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C-3119 - Street Improvements, La Jolla & Cliff Drive
1J LAND D "r RECORDING REQUEST r_0 BY AND WHEN RECORDED, RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA 92659-1768 This Document ,--;s electronically recorde y C_ -mon Wealth 1/� Recorded in Official Records, County'of Orange Tom Daly, Clerk -Recorder ��� 111111 �� II II II IIS � II 1 II ICI 12 00" 11 � , 2004000053885 01:52pm 01/23/04 108 13 R08 3 l.$IJO i STATE OF CALIFORNIA) ) ss: COUNTY OF ORANGE ) On , 2004, before me, personally appeared -gjI'� (2�, 6aJ�—personally known to me (or- nrnvPfi t(1 mP nn thebasis of satisfaeter' v�ii`Jonn .... ....., :,e) to be the person( whose name is are subscribed to the within instrument and acknowledged to me thaGht)she/they has executed the same in is er/their authorized capacity(i�, and that by hi /her/their signature) on the instrument the person(k or the entity upon behalf of which the person acted, executed the instrument. CATHY FISHER WITNESS my hand and official seal. Commission#1341009 z Notary Public - California Orange County Mly Comm. 60res Feb 21, 2006 Notary Public in nd for said State (This area for official notarial seal) GOVERNMENT CODE 27361.7 I certify under penalty that the Notary Seal on the document to which this statement is attached read as follows: NAME OF THE NOTARY: Cathy Fisher DATE COMMISSION EXPIRES: 2-21-06 COUNTY WHERE BOND IS FILED: Orange COMMISSION NUMBER: 1341009 VENDOR NUMBER: NNA1 I certify under penalty of perjury and the laws of the State of California that the illegible portion of this document to which this statement is attached reads as follows: PLACE OF EXECUTION Irvine, Ca. DATE 1-22-04 SIGNATURE *personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or entity upon behalf of which the person(s) acted, executed the instrument. r RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA 92659-1768 Attn: Public Works Dept. Recorded in the County of ®range, California Gary L Granville, Clerk/Recorder 20000071323 4 ; 09PM 02/08/00 004 00087315 118 04 020 00 0 0.00 10.00 0.00 0.00 0.00 0.00 0.00 0.00 Doc Types: 020 Space above this line for Recorder's use only. RELEASE OF LIEN Pursuant to authority vested in me by the Improvement Act of 1911, the duly appointed Superintendent of Streets of the City of Newport Beach, California, caused a NO`l ICE OF LIEN to be recorded on December 30, 1997 as Document No. 19970670202 of Official Records in the Office of the County Recorder of Orange County, California. The City Council of the City of Newport Beach, California, did, at a regular meeting of the City Council held on September 8, 1997, after the close of a public hearing on the NOTICE OF COST and the Report of the Superintendent of Streets, the City Council confirmed the assessments and assessed a portion of the total cost upon the following parcel of real property: Lot 35, Tract No. 444, as per map filed in Book 19, Page 29 of Miscellaneous Maps, in the Office of the County Recorder of said County. The parcel of real property is commonly known as 241 La Jolla Drive, Newport Beach, California 92663. The County Assessor's Parcel Number for said parcel is 425-382-35. The current owner of record of said parcel is Arun Kumar Majumdar and the amount assessed against said parcel was $ 525.00 plus interest. The owner of the above described parcel of real property has paid in full and discharged said lien. I hereby release said lien. 71�-:2 DATED this -� 6 day ofjaw aae-/ , Donald L. Webb Superintendent of Streets and Public Works Director City of Newport Beach, California State of Californi County of On ,// c Z(,o142Z before m , Cl.LL{'1Gc. L �r ID E) (NAME/TITLE OF OFFICER-i.a.-JANE�150E, NOTARY P BUC") personally appeared �-e12b (NAME(S) OF SIGNER(S)) personally known to me -OR- ❑ �J)'A' �v.. �ti O" LER Y C0Mr"`S7` = 1164!4 [ No-cZ � J �- - O i';`Off11Q j proved to me on the basis of satisfactory evidence to be the rsonwhose name are subscribed to the within instrument and nowledged to me that she/they executed the same inI her/their authorized (iQSTI and that bi / er their signature on the instrurneintthe persoo), or the entity upon b half of which the person(s) acted, executed the instrument. Witness my hand and official seal. (SEAL) RE OFOT ) ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages Date of Document DESCRIBED AT RIGHT: Signer(s) Other Than Named Above WOLCOTTS FORM 83237 Rev. 3.94 (price class 8-2A) ©1994 WOLCOTTS FORMS, INC. ALL PURPOSE ACKNOWLEDGMENT FOR CALIFORNIA WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BY SIGNER(S) ❑INDIVIDUAL(S) ❑CORPORATE OFFICER(S) (TITLES) ❑PARTNER(S) ❑LIMITED ❑GENERAL ❑ATTORNEY IN FACT ❑TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Person(s) or Entity(ies) RIGHT THUMBPRINT (Optional) CAPACITY CLAIMED BY SIGNER(S) ❑INDIVIDUAL(S) ❑CORPORATE OFFICER(S) (TITLES) ❑PARTNER(S) ❑LIMITED ❑GENERAL ❑ATTORNEY IN FACT ❑TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑OTHER: SIGNER IS REPRESENTING: (Name of Person(s) or Entity(ies) 7 67775 63237 8 RECORDING REQUESTED AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach Post Office Box 1768 Newport Beach, California 92659-8915 Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder No Fee 13970670202 11:39am 12/30/97 005 24009714 24 62 N20 1 6.00 0.00 0.00 0.00 0.00 3.00 Space above this line for Recorder's use only. NOTICE OF LIEN Pursuant to authority vested in me by the Improvement Act of 1911, 1, the duly appointed Superintendent of Streets of the City of Newport Beach, California, caused improvements to La Jolla Drive from Cliff Drive to 300 feet south of Cliff Drive, using the procedure of Chapter 27 of the Municipal Improvement Act of 1911. The City Council of said City of Newport Beach, California, did, at a regular meeting of the City Council held on September 8, 1997, after the close of a public hearing on the NOTICE OF COST, assess a portion of the total cost of the improvement upon the following parcel of real property: Lot 35, Tract 444, as per map recorded in Book 19, Page 29 of Miscellaneous Maps, Records of Orange County, California. The parcel of real property is also known as 241 La Jolla Drive, Newport Beach, California 92663. County Assessor's Parcel No. 425-382-35 Owner of Record: Majumdar, Arun Kumar 1416 E. Irish Lane Littleton CO. 80122 The total amount assessed against said parcel of real property is $525.00. The City of Newport Beach does hereby claim a lien on the above described parcel of real property in the amount of five hundred twenty five dollars and zero cents ($525.00) until said sum, together with interest at the rate of six and four tenths percent (6.4%) per annum commencing October 10, 1997, has been paid in full and discharged of record. Principal and interest shall be due no later than October 10, 1998. DATED this 3 day of Oft"f , 1997. Don Webb Superintendent of Streets and Public Works Director City of Newport Beach, California STATE OF CALIFORNIA) s.s. COUNTY OF ORANGE: ) On %�3—, 19.,97, ,before appeared L Z,421 C me`�CJ �IIGCeGt,- i? �� � � /' per sonally personailly known to me (or proved to me on the basis of satisfactory evidence) to be the person(85 whose me(y) (gare subscribed to the within instrument and acknowledged to me that she/they executed the same in(i er/their authorized capacity, and that by &ich her/their signature($) on the instrument the persor�) or the entity upon behalf of the persony acted, executed the instrument. WITNESS my hand and official seal: Notary Public in and for4aid State 5HAUNA LYN OYLER ` Commission # 1164149 [ z0My Notary Public - California Orange County Comm. Expires Dec 3, 2001 f:\groups\pubworks\lajolla\liens.doc RECORDING REQUESTED AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach Post Office Box 1768 Newport Beach, California 92659-8915 �---�,/I(C� Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder III $11111 1 I 1111 11 11111111 II II I 11111111111111111 No Fee 19970670200 11; 39am 12/30/97 005 24009714 24 62 N20 1 6.00 0.00 0.00 0.00 0.00 3.00 Space above this line for Recorder's use only. NOTICE OF LIEN Pursuant to authority vested in me by the Improvement Act of 1911, I, the duly appointed Superintendent of Streets of the City of Newport Beach, California, caused improvements to La Jolla Drive from Cliff Drive to 300 feet south of Cliff Drive, using the procedure of Chapter 27 of the Municipal Improvement Act of 1911. The City Council of said City of Newport Beach, California, did, at a regular meeting of the City Council held on September 8, 1997, after the close of a public hearing on the NOTICE OF COST, assess a portion of the total cost of the improvement upon the following parcel of real property.- Lot roperty: Lot 46, Tract 444, as per map recorded in Book 19, Paye 29 of Miscellaneous Maps, Records of Orange County, California. The parcel of real property is also known as 214 La Jolla Drive, Newport Beach, California 92663. County Assessor's Parcel No. 425-383-04 Owner of Record: Weber, Craig J. 214 La Jolla Drive Newport Beach, CA. 92663 The total amount assessed against said parcel of real property is $525.00. The City of Newport Beach does hereby claim a lien on the above described parcel of real property in the amount of five hundred twenty five dollars and zero cents ($525.00) until said sum, together with interest at the rate of six and four tenths percent (6.4%) per annum commencing October 10, 1997, has been paid in full and discharged of record. Principal and interest shall be due no later than October 10, 1998. DATED this 2 _ day of , 1997. Don Webb Superintendent of Streets and Public Works Director City of Newport Beach, California STATE OF CALIFORNIA) ) s.s. COUNTY OF ORANGE ) On LCeWidl""a2-2 199 b for r1 sf l/I� �G� 6/e/-personallyappeared �,�f� pers nally nown t me (or ro ed to me on the basis of satisfactory evidence) to be the person ) whose me�C re subscribed to the in instrument and acknowledged tome that he/they executed the same in�her/their authorized capacity), and that by l er/their signatureo on the instrument the person or or the entity upon behalf of which the person(s) acted, executed the instrument. I ITNE my hand and official seal: er Notary Public in and fcl sai St to SHAUNA LYN oYLER Commission # 1164144 Notcxy Public - Caiitornia Orange County 6MYCOMM. Expires Dec 5, 2001 f:\groups\pubworks\lajoI1a\liens.doc n Recorded in the ,nty of orange, California RECOClerk/Recorder WHEN RRECORD DING REQUESTED D RETURN TO: �aryllllllllllllllllllllllllllllllllllllllllllllllllllllll Na Fee IIIIIIIIIII 19970670201 110 39am 12/30/97 City Clerk62 City of Newport Beach N205126,00 70.0040.00 0.00 0.00 3.00 Post Office Box 1768 Newport Beach, California 92659-8915 Space above this line for Recorder's use only. NOTICE OF LIEN Pursuant to authority vested in me by the improvement Act of 1911, I, the duly appointed Superintendent of Streets of the City of Newport Beach, California, caused improvements to La Jolla Drive from Cliff Drive to 300 feet south of Cliff Drive, using the l I procedure of Chapter 27 of the Municipal Improvement Act of 1911. The City Council of said City of Newport Beach, California, did, at a regular meeting of the City Council held on September 8, 1997, after the close of a public hearing on the NOTICE OF COST, assess a portion of the total cost of the improvement upon the following parcel } of real property: Lot 40, Tract 444, as per map recorded in Book 19, Page 29 of Miscellaneous Maps, Records of Orange County, California. The parcel of real property is also known as 3015 Cliff Drive, Newport Beach, California 92663. County Assessor's Parcel No. 425-383-09 Owner of Record: Smith, Paul J. 3015 Cliff Drive Newport Beach, CA. 92663 The total amount assessed against said parcel of real property is $525.00. The City of Newport Beach does hereby claim a lien on the above described parcel of real property in the amount of five hundred twenty five dollars and zero cents ($525.00) until said sum, together with interest at the rate of six and four tenths percent (6.4%) per annum commencing October 10, 1997, has been paid in full and discharged of record. Principal and interest shall be due no later than October 10, 1998. DATED this day of ,�, 1997. Don Webb Superintendent of Streets and Public Works Director City of Newport Beach, California STATE OF CALIFORNIA) COUNTY OF ORANGE ) On�DUA?ier,;Q997, efo�e eaU/%� C, 6/Crpersonallappeared Oyj !..� /,b Fpers nally known to me (or proved to me on the basis of satisfactory evidence) to be the person,( whose Zse 9, Qre subscribed to the w: in instrument and acknowledged o me that Ke/they executed the same in er/their authorized capacity(ie�f , and that by er/their signature on the instrument the persons or the entity upon behalf of which the person acted, executed the instrument. WITN my hand and official seal: L/ L Notary Public in and for id State SHAUNA LYN OYLERL Commission # 1164149 NotaryPublic - California z Orange County My Comm. Wires Dec 5, 2001 f:\groups\pubworks\lajolla\liens.doc RECORDING REQUESTED AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach Post Office Box 1768 Newport Beach, California 92659-8915 Recorded in the �,ounty of Orange, California Gary L. Granville, Clerk/Recorder IIIIIIIIIIIIIII!IIIIIIIIIIIIII 1111111111111111111111111111 No Fee 005 24009714 249620670203 11;39am 12/30/97 N20 1 6.00 0.00 0.00 0.00 0.00 3.00 Space above this line for Recorder's use only. NOTICE OF LIEN Pursuant to authority vested in me by the Improvement Act of 1911, I, the duly appointed Superintendent of Streets of the City of Newport Beach, California, caused improvements to La Jolla Drive from Cliff Drive to 300 feet south of Cliff Drive, using the procedure of Chapter 27 of the Municipal Improvement Act of 1911. The City Council of said City of Newport Beach, California, did, at a regular meeting of the City Council held on September 8. 1997, after the close of a public hearing on the NOTICE OF COST, assess a portion of the total cost of the improvement upon the following parcel of real property: Lot 43, Tract 444, as per map recorded in Book 19, Page 29 of Miscellaneous Maps, Records of Orange County, California. The parcel of real property is also known as 226 La Jolla Drive, Newport Beach, California 92663. County Assessor's Parcel No. 425-383-07 Owner of Record: Palmquist, Evelyn 226 La Jolla Drive Newport Beach, CA. 92663 The total amount assessed against said parcel of real property is $525.00. The City of Newport Beach does hereby claim a lien on the above described parcel of real property in the amount of five hundred twenty five dollars and zero cents ($525.00) until said sum, together with interest at the rate of six and four tenths percent (6.4%) per annum commencing October 10, 1997, has been paid in full and discharged of record. Principal and interest shall be due no later than October 10, 1998. DATED this 4�73 day of 4�� v,'1997. Don Webb Superintendent of Streets and Public Works Director City of Newport Beach, California STATE OF CALIFORNIA) ) s.s. COUNTY OF ORANGE ) Ona t°i%O►°r"997,21a re me,lr1Q personally Y appeared pyoZ_UZperEfonally known to me (or proved to me on the basis of satisfactory evidence) to be the person;(() whose meere subscribed to then instrument and acknowledged to me that hey executed the same i�Mer/ther authorized capacitysand that by hi ' er/their signature on the in the perso s) or the a irft ty upon behalf of which the person afcted, executed the instrument. / WITNE my hand and official seal: 5!•fAUNA LYN OYLER'C' '0 Commission # 1164149 /-11z Notary Pubric - Cofffornia ary Public in and fo id State Orange County My Comm. Expires Dec 5, 2001 Q!E f:\groups\pubworks\lajolla\liens.doc RECORDING REQUESTEL 3Y AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder IIII III f I I IIIIIIIIIIII111111111111111IIII 1111 Jill No Fee 19970433083 1 : 44pm 09/05197 005 24007936 24 25 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 Pacific Hyrdotech Corporation as Contractor, entered into a Contract on April 15, 1997 Said Contract set forth certain improvements, as follows: Street Improvements at La Jolla and Cliff Drive - Contract No. 3119 Work on said Contract was completed on June 27, 1997 and was found to be acceptable on August 25, 1997 by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Insurance Company of a 1... T.T.... - 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 onat Newport Beach, California. xe3 �'G BY City Clerk)14 4„;, September 8, 1997 SEP 81997 CITY COUNCIL AGENDA V j ITEM NO. 14 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: PUBLIC HEARING PERTAINING TO IMPROVEMENTS ON LA JOLLA DRIVE FROM CLIFF DRIVE TO 300 FEET SOUTH OF CLIFF DRIVE, CONTRACT NO. 3119 RECOMMENDATIONS: 1. Hold a public hearing on the Notice of Cost 2. After the close of the public hearing, confirm the assessments. 3. Allow property owners one year to pay their assessments with an interest rate of 6.4% of the unpaid balance DISCUSSION: On September 23, 1996, the City Council directed staff to use the Procedure of Chapter 27 of the Municipal Improvement Act of 1911 to improve La Jolla Drive from Cliff Drive to 300 feet south of Cliff Drive. See the attached location map. The property owners are required to pay for the curb, gutter, sidewalk and driveway approaches. The City paid for the removals, grading, roadway, and cross gutter. In accordance with Chapter 27 of the Municipal Improvement Act of 1911, upon completion of the construction, a report shall be filed specifying the work which has been done, the cost of construction, a description of the real property in front of which the work has been done, and the assessment against each lot proposed to be levied. As stated in the original petition, signed by a majority of the property owners, the owners agreed to divide the costs equally, per parcel, regardless of the benefit. The cost of construction for each parcel is $525.00 even for the parcels listed for no improvements. The public hearing is in accordance with the following outline of the Procedure: SUBJECT: PUBLIC HfNG PERTAINING TO IMPROVEMENTS OI�JOLLA DRIVE, CLIFF DRIVE TO 300' SOUTh F CLIFF DRIVE, CONTRACT NO. 3119 September 8, 1997 Page 2 1. The City orders the owners of the property to construct improvements in the public streets adjacent to their properties, and sets a date for a public hearing on the "NOTICE TO CONSTRUCT'. 2. After the close of the public hearing on the "NOTICE TO CONSTRUCT", if the property owners do not complete the work within sixty (60) days of the notice, the City acquires jurisdiction to construct the improvements at the expense of the property owners. 3. The improvements are constructed using an appropriation from the General Fund. 4. The assessments are spread, and a public hearing is held to hear complaints about the construction or the manner in which the assessments were spread. 5. After the close of the public hearing and the confirmation of the assessments by the City Council owners of the property have five days in which to pay the assessments. After five days the assessment shall constitute a special assessment against the property and shall be a lien on the property from the time of the recordation of the lien. The information for each individual property owner is as follows: Assessor PC[. # Improvements Assessor PC[. # Improvements Cost Address Address Name Name 425 - 382 -33 Curb & Dwy. 425 - 383 -04 None $525 249 La Jolla Dr. 214 La Jolla Dr. Kuster Weber 425 -382 -34 Curb & Dwy. 425 - 383 -05 None $525 245 La Jolla Dr. 218 La Jolla Dr. Forbes Pomeroy 425 -382 -35 Curb, Dwy. 425 - 383 -06 Curb, Curb & $525 241 La Jolla Dr. & Sidewalk 222 La Jolla Dr. Gutter Majumd Scheurer 425 - 382 -36 Curb, Dwy. 425 - 383 -07 Curb & Gutter $525 237 La Jolla Dr. & Sidewalk 226 La Jolla Dr. Moore Palmquist is 0 SUBJECT: PUBLIC HE PERTAINING TO IMPROVEMENTS ON *LLA DRIVE, CLIFF DRIVE TO 300' SOUTH CLIFF DRIVE, CONTRACT NO. 3119 September 8, 1997 Page 3 425- 382 -37 Curb, Dwy. 425 - 383 -08 Curb & Gutter $525 233 La Jolla Dr. & Sidewalk 230 La Jolla Dr. Harmon Howieson 425 - 382 -38 Curb & Dwy. 425 - 383 -09 Curb & Gutter, $525 229 La Jolla Dr. 3015 Cliff Dr. Curb & Driveway Smith Smith 425 - 382 -39 None $525 225 La Jolla Dr. Smith City Council may, in its discretion, allow the costs of the improvements to be paid over a period of years at a rate of interest established by the City Council. The Administrative Services Director recommends that the property owners be given one year to pay at an annual rate of interest of 6.4% on the unpaid balance, with interest starting 31 days after the confirmation of the assessments by the City Council. After the confirmation of the assessments by the City Council and the close of the public hearing, property owners have 5 days to pay their assessments in cash. A lien will then be placed on any property for which the assessments have not been paid, or for which the owners have entered into an arrangement to pay over a period of time. Agreements will be recorded and constitute a lien upon the property. The payments will be collected by the Administrative Services Department. Respectfully submitte , PUBLIC WORKS D MENT Don Webb, Director air „iic,�.:.,:� William .. ;1` City Engineer Attachment: Location Map E 3 HOSPITAl ROAD qAi�,k PROJECT O Fr D 0 i0vc D I � (�i /// CLIFF DR. / LOCQT 0 N VAAP WS 0 l City Clerk NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, at 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, Ca. 92658 -8915 until 11:00 a.m. on the 3rd day of April, 1997, at which time such bids shall be opened and read for STREET IMPROVEMENTS AT LA JOLLA AND CLIFF DRIVE Title of Project } 3119 Contract Number $67,000.00 Engineer's Estimate ELI FORr� p roves Willia16 Potapoff City Engineer Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA 92658 -8915. For further information, call Stephen Luv at 644 -3330. Project Manager i t' • CITY OF NEWPORT BEAR PUBLIC WORKS DEPARTMENT STREET IMPROVEMENTS AT LA JOLLA AND CLIFF DRIVE CONTRACT NO. 3119 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. 3119 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: LaJolla Drive Bid ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL NO. AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization Two Thousand Eight Hundred Ninety Five Dollars and Thirty -three Cents $ 2.895.33 per Lump Sum 2. 1,280 S.F. Remove Existing P.C.C. Pavement One Dollars and Twenty -five Cents $ 1.25 $ 1.600.00 per Square Foot 3. 4,275 S.F. Remove Existing A.C. Pavement No Dollars and Fifty -seven Cents $ 57 $ 2.436.75 P -1 P -2 per Square Foot ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL NO. AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 663 S.F. Remove Existing P.C.C. Sidewalk, and Driveway Approach One Dollars and Twenty -five Cents $ 1.25 $ 828.75 per Square Foot 5. 554 L.F. Remove P.C.C. Curb, Curb and Gutter Three Dollars and Five Cents $ 3.05 $ 1.689.70 per Linear Foot 6. 1 Each Adjust Water Valve Cover to Grade Fifty Dollars and No Cents $ 50.00 per Each 7. Lump Sum Provide Traffic Control and Delineation One Thousand Dollars and No Cents $ 1.000.00 per Lump Sum 8. 114 Tons Construct (6 -inch) Aggregate Base Course Twenty -Two Dollars and Twenty -five Cents $ 22.25 $ 2.536.50 per Ton P -2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL NO. AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9. 49 Tons Construct (2 1/2 -inch) A.C. Base Course Fifty-Four Dollars and Nine , -eight Cents $ 54.98 $ 2- 694.02 per Ton 10. 29 Tons Construct (I 1/2 -inch) A.C. Finish Course Fifty Four Dollars and Ninety - eight Cents $ 54.98 $ 1.594.42 per Ton 11. 1,280 S.F. Construct 8 -Inch Thick P.C.C. Pavement Three Dollars and Eight Cents $ 3.08 $ 3.942.40 per Square Foot 12. 26 L.F. Construct P.C.C. Curb and Gutter (6" C.F. & 1' Gutter) Nine Dollars and No Cents $ 9.00 $ 234.00 per Linear Foot 13. 264 L.F. Construct P.C.C. Curb (6" C.F.) Eight Dollars and No Cents $ 8.00 $ 2.112.00 per Linear Foot P -3 • • ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL NO. AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 14. 46 L.F. Construct P.C.C. Curb (8" C.F.) Eight Dollars and No Cents $ 8.00 $ 368.00 Two Dollars and Ninely -five Cents $ 2.95 $ 1.955.85 per Square Foot P -4 per Linear Foot 15. 218 L.F. Construct P.C.C. Curb and Gutter (8" C.F. & 2' Gutter) Ten Dollars and Fifty Cents $ 10.50 $ 2.289.00 per Linear Foot 16. 231 S.F. Construct 8 -Inch Thick P.C.C. Cross Gutter _Three Dollars and _Fifty Cents $ 3.50 $ 808.50 per Square Foot 17. 24 S.F. Construct 4 -Inch Thick P.C.C. Sidewalk Two Dollars and Fift Cents $ 2.50 $ 60.00 per Square Foot 18. 663 S.F. Construct P.C.C. Driveway Approaches Two Dollars and Ninely -five Cents $ 2.95 $ 1.955.85 per Square Foot P -4 4 �• • ITEM NO. QUANTITY AND UNIT ITEM DESCRIPTION AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE TOTAL PRICE 19. Lump Sum Remove and Reconstruct Exist. Stairs Two Thousand Four Hundred Fifty Dollars and No Cents $ 2.450.00 per Lump Sum 20. Lump Sum Install Landscaping One Thousand Dollars and No Cents $ 1000.00 per Lump Sum TOTAL PRICE IN WRITTEN WORDS FOR LAJOLLA DR. ThiM Two Thousand Five Hundred Forty Five Dollars and Twenty_ -two Cents Cliff Drive Bid $ 32545.22 Total Price (LaJOIla Dr.) ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT NO. AND UNIT PRICE WRITTEN IN WORDS PRICE 1. Lump Sum Mobilization One Thousand Five Hundred Dollars and No Cents per Lump Sum P -5 TOTAL PRICE v. 11 11 S • • e ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL NO. AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 2. 11,375 S.F. Remove Existing A.C. Pavement No Dollars and Thirty -eight Cents $ .38 $ 4322.50 per Square Foot 3. 150 S.F. Remove Existing Alley Approach One Dollars and Ninety Cents $ 1.90 $ 285.00 per Square Foot 4. 130 L.F. Remove P.C.C. Curb, Curb and Gutter Three Dollars and Five Cents $ 3.05 $ 396.50 per Linear Foot 5. 1 Each Adjust Sewer Cleanout to Grade One Hundred Fifty Dollars and No Cents $ 150.00 per Each 6. 2 Each Adjust Water Valve Cover to Grade Fifty Dollars and No Cents $ 100.00 per Each 7. Lump Sum Provide Traffic Control and Delinieation Five Hundred Dollars and No Cents $ 500.00 per Lump Sum P -6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL NO. AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 8. 421 Tons Construct (6 -inch) Aggregate Base Course Fifteen Dollars and Sevm V -three Cents $ 15.73 $ 6.622.33 per Ton 9. 176 Tons Construct (2 1/2 -inch) A.C. Base Course Forty Two Dollars and Twenty-three Cents $ 42.23 $ 7.432.48 per Ton 10. 106 Tons Construct (1 1/2 -inch) A.C. Finish Course Forty Two Dollars and Twenty-three Cents $ 42.23 $ 4.476.38 per Ton 11, 85 L.F. Construct P.C.C. Curb and Gutter (6" C.F. & P Gutter) Nine Dollars and No Cents $ 9.00 $ 765.00 per Linear Foot 12. 36 L.F. Construct P.C.C. Variable Curb and Gutter (6 -9" C.F. & V Gutter) Stine Dollars and No Cents $ 9.00 $ 324.00 per Linear Foot P -7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL NO. AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 13. 9 L.F. Construct P.C.C. Curb (6" C.F.) Eight Dollars and No Cents $ 8.00 $ 72.00 per Linear Foot 14. 185 S.F. Construct 8 -Inch Thick P.C.C. Cross Gutter Dollars and Cents $ 3.50 $ 647.50 per Square Foot 15. 150 S.F. Construct P.C.C. Alley Approach TWO Dollars and Ninety-five Cents $ 2.95 $ 442.50 per Square Foot TOTAL PRICE IN WRITTEN WORDS FOR CLIFF DR. Twenty Eight Thousand Thirty Six Dollars and Nineteen Cents $ 28.036.19 Total Price (Cliff Dr.) Bidder's Name Pacific Hydrotech Corp. Bidder's Address 27200 HWV 74. Perris CA 92570 Bidder's Telephone Number (909) 940 -4899 Contractor's License No. & Classification 518355 Class A 4(2(97 S(J. Kirk Hams. President Date Authorized Signature & Title P -8 r, 0 IIM•9 : 19101:1 ; Page 2 The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: PROPOSAL (Page 1) INSTRUCTIONS TO BIDDERS (Page 2) DESIGNATION OF SUBCONTRACTORS (Page 3) BIDDER'S BOND (Page 4) NON - COLLUSION AFFIDAVIT (Page 5) TECHNICAL ABILITY AND EXPERIENCE REFERENCES (Page 6) except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. The City of Newport Beach will not permit a substitute format for the documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of 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 Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 5/91 0 Page 2A The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." All documents shall bear 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. 518355 Class A Contractor's License No. & Classification ■ .. .. Bidder Date 5/91 SM. Kirk Hams, President Authorized Signaturefritle Page 3 • • 1 1-10101 � I I ZIUM to] � State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Subcontract Work Subcontractor Address 1. Trucking CPR Trucking 13653 Branford St. Arleta, CA 91331 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Pacific Hydrotech Corp. Bidder 5/91 S /J. Kirk Harns. President Authorized Signature/Title Page 4 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, Pacific Hydrotech Corporation as bidder, and Insurance Company of the West as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of Ten Percent of the Amount Bid Dollars ($ 10% of Bid ),lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction of Street Improvements at at La Jolla and Cliff Drive, Contract No. 3119 (Title of Project and Contract No.) in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver to said City the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) after the date of the mailing Notice of Award to the above bounden bidder by and from said City, then this obligation shall become null and void; otherwise it shall be forfeited to the said City. In the event that any bidder above named executed this bond as an individual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligation under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 28th day of March 197_. ... - . Kristine Bertuco Notary Public Commission Expires: 12/25/99 5/91 S /J. Kirk Harns, President Authorized Signature/Title SURETY By Valerie M. Pearce (Attach Acknowledgment of Attorney -In -Fact) Page 4 (BID DATE: 4/3/97) BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, PACIFIC HYDROTECH CORPORATION as bidder, and —Feel H EST , as surety, are and rm y bound unto tht C ty o Newport Beach, California, in the sum of N PERCENT QF T_HE AMOUNT BID-Dollars {$ 10% OF BID - -- ),lawful monsy o the Ua t States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGAaTION IS SUCH, That if the proposal of the above bounden bidder for the construction of STREET IMPROVEMENTS AT LA JOLLA 8 CLIFF DRIVE x (Title of Project and Contract No.) in the City of Newport-Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver to said City the "Payment" and "Faithful Performance• contract bonds described in the Specifications within ten (lo) days (not including Saturday, Sunday, and Federal holidays) after the date of the mailing Notice of Award to the above bounden bidder by and from said City, then this obligation shall become null and void; otherwise it shall be forfeited to the said City. In the event that any bidder above named executed this bond as an individual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligation under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 28TH day of MARCH 1997. xCONTRACT NUMBER 3119 P C HYDROTECH CORPORATION B der A oI S gnature /Tile f.�sa1 J Cam" # 0W R mos cou* MY Comm.Exp Oro $191 INSURANCE COMPANY OF THE WEST (Attach Acknowledgment of Attorney -In -Fact) VALERIE M. PEARCE E 114 MM,fa: E l' PALIF.QRNIA ALL-PURPOSE State of cALIFORNIA County of sax DIEGO On MARCH 28, 1997 before me, L=ICIA SAN IMTIx, NOTARY PUBLIC DATE NAME Tn1.E OF OFFICER. EG. JANE DOE NOTARY PUBLIC' personally appeared VALERIE x- No. 5907 NANEM OF s93NERM ® personally known to me - to be the person(so whose name(Ila) isiem subscribed to the within instrument and ac- knowledged to me that hsisheAh&) t executed the same in bt6s /her /tiseir authorized capacity(69s , and that by bde /her /their LETICIA SAN MARTIN signature(s) on the instrument the person(s), COMM. #1120518 p y ,� ppTgpyp+u v, or the entity upon behalf of which the v w MSANNeD1„m �,'�>,pKee ° person( *; acted, executed the instrument. DECEMBER 22, 2000 W TNESS my hand and official seal. &NATURE OF NOTARY OPTIONAL 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 ❑ PARTNs i(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUST'Er(% ❑ GUARDIANCONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: NAME OF PERsoNP OR BMTY= DESCRIPTION OF ATTACHED DOCUMENT TM-E OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01983 NATIONAL NOTARY ASSOCIATION - 9236 PA Mml A"- P.O. OW 7184 - Canoga Park CA 91309-7154 InsAnce Company of the Wes* HOME OFFICE: SAN DIEGO, CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a California Corporation, does hereby appoint: VALERIE M. PEARCE its true and lawlui Attorney(s) -m -Fact, with full power and authority, to execute, on behalf of the Company, fidelity and surety bonds, undertakings, and other contracts of suretyship of a similar nature. This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 22no day of November, 1994, which said Resolution has not been amended or rescinded and of which the following is a true copy: -RESOLVED. that the Chairman of the Board, the President, an Executive Vice President or a Senior Vice President of the Company, and each of them, is nereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on benalt of the Company, fidelity and surety bonds, undertakings, or other contracts of suretyship of a similar nature: and to attach thereto the seal of trio Company; provided however, that trio absence of the seal shall not affect the validity of the instrument. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company, and the signatures of any witnesses, the signatures and seal of any notary, and the signatures of any officers certifying the validity of the Power of Attorney, may be affixed by facsimile.' IN WITNESS WHEREOF. INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its ouly authorized officers this 27th day of March 7995 STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO - John L Hannum, Senior Vice President On this March 27th, 1995 before me personally appeared John L Hannum. Senior Vice President of INSURANCE COMPANY OF THE WEST, personally known to me to be the individual and officer who executed the within Instrument, and acknowledged to me that he executed the same in his official capacity and that by his signature on the instrument the corporation on behalf of which he acted. executed the instrument. WITNESS my hand and official seal. NOPMA POR!c Com. SAN DIEZ CERTIFICATE: 8 \ MY C=m. expires JAN 14.19% R i r Notary Public I. E. Harmed Davis, Vice President of INSURANCE COMPANY OF THE WEST, do hereby certify that trio original POWER OF ATTORNEY. of which the foregoing is ai true copy. is still in full force and effect, and that this certificate may be signed by facsimile under the authority Of the above quoted resolution. IN WITNESS WHEREOF, I have subscribed my name as Vice President, on this 28TH day of MARCH 19 97 . �ccoar,�ra INSURANCE COMPANY OF THE WEST aucuV0pr4 ^� Mole i W.orwr E. Harmed Davis, Vice President ICW 37 INSURANCE COMPANY OF THE WEST ` �prrorrYr `a tsow• '' _ John L Hannum, Senior Vice President On this March 27th, 1995 before me personally appeared John L Hannum. Senior Vice President of INSURANCE COMPANY OF THE WEST, personally known to me to be the individual and officer who executed the within Instrument, and acknowledged to me that he executed the same in his official capacity and that by his signature on the instrument the corporation on behalf of which he acted. executed the instrument. WITNESS my hand and official seal. NOPMA POR!c Com. SAN DIEZ CERTIFICATE: 8 \ MY C=m. expires JAN 14.19% R i r Notary Public I. E. Harmed Davis, Vice President of INSURANCE COMPANY OF THE WEST, do hereby certify that trio original POWER OF ATTORNEY. of which the foregoing is ai true copy. is still in full force and effect, and that this certificate may be signed by facsimile under the authority Of the above quoted resolution. IN WITNESS WHEREOF, I have subscribed my name as Vice President, on this 28TH day of MARCH 19 97 . �ccoar,�ra INSURANCE COMPANY OF THE WEST aucuV0pr4 ^� Mole i W.orwr E. Harmed Davis, Vice President ICW 37 CALIFORNIA 'ALL- PURPOSIACKNOWLEDGMENT • State of County of N/2-in I of t? On 3 �7 % before me, t2/ i1 6, I D / Date ' � " � N`ame and Title of Officer (e.g., 'Jan. Doe, Notary Publ c") IL- personally appeared lg- S Name(s) of Signer(s) '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 acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), Kmsiwan0109M or the entity upon behalf of which the person(s) acted, conr,l metes executed the instrument. Noro+yRfitc— Ontk>.nq MVWAJe Mycomm.ExptmDDOC25.M9 WITNESS my hand and official seal. Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: p NA 1CY Document Date: 3 aa ❑ - / Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ::�C Vi=i, 21 1 4 2cJ S ❑ Individual Corporate Officer Title(s): am cs,�� ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Top of thumb here ner Is Representing: C_ Signer's Name: s Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER IN 01990 National Notary Association •8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309.7180 Prod. No. 51307 Reorder. Cell Toll -Free 1- 80D.876-8827 NON - COLLUSION AFFIDAVIT State of California ) ss. County of Riverside 1 Page 5 J Kirk Harns , being first duly sworn, deposes and says that he or she is President of Pacific Hydrotech Corp. , 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, south by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct. Pacific Hyrirotech Corgi_ S /J. Kirk Harns, President Bidder Authorized Signature(Title Subscribed and sworn to before me this 3rd day of Aoril 119 97 . [SEAL] Kristine Bertuco Notary Public My Commission Expires: 12/25/99 5/91 • Page 5 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of J-c ) S being first d sworn, deposes and says that he or she is� of F , 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, south by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct. 1 ?,acyaY- 141ukrl6CI4 cog -P. Bidder �ATihori Signature /Title Supscribed and sworn to before me this 3 day of 42AL . r Public . .. _ All 5/91 [SEAL) KREW MAD camwan• Noiar�le -Owe wao M*V*iw-ii»rt� 9 MIMOr.�.Q�*a+ 32ckA rs* h 0 Page 6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year For Whom Person Completed Performed Telephone Number 1997 City of Lake Elsinore Randy Kettle (909) 674 -5170 1997 Werner Corp /Promenade Prop Mark Miller (909) 204 -1188 1996 Rincon Valley Muni Water Dist Tom Boyd (619) 745 -5572 _996 Elsinore Valley Muni Water Dist Loren Sorber (909) 674 -3146 1995 Rancho California Water Dist Craig Mapes (909) 676 -4101 1995 Pitt-Des Moines (P.D.M.) Davg!2aian (008) 682-081�W Pacific Hydrotech Com. Bidder 5/91 S/J Kirk Harns, President Authorized Signaturerritle Page 7 014 w4l 5111 The following contract documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of mailing Notice of Award to the successful bidder. PAYMENT BOND (Page 8) FAITHFUL PERFORMANCE BOND (Page 9) CERTIFICATE OF INSURANCE (Page 10) GENERAL LIABILITY INSURANCE ENDORSEMENT (Page 11) AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT (Page 12) WORKERS' COMPENSATION INSURANCE CERTIFICATION (Page 13) CONTRACT (Page 14) The City of Newport Beach will not permit a substitute format for these contract documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Payment and faithful performance bonds shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size . Category Class Vlll (or larger) in accordance with the latest edition of Best's Key Rating Guide: Properb- Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. The Workers' Compensation Insurance Certification shall be executed and delivered to the Engineer along with a Certificate Of Insurance for workers' compensation prior to City's execution of the Contract. s /91 IX. NINyLo C I III I_, I t 1J4 frkN_0 WA&MIZ KNOW ALL MEN BY THESE PRESENTS, that BOND NO. 149 47 39 Page 8 WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted April 14. 1997 has awarded to Pacific Hydrotech Corp hereinafter designated as the "Principal ", a contract for Street Improvements at La Jolla and Cliff Drive (Contract No. 3119 ) in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach, and all of which are incorporated herein by this reference; WHEREAS, said Principal has executed or is about to execute Contract No. 3119 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, we, Pacific Hydrotech Corp. as Principal, and INSURANCE COMPANY OF THE WEST as Surety, are held firm]]y}iound unto the City of Newport Beach, in the sum of SIXTY - THOUS FIVE tlMDM E►arrr -otaF uaD' 0612IRS ($6o.sa�.ai ---1, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the contract; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his/her subcontractors, fail to pay for any materials, provisions, or other supplies, used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of Califomia. The bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the Califomia Civil Code so as to give a right to them or their assigns in any suit brought upon this bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. 5/91 CALIFORNIA ALL - PURPOSE h;KNOWLEDGMENT r No. 6007 f State of CALIFORNIA County of Sax DISCO On 4 -21 -9I before me, LETICIA Sex MARTIN, NOTARY PUBLIC DATE NAME.7mE0G0FFCM -EXC SNNEDDE,)MAMMAL= personally appeared VALEM M. N41E0 of SKROAM ® personally known to me - to be the person(si) whose name(r) isk" subscribed to the within instrument and ac- knowledged to me that h®dshe executed the same in btis /her /heir authorized capacity(is*, and that by b6s /her /t%sir LETICIA SAN MARTIN I signature(s) on the instrument the person(o, "i COMM. #1I112L60RN14 0 or the entity upon behalf of which the y � SAN OIEGO,COUNTY person (z; acted, executed the instrument. V My Commission Expires p DECEMBER k, 2000 WITNESS my hand and official seal. Sx3NATURE OF NOTARY OPTIONAL 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 forth. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL © ATTORNEY -IN -FACT ❑ TRUST=—(S) ❑ GUARDIANICONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: NAME OF PEASON(3) OR ENmYOM DESCRIPTION Of ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01903 NATIONAL MnARY ASSOCIATION .6236 Ranan0 Ave., P.O. Box 71& • Cana Parr CA 913067164 CALIFORNIA ALL PURPOSACKNOWLEDGMENT • l;Ia is , •� State of California County of Riverside On A —rxq — p / —� before me, Kristine Bertuco, Notary Public personally appeared kt P, ��5 T personally known to me - OR - ❑ +o KRISTIW BBH= !� of CkMwft my CornmEm*NDPc25.MV proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITN S and and off to eel. Signature of Notary Pu ' OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattchment of this form to another document Description of Attached Document Title or Type of Docume/ln11t:� Document Date: �t R Number of Pages: Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual Corporate Off er V Title(s): ❑ Partner - Limited General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of thumb here Signer is Representing: \ l Signer's Name: El El El El El El ❑ Individual Corporate Officer Title(s): Partner - Limited General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER LFAL �S p Page aA i And said Surety, for value received, hammy sues am, amens that: no change, extension of time, afteraffons or additions to the terms of the c-br*w,' to_ the work. to be performed thereunder or the speciftations the ---aNw rrfse affect its - obligations on this bond, artci A; does hereb i xrafve , dry sr�ir cIairrge� a rrmion of farce, alterations or additions :to the term of the contract Olo' be �tek or±bo tt e . In the event that ahy principal above paused fh- bond as 4p tAdual. ft- :is - - agreed that the death of arty such p vx*W shall arrorra(ate the "SUmy'. fiein lts oti Orrs under this bond. IN WITNESS WFOREOF, this instnl<rrent haabeen cics+/ by theabavg -iraq Principal and Surety, on tha JIST. day of Pacific EWretec h Name of Contractor (Prindpal) INSURAM COMMIT OF. i88-mw ION ° Name of Surety dpt ` . N Fpp�� yyyy c 11455 ffi. CAICM RVAi. SAS DI=m— CA 92130- 2045 7 CICIfM Of Surety Tune - NOTARY ACtQdI?Y UWGMMM'S OF COKF"RTq! R 19URffY.11lt W BE ATTACHED 1nStance Company of the Welp HOME OFFICE: SAN DIEGO. CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a California Corporation, does hereby appoint: VALERIE M. PEARCE its true and lawful Attomey(s)- in•Fact, with full power and authority, to execute, on behalf of the Company, fidelity and surety bonds, undertakings. and other contracts of suretyship of a similar nature. This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 22nd day of November, 1994, wnich said Resolution has not been amended or rescinded and of which trio following is a true copy: -RESOLVED, that me Chairman of the Board, the President, an Executive Vice President or a Senior Vice President of the Company, and each of them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on benalf of the Company, fidelity and surety bonds, undertakings, or other contracts of suretyship of a similar nature: and to attach thereto the seal of the Company: provided however, that the absence of the seal shall not affect the validity of the instrument. FURTHER RESOLVED, trial the signatures of such officers and the seal of the Company, and the signatures of any witnesses. the signatures and seat of any notary. and the signatures of any officers certifying the validity of Me Poww of Attorney, may be affixed by facsimile.' IN WITNESS WHEREOF. INSURANCE COMPANY OF THE WEST has reused these presents to be signed by its duty authorized officers Imo 27th day of March 1995. "INSURANCE COMPANY OF THE WEST STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO John L Hannum, Senior Vice President On this March 27th, 1995 before me personally appeared John L. Hannum, Senior Vice President of INSURANCE COMPANY OF THE WEST, personally known to me to be the individual and officer who executoo the within instrument, and acxnowteoged to me that he executed the same in his official capacity and that by his signature on the instrument the corporation on benalf of which he acted, executed the instrument. WITNESS my hand and offival seal. NOPMA PORRp "'r SAN Di'i:_ -1 L.' a' � My Comm. craves JA.ti 14.1996 i CERTIFICATE: r i Notary Public 1, E. Horned Davis. Vice President of INSURANCE COMPANY OF THE WEST, do hereby certify mat the original POWER OF ATTORNEY. of which the foregoing is a true copy, is still in full force and effect. and that this certificate may be signed by facsimile under the authority of the above quoted resolution. IN WITNESS WHEREOF, I have subscribed my name as Vice President, on this 21ST day of APRIL. 1997 . ° °vr,•.° INSURANCE COMPANY OF THE WEST 6 • i E. Marmots Davis. Vice President ICW 37 EXECUTED IN QUADRUPLICATE Wluwwal KNOW ALL MEN BY THESE PRESENTS, That BOND N0. 149 47 39 Page 9 WHEREAS, the City Council of the City of Newport Beach, State of Califomia, by motion adopted April 14 1997 awarded to Pacific Hydrotech Corp. hereinafter designated as the 'Principal', a contract for Street Improvements at La Jolla and Cliff Drive (Contract No. 3119 ) in the City of Newport Beach, in strict conformity with the Contract, Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach, all of which are incorporated herein by this reference; WHEREAS, Principal has executed or is about to execute Contract No. 3119 and the terms thereof require the fumishing of a bond for the faithful performance of the Contract; NOW, THEREFORE, we, Pacific Hydrotech Corp. as Principal, and INSURANCE COMPANY OF THE WEST as Surety, are held firm1y_boyy�nd unto the City of Newport Beach, in the sum of Slxn THDOSM Five t AWO) Elam -UrE "bo'Wrr ($ egssi .ai - - -1, said sum being equal to 100% of the estimated amount of the contract, to be paid to the City or its certain attomey, its successors, and assigns; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well keep truly and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby, and in addition to the fact amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attomeys fees, incurred by the City, in the event it is required by bringing any action in law or equity to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying .the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for six (6) months following the date of formal acceptance of the Project by the City. 5/91 CALIFORNIA ALL - PURPOSE State of CALIFORNIA County of SAN DIEGO On 4 -21 -9I before me, LETICIA SAN MARTIN, NOTARY PULIC DATE NAML MU of WKER • E.G.. 4 WE DOE NOTARY PUBLIC' personally appeared VAL>UIJE M. No. 6907 MUM of eR91E M ® personally (mown to me - to be the person(o whose name(4) iskwv subscribed to the within instrument and ac- knowledged to me that bsishe6tharx executed the same in lids /her /th*ir authorized capacity(i*, and that by hCm /her /thek signature(s) on the instrument the person(o, LETICIA SAN MARTIN or the entity upon behalf of which the COMM. #1120518 n NOTARY PUBLIC -CALIFORNIA vl person(s; acted, executed the instrument. SAN DIEGO COUNTY i My Commission Expires DECEMBER 22,2000 WITNESS my hand and official seal. SISPUMM OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TALI$) ❑ PARTNER(S) ❑ uMrrED ❑ GENERAL © ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: NAME OF PER9OWS5 OR RT7Y=S) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION -9236 PAffaa AYe_ P.O. Boa 7184 - Cow11p Park. CA 91309-7184 r Page SA In the event that the principal executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. . IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 21ST day of APRTF 4997, Pacific Hydrotech CQ[p. 1. Name of Contractor (Principal) Anti- ure(T'ale J. NNP ins, President ryry� INSURANCE COMPANY OF THE WEST By •./J&4 �=t Name of Surety Authorized Agent Signature 11455 EL CAMINO REAL VALERIE M. PEARCE. ATTORNEY-IN-FACT SAN DIEGO, CA 92130 -2045 (619)350 -2400 Address of Surety Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 5/91 CALIFORNIA ALL PURPACKNOWLEDGMENT • State of California County of Riverside On ''I —rQq — 9-� before me, Kristine Bertuco, Notary Public personally appeared T, �a p_f [ " 1S T personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) Ian`_ whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reatichment of this form to another document Description of Attached Document Title or Type of Document: Document Date: 4 —C � - Q 7 Number of Pages: I_ Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: 7 L 2 k � CI S ❑ Individual Corporate Off cr Title(s): f ❑ Partner - Limited General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Top of Numb here Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Title(s): ❑ Partner - Limited General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 7 Top of thumb here Insloance Company of the Wet HOME OFFICE: SAN DIEGO. CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That INSURANCE COMPANY OF THE WEST, a Catitorma Corooration, does hereby appoint: VALERIE M. PEARCE its true and lawful Attorney(s)-in -Fact, with full power and authority, to execute. on behalf of the Company, fidelity and surely bonds, undertakings, and other contracts of suretyship of a similar nature. This Power of Attorney is granted and is signed and seated by facsimile under the authority of the following Resolution adopted by the Board of Directors on the 22nd day of November, 1994, which said Resolution has not been amended or rescinded and of which the following is a true copy: - RESOLVED. that the Chairman of the Board, the President, an Executive Vice President or a Senior Vice President of the Company, and each of them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company, hdelity, and surety bonds, undertakings, or other conuacts of suretyship of a similar nature: and to attacn thereto the seal of the Company; provided however, that the absence of the seal shall not affect the validity of the instrument. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company, and the signatures of any witnesses, the signatures and seal of any notary. and the signatures of any officers certifying the validity of the Power of Attorney, may be affixed by facsimile.' IN WITNESS WHEREOF. INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers this 27th day of March 1995 �a- °• "•'°� INSURANCE COMPANY OF THE WEST i STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO John L. Hannum. Senior Vice President On this March 27th, 1995_ before me personally appeared John L Hannum, Senior Vice President of INSURANCE COMPANY OF THE WEST, personally known to me to be the individual and officer who executed the within instrument, and aeknowiedged to me that he executed the same in his official capacity and that by his signature on the instrument the corporation on behalf of which he acted. executed the instrument. WITNESS my hand and official seal. NOPMA POFtF2 COV!.! k^";. 7 SAN Dii�,; i� ":1' My Comm. expires JAN IA. 1996 G CERTIFICATE: i t NotarPublic� 1, E. Harped Davis, Vice President of INSURANCE COMPANY OF THE WEST, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing g is a true COPY. is still in full force and effect, and that this certificate may be signed by facsimile under the authority of me above quoted resolution. IN WITNESS WHEREOF, I have subscribed my name as Vice President, on this 21ST day of APRIL. 1997 . rev „� INSURANCE COMPANY OF THE WEST 6r o, ' • r r+isyw. E. Harned Davis. Vice President ICW 37 THIS CERTIFICP 'g CANCELS AND REPLACES CERTIFIC. D DATED 04/22/97 - 4/30 97 : - ....- . ..... ..,: -, ... -.. _ , -.. , . - PRODUCER _ COMPANIES AFFORDING COVERAGE Robert F. Driver Co., Inc. COMPANY A Reliance Ins. Co. LETTER 1620 Fifth Avenue San Diego, Ca 92101 COMPANY.' LEITER ..B Zenith Ins. Co. INSURED COMPANY C Pacific Hydrotech Corp. I-Elmik C' ANYD 27200 Hwy 74 Perris, CA 92570 LETIER COMPANYE LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES AND IS NOT AMENDED. EXTENDED OR ALTERED BY THIS CERTIFICATE. LTR ,TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE ALL LIMITS IN THOUSANDS A GENERAL LIABILITY (OCCURENCE BASIS ONLY) QB8580598 5/01/96 5/01/98 GENERAL AGGREGATE $ 2,000 X COMMERCIAL COMPREHENSIVE PRODUCTSJCOMPLETED $ 2,000 OWNERS A CONTRACTORS OPERATIONS AGGREGATE PERSONAL INJURY $1,000 PROTECTIVE CONTRACTUAL FOR SPECIFIC CONTRACT 7( PRODUCTSICOMPLETED OPERATION EACH OCCURENCE $1,000 XCU HAZARDS BROAD FORM PROPERTY DAMAGE 7{ SEVERABILITY OF INTEREST CLAUSE FIRE DAMAGE $ 50 P.1. WITH EMPLOYEE EXCLUSION (ANYONE FIRE) MEDICAL EXPENSES $ 5 REMOVED MARINE (ANY ONE PERSON) AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000 A ANY AUTO QB8580598 5/01/96 5/01/98 ALL OWNED AUTOS BODILY INJURY (PER PERSON) $ SCHEDULED AUTOS BODILY INJURY $ HIRED AUTOS (PER ACCIDENT) 'NON -OWNED AUTOS PROPERTY GARAGE LIABILITY DAMAGE $ EXCESS LIABILITY EACH AGGREGATE A UMBRELLA FORM QU9580598 05/01/96 5/01/98 OCCURENCE OTHER THAN UMBRELLA FORM $ 4,000 $4 , 000 B wORKERS'COMPENSATION 2040000302 05/01/96 05/01/97 STATUTORY $ EACH ACCIDENT & Z040000303 05/01/97 05/01/98 EMPLOYERS' LIABILITY $ 1,000 DISEASE- POLICY LIMIT $ 1,000 DISEASE -EACH EMPLOYEE OTHER DESCRIPTION OF OPETATIONSA.00ATIONSNEMICLESIRESTRICTIONS/SPECIAL ITEMS: ALL OPERATIONS PERFORMED FOR THE CITY OF NEWPORT BEACH BY OR ON BEHALF OF THE NAMED INSURED IN CONNECTION WITH, BUT NOT LIMITED TO THE FOLLOWING CONTRACT: St-raa+ TmsnroyeMPnts at TA Jo11a and C13ff nr1TTe, COntrnnt Nn, 3119 PROJECI'TDIE AND CONTRACT NUMBER ADDITIONALLY INSURED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NOWRENEW EO, CANCELLED OR CITY OF NEWPORT BEACH COVERAGE REDUCED BEFORE THE EXPIRATION DATE THE COMPANY AFFORDING P.O. BOX 1768 COVERAGE SHALL PROVIDE 30 DAYS MINIMUM ADVANCE NOTICE TO THE CITY OF 3300 NEWPORT BOULEVARD NEWPORT BEACH BY FIRST SMAIL NEWPORT BEACH, CALIFORNIA 92658 -8915 �- i, :�c— f�«,,..i 4/30/97 ATTENTION: AUTHOR® R&ktESENTATIVE ISSUE DATE GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: Page 11 1. With respect to such insurance as is afforded by the policy for General Liability, the City of Newport Beach, its officers and employees are additional insureds, but only with respect to liability arising out of operations performed by or on behalf of the named insureds in connection with the contract designated below or acts and omissions of the additional insureds in connection with its general supervision of such operations. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: 'The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage. 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision contained in the written contract designated below, between the named insured and the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU" hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured(s) named in Paragraph 1 of this endorsement shall be the limits indicated below written on an "Occurrence" basis: (4 Commercial Comprehensive General Liability $ 1,000,000 each occurrence $ 2.000.000 aggregate The applicable limit of Contractual Liability for the company affording coverage shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insured(s). The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to General Liability Insurance. 5/91 Page 11A 6. Should the policy be non - renewed, canceled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 7. Designated Contract: Street Improvements at La Jolla and Cliff Drive. Contract No 3119 Project Title and Contract No. This endorsement is effective 04/22/97 at 12:01 a.m. and forms a part of Policy No.gxRSRnsgs of eP�.tB_ .: TT,G_ c (Company Affording Coverage). Insured: Pacific Hydrotech Corp. Endorsement No.: ISSUING COMPANY By: ,GLfn� �iz Authorized Representative 5/91 AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT It is agreed that: Page 12 With respect to such insurance as is afforded by the policy for Automobile Liability, the City of Newport Beach, its officers and employees are additional insureds, but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage." 3. The limits of liability under this endorsement for the additional insureds named in Paragraph 1. of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit: 5/91 () Multiple limits Bodily Injury Liability per person Bodily Injury Liability $ per accident Property Damage Liability (x) Combined Single Limit Bodily Injury Liability & Property Damage Liability $ 1,000,000 The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one accident or occurrence in excess of the limits of liability stated in the policy as applicable to Automobile Liability Insurance. Page 12A 4. Should the policy be non - renewed, canceled or coverage reduced before the expiration date thereof, the issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 5. Designated Contract: Street Improvements at La Jolla and Cliff Drive Contract No 3119 Project Title and Contract No. This endorsement is effective April 22, 1997 at 12:01 a.m. and forms a part of Policy NO.QB8580598 of Reliance Ins. Co (Company Affording Coverage). Insured: Pacific xydrotech Corp. Endorsement ISSUING COMPANY Authorized Representative S /91 Page 13 WORKERS' COMPENSATION INSURANCE CERTIFICATION "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 4/22/97 Date 3119 Contract Number 5/91 Pacific Hydrotech Corp Name of Contractor (Principal) S /J. Kirk Hams President Authorized Signature and Title Street Improvements at La Jolla and Cliff Drive Title of Project Page 14 CONTRACT THIS AGREEMENT, entered into this 15th day of April 1997, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Pacific Hydrotech Corp. hereinafter "Contractor," is made with reference to the following facts: A. City has heretofore advertised for bids for the following described public work: Street Improvements at La Jolla & Cliff Drive 3119 Title of Project Contract No. B. Contractor has been determined by City to be the lowest responsible bidder on said public work, and Contractor's bid, and the compensation set forth in this contract, is based upon a careful examination of all plans and specifications by Contractor, NOW, THEREFORE, the parties hereto agree as follows: 1. Contractor shall furnish all materials and perform all of the work for the construction of the following described public work: Street Improvements at La Jolla & Cliff Drive 3119 Title of Project Contract No. which project is more fully described in the contract documents. Contractor shall perform and complete this work in a good and workmanlike manner, and in accordance with all of the contract documents. 2. As full compensation for the performance and completion of this work as prescribed above, City shall pay to Contractor the sum of Thirty Two Thousand Five Hundred Fogy Five Dollars and Twenty -Two Cents ($ 32.545.22 ) for La Jolla Drive and the sum of Twenty Eight Thousand Thirty Six Dollars and Nineteen Cents ($ 28.036.19 ) for Cliff Drive. This compensation includes: (a) Any loss or damage arising from the nature of the work, (b) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (c) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 5/91 Page 14A 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated herein by reference as though set out in full and include the following: (a) Notice Inviting Bids (b) Instructions to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and Endorsement(s) (f) Plans and Special Provisions for Street Improvements at La Jolla and Cliff Drive Contract No. 3119 Title of Project Contract No. (g) This Contract (h) Standard Specifications of Public Works Construction (current Edition) and all supplements 4. Contractor shall assume the defense of, pay all expenses of defense and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, injury and liability of every kind, nature and description by reason of or arising out of the negligent or willful conduct of the Contractor, his /her employees, agents and subcontractors in the performance of the Project, except such loss or damage caused solely by the active negligence of City or its officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. CITY OF NEWPORT BEACH A Municipal Corporation By: A ayor TO FORM: CITY ATTORNEY 9? I �6 "Til W" Name of Contractor ATTEST: \ \ CITY CLERK l- Authonzed-Signature and 5/91 ° CITY OF NEWPORT BEACH • . PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS STREET IMPROVEMENTS AT LA JOLLA DRIVE AND CLIFF DRIVE CONTRACT NO. 3119 INTRODUCTION PART 1--- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 1 2 -6 WORK TO BE DONE 1 2 -9 SURVEYING 1 2 -9.3 Survey Service 1 SECTION 4 CONTROL OF MATERIALS 2 4 -1 MATERIALS AND WORKMANSHIP 2 4 -1.3 Inspection Requirements 2 4 -1.3.4 Inspection and Testing 2 SECTION 5 UTILITIES 2 5 -7 ADJUSTMENTS TO GRADE 2 SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE 2 OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 2 6 -7 TIME OF COMPLETION 2 6 -7.1 General 2 6 -7.2 Working Days 3 6 -7.4 Working Hours 3 6 -9 LIQUIDATED DAMAGES 3 'SECTION 7 7 -8 7 -8.5 7 -8.6 7 -8.8 7 -10 7 -10.1 7 -10.3 7 -10.4 7- 10.4.1 7 -10.5 7 -10.6 7 -10.7 7 -15 7 -16 SECTION 9 • i RESPONSIBILITIES OF THE CONTRACTOR 3 PROJECT SITE MAINTENANCE 3 Temporary Light, Power and Water 3 Water Pollution Control 4 Steel Plates 4 PUBLIC CONVENIENCE AND SAFETY 4 Traffic and Access 4 Street Closures, Detours, Barricades 4 Public Safety 4 Safety Orders 4 "No Parking" Signs 5 Street Sweeping Signs 5 Notice to Residents 5 CONTRACTOR LICENSES 5 CONTRACTOR'S RECORDSIAS BUILT DRAWINGS 5 MEASUREMENT AND PAYMENT 9 -3 PAVEMENT 9 -3.1 General 9 -3.2 Partial and Final Payment PART 3--- CONSTRUCTION METHODS SECTION 300 EARTHWORK C 6 6 8 0 300 -1 CLEARING AND GRUBBING 8 300 -1.3 Removal and Disposal of Materials 8 300 -1.3.1 General 9 300 -1.5 Solid Waste Diversion 9 SECTION 302 ROADWAY SURFACING 9 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 9 302 -6.6 Curing 9 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 9 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 9 303 -5.5 Finishing 9 300 -5.5.2 Curb 9 300 -5.5.4 Gutter 9 PART 4 SECTION 400 ALTERNATIVE ROCK PRODUCTS, ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE, AND UNTREATED BASE MATERIAL 400 -2 UNTREATED BASE MATERIALS 400 -2.1 General 400 -2.1.1 Requirements 10 10 10 10 SP lof 10 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT STREET IMPROVEMENTS AT LA JOLLA DRIVE AND CLIFF DRIVE CONTRACT NO. 3119 INTRODUCTION All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the Plans (Drawing No. R- 5692 - -S, (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including Supplements; and (4) Standard Specifications for Public Works Construction (1994 edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department for Ten Dollars ($10.00). Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California, 90034, telephone (310) 202 -7775. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE Add to this section, "The work necessary for the completion of this contract consists of removing and replacing asphalt and P.C.C. roadway, driveway approaches, cross gutters, curb and gutter; adjusting City-owned utility frames and covers to finished grade; and constructing other incidental items of work. " 2 -9 SURVEYING 2 -9.3 Survey Service Add to this section "The Engineer will provide construction staking as required to construct the improvements. Any supplemental staking for the convenience of the Contractor or any restaking and costs thereof shall be the responsibility of the Contractor and shall be withheld from Contractor's payment. The Contractor shall notify the City in writing two (2) working days in advance of the time that the stakes are needed." S . , ; • SP2of10 SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. When in the opinion of the Engineer, additional tests or inspections are required because of non - complying test results such tests and inspections shall be paid for by the Contractor. SECTION S - -- UTILITIES 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finish grade City -owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor shall coordinate the adjustment of Southern California Edison, The Gas Company, Pacific Bell and cable television facilities to the finish grade. SECTION 6 - -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section " No work shall begin until a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five (5) working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to submit a remedial schedule, showing how he will meet the time of completion requirement, if work falls behind the approved schedule." 6 -7 TIME OF COMPLETION. 6 -7.1 General. Add to this section "The Contractor shall complete all work under the Contract within twenty (20) consecutive working days from the date of the "Notice to Proceed ". It will be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100% completion of work. F f . • • SP3of10 The term "work' as used herein shall include all removals, adjustments and replacements; and construction of A.C. Roadways, P.C.C. roadways, driveway approaches, curbs, gutters, driveways and sidewalks. Also included within the specified period is curing time for new P.C.C. improvements. The Contractor must employ sufficient men and equipment to meet his schedule." 6 -7.2 Working Day. Revise 3) to read "any City holiday, defined as January 1st, the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday in November (Thanksgiving), and December 25th (Christmas). If January 1 st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 4:30 p.m. Monday through Thursday and 7:00 a.m. to 3:30 p.m. on Fridays. Should the Contractor elect to work later than normal working hours weekdays or between 8:00 a.m. and 6:00 p.m. Saturday, he must obtain special permission from the Engineer. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for inspection costs, at $50.00 per hour, when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read "For each consecutive calendar day after the twenty (20) consecutive working days specified for completion of the work, as adjusted in accordance with subsection 6 -6, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $350.00. Revise paragraph two, sentence one, to read "Execution of the Contract shall constitute agreement by the Agency and Contractor that $350.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time." The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned, continuous sequence so as to minimize the time that the street ends are closed to the public. SECTION 7--- RESPONSIBILITIES OF THE CONTRACTOR 7 -8 PROJECT SITE MAINTENANCE. 7 -8.5 Temporary Light, Power and Water. Add to this section "If the Contractor elects to use the City's water, he shall arrange for a meter and tender a $750 meter deposit with the City. Upon return of the meter in good condition to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage." t SP4of10 7 -8.6 Water Pollution Control. Add to this section "Surface runoff water containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into the bay." 7 -8.8 Steel Plates. The City can provide a limited quantity of steel plates. These plates may be obtained for a rental charge of $15.00 per plate per week or part thereof. In addition the Contractor shall deposit $100 for the use of the City's lifting eye fitting and for the use of trench plates. The Contractor shall obtain plates from and return plates to the City's Utilities Yard at 949 West 16th Street. To determine the number of plates available and to reserve the plates, the Contractor must call the City's Utilities Superintendent, Mr. Peter Antista, at (714) 644 -3011. 7 -10 PUBLIC CONVENIENCE AND SAFETY. 7 -10.1 Traffic and Access. Add to this section "The Contractor shall provide traffic control and access in accord with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc. The Contractor shall phase his construction in such a manner as to minimize the inconvenience to the public and maintain vehicular access to the alley as much as possible. The Contractor may close both La Jolla and Cliff Drive within the project limits but must maintain access for local and emergency vehicles. Vehicle access may be suspended during the time required for installation and cure of P.C.C. improvements." 7 -10.3 Street Closures, Detours, Barricades. Add to this section "The Contractor shall also prepare a traffic control plan and submit it to the Engineer, for approval, at least five (5) working days prior to construction. The Contractor will be responsible for processing and obtaining approval of a traffic control plan from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan." 7 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this section "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations , and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance will not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site. Nothing contained in this section shall be construed as relieving the Contractor of the full responsibility for providing for worker protection." . ; SP5of10 7 -10.5 "No Parking" Signs. The Contractor shall furnish, install, and maintain in place "NO PARKING - TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least 48 hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division at (714) 644 -3740, for verification of posting at least 48 hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimension of 12- inches wide and 18- inches high; and (3) be similar in design and color to sign R -38 of the Caltrans Uniform Sign Chart. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING - TOW AWAY" signs in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.6 Street Sweeping Signs. After posting "NO PARKING - TOW AWAY" signs, the Contractor shall cover street sweeping signs, on those streets adjacent to construction in a manner approved by the Engineer. Immediately after construction is complete and the street is opened to traffic the Contractor shall uncover the street sweeping signs. 7 -10.7 Notices to Residents and Temporary Parking Permit. Forty -eight (48) hours before restricting vehicular or pedestrian access to garages, parking spaces, sidewalks, etc., the Contractor shall distribute to affected residents a written notice stating when construction operations will start and approximately when vehicular and pedeatrian accessibility will be restored. The written notices will be prepared by the Engineer. The Contractor shall insert the applicable dates and times when the notices are distributed. Errors in distribution, false starts, acts of god, strikes or other alterations of the schedule will require Contractor renotification using an explanatory letter furnished by the Engineer. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until completion of work, the Contractor shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and so certified by the Engineer at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide "As- Built" corrections upon a copy of the Plans. The "As- Built" correction plans shall be verifieu by the Engineer prior to final payment or release of any bonds. 0 SP6of10 The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three (3) years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9--- MEASUREMENT AND PAYMENT 9 -3 PAYMENT. 9 -3.1 General. Revise paragraph two to read "The unit and lump sum prices bid for each item of work shown on the proposed shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include all preparation and scheduling of materials and equipment necessary to complete the work under this contract. This item shall also include the delivery of all required notifications, posting of signs and all other costs incurred in notifying the residents. Item No. 2 Remove Existing P.C.C. Pavement: Work under this item shall include sawcutting, removing existing P.C.C. pavement and disposal of excess material. Item No. 3 Remove Existing A.C. Pavement: Work under this item shall include sawcutting, removing existing Asphalt pavement and disposal of excess material. Item No. 4 Remove Existing P.C.C. Sidewalk, Alley and Driveway Approach: Work under this item shall include sawcutting, removing existing P.C.C. sidewalk, alley approaches, driveway approaches and disposal of excess material. Item No. 5 Remove Existing P.C.C. Curb, Curb and Gutter: Work under this item shall include sawcutting, removing existing P.C.C. curb and curb and gutter and disposal of excess material. Item No. 6 Adjust Sewer Cleanout to Grade: Work under this item shall include all work necessary in adjusting existing sewer cleanout to grade. Item No. 7 Adjust Water Valve Cover to Grade: Work under this item shall include all work necessary in adjusting existing water valve covers to grade. •• i • SP7of10 Item No.8 Provide Traffic Control and Delineation This item shall include providing the traffic control required by the project including, but not limited to, preparation of traffic control plans, signs, cones, barricades, flashing arrow sign, K -rail, striping, flagmen and all other work necessary to comply with the W.A.T.C.H. manual, latest edition, and City of Newport Beach Requirements. Item No. 9 Construct (6 -Inch) Aggregate Base Course: Work under this item shall include all work necessary in constructing a 6 -inch thick aggregate base course including excavation, subgrade preparation, grading, compaction, placement and all other work necessary to construct the base course complete and in place. Item No. 10 Construct (2 1/2 -Inch) A.C. Base Course: Work under this item shall include all work necessary in constructing a 2 1/2 -inch thick A.C. base course including placement, compaction, and all other work necessary to construct the A.C. base course complete and in place. Item No. 11 Construct (1 1/2 -Inch) A.C. Finish Course: Work under this item shall include all work necessary in constructing a 2 1/2 -inch thick A.C. finish course including placement, compaction, and all other work necessary to construct the A.C. finish course complete and in place. Item No. 12 Construct 8 -Inch Thick P.C.C. Pavement: Work under this item shall include all work necessary in excavating, subgrade preparation, compacting, placement, finishing and all other work necessary to construct 8 -inch thick P.C.C. pavement complete and in place. Item No. 13 Construct P.C.C. Curb and Gutter (6" C.F. & 1' Gutter): Work under this item shall include all work necessary in excavating, subgrade preparation, compacting, placement, finishing and all other work necessary to construct P.C.C. curb and gutter with a 6 -inch curb face and a 1 -foot gutter complete and in place. Item No. 14 Construct P.C.C. Variable Curb and Gutter (6 -9" C.F. & I' Gutter): Work under this item shall include all work necessary in excavating, subgrade preparation, compacting, placement, finishing and all other work necessary to construct P.C.C. curb with variable height from 6- inches to 8- inches and a one foot wide gutter complete and in place. Item No. 15 Construct P.C.C. Curb (6" C.F.): Work under this item shall include all work necessary in excavating, subgrade preparation, compacting, placement, finishing and all other work necessary to construct P.C.C. curb with a 6 -inch curb face complete and in place. Item No. 16 Cc-_struct P.C.C. Curb (8" C.F.): Work under this item shall include all work necessary in excavating, subgrade preparation, compacting, placement, finishing and all other work necessary to construct P.C.C. curb with an 8 -inch curb face complete and in place. I SP8of10 Item No. 17 Construct P.C.C. Curb and Gutter (8" C.F. & 2' Gutter): Work under this item shall include all work necessary in excavating, subgrade preparation, compacting, placement, finishing and all other work necessary to construct P.C.C. curb and gutter with an 8 -inch curb face and a 2 -foot gutter complete and in place. Item No. 18 Construct 8 -Inch Thick P.C.C. Cross Gutter: Work under this item shall include all work necessary in excavating, subgrade preparation, compacting, placement, finishing and all other work necessary to construct an 8 -inch thick P.C.C. cross gutter complete and in place. Item No. 19 Construct 4 -Inch Thick P.C.C. Sidewalk: Work under this item shall include all work necessary in excavating, subgrade preparation, compacting, placement, finishing and all other work necessary to construct a 4 -inch thick P.C.C. sidewalk complete and in place. Item No. 20 Construct P.C.C. Driveway and Alley Approaches: Work under this item shall include all work necessary in excavating, subgrade preparation, compacting, placement, finishing and all other work necessary to construct P.C.C. driveway and alley approaches complete and in place. Item No. 21 Remove and Reconstruct Existing Stairs: Work under this item shall include all work necessary in sawing and removing the existing wooden stairs and railings to the property line and reinstalling them, to join the new improvements, using like materials and methods in order to match the existing construction and all other work necessary to reconstruct the wooden steps complete and in place. The work will also include the construction of a 4 -inch thick P.C.C. pad adjacent to the curb at the bottom of the steps. Item No. 22 Install Landscaping: Work under this item shall include all work necessary in preparing the soil, installing landscaping, modifying the existing irrigation system and matching existing landscaping and all other work necessary to install landscaping complete and in place. 9 -3.2 Partial and Final Payment. Add to this section "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." SP9of10 PART CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General. Add to this section "The work shall be done in accord with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be at 2 -inch minimum depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stoppers will not be permitted on the job. Final removal accomplished by other means must be approved by the Engineer. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each work day." 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility which crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer. SECTION 302 - -- ROADWAY SURFACING 302 -6 PORTLAND CEMENT CONCRETE PAVEMENT 302 -6.6 Curing. The Contractor shall not open street improvements to vehicular use until P.C.C. has attained the minimum compressive strength specified in Section 201 -1.1 -2 of the Standard Specifications. Said strength may be attained more rapidly, to meet the time constraints in Section 6 -7.1 herein, by the use of additional Portland cement or admixtures with prior approval of the Engineer. CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 April 18, 1997 Damon Const. Co. 455 Carson Plaza Carson, CA 90746 Gentlemen: (714) 644 -3005 Dr., Unit F Thank you for your courtesy in Street Improvements at La Jolla the City of Newport Beach. submitting a bid for the and Cliff Drive project in 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 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 April 18, 1997 Kalban, Inc. 10950 Tuxford Avenue Sun Valley, CA 91352 Gentlemen: (714) 6443005 Thank you for your courtesy in Street Improvements at La Jolla the City of Newport Beach. submitting a bid for the and Cliff Drive project in 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 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 April 18, 1997 Excel Paving Co. 2230 Lemon Avenue Long Beach, CA 90806 Gentlemen: (714) 6443005 Thank you for your courtesy in Street Improvements at La Jolla the City of Newport Beach. submitting a bid for the and Cliff Drive project in 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 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 April 18, 1997 (714) 6443005 Gillespie Construction, Inc. 245 Fischer Ave., Suite B -3 Costa Mesa, CA 92626 Gentlemen: Thank you for your courtesy in Street Improvements at La Jolla the City of Newport Beach. submitting a bid for the and Cliff Drive project in 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, Y (n . 4 CL„ .ezk�-4-4) LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach Lai ..a L.1) 00 X u 0 co co cc VM CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 April 18, 1997 E & M Constructors Box 922306 Sylmar, CA 91342 Gentlemen: (714) 6443005 Thank you for your courtesy in Street Improvements at La Jolla the City of Newport Beach. submitting a bid for the and Cliff Drive project in 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 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 April 18, 1997 Nobest Inc. P.O. Box 874 Westminster, CA 92684 Gentlemen: (714) 644 -3005 Thank you for your courtesy in Street Improvements at La Jolla the City of Newport Beach. submitting a bid for the and Cliff Drive project in 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, � V� -�..� ►'�'� . ++�� cam} LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 April 18, 1997 JDC P.O. Box 3448 Rancho Cucamonga, Gentlemen: (714) 644 -3005 CA 91729 -3448 Thank you for your courtesy in Street Improvements at La Jolla the City of Newport Beach. submitting a bid for the and Cliff Drive project in 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 • E' :: "� COUNCIL CITY OF ^. ,DCRT BEACH AUG 2 51997 August 25, 1997 • CITY COUNCIL AGENDA FS H fcOV ITEM NO. 3 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: CONSTRUCTION OF CURB, GUTTER, AND ROADWAY ON LA JOLLA DRIVE, FROM CLIFF DRIVE TO 300 FEET SOUTH OF CLIFF DRIVE, CONTRACT NO. 3119 RECOMMENDATIONS: 1. Schedule a public hearing for 7:00 p.m. on September 8, 1997, on the "Notice of Cost' for the construction of curbs, gutters, driveway approaches and sidewalk along La Jolla Drive, from Cliff Drive to 300 feet south of Cliff Drive, under the procedure of Chapter 27 of the Municipal Improvement Act of 1911. 2. Accept the Work. 3. Authorize the City Clerk to file a Notice of Completion. 4. 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 August 26, 1996 City Council directed staff to use the procedure of Chapter 27 of the Municipal Improvement Act of 1911 to complete the construction of curb, gutter, and roadway on La Jolla Drive from Cliff Drive to 300 feet south of Cliff Drive. A Public Hearing was held on September 9, 1996 at which time the City Council heard comments regarding the proposed improvements. Subsequently, on September 23, 1997, City Council directed staff to proceed with completing the construction. The property owners are required to pay for the curb, gutter, sidewalk and driveway approaches. The City paid for the removals, grading, roadway, and cross gutter. In accordance with Chapter 27 of the Municipal Improvement Act of 1911, upon completion of the construction, a report shall be filed specifying the work which has been done, the cost of construction, a description of the real property in front of which the work has been done, and the assessment against each lot proposed to be levied. As stated in the original petition, signed by a majority of the property owners, the owners agreed to divide the costs equally, per parcel, regardless of the benefit. The cost of construction for each parcel is $525.00 even for the parcels listed for no • improvements. SUBJECT: CONSTRAWN OF CURB, GUTTER AND ROADWAY *JOLLA DRIVE, CLIFF DRIVE TO 30V SOUTH OF CLIFF DRIVE, CONTRACT NO. 3119 August 25, 1997 Page 2 The information for each individual property owner is as follows: . Assessor Pcl. # Improvements Assessor Pcl. # Improvements Address Address Name Name 425 - 382 -33 Curb & Dwy. 425 - 383 -04 None 249 La Jolla Dr. 214 La Jolla Dr. Kuster Weber 425 - 382 -34 Curb & Dwy. 425 - 383 -05 None 245 La Jolla Dr. 218 La Jolla Dr. Forbes Pomeroy 425 - 382 -35 Curb, Dwy. 425 - 383 -06 Curb, Curb & 241 La Jolla Dr. & Sidewalk 222 La Jolla Dr. Gutter Majumd Scheurer 425 - 382 -36 Curb, Dwy. 425 - 383 -07 Curb & Gutter 237 La Jolla Dr. & Sidewalk 226 La Jolla Dr. Moore Palmquist 425 - 382 -37 Curb, Dwy. 425 - 383 -08 Curb & Gutter 233 La Jolla Dr. & Sidewalk 230 La Jolla Dr. . Harmon Howieson 425 - 382 -38 Curb & Dwy. 425- 383 -09 Cur b' Gutter, 229 La Jolla Dr. 3015 Cliff Dr. Curb & Driveway Smith Smith 425 - 382 -39 None 225 La Jolla Dr. Smith City Council may, in its discretion, allow the costs of the improvements to be paid over a period of years at a rate of interest established by the City Council. The Administrative Services Director recommends that the property owners be given one year to pay at an annual rate of interest of 6.4% on the unpaid balance, with interest starting 31 days after the confirmation of the assessments by the City Council. After the confirmation of the assessments by the City Council and the close of the public hearing, property owners have 5 days to pay their assessments in cash. A lien will then be placed on any property for which the assessments have not been paid, or for which the owners have entered into an arrangement to pay over a period of time. Agreements will be recorded and constitute a lien upon the property. The payments will . be collected by the Administrative Services Department. 11 SUBJECT: CONSTRUC OF CURB, GUTTER AND ROADWAY - *LLA DRIVE, CLIFF DRIVE TO 300' SOUTH CLIFF DRIVE, CONTRACT NO. 3119 August 25, 1997 Page 3 On April 14, 1997, City Council authorized the award of a construction contract to Pacific Hydrotech Corporation of Perris, California. The contract provided for the complete reconstruction of the existing roadways, construction of new curb & gutter, driveway approaches and alley approaches. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract costs is as follows: Original bid amount: $60,581.41 Actual amount of bid items constructed: 58,583.31 Total amount of change orders: 300.00 Final contract cost: $58,883.31 The decrease ($1,998.10) in the actual bid items over the estimated bid items constructed resulted from reduction in the asphalt concrete placed and curb.& gutter removed. The final overall construction cost, including change orders, was 2.9% less than the original bid amount. One change order in the amount of $300.00 provided for the removal of a concrete roadway and replacement with concrete curb. Funds for the project were budgeted in the Assessment District Fund and General Fund as follows: Description La Jolla Drive Assessments Street, Alley, Bikeway Improvement Program Street, Alley Bikeway Improvement -G.S. Total Account Amount Number 7401- C5100335 $6,825.00 7013- C5100017 45,975.00 7013- C5100015 14,200.00 $67,000.00 The contract specified completion of all work within twenty (20) working days from date of the "Notice to Proceed ". The contract was completed as scheduled on June 27, 1997. Respectfully submitted PUBLIC WORKS DEPARTMENT Don Webb, Director , By Stephen uy Project Engineer Attachments: Location Map f:\ groups \pubworks \98- counc\Hug -25\SR -3119 �7 / (�� // CLIFF DR. / Lo'cATUOoN MAP ws C] a 0 0 .: .. u TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT (3N) April 14, 1997 CITY COUNCIL AGENDA ITEM NO. 16 -7 -Ad SUBJECT: STREET IMPROVEMENTS AT LA JOLLA AND CLIFF DRIVE CONTRACT NO. 3119 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3119 to Pacific Hydrotech Corporation for the total price of $60,581.41 and an amount of $6,418.59 for testing and additional work; authorize the Mayor and the City Clerk to execute the Contract. DISCUSSION: At 11:00 A.M. on April 3, 1997, the City Clerk opened and read the following bids for this project: *Corrected Bid Total The low bidder is 10% less than the Engineer's estimate of $67,000. Pacific Hydrotech Corporation of Perris California, the low bidder, has not performed previous contract work for the city, however a check with their experience references and the State Contractor's License Board has indicated that Pacific Hydrotech Corporation has successfully completed projects of a similar nature for other southern California agencies and has no pending actions detrimental to their contractor's license. The proposed improvements at Cliff Drive and La Jolla Drive provide for the complete reconstruction of existing roadways, the construction of new cross gutters, curb, curb and gutter, driveway approaches and alley approaches. The improvements will facilitate drainage, eliminate substandard pavement and improve access to the adjacent properties. A project location map is attached. ij3 dder Amount Low Pacific Hydrotech Corporation $60,581.41 2 E & M Contractors Inc. $66,052.50* 3 J.D.C. Inc. $77,935.50 4 Gillespie Const. Inc. $83,727.50 5 Damon Const. Co. $84,553.00 6 Nobest, Inc. $85,049.00 7 Kalban Inc. $114,161.05 8 Excel Paving Co. $114,475.50* *Corrected Bid Total The low bidder is 10% less than the Engineer's estimate of $67,000. Pacific Hydrotech Corporation of Perris California, the low bidder, has not performed previous contract work for the city, however a check with their experience references and the State Contractor's License Board has indicated that Pacific Hydrotech Corporation has successfully completed projects of a similar nature for other southern California agencies and has no pending actions detrimental to their contractor's license. The proposed improvements at Cliff Drive and La Jolla Drive provide for the complete reconstruction of existing roadways, the construction of new cross gutters, curb, curb and gutter, driveway approaches and alley approaches. The improvements will facilitate drainage, eliminate substandard pavement and improve access to the adjacent properties. A project location map is attached. a \' SUBJECT: STREET IMPROVEMENTS AT LA JOLLA AND CLIFF DRIVE CONTRACT NO. 3119 April 14, 1997 Page 2 La Jolla Drive is being constructed under Chapter 27 procedures of the Municipal Improvement Act of 1911. On August 26, 1996, Council directed staff to proceed with the Chapter 27 procedures and set a public hearing for 7:00 p.m. on September 9, 1996 to hear protests from anyone not desiring the improvements. The Public Hearing was held on September 9, 1996, and Council continued the matter to September 23, 1996 to allow staff to address the concerns of a property owner regarding vehicular access to his garage from the new street improvements. The concerns were addressed, and on September 23, 1996, Council directed staff to proceed with the Chapter 27 procedures. The adjacent property owners will be responsible for the La Jolla Drive costs associated with the construction of curb, curb and gutter, sidewalk, and driveway approaches. The City will be responsible for the costs associated with the construction of the roadway pavement, cross gutters and related items of work and all work on Cliff Drive. The total estimated cost to the property owners is $6,800.00. The average cost to each of the thirteen property owners will be $525.00 Sufficient funds are available in the La Jolla Drive Improvements, Account No. 7401- C5100335 ($6,800.00), Street, Alley, and Bikeway Improvements, Account No. 7013- C5100017 ($46,000.00), and the Street, Alley and Bikeway Improvement Account No. 7013- C3130015 ($14,200.00). R ecubmitted, on Webb Public Works Director Byte/ Stephen Luy Project Engineer Attachment: Project Location Map .• HOSPITAL ROAD U O biz IF O o� t+ZPyl N o� PROJECT CLIFF DR. .417ON ST PACIFIC o� ��9ST �9Y LOTiAT I ON MAP