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HomeMy WebLinkAboutC-3277(A) - Beacon Bay Assessment District No. 79 Street, Drainage, Lighting, Utility Improvements, and City Sewer Replacement0 g del �) BOND COUNSEL AGREEMENT THIS AGREEMENT made and entered into as of December 14, 2000, by and between the City of Newport Beach, California, a municipality ( "City "), and Robert E. Hessell, attorney -at -law ( "Counsel "), WITNESSETH IT IS HEREBY AGREED by and between Counsel and City as follows: SECTION 1. Obligations of Counsel. Under this agreement, Counsel shall perform legal services for and on behalf of City in connection with the proceedings relating to the formation of an assessment district designated Assessment District No. 79 (the "AD "), and any related bond or other debt issuance by, or for the benefit of, the AD. SECTION 2. Scope of Services. Legal servi,es to be provided by Counsel shall include: (a) attending negotiation sessions and otherwise assist the City staff in the negotiation with utility companies; (b) preparing all resolutions, notices, agreements, bonds, and other papers and documents required in the proceedings; (c) examining the proceedings related to the formation of the AD (d) appearing at all hearings under the proceedings, and attend any other meeting where attendance is requested by the City; (e) reviewing and examining the map showing the boundaries of the AD; (f) reviewing the method and formula utilized by the Assessment Engineer for the apportionment of the special assessment; (g) reviewing the "Report" of the Assessment Engineer; (h) participating with the City's financing team to determine the structure of any bond or similar debt issuance; (i) assisting in the review of those sections of the official statement to be disseminated in connection with the issuance of any series of bonds related to authority and security for the bonds, tax - exemption, legal opinion, litigation, summary of bond indenture, bond purchase agreement or notice of sale and other supporting documentation relating to the offering for sale of any bonds or similar indebtedness; 0) preparing or review any continuing disclosure agreement required under SEC Rule 15c2 -12; (k) consulting with any underwriter, rating agency and credit enhancement provider, and their respective legal counsel, participating in the sale of, or security for, any bonds or similar indebtedness; (1) consulting with any trustee, fiscal agent or paying agent, and their respective legal counsel, participating in the sale of, or security for, any bonds or similar indebtedness; (m) assisting in any ballot proceedings, (n) subject to the completion of the proceedings to Counsel's satisfaction, issuing an approving legal opinion attesting to the validity of the proceedings and the issuance of bonds or similar indebtedness, which legal opini,.n will be addressed to the City and will be delivered by Counsel on the date the bonds are exchanged for their purchase price (the "Closing"); (o) providing any necessary supplemental legal opinions as to the applicability of the registration requirements of federal securities laws and other matters related to the issuance of bonds or similar indebtedness: provided, however, such opinions do not include the rendering of a 10(b)5 opinion regarding any official statement or similar document (p) providing advise and instruction to the City and its staff in connection with any of the foregoing. SECTION 3. Obligations of City. The City shall: A. Furnish to Counsel such maps, records, title searches, filings, reports, certificates and other documents and proceedings, or certified copies thereof, as are necessary or convenient for Counsel to provide Counsel's approving legal opinions. B. Pay Counsel for services rendered pursuant to this agreement as follows: Formation ofAD and Debt Is.,uance. If the AD is formed and bonds or similar indebtedness are issued by or for the benefit of the AD, Counsel shall be paid a fee for all services provided • • under this agreement. The fee shall be computed on the principal amount of each series of bonds or similar indebtedness issued as follows: One -half of one percent (0.5 %) of the principal amount up to $5,000,000; plus one - quarter of one percent (0.25 %) of the principal amount from $5,000,001 to $10,000,000; plus one - eighth of one percent (0.125 %) of the principal amount from $10,000,001 to $20,000,000; plus one - sixteenth of one percent (0.0625 %) of the principal amount above $20,000,001. Notwithstanding the foregoing, the minimum fee shall be $25,000. The fee for each series of bonds or similar indebtedness shall be due and payable upon the occurrence of the Closing of the series. 2. If Debt Is Not Issued. In the event that the AD is formed and debt is not issued for any reason, Counsel shall be paid a fee of $5,000 for all services rendered with respect to the formation of the AD. The fee shall be due and payable upon invoice from Counsel which may be transmitted to the City following a determination that debt will not be issued. 3. Costs and Expenses. In addition to the foregoing, all costs and expenses are to be billed to, and payable by, City. Costs and expenses will be billed at cost except the expenses stated below will be billed as follows: Photocopying: $0.15 per page Mileage: IRS Rate - currently $0.31 /mile (unless over one -half hour and billed hourly) Facsimile: $0.25 per page (sending only) Computer Research: Cost, plus 10% Transcript Preparation: Not to exceed $75 per transcript Bond Preparation: Not to exceed $300 per series of bonds Costs and expenses incurred in connection with the proceedings to form the AD shall be due and payable at the time the fee for the services is due and payable and shall be payable solely from the proceeds of the first issuance of bonds or similar indebtedness, collections from the Assessment District, or any combination thereof. Expenses incurred in connection with the issuance of bonds or similar indebtedness shall be due and payable at the time of the Closing of the issue for which such expenses were incurred and shall be payable from the proceeds of the issue. SECTION 4. Limitation of agreement. Counsel's services under this agreement are limited to those expressly set forth in Section 2 above. Among other things, the scope of services does not include: (a) preparing requests for tax rulings from the Internal Revenue Service, or no action letters from the Securities and Exchange Commission; (b) except as described in Section 2 above, assisting in the preparation or review of an official statement or other disclosure document with respect to any series of bonds, or performing an independent investigation to determine the accuracy, completeness or sufficiency of any such document or rendering advice that the official statement or other disclosure document does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements contained therein, in light of the circumstances under which they were made, not misleading; (c) preparing blue sky or investment surveys with respect to any series of bonds; (d) making an investigation or expressing any view as to the creditworthiness of the bonds; (e) representing the City in Internal Revenue Service examinations or inquiries, or Securities and Exchange Commission investigations; (f) after Closing of any series of bonds, providing the City continuing advice concerning any actions necessary to assure that interest paid on the bonds will continue to be excludable from gross income for federal income tax purposes. SECTION 5. Additional Services. Upon written request of the City, Counsel will provide legal services related to certain appurtenant legal matters, including, but not limited to, the following: (a) preparation of a preliminary official statement and an a final official statement; (b) litigation challenging the validity of (i) the proceedings to form the AD, to authorize the levy of special assessments or to issue bonds or similar indebtedness or (ii) the bonds or similar indebtedness; (c) ongoing review and advice regarding the City's compliance with any applicable continuing disclosure agreement; (d) such other services as the City and Counsel should agree. Counsel, if requested by the City, will prepare a preliminary official statement and a final official statement for a fee of $10,000; Counsel will perform any other services for a fee to be mutually agreed upon before any work is actually performed. SECTION 6. Conflicts. Counsel hereby states that Counsel does not represent clients with adverse interests to the City with respect to any matter within the scope of services to be provided under this agreement. City acknowledges that Counsel represents or has represented many public agencies and, occasionally, underwriters and other entities, and City understands the possibility that during the time of this agreement, one or more of Counsel's present or future clients may have transactions with the City. City also understands the possibility that Counsel may be asked to represent, in an unrelated matter, one or more of the entities involved in the matters contemplated by this agreement. Counsel does not believe that such representation, if it occurs, will adversely affect Counsel's ability to represent the City as provided in this agreement, either because the matters will be sufficiently different from the matters contemplated by this agreement so as to make the representations not adverse to Counsel's representation of the City or because the potential for such adversity is remote or minor and outweighed by the consideration that it is unlikely that advice given to the other client will be relevant to any aspect of the matters contemplated by this agreement. Execution of this agreement signifies the City's consent to Counsel's representation of others consistent with the circumstances described in this paragraph. SECTION 7. Termination. This Agreement may be terminated by either party hereto by mailing written notice thereof to the other party. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first hereinabove written. City of Newport Beach / - Robert E. Hessell el 14 TO: FROM • (-sv - I crry n, i DEC I k APPROVED_ Mayor and Members of The City Council Public Works Department December 12, 2000 CITY COUNCIL AGENDA ITEM NO. io SUBJECT: ADOPT RESOLUTIONS REGARDING THE UNDERGROUNDING OF UTILITIES AND THE CONSTRUCTION OF STREET IMPROVEMENTS IN PROPOSED ASSESSMENT DISTRICT NO. 79 (BEACON BAY) RECOMMENDATIONS: Adopt Resolution No. 2000- 104- Making Findings On A Petition For, Adopting A Map Showing The Proposed Boundaries Of, And Making Appointments For Assessment District No. 79. 2. Adopt Resolution No. 2000- 106 Declaring Intention To Order The Construction Of Certain Improvements In Proposed Assessment District No. 79, Declaring The Improvements To Be Of Special Benefit, Describing The District To Be Assessed To Pay The Costs And Expenses Thereof, And Providing For The Issuance Of Bonds. 3. Adopt Resolution No. 2000- 10b Giving Preliminary Approval To The Report Of The Assessment Engineer, Setting A Time And Place For A Public Hearing And Ordering The Intention Of Assessment Ballot Procedure For Assessment District No. 79, On February 27, 2001. 4. Approve the Special Counsel Agreement with the firm of Robert Hessell, Attorney at Law. HISTORY: Owners of property located in the Proposed Assessment District No. 79 submitted petitions to the City requesting the formation of a special assessment district to underground overhead utilities and reconstruct street improvements within the Beacon Bay development. The City Council appropriated $97,000 to facilitate the undergrounding of utilities on December 8, 1997, in response to petitions submitted by owners representing approximately 68 percent of the assessable property area within Proposed Assessment District No. 79. Edison and Pacific Bell expended $15,500 to prepare engineering plans and submit guaranteed prices to underground the overhead utilities. The assessment engineer expended $81,333 to prepare improvement plans and engineer's report. SUBJECT: ADOPT RESOLUTIRS REGARDING THE UNDERGROUNDING OF UTIIRES AND THE CONSTRUCTION OF STREET IMPROVEMENTS IN PROPOSED ASSESSMENT DISTRICT NO. 79 (BEACON BAY) December 12, 2000 Page 2 DISCUSSION: Proposed Assessment District No. 79 is being formed to convert existing overhead electrical and communication facilities, to underground locations, and for the reconstruction of street and drainage improvements that serve and benefit properties within its boundary. The land within the Beacon Bay community is owned by the City, but is leased to owners of each parcel. The leasehold interests within the boundary of the proposed assessment district will bear the cost of the improvements and all associated proceedings. The procedure recommended is pursuant to Ordinance 2000 -17, and is outlined in the Municipal Improvement Act of 1913. Bonds with a term not to exceed 20 years will be issued under the Municipal Improvement Bond Act of 1915 to represent assessments that are not paid in cash within 30 days after confirmation of the assessment. The total estimated costs for Proposed Assessment District No. 79 are as follows: ITEM ESTIMATED COST Estimated Cost of Construction: $1,419,861.00 Estimated Incidental Costs and Expenses: 8,616.00 Estimated Financing (Bond) Costs: 219.250.00 Estimated Total Cost: $1,647,727.00 The estimate does not include the Federal Income Tax Component of Contribution (ITCC Tax) - which is a betterment tax, because underground utility districts are formed at the request of the community for purposes of community aesthetics and public safety, not for the benefit of a particular customer of the utility in their capacity as customer of the utility. This underground district is not required as a condition for obtaining electrical service. If the Internal Revenue Service (IRS), State, City and /or local government taxing authority determines this project is taxable, Southern California Edison (SCE) will request the City of Newport Beach to reimburse SCE for the full amount of the tax liability - plus interest, penalties, fees, and related costs. Such amounts will be paid to SCE within 60 days after notification of such event by SCE to the City of Newport Beach, The ITCC tax associated with this district is approximately $153,000. The City would be liable for this amount plus penalties if the IRS determines the district is not exempt from the tax. However, the Assistant City Attorney feels it is unlikely that the City will incur any tax liability. In addition to his or her assessment, each property owner will be responsible for converting his or her service connection to receive underground service. The Bond Reserve will be 5 percent for the subject districts. A t. SUBJECT: ADOPT RESOLUTIONOEGARDING THE UNDERGROUNDING OF UTILAAND THE CONSTRUCTION OF STREET IMPROVEMENTS IN PROPOSED ASSESSMENT DISTRICT NO. 79 (BEACON BAY) December 12, 2000 Page 3 Property owners who pay assessments in cash will receive a discount, which represents the cost of issuing and servicing bonds. The City will dedicate underground easements for public utility purposes with the approval of this assessment district. Only overhead utility easements exist at the present time. The following is a tentative schedule for Proposed Assessment District No. 79: ACTION DATE OF ACTION 1. Resolution of Intention December 12, 2000 2. Property Owner Information Meeting January 24, 2001 3. Public Hearing February 27, 2001 4. Public Utilities commence work June 1, 2001 5. Advertise for construction of street and storm drain September 1, 2001 improvement construction 6. Award contract for construction of street and storm October 9, 2001 drain improvements 7. City notifies property owners to install service November 1, 2001 connections 8. Public utilities complete construction and begin November 1, 2001 cable installation 9. Contractor begins street and storm drain November 1, 2001 improvement construction 10. Property owners complete conversions May 1, 2002 11. Public utilities begin to remove overhead structures June 1, 2002 12. Public utilities finish removing poles and overhead August 1, 2002 structures The Assessment Engineer determined there are 69 parcels within the Beacon Bay development that benefit equally by the district and these parcels should have equal assessments. The estimated assessment for each parcel is $23,880.10. 5 SUBJECT: ADOPT RESOLUTIPS REGARDING THE UNDERGROUNDING OF UTIVIES AND THE CONSTRUCTION OF STREET IMPROVEMENTS IN PROPOSED ASSESSMENT DISTRICT NO. 79 (BEACON BAY) December 12, 2000 Page 4 The underground utility plans and specifications were prepared by the public utility companies. The street reconstruction plans were prepared by Willdan Associates. All improvements are to be constructed by the assessment district. Attached is Exhibit "A" showing the boundary of the proposed district, the utilities to be undergrounded, and the street improvements to be reconstructed. A Special Counsel Agreement is necessary in order to retain Special Counsel to provide legal services in connection with processing the assessment proceedings and bond issuance. The Special Counsel Agreement, if approved, will retain Robert Hessell, Attorney at Law, to provide these legal services. The fee is approximately, $25,000, in accordance with the terms of the agreement. The legal fee will be paid through the assessment district. �Res ully su iined, oG�l�n Webb Public Works Director By: / Richard If. Hoffstadt, P.E. Development Engineer Attachments: 1. Exhibit A, Showing District Boundaries 2. Resolution Making Findings On Petition Adopting Proposed Boundary Map And Making Appointments 3. Resolution Of Intention 4. Resolution Passing On Report Of Assessment Engineer, Setting Public Hearing And Ordering Initiation Of Assessment Ballot Procedures 5. Engineer's Report 6. Special Counsel Agreement is )\ � •)�� . b .._■ � § )2 <0 eez M/k LL LU q« 22 �; aw k ; k - /O?S33?q TOO ?3 - /O?S33?q i \ | gOOg3Sq? i D � m z w , \ | � § � E ` ` q � . � . ¢ . \ \ E ) k � � § O � � � | [ � � q \ U £ / D � m z w , \ | 4 § � q � \ � ) � § O � � D � m z w , RESOLUTION NO. RESOLUTION MAKING FINDING ON A PETITION FOR, ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES OF, AND MAKING APPOINTMENTS FOR ASSESSMENT DISTRICT NO. 79 WHEREAS, this legislative body has been presented by certain property owners an executed petition (the "Petition ") requesting the formation of a special assessment district to be designated as ASSESSMENT DISTRICT NO. 79 (BEACON BAY) (the "Assessment District ") to provide for street improvements including resurfacing, curbs, gutters, and storm drains and for the conversion of certain overhead electrical and communication facilities to underground locations as described in the Petition, together with appurtenances and appurtenant work in connection therewith, pursuant to the terms and provisions of Ordinance No. 2000 -17 (the "Ordinance") and the "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code of the State of California (the "Act "), as said Act is modified and supplemented by the Ordinance; WHEREAS, the Development Engineer of the City of Newport Beach has certified to this legislative body as follows: a. the Petition has been signed by owners owning more than sixty percent (60 %) in area of all assessable property within the boundaries of the proposed Assessment District, and b. the Petition is signed by not less than five (5) owners owning lands constituting more than one -half (1/2) in area of all assessable property within the boundaries of the proposed Assessment District. WHEREAS, this legislative body has been presented and has received a map (the "Map ") showing and describing the boundary of the area proposed to be assessed in the Assessment District. NOW, THEREFORE, BE IT Determined, Resolved, and Ordered as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. The Petition shall be retained as a permanent record and remain open to public inspection. SECTION 3. The Map is hereby approved and adopted. The original map of the boundaries of the proposed Assessment District and one copy thereof is to be filed in the Office of the City Clerk. SECTION 4. A certificate shall be endorsed on the original Map and on at least one copy of the Map evidencing the date and adoption of this Resolution, and within fifteen (15) days after the adoption of the Resolution fixing the time and place of hearing on the formation or extent of the Assessment District, a copy of the Map shall be filed with the correct and proper endorsements thereon with the County Recorder, all in the manner and form provided in Section 3 11 1 of the Streets and Highways Code of the State of California. 0 0 SECTION 5. The Development Engineer of the City of Newport Beach is hereby appointed to perform all of the duties and functions of the Superintendent of Streets for the Assessment District as said duties are specified and designated in the Act. The place for recordation of the assessment roll and diagram shall be in the office of the appointed Superintendent of Streets, and said assessment roll and diagram, upon recordation, shall be kept as a permanent record. SECTION 6. The Daily Pilo[ is hereby designated as the newspaper for all publications as required by law and as necessary for the Assessment District proceedings. SECTION 7. The firm of Willdan Associates is hereby appointed the Assessment Engineer for the Assessment District proceedings. SECTION 8. Robert E. Hessell, attorney at law, is hereby appointed to act as Bond Counsel for the Assessment District. SECTION 9. This legislative body hereby authorizes the establishment of a special improvement fund for the Assessment District and into the improvement fund shall be placed all proceeds from the sale of Assessment District bonds and cash collections. In order to expedite the improvements to be made under the Assessment District proceedings and as authorized by law, funds from any available source may be transferred into the special improvement fund. Any funds transferred into the special improvement fund (other than proceeds from the sale of Assessment District bonds and cash collections) shall be deemed a loan to the fund and shall be repaid out of the proceeds of the sale of Assessment District bonds as authorized by Section 10210 of the Streets and Highways Code of the State of California. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Newport Beach, held on the 12th day of December, 2000, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor • RESOLUTION NO. RESOLUTION DECLARING INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS IN PROPOSED ASSESSMENT DISTRICT NO. 79, DECLARING THE IMPROVEMENTS TO BE OF SPECIAL BENEFIT, DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF, AND PROVIDING FOR THE ISSUANCE OF BONDS WHEREAS, this legislative body has instituted proceedings for the formation of a special assessment district designated as ASSESSMENT DISTRICT NO. 79 (BEACON BAY) (hereinafter referred to as the "Assessment District') to provide for street improvements including resurfacing, curbs, gutters, and storm drains and for the conversion of certain overhead electrical and communication facilities to underground locations, together with appurtenances and appurtenant work in connection therewith, pursuant to the terns and provisions of Ordinance No. 2000 -17 (the "Ordinance ") and the "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code of the State of California (the "Act'), as said Act is modified and supplemented by the Ordinance; WHEREAS, the street improvements including resurfacing, curbs, gutters, and storm drains and the conversion of the overhead electrical and communication facilities to underground locations, together with appurtenances and appurtenant work in connection therewith, is to be done to further public safety and to improve community aesthetics; WHEREAS, the City of Newport Beach (the "City") holds the right, title, and interest in and to the area know as Beacon Bay, which area is encompassed by the Assessment District; WHEREAS, the City divided the entirety of the area of Beacon Bay into lots and, pursuant to the approval of the majority of electors voting in elections held on November 3, 1987 and November 3, 1992, the City leased the lots for residential use or common use for periods of fifty years (which leasehold interests are herein referred to as the "Possessory Interests "); WHEREAS, the assessment proceedings for the Assessment District were initiated by owners of the Possessory Interests; NOW THEREFORE, Be it Determined, Resolved, and Ordered by the City Council of the City of Newport Beach (the "City ") as follows: DECLARATION OF INTENTION SECTION 1. The public interest and convenience require, and it is the intention of this legislative body to order, pursuant to the Ordinance and the Act, the construction of the public improvements hereinafter described in and for the Assessment District and to assess the cost thereof against the Possessory Interests specially benefited thereby. DESCRIPTION OF IMPROVEMENTS SECTION 2. The public improvements to be constructed and the manner of the construction are generally described as follows: A. The improvements generally consist of street improvements including resurfacing, curbs, gutters, and storm drains and the conversion of existing overhead electrical and communication facilities to underground locations within the area generally known as Beacon Bay and bounded on the north by the Harbor Island Drive, on the west by Harbor Island Road, on the east by the City marina, and on the south by the Balboa Island Channel, together with appurtenances and appurtenant work thereto, all to serve and specially benefit the properties within Assessment District No. 79. B. All rights -of -way and easements required for the improvements shall be shown upon the plans to be made a part of the Assessment Engineer's Report and to be filed with these proceedings. C. All of the improvements to be constructed are to be installed at the places and in the particular locations, and to the sizes, dimensions and materials, and to the lines, grades and elevations, as shown and delineated upon the plans, profiles and specifications all to be made a part of the Assessment Engineer's Report. D. The description of the improvements contained in this Resolution is general in nature, and the plans and profiles of the work as contained in the Assessment Engineers Report shall be controlling as to the correct and detailed description thereof. DESCRIPTION OF ASSESSMENT DISTRICT SECTION 2. The improvements are of special benefit to the Possessory Interests within the Assessment District, and this legislative body hereby makes the expenses of the construction of such improvements chargeable upon the Assessment District, which is described as follows: All Possessory Interests and other territory in the proposed Assessment District included within the exterior boundary lines shown on the map exhibiting the property specially benefited and proposed to be assessed to pay the costs and expenses of the construction of the work and improvements described above, which map is entitled "PROPOSED BOUNDARIES ASSESSMENT DISTRICT NO. 79 (BEACON BAY)" and was previously approved by this legislative body and is on file with the transcript of these proceedings. For all particulars as to the boundaries of the Assessment District, reference is hereby made to the boundary map. REPORT OF THE ASSESSMENT ENGINEER SECTION 3. The proposed improvements are hereby referred to Willdan Associates (the "Assessment Engineer "), who is hereby directed to make and file a report as required by the Improvement Act, Article XIIID of the Constitution of the State of California, and the Omnibus Proposition 218 Implementation Act (Government Code Section 53750), such report shall be in writing and contain the following: A. Plans and specifications of the improvements proposed to be constructed; B. An estimate of the cost of the construction of the improvements proposed to be constructed, including the cost of the incidental expenses, in connection therewith; 2 0 0 0 C. A diagram showing the Assessment District, which shall also show the boundaries and dimensions of the respective Possessory Interests and other territory within such Assessment District, as the same existed at the time of the passage of this Resolution of Intention, each of which subdivisions shall be given a separate number upon such diagram; D. The proposed assessment of the assessable costs and expenses of the construction of the proposed improvements upon the Possessory Interests in the Assessment District in proportion to the estimated special benefits to be received by the Possessory Interests, respectively, from such improvements. Such assessment shall refer to such Possessory Interests upon such diagram by the respective numbers thereof; E. The description of the improvements proposed to be constructed under these proceedings. When any portion or percentage of the assessable costs and expenses of the construction of the improvements is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated costs and expenses of such construction, and such assessment shall include only the remainder of the estimated costs and expenses. The assessment shall refer to the subdivisions by their respective numbers as assigned pursuant to subparagraph D above. SECTION 4. Notice is hereby given that bonds to represent the unpaid assessments, and bear interest at the rate of not to exceed the current legal maximum rate of 12% per annum, will be issued hereunder in the manner provided in the Improvement Bond Act of 1915 (Streets and Highways Code Section 8500, et seq.) as modified and supplemented by the Ordinance, which bonds shall be issued for a term not to exceed the legal maximum term as authorized by law, namely, thirty -nine (39) years from the second day of September next succeeding twelve (12) months from their date. The provisions of Part 11.1 of the Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds shall apply. The principal amount of the bonds maturing each year shall be other than an amount equal to an even annual proportion of the aggregate principal of the bonds, and the amount of principal maturing in each year, plus the amount of interest payable in that year, will be generally an aggregate amount that is equal each year, except for the first year's adjustment. Pursuant to the provisions of the Improvement Act and specifically Streets and Highways Code Section 10603, the Treasurer is hereby designated as the officer to collect and receive the assessments during the cash collection period. CONSTRUCTION SECTION 5. Except as may otherwise be provided for in the issuance of the bonds described above, all of the improvements shall be constructed pursuant to the provisions of the Act. SURPLUS FUNDS SECTION 6. If any excess shall be realized from the assessment, it shall be used, in such 0 0 amounts as the legislative body may determine, in accordance with the provisions of law for one or more of the following purposes: A. Transfer to the general fund; provided that the amount of any such transfer shall not exceed the lesser of One Thousand Dollars ($1,000,00) or five percent (5 %) of the total from the Improvement Fund; B. As a credit upon the assessment and any supplemental assessment; C. For the maintenance of the improvements; or D. To call bonds. IMPROVEMENTFUND SECTION 7. The legislative body hereby establishes a special improvement fund identified and designated by the name of this Assessment District, and into such Fund monies may be transferred at any time to expedite the construction of the authorized improvements, and any such advancement of funds is a loan and shall be repaid out of the proceeds of the sale of bonds as authorized by law. PROCEEDINGS INQUIRIES SECTION 8. For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person designated below: Richard Hoffstadt, Development Engineer City of Newport Beach P.O. Box 1768 Newport Beach, California 92658 (949) 644 -3324 PUBLIC PROPERTY SECTION 9. All public property shall be subject to assessment in these proceedings. RIGHTS -OF -WAY SECTION 10. The public interest, convenience and necessity requires that certain land, rights -of -way or easements be obtained in order to allow the works of improvement as proposed for this Assessment District to be accomplished. The Assessment Engineer's Report, upon adoption, shall provide certification that the land, rights -of -way or easements have been acquired or will be acquired as part of the construction of the improvements. NO CITY LIABILITY SECTION 11. This legislative body hereby declares the City will not obligate itself to advance available funds from the City treasury to cure any deficiency which may occur in the bond redemption fund for the Assessment District. 4 0 0 ANNUAL ADMINISTRATIVE ASSESSMENT SECTION 12. It is hereby declared that this legislative body proposes to levy an annual assessment pursuant to Section 10204 of the Streets and Highways Code of the State of California, such annual assessment to pay costs incurred by the City and not otherwise reimbursed which result from the administration and collection of assessments and from the administration and registration of assessment bonds and the related bond funds. UTILITY IMPROVEMENTS SECTION 13. Pursuant to Section 10110 of the Streets and Highways Code of the State of California, it is also the intention of this legislative body with respect to the improvements to be owned managed or controlled by any other public agency, regulated public utility, or mutual water company, prior to ordering the construction of improvements, to enter into an agreement with each public utility company or public agency, or any combination thereof with respect to the improvements to be owned, controlled or managed by the utility or agency. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Newport Beach, held on the 12th day of December, 2000, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk ,2. 9 0 RESOLUTION NO. RESOLUTION GIVING PRELIMINARY APPROVAL TO THE REPORT OF THE ASSESSMENT ENGINEER, SETTING A TIME AND PLACE FOR A PUBLIC HEARING AND ORDERING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES FOR ASSESSMENT DISTRICT NO. 79 WHEREAS, this legislative body has instituted proceedings for the formation of a special assessment district designated as ASSESSMENT DISTRICT NO. 79 (BEACON BAY) (hereinafter referred to as the "Assessment District ") to provide for street improvements including resurfacing, curbs, gutters, and storm drains and for the conversion of certain overhead electrical and communication facilities to underground locations, together with appurtenances and appurtenant work in connection therewith, pursuant to the terms and provisions of Ordinance No. 2000 -17 (the "Ordinance ") and the "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code of the State of California (the "Act "), as said Act is modified and supplemented by the Ordinance; WHEREAS, a resolution of intention (the "Resolution of Intention ") for the formation of the Assessment District and the construction of the street improvements and utility conversion was previously adopted by this legislative body; WHEREAS, there has been prepared and filed with this legislative body for its consideration a Report of the Assessment Engineer (the "Report ") as provided for in and required by the Resolution of Intention, Sections 10203 and 10204 of the Act, Article XIIID of the Constitution of the State of California ( "Article XIIID "), and the Proposition 218 Omnibus Implementation Act (commencing with Section 53750 of the Government Code) (the "Implementation Act ") (the Act, Article XIIID, the Ordinance, and the Implementation Act are referred to herein collectively as the "Assessment Law "); NOW, THEREFORE, It is hereby Determined, Resolved, and Ordered as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. The Report is adopted, passed upon, and preliminarily approved, as follows: A. The plans and specifications for the improvements proposed to be constructed, as contained in the Report, are hereby preliminarily approved and adopted; B. The Assessment Engineer's estimate of the itemized and total costs and expenses of the construction of the improvements and of the incidental expenses in connection therewith contained in the Report, and each of them are hereby preliminarily approved and adopted; C. The diagram showing the Assessment District referred to and described in the Resolution of Intention, and also the boundaries and dimensions of the respective possessory interests within the Assessment District, as the same existed at the time of the passage of said Resolution of Intention, each of which have been given a separate number upon the diagram, as contained in the Report, is hereby preliminarily approved and adopted; 1 0 0 D. The proposed assessment upon the several possessory interests in the Assessment District, in proportion to the estimated special benefits to be received by such possessory interests, respectively, from the improvements to be constructed, and of the incidental expenses thereof, as contained in the Report, are hereby preliminarily approved and adopted; E. The descriptions of the improvements to be constructed contained in the Report are hereby preliminarily approved. SECTION 3. The Report shall stand as the Assessment Engineer's Report for the purpose of all subsequent proceedings had pursuant to the Resolution of Intention. SECTION 4. NOTICE IS HEREBY given that the City Council of the City Of Newport Beach will hold a public hearing on the assessment district and the proposed assessments at its regular meeting place, being the Council Chambers at 3300 Newport Boulevard, Newport Beach, California, on February 27, 2001 at 7:00 p.m. Pursuant to the provisions of the Assessment Law, each record owner of property proposed to be assessed has the right to submit an assessment ballot in favor of or in opposition to the proposed assessment. Assessment ballots will be mailed to the record owner of each possessory interest located within the assessment district and subject to a proposed assessment. Each such owner may complete such ballot and thereby indicate their support for or opposition to the proposed assessment. All such ballots must be received by the city clerk at the following address at or before the time set for the close of the public hearing: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 A postmark prior to such date and time will not be sufficient. At the conclusion of the public hearing, the City Council shall cause the assessment ballots timely received to be tabulated. If a majority protest exists, the City Council shall not impose an assessment within the assessment district. A majority protest exists if, upon the conclusion of the public hearing, assessment ballots submitted in opposition to the assessments within the assessment district exceed the ballots submitted in favor of such assessments. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property. SECTION 5. The City Clerk is hereby directed to mail, in the form and manner prescribed in the Assessment Law and at least 45 days prior to the date of the public hearing, notice of the public hearing and the adoption of the Resolution of Intention and of the filing of the Report, together with the assessment ballot materials, to the record owners of all real property proposed to be assessed. SECTION 6. The City Clerk is hereby further directed to file a copy of the proposed boundary map in the Office of the County Recorder within fifteen (15) days of the adoption of this resolution; said 2 0 0 boundary map to be filed in the manner and form as set forth in Division 4.5 of the Streets and Highways Code of the State of California. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Newport Beach, held on the 12th day of December, 2000, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk r • BOND COUNSEL AGREEMENT THIS AGREEMENT made and entered into as of December 12, 2000, by and between the City of Newport Beach, California, a municipality ( "City"), and Robert E. Hessell, attomey -at -law ( "Counsel "), WITNESSETH IT IS HEREBY AGREED by and between Counsel and City as follows: SECTION 1. Obligations of Counsel. Under this agreement, Counsel shall perform legal services for and on behalf of City in connection with the proceedings relating to the formation of an assessment district designated Assessment District No. 79 (the "AD "), and any related bond or other debt issuance by, or for the benefit of, the AD. SECTION 2. Scone of Services. Legal services to be provided by Counsel shall include: (a) attending negotiation sessions and otherwise assist the City staff in the negotiation with utility companies; (b) preparing all resolutions, notices, agreements, bonds, and other papers and documents required in the proceedings; (c) examining the proceedings related to the formation of the AD (d) appearing at all hearings, under the proceedings, and attend any other meeting where attendance is requested by the City; (e) reviewing and examining the map showing the boundaries of the AD; (f) reviewing the method and formula utilized by the Assessment Engineer for the apportionment of the special assessment; (g) reviewing the "Report" of the Assessment Engineer; (h) participating with the City's financing team to determine the structure of any bond or similar debt issuance; (i) assisting in the review of those sections of the official statement to be disseminated in connection with the issuance of any series of bonds related to authority and security for the bonds, tax - exemption, legal opinion, litigation, summary of bond indenture, bond purchase agreement or notice of sale and other supporting documentation relating to the offering for sale of any bonds or similar indebtedness; 0) preparing or review any continuing disclosure agreement required under SEC Rule 15c2 -12; (k) consulting with any underwriter, rating agency and credit enhancement provider, and their respective legal counsel, participating in the sale of, or security for, any bonds or similar indebtedness; (1) consulting with any trustee, fiscal agent or paying agent, and their respective legal counsel, participating in the sale of, or security for, any bonds or similar indebtedness; (m) assisting in any ballot proceedings; (n) subject to the completion of the proceedings to Counsel's satisfaction, issuing an approving legal opinion attesting to the validity of the proceedings and the issuance of bonds or similar indebtedness, which legal opinion will be addressed to the City and will be delivered by Counsel on the date the bonds are exchanged for their purchase price (the "Closing "); (o) providing any necessary supplemental legal opinions as to the applicability of the registration requirements of federal securities laws and other matters related to the issuance of bonds or similar indebtedness; provided, however, such opinions do not include the rendering of a 10(b)5 opinion regarding any official statement or similar document; (p) providing advise and instruction to the City and its staff in connection with any of the foregoing. SECTION 3. Obligations of City. The City shall: A. Furnish to Counsel such maps, records, title searches, filings, reports, certificates and other documents and proceedings, or certified copies thereof, as are necessary or convenient for Counsel to provide Counsel's approving legal opinions. B. Pay Counsel for services rendered pursuant to this agreement as follows: Formation ofAD and Debt Issuance. If the AD is formed and bonds or similar indebtedness are issued by or for the benefit of the AD, Counsel shall be paid a fee for all services 0 0 provided under this agreement. The fee shall be computed on the principal amount of each series of bonds or similar indebtedness issued as follows: One -half of one percent (0.5 %) of the principal amount up to $5,000,000; plus one - quarter of one percent (0.25 %) of the principal amount from $5,000,001 to $10,000,000; plus one- eighth of one percent (0.125 %) of the principal amount from $10,000,001 to $20,000,000; plus one - sixteenth of one percent (0.0625 %) of the principal amount above $20,000,001. Notwithstanding the foregoing, the minimum fee shall be $25,000. The fee for each series of bonds or similar indebtedness shall be due and payable upon the occurrence of the Closing of the series. 2. If Debt Is Not Issued. In the event that the AD is formed and debt is not issued for any reason, Counsel shall be paid a fee of $5,000 for all services rendered with respect to the formation of the AD. The fee shall be due and payable upon invoice from Counsel which may be transmitted to the City following a determination that debt will not be issued. 3. Costs and Expenses. In addition to the foregoing, all costs and expenses are to be billed to, and payable by, City. Costs and expenses will be billed at cost except the expenses stated below will be billed as follows: Photocopying: Mileage: Facsimile: Computer Research: Transcript Preparation Bond Preparation: $0.15 per page IRS Rate - currently $0.31 /mile (unless over one -half hour and billed hourly) $0.25 per page (sending only) Cost, plus 10% Not to exceed $75 per transcript Not to exceed $300 per series of bonds Costs and expenses incurred in connection with the proceedings to form the AD shall be due and payable at the time the fee for the services is due and payable and shall be payable solely from the proceeds of the first issuance of bonds or similar indebtedness, collections from the Assessment District, or any combination thereof. Expenses incurred in connection with the issuance of bonds or similar indebtedness shall be due and payable at the time of the Closing of the issue for which such expenses were incurred and shall be payable from the proceeds of the issue, SECTION 4. Limitation of agreement. Counsel's services under this agreement are limited to those expressly set forth in Section 2 above. Among other things, the scope of services does not include: (a) preparing requests for tax rulings from the Intemal Revenue Service, or no action letters from the Securities and Exchange Commission; (b) except as described in Section 2 above, assisting in the preparation or review of an official statement or other disclosure document with respect to any series of bonds, or performing an independent investigation to determine the accuracy, completeness or sufficiency of any such document or rendering advice that the official statement or other disclosure document does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements contained therein, in light of the circumstances under which they were made, not misleading; (c) preparing blue sky or investment surveys with respect to any series of bonds; (d) making an investigation or expressing any view as to the creditworthiness of the bonds; (e) representing the City in Intemal Revenue Service examinations or inquiries, or Securities and Exchange Commission investigations; (f) M after Closing of any series of bonds, providing the City continuing advice concerning any actions necessary to assure that interest paid on the bonds will continue to be excludable from gross income for federal income tax purposes. SECTION 5. Additional Services. Upon written request of the City, Counsel will provide legal services related to certain appurtenant legal matters, including, but not limited to, the following: (a) preparation of a preliminary official statement and an a final official statement; (b) litigation challenging the validity of (i) the proceedings to form the AD, to authorize the levy of special assessments or to issue bonds or similar indebtedness or (ii) the bonds or similar indebtedness; (c) ongoing review and advice regarding the City's compliance with any applicable continuing disclosure agreement; (d) such other services as the City and Counsel should agree. Counsel, if requested by the City, will prepare a preliminary official statement and a final official statement for a fee of $10,000; Counsel will perform any other services for a fee to be mutually agreed upon before any work is actually performed. SECTION 6. Conflicts. Counsel hereby states that Counsel does not represent clients with adverse interests to the City with respect to any matter within the scope of services to be provided under this agreement. City acknowledges that Counsel represents or has represented many public agencies and, occasionally, underwriters and other entities, and City understands the possibility that during the time of this agreement, one or more of Counsel's present or future clients may have transactions with the City. City also understands the possibility that Counsel may be asked to represent, in an unrelated matter, one or more of the entities involved in the matters contemplated by this agreement. Counsel does not believe that such representation, if it occurs, will adversely affect Counsel's ability to represent the City as provided in this agreement, either because the matters will be sufficiently different from the matters contemplated by this agreement so as to make the representations not adverse to Counsel's representation of the City or because the potential for such adversity is remote or minor and outweighed by the consideration that it is unlikely that advice given to the other client will be relevant to any aspect of the matters contemplated by this agreement. Execution of this agreement signifies the City's consent to Counsel's representation of others consistent with the circumstances described in this paragraph. SECTION 7. Termination. This Agreement may be terminated by either party hereto by mailing written notice thereof to the other party. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first hereinabove written. City of Newport Beach Robert E. Hessell M December 1, 2000 elimi '�nary 'ngineer 's Report Assessent District No. 79 (Beacon Bay) WILLDAN Serving Public Agencies ,9 0 0 CITY OF NEWPORT BEACH PRELIMINARY ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 79 (BEACON BAY) MAYOR John E. Noyes, Jr. MAYOR PRO TEM Gary Adams COUNCIL MEMBERS Ted Ridgeway — Janice A. Debay — Norma Glover Dennis O'Neil — Tom W. Thomson Homer Bludau Don Webb Robert Burnham LaVonne Harkless Dennis Danner City Manager Superintendent of Streets City Attorney City Clerk City Treasurer PRELIMINARY ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 79 (BEACON BAY) CITY OF NEWPORT BEACH TABLE OF CONTENTS Page GENERAL DESCRIPTION OF THE DISTRICT ................................ ..............................1 DESCRIPTIONOF WORK ................................................................ ..............................1 BONDS.............................................................................................. ..............................1 EXHIBIT A PLANS AND SPECIFICATIONS EXHIBIT B COST ESTIMATE EXHIBIT C FACILITIES LOCATION MAP EXHIBIT D ASSESSMENT ROLL EXHIBIT E METHOD OF ASSESSMENT EXHIBIT F ASSESSMENT DIAGRAM EXHIBIT G MAXIMUM ANNUAL ADMINISTRATIVE COST ADD -ON EXHIBIT H RIGHT -OF -WAY CERTIFICATION EXHIBIT I ENVIRONMENTAL PROCEEDINGS CERTIFICATION EAREPORTOU\+ ASSESSMENT DEPT +\ENGINEER'S REPORTWEWPORT BEACMER (NEWPORT BEACN(.DOC Willdan i City of Newport Beach v I, LaVonne Harkless, as City Clerk, do hereby certify that the foregoing assessment, together with the diagram attached thereto, was filed in my office on the _ day of ,200—. City Clerk City of Newport Beach State of California I, LaVonne Harkless, as City Clerk, do hereby certify that the foregoing assessment, together with the assessment diagram attached thereto, was approved and confirmed by the City Council of said City on the _ day of 200_. City Clerk City of Newport Beach State of California I, Donald Webb, as Superintendent foregoing assessment, together with office on the _ day of of Streets of said City, do hereby certify that the the diagram attached thereto, was recorded in my , 200_. Superintendent of Streets City of Newport Beach State of California Willdan ii City of Newport Beach �z PRELIMINARY ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 79 (BEACON BAY) CITY OF NEWPORT BEACH Willdan, Engineer of Work for the City of Newport Beach Assessment District No. 79 (Beacon Bay) (hereinafter referred to as the "District ") makes this report, as directed by the City Council of the City of Newport Beach (hereinafter referred to as the "City ") in accordance with the Resolution of Intention, Resolution No. , and pursuant to the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931 ", which is Division 4 of the Streets and Highways Code of the State of California, the "Municipal Improvement Act of 1913", which is Division 12 of the Streets and Highways Code of the State of California, and Article XIIID of the Constitution of the State of California. The improvements, which are the subject of this report, are briefly described as follows: GENERAL DESCRIPTION OF THE DISTRICT The District improvements are to benefit a contiguous area in the City known as the Community of Beacon Bay located between Pacific Coast Highway and the Balboa Island Channel. The District consists of sixty -nine residential leasehold parcels and three recreational parcels owned by the City. DESCRIPTION OF WORK The improvements proposed for this District consist of the construction and/or acquisition of street, storm drain, and underground utility improvements along Beacon Bay Drive, Cutter Road, Ketch Road, Schooner Road, and Yawl Road located within the Community of Beacon Bay in the City of Newport Beach. Street improvements primarily include construction of curb and gutter, street resurfacing, and speed bump reconstruction. Storm drain improvements primarily include installation of drainage catch basins and installation of storm drains. Undergrounding of utilities primarily include the undergrounding of existing overhead telephone and electrical lines and the upgrading of existing street lighting facilities within the District together with appurtenances and appurtenant work. The details of the District improvements are included in this report as Exhibit A - Plans and Specifications, and as Exhibit B - Cost Estimates. BONDS Bonds representing unpaid assessments, and bearing interest at a rate not -to- exceed twelve - percent (12- percent) per annum, shall be issued in the manner provided by the Improvement Bond Act of 1915 (Division 10, Streets and Highways Code), and the last installment of the bonds shall mature not -to- exceed thirty -nine (39) years from the second day of September next succeeding twelve (12) months from their date. Willclan 1 City of Newport Beach 0 0 This report includes the following attached exhibits: EXHIBIT A — Plans and Specifications. Plans and specifications for improvements to be constructed. Plans and specifications are a part of this report, separately bound, and are available for review at the Office of the City Clerk. EXHIBIT B — Cost Estimate. An estimate of the cost of the improvement. EXHIBIT C — Facilities Location Map. A diagram illustrating the general location of the proposed District facilities. EXHIBIT D — Assessment Roll. An assessment roll showing the amount to be assessed against each parcel of real property within the District. Each parcel is described by Assessor's Parcel Number or other designation. Each parcel is also assigned an "assessment number" for the purposes of this proceeding. EXHIBIT E — Method of Assessment. A statement of the method by which the Assessment Engineer determined the amount to be assessed against each parcel in the District based on special benefits derived by each parcel, receptively, from the District improvements. EXHIBIT F — Assessment Diagram. An assessment diagram showing all of the parcels of real property within the District. The diagram is keyed to Exhibit D by assessment number. EXHIBIT G — Maximum Annual Administrative Cost Add -on. A proposed maximum annual assessment per parcel for costs and expenses for administering the District. EXHIBIT H — Right -of -Way Certification. Certification that the City has secured the easements and right -of -way necessary to complete the improvements. EXHIBIT I — Environmental Proceedings Certification. Certification that the improvements are exempt from provisions of the California Environmental Quality Act and that a Notice of Exemption has been filed. Date 12 -l'oo NO. 30514 EXP. 3 -31 -04 W ILLDAN c (' ,,��.� By David L. Hunt, P.E. Engineer of Work Willdan z City of Newport Beach 26 PRELIMINARY ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 79 (BEACON BAY) CITY OF NEWPORT BEACH EXHIBIT A — PLANS AND SPECIFICATIONS The plans and specifications for the improvements for this District are voluminous and will not be bound in this Report, but by this reference, are incorporated as if attached to this Report. The plans and specifications are on file in the office of the City Engineer /Director of Public Works of the City of Newport Beach. The plans and specifications for this District consist of street, storm drain, and underground utilities improvements. Willdon Exhibit A- 1 City of Newport Beach zS 0 0 PRELIMINARY ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 79 (BEACON BAY) CITY OF NEWPORT BEACH EXHIBIT B — COST ESTIMATE Preliminary Confirmed Description Amount Amount gQNSTRIiCTJ��05 Street Improvements and Appurtenances $284,209 Storm Drain Improvements and Appurtenances $159,240 Undergrounding Utilities Improvements Underground Electrical $463,755 Underground Telephone $270,529 Subtotal Undergrounding Utilities Improvements $734,284 Mobilization $15,000 Engineering Costs (Design, Survey, Soils) $75,000 Subtotal Construction and Project Incidental Costs $1,267,733 120/6 Contingency $152,128 Total Construction Costs: $1,419,861 GENERAL�oDENT/l;LCOSTS Assessment Engineer & Other Engineering Costs $6,333 City Administration $1,000 Printing, Advertising and Notes $500 Contingency (10 %) $783 Total General Incidental Costs $8,616 BOND iSSUTI`COS <. k. Bond Council $25,000 Bond and Official Statement Printing $12,000 Bond Registrar and Paying Agent $1,000 Bond Discount (2.0 %) $32,955 Bond Reserve (5.0 %) $82,386 Capitalized Interest (4.0 %) $65,909 Total Bond Issuance Costs $219,250 TOTAL ESTIMATED COSTS $1,647,727 Cost per Unit (based on 69 SFR units) $23,880.10 Willdan Exhibit B -1 City of Newport Beach qu 0 0 PRELIMINARY ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 79 (BEACON BAY) CITY OF NEWPORT BEACH EXHIBIT C — FACILITIES LOCATION MAP The following is a diagram illustrating the general location of the proposed District facilities. Willclan Exhibit C - 1 City of Newport Beach 21 � 0 z � v ■ � ■ z� , �§ - «k§ &« - 2 , . . - , _ - ul$ o■l - - 0- ou 2IL� - a_ dOzil A_- 7- w w \ \ . , . , " ` f - _3_zf),Af--- , - � - a PRELIMINARY ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 79 (BEACON BAY) CITY OF NEWPORT BEACH EXHIBIT D — ASSESSMENT ROLL An assessment of the total amount of the costs and expenses of the improvements upon the subdivisions of land within the District in proportion to the estimated special benefit to be received by the subdivisions from the improvements, is set forth upon the following Assessment Roll filed with and made part of this Report. The Assessment Roll lists the assessor's parcel numbers within this District by assessment number. The assessment numbers appearing on the Assessment Roll correspond with the subdivisions and parcels of land and their numbers shown on the Assessment Diagram (Exhibit F). 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The statute does not specify the method or formula that should be used to apportion the assessments in special Assessment District proceedings. The responsibility rests with the Assessment Engineer who is appointed for the purpose of analyzing the facts and determining the apportionment (spread) of the assessment obligation. For these proceedings, the City has retained the firm of W illdan. The Assessment Engineer makes his recommendation at the public hearing on the Assessment District, and the final authority and action rest with the City after hearing all testimony and evidence presented at the public hearing. Upon conclusion of the public hearing, the City must make the final action in determining whether or not the assessment spread has been made in direct proportion to the benefits received. It is necessary to identify the benefit that the Works of Improvement will render to the properties within the Assessment District. It is also necessary that the properties receive a special and direct benefit as distinguished from benefit to the general public. Since the residential leasehold parcels within the District are subject to a land lease with the City for a term of fifty years, the approximate useful life of the improvements, the special benefit is deemed to be received entirely by the residential leasehold parcels within the District. Benefit General Benefit The District is a residential community with ingress /egress limited to the intersection of Harbor Island Road and Beacon Bay. All streets within the District are local public streets serving only the residents of the District. Therefore, the District improvements provide no general benefit to the public at large. Special Benefit The improvements to the District include street and storm drain improvements and the undergrounding of existing telephone and electrical utilities. All residential leasehold parcels within the District receive direct and special benefit from the District improvements. The three recreational parcels owned by the City receive no direct and special benefit from Willdan Exhibit E - 1 City of Newport Beach the District improvements. Furthermore, since the flow of storm water along the entrance of Beacon Bay and Cutter Road is being directed away from the residential leasehold parcels and toward the recreational parcels, flooding within the recreational parcels could be worsened should the catch basins improvements become obstructed. As such, the residential leasehold property owners are allocated 100% of the direct and special benefit from the District improvements. The special benefit received by each improvement will be discussed separately. Street and Storm Drain Improvements The street and storm drain improvements to be constructed along Beacon Bay, Cutter Road, Ketch Road, Schooner Road and Yale Road will provide a direct and special benefit to all residential leasehold properties within the District by improving drainage flow away from the properties and reduce ponding of storm water in the streets. This will provide safer streets, better aesthetics and improve ingress /egress into the residential leasehold properties within the District. Under-grounding of Utilities The undergrounding of utilities provide a direct and special benefit to all residential leasehold properties within the District even though there may not be a particular improvement immediately adjacent to a particular parcel. All residential leasehold parcels within the District will benefit from the undergrounding of existing overhead utility poles and lines. The District is composed of narrow, grade level residential streets. Existing overhead utility poles and lines within the streets affect neighborhood streetscapes and the aesthetic quality of the District. Overhead utility poles and lines cause disruption to views for certain residential structures within the District. The removal of overhead utility poles and lines will increase the safety of streets and neighborhood by removing potentially hazardous conditions in the event of a natural disaster. The improvements consist of the removing of physical and visual impediments thus aesthetically enhancing the nature of the District. Based on the uniform configuration of the streets and the relatively standard spacing of the existing overhead utility poles and lines, all residential leasehold parcels within the District will benefit the same from the undergrounding of existing overhead poles and lines. The District improvements render a direct and special benefit to the residential leasehold parcels located within the District and the levy of a special assessment for the improvements is appropriate. Method of Assessment A review of the District parcels and parcel configurations, as provided by the County Assessor and the City, was made in connection with determining the method of assessment for the District. The District is comprised of sixty-nine single - family residential leasehold parcels and three recreational/homeowner's association parcels. The single - family residential structures are all located at street level and are all relatively the same lot size and configuration. All such parcels within the District receive an equal Willdon Exhibit E - 2 City of Newport Beach benefit from the District improvements and will be assessed equally. The recreational/homeowners parcels, as discussed under Special Benefit above, receive little or no special benefit from the District improvements and will not be assessed for the District improvements. The following are the two (2) basic types of parcels within the District: Units Assigned SFR - Single- family residential leasehold parcels 1.0 COM - Common area or recreational use parcels 0 Assessment Calculation The assessment levy to each SFR parcel will be calculated by dividing total District improvement costs plus financing costs by the total SFR units. The cost of the District improvements plus financing costs is estimated to be $1,647,727. Individual Assessments The individual assessments are tabulated for each Assessor's Parcel Number, as shown on Exhibit D - Assessment Roll, which is on file with the City Clerk of Newport Beach. In conclusion, it is my opinion that the assessments for Underground Utility Assessment District No. 79 (Beacon Bay) are allocated in accordance with the benefits which the land received from the Works of Improvement. W ILLDAN Date 12--l-00 By David L. Hunt, P.E. QPOFESSIO,yq Assessment Engineer tip' pP' N0. N1'p� cy 30514 EXP. 3 -31 Willdon Exhibit E - 3 City of Newport Beach 0 0 PRELIMINARY ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 79 (BEACON BAY) CITY OF NEWPORT BEACH EXHIBIT F — ASSESSMENT DIAGRAM The Assessment Diagram in a reduced -scale format is as follows. Willdan Exhibit F - 1 City of Newport Beach � % k � # ?30000 (D(D(D O &_ - - - X000 ? ?(D c2 -c2\ ' oK. " -a O ; ■2 ).. K (w� 7% §k � , «§ « k � # ?30000 (D(D(D O &_ - - - X000 ? ?(D O . ).. � , � � § k � � � � = . k } � & � § & s d � � • || . ).. , � � 0 0 PRELIMINARY ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 79 (BEACON BAY) CITY OF NEWPORT BEACH EXHIBIT G — MAXIMUM ANNUAL ADMINISTRATIVE COST ADD -ON In addition to or as a part of the assessment lien levied against each parcel of land within the District, each parcel of land shall also be subject to an annual administrative cost add - on to pay costs incurred by the City and not otherwise reimbursed which results from the administration and collection of assessments or from the administration or registration of any bonds and/or reserve or other related funds. The maximum total amount of such annual administrative cost add -on for the entire Assessment District will not exceed 5% of the annual debt service on the bonds, subject to an increase annually by the positive change, if any, in the consumer price index for the Los Angeles area. Each assessed parcel's share of the administrative cost add -on shall be computed by dividing the total annual administrative cost by the total number of assessed parcels. Willdan Exhibit G - 1 City of Newport Beach PRELIMINARY ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 79 (BEACON BAY) CITY OF NEWPORT BEACH EXHIBIT H — RIGHT -OF -WAY CERTIFICATION The following is a certification that the City has secured the easements and right -of -way necessary to complete the improvements. Willdan Exhibit H - 1 City of Newport Beach 9 0 CITY OF NEWPORT BEACH ASSESSMENT DISTRICT NO 79 (Beacon Bay) RIGHT -OF -WAY CERTIFICATE CITY OF NEWPORT BEACH COUNTY OF ORANGE STATE OF CALIFORNIA The undersigned hereby CERTIFIES UNDER PENALTY OF PERJURY that the following is true and correct. At all times herein mentioned, the undersigned was, and now is, the duly appointed SUPERINTENDENT OF STREETS of the CITY OF NEWPORT BEACH, CALIFORNIA. That there have now been instituted proceedings under the provisions of the "Municipal Improvement Act of 1913," being Division 12 of Streets and Highways Code of the State of California, for the construction of certain public improvements in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 79 (Beacon Bay) (hereinafter referred to as the "Assessment District "). THE UNDERSIGNED STATES AND CERTIFIED AS FOLLOWS: That all easements, right -of -way, or land necessary for the accomplishment of the works of improvement for the above - referenced Assessment District have been obtained and are in the possession of the City. It is further acknowledged that works of improvement as proposed to be constructed within said Assessment District must be constructed within public right -of -way, land, or easements as owned by said City at the time of the construction of the works of improvements. EXECUTED this day of , 20_, at Newport Beach, California SUPERINTENDENT OF STREETS CITY OF NEWPORT BEACH STATE OF CALIFORNIA no 0 01 PRELIMINARY ENGINEER'S REPORT ASSESSMENT DISTRICT NO. 79 (BEACON BAY) CITY OF NEWPORT BEACH EXHIBIT I — ENVIRONMENTAL PROCEEDINGS CERTIFICATION The following is a certification that the improvements are exempt from provisions of the California Environmental Quality Act and that a Notice of Exemption has been filed. Wilidon Exhibit i - I City of Newport Beach CITY OF NEWPORT BEACH ASSESSMENT DISTRICT NO 79 (Beacon Bay) CERTIFICATION OF COMPLETION OF ENVIRONMENTAL PROCEEDINGS CITY OF NEWPORT BEACH COUNTY OF ORANGE STATE OF CALIFORNIA The undersigned, under penalty of perjury, CERTIFIES as follows: The improvements to be constructed under the proceedings in Assessment District No. 79 are categorically exempt from the provisions of the California Environmental Quality Act (CEQA) under the provisions of Paragraph 15302, Class 2 (d) of "Guidelines for Implementation of the California Environmental Quality Act," as adopted by the Secretary for Resources of the State of California, June 1992. 2. The undergrounding to be done under Assessment District No. 79 is categorically exempt from the requirement for the preparation of environmental documents under the California Environmental Quality Act guidelines because the Secretary of Resources has found that conversion of overhead electric utility distribution system facilities to underground locations where the surface is restored to the condition prior to the undergrounding, does not have a significant effect on the environment, and are declared to be categorically exempt. 3. A Notice of Exemption has been filed in the office of the County Clerk of Orange County, California. A copy of the Notice of Exemption is attached. 4. All environmental evaluation proceedings necessary for the formation of Assessment District No. 79 have been completed to my satisfaction, and no further environmental proceedings are necessary. EXECUTED this day of , 20_, at Newport Beach, California PATRICIA L. TEMPLE PLANNING DIRECTOR CITY OF NEWPORT BEACH STATE OF CALIFORNIA oti �i C`-rY OF NEWPORT BEA ^H � �r PO c V T • 6m ® 3300 Newport Boulevard - P.O. Bo: 176 i 8 • I L ` Newport Beach. CA 92658 -9915 MAR 2 3 2006 (714) 644.3311 MAR 2 P 2000 GARY L. EE, aerkor NOTICE OF EXEMPTION"` DEPW of ptrtv To: From: City of Newport Beach Office of Planning and Research 1400 Tenth Street, Room 121 Planning Department 3300 Newport Boulevard - P.O. Box 1769 Sacramento. CA 95814 Newport Beach, CA 926584915 (Orange County) Clerk, County of Orange MCounty X Public Services Division P.O. Box 238 Date received for filing at OPR: Santa Ana, CA 92702 Name of Project: Assessment District No. 79. Project Location: Beacon Bay, Newport Beach Specific: Area southerly of Harbor Island Dr, and Easterly of Harbor Island Rd. Project Location -City: Newport Beach . Project Location- County: Orange >rojeet Description: lie project consists of an assessment district to underground overhead utilities and reconstruction of stretch, lighting and drainage system within the developmeaL Recorded in the county of orange, caixtortla, Gar L Granville. Clark/Recorder No Fee Exempt Status: (check one) � �II��I�I �� 008 00308 9 A7M 03/23100 o Ministerial (See.21080(bxl);15268); 804 e01e618G 170 82 O Declared Emergency (Sec.21080(b)(3); 15269(x)); Bea se a 0. so 0. go 0. to 0. as a.. as o.ea o Emergency Project (Sec. 21oB0rox4) ;15269roxe); n;,00T„n:.• one at' Categorical Exemption. State type and section number. Class 2:, Replacement and reemstruction I 0 Statutory Exemptions. State code number o General Rule (See. 15061(b)(3)) Reasons why project 1s exempt: The Secretary for Resources has found that conversion of overhead electrical Utility dishibtttion system fae0ities to underground locations and reconstruction of existing sheet, lighting and storm drain facilities where the surface is restored to the condition prior to underprounding do not have a significant effect on Date of Approval: Name of Person or Agency Carrying Out Project: Newport Beach Public Works Department Contact Per Title: Development Engineer Signature: Tel.No. (949) 644 -3324 Date: w ., RESOLUTION NO. 2000 -104 RESOLUTION MAKING FINDING ON A PETITION FOR, ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES OF, AND MAKING APPOINTMENTS FOR ASSESSMENT DISTRICT NO. 79 WHEREAS, this legislative body has been presented by certain property owners an executed petition (the "Petition ") requesting the formation of a special assessment district to be designated as ASSESSMENT DISTRICT NO. 79 (BEACON BAY) (the "Assessment District') to provide for street improvements including resurfacing, curbs, gutters, and storm drains and for the conversion of certain overhead electrical and communication facilities to underground locations as described in the Petition, together with appurtenances and appurtenant work in connection therewith, pursuant to the terms and provisions of Ordinance No. 2000 -17 (the "Ordinance ") and the "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code of the State of California (the "Act'), as said Act is modified and supplemented by the Ordinance; WHEREAS, the Development Engineer of the City of Newport Beach has certified to this legislative body as follows: a. the Petition has been signed by owners owning more than sixty percent (60 %) in area of all assessable property within the boundaries of the proposed Assessment District, and b. the Petition is signed by not less than five (5) owners owning lands constituting more than one -half (1/2) in area of all assessable property within the boundaries of the proposed Assessment District. WHEREAS, this legislative body has been presented and has received a map (the "Map ") showing and describing the boundary of the area proposed to be assessed in the Assessment District. NOW, THEREFORE, BE IT Determined, Resolved, and Ordered as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. The Petition shall be retained as a permanent record and remain open to public inspection. SECTION 3. The Map is hereby approved and adopted. The original map of the boundaries of the proposed Assessment District and one copy thereof is to be filed in the Office of the City Clerk. SECTION 4. A certificate shall be endorsed on the original Map and on at least one copy of the Map evidencing the date and adoption of this Resolution, and within fifteen (15) days after the adoption of the Resolution fixing the time and place of hearing on the formation or extent of the Assessment District, a copy of the Map shall be filed with the correct and proper endorsements thereon with the County Recorder, all in the manner and form provided in Section 31 11 of the Streets and Highways Code of the State of California. u SECTION 5. The Development Engineer of the City of Newport Beach is hereby appointed to perform all of the duties and functions of the Superintendent of Streets for the Assessment District as said duties are specified and designated in the Act. The place for recordation of the assessment roll and diagram shall be in the office of the appointed Superintendent of Streets, and said assessment roll and diagram, upon recordation, shall be kept as a permanent record. SECTION 6. The Daily Pilot is hereby designated as the newspaper for all publications as required by law and as necessary for the Assessment District proceedings. SECTION 7. The firm of Willdan Associates is hereby appointed the Assessment Engineer for the Assessment District proceedings. SECTION 8. Robert E. Hessell, attorney at law, is hereby appointed to act as Bond Counsel for the Assessment District. SECTION 9. This legislative body hereby authorizes the establishment of a special improvement fund for the Assessment District and into the improvement fund shall be placed all proceeds from the sale of Assessment District bonds and cash collections. In order to expedite the improvements to be made under the Assessment District proceedings and as authorized by law, funds from any available source may be transferred into the special improvement fund. Any funds transferred into the special improvement fund (other than proceeds from the sale of Assessment District bonds and cash collections) shall be deemed a loan to the fund and shall be repaid out of the proceeds of the sale of Assessment District bonds as authorized by Section 10210 of the Streets and Highways Code of the State of California. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Newport Beach, held on the 12th day of December, 2000, by the following vote: AYES: Heffernan,.0'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams NOES: ABSENT: ABSTAIN: ATTEST: Mayor I 0 0 STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2000 -104 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 12th day of December, 2000, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 13th day of December, 2000. (Seal) i/ f I-Z , ry� - City Clerk Newport Beach, California 0 0 RESOLUTION NO. 2000 -105 RESOLUTION DECLARING INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS IN PROPOSED ASSESSMENT DISTRICT NO. 79, DECLARING THE IMPROVEMENTS TO BE OF SPECIAL BENEFIT, DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF, AND PROVIDING FOR THE ISSUANCE OF BONDS WHEREAS, this legislative body has instituted proceedings for the formation of a special assessment district designated as ASSESSMENT DISTRICT NO. 79 (BEACON BAY) (hereinafter referred to as the "Assessment District") to provide for street improvements including resurfacing, curbs, gutters, and storm drains and for the conversion of certain overhead electrical and communication facilities to underground locations, together with appurtenances and appurtenant work in connection therewith, pursuant to the terms and provisions of Ordinance No. 2000 -17 (the "Ordinance ") and the "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code of the State of California (the "Act "), as said Act is modified and supplemented by the Ordinance; WHEREAS, the street improvements including resurfacing, curbs, gutters, and storm drains and the conversion of the overhead electrical and communication facilities to underground locations, together with appurtenances and appurtenant work in connection therewith, is to be done to further public safety and to improve community aesthetics; WHEREAS, the City of Newport Beach (the "City") holds the right, title, and interest in and to the area know as Beacon Bay, which area is encompassed by the Assessment District; WHEREAS, the City divided the entirety of the area of Beacon Bay into lots and, pursuant to the approval of the majority of electors voting in elections held on November 3, 1987 and November 3, 1992, the City leased the lots for residential use or common use for periods of fifty years (which leasehold interests are herein referred to as the "Possessory Interests "); WHEREAS, the assessment proceedings for the Assessment District were initiated by owners of the Possessory Interests; NOW THEREFORE, Be it Determined, Resolved, and Ordered by the City Council of the City of Newport Beach (the "City ") as follows: DECLARATION OF INTENTION SECTION I. The public interest and convenience require, and it is the intention of this legislative body to order, pursuant to the Ordinance and the Act, the construction of the public improvements hereinafter described in and for the Assessment District and to assess the cost thereof against the Possessory Interests specially benefited thereby. DESCRIPTION OF IMPROVEMENTS SECTION 2. The public improvements to be constructed and the manner of the construction are generally described as follows: 0 0 A. The improvements generally consist of street improvements including resurfacing, curbs, gutters, and storm drains and the conversion of existing overhead electrical and communication facilities to underground locations within the area generally known as Beacon Bay and bounded on the north by the Harbor Island Drive, on the west by Harbor Island Road, on the east by the City marina, and on the south by the Balboa Island Channel, together with appurtenances and appurtenant work thereto, all to serve and specially benefit the properties within Assessment District No. 79. B. All rights -of -way and easements required for the improvements shall be shown upon the plans to be made a part of the Assessment Engineer's Report and to be filed with these proceedings. C. All of the improvements to be constructed are to be installed at the places and in the particular locations, and to the sizes, dimensions and materials, and to the lines, grades and elevations, as shown and delineated upon the plans, profiles and specifications all to be made a part of the Assessment Engineer's Report. D. The description of the improvements contained in this Resolution is general in nature, and the plans and profiles of the work as contained in the Assessment Engineer's Report shall be controlling as to the correct and detailed description thereof. DESCRIPTION OF ASSESSMENT DISTRICT SECTION 2. The improvements are of special benefit to the Possessory Interests within the Assessment District, and this legislative body hereby makes the expenses of the construction of such improvements chargeable upon the Assessment District, which is described as follows: All Possessory Interests and other territory in the proposed Assessment District included within the exterior boundary lines shown on the map exhibiting the property specially benefited and proposed to be assessed to pay the costs and expenses of the construction of the work and improvements described above, which map is entitled "PROPOSED BOUNDARIES ASSESSMENT DISTRICT NO. 79 (BEACON BAY)" and was previously approved by this legislative body and is on file with the transcript of these proceedings. For all particulars as to the boundaries of the Assessment District, reference is hereby made to the boundary map. REPORT OF THE ASSESSMENT ENGINEER SECTION 3. The proposed improvements are hereby referred to Willdan Associates (the "Assessment Engineer "), who is hereby directed to make and file a report as required by the Improvement Act, Article X111D of the Constitution of the State of California, and the Omnibus Proposition 218 Implementation Act (Government Code Section 53750), such report shall be in writing and contain the following: A. Plans and specifications of the improvements proposed to be constructed; B. An estimate of the cost of the construction of the improvements proposed to be constructed, including the cost of the incidental expenses, in connection therewith; 0 C. A diagram showing the Assessment District, which shall also show the boundaries and dimensions of the respective Possessory Interests and other territory within such Assessment District, as the same existed at the time of the passage of this Resolution of Intention, each of which subdivisions shall be given a separate number upon such diagram; D. The proposed assessment of the assessable costs and expenses of the construction of the proposed improvements upon the Possessory Interests in the Assessment District in proportion to the estimated special benefits to be received by the Possessory Interests, respectively, from such improvements. Such assessment shall refer to such Possessory Interests upon such diagram by the respective numbers thereof; E. The description of the improvements proposed to be constructed under these proceedings. When any portion or percentage of the assessable costs and expenses of the construction of the improvements is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated costs and expenses of such construction, and such assessment shall include only the remainder of the estimated costs and expenses. The assessment shall refer to the subdivisions by their respective numbers as assigned pursuant to subparagraph D above. BONDS SECTION 4. Notice is hereby given that bonds to represent the unpaid assessments, and bear interest at the rate of not to exceed the current legal maximum rate of 12% per annum, will be issued hereunder in the manner provided in the Improvement Bond Act of 1915 (Streets and Highways Code Section 8500, et seq.) as modified and supplemented by the Ordinance, which bonds shall be issued for a term not to exceed the legal maximum term as authorized by law, namely, thirty-nine (39) years from the second day of September next succeeding twelve (12) months from their date. The provisions of Part 11.1 of the Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds shall apply. The principal amount of the bonds maturing each year shall be other than an amount equal to an even annual proportion of the aggregate principal of the bonds, and the amount of principal maturing in each year, plus the amount of interest payable in that year, will be generally an aggregate amount that is equal each year, except for the first year's adjustment. Pursuant to the provisions of the Improvement Act and specifically Streets and Highways Code Section 10603, the Treasurer is hereby designated as the officer to collect and receive the assessments during the cash collection period. CONSTRUCTION SECTION 5. Except as may otherwise be provided for in the issuance of the bonds described above, all of the improvements shall be constructed pursuant to the provisions of the Act. SURPLUS FUNDS SECTION 6. If any excess shall be realized from the assessment, it shall be used, in such 0 0 amounts as the legislative body may determine, in accordance with the provisions of law for one or more of the following purposes: A. Transfer to the general fund; provided that the amount of any such transfer shall not exceed the lesser of One Thousand Dollars ($1,000,00) or five percent (5 %) of the total from the Improvement Fund; B. As a credit upon the assessment and any supplemental assessment; C. For the maintenance of the improvements; or D. To call bonds. IMPROVEMENTFUND SECTION 7. The legislative body hereby establishes a special improvement fund identified and designated by the name of this Assessment District, and into such Fund monies may be transferred at any time to expedite the construction of the authorized improvements, and any such advancement of funds is a loan and shall be repaid out of the proceeds of the sale of bonds as authorized by law. PROCEEDINGS INQUIRIES SECTION 8. For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person designated below: Richard Hoffstadt, Development Engineer City of Newport Beach P.O. Box 1768 Newport Beach, California 92658 (949) 644 -3324 PUBLIC PROPERTY SECTION 9. All public property shall be subject to assessment in these proceedings. RIGHTS -OF -WAY SECTION 10. The public interest, convenience and necessity requires that certain land, rights -of -way or easements be obtained in order to allow the works of improvement as proposed for this Assessment District to be accomplished. The Assessment Engineer's Report, upon adoption, shall provide certification that the land, rights -of -way or easements have been acquired or will be acquired as part of the construction of the improvements. NO CITY LIABILITY SECTION 11. This legislative body hereby declares the City will not obligate itself to advance available funds from the City treasury to cure any deficiency which may occur in the bond redemption fund for the Assessment District. 0 • ANNUAL ADMINISTRATIVE ASSESSMENT SECTION 12. It is hereby declared that this legislative body proposes to levy an annual assessment pursuant to Section 10204 of the Streets and Highways Code of the State of California, such annual assessment to pay costs incurred by the City and not otherwise reimbursed which result from the administration and collection of assessments and from the administration and registration of assessment bonds and the related bond funds. UTILITY IMPROVEMENTS SECTION 13. Pursuant to Section 10110 of the Streets and Highways Code of the State of California, it is also the intention of this legislative body with respect to the improvements to be owned managed or controlled by any other public agency, regulated public utility, or mutual water company, prior to ordering the construction of improvements, to enter into an agreement with each public utility company or public agency, or any combination thereof with respect to the improvements to be owned, controlled or managed by the utility or agency. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Newport Beach, held on the 12th day of December, 2000, by the following vote: AYES: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams NOES: ABSENT: ABSTAIN: Mayor ATTEST: 0 0 STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2000 -105 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 12th day of December, 2000, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 13th day of December, 2000. (Seal) ��i�it,�t� -� / ✓U�iZ�7�� City Clerk Newport Beach, California 9 0 RESOLUTION NO. 2000 -106 RESOLUTION GIVING PRELIMINARY APPROVAL TO THE REPORT OF THE ASSESSMENT ENGINEER, SETTING A TIME AND PLACE FOR A PUBLIC HEARING AND ORDERING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES FOR ASSESSMENT DISTRICT NO. 79 WHEREAS, this legislative body has instituted proceedings for the formation of a special assessment district designated as ASSESSMENT DISTRICT NO. 79 (BEACON BAY) (hereinafter referred to as the "Assessment District ") to provide for street improvements including resurfacing, curbs, gutters, and storm drains and for the conversion of certain overhead electrical and communication facilities to underground locations, together with appurtenances and appurtenant work in connection therewith, pursuant to the terms and provisions of Ordinance No. 2000 -17 (the "Ordinance ") and the "Municipal Improvement Act of 1913 ", being Division 12 of the Streets and Highways Code of the State of California (the "Act "), as said Act is modified and supplemented by the Ordinance; WHEREAS, a resolution of intention (the "Resolution of Intention ") for the formation of the Assessment District and the construction of the street improvements and utility conversion was previously adopted by this legislative body; WHEREAS, there has been prepared and filed with this legislative body for its consideration a Report of the Assessment Engineer (the "Report") as provided for in and required by the Resolution of Intention, Sections 10203 and 10204 of the Act, Article XIIID of the Constitution of the State of California ( "Article XIIID "), and the Proposition 218 Omnibus Implementation Act (commencing with Section 53750 of the Government Code) (the "Implementation Act ") (the Act, Article XIIID, the Ordinance, and the Implementation Act are referred to herein collectively as the "Assessment Law "); NOW, THEREFORE, It is hereby Determined, Resolved, and Ordered as follows: SECTION 1. The above recitals are all true and correct. SECTION 2. The Report is adopted, passed upon, and preliminarily approved, as follows: A. The plans and specifications for the improvements proposed to be constructed, as contained in the Report, are hereby preliminarily approved and adopted; B. The Assessment Engineer's estimate of the itemized and total costs and expenses of the construction of the improvements and of the incidental expenses in connection therewith contained in the Report, and each of them are hereby preliminarily approved and adopted; C. The diagram showing the Assessment District referred to and described in the Resolution of Intention, and also the boundaries and dimensions of the respective possessory interests within the Assessment District, as the same existed at the time of the passage of said Resolution of Intention, each of which have been given a separate number upon the diagram, as contained in the Report, is hereby preliminarily approved and adopted; 0 � --'I D. The proposed assessment upon the several possessory interests in the Assessment District, in proportion to the estimated special benefits to be received by such possessory interests, respectively, from the improvements to be constructed, and of the incidental expenses thereof, as contained in the Report, are hereby preliminarily approved and adopted; E. The descriptions of the improvements to be constructed contained in the Report are hereby preliminarily approved. SECTION 3. The Report shall stand as the Assessment Engineer's Report for the purpose of all subsequent proceedings had pursuant to the Resolution of Intention. SECTION 4. NOTICE IS HEREBY given that the City Council of the City Of Newport Beach will hold a public hearing on the assessment district and the proposed assessments at its regular meeting place, being the Council Chambers at 3300 Newport Boulevard, Newport Beach, California, on February 27, 2001 at 7:00 p.m. Pursuant to the provisions of the Assessment Law, each record owner of property proposed to be assessed has the'right to submit an assessment ballot in favor of or in opposition to the proposed assessment. Assessment ballots will be mailed to the record owner of each possessory interest located within the assessment district and subject to a proposed assessment. Each such owner may complete such ballot and thereby indicate their support for or opposition to the proposed assessment. All such ballots must be received by the city clerk at the following address at or before the time set for the close of the public hearing: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 A postmark prior to such date and time will not be sufficient. At the conclusion of the public hearing, the City Council shall cause the assessment ballots timely received to be tabulated. If a majority protest exists, the City Council shall not impose an assessment within the assessment district. A majority protest exists if, upon the conclusion of the public hearing, assessment ballots submitted in opposition to the assessments within the assessment district exceed the ballots submitted in favor of such assessments. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property. SECTION 5. The City Clerk is hereby directed to mail, in the form and manner prescribed in the Assessment Law and at least 45 days prior to the date of the public hearing, notice of the public hearing and the adoption of the Resolution of Intention and of the filing of the Report, together with the assessment ballot materials, to the record owners of all real property proposed to be assessed. SECTION 6. The City Clerk is hereby further directed to file a copy of the proposed boundary map in the Office of the County Recorder within fifteen (15) days of the adoption of this resolution; said 0 0 boundary map to be filed in the manner and form as set forth in Division 4.5 of the Streets and Highways Code of the Stale of California. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Newport Beach, held on the 12th day of December, 2000, by the following vote: AYES: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams NOES: ABSENT: ABSTAIN: t . Mayor ATTEST: NE1t•,�� % City Clerk ��RN1A J i 0 STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2000 -106 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 12th day of December, 2000, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, O'Neil, Ridgeway, Glover, Bromberg, Proctor, Mayor Adams Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 13th day of December, 2000. (Seal) City Clerk Newport Beach, California • 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, CMC September 24, 2003 GCI Construction, Inc. 245 Fischer Avenue, B -3 Costa Mesa, CA 92626 Subject: Beacon Bay Sewer Main Replacement (C -3277) To Whom It May Concern: On September 24, 2002, 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 November 21, 2002. The Surety for the contract is Travelers Casualty and Surety Company of America, and the bond number is 83 SB 103387963 BCM. Enclosed is the Faithful Performance Bond. Sincerely, LaVonne M. Harkless, CMC City Clerk cc: Public Works Department R. Gunther, P. E., Construction 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 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 COMMUNITY OF BEACON BAY ASSESSMENT DISTRICT NO. 79 STREET, DRAINAGE, LIGHTING, AND UTILITY IMPROVEMENTS AND CITY SEWER REPLACEMENT CONTRACT NO. 3277 PAGE 16 EXECUTED IN FOUR COUNTERPARTS BOND NO. 83 SB 103387963 BCM FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 7,265.00 being at the rate of $ 12.00/8.00 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to GCI Construction, Inc., hereinafter designated as the "Principal ", a contract for construction of COMMUNITY OF BEACON BAY - ASSESSMENT DISTRICT NO. 79 - STREET, DRAINAGE, LIGHTING, AND UTILITY IMPROVEMENTS, AND CITY SEWER REPLACEMENT, Contract No. 3277 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. 3277 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety'), are held and firmly bound unto the City of Newport Beach, in the sum of six hundred fifty -eight thousand, one hundred fifteen and 001100 Dollars ($658,115.00), lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS 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. • • PAGE 17 As a part of the obligation secured hereby, and in addition to the face amount spedfied 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 duly executed by the rincipal and Surety above named, on the 18th day of APRIL 21401. GCI CONSTRUCTION, INC. Name of -Contractor (Principal) Authori a igi ture/Tibe T°xrl.1D; �i�t2� TRAVELERS CASUALTY AND SURETY COMPANY Name of Surety OF AMERICA 1Authorized Agent Signature 21688 GATEWAY CENTER DRIVE DIAMOND BAR, CA 91765 SHAWN BLUME, ATTORNEY --IN -FACT Address of Surety Print Name and Title (909) 612 -3000 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED F:\Users\Pi3VAShared\Contacts\FYOO-01\Beamn Say Sewer G-3321\CONTRACT 03321 NEW AOC CALIFORNIA ALL - PURPOSE Ai IOWLEDOIIIIENT State of California County of Orange On April 24, 2001 before me, Janet L. Russell — Notary Public DATE NAME THE OF OFFICER - EG.,'JANE DOE. NOTARY PUBLIC personally appeared Terry D. Gillespie 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 capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. JANET L. RUSSELL Comm. 61166123 I. NOTARY PUBLIC CALIFORNIA WITNESS my hand and official seal. `:, Olanpe County ,� fig... M Comm, fzDiras L. foussal 7 SIGNATU E OF NOTARY Notary Public. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TRLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PE"S) OR ENTnY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE e0 -1173 3/91 01993 NAnONAL NOTARY ASSOCIATION • 8236 Riwnrnat Ave., P.O. Box 7184 • Canoga Park CA 91300.7184 STATE OF CALIFORNIA COUNTY OF RIVERSIDE On L4 11 S [6 1 before me, PERSONALLY APPEARED I SS. R. STANDLEY personally known to me i - o —A '^ =Q ^n 'l^ Lapip ,.c to be the person(s} whose name(-_4} is /j ;@ subscribed to the within instrument and acknowl- edged to me that he /&'executed the same in his/ ''-"r� authorized capacity4ei�, and that by his /l@f-J 44eir signature(a} on the instrument the person(4 or the entity upon behalf of which the person(&)- ected, executed the instrument. WITNESS my hand and official seal. Signature SHAWN BLUME OPTIONAL R. STRNLLEY COMM. #92 63272 a ¢a' NOTARY PUBLIC • CALIFORNIA m ` \. RIVERSIDE COUNTY `�•• = "' MY Comm. EXPIMS June 7, 200; 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 TITLE($) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Rev. 6/94 ALL- PURPOSE ACKNOWLEDGEMENT TRAVEL c CASUALTY AND SURETY COMPANY OF RICA T LERS CASUALTY AND SURETY CON FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183 -9062 TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS Naperville, Illinois 60563 -8458 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S) -IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, a corporation duly organized under the laws of the State of Illinois, and having its principal office in the City of Naperville, County of DuPage, State of Illinois, (hereinafter the "Companies ") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Michael D. Stong, Shaven Blume or Susan C. Monteon * * of Riverside, CA, their true and lawful Attorney(s) -in -Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorneys) -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, anv Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attomeys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (8-97) CI*Y OF NEWPORAEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 November 21, 2002 GCI Construction, Inc. 245 Fischer Ave., B -3 Costa Mesa, CA 92626 Subject: Beacon Bay Sewer Main Replacement (C -3277) To Whom It May Concern: On September 24, 2002, 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 October 17, 2002, Reference No. 20020896579. The Surety for the contract is Travelers Casualty and Surety Company of America, and the bond number is 83 SB 103387963 BCM. Enclosed is the Labor & Materials Payment Bond. Sincerely, 4io-4� Lavonne M. Harkless, CMC /AAE City Clerk cc: Public Works Department R. Gunther, P.E., Construction Engineer encl. 3300 Newport Boulevard, Newport Beach PAGE 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COMMUNITY OF BEACON BAY ASSESSMENT DISTRICT NO. 79 STREET, DRAINAGE, LIGHTING, AND UTILITY IMPROVEMENTS AND CITY SEWER REPLACEMENT CONTRACT NO. 3277 PREMIUM: INCLUDED IN PERFORMANCE BOND EXECUTED IN FOUR COUNTERPARTS BOND NO. 83 SB 103387963 BCM LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to GCI Construction, Inc., hereinafter designated as the "Principal," a contract for construction of COMMUNITY OF BEACON BAY - ASSESSMENT DISTRICT NO. 79 - STREET, DRAINAGE, LIGHTING, AND UTILITY IMPROVEMENTS, AND CITY SEWER REPLACEMENT, Contract No. 3277 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. 3277 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA 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 six hundred fifty -eight thousand, one hundred fifteen and 001100 Dollars ($658,115.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. • • PAGE 15 The Bond shall Inure to the benefit of arty, and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terns of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. in the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by th e above named Principal and Surety, on the 18th day of APRIL /1 , 2001 // GCI CONSTRUCTION, INC. Name of Contractor (Principal) TRAVELERS CASUALTY AND SURETY COMPANY Name of Surety OF AMERICA 21688 GATEWAY CENTER DR Address of Surety DIAMOND BAR, CA 91765 (909) 612 -3000 Telephone Signature SHAWN BLUME, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED ALL- PURPO =E A& IOWLEDOMENT 0 of California lY Of Orange On April 24, 2001 before me, .Tanet L. Russell - Notary Public DATE NAME. TILE OF OFFICER • E.O..'JANE OOE. NOTARY PUBLIC' personally appeared Terry D. Gillespie N"E(S) OF S"ER(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 capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), JANET L. RUSSELL or the entity upon behalf of which the Comm. 1111166123 N person(s) acted, executed the instrument. N NOTARY PUELN:-CALIFORNIA Orbop County ,r My Comm. EZ111 ;;;,0 WITNESS my hand an"fficial seal. T. IdIssell OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TmJ<lS) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN(CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: HAM OF PERSONIS) OR ENTITY(If3) DESCRIPTION DF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 80-11333/94 0190 NATIONAL NOTARY ASSOCIATION - SM Rum 1 A"., P.O. Box 7164 - C11P PaN. CA 91 3 0 9_ 7164 I STATE OF COUNTY OF CALIFORNIA RIVERSIDE I SS. On Yhg/01 beforeme, R. STARDLEY PERSONALLY APPEARED personally known to me r a '^ in- PA-"b.9 WRi _c to be the person(.s4 whose names} is /arasubscribed to the within instrument and acknowl- edged to me that he /executed the same in his/ her- � authorized capacity(aee), and that by his /k- r •their signature(o on the instrument the person4 or the entity upon behalf of which the persor4o)-acted, executed the instrument. WITNESS my hand and official seal. Signature___ SHAWN BLUME OPTIONAL R.STANDLEY (y(a COMM. #12 s y' ••' NOTARY PUBLIC -CALIFORNIA LIFOR N • RIVERSIDE COUNTY #-•• My Comm. Erpiroa Jure 7,1004 - This areafor 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 TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL Im ATTORNEYAN -FACT TRUSTEE(S) GUARD IAN /CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTrTY(IES) ID-081 Rev. 6/94 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ALL - PURPOSE ACKNOWLEDGEMENT RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 0 Recorded in Official Records, County of Orange Darlene Bloom, Interim Clerk- Recorder 1111111111111111111111111111111111111111111111 NO FEE 20020896579 09:50am 10117102 123 3 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and GCI Construction of Costa Mesa, California, as Contractor, entered into a Contract on April 24, 2001. Said Contract set I r forth certain improvements, as follows: Beacon Bay Sewer Main Replacement (C -3277) Work on said Contract was completed on August 30. 2002, and was found to be acceptable on September 24, 2002, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Travelers Casualty and Surety Company of CT VERIFICATION fc Works Director of Newport Beach I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on a� aka at Newport Beach, California. BY �1J19MjYU- City Clerk ON a •� CV _ �* N O J VERIFICATION fc Works Director of Newport Beach I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on a� aka at Newport Beach, California. BY �1J19MjYU- City Clerk CI'Y OF NEWPORT tEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (949) 644 -3005 September 25, 2002 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion for Beacon Bay Sewer Main Replacement (C -3277) Notice of Completion for Balboa Island Pavement Rehabilitation and Water Main Replacement (C -3397) Notice of Completion for Hazel Avenue Pavement Rehabilitation (C -3448) Please record the enclosed documents and return them to the City Clerk's Office. Thank you. Sincerely, D0�v- a�) .wad& LaVonne M. Harkless, CMC /AAE City Clerk Enclosures 3300 Newport Boulevard, Newport Beach 0 • RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 -Exempt rom reco in g fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Damon Construction of Carson, California, as Contractor, entered into a Contract on February 12, 2002. Said Contract set forth certain improvements, as follows: Balboa Island Pavement Rehabilitation and Water Main Replacement (C -3397) Work on said Contract was completed on August 22. 2002, and was found to be acceptable on September 24, 2002, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Colonial American Casualty and Surety Company. Director rt Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on %►r\IN�✓ R ?00.--I, at Newport Beach, California. C-��11 C3g) i September 24, 2002 CITY COUNCIL AGENDA ITEM NO. 14 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: BEACON BAY SEWER MAIN REPLACEMENT, CONTRACT NO 3277 — COMPLETION AND ACCEPTANCE RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. S-.P >: 602 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 April 24, 2001, the City Council authorized the award of the Beacon Bay Assessment District No. 79 Street, Drainage, Lighting, Utility Improvements, and City Sewer Replacement contract to GCI Construction of Costa Mesa, California. The work under this contract was done in conjunction with the Assessment District's undergrounding of power, telephone, and cable. This contract provided the reconstruction of the Beacon Bay streets, storm drain improvements - including 24, 30, and 36 -inch storm drains, and sewer and lateral replacements along Beacon Bay Drive. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $658,115.00 Actual amount of bid items constructed: 677,014.20 Total amount of change orders: 79,149.00 Final contract cost: $756,163.20 The increase in the amount of actual bid items constructed over the original bid amount resulted from additional concrete removals and concrete reconstruction exceeding the bid item quantities. The final overall construction cost including change orders was 14.90 percent over the original bid amount. SUBJECT: Beacon Bay Sewer t eplacement, Contract No. 3277 — Completion and &ptance September 24, 2002 Page 2 A total of seven change orders totaling $79,149.00 were issued to complete the project. They were as follows: 1. A change order in the amount of a deduction of ($35,964.00) provided for deletion of the sewer and laterals as shown on the plan alignment. 2. A change order in the amount of $35,964.00 provided for the construction of the sewer in an alternate arrangement and alignment. 3. A change order in the amount of $15,408.69 provided for MacWrap joints on the storm drain and revisions to the storm drain outlet. 4. A change order in the amount of $32,200.94 provided for additional asphalt paving. 5. A change order in the amount of $0.00 reduced the retention to 5 percent. 6. A change order in the amount of $23,180.30 provided for additional curb removals and asphalt pavement replacement on Harbor Isle Drive. 7. A change order in the amount of $8,359.07 provided for installation of a tide gate and strada grading. Funds for the project were expended in the following accounts: Description Account No. Amount AD 79 — Beacon Bay 7401- C5200418 $594,589.20 Sewer Main Master Plan 7531- C5600292 87,181.02 Beacon Bay Sewer Replacement 7531- C5600533 57,430.00 Sewer Manhole Replacement/Addition 7533- C5600339 16,962.98 Total $756,163.20 The original scheduled completion date was January 15, 2002. Due to revisions and additions to the work, required coordination with the underground district contractor, completion of punch list items, and final resolution of pay items, the completion date was extended to August 30, 2002. All work was completed by the revised completion date. Respectfully su P LI ORKS DEPARTMENT G. Badum, Director By: ­toe � e2:r,4 R. Gunther, P.E. Construction Engineer 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 2:00 p.m. on the 10`" day of April 2001 , at which time such bids shall be opened and read for COMMUNITY OF BEACON BAY ASSESSMENT DISTRICT NO. 79 STREET DRAINAGE LIGHTING, AND UTILITY IMPROVEMENTS AND CITY SEWER REPLACEMENT Title of Project Contract No. 3277 $665,000 Engineer's Estimate ro d (7 � ' ly' Don Webb Public Works Director Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA 92658 -8915. Required Contractor License Classification(s) required for this project: A or C -42 and /or C -34 For further information, call Dick Hoffstadt Proiect Manager. at (949) 644 -3311. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COMMUNITY OF BEACON BAY ASSESSMENT DISTRICT NO. 79 STREET, DRAINAGE, LIGHTING, AND UTILITY IMPROVEMENTS AND CITY SEWER REPLACEMENT CONTRACT NO. 3277 TABLE OF CONTENTS NOTICEINVITING BIDS .......................................................... ............................... Cover INSTRUCTIONSTO BIDDERS ........................................................ ..............................1 BIDDER'S BOND ............................................................................... ..............................3 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................4 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................5 NON - COLLUSION AFFIDAVIT .......................................................... ..............................6 NOTICE TO SUCCESSFUL BIDDER ............................................... ..............................7 CONTRACT...................................................................................... ..............................8 LABORAND MATERIALS BOND .................................................... .............................14 FAITHFULPERFORMANCE BOND ................................................ .............................16 PROPOSAL................................................................................ ............................... PR -1 SPECIALPROVISIONS ................................................................. ...........................SP -1 • • PAGE 1 T� CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COMMUNITY OF BEACON BAY ASSESSMENT DISTRICT NO. 79 STREET, DRAINAGE, LIGHTING, AND UTILITY IMPROVEMENTS AND CITY SEWER REPLACEMENT CONTRACT NO. 3277 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 TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. • . PAGE 2 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act ". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 755356 Clagg A Contractor's License No. & Classification GCI Construction, Inc. Bidder llr�izied SignaturelTitle Secretary/ Floyd Bennett Treasurer;.. April q . 2001_ Da ! • PAGE 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COMMUNITY OF BEACON BAY ASSESSMENT DISTRICT NO. 79 STREET, DRAINAGE, LIGHTING, AND UTILITY IMPROVEMENTS AND CITY SEWER REPLACEMENT CONTRACT NO. 3277 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 THE AMOUNT OF THE BID dollars ($ 109 OF BID ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of COMMUNITY OF BEACON BAY - ASSESSMENT DISTRICT NO. 79 - STREET, DRAINAGE, LIGHTING, AND UTILITY IMPROVEMENTS, Contract No. 3277 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to duly enter into and execute the Contract Documents for the construction of the project in the form required within ten days (10) (not including Saturday, Sunday, and federal holidays) after the date of the mailing of Notice of Award; otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 5th day of APRIL 2001. GCI CONSTRUCTION, INC. Name of Contractor (Principal) TRAVELERS CASUALTY AND SURETY COMPANY OF Name of Surety AMERICA 21688 GATEWAY CENTER DR Address of Surety DIAMOND BAR, CA 91765 (909) 612 -3640 Telephone D. STONG ATTORNEY- Print Name and Title (Notary acknowledgment of Principal ti. Surety must be attached) ACT Tats. CALIFORNIA ALL - PURPOSE &NOWLEDOMENT State of California I* County► of Orange On Or1(q ,2X ( before me, Tanet L Russell - Notary Public —T GATE _ NAME. TITLE OF OFFICER- E.G..'JAME DOE. NOTARY PUBLIC personally appeared U r NAMES) OF SIGNER($) ® 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 capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. JANET L. RUSSEiL UComm.11166123 N WITNESS my hand and official seal. ' NOTARY PUBLIC CALIFORNIA Orange M Comm, Expires Dec. 21, 2001 L, Rlt�ll SIGNATUN OF NOTARY Notary I PLlyyC OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSMS) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 13D-11333/94 01993 NATIONAL NOTARY ASSOCIATION • 8236 RMM61 Avs., P.O. 8017184 • Csnopa Park CA 91309-7194 STATE OF CALIFORNIA • • SS. COUNTY OF RIVERSIDE On _4510-- , before me, __— R. STANDLEY PERSONALLY APPEARED ---- MICHAEL D. STONG - - -- personally Known to me to be the person4, whose name(+ is /subscribed to the within instrument and acknoevl- edged to me that he /s�exearted the same in his/ r ---r � 4@4– authorized capacity(ies), and that by his /her; 4k.eir signature(s) on the instrument the person( or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature _ J� OPTIONAL „s ?;? %:,;� R. S ul NDI.EY /4 COMM.. 111263272 v � NOTARY PURIIC. CALIFORNIA �. N - % RIVERSIDE COUNTY -� � My Comm. Expim; Juno 7, 2004 This areafor 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 '- TITLE(S) ❑ PARTNER(S) ❑ LIMITED IN ATTORNEY -6N -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONIS) OR ENTITY (IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-081 Re,. 6/94 ALL- PURPOSE ACKNOWLEDGEMENT TRAVELS CASUALTY AND SURETY COMPANY OF RICA TRWLERS CASUALTY AND SURETY COMPA FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183 -9062 TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS Naperville, Illinois 60563 -8458 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S) -IN -FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, a corporation duly organized under the laws of the State of Illinois, and having its principal office in the City of Naperville, County of DuPage, State of Illinois, (hereinafter the "Companies ") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Michael D. Stong, Shawn Blume or Susan C. Monteon . " of Riverside, CA, their true and lawful Attorney(s) -in -Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s) -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attoneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (8-97) 0 0 puog `tie;aaoaS;ueaslssy �p�s %5y e�Y • F�q �Qde+ rqL ��gff,�ff�%...... T3, uosueUolW f'9` e` ILBI NN00 ���//��J -fin, lY3S i86[ � > 'Otl0lltldH t btl031tlYHfj.p �/ // `l ALitlfiS Q�' V Y/1SV� �ONV Alai 5 �M���MT~ 1 o9c' ;o ,Sep ' Slgl pa1sQ '1nDCloauuoJ ;o alPlS `plo;l�zll ;o Sl�� Dill u� `Cuedwo� Dill ;o aac p awoll ag11e palzaS pus pauS1S 0Dio; u1 mou ails `,il?joglnVjo Djtolj!uaJ Dill u! quo; Jos se siolowla jo spieog oql ;o suminlosaH SulpuslS Dill 1eg1 `aiowzDqun; pus 'paxonas uaaq lou seq pue aoro; 1lnl UT suleuioi f4pogwV ;o aleoggnj pue .iauxollV ;o 13mod POWMIe pue SMOSaiol agl leg) AMI'M AggUaPi OQ `sloulllI 3o DWIS aql ;o uopEIO(boo 31301s `SIONI'I'H 30 ANVdWOJ AIMIS QNV AI'IVIlSVJ SH3'I3AVHZ Puu `lnopoauuoJ ;o a1e1S Dql ;o suollmodioo Moots `ANVdb1IOJ AZ IVIISVJ NO.LJNIWHV3 Pue ANVdlkOJ AZ3HIIS QNV AI'IVMSVJ SH3'I3AVHI `VJIH3IIIV 30 ANVaWOJ AZ3Hf1S QNV A.L'IVRSVJ SH3'I3AVHZ 30 SJUIDaaaS IuPlslssV `pouSlsiapun aql `I 3.LVJIJUIM Ilneailai -o apew o!Ignd AMON loot 'oc aunt sajidxa uoissiwwoo AA \A ��l•0 ;owagl suotlnlosaH SulpueiS ail iapun ao!go iaWs!q ;o (I!ioglne dq suopeiodloo oql ;o jlegaq uo womulsui pres oql palnooxo ails /Dq legi pue `.sleas almodioo Bons we wowtulsul plus aql of paxtllu sluas agl legl'suoileiodioo pies ;o sleds aql smou l ails /aq legl `.luawnilsu! anoge oql palnmxa gonlm pus u! paquosap suocleiodcoo ail `SIONI III 30 ANVdI110J AZ3HIIS (IN AI'IVMSVJ SH3'I3AVHI PUP ANIVdwoj ALIVMSVJ NO.L9NIIAIHV3 `ANVdWOJ AIMIS QNV AI'IVMSVJ SH3'I3AVHI `VJIH3IIIV 30 ANVdWOJ AZ3HRS QNV AZ'IVRSVJ SHTI3AVHZ ;o IuaPlsaad aDIA io!uaS sl ags/aq wql :hs pue asodap p!p `moms AInp aw dq Sulaq `oqm `umoux aw of NOSdb1tOHZ 'M 30HO39 mini AlTsuosaod Dui aio;aq 6661 `aunt ;o Kup ipSI sigl u0 IuaP!Sa1d 931A MUDS rq' �Y • F, adH+ rq� EP`v:.. -^. uosdwogj. -M a6aoa0 5`0N11, i} It6l � � y Y NN00 •Pe0>1�F t �. SIONPTn 30 ANYdATOJ AI3HMS (WV AI'IVMSVD SHMAVHI Q2303IHVH 30 AJNnOD ANWIVOJAI'IVMSVJNO.LON aV3 ploJUeIi'sS{ ANVdWOJ AIMIS QNV AL'lVnSVJ SHTHAVIII VJIUMV 30 ANVdISIOJ AIMMS QNV AI'IVMSVJ SHTHAVILL InmDmNOJ 30 3IVIS 6661 `aunt ;o Sup gI81 sigl paxgu olaaaq aq of sleas alelodioD nagl pue `luaplsaid aDlA uoluaS ilagl Aq pauSrs aq of immirulsul slgl pasneo aneq SIONI7TI 30 ANVdWOJ A13HIIS QNV AI'IVIISVJ "TBAVH.L Put ANVdINOJ AI'iVfISVJ NOI`JN WHV3 `ANVdWOJ AI3HIIS QNV AI'IVIISVJ SH3'13AVHI `V3IH3YiV 30 ANVd 03 AZ3HIIS QNV AI'IVMSVJ SH3JaAVHI `303H3HM SUNIIM NI PAGE 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COMMUNITY OF BEACON BAY ASSESSMENT DISTRICT NO. 79 STREET, DRAINAGE, LIGHTING, AND UTILITY IMPROVEMENTS AND CITY SEWER REPLACEMENT CONTRACT NO. 3277 DESIGNATION OF SUBCONTRACTOR (S) . State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Subcontract Work 1. l Sig ICiT tfll x / 2.s�2al� 3. 4. Subcontractor o9tVV_/' &k_) Address 5. 6. 7. 8. 9. 10. GCI Construction, Inc. �_ Bidder Authe zed Signature/Title Secretary/ Floyd Bennett Treasurer • • PAGE 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COMMUNITY OF BEACON BAY ASSESSMENT DISTRICT NO. 79 STREET, DRAINAGE, LIGHTING, AND UTILITY IMPROVEMENTS AND CITY SEWER REPLACEMENT CONTRACT NO. 3277 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he /she has performed and successfully completed. Year Project Person Telephone Completed Name /Agency To Contact Number it --r �I GCI Construction, Inc. Bidder Auth zed Signaturerritle Floyd Bennett Secretary /Treasurer C I CONSTRUCTION, INC• FORMERLY: GILLESPIE CONSTRUCTION INC. COMPLETED PROJECTS As of November 30, 2000 CONTRACT CUSTOMER NAME & ADDRESS JOB N LOCATION AMOUNT CITY OF ANAHEIM 038 Illinois Street Water Main Replacement Project 565,720 200 S. Anaheim Blvd. Anaheim, CA 92805 (714) 765-5100 -Lot -CITY 6F— FOUNTAIN —VALLEY ------,rOI7— Park —&— Ride at the Fountain Valley 166,669 10200 Slater Avenue Recreation Center Fountain Valley, CA 92708 (714) 593-4400 — - ---- . ........... -------- - ___ — - - --------- ----- - ------- - ------ ------ ------ ------ - - ------------ --- - — - ------ ---- ----- - -- _eITIV-6f ... . ...... 025 Virginia Park Drive, Skyline Drive & Vista 315,315 505 Forest Avenue Lane Storm Drain Laguna Beach, CA 92651 059 Park Avenue Storm Drain Improvements 52,604 (949) 497-0351 CITY OF NEWPORT BEACH 009 Water Line Replacements & Alley 26,243 3300 Newport Blvd. ReconstructionMarcus Newport Beach, CA 92658-8915 .012 Jamboree Road Sewer Improvement 139,730 (949) 644-3311 018 Central Balboa Water, Sewer & Alley 495,804 Improvements & West Newport Beach Main Replacement, Phase 11 040 32 "d St./Newport Blvd. Street Rehabilitation& 524,288 30' St./ Newport Blvd. Storm Drain Improv. 069 Bayside Drive Storm Drain Improvements 224,627 CITY OF ROSEMEAD 013 Storm Drain Improvements 330,031 8838 East Valley Blvd. Rosemead, CA 91770 (626) 288-6671 CITY OF TORRANCE 016 Construction of CMP Replacement Program 1,021,000 3031 Torrance Blvd. 1998-199 Torrance, CA 90509-2970 026 Construction of Arnie Avenue Retention Basin 423,078 (310) 618-2820 Force Main - COUNTY OF ORANGE 1071 - Santiago Canyon Road / Transportation 323,800 CONSTRUCTION DIVISION i Corridor - Drainage Improvements P.O. Box 4048 Santa Ana, CA 92702-4048 (714) 567-7812 C.W. DRIVER 1 035 "Perilous Plunge" -Utilities 215,583 7442 North Figueroa Street Los Angeles, CA 90041-1710 (323) 259-8600 ----------- GAJ=et\GC1\J0BL1ST\GC1 REFERENCE SHT.doc Page I of 4 C I CONSTRUCTION, INC• FORMERLY: GILLESPIE CONSTRUCTION INC. COMPLETED PROJECTS As of November 30, 2000 CONTRACT CUSTOMER NAME & ADDRESS JOB #/ LOCATION AMOUNT EL CAMINO ENCLAVE 036 FaIda Avenue, Torrance (Underground) 238,834 561 W. Rincon Street Corona, CA 91720 (909) 725-8616 IRVINE RANCH WATER DISTRICT 1 00 1 Bonita Creek Park Trunk Sewer Relocation 621,100 15600 Sand Canyon Avenue Irvine, CA 92618 (949)453 5585 ------- - ------ - -- ------ -0-37-1- -a-i—n g-- Homes -- --- ----M—e,-a--d--o--w--I-a-r--k---U--ti—li-t-ies- Tract 19600 Fairchild, Suite 150 15472 Irvine, CA 92612 (949) 476-9090 Ext. 230 GA3met\GC1\J0BL1ST\GC1 REFERENCE SHT.doc Page 2 of 4 C I CONSTRUCTION, INC• FORMERLY: GILLESPIE CONSTRUCTION INC. COMPLETED PROJECTS As of November 30, 2000 CUSTOMER NAME & ADDRESS JOB #/ LOCATION CONTRACT AMOUNT KNOTT'S BERRY FARM i 010 Coasters Restaurant Knott's Berry Farm 12,820 8039 Beach Blvd. 023 "Wipe Out" & "Scrambler" 71,031 Buena Park, CA 90620 027 "Soak City" Demo 123,882 (714) 220 -5227 028 Parking Lot Rehab for Restriping 51,309 029 Employee Parking Lot 29,418 030 "Soak City" - Water Lines 13,000 031 Mechanical Pump Buildings - "Soak City" 899,999 032 "Soak City" - Grading 572,073 033 "Soak City" - Utilities 498,067 { 034 "Perilous Plunge" - Demo 159,750 039 Cross Town Sewer 210,708 041 "Soak City" - Asphalt Paving 170,394 1 043 "Soak City" - Concrete Flatwork 753,828 044 "Soak City" - Wall #1 for Ramp to Bridge 94,590 046 Grand Avenue Drop Off - Knott's Berry Farm 102,136 052 Retaining Wall & Bridge Abutment -Soak City 305,293 054 Stanton Avenue Phase - 1 136,071 055 Housekeeping Pads - "Soak City" 9,812 LOYOLA MARYMOUNT UNIVERSITY 002 L.M.U. Export -Playa is 716,502 7900 Loyola Blvd. Los Angeles, CA 90045 -8370 (310) 338 -7762 MISSION VIEJO CHRISTIAN CHURCH ! 011 Mission Viejo Christian Church 11,222 27405 Puerta Real Suite 360 Mission Viejo, CA 92691 (714) 768 -0209 ...... .- _.....- - - - -�- - -- - - - -. _ .... ......... ....... -- . -_... _...._..... _- ._..... .. _.._.__.._ ._.- .._.- .__.._._.w._.._._..- MR. JOHN THORSELL ! 006 -- - - -- .._.- Water Line Relocation - Dana Point 13,709 1 Santa Lucia Dana Point, CA 92629 (949) 448 -8722 OAKHILL DEVELOPMENT i 068 _ 35386 Camino Capistrano,Lot 57, Tract 1127, 99,260 1048 Irvine Blvd., #363 j Dana Point Newport Beach, CA 92660 (949)574 -9I64 ORANGE COUNTY WATER DISTRICT ! 048 Santiago Creek Recharge Project 352,956 10500 Ellis Avenue Fountain Valley, CA 92728 (714) 378 -3305 i i GAJMe1 \GCIV0BLISnGC1 REFERENCE SHT.doc Page 3 of 4 C I CONSTRUCTION, INd• FORMERLY: GILLESPIE CONSTRUCTION INC. COMPLETED PROJECTS As of November 30, 2000 CONTRACT CUSTOMER NAME & ADDRESS JOB #/ LOCATION AMOUNT PACIFIC BUILDING INDUSTRIES 024 Bayside Restaurant- Newport B each 2,700 3190-K Airport Loop Drive Airport Costa Mesa, CA 92626 (714) 755-0299 P EN OMO BL T EN T ER POSES2LLC --' 003 East L.A. Recycling and Transfer Station 313,144 511 Spectrum Avenue Oxnard CA 93030 (805) 278-8220 --- - - -- -- --- ---------- - ----- - ------ ---- ....... . PLAYA CAPITAL COMPANY, LLC -- - ------ 004 - ----- ---- - ---- Placement of LMU Import Material 132,470 12555 West Jefferson Blvd., Suite 300 Los Angeles, CA 90066 (310) 822-0074 PORT OF LONG BEACH O�2' Removal Of Nicholson Avenue Ramp 128,153 925 Harbor Plaza Drive, e Floor Long Beach, CA 90801 (562) 437-0041 SOUTH COAST WATER DISTRICT '1 007 Coastal Treatment Plant - Export Sludge Force 93,109 31592 West Street Main Phase III Laguna Beach, CA 92607 015 Camino De Estrella Sewer Main 110,767 (949) 499-4555 058 Pacific Coast Hwy. 12" Water Main, Dana Point 924,920 058-CI0I-106 Holtz Hill Waterline, Dana Point SOUTHERN CALIFORNIA WATER 045 Albertoni Blvd., East of Avalon COMPANY Pipe Watermain Installation 17140 South Avalon Blvd., Suite 100 047 Inglewood Avenue 12" DI Pipe 251,790 Carson, CA 90746 049 223' Avenue, Hawiian Gardens-Watermain 217,257 (310) 767-8205 1 050 224 Avenue, Hawiian Gardens-Watermain 223,773 051 Brittain Avenue, Hawiian Gardens-Watermain 241,993 WALNUTVALLEY UNIFIED SCHOOL .008 Morning Sun Landslide Site - Walnut 25,392 DISTRICT 880 South Lemon Avenue Walnut, CA 91789 (909) 595-1261 Ext. 1378 GAimet\GC1\10BL1S'RGC1 REFERENCE SHT.doc Page 4 of 4 • . PAGE 6 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COMMUNITY OF BEACON BAY ASSESSMENT DISTRICT NO. 79 STREET, DRAINAGE, LIGHTING, AND UTILITY IMPROVEMENTS AND CITY SEWER REPLACEMENT CONTRACT NO. 3277 NON - COLLUSION AFFIDAVIT State of Califomia ) ) ss. County of Oranaat, ) Floyd Bennett , being first duly sworn, deposes and says that he or she is Secretary /Treasurer of GCI Construction. Tnc- , 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. 1 declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. GCI Construction, Inc, Bidder Authoriz d Signature(Title Secretary/ Floyd Bennett Treasurer Subscribed and sworn to before me this q-HL day of 12001. It. RUSSELL Comm. N 1166123 N NOTARY PUALIC - CAUrOANIA N ry Public Y� m `FM ° /;,County �, °o '' 0 0 PAGE 7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COMMUNITY OF BEACON BAY ASSESSMENT DISTRICT NO. 79 STREET, DRAINAGE, LIGHTING, AND UTILITY IMPROVEMENTS AND CITY SEWER REPLACEMENT CONTRACT NO. 3277 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of receipt Notice of Award to the successful bidder: • CONTRACT • 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. 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 Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of receipt Notice 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. PAGE 8 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT COMMUNITY OF BEACON BAY ASSESSMENT DISTRICT NO. T9 STREET, DRAINAGE, LIGHTING, AND UTILITY IMPROVEMENTS AND CITY SEWER REPLACEMENT CONTRACT NO. 3277 CONTRACT THIS AGREEMENT, entered into this 24th day of April, 2001, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and GCI Construction, Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: COMMUNITY OF BEACON BAY ASSESSMENT DISTRICT NO. 79 STREET, DRAINAGE, LIGHTING AND UTILITY IMPROVEMENTS, AND CITY SEWER REPLACEMENT Contract No. 3277 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. 3277, 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. 0 0 PAGE 9 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 six hundred fifty -eight thousand, one hundred fifteen and 001100 Dollars ($658,115.00). 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; and (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 CONTRACTOR City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Richard Hoffstadt (949) 644 -3311 GCI Construction, Inc. 245 Fischer Ave., B -3 Costa Mesa, CA 92626 (714) 957 -0233 F. LABOR CODE 3700 LIABILITY INSURANCE: Contractor, by executing this Contract, hereby certifies: 1 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: All 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. PAGE 10 Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 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 0001 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. b) Insurance Services Office Business Auto Coverage form number CA 0001 0187 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. 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. PAGE 11 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. 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: a) General Liability and Automobile Liability Coverage City, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self - insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, 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, officials, employees and volunteers for losses arising from work performed by Contractor for City. PAGE 12 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. 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 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 offer the Contractor to stop Work under this Agreement and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. 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. 2. 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 or active 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. 0 PAGE 13 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. i. 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. 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. ATTEST: APPROVED AS TO FORM: CITY OF NEWPORT BEACH, a Municipal Corporation By w� MAYOR Garold B. Adams GCI CONSTRUCTION, INC. r By: CITY ATTORNEY Auth ed g� nature and Title -- Seltzer Insurance 1524 East Mayfair Orange, CA 92867 GCI Construction Inc t a Pacific Equipment LLC. CME, Inc. 245 Fischer Ave. Suite B -3 IQ Company Mt. Hawley RIJ MAY A Insurance Company - Company National Casualty Insurance Company "GCIC002 -DEB B --- Company National Union Fire Insurance Co. C AIG Companies Company D = State Compensation Ins Fund INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY POLICY GO TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS LTR DATE DATE GENERAL LIABILITY General Aggregate A Commercial General Liab MGLO129893 04/01 /O1 04/01 /02 Products-Comp 0 s Agg 000,000 Claims Made ®Occur Personal & Adv In Lr Owner's & Cont Protective Each Occurrence $ B Any Auto All Owned Autos Scheduled Autos Hired Autos Non -Owned Autos Auto CA1010425 104/25/01 104 /25/02 (Combined Single Limit Property Damage C Umbrella -Form Other Than Umbrella Form BE8711668 04/01/01 04/01/02 !Aggregate $ D WORIOM' OQM1U ATION AND EMPLOYERS' LIABILITY he Propr'etor/t Incl frtners/�= ive ficers are: Excl 1627031 -01 03/17/01 03/17/02 Statutor Limi he EL Each Accident EL Disease-Policy Limit $ EL Disease -Ea Em to ee E OTHER rM / Equipment MXI98401074 4/01/01 04/01/02 eased /Hired Rented unit $ 100,-00 DESCRIPTION OF OPERATIONS LOCATIONS /VEHICLES /SPECIAL ITEMS ;ertificate Holder(s) are named Additional Insured(s) as per attached indorsement with respect to Community of Beacon Bay Assessment District 10 79 Street, Drainage, Lighting and Utility Improvements and Contract !io. . 3257 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL I DAYS WRITTEN NOTICE TO THE CERTIFICATE HOL LEFT, City Of Newport Beach Public Works Department P.O. Box 1768 Newport Beach, CA 92658 -8915 0 GCI Construction, Inc. POLICY NUMBER: MGLO129893 0 COMMERCIAL GENERAL LIABILITY 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, Organization, Partnership, Joint Venture, Owner and Any Designated Affiliates: THE CITY OF NEWPORT BEACH, ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 PROJECT: Community of Beacon Bay Assessment District No.79 Street, Drainage, Lighting and Utility Improvements Constrct No. 3277 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. PRIMARY & NON - CONTRIBUTORY WORDING SUCH INSURANCE AFFORDED BY THIS POLICY FOR THE BENEFIT OF THE ADDITIONAL INSUREDS SHALL BE PRIMARY INSURANCE AND /OR PRIMARY SOURCE OF RECOVERY AS RESPECTS CITY, ITS OFFICIALS, EMPLOYEES AND VOLUNTEERS. ANY INSURANCE OR SELF- INSURNACE MAINTAINED BY CITY, ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS SHALL BE EXCESS OF THE CONTRACTOR'S INSURANCE AND SHALL NOT CONTRIBUTE WITH IT. 1 CG 2010 11 85 Copyright, Insurance Services Office, Inc., 1984 GCI Construction, Inc. POLICY NUMBER: CAI010425 COMMERCIAL AUTO LIABILITY 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, Organization, Partnership, Joint Venture, Owner and Any Designated Affiliates: THE CITY OF NEWPORT BEACH, ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 PROJECT: Community of Beacon Bay Assessment District No.79 Street, Drainage, Lighting and Utility Improvements Constrct No. 3277 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. PRIMARY & NON - CONTRIBUTORY WORDING SUCH INSURANCE AFFORDED BY THIS POLICY FOR THE BENEFIT OF THE ADDITIONAL INSUREDS SHALL BE PRIMARY INSURANCE AND /OR PRIMARY SOURCE OF RECOVERY AS RESPECTS CITY, ITS OFFICIALS, EMPLOYEES AND VOLUNTEERS. ANY INSURANCE OR SELF - INSURNACE MAINTAINED BY CITY, ITS OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS SHALL BE EXCESS OF THE CONTRACTOR'S INSURANCE AND SHALL NOT CONTRIBUTE WITH IT. 9 J_ L== AUT ORIZED REPRESE T TIVE CG 2010 11 85 Copyright, Insurance Services Office, Inc., 1984 I COMPENSATION I N S U R A N C E FUN o APRIL 23, 200`' rt CITY OF NEWPO F 0 BOX 1768 NEWPORT BEACH P.O. BOX 420807, SAN FRANCISCO, CA 94142 -0807 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 policy period indlcdted. This policy is not subject to cancellation by the Fund except upon ten days'.advance written notice to the employer. We will also give you TEN 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 alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any :contract or other document with respect to which This certificate oV insurance may be Issued "or may pertain tha insurance affo "rded by the policies described herein is.subject to all the terms: exclusiorr"s a€ d conditions of suchvpohcles. 1W AUTHORIZED REPRESENTATIYE5: "i 6 = ;;t, SIDENT. EMPLOYER'S LIABILITY, =LZ'MIT INCLUDING,DZFENSE; COSTS: ly>40O,000gPER'OCCURRENCE. OCI CONSTRUCTION -INC AND CME WME INC z 245 FISCHER AVE STE B COSTA MESA CA 92626 vh xf s a 1 1 STATE P.O. Box 420807, SAN FRANCISCO, CA 94142 -0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE THE CITY OF NEWPORT BEACH, ITS POLICYNUMBER: 1627031 OFFICERS, OFFICIALS, EMPLOYEES AND VOLUNTEERS-' CERTMCATEExputEs: 03/17/02 P.O. BOX 1768 NEWPORT BEACH, CA 92658 -8915 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 policy period indicated. This policy is not subject to cancellation by the Fund except upon BSdays advance written notice to the employer. We will also give you #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 alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance 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. AUTHORIZED REPRESENTATIVE EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 04/18/01 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: THE CITY OF NEWPORT BEACH, ITS OFF OFFICIALS., EMPLOYEES AND VOLUNTEERS' ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS NOTICE EFFECTIVE 04/18/01 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT # 2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 04/18/01 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: THE CITY OF NEWPORT BEACH EMPLOYER GCI CONSTRUCTION, INC. 245 Fischer Avenue, #B -3 Costa Mesa, CA 92626 SCIF 10262 (REV. 3-85) • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL CONTRACT NO. C -3277 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, California 92663 -8915 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. C -3271 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization, including demobilization and remobilization related to the undergrounding of overhead utilities, Demobilization and�Clean p. @il��"' Dollars and Cents Per Lump Sum 2. 2,350 CY Excavation, including exporting excess and/or unsuitable excavated material offsite, importing and com- pacting suitable material in order to achieve the engineered grades for the unit price of @ jE/eyeh Dollars and 110 Cents Per Cubic Yard $ 11.00 $ 10 CU $ zZ5 - a • PR2of12 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 3. 3,120 LF Construct Concrete Curb, Curb and Gutter, Rolled Curb and Gutter, Catch Basin Transitions, Local Depressions, and Curb Transitions, including sawcutting the joins to existing, for the unit price @ -rut)t, Dollars and Cents $ 12.50 $ ou ao Per Linear Foot 4. 28 CY Construct Minor Concrete Curb Ramps, 6" PCC (Crosswalks), Cross Gutters, and Steps, including sawcutting the joins to existing, and all incidentals, for the unit price of @6b u"y' � � Dollars and f 1D Cents $ 178.0" $ oa Per Cubic Yard 5. 1,092 TON Place Asphalt Concrete Pavement, including sawcutting the joins to existing, for the unit price of @ __Dollars and (� Cents $ 5D oO $ T X0.00 Per Ton 6. 1,456 TON Place Aggregate Base Course, including subgrade preparation, for the unit price of @:11A2:0 O112 Dollars and Cents $ ,Z1. 00 $ 57& .6 Per Ton 0 16 PR3of12 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 7. 900 LF Construct Masonry Planter Wall along the north side of Beacon Bay Drive and the west side of Cutter Road as required to maintain exist- ing landscaping and preserve private property improvements, including excavation, concrete footing, masonry blocks, grouting, mortar cap, backfill and restoration of the existing ground behind the wall for the unit price of @Turyt o_Dollars and fa Cents $ Z4.00 $ 21, W0• 00 Per Linear Foot 8, 6 EA. Construct Asphalt Concrete Speed Humps, including Tack Coat, Striping, Signing, Pavement Markings, and appurtenances, for the unit price of @ 4c n� _[ ,� Dollars and (ILD Cents $ I.-W-00 $ 10T2o0.0O Each 6,572 SQYD Remove Asphalt Concrete Pavement and Base, including existing speed bumps, sawcutting along the limits of removal, and disposal of removed materials for the unit price of @ TtIfQa, Dollars and AA Cents $ 3.00 $ 19.71 Square Yard 10. 910 LF Remove Concrete Curb, including sawcutting at the limits of removal, and disposal of removed materials for the unit price of @ 11rmwj Dollars and (1D Cents $ 00 $ 2,7 "O Linear Foot • • PR4of12 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 11. 19 SQYD Remove Miscellaneous Concrete and Brick, including concrete ribbon gutters, walkways, driveways, steps, and disposal of removed materials for the unit price of @ cif tt IllY14 Dollars and Cents $ 59.00 $ I'L -Z.° ° Square Yard 12. Lump Sum Adjust to Grade all existing Cable Television Pull Boxes, Gas Meter Pull Boxes, Sewer Manholes, Sewer Clean -outs, Telephone Manholes, and Water Meter Boxes within the project limits as shown on the plans for the lump sum price of @ Si_ x plc }Wltdfjd Dollars and n0 Cents $ (0,100-00 Lump Sum 13. 10 EA. Install new valve box cover for the unit price of @'hq , hJI111A Dollars and AQ _Cents $BOO $ 3. Each 14. Lump Sum Striping and Pavement Markings to match existing, including stop bars, pavement markings, painted curbs, and crosswalk markings for the lump sum price of @TLIG 711oos 4-*1d Dollars and A8 Cents $ Z 060 06 Lump Sum 0 0 PR5of12 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 15. 16 EA. Remove existing drainage inlets, including excavation, and disposal of the removed inlet for the unit price of @ IukAlbciYJi-wftlDollars and Cents $ Z50"do $ A4,000-110 Each 16. 12 EA. Construct Catch Basin, including excavation, formwork, concrete, reinforcement, finishing, trash rack, Fossil Filteff", backfill, stenciling and appurtenances, for the unit price of @ Dollars and Ylsa Cents $ 4000:03 $ 60 Each 17. 1 EA. Construct Dutch Drain, including excavation, formwork, concrete, finishing, aggregate base, sand, and backfill for the unit price of @ i @:Siy, twfdfalaff Dollars '4and Cents $ Oo $ &70 Each 18. 4 EA. Construct Manhole, including excavation, formwork, concrete, reinforcement, finishing, and appurtenances, for the unit price of @- T0Qa44llac15&Kd Dollars and AD Cents $ ,T $ /2 Each 0 • PR6of12 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 19. 507 LF Install 18 -inch diameter Reinforced Concrete Pipe including trenching, backfill, resurfacing, and appurtenances for the unit price of @ LQ tl Dollars and 1�4 Cents $ -7 ,00 $� Linear Foot 20. 368 LF Install 24 -inch diameter Reinforced Concrete Pipe including trenching, backfill, resurfacing, and appurtenances for the unit price of @ �S()JrA� Dollars and M Cents $q"] oo $ ° Linear Foot 21. 281 LF Install 27 -inch diameter Reinforced Concrete Pipe including trenching, backfill, resurfacing, and appurtenances for the unit price of CdOVhltl&0� _LwjkDollars and A0 Cents $ Linear Foot 22. 40 LF Install 30 -inch diameter Reinforced Concrete Pipe including trenching, backfill, resurfacing, and appurtenances for the • unit price of @GInQ h1lMd�� > �Y' Dollars and _Cents $ 12M�0 $ 4 Linear Foot 23. 131 LF Install 36 -inch diameter Reinforced Concrete Pipe including trenching, backfill, resurfacing, and appurtenances for the unit price of @ jdaY g h.,Ur&d d Dollars and (lf9 Cents Linear Foot 0 • PR7of12 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 24. 2 EA. Construct Junction Structure, including excavation, formwork, concrete, reinforcement, finishing and appurtenances for the unit price of @ dI' Dollars and Cents $ I,SaC1 °d $ 00, °� Each 25. 2 EA. Construct Transition Structure, including excavation, formwork, concrete, reinforcement, finishing and appurtenances for the unit price of '' 11.. an @ t( 4444ollars and i� Cents $ 3 "510.00 $ 7 400,°° Each 26. 5 EA. Construct Concrete Intermediate Support Structures, including excavation, formwork, concrete, reinforcement, finishing and appurtenances for the unit price of @ Fc�W4211 �Lrj( Dollars and (l0 Cents $ I 0 •°O $ Atzalo Each 27. 4 EA. Construct Concrete collars, including excavation, formwork, concrete, reinforcement, finishing and appurtenances for the unit price of @ Dollars and AO Cents $ PY10 00 $ 9260.o0' Each 0 • PR8of12 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 28. 1 EA. Construct Grated Inlet, including removal of the existing inlet and PVC pipe, construction of a new inlet, 8- inch diameter concrete pipe, excavation, backfill, resurfacing, and appurtenances for the unit price of @TU)NTtUilCMd Dollars and Cents $ .2i000'" $ z i ppp,00 Each 29. 1 EA. Construct storm drain outlet headwall barrier protection, riprap, and fence, including excavation, formwork, concrete, reinforcement, finishing, dewatering, and appurtenances, for the unit price of @ �h° l RouSano Dollars and n.9 Cents $5,000-46 $ 5 OOQ o6 Each 30. 125 LF Construct concrete mow strip, including excavation, formwork, concrete, finishing and appurtenances for the unit price of @ Teri Dollars and NO Cents $ 01 " _ $ 21 Linear Foot 31. 1,250 L.F. Remove existing 8 -inch VCP gravity sewer pipe and install 8 -inch VCP gravity sewer pipe with temporary trench resurfacing, including providing temporary sewer service during sewer removal and replacement prior to televising and acceptance. @ 1 �E kf- Dollars and (Z9 Cents $ 4$. 40 $ lao)006 00 Per Lineal Foot PR9of12 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 32. 25 EA. Remove existing sewer lateral and replace with new VCP sewer lateral and cleanout per CNB STO 406 -L with temporary trench resurfacing and permanent curb, gutter and sidewalk construction to match existing. @ O(q -ftusartLj Dollars and RD Cents Per Each MOM= 33. 35 L.F. Remove existing 6 -inch VCP gravity sewer pipe and install 6 -inch VCP gravity sewer pipe with temporary trench resurfacing, including providing temporary sewer service during sewer removal and replacement prior to televising and acceptance. @ %W` Dollars and A6 Cents Per Each c, _F4;_' 34. 191 L.F. Remove existing 6 -inch CIP gravity sewer pipe and install 6 -inch VCP gravity sewer pipe including five house service connections. Provide temporary sewer service during sewer removal and replacement prior to televising and acceptance. Replace curb and gutter per CNB STD - 182 -L, Type A. Document existing surface conditions with photographs and restore all existing ground cover and surface improvements to match pre - construction conditions. @(SYt KIWr LP 0u D II rs and (W Cents $ low , 67 JjA X11 $ Zj- 730.0 $JET 3�od • PR 10 of 12 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Per Each 35. 3 EA. Remove existing terminal sewer cleanout and replace with new terminal sewer cleanout per CNB STD - 400 -L. @7 r. wl odf�a�S�nr>kaDollars wand A0 Cents $ 1W.00 $ L0tgQ °d Per Each 36. 7 EA. Remove existing sewer manhole and replace with new 48 -inch sewer manhole per CNB STD - 401 -L. @ Dollars and (to Cents $a 006 - $ 14000.0(1 Per Each 37. Lump Sum Mandrel and flush new sewer mains. @rfVC Utndfed rej� Dollars and 112 Cents $ F!511),00 Per Lump Sum 38. Lump Sum Provide constructio�nj�,,d�ewat�ering. @ ll�-�t l`� tkot)Dollars and �d Cents $ ZZ,Q?Q Per Lump Sum 39. Lump Sum Provide traffic control. Two+koosand T,) G @�RL&drm lama Dollars and 110 Cents $ 2i �d0 Per Lump Sum • 0 PR 11 of 12 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 40. Lump Sum Excavation safety measures including adequate sheeting, shoring, and bracing or equivalent methods for the protection of life and limb, which shall comply to applicable safety ,o1rders. @ rpiczc u"Ir'x' Dollars and Cents Per Lump Sum TOTAL PRICE IN WRITTEN WORDS and & _Cents 4Dri 19 ,.jai Dates (714) 957 -0233 Fx (714) 540 -1148 Bidder's Telephone and Fax Numbers 755356 Class A Bidder's License No(s). and Classification(s) DEDUCTIVE BID ITEM $ ! W(0,03 /ten IIC� Total Price ( igures) GCI Constructio Bidder idde s Authorized Signature and Title Floyd Bennett Secretary /Treasurer 245 Fischer- live 8 -3• Costa Mesa CA` Bidder's Address 92626 The following bid items are ADDITIVE or DEDUCTIVE to the overall project, bid items 1 through 40. For Bid Item 41, the Contractor shall calculate the DEDUCTION for installing 36 -inch corrugated aluminum pipe (10 ga.) between Station 71 +15.03 and the outlet structure at Station 71 +70+ in lieu of the Reinforced Concrete Pipe. In addition, the contractor shall include a reduction of intermediate pipe supports from 5 to 2. Note that the City of Newport Beach reserves the exclusive right, in its sole discretion, to award one or both of the following additive bid items as contained in this Proposal. The City may reject any or all bids, waive any informality in any bid and make the award in the best interest of the City. PR 12 of 12 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 41. Lump Sum Substitute corrugated aluminum pipe (10 ga.) between Stations 71 +15.03 and 71 +70+ and reduce intermediate pipe supports to 2. @ Sx�i u�d red 'Al o l l a rs and Cents Per Lump Sum F: \Users \PBW\Shared \Contracts \FY 00 -01 \Beacon Bay AD 79 & Sewer C- 3277\Proposal C- 3277.doc M 0 0 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS COMMUNITY OF BEACON BAY ASSESSMENT DISTRICT NO 79 STREET, DRAINAGE, LIGHTING, AND UTILITY IMPROVEMENTS AND CITY SEWER REPLACEMENT CONTRACT NO. 3277 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 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 -7 ADJUSTMENTS TO GRADE 5 -8 UNDERGROUNDING OVERHEAD UTILITIES SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -2 PROSECUTION OF WORK 6 -2.1 Construction Sequencing 6 -7 TIME OF COMPLETION `q 2 2 2 3 3 3 3 3 3 3 3 4 4 4 4 4 4 4 5 6 -7.1 General 5 6 -7.2 Working Days 5 6 -7.4 Working Hours 5 6 -9 LIQUIDATED DAMAGES 6 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 6 7 -5 PERMITS 6 7 -8 PROJECT SITE MAINTENANCE 6 7 -8.5 Temporary Light, Power and Water 6 7 -8.6 Water Pollution Control 6 7 -8.8 Steel Plates 7 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 7 -10.1 Traffic and Access 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 Notice to Residents 8 7 -15 CONTRACTOR LICENSES 9 7 -16 CONTRACTOR'S RECORDSIAS BUILT DRAWINGS 9 SECTION 9 MEASUREMENT AND PAYMENT 9 9 -3 PAYMENT 9 9 -3.1 General 9 9 -3.2 Partial and Final Payment 9 PART 2 - -- CONSTRUCTION MATERIALS 10 SECTION 200 ROCK MATERIALS 10 200 -1 ROCK PRODUCTS 10 200 -1.6 Stone for Riprap 10 200 -2 UNTREATED BASE MATERIALS 10 200 -2.1 General 10 PART 3 - -- CONSTRUCTION METHODS 10 SECTION 300 EARTHWORK 10 300 -1 CLEARING AND GRUBBING 10 300 -1.1 General 10 300 -1.2 Preservation of Property 10 300 -1.3 Removal and Disposal of Materials 10 300 -1.3.1 General 10 300 - 1.3.2.1 Requirements 11 300 -1.5 Solid Waste Diversion 11 300 -5 BORROW EXCAVATION 11 300 -5.2 Imported Borrow 11 SECTION 301 TREATED SOIL, SUBGRADE PREPARATION & PLACEMENT OF BASE MATERIALS 11 301 -1.6 Adjustment of Manhole Frame and Cover Sets to Grade 11 301 -1.7 Payment 12 SECTION 302 ROADWAY SURFACING 12 302 -5 ASPHALT CONCRETE PAVEMENT 12 302 -5.1 General 12 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION 12 303-4 MASONRY CONSTRUCTION 12 303 -4.1 Concrete Block Masonry 12 303 -4.1.5 Measurement and Payment 12 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS 12 303 -5.5 Finishing 12 303 -5.1 General 13 303 -5.1.1 General 13 303 -5.4 Joints 13 303 -5.4.1 General 13 303 -5.5.2 Curb 13 303 -5.5.4 Gutter 13 303 -5.9 Measurement and Payment 13 SECTION 306 UNDERGROUND CONDUIT CONSTRUCTION 13 306 -1 OPEN TRENCH OPERATIONS 13 306 -1.1 Trench Excavation 13 306 -1.1.6 Bracing Excavation 13 306 -9 STORM DRAIN OUTLET CONSTRUCTION 14 306 -9.1 General 14 306 -9.2 Concrete Support Blocks 14 0 0 306 -9.3 Concrete Headwall 306 -9.4 Steel Reinforcement and Protection Barrier 306 -9.5 Outlet Sign SECTION 310 PAINTING 310 -5.6 Painting Traffic Striping, Pavment Markings, and Curb Markings 14 15 15 15 15 • • SP 1 OF 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS COMMUNITY OF BEACON BAY ASSESSMENT DISTRICT NO. 79 STREET, DRAINAGE, LIGHTING, AND UTILITY IMPROVEMENTS AND CITY SEWER REPLACEMENT CONTRACT NO. C -3277 INTRODUCTION All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the Plans (Drawing Nos. R- 5767 -S and S- 5180 -S); (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., 3055 Overland Avenue, Los Angeles, California, 90034, telephone (310) 202 -7775. (The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: These specifications have been prepared under the direction of the following Registered Engineer. The Registered Civil Engineer attests to the technical information contained herein and has judged the qualifications of any technical specialists providing engineering data upon which recommendations, conclusions, and decisions are based. Richard L. Ho taat, P.E. City of Newport Beach -? - /6,d/ Date . 9 SP 2 OF 15 PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE A. Add to this Section, "The work necessary for the completion of this contract consists of removing existing sewer main and laterals and installation of new sewer main and laterals; Installation of a new storm drain system and street improvements and other incidental items of work. The project consists of two separate sets of construction drawings as follows: 1. Removal of existing 8 -inch VCP sewer main and installation of 8- inch VCP sewer main in same trench, removal of existing 6 -inch VCP and CIP sewer main and installation of 6 -inch VCP sewer main in same trench, removal of existing sewer manholes and installation of new manholes at same locations, installation of 4- inch VCP sewer laterals, connection of existing sewer laterals to new sewer laterals at the property line, installation of sewer laterals and cleanouts, connections to existing sewer pipe, manholes and laterals and restoration of existing surface improvements not considered in the following Section 2. 2. Removing and replacing asphalt concrete structural pavement section, constructing concrete curb and gutter, installing new storm drain pipe, catch basins, manholes, junction structures, transition structures, outlet structures and pipe appurtenances, and constructing other incidental items of work." 2 -9 SURVEYING 2 -9.3 Survey Service. Replace this Section with, "Engineer has established survey control and provided "C" nails at the locations indicated on the contract plans. The Contractor shall provide construction survey to establish the control centerlines and provide construction staking required to construct the improvements. Construction staking shall be at minimum twenty -five- (25) foot intervals. Forms must be certified by City survey crew prior to pouring (due to area being so flat). Contractor shall be responsible for the cost of any re- staking required due to disturbance caused by its operations, failure to protect the work site from vandalism or other causes of loss. Payment for survey control shall be included in the price bid for the various items of work and no additional compensation will be made therefore." • • SP 3 OF 15 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." 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 City. The Contractor shall furnish the City full information as to the progress of the work in its various parts and shall give the City timely (48 hours minimum) notice of the Contractor's readiness for inspection. The City 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 City, 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 E SP 4 OF 15 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 UNDERGROUNDING OVERHEAD UTILITIES. Southern California Edison, Pacific Bell and Adelphia Communications will be undergrounding the existing overhead electric, telephone and cable lines within the project site. The conduit for this undergrounding will be approximately three (3) feet off the proposed curb face along Beacon Bay Drive, Cutter Road, Ketch Road, Schooner Road and Yawl Road. The Contractor shall cooperate with Southern California Edison and Pacific Bell's contractor per Section 5 -6 of the Standard Specifications. Individual contractors may be on site constructing home improvement for the homeowners. The Contractor shall cooperate with these contractors as well. SECTION 6--- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this Section, "No work shall begin until a schedule of work has been approved and a "Notice to Proceed" has been issued by the City. The Contractor shall submit a construction schedule to the City for approval a minimum of five (5) working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to submit a remedial schedule, showing how he will meet the time of completion requirement of work falls behind the approved schedule. The Engineer will review the schedule and may require the Contractor to reschedule to conform to the requirements of the Contract Documents." The Contractor shall schedule and conduct his work in such a manner as to minimize the inconvenience to the public. The term "work" as used herein shall include all construction necessary to complete the project. 6 -2 PROSECUTION OF WORK 6 -2.1 Construction Sequencing. Add this to this Section, "The Contractor shall pothole and locate all existing sewer laterals at the property line after the lateral at the main is uncovered. The excavations for each pothole shall be backfilled and temporarily surfaced with 2 inches of asphalt concrete. The sewer replacement work and new storm drain located in the streets shall be constructed prior to Edison contract underground overhead utility lines. Upon completion of the sewer and strom drain work, the Contractor shall pull off of the job site for 90 days so that the Edison contractor can complete the construction of the • SP 5 OF 15 underground conduits. Once the Edison work is complete, the Contractor can commence construction project. No more than 100 feet of sewer trench will be open at any given time. Excavations shall be backfilled or plated at the end of each workday. Sewer service shall not be interrupted except for brief periods during tie -ins and as approved by the City. A one -hour shut down of sewer facilities will be allowed. The Contractor will be responsible for any necessary division of waste during shutdown. The Contractor will be responsible for completing all connections within the time periods allowed. The times and dates of any sewer to be shut down will be approved by the City. No nighttime work will be allowed. The Contractor is responsible for replacing any and all improvements damaged during construction of this project, including but not limited to sidewalk, curb and gutter driveway approaches. The Contractor is advised to thoroughly familiarize himself with all field conditions prior to submitting his bid. It will be assumed the Contractor's bid includes replacement of all standard and non - standard improvements damaged during construction and no additional allowance will made therefore." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this Section, "The Contractor shall complete the sewer main and lateral construction including lateral connections and storm drain work located in the streets under the Contract within forty -five (45) consecutive working days from the date of the "Notice to Proceed ". It will be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100% completion of work." The Contractor shall have an additional forty -five (45) consecutive working days from the date Edison completes the installation of their underground conduits to complete the remainder of the project. 6 -7.2 Working Days. Revise 3) to read, "any City holiday, defined as January 1st, the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday in November (Thanksgiving), and December 25th (Christmas). If January 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 is limited to 7:30 a.m. to 4:30 p.m. Monday through Thursday and 7:30 a.m. to 3:30 p.m. on Fridays. Should the Contractor elect to work later than normal working hours on weekdays (up to 6:30 p.m.) or between 8:00 a.m. and 6:00 p.m. on Saturday, he must first obtain special permission from the City. A request for working during any of these • • SP 6 OF 15 hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for inspection costs of $50.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read, "For each consecutive calendar day after the forty five (45) consecutive working days specified for completion of the work, the time specified for completion of Work, whichever occurs first, as adjusted in accordance with subsection 6 -6, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500.00. Revise paragraph two, sentence one, to read "Execution of the Contract shall constitute agreement by the City and Contractor that $500.00 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time." The intent of this Section is to emphasize to the Contractor the importance of prosecuting the work in an orderly preplanned continuous sequence so as to minimize the time that the park is closed to the public. SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -5 PERMITS. Replace Paragraph one with, "The Contractor shall procure all necessary permits, including a no fee Encroachment Permit from the City. The Contractor shall be responsible for complying with the City's California Regional Water Quality Control Board Waste Discharge Permit Requirements attached in Appendix A. The Contractor shall pump dewatering discharges through sedimentation tanks prior to discharge into Newport Bay, and will cooperate in the City's monitoring and reporting effort to comply with permit requirements." 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this Section, "If the Contractor elects to use the City's water, he shall arrange for a meter and tender a $750 meter deposit with the City. Upon return of the meter 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." 7-8.6 Water Pollution Control. Add to this Section, "Surface runoff and ground water containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into the bay. The Contractor shall pay for all water quality testing related to permit requirements identified in Appendix A." Dual stage Fossil Filter TM systems or equivalent shall be installed in all new catch basins. Fossil Filter T"'systems can be ordered through KriStar Enterprises at (800) 579 -8819. All new curb opening catch basins shall be stenciled "ONLY RAIN IN THE DRAIN" in 2 -inch high blue lettering or as directed by the Engineer. Payment • SP 7 OF 15 shall be per the unit price for catch basin as shown in the bid, and no additional payment will be made therefore. 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 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this Section, "The Contractor shall provide traffic control and access in accord with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc. Access to alleys shall be maintained at all times." 7 -10.3 Street Closures, Detours and Barricades. Add to this Section, "The Contractor shall also prepare a traffic control plan. The Contractor will be responsible for processing and obtaining approval of a traffic control plan from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan." 7 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this Section, "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer or the City's Representative to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." The detailed plan showing the design of shoring, etc., which the Contractor is required to submit to the City for acceptance in advance of excavation will not be accepted by the City if the plan is based on subsurface conditions which are more favorable than those revealed by the investigations made by the City or the Engineer or their consultants; nor will the plan be accepted if it is based on soils - related design criteria which is less restrictive than the criteria set forth in the report on the aforesaid investigations of subsurface conditions. The Contractor shall adhere to the design recommendations and Construction Consideration as set forth in the Geotechnical Investigation Report by Geomatrix Consultants, Inc., regarding trenching, pipe bedding, temporary dewatering, temporary shoring, backfill, etc. This report is available at Public Works Department. • • SP8OF15 The detailed plan showing the design of shoring, etc. shall include surcharge loads for nearby embankments and structures, for spoil banks, and for construction equipment and other construction loading. The plan shall indicate for all trench conditions the minimum horizontal distances from the side of the trench to its top to the near side of the surcharge loads. Nothing contained in this Section shall be construed as relieving the Contractor of the full responsibility for providing shoring, bracing, sloping, or other provisions which are adequate for worker protection. Replace Sentence two, paragraph two of this Section with, `The detailed plan shall be prepared by a registered civil or structural engineer licensed in the State of California. As a part of the plan, a note shall be included stating that the registered civil or structural engineer certifies that the plan complies with the CAL -OSHA Construction Safety Order, or that the registered civil or structural engineer certifies that the plan is not less effective than the shoring, bracing, sloping, or the provisions of the Safety Orders." 7 -10.5 "No Parking" Signs. The Contractor shall furnish, install, and maintain in place "NO PARKING - TOW AWAY" signs (even if streets have posted "NO PARKING' signs), which he shall post at least 48 hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division at (949) 644 -3717, for verification of posting at least Forty -eight (48) 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. Contractor shall allow safe access to all times to residents entering or exiting the properties via automotive vehicles or as a pedestrian. 7 -10.6 Street Sweeping Signs. After posting "NO PARKING - TOW AWAY" signs, the Contractor shall cover street sweeping signs, on those streets adjacent to construction, 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 uncover the street sweeping signs. 7 -10.7 Notices to Residents. Forty -eight (48) hours before the start of any construction, the Contractor shall distribute to Beacon Bay residents, a written notice stating when construction operations will start and what disruptions may occur and approximately when construction will be complete. 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 0 • SP9OF 15 God, strikes or other alterations of the schedule will require Contractor renotification using an explanatory letter furnished by the City. The City will review and approve the notification format prior to the Contractor distributing literature. 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" or "C -42" License and /or a Pipeline Specialty Contractor C -34 License. At the start of work and until completion of work, the Contractor shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. Contractor shall maintain books, records, and documents in accord with generally accepted accounting principals and practices. These books, records, and documents shall be retained for at least three (3) years after the date of completion of the project. During this time, the material shall be made available to the City. Suitable facilities are to be provided for access, inspection, and copying of this material. The stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built' drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and so certified by the City at the time each progress bill is submitted. Upon completion of the project, the Contractor shall provide "As- Built" corrections upon a copy of the Plans. The "As- Built" correction plans shall be verified by the Engineer prior to final payment or release of any bonds. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read, "The unit and lump sum prices include full compensation for furnishing the labor, materials, tools, and equipment involved to complete the work included in the Contract Documents. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. No additional compensation will be allowed." 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 200 -ROCK MATERIALS 200 -1 ROCK PRODUCTS SP 10 OF 15 200 -1.6 Stone for Riprap. Add to this Section, "Riprap used for the outlet structure shall conform to Section 200 -1.6, "Stone for Riprap." Use 170kg (375 lb) Class stones. Payment for riprap material and placement shall be included in the unit price bid for "Storm Drain Outlet' and no additional payment will be made therefore." 200 -2 UNTREATED BASE MATERIALS 200 -2.1 General. Add to this Section, "Aggregate base course shall conform to Section 200 -2.2, Crushed Aggregate Base. Slag Aggregate will not be permitted." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1 CLEARING AND GRUBBING 300 -1.1 General. Add to this Section, "Sawcutting, removal and disposal of all existing asphalt concrete pavement, aggregate base, speed bumps, PCC pavement, curb, gutter, walkway, inlets, brick, rock, masonry planter walls, concrete steps, curb ramps, and vegetation, as identified on the contract plans and interfering with the improvements, shall be removed per the standard specifications, these special provisions and at the direction of the Engineer. Payment will be per Section 9 Measurement and Payment of these special provisions and no additional compensation will be made therefore." 300 -1.2 Preservation of Property. Add to this Section, "Joins to existing driveways of varying materials and brick walkways shall be sawcut to full depth, unless otherwise specified on the contract drawings or in these special provisions." 300 -1.3 Removal and Disposal of Materials 300 -1.3.1 General. Add to this accordance with Section 300 -1.3.2 modified and supplemented herein. full depth sawcuts. Final remo accomplished by the use of jackt breakers or stoppers will not be accomplished by other means must Section, "The work shall be done in of the Standard Specifications except as Joins to existing pavement lines shall be ,al between the sawcut lines may be ammers or sledgehammers. Pavement permitted on the job. Final removal be approved, in advance, by the City. • SP 11 OF 15 The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each work day." The Contractor shall remove and dispose of any interfering improvements as identified on the project plans or as directed by the Engineer. The Contractor shall remove and neatly stack on adjacent private property, with the property owner's permission, salvageable material from that adjacent property, such as brick, flagstone, etc., unless otherwise directed by the Engineer to remove from the site and dispose. 300 - 1.3.2.1 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 "I '/z inch" of the last sentence with the words "two (2) inches." 300 -1.5 Solid Waste Diversion. Unless specified elsewhere in this contract, 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 City on a form provided by the City. 300 -5 BORROW EXCAVATION 300 -5.2 Imported Borrow. Replace this Section with, "Imported beach sand may be required to replenish the seasonal depletion at the outlet location. The Engineer shall determine with the assistance of the Contractor whether or not imported material is needed. If required, the Contractor shall determine the necessary quantity of material, at the direction of the Engineer, acquire, and place said material, per Section 300-4 Unclassified Fill. This work will be considered Extra Work as described in Section 3 -3 of the Standard Specifications." SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION, & PLACEMENT OF BASE MATERIAL 301 -1.6 Adjustment of Manhole Frame and Cover Sets to Grade. Replace the first sentence with "Utility manhole and vault frames and covers, including pull boxes, within an area to be paved or graded shall be set to finish grade by the Contractor. The utility owner shall be notified at least 48 hours prior to adjustment of their facility. The Contractor shall adhere to the standard specifications and the utility owner's requirements for adjustment of these facilities. All electrical pull boxes will be removed and replaced by Southern California Edison during their undergrounding construction." • SP 12 OF 15 301 -1.7 Payment. Delete paragraphs 3, 4, and 5. Replace with, "Payment for adjusting existing manholes, valve boxes, pull boxes, sewer cleanouts, water meter boxes, and any other existing utility pull box, cleanouts, or manhole identified as adjust to grade on the contract plans or directed by the Engineer within the project limits, shall be included in the contract lump sum or unit bid prices and no additional compensation will be allowed therefore." SECTION 302 - -- ROADWAY SURFACING 302 -5 ASPHALT CONCRETE PAVEMENT 302 -5.1 General. Add this Section, "The work shall be done in accordance with Section 203 -6, 302 -5 and 400-4 of the Standard Specifications, except as modified and supplemented below: The overlay surface shall be free of all dirt, debris, water and vegetation prior to overlay. Asphalt shall be placed in 2 lifts. Base course of Type III B2- AR4000 to be 2- inches thick. Cap course of Type III C3- AR4000 to be 1 -inch think to remaining surface. Tack to be SS1 H as per Standard Specs." SECTION 303 - -- CONCRETE AND MASONRY CONSTRUCTION 303-4 MASONRY CONSTRUCTION 303 -4.1 Concrete Block Masonry. Masonry materials, including colored block and colored mortar will be selected from mfg.'s standard color sets on the basis of submittals. 303 -4.1.5 Measurement and Payment. Revise Section to read: "Payment for masonry planter walls will be made per the unit price bid and shall include full compensation for furnishing all labor, materials, tools, and equipment necessary for the construction of the planter walls, including but not limited to excavation, concrete footing, concrete masonry block, reinforcement, grouting, mortar cap, an compacted backfill. No additional payment will be made therefore. Unless otherwise specified, masonry planter walls will be measured per lineal foot of wall constructed, regardless of the wall height." Walls are to be constructed in running bond 303 -5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTER„ ACCESS RAMPS AND DRIVEWAYS 303 -5.5 Finishing • • SP 13 OF 15 303 -5.1 General. Add to this Section, "All concrete used for curbs, walks, gutters, cross gutters, steps, and curb ramps shall be class 560 -C- 3250." 303.5.1.1 General. Add to this Section, "The Contractor shall patch back AC, P.C.C. and brick within private property at locations shown on the plans in a manner that matches the adjoining existing private property in structural - section, texture and color." 303 -5.4 Joints 303 -5.4.1 General. Add to this Section, "The Contractor shall sawcut parallel or perpendicular to the centerline of the street for all concrete removal." 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. To determine the location of sewer laterals, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (714) 644 -301 V' 303 -5.5.4 Gutter. Add to this Section, "The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan." 303 -5.9 Measurement and Payment. Add to this Section, "Measurement for concrete curb ramps, including integral curbs at ramps, 6 -inch PCC (crosswalks), cross gutters, and steps shall be per cubic yard and paid for as Minor Concrete as shown in the bid, and no additional payment will be made therefore. Concrete curb, curb and gutter, rolled curb and gutter, catch basin transitions, local depressions, and curb transitions shall be measured and paid per lineal foot of concrete curb and gutter as shown in the Bid, and no additional payment will be made therefore SECTION 306 - -- UNDERGROUND CONDUIT CONSTRUCTION 306 -1 OPEN TRENCH OPERATIONS 306 -1.1 Trench Excavation 306 -1.1.6 Bracing Excavation. Add to this Section, "The Contractor shall submit to the City for acceptance, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of any trench or trenches 5 -feet or more in depth. The plan shall be prepared by a registered civil or structural engineer licensed in the State of California. As part of the plan, a note shall be included stating that the registered civil or structural engineer certifies that the plan complies with CAL -OSHA • SP 14 OF 15 Construction Safety Orders, or that the registered civil or structural engineer certifies that the plan is not less effective than the shoring, bracing, sloping, or other provisions of the Safety Orders. The detailed plan showing the design of shoring, etc., which the Contractor is required to submit to the City for acceptance in advance of excavation, will not be accepted by the City if the plan is based on subsurface conditions which are more favorable than those revealed by the investigations made by the City or their consultants; nor will the plan be accepted if it is based on soils related design criteria which is less restrictive than the criteria set forth in the report on the aforesaid investigations of subsurface conditions. Copies of the soils report are available for inspection at the Public Works counter. The detailed plan shall include surcharge loads for nearby embankments and structures, spoil banks, construction equipment, and other construction loading. The plans shall indicate the minimum horizontal distances from the side of the trench to its top to the near side of the surcharge loads for all trench conditions. It is anticipated that groundwater will be encountered during excavations. Plans should reflect methods of handling same. Nothing contained in this article shall be construed as relieving the Contractor of the full responsibility for providing shoring, bracing, sloping, or other provisions which are adequate for worker protections." 306 -9.1 STORM DRAIN OUTLET CONSTRUCTION 306 -9.1 General This work shall consist of construction of the concrete outlet and intermediate support blocks as shown on the contract plans. 306 -9.2 Concrete Support Blocks Concrete construction shall conform to the applicable provisions in Section 303 -1. The intermediate support blocks shall be founded on firm native material. The contractor shall backfill around the pipe and support blocks with native or imported beach sand. Seasonal beach sand depletion may require the import of backfill (beach sand) material to be approved by the Engineer. It shall be the intention of the Contractor to match the existing profile and grade prior to depletion. All imported beach sand hall be clean, free of debris, and approved by the Engineer prior to placement. No additional payment will be made for rejected materials. 306 -9.3 Concrete Headwall Concrete construction shall conform to the applicable provisions in Section 303 -1. The concrete headwall shall be founded on firm native material, The contractor shall backfill around the pipe and headwall with native or imported beach sand and a two -foot thick layer of riprap per the plans. Seasonal beach sand depletion may require the import of backfill (beach sand) material to be ' • SP 15 OF 15 approved by the Engineer. It shall be the intention of the Contractor to match the existing profile and grade prior to depletion. All imported beach sand shall be clean, free of debris, and approved by the Engineer prior to placement. No additional payment will be made for rejected materials. The contractor shall determine, using input from the City, the final beach profile grades to be constructed. Concrete shall be Type V for all storm drain pipe, manholes, catch basins, transition structures, junction structures, concrete collars, inlets and headwalls to minimize the corrosive effect of salt water. 306 -9.4 Steel Reinforcement and Protection Barrier Steel reinforcement for concrete support blocks and the outlet structure shall conform to Section 201 -2, 'Reinforcement for Concrete." All exposed ferrous material including, but not limited to, the barrier protection angle frame, vertical and horizontal bars, hinges, sign post, bolts, nuts, and washers shall be hot dipped galvanized to conform to Section 210 -3, "Galvanizing ", unless otherwise specified on the plans. 306 -9.5 Outlet Sign The outlet sign shall conform to the provisions in Section 56, "Signs' of the State Standard Specifications, the State Specifications for Reflective Sheeting on Aluminum Sign, the State Specification of Aluminum Single- Sheet, and Laminated -Panel Signs, and these special provisions. SECTION 310 — PAINTING 310 -5.6 Painting Traffic Striping, Pavement Markings, and Curb Markings. Striping pavement markings and painted curbs shall conform to the standard specifications. Thermoplastic striping shall conform to applicable Caltrans specifications. F: \Users \PBW \Shared \Contracts \FY 00 -01 \Beacon Bay Sewer C- 3321 \SPECS C- 3277.doc April 24, 2001 1 CITY COUNCIL AGENDA A APPROVED ITEM NO. tJ TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: BEACON BAY ASSESSMENT DISTRICT NO. 79 STREET, DRAINAGE, LIGHTING, UTILITY IMPROVEMENTS, AND CITY SEWER REPLACEMENT - AWARD OF CONTRACT NO. 3277 RECOMMENDATIONS: Approve the plans and specifications. 2. Award Contract No. 3277 to GCI Construction for the Total Bid Price of $658,115.00, and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $30,000 to cover the cost of unforeseen work. 4. Authorize the Mayor to sign the Agreement with Southern California Edison for . the replacement of overhead with underground distribution facilities. BACKGROUND On February 27, 2001, the residents of Beacon Bay approved Assesment District No. 79, which includes the undergrounding of overhead utilities under Rule 20B and reconstruction of the Beacon Bay street and storm drain improvements. This work is covered by the sale of bonds and financed by the property owners. The City -owned and operated sewer mains within the assessment area are also in need of repair and will be constructed with separate City funds. The project combines the storm drain, sewer, and street improvements into one single contract to minimize construction impacts to the community. The contract includes approximately 1300 linear feet of 24 -, 30 -, and 36 -inch storm drains along with the complete reconstruction of the streets within Beacon Bay and these improvements will be funded by the assessment district. Approximately 1200 linear feet of 8 -inch sewer main and lateral replacements along Beacon Bay Drive and the replacement of a 6 -inch sewer main between Beacon Bay and the Balboa Yacht Basin will be paid for with City sewer funds. The street and storm drain bid items and the sewer bid items have been separated to accurately reflect which will be paid through assessments and which will be paid with City sewer funds. DISCUSSION: At 2:00 P.M on April 10, 2001, the City Clerk opened and read the following bids for Contract 3277: SUBJECT: BEACON BAY ASSESSMENT DISTRICT NO. 79 STREET, DRAINAGE, LIGHTING, UTILITY IMPROVEMENTS, AND CITY SEWER REPLACEMENT - AWARD OF CONTRACT NO. 3277 Apri124,2001 Page: 2 BIDDER TOTAL BID AMOUNT Low GCI Construction, Inc. $658,115 2 Orion Contracting $788,696 The low total bid amount is one percent below the Engineers Estimate of $665,000. The low bidder, GCI Construction, possesses a Class "A" contractors license as required by the project specifications. GCI has satisfactorily completed similar projects for the City in the past, including the recently completed Central Balboa Water, Sewer and Alley Improvements, and the Dunes Storm Water Diversion project. The contract is structured to require GCI Construction to coordinate their work with the Southern California Edison undergrounding contractor, Arizona Pipeline. FUNDING AND RECOMMENDATION Funds for the storm drain and street improvements portion of this contract are provided from homeowner assessments associated with the bond sale. Funds for the sewer improvements are provided from the Wastewater Enterprise Fund. Following is a breakdown of the expenditures from the various accounts: Account Description Account Number Amount AD 79 — Beacon Bay 7401- C5200418 $523,941 Sewer Main Master Plan 7531- C5600292 88,374 Beacon Bay Sewer Replacement 7531- C5600533 57,925 Sewer Manhole Replacement/Addition 7533- C5600339 17,875 Total: $688,115 The attached undergrounding agreement authorizes assessment district bond funds in the amount of $458,755.32 to be transferred to Southern California Edison to pay their contractor, Arizona Pipeline, to complete the undergrounding of phone, cable, and power systems. This amount is in addition to the $688,115.00. Staff recommends award of Contract No. 3277 to GCI Construction, Council approval of the Utility Agreement with Southern California Edison, and authorizing the Mayor and City Clerk to execute Contract No. 3277 and the Utility Agreement. Respectfully sub d C WORKS DEPARTMENT Don Webb, Directpr J. Sinacori, P.E. 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It is necessary for all property owners served from Utility's overhead facilities to be removed to agree in writing to perform the wiring changes on owners' premises so that service may be furnished from Utility's underground distribution system in accordance with Utility's rules and that Utility may discontinue Utility's overhead service upon completion of Utility's underground facilities, or b. Suitable legislation is in effect requiring such property owners to make such necessary wiring changes and authorizing Utility to discontinue Utility's overhead service; and WHEREAS, Applicants have requested Utility to furnish and install the pads and vaults for transformers and associated equipment, conduits, ducts, boxes, and electrolier bases and to perform other work related to structures and substructures including breaking of pavement, trenching, backfilling, and repaving required in connection with installation of the underground system; and WHEREAS, Underground service connections to each applicant from. Utility's underground distribution system will be installed and maintained as provided in Utility's rules applicable thereto; NOW, THEREFORE, in consideration of the premises, and of the mutual promises and covenants of the parties hereto, hereinafter contained, it is mutually.agreed by and between the parties hereto as follows, viz.: 1. Applicants will pay to Utility concurrently with the execution of this agreement the nonrefundable amount of $ 4 t R , 7 s s - 2which is the sum of $ , the estimated cost of furnishing and installing the underground structures and substructures, including breaking.of pavement, trenching, backfilling, and paving required in connection with installation of the underground system, and of s , the excess, it any, of the estimated costs, exclusive of transformers, meters and services, of completing the underground system over building a new equivalent overhead system. The amount contributed by each of said Applicants is shown hereinafter. 2. Utility will complete the undergrounding of said overhead distribution facilities, pro- vided, however, Utility has been granted rights of way therefor satisfactory to and without cost to Utility. 3. Said underground distribution facilities will be and will remain the property of Utility. JIFSC50 1• { -1 RSV 3111ICwi C.M I..Dom . 4. Applicants each agree Applicants will perform necessary wiring changes on Applicants' premises so that service may be furnished from Utility's underground distribution system in accordance with Utility's rules, and Utility may discontinue Utility's overhead service upon completion of Utility's underground facilities. 5. This contract is subject to the Rules of Utility. 6. This contract shall at all times be subject to such changes or modifications by the Public Utilities Commission of the State of California as said Commission may, from time to time, direct in the exercise of its jurisdiction. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. SOUTHERN CALIFORNIA EDISON COMPANY By District Manager Orange Coast District AMOUNT SIGNATURE OF APPLICANTS ADDRESS CONTRIBUTED • 1463,755.32 $— 5,000.00 1 0 Witness 156 -1 -2- 5 TOTAL $458,755.32 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 May 7, 2001 Orion Contracting, Inc. 806 E. Avenue Pico, Suite 1 -337 San Clemente, CA 92672 Gentlemen: Thank you for your courtesy in submitting a bid for the Community of Beacon Bay Assessment District No. 79 Street, Drainage, Lighting, and Utility Improvements and City Sewer Replacement Project (Contract No. 3277) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach 0 0 Colonial American Casualty and Surety Company 1 00306 �1009 M5 KNOW ALL i1XN BY THESE PRESENTS that we ORION CONTRACTING, INC. as Principal, hereinafter called the Principal, and Colonial American Casualty and Surety Company, a corporation duly organized under the laws of the State of Maryland, as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF NEWPORT BEACH as Obligee, hereinafter called Obligee, in the sum of TEN PERCENT OF THE AMOUNT OF THE ACCOMPANYING BID — Dollars ( xxxXX Y%% ), or TEN ( 10 0�u) percent of the amount bid, whichever is Less, for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these pres. WHEREAS, the Principal has submitted a bid for ., "COMMUNITY OF BEACON BAY ASSESSMENT DISTRICT # 79 STREET DRAINAGE, LIGHTING AND UTILITY IMPROVEMENTS" NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds astray be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Connect and for the prompt payment of labor and material firmished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shad pay to the Obligee the dif i:nm a not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to retrain in full force and effect. Signed and sealed this 5TH day of APRIL IM 2001 (witness) (Witness) ORION CONTRACTING, c (seal) By� �IDENT (Title) Co10 �E�,��D t and Surety Company B� I l!l/ % - 1fi L A. Q (Attorney -in -Fact) 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California 1 ORANGE } ss. County of J On APRIL 5, 2001 _,before me, M. TREDINNICK, NOTARY PUBLIC pate Name and Title d OtScer (e.9.. Jatro DM Notary PubN j personally appeared MICHAEL A. QUIGLEY Nmoe(e) d sgna(s) M personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(l) whose name(R) is /aw subscribed to the within instrument and acknowledged to me that heCexecuted the same in hisi'MM1192k authorized capacity0M), and that by his/ signature(s) on the instrument the persoh(9t), or the entity upon behalf of which the personaaC acted, executed the instrument. WITNESS m hand and of8c�I seal. Pf Notary sewP Ignetera d Notary Is Gk 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 ❑ Corporate Officer— Tide(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: Number of Pages: RIGHTTH 1PRC:T L GiJER 0 1997 NW40" Nday Amd60M • 9350 pa sofa Ave., P.O. 9oa 2402 • ChVWAg0 , CA 91317.2402 plod. Na 5907 Reorder. Cal TGIWp /-89087 "W _ - A „�, .- EEsic! = 12:3 ^,54 .. r� Vy C__v.. t— as V01 25, 2CC � M personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(l) whose name(R) is /aw subscribed to the within instrument and acknowledged to me that heCexecuted the same in hisi'MM1192k authorized capacity0M), and that by his/ signature(s) on the instrument the persoh(9t), or the entity upon behalf of which the personaaC acted, executed the instrument. WITNESS m hand and of8c�I seal. Pf Notary sewP Ignetera d Notary Is Gk 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 ❑ Corporate Officer— Tide(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: Number of Pages: RIGHTTH 1PRC:T L GiJER 0 1997 NW40" Nday Amd60M • 9350 pa sofa Ave., P.O. 9oa 2402 • ChVWAg0 , CA 91317.2402 plod. Na 5907 Reorder. Cal TGIWp /-89087 "W • • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT t ' State of �(� '1 6)r- ri 1-CL County of ru (150 f n On C', I Cl CInI _before me, iiIfCAinflIck- K\njc((Ifm PLt81tr , Date Nrns and Title of OMCV Te0. 'Jana Doe. NctWPubdcj i ] e personally appeared personally known to me – OR – ❑ proved to me on the basis �of satisfactory evidence to be the persono whose name("Yl' W subscribed to the within instrument and acknowledged to me that Risllmhw executed the same 1n6*eFAh k authorized capacity(.i4'J, and that by hissi el mtr signatureKon the instrument the person(,,V, M. T1'_D!hv1C< or the entity upon behalf of which the personV acted, < =` >N CImm'ss'cn ; 12'3054 executed the instrument. -aa as r;w�-cry ?00:10— Cc;ifoc ^io > % 5 Y WITNESS m hand and official seal. 2003 Signature or Notary Pubic 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Tifie(s): ❑ Partner — ❑ Limited ❑ General • Attorney-in-Fact • Trustee • Guardian or Conservator ❑ Other. Signer is Representing: RIGHT THUMBPRINT OF SIGNER Signer's Name: ❑ Individual ❑ Corporate Officer Title('): ❑ Partner — ❑ Limited ❑ General ❑ Attomey -in -Fact ❑ Trustee ❑' Guardian or Conservator ❑ Other. Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 1005 Noland Notary Assodubn • 8239 Renenet AV P.O. Boa 7164 • Canape Park CA 91309-71114 Prod. No. 5007 Reorder. Cal Tall-Free 1. 9008768827 0 0 Power of Attorney COLONIAL AMERICAN CASUALTY AND SURETY COMPANY ROME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203 -1227 Know ALL MEN BY THESE PRESENTS: That the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, by W. B. WAFTER, Vicg- President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article V� ,"', p 'on 2, of �� .aws of said Company, which are set forth on the reverse side hereof and are hereby certif �e in full ii�:ittd effect on the date hereof, does hereby nominate, constitute and appoint Michael A. Q }� of Aliss�. , California, its true and lawful agent and Attomey -in -Fact, to make, execute, seal and deliv fd on its b��a� as surety, and as its act and deed: any and all bonds and undertakings, each in a penalty xceed th sffi SIX MILLION DOLLARS ($6,000,000) and the execution of such bonds or undertakin m uance ot resents, shall be as binding upon said Company, as fully and amply, to all intents and pttrjj©, if the en duly executed and acknowledged by the regularly elected officers of the Company at its offc6,in Baltimore Mrl:, m their own proper persons. The said Assistant Secretary does h elrtify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Lend aid Company, and is now in force. IN WITNESS WHEREOF, said Vice - President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 17th day of May, A.D. 1999. ATTEST: COLONIAL AMERICAN CASUALTY AND SURETY COMPANY �r �s� I T. E. Smith Assistant Secretary State of Maryland County of Baltimore ss: By: W. B. Walbrecher Vice- President On this 17th day of May, A.D. 1999, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. Walbrecher, Vice - President and T. E. Smith, Assistant Secretary of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swore, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Ltaza- 186 -2029 Carol J. Fadd(r // Notary Public My Commission Expires: August 1, 2000