o oU �bw,3 �"'o N 0 cj �oy�U00UV 00 c'oUF d �cl:a;6¢UUa ob UCO 'v �`oe oU W�`� +y 0 0 0 0 0 oa a a. a.. a wA.47Ur�* M gp gong 20 QUUUUUUUUUP�aa�a�a�a J • • 0 0 0 0 V1 O O O O O O O O O O O O O O O O N 000 O NO v10 00 x100000000 O O N O N O Q b M h Q O V1 r O O O O .-, O Q O h M 00 -� MObb000000x1M f. b C` O OO h 00 N O� b O W Q b 0 V1 N b O V_l O N Q N Q Q ubl Ox1 E M O 1 00 U q c' m Vt .-. O¢d N U« 0 0 0 0 h V1 0 0 0 0 0 0 0 0 0 0 0 O 0 0 O CO � H U ONO h Q O�MMOt� 00000000 M N �Qj 000000 x1 M O Q O Mv10 hi 00N b ✓1Nbh b NVI O� l7 �_ O O O O O O O O O O O O O O O O O O O O O p 0 0 0 h x1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p OOOO.h 00000-- �v10000000000 ' O OOM Q Nb 0000h O x10000000 x1 o �j U � O V7 M M b W Q O M N x1 -� h h O W O O 00 W� C N N . y W 000 h x'10000 x10000000000 O O °'�U 000 Q M vl O X00 v1 v10000000001n OR rho N C4 00(V OM (O O O O O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Z O O O O O O O O O N V1 O O O O O O O O O O �D �D r 000 �Q D\ Ox10� 00000000000 C t� Q 16 xl O+ 04 06 'F �O N " � ,K 6 � Lw 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W FU000xlvooxi6 \60:6 6 6 6 6 00000 f-' (� 000 N Nx10 0000 ut x1000 h VlOh 00x1Qt-0 ra CY NMMN -+ „MyQ N- wV°iwvi vF' w w o.aFH v .aoc--i l CA vi vvi v vvi vi v; u o U � K� a 0 o v m a UU w° bo co �a U W a.W uNa > UU� °'a o oU �bw,3 �"'o N 0 cj �oy�U00UV 00 c'oUF d �cl:a;6¢UUa ob UCO 'v �`oe oU W�`� +y 0 0 0 0 0 oa a a. a.. a wA.47Ur�* M gp gong 20 QUUUUUUUUUP�aa�a�a�a J • • )\ � �- �` ƒ. � A V A V U .. ! � �. � � � � � � � �. i§ ,. R §d |/ . | ! § / g[ `�� ,I . | .0 j £ �.\ . . - § § ! ; ( §| | | |!| | | | | | | !!| !! | || •| ( § | cc cc � �- �` ƒ. � A V A V U .. ! � �. � � � � � � � �. ) � ƒ . � ;I |! i§ ,. R §d |/ ' | ! § / g[ `�� ,I . E .0 �.\ . . - § § ! ) � ƒ . � ;I |! City Clerk's Copy NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, at 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, Ca. 92658 -8915 until 9:00 AM on the 12th day of Mav, ,1995. at which time such bids shall be opened and read for: PALM STREET PARKING LOT Title of Project 3044 Contract Number $73,000 Engineer's Estimate 4 a�W PpRT ., u � r Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA 92658 -8915. For further information, call Fong Tse at (714) 644 -3340. Project Manager To the Honorable City Council City of Newport Beach P.O. Box 1768 Newport Beach, CA 92659 -1768 Gentlemen: 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL PALM STREET PARKING LOT CONTRACT NO. 3044 PR 1.1 The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all work required to complete this Contract No. 3044 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following units prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization @ Three Thousand Dollars and NO Cents S 3,000.00 Per Lump Sum 2. Lump Sum Demolition and Removal of Existing Parking Lot @ Seven Thousand Dollars and No Cents $ 7,000.00 Per Lump Sum 3. 1 Construct Curb Inlet T,,vo Thousand Each @ One Hundred Dollars and No Cents S2 100.00 S2, inn nn Per Each 0 PR 1.2 ITEM QUANTrFY ITEM DESCRIPTION UNrr TOTAL AND UNrr UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. E 21 7 8. Q 10. 282 Construct 6" P.C.C. Pavement Sq. Ft. @ Four Dollars and Six. Cents Se. Fn S�7g7 7n Per Square Foot 385 Construct 4" P.C.C. Sidewalk Sq. Ft. @ Three Dollars and Twenty -Five Cents $,3.25 S 1,251.25 Per Square Foot 308 Construct Variable Height Curb Lin. Ft. @ Fl avan Dollars and Twenty -Five Cents $ 11.25 S3,465.00 Per Linear Foot 293 Construct 4" Aggregate Base Tons @ Twenty -Two Dollars and Sixty Cents $ 22.60 S 6,621.80 Per Ton 178 Construct 3" A.C. Pavement Tons @ Forty-nine Dollars and Eighty -Four Cents S 49.84 $ 8,871.52 Per Ton Lump Sum Construct 4" Colored Textured Concrete with Curb Seven TTh usand @ Fi nhty - Savon Doum and No Cents $ 7,087.00 Per LUMP Sum 1342 Construct 6" Colored Textured Concrete Sq. Ft. @ Fnnr Dom and Ninety Cents $4.90 S 6.575.80 Per Square Foot E 0 PR 1.3 ITEM QUANTITY AND UNIT ITEM DESCRIPTION UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 11. 455 Construct 6" P.C.C. Banding Sq. Ft. @ Seven Dollars Fifty and Cents S7.50 S3,412.50 Per Square Foot 12. Lump Sum Parking Lot and Curb Striping and Painting One Thousand @ Seventy -Seven Dollars and Fifty -Five Cents 11,077.55 Per Lump Sum 13. 1 Relocate Traffic Sign Each (). One Hundred Fifty Dollars and No Cents S 150.00 5150.00 Per Each 14. Lump Sum Install Parking Lot Electrical System Two Thousand @ Five Hundred Dollars and No Cents S2,500.0 Per Lump Sum 15. 5 Install Parking Lot Lights Each @ One Thousand Dollars and No Cents 51.000.00 5 5.000.00 Per Each 16. 20 Install P.C.C. Bollards with Steel Each Eye Bolts and Chains @ Thraa Hundred Finhty Dollars and No Cents $380.00 $7,600 00 Per Each 17. 12 Install Parking Meter Posts Each @ nno Hiindrcd Tan Dollars and No Cents S 110.00 $1,320.00 Per Each Eighty -Six Thousand Five Hundred Ninety -Three Dollars Sixty -Trio and Cents $86,593.62 TOTAL BID PRICE (WORDS) TOTAL BID PRICE (FIGURES) 5 -12 -95 Lambaren Contractors, Inc. Date (714) 859 -7104 (714) 859 -7797 FAX Bidder's Telephone Number 453493 "A" Bidder's License No. and Classification :T.„ S /Juan T. Lambaren, President Bidder's Authorized Signature and Title 23200 Olive Avenue, Lake Forest, CA 92630 Bidder's Address PR 1.4 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 18. Lump Sum Install Irrigation System Seven Thousand @ Seven Hundred Fi fty Dollars and No Cents 750.00 Per Lump Sum 19. Lump Sum Install Landscaping Three Thousand Four Hundred @ Thirty -Five Dollars and No Cents $ 3,435.00 Per Lump Sum 20. Lump Sum Install Ground Cover Seven Hundred @ Sixty -Five Dollars and No Cents $ 765.00 Per Lump Sum 21. 14 Plant 24" Box Trees Four Hundred Each @ Fifty -One Dollars No Cents $451.00 $ 6 , 314.00 Per Each Eighty -Six Thousand Five Hundred Ninety -Three Dollars Sixty -Trio and Cents $86,593.62 TOTAL BID PRICE (WORDS) TOTAL BID PRICE (FIGURES) 5 -12 -95 Lambaren Contractors, Inc. Date (714) 859 -7104 (714) 859 -7797 FAX Bidder's Telephone Number 453493 "A" Bidder's License No. and Classification :T.„ S /Juan T. Lambaren, President Bidder's Authorized Signature and Title 23200 Olive Avenue, Lake Forest, CA 92630 Bidder's Address • • 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 lot 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 total bid prices. 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 0 0 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 coy authorized by the corporation. shall be of a general partner. shall be of the owner. signatures and titles of persons the bidder. For corporations, the -porate officer or an individual For partnerships, the signatures For sole ownership, the signature 453493 "A" Contractor's License No. & Classification Lambaren Contractors, Inc. Bidder 5-12-95 Date 5/91 [/l an T I ar�haran Prasidant Authorized Signature /Title Page 3 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Subcontract Work Subcontractor Address 1. 2. 3. 4. 5. 6. 7. S. 9. 10. 11. 12. �. •� 5/91 S/ an T arhar�p Prasirlanfi Authorized /Title 5/91 Bond #2011 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, Page 4 That we, Lambaren Contractors as bidder, and American Contractors Indemn ompany , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten Thousand One Hundred and No /100 Cent Dollars ($ 10000.00 ),lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of Palm Street Parkino Lot Proiect C -3044 (Title of Project and Contract No.) in the C ty of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver to said City the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) after the date of the mailing Notice of Award to the above bounden bidder by and from said City, then this obligation shall become null and void; otherwise it shall be forfeited to the said City. In the event that any bidder above named executed this bond as an individual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligation under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 11th day of May , 199q. S /Angelina L. Reyes Notary Public Commission Expires: 12 -23 -96 5/91 S /Juan T. Lambaren, President Authorized Signature /Title SURETY By; S /Michael A. Quigley (Attach Acknowledgment of Attorney -In -Fact) STATE OF CALIFORNIA SS. COUNTY OF ORANGE On MAY 11, 1995 before me, M. TREDINNICK, NOTARY PUBLIC PERSONALLY APPEARED MICHAEL A. OUIGLET personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowl- edged to me that he /she /they executed the same in his/ her /their authorized capacitv(ies), and that by his /her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seal. 1 � Signature �� /i' �' (� .f;1 OPTIONAL M. TREDINNICK ; COMM. !1053088 2 ' s NOTARY PUBLIC • CAUFoRjRA ic ORANGE COUNTY MY Comm. E*m Mu. 2% IM This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER mlE(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL pm, ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENNTY(1ES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE nD1"1 141 ^' °' ALL-PURPOSE ACKNOWLEDGEMENT • A 0 AMERICAN CONTHAC.I'ORS INDEMNITY COMPANY Los Angeles, Call fornia POWER OF NIT•ORNEY KNOW ALL MEN BY THESE PRESENTS: That AMERICAN CONrRACI'ORS INDEMNITY COMPANY, a California Corporation (lhe'Company), and having Its principal office in Los Angeles, California does hereby conslihlte and appoint: Michael A. Quigley of Mission Viejo, California as its true and lawful ARomey(s }in -fact, in amount of S 2871000* Oqo exeatle, seal and deliver for anti on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligalory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall he as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY, as fully and amply, to all intents and purposes, as it Ibe same had been duty executed and acknowledged by its regularly elected officers at Its principal office. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority or resolutions adopted by the Board of Directors of AMERICAN CON'TRACI'ORS INDEMNITY COMPANY, at a meeting called and held on the Glh day of December, 1990. RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority. 1. To appoint ANomey(s }in -fact and to authorize them to exeatle on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove, at anytime. any such Attorney -in -fact and revoke the authority given. Riisoi VED FURTHER. that the signature of such officers and the seal of the Company may be affixed In any such power of attorney or any certificate relating therto by facsimile, and any such power of attorney or certificate hearing such facsimile signatures or facsmile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bcnd or undertaking to which it is attached. IN WITNESS WIIEREOF , AMERICAN CONTRACTORS INDEMT hOMPANYhas caused �hi i�rilrumenttohe signed and its corporate seal to be affixed by its authorized officer this c day of P _ 19_95 —• in '# AMEBIC ORSI N :M TYCOMPANY By. E.J. naPresidenl - - -- - -- STATE OF CALIFORNIA COUNTY OF LOS ANGELES On 4 -17 -95 before me, _Billy Wolfe ,personally appeared E.J. McKenna Ckpersonally known to me -OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in Iris /her /Their authorized capacity(ies), and that by his /her /(heir signature(s) on the instrument the person(s), or the entity upon behalf or which the person(s) acted, executed the instrument ESS my hand and official seal. .- =L AMY WOLFS a) 7�- COMM. # 988801 _ m =�m NOTARY PUBLIC • CALIFORNIA � --- 3: ORANGE COUNTY -� MY Comm. E6prat March 21, 1997 CERTIFICATION 1, the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that 1 have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the resolution adopted by the Board of Directors of said Company as set forth In said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that same are correct transcripts thereof and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now In full force and effect IN TESTIMONY WHEREOF, I have herunto set my hand this 11TH day of MAY 19 95l California All- Purpos *cknowledgment ! State of California County of Of C((' On S -1a personally appeared, X1personally known to me- or- ❑ proved to me on the basis of satisfactory evidence to be the person (s) whose name (s) is / are subscribed to the within instrument and acknowl- edged to me that he / she / they executed the same in his / her/ their authorized capacity (ies), and that ANGEl1NA L REYES by his / her/ theirsignature (s) on the instrument the CoRUn. 1981579 Q$ raT asuc rr'rtM p person (s), or the entity upon behalf of which the ku�e Ceunb ,. �'m"oGP�^.•► ° person (s) acted, executed the instrument. Witness my hand and official seal. . /��" " Z ;6� 81ONAT OF NOTARY FV8UC OPTIONAL Though the information below is not required bylaw, it may prove valuable topersons relying on the document and prevents fraudulent reattachment of this form. Type or Title of Document ITILF, OR nrE OF DOCVMEAT Number of pages: Date of Document: Signer(s) Other Than Named Above: Capacity Claimed By Signer ❑ Individual(s) ❑ Corporate ❑ Partner(s) �' .............. ....... ❑ General ...... ............................... F-1 Limited Attorney -in -Fact Gua rd ian/Conserva for Trustee(s) Other. Signer is Representing: Norms o /RrFOn(�1> Fiy(rq NM Mail Csnteri m (fNeF(ndenUy Owrd ! OfrrvlN /loneAireJ !•d00989NK E NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of Orange ) Page 5 Juan T. Lambaren , being first duly sworn, deposes and says that he or she is President of Lambaren Contra tors the party making the foregoing bid; that the bid is not made n the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, south by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct. Lambaren Contractors, Inc. S /Juan T. Lambaren, President Bidder Authorized Signature /Title Subscribed and sworn to before me this 12th day of May , 1995. [SEAL) S /Angelina L. Reyes Notary Public My Commission Expires: 12 -23 -96 5/91 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 1994 City of Mission Viejo Tom Lauche /Jerry Hill (714) 470 -3000 1994 City of Cerritos Rash Syed (310) 860 -0311 1994 City of Tustin Wendy Hillman (714) 573 -3161 Lambaren Contractors, Inc. Bidder 5/91 S /Juan T. lambaren, President Authorized Signature /Title Page 7 NOTICE TO SUCCESSFUL BIDDER The following contract documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of mailing Notice of Award to the successful bidder: PAYMENT BOND (Page 8) FAITHFUL PERFORMANCE BOND (Page 9) CERTIFICATE OF INSURANCE (Page 10) GENERAL LIABILITY INSURANCE ENDORSEMENT (Page 11) AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT (Page 12) WORKERS' COMPENSATION INSURANCE CERTIFICATION (Page 13) CONTRACT (Page 14) The City of Newport Beach will not permit a substitute format for these contract documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Payment and faithful performance bonds shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VIII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. The Workers' Compensation Insurance Certification shall be executed and delivered to the Engineer along with a Certificate Of Insurance for workers' compensation prior to City's execution of the Contract. 5/91 BOND 1 4023 • PREMIUM INCLUDED ON PERFORCE BOND EXECUTED IN FOUR COUNTERPARTS Page 8 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted has awarded to amhar n on rarrnrs_ tn�, hereinafter designated as the "Principal", a contract for Palm Street Parking Lot (Contract No.3044 )in the City of Newport Beach, in strict conformity with the wiry ngs 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. 3(144 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We, LAMBAREN CONTRACTORS, INC. as Principal, and AMERICAN CONTRACTORS INDEMNITY COMPANY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of *SEE BELOW Dollars ($ 86.593.62 --- ), said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the contract; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his /her subcontractors, fail to pay for any materials, provisions, or other supplies, used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. *EIGHTY SIX THOUSAND FIVE HUNDRED NINETY THREE DOLLARS AND 62/100— 5/91 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 the above named Principal MAY , 1911. instrument has been duly executed by and Surety, on the 18TH day of Lambaren Contractors, Inc. Name of Contractor (Principal) j AMERICAN CONTRACTORS INDEMITY COMPANY �/ Name of Surety 9841 AIRPORT BOULEVARD, SUITE 1414 Address of Surety LOS ANGELES, CA 90045 (800) 787 -3896 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTAMED -' S /91 5. STATE OF CALIFORNIA SS. COUNTY OF ORANGE On MAY 18, 1995 ,before me, -K, TREDINNIC&, NOTARY PUBLIC PERSONALLY APPEARED MICHAEL A. QUIGLEY personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowl- edged to me that he /she /they executed the same in his/ her /their authorized capacity(ies), and that by his /her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instnument. WITNESS my hand and official seal. Signature OPTIONAL to Gy!�t 5 M. TREDINNICK ; COMM. #1053088 NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My Comm. E:PIM Mar. 28, 1989 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TrrLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTIT (IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 11)(1,41 Rev, h/44 ALL - PURPOSE ACKNOWLEDGEMENT • A .• AMERICAN CONTRA(` -TORS INDEMNITY COMPANY Los Angeles, California POWER OF AT['ORNKY KNOW ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPANY, a California Corporation (the *Company "). and having its principal office in Los Angeles, California does hereby constitute and appoint: Michael A. Quigley of Mission Viejo, California as its true and lawful Attorney(s)-in-fact, in amount of $ 287, 000. OQo execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, reco6nizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY, as fully and amply, to all intents and purposes, as if the same had heen duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of resolutions adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY, at a meeting called and held on the Gib day of December, 1990. RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority. 1. To appoint Attorney(s }in -fact and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove, at anytime. any such Attorney -in -fact and revoke the authority given. RESOLVED FURTHER, that the signature of such officers and the seal of the Company may he affixed to any such power of attorney or any certificate relating therto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsmile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bend or uliderlaking to which it is attached. IN WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMg1R COMPANY has caused this Lin rument to be signed and its corporate seal to be affixed by its authorized officer this t1 �� tc day of A i 1995 .—_. saecof AMER ORSIIN •M dTYCOMPANY ILOCOIAIfI s IC � ij Rff1i1!!1 tL+ By- E.J. MdkZ&dhnapr esident STATE OF CALIFORNIA COUNTY OF LOS ANGELES On 4 -17 -95 before me, Amy personally appeared E.J. McKenna Ckpersonally known to me - OR -0 proved to me on the Wolfe basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacily(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ESS my hand and official seal. " k AMY WOLFE _ COMM. G91388 NOTARY PUBLIC •CALIF01 M ORNIA ORANGE COUNTY -+ My Comm. Expires March 21.1997 CERTIFICATION 1, the undersigned officer of AMERICAN CONTRAC'T'ORS INDEMNITY COMPANY do hereby certify that I have compared the . foregoing copy of the Power of Attorney and affidavit, and the copy of the resolution adopted by the Board of Directors of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that same are correct transcripts thereof and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have herunto set my hand this 18TA day of HAY 19 95 AaS't-, l tnrv,T�hnilgthtl State of CALIFORNIA County of ORANGE On MAY 19, 1995 before me, (DATE' personally appeared JUAN T. LAMBAREN WAME(SI OF SIGNER(S11 U personally known to me -OR- ❑ Ah6E(1NA L REYES c� CCmrn. S 981579 < t:OT9.RY P8000- CPIFG2WM1 d Orange COU* My 0earl ❑mass Dec. 23,1996 (SEAL) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document Si9ne0sl Other Than Named Above WOLCOTTS FORM 63240 Rev. 3 94 (price class 8-2A1 01994 WOLCOTTS FORMS, INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY /REPRESENTATION/iWO FINGERPRINTS RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BY SIGNERIS) ❑INDIVIDUAL(SI +CORPORATE OFFICER OFFICER'S) PRESIDENT 'TITLES) ❑PARTNER'S) ❑LIMITED ❑GENERAL DATTORNEY IN FACT OTRUSTEE(S) O GUARD IAN /CONSERVATOR DOTHER: SIGNER IS REPRESENTING: (Name of Person(s) or Entitylies) LAMBAREN CONTRACTORS, RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BY SIGNER(S) ❑INDIVIDUALISI ❑CORPORATE OFFICERS) ITIEFSI DPARTNER(S) ❑LIMITED ❑GENERAL ❑ATTORNEY IN FACT OTRUSTEEISI ❑GUARDIAN /CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Personls) or Entitylies) 7 II VIII I III III III 8 JR ; • . BOND 1 4023 PREMIUM: $2,598.00 EXECUTED IN FOUR COUNTERPARTS Page 9 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted has awarded to Lambaren Contractors, Inc. hereinafter designated as the "Principal ", a contract for Palm Street Parking Lot (Contract No.3044 )inn 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. 3044 and the terms thereof require the furnishing of a bond for the faithful performance of the Contract; NOW, THEREFORE, we, LAMBAREN CONTRACTORS, INC. as Principal, and AMERICAN CONTRACTORS INDEMNITY comPANY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of *SEE BELOW Dollars ($86,593.62— ) , said sum being equal to 100% of the estimated amount of the contract, to be paid to the City or its certain attorney, its successors, and assigns; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well keep truly and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. .As a part of the obligation secured hereby, and in addition to the fact amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, in the event it is required by bringing any action in law or equity to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its *EIGHTY SIX THOUSAND FIVE HUNDRED NINETY THREE DOLLARS AND 62/100 --- 5/91 r r 6 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. the MAY IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety above named, on the 18TH day of , 19 95. Lambaren Contractors, Inc. Name of Contractor (Principal) AMERICAN CONTRACTORS INDEMNITY COMPANY Name of Surety 9841 AIRPORT BOULEVARD, SUITE 1414 Address of Surety LOS ANGELES, CA 90045 NOTARY ACKNOWLEDGMENTS OF 5/91 (800)787 -3896 Telephone AND SURETY MUST BE ATTACHED :z15 I STATE OF CALIFORNIA SS. COUNTY OF ORANGE On MAY 18, 1995 before me, K. TREDINNICR, NOTARY PUBLIC PERSONALLY APPEARED MICHAEL A. QUIGLEY personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowl- edged to me that he /she /they executed the same in his/ her /their authorized capacity(ies), and that by his /her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature L �UJV) LJ OPTIONAL This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER mLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR EW"(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-" 81 1"' ° "` ALL- PURPOSE ACKNOWLEDGEMENT M. TREDINNICK COMM. #1053088 s NOTARY PUBLIC . CALIFORNIA • ORANGE COUNTY My Comm. Explim Met 28.1978 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER mLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR EW"(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-" 81 1"' ° "` ALL- PURPOSE ACKNOWLEDGEMENT AMERICAN CONTRACTORS INDEMNITY COMPANY l.os Angeles, California POWER OF NITORNEY KNOW ALL MEN BY THESE PRESENTS: That AMERICAN CONTRACTORS INDEMNITY COMPANY, a California Corporation (the "Company'), and having its principal office in Los Angeles, California does hereby cons[[ lute and appoint: Michael A. Quigley of Mission Viejo, California as its true and lawful Attorney(s }in -fact, In amount of $ 287 r 000 . OQo execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnily and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, Wile, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said AMERICAN CONTRACTORS INDEMNITY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of resolutions adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY, at a meeting called and held on the Gth day of December, 1990. RESOLVED that the Chief Executive Officer, President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority. 1. To appoint Attomey(s }in -fact and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnily and other writings obligatory in the nature thereof and, 2. To remove, at anytime, any such Attorney -in -fact and revoke the authority given. RESOLVED FURTHER, that the signature of such officers and (lie seal of the Company may be affixed [o any such power of attorney or any certificate relating therlo by facsimile, and any such power of attorney or certificate hearing such facsimile signatures or facsmile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon (lie Company in the fulure with respect to any bend or undertaking to which it is attached. IN WITNESS WHEREOF, AMERICAN CONTRACTORS INDEMJ%COMPANY has caused Airpri�itrument lobe signed and its corporate seal to be affixed by its authorized officer this day of 19_9 W 4 AMEBIC ORS INM fTYCOMPANY IIIIbIfYAIF) ij 1fti.li 1!!1 �; By- E.J. M&Eohnatiresident STATE OF CALIFORNIA COUNTY OF LOS ANGELES On 4 -17 -95 before me, _�IOy Wolfe personally appeared E.J. McKenna Ckpersonally known to me - OR -❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to file within instrument and acknowledged to me that he /she /they executed the same in Iris /her /theirauthorized capacity(ies), and that by his /her /their stgnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument ESS my hand and official seal.OZ- AMY WOLFE _ COMM. C9 ALIFO fD NOTARY PUBLIC •CALIFORNIA 03 ]_ ORANGE COUNTY My Comm. Expires March 21, 1997 CERTIFICATION 1, the undersigned officer of AMERICAN CONTRACTORS INDEMNITY COMPANY do hereby certify that i have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the resolution adopted by the Board of Directors of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that same are correct transcripts thereof and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, i have herunto set my hand this 18TH day of MAY 19 95 . Aas:�..t. �.•S ret:ny,Tnhn��S. nr)ih.� State of CALIFORNIA County of ORANGE On MAY 19, 1995 before me, ANGELINA IDATEI (NAMErTITLE OF personally appeared JUAN T. LAMBAREN INAMEISI OF SIGNERISII 9 personally known to me -OR- O . F ANGEUMA L WES Q 3 a, Ccmm. 9981579 OTARY PUBLIC • 110111 t9A TO THE DOCUMENT Number of Pages Date of Document D Come. Emvas ❑=x.23. 1996 (SEAL) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is /are subscribed to the within instrument and acknowledged to methat he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures) on the instr tst'he person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages Date of Document DESCRIBED AT RIGHT: Signed -) Other Than Named Above WOLCOTTS FORM 83240 Rev. 3 -94 IPrice class 8 -2A1 01984 WOLCOTTS FORMS. INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYAEPRESENTATION/TWO FINGERPRINTS RIGHT THUMBPRINT (Optional) f 0 0 CAPACITY CLAIMED BY SIGNERIS) DINDIVIDUALIS) ScORPORATE OFFICER OFFICER(S) PRESIDENT (TITU% DPARTNERIS) ❑LIMITED DGENERAL DATTORNEY IN FACT DTRUSTEEISI O G UA RD IA N /CONSERVATOR DOTHER: SIGNER IS REPRESENTING: IName of Personisl or Entitylieal LAMBAREN CONTRACTORS, RIGHT THUMBPRINT IOptionnB CAPACITY CLAIMED BY SIGNERIS) DINDIVIDUALIS) DCORPORATE OFFICERISI ITITLEaI DPARTNER(S) ❑LIMITED DGENERAL ❑ATTORNEY IN FACT DTRUSTEE(S) D GUARDIAN /CONSERVATOR DOTHER: SIGNER IS REPRESENTING: blame of Persons) or Entity(ies) 1111111111H�11111111111� 7 67775 63240 a • Page 10 CERTIFICATE OF INSURANCE` 'ter, ♦ PRODUCER COMPANIES AFFORDING COVERAGE Sherman - Douglas Inc. COMPANY A 2915 Redhill Ave., Suite A210 LETTER CNA INSURANCR Costa Mesa, Ca. 92626 COMPANY B LETTER CENTURY NATIONAL INS. CO. INSURED Lambaren Contractors, Inc. 23200 Olive Avenue COMPANY C LETTER GOLDEN EAGLE INS. CO. Lake Forest, CA 92630 COVERAGES _ ( w h,: ..k ;.r., THIS IS TO CERRFY THAT POLICIES OF 94SURANCE LISTED BELOVI HAVE BEEN ISSUED TO THE ENSURED NAMED ABOVE FOR POLICY PERIOD ANY REOUIREMEM, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS INDICATED. NOTWITHSTANDING CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS, AND CONDITIONS OF SUCH you ME3 AND IS NOT AMENDED. EXTENDED OR ALTERED BY THIS CERTIFICATE TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION DATE ALL UMITS IN THOUSANDS L DATE GENERAL LIABILITY GENERAL AGGREGATE f 2,000, (OCCURANCE BASIS ONLY) S 1,000, COMMERCIAL 1/19/9 A ti°*MPREIEISIVE Al 17695789 1/19/9 OPERATIONS AGGREGATE OWNERS 6 CONTRACTORS ® PROTECTIVE PERSONAL INJURY f 1,000, ® CONTRACTUAL FOR SPECIFIC CONTRACT PRODUCTS /COMPL OPER. EACH OOCURANCE $ 1,000, XCU HAZARDS F DAMAGE $ 50, BROAD FORM PROP. DAMAGE SEVERAWLTY OF INTEREST (ANY ONE FIRE) CLAUSE ® PERSONAL INJURY WITH EMPLOYEE EXCLUSION MEDICAL EXPENSES $ 5, REMOVED (ANY ONE PERSON ) MAINE AUTOMOBILE LIABILITY COMBINED SINGLE j 1,000, � B X COMPREHENSIVE BAP 61798 1/27/c,5 BODILY INJUUR -XIONNED 1/27/9 t, ` BLYINJURY ODI f v, '•" -XI HIRED (PER ACCIDENT) r , _ _ ".. -1 tNON-OWNED PROPERTY DAMAGE S r . . EXCESS LIABILITY 3-' EACH OCCURRENCE AGGREGATE UMBRELLA FORM OTHER TWIN UMBRELLA FORM STATUTORY WORKERS' COMPENSATION f 1, UUU EACH ACCIDENT C NWC298539 1/12/95 t, 000 AND $ DISEASE- POLICY LIMIT EMPLOYERS' LIABILITY 7/l/95 $1,000 DISEASE - EACH EMPLOYEE LONGSHOREMEN' AND HARBOR STATUTORY :. , -r '` "` - WORKERS' COMPENSATION DESCWPDON OF OPERATIONS/ LOCAT) OIS/VEIMAESIRESTRICTIONS/SPECIAL ITEMS: ALL OPERATIONS PERFORMED FOR THE CITY OF NEWPORT BEACH BY OR ON BEHALF OF THE NAMED INSURED IN CONNECHON WITH THE FOLLOWING CONTRACT: Palm Street Parking Lot C -3044 PROJECT TITLE AND CONTRACT NUMBER HOLDER + CANCELLATION ' .CERTIFICATE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON - RENEWED. NEWPORT BEACH CITY OF N EWP CANCELLED OR COVERAGE REDUCED BEFORE THE EXPIRATION DATE THE P.O. P.O. BOX COMPANY AFFORDING COVERAGE SN4LL ROVIDE 0 DAYS MIN. ADVAN C NO O THE CITY NEWPORT BY A ISTERED MAIL NEWPORT BLVD. A , ✓ NEWPORT BEACH, CA. 92659 -1768 Y A DATE i .M= 4� v Page it GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for General Liability, the City of Newport Beach, its officers and employees are additional insureds, but only with respect to liability arising out of operations performed by or on behalf of the named insureds in connection with the contract designated below or acts and omissions of the additional insureds in connection with its general supervision of such operations. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage. 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision 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 "XCU" hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured(s) named in Paragraph 1 of this endorsement shall be the limits indicated below written on an "Occurrence" basis: ( ) Commercial ( Comprehensive General Liability $ 1,000,000 each occurrence $ 2,000,000 aggregate The applicable limit of Contractual Liability for the company affording coverage shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insured(s). 5/91 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 date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. Designated Contract: _palmjreet P r� king Int f. -Inca Project Title and Contract No This endorsement is effective 1/19/95 at 12:01 a.m. and forms a part of Policy No. Al 17695789of CNA INSURANCE CO. (Company Affording Coverage). Insured: Lambaren Contractors, Inc, Endorsement No.: ISSUING COMPANY By: Au 1 ized Representa 1ve 5/91 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 Limits or Single Limit: 5/91 ( ) Multiple limits Bodily Injury Liability Bodily Injury Liability Property Damage Liability (x:q Combined Single Limit Bodily Injury Liability & Property Damage Liability $ 1,000,000 per person per accident The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one accident or occurrence in excess of the limits of liability stated in the policy as applicable to Automobile Liability Insurance. 0 Page 12A 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. 5. Designated Contract: This endorsement is effective 1/12/95 at 12:01 a.m. and forms a part of Policy No.BAP61798 of Century National Ins. Co. (Company Affording Coverage). Insured: Lambaren Contractors, Inc. Endorsement No.: ISSUING COMPANY 1+f 'i'm� of 11/ 5/91 I C 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." -51 Z - 7S Date C -3044 Contract Number 5/91 Lambaren Contractors, Inc. Pala Straat Parking Int Title of Project ?S . Page 14 CONTRACT THIS AGREEMENT, entered into this A:�Zz day of , 19t; by and between the CITY OF NEWPORT BEACH, herein "City," and t zu u 1nr , reinafter "Contracr" madwih reference to the following facts: A. City has heretofore advertised for bids for the following described public work: Palm Street Parking Lot C -3044 Title of Project Contract No. B. Contractor has been determined by City to be the lowest responsible bidder on said public work, and Contractor's bid, and the compensation set forth in this contract, is based upon a careful examination of all plans and specifications by Contractor, NOW, THEREFORE, the parties hereto agree as follows: 1. Contractor shall furnish all materials and perform all of the work for the construction of the following described public work: Palm Street Parking Lot C -3044 Title of Project Contract No. which project is more fully described in the contract documents. Contractor shall perform and complete this work in a good and workmanlike manner, and in accordance with all of the contract documents. 2. As full compensation for the performance and completion of this work as prescribed above, City shall pay to Contractor the sum of Eiahty -Six Thousand Five Hundred Ninety- ($ 86.593.62 ). This compensation includes: (a) Any loss or damage arising from the nature of the work, (b) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (c) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 5/91 0 Page 14A 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated herein by reference as though set out in full and include the following: (a) Notice Inviting Bids (b) Instructions to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and Endorsement(s) (f) Plans and Special Provisions for Palm Street Parking Lot C -3044 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. APPROVED AS O FORM: c C TY ATTORNEY CITY OF NEWPORT BEACH A Municipal Corporation By: JA,�_ '2 Mayor Lambaren Contractors, Inc. Name of Contractor ATTEST: All n �9S CITY CLERK- thori ed Signa ure and Title 5/91 Authorized to Publish Adrsrtisements of all kinds inting public notices by Ocoee of the Superior Court of Orange County, California. Number A -6214, September 29, 1961, and A -24831 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the 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: May 2, 8, 1995 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on May 8 at Costa Mesa, California. Signature , 199 5 6 PUBLIC NOTICE NOTICE INVITING BIDS Sealed bids may be re- ceived at the office of the ard, P.O. Box 11 rt Beach, Ca 92( ntil 9:00 A.M. on ay of May, 1995 time such bids aned and read STREET PARK act No. 3044 near's Estim one set of bid docu- al no cost at the of- f the Public Works ort Beads, CA ! further inforr ona Tse at (711 )lished Net h -Costa Mesa May 2, B, 1995.