HomeMy WebLinkAboutC-3151 - Ocean Front Street End improvements, 56th to 59th StreetsCITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH. CA 92658 -8915
September 3, 1998
Mr. Ernest Mendoza
E. A. Mendoza, Inc.
130 S. Chaparral Ct., Suite 205
Anaheim Hills, CA 92808
(714) 644 -3005
Subject: Contract No. 3151 - Ocean Front Street Ends
Improvements from 561h Street to 591h Street.
On July 13, 1998, the City Council of Newport Beach accepted the work of the
subject project and authorized the City Clerk to file a Notice of Completion and
to release the bonds 35 days after the Notice of Completion has been recorded in
accordance with applicable portions of the Civil Code.
The Notice of Completion was recorded by the Orange County Recorder on
July 29,1998 - Reference No. 19980488172. The Surety for the contract is Fidelity
and Deposit Company of Maryland, and the bond number is 08086063.
Sincerely,
..
LaVonne M. Harkless, CMC /AAE
City Clerk
cc: Public Works Department
Steve Luy, Project Manager
encl.
3300 Newport Boulevard, Newport Beach
b
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
41
Recorded in the County of Orange, California
111111111111111111 Clerk/Recorder
005 29006910 29 519980488172 11; 01am 07/29/98
N12 1 6.00 0.00 0.00 0.00 0.00 0.00
"Exempt from recording fees pursuant
to Government Code Section 6103"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300
Newport Boulevard, Newport Beach, California, 92663, as Owner, and
E A Mendoza Contracting of Anaheim Hills. California, as
Contractor, entered into a Contract on February 9 1998. Said
Contract set forth certain improvements, as follows:
Ocean Front Street Ends Improvements from 56th Street to 592
Street, C -3151.
Work on said Contract was completed on June 2. 1998, and was found
to be acceptable on July 13. 1998 by the City Council. Title to
said property is vested in the Owner, and the Surety for said
Contract is Fidelity and Deposit Company of Maryland. -7
Public Works Director
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true
and correct to the best of my /knowledge.
Executed on JXILI LI l . f �� at Newport Beach,
California. J/
�FavpoRr
BY
City Clerk���
I,
I�
,c
July 15,1998
0
0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Orange County Recorder
Post Office Box 238
Santa Ana, California 92702
(714) 644 -3005
RE: Notice of Completion for Ocean Front Street Ends Improvements from
56th Street to 591h Street (C -3151)
Notice of Completion for Upper Castaways Passive Park (C -3078)
Please record the enclosed documents and return it to the City Clerk's Office.
Thank you.
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
LH:lvi
Attachments
3300 Newport Boulevard, Newport Beach
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
"Exempt from recording fees pursuant
to Government Code Section 610311
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300
Newport Boulevard, Newport Beach, California, 92663, as Owner, and
E A Mendoza Contracting of Anaheim Hills. California, as
Contractor, entered into a Contract on June 23. 1998. Said
Contract set forth certain improvements, as follows:
Uoner Castaways Passive Park. C -307
Work on said Contract was completed on March 11. 1998, and was
found to be acceptable on July 13. 1998 by the City Council.
Title to said property is vested in the Owner, and the Surety for
said Contract is Continental Casualty Cownany. . /1
M
Public Works Director
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true
and correct to the best of my knowledge.
Executed one �� /� at Newport Beach,
California.
BY ✓ V C
City Clerk �� ��
L
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
0
"Exempt trom 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
F A Mendoza Contracting of Anaheim Hills California, as
Contractor, entered into a Contract on February 9, 1998. Said
Contract set forth certain improvements, as follows:
Ocean Front Street Ends Improvements from 56th Street to 59tH
Street C -3151.
Work on said Contract was completed on June 2 1998, and was found
to be acceptable on July 13, 1998 by the City Council. Title to
said property is vested in the Owner, and the Surety for said
Contract is Fidelity and Deposit Companv of Maryland. 1
Public Works Director
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true
and correct to the best of my knowledge.
Executed on A161L, 1;S at Newport Beach,
California.
BY
City Clerk j, =f;'Ol\
0
July 13, 1998
CITY COUNCIL AGENDA
TO: Mayor and City Council Members
JUL 1 81x98
FROM: Public Works Department
SUBJECT: COMPLETION AND ACCEPTANCE OF OCEAN
IMPROVEMENTS FROM 56TH STREET TO 59TH STREET, CONTRACT
NO. 3151
RECOMMENDATIONS:
1. Accept the work.
2. Authorize the City Clerk to file a Notice of Completion.
3. Authorize the City Clerk to release the bonds 35 days after the Notice of
Completion has been recorded in accordance with applicable portions of the Civil
Code.
DISCUSSION:
On February 9, 1998, the City Council authorized the award of the Ocean Front Street
• Ends contract to E.A. Mendoza Contracting of Anaheim Hills, California. The contract
provided for the construction of four (4) street ends from Seashore Drive to the beach
consisting of new curb & gutter, roadway, sidewalk, planters, irrigation system,
landscaping and other incidental work. The contract has now been completed to the
satisfaction of the Public Works Department. A summary of the contract cost is as
follows:
Original bid amount: $80,766.00
Actual amount of bid items constructed: 78,949.20
Total amount of change orders: 6,530.22
Final contract cost: $85,479.42
The decrease in the amount of actual bid items constructed over the original bid
amount resulted from the deletion of four backflow preventers and the substitution of
atmospheric breakers thereof. The final overall construction cost including change
orders was 5.8% over the original bid amount.
The following two (2) change orders were issued to complete the project:
A change order in the amount of $3,389.56 provided for grading and spreading an
• approximately 4' high El Nino wind blown sand dune within the construction site.
A change order in the amount of $3,140.66 provided for additional landscaping and
other incidentals.
SUBJECT: COMPLETION AND ACCEPTANCE OF OCEANFRONT STREET ENDS `
IMPROVEMENTS FROM 56TH STREET TO 59TH STREET, CONTRACT NO. 3151
July 13, 1998
Page 2
Funds for the project in the amount of $ 88,842.60 were budgeted in the General Fund
Account N& 7013- C5100014 (Ocean Front Street End Improvement Program).
All work was completed by June 2, 1998, well ahead of the scheduled completion date
of June 29, 1998.
Respectfully submitted,
PUBLIC WORKS DEPARTMENT
Don Webb, Director
By 4! "azlv
Horst Hlawaty
Construction Engineer
Attachment: Location Map •
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
OCEAN FRONT STREET END IMPROVEMENTS
FROM 56TH ST TO 59TH St.
C -3151
DRAWN DATE
APPROVED //
STEPHEN LUY
PROJECTENCINEER
DPAWINO 140. RXT-TTRTT "A"
CITY OF NEWPORT BEACH
City Clerk's Office
PAGE 1
E
i
NOTICE INVITING BIDS
Sealed bids may be received at the office of the City Clerk,
3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915
until 11 a.m. on the 29' day of January ,
at which time such bids shall be opened and read for
Title of Project
Contract No. 3151
$99.500.00
Engineer's Estimate
Approved
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 Steve Luv, Project Manager at (714) 644-
3330.
PAGE 2
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
OCEAN FRONT STREET END IMPROVEMENTS
FROM 56 TO 59 STREET
CONTRACT NO. 3151
INSTRUCTIONS TO BIDDERS
The following documents shall be completed, executed and received by the City Clerk in
accordance with NOTICE INVITING BIDS:
PROPOSAL
INSTRUCTIONS TO BIDDERS
DESIGNATION OF SUBCONTRACTORS
BIDDER'S BOND
NON - COLLUSION AFFIDAVIT
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
2. Cash, certified check or cashier's check (sum not less than 10% of the total bid price) maybe
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.
3. The City of Newport Beach will not permit a substitute format for the Contract Documents
listed above. Bidders are advised to review their content with bonding and legal agents prior
to submission of bid.
4. 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.
5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to
allow the comparison of total bid prices.
6. 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.
7. 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.
PAGE 3
8. In accordance with the California Labor Code (Sections 1770 at 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).
9. 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".
10. 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.
The signature below represents that the above has been reviewed.
411457 A & B
Contractor's License No. & Classification
1 -29-98
Date
JAN - ,8-1998 09:�c E.A. NENDO =N t= CNTFACTiNG ?.1?:'99079 P.02 02
PAGE a
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
OCEAN FRONT STREET END IMPROVEMENTS
FROM 56 TO 59 STREET
CONTRACT NO. 3151
BIDDER'S BOND
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be jointly and severally held and firmly bound to the City of
Newport Beach, a charter city, in the principal sum of TEN PERCENT OF BID - - - -- dollars
(S 10% OF BI I), to be paid and forfeited to the City of Newport Beach if the bid proposal of the
undersigned Principal for the constructicn of
OCEAN FRONT STREET END IMPROVEMENTS, $3151 (title of project and contract no.) in
the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and
the proposed contract is awarded to the Principal, and the Principal fails to duly enter into and
execute the Contract Documents for the construction of the project in the form required within
ten days (10) (not including Saturday, Sunday, and federal holidays) after the date of the
mailing of Notice of Award; otherwise this obligation shall become null and void.
If the undersigned Principal executing this Bond is executing this Bond as an individual,
it is agreed that the death of any such Principal shall not exonerate the Surety frcm its
obligations under this Bond. A
Witness our hands this 28TH day of
E. A. MENDOZA, INC.
Name of Contractor (Principal)
FIDELITY AND DEPOSIT COMPANY OF
Name of Surety
225 S. LAKE AVE., #700
PASADENA, CA 91101
Address of Surety
(626)792 -2311
Telephone
Signature
JAMES K. BALDASSARE,�JR., ATTORNEY -IN -FACT
Print Name and Title
(Notary acknowledgment of Principal & Surety must be attached)
TOTAL P.02
r1
STATE OF' CALIFORNIA
SS.
COUNTY OF ORANGE
r _I
On JANUARY 28, 1998 ,before me, M. TREDINNICK, NOTARY PUBLIC
PERSONALLY APPEARED JAMES K. BALDASSARE, JR.
personallv known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s)
is /are subscribed to the within instrument and acknowl-
edged to me that he /she /they executed the same in his/
her /their authorized capacity(ies), and that by his /her/
their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
�i
Signature
OPTIONAL
This arm for Official Notarial Seal
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TrrLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
N E OF PERSON(S) OR ENMYOESI
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
ID-Mi Pev.6 /94 ALL- PURPOSE ACKNOWLEDGEMENT
0 •
Power of Attomey
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE: P.O. LOX 122?, BALTIMORE, MD 212034227
Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of
Maryland, by W. B. WALBRECHER, Vice - President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section
2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date
hereof, does hereby nominate, constitute and appoint James IC Baldassare, Jr., of Aliso Viejo, California, its true and lawful agent and
Attomey -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and
undertakings and the execution of such bonds or undertakings in pu once of these p nts, shall be as binding upon said Company, as fully and
amply, to all intents and purposes, as if they had been duly executed aowledged gularly elected officers of the Company at its office in
Baltimore, Md., in their own proper persons. QQ�
The said Assistant Secretary does hereby certify that the ex tr North on th side hereof is a true copy of Article VI, Section 2, of the
By -Laws of said Company, and is now in force. o
IN WITNESS WHEREOF, the said Vice- President and Secretary reunto subscribed their names and affixed the Corporate Seal of
the said FIDELITY AND DEPOSIT COMPANY OF MAR this 25kJ August, A.D. 1997.
ATTEST: FIDELITY AN.g DEPOSIT)%MPANY OF MARYLAND
SEAL .i, By: l.�Qe dke '
T. E. Smithl Assist ne(ary W. B. Walbrecher Vice- President
StateofMaryland } ss:
County ofBalurrion,
n
On this 25th day of August, A.D. 1997, before criber, a Notary Public of the State of Maryland, duly commissioned and qualified, came W.
B. WALBRECHER, Vice - President and T. #ETR,) Assistant S ecretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me
personally known to be the individuals andescribed in and who executed the preceding instrument, and they each acknowledged the
execution of the same, and being by me dul everally and each for himself deposeth and saith, that they are the said officers of the Company
aforesaid, and that the seal affixed to tha�� instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their
signatures as such officers were duly affixed�ae(d subscribed to the said instrument by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
#�hmfi'g Car !J Fad;:—- Notary Public
My Co Imissig Expires: August 1, 2000
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power
of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that
the Vim-President who executed the said Power of Attomey was one of the additional Vice-Presidents specially authorized by the Board of Directors
to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of
the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990.
RESOLVED. "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any
Vice - president, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of
any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually
affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my time and affixed the corporate seal of the said Company. this
28 TH day
L1428- 012 - 0626 -A
JANUARY 1998
Assistant Secretary
0
EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice -
Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power,
by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant
Vice - Presidents and Attomeys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute
on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases
and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,. . . and to affix the seal of the Company
thereto."
JURAT WITH AFFIANT STATEMENT
State of
ss.
County of
CJ See Attached Document (Notary to cross out lines 1 -8 below)
C1 See Statement Below (Lines 1 -7 to be completed only by document signer[s], not the Notary)
. ...............................
Signature of Docameal Signer No. 2 (it any)
Subscribed and sworn to (or affirmed) before
me this 2? day of S� h
,x Date Month
1l(�` by
Year
(,) E► -nerd- A"04)
Name of Slgnar(s)
(2)
Name o Igner(s)
Place Notary Seal Above fJ�„ • ry- PrAfll
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
reattachment of this form to another document. Top of thumb here Top of thumb here
Further Description of Any Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
0 1997 National Notary Association • 9350 De Soto Ave., P.O. sox 2402 • Chatswonn, CA 91313 -2402 Prod. No. 5924 Reorder- Call Toll -Free 1 -8011- 8768827
PAGE
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
OCEAN FRONT STREET END IMPROVEMENTS
FROM 56 TO 59 STREET
CONTRACT NO. 3151
DESIGNATION OF SUBCONTRACTOR(S)
State law requires the listing of all subcontractors who will perform work in an amount in
excess of one -half of one percent of the Contractors total bid. If a subcontractor is not listed, the
Contractor represents that he/she is fully qualified to and will be responsible for performing that
portion of the work. Substitution of subcontractors shall be made only in accordance with State
law and/or the Standard Specifications for Public Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted
for any monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the following
subcontractors have been used in formulating the bid for the project and that these subcontractors
will be used subject to the approval of the Engineer and in accordance with State law. No
changes may be made in these subcontractors except with prior approval of the City of Newport
Beach.
Subcontract Work Subcontractor Address
1.
2.
3.
4.
5.
6.
7.
8.
Y
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
OCEAN FRONT STREET END IMPROVEMENTS
FROM 56"TO59 STREET
CONTRACT NO. 3151
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
PAGE 6
The undersigned submits herewith a statement of the work of similar character to that
proposed herein which he/she has performed and successfully completed.
Year Project Person Telephone
Completed Name/Agencv To Contact Number
E.A. Mendoza Inc.
Bidder
Vice - President
0 0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
OCEAN FRONT STREET END IMPROVEMENTS
FROM 56TH TO 59TH STREET
CONTRACT NO. 3151
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. 3151 in accord with the Plans and Special Provisions, and will take in full
payment therefore the following unit prices for the work, complete in place, to wit:
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
NO. AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
1. Lump Sum Clearing and Grubbing
@ Y-'/ .-/-Ilars
and 6D
Cents $'310D�_
per Lump Sum
2. Lump Sum Mobilization
Dollars
and
Cents $
per Lump Sum
P -1
ITEM
QUANTITY
ITEM DESCRIPTION AND UNIT
UNIT TOTAL
NO.
AND UNIT
PRICE WRITTEN IN WORDS
PRICE PRICE
3. Lump
Sum
Traffic Control
/ f
Dollars
and
O_O
Cents
$�b
per Lump Sum
4.
750 L.F.
Const ype "B" P.C.C. Curb
Dollars
and
Cents
00
6
per Linear Foot
5.
175 S.F.
Construct P.C.C. Driveway Approach
@ Dollars
and
�
60
Cents
Sy—
$__
per Square Foot
6.
190 S.F.
Construct P.C.C. Driveway
Approach with Thickened Edge
@ Dollars
and
Cents $ $
per Square Foot
7. 3,450 S.F. Construct P.C.C. Sidewalk
@ C //KP Dollars
and
Cents
per Square Foot
8. 210 S.F. Construct P.C.C. Landing with
Thickened Edge
Dollars
and
w Cents
per Square Foot
P -2
$ / s
i9
� II
0 0
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
NO. AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
9. 500 S.F. Construct Alley Approach
Dollars
and $O _Od
Cents $ $ t7�
per Square Foot
10. 6,720 S.F. Construct 6 inch Thick Roadway
Dollars
and 6v
Cents
per Square Foot
11. 4 Each Ins I 1 -inch Water Service
gft4w / Tars
and CXJ aG
Cents $820— $,
Per Each
12. 4 Each Install P.C.C. Meter Box With
Traffic Cover
Dollars
and 00 OCR
Cents $o $
Per Each
13. 4 Each Install 3/4 -inch Backflow
Preventer with Enclosure
and Certification
4�/Dollars
and / /,n d0 4-10 Cents $/ W
Per Each
P -3
0
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
NO. AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
14. Lump Sum Install Irrigation system
r
144A/Dollars
and � 0
Cents $1540— !
Per Lump Sum
15 200 L.F. Install 1" Seh -40 Electric Conduit
for Telephone Wires and Valve
Wiring
Dollars
and 1p ,L 06
Cents $ - — $ .2732
per Linear Foot
16. 5 Each Install New Galvanized Steel
Parking Meter P sts
Dollars
and 1v 049
Cents $$ ZSd�
Per Each
17. Lump Sum Install Landscaping
ollars
and Imo(%
Cents $ 7 ,L �n� � $
Per Lump Sum
18. 240 L.F. Cons uct Block \ allyP�la�nt/ersp�� nom',,
7w� D ears p0 /v�bv
and
Cents
per Linear Foot
P -4
ITEM QUANTITY
NO. AND UNIT
0
ITEM DESCRIPTION AND UNIT UNIT TOTAL
PRICE WRITTEN IN WORDS PRICE PRICE
19 875 L.F. Install 2 1/2" Sch -40 Electric Conduit
for S rinkler Irrigation Valve Wiring
,� Dollars
and
Cents
per Linear Foot
20 21,000 L.F. Install 14 Gauge Single Strand
Insulated Copper Electric Wiring.
Dollars
and
f Cents
per Linear Foot
21. 4 Each Install P.C.C. Meter Box With
P.C.C. Cover
Dollars
and
Cents
Per Each
Bidder's N
Mendoza Inc.
$_35 $3MZ 5o
$ d $ 2100 ao
W do
$ /50 $ 410 -
$ A2ss9 ca�jl
Total Bid Price in Figures
Bidder's Address 130 S. Chaparral Ct. Ste #205, Anaheim Hills Ca 92808
Bidder's Telephone
Contractor's License
1 -29 -98
Date
nt
i .
CONTRACT NO. 3151
State of California )
) ss.
County of orange )
PAGE 7-
Ernest Mendoza Jr. being first duly sworn, deposes and says that he or she is Vice- President
of E.A. Mendoza Inc. , the party making the foregoing bid; that the
bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation; that the bid is genuine and not collusive or sham; that
the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or
sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any
bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the
bidder has not in any manner, directly or indirectly, sought by agreement, communication, or
conference with anyone to fix the bid price of the bidder or any other bidder, or to 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 of the laws of the St of California th the for g is true
and correct.
E.A. Mendoza Inc. Vice- President
Bidder zed gna itl
Subscribed and sworn to before me this 2 ?day of
Afd L / J4
Notary Public
My Commission Expires: ' r
19ct
[SEAL]
i
JURAT WITH AFFIANT STATEMENT
State of
County of Q e } ss.
• See Attached Document (Notary to cross out lines 11 -8 below)
• See Statement Below (Lines 1 -7 to be completed only by document signer[s], not the Notary)
bignamre or uccumem signer NO, i
,
Place Notary Seal Above
Signature of Document Signer No. 2 (if any)
Subscribed and sworn to (or affirmed) before
me this 2a day of -30-4*\
Act L O/ ^ Date Mundt,
by
Year
(,)
=60) (L)
Name of S' Der(s)
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
reattachment of this form to another document.
Further Description of Any Attached Document
Title or Type of Document:
Document Date: Number of Pages
Signer(S) Other Than Named Above
RIGHTTHUMBPRINT RIGHTTHUMBPRINT
OF SIGNER #1 1 OF SIGNER #2
01997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • ChatswoM, CA 91313 -2402 Prod. No. 5924 Reorder: Call Toll -Free 1- 800 - 876-6827
PAGE 8
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
OCEAN FRONT STREET END IMPROVEMENTS
FROM 56 TO 59 STREET
CONTRACT NO. 3151
NOTICE TO SUCCESSFUL BIDDER
The following Contract Documents shall be executed and delivered to the Engineer within
ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of mailing
Notice of Award to the successful bidder:
• CONTRACT
• LABOR AND MATERIALS PAYMENT BOND
• FAITHFUL PERFORMANCE BOND
• CERTIFICATE(S) OF INSURANCE
• GENERAL LIABILITY INSURANCE ENDORSEMENT
• AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT
The City of Newport Beach will not permit a substitute format for these Contract
Documents. Bidders are advised to review their content with bonding, insuring and legal agents
prior to submission of bid.
The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by
an insurance organization or surety (1) currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, and (2) listed as an acceptable surety in
the latest revision of the Federal Register Circular 570.
Pursuant to Public Contract Code Section 22300, appropriate securities may be
substituted for any monies to be withheld to ensure performance under the Contract
Insurance companies affording coverage shall be (1) currently authorized by the Insurance
Commissioner to transact business of insurance in the State of California, and (2) assigned
Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance
with the latest edition of Best's Kev Rating Guide: Property - Casualty. Coverages shall be
provided as specified in the Standard Specifications for Public Works Construction, except as
modified by the Special Provisions. Certificates of Insurance and additional insured
endorsements shall be on the insurance company's forms, fully executed and delivered with the
Contract. The Notice to Proceed will not be issued until all contract documents have been
received and approved by the City.
PAGE 9
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
OCEAN FRONT STREET END IMPROVEMENTS
FROM 56 TO 59 STREET
CONTRACT NO. 3151
CONTRACT
THIS AGREEMENT, entered into this 9th day of February, 1998, by and between the CITY
OF NEWPORT BEACH, hereinafter "City," and E.A. MENDOZA, hereinafter "Contractor," is made
with reference to the following facts:
A. WHEREAS, City has advertised for bids for the following described public work:
OCEAN FRONT STREET END IMPROVEMENTS FROM 56TH STREET TO 59TH
STREET
Project Description
3151
Contract No.
B. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder
and Contractor's bid, and the compensation set forth in this Contract, is based upon
Contractor's careful examination of all Contract documents, plans and specifications.
NOW, THEREFORE, City and Contractor agree as follows:
CONTRACT DOCUMENTS The complete Contract for the Project includes all of
the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal,
Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and
Materials Payment Bond, Permits, General Conditions, Standard Plans and Standard
Special Provisions, Plans and Special Provisions for Contract No. 3151, Standard
Specifications for Public Works Construction (current edition) and all supplements and
this Agreement, and all modifications and amendments thereto (collectively the
"Contract Documents "). The Contract Documents comprise the sole agreement
between the parties as to the subject matter therein. Any representations or
agreements not specifically contained in the Contract Documents are null and void.
Any amendments must be made in writing, and signed by both parties in the manner
specified in the Contract Documents.
2. SCOPE OF WORK Contractor shall perform everything required to be performed,
and shall provide and furnish all the labor, materials, necessary tools, expendable
equipment and all utility and transportation services required for the Project:
All of the work to be performed and materials to be furnished shall be in strict
accordance with the provisions of the Contract Documents. Contractor is required to
perform all activities, at no extra cost to City which are reasonably inferable from the
Contract Documents as being necessary to produce the intended results.
0
Pi
PAGE 10
3. As full compensation for the performance and completion of the Project as required by
the Contract Documents, City shall pay to Contractor and Contractor accepts as full
payment the sum of eighty thousand seven hundred sixty six and no /100 Dollars
($80.766.00).
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.
4. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract,
before making its final request for payment under the Contract Documents, Contractor
shall submit to City, in writing, all claims for compensation under or arising out of this
Contract. Contractor's acceptance of the final payment shall constitute a waiver of all
claims for compensation under or arising out of this Contract except those previously
made in writing and identified by Contractor in writing as unsettled at the time of its
final request for payment.
5. WRITTEN NOTICE Any written notice required to be given under the Contract
Documents shall be performed by depositing the same in the U.S. Mail, postage
prepaid, directed to the address of Contractor and to City, addressed as follows:
CITY
City of Newport Beach
Public Works Department
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: Steve Luy
(714) 644 -3330
E.A. Mendoza Inc.
130 S. Chaparral Ct., Suite 205
Anaheim Hills, CA 92808
Attention: Ernest Mendoza
(714) 279 -9077
6. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract,
hereby certifies:
"I am aware of the provisions of Section 3700 of the Labor Code which
requires every employer to be insured against liability for Workers'
Compensation or undertake self- insurance in accordance with the provisions of
the Code, and I will comply with such provisions before commencing the
performance of the work of this Contract:'
PAGE 11
7. INSURANCE
(a) Insurance is to be placed with insurers with a Best's rating of no less than
AND and insurers must be a California Admitted Insurance Company.
(b) Contractor shall furnish City with certificates of insurance and with original
endorsements effecting coverage required by this Contract. The certificates and
endorsements for each insurance policy are to be signed by a person authorized
by that insurer to bind coverage on its behalf. All certificates and endorsements
are to be received and approved by City before work commences. City reserves
the right to require complete, certified copies of all required insurance policies, at
any time.
(c) Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damages to property which may arise
from or in connection with the performance of the work hereunder by Contractor,
his agents, representatives, employees or subcontractors. The cost of such
insurance shall be included in Contractor's bid.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage "occurrence"
form number CG 0001 (Edition 11/85) or Insurance Services Office form number
GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance
Services Office form number GL 0404 covering Broad Form Comprehensive
General Liability.
2. Insurance Services Office Business Auto Coverage form number CA 0001 0187
covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288
Changes in Business Auto and Truckers Coverage forms - Insured Contract.
3. Workers' Compensation insurance as required by the Labor Code of the State of
California and Employers Liability insurance.
B. Minimum Limits of Insurance
Coverage limits shall be no less than:
General Liability: $1,000,000.00 combined single limit per occurrence for bodily
injury, personal injury and property damage. If Commercial Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate
limit shall apply separately to this project/location or the general aggregate limit
shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000.00 combined single limit per accident for bodily
injury and property damage.
0
PAGE 12
3. Workers' Compensation and Employers Liability: Workers' compensation limits as
required by the Labor Code of the State of California and Employers Liability.
C. Deductibles and Self- Insured Retentions
Any deductibles or self- insured retentions must be declared to and approved by
City. At the option of City, either: the insurer shall reduce or eliminate such
deductibles or self- insured retentions as respects City, its officers, officials,
employees and volunteers; or Contractor shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and defense
expenses.
D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability and Automobile Liability Coverages
(a) City, its officers, officials, employees and volunteers are to be covered as
additional insureds as respects: liability arising out of activities performed by
or on behalf of Contractor, including the insured's general supervision of
Contractor:. products and completed operations of Contractor; premises
owned, occupied or used by Contractor; or automobiles owned, leased, hired
or borrowed by Contractor. The coverage shall contain no special limitations
on the scope of protection afforded to City, its officers, officials, employees or
volunteers.
(b) Contractor's insurance coverage shall be primary insurance and/or primary
source of recovery as respects City, its officers, officials, employees and
volunteers. Any insurance or self- insurance maintained by City, its officers,
officials, employees and volunteers shall be excess of the Contractor's
insurance and shall not contribute with it.
(c) Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to City, its officers, officials, employees and volunteers.
(d) Contractor's insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
(e) The insurance afforded by the policy for contractual liability shall include
liability assumed by contractor under the indemnification /hold harmless
provision contained in this Contract.
2. Workers' Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against City, its officers,
officials, employees and volunteers for losses arising from work performed by
Contractor for City.
PAGE 13
3. All Coverages
Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled, rescinded by either party,
reduced in coverage or in limits except after thirty (30) days' prior written notice by
certified mail, return receipt requested, has been given to City.
E. Acts of God
Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for
the repairing and restoring damage to Work, when damage is determined to have
been proximately caused by an Act of God, in excess of 5 percent of the Contract
amount provided that the Work damaged is built in accordance with the plans and
specifications.
F. Right to Stop Work for Non - Compliance
City shall have the right to offer the Contractor to stop Work under this Agreement
and/or withhold any payment(s) which become due to Contractor hereunder until
Contractor demonstrates compliance with the requirements of this article.
S. RESPONSIBILITY FOR DAMAGES OR INJURY
A. City and all officers, employees and representatives thereof shall not be responsible in
any manner: for any loss or damages that may happen to the Work or any part
thereof; for any loss or damage to any of the materials or other things used or
employed in performing the Work, for injury to or death of any person either workers or
the public; or for damage to property from any cause arising from the construction of
the work by Contractor, or its subcontractors, or its workers, or anyone employed by it.
B. Contractor shall be responsible for any liability imposed by law and for injuries to or
death of any person or damage to property resulting from defects, obstructions or from
any cause arising from Contractor's work on the Project, or the work of any
subcontractor or supplier selected by the Contractor.
C. Contractor shall indemnify, hold harmless, and defend City, its officers and employees
from and against (1) any and all loss, damages, liability, claims, allegations of liability,
suits, costs and expenses for damages of any nature whatsoever, including, but not
limited to, bodily injury, death, personal injury, property damages, or any other claims
arising from any and all acts or omissions of Contractor, its employees, agents or
subcontractors in the performance of services or work conducted or performed
pursuant to this Contract; (2) use of improper materials in construction of the Work; or,
(3) any and all claims asserted by Contractor's subcontractors or suppliers on the
project, and shall include reasonable attorneys' fees and all other costs incurred in
defending any such claim. Contractor shall not be required to indemnify or defend City
from the sole negligence or willful misconduct of City, its officers or employees.
PAGE 14
D. To the extent authorized by law, as much of the money due Contractor under and by
virtue of the Contract as shall be considered necessary by City may be retained by it
until disposition has been made of such suits or claims for damages as aforesaid.
E. Nothing in this article, nor any other portion of the Contract Documents shall be
construed as authorizing any award of attorneys' fees in any action to enforce the
terms of this Contract, except to the extent provided for in "C" above.
F. The rights and obligations set forth in this Article shall survive the termination of this
Contract.
9. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Contract and all other
Contract Documents by Contractor is a representation that Contractor has visited the
Project Site, has become familiar with the local conditions under which the work is to
be performed, and has correlated all relevant observations with the requirements of
the Contract Documents.
10. CONFLICT If there is a conflict between provisions of this Contract and any other
Contract Document, the provisions of this Contract shall prevail.
11. WAIVER A waiver by City or any term, covenant, or condition in the Contract
Documents shall not be deemed to be a waiver of any subsequent breach of the same
or any other term, covenant or condition.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day
and year first written above.
ATTEST: CITY OF P RT E H
A Munic at por
CITY CLERK Th . d Mayor
iP.t►
FEB -11 -1998 12:24 E.A. OErdDOZR — 0tJPCCTD4G 7142999079 P. 03:06
0 •
PAGE 15
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
OCEAN FRONT STREET END IMPROVEMENTS
FROM 56 TO 59 STREET
CONTRACT N0.3151 EXECUTED IN FOUR COUNTERPARTS
PREMIUM INCLUDED ON PERFORMANCE BOND
BOND NO. 08086063
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, has awarded to E.A. Mendoza, Inc. hereinafter designated as the 'Principal," a contract
for Ocean Front Street End Improvements from 6e to 5e Street (Contract No. 3151) in the City
of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract
Documents in the office of the Public Works Department 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. 3151 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 the undersigned Principal, and,
FIDELITY AND DEPOSIT COMPANY OF MARYLAND ,_duly authorized to transact
business under the laws of the State of California, as Surety, (referred to herein as "Surety") are
held firmly bound unto the City of Newport Beach, in the sum of
EIGHTY THOUSAND SEVEN HUNDRED SIXTY SIX- - - - - -- Dollars (80,766.00- - - - - -- ),
lawful money of the United States of America, said sum being equal to 1009/6 of the estimated
amount payable by the City of Newport Beach under the terms of the Contract; for which payment
well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors,
or assigns, jointly and severally. firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's
subcontractors, fail to pay for any materials, provisions, or other supplies, implements or
machinery used in, upon, for, or about the performance of the work contracted to be done, or for
any other 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, then the Surety will pay for the same, in an
amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce
the obligations of this Bond, a reasonable attorneys fee, to be fixed by the Court as required by
the provisions of Section 3250 of the Civil Code of the State of California.
FEB -11 -1998 12 :21 E.A. MENDOZA CONTPACTING -1 -42 -99049 P. 0.1106
PAGE 16
The Bond shall inure to the benefit of any and all persons, companies, and corporations
entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action
to them or their assigns in any suit brought upon this Bond, as required by and in accordance with
the provisions of Sections 3247 et seq. of the Civil Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no Change, extension of
time, alterations or additions to the terns of the Contract or to the work to be performed
thereunder or the specifications accompanying the same shall in any wise affect its obligations on
this Bond, and it does hereby waive notice of any such change, extension of time, alterations or
additions to the terms of the Contract or to the work or to the specifications.
In the event that any principal above named executed this Bond as an individual, it is
agreed that the death of any such principal shall not exonerate the Surety from its obligations
under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
Principal and Surety, on the 12TH day of FEBRUARY t9 98.
E. A. MENDOZA, INC.
Name of Contractor (PrincipaD
FIDELITY AND DEPOSIT COMPANY OF
Name of Surety
225 S. LAKE AVE., 11700
PASADENA, CA 91101
Address of Surety
(626)792 -2311
Telephone
fl-NA
BY:
MICHAEL A. QUIGLEY, ATTORNEY -IN -FACT
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
STATE OF CALIFORNIA
SS.
COUNTY OF ORANGE
On FEBRUARY 12, 1998 before me, M. TREDINNICK, NOTARY PUBLIC
PERSONALLY APPEARED 14ICHAEL A. QUIGLEY
personally known to me (or proved to me on the basis of
satisfactory evr ence to be the person(s) whose name(s)
is /are subscribed to the within instrument and acknowl-
edged to me that he /she /they executed the same in his/
her /their authorized capacity(ies), and that by his /her/
their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
Signature L 1 /Y) %
OPTIONAL
Y& _
nti
,
This armfor Official Notarial Seal
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
7ME(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR EN 09S)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
M-0e1 Pe .6/94 ALL- PURPOSE ACKNOWLEDGEMENT
• •
Power of Attomey
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 212031227
Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of
Maryland, by W. B. WALBRECHER, Vice - President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section
2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date
hereof, does hereby nominate, constitute and appoint Michael A. Quigley, of Aliso Viejo, California, its true and lawful agent and
Attomey -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and
undertakings and the execution of such bonds or undertakings in pursuance p�ltese presents, stlBp.pe as binding upon said Company, as fully and
amply, to all intents and purposes, as if they had been duly executed and ack� ed by the , �� °may', elected officers of the Company at its office in
Baltimore, Md., in their own proper persons. O
The said Assistant Secretary does hereby certify that the extract set the rev eM f is awe copy of Article VI, Section 2, of the
By -Laws of said Company, and is now in force.
IN WITNESS WHEREOF, the said Vice - President and Assis have L ubscribed their names and affixed the Corporate Seal of
the said FIDELITY AND DEPOSIT COMPANY OF MARYL 25th day gfAQ t, A.D. 1997.
ATTEST: FIDELITY
SD �,
T E. Smith
State of Maryland }ss:
County ofBaltbnore )
INY OF MARYLAND
By:
W. B. Walbrecher Vice - President
On this 25th day of August, A.D. 1997, before the suIZkcrr4r , a Notary Public of the State of Maryland, duly commissioned and qualified, came W
B. WALBRECHER, Vice- President and T. E. SMI . tant Secre tary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me
personally known to be the individuals and off ; in and who executed the preceding instrument, and they each acknowledged the
execution of the same, and being by me duly swop rally and each for himself deposeth and saith, that they are the said officers of the Company
aforesaid, and that the seal affixed to the precedift& [swment is the Corporate Seal of said Company, and that the said Corporate Seal and their
signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
+r�
Oq
Car lJ Fader Notary Public
My Co Imiss9r Expires: August 1, 2000
CERTIFICATE
1. the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power
of Attorney of which the foregoing is a full, we and correct copy, is in full force and effect on the date of this certificate; and I do further cenify that
the Vice- president who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors
to appoint any Attomey -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of
the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any
Vice- President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of
any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually
affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my time and affixed the corporate seal of the said Company, this
12TH day
L1428 -012 -0626
FEBRUARY 1998
/C/
Assistant Secretary
•
EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice -
Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power,
by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice- Presidents, Assistant
Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute
on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases
and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, ... and to affix the seal of the Company
thereto."
1 � � •
JURAT WITH AFFIANT STATEMENT
State of v \
ss.
County of
• See Attached Document (Notary to cross out lines 1 -8 below)
• See Statement Below (Lines 1 -7 to be completed only by document signer[s], not the Notary)
Signature of Document Signer No. 1
y Y
Place Notary Seal Above
Signature of Document Signer No. 2 (it any)
Subscribed and sworn to (or affirmed) before
me this l I day of
Date Month
veer by
l� 'Ok �r
e of Signens)
(2)
Name of ner(s)
Si /f t�l c
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
reattachment of this form to another document. Top of thumb here Top of thumb here
Further Description of Any Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
0 1997 National Notary Association • 9350 De Soto Ave., P.D. Box 2402 • Chatsworth. CA 913132402 Proe. No. 5924 Peon1m, Call Toll-Free 1.800.87 6-8827
FEH -11 -1998 12:25 E.A. P?Er+DO_A CNTPt� -TING 7132 799079 P.05,106
EXEOED IN FOUR COUNTERPARTS
PAGE 17
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
OCEAN FRONT STREET END IMPROVEMENTS
FROM 56 TO 58 STREET
CONTRACT NO. 3151
BOND NO. 08086063
FAITHFUL PERFORMANCE BOND
(The premium charges on this Bond is $ $808.00------- - - - - -- being at the
rate of $ $ 10.00 ------- - -- -- thousand of the Contract price.
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, awarded to E.A. Mendoza, Inc. hereinafter designated as the 'Principal; a contract for
Ocean Front Street End Improvements from 56°i to 59"f Street (Contract No. 3151) in the City of
Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract
Documents maintained in the Public Works Department 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. 3151 and the
terms thereof require the fumishing of a Bond for the faithful performance of the Contract;
NOW, THEREFORE, we, the Principal, and FIDELITY AND DEPOSIT COMPANY OF
duly authorized to transact business under the laws of the State
of California as Sure t hereinafter "Surety" are held and firmly bound unto the City of Newport
Beach, in the sum of
SIXTY SIX No/ OON HUNDRED�IIars ($80, 766.00 1 lawful money
of the United States of America, said sum being equal to 100% of the estimated amount of the
Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment
well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors,
or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBUGATION IS SUCH, that if the Principal, or the Principal's
heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep
and perform any or all the work, covenants, conditions, and agreements in the Contract
Documents 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, or fails to indemnity, defend, and save harmless the City of Newport Beach,
its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the
same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall
become null and void.
As a part of the obligation secured hereby, and in addition to the face amount specified in
this Performance Bond, there shall be included costs and reasonable expenses and fees,
including reasonable attorneys fees, incurred by the City, only in the event the City is required to
bring an action in law or equity against Surety to enforce the obligations of this Bond.
MARYLAND
FEB -L1 -1998 12:25 E.A. MENDOZ:A CONTPFCTING 71 -12799079 P. 06.'06
PACE 18
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 way affect its obligations on this Bond,
and it does hereby waive notice of any such change, extension of time, alterations or additions of
the Contract or to the work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal in full
force and effect for six (6) months following the date of formal acceptance of the Project by the
City.
In the event that the Principal executed this bond as an individual, it is agreed that the
death of any such Principal shall not exonerate the Surety from its obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named, on the 12TH day of FEB
E. A. MENDOZA, INC.
Name of Contractor (Principal)
FIDELITY AND DEPOSIT COMPANY OF MARYLA
Name of Surety
225 S. LAKE AVE., 11700
PASADENA, CA 91101
Address of Surety
(626)792 -2311
Telephone
MICHAEL A. QUIGLEY, ATTORNEY -IN -FACT
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
TOTAL P.06
STATE OF CALIFORNIA
COUNTY OF ORANGE
On FEBRUARY 12, 1998 before me, _
PERSONALLY APPEARED
personally known to me (or proved to me on the basis of
satisfactory eve ence to be the person(s) whose name(s)
is /are subscribed to the within instrument and acknowl-
edged to me that he /she /they executed the same in his/
her /their authorized capacity(ies), and that by his /her/
their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
Signature /V'
I SS
M. TREDINNICK, NOTARY PUBLIC
MICHAEL A. QUIGLEY
OPTIONAL
This area fm Official Notarial Seal
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
MUM
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
ATTORNEY -IN -FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
f ME OF PERSON(S) OR ENiiT'(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
1D-081 Rm °/" ALL - PURPOSE ACKNOWLEDGEMENT
Power of Attomey
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE: P.O. BOX 1227, BALTIMORE. MD 212031227
Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of
Maryland, by W. B. WALBRECHER, Vice - President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section
2, of the By -laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date
hereof, does hereby nominate, constitute and appoint Michael A. Quigley, of Aliso Viejo, California, its true and lawful agent and
Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and
''a''s'' its act and deed: any and all bonds and
undertakings and the execution of such bonds or undertakings in pursuance se presents, pe as binding upon said Company, as fully and
amply, to all intents and purposes, as if they had been duly executed and ack4 ed by Ne`,, b,, ,, elected officers of the Company at its office in
Baltimore, Md., in their own proper persons, k`, e
The said Assistant Secretary does hereby certify that the extract set the rev "me f is a true copy of Article VI, Section 2, of the
By -Laws of said Company, and is now in force. °
IN WITNESS WHEREOF, the said Vice - President and Assis haveel subscribed their names and affixed the Corporate Seal of
the said FIDELITY AND DEPOSIT COMPANY OF MARYLANMIZ* 5th day 9'1'401, A.D. 1997.
ATTEST: FIDELITY AND�T"SIT CO ANY OF MARYLAND
SEAL •r, By: (to&R.tdrsefte�
T. E. Smirk Se W. B. Walbrecher Pice- President
State of Maryland ss: �� ^ �v
County ofBalthnme �c,,�
On this 25th day of August, A.D. 1997, before the su cri* a Notary Public of the State of Maryland, duly commissioned and qualified, came W.
B. WALBRECHER, Vice - President and T. E. SMI rant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me
personally known m be the individuals and offs ribed in and who executed the preceding instrumenL and they each acknowledged the
execution of the same, and being by me duly sworn� rally and each for himself deposeth and saith, that they are the said officers of the Company
aforesaid, and that the seal affixed to the precedidg`a strument is the Corporate Seal of said Company, and that the said Corporate Seal and their
signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation.
IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official Seal the day and year first above written.
POY
�amrF� Car !!. Foder � /votary Public
My Co missiryt Expires: August 1, 2000
CERTIFICATE
1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power
of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that
the Vice-President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors
to appoint any Attomey -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of
the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any
Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of
any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually
affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this
12TH day of FEBRUARY 1998.
Assistant Secretary
L142MI2 -0626
0 0
EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice- President, or any of the Senior Vice -
Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power,
by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant
Vice - Presidents and Attomeys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute
on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases
and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, ... and to affix the seal of the Company
thereto."
JURAT WITH AFFIANT STATEMENT
State of
countyof ora►� °L I ss.
•
❑ See Attached Document (Notary to cross out lines 1 -8 below)
See Statement Below (Lines 1 -7 to be completed only by document signer[s], not the Notary)
Subscribed and sworn to (or affirmed) before
me this 11 ` day of bf I
�^ �t Date Monts
r e-t` yl
vear by
` Name of Signers)
(2)
N too Slgner(s)
Place Notary Seal Above ublic
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
reattachment of this form to another document.
Further Description of Any Attached Document
Title or Type of
Document Date:
Signer(s) Other Than Named Above:
Number of Pages:
RIGHTTHUMBPRINT RIGHTTHUMBPRINT
OF SIGNER #1 OF SIGNER d2
®1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth. CA 913134402 Prod. No. 5924 Reoraor. Cali Toll -Roo 1 -80D. 878.8827
ACORQn CERTIFICA'�F�1AB1L(T� �1UING� oa %oz %i 9�s
' RE.. E.A. Mendoza, I*, DBA: E.A. Mendoza ContrWing
Policy N Z10607201
CONTRACTOR'S — SPECIAL COVERAGE ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1.) AMENDMENT- GENERAL AGGREGATE LWUS OF INSURANCE TO APPLY PER PROJECT
The General Aggregate Limit under LIMITS OF INSURANCE (SECTION III) applies
separately to each of your projects away from premises owned by or rented to you.
2.) BLANKET ADDITIONAL INSUREDS-REQUIRED BY CONTRACTOR ISSUANCE OF A PERMIT
(A) WHO IS AN INSURED ( Section 11) is amended to include as an insured any person,
organizatioa, trustee, estate or governmental entity to whom or to which you are
obligated, by virtue of a written contract or agreement or by virtue of the issuance or
existence of a permit, to provide insurance such as is afforded by this policy, but only
with respect to liability arising out of.
I. `Your work" for the additional insured(s) or for which a governmental
entity has issued a permit, or
2. Acts or omissions of the additional insured(s) in connection with their
general supervision of 'your work" at the location shown in the
Schedule;
then only for the limits of liability specified in such contract or agreement, but in no
event for limits of liability in excess of the applicable limits of liability of this policy,
provided that
such person, organization, trustee, estate or governmental entity shall be
an insured only with respect to occurrences taking place after such
written contract or agreement has been executed or such permit has been
issued, and
2. a) the name of such person, organization, trustee, estate or
governmental entity has been furnished to the company as of
the effective date of the policy, or
b) (i) such contract or agreement takes effect or such
permit is issued during the policy period, and
Page 1 of 4
Copyright, First Swc Mn gcmcit Group, Inc., 1995
(Includes copyrighted malcrial of fns ma Services Office
w;th its pami:sioa Copyright, Insurance Service Ofrcc, 1985) / /
(ii) the named insured notifies us, within 180 days
after the effective date of the contract or
agreement or the issuance date of the permit, of
the date as of which such person organization,
trustee, estate or governmental entity shall be
included as an insured.
(B) With respect to any such person, organization, trustee, estate or governmental entity
included as an insured by virtue of this provision, the first named insured is authorized to
act on behalf of such an insured.with respect to all matters relating to this policy. Such
matters include the giving and receiving of notice of cancellation or non - renewal, and the
making of changes in the policy terms with the company's consent ; provided, however,
this shall not relieve an insured of the duties set forth in Condition 2. (Duties in the
Event of Occurrence, Claim or Suit) of the policy. For the purpose of this provision,
"First Named Insured" means the person or organization first named in the Declarations
of the policy.
(C) With respect to the insurance afforded these additional insureds, the following additional
provisions apply:
I Under Coverage A, exclusions (a), (d), (e), (f), (h2), (i) and (m), apply to
this insurance and any other exclusions added by endorsement to the
policy which amend the previous exclusions or are added in addition.
2. Additional Exclusions. This insurance does not apply to:
(a) "Bodily injury" or "property damage" for which the
additional insurcd(s) are obligated to pay damages by reason
of the assumption of liability in a contract or agreement. This
exclusion does not apply to liability for damages that the
additional insured(s) would have in the absence of the
contract or agreement.
(b) `Bodily injury" or "property damage" occurring after:
(i) All work on the project (other than service,
maintenance, or repairs) to be performed by or on
behalf of the additional nrsured(s) at the site of the
covered operations has been completed; or
(ii) That portion of "your work" out of which the injury
or damage arises has been put to its intended use by
any person or organization other than another
contractor or subcontractor engaged in performing
operations for a principal as part of the same
project.
Page 2 of 4
Copyright, First State Manngcmmt Group, Inc., 1995
(Includes copyrighted materiel of lns ranee Services Office
with il9 permission. Copyright, 1P UTcnee Smices Ofr'ce, 1985)
-1-3e M.Jax
(c) 'Bodily injury" or `property damage " arising out of any act
or omission of the additional iusured(s) or any of their
employ=, other than the general supervision of work
performed for the additional insured(s) by you.
(d) "Property damage" to:
(i) Property owned, used or occupied by or rented to
the additional insumd(s);
(ii) , Property in the care, custody, or control of the
additional insureds) or over which the additional
insured(s) are for any purpose exercising physical
control; or
(iii) "Your work" for the additional insureds)
(e) 'bodily injury" or 'property damage" arising out of the
sole negligence of a lessor of leased equipment or to any
'occurrence " which takes place after the expiration of an
equipment lease.
(D) Coverage provided by this endorsement to the Additional Insured(s) shall be primary
insurance. Any other insurance maintained by the Additional Insured(s) shall be excess
and non - contributory.
3.) DUTMS IN THE EVENT OF OCCURRENCE
(A) The requirement in Condition 2.a. (Section D) that you must see to it that we are
notified of an "occurrence" applies only when the "occurrence" is known to:
(1) You, if you are an individual:
(2) A partner, if you are a partnership; or
(3) An executive officer or insurance manager, if you am a corporation.
(B) The requirement in Condition 2.b. that you must see to it that we receive notice of a
claim or'%uit "will not be considered breached unless the breach occurs after such claim
or "suit" is ]mown to:
(1) You, if you are an individual:
(2) A partner, if you are a partnership; or
(3) An executive officer or insurance manager, if you are a corporation.
Page 3 of 4
Copyright, First State Managcmmt Group, Inc., 1995
(Includes copyrighted nmtcrial of Insurance Services Oficc
with its permission. Copyright, insoranao ScTyicce Office, 1985)
4.) ACTIONS IN REM
WHO IS AN INSURED (Section 11) is amended to include:
5. Any vessel owned, operated by or for you or chartered by or for you with respect to an
action in rem shall be treated in the same manner as though the action were in
persooam against you.
5.) PROPERTY DAMAGE -BORROVIED EQUIPMENT
(A) Exclusion j. of COVERAGE A (Section I) is amended as follows:
Paragraph (4) of this exclusion does not apply to 'property damage" to borrowed
equipment while not being used to perform operations at the job site.
(B) This insurance is excess over any other valid and collectible property insurance
(including any deductible portion thereof) available to the insured whether primary,
excess, contingent or any other basis.
(C) Only with respect to this additional coverage, the Each Occurrence Limit shown in the
Declarations is amended to read $75,000. (Section III - Limits)
Page 4 of 4
Copyright, Fiat State Nf n gernnt Group. Lie., 1995
G -209 (12195) (Includes copyrighted ma(crial of Insurance Services OQicc
with pctmissior- Copyright, Insurance Services onicc, 1985)
0
ice
PJ
F® 8
U
Mayor and Members of the City Council
FROM: Public Works Department
February 9, 1998
COUNCIL AGENDA
ITEM NO. 10
SUBJECT: OCEAN FRONT STREET ENDS IMPROVEMENTS FROM 56T" TO 59TH
STREET - AWARD OF CONTRACT NO. 3151
RECOMMENDATIONS:
1. Approve the plans and specifications.
2. Award Contract No. 3151 to E. A. Mendoza Contracting for the total price of
$80,766.00 and authorize the Mayor and the City Clerk to execute the Contract.
3. Establish an amount of $8,000.00 to cover the costs of testing, materials and
additional work.
DISCUSSION:
At 11:00 A.M. on January 29, 1998, the City Clerk opened and read the following bids
for this project:
The low bidder is 19% less than the Engineer's estimate of $99,500.00.
• E.A. Mendoza Contracting of Anaheim Hills California, the low bidder, has performed
previous contract work for the City. A check with their references and the State
Bidder
Amount
Low
E.A. Mendoza Contracting
$80,766.00'
2
GMC Engineering, Inc.
$93,114.56'
3
R.B. Development
$96,431.25
4
Los Angeles Engineering, Inc.
$98,345.00
5
Damon Const. Co.
$101,461.25'
6
J.D.C., Inc.
$103,199.00'
7
Wakeham- Baker, Inc.
$109,109.00
8
West Coast Construction
$110,357.50'
9
Gillespie Const. Inc.
$111,460.00
10
RYCO Construction, Inc.
$114,385.00
11
Hill Crest Contractng, Inc.
$117,064.00
12
Nobest, Inc.
$118,666.00'
13
EXCEL Paving Co.
$136,959.50
'Corrected bid amounts
The low bidder is 19% less than the Engineer's estimate of $99,500.00.
• E.A. Mendoza Contracting of Anaheim Hills California, the low bidder, has performed
previous contract work for the City. A check with their references and the State
SUBJECT: OCEAN FRI STREET ENDS IMPROVEMENTS FROM 41 TO 59TH STREET -AWARD OF
CONTRACT-4. 3151
February 9, 1998
Page 2
Contractor's License Board indicates that E.A. Mendoza Contracting 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 Oceanfront Encroachment Program was adopted by the City and approved by the
California Coastal Commission six years ago. The F.Y. 1997 -98 Ocean Front Street
End Improvement Program provides for the construction of four street end
improvements between 56th and 591h Street. The improvements include the
construction and replacement of 6,720 square feet of roadway, 3,450 square feet of
sidewalk and 750 lineal feet of curb. The locations are shown on Exhibit "A ".
Staff has obtained a Coastal Commission Permit for the construction of the current
project. Coastal Commission approval of the permit for this project, and any future
ocean front street end improvements, requires the City to construct a minimum of three
street end improvements per year, until all unimproved ocean front street ends in West
Newport are improved between Summit Street and 36th Street.
Last year five street end improvements were constructed between 51St and 55th streets.
These improvements plus the improvements proposed in this year's program bring the
total of complete improvements to twenty -seven street ends. At the completion of this
project 13 street ends will remain to be constructed.
Funding for this project is generated through annual oceanfront encroachment permit
fees. Sufficient funds for the project are available in the Ocean Front Street End
Improvements, Account No. 7013- C5100014.
Respectfully submitted,
c
PUBLIC WORKS DEPARTMENT
Don ebb, Director
�Y 4 f cn,
rW`Stephen Luy
Associate Engineer
Attachment: Location Map
Bid Summary
F: \GROUPS \PUB W ORKS \COUNCIL \9a \FEB -9 \C -3151. DOC
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PUBLIC WORKS DEPARTMENT
OCEAN FRONT STREET END IMPROVEMENTS
FROM 56TH ST TO 59TH St.
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DATE
APPROVED
C -3151
STEPHEN LUY
PROJECT ENGINEER
DRAWING NO. EXHIBIT "A"
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CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
GMC Engineering Inc.
586 East Lambert Road
Brea, California 92821
Gentlemen:'
(714) 644 -3005
February 13, 1998
Thank you for your courtesy in submitting a bid for the Ocean Front Street End
Improvements from 56th to 591h Street (Contract No. 3151) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. 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 similiar nature.
Enclosure
Sincerely, a
4Vpulk M
LaVonne M. Harkless, CMC /AAE
City Clerk
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
R.B. Development
19511 High Ridge Way
Trabuco, California 92679
Gentlemen.
(714) 644 -3005
February 13, 1998
Thank you for your courtesy in submitting a bid for the Ocean Front Street End
Improvements from 5601 to 59th Street (Contract No. 3151) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. 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 similiar nature.
Enclosure
Sincerely,
Ms-�w '
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
• i
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Los Angeles Engineering
4134 Temple City Boulevard
Rosemead, California 91770
Gentlemen:
(714) 6443005
February 13, 1998
Thank you for your courtesy in submitting a bid for the Ocean Front Street End
Improvements from 5611, to 5911, Street (Contract No. 3151) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. 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 similiar nature.
Enclosure
Sincerely,
0"n" k, A- M 6V/,
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
0
E
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Damon Construction Company
455 Carson Plaza Drive, Unit F
Carson, California 90746
Gentlemen:`
(714) 6443005
February 13,1998
Thank you for your courtesy in submitting a bid for the Ocean Front Street End
Improvements from 561h to 5911, Street (Contract No. 3151) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. 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 similiar nature.
Enclosure
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 6443005
February 13,1998
JDC, Incorporated
Post Office Box 3448
Rancho Cucamonga, California 91729 -3448
Gentlemen
Thank you for your courtesy in submitting a bid for the Ocean Front Street End
Improvements from 56th to 59th Street (Contract No. 3151) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. 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 similiar nature.
Enclosure
Sincerely,
�t. ftw' V"v *J*
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
West Coast Construction
3030 Oak Avenue
Corona, California 91720
Gentlemen
(714) 644 -3005
February 13, 1998
Thank you for your courtesy in submitting a bid for the Ocean Front Street End
Improvements from 56th to 59th Street (Contract No. 3151) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. 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 similiar nature.
Enclosure
Sincerely,
C�vUKYWA. &�*fkr6
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Wakeham - Baker, Incorporated
3152 East La Palma Avenue, Suite I
Anaheim, California 92806
Gentlemen:
(714) 6443005
February 13, 1998
Thank you for your courtesy in submitting a bid for the Ocean Front Street End
Improvements from 561i to 591' Street (Contract No. 3151) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. 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 similiar nature.
Enclosure
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
Ll
0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Gillespie Construction, Incorporated
245 Fischer Avenue, Suite B -3
Costa Mesa, California 92626
Gentlemen
(714) 6443005
February 13,1998
Thank you for your courtesy in submitting a bid for the Ocean Front Street End
Improvements from 560, to 591h Street (Contract No. 3151) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. 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 similiar nature.
Enclosure
Sincerely, )Ai
oova,V�A- Oq*
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Ryco Construction, Incorporated
Post Office Box 327
Gardena, California 90247
Gentlemen:`
(714) 6443005
February 13,1998
Thank you for your courtesy in submitting a bid for the Ocean Front Street End
Improvements from 561h to 591h Street (Contract No. 3151) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. 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 similiar nature.
Enclosure
Sincerely,
L�k kLW-- iv
LaVonne M. Harkless, CMC /AAE
City Clerk
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
Hillcrest Contracting, Incorporated
Post Office Box 1898
Corona, California 91718 -1898
Gentlemen.'
(714) 6443005
February 13, 1998
Thank you for your courtesy in submitting a bid for the Ocean Front Street End
Improvements from 560, to 59�h Street (Contract No. 3151) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. 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 similiar nature.
Enclosure
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
0 9
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Nobest, Incorporated
Post Office Box 874
Westminster, California 92684
Gentlemen:
(714) 6443005
February 13, 1998
Thank you for your courtesy in submitting a bid for the Ocean Front Street End
Improvements from 56th to 59th Street (Contract No. 3151) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. 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 similiar nature.
Enclosure
Sincerely,
00 -
LaVonne M. Harkless, CMC /AAE
City Clerk
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
Excel Paving Company
2230 Lemon Avenue
Long Beach, California 90806
Gentlemen:
(714) 644 -3005
February 13, 1998
Thank you for your courtesy in submitting a bid for the Ocean Front Street End
Improvements from 56th to 591h Street (Contract No. 3151) in the City of Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. 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 similiar nature.
Enclosure
Sincerely, I ^ e
I �1�C Wes-' LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach