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HomeMy WebLinkAboutC-3534 - 2002-2003 Sidewalk, Curb and Gutter ReplacementJune 24, 2004 E. A. Mendoza, Inc. 18 Technology Drive, Suite 134 Irvine, CA 92618 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC Subject: 2002 -2003 Sidewalk, Curb and Gutter Replacement (C -3534) To Whom It May Concern: On June 24, 2003, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Labor & Materials Bond was released on August 15, 2003. The Surety for the contract is Insurance Company of the West, and the bond number is 184- 41 -73. Enclosed is the Faithful Performance Bond. �Sincerely, � • 1444" LaVonne M. Harkless, CMC City Clerk cc: Public Works Department Sean Crumby, Junior Civil Engineer enclosure 3300 Newport Boulevard - Post Office Box 1768 Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 Fax: (949) 644 -3039 • www. city. newport- beach. ca. us EXEC" ^ IN QUADRUPLICATE • BOND 184 41 73 PREMIUM; $1,827.00 Premium Is For Contract Tenn CITY OF NEWPORT BEACH And Is Subject To Adjustment Based On Final Contract Price PUBLIC WORKS DEPARTMENT 2002 - 2003 SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3534 BOND NO. 184 41 73 FAITHFUL PERFORMANCE BOND Premium Is For Cont, ail Term And Is Sub's� To Adjustment The premium charges on this Bond is $1,827.00 Maw on t=;nai Contract Price, being at the rate of $ 9.00 PER 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 construction of 2002 - 2003 SIDEWALK, CURB AND GUTTER REPLACEMENT, Contract No. 3534 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. 3534 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and INSURANCE , duly authorized to transact business California as Surety (hereinafter "Surety"), are held and firmly Beach, in the sum of two hundred three thousand, fifty a lawful money of the United States of America, said sum being amount of the Contract, to be paid to the City of Newport Beac COMPANY OF THE WEST h under the laws of the State of bound unto the City of Newport nd 001100 Dollars ($203,050.00) equal to 100% of the estimated , 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. 28 0 9 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 one (1) year 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 duty executed by the Principal and Surety above named, on the 23RD day of AUGUST , 2002. E.A. MENDOZA, INC. E.A. Mendoza, Inc. (Principal) BY'( 1 r SECRETARY Authorized Signature/Title I /,I . n / I All CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5193 State of CALIFORNIA County of SAN DIEGO On 8/23/2002 before me, JOHN G. MALONEY, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER E.G., "JANE DOE, NOTARY PUBLIC" personally appeared KAREN JEAN HALL NAME(S) OF SIGNER(S) [ personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed JOHN G. MALONEY the same in his /her /their authorized IN a COMM #1212977 capacity(ies), and that by his /her /their :�® NOT PUBLIC- CALIFORNIAN signature(s) on the instrument the person(s), SAN DIEGO COUNTY MY COMMISSION EXPIRES N or the entity upon behalf of which the MARCH 13, 2003 person(s) acted, executed the instrument. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, 4 could prevent fraudulent reattachment of this form. WITNESS my hand and official seal. OF NOTARY OPTIONAL SECTION TITLE OR TYPE OF OPTIONAL SECTION 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 ❑ CORPORATE OFFICER(S) TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED 0 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of (� ]`nx c ss. On 4 UST 2 7 200Z before me, �D... I I personally appeared MITZY G. MALEK Commission # 1332013 i Notary Public - California Orange County OMYCOmm.EipiresNol,,27, 2005 impersonally known to me 0 proved to me on the basis of satisfactory evidence to be the person(} whose name(c) is /ace subscribed to the within instrument and acknowledged to me that he /srie{Naay executed the same in his /herkbeir authorized capacity(iee), and that by his /laa;44eir signatures} on the instrument the person(*, or the entity upon behalf of which the person(sr acted, executed the instrument. WITNESS my h, nndd and o Ici seal. Signature at Notary PuETc OPTIONAL Though the information below is not required by lax', it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: O Individual L � Corporate Officer — Title(s): �_cl(1r� t_rt ❑ Partner —C Limited ❑Genera! Attorney -in -Fact El Trustee 0 Guardian or Conservator Other: Signer Is Number of Pages: RIGHTTHUMBPRINT OF SIGNER ®1999 Nabanal Notary Mwaafion- 9350 De Soto Ave., P.O. Box 2402 • Chalsworlh, CA 91313 2402 • www.nationalnolary A, Prod, No 5907 Reorzier. Call Toll Free 1- 800 -876 -6827 No. ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies'), do hereby appoint JOHN G. MALONEY, HELEN MALONEY, MARK D. IATAROLA, KAREN JEAN HALL their true and lawful Attomey(s) -in -Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings. and other similar contracts of suretyship, and any related documents. IN WITNESS WHEREOF, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001. 0 John H. Craig, Assistant Secretary State of California County of San Diego } ss. INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY John L. Hannum, Executive Vice President On January 16, 2001, before me, Norms Porter, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument, Witness my hand and official seal. NORMAIPORTER COMM. #1257540 pp NOTARY U N A C-CALIFDRN IA SAN DIEG pV My Conirmission Expires .N MARCH 19., 2064 Norma Porter, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s) -in -Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, I have or my hand this 23RD day of AUGUST 2002 John H. Craig, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1- 800 - 877 -1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130 -2045 or call (858) 350 -2400. 0 September 18, 2003 E.A. Mendoza, Inc. 18 Technology Drive, Suite 134 Irvine, CA 92618 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC Subject: 2002 -2003 Sidewalk, Curb and Gutter Replacement (C -3534) To Whom It May Concern: On June 24, 2003, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion. The Notice of Completion was recorded by the Orange County Recorder on July 11, 2003, Reference No. 2003000815415. The Surety for the contract is Insurance Company of the West, and the bond number is 184 4173. Enclosed is the Labor & Materials Payment Bond. We apologize that the incorrect bond was sent to you on August 15, 2003, and would appreciate you returning it to us so that we could handle this matter correctly. If you have any questions, please do not hesitate to contact my office. Sincerely, LaVonne M. Harkless, CMC City Clerk encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 - www.city.newport- beach.ca.us EXECU TN QUADRUPLICATE • BOND � 34 41 73 PREMIUM INCLUDED IN PERFORMANCE BOND CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2002 - 2003 SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3534 BOND NO. 184 41 73 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of Califomia, by motion adopted, has awarded to E.A. Mendoza, Inc., hereinafter designated as the "Principal," a contract for construction of 2002 - 2003 SIDEWALK, CURB AND GUTTER REPLACEMENT, Contract No. 3534 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. 3534 and the terms thereof require the fumishing 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, INSURANCE COMPANY OF THE WEST 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 two hundred three thousand, fifty and 00/100 Dollars ($203.050.00) 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 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. `I Ll 0 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 23RD day of AUGUST, 2002. E.A. MENDOZA, INC. E.A. Mendoza, Inc. (Principal) INSURANCE COMPANY OF THE WEST Name of Surety BY: SECRETARY Authorized Signature/Title • • • •-f, GALIPUMMIA ALL -1-UMP 75C AGRpVWLCYYMll I No. 5193 State of CALIFORNIA I County of SAN DIEGO On 8/23/2002 before me, JOHN G. MALONEY, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER - E.G., *JANE DOE, NOTARY PUBLIC' personally appeared KAREN JEAN HALL NAME(S) OF SIGNER(S) ® personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed """"""""" the same in his /her /their authorized JOHN G. MALONEY ca acit les COMM. #1212977 P Y( ), and that by his /her /their lV NOTARVPUBLIC- CALIFORNIA signature(s) on the instrument the person(s), € °+ SAN DIEGOCOUNTV N or the entity upon behalf of which the MV COMMISSION EXPIRES MARCH 13, 2003 person(s) acted, executed the instrument. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, It could prevent fraudulent reattachment of this form. WITNESS my hand and official seal. IIL Ll SIGNATURE OF NOTARY 'OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Through statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons retying on the document. INDIVIDUAL E] CORPORATE OFFICER(S) TITRE(S) E] PARTNER(S) ❑ LIMITED E] GENERAL ® ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of OmYkA e, ss. On lit. u t ZZi�ZZd2 before me, Data ^� personally appeared Y A (1 MITZYG. MALEK Commission # 1332013 ti Notary Public - Calromia Orange County MY Comm. Expires Nov 27,20( 6(&, N)AVg Pall; Gabor le.g.." one Doe. Notary P IICI personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(Q whose name( is /are subscribed to the within instrument and acknowledged to me that he /shiii4ey executed the same in hisg;et tTM authorized capacity(iA&), and that by his /her,4Heir signature(&) on the instrument the personfs), or the entity upon behalf of which the person(r acted, executed the instrument. W!TNESS my hand and official seal. k e� Signature of Notaryotary PudlIt� 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. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual fS Corporate Officer— Title(s): Partner —C Limited O Gen ❑ Attorney -in -Fact Trustee ❑ Guardian or Conservator 71 Other: Signer Is Number of Pages: SLre+&q Top of thumb here era[ ®1999 Nalional Notary Asocial on • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth. CA 913132402 • www.r aeonalnotary.or9 Prod. No 5907 Peortler Call Toll -Free 1- 800.896 -682] No. OOO i X05 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the °Companies'D, do hereby appoint JOHN G. MALONEY, HELEN MALONEY, MARK D. IATAROLA, KAREN JEAN HALL their true and lawful Attomey(s) -in -Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. IN WITNESS WHEREOF, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001. �aaarrvr4,' 0 tMaygq _,yWTr M0� Jt � Qv oocoggr bc, ci eaAOaV' �'vl AMa pkr ,� tyiy� John H. Craig, Assistant Secretary State of California County of San Diego } ss. INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY John L. Hannum, Executive Vice President On January 16, 2001, before me, Norma Porter, Notary Public, personally appeared John L. Hannum and John H, Craig, personally known to me to be the persons whose names are subscribed to the within instrument, and aclnowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. NORAAA PORTER �e ^ COMM. #1257540 H NOTARY IA [) SAN DIEGOCOUNTY 2 ` - �. 'My Commission 0,04 1 1.711' /(hi „Mt]^br. MARCH 79, 2004 Norma Porter, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s) -in -Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED r JRT= T hci the sigr,:tur °s ott:ae otficen— maldrg tH appcinCnem, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of.those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying.” CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adcyted by the respective Boards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, I have set my hand this 23RD day of AUGUST 2002 John H. Craig, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1- 800 -877 -1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Cannon Real, San Diego, CA 92130-2045 or call (858) 350 -2400. • 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC August 28, 2003 E.A. Mendoza, Inc. 18 Technology Drive, Suite 134 Irvine, CA 92618 Subject: 2002 -2003 Sidewalk, Curb and Gutter Replacement (C -3534) To Whom It May Concern: On June 24, 2003, the City Council of Newport Beach accepted the work of the subject project, and authorized the City Clerk to file a Notice of Completion. The City Clerk's office was also directed to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on July 11, 2003, Reference No. 2003000815415. We apologize that the incorrect bond was sent to you on August 15, 2003, and request that you return it to us so that we can return the correct Labor & Materials Bond to you. If you have any questions, please do not hesitate to contact my office. A self- addressed, stamped envelope is enclosed for your convenience. Thank you for your attention to this matter. Sincerely, y` LaVonne M. Harkless, CMC City Clerk encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 • www.city.newport- beach.ca.us A ' , CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC August 15, 2003 E.A: Mendoza, Inc. 18 Technology Drive, Suite 134 Irvine, CA 92618 Subject: 2002 -2003 Sidewalk, Curb and Gutter Replacement (C -3534) To Whom It May Concern: On June 24, 2003, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code, and to release the Faithful Performance Bond one year after Council acceptance. The Notice of Completion was recorded by the Orange County Recorder on July 11, 2003, Reference No. 2003000815415. The Surety for the contract is Insurance Company of America, and the bond number is 184 4173. Enclosed is the Labor & Materials Payment Bond. Sincerely, � 1f! LaVonne M. Harkless, CMC City Clerk cc: Public Works Department Sean Crumby, Junior Engineer encl. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644-3039, www.city.newport- beach.ca.us BOND NO. 014- 012 -201 * *EXECUTED IN QUADRUPLICATE ** PREMIUM: INCLUDED IN PERFORMANCE BOND. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BALBOA ISLAND PAVEMENT RECONSTRUCTION PHASE 2 CONTRACT NO. 3555 BOND NO. 014 012 201 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of Califomia, by motion adopted, has awarded to SULLY - MILLER CONTRACTING COMPANY, hereinafter designated as the "Principal," a contract for construction of BALBOA ISLAND PAVEMENT RECONSTRUCTION PHASE 2, Contract No. $555 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. 3555 and the terms thereof require the fumishing 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, T.TRERTY MftTUAL INSURANCE COMPANY 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 one hundred thirty -five thousand, five hundred sixty -five and 001100 Dollars ($135,%5.00) 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. 26 . 0 • The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to fite claims under Section 3181 of the Califomta 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 tic) 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 19th day of February , 2003. SULLY MILLER CONTRACTING CO (Principal) LIBERTY MUTUAL INSURANCE COMPANY Name of Surety 8044 Montgomery Road, #137 Cincinnati, OH 45236 Address of Surety (513) 984 -2222 Telephone C� oknz�c Authorized Sigfiat ireTTitle G. ALDRICH, ASST. SE RETARY 6Au Ied Agent Siq Teresa I. Jackson, Attorney in Fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 State of California County of Orange 1W ss. On 2/21/03 before me, DIANE INGRAM - NOTARY PUBLIC (Name and title "Notary Public "), personally appeared G ALDRICH name of signer, (X) personally known to me(or proved to me on the basis of satisfactory evidence)to be the person whose name is subscribed to the within instrument and acknowledged to we that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. k4A.IA' DIANE INGR�M NOTARY PUBLIC (Signature of Notary) (Seal of Notary) OPTIONAL Description of Attached Document Title of Type of Document CONTRACT AND BONDS CITY OF NEWPORT BEACH. Document Date: Number of Pages: Signer Other Than Named Above: None Capacity Claimed by Signer Signer's Name: G. ALDRICH Individual X Corporate Officer- Title: ASST. SECRETARY ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: SULLYn MILLER CONTRACTING COMPANY • i CERTIFICATE OF INCUMBENCY AND RESOLUTION I, Ron Salcido, do hereby certify that I am a Vice President of Sully- Miller Contracting Company, a Delaware corporation, and that as such I have access to and custody of the corporate records and minute books of said corporation. And I do hereby further certify that the following persons are duly elected officers of said corporation. TITLE Chairman of the Board President & CEO Chief Financial Officer & Vice President Vice President Vice President Secretary Assistant Secretary Assistant Secretary Assistant Secretary Assistant Secretary NAME Louis Gabanna R. Bruce Rieser Treasure Tim P. Orchard Ron Salcido Mitchell P. Vigna Peter Pouwels Stewart M.Fuhrmann George Aldrich Mary Lawson Mike Edwards James Wu I further certify that the following is a true and correct copy of a resolution duly adopted by the Board of Directors of said Company at a meeting held on December 22, 2000, and that this'resolution has not been in any way rescinded, annulled or revoked but the same is still in full force and effect: "(AUTHORITY TO EXECUTIVE BIDS AND CONTRACTS) Resolved, that any officer of assistant officer of the Company be and each of them is hereby authorized to execute in the name and on the behalf of this Company under its corporate seal any and all proposals for the sale of products, merchandise and services of this Company and any bids and performance bonds required in the connection there- with, to the United - States and of the State, territories and dependencies of the United States, the District of Columbia, cities, towns, townships, counties, school districts, and to the department, political subdivisions, agencies or wholly -owned corporation thereof, or to any other person." IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this 28 "' day of March 2002. (SEAL) Ron Salcido; Vice President 1100 E. Orangethorpe Ave Ste 200 Anaheim, Ca. 92801 (714) 578 -9600 0 STATE OF California SS. COUNTYOF Orange 19, 2003 PERSONALLY APPEARED Teresa I. L before me, Nine Tapia, Notary Public personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capaciry(ies), and that by his/her /their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature OPTIONAL —NIRIA TAPIA CDPA "A. #1293351 NOTARY PO6LIC- CAUFURNIA ORANGE CGUNTY My Comm, Exp. Feb. S, 2005 This area for Official Notarial Seal Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR EWIn (IES) LIBERTY MUTUAL INSURANCE COMPANY DESCRIPTION OF ATTACHED DOCUMENT LABOR AND MATERIALS PAYMENT BOND TITLE OF TYPE OF DOCUMENT TWO NUMBER OF PAGES FEBRUARY 19, 2003 DATE OF DOCUMENT SULLY - MILLER CONTRACTING COMPANY OTHER THAN NAMED ABOVE ID -1232 (REV. 5/01) ALL - PURPOSE ACKNOWLEDGEMENT 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 r"1 �J Recorded in official Records, County of Orange Torn Daly, Clerk - Recorder 111111111 ililil 11111 1111111111111111111111 NO FEE 2003000815415 09:50am 07111103 214 95 N12 1 000 0.00 0.00 0.00 000 0.00 0.00 0.00 " xempt om recor in ees pursuant to Government CodeVection 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, as Contractor, entered into a Contract on August 27, 2002. Said Contract set forth certain improvements, as follows: 2002 -2003 Sidewalk. Curb and Gutter Replacement (C -3534) Work on said Contract was completed on March 15. 2003, and was found to be acceptable on June 24, 2003, by the City Council, Title to said property is vested in the Owner, and the Surety for said Contract is Insurance Company of the West. ,1 M VERIFICATION N6rks Director Newport Beach I certiq,, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. .' Executed on �-,r� a S O 3 at Newport Beach, California. BY 0e✓ Ci Clerk �J), 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC June 25, 2003 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notices of Completion for the Balboa Island Pavement Reconstruction Phase 2 (C- 3555); the 2002 -2003 Sidewalk, Curb and Gutter Replacement (C- 3534); and the Newport Heights Pavement Overlay (C -3473) Please record the enclosed documents and return to the City Clerk's Office. Thank you. Sincerely, o r L!�nnne CL HarkIss, CIVIC City Clerk Enclosures 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 - www.city.newport- beach.ca.us RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 E "Exempt from recordin fees pursuant to Government Codelection 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, as Contractor, entered into a Contract on August 27 2002. Said Contract set forth certain improvements, as follows: 2002 -2003 Sidewalk, Curb and Gutter Replacement (C -3534 Work on said Contract was completed on March 15. 2003, and was fouhd to be acceptable on June 24. 2003, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Insurance Company of the West. 37 R6rks Director Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on at Newport Beach, California. BY.a✓ Ci Clerk ooc�"'09'ii L911MDU • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT (rb) Agenda Item No. June 24, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Sean Crumby, P.E. 949 - 644 -3311 scrumby@city.newport-beach.ca.us SUBJECT: SIDEWALK, CURB, AND GUTTER REPLACEMENT (2002 — 2003) — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3534 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. DISCUSSION: On August 27, 2002, the City Council authorized the award of 2002 -2003 Sidewalk, Curb and Gutter Replacement contract to EA Mendoza Contracting. The contract provided for the removal and replacement of selected portions of sidewalk, curb and gutter, and the construction of curb access ramps. Substantial work was completed on March 15, 2003. The delay in accepting work was due to two reasons. The curb access ramps were built incorrectly and work was needed to correct the lip at the gutter. Repairs were performed by EA Mendoza to correct these issues thereby completing all construction to the satisfaction of Public Works staff. Also a stop notice was filed by Robertson's, a subcontractor, for the amount of $26,797.10, which is still outstanding. A summary of the contract cost is as follows: Original bid amount: $204,310.00 Actual Bid Quantities: $195,508.20 Total amount of change orders: $2,498.68 Final contract cost: $198,006.88 SUBJECT: Sidewalk, Curb, and r Replacement (2002 - 2003), Completion And A nce of Contract No. 3473 June 24, 2003 Page 2 A single change order in the amount of $2,498.68 was approved for miscellaneous field conditions encountered during construction. Funds for the project were expended from the following account: Description Account No. Amount General Fund 7013 C5100020 $198,006.88 Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines at the time the project was authorized by the City Council. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. The project involved removal and repair of existing sidewalks and curb and gutters. Prepared by: ,A`dO� Sean rumby, P.E. Junior Civil Engineer Submitted by: Steph,aKG. Badum _ (' uoc Works Director ' �' � ` I`i�•'J (CCR { STATE OF CALIFORNIA iRAYDAVIS. Goi,emor DFPARTMF.NT nF INDUSTRIAL RFT.ATTnNR . CA T11 E7� DIVISION OF APPRENTICESHIP STANDARDS a>( LL 455 GOLDEN GATE AVENUE, ST" FLOOR SAN FRANCISCO, CA 94102 H AIRI (415) 703 -4920 Jill 1-7 6 ADDRESS REPLY TO: P.O. Box 420603 San Francisco, CA 94142 NOTICE OF DETERMINATION'OF CIVIL PENALTY May 27, 2003 Earnest Avinia Mendoza LD EA Mendoza, Inc. 18 Technology Drive Suite 134 ��'R.:�„J 9cS011f3'v'ES Irvine, CA 92618 -2311 Re: Sidewalk, Curb Gutter Replacement, Newport Beach DAS Complaint # 2003 -0132 Dear Mr. Mendoza, The Division of Apprenticeship Standards (DAS) has reviewed the complaint filed against EA Mendoza, Inc. for alleged violations of Labor Code Section 1777.5. The allegations include failure to provide notice of contract award information to the applicable Apprenticeship Committee per Title 8 CCR §230, and failure to comply with the required apprentice to journeyman ratio per Title 8 CCR §230.1(a). We received no response from you to our April 4, 2003 Notice of Complaint. Based on all the information and evidence received, and based on all the surrounding facts and circumstances and it is my determination, that you have knowinly violated Labor Code Section 1777.5 by your failure to provide the applicable apprenticeship committee with notice of contract award and by your failure to comply with the required apprentice to journeymen ratio. You were notified of the requirements of LC § 1777.5 by the contract documents you signed with the City of Newport Beach and by copies of the Summary of Requirements, Apprentices on Public Works and Excerpts from the Labor Code on November 30, 2001. You were sent those notices before the bid advertisement date, for this project, of July 17, 2002. 1 0 Pursuant to California Labor Code Section 1777.7, you shall pay as a civil penalty the sum of $1250.00. This penalty is based on an assessment of $50.00 per day for 25 days. You may obtain a review of this Determination by transmitting a written request to the office of the Administrator within thirty (30) days after service upon you of this Determination of Civil Penalty. If the Administrator does not receive a timely request from you for a review of the Determination of Civil Penalty this Order shall become the final order of the Administrator. Future violations of Labor Code Section 1777.5 may result in more severe civil penalties. You may also be denied the right to bid on or receive public works contracts for a period of up to three (3) years. To assist you in complying with the requirements on future public works projects, enclosed are a copy of the Excerpts from the California Labor Code Relating To Apprentices on Public Works (DAS 10 - Rev. 3/01) and a copy of the Summary of Requirements, Apprentices on Public Works (DAS P.W. - 3/01). If you have any questions, please contact Pacia Parker, Apprenticeship Consultant, at 415- 355 -5477. Sincerely, /HENRYy. NUNN III Chief Enclosures Cc: Richard Brain, Cement Masons LU 600 City of Newport Beach File 2 9 0 RELEASE OF STOP NOTICE TO: CITY OF NEWPORT BEACH 3300 NEWPORT BLVD NEWPORT BEACH You are hereby notified that the undersigned claimant releases that certain Stop Notice dated 03/24/03 , in the amount of 26,797.10 against CITY OF NEWPORT BEACHrr y as owner or public body and r _ Ill(�I-lc�t,1� (2611Y7_rfo(1 as prime contractor in connection with the work of impr6vement known as VARIOUS LOCATIONS in the City of NEWPORT BEACH County of ORANGE State of California. Date 06/23/03 Name of Claimant M VERIFICATION rtson's ze I, the undersigned, state: I am the Agent of the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 06/23/03 C d N w n � o 1 \ G^\ V_ at Corona, California. iL`GSG Siqnat-iZre of Claimant or zed Agent) Prime Contractor: E.A. MENDOZA CONTRACTING c Sub Contractor (If Any): Owner or Public Body: CITY OF NEWPORT BEACH Improvement known as VARIOUS LOCATIONS County of ORANGE State of California. J Robertson's, Claimant, a Partnership, furnished certain labor service, equipment or materials used in the above aescri):Led work of improvement. The name of the person or company to =whom claimant furnished service, equipment, or materials is E.A. MENDOZA CONTRACTING The kind of materials furnished or agreed to be furnished • Date 31103 STOP NOTICE concrete, rock and /or sand materials. (California Civil Code Section 3103) Copies Sent To: Total value El Mayor NOTICE TO CITY OF NEWPORT BEACH ❑ Council Mem',er 3300 NEWPORT BLVD NEWPORT BEACH of labor,service,materials actually furnished..$ ❑ Manager (If Private Job -file with responsible officer or pq�so.)ft at 6ff j'd tfurney branch of construction lender administering the construction fundw"or with the owner -CIVIL CODE SECTIONS 3156 -3175) (IF Public Job -file with office of controller,auditor „or other:>_c disbursing officer whose duty it is to make payments under prov ons-cf the contract -CIVIL CODE SECTIONS 3179 -3214) -- Prime Contractor: E.A. MENDOZA CONTRACTING c Sub Contractor (If Any): Owner or Public Body: CITY OF NEWPORT BEACH Improvement known as VARIOUS LOCATIONS County of ORANGE State of California. J Robertson's, Claimant, a Partnership, furnished certain labor service, equipment or materials used in the above aescri):Led work of improvement. The name of the person or company to =whom claimant furnished service, equipment, or materials is E.A. MENDOZA CONTRACTING The kind of materials furnished or agreed to be furnished by claimant was ready mix concrete, rock and /or sand materials. Total value of labor,service,material to be furnished ...... $ 26,797.10 Total value of labor,service,materials actually furnished..$ 26,797.10 Credit for materials returned, if any ......................$ 0.00 Amount paid on account, if any .............................$ 0.00 Amount due after deducting all just credits and offsets .... $ 26,797.10 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of $ 26,797.10 and in addition thereto sums sufficient to cover interest court costs and reasonable costs of litigation, as provided by law. A bond (CIVIL CODE SECTION 3083) is not attached.(BOnd required with Stop Notice served on construction lenders on private jobs -bond not required on public jobs or on Stop Notice served on owner on private jobs) Dated 03/24/03 Name and address of Claimant ROBERTSON'S P.O. Box 1659 Corona, Ca. 92878 909 -685- 00 By Auth razed Agent VERIFICATION I, the undersigned, state: I am the agent of t e claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 03/24/03 at Riverside, ate of ' alifornia. Signature of claimant /Agent U • CITY CLERK 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 a.m. on the 13th day of August 2002, at which time such bids shall be opened and read for 2002 - 2003 SIDEWALK, CURB AND GUTTER REPLACEMENT Title of Project Contract No. 3534 $180,000 Engineer's Estimate phen G. Badum is Works Director Prospective bidders may obtain one set of bid documents at actual cost at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project. "A" For further information, call Sean Crumbv, Proiect Designer at (949) 644 -3315 • a CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2002 - 2003 SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3534 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 CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent 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. The successful bidder's security shall be held until the Contract is executed. Bidders' security shall be returned to unsuccessful bidders within a reasonable time not to exceed 60 calendar days after the successful bidder has signed the Contract. 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 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2002 - 2003 SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3534 TABLE OF CONTENTS NOTICEINVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND ............................................................................... ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ......................................................... .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA ........................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER .............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL.................................................................................... ...........................PR -1 SPECIALPROVISIONS ................................................................. ...........................SP -1 2 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2002 - 2003 SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3534 INSTRUCTIONS TO BIDDERS 1. 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 CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent 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. The successful bidder's security shall be held until the Contract is executed. Bidders' security shall be returned to unsuccessful bidders within a reasonable time not to exceed 60 calendar days after the successful bidder has signed the Contract. 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 3 0 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. 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 by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. 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. 4114b7 A & B Contractor's License No. & Classification E.A. MENDOZA, INC. Bidder SECRETARY Authorized Signature/Title AUGUST 13, 2002 Date [I 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2002 - 2003 SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3534 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 Dollars ($ ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of 2002 - 2003 SIDEWALK, CURB AND GUTTER REPLACEMENT, Contract No. 3534 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 and provide the required original insurance documents for the construction of the project within thirty (30) days (not including Saturday, Sunday, and federal holidays) after the date of the mailing of "Notification 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 2002. Name of Contractor (Principal) Authorized Signatureffitle Name of Surety Authorized Agent Signature Address of Surety Print Name and Title Telephone (Notary acknowledgment of Principal & Surety must be attached) 0 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2002 - 2003 SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO, 3534 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 GREATER AMOUNT BID Dollars ($ 10% ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of 2002 - 2003 SIDEWALK, CURB AND GUTTER REPLACEMENT, Contract No. 3534 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 and provide the required original insurance documents for the construction of the project within thirty (30) days (not including Saturday, Sunday, and federal holidays) after the date of the mailing of "Notification 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 12TH day of AUGUST] , 2002. E.A. MENDOZA, INC. BY: �� SECRETARY Name of Contractor (Principal) Authorized Signature>rtle INSURANCE COMPANY OF THE WEST Name of Surety 11455 EL CAMINO REAL SAN DIEGO, CA 92130 Address of Surety 858/ 350 -2900 Telephone Authorized Agent Signature MARK D. IATAROLA, ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) 10 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of ey J1 el 02- On 3, Z-6 before me, Z 6- el 'do Varre and Titfe Qfi)ffef 0 9 I�Jiiflii 00e Nora 1pubk1i personally appeared PC. ui Y:::� Ypersonally known to me E proved to me on the basis of satisfactory evidence to be the person(s)r- whose nam is subscribed to the within instrument and MITZY G. MALEK # Commission 1332013 acknowledged to me that he/sha4hey executed Public- California Notary the same in his /berfEkeu authorized Z orange County caipaclty(ias} and that by hisiherAlh it FAY ExpiresNov27,2005 signature(s) on the instrument the person(&), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS ?m hand and o icial seal. gi,.kt,�e .1 Nola, ri,,blC 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. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: --, Individual ja Corporate Officer —Title 7 Partner — D. Limited :1 "D Attorney -in-Fact Trustee C' Guardian or Conservato 11 Other: Signer Is Number of ages: TOP Of thumb !,e Generar�4 r ©1988 National N.I., AlSwW.l - 9350 Ue SM M,, M 8.e 2402 - CM11w0h. CA 91313-2402 •P'.. N, 5807 R.rcfe, Call T.11 Fr. 1.800 876 "6827 ICW GROUP No. 0001405 Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies'), do hereby appoint JOHN G. MALONEY, HELEN MALONEY, MARK D. IATAROLA, KAREN JEAN HALL their true and lawful Attomey(s) -in -Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. IN WITNESS WHEREOF, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001. aeYMYy' tMaUq 'NS jO4ePYaq�,e,��is (•.� a SEAL„ n 7oaA D� � 41taMN X4'1 pMa Jobn H. Craig, Assistant Secretary State of CalifornA County of San Diego } Ss. INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY John L. Hannum, Executive Vice President On January 16, 2001, before me, Norma Porter, Notary Public, personally appeared John L. Hammon and John H. Craig, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. NORMA.PORTER COMM. #1257540 rr y . O NA C IA SAN DIEGO COUNTY N 000 y -- y MARCH 19. MAARCH t9. 2004 Norma Porter, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s) -in -Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE 1, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, I have setmy, hand this _12TH dayof AUGUST 2002 John H. Craig, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1- 800 -877 -1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130 -2045 or call (858) 350 -2400. E CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2002 - 2003 SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3534 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. (Use additional sheets if needed) Subcontractor's Name, Address, Telephone # Bid Item Number Description of Work Percent of Total Bid onAi E.A. MENDOZA, INC. (..1 \-� SECRETARY Bidder Authorized Signature/Title 0 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2002 - 2003 SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3534 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. E.A. MENDOZA, INC. FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number CLAIREMONT HIGH SCHOOL & LINDA VISTA ELEMENTARY SCHOOL Project Description PAVEMENT IMPROVEMENTS Approximate Construction Dates: From 6 -17 -02 Agency Name SAN DIEGO U.S.D._-.. --- Contact Person MIKE JONES 10 -15 -02 Telephone (85� 573 -5707 Original Contract Amount $2,144, 20Pinal Contract Amount $ NOT AVAILABLE If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. N/A ri No. 2 Project Name /Number PALMS ELEMENTARY Project Description BB PLAYGROUND RESURFACING Approximate Construction Dates: Front6-14 -02 Agency Name LOS ANGELES UNIFIED SCHOOL DISTRICT Contact Person DIANE KASSIS 9 -01 -02 Telephone (213) 593 -8487 Original Contract Amount $564,100 Final Contract Amount $ NOT AVAILABLE If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. N/A No. 3 Project Name /Number TAPER ELEMETNARY SCHOOL Project Description AC YARD RESURFACING Approximate Construction Dates: From 5 -10 -02 To: 7 -20 -02 Agency Name LOS ANGELES UNIFIED SCHOOL DITRICT Contact Person RODGER HUGHES Telephone 'e13) 217 -5200 Original Contract Amount $293,100 Final Contract Amount $ NOT AVAILABLE If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 9 E No. 4 Project Name /Number GERMAIN STREET ELEMENTARY Project Description AC RESURFACING Approximate Construction Dates: From 5 -10 -02 Agency Name LOS ANGELES UNIFIED SCHOOL DISTRICT 0 To: 7 -15 -02 Contact Person WES OLDAKER Telephone e18) 256 -2921 Original Contract Amount $ 384,100 Final Contract Amount $ NOT AVAILABLE If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. N/A No. 5 Project Name /Number DARBY AVENUE ELEMENTARY Project Description AC RESURFACING Approximate Construction Dates: From 7 -01 -01 Agency Name LOS ANGELES UNIFIED SCHOOL DISTRICT Contact Person W S OLDAKER 10 -01 -01 Telephone (815 256 -2800 Original Contract Amount $567,100 Final Contract Amount $ 567,100 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. N/A 2 r • No. 6 Project Name /Number BUFFUM ELEMENTARY SCHOOL Project Description AC REMOVAL & REPLACEMENT @ PLAYGROUND AREA Approximate Construction Dates: From 8 -01 -01 Agency Name LONG BEACH UNIFIED SCHOOL DISTRICT Contact Person KRISTINA BOHM To 12 -01 -01 Telephone ('62) 426 -5974 Original Contract Amount $433,817 Final Contract Amount $ 433, 817 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. N/A Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractors current financial conditions. E.A. MENDOZA, INC. Bidder 10 y SECRETARY Authorized Signature/Title 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2002 - 2003 SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3534 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of ORANGE ) PAUL MENDOZA being first duly swom, deposes and says that he or she is SECRETARY 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 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. E.A. MENDOZA, INC. SECRETARY Bidder Authorized Signature/Title Subscribed and sworn to before me this 13 a/ W�-�— Notary Public / My Commission Expires: d ✓ph63yr� al�D 11 day of AUGUST 2002. [SEAL] MITZY G. MALEK �. Commio{ ion i 1332013 Nohry Public - Ca.'ornia -' olinys County, NlyCanm E 1ie�Nw2:,_2W . -5 E A M e n d o z a I n c . 18 Technology, Suite 134 Irvie, CA 92618 Phone; (949) 789-9100 Fax: (949) 789-9109 Ernest A. Mendoza Graduate High School (Manual Arts High School) (Superintendent) *Superintendent with Sully Miller from 1961 -1977 *Owner operator from 1977 -1979. *Started E.A. Mendoza, Inc. in 1980. Continues to presently work as owner /superintendent. *Experience in the constriction industry is vast which includes street construction, site development, and miscellaneous type projects. Ernest Mendoza Jr. Graduate High School (Cerritos High School) attended Long Beach City (Vice President) College Business Program and attended Cal State Los Angeles (Majored in Business Administrative). Employed by E.A. Mendoza, Inc. from 1982 to present. Duties include estimating, project management, administrative, and all other office related work. Mike Mendoza Graduate High School (Cerritos High School) attended Cerritos Jr. (Operations Manager) College. Employed by E.A. Mendoza, Inc. from 1980 to present. Experience in the construction industry is vast which includes street construction, site development, and miscellaneous type projects. Well - rounded knowledge obtained from Ernest A. Mendoza. Steve Mendoza Graduate High School (Cerritos High School) attended Cerritos Jr. (Superintendent) College, and USC (Majored in Communications). Employed by E.A. Mendoza, Inc. from 1987 to present. Duties include scheduling of work force, equipment and jobs. Paul Mendoza *Graduate High School (Cerritos High School) (Project Manager) *Attended Cal State Long Beach (Majored in Civil Engineer). *Employed by E.A. Mendoza, Inc. from 1988 to present. Duties include responsibility for all sales, involvement in project management and scheduling. 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of �)" h `. On before me, , 1 V �� G� -, Dart? eme and rte of Officar to g.. 'Jane Doe. Notary ubliel personally appeared �L lAlle i Name(,) f Blgnertel personally known to me _1 proved to me on the basis of satisfactory evidence iNt'7:2:Y �i.r 3 uf'�<i inn S - 1332 013 .` m Califomi a votary PUblir, i Af " tO ;ae County [ to be the person(8rwhose named is/are subscribed to the within instrument and acknowledged to me that he /glht ey executed the same in his /keffFfieir authorized capacity(iebj, and that by his /how„ hew signature(s) on the instrument the person(e} or the entity upon behalf of which the person(a) acted, executed the instrument. WITNESS my Pand and office I s al. �aWre of Notary ubllc 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. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: u Individual Corporate Officer — ... Partner — C: Limited D Attorney -in -Fact Trustee Guardian or Conse Other: Number of Pages: lop o! Ihurnb here Title(s): 11 � trp 5� General vafor Signer Is Representing: I�J 6i 1999 National Notary Aesovadon • 9350 De Soto Ave.. P0. Bow 2402 • Cbar,wooh. GA 91313 -2402 • www natenalentdryot9 Prod No, 5907 Peortla , Gall Tell Pree 1,800,876 6827 nITZY G. MALEK xt r nr"1 iggion #1332013 041l ryeublic - Calffo nia + S J� onnae coaml 'I�IZi01:11.Bplbi -�9 �Ek„,.v' Noy'?' 1ih " ni3-wtr'. iNt'7:2:Y �i.r 3 uf'�<i inn S - 1332 013 .` m Califomi a votary PUblir, i Af " tO ;ae County [ to be the person(8rwhose named is/are subscribed to the within instrument and acknowledged to me that he /glht ey executed the same in his /keffFfieir authorized capacity(iebj, and that by his /how„ hew signature(s) on the instrument the person(e} or the entity upon behalf of which the person(a) acted, executed the instrument. WITNESS my Pand and office I s al. �aWre of Notary ubllc 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. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: u Individual Corporate Officer — ... Partner — C: Limited D Attorney -in -Fact Trustee Guardian or Conse Other: Number of Pages: lop o! Ihurnb here Title(s): 11 � trp 5� General vafor Signer Is Representing: I�J 6i 1999 National Notary Aesovadon • 9350 De Soto Ave.. P0. Bow 2402 • Cbar,wooh. GA 91313 -2402 • www natenalentdryot9 Prod No, 5907 Peortla , Gall Tell Pree 1,800,876 6827 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT L•CY�>,^F�'14. >�.r � . f YFV�.C;" <.. Sa�Tl�•ChC FY n;l��' -Y� N,�.Y.�. � f r, ,"'1 fit.` � - _' M1,�` _. r .. State of California ss. County of � >'�+ h— � D M On U t v� l .20o 1 before me, l "�• r' Oate personally appeared _Y7y_/iit / /,1//I /PN zr A• WZY G. PAALEK Commission 91332013 Notary Public - Califomia 0 Orange County a PAY Canm. Fxyires Ncv27, 2W5 and X personally known to me :1 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that hefsHe {they executed the same in 4 sl /their authorized capacity(ies), and that by Ms/tim /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 and and offici seal. Signi of Notary 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. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Number of Pages: Individual Corporate Officer— Title(s): Partner -1 i Limited C General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: Too of rhumb here 0 1999 National Notary Aasociatio -9350 ne Soto Avil -P.O. BOx2402• Cttatswonh, CA913132402 •www.nationalnolary.nrg Prod. NO. 5907 Reorder Call T01 Free 1800 8766827 • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2002 - 2003 SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3534 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of ORANGE ) PAUL MENDOZA being first duly sworn, deposes and says that he or she is SECRETARY 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 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 per]ury of the laws of the State of California that the foregoing is true and correct. E.A. MENDOZA, INC. Bidder Subscribed and sworn to before me this 13 SECRETARY Authorized Signature/Title a &I W-a- Notary Public �// My Commission Expires: ovlPhbtr oZ aOD 11 day of AUGUST [SEAL] 2002. MITZY G. MALEK Commission $1332013 It r` .a Notary Public - Cai'amis `��My OmfW County Carts. Elias Naw 2', 2'�" " CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2002 - 2003 SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3534 DESIGNATION OF SURETIES Bidders name E.A. MENDOZA, INC. Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): INSURANCE CO OF THE WEST MALONEY & ASSOCIATES INS. SRVCS PO BOX 85563 2434 VINEYARD AVENUE, SUITE 101 SAN DIEGO, CA 92138 ESCONDIDO, CA 92029 858- 350 -2900 760- 738 -2610 FX 760 -6855 CONTACT JOHN G. MALONEY 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2002 - 2003 SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3534 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name E.A. MENDOZA, INC. Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 Current Record Record Record Record Record Year of for for for for for Record 2001 2000 1999 1998 1997 Total 2002 No. of contracts 40 44 40 36 34 31 188 Total dollar Amount of Contracts (in Thousands of $) 15 MIL 11.5 mii 8.7 MIL 7.6 MIL 5.3 MIL 4.9 MIL 53 MIL No. of fatalities 0 0 0 No. of lost Workday Cases 0 0 0 0 0 0 0 No. of lost workday cases involving permanent transfer to another job or termination of employment 0 0 0 0 0 The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. 13 i :� Legal Business Name of Bidder E.A. MMOZA, INC. Business Address: 18 TECHNOLOGY DR. SUITE 134, IRVINE, CA 92618 Business Tel. No.: (949) 789 -9100 State Contractor's License No. and Classification: 411457 A & B Title SECRETARY The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of l bidder / Date AUGUST 13, 20b2- Q 1 Title VICE - PRESIDENT FJ Signature of bidder Date AUGUST 13, 2002 Title SECRETARY Signature of bidder Date Title Signature of bidder Date Title If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2002 - 2003 SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3534 ACKNOWLEDGEMENT OF ADDENDA Bidders name E.A. MENDOZA, INC. The bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Signature of 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2002 - 2003 SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3534 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: E.A. MENDOZA, INC. BUSIneSS Address:-18 TECHNOLOGY DR. SUITE 134, IRVINE, CA 92618 Telephone and Fax Number: (949) 789 -9100 fx(949) 789 -9109 California State Contractor's License No. and Class: 411457 A & B (REQUIRED AT TIME OF AWARD) Original Date Issued: 09/30/80 Expiration Date: 09/30/2003 List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone 18 TECHNOLOGY DR. SUITE 134, ERNEST A. MENDOZA SR.- PRESIDENT IRVINE, CA 92618 (949) 789 -9100 ERNEST MENDOZA JR.- VICE - PRESIDENT " " " " PAUL MENDOZA- SECRETARY " " " " MIKE MENDOZA- TREASURER " " " 1. STEVE MENDOZA- GENERAL MANAGER 11 11 1. " Corporation organized under the laws of the State of CALIFORNIA 16 0 0 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: N/A All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: N/A For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: N/A Provide the names, addresses and telephone numbers of the parties; N/A Briefly summarize the parties' claims and defenses; N/A Have you ever had a contract terminated by the owner /agency? If so, explain. Have you ever failed to complete a project? If so, explain. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for laboE compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.) ?Yes / No Are any claims or actions unresolved or outstanding? Yes No 17 0 0 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. ERNEST MENDOZA JR. ERNEST`A. MENDOZA SR. E.A. MENDOZA, INC. Bidder Went ERE:DENT horized Signat&rWiM SECRETARY/ VICE — PRESIDENT Title AUGUST 13, 2002 Date Subscribed and sworn to before me this 13 day of AUGUST , 2002. [SEAL] I Mf' G Commi"' ssion /133 K Notary Public - cali orn a Orange county 18 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2002 - 2003 SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3534 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 shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND 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. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. 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. 19 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2002 - 2003 SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3534 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 shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND 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. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. 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. 19 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 2002 - 2003 SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3534 CONTRACT THIS AGREEMENT, entered into this day of , 2002, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and E.A. Mendoza, Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: 2002 - 2003 SIDEWALK, CURB AND GUTTER REPLACEMENT Project Description: This work necessary for the completion of this contract consists of removal and disposal, reconstruct P.C.C. sidewalk, curb and gutter, driveways, construct asphalt concrete patchback, root pruning, curb painting, restoration of existing improvements impacted by the work, and construct other incidental items of work. Contract No. 3534 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: A. 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 Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3534, Standard Specifications for Public Works Construction (current adopted 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. B. 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. 20 0 C. COMPENSATION 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 two hundred three thousand, fifty and 00 /100 Dollars ($203,050.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) 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. D. 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. E. 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: Sean Crumby (949) 644 -3315 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: E. A. Mendoza, Inc. 18 Technology Drive Suite 134 Irvine, CA 92618 949 - 789 -9100 949 - 789 -9109 Fax Contractor, by executing this Contract, "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." G. INSURANCE 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. Contractor shall furnish City with original 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 21 Ll 0 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. 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. 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a) Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0002 (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. b) Insurance Services Office Business Auto Coverage form number CA 0002 0287 covering Automobile Liability, code 1 "any auto' and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. c) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. 2. Minimum Limits of Insurance Coverage limits shall be no less than: a) 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. b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. c) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 3. 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. 0 0 0 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverages i. City, its officers, agents, 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. ii. Contractors 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. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, officials, employees and volunteers. iv. 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. v. 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. b) Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, agents, officials, employees and volunteers for losses arising from work performed by Contractor for City. c) 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. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 5. 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 23 0 amount provided that the Work damaged is built in accordance with the plans and specifications. 6. Right to Stop Work for Non - Compliance City shall have the right to direct 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. H. RESPONSIBILITY FOR DAMAGES OR INJURY 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. 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. 3. 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 negligence or willful misconduct of City, its officers or employees. 4. 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. 5. 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 H.3, above. 6. The rights and obligations set forth in this Article shall survive the termination of this Contract. 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. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 9 Ll K. 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. CITY CLERK APP ED AS TO FORM: CITY ATTORNEY 25 CITY OF NEWPORT BEACH A Municipal Corporation 7 By: x ' Mayor E.A. MENDOZA, INC. By. SECRETARY Authorized Signature and Title • Page: 3 of 7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL (ADDENDUM) 2002 — 2003 SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3534 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard Newport Beach, California 92663 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. 3534 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 AND UNIT ITEM DESCRIPTION AND UNIT PRICE WRITTEN IN WORDS UNIT PRICE TOTAL PRICE 1. Lump Sum Mobilization @-\trn Dollars and Cents $ iOpoo.0o Per Lump Sum 'RM _�zJ 100U0'0D 2. Lump Sum Traffic Control @rwo Dollars and Z000 o0 Cents $ $ %CEO �O Per Lump Sum 3. 33,300 S.F. Reconstruction 4" Thick P.C.C. Sidewalk @_ Dollars and Av,je^ Cents $ .2p $ A- -` gyp. Op Per Square 'root f :luserslpbwlsharedlcontractslfy 02 -03102 -03 sidewalk, curb & gutter c- 35341addendum 8 -t.doc A-CORA CERTIFICAT# OF LIABILITY INSUWCI N OPID G DATE(MM /DDNY) 1 08/26/02 PRODUC a THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION The Wooditch Company Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Services, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1 Park Plaza, #400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Irvine CA 92614 AUTHORIZED REPRESENTATIVE Phone:949 -553 -9800 Fax:949- 553 -0670 INSURERS AFFORDING COVERAGE INSURED INSURER StarNet INSURER B: Fireman's Fund Ins. Co. E. A. Mendoza, Inc. Attn: James Mendoza INSURER C: National Union Fire Ins. Co. INSURER D: 18 Technology Ste. 134 Irvine CA 92bi8 INSURER E' 04/01/03 COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OFINSURANCE POLICY NUMBER DATE MM /DD/YY DATE MW�DNY LIMITS AUTHORIZED REPRESENTATIVE GENERAL LIABILITY William S. Wooditc EACH OCCURRENCE $1 000,000 • X COMMERCIAL GENERAL LIABILITY 2SMCC2CPP008704 04/01/02 04/01/03 FIRE DAMAGE (Anyone fire) $300,000 CLAIMS MADE FxI OCCUR MED EXP (Any one person) $ 10,000 PERSONAL B ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GEN1 AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $2,000,000 POLICY i( PRO LOC JECT • AUTOMOBILE LIABILITY ANY AUTO 2SMCC2BAU008404 04/01/02 04/01/03 COMBINED SINGLE LIMIT (Ea aoadent) $1,000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS X X Physical Damage COMP DED $1,000 CO LL DED $1,000 PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE $ 4,000,000 C X I OCCUR FI CLAIMSMADE BE1393176 04/01/02 04/01/03 AGGREGATE s4,00-0,00-0- 8 $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER 8 Leased /Rented MX198401522 04/01/02 04/01/03 Per Item $200,000 Equipment Ded. $2,500 DESCRIPTION OF OPERATI ONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS *Except 10 Day notice of cancellation for non - payment of premium. The City of Newport Beach, its officers, agents, officials, employees, and volunteers are named Additional Insured for General Liability per the attached primary endorsement. RE: 2002 -2003 Sidewalk, Curb and Gutter Replacement; Contract No.3534; EAM Project No. 5143. aipx CERTIFICATE HOLDER I Y I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION CITYNBl SHOULD ANY OFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL OICBAVCRTD MAIL '4Q DAYS WRITTEN City of Newport Beach Public Works Dept. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ' Attn: Shauna Lyn Oyler 3300 Newport Boulevard AUTHORIZED REPRESENTATIVE Newport Beach, CA 92663 William S. Wooditc ACORD 2" (7197) OACORD WRPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 26S (7197) NOTEPAD. INSURED- SNAMeW. A. Mendoza, Inc. •OPPIIDgGLl DATE 08/26/02 Waiver of Subrogation applies to Workers' Compensation. This certificate voids and supersedes the previously issued certificate dated 08/15/02. SIOMMERCIAL GENERAL LIABILO POLICY: 2SMCC2CPP008704 INSURED: E.A. Mendoza Contracting THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- OWNERS LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person of Organization: The City of Newport Beach, its officers, agents, officials, employees, and volunteers RE: 2002 -2003 Sidewalk, Curb and Gutter Replacement; Contract No.3534; EAM Project No. 5143. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) WHO IS INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only as respects to liability arising out of "your work' for that insured by you or for you. This insurance shall apply as primary insurance as respects any person or organization for whom or which you have agreed by written contract or permit to provide insurance on a primary basis. Any other insurance available to such person or organization shall be excess of this insurance and the carrier will not seek contribution from such other insurance maintained by and available to such person or organization. ZV&Z; 6q; William S. Wooditch Authorized Representative CG2010 11 85 Copyright, Insurance Services Office, Inc. 1984 09/10/02 08:55 FAX 949 553 0670 THE WOODITCH CO. • COMMERCIAL AUTO POLICY NUMBER: 2SMCC2BA0008404 INSURED: E.A. Mendoza Contracting THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE Name of Person or Organization: The City of Newport Beach, its officers, agents, officials, employees, and volunteers RE: 2002 -2003 Sidewalk, Curb and Gutter Replacement; Contract No.3534; EAM Project No. 5143. 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 the ownership, maintenance, or use of a covered "auto." ur W , William S. Wooditch Authorized Representative CA 7153 08 07 88 2006/006 SEP- 06- 2002 gFRI/�10 06 AM CAL SURANCE FAX N0. 7149391654 P. 01 Fax #: 1 L(9 — /o + �1 q— 23/ 0 • CERTIFICATE OF INSURANCE i CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beacch.� Date Received: (� ���- Deptd�Copntact Received From: -�- ( a_ a4 2r� Date Completed: CP' Sent to: l yt,.yt 0. By: I c'z" Company /Person required to have certificate: (ft 71-- A �Q. 1. GENERAL LIABILITY A. INSURANCE COMPANY: B. AM BEST RATING (A: VII or greater): x C. ADMITTED Company (Must be California Admitted): Is Company admitted in Califomia? e s ❑ No D. LIMITS (Must be $1 M or greater): What is limit provided? rri i i E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? tzyes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? Yes El G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? s -Vo H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes )`No 1. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. IL AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Srfa t� B. AM BEST RATING (A: VII or greater): >r C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? Yes ❑ No D. LIMITS (Must be $1 M min. BI & PD and $500,000 UM): What is limits provided? E. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? ❑ Yes tR�No F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? Y) Yes ❑ No G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail: per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. B. INSURANCE COMPANY: Oi'W AM BEST RATING (A: VII or greater): C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? 'WYes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? p C] Yes �No IF NO, WHICH ITEMS NEED TO BE COMPLETED? Cld I tTnA 1 rtSy f� nD+ pyoUi Company Profile . Page 1 of 2 Company Profile Ins Ole' INSURANCE COMPANY OF THE WEST PO BOX 85563 SAN DIEGO, CA 92186 -5563 800 - 877 -1111 Agent for Service of Process JAMES III W. AUSTIN, 11455 EL CAMINO REAL SAN DIEGO, CA 92130 -2045 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: NAIC Group #: California Company ID #: Date authorized in California: License Status: Company Type: State of Domicile: 27847 0922 2071 -9 May 17, 1972 UNLIMITED- NORMAL Property & Casualty CALIFORNIA Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the log ssary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS http: / /www4 .insurance.ca.gov /wu/idb_co prof utl.get_co prof?p_EID =5809 09/13/2002 STATE P 0 B CO, CI)X,420807, SAN FRANCIS CA 94142'0807' COMPEN SA'CION -- INSURANCE FUND CERTIFICATE 60 W0'R_KERS',,CdMPENSATI0N INSURANCE AUGUST 26, 2002 POLICY NUMBER: CERTIFICATE EXPIRES `14 CITY OF 'NEWPORT BEACH , PUBLI C WORKS, DEPT. "ATIN: SHAW14A LYNN OYLER 'no" NEWPORT it'VD. NEWPORT BEACH CA 92663 02-03 SIDEWALK CURIV, 03534, EAM JOB 5143: L This is to certify that we have issued .a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below'for the po* period indicated. This policy is not subiect to cancellation by the Fund except uporX& days' advance written notice to the employer. 0 We will also give yo ::%N days! advance notice should this policy be cancelled prior to its normal expiration. This certificate of•insurance is not an insurance policy and does not amend, extend or" after the coverage afforded by the policies listed herein. Notwithstanding any erequirement, term, or condition I of any I contract or other do . cument with respect to:which this certifica"'te,-of insurance maybe issued or may pertain, ,fhe` insurance afforded by. the policies described herein is subject to all the terms o exclusions and conditions of such policies. AUTHORIZED REPRESENTATIVE? PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER:OCCURRENCE,.., ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS-NOTICE EFFECTIVE 04/01/02 IS ATTACHED TO AND' FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 08/20/02 IS ATTACHED TO AND FORMS A PAW Or-THIS POLICY. THIRD PARTY NAME: CITY OF NEWPORT BEACH EMPLOYER F- E:A.' MENDOZA INC 18,TECHNOLOGY-DR IRVINE CA 92618 I : . I r • Page: 4 of -7 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 450 L.F. Reconstruct Type -A P.C.C. Curb & Gutter @ Dollars and Cents $ \`-i�-ioo.00 Per Linear Foot 5. 289 Each Root Prune Existing Tree @ �;Nyk.y Dollars and Cents $ 5auo $ \L\yl)o.co Per Each 6. 700 S.F. Reconstruct P.C.C. Driveway Approach @ Dollars and r Cents $ lD•OO $ 100•oo Per Square Foot 7. 300 S.F. Reconstruct 4 -inch Thick Decorative P.C.C. Sidewalk @ Dollars Qff-, and Cents $ -VY-CF5 $� Per Square Foot \z00 300.00 8. 3 Each. Remove PCC Improvements and Construct PCC Curb Access Ramp per STD - 181 -L -A, Case E @-NANNQN1P_ '\-rjf\aiek Dollars and Cents $ Zty, -.00 $ liaoo Do Per Each f :\users\pbw\shared\contracts \fy 02- 03 \02 -03 sidewalk, curb & gutter c- 3534\addendum 8 -1.doc • • Page: 5 of? ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 9. 5 Each. Remove PCC Improvements and Construct PCC Curb Access Ramp per Detail A @ - Cwe\vL hv4(e& Dollars and Cents $ N2.bo,0o $ jc, QQL?. ©p Per Each 10. 1 Each. Remove PCC Improvements and Construct PCC Curb Access Ramp per Detail B @-- rw, \J2 \n, Dollars and Cents $ \LOO.cx) $ \- Loo-ao Per Each 11. 5 Each. Remove PCC Improvements and Construct PCC Curb Access Ramp per Detail C @ Ors AV0jS?, Dollars and Cents 00 $ 500o .OD Per Each TOTAL PRICE IN WRITTEN WORDS and 22ro Cents AUGUST 13, 2002 Date (949) 789 -9100 £x(949) 789 -9109 Bidder's Telephone and Fax Numbers 411457 A & B Bidder's License No(s). and Classifications) $ Z03250,D0 Total Price (Figures) E.A. MENDOZA, INC. Bidder — �Ll/ \ SECRETARY iddel's Authorized Signature and Title 18 TECHNOLOGY DR. SUITE 134, Bidder's Address f: \users \pbw\shared \contracts \fy 02- 03 \02 -03 sidewalk, curb & gutter c- 3534\addendum 8 -1.doc ! Page: 1 of - CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT e F S ADDENDUM NO. 1 2002 -2003 SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO 3534 DATE: is rks Director y� TO: ALL PLANHOLDERS The following changes, additions, deletions, or clarifications shall be made to the contract documents — all other conditions shall remain the same. PROPOSAL 1. Replace Proposal with attached Proposal: INDEX FOR SPECIAL PROVISIONS 2. Replace Index for Special Provisions with attached Index: SPECIAL PROVISIONS 3. Delete Item No. 5 of Section 9 -3 in its entirety and replace with attached amendments. 4. Add Items No. 8 through No. 11 of attached to Section 9 -3. f: \users \pbw\shared\contracts \fy 02- 03 \02 -03 sidewalk, curb & gutter c-3534\addendum 8 -1.doc 0 APPENDIX • Page: 2 of -7 5. Add to Appendix B: Citywide Curb Access Ramp Construction Program Plan R- 5810-L, Sheets 1 though 9. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. No bid will be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. A MM 7n _ 1-Mr, Bidder's Name (Please Print) AUGUST 13, 2002 Date Authorized Signature & Title f : \users\pbw \shared\contracts \fy 02 -03 \02-03 sidewalk, curb & gutter c- 3534\addendum 8 -1.doc 0 0 1 1 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 4 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS 2002 -2003 SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3534 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.4 Line and Grade 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -2 PROTECTION 5 -7 ADJUSTMENTS TO GRADE 5 -8 SALVAGED MATERIALS SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 1 1 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 4 4 0 0 6 -7.2 Working Days 4 6 -7.4 Working Hours 4 6 -9 LIQUIDATED DAMAGES 5 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 5 7 -7 COOPERATION AND COLLATERAL WORK 5 7 -8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 6 7 -8.8 Steel Plates 6 7 -9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 6 7 -10 PUBLIC CONVENIENCE AND SAFETY 6 7 -10.1 Traffic and Access 6 7 -10.2 Storage of Equipment and Materials in Public Streets 7 7 -10.3 Street Closures, Detours, Barricades 7 7 -10.4 Public Safety 7 7- 10.4.1 Safety Orders 7 7 -10.5 "No Parking" Signs 8 7 -10.6 Street Sweeping Signs 8 7 -10.7 Notices to Residents 8 7 -15 CONTRACTOR'S LICENSES 8 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 8 SECTION 9 MEASUREMENT AND PAYMENT 9 9 -3 PAYMENT 9 9 -3.1 General 9 9 -3.2 Partial and Final Payment 10 PART 2 - -- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 10 201 -1 PORTLAND CEMENT CONCRETE 10 201 -1.1.2 CONCRETE SPECIFIED BY CLASS 10 201 -1.6 MATCHING CONCRETE 10 SECTION 203 BITUMINOUS MATERIALS 10 203 -1 PAVING ASPHALT 10 201 -1.1 General 10 0 0 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 11 300 -1 CLEARING AND GRUBBING 11 300 -1.3 Removal and Disposal of Materials 11 300 -1.3.1 General 11 300 -1.3.2 Requirements 11 300 -1.5 Solid Waste Diversion 11 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 12 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS 12 GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 12 303 -5.1,1 General 12 303 -5.5 Finishing 12 303 -5.5.2 Curb 12 SECTION 308 LANDSCAPE AND IRRIGATION INSTALLATTION 12 308 -1 GENERAL 12 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS 2002 — 2003 SIDEWALK, CURB AND GUTTER REPLACEMENT CONTRACT NO. 3534 INTRODUCTION All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the Plans (Drawing No. INSERT); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including Supplements; (4) Standard Specifications for Public Works Construction (1997 edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE. Add to this section: "The work necessary for the completion of this contract consists of removal and disposal, reconstruct P.C.C. sidewalk, curb and gutter, driveways, construct asphalt concrete patchback; root pruning; curb painting; restoration of existing improvements impacted by the work; and construct other incidental items of work." 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The City will provide construction staking as required to construct the improvements. Any additional stakes or any restaking, or costs thereof, shall be the responsibility of the Contractor. The Contractor shall notify the City in writing two working days in advance of the time that the stakes are needed. The City's Surveyor will file a Corner Record or Record of Survey with the County Surveyor's Office prior to the start of any construction. After completion of all construction, the City's Surveyor will file a Corner Record or Record of Survey with the County Surveyor's Office for any monuments that have been replaced. All existing 0 • SP 2 OF 13 street and property corner monuments are to be preserved. The Contractor will be back - charged for the cost of restoring any survey monument damaged by the Contractor outside the project limits." 2 -9.4 Line and Grade. Add to this section: "All reconstruction work that is longer than 50 feet in length shall be surveyed for positive drainage." 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and protect them during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall have the affected survey monuments restored per records, at his expense. The Contractor's Engineer or Licensed Surveyor shall also file the required Corner Records with the County of Orange upon monument restoration. SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. This Section only applies to work in excess of the estimated quantities shown in the Proposal." 0 • SP3OF13 SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -2 PROTECTION. Add the following: "In the event that an existing pull or meter box or cover is damaged by the work and is not re- useable, the Contractor shall provide and install a new pull or meter box or cover of identical type and size at no additional cost to the City." 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finish grade City - owned water meter boxes, water valve covers, sewer manholes, sewer cleanouts and survey monuments. The Contractor shall coordinate the adjustment of Southern California Edison, The Gas Company, Pacific Bell and cable television facilities to the finish grade with the appropriate utility company. 5 -8 SALVAGED MATERIALS. The Contractor shall salvage all existing meter or valve box covers. The Contractor shall salvage all removed cast iron pipes. Salvaged materials shall be delivered to the City's Utility Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 -3402. SECTION 6 - -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "The time of completion as specified in Section 6 -7, shall commence on the date of the 'Notice to Proceed." No work shall begin until a "Notice to Proceed" has been issued, a pre- construction meeting has been conducted, and a work schedule has been approved by the it • SP 4 OF 13 Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The work done to Lido Isle has the highest priority and shall be completed first, and before any other work is started. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional personnel and equipment were required on the job." The term "work" as used herein shall include all removal of P.C.C. curb and gutter, cross gutters, and asphalt base and pavement, grinding asphalt roadway, construction of P.C.C. curb and gutter, cross gutters, roadway base material, and asphalt concrete roadway, restoration of existing improvements impacted by the work, and construction of other incidental items of work." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within seventy -five (75) consecutive working days after the date on the Notice to Proceed. " It will be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1 st, the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday in November (Thanksgiving), December 24th (Christmas Eve), December 25th (Christmas), and December 31St (New Years Eve). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 8:00 a.m. to 4:30 P.M. Monday through Friday. Should the Contractor elect to work outside normal working hours, he must first obtain special permission from the Engineer. The request may be for 4:30 P.M. to 6:30 P.M. on weekdays or 8:00 A.M. to 6 P.M. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right • • SP5OF13 to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $55.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the time specified in Section 6 -7 -1 for completion of the work, the Contractor shall pay to the City or have withheld from moneys due, the daily sum of $250. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $250 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize inconvenience to residences, businesses, vehicular and pedestrian traffic, and the public as a result of construction operations." SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "City forces will perform all shut downs of water facilities as required. The Contractor shall give the City seven calendar days notice of the time he desires the shut down of facilities to take place. A four -hour shut down of water facilities during the daytime hours of 10:00 a.m. to 2:00 p.m. or a six -hour shut down between the hours of 11:00 p.m. to 5:00 a.m. will be allowed. The Contractor will be responsible for completing all water connections within the time period allowed. The times and dates of any utility to be shut down must be coordinated with the City of Newport Beach, Utilities Department. The City must approve any nighttime work in advance. The Contractor shall provide and install new water meter and valve boxes. All existing water meter or valve box frames and covers shall be salvaged. Salvaged meter or valve boxes and water pipe shall be delivered to the City's Utilities Yard at 949 West 16th Street. The Contractor shall make arrangements for the delivery of salvaged materials by contacting Mr. Ed Burt, Utilities Superintendent, at (949) 718 - 3402." 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use the City's water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." • • SP6OF13 All water used during construction will be paid for by the Contractor. This includes water for flushing pressure testing all lines and water used for irrigation during maintenance period for landscaping." The City does not have any electrical power hook up points in close proximity to most of the work locations. The contractor shall make arrangements for the utilities that he will need for completing the work. 7 -8.6 Water Pollution Control. Add to this section, "Surface runoff water, including all water used during sawcutting operations, containing mud, sift, dyes, or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin, Newport Harbor, the beach, or the ocean. In particular for work on Lido Island, the Contractor shall insure no run -off due to construction, enters the above mentioned areas." 7 -8.8 Steel Plates. The City can provide a limited quantity of steel plates. These plates may be obtained for a rental charge of $15.00 per plate per week or part thereof. In addition the Contractor shall deposit $100 for the use of the City's lifting eye fitting and for the use of trench plates. The Contractor shall obtain plates from and return plates to the City's Utilities Yard at 949 West 16th Street. To determine the number of plates available and to reserve the plates, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (949) 718 -3402. 7 -9 Protection and Restoration of Existing Improvements. Replace the first sentence of the second paragraph with, 'The Contractor shall repair, restore, or reconstruct all existing public and private improvements disturbed or damaged by the work which are not designated for removal. Such restoration work may include, but not be limited to: turf, plants and planters, shrubs, trees, irrigation components, electrical components, fences, brick and brick pavers, concrete, painting of various surfaces, ornaments and other decorative items, property corner survey markings, etc." Replace the last sentence of the third paragraph with, "Lawns shall be repaired with sod identical to the existing type." Add to this section, "The Contractor is advised to keep records of the existing work site conditions prior to the start of any construction work." 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accord with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (W.A.T.C.H) 2001 Edition also published by Building News, Inc." • • SP 7 OF 13 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials and equipment may only be stored in streets, roads, or sidewalk areas if approved by the Engineer. It is the Contractor's responsibility to obtain an area for the storage of equipment and materials. Prior to move -in, the Contractor shall take photos of the laydown area. The Contractor shall restore the laydown area to its pre- construction condition. The Engineer may require new base and pavement if the pavement condition has been compromised during construction." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plan(s) for each street and parking lot. In particular, a detour plan must be made to accommodate pedestrians on Lido Island. The Contractor will be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. All traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), 2001 Edition. The Traffic Control Plans shall be signed and sealed by a California licensed Traffic Engineer. The traffic control and detour plans must meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. 4. The Contractor shall accommodate the City's trash collection. If the Contractor elects to work on a street during its trash collection days, it shall be the Contractor's responsibility to make alternative trash collection arrangements by contacting the city's Refuse Superintendent, Mr. William Russo, at (949) 718 -3468 and all property owners." 7 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." • SPSOF13 7 -10.5 "No Parking" Signs. The Contractor shall furnish, install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Parking Control Division at (949) 644 -3717, for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be similar in design and color to sign R -38 of the CalTrans Uniform Sign Chart. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -10.6 Street Sweeping Signs. After posting temporary "NO- PARKING -TOW AWAY" signs, the Contractor shall cover street sweeping signs, on those streets scheduled for work, with a "PERMIT PARKING ONLY' sign, in a manner approved by the Engineer. Immediately after construction is complete and the street is opened to traffic, the Contractor shall promptly uncover the street sweeping sings and remove the temporary "NO PARKING -TOW AWAY" signs." 7 -10.7 Notices to Residents. Five working days prior to starting work, the Contractor shall deliver a construction notice to the adjacent residents, within 500 feet of the project, describing the project and indicating the limits of construction. The City will provide the notice. Forty -eight hours before the start of any construction, the Contractor shall distribute to the adjacent residents a written notice stating when construction operations will start and what disruptions may occur and approximately when construction will be complete. An interruption of work at any location in excess of 14 calendar days shall require re- notification. The written notices will be prepared by the Engineer. The Contractor shall insert the applicable dates and times when the notices are distributed. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor re- notification using an explanatory letter furnished by the Engineer. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDSIAS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and submitted to the Engineer at the time each progress bill is submitted. . • • SP 9 OF 13 Upon completion of the project, the Contractor shall provide "As- Built' corrections upon a copy of the Plans. The "As- Built' correction plans shall be submitted to the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the item of work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include all preparation and scheduling necessary to complete the work as required by the Contract documents. Item No. 2 Traffic Control: Work under this item shall include the delivery of all required notifications and temporary parking permits, posting of signs and all costs incurred in notifying the residents. In addition this item shall include providing the traffic control required by the project including, but not limited to, preparation of traffic control plans prepared and signed by a California licensed traffic engineer, signs, cones, barricades, flashing arrow sign, K -rail, temporary striping, flagpersons, and shall include furnishing all labor, tools, equipment and materials necessary to comply with the W.A.T.C.H. Manual, 2001 edition, and City of Newport Beach Requirements. Item No. 3 Remove Existing and Construct 4 -Inch Thick P.C.C. Sidewalk: Work under this item shall include removing and disposing of the existing sidewalk, subgrade compaction, constructing the 4 -inch thick P.C.C. sidewalk, repairing any damaged private improvements, and all other work items as required to complete the work in place. Item No. 4 Remove Existing and Construct P.C.C. Curb and Gutter, Type "A ", With 2 -foot Gutter: Work under this item shall include removing and disposing existing curb and gutter, subgrade compaction, reconstruction of P.C.C. curb and gutter (Type A), reconstruction of curb openings for existing curb drains, repainting address bar, construction of minimum 12 -inch wide and 8 -inch deep AC patchback, re- chiseling of curb face for existing underground utilities, restoration of all existing improvements • SP 10 OF 13 damaged by construction, and all other work necessary to remove the existing improvements and construct P.C.C. curb and gutter complete and in place. Item No. 5 Root Prune Existing Tree. Work under this item shall include root pruning, removal and disposal, backfilling the tree wells with a native soil approved by the Engineer, and all other work required to complete the work in place. All existing utilities or other improvements damaged by the work shall be immediately repaired at the expense of the contractor and no additional compensation shall be made. Item No. 6 Reconstruct P.C.C. Driveway Approach. Work under this item shall include sawcut, removal and disposal of existing improvements, compaction of existing subgrade, construction of P.C.C. driveway approach, and all other work necessary to remove the existing improvements and construct the existing driveway approach complete and in place. All existing improvements damaged by construction shall be restored to previous condition. Item No. 7 Remove Existing and Construct 4 -Inch Thick Decorative P.C.C. Sidewalk. Work under this item shall include removing and disposing of existing sidewalk, subgrade compaction, constructing the 4 -Inch thick P.C.C. sidewalk (with thickened edge) and all other work items as required to complete the work in place. New P.C.C. should match existing P.C.C. in color and surface pattern score lines. 9 -3.2 Partial and Final Payment. Add to this section: "Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE, MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: `Portland Cement concrete for construction shall be Class 560 -C -3250. On Via Lido Nord Portland cement concrete shall cure overnight and be ready for surface water the next morning." 201 -1.6 Matching Concrete. Add to this section: "P.C.C. to be reconstructed on Lido Isle must match characteristics of existing P.C.C. including color and diamond pattern scoring lines. SECTION 203 - -- BITUMINOUS MATERIALS 203 -1 PAVING ASPHALT 203 -1.1 General. Add to this section: "All asphalt concrete used on the work shall be III- C3 -AR- 4000." 0 PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.3 Removal and Disposal of Materials 0 SP 11 OF 13 300 -1.3.1 General. Add to this section: "The work shall be done in accordance with Section 300 -1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3 -feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement. 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." And replace the words 1 '/� inch" of the last sentence with the words "two (2) inches ". 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. +' • • SP 12 OF 13 SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 303 -5.1 Requirements 303 -5.1.1 General. Add to this section: 1. All removed work within driveways shall be reconstructed and open for use within three calendar workdays. 2. Driveways must be constructed one half at a time so that garage access is continuously maintained. 3. All P.C.C. sidewalk shall be at least 4- inches thick. 4. All curb and gutter shall be constructed on top of 10 inches of 95 percent relative compacted subgrade. 5. Reconstructed sidewalks shall be opened to public use on the day following concrete placement. 6. All forms shall be removed, irrigations systems shall be repaired, and backfill or patchback shall be placed within 72 hours following concrete placement. 7. All damaged private improvements shall be repaired in -kind to the satisfaction of the respective owner within 72 hours of reconstructed work. 8. P.C.C. work subjected to vehicle loads such as driveways and gutters shall not be opened to traffic until the concrete has been sufficiently cured. The Contractor shall detour traffic around such work until the work is ready for public use." 303 -5.5 Finishing 303 -5.5.2 Curb. Add to this section: "The Contractor shall install or replace curb markings that indicate sewer lateral or water valve locations on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer lateral and a chiseled "V -X" for water valve locations. "X" shall indicate the number of feet from the curb face to the valve. To determine the location of sewer laterals and water services, the Contractor must call the City's Utilities Superintendent, Ed Burt, at 949 - 718 - 3402" SECTION 308 - -- LANDSCAPE AND IRRIGATION INSTALLATION 308 -1 General. Add to this section: "The Contractor is responsible for clearing and grubbing, pruning and removing tree roots that interfere with the work. The Contractor shall submit recommendations by its arborist to the City for review for safely pruning and removing tree roots. No roots shall be pruned of removed unless this submittal is returned to the Contract as satisfactory. Prior to the submittal, the Contractor shall arrange to meet with the City's Urban Forester, Mr. John Conway ((949) 644 -3083) at the site to discuss City standards and requirements. u The submittal shall adhere to the following guidelines: 1. Root Pruning • SP 13 OF 13 b. Whenever possible, root pruning shall only be done on one side of the tree unless specifically authorized by the City's Urban Forester. c. Roots shall be cleanly severed using a root - pruning machine, ax or comparable tool. 2. Arbitrary Root Cut a. A straight cut with a root - cutting machine shall be made. b. The cut shall be a maximum 14" below grade for sidewalks and 26" for curbs, and shall be made as far away from the tree base as possible. 3. Selective Root Pruning a. This process involves selectively removing offending roots when a tree trunk or root flare is less than 2 feet from the sidewalk and /or the size, species or condition of the tree warrants a root cut to be hazardous to the tree or when there is only one minor offending root to be removed and /or the damage is minimal (i.e., only one panel uplifted, etc.). b. Selective root pruning shall be performed with an ax or stump - grinding machine instead of a root - pruning machine. c. All tree roots that are within the sidewalk construction area shall be removed or shaved down. d. Roots greater than two inches in diameter that must be removed, must be pre- approved by the City's Urban Forester. e. Roots shall be selected for removal on the basis that will have the least impact on the health and stability for the tree. EX. RETAINING CURB 4" COLORED AND PATTERNED PCC SIDEWALK %i % rvrvrvrvrrvrvl 'e .• •. EX. PUBLIC BEACH P. L —_ • .4 .. z ' 0 a 4' — — SECTION A -A N N.T.S. "DIAMOND" PATTERN SCORE LINES TO MATCH EXISTING WIDTH, DEPTH, AND LENGTH -�C � EXISTING PUBLIC BEACH A rEX. DRAIN GRATES ^ PLAN VIEW N.T.S. "1 - l 5 - oZ EXISTING HOMES z 0 cn 3 ' Chromix C -21 "Adobe Tan" by L.M. Scofield Co. C -3534 CITY OF NEWPORT BEACH APPROVED PUBLIC WORKS DEPARTMENT 2002 -2003 SW, C &G UBLIC WORKS DIRECTOR REPLACEMENT - R.c.E. 36106 326, 328, and 330 VIA LIDO NORD DESIGNED DRAWN: SC SHEET 1 OF 2 DATE JUNE 2002 1 R- 5807 -L 0 LIST OF WORK LOCATIONS • INO.1 LOCATION STREET NAME AND NO. SIDEWALK SF ) C 8 G (LF ) ACCESS ROOT PRUNING DRIVEWAY APPROACH SF RAMP SF 1 858 Sandcastle Dr. 56 2 866 Sandcastle Dr. 136 1 3 878 Sandcastle Dr. 80 1 150 4 882 Sandcastle Dr. 224 2 5 958 Sandcastle Dr. 60 3 6 924 Sandcastle Dr. 64 4 1 40 7 978 Sandcastle Dr. 30 8 11026 Sandcastle Dr. 140 1 55 9 11030 Sandcastle Dr. 64 10 11038 Sandcastle Dr. 70 1 11 1200 Sandcastle Dr. 96 1 12 1300 Sandcastle Dr. on Buckgully Dr. 208 1 13 1300 Sandcastle Dr. 76 150 14 1306 Sandcastle Dr. 24 15 1312 Sandcastle Dr. 64 1 16 1318 Sandcastle Dr. 68 1 17 1400 Sandcastle Dr. 56 1 18 1412 Sandcastle Dr. 96 1 19 1416 Sandcastle Dr. 84 1 20 1420 Sandcastle dr. 40 21 1424 Sandcastle Dr. 16 22 1436 Key View on sandcastle Dr. 160 2 23 1456 Key View on Sancastle Dr. 160 2 24 1520 Sandcatle Dr. 88 1 25 1524 Sancastle Dr. 116 1 26 3621 Blue Key 125 1 27 3627 Blue Key 128 1 28 3627 Blue Key (Eastside) 240 1 29 3719 Bluie Key 92 1 30 3725 Blue Key 80 30 2 31 3729 Blue Key 40 1 32 3720 Blue Key 56 1 33 3700 Blue Key 56 1 34 3632 Blue Key 68 34 1 35 3628 Blue Key 96 1 36 3610 Blue Key 72 1 37 3606 Blue Key 128 1 38 3600 Blue Key 140 1 39 AF 1551 Sancastle Dr. 72 1 40 1547 Sandcastle 120 1 41 1543 Sandcastle Dr. 96 1 42 1539 Sandcastle Dr. 80 1 43 1535 Sandcastle Dr. 96 1 44 1523 Sandcastle Dr. 108 1 45 1505 Sandcastle Dr. 88 1 46 1444 sandcastle dr. 264 2 47 1444 Sandcastle dr. before Seacrest 96 1 48 AF 1420 Sandcastle Dr. 72 49 AF 1416 Sandcastle Dr. 116 50 AF 1406 Sandcastle Dr. 240 1 51 AF 1318 Sandcastle Dr. 88 1 Page 1 * LIST OF WORK LOCATIONS 0 NO. LOCATION STREET NAME AND NO. SIDEWALK SF ) C & G (LF ) ACCESS RAMP SF ROOT PRUNING DRIVEWAY APPROACH SF 52 IAF 1306 Sandcastle Dr. 128 1 53 AF 1212 Sandcastle Dr. 192 1 54 AF 1200 Sandcastle Dr. 106 55 1112 Sandcastle Dr. 120 56 1014 Sandcastle Dr. 64 57 1010 Sandcastle Dr. 64 1 58 989 Sandcastle Dr. 96 1 59 971 Sandcastle Dr. 64 1 60 939 Sandcastle Dr. 64 1 61 901 Sandcastle Dr. 64 2 62 919 Sandcastle Dr. 32 1 63 887 Sandcastle Dr. 64 1 64 881 Sandcastle dr. 128 65 AF 1001 Tiller Way 45 66 941 Tiller Way 76 67 935 Tiller Way 32 68 929 Tiller Way 72 69 919 Tiller Way 20 70 909 Tiller Way 28 71 901 Tiller way 96 72 3407 Quiet Cove 48 1 73 3343 Quiet Cove 36 74 3449 Quiet Cove 68 75 3418 Quiet Cove 64 1 76 3404 Quiet Cove 16 77 3400 Quiet Cove 20 78 3423 Seabreeze Ln. 24 79 3601 Seabreeze Ln. 72 1 80 3607 seabreeze Ln. 68 20 1 81 13615 Seabreeze Ln. 192 2 82 3621 Seabreeze Ln. 60 1 83 3627 Seabreeze Ln. 106 1 84 3630 Surfview Ln, 92 1 85 3608 Surfview Ln. 64 86 3600 Surfview Ln. 108 1 87 3500 Surfview Ln. 64 1 88 3601 Surfview Ln. 68 89 3607 Surfview Ln. 96 1 90 3620 Seabreeze Ln 76 1 91 3614 Seabreeze Ln 116 1 92 3606 Seabreeze Ln 112 1 93 3600 Seabreeze Ln 124 1 94 3508 Seabreeze Ln. 204 3 95 3500 Seabreeze Ln. 36 1 96 3400 Seabreeze Ln. 128 2 97 3500 Sausalito Dr. 68 2 98 3901 Park Green Dr. 200 1 99 AF 3827 Park Green Dr. 38 100 3822 Key Bay 1 101 3808 Key Bay 1 11A 102 3816 Key Bay Page 2 0 LIST OF WORK LOCATIONS 10 NO. LOCATION STREET NAME AND NO. SIDEWALK SF C & G LF ACCESS ROOT PRUNING DRIVEWAY APPROACH SF RAMP SF 103 1206 Key West 128 1 104 1215 Key West 64 1 105 1207 Key West 120 2 106 1201 Key West 132 2 107 1212 Sand Key 44 1 25 108 1218 Sand Key 72 1 109 AF 3607 Park Green dr. 250 1 1 10 AF 3601 Park Green Dr. 85 1 111 3900 Topside Ln. 100 1 112 3904 Topside Ln. 96 1 113 3808 Topside Ln. 64 1 114 3701 Inlet Isle Dr. 100 115 3707 Inlet Isle Dr. 20 116 3715 Inlet Isle Dr. 162 1 117 3901 Inlet Isle Dr. 62 1 118 3907 Inlet Isle Dr. 22 1 119 4012 Inlet Isle Dr. 68 1 120 1507 Keel Dr. 64 1 121 1501 Keel Dr. 48 1 122 1421 Keel Dr. 184 1 123 1327 Keel Dr. 40 1 124 1233 Keel Dr. 80 1 125 1229 Keel Dr. 144 1 126 1225 Keel Dr. 80 127 1205 Keel Dr. 100 1 128 1206 Keel Dr. 60 1 129 1210 Keel Dr. 1 75 130 1220 Keel Dr. 20 1 131 1226 Keel Dr. 100 1 132 1300 Keel Dr. 56 1 133 1306 Keel Dr. 128 1 134 1314 keel Dr. 80 1 135 1520 Keel Dr. 100 1 136 3601 Catamaran Dr. 64 1 137 3615 Catamaran Dr. 64 1 138 3626 catamaran Dr. 136 1 139 3518 Catamaran Dr. 120 1 140 1537 Keel Dr. 64 1 141 1533 Keel Dr. 100 1 142 1525 Keel dr. 64 1 143 1533 Seacrest Dr. 70 1 144 1425 Seacrest Dr. 160 2 145 1321 Seacrest Dr. 64 1 146 1307 Seacrest Dr. 120 1 147 1200 Seacrest Dr. 64 1 148 1324 Seacrest Dr. 48 1 149 1306 Outrigger Dr. 22 1 150 1426 Outrigger Dr. 204 1 151 1315 Outrigger Dr. 40 36 152 1307 Outrigger Dr. 32 1 153 1215 Outrigger Dr. 108 1 Page 3 0 LIST OF WORK LOCATIONS 0 NO. LOCATION STREET NAME AND NO. SIDEWALK SF ) C & G ILF ) ACCESS ROOT PRUNING DRIVEWAY RAMP SF APPROACH SF 154 1205 Outrigger Dr. 136 1 155 1201 Outrigger Dr. 64 156 4 Mission Bay Dr. 164 2 157 6 Mission Bay Dr. 76 1 158 4 Malibu Bay Cir. 68 159 6 Malibu Bay Cir. 140 1 160 3 Malibu Say Cir. 104 1 161 8 Mission Bay Dr. 80 17 2 162 10 Mission Bay Dr. 80 1 163 12 Mission bay Dr. 76 1 164 14 Mission bay Dr. 40 1 165 16 Mission Bay Dr. 80 1 40 166 18 Mission bay Dr. 76 1 167 20 Mission Bay Dr. 120 2 168 24 Mission bay dr. 136 2 169 26 Mission bay dr. 30 170 34 Mission bay dr. 112 1 171 38 Mission Bay Dr. 120 1 172 40 Mission bay dr. 24 173 44 Mission Bay dr. 140 2 174 AF 31 carmel bay Dr. 70 1 175 23 Point Loma Dr. 64 1 176 9 Point Loma Dr. 76 1 177 5 Point Loma Dr. 140 2 178 1 Point Loma Dr. 32 179 8 Point Loma Dr. 32 1 180 29 Half Moon bay Dr. 64 1 80 181 21 Half Moon bay dr. 48 182 19 Half Moon Bay Dr. 4 183 21 Tiburon bay Dr. 96 2 184 19 Tiburon bay Dr. 20 1 185 15 Tiburon bay Dr. 16 186 9 Tiburon bay dr. 64 187 3 Tiburon bay Dr. 208 3 188 17 Point Sur Dr. 64 1 189111 Point Sur Dr. 64 1 190 5 Point Sur Dr. 40 1 191 3 Point Sur dr. 72 1 192 1 Point Sur Dr. 72 1 193 31 Carmel Bay Dr. 116 1 194 27 Carmel Bay Dr. 200 3 195 25 Carmel bay Dr. 100 1 196 19 Carmel bay Dr. 120 2 197115 Carmel Bay Dr. 166 3 198 9 Carmel bay Dr. 64 1 199 7 Carmel bay Dr. 124 2 200 4 Little River Cir. 24 1 201 1 Little River Cir. 128 2 202 8 Twin lakes Cir. 68 1 203 5 Twin Lakes Cir. 80 1 204,8 Monterey Cir. 32 1 Page 4 0 LIST OF WORK LOCATIONS • NO. LOCATION STREET NAME AND NO. SIDEWALK SF ) 11 C & G (LF ) ACCESS I ROOT PRUNING I DRIVEWAY APPROACH SF RAMP SF 205 12 Monterey Cir. 100 1 206 17 Bodega Bay Dr. 124 17 2 207 5 Bodega Bay Dr. 36 1 208 3 Bodega Bay Dr. 52 1 209 15 San Mateo Way. 44 1 210 5 San mateo Way 60 211 1 San Mateo Way 60 11 212127 Bodega Bay Dr. 216 2 213 1 San martin Way 210 2 214 2 Jade Cove 140 2 215 11 jade Cove 124 1 216 3 Jade Cove 60 1 217 AF 1 San Martin Way. 75 1 218 El Capitan Dr @Arguello Point(northside) 500 1 219 El Capitan Dr. @Crestwood Dr(northside 18 220 El Capitan Dr a Cambria Dr(Northside) 70 1 221 lEI Capitan Dr @ Spyglass Hills Park 250 1 222181 Montecito Dr. 68 1 223 77 Montecito Dr. 60 1 224 75 Montecito Dr. 10 225 67 Montecito Dr. 124 1 226 61 Montecito Dr. 124 1 227 57 Montecito Dr. 68 1 228 49 Montecito Dr. 64 1 229145 Montecito Dr. 48 230 41 MontecitoDr. 180 231 37 Montecito Dr. 104 1 232 31 Montecito Dr. 136 2 233 29 Montecito Dr. 104 1 234 27 Montecito Dr. 88 1 235 25 Montecito Dr. 88 3 236 23 Montecito Dr. 88 1 237 19 Montecito dr. 68 1 23811 Montecito Dr. 88 1 239 4 Drakes bay dr. 40 240 6 Drakes bay Dr. 45 1 241 14 Drakes bay Dr. 128 1 242 20 Drakes bay dr. 100 1 243 26 Drakes bay dr. 68 1 244 34 Drakes bay Dr. 80 1 245 36 Drakes bay Dr. 148 2 246 40 Drakes bay Dr. 76 1 247 44 Drakes bay Dr. 136 2 248 46 Drakes bay dr. 20 249 54 Drakes Bay Dr. 188 2 250 60 Drakes bay Dr.on Port Arguello Dr. 80 1 251 60 Drakes bay Dr. 64 1 252 62 Drakes bay Dr. 40 1 64 Drakes Bay Dr. 140 1 M253 254 53 Goleta Point Dr. 132 29 2 11255151 Goleta Point Dr. 100 1 2 Page 5 * LIST OF WORK LOCATIONS • NO. LOCATION STREET NAME AND NO. SIDEWALK SF ) C & G (LF ) ACCESS RAMP SF ROOT PRUNING DRIVEWAY APPROACH SF 256 47 Goleta Point Dr. 88 1 257 39 Goleta Point Dr. 16 258 29 Goleta Point Dr. 48 1 259 25 Goleta Point Dr. 40 260 19 Goleta Point dr. 116 1 261 11 Goleta Point Dr. 88 2 262 9 Goleta Point Dr. 40 1 263 1 Muro Bay Dr. 19 264 2 Muro bay Dr. 64 1 265 18 Muro bay dr. 76 1 266 28 Muro bay Dr. 132 1 267 AF 15 Muir beach Cr. 120 1 268 9 Muir beach Cr. 68 269 3 Muir Beach Cr. 152 3 270 1 Muir Beach Cr. 176 3 271 6 Rocky Point Rd. 84 1 272 12 Rocky Point Rd. 44 1 273 5 Rocky Point Rd. 36 1 274 3 Rocky Point Rd. 56 1 275 61 Cambria Dr. 68 276 11 Cambria Dr. 108 2 277 9 Cambria Dr. 92 1 278 1 Cambria Dr. 40 1 SB SpyGlass Hills Rd. from San Miguel to San Joaquin 279 # 1 130 280 #2 130 281 # 3 200 282 # 4 56 283 # 5 88 284 # 6 180 1 285 # 7 120 286 # 8 140 287 # 9 130 1 288 # 10 208 1 SB SpyGlass Hills Rd. from San Miguel to San Joaquin 289 # 11 81 1 290 # 12 430 2 291 # 13 200 1 292 # 14 140 293 # 15 100 1 294 # 16 110 1 295 # 17 110 1 296 # 18 60 297 NE corner of Spy Glass Hills Rd. at San Joaquin Hills Road 90 298 SE corner of Spy Glass Hills Rd at El Capitan Drive 180 1 Spy Glass Hills Rd. from El Capitan Dr. to San Miguel Dr. Page 6 0 LIST OF WORK LOCATIONS 0 NO. LOCATION STREET NAME AND NO. SIDEWALK SF ) C & G (LF ) ACCESS I ROOT PRUNING I DRIVEWAY I APPROACH SF RAMP SF 2991# 1 180 300 # 2 80 301 # 3 55 302 # 4 45 303 # 5 80 304 # 6 165 1 305 # 7 90 1 306 # 8 40 307 1 # 9 140 1 13081# 10 147 2 13091# 11 88 Page 7 • AUG z 7 A02 TO: Mayor and Members of the City Council L'3))Y August 27, 2002 CITY COUNCIL AGENDA ITEM NO. 6 FROM: Public Works Department and General Services Department SUBJECT: 2002 -2003 SIDEWALK, CURB AND GUTTER REPLACEMENT - AWARD OF CONTRACT NO. 3534 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3534 to E.A. Mendoza of Irvine, California, for the Total Bid Price of $203,050, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $20,000 to cover the cost of testing and unforeseen work. 4. Authorize a Budget Amendment transferring $40,000 from the General Services Concrete Maintenance Account No. 3130 -8239 to Account No. 7013- C5100020. DISCUSSION: At 11:00 A.M. on August 13, 2002, the City Clerk opened and read the following bids for this project: TOTAL BID AMOUNT $203,050 $205,685 $232,095 $266,150 $276,465 $279,895 The low total bid amount is 6 percent below the Engineer's Estimate of $216,875. The low bidder, E.A. Mendoza, possesses a General Engineering Contractor "A" License as required by the project specifications. E.A. Mendoza has satisfactorily completed similar concrete repair projects for the City. BIDDER Low E.A. Mendoza 2 Ranco Corporation 3 EBS, Inc. 4 Damon Construction 5 S. Parker Engineering 6 W.A. Rasic Construction TOTAL BID AMOUNT $203,050 $205,685 $232,095 $266,150 $276,465 $279,895 The low total bid amount is 6 percent below the Engineer's Estimate of $216,875. The low bidder, E.A. Mendoza, possesses a General Engineering Contractor "A" License as required by the project specifications. E.A. Mendoza has satisfactorily completed similar concrete repair projects for the City. Subject: 2002 -2003 Sidewalk, Curb and Gutter Replacement — Award of Conct No. 3534 August 27, 2002 Page: 2 This contract provides for the following: • Replacement of approximately 300 square feet of decorative sidewalk on Lido Island • Constructing 14 curb access ramps within the Harbor View Hills Community Association • Replacement of 33,300 square feet of sidewalk, 450 linear feet of curb and gutter, 700 square feet of driveway approach, and root pruning of 289 trees within Harbor View Hills South and Spyglass Hill Areas These replacements are necessary to eliminate existing uplifted /displaced public improvements and thereby restore acceptable drainage. There are $185,000 in funds available in Account No. 7013- C5100020 and General Services has agreed to contribute $40,000 from their Concrete Maintenance Account No. 3130 -8239 for this project. Respectfull bmitted, PUB ORKS DEPARTMENT Stephen G. Badum, Director By: Sean Crumby Junior Engineer Attachment: Project Location Map Bid Summary GENERAL SERVICES DEPARTMENT David E. Niederhaus, Director V Q MW W O a LU W Z LL O } H V Z W Q IL W N Y O V J m a N O O N _m N J J ¢ m O p Ill U d 0 0 w Y 0 U N � W U o U U Z H O¢ ¢ U � O w J m mm z z w i w w w aY K w C7 O 2 Q M O N 0 N W FJ- a ui E � � U ry U w in W ¢ K � W Z W Q U O W U W F- Z � Ozcr UWd d N a z Z 0 2 t z Z 0 0 0 0 0 0 0 O O O O 0 0 0 0 0 0 0 O O O O O~ N O p O O N O O O O O 0 0 U Z W O N N N M W O O O wi N mm n o of cp of ci ui O - act F N z ¢ w N 0 U 0 0 0 0 0 0 0 0 0 0 0 U ooin0000 0 0 0 0 N F- N O N m N O O O O d 3 0 0 0 0 0 0 0 0 0 0 0 C7 0 0 0 0 0 0 0 O o o O Z F" O N 0 0 0 O O O O O l' Z O O M N O m O O N O OR OO O 'D W �v<d � � d fo 0 Z ¢ r z N w W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N 0 N 0 0 0 0 0 N m O N 0 ¢~ O O N N O N (L ? O -70 0 0 0 0 0 0 0 0 0 0 0 Z 0 0 0 0 0 0 0 0 0 0 0 o~ 0 0 0 0 0 0 0 0 0 0 0 0 F Z o O o` O O V O O> O N O O O O O N O N O N o O L)7)Wo V W V m m 7 0 CO �i ¢ Cl) N z 0 U 0 0 0 0 0 0 0 0 0 0 0 Z 0. 0 in0000 0 0 0 0 O O O Z 00 0 M O N N N= =m Ld �a O d N a toy of Newport Beach BUDGET AMENDMENT 2002 -03 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations fJ Transfer Budget Appropriations SOURCE: from existing budget appropriations rq from additional estimated revenues from unappropriated fund balance EXPLANATION: NO. BA- 004 AMOUNT: 540,000.00 Increase in Budgetary Fund Balance AND Decrease in Budgetary Fund Balance X No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To transfer budget appropriations for the 2002 -03 Sidewalk, Curb and Gutter Replacement, C -3534. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Signed: Administrative Description Description Amount Debit Credit $40,000.00 $40,000.00 2 eel: AdministralpoServices Director Date �C. rt o ppro I: City Manager Disfe City Council Approval: City Clerk Date Description 3130 Gen Svcs - Field Maintenance 8239 Concrete Materials 7013 Street C5100020 Sidewalk, Curb and Gutter Replacement Amount Debit Credit $40,000.00 $40,000.00 2 eel: AdministralpoServices Director Date �C. rt o ppro I: City Manager Disfe City Council Approval: City Clerk Date Wy of Newport Beach BUDGET AMENDMENT 2002 -03 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations i PX Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: NO. BA- 004 AMOUNT: 540,000.00 Increase in Budgetary Fund Balance AND Decrease in Budgetary Fund Balance PX No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To transfer budget appropriations for the 2002 -03 Sidewalk, Curb and Gutter Replacement, C -3534. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Description Description Signed: Signed: /7".W -y A. Signed: Director City Council Approval: City Clerk 4,17 � 1 L Z Amount Debit Credit $40,000.00 Automatic $40,000.00 - cf -d 2 Date Xa/z o i D —e7 Date Description Division Number 3130 Gen Svcs - Field Maintenance Account Number 8239 Concrete Materials Division Number 7013 Street Account Number C5100020 Sidewalk, Curb and Gutter Replacement Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: /7".W -y A. Signed: Director City Council Approval: City Clerk 4,17 � 1 L Z Amount Debit Credit $40,000.00 Automatic $40,000.00 - cf -d 2 Date Xa/z o i D —e7 Date Ranco Corporation P.O. Box 9007 Brea, CA 92821 Gentlemen: CIfY OF NEWPORT 'PEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 September 17, 2002 Thank you for your courtesy in submitting a bid for the 2002 -2003 Sidewalk, Curb and Gutter Replacement Project (Contract No. 3534) 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 EACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 September 17, 2002 Elite Bobcat Service 1320 E. Sixth, Suite 100 Corona, CA 92879 -1700 Gentlemen: Thank you for your courtesy in submitting a bid for the 2002 -2003 Sidewalk, Curb and Gutter Replacement Project (Contract No. 3534) 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, , �aL LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CIfV OF NEWPORT fEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 September 17, 2002 S. Parker Engineering, inc. 10059 Wippoorwill Avenue Fountain Valley, CA 92708 Gentlemen: Thank you for your courtesy in submitting a bid for the 2002 -2003 Sidewalk, Curb and Gutter Replacement Project (Contract No. 3534) 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 CI4fY OF NEWPORAEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 September 17, 2002 W.A. Rasic Construction Company, Inc. 11126 Wright Road Lynwood, CA 90262 Gentlemen: Thank you for your courtesy in submitting a bid for the 2002 -2003 Sidewalk, Curb and Gutter Replacement Project (Contract No. 3534) 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 NEWPORTREACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 September 17, 2002 Damon Construction Company. 455 Carson Plaza Drive, Unit F Carson, CA 90746 Gentlemen: Thank you for your courtesy in submitting a bid for the 2002 -2003 Sidewalk, Curb and Gutter Replacement Project (Contract No. 3534) 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