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
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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)
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;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
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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
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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:
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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
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V L/ IP CiE-ORS41F (3wn Namt)
RAR7NERSIA
Firm Name JOHNSON ELECTRICAL CO. Firm Name SID JOHNSON ELECTRICAL CO.
By
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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:
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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
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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
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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
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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
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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.