HomeMy WebLinkAboutC-3201 - 1997-1998 Sidewalk, Curb and Gutter ReplacementCIT r OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
November 16,1998
West Coast Construction, Inc.
3030 Oak Avenue
Corona, CA 91720
Subject: Contract No. 3201 - Sidewalk, Curb and Gutter Replacement
On September 28, 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
October 9, 1998 - Reference No. 19980686803. The Surety for the contract is
Redland Insurance Company and the bond number is RED1051255.
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
LH:Ii
cc: Public Works Department
Horst Hlawaty, Construction Engineer
encl.
3300 Newport Boulevard, Newport Beach
THE APAERicAN INSTITUTE CibARCHITECTS
Art COcunxnt.V70.
Bid Bond
KNOW ALL MEN BY Tr'ESE PRESENTS, thatwe WEST COAST CONSTRUCTION
3030 OAK AVE CORONA, CA 91720 e`tr• Y..l.t toil iW * od lddl.v at Ojai Udt .i a•r„oan
as Principal, hereinafter called the Prindpal, and REDLAPD INSuMCE CCNPANY
8751 N. 51ST AVE #121 GLENDALE, AZ 85302 w «•'^ ,^ tit ,dad .. °• tell( YJt >i : rtM
a corporation duly cgznized under the laws of the State of IOWA
as Surety, hereinafter called the Sure -/, are held and firmly bound unto
CITY OF NEWPORT BEACH QtHf yHf toil saint NJ OJ/f)! 9I Iljll nr 91 C nln
as Obii3ee, hereinafter called the Obligee, in the sum of
TEN PERCENT OF MOUNT BID*** Coilars IS 10% OF BID***
far the payrrent of which sun weiL and truly to be .made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, suet =stns and assigns, jointly and - averaily, c rmiy by
thce presents.
WHET -^AS, the Principal has submitted a bid for
a+H.,...... %is °t.,., addrer +rd dire .a et arwi.
97 -98 SIDEWALK, CURB & GUTTER REPLACSvENT C -3201.
NOW, THEW CAL if the Cbii%ee shalt ae_ct ate bid of the Tr.newt and the hfnCPaf shalt enter into a Cantr=
with Use Cbiigee in ac=rdasca wit.`r the ternn of suca bid, and yre such bond of bonds as mar be speaffed in the bidding
er Carman^ Cocamenta with good and sufficient surety for the faithful aeriormasce of such Cwm= and for :he 7rcmpt
Payment of tabor and nuterial furnished in the Jroseculon thereof. or in :be erau of Use faucet, of the Trindoal to ester
suer Csncnc: and giw such bond or 'bands, if the urinal" shall par to the Cbrigee the difference not b ,used me ;enalry
hereof between Use amount specified in said bid and vj6 ix;er amount for which the Obrrgee mar in good hifh contra=
with another ilary to perform Use Worn covered by said bid. then this obrrgadott shah be null mW v*W. otherwise D remain
in full farce and a %t -
signed and sealed this 19TH day of MAY 1598
AAA aoeuatenT wow • sto oona • AJA s . MXUAl<T T77e tV • nse . C=C u
trrSZrrvW Or .ACSUTICTt, IM Mr- AV1!_ KTr— wAytlrYCTCM O. C. MCM 7
CALIFORNIA
ALL ORPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF SAN 3ERN4RDII`10
On SrIAl before
me,
S.S.
personally appeared
< personally k.-lcwn to me;
or proved to me an the basis of satisfactory evidence to be the
persons) whose name) is /ara- subscribed to the within instrument and
ac k.- cwledced to me that (he /she / =-- _) executed the same in
i>�jher /= - authorized capacity(--is}, and that the entity upon
behalf of which the persor.(s -)- acted, executed the instrument.
WITNESS mv_ hand and official seal.
(SEAS)
•...a.•w..aa�4 aw4 nia0A 2,a u?>im
Z FRANCES LEFLER
L_ a COMtii. #105897058976 g
NOTARY PUBIIGCALIPORNIA
n SAN BERNARDINO COUNTY
a:' My Comm. gip. MaY 16, 1999 y
of NcPa=7 Public
CAPACITY c- r.ar?nzD BY SIMYER:
Thcugh statute does not _eC.'[I__e the Rotary' to _fill in the data below,
dCi g So may :r --ve lnvaltabl°_ to persons relying on the document.
, nd:vidL' a_ (s )
Co= crate Officer(s)
Titles
Partner (s )
X Attor -ey -in -Fact
Trustse(s)
Guardian /Conservator
Other:
Signer is representing:
and
and
Limited General
ATTENTION NOTARY: Although the information requested below is
optional, it could prevent fraudulent attachment of this certificate
to unauthorized document.
Title of tree of document: BOND
Number of pages:
Date of document:
Signer(s) other than named above:
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE.
iusns�T
0 0
REDLAND INSURANCE COMPANY
POWER OF ATTORNEY RED 1051202
KNOW ALL MEN BY THESE PRESENTS, THAT REDLAND INSURANCE COMPANY does hereby make, constitute and appoint
JAY P. FREEb1AN " FRANCES LEFLER • KELLY A. SAI MAN OF ONTARIO, CALIFORNIA
its true and lawful Attomey -in -Fact, to make, execute and deliver on its behalf Surety bonds, undertakings and other instruments of
similar nature as follows:
WITHOUT LIMITATIONS AS TO TYPE AND AMOUNT
This Power of Attorney is granted and sealed under and by the authority of the following Resolution adopted by the Board of
Directors of the Company on the 18th day of October, 1993.
"RESOLVED, that the Chairman of the Board, the President, m Executive Vice President or a Vice President be, and that each
of them is, authorized to execute Powers of Attorney qualifying the Attorney -in -Fact named in the given Power of Attorney to
execute in behalf of the Company, bonds, undertakings and other instruments of similar nature, and said officers may rename any
such Attorney -in -Fact or agent and revoke any Power of Attorney previously granted to such person.
FURTHER RESOLVED, that an Assistant Secretary be, and that each or any of them hereby is, authorized to attest the
execution of any such Power of Attorney, and to attach thereto the seal of the Company.
FURTHER RESOLVED, that the signatures of such officer: and the seal of the Company may be affixed to any such Power of
Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing web facsimile
signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with respect to any bond,
undertaking or instruments of similar nature to which it is attached."
IN WITNESS WHEREOF, REDLAND INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these
presents to be signed by its President this 18th day of October, 1993.
Attest:
PETER A. KNOLLA
Secretary
STATE OF IOWA J
COUNTY OF POTTAWATTAMIE J
Council Bluffs
Pv,: •Q'P O99
REDLAND INSURANCE COMPANY o `U A to
W ` ,
By '% ,SEAL..,
President
On this 18th day of October, 1993 before me personally came John P. Nelson, to me known, who being by me duly sworn, did
depose and say that he is President of REDLAND INSURANCE COMPANY the corporation described in and which executed the
above instrument; that he knows the seal of the said corporation, that the seal affixed to the said instrument is such corporate seal;
that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order.
JEANETTEALDREDGE 4bb—da r{
* * MY COMMISSION EXPIRES JEANETTE ALDREDGE U
°era 3'199 NOTARY PUBLIC
My Commission Expires Much 15, 1999
I, the undersigned, Vice President of REDLAND INSURANCE COMPANY an Iowa corporation, DO HEREBY CERTIFY that
the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution
of the Board of Directors, set forth in the said Power of Attorney, is now in force.
Signed and sealed at the City of Council Bluffs, in the State of Iowa, dated /the
IgTH day of My , 19 98
/ t
{
1
ROGER D. STORDAHL
Senior Vice President 4
i
THIS DOCUMENT IS NOT VALID UNLESS PRINTED ON GREY SHADED BACKGROUND WITH A RED SERIAL NUMBER IN THE
UPPER RIGHT HAND CORNER. THE BACK OF THIS DOCUMENT CONTAINS AN ARTIFICIAL WATERMARK -HOLD AT AN
ANGLE TO VIEW. IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT, YOU ARE URGED
r TO CONTACT OUR POWER OF ATTORNEY CUSTODIAN AT I- 800 -261 -5251.
`. 1011POA/2198
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EXECUTED IN FOUR COUNTERPARTS CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
1997 - 98 SIDEWALK, CURB AND GUTTER REPLACEMENT
CONTRACT NO. 3201
0-14011Z • •
LABOR AND MATERIALS PAYMENT BOND
PAGE 15
WHEREAS, the City Council of the City of Newport Beach, State of Califomia, by motion
adopted, has awarded to West Coast Construction hereinafter designated as the "Principal," a
contract for construction of 1997 — 98 Sidewalk, Curb and Gutter Replacement, Contract No.
3201 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. 3201 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,
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
SEVENTY SEVEN THOUSAND EIGHT HUNDRED TWENTY FIVE ANJDOV4Q1I), 77,825.00 lawful
money of the United States of America, 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 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 attorney's fee, to be fixed by the Court as required by
the provisions of Section 3250 of the Civil Code of the State of California.
• • 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 terms of the Contract or to the work to be performed
thereunder or the specifications accompanying the same shall in any wise affect its obligations on
this Bond, and it does hereby waive notice of any such change, extension of time, alterations or
additions to the terms of the Contract or to the work or to the specifications.
In the event that any principal above named executed this Bond as an individual, it is
agreed that the death of any such principal shall not exonerate the Surety from its obligations
under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above named
Principal and Surety, on the 23pD day of JUNE —'19-96
WEST COAST CONSTRUCTION
Name of Contractor (Principal)
REDLAND INSURANCE COMPANY
Name of Surety
8751 N. 51ST AVENUE, S -121
GLENDALE, AZ 85302
Address of Surety
(800) 348 -9781
Telephone
Authori Signature/Title
<� a,/:.
Authorized Agent Signa) re
FRANCES LEFLER, ATTORNEY -IN -FACT
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
1 0 •
CALIFORNIA
ALL PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
S.S.
COUNTY OF San Bernardino
On before me,
KELLY A. SAITMAN, NOTARY PUBLIC , personally appeared
FRANCES LEFLER ,
personally known to me;
or proved to me on the basis of satisfactory evidence to be the
person($$ whose name g; is /AM subscribed to the within instrument and
acknowledged to me that �Xk /she /tffdj) executed the same in
Axj x /her / (jr authorized capacityQCi§94 , and that the entity upon
behalf of which the persongX4 acted, executed the instrument.
WITNESS my hand and official ,seal. •944tl449l499tltl49999tl tltl999V 5- 9999999
(SEAL) Z 1:. KELLY A. SAITPdAN Z
S _„ i ±- COMM. #1022643 S
P `�,�, NOTARY PUBLIC CALIFORNIA P
.a SAN BERNARDINO COUNTY
} `` r MY Comm. Expires :un9 27. 1798 tl
a >9............999999r s9a
Si/gfi Vl�*urNLet p Notary I Public
CAPACITY CLAIMED BY SIGNER:
Though statute does not require the notary to fill in the data below,
doing so may prove invaluable to persons relying on the document.
Individual(s)
Corporate Officer(s) and
Titles and
Partner(s) Limited General
X Attorney -in -Fact
Trustee(s)
Guardian /Conservator
Other:
Signer is representing:
ATTENTION NOTARY: Although the information requested below is
optional, it could prevent fraudulent attachment of this certificate
to unauthorized document.
Title of type of document:
Number of pages:
Date of document:
Signers) other than named above:
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE.
KAS /18 7
REDLAND INSURANCE COMPANY
POWER OF ATTORNEY RED 1051255
KNOW ALL MEN BY THESE PRESENTS, THAT REDLAND INSURANCE COMPANY does hereby make, constitute and appoint -
JAY P. FREEMAN' FRANCES LEFLER • KELLY A. SAfTMAN OF ONTARIO, CALIFORNIA
its true and lawful Attorney -in -Fact, to make, execute and deliver on its behalf Surety bonds, undertakings and other instruments of
similar future as follows:
WITHOUT LIMITATIONS AS TO TYPE AND AMOUNT
This Power of Attorney is granted and sealed under and by the authority of the following Resolution adopted by the Board of
Directors of the Company on the 18th day of October, 1993.
'RESOLVED, that the Chairman of the Board, the President, an Executive Vice President cr a Vim President be, and that each
of them is, authorized to execute Powers of Attorney qualifying the Attorney-in-Fact named in the given Power of Attorney to `� n
execute in behalf of the Company, bonds, undertakings and other instruments of similar nature, and said officers my rename any
such Attomey -in -Fact or agent and revoke any Power of Attorney previously granted to such person 6
FURTHER RESOLVED, that an Assistant Secretary be, and that each or any of them hereby is, authorized to attest the
execution of any such Power of Attorney, and to attach thereto the seal of the Company.
FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of
Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile
signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with respect to any bond,
undertaking or instruments of similar nature to which it is attached."
IN WITNESS WHEREOF, REDLAND INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these
presents to be signed by its President this 18th day of October, 1993.
gip:, 0P 0R9
Attest REDLAND INSURANCE COMPANY W U �» Lr
��% By
SEALr;
f �Gi14+C�Sn �o
GNCJ[ BlUfLS�c
PETER A. KNOLLA
Secretary JOHN P. NELSON
STATE OF IOWA ? President
s.S.: Council Bluffs
COUNTY OF POTTAWATTAMIE I
On this 18th day of October, 1993 before me personally came John P. Nelson, to me known, who being by me duly sworn, did
depose and say that he is President of REDLAND INSURANCE COMPANY the corporation described in and which executed the
above instrument; that he knows the seal of the said corporation, that the seal affixed to the said instrumtent is such corporate seal;
that it was so affixed by order of the Board of Detectors of said corporation and that he signed his name thereto by like order.
J JEANETTEALDREDGE I (�
** MY COMMISSION EXPIRES JEANETTE ALDREDGE
'0^ 3'Is99 NOTARY PUBLIC
My Comtnission Expires Match 15, 1999
I, the undersigned, Vice President of REDLAND INSURANCE COMPANY an Iowa corporation, DO HEREBY CERTIFY that
the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution
of the Board of Directors, set forth in the said Power of Attorney, is now in force.
Signed and sealed at the City of Council Bluffs, in the State of Iowa, dated the; �1 / day of 19 �0
ROGER D. STORDAHL
Senior Vim President
THIS DOCUMENT IS NOT VALID UNLESS PRINTED ON GREY SHADED BACKGROUND WITH A RED SERIAL NUMBER IN THE
UPPER RIGHT HAND CORNER. THE BACK OF THIS DOCUMENT CONTAINS AN ARTIFICIAL WATERMARK -HOLD AT AN
ANGLE TO VIEW. IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT, YOU ARE URGED
TO CONTACT OUR POWER OF ATTORNEY CUSTODIAN AT 1- 800 -262 -5252.
=� .I tot+roAizva
3r
a
• • PAGE 17
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
EXECUTED IN FOUR COUNTERPARTS
1997 — 98 SIDEWALK, CURB AND GUTTER REPLACEMENT
CONTRACT NO. 3201
BOND NO. RED 1051255
PREMIUM: $560.00
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $_ 560.00 , being at
the rate of $ 7.20 PER thousand of the Contract price.
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, awarded to West Coast Construction hereinafter designated as the "Principal ", a
contract for construction of 1997 — 98 Sidewalk, Curb and Gutter Replacement, Contract No.
3201 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. 3201 and the
terms thereof require the furnishing of a Bond for the faithful performance of the Contract;
NOW, THEREFORE, we, the Principal, and gEr)rANp TNs WAN F. c omPANY
, duly authorized to transact business under the laws of the State
of California as Surety (hereinafter "Surety "), are held and firmly bound unto the Cit of NA�e� ort
Beach, in the sum of SEVENTY SEVEN THOUSAND EIGHT RELx. TWENTY FZ l r7 A
of the United States of America, said sum being equal to 100% of the e� i ai 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 OBLIGATION 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 indemnify, 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.
E
n
U
PAGE 18
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.
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 23RD day of TTTNF 11998
WEST COAST CONSTRUCTION
Name of Contractor (Principal)
REMAND INSURANCE COMPANY
Name of Surety
8751 N. 51ST AVENUE, S -121
GLENDALE, AZ 85302
Address of Surety
(800) 348 -9781
Telephone
Authori ; SignaturefTitle
Authorized Agent Sign lure
FRANCES LEFLER, ATTORNEY -IN -FA iG
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED
CALIFORNIA
ALL PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
S.S.
COUNTY OF San Bernardino
On I �. - V f/ before me,
KELLY A. SAITMAN, NOTARY PUBLIC personally appeared
FRANCES LEFLER ,
personally known to me;
or proved to me on the basis of satisfactory evidence to be the
person(X4 whose name Xj is /YM:f3(subscribed to the within instrument and
acknowledged to me that Pik /she /)ffldj0 executed the same in
W$/her/XbWX authorized capacityQ(i414, and that the entity upon
behalf of which the persongX4 acted, executed the instrument.
WITNESS my
hand and
official. seal.
A�� „�,,,,
(SEAL)
Z KELLY A. SAITMAN ;
oi
S :
�` COMM. #1022648
P S
NOTARY PUBLIC - CALWORNIA
n
I SAN BERNARDINO COUNTY
/
/
My Comm. EWm Aloe 27. INS
I
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r
`��
Mtl >u! >9tdq 90�+p H d4f ♦OApiN MiOi M O.
5i nat re
Notary
Public
LKED
CAPACITY
BY
SIGNER:
Though statute does not require the notary to fill in the data below,
doing so may prove invaluable to persons relying on the document.
Individual(s)
Corporate Officer(s)
Titles
Partner(s)
X Attorney -in -Fact
Trustee(s)
Guardian /Conservator
Other:
Signer is representing:
and
and
Limited General
ATTENTION NOTARY: Although the information requested below is
optional, it could prevent fraudulent attachment of this certificate
to unauthorized document.
Title of type of document:
Number of pages:
Date of document:
Signer(s) other than named above: PRINCIPAL
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT
I:AS /118 7
RECORDING REQUESTED BY 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
IIIIIIIIIIIIIIIIIIIIIIIIIIIINIIIIIIIINIIIIIIIIillllllllllllllll No Fee
19980686803 2;46pm 10/09/98
005 14019986 14 23
N12 1 6.00 0.00 0.00 0.00 0.00 0.00
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 West Coast Construction, Inc. of
Corona, California, as Contractor, entered into a Contract on June 8, 1998. Said Contract
set forth certain improvements, as follows:
1997 -1998 Sidewalk, Curb and Gutter Replacement, C -3201.
Work on said Contract was completed on August 4, 1998, and was found to be
acceptable on September 28, 1998, by the City Council. Title to said property is vested in
the Owner, and the Surety for said Contract is Redland Insurance Company.
BY
!�
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 �� `%� j <<� at Newport Beach, California.
BY 1U i'c�'r� -�� %l� _ �� rt<_ c_: ��00R�r�e
City Clerk a/"MIG,
0
iT
2
f' F
• September 28, 1998
CITY COUNCIL AGENDA
ITEM NO. io:.
TO: Mayor and Members of the City Council
S&28
FROM: Public Works Department
SUBJECT: COMPLETION AND ACCEPTANCE OF 1997 — 1998 -STC
AND GUTTER REPLACEMENT — CONTRACT NO. 3201
RECOMMENDATIONS:
1. Accept the work.
2. Authorize the City Clerk to file a Notice of Completion.
3. Authorize the City Clerk to release the bonds 35 days after the Notice of
Completion has been recorded in accordance with applicable portions of the Civil
Code.
• DISCUSSION:
On June 8, 1998, the City Council authorized the award of the 1997 — 1998 Sidewalk,
Curb and Gutter Replacement contract to West Coast Construction, Inc. of Corona,
California. The contract provided for a City wide replacement of uplifted sidewalk, curb
and gutter, and curb access ramps. Major items of construction completed included
approximately 7,500 square feet of sidewalk, 1,530 linear feet of curb & gutter, and 4
curb access ramps. 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: $77,825.00
Actual amount of bid items constructed: 80,502.90
Total amount of change orders: 1,359.00
Final contract cost: $81,861.90
The increase in the amount of actual bid items constructed over the original bid amount
resulted from an increase of actual to bid item quantities such as concrete driveways.
The final overall construction cost including change orders was 5.2% over the original
bid amount.
• One change order in the amount of $1,359.00 provided for additional curb and gutter
removal and some masonry repair work in the Corona Del Mar area.
SUBJECT: Completion And Acceptloof 1997- 1998 Sidewalk, Curb and Gutter Replacee0t- Contract No. 3201
September 28, 1998
Page 2
Funds for the project were budgeted in the General Fund as follows: •
Description
Account Number
Amount
Sidewalk, Curb & Gutter Replacement
7013- C3130016
53,679.00
Sidewalk, Curb & Gutter Repl. Program
7013- C5100020
28,182.90
TOTAL
$81,861.90
All work was completed on August 4, 1998, the scheduled completion date.
Respectfully submitted,
PUBLIC WORKS DEPARTMENT
Don Webb, Director
By //C,7 % lz&L4
Horst Hlawaty, P.E.
Construction Engineer
f:yg.psbubworkstcoun6My98 -99\ ept -28l ide alk c- 3201.d=
•
U
City Clerk
PAGE 1
CITY OF NEWPORT BEACH
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 11:00 a.m. on the 211t day of May 1998,
at which time such bids shall be opened and read for
1997 — 98 Sidewalk, Curb And Gutter Replacement
Title of Project
Contract No. 3201
$84,000.00
Engineer's Estimate
Approved
Bill :.,
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 Luy, Project Manager at (949) 644 -3330.
PAGE 2
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
1997 — 98 SIDEWALK, CURB AND GUTTER REPLACEMENT
CONTRACT NO. 3201
INSTRUCTIONS TO BIDDERS
The following documents shall be completed, executed and received by the City Clerk in
accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND
DESIGNATION OF SUBCONTRACTORS
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON - COLLUSION AFFIDAVIT
PROPOSAL
2. 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.
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.
0 0
PAGE 3
The securities shall be deposited in a state or federal chartered bank in California, as the
escrow agent.
8. 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).
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.
Contractor's License No. & Classification
Bidder
Autho, ed Signature/Title
�5 //9lg<r
Date
0 0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
1997 — 98 SIDEWALK, CURB AND GUTTER REPLACEMENT
CONTRACT NO. 3201
BIDDER'S BOND
We, the undersigned Principal and Surety, our successors and assigns,
and administrators, agree to be jointly and severally held and firmly boun d
Newport Beach, a charter city, in the principal sum of
($ ), to be paid and forfeited to the City of Newport Beach if the bid
PAGE
executors, heirs
to the City of
dollars
proposal of the
undersigned Principal for the construction of 1997 — 98 Sidewalk, Curb and Gutter Replacement,
Contract No. 3201 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 from its
obligations under this Bond.
Witness our hands this day of '19
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
(Notary acknowledgment of Principal & Surety must be attached)
PAGE 5
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
1997 — 98 SIDEWALK, CURB AND GUTTER REPLACEMENT
CONTRACT NO. 3201
DESIGNATION OF SUBCONTRACTOR(S)
State law requires the listing of all subcontractors who will perform work in an amount in
excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the
Contractor 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.
9.
10.
Bidder Aut ized Signature/Title
0 0
PAGE 6
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
1997 - 98 SIDEWALK. CURB AND GUTTER REPLACEMENT
CONTRACT NO. 3201
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
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 /Agency To Contact Number
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Bidder AuttWKzed Signature/Title
• •
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
1997 — 98 SIDEWALK, CURB AND GUTTER REPLACEMENT
CONTRACT NO. 3201
NON - COLLUSION AFFIDAVIT
State of California )
) ss.
County of wCfs cJe
PAGE 7
being first duly sworn, deposes and says that he or she-is
ctS icl tot of roast (Qns} 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 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 State of California that the foregoing is true
and correct.
lyfSfi�1 ipn3+
Bidder uthon> d SignatureRitle
Subscribed and sworn to before me this 19 day of /> a1 j , 194g
[SEAL] °0° uwaoa�aa
jz'� ��'
,13a,ovN31
Notary Public
My Commission Expires: -10I�,j J5, 2-000.
0 0
i93CM
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
1997 —98 SIDEWALK. CURB AND GUTTER REPLACEMENT
CONTRACT NO. 3201
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 receipt
Notice of Award to the successful bidder:
�iZiP►�17I�1
• 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 Key Rating Guide: Property - Casualty. Coverages shall be
provided as specified in the Standard Specifications for Public Works Construction, except as
modified by the Special Provisions. 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
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
1997 — 98 SIDEWALK, CURB AND GUTTER REPLACEMENT
CONTRACT NO. 3201
CONTRACT
THIS AGREEMENT, entered into this 8th day of June, 1998, by and between the CITY OF
NEWPORT BEACH, hereinafter "City," and West Coast Construction, hereinafter "Contractor," is
made with reference to the following facts:
A. WHEREAS, City has advertised for bids for the following described public work:
1997 — 98 SIDEWALK, CURB AND GUTTER REPLACEMENT
Project Description
3201
Contract No.
B. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder
and Contractors 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:
1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of
the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal,
Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and
Materials Payment Bond, Permits, General Conditions, Standard Plans and Standard
Special Provisions, Plans and Special Provisions for Contract No. 3201, 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:
PAGE 10
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.
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 seventy seven thousand eight hundred twenty five and no /100
Dollars ($77,825.00).
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: Stephen Luy
(949) 644 -3330
6. LABOR CODE 3700 LIABILITY INSURANCE
Contract, hereby certifies:
CONTRACTOR
West Coast Construction
3030 Oak Avenue
Corona, CA 91720
(909) 736 -0632
Contractor, by executing this
"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."
0 0
7. INSURANCE
PAGE 11
(a) Insurance is to be placed with insurers with a Best's rating of no less than A:VII
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:
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.
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.
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 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.
0
3. All Coverages
0
PAGE 13
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.
8. 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 City from the
sole or active negligence or willful misconduct of City, its officers or employees.
0 •
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.
APPROV D AS TO FORM:
aa�
C ATTORNEY
a. 9: MMY4 1L9ffKdLG12k1 .* ZI 2:1
CK.711111 �t01;1
ut onzed Signature and Titl
aCennm CERTiFICA Q,F
INSURANCE
o i` 9i98
PRODUCER
Averbeck Company
3270 Inland Empire Blvd #100
Ontario, CA 91764
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CER17FICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
ARanger Insurance /RIS �f V_j
NSURED
Jack P. Dearmond DBA: West
Coast
I COMPANY
B
Construction
--
3030 Oak Avenue
ANY
c
Corona, CA 91720
-
COMPANY
D
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO T
TYPE OF INSURANCE
POUCY NUMBER
POLICY EFFECTIVE
DATE (MWDDNY)
OUCY EXPIRATION
DATE (MWDDNY)
LIMITS
A
GENERAL
X
LIABILITY I GL0677804
OM M ERCIAL GENERAL LIAB ILII_YI�
05/07/98
05/07/99
GENERALAGGREGATE
E2 000 000
PRODUCT &COMPlOPAGG
$1 000,000
PERSONAL & ADV INJURY
.$1 , 0 0 O , 0 0 0
CLAIMS MADE X OCCUR
EACH OCCURRENCE
$1,000, 000
XCWNER'S
& CONTRACTORS PROT
BI PD Ded:l 000'
FIRE DAMAGE (Any one lire)_
$50 000
MED EXP(Any one person)
_
$5 000
PAUTOMOBILE
A LIABILITY SBA355527
05/04/99
ANY AUTO
1105/04/98
COMBINED SINGLE LIMIT
E 1,000 000
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per person)
_
$
HIRED AUTOS
NON-OWNED AUTOS
BODILY INJURY
(
rPer eccidenp
$
F~
PROPERTY DAMAGE
i$
GARAGE LIABILITY
gUTOONLV -EA ACCIDENT
S
OTHER THAN AUTO ONLY:
ANY AUTO
_
EPCH ACCIDENT
E
�
_
AGGREGATE
S
EXCESS LIABILITY
I
EACH OCCURRENCE
E
AGGREGATE
$
UMBRELLA FORM
$
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS'LIABILITY
STATUTORY LIMITS
EACH ACCIDENT I$
THE PROPRIETORI iNCL
PAR
DISEASEPOUCY OMIT i$
EACH EMPLOYEES
OFFICERS ARE: ,EXCLI
'DISEASE
OTHER
i
DESCRIPTION OF OPERATIONSILOCATION SNEHICLESISPECIAL ITEMS
Re: 1997 -98 Sidewalk, Curb and Gutter Replacement, Contract No. 3201.
Certificate holder, it officers,
officials, and employees are additional
(See Attached Schedule.)
CERTIFICATE: HOLDER
CANCELLATION'
SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Newport Beach
3300 Newport Boulevard
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL
+ 0 DAYS WRITTEN NOACETO THYCERTIRCATE HOLDER NAMEDTOTHE LEFT,
Newport Beach, CA 92658
AUJiOR14ED REPR EN TIVE
ACORD 25S (3193) ], DE 2 "450 36
7
.jj}[[yI ® -ACORD CORPORATION 1993'
CG 20 10
4
POLICY NUMBER: GL0677804 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY
ADDITIONAL INSURED - OWNERS, LESSEES
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
Project or Location:
City of Newport Beach Re: 1997 -98 Sidewalk, Curb and
3300 Newport Boulevard Gutter Replacement, Contract N
Newport Beach, CA 92658 3201.
(If no entry appears above, information required to complete this
endorsement will be shown in the Declarations as applicable to this
endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the
person or organization shown in the Schedule, but only with respect to
liability arising out of "your work" for that insured by or for you.
CG 20 10
oxwszina
Copyright, Insurance Services Office, Inc., 1984
I END. NO. I
(PAGE 1 OF 2)
ADDPPIONAL INSURED PROVISIONS
IT LS ACIL - 7HAT rz:Z ?OLLOWING PROVLSION(S) ANE4M TSE COVERAGE PROVIDED
TO THE ADDITIONAL INSURED(S) NAMED IN TA13 EsMORSELIENT AS FOLLOWS: (ONLY
THOSE CHEC: ti'OAPPLE )
0 PRUAARY INSUR&NCE CLAM
1T IS AGRE'D TIHAT SUCH INSURANCE, AS IS AFFORDED BY THIS POLICY FOR THE
BEN=- OF TAE ADDITIONAL INSURED SHOWN SHALL BE PRIMARY D SURANCE,
AND ANNY OT: ^R INKIIANCE MA T_ MM BY TIC AMMONAL INSi=(S) SF.ALL
BE EXCESS AND NON- CON-71 RIBLTORY, BUT ONLY AS RES?ECiS AYY C-AnK LOSS
OR LI BIIriY ASISNG OLT OF THE OPERA TTONS OF THE NAMED MT.-Rcn(S) OR ITS
SUB - CONTRACTORS. AND ONLY ff SUCH CLALK LOSS OR LLkBII.ITY IS
DEll-K MINED TO BE SOL. Y 7:� NEGLIGENCE OR RESPONSIBn= OF TIH: NAMED
INSURED.
Q HOLD HARNEMS CLAL'5E
IT 15 ACRE--D TIHAT SUCH TNtiSURANNCE AS IS AFFORDED BY rMS POLICY FOR THE
BENEF: i OF THE ADDITIONAL INSURED SHOWN BELOW SHALL DMENC4I Y AlND
HOLD aARNNMESS THE ADDITIONAL. INSURED, BLT ONLY AS RESPECTS ANY CLAZtL
LOSS OR LL .BlLl- Y AMNUG OLT OF THE OPTIONS OF NANED INSURED(S) OR
173 SUB- CONTRACTORS.
Q 3EYER?,Bam OF zm-REST
IT IS ACREM- THAT SUCH I SU"NCE AS LS AFFORDED BY THIS POLICY FOR TBE
BE4=1 OF -= ADDrIIONAL INSURED SHOWN BELOW SHALL APPLY SE?.A- RATELY
TO EACH ADDITIONAL INSURED AGAINST WHOM A CLAUS IS MADE OR SUIT IS
BROUGI -!T, EXCEIrr WITH RESPECTS TO THE LUMS OF INSUR _NCE UNDER THIS
OF THIS
QA677804 (Jack P. Dearmond DBA: West Coast
Construction
Ranger Insurance Company 1 1 J,
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RPJWRSEMEMT _
{ (RAGE Z OF Z) END. NO.
Q NOTICE OF CANCELLATION OR NON mmAL
PP IS AGREED THAT TBE C0 eANY WU PROVIDE T13B ADDMONAL MURED
SHOWN BELOW WITH 30 DAYS NOTICE OF CANCELLATION OF THIS POLICY IN THE
EVENT OF CANCELLATION DUE TO CONeANY ELECTION ONLY,
Q WAIM OF
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NAME OF PER80N OR ORGAMIZATION
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92658
Jack P. Deammnd DBA: West Coast
Construction
Ranges Insurance Company
TE P.O. BOX 42080SAN FRANCISCO, CA 94142-0807
ATION
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Page PR -1
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
1997 - 98 SIDEWALK, CURB AND GUTTER REPLACEMENT
CONTRACT NO. 3201
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard, P. 0. 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. 3201 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
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
1. Lump Sum Mobilization
@nut. ttvw5arvA Dollars
and
Zfrb Cents $ ���p6 $ S QOO66
Per Lump Sum
2. Lump Sum Traffic Control
@tia[fn hunch -cc.� Dollars
and
NO Cents $ L4S-06 � °o
$ I.SOO.
Per Lump Sum
3. Lump Sum Clearing and Grubbing
CaSlG'n }hOUSGr,C�Dollars
and
oo
Qo Cents $ 10,De0 $ 10) Ooo,
Per Lump Sum
0
Page PR -2
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
4. 568 L.F. Construct P.C.C. Type "A"
Curb and Gutter
@ E)glt -c, CF) Dollars
and
No Cents $ 1g. 6o $ 10) aay.�
Per Linear Foot
5. 7,470 S.F
6. 80 S.F
7. 404 S.F
8. 104 Each
Construct 4 -inch Thick P.C.0
Sidewalk
@ 'Chrt if
Dollars
and
O c>
Cents
Per Square Foot
Construct P.C.C.
Driveway
@ -Po U r`
Dollars
and
-Fi -F j: (
Cents
Per Square Foot
Construct P.C.C.
Access Ramps
@ U L
Dollars
and
N
Cents
Per Square Foot
Root Prune Existing
Parkway Tree
@ SPUtr,+Lj 4 v c- Dollars
and
NO
Cents
Per Each
$� G8 $ DD, Ll 10," °
$ 1-4. $ 0, 06
$ 5)- $ 2O�a6
$
0
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
9. 935 S.F. Provide Fill and Grade to Match
Adjacent New Improvements
@ D e Dollars
and
N' Cents
Per Square Foot
10. 1,500 S.F. Construct A.C. Patch Back
@ Dollars
and
�j \c{c { Cents
Per Square oot
11. 174 S.F. Grind Gutter
@ tOv Dollars
and
N 6 Cents
Per Square Foot
12. 875 L.F. Construct P.C.C. Rolled
Curb and Gutter
@ Syf Dollars
and
0 0 Cents
Per Linear Foot
13. 60 S.F. Construct P.C.C. Cross Gutter
Dollars
and
N O Cents
Per Square Foot
Page PR -3
$ t D°
$ LI o0
$ 10,66
$ /_13 0
$ 1' I, 000, 66
$ g
o6 $ Ll �/o °a
TOTAL PRICE IN WRITTEN WORDS
Seue�-iy Stvcti.Trb�sanel, �,�n-+
nrlr� Tv 2ni`� v c Dollars
and
N0 Cents
Total Price
Bidder's Name N f-Yf" l M gSt l C'n aJC+'I OQ
Page PR-4
Bidder's Address nCl K Aj e r(OW(lCl , (' . q 1-72d
Bidder's Telephone Number (q 05) -7 :; D -D(j a
Contractor's License No. & Classification -1 31 33L� - A
I
Da a Ku—thofized signature awe & R
r 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
July 6, 1998
JDC
Post Office Box 3448
Rancho Cucamonga, California 91729 -3448
Gentlemen:
Thank you for your courtesy in submitting a bid for the 1997 -98 Sidewalk, Curb and
Gutter Replacement (Contract No. 3201) 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
E
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
CJ Construction, Inc.
14730 E. Firestone Boulevard, Suite 902
La Mirada, California 90638
Gentlemen:
(714) 6443005
July 6, 1998
Thank you for your courtesy in submitting a bid for the 1997 -98 Sidewalk, Curb and
Gutter Replacement (Contract No. 3201) 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
0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Ranco Corporation
Post Office Box 9007
Brea, California 92622
Gentlemen:
(714) 6443005
July 6, 1998
Thank you for your courtesy in submitting a bid for the 1997 -98 Sidewalk, Curb and
Gutter Replacement (Contract No. 3201) 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'. 4 (4 n,1t'4 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
Los Angeles Engineering
4134 Temple City Boulevard
Rosemead, California 91770
Gentlemen:
(714) 6443005
July 6, 1998
Thank you for your courtesy in submitting a bid for the 1997 -98 Sidewalk, Curb and
Gutter Replacement (Contract No. 3201) 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 •
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
LGT Enterprises
Post Office Box 3905
Tustin, California 92781 -3905
Gentlemen:
(714) 6443005
July 6,1998
Thank you for your courtesy in submitting a bid for the 1997 -98 Sidewalk, Curb and
Gutter Replacement (Contract No. 3201) 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,
m. lVa,-IA�v
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Pave West
320 North Palm Street, Suite A
Brea, California 92821
Gentlemen:
(714) 6443005
July 6,1998
Thank you for your courtesy in submitting a bid for the 1997 -98 Sidewalk, Curb and
Gutter Replacement (Contract No. 3201) 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 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Damon Construction
455 Carson Plaza Drive, Suite F
Carson, California 90746
Gentlemen:
(714) 6443005
July 6,1998
Thank you for your courtesy in submitting a bid for the 1997 -98 Sidewalk, Curb and
Gutter Replacement (Contract No. 3201) 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,
ECG U i.°-n.ric %17 . �f ✓w,��
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
/JV
C- 32cl
• crrvoF`_ :,:``"- June 8,1998
JUN CITY COUNCIL AGENDA
ITEM NO. 11
APPRGVEJ
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: 1997 -98 SIDEWALK, CURB AND GUTTER REPLACEMENT— AWARD OF
CONTRACT NO. 3201
RECOMMENDATIONS:
1. Approve the specifications and work schedule.
2. Award Contract No. 3201 to West Coast Construction for the total bid price of
$77,825.00, and authorize the Mayor and the City Clerk to execute the contract.
3. Establish a construction reserve in the amount of $7,800.00 for materials testing
and unforeseen work.
DISCUSSION:
At 11:00 A.M. on May 21, 1998, the City Clerk opened and read the following bids for
this project:
*Corrected total bid price
The low bidder is 7% below the Engineer's estimate of $84,000.
The low bidder, West Coast Construction, is a well - qualified general engineering
contractor who has successfully completed previous contracts for the City.
Bidder
Total Bid Price
Low
West Coast Construction
$77,825.00
2
J.D.C. Inc.
$79,437.45
3
Ranco Corporation
$80,464.00
4
C J Construction
$82,644.40
5
Damon Construction
$88,461.25
6
Pave West
$95,666.81
7
L.G.T. Enterprises
$96,481.00
8
Los Angeles Engineering, Inc.
$128,888.00
*Corrected total bid price
The low bidder is 7% below the Engineer's estimate of $84,000.
The low bidder, West Coast Construction, is a well - qualified general engineering
contractor who has successfully completed previous contracts for the City.
SUBJECT: SIDEWALK, R B AND GUTTER REPLACEMENT PROGRA • WARD OF CONTRACT NO.
3201
June 8, 1998
Page 2
West Coast Construction of Fullerton, California, the low bidder, has performed
previous contract work for the City. A check with their references and the State
Contractor's License Board indicates that West Coast Construction has successfully
completed projects of a similar nature for other Southern California agencies and has
no pending actions detrimental to their contractor's license.
This project provides for the replacement of 7,470 square feet of sidewalk and the
reconstruction of curb, gutter and driveway approaches, as shown on the attached
Exhibit "A ".
The replacement of the improvements will eliminate uplifted sidewalks, ponding in curb
and gutter and displaced curb access ramps and driveways.
Funds to award the contract and to set aside a 10% reserve amount to cover the cost of
materials and additional work are available in the following appropriation account:
Description Account No. Amount
Sidewalk, Curb and Gutter 7013- C5100020 $85,625.00
Replacement Program
The specifications and work schedule were prepared by the Public Works Department.
All work is anticipated to be complete in August 1998.
Respectfully submitted,
mi�tt(ed,
0, jl
PUBLIC WORKS DEPARTMENT
Don Webb, Director
By: Jz a 9-
Stepherf Luy
Associate Engineer
Attachments: Bid Summary
Exhibit "A"
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PROJECT LOCATION
Fri
CITY
LK, CURB AND GUTTER
REPLACEMENT
C -3201
oamviNO N0. EXHIBIT A
Authorized to Publish AdlMnisements of all kinds including public notices by
Ocoee of the Superior Court of Orange County, Cali(omia. Number A -6214,
scpicmber 29, 1961, and A -24831 June 11, 1963.
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) SS.
County of Orange )
I am a Citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to
or interested in the below entitled matter. i
am a principal clerk of the NEWPORT
BEACH -COSTA MESA DAILY PILOT, a
newspaper of general circulation, printed and
published in the City. of Costa Mesa, County
of Orange, State of California, and that
attached Notice is a true and complete copy
as was printed and published on the
following dates:
April 30, 1998
May 5, 1998
I declare, under penalty of perjury, that the
foregoing is true and correct.
Executed on May 5 , 199 8
at Costa Mesa, California.
Am 2 ZY%
Signature
CITY OF
NEWPORT BEACH
TING. BIOS
bids may be re-
the office of the
c, 3300 Newport
,.P.O. Box 1768,
8915 until moo a.m. onl
the 21sl day of May, 1998,
at which time such bids;
shall be opened and read'.
for 1997 -98 Sidewalk, Curb
And Gutter Replacement
Contract No. 3201
Engglnder's Estimate:
884,000.00
Kpproded bit
/a/ Bill Palapoft, Clty',
Engineer
Prospective bidders may;
obtain ono set of bid docu
ments at no cost at the of.
ficer of the Public Works
Department, 3300 Newport
Boulevard, P.O. Box 1768,
Newport Beach, CA 92658-
8915.
Published Newport
Beech -Costa Mesa Dally
Pilot April 30, May 5, 1998:
ThT465