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C-3078 - Castaways Park Landscape Irrigation and Parking Lot Improvements
.t'• s`', 3` _ a :::, .. ,. ' -` ,, ::,. ;.,, _ �,:�: tY w �.__ _ � _ � �,- _ T .t'• m tY w I f � I r> a x q n „: .,; ,. :_. f � � is ,..� ., �:.,. ': •0i e i' '•. AP rtM «. m i n f � I x q n „: .,; ,. :_. �. � � is ,..� ., �:.,. ': •0i e i' '•. AP drag q Too In _ S fl�q :: r. � �F:�.�M1 �: �... "4' �i ... i t ' { ..e '' .. :t �: i.: '�. - � x'. _ _ �4 r ' T: 4v �. � � � A >. ..�� _. - _ ' Y i � - -.# �: �4 ... � „ . f ... �... "4' �i ... i t ' k # i_ l q µ. zs; 7; Lc I "t 0 0 k CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 September 3,1998 Mr. Ernest Mendoza E. A. Mendoza, Inc. 130 S. Chaparral Ct., Suite 205 Anaheim Hills, CA 92808 (714) 644 -3005 Subject: Contract No. 3078 - Castaways Park Landscape Irrigation and Parking Lot Improvements. On July 13, 1998, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. The Notice of Completion was recorded by the Orange County Recorder on July 29, 1998 - Reference No. 19980488171. The Surety for the contract is Continental Casualty Company, and the bond number is 158730489. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk cc: Public Works Department encl. 3300 Newport Boulevard, Newport Beach 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 4 Recorded in the County of Orange, California Gary L. Granville, Clerk /Recorder Illllllllllllllllllllllllllllllllllll llllllllll111111111111111111 No Fee 19980488171 11; 01am 07/29/98 005 29006910 29 57 N12 1 6.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and E.A. Mendoza Contracting of Anaheim Hills. California, as Contractor, entered into a Contract on June 23. 1998. Said Contract set forth certain improvements, as follows Upper Castaways Passive Park, C -3078. Work on said Contract was completed on March 11. 1998, and was found to be acceptable on July 13. 1998 by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Continental Casualtv Csaraanv. 17 I VA Public 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 JC1 � at Newport Beach, California. BY City Clerk 1� 1 i� July 15, 1998 0 ! CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Orange County Recorder Post Office Box 238 Santa Ana, California 92702 (714) 644 -3005 RE: Notice of Completion for Ocean Front Street Ends Improvements from 561h Street to 591h Street (C -3151) Notice of Completion for Upper Castaways Passive Park (C -3078) Please record the enclosed documents and return it to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LH:lvi Attachments 3300 Newport Boulevard, Newport Beach RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92603 41 "Exempt from recor ing Lees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and E A Mendoza Contractirc of Anaheim Hills California, as Contractor, entered into a Contract on June 23, 1998. Said Contract set forth certain improvements, as follows: Uooer Castaways Passive *dark. C -3078. Work on said Contract was completed on March 11. 1998, and was found to be acceptable on July 13. 1,998 by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Continenta asualt C n 7 !I! Pu lic 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. n r r� Executed on �� �L� �� �/ at Newport Beach, California. City Clerk �� O RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording tees pursuant to Government_ Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and E.A. Mendoza Contractina of Anaheim Hills. California, as Contractor, entered into a Contract on February 9, 1998. Said Contract set forth certain improvements, as follows: Ocean Front Street Ends Improvements from 56`" Street to 59`h Street, C -3151. Work on said Contract was completed on June 2, 1993, and was found to be acceptable on July 13, 1998 by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Comoanv of Maryland. m Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to thef best of my knowledge. Executed on )CI 1� at Newport Beach, California. IFWPO BY "C/�C 7.n� ✓� 1 ��rl�� ""O O � City Clerk 0 0 RELEASE OF STOP NOTICE To: City of Newport Beach 3300 Newport Blvd., Newport Beach, Ca 92659 Attn: Mary Locey. You are hereby notified that the undersigned claimant releases that certain Stop Notice dated May 01, 1998 in the amount of $8,232.36 against City of Newport Beach as owner or public body and E. A. Mendoza Contractors as prime contractor in connection with the work of improvement know as 900 Dover Drive in the city of Newport Beach County of Orange, State of California. Date August 19, 1998 California Portland Cement Co. Dba Name of Claimant Catalina - Pacific Concrete Co. Kearney -Credit VERIFICATION I, the undersigned, state: I am the Credit Administrator of the cl ant nagded in the foregoing Release;I have read said Release of Stop Notice an the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on August 19. 1998, at Glend State of California. C. �i W a r 8A Copies Sent lac _ v o ❑ M"W W N i O Cmncl Member — Q Manager �ttorner w � LJ TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT July 13,1998 CITY COUNCIL AGENDA ITEM NO. 5 JUL 13 r�: a SUBJECT: UPPER CASTAWAYS PASSIVE PARK — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3078 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: On June 23, 1997, the City Council authorized the award of the Upper Castaways Passive Park contract to E.A. Mendoza Contracting of Anaheim Hills, California. The contract provided for • the construction of a passive view park facility, which included a network of asphalt pedestrian trails, a wood fence on the bluff side of the trail, the construction of City owned 30 space parking lot, replacement parking and conditional mitigating measures to the Newport Harbor Lutheran Church as part of a land exchange. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $858,625.00 Actual amount of bid items constructed: 864,165.22 Total amount of change orders: 33,160.28 Final contract cost: $897,325.50 The increase of $5,540.22 in actual bid items constructed over the original bid amount estimated resulted from an increase of sidewalk and landscaping placed throughout the project. The final overall construction cost including change orders was 4.5% over the original bid amount. A total of (15) change orders were issued to complete the project. Major change orders issued were as follows: A credit change order in the amount of ($7,963.50) provided for the relocation of seven park lights from the Bob Henry Park to the Castaways Park site and deletion of the park lights bid item. A change order in the amount of $9,671.95 provided for additional lighting at the Newport Harbor Lutheran Church's parking lots. SUBJECT: UPPER CASIRWAYS PASSIVE PARK — COMPLETION Av) ACCEPTANCE OF CONTRACT NO. 3078 July 13, 1998 Page 2 A change order in the amount of $4,488.44 provided for irrigation on the Newport Harbor Lutheran Church's property. A change order in the amount of $5,277.25 provided for the construction of two (2) five -foot high by twenty foot long masonry Church sign walls located at Dover Drive and Castaways Lane. A change order in the amount of $15,382.16 provided for the construction of retaining wall adjacent to the trail for purposes of minimizing the grading of native flora within the construction zone. A credit change order in the amount of ($5,000.00) provided for the reduction in the park and trail grading initiated by the City. A credit change order in the amount of ($4,000.00) provided for the deletion of some patio /lattice work deleted at the request of the Newport Harbor Lutheran Church. Funds for the project were budgeted in the following accounts: Description General Fund (Upper Castaways Passive Park) General Fund (Upper Castaways Active Park) General Fund (Upper Castaways Passive Park) General Fund (Park Project Planning) Contribution (Upper Castaways Passive Park.) Ciosa (Upper Castaways Passive Park.) TOTAL Account No. 7013- C4120280 7021- C4120264 7021- C4120280 7021- C5100417 7251- C4120280 7431- C4120280 Amount $93,350.00 2,707.01 432,568.37 8,700.12 60,000.00 300,000.00 $897,325.50 The contract specified completion of all work within 100 consecutive working days from the issuance of a Notice to Proceed. Based upon the written notice to proceed on August 25, 1997 the completion date was January 19,1998. Due to extra work and inclement weather the completion date was extended March 11, 1998. All work was completed by that date. Respectfully submitted,1 PUBLIC WORKS DEPARTMENT Don Webb, Director By: 41'>y Horst Hlawaty Construction Engineer \ \dp\sys\ groups \pubworks \council \99\ my -13 \3078- castaways.doc 11 1] f STOP NOTICE CALIFORNIA CIVIL CODE SECTION 3103 NOTICE TO: City of Newport Beach 3300 Newport Blvd., Newport Beach, Ca 92659 Attn: Mary Loc (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) Prime Contractor: E. A. Mendoza Contractors Sub Contractor (If Any) Louie Atilano Concrete Owner or Public Body: City of Newport Beach Improvement know as 900 Dover Drive, in the City of Newport Beach, County of Orange, State of California. California Portland Cement dba Catalina Pacific Concrete, Claimant, a Corporation 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 Louie Atilano Concrete. The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was Ready Mix Concrete. Cement and Services. Total Value of labor, services, equipment, or materials agreed to be furnished $ N/A Total value of labor, services, equipment, or material actually furnished is $ 8,232.36 Credit for materials returned, if any $ -0- Amount paid on account, if any $ -0- Amount due after deducting all just credit and offsets $ 8,232.36 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 $8.232.36 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 not required on public jobs or on Stop Notice served on owner on private Jobs). Date May 1, 1998 Portland Cement dba Box 74 Leslie Kearney - Credit Administrator I, undersigned, state I am the Credit Administrator of the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that t foregoing is true and correct. Executed on May 1. 1998, at Glendora State of Californ ia wU U FL�U l CL m � c > 00 Up LLJ at: U �= A LLJ oo � OE'310 00 L)� CU O . runuc NV I It;h 11 PUW TICES ..� - NOTICE Council the 12th day o, f ;INVITING BIDS r, r, iealed bids may be re- Novembe 1988 veil at the office of the -L. Narkless y Clerk.. '3300 3300 Newport Y Clerk ', ulevard, P.O. Box 17681 Prospective bidders may wport 'Beach; CA. 92659• purchase..one set -of 'bid, M ilntil.2:00 P.M. on the documents at the cost of It day oLJune, 1997, at g40.00 `at the office of the': ah, time such bids shall opened re tor: Public -Works Department, 3300 Newport STAWAVS ;PARK e LAND- n . Boulevard 4PE (IRRIGATION AND P.O. Box. 1768, "Newport iKING -SLOT "IMPROVE. Beach, :.DA 92668. 8915. NTS '-' '- Telepfione (714) b44 -3311. mtiacf NO.: 3078For. further information, t 9lneer's Estimate:, calf Emmet Berkery, P.E. X0,000.00 pro ect Mana ement Con - 1ppraved by iheClty sultant), at. (714) 673 -6446. Published Newport. Beach -Costa Mesa Daily; I Pilot May 20 26, 1997 `= TM200. Dear Advertiser: Client Reference # f Daily Pilot Reference # Enclosed please find clipping of your ad from the first publication, beginning 15s--=� — If you need to make any changes or corrections, please call me at your earliest convenience. The cost of this publication will be $ Thanks for your cooperation and patronage. Sincerely, Q.I. y O ttiny Manager U Legal Advertising Department 330 West say street. Costa Mesa, CA 92627 7,'Al542 -432? • June 2'3,1997 CITY COUNCIL AGENDA ITEM NO. 13 . .. ._. .. TO: MAYOR AND MEMBERS OF THE CITY COUNCIL _E FROM: PUBLIC WORKS DEPARTMENT JUN 2 3 X997 j SUBJECT: CASTAWAYS PARK- CONTRACT NO. 3078 RECOMMENDATIONS: 1. Award Contract No. 3078 to E.A. Mendoza Contracting, of Anaheim Hills, California, for the total bid amount of $858,625.00 and authorize the Mayor and the City Clerk to execute the contract on behalf of the City. 2. Approve a $624,625.00 budget amendment appropriating and transferring funds from various accounts to fund the park construction. DISCUSSION: At 2:00 p.m. on June 10, 1997, the following bids were opened and read in the City Clerk's office: • (Ranking) Bidder Base Bid Bid Alternate 1 (1) E.A. Mendoza $858,625.00 $803,625.00 (2) Goodman and Peloquin $887,049.92 $815,224.37 (3) Valley Crest Landscape $938,260.20 $879,460.20 (4) Gillespie Construction $949,644.00 $898,914.00 (5) Clayton engineering $976,871.50 $911,807.50 (6) Los Angeles Engineering $1,019,876.00 $960,526.00 (7) Aman Environmental Construction $1,086,085.30 $1,030,435.30 (8) Terra -Cal Construction $1,113,407.00 $1,053,007.00 (9) Wakeham -Baker Inc. $1,150,000.00 $1,101,800.00 Engineer's Estimate $903,252.00 $860,992.00 The low bid is 5.2% below the Engineer's Estimate for the Base Bid and 7.1% below the estimate for Bid Alternate 1 (see discussion below). In conformance with a recent appellate court decision concerning public agency bids with additive /deductive bid alternates, only the bid amounts were read aloud with each bid given a letter designation. The intent of the court decision was to preclude rejecting or • selecting certain bidder(s) by manipulating the choosing of bid alternates. However, a check of all the bids for this project affirmed the low bidder for the Base Bid was also the low bidder for the Bid alternate, so the results have been made public. SUBJECT: CASTAWAYORK - CONTRACT NO. 3078 June 23, 1997 Page 2 E.A. Mendoza is a qualified contractor who has completed a number of public works • construction projects similar in scope and magnitude to the Castaways Park project. References from other public agencies were positive and Staff therefore recommends award of Contract No. 3078 to E.A. Mendoza for the Base Bid amount of $858,625.00. Castaways Park is a cooperative effort among the City of Newport Beach, the Irvine Company, Newport Harbor Lutheran Church, and Taylor Woodrow Homes. The project had its beginning with the approval of the Circulation Improvement and Open Space Agreement ( CIOSA) between the City of Newport Beach (City) and the Irvine Company (TIC). The CIOSA addressed several large unimproved parcels owned by TIC with respect to development entitlements, open space dedications and street and infrastructure improvements. One of the parcels covered by the CIOSA was the Upper Castaways site. TIC was allowed to develop a portion of the site as a single family residential development and dedicate the balance to the City for park and open space purposes. There are two separate park projects within the site: Bob Henry Park, currently nearing completion and scheduled to open in August, and the 16 plus acre Castaways Park, a passive view park facility. After a series of public hearings and meetings, the City Council, on April 10, 1995, directed staff to proceed with a design for Castaways Park which incorporated the following elements: • (1) A 30 space parking lot with access from Sixteenth Street (since renamed Castaways Lane) on property currently owned by Newport Harbor Lutheran Church (NHLC). I (2) A replacement parking lot for NHLC on a portion of the TIC owned property. (3) No widening of Dover Drive. (4) Grading on the bluff top to reduce runoff and erosion of the bluffs overlooking Upper Newport Bay. Such grading would be done in a aesthetically pleasing manner to blend in with the natural topography. City staff and consultants subsequently developed a concept plan and submitted it to the California Coastal Commission. In September, 1995 the Coastal Commission approved the plan with the added condition there be no impact to the existing freshwater marsh located along Dover Drive and adjacent to NHLC. Staff and consultants then proceeded with the preparation of final plans. The final design included all the elements discussed herein as well as some additional items: (1) A network of asphalt trails within the park, with the major one located along the bluff over Upper Newport Bay. • (2) A wood fence railing on the bluff side of the trail. I C, SUBJECT: CASTAWAYS&K - CONTRACT NO. 3078 June 23,1997 Page 3 • (3) Native vegetation ground cover between the fence and the bluff top. (4) Seeding of a large portion of the bluff top with natural grasses and wildflowers. (5) Planting of California sycamore trees and coastal live oak trees at selected points along the trail network. (6) Removal of certain noxious and invasive vegetation within and adjacent to the project area. (7) Removal of deteriorated asphalt and concrete debris and rubble at the old Castaways restaurant site. (8) Regrading and paving of a trail which generally follows the alignment of the "old road" to the former restaurant from Dover Drive. (9) Installation of a low -level bollard lighting system along certain portions of the trail network. (10) Removal of certain vegetation and trimming lower portions of trees and • shrubs in the vicinity of the former restaurant to improve lines of sight as recommended by the police department. Due to the uncertainty of adequate funding for all these elements, Bid Alternate 1 was included, which was a deductive bid alternate deleting installation of the low level bollard lighting along the trails. However, staff believes with the favorable bids received, and the anticipated heavy year -long public use of the park, the lights should be installed, and therefore the Base Bid is recommended. In order to accomplish the necessary property exchanges, and to compensate Newport Harbor Lutheran Church for the impacts to their property caused by the construction of the parking lots, park improvements, and the adjacent residential subdivision by Taylor Woodrow Homes, City staff and Church officials decided to prepare a Development Agreement between the Church and the City which would identify the necessary land exchanges, the nature of improvements to be constructed, and provide certain entitlement rights to the Church. A final draft of this Development Agreement is on the agenda as a separate item. Staff is recommending approval of the contract with E.A. Mendoza (and the Development Agreement as well) so that construction can begin in the latter part of July and be substantially complete by December. SUBJECT: CASTAWAYORK - CONTRACT NO. 3078 . June 23, 1997 Page 4 Funding for construction will be from the following accounts: . DESCRIPTION ACCOUNT NO. AMOUNT Park -in -lieu 7017- C4120280 $405,275.00 CIOSA 7431- C4120280 300,000.00 County of Orange Grant 7251- C4120280 50,000.00 Taylor Woodrow Contribution 7253- C4120280 10,000.00 Sidewalk, Curb & Gutter Replacement Program 7013- C5100020 93,350.00 Total Funds Available $624,625.00 $858,625.00 The County grant was recently approved by the Board of Supervisors as a contribution to the overall improvement of Upper Newport Bay. The Taylor Woodrow Homes contribution covers the construction of a new trash enclosure for the Church, which was included as a separate bid item in the bid proposal. A budget amendment in the following amounts is needed to appropriate funds to the park construction account. FROM TO ACCOUNT NO. AMOUNT Unappropriated Park -in -lieu 7017- C4120280 $171,275.00 Unappropriated CIOSA Frontage 7431- C4120280 300,000.00 County Contribution 7251- C4120280 50,000.00 Taylor Woodrow Contribution 7253- C4120280 10,000.00 Transfer from Sidewalk, Curb & Gutter Replacement Program (Account No. 7013- C5100020) 7013- C4120280 93,350.00 TOTAL $624,625.00 Respectfully submitted, 6:0 PUBLIC WORKS DEPARTMENT Don Webb, Director by: &mA & L/ Emmet Berkery Project Consultant Attachments: Budget Amendment • E a. c ty of Newport Beal BUDGET AMENDMENT 1996 -97 ECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Budget Appropriations X Transfer Budget Appropriations SOURCE: X from existing budget appropriations from additional estimated revenues X from undesignated fund balance EXPLANATION: NO. BA- 053 AMOUNT: $624,625.00 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To appropriate $624,625 for the construction of Castaways Park. $60,000 will be funded from future contributions to be received in FY 97/98 and $93,350 is to be transferred from the Sidewalk, Curb & Gutter Replacement Program. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3605 250 3605 430 3605 ONUE APPROPRIATIONS (3601) Fund /Division Accoun t EXPENDITURE APPROPRIATIONS (3603) Description Fund Balance Control Fund Balance Control Fund Balance Control Description Description Division Number 7017 Park -in -lieu Account Number C4120280 UP Castaways Passive Park Division Number 7431 CIOSA Frontage Improvement Account Number C4120280 UP Castaways Passive Park Division Number 7251 Contribution Account Number C4120280 UP Castaways Passive Park Division Number 7253 Public Works Account Number C4120280 UP Castaways Passive Park Division Number 7013 Street Account Number C5100020 Sidewalk,Curb &Gutter Replacement Prg Division Number 7013 Street Account Number C4120280 UP Castaways Passive Park Signed: C:7-. Financial proval: Fi nc irector *'d: mi rative Ap oval: Manager Signed: City Council Approval: City Clerk Amount Debit Credit $171,275.00 $60,000.00 $300,000.00 $93,350.00 $171,275.00 $300,000.00 $50,000.00 $10,000.00 $93,350.00 Date fs l ,6 ate Date C, � 0 19 lu 411 k,,l oe 0 rl 114. Ij ".6. It 07 I NOTICE INVITING BIDS Clerk Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA 92659 -1768 until 2:00 P.M. on the 10th day of Tune ,1997. at which time such bids will be opened and read for: ' ( CASTAWAYS PARK LANDSCAPE IRRIGATION AND PARKING LOT IMPROVEMENTS Title of Project 3078 Contract No. $ 900.000 W Engineer's Estimate Approved by the City Council the 12th day of November 19% �i LaVonne Aarkless City Clerk Prospective bidders may purchase one set of bid documents at the cost of $40.000 at the office of the Public Works Department, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -5915. Telephone (714) 644 -3311. For further informatien, call Emmet Berkery, P.E. (Project Management Consultant), at (714) 673 -6446 DATE: TO: CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT �t V \LI F0 rk I . ADDENDUM NO. 2 CASTAWAYS PARK LANDSCAPE, IRRIGATION AND PARKING LOT IMPROVEMENTS CONTRACT NO. 3078 June 5, 1997 ALL PLANHOLDERS 1. The quantity for Bid Item No. 8, Type A Curb and Gutter is corrected to 800 lineal feet. A revised sheet, Page 2, is included with this addendum. 2. Bidders must sign Sheet No. 1 (this sheet) of this Addendum and attach it to the bid proposal. No bid will be considered unless this sheet is signed and attached in addition to Sheet No. 1 of Addendum No. 1. Emmet Berkery Project Management E. A >ti,ENDCZA [9012 -c--t A Bidder's Name (Please Print) 4 1 a 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL CASTAWAYS PARK LANDSCAPE, IRRIGATION AND PARKING LOT IMPROVEMENTS CONTRACT NO. 3078 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P.O. Box 1768 Newport Beach, California 92663 -8915 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3078 in accord with the plans and Special provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT NO. AND UNIT PRICE WRITTEN IN WORDS BASE BID UNIT TOTAL PRICE PRICE 1. Lump Sum Mobilization Dollars and cx� Cents Lump Sum $ per Lump Sum 2. Lump Sum Clearing & Grubbing Dollars and Cents Lump Sum $� per Lump Sum 3. Lump Sum eking Lot and Chum Gradin 1n4Q�`(�j�,y�/ Dollars anT Cents Lump Sum per Lump Sum 101 I ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL NO. AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. Lump Sum Pazk Grading excl. Trail B) � � �� J SA�rO Dollars and 00 V� G 44" UM Cents Lump Sum $ ZA15M per Lump Sum 5. Lump Sum Trail B Grading Utn 5/ )D Dollars and Jo •t t \ Cents Lump Sum $-ft5DD per Lump Sum 6. 1,400 Tons Parking Lot Asphalt Concrete oa dJ Cents $-3n= $42aoV per Ton 7. 2,700 Tons Parking Lot Untreated Base ^j'{ft a(F / Dollars an ao Cents $ o per Ton *8. 800 l.f. Type A Curb & Gutter F}(�(� pOli.kLS, ollars and ov Cents $%_ per l.f. 9. 2,300 l.f. Type B Curb E1 6WT} Dollars and oa Cents $�_ per l.f. 10. 234 l.f. 3 Foot Gutter Doll and Cents $ I 0-0 $ 57 per I. f. * REVISED PER ADDENDUM NO. 2 P -2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT NO. AND UNIT PRICE WRITTEN IN WORDS 0 UNIT TOTAL PRICE PRICE 11. 8,000 s.f. 4" P.C.C. Sidewalk Me Dollars and " ►N Cents $ 9a $ 152 o per s.f. 12. 1,360 s.f. Decorative Concrete Drive Approach Dollars and Cents $ per s.f. 13. 640 s.f. Decorative Concrete Pavement �}1Q Dollars and Yom{ l Cents $ 3rls $00 per s.f. 14. 550 s.f. Turf Block Ear Dollars and Cents $ $ per s.f. 15. Lump Sum Trash Enclosure, Concrete Slab and Appurtenances ainfifi 13L&NT AWZLW an Ilars c�3B C) a Cents Lump Sum $ per Lump Sum EY�% 46 ip711 7 16. Lump Sum Bench and Concrete Pad fil �� 11J Dollars and Cents Lump Sum $lsb( ` per Lump Sum 17. Lump Sum Rolling Gate Curb K)Oa likt)DkM ollars an n as Cents Lump Sum $ qbo per Lump Sum P -3 ITEM QUANTITY ITEM DESCRIPTION AND UNIT NO. AND UNIT PRICE WRITTEN IN WORDS UNIT TOTAL PRICE PRICE 18. Lump Sum Retaining Wall D SWeXiR U {k MUED Dollars Gtr Cents Lump Sum $�QQ Lump Sum 19. Lump Sum Retaining Wall E SEfVCV(C-c � 1Q(i� Dollars and QU Cents Lump Sum $�QQ� Lump Sum 20. Lump Sum Retain' g2ll F f' Sig rwe i1( QQ Dollars W Cents Lump Sum Lump Sum 21. Lump Sum -B i i �WGall G 71.1(0 Y�.� ollars and o Cents Lump Sum $ 25-co` per Lump Sum 22. 640 11 6 Foot Vinyl Coated Chain L'nk Fen e i I. Gates) I� Dollar an J Cents per l.f. 23. 370 Lf. 3.5 Foot Vinyl Coated Chain Link Fence ollars an �v Cents $12�L $ per 11 24. Lump Sum Modify Overhead Wood Lattice and Appurtenances .el„Hn- k5A-Ob Dollars and OS Cents Lump Sum $ 6-,np Lump Sum P -4 ITEM QUANTITY ITEM DESCRIPTION AND UNIT NO. AND UNIT PRICE WRITTEN IN WORDS UNIT TOTAL PRICE PRICE 25. 2,020 If. Ark Trail A (W =12') (weu -, y and pa cam+ Cents $ 2D $ per i.f. 26. 760 l.f. Park Trail A (W =8') Ti Dollars an pc7 W Cents $ 15 $ I I 4W� per 11 27. 780 If. Prk Trail B (W =8') �l ��l/ Dollars and of Cents $yS _ $ (moo per 11 28. 750 If. Concrete Ditch ollars an by p v Cents per l.f. 29. 1,500 l.f. Wood Fence ;onirs:� per l.f. - Cents $ $� 30. 1 ea. J in Exissyng Inlet and Appurtenances fk)gLVC �,�1,(A W) T(Tli Dollar and du Cents $_?Tc�`� $� per each 31. 2 ea. Storm Drain Outlet Structure and Appurtenances and 60 dv Cents SIUD7 $ per each P -5 ITEM QUANTITY ITEM DESCRIPTION AND UNIT NO. AND UNIT PRICE WRITTEN IN WORDS UNIT TOTAL PRICE PRICE 32. 4 ea. T)pe V Inlet Dollars and,, Cents $�� $ per each 33. 3 ea. Catch Basin (L =7') and kcal Depression Iwe fY and Cents $I� per each 34. 4 each 12 Inch Park Grate Inlet SIX }�(,wgO Eo Dollars ain 00 Cents $_' $ per each 35. 1 ea. Parking Lot A Grate Inlet �� 1(1 l�flUSA�tJp �� Dollars and &k.th a ---f�>p/Y Cents $� � $ 65c - o per each 36. 12 ea. 9 Inch Atrium Grate D and _� 00 Cents per each 37. 16 ea. 6 Inch Area Drain D0E .(WIJ400 -I Cri o la and Cents $�� $ per each 38. 120 11 18 Inch Storm Drain Pipe and Cents $ $ 51Io0`- per l.f. P -6 ft ITEM QUANTITY ITEM DESCRIPTION AND UNIT NO. AND UNIT PRICE WRITTEN IN WORDS 0 UNIT TOTAL PRICE PRICE 39. 374 l.f. X15 Inch Storm Drain Pipe and vv Cents per 11 40. 480 l.f. 12 Inch Storm Drain Pipe and cx� Cents Lump Sum $ 1 per 11 41. 620 11 10 Inch Storm Drain Pipe t��Olt JQ 7bLlQ, Dollars and 00 iWbW 6aVeWY Cents Lump Sum $I[L+(L)� per I.f. 42. 1,050 l.f. 6 Inch Storm Drain Pipe Dollars and Do cx, Cents $12-7 $IZL per l.f. 43. 280 11 4 Inch Storm Drain Pipe Etkvcm (:Dollars Cents $1� per l.f. 44. 2 ea. rStorm Drain Cleanout 't`oul? .�u/pQJD Dollar and o v du Cents $ aW $ per each 45. 360 11 6 Inch Sewer Pipe Dollars an _ Cents $L $ 51 0 per l.f. P -7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL NO. AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 46. 2 ea. Sewer Cleanout mvi_- 1"pf9p Dollars and yr 44, Cents $4Qcc $ 60" per each 47. 7 ea. Parking Lot A Light —Xity Std - 202 -L -A) JK)b 7'( VSNVp jje}t�' Dollars and 00 06> 4(4l�pQ�D1 rl / Cents $ 235� $J(}— per each 48. 1 ea. P rking Lot C Light -TW* Dollars and 04 AWOQJL-�b � Cents $2:�6e $ per each 49. 1 ea. Relocate Church Parking Lot Lioh Dollar � and Cents $p�� $ IIOa per each 50. 37 ea. B Hard Light Dollar and OU J Cents per each 51. 33 ea. Pullbox T2 "Cm "Tl�tJ Doll and C, do Cents $ I ID $Q per each 52. 3,260 11 Trench for Electric Conduit(s) k� Dollar and uD 6 Cents per 11 10V • s ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL NO. AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 53. 660 s.f. 1:" PVC with Pull Rope T(,s� Dollar and 00 av Cents $Z, per s.f. 54. 2,320 11 Install Wiring in Existing Conduit ON [ Dollars and Cents $ $vJ per l.f. 55. 2,480 l.f. 14" PVC Conduit with AE ectric Wiring Iwo Dollars NtlJt�fi and $2, $ ill92 _° per 11 56. 1,040 11 1" PVC Conduit with Electric Wiring ME Dollars and dJ Cents $—L $ I per 11 57. 100 l.f. 2" House Gas Line Sioe ) Dollars and Cents oo $ $1Lob_ per 11 58. 2 ea. Backflow Prevention Device and� osure TIA)CW) �E��nc : 2 Dollars and Cents 460 $Z4M op $ 4,6V� per each 59. 2 ea. Irrigation Controller and Enclosure Stiff "ICE 44UQ 0 6jeDollars and Cents alp 00 $�Z��` per each MJ a • ITEM QUANTITY ITEM DESCRIPTION AND UNIT NO. AND UNIT PRICE WRITTEN IN WORDS UNIT TOTAL PRICE PRICE 60. 2,020 l.f. 1 Inch Park Irrigation Main I Dollars and ✓.�JJr`i -rl�E Cents s $ � 100 per 11 61. Lump Sum Parking Lot A Irrigation 1 T{�f IAy4►J� Dollars and 4a0i jp 1au l Cents Lump Sum 03119, per Lump Sum 62, Lump Sum Church and Parking Lots B C, and D Irrigation (kj� JI 'fLV ;r —FffD0 kND Dollars and -\� �tDJDQ� �� Cents Lump Sum $ 25 o0 per Lump Sum 63. Lump Sum P k Irri ation �(}� Q�'Tjb) -) Dollars and ap Cents Lump Sum $1SUD Lump Sum 64. 63 ea. 24 Inch B x Tree wD .�u[� j �(DJ Dollars and co Cents $� per each 65. 91 ea. 5 Gallon Shrub Dollars and Cents $� $�� per each 66. 20 ea. Plant Church Furnished Rosebush Dollars and v_o Cents $1= $ 2l.XQ per each P -10 0 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT NO. AND UNIT PRICE WRITTEN IN WORDS 67. 34,000 s.f. Natural Grassland Mix UNIT TOTAL PRICE PRICE Dollars _ an li1(ri ents $ 0A $.4&7'— per s.f. 68. 124,000 s.f. California Grassland Mix Dollars p''^ LTT�1� Yz aent $x.155 $ 1 ZZ02 per Lump Sum 69. 38,000 s.f. Erosion Control Mix Dollars 51JW -C N ` i2 C en t $Q, � $ 62Z� �o per s.f. 70. 25,000 s.f. Bluff Top Planting I wo Dollars and 00 Cents $ 2.(c0 $(� per s.f. 71. 27,400 s.f. Ceanothus Groundcover Dollars and- 'ri�L(j s�k Cents $L�q� $ 14009 per s.f. 72. . 1,800 s.f. Lantana Groundcover Dollars and 0D S()('ri ^N Cents $o. ON— per s.f. 73. 9,000 s.f. Pittosporum- Gazania Groundcover Dollars anLL SE�IeJr`i �l�G� Cents $ :s $6� per s.f. P -11 0 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL NO. AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 74. 8,400 s.f. Sodded Turf Dollars and 51 & �� 11C Cents $ Q, tj $ SAO— per s.f. 75. Lump Sum Parking Lot Signing and Striping (All lots) Sigbi m-66L ) Dollars an; dv Cents Lump Sum $ Tm per Lump Sum 76. Lump Sum Traffic Access Control Gate and Appurtenances Dollars and 00 Cents Lump Sum $ �` per Lump Sum 77. Lump Sum 90 Day Establishment and Maintenance 4anlars � — p,) Cents Lump Sum per Lump Sum 78. 1,000 l.f. Temporary Chain Link Fence 'f'l\t6 (Dollars and pi7 pc7 Cents $ per l.f. 79. Lump Sum Retaining Wall H Ll b HT Tffaks M" l Dollar a`na— U� Cents Lump Sum $� per Lump Sum P -12 4b 0 SCHEDULE OF WORK ITEMS ITEM QUANTITY ITEM DESCRIPTION AND UNIT NO. AND UNIT PRICE WRITTEN IN WORDS DEDUCTIVE ALTERNATIVE BID ITEMS UNIT TOTAL PRICE PRICE The following costs are to be subtracted from the total base bid amount: 1. Lump sum Delete 37 Bollard Lights, Footings and Connections to Pullboxes �i fTY /�i is AND and 2e Cents Lump Sum per Lump Sum 2. Lump Sum Delete 2,320 Lineal Feet of Install Wiring in Existin g Conduit r j C{ V6-wD oll rs and ao Cents Lump Sum ($ S06z) ) per Lump Sum 3. Lump Sum Delete 1,780 Lineal Feet of 1': Inch PVC Conduit with Electric wiring and Substitute 1,780 Lineal Feet of 1': Inch PVC Conduit with Pull Rope -r+bks AND Dollars an Cents Lump Sum ($7jobD per Lump Sum BID ALTERNATE 1 TOTAL PRICE IN WRITTEN WORDS (BASE BID TOTAL LESS DEDUCTIVE ALTERNATIVE BID ITEMS 1-3) ��}'� }n(UpU::9 �4ja„ - 52kWO Dollars ', and Cents Total Price Bid Alternate 1 in Figures P -14 4b TOTAL BASE BID PRICE IN WRITTEN WORDS fljk17a1M-;V1 r7Y 6bFIT Dollars and TN SANS Six .}}(LmoumT( N�i1Ve Cents P -13 `J Total Base Bid Price in Figures 4b The City of Newport Beach will have the right to accept either the Base Bid or Bid Alternate 1. The City of Newport Beach will determine the lowest "responsible" bidder on the basis of the Base Bid, and the basis of the Base Bid less the deductive alternative items. Bidder's Name: -E.4 (1LW± CDV 4 lhi(S1 Bidder's Address: Bidder's Telephone Number: l W+ I'll- Contractor's License No. & C J16191 Date P -15 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, 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 100/6 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 dearly marked on the outside of the envelope containing the documents. The City of Newport Beach will not permit a substitute format for the Contract 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. 1 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. 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 1 S/97 ft Page 2A Clerk. All parties to the contract shall be governed by all provisions of the Califomia 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 41010 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 411457 A&B Contractor's License No. & Classification E A Mmdoza CtntractiM Bidder ;Lk7 Date 5/97 3 �I Page 3 State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and 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 s9nPgifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any moneys to be withheld to endure performance under the Contract 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. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Bidder 5/97 30 presid3it c`.Q•d 1H101 0 a Page 4 BIDDER'S BOND We, the undersigned Pfinapai and Surety. our successors and assigns. executors. heirs and adn - AWMms, agree to be jointly and severally held and fMmty bound to the City of Newport Beach, a charter City, in the pri v*W SUM of TEN PERCENT OF BID - - - -- dollars ($ LO %- - -- 1, to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersipned Principal for the LOT" constnndion of "CASTAWAYS PARK LANDSCAPE. IRRIGATION & PARKING(fjtie of project and contract no.) in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contrard is awarded to the Principal. and the Principal faits to duty enter into and exewte the Contract Docxnents for the construction of the project in the form required within ten days (10) (not including Saturday. Sunday. and federal holidays) after the date of the mafng of Notice of Award; otherwise this ob6ga6on shall became nun and void. If the undersigned Principal executing this Bond is executing this Bond as an indnadual. it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond_ V fitruess our hands this 4TH day of JUNE , 19_q?. E. A. MENDOZA, INC.. // CONTWNTAL CASUALTY COMPANY ME40 Z$2. MICHAEL A. QUIGLEY Print Name & Me J lca r-5T Print Name & Title ATTORNEY -IN -FACT by. Signature of Attorney h4acd (Notary acknowledgment of Principal & Surety must be attached) 7L1i�Q •J Ci dCC, ih)1 rr.r.v.......� ..- ....,...� STATE OF _ COUN'T'Y OF 0 CALIFORNIA ORANGE JANE 25, 1997 0 I SS before me, H. TREDINNICK, NOTARY PUBLIC PERSONALLY APPEARED HICHAEL A. QUIGLEY personally known to me (or proved to me on the basis of saps actory 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. Signatures 1 OPTIONAL M. TREDiNNICK P OMNGE COUNTY -� .¢:..:. MY Comm. EiBlrn M,r. 2d, 1998 p This arm 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 ❑ PARTNER(S) rrrLE(s) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: I E Of PERSONIS) OR ENTtt PES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-MI Re°. 6/94 ALL- PURPOSE ACKNOWLEDGEMENT American Casualty Company of Reading, Pennsylvania CNA Par AU the Commitments You Make' OMIaYChlimW, gllnols POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Knorr AN Men by then Presents, That AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA, a corporation duly organized and existing under the laws of the Commonwealth of Pennsylvania, and having its principal office in the City of Chicago. and State of Illinois, does hereby make, constitute and appoint Michael A. Quigley, Individually Of Riverside, California its true and lawful Attorney -in -Fact with full power and authority hereby conferred to sign, seal and execute in its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company: "Article vl— Execution of Obligations and Appointment of Attorneydn -Fact Sedan 2. Appointment of Attorney -in -fact. The President or Vice President may, from time to time, appoint by written certificates attorneys - in -fad to ad in behalf of the Company in the execution of policies of insurance. bonds, undertakings and other obligatory instruments of like nature. Such attorneys -in -fad, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President or the Board of Directors may at any time revoke all power and authority previously given to any attorney -in- fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 11th day of November, 1966: "Resolved, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By -Laws. and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by fascimile to any certificate of any such power, and any power or certificate bearing such facsimile signatures and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall. with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." In Witness Whereof, AMERICAN CASUALTY COMPAN D READING, PENNSYLVANIA has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed this b day of JU Ly , 19...$8—. A°°' AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA State of Illinois I �°r'°��r° a County of Cook I ss 0 a ♦, • �- J.£. Purtell Vice President. On this 26th day of JUl V 1988 before me personally came J. E. Purtell, to me known, who. being by me duly sworn. did depose and say* that he resides in the Village of Glenview. State of Illinois: that he is a Vice - President of AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, the corporation described in the which executed the above instrument: that he knows the seal of said Corporation: that the seal affixed to the said instrument is such corporate seal: that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. 7 •� —° noranv.y rueuc Linda C. Dempsey eibtary Public. CERTIFICATE My Commission Expires November 12, 1990 I, George R. Hobaugh, Assistant Secretary of AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, do certify that the Power of Attorney herein above set forth is still in force, and futher certify that Section 2 of Article VI of the By -Laws of the Company and the Resolution of the Board of Directors, set forth in said Power of Attorney are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said Company this 25TH day of JUNE -1997 _ t9 97 • George R. Hobaugh ' A stant Secretary ■- 13142 -D INV. NO. G- 59202 -8 STATE OF CALIFORNIA SS. COUNTY OF ONCE 116,'1 JUNE 25, 1997 ,before me, N. TREDINNICK, NOTARY PUBLIC PERSONALLY APPEARED ERNEST MENDOZA, JR. personally known to me (or proved to me on the basis of saes actory evidence) to De 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. r� Signature T OPTIONAL e M. TficGiN: CK S � COMM. ntZ i''.5fl e -: NOTA7)Y ORANGE COUNTY d MY Comm. Expires Wit. 26.1999 This arm 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 TME(s) ❑ PARTNER(S) ❑ LIMITED GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: wwE OF oERSOMS) OR ENrrYMS) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 1D4B1 F° A "° ALL- PURPOSE ACKNOWLEDGEMENT 0 0 State of California ) ) ss. County of 02� 1 Page 5 arrest mart:aa Jr. , being first duly swom, deposes and says that he or she is vim President of E.A. [tea the party .making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any, undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fur 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. 1 declare under penalty of perjury of the laws the State 9KCalifomia t the foregoing is true and coned. E.A. Mmd:za Dx=Pcrated _ Bidder uth rized ignature vice a- asidTit Subscribed and sworn to before me this _day of .19—. [SEAL) Notary Public My Commission Wires: 5/97 STATE OF CALIFORNIA COUNTY OF ORANGE IM JUNE 25, 1997 ,before me, N. TREDINNICK, NOTARY PUBLIC PERSONALLY APPEARED ERNEST MENDOZA, JR. 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. %r`,, Signature OPTIONAL M. TREDINNICK K COMM. #1053088 IP NOTARY PUSUC - CAUFORNU $ ORANGE COUNTY ' • • UY Comm. Exalt„ U., 28, 188G ? 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 ❑ PARTNER(S) 10 iu!4bl ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENmrnES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE M-Ml Rev. 6'93 ALL- PURPOSE ACKNOWLEDGEMENT N r"1 1 .► 1161IMM 1111WEX, • : ► ► The undersigned submits herewith a statement of the work of similar character to that proposed herein which helshe has performed and successfully completed. Year For Whom Person • 11 L- =a• Performed •e To Contact T�11e,,lTeep��h^^o''ne Number 1997 4W of Om-ritCq/MxLuEnt Slab c • • :.• • 1997 LaIg Beach Uafied Sd=1s/jeffafscn Jr. Ric�i Art Wemh� (310) 435--%31 L997 Westet:n Mmciml %t—r %ter District/q:)eraticns Cmter Ttrry •- ••• :• 1997 City of - a/ a-ea Jr. High • •• Jose h. • ••• 1996 aty of smta Fe 4rugs/amais��- Ave. jer-cy Gaidstein (310) 859-0511 n •• — •• i• ..r Bidder 5/97 vice President • STATE OF CALIFORNIA SS. COUNTY OF ORANGE i On 10 ' "t' G) —1 , before me, M. TREDINNICK• NOTARY PUBLIC PERSONALLY APPEARED personally blown to me (or proved to me on the basis of satisfactory evr ence o e 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 OPTIONAL ss M. TRZDi" ::! -; NOTM: :.dliC - Cei.d JnfilA � ` ORANGE CCUrcrY Mr Comm. ExpPee Me;. 2P, SpS ;( 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 ❑ PARTNER(S) I miLE)S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARD IAN /CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR Ehrn Y(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 'o4)8' 1e 6/96 ALL- PURPOSE ACKNOWLEDGEMENT I Page 7 ►•1 • -11 C 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. LABOR AND MATERIALS 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) CONTRACT (Page 13) - 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. The Labor and Materials Payment Bond and Faithful Performance 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. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract 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 VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Propeft- Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions 5/97 0 0 BOND NO. 158730459 PREMIUM INCLUDED ON PERFORMANCE BOND I ARAB AND MkTMLAALS PAYMENT BOND EXECUTED IN FOUR COUNTERPARTS .1. i ... 1. • V =%• 1 10TS M-717. Newport Beach, in strict confotmity with the plans, drawings, specifications and other Contract Dowments in the off= of the Public Works Department of the City of Newport Beach. all of which are incorporated herein by this reference. Vv = REAS, Principal has executed or is about to execute Contract No. 3078 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principals subcontractors, shall fail to pay for any materials, provisions, or other supplies used in. upon. for. or abort 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 the undersigned Princpal, and.CONTINENTAL CASUALTY COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred t 1 fi�ty� bound unto the City of Newport Beach, in the sum of {gs,�a.62st lawful money of the United States of America, sand nnq equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of ft Contrad: for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jowly and severally. firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors. W to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other wort 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, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond. and also, in case suit is brought to enforce the obligations of this 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. The Bond shad inure to the benefit of any and all persons, companies, and corporations entitled to Me dW= under Section 3181 of the California Civil Code so as to give a right of action 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 Surety, for value received, hereby stipulates and agrees that no change, extension of time. alterations or additions to the terns of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its sn+ 60i901d 6L066L2t1T1L `J'Nil-ticLLNOD t2rk]1,13W 'ti'3 ":ST L66T- 52 -Nnf • 0 Page SA obligations on this Bond, and it does hereby waive notice of any such rte. extension of time, &aerations or ad&ww to the terms of the Contract or to the work or to the spectcatiom M the event thet any prkwipal above named a eWed this Bond a$ an InClMdual. It is agreed that the death of any such pr6topal shall not exonerate the Surety from its obligations under this Bond. IN VYM&SS WHEREOF. this instrurtwttt has been du exeailled by the above named prjnrapal and Surely, on the 25TH day of JUNE t99,7,- .. •7[ r�.., CONTINENTAL CASUALTY COMPANY Name of Surety 1800 EAST IMPERIAL HIGHWAY BREA, CA 92821 Address of Surety ATTORNEY -IN =FACT Title (800)262 -8714 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED si» E Ej Page 9 BOND NO 158730489 EXECUTED IN FOUR COUNTERPARTS (j'he premirxm Charges on this Bond is $ $ 8, 010.00 being at the rate of S 15.00 , thousand of the Contrac pre $ MTMND $7.00 WHEREAS, the City Council of the City of Newport Beach. State of CWornia, by motion adopted Jtme 23. 1997 has awarded to E.A. Mendoza Fa�ti;FCi;� hereinafter designated as the - Ptvhcipaf, a eontrad for No. 30?8 1 in the City of Newport Beach. in strict confomtty w1h the plans, drawugs. specifications, and other Contnad-Docutnents maintained in the Public Works Department of the city of Newport Beach. an of which are incorporated herein by this reference. WHEREAS. Principal has executed or is about to execute Contract No. 3078 and the tem1s thereof require the famishing of a Bond for the faithful performance of the Contract; NOW. THEREFORE, we, the Principal. and CONTINENTAL CASUALTY COMPANY . duly authorized to transact business under the laws of the State of Cafifomra as Surety (h ragager'Sur are held and firmly bound unto the City of Newport Beach. in the sum of j`gt hi]Y�t t2t� (5858,b25.001, lawful S7 a. -b';a �G ��i.c money of the United States of America. said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors. and assigns; for which payment well and truly to be made, we hind ourselves. our heirs. executors and administrators. successors, or assigns, jointly and severally. firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that 9 the Principal, or the Principal's heirs, executors, administrators, successors. or assigns. fail to abide by. and well and truly keep and perform any or an the work, covenants, conditions, and agreements in the Contract Documents and any attention thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specifie& and in all respects wording to its true intent and trhearwhg. or fans to indemnify. defend. and save harmless the City of Newport Beach. Its officers, employees and agents. as therein stipulated. then. Surety win faithfuny Perform the same, in an amount not exceeding the sum specified at this Bond; otherwise this obligation shall become nun and void. As a part of the obligation secured hereby. and in addition to the face amount specified in this Performance Bond, there shag be included costs and reasonable expenses and fees. incud'ug reasonable attorneys fees, incurred by the City. onty in the evert the City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of tine. alterations or additions to the terns of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shag in any way affect its obligations on this Bond. and it does hereby waive notice of any such change. extension of time. alterations or additions of the Cad or to the work or to the specifications. S /fl AAZAM',d 9J.CW:,9J7bTl. �0 -d -1t101 �J Page SA This Faithful Performance Bond shall be extended and mafntW*d y the Project by the force and gifted for six (6) months fdtlmft the date of banal acoe>Xa<+�e C*Y- In One ever't that the Principal executed th s bond as an kxWx ual. it is under #us agreed � the death of any such Pry shall not exonerate the Surety from its o*abons IN WITNESS WHEREOS this t Surety above named, on the day i CONTINENTAL CASUALTY COMPANY Name of Surety 1800 EAST IMPERIAL HIGHWAY Address of Surety BREA, CA 92821 (800)262 -8714 Telephone *16MZA. QUIGLEY ATTORNEY -IN -FACT NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED DATE (MWODIYY) D6/27/1997 PRODUCER (714)261 -5335 FAX (7TM)261 -1911 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION rutton- insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2913 S. Pullman St. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92705 COMPANIES AFFORDING COVERAGE .............. I.......................... ,.. COMPANY PacificInsurance.- (Gateway) Attn: Ext: A .......... ................. ......... ........................................................... .................... ......................... .......:............................... .................................................................... ......................_........ INSURED COMPANY CIA Insurance Company E. A. Mendoza Inc. B DBA: E. A. Mendoza Contracting.......... .... ................ ......................_....,._.................. ............................... 130 S. Chaparral Ct., #205 'COMPANY Fremont Compensation Anaheim, CA 92808 C COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. . . . . . . . . .. . .. . . . . . . .. . . . .. . .................................... . . . .. . . . . ........ . . . ....... . ............................ . ........ ........................................... .:................................ .. ............................................................. . . . . CO : TYPE OF INSURANCE POLICY NUMBER .' POLICY EFFECTIVE : POLICY EXPIRATION. LIMITS Lift : DATE (MMIDDIYY) ? DATE (MMMDffY) GENERAL LIABILITY : GENERAL AGGREGATE :.................. F f 2 , 000, OOO ;. ... X 1 COMMERCIAL GENERAL LIABILITY ................................... PRODUCTS- COMP /OP AGG < ........._..................... ? S 1, 000, OOO 0u. ;.. .... .. CLAIMS MADE X OCCUR ! A 210006038 ..... .... ! ` PERSONAL & ADV INJURY 04/01/1997: 04/01/1998 - .. E _ _ 1, 0. 00_, OO.O_ - OWNER'S &CONTRACTOR'S PROT{ i .. EACH OCCURRENCE f 1,000,000 :......< ...................... ........................._. :FIRE DAMAGE (Any ane fire) d :. !E Excluded ,: ..... __...._.........__...___ MED EXP IAry one mmnl _- _..._. ....._. .._- __.... iS Exclud Pd AUTOMOBILE LIABILITY X :ANY : COMBINED SINGLE LIMIT f :...... AUTO ,: _ ............................. 1,000,000 ALL OW NED AUTOS ... - ................:.... i BODILY INJURY ............................... SCHEDULED AUTOS (Per Pemn) f g >......, BUA1055582984 04/01/1997 04/01/1998 .......... ............................... .. ....................._......... HIRED AUTOS BODILY INJURY i S - NON -OWNED AUTOS :(Par acc7tlenQ t. .. i : ................. ............................... i i ! PROPERTY DAMAGE E f :GARAGE LIABILITY ? LrrO ONLY ..EA ACCIDENT f ANY AUTO OTHER THAN AUTO ONLW. ...: - ..... ..... , .. ....E .............. .................. .. D _�.. E EACH ACCIDENT S AGGREGATE'S `. EXCESS LIABILITY ........ CH OCCURRENCE >--. ......__. ... .. ........ _ ........ d S . ............................... UMBRELLA FORM ........: :AGGREGATE .................... ................................................................... S 1 OTHER THAN UMBRELLA FORM :$ i WORKERS COMPENSATION AND TORY TATU EMPLOYERS' LIABILITY L E EACH ACCIDENT : S 1, 000, 0O O C WN97696442 -01 04/01/1997 € 04/ 01/ 1998 [__ ....................................... ................_........_...__ THE PROPRIETOR! k f INCL '........ i 7 EI. DISEASE - PODCY LIMB : E 1, DOO 000 PARTNERS/EXECUTIVE :.............................................:....... , ............................... OFFICERS ARE: E %CL E EL DISEASE- EA EMPLOYEE i S 1,000,000 OTHER tificate Holder is named as Additional Insured per form G209 attached,as respects to taways Park Landscape Irrigation and Parking Lot. Improvements (3073) 10 days notice cancellation for non - payment of premium. City of Newport Beach Public Works Department Attn: Shauna P. 0. Box 1768 Newport Beach, CA 92658 -8915 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Stanl v-1-0.- 0 ..'e CONTRACTOR'S — SPECIAL COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1.) AMENDMENT- GENERAL. AGGREGATE LIMITS OF INSURANCE TO APPLY PER PROJECT The General Aggregate Limit under LMffS OF INSURANCE (SECTION III) applies separately to each of your projects away from premises owned by or rented to you. 2.) BLANKET ADDITIONAL INSUREDS- REQUIRED BY CONTRACT OR ISSUANCE OF A PERMIT (A) WHO IS AN INSURED (Section 11) is amended to include as an insured any person, organization, trustee, estate or governmental entity to whom or to which you are obligated, by virtue of a written contract or agreement or by virtue of the issuance or existence of a permit, to provide insurance such as is afforded by this policy, but only with respect to liability arising out of. 1. `Your work" for the additional insured(s) or for which a governmental entity has issued a permit, or 2. Acts or omissions of the additional insured(s) in connection with their general supervision of 'dour work" at the location shown in the Schedule; then only for the limits of liability specified in such contract or agreement, but in no event for limits of liability in excess of the applicable limits of liability of this policy, provided that 1. such person, organization, trustee, estate or governmental entity shall be an insured only with respect to occurrences taking place after such written contract or agreement has been executed or such permit has been issued, and 2. a) the name of such person, organization, trustee, estate or governmental entity has been furnished to the company as of the effective date of the policy, or b) (i) such contract or agreement takes effect or such permit is issued during the policy period, and Page l of 4 Copyright, First state Management Group, Inc., 1995 (Includes copyrighted material of Insurance Services Office with its permission Copyrighc, Insurance Service Office, 1985) (ii) the named insured notifies us, within 180 days after the effective date of the contract or agreement or the issuance date of the permit, of the date as of which such person organization, trustee, estate or governmental entity shall be included as an insured. (B) With respect to any such person, organization, trustee, estate or governmental entity included as an insured by virtue of this provision, the first named insured is authorized to act on behalf of such an insured with respect to all matters relating to this policy. Such matters include the giving and receiving of notice of cancellation or non - renewal, and the making of changes in the policy terms with the company's consent ; provided, however, this shall.not relieve an insured of the duties set forth in Condition 2. (Duties in the Event of Occurrence, Claim or Suit) of the policy. For the purpose of this provision, "First Named Insured" means the person or organization first named in the Declarations of the policy. (C) With respect to the insurance afforded these additional insureds, the following additional provisions apply: 1. Under Coverage A, exclusions (a), (d), (e), (f), (h2), (i) and (m), apply to this insurance and any other exclusions added by endorsement to the policy which amend the previous exclusions or are added in addition. 2. Additional Exclusions. This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the additional insureds) are obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the additional insured(s) would have in the absence of the contract or agreement. (b) `Bodily injury„ or "property damage" occurring after: (i) All work on the project (other than service, maintenance, or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (ii) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. Copyright, First State Managcmrnt Group, Inc., 1995 (Include copyrighted material of Insurance Services Office with its permission. Copyright, Insurance Services Office, 1985) Page 2 of 4 (c) `bodily injury" or 'property damage" arising out of any act or omission of the additional insured(s) or any of their employees, other thaw the general supervision of work performed for the additional insured(s) by you. (d) "Property damage" to: (i) Property owned, used or occupied by or rented to the additional insured(s); (ii) . Property in the care, custody, or control of the additional insured(s) or over which the additional insured(s) are for any purpose exercising physical control; or (iii) "Your work" for the additional insureds) (e) `bodily injury" or '�roperty damage" arising out of the sole negligence of a lessor of leased equipment or to any 'occurrence" which takes place after the expiration of an equipment lease. (D) Coverage provided by this endorsement to the Additional Insured(s) shall be primary insurance. Any other insurance maintained by the Additional Insured(s) shall be excess and non - contributory. 3.) DUTIES IN THE EVENT OF OCCURRENCE (A) The requirement in Condition 2.a. (Section IV) that you must see to it that we are notified of an "occurrence" applies only when the "occurrence" is known to: (1) You, if you are an individual: (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. (B) The requirement in Condition 2.b. that you must see to it that we receive notice of a claim or 'knit "will not be considered breached unless the breach occurs after such claim or "suit" is known to: (1) You, if you are an individual: (2) A partner, if you are a partnership; or (3) - - An- executive officer ordrourance manager, if you are a corporation. Pago 3 of 4 Copyright, First State Management Group, Inc., 1995 (Includes copyrighted matesinl of Insnraace Services Office with its pc:nussioa Copyright. hmmnnec Services Office, 1985) 4.) ACTIONS IN REM WHO IS AN INSURED (Section II) is amended to include: 5. Any vessel owned, operated by or for you or chartered by or for you with respect to an action in rem shall be treated in the same manner as though the action were in personam against you. 5.) PROPERTY DAMAGE- BORROWED EQUIPMENT (A) Exclusion j. of COVERAGE A (Section 1) is amended as follows: Paragraph (4) of this exclusion does not apply to '�roperty damage' to borrowed equipment while not being used to perform operations at the job site. (B) 'This insurance is excess over any other valid and collectible property insurance (including any deductible portion thereof) available to the insured whether primary, excess, contingent or any other basis. (C) Only with respect to this additional coverage, the Each Occurrence Limit shown in the Declarations is amended to read 575,000. (Section III - Limits) Page 4 of 4 Copyright, First State Management Group, Inc., 1995 G -209 1 12195) (Includes copyrighted material or Insurance Services Office with pmrdssron. Copyright, Insurance Services OfUoc, 1985) 07/02/1997 10:22 It is agreed tot. 714 -2SI -1911 0 TUTTON INSURANCE PAGE 02 Page 11 With reaped to such insW'8noa 8esb afforded by thepolicy for General liability, the City of Newport Beach. Its offkefs and employees are addiional insureds, but only with respect to 6abiity arising out of operatwts.perfonned by or. on behalf of the named insureds in owmedion with the oonbua drs bated below or, acts and omissions of the additional insureds in oannec Lion ft ft general supervision of such operations. The insurance afforded Bald addltionaj, k url4s) 4han apply as primary insurance and no other insurance makrW,*d by the Ci y of.NevrfiClt. Beach shall be called upon to contribute with insurance provided by this policy. . 2. The poky includes ihe:tollorv09#0vision: -rho Insurenob. Aftadmd J)'y the policy applies separately to each Insured agWnsk#ftm4dm is made or auk is brought, except with respect to the hn to of•'Ysbalty of the Company affordtng coverage. 3. The Insurance. affordpd by tne.,porlcy for Contractual Liability Insurance (subject to the terms. conditions and.exchrarmrb; applicable to such insurance) includes liability assumed by the named insured.underlhe indemnificaWn:or hold harmless provision contained in the written contract deslgnjdad below. between the named insured and the City of Newport Beach. 4. WRh respect to such vlsurboa as is afforded. by this policy, the exclusions, if any, pert r&g to the ergilodon #retard, collapse he=ard and underground property hazard (commonly referred to as °XCU' hazards) are deleted. 5. The la is of Bat ift under pits endorsemar4 for the additional insured(B) named in Paragraph 1 of Oft .endorsement shall be tare bunks indicated below writttn on an *OomTeW bask QO Conpt*cial () Comprehensive Oenarai Liabllky 3 1 :,g 0 0, 000 each occurrence 5 ZJ00.000 aggregate The app§== llrk' of Conl�ktuel Lkbinty far the eomparry affording coverage shall be reduced by any amount paid as damages under this endorsement in behalf of the additional Inaurtds). The limits of rmbft:as stated in this endoreerflent shall not increase the total liability of the company affordreQ cove*e for ati damages as the result of any one occurrence in excess of the limits of Vabillty stated in the polldy as appricable to c36mral LWAty Insurance. JUL. -02 -1997 10:38 10 { 714 261 1911 FE 07/02/97 15:28 TUTTON INSURANCE t 2799079 0 NO.615 P001 Page 11A 6. Should the policy be non - renewed. canceled or coverage reduced before the expiration date thereof, the Issuing Company shag provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Wocks Department. 7. Designated Contract Castawags Park Landscape Irrigation and Parking Lot Project Title and Contract No. Maprovmertts (3078) This endorsement is effective 6-?.-7-q7 at 12 :01 am. and forms a part of Policy NoZ1000603801' oar; p;, r_ (CompanyAffordingCoverage)- Insured: E. A. Mendoza Endorsement No.: i ISSUING COMPANY By. Authorized Repres'irttative rr P� �. FaK Note r 07/02/1997 10:22 It is agreed tfad: 714 -261 -1911 TUTTON INSURAN� Page 12 M respect to such 4moance as is afforded by the ODacy for Automobile Liability. the City of Newport Beach, its officers and employees are additional insureds, but only with respect to kMty for damages ariaing out of the ownership,.malntenance or use of automobiles (or autos) used by or on behalf of: the named insured in connection with the Contract designeted below. The Wourano extended by this endorsement to said additional insured does not apply to bodily ihpxy or. pop" damage sulking 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) operatad by an additional Insured. The insurance afforded said additional insureds) shall apply as primmy:insurance and no other insurance maintained by the City of Newport Beach shale be called: upon to oontribute fth insurance provided by this policy. 2. The policy Includes the followkV eiovlsion; -The insurance. sffordrd;ty the policy apples separately to each Insured who Is seekirt) :dpwerage or against whom a claim it made or stilt is brought, exo*' wkh reaped to the limits of liability of the company affonOng cove*e." 3. The Antics of liability.,under4ft endorsement for the additional insureds named in Paragraph 1 of this eniimwalent shall be the Wnks indicated below for either Multiple Umtts or Single Umit () MUM* tlrrtits Bodily injury Liability Bocalylrtjury, Uabilitlf Property Damage l.talrslb $ per person S per accident S S 1rQ' ©t1r000 The links of Ilabkltyva star in this endoraert W shale not increase the total liability of the company affording cover* for ale damages as the result of any one accident or o0c rmnoe In excess of thti Miff of Ilabliky stated In the policy as applicable to Automobile LW*ay Insurance. JUL -02 -1997 10 :39 *- 7. 714 261 1911 D Page 13 THIS AGREEMENT, entered into this 23r day of ,Time , 19_93 by and between the CITY OF NEWPORT BEACH, hereinafter "City," and E.A. Mendoza Contracting , hereinafter "Contractor," is made with reference to the following facts: A. WHEREAS, City has advertised for bids for the following described public work: Cast awayys Park Landscape Irri tipn an d Parking Tn+ TT�mrnv yJc (��rolect ") 3078 Project Description Contract No. B. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. 5/97 NOW, THEREFORE, City and Contractor agree as follows: 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Plans and Standard .Special Provisions, Plans and Special Provisions for Contract No. 3078 , Standard Specifications for Public Works Construction (current edition) and all supplements and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and fumish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project: All of the work to be performed and materials to be fumished shall be in strict accordance with the provisions of the Contract Documents. Contractor is required to perform all activities, at no extra cost to City which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Eiqht hundred fifty eight thousand _six hundred twenty five Dollars ($ 858.625,00 1. 07/02/1997 10:22 714- 261 -1911 • This compensation includes: TUTTON INSURANCE PAGE 06 Page 14 (a) Any ices or dam"*.;,W UV "M the netirro Of" wodr, (b) Any tires r%.darnm**%ing from any unforeeetn dtlficuRies or obstructions in the petfpnnerxi4:af fhe work (C) Any 6)p "M inoir*d as a re9uit of any suspension or discontinuance of the work, but excludes any lM nOAM from earthquakes Of a magnitude in excess of 3.5 on the Ridden 3ade artW1081 waves, and which tires or expense occurs prior to aoeeptanoe Of tttewOrk 11CRy, 4. Unless a shorter time is specified elsewhere in this ContmcL beford .makitrg its final request for payment under the Contract Documents, Cor&aetw#M submit to CRy,.in writing, all claims for compensation under or arising dut of tttis'Cor►tract. ConhWor's seoeptance of the final payment shall cord flute s waiver of all claims for compensation under or arising out of this Contract except lhotelpf* lously made Wwriting and identified by Contractor in writing as unsstfled at 0*11rne of its final mouest for payment. 5. WROIEN N=rE AAy written notice ro.qulred to be given under the Contract Dowmants sheB.be peftrmed by depositing the same in the U.S. Mai(, postage prepaid, directed to the address of Contractor and to City, addressed as follows: u *ni1C a" • I 'I am aware Of the pticwwisloA �( section 3700:0f the LSW Code which requires every employer to be InWu ' against Qab i ft for Workers' Compensation or undertake seNnsummce In ai aordanoe with the: provisions of the Code, and I will comply wUh such ptovmlons before commencing the pmf male of the work of this Contract` Insurance Is to be plfieed with tneuremvdth a Best's rating of no less than AM and insurefa must be a Callfornle AdMI ted Insurance Company. Contractor rattail fymish City with OW) Aeates of insurance and with original endorsements ~din coverage relquired by this Agreement. The oeroficates.srtd er pements for each insurance policy are to be signed by a JUL -02 -1997 10:40 714 261 1911 P.06 07/02/1997 10:22 7147261 -1911 TUTTON INSURANCE PAGE 07 Page 15 person aulhomod: by that insurer to bind coverage on its behalf, on forms provided by City. AN oartiocates and endorsemento are to be received and approved by City before vmrk commences. Cilly reserves th8 right to require complete, certified copies of all required insumn oe policies. at any time. Contractor shall procure' and maintain fdr the duration of the contract insurance against. claims .0 Injuries to persons or damages to property which may arise from or.in coi6o Lion with the parkwmance of the work hereunder by Contractor, his algaft,: representatives, employs" or subcontractors. The cost of such Instttarlce aW be Included in Contractor's bid. NIN „ ,. a •:- •. l7 [ _ m Coverage shall be at loest)os broad as: insurance Servloes Qlfic® Commercial General Liability coverage "occureow form: number CG 0001 (Edlion 11185) or Insurance Services Office form number GL 0002 (Edition 1173)•eovenng Comprehensive General Liability and Insurance.ftvwes Office form number GL 0404 covering Broad Form Comprehehsive 04ileral Liability. 2. Insurance Seryfoas offit.A Business Auto: Coverage form number CA 0001 0187 covering Autom006 Liabl*, code 4f any auto' and endorsement CA 00291288 Changes In 6091ness Auto and Truckers Coverage forms - Insured Contract. 3. Workers' Comom satibr otsursnoe as reW ed by the Labor Code of the State of California and Emplc 6m liability insurance. B. iditilM IM LIMi"DER"OUIMNGE Coverage limits shall be no less than: General Uabgltyt $-1 Mill combined *Wde Omit per occurrence for bodily Injury, personalinjury 8nd propM1y darrtftya. If Commercial Liability Insurance or other form with a.. general aggregate Omit is used, either the general aggregate limit :.shall apply separately tp. this projectllocation or the general aggregate limit shall bs'twice the required occurrence limit. 2. Automobile LlabOlty: *J. i 111 ontbined singte Omit per accident for bodily injury and propft damage. 3. Workers' Compensation and Employffg Liabolly: Workers' compensation limits as required by the Labor Code of AM State of California and Employers Liability. JUG -02 -1997 10:40 7141261 1911 P.07 07/02/1997 C. Q 10:22 714- 261 -1911 TUTTON INSURANCE Page 16 QFD+y�TIBLES Alm °EL=fT-it SIAsn RPTZOOM Any deductibles or seff-l"Mil4w retentions must be declared to and approved by City. Al the option of City, either: the iflsurer shall reduce or eliminate such deductibles or satf4rai"d retentions at respects City, its officers, officials, employs" and "Wunteers; or GOntractOr shall procure a bond guaranteeing payment of losses and. related investigations, claim administration snd defene A. wpenses. OTHER 1bIBURA' .-E POOM61ONS The potiotes are . t0 contain, or be endorsed to contain, the following proviatons: Oflne I LIa rity' !�+ A !nbile �labilily ellVrllr OAS a. City, its o}Ifcers,: o$dals, employeas;and volunteers are to be covered as addkiorlsi insureds as respects; liability arising out of activities performed by or -on behalf of Contractor, including the insured's general supenA iW of Contractor', pMducts and completed operations of Contractor; proTtises owned, o6cupied or used by Contractor: or automobMs o+Mnietf, leased, hired or borrowed by Contractor. The Coverage shell oWsIn no special krObtlons on the scope of protection afforded'to City: Its officers, officials, employees or volunteers. b. Contractor's ranee coverage:: shall be primary insurance as respects City..iW oftloer9, officials,, employees and volunteers. Any insurancs or sellLinsurance malnf�lned by City, its officers, officials, employees and.: votuntesm shaN:` be excess of the Contractors insurance and at*U not contribute wwith it. r-, .: c. Any fanute to: or iply with reportirigprovicions of the policies shall not affect oiWet'age.provided to City, is officers, officials, employees and voluntatrs. d. Contractor's Iftwironce shall spply.separately to each insured against whom Ctalm is ( Ade or suit is brought, except with respect to the limits of the ftSBurer'e:liability. e. The Insursnos afforded by the pollcy . for contractual liability shall fndud6 flablfi , assumed by conftft dor under the indemnificatianihold harmless proviolon contained in tltis Agreement IUL -02 -1997 10 :41 714 261 1911 m 07/02/1997 10:22 714 -261 -1911 TUTTON INSURANCE 60'a 1b'10t • Page V 2. The insurer shall anise M:: Waive all righta .6f subrogation against City, its officers, offtoials, eiriptoy and volunteers for tosses arising from work performed by Contrador for =Lily. :J .. IT" Each insurance policy reciWad by this daus6 =shall be endorsed to state that coverage shall not bi suapmhded, voided, canceled by either party, reduced in coverage or in Netts eat;W after thirty (30) days'. prior written notice by certified mail, retum .recegtt ftquested, has b6tln given to City. PAGE 09 E, Acts of G0d: PUrS.U.Xt t0. io Cr>Z�—c� �� 7105, Contractor shall not be responsible for file ra and testorFttpdamago to Work, when damage is determined to hae. been pro>drnataly cauW by an Ad of God, in excess of 5 percent of the Contrail: otnount provided tat the Work damaged is built in accordance with the plans gild spedfrcationa.. F sight to ston_tNQt for.'t@eh-Ccv±+dian oky ehati have the right to offer the Contractor to stop Work :under this Agreement andfor withhold any payment(s) which became :due to CONTRACTOR heraunder until CONTRACTOR demonstrates compliance yi>lrth the requirotrierils of this article. B. RgaPONS1a1L�t 't3R= �.�•AGE;gOB1►� "��Y A. City and all ofiors, etnployaea and fgxa9erxWives thereof shall not be responsible In arty manlier; for any loss or tl8magW that may happen to the Work or any part thereof tor' loss or damage .. amage to arty of the materials or other things used or employed in p*f:orming the Work, for kqury to or death of any person eilhor workers or the pi> k, or for damage: o property from any cause arising from the consMidion:af the.Weik by Contractor, �br its subcontractors, or its workers, or anyone emptayatd by M: a. ContrWor shall -be reapopaible for any liab' ity imposed by law and for injuries to or death of any pew or � to prop" resubV from defects, obstructions or from any cause aAatng treat Contractors wak on the Projed. C. Conbv ctor shad indett *, hold hamtlaiis, and defend City. Its officers and employees from end. Against (1) any AM all loss, damages, liability, claims. allegations of WtWHty, siitit6, costa and, dxpenses for damages of any nature whatsoever, k%dudirtg : but not limited to, bodily injury, death, personal Injury, proporW damages, or r+tliY other claims q ising from any and all ads or omissions of Contractor, its erh*Yaas, agents oT auboontractors in the performance of services or wcW condoeted or performed: pumuart to this Agreement; (2) use of improper nuAMara in c6►tstrucdon of "'`Work: or, (3) any and all claims asserted by Contractor, .6 quIpw..Mractora or suposm on t1w project• and shalt include responsble aftrneyd' .4iiias and all outer costs incurred in defending any such JUL -02 -1997 10 :42 714 261 1911 ,. Page 18 claim. Contractor shall not be required to indemnify or defend City from the sole negligence or willful misconduct of City, its officers or employees. D. To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. E. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Agreement. F. The rights and obligations set forth in this Article shall survive the termination of this Agreement 9. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Agreement and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 10. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 11. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: CI CLE,F�} APPROVED AS TO FORM: CITY ATTORNEY FAcat\debbie%agtbid.doc 5/97 CITY OF NEWPORT BEACH A Municipal Corporation C By: CONTRACTOR B y Authorize ignatur d e \J R Aa 05 -1497 June-2, -1997 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 CASTAWAYS PARK LANDSCAPE, IRRIGATION AND PARKING LOT IMPROVEMENTS CONTRACT NO. 3078 1. Clarifications modifications and additions to the plans and specifications are discussed in more detail in the following sheets of this addendum. 2. Bidders must sign Sheet Number 1 (this sheet) of the this Addendum and attach it to the bid proposal. No bid will be considered unless this sheet is signed and attached. Lnn::± Emmet Berkery Project Management Consultant 1 EA AJD"Ixf Bidder's Name (Please Print) July 1, 1997 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Wakeham -Baker Inc. 3152 E. La Palma Ave., Suite I Anaheim, CA 92806 Gentlemen: (714) 644 -3005 Thank you for your courtesy in submitting a bid for the Castaways Park Landscape, Irrigation, and Parking Lot Improvements project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similar nature. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach July 1, 1997 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Terra -Cal Construction, Inc. 14530 Joanbridge Street Baldwin Park, CA 91706 Gentlemen: (714) 6443005 Thank you for your courtesy in submitting a bid for the Castaways Park Landscape, Irrigation, and Parking Lot Improvements project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similar nature. Sincerely, ,�Q V" (n. 4a�'�aA LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach July 1, 1997 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 Aman Environmental Construction, Inc. 614 East Edna Place Covina, CA 91723 Gentlemen: Thank you for your courtesy in submitting a bid for the Castaways Park Landscape, Irrigation, and Parking Lot Improvements project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similar nature. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach July 1, 1997 0 9 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Los Angeles Engineering, Inc. 4134 Temple City Blvd. Rosemead, CA 91770 Gentlemen: (714) 6443005 Thank you for your courtesy in submitting a bid for the Castaways Park Landscape, Irrigation, and Parking Lot Improvements project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similar nature. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach July 1, 1997 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Clayton Engineering, Inc. 3661 Spruce Street Newport Beach, CA 92660 Gentlemen: (714) 644 -3005 Thank you for your courtesy in submitting a bid for the Castaways Park Landscape, Irrigation, and Parking Lot Improvements project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similar nature. Sincerely, f:�L '. M. H LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach July 1, 1997 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Gillespie Construction, Inc. 245 Fischer Ave., Suite B -3 Costa Mesa, CA 92626 Gentlemen: (714) 6443005 Thank you for your courtesy in submitting a bid for the Castaways Park Landscape, Irrigation, and Parking Lot Improvements project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similar nature. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach July 1, 1997 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Valley Crest Landscape, Inc. 1920 So. Yale Street Santa Ana, CA 92704 Gentlemen: (714) 6443005 Thank you for your courtesy in submitting a bid for the Castaways Park Landscape, Irrigation, and Parking Lot Improvements project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similar nature. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach July 1, 1997 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Goodman & Peloquin Inc. 521 E. Walnut Avenue Fullerton, CA 92632 Gentlemen: (714) 644 -3005 Thank you for your courtesy in submitting a bid for the Castaways Park Landscape, Irrigation, and Parking Lot Improvements project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similar nature. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach 0 • 0 t3s) November 12, 1996 CITY COUNCIL AGENDA ITEM NO. 15 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: CASTAWAYS PARK STATUS REVIEW RECOMMENDATIONS: Approve plans and specifications for Castaways Park and authorize the Public Works Department to advertise for bids for the first construction phase: Construction of Castaways Park Landscape and Irrigation Improvements. DISCUSSION: On April 10, 1995, the City Council directed staff to proceed with the implementation of a concept plan for the Upper Castaways View Park (which was subsequently formally . named "Castaways Park "). The approved concept was labeled Concept D and was one of several submitted by staff for the Council's review. A copy of Concept D is attached. In addition to approval of Concept D, the City Council imposed the following conditions: 1. The Upper Castaways Point (the location of the former Castaways restaurant) and the area between the trail and the meadow shall remain as natural as possible. 2. The design will take drainage away from the bluff face to reduce bluff erosion with the least grading impact. 3. The historical trail (the remnants of the original paved access drive to the restaurant) from the Cliff Drive /Dover Drive intersection is to accommodate bicycle and normal pedestrian use and remain at its present grade. 4. The sidewalks are to remain as they presently are on both sides of Dover. 5. A traffic signal will be installed at the Cliff Drive /Dover Drive intersection. 6. Emergency and handicapped access will be provided through the end of the parking lot off 16th Street as shown on Concept D. 7. There will be no new reconfiguration of Dover Drive. • 0 SUBJECT: CASTAWAYS PARK STATUS REVIEW November 12, 1996 • Page 2 Staff was also directed to present final plans to the Parks, Beaches, and Recreation (PBR) Commission and to the City Council for final review prior to advertising for bids. Concept D provided a 30 -space City parking lot adjacent to Dover Drive on a portion of the Newport Harbor Lutheran Church. Vehicular access to this lot is taken from 16th Street. Since the City would have to acquire a portion of Church property to construct this lot, the City would, in turn, grant the Church an "exchange" parcel on which a replacement parking lot for the Church would be constructed. Concept D also provided a paved pedestrian and emergency maintenance vehicle access from the end of the City parking lot to connect to the network of trails in Castaways Park. This particular access would be constructed at a gradient in conformance with ADA requirements. City staff and consultants subsequently made a submittal to the California Coastal Commission for approval of Castaways Park per Concept D, with a portion of the 30- space parking lot encroaching into the existing marsh located adjacent to Dover Drive and the southwesterly corner of the Church property. On September 14, 1995, the Coastal Commission approved the project with certain special conditions. The most significant condition was Special Condition No. 1 which • required the redesign of the project to avoid 3ny impact to the marsh, and to resubmit said redesign to Coastal Commission staff for approval. Exhibit A shows the revised design that was developed by staff and consultants which eliminated the encroachment (and any impacts) into the marsh. The revised concept requires a larger acquisition from the existing Church parking lot and the construction of a larger replacement parking lot for the Church as a consequence. The Coastal Commission staff, has approved the revised design. In the past several months City staff and consultants have had several meetings with representatives of Newport Harbor Lutheran Church to discuss the terms of the necessary land exchange, the nature of the improvements to be constructed on Church property, and to prepare a Development Agreement between the Church and the City. Several drafts of the Development Agreement have been reviewed by the Church and City staff, and staff believes a final draft Development Agreement will be achieved very soon, and once the City and the Church are in accord, the Development Agreement will be presented to the City Council at a public hearing for approval. At Councilmember Glover's suggestion, a subcommittee of S.P.O.N. and other interested parties was invited to provide recommendations to staff and design consultants regarding the planting and seed mix to be used in those portions of Castaways Park which will be planted under this first phase. The subcommittee • developed a proposed master planting plan for the entire area of Castaways Park. • • SUBJECT: CASTAWAYS PARK STATUS REVIEW • November 12, 1996 Page 3 Their plan proposes planting of the entire area encompassed by Castaways Park with native vegetation and wildflowers. While such a plan is beyond the scope of the current project, the tree species and hydroseed mix proposed to be used in Phase 1 are compatible with the subcommittee's concept. There were several presentations of the project by staff and consultants to the Open Space Committee of the Parks, Beaches, and Recreation Commission, and to the full Commission at its meetings of February 6, May 7 and July 2, 1996. Earlier this year staff received a proposal from Taylor Woodrow Homes (TWH) to allow them to rough grade the areas of Castaways Park encompassed by the wide drainage Swale, the Church replacement parking lot, and the trail connection from the new City parking lot. Since this grading required approximately 5,000 cubic yards of export and since TWH proposed to do the grading and dispose of the export at no cost to the City, they were allowed to proceed. As part of Phase 1, these areas will be fine graded and contoured to provide a more pleasing natural final appearance. Slopes will be varied and berms will be lowered. . At the July 2, 1996, PBR Commission meeting, staff and consultants presented the design plans for Castaways Park to the Commission for review and recommended approval. The main elements of the design are: • A network of paved asphalt trails in conformance with the Concept D. This network will connect to the bluff top trail currently under construction by TWH in compliance with their conditions of approval. When complete, public access to the trail system will be provided at: i) Dover Drive adjacent to Blue Gum Lane ii) Polaris Drive just southerly of Santiago Drive iii) The southerly end of the new 30 space City parking lot iv) Dover Drive just southerly of Cliff Drive (the old or historical road connection) In compliance with the Coastal Commission Permit, coastal access signs will be placed at these points. 11 SUBJECT: CASTAWAYS PARK STATUS REVIEW November 12, 1996 Page 4 • A land exchange between the City and Newport Harbor Lutheran Church in order to construct the 30 space City parking lot and a replacement parking lot for the Church. As part of this exchange, the Church will receive a small parcel (0.09 acres) along their boundary with TWH. This parcel was originally part of the TWH subdivision. • Regrading of the wide Swale area and adjacent berms to provide a more natural appearance, and hydroseeding this area with a mix of natural grasses and wildflowers. An irrigation system to ensure growth of the hydroseed mix and trees is also proposed for this area. Planting of sycamore and oak trees at selected points along the trail. • Removal of certain noxious and invasive vegetation within and adjacent to the area of work (i.e. castor bean, pampas grass, etc.). • Removal of deteriorated asphalt and broken concrete debris and rubble at the old Castaways restaurant site. • Installation of a rail fence adjacent to the trail along the bluff over the bay and along • the old road alignment for safety. • Installation of a low level pathway lighting system for security purposes. Removal of vegetation and trimming the lower portions of tree canopies in the vicinity of the former restaurant to improve lines of sight as recommended by the Police Department. The Commission approved the plan with these elements and further recommended the installation of benches within the park. Benches are not included in the contract and can be installed as they are donated. At this time staff is recommending the Council approve the plans as presented and authorize staff to advertise for bids for the first phase of the project, Castaways Park Landscape and Irrigation Improvements. When a final Development Agreement between the City and Church is approved, the second phase, Castaways Park and Newport Harbor Lutheran Church Parking Lot Improvements can be put out to bid. • • n U • 0 SUBJECT: CASTAWAYS PARK STATUS REVIEW November 12, 1996 Page 5 0 Representatives from the landscape architectural firm of Purkis•Rose -RSI will be present at the City Council meeting and will be available to answer any questions. Respectfully submitted, 0— a2 PUBLIC WORKS DEPARTMENT Don Webb, Director 0 Emmet Berkery Consultant COMMUNITY SERVICES DEPART T LaDonna Kienitz, Community Services Director /City Librarian Attachments: Concept D " Exhibit A to be displayed at Council meeting I P�, Q P • LANDSCAPE P% 3 PETENIgN BASH ASAM AND N PEST STOP AND VIEW AREA NuRC.� -{ PAP -✓-IK A I 6 \'. PARK TMl `` JJ RAOEO Wlill HALSOE MATNE GRASSE RASSE! GRASSY KNOLL Q / ROCK OVICROP SEA TING L/ D pYQ f ALONG ACCESS TRAL V �� rt —ACCESS TRAL (P j Rav P(d E'1 ROCK OOICROPS GRADED MIME WITH PAGPOSEO NYWE CO. DEYELOPUENL NATIVE PLANING` Tp I • - .�. ti�All R �� \H /(. •OPf 'SPACEUEADO .. PARK ENTRY DROP Off AREA I�, - �f , (� t (A ESCAPE PLANT WILH NAME PlN1UlG ••rl _•.�.'`,�..._:: Cam':,, '_ � • __�•� • \ ••BLWE BViRR PROPOSED ACCESS MARINA ROAD t0 MA .� � _..i1 DLVEE EDGE "J 4ANICNANCE AND LMERGENCY ACCESS TAAL r�11 •' / WPER NEWPORT SAY QY 1 CAN WALL A I hp '' CONCEPT PLAN "D NEWPORT DEACK CALIFORNIA PROPOSED NAAWA