HomeMy WebLinkAboutC-3078(E) - Bob Henry Park (Castaways)0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
November 17,1997
Los Angeles Engineering, Inc.
4134 Temple City Blvd.
Rosemead, CA 91770
(714) 6443005
Subject: Contract No. 3078 - Bob Henry Park Construction
On September 22, 1997, the City Council of Newport Beach accepted the work of
the subject project and authorized the City Clerk to file a Notice of Completion
and to release the bonds 35 days after the Notice of Completion has been
recorded in accordance with applicable portions of the Civil Code.
The Notice of Completion was recorded by the Orange County Recorder on
October 9, 1997, Reference No. 19970505921. The Surety for the contract is
Fidelity and Deposit Company of Maryland, and the bond number is 0803307.
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
LH:lm
cc: Public Works Department
3300 Newport Boulevard, Newport Beach
RECORDING REQUESTE4Y AND
WHEN RECORDED RETURN TO:
City Clerk
Cit ofwpNewptort Beach
33 Ne
Newport Beach, CA Boulevard
r,
Recorded in the County of orange, California
Gary L. Granville. Clerk /Recorder
11111111111111111111111111111 Jill No Fee
19970505921 11:16am 10/09/97
005 20012719 20 42
N12 1 6.00 0.00 0.00 0.00 0.00 0.00
r'
"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 ✓l
Boulevard, Newport Beach, California, 92663, as Owner, and
Los Angeles Engineering, Inc. as
Contractor, entered into a Contract on April 17, 1996
Said Contract set forth certain improvements, as follows:
Bob Henry Park Construction - Contract No. C -3078
Work on said Contract was completed on April 9, 1997 ,
and was found to be acceptable on September 22, 1997
by the City Council. Title to said property is vested in the
Owner, and the Surety for said Contract is Fidelity and Deposit
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and
correct to the best of my knowledge.
Executed on a lit' °..n tY.r a�n. /77'% at
Newport Beach, California.
BY !, l /fit' :YLL 14'r
City Clerk
TT C!r'f
CITY OF NEiNPGR'f September 22, 1997
SEP 2 21997 CITY COUNCIL AGENDA
ITEM NO. 3
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
SUBJECT: COMPLETION AND ACCEPTANCE OF BOB HENRY PARK CONSTRUCTION,
CONTRACT NO. 3078
RECOMMENDATIONS:
1. Accept the work.
2. Authorize the City Clerk to file a Notice of Completion.
3. Release the bonds 35 days after the Notice of Completion has been recorded in
accordance with applicable portions of the Civil Code.
DISCUSSION:
On March 25, 1996, the City Council authorized the award of the Bob Henry Construction
Project to Los Angeles Engineering, Inc. of Rosemead, California. The contract provided for
the construction of a soccer field, two baseball fields, bleachers, a tot lot, restrooms /storage
• room, parking lot, sidewalk, fencing, irrigation and landscaping. 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: $930,155.00
Actual amount of bid items constructed: 925,155.00
Total amount of change orders: 36.654.89
Final contract cost $961,809.89
The decrease of $5,000.00 in the actual bid items over the estimated bid items constructed
resulted from the deletion of a 60 -day extended maintenance period. The final overall
construction cost including change orders was 3.4% over the original bid amount.
The following nine (9) change orders were issued to complete the project:
1. A credit change order in the amount of ($12,126.00) provided for the deletion of 17 street
light standards from the contract and installation of same provided by the City.
2. A change order in the amount of $5,869.26 provided for significant landscape, hardscape
and tot lot sidewalk modifications.
3. A change order in the amount of $5,825.00 provided for the installation of a dual 2 -inch
• water meter to serve the site with domestic and irrigation water.
4. A change order in the amount of $4,324.00 provided for installation of additional chain link
fencing at the ball field warm -up area.
SUBJECT: COMPLETIOND ACCEPTANCE OF BOB HENRY PARK 46STRUCTION (C -3078)
September 22, 1997
Page 2
5. A change order in the amount of $2,222.00 provided for substitution of tile grout and a true •
setting bed for the tile in the rest rooms.
6. A change order in the amount of $1,845.00 provided for installation of four access ramps at
various locations.
7. A change order in the amount of $1,704.00 provided for the substitution of ceramic tile and
the addition of tiles in the women's restroom.
8. A change order in the amount of $2,334.00 provided for the substitution of a seed mix at the
request of the City.
9. A change order in the amount of $24,657.63 provided for the extensive leaching of
unwanted salts in the soil to be seeded in the ball field areas.
Funds for the project were budgeted in the General Fund as follows:
Account Description: Account No. Budget Actual
Amount Expenditures
Upper Castaways Active Park 7021- C4120264 $978,993.00 $961,809.89
Upon release of retention, a balance of $17,183.11 will remain in the Active Park account. Staff
recommends a transfer of these funds to the Upper Castaways Passive Park, Account Number
7021- C4120280.
The contract specified completion of all work within 220 consecutive calendar days from the
issuance of a Notice to Proceed. Based upon the written notice to proceed on May 13, 1996,
the completion date was December 12, 1996. Due to extra work, inclement weather and
coordination requirements with the adjacent tract, the completion date was extended to April 9,
1997. All work was completed by that date.
Respectfully su tted,
PUBLIC WORKS DEPARTMENT
Don Webb, Director
by; / / l�ccw
Horst Hlawaty
Construction Engineer
f:\ groups \pubworks \98- counc\sept -22 \3078 - bhp.doc •
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0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: April 19, 1996
(714) 644 -3005
SUBJECT: Contract No. 3078
Description of Contract: Bob Henry Park
Effective date of Contract: April 17, 1996
Authorized by Minute Action, approved on: March 25, 1996
Contract with: Los Angeles Engineering
4134 Temple City Blvd.
Rosemead, CA 91770
Amount of Contract: (See Agreement)
LaVonne M. Harkless, CMC /AAE
City Clerk
lm
Attachment
3300 Newport Boulevard, Newport Beach
CALIFORNIA - PRELIMINARY 20 -DAY NOTICE
USE PROOF OF SERVICE A VIT OF CALIFORNIA PRELIMINARY 20 -DAY N ON REVERSE SIDE
'(PUBLIC AND PRIVATE WORK)
IN ACCORDANCE WITH SECTION 3697 AND 3098, CALIFORNIA CIVIL CODE
OCT 23 E'7
CONSTRUCTION LENDER or
Reputed Construction Lender, if any
Date ill 4,
Mayor
Countil Member
Manager
❑ - - - - -- -FOLD H
D
OWNER or PUBLIC AGENCY
or Reputed Owner Ion public work)
(on private work)
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92658 -8915
Construction loan no. (if known)
-- --------- ------ ------------FOLD HERE ----- ------------------- ------
ORIGINAL CONTRACTOR or
Reputed Contractor, if any
Los Angeles Engineering Inc.
4134.Temple City Blvd.
Rosemead, CA 91770.
------ ---- -- --- - -FOLD HERE----------- - - ----
SUBCONTRACTOR
with whom claimant has contracted
Los Angeles Engineering Inc.
4134 Temple City Blvd.
Rosemead., CA
j
YOU ARE HEREBY NOTIFIED THAT...
Coast Recreation, Inc.
2082 S.E. Bristol, Suite 204
Newport Beach, CA 92660
)name and address of person or lirm - sender)
has furnished or will furnish labor, services, equipment or
materials of the following general description:
Play Equipment
I"..I d.fcrolun of rM hear, k... wuIXKnr M rtJrnmt fvrm,Ndi «ro M IYmian&,
for the building, structure or other work of improvement located
at: Bob Henry Park I!
16th Street & Dover
Newport Beach, CA 92658
(address or description of job site sufficient lot identiraoatiun)
The name of the person or firm who contracted for the purchase
of such labor, services, equipment or materials:
Los Angeles Engineering Inc.
NOTICE TO PROPERTY OWNER
If bills are not paid in full for the labor, services, equipment, or
materials furnished or to be furnished, a mechanic's lien leading
to the loss, through court foreclosure proceedings, of all or part
of your property being so improved may be placed against the
property even though you have paid your contractor in full. You
may wish to protect yourself against this consequence by (1)
requiring your contractor to furnish a signed release by the
person or firm giving you this notice before making payment to
your contractor or f2) any other method or device that is
appropriate under the circumstances.
The person or firm giving this notice is required, pursuant to a collective
bargaining agreement, to paysupplemental fringe benefits into an express
trust fund (described in Civil Code 53111), said fund is identified as
follows: Write if inapplicable)
Coast Recreation, Inc.
2082 S.E. Bristol, Suite 204
Newport Beach ;eddGgA 92660
mama)
ladaressl
fnamel
bddresil
Mailed this date: October 23, 1996
r LU /ibtf'�� resident
(slgnatur (title)
An estimate the total price of the labor, services, equipment
or materials furnished or to be furnished is:
s 23,886.54
(PLEASE NOTE REVERSE
WOLCOTTS FORM 1510$1Rev1. 195 form. class 161 - II�f
CALIFORNIA PRELIMINARY 20 -0Ay NOTICE. - 7 67775 58510 D
°1995 WOLCOTTS FORMS. INC.
Nina \M.1. IT ob vrM to cancan err ilfomNdwrd Twdh an p/wgaM (61 of awentiaM Icl. • Iodine to pin, IM
m1Ct withal IM idwmaliOn. tMl nnln N err flip d a 4r,. ,Chia wr / NYmMI npnd. Or IM dtlMrY of a elm
PRIVATE WORK PROOF
OF SERVICE AFFIDAVIT
For your assistance the following complete text ctlon 3097, Section 3097.1
and Section 3098 of alifornia Civil Code are hereafter quoted. Should
You any doubt as to the usefulness of this 1 for your purposes you are urged to consult yo Wl attorney.
13097. R+IimiMn 30EaY oaliu (private wort. 'Raliminary IO s'y M wont' written nOnCe
roUCS by Ne vapreis Irvn Ivn01, led. oUlipi \ion is wino c 51i1ote3 OrounO+ Ia Oi/cgtinary action by N/
from a clvman11M1 is given Tim to IM racwEing of a mKbanic'a Mel, prior w The tilde of a [ o0anotice , and prior to
Popin r It Contractor[ apein aupfannaclor It IM +mw t aw IM Uvn IoM is net held.
+ nirq a claim again i payment pond, and d repaired to M Mover under 1M following ci
ial (11 Each NnDn who MalNrvad a wMimic, 20Eay nolka ponuan\ to uNdwiwn 111 nil 1.1. gNimira , 26
law Ear., one rngarldo., centred worth IXa awn,! Or and Ponermmp Kwsl Wirer 101 wage[ erOVN trust Wind
day educe won IM count, recorder in IM tounly in which any portion of in. prol, a txnad, At peWruMry IT.,N
drompM'n betion 3111, Nery person wed limned, labor sairwort. puipment, or material Id which a lien Or payment
Ka IMd purwanl Io M[ Ndmn shall conow. all Ma I.d.winp:
noted
Wind olMrwiN n M claimed unde,this title or for which a WIKe to wiM11OW can otherwise M prom under This Tide.
The m and editors, .11M p+nnn ivrmspinp IM laps. asedwicer, eoubmanl, ar mammb.
stall, a sorry pr arriiai , iv IM valgilY Of any claim of Mn, pvwomI pond, and of a nonce r0 withhold. C
+ is elm
10) Tha nom vl line person rvM contracted tar worMN .11M noon. ast mompoem. or mitwuh.
o M IM ow sw or npuNd owns, N me ougi^al conhaaor, or repined ,arc m env suMOmortris n Ile
1C1 1M common nreel add{... o1 The robsne
whwnpIN claimant has contracted, and to the constludion lender, if any. Or to the repined consr,coon lender. it an,
Q. Up.. IM attere.ce for ache hng vl a NoTira o1 Connotation of Nont. el Casuvon Ira Cwt, reorder N
+ an pnlimmilly rhohfa i[ Onscnped Try his aechl n.
tEacepllMCOTriC...
a persona w e "led a n 20 day n Olihossion lon / Nelife of Cpmplela^ or rel al
IDI . or oM Mrfdmin9 of seal l+por for wages eiDhai illund descnpeo in $echon 311i
Cow. as he.....most! vn Me o�voen, and Iran a 11i a 1M dale 1M11M Imo{. or cmea..uon or N.On. of Cesulwh
II parsons who have a direct contract with IM owner and who Woizh 4bw, service. wrewas ol, or mnenel Im wNrn
w e. rnddN with he ...I, records,
a lien or payment Owed Otherwise M M Chimed under This INTO, a for will a ramie. to withhold can d"em'iN M give
13) This lair.,..1lhe eovty ncordar 10 mn1 line notification to \M parmn worm tiled a pommel, 20 do, Or no
collar this foils, Then. as a recassen, gerpuisin To \M validity d any Claim of GM, claim on a Nymed bend, and or
Iro 0l Th.N a the contractor, Oi 1a rKeiva Co . wardici n. Nall sows, m. harder -Thin
^
notice 1e wi timpli f o M given to iha connmcliw landar, X any, a to the refined Chmoo,ctim lender, d any. a
rv"rth a claim of lion is required co M re prdad However, the Corner recorder +pall make If load Isnp allow to mwl
somistion we4m vary notice as prascrN.d by this owdon.
nordito dnn IMr Downs wed have field IM prNimirVry 20by ^owice, under dpi. Nccion arW to do so worn^ Two Nra
kl TM gaiminary renca nlemd to in wbdwivau law and Ibl "I conlsn the Idowl information:
slNr 1M rKddirq of . colons of campinion a rows el,Ndetion.
Ill A Water deKmord n or the labor, bei Wapment or mateMla Tornadoes. or to be lumshad. and an animate
law Thin; new IuuNOn of Ito/ mvnp income, Thad col MCaM opnelw. omit Jv11 t, 1988. To tounM1 rnwdel may
vl red bhl pop. IMrpT.
1. M M3lalad ell doctrinally "Nd wrwani Ie IN.... Two wary .I1.1 The dale of h m,
ca151
121 Th. rime and addresses of IM Noon Tumidhirq tMl labor. Ndka, pu'panl, a pool .
TM dyyWm Tin 20-d+y Mlka whil a wrwn ,My IYe anwanl to IM, wMiwshon or Iw 1M GrrvlI fp!aiiy�Q�� vl
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"W
NOTICE TO %[01 {arY OWNER
total coalimiM, 30SN NCMN M Np.yN and Ili I- IMN i�MNN mOwd �d lh IM r+MrN oe
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and add-.11M - --0, whom. 11, vl dy warmiMry 260a+.m"c. it obeh�hvlhw. IM
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11113098.
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PRIVATE WORK PROOF
OF SERVICE AFFIDAVIT
PUBLIC WORK PROOF
OF SERVICE AFFIDAVIT
(Section 3097.1 (c) California
Civil Code)
(Section 3098 California
Civil Code)
IF BY MAIL
I,
IF BY PERSONAL SERVICE
I, -
IF BY MAIL
'.Timothy Hodges h
IF BY PERSONAL SERVICE
I•
declare: That I served copies of this
California Preliminary20-Day Notice
declare: That I serve copies o Is
California Preliminary20 -Day Notice
declare: That I served copies of this
P
declare: That I served copies of this
by First Class registered /certified
on the parties named on the reverse
California Preliminary 20 -Day Notice
California Preliminary 20-Da Notice
y y
mail, postage prepaid, on the
side at the places and on the dates
by First Class registered /certified
on the parties named on the reverse
lender, owner, original contractor
shown below:
Lender
mail, postage prepaid, addressed
side at the places and on the dates
and subcontractor with whom I
n
(place of service)
to the public agency, contractor
shown below:
Public Agency
contracted at their respective
do
and subcontractor with whom I
(Place of service,
addresses as shown on the reverse
(date)
contracted at the addresses as
side,on
Owner
(place of service,
shown on the reverse side, on
on
Idatel
(date)
October 23, 1996
Contractor
on
(date)
(place of service)
(date)
I declare under penalty of perjury
Contractor
on
that the foregoing is true and
(place of service)
(date)
correct.
on
I declare under penalty of perjury
Subcontractor with whom I
Executed on , at
'dale)
that the foregoing is true and
contracted
(date)
Subcontractor with whom I
correct
(place of service)
,California.
contracted
(place of service)
Executed on 10/23/96 rat
on
(city)
on
(date)
(date)
Idatel
I declare under penalty of perjury
Newport Bch. ,California.
city,
I declare under penalty of perjury
Isignature of person making
servlcel
That the foregoing is true and
that the foregoing is true and
correct.
correct.
Executed on at
(signature of person aking
Executed on , al
(Attach receipts and return receipts
_ _
(date)
service)
(date)
o f f egistered or certified mail andfor
,California.
,California.
photocopies of record. of delivery
(city)
(city)
and receipt maintained by the Post
' _ _
(Attach receipts of registered or
(signature of person making
(signature of person making
Office.)
certified mail when returned.)
service)
service)
i
C -30 -Tqz�-
Council Meeting Date : March 25, 1996
Agenda: # 9
CITY OF NEWPORT BEACH I I MAR 2 5
OFFICE OF THE CITY ATTORNEY
March 20, 1996
TO Mayor and Members of the City Council
FROM: Robert H. Burnham, City Attorney
RE Proposed Award of Contract 3078
Bob Henry Park Construction
Bid Protest
Micon Engineering (Micon) has protested the award of Contract No. 3078 to Los
Angeles Engineering (LAE). Micon is the lowest responsible bidder on option one but the
third lowest bidder on options two and three. LAE is the lowest responsible bidder on
options two and three. Micon's protest are based on allegations that LAE does not
possess the required licenses and did not list subcontractors. We have thoroughly
investigated and evaluated Micon's objections and we have concluded that they are
without merit. Accordingly, we are recommending award of Contract No. 3078 to LAE.
Micon first alleged that LAE did not have the licenses required to construct the
Project. According to Micon, LAE was not a licensed general building contractor and
could not construct the park storage /restroom facilities because they required more than
two unrelated building trade subcontractors. LAE holds a Class A license -- General
Engineering Contractor. According to the Contractors State License Board, "a Class A
license... is the proper classification to perform the Project..." (A copy of letter attached)
Micon also contends that LAE has failed to list subcontractors -- specifically a
subcontractor certified to install "Vitriturf." Micon also contends that the City would not
receive an appropriate "Vitriturf' warranty unless the product was installed by a company
certified by the manufacturer. The failure of any contractor to list a subcontractor in its bid
simply commits the general contractor to perform the work with its own forces. In the
event LAE proposed to use an unlisted subcontractor after the award of the contract, the
City would have the option of cancelling the contractor or imposing a financial penalty on
01
•
LAE. LAE contends they are qualified, and intend, to perform all of the work with their
own forces.
The Project specifications do call for "Vitriturf' or a product of equal quality. State
law requires the City to authorize a contractor to substitute a product of equal quality
when specifications designate material by a brand or trade name. LAE is not a registered
installer of Vitriturf. However, the manufacturer has indicated that LAE could become a
registered installer or could pay Vitricon to supervise the installation of Vitriturf. (See
attached letter) In either case, Vitricon would provide the City with appropriate warranties.
LAE also has the option of installing a product of equal quality. The architect confirms
there are at least three or four other products on the market which are considered to be
equivalent to 'Vitriturf."
In summary, LAE has all require4 licenses, appears committed to use its own
forces to complete the Project, and will b able to install vitriturf or product of equal quality
without violating State law.
F:Me\ccmemo\bobpark.doc
H.BURNHAM
K
a3/18/1996 09:42 818454522 LOS ANGELES ENG • : RAGE 82
STATF, OF CALEFORMA- -STATE AND CONSUMER SERVICES Aawey PETE V"LSON. Gaw.no�
% StApuf CONTRACTORS STATE LICENSE BOARD
9839 OOM* ROAD, SACRAMENVO.."UFORMA
MAWN0 ADDRESS, P.O. WK 96000
Consumer SACRAMRNTO, CALWC*P*A 93626
A
March 7, 1996
LOS ANGELES ENGINEERING, TXC.
Mr. Jim Mundy
4134 Temple City Slvd.
Rosemead, Ca. 91770
r_i:5 MARZ i i996
Subject: Classification Be3termination For Public Park
File: 0261 -96
Dear Mr- Mundy:
Your fax of March 6, 1996, on the above titled subject has been
referred to me for reply. In your fax, you state that you would
like a classification determination for the following project;
"A new park which include�a',concrete, a.c., storm drains, masonry,
retaining walls, landscaping, electrical, and a 1280 s.f. single
story masonry restroom /storage building among other items."
The Contractors' State .License Board (CSLB) regulates the
classification of contractor with two (2) primary "A" and "B"
classifications, forty (4.0) "C" specialty license classifications
and twenty nine (29) limited specialty classifications. In some
instances more than one classification can legally contract to
install a project. The tank of figuring out the different
circumscancee that may come about before and sometimes after
writing a classification letter is a constant challenge.
The Business and Profe 6 ions Code, Section 7025 defines a
contractor and reads:
The term contx'.ct41`;ior the purposes of this chapter is
synonymous with the tftrm "builder" and, within the meaning of
this chapter, a cent "jbtor is any person, who undertakes to or
offers to undertake.`to or purports to have the capacity to
undertake or submits# a bid to, or does himself or by or
through others, construct, alter, repair, add to, subtract
from, improve, move, wreck or demolish any building, highway,
road, parking facility, railroad, excavation or other
structure, project, development or improvement, or to do any
part thereof, including the erection of scaffolding or othex
03/18/96 08:40 TX /RX NO. 1,377 P.002
e3/19/1996 09:42 9184545220 LOS ANGELES ENG PAGE 03
Page 2
structures or works in connection therewith, or the cleaning
of grounds, or structures in connection therewith, and whether
or not the performance of work herein described involves the
addition to or fabrication into any structure, project,
development or improvement herein described of any material or
article of merchandise. The term contractor includes
subcontractor and specialty contractor.
Section 7026.1 (b) of the Business and Professions Code states:
Any person, consultaut.to an owner - builder, firm, association,
organization, partneX.ehip, business trust, corporation, or
company, who or which undertaken, offers to undertake,
purports to have the Capacity to undertake, or submits a bid,
to construct any building or home improvement project, or part
thereof. [is required to be licensed)
The above sections define those persons who are required to be
licensed.
Section 7056 of the Busine6k and Professions Code define Class A --
General Engineering Contractor:
A general engineering contractor is a contractor whose
principal contracting business is in connection with fixed
works requiring specialized engineering knowledge and skill,
including the following divisions or subjects: irrigation
drainage, water power, water supply, flood control, inland
waterways, harbors, docks and wharves, shipyards and ports,
dams and hydroelectric projects, levees, river control and
reclamation works, railroads, highways, streets and roads,
tunnels, airports and airways, sewers and sewage disposal
plants and systems, Waste reduction plants, bridges, over-
passes, underpasses and other similar works, pipelines and
other systems for the transmission of petroleum and other
liquid or gaseous substances, parks, playgrounds and other
recreational works,`; fineries, iYtemieal plants and similar
industrial plants red iring specialized engineering know-
ledge and skill, powe* houses and other utility plants and
installations, mi'neeand metallurgical plants, land leveling
and earthmoving projects, excavating, grading, trenching,
paving and surfacing work and cement and concrete works in
connection with the above mentioned fixed works.
Based on the information that you have provided, it is my
administrative determination that a Class A -- General Engineering
03/18/96 08:40 TX /RX N0.1377 P.003
03/18!1996 09:42
Page 3
,911145452*
LOS ANGELES ENG
PAGE 04
Contractor is the proper classification to perform the project
described above.
S hope that this information has been helpful to you.
Sincerely,
JQQQpYan Lawton
L(i�ense Classification Deputy
03/18/96 08:40 TX /11X N0.1377 P.004
03/19/1996 09:59 9194545 , As LOS ANGELES EN<40 - PAGE 02
P1 f4 R— ] Y —`76 T LIE 7 L ..,
U
March 29, 1996
L.A. Engineering
Fax: 818 -4S4 -5222
Attention.-Jim Mundy
Reference: Newport Beach, California
Dear Jim,
As a follow -up to our neoetet.conversatiott, please be aduised of the
following:
ff L.A. Engineering wishes to install the Viitriturf Playground System they
will be required to have a factory supervisor on site. Mere is a supervision
fee of 400.00 per day plus all expenses including transportation and
lodging_ L.A. Engineering shittild receive approval fiorn the City of Newport
Beach as an applicator in training. L.A. Engineering will be responsible for
all labor for the length of thc Warranty.
1 hope this clarifies the basic requirements of the on site training. L.A.
Engineering will submit credit ircfonnation prior to commencement of
shipping of materials.
Another option for this project is to have the factory install, but the
decision rests with L.A. Engineering and the City of Newport Beach.
If you have anyyrp�stions, pt se contact meat your earliest convenience.
Very truly
Vice President
SN:sb
cc: Pacific Design Concepts
Vitricon Inc.
GS DAVID$ DRIVE
NADPPAUat, NY 11788
(518) 871.13M - ) 11`1 -6596
FAIL (stet 4]t•1�
03/19/96 08:57 TX /RX N0.1379 P.002
05/87/96 17:28 PUBLI a 8IM46625 NO. 064 902
0 Page 10
PRODUCER
COMPANIES AFFORDING COVERAGE
Baumann Insurance Agency
COMPANY A
22019 Vanowen Street, Suite F
LETTER Travelers ndem CO of IL
Canoga Park, California 91303
COMPANY
818- 704 -6625
[EM
INSURED
COMPANY C
Los Angeles Engineering Inc
LETTER
�R YD
4134 Temple City Blvd
Rosemead, CA 91770
COMPANY E
LETTER
THIS IS TO CERTIFY THAT POLCES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INOICATEO. NOTWITHSTANOING ANY REOUIRCMSNT. TERM OR CONDITION Or ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WIMCH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE
AFFOROEO BV THE POLICIES OESCWE0 HEREIN IS SUBJECT TO ALL THE
TERMS. EXCLUSIONS. ANDCONDITON$ OF SUCH POLICIES ANO IS NOT AAENOEO. EXTENDED OR ALTERED BY THIS CERTIFICATE
CO
TYPE OPTNSURANCE
POLICY
EFFECTIVE EXPIRATION ALL LORTS IN THOUSANDS
DATE
TE
NUMBER
DATE
GENERAL LIABILITY
(OCCURENCE BASIS ONLY)
GENERAL AGOREBATE $2,000,
COMMERGAL
PROOuCTSICOMPLUeD
$2,000
CoMPRENENSNE
66033OK902
5/7/96 5/7/97 OPERATONSAGGREGATE-
OWNERS t CONTRACTORS
PROTECTIVE
PERSONAL INJURY $1,000
CONTRACTUAL FOR SPEOFIC
CONTRACT
PRODUGTSCOMPLEfE00PERATION
EAC14OCC012NCE $1,000
XCU HAZARDS
BROAD FORM PROPERTY DAMAGE
FIRE DAMAGE 5 50,
SEVERADBRY OF INTEREST CLAUSE
(ANYONE FWO
P.1. WITH EMPLOYEE FI(CI.USION
REMOVED
MEDICAL£XPENSES $ 5,
MARINE
(ANY ONE PERSON)
AUTOMORMLIABILM
COMOEO
sSmLaLLVAT =1,000,
ANY AM
Y810330K90
5/7/96 5/7/97 BODILY INJURY
S
AILOWNWAUTOS
(PER PERSON)
SCHEDULED AUTOS
BODILY EaXJRY S
(BRED AUTOS
(PER ACCIDENT)
NON4WNWAUTOS
GARAGEIIABILM
PROPERTY S
DAMAGE
ooh ADOREDATs
EXCESS[TABIITTY
UMBRIE" PoRM
dMiR THAN LIMBREW FORM
. .
$ S
bTAORORY
WORRERS'COMPENSATION
S EACHAMOENT
EMPLOYERS* LIABILITY
S 06EASE•POwV LIMIT
$ otSEA9EFACH EMROYEE
A'
Equ�iLpment Floater
Y660330K902
5/7/96 5/6/97 $123,303 quipment
DESCRI nw OF omRATIowADCATIONSNEMC LEssESTRIGT10N9lw6ca ITEMS; ALL OPERATIONS PERFORMED FOR THE CITY OF
NEWPORT BEACH BY OR ON BEHALF OF THE NAMED INSURED IN CONNECTION WRN. BUT NOT LIMMW TO THE FOLLOWING COMTiNCT,
BOB HENRY PARK - Contract No.3078
ADDITIONALLY INSURED
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON - RENEWED. CANCELLED OR
CITY OF NEWPORT BEACH
cOVeRAGR REDUCED BBPoRB THEEXPUTATON DATE THE COMPANY AFFOROONG
COVERAGE SMALL PROVIDE W DAYS MWMAVM ADVANCE HOTCE TO THECITY OF
P.O. BOX 1768
3300 NEWPORTBOVLEVARD
NEWPORT� BY CLASS
/9W
NEWPORT BEACH, CALIFORNIA 92658 -8915
�FIRST
` d C' /a. '/(,CLfji� ✓/
ATTENTION:
AVTRORI7E0RUTAO MATrvB isAw dATz
0
CCCCCCCCC TTTT
CCCCCCCCC TTTT
CCCC TTTTTTTTTTTTTT
CCCC TTTTTTTTTTTTTT
CCCCCCCCC TTTT
CCCCCCCCC TTTT TTTT
TTTTTTTTT
CALTRANS
Certification Number: CT- 015834
Certifying Agency: CALTRANS
Expiration Date: 12 -01 -1996
Contact Person: COLLEEN BAUMANN
Attentions COLLEEN BAUMANN
BAUMANN INSURANCE AGENCY
22019 VANOWEN STREET, SUITE F
CANOGA PARK, CA 91303
CAUC
FEMALE
SOLE PROPRIETOR
(818) 704 -6625
44V-Z-�
DEPARTMENT OF TRANSPORTATION
Business Enterprise Program
1120 N Street - MS 79
Sacramento, CA 95814
(916) 654 -4576
- -- X CERTIFIED PROGRAMS - --
DBE SWBE
- - -- -Post in Public View---- -
CERTIFICATION MUST BE RENEWED ANNUALLY
It is your responsibility to:
- Apply for Recertification on a Timely Basis.
- Review this notification for accuracy and notify Caltrans in writing of any necessary
changes.
- - - -- Preferred WORK LOCATIONS - - - --
SW STATE WIDE
- - - -- Preferred WORK CATEGORIES and BUSINESS Types---- -
H6410 INSURANCE AGENTS, BROKERS SE
c Only certified DBE's may be utilized to meet Federally funded contract goals.
Only certified SMBE or SWBE's may be utilized to meet State funded contract goals.
Only certified CFMBE or CFWBE's may be utilized to meet Century Freeway contract goals.
RECEIVED
NOV 13 1995
03/06/1996 14:34
It is agreed that:
81845450
LOS ANGELES ENGeO
rci NO:0. a..:'a' A�i E; ..cam. :M.r,_� 1yu! ►rl
PAGE 06
with respect to such hwmance-t$U afforded by "-policy for General Liability, the City
of Newport Beach, its ofSoecti*d employees ere additional insureds, but only with
respect to liability arisitfg ote: operadotts pm*MW by or on behalf of the named
insureds in connection with theF.botttract dedgaMW below or acts and omissions of the
additional insureds in cenneefa. with its genao `supervision of such operations. The
insurance afforded said addidoW insured (s) " apply as primary insurance and no
other insurance maintaitled ",I* City of NeWpott Beach shall be called upon to
contribute with insurer n poiftl by this pat q.
2. The policy includes the 69OW4 provision:
•The insurance � the policy applies
separately to ea&- ins "-sgsinst whom dsim
is made or suit is broth, except with rr6lpoct
to the limits of liabitityw the tympany
affording coverage.`
3. The insurance afforded by the' for ConttsddtAl Liability Insurance (subject to the
terms, conditions and exelusiow,.*' pliable to s%A insurance) includes liability assumed
by the named insured undertht3Adamdtinadon or hold harmless provision contained in
the written contract designateCbelow, betwm the named insured and the City of
Newport Beach.
4. With respect to such inwraaoj L' kJ is & forded hSr this policy, the exclusions, if any,
pertaining to the explosion. hj*o collapse bsi'ittd and underground property hazard
(commonly refexred to as `xct' -hazards) are Meted.
5. 'The limits of liability ttaAat dg: endorsement fir- ibe additional insured (s) named in
Paragraph 1 of this erAorseusW shall be the limits indicated below written on an
"Occurrence" basis:
() CommetoW ( x) CAtonsi4e
General Liability $ 2,000,000 each occurrence
t 2,000,000 aggregate
The applicable limit of Caatr l LMUty for.the company affording coverage shall
be reduced by. any amomtt p* as damages utYdat this endorsement in behalf of the
additional insured (s).
A -13
05/06/1996 14:34 010454540 LOS ANGELES ENOC PAGE
The limits of liability as stateQ"f)t this endorsem6d shall not increase the total liability
of the company affording eovetsige for all damages as the result of any one occurrence
in excess of the limits of liabl* stated in the pedicy as applicable to General Liability
Insurance.
6. Should the policy be non- rent*W, canceled or ooverage reduced before the expiration
date thereof, the Issuing Co shall provide $0 days' advance notice to the City of
Newport Beach by registered, Attention: Public Works Department.
7. Designated
Park Construction C -3078
and Contract No.
This endorsement is effective 05/0.7/96 at 12:01 a.m. and forms
a pan of Policy NoY66033OK9024 of,rravalar- Ind Co of CT
(Company Affording Coverage).
Insured: Los Angeles Engineering Inc
ISSUING COMPANY
Authorised Representative
A -14
Endorsement No.: One
07
05/06/1996 14:34 61845450 LOS ANGELES ENGOC
It is agreed that:
PAGE 08
with respect to such insurance a1 is afforded by the policy for Automobile Liability, the
City of Newport Beach, its offits and employas are additional insureds, but only with
respect to liability for dt{mag :.*sing out of the ownership, maintenance or use of
automobiles (or autos) used by. *:on behalf of th0 named insured in connection with the
contract designated below. The insurance extended by this endorsement to said
additional insured does not ap* to bodily injury or property damage arising out of
automobiles (1) owned by or : stered in the 4me of an additional insured, or (2)
leased or rented by an addit'tottlt} cured, or (3) operated by an additional insured. The
insurance afforded said addidarisl insured (s) shall apply as primary insurance and no
other insurance maintained bfldw City of Newport Beach shall be called upon to
contribute with insurance proyl6d by this policy.
2. The policy includes the followb* provision:
"The insurance afforded' y the policy applies
separately to each insu vW—vvho is seeking,
coverage or against whdl i,a claim is madly or suit
is brought, except with;*ipect to the limits'
of liability of the comp" affording cov*age."
The limits of liability under ob endorsement -for the additional insureds named in
Paragraph 1. of this endorsert**shall be the lin b indicated below for either Multiple
limits or Single Limit:
( ) Multiple limits
Bodily Injury L.ltibility $ per person
Bodily Injury Liability' $ per accident
Property Damage Liao W $
( ) Combined Single Limit,
Bodily Injury Liability itlt
Property Damage LiabiifsrdT $ 1,000,002-
The limits of liability as atated'W this endorsemditt shall not incre= the total liability
of the company affording coveoW for all damages as the result of any one accident or
A -15
05/06/1996 14:34 81845452 LOS ANGELES ENG� PAGE B9
v
occurrence in excess of tlWlWts Of iiabift stated in the policy as applicable to
Automobile Liability Imuraapp.
4. Should the policy be aw ioftMed, punceled c oovesge reduced before the expiration
date thereof, the Issuing Co any shell provide 30 days' advance notice to the City of
Newport Beach by registered:�rail, Attentkm: Public Works Department.
5. Designated Contract: Bob H."ry Park Constrvc ti on C -3078
Proied."ftle and ConttwNo.
This endorsement is effective 05%07/96 at 12:01 a.m. and forms a part of
Policy NoY$T0330k9n74 Of TrAVPjprsTnd fn of fT
(Company Affording Coveraje).
Insured: Los Angeles Engineering Inc Endorsement No.: One
ISSUING COMPANY
Autn0nZeQ Kepre3UAiaVG
A -16
0s /y�
CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
March 25, 1996
TO: Mayor and Members of the City Council
FROM: Robert H. Burnham, City Attorney
RE: Bob Henry Park Project
MICON Protest
"The Squeeze Play Letter"
On March 25, 1996, I spoke with Steve Noskin, Vice President
of Vitricon. Mr. Noskin confirmed that:
1. He was not told by Dan Ohl or any other City
representative that "the City would no longer specify Vitriturf as
a project item, unless LAE was immediately certified" or anything
similar to the quoted language;
2. He was not told by
representative that "the City
warranties (regarding Vitriturf)"
language;
Dan Ohl or any other City
would even waive its required
or anything similar to the quoted
3. Mr. Noskin never told any representative of MICON
Engineering that City representatives made any of the statements
referenced in the second paragraph of the March 19, 1996 letter
from MICON entitled "The Squeeze Play."
Mr. Noskin did indicate that MICON was pressuring Vitricon not
to work with LAE relative to the Bob Henry Park Project. Mr.
Noskin has faxed a letter to the City rescinding his earlier
representation that LAE could without affecting any warranties
install Vitriturf with a Vitricon representative present. (copy of
that letter is attached)
Bob Henry Park is an extremely important, and a very visible,
Public Works' Project. This office has made every effort to
thoroughly investigate and evaluate the legal and factual basis for
MICON's protests. In fact, on March 21st, Mr. Ohl and I spoke with
Ray Scott, the attorney for MICON. We advised him of our
conclusions and invited him to submit any additional information
relative to MICON's protest. Mr. Scott has not submitted any
additional information to date.
On at least two occasions, I have contacted individuals (Cindy
Grabow and Steven Noskin) to verify statements or representations
attributed to them by MICON representatives. On each occasion, the
individual has denied making any such statement to MICON
representatives. MICON's most recent protests -- and its
allegations of improprieties on the part of this office -- are, to
put it most charitably, without any factual basis.
i.'ifIi17� a�ui
Attach.
de \CCsqueez.mem
vi
MON 14 :25
P _ 0 1
March 25, 1995
City of Newport Beach
2300 Newport Blvd.
Newport Beach, California 92659 -1768
Attention: Bob Burnam
Reference: Bob Henry Park
Dear Bob,
•
Pursuant to our recent conversation, I want to emphasize at
present Micon.Engineering Inc. is the only company registered
as a Vitriturf Playground System applicator . who bid this project.
If I can provide you with additional information please contact
me at your earliest convenience.
Very truly
Steven Nosldn
Vice President
SN:sb
C
Vi n'Con (ne.
65pAYtOSORWE I
NAUPPAUQF4 N. . M
437 -UN - W9
FAA: (916) 231 .1 W..
OUDGET AMENDMENT
1995 -96
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
X Increase Budget Appropriations AND
Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
NX from unappropriated reserves
EXPLANATION:
This budget amendment is requested to provide for the following:
NO. BA- 034
6
MOUNT: i1s9,000.00
Increase in Budgetary Fund Balanc
Decrease in Budgetary Fund Balan
No effect on Budgetary Fund Balan
CITY COUNCIL
EWPORT BEACH vv�l� /ivc,l;t
W i l
-�t, 31a5
To appropriate $189,000 for the construction of ball fields, a soccer field, bleachers,
tot lot restrooms/storage parking lot sidewalk fencing irrigation and landscaping
(Bob Henry Park Construction Contract No. 3078).
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
General Fun 010 3750
Description
Reserves/Park Fees
REVENUE APPROPRIATIONS (3601)
Fund Account Description
EXPENDITURE APPROPRIATIONS (3603)
Description
Divisio Number 7017 Park -In Lieu
Accou Number C4120264 Bob Henry Park
Divisio Number
Accou Number
Divisio Number
Accou Number
Divisio Number
Accou Number
Project Number
Signed:t�
Financial A roval: Finance Director
Signed: _
Ad n /s/ rative Appr al: C''' y Manager
Signed: Ugn nv
City Council Approval: City Clerk
Amount
Debit Credit
• rrr rr
• Autom do
$189,000.00
Date
3 -s -96
Date
Date
1.
TO: Mayor and Members of City Council
FROM: Public Works Department
SUBJECT: BOB HENRY PARK CONSTRUCTION
CONTRACT NO. 3078
RECOMMENDATIONS:
March 11, 1996
CITY COUNCIL AGENDA
ITEM NO. 13
1. Approve a Budget Amendment in the amount of $189,000.00, to account number 7017 -
C4120264 from unappropriated Park -in -Lieu fees.
2. Declare Los Angeles Engineering of Rosemead as the lowest responsive bidder for the
Option 3 alternate.
3. Award Contract No. 3078 to Los Angeles Engineering, Inc. of Rosemead for the total bid
price of $930,155.00 (Option 3), plus a contingency amount of $90,000.00 and authorize
the Mayor and the City Clerk to execute the contract.
DISCUSSION:
The project provides for the construction of ball fields, a soccer field overlaying the two baseball
• field outfields, bleachers, tot lot, restrooms /storage room, parking lot, sidewalk, fencing, irrigation
system and landscaping. Four alternate items were bid. The Option 3 recommended for award
includes 3 additive items. The four alternate items were:
1: Playfield subdrain system (additive)
2. Vinyl coating of chain link fence (additive)
3. Decorative finish on concrete drive aprons and crosswalk (additive)
4. Delete irrigation booster pump system (deductive)
The playfield subdrain system provides a network of perforated drainage pipes and a permeable
sand filter beneath the turf to ensure the fields drain quickly and there are no objectionable
amounts of standing or ponding water after a rain storm or even after normal irrigation. The
system for this project is patterned after a similar system which was installed in Buffalo Hills Park
and which has proven to be very effective over time. Both Public Works and Community Services
Department staff strongly recommend the inclusion of this alternate.
Staff also believes the alternate for vinyl coating of the ball field chain link fencing should be
accepted. The vinyl coating provides a much more pleasing appearance to the fencing
(particularly the backstops) and also provides the potential for a longer service life. Similarly,
visual aesthetics is the reason for recommending the acceptance of the decorative finish on the
driveways and on -site crosswalk.
Staff does not recommend accepting the fourth alternate item, deletion of the irrigation system
booster pump. While it is true the pump will not be necessary once the City's groundwater project
. is complete, the park will be finished 6 to 18 months before the groundwater project is complete,
and there is no guarantee the static water pressure in the City's system will be adequate to run
the irrigation system at all times without a booster pump.
• •
SUBJECT: BOB HENRY PARK CONSTRUCTION
CONTRACT NO. 3078
March 11, 1996
Page 2
At 3:00 p.m. on February 27, 1996, the City Clerk publicly opened and read aloud the bids
received for the subject project. The bid format established a base bid and a base bid plus four
alternative bid items (3 additive and 1 deductive). On the basis of the base bid only, the results
were:
(1) Corrected figure. The actual number written was $956,000. There was an error in the
addition of the individual items.
On the basis of the base bid plus all four alternates, the results were:
OPTION 1 - BASE BID ONLY
BIDDER
AMOUNT
1
Micon Engineering
$868,652.09
2
Los Angeles Engineering
$873,900.00
3
Gillespie Construction
$897,200.00
4
Zagros Inc.
$907,320.00
5
1 Allied Engineering
$925,630.00
6
Bopark Enterprises
$927,008.00
7
Valley Crest Landscape
$938,373.00
8
Advanced Construction
$939,000.00
9
Metro Builders
$957,400.00 (1)
10
Goodman & Peloquin
$975,980.00
11
E.C. Ford Inc.
$987,600.00
F
ENGINEER'S ESTIMATE
$900,000.00
(1) Corrected figure. The actual number written was $956,000. There was an error in the
addition of the individual items.
On the basis of the base bid plus all four alternates, the results were:
(2) Corrected figure. The actual number written was $825,145. The bidder subtracted the
subtotal of his alternates from the base bid instead of adding it.
(3) Corrected figure. See footnote (1) above.
SUBJECT: BOB HENRY PARK CONSTRUCTION
•
r1
LJ
OPTION 2 - BASE BID PLUS 4 ALTERNATES
BIDDER
AMOUNT
1
Los Angeles Engineering
$ 922,655.00 (2)
2
Bopark Enterprises
$ 946,308.00
3
Micon Engineering
$ 957,750.09
4
Gillespie Construction
$ 962,800.00
5
1 Zagros Inc.
$ 964,220.00
6
Allied Engineering
$ 957,550.00
7
Valley Crest Landscape
$ 989,043.00
8
Advanced Construction
$ 991,000.00
9
Goodman & Peloquin
$1,026,460.00
10
Metro Builders
$1,030,900.00 (3)
11
E.C. Ford Inc.
$1,065,600.00
ENGINEER'S ESTIMATE
$995,000.00
(2) Corrected figure. The actual number written was $825,145. The bidder subtracted the
subtotal of his alternates from the base bid instead of adding it.
(3) Corrected figure. See footnote (1) above.
SUBJECT: BOB HENRY PARK CONSTRUCTION
•
r1
LJ
CONTRACT NO. 3078
March 11, 1996
Page 3
The contract bid documents allow the City the option of awarding the contract on the basis of the
base bid only, or the base bid plus any combination of alternate bids. For further comparison, a
listing of results of the base bid plus the three additive bid alternates only, (deleting the deductive
bid item), would be as follows:
• Staff has reviewed references for Micon Engineering, low bidder for Option 1 (bid of $868,652.09
is 4% below Engineer's Estimate of $900,000.00) and Los Angeles Engineering, low bidder for
Option 2 and Option 3 (bid of $922,655.00 is 7% below Engineer's Estimate of $995,000.00 and
bid of $930,155.00 is 7% below Engineer's Estimate of $1,000,000.00). A check of their
experience, references, and the State Contractor's License Board has shown that Micon has
successfully completed similar projects in Southern California and Los Angeles Engineering has
successfully completed many freeway, street, bridge, flood control, storm drain, retaining wall,
parking lot, and golf cart path projects in Los Angeles and Orange counties. One flood control
project included the successful restoration of a soccer field for Los Angeles County. There are no
pending actions detrimental to either contractor's license. Most recently Los Angeles Engineering
has successfully completed sidewalk replacement on Lido Island.
Staff has received a letter from H.P.L. Mechanical, Inc. of Santa Ana, protesting award of contract
to Los Angeles Engineering on the basis that Los Angeles Engineering is not licensed to perform
plumbing work. Los Angeles Engineering has responded that they intend to do the minor amount
of plumbing work contained in the project (less than 3% of the total contract) and that their Class
A license allows them to perform specialty work as long as that work is incidental to a larger
contract and not a major portion of a contract. Staff has confirmed this with the State License
Board.
n
U
OPTION 3 - BASE BID PLUS 3 ADDITIVE ALTERNATES
BIDDER
AMOUNT
1
Los Angeles Engineering
$ 930,155.00
2
Bopark Enterprises
$ 953,308.00
3
Micon Engineering
$ 966,650.00
4
Zagros Inc.
$ 971,220.00
5
Gillespie Engineering
$ 972,000.00
6
Allied Engineering
$ 973,410.00
7
Valley Crest Landscape
$ 996,152.00
8
Advanced Construction
$ 999,000.00
9
Goodman & Peloquin
$1,035,890.00
10
Metro Builders
$1,039,400.00
11
E.C. Ford Inc.
$1,071,600.00
ENGINEER'S ESTIMATE
$1,000,000.00
• Staff has reviewed references for Micon Engineering, low bidder for Option 1 (bid of $868,652.09
is 4% below Engineer's Estimate of $900,000.00) and Los Angeles Engineering, low bidder for
Option 2 and Option 3 (bid of $922,655.00 is 7% below Engineer's Estimate of $995,000.00 and
bid of $930,155.00 is 7% below Engineer's Estimate of $1,000,000.00). A check of their
experience, references, and the State Contractor's License Board has shown that Micon has
successfully completed similar projects in Southern California and Los Angeles Engineering has
successfully completed many freeway, street, bridge, flood control, storm drain, retaining wall,
parking lot, and golf cart path projects in Los Angeles and Orange counties. One flood control
project included the successful restoration of a soccer field for Los Angeles County. There are no
pending actions detrimental to either contractor's license. Most recently Los Angeles Engineering
has successfully completed sidewalk replacement on Lido Island.
Staff has received a letter from H.P.L. Mechanical, Inc. of Santa Ana, protesting award of contract
to Los Angeles Engineering on the basis that Los Angeles Engineering is not licensed to perform
plumbing work. Los Angeles Engineering has responded that they intend to do the minor amount
of plumbing work contained in the project (less than 3% of the total contract) and that their Class
A license allows them to perform specialty work as long as that work is incidental to a larger
contract and not a major portion of a contract. Staff has confirmed this with the State License
Board.
n
U
SUBJECT: BOB HENRY PARK CONSTRUCTION
CONTRACT NO. 3078
March 11, 1996
Page 4
Staff has also received a letter from Micon Engineering advising the City that they intend to file a
formal protest if they are not recommended for award of the project. Staff has reviewed their
protest and advised them that they are the lowest responsive bidder for the Option 1 alternate.
The project specifications required the bidders to submit additive bid items and provided that the
City had the option to award the project to the lowest responsible bidder as determined by the
total of the base bid plus any combination of the additive items as determined by the City. On the
basis of the instructions to the bidders as provided in the project Special Provisions, Los Angeles
Engineering is the lowest responsive bidder for both Option 2 and Option 3 as detailed above.
In addition to the contract bid amount of $930,155.00 for Option 3, the following should be
provided for:
1. Construction contingency (10 %) $ 90,000
2. Southern California Edison service 20,000
3. Consultant construction engineering 16.000
and management services
Total $ 126,000
Funds in the amount of $867,350.00 are available in the current budget for the project (designated
as the Upper Castaways Active Park Account No. 7017- C4120264). A budget amendment which
provides for $189,000.00 to be transferred from unappropriated Park -in -lieu fees to the project has .
been prepared for City Council consideration. $500,000.00 from the Ford /Loral project was
recently deposited in this account. Approval of the budget amendment would provide a total of
$1,056,155.00 for the project, the funds will be encumbered as follows:
Los Angeles Engineering
Contract No. 3078
$ 930,155.00
Contingencies
90,000.00
Southern California Edison Co.
20,000.00
(Service installation)
Construction Engineering & Project
Management
16.000.00
Total
$1,056,155.00
7 ffully submitted,
P BLIC WORKS DEPARTMENT
Don Webb, Director
By: dv"VJG:�4"
Emmet Berkery
Project Management Cons Itant .
Attachment
BUDGET AMENDMENT
1995 -96
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
8 Increase Budget Appropriations AND X
Transfer Budget Appropriations
SOURCE-
from existing budget appropriations
NX from unappropriated reserves
EXPLANATION:
NO. BA- 034
0
AMOUNT: 5189,000.00
Increase in Budgetary Fund Balanc
Decrease in Budgetary Fund Balan
No effect on Budgetary Fund Balan
ClL V6YtV
No.
This budget amendment is requested to provide for the following:
To appropriate $189,000 for the constriction of ball fields, a soccer field, bleachers,
tot lot, restrooms/storage, parking lot, sidewalk, fencing, irrigation and landscaping
(Bob Henry Park Construction Contract No. 3078).
ACCOUNTING ENTRY:
Amount
BUDGETARY FUND BALANCE Debit Credit
Fund Account Description
General Fun 010 3750 Reserves/Park Fees $189,000.00
REVENUE APPROPRIATIONS (3601)
• Fund Account Description
EXPENDITURE APPROPRIATIONS (3603)
Description
Divisio Number 7017 Park -In Lieu
Accou Number C4120264 Bob Henry Park $189,000.00
Divisio Number
Accou Number
Divisio Number
Accou Number
Divisio Number
Accou Number
Project Number
' Automstic System Entry.
Signed:
Financial A roval: Finance Director Date
Signed:
Admin rative Appr al: City Manager Date
• Signed:
City Council Approval: City Clerk Date
PRINTED:'
Council Meeting Date: March 11, 1996
Agenda: # 13
CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
March 8, 1996
TO: Mayor and Members of the City Council
FROM: Don Webb, Public Works Director
RE: Protest of Award of Contract on Bob Henry Park Project
On March 5, 1996 we received a written protest from Micon
Engineering, Inc., regarding the award of the construction
contract to the lowest responsible bidder, Los Angeles
Engineering. The protest is attached to this report.
In response, we notified Los Angeles Engineering of the
protest and they provided a written response. Attached is a copy
of their written response.
We have independently checked with the Contractors State
Licensing Board and have been advised that Los Angeles Engineering
has a Class A General Engineering Contractors License. Pursuant
to that license, a general engineering contractor can construct a
wide variety of complex projects including parks. playgrounds and
other recreational works.
Attached is a copy of the Rules & Regulations for the
Contractors State Licensing Board.
One of the challenges is to the plumbing and masonry work.
Los Angeles Engineering has not listed subcontractors, indicating
they will do the work and pursuant to our interpretation of what
their license allows, they can perform the work themselves. Our
estimate is that the restroom building is approximately 150 of the
overall contract bid. Under the terms and specifications, Los
Angeles Engineering must do the work themselves.
0 0
Our review of the submitted materials, our meeting and
discussion with representatives of Micon on March 6, 1996, in the
Public Works Department, and our independent investigation and
inquiry leads us to conclude that the protest and is without
merit. This matter has been reviewed with the City Attorney's
staff and they concur with our recommendation.
It is therefore recommended that the protest be denied and
that Contract No. 3078 for the Bob Henry Park be awarded to Los
Angeles Engineering as the lowest responsible bidder for the
combination of bid alternatives as recommended in the Staff Agenda
Report.
D�, VV
DON B, Public Works Director
DO: de
de \winword \ccbhpark.doc
LIDS ANGELES ENG INC
" rNeswr.wN..
LOS ANGELES ENGINEERING, INC.
General Engineering Contractor
License No. 591176 -A
March 6, 1996
Mr. Horst Hlawaty
City of Newport Beach
Public Works Dept.
P.D. Box 1768
Newport Beach, CA 92658 -8915
RE: Bob Henry Park Bid Protest
Dear Mr. Hlawaty:
PAGE 02
As you are aware, there have been a number of protests filed to prevent
the City of Newport Beach from awarding this contract to Los Angeles
Engineering, Inc. The basis of these complaints is that we cannot legally
perform the proposed work with a Class "A" License.
in the past few days I have spoken with 3 License Technicians at the
Contractors State License Board regarding the applicability of our license
for performing various specialty trades and the construction of the rest -
room building for this project. Ail 3 Technicians and Dale Stewart, the
License Determination Deputy, have stated that we are legally authorized
to perform all the work on this project that we are intending to do. They
further stated that we do not need a building contractors license to build
the restroom.
In support of their determination, they cited Section 7059 of the Business
and Professions Code, which states in part that a contractor can perform
work that is incidental and supplemental to the overall project.
As I'm sure you are aware, Publ'lc Agencies have a direct telephone line
to Dale Stewart, the License Determination Deputy, if they have questions
concerning licensing.
4 Temple City Blvd. . Rosemead California 91770 . (818) 454 -5222 Fox (B18) 454 -5226
03/06/96 14:30 'PX /RX N0.1334 P.002 0
Mr. Horst Hlawaty
March 6, 1996
Page Two
0
I hope this satisfies the City's concern regarding our legal authority
to perform any aspect of this project. We look forward to working with
the City of Newport Beach on this project.
Thank you for your attention to this matter
any further questions_
Sincerely,
/ lames V. Mundy
Project Manager
JVM /cjs
Please call me if you have
03/06/96 14:30 TX /RX N0.1334 P.003
108 CONTRACTORS LICENSE LAW
Article 4. Classifications
Classification
7055. For the purpose of classification, the contracting business in-
cludes any or all of the following branches:
(a) General engineering contracting.
(b) General building contracting.
(c) Specialty contracting.
General Engineering Contractor !f
7056. A general engineering contractor is a contractor whose principal
contracting business is in connection with fixed works requiring, special-
ized engineering knowledge and skill, including the following divisions or
sub,ects: irrigation, drainage, water power, water supply, flood control,
inland waterways, harbors, docks and wharves, shipyards and ports, dams
and hydroelectric projects, levees, river control and reclamation works,
railroads, highways,.streets and roads, tunnels, airports and airways., sew -
ers and sewage disposal plants and systems, waste reduction plants,
bridges, overpasses, underpasses and other similar works, pipelines and
other systems for the transmission of petroleum and other liquid or gase-
ous substances, parks, playgrounds and other recreational works, refiner-
ies, chemical plants and similar industrial plants requiring specialized
engineering knowledge and skill, powerhouses, power plants and other
utilities plants and installations, mines and metallurgical plants, land level-
ing and earthmoving projects, excavating, grading; trenching, paving and
surfacing work and cement and concrete. works In connection with the
above mentioned fixed works.
General Building Contractor
7057. A general building contractor is a contractor whose principal
contracting business is in connection with any structure built, being built,
or to be built, for the support, shelter and enclosure of persons, animals,
chattels or movable property of any kind, requiring in its construction the
use of more than two unrelated building trades or crafts, or to do or
superintend the whole or any part thereof.
This does not include anyone who merely furnishes materials or sup-
plies under Section 7045 without fabricating them into, or consuming them
in the performance of the work of the general building contractor.
Specialty Contractor
7058. A specialty contractor is a contractor whose operations as such
are the performance of construction work requiring special skill and whose
principal contracting business involves the use of specialized building
trades or crafts.
A specialty contractor includes a contractor whose operations are con-
cerned with the installation and laying of carpets, linoleum, and resilient
floor covering.
A contractor who installs or contracts for the installation of carpet
wherein the carpet is attached to the structure by any conventional
method as determined by custom and usage in the trade is expressly
included within the definition of a specialty'contractor as provided in this
section; except that a seller of installed carpet who holds a retail furniture
dealer's license under Chapter 3 (commencing with Section 19000) of
. .::o „a_:a_.'sSHbh ” �f. ��orrr_! auw�oocaepamae� ^��^^��- �••�.•�•. -,,.
CONTRACTORS LICENSE LAW 109
Division 8 shall not be required to have a contractor's license if the installa-
tion of such carpet is performed by a licensed contractor and the seller
so certifies in writing to the buyer prior to the performance of the installa-
tion, which certification shall include the name, business address, and
contractor's license number of the licensed contractor by whom the instal-
lation will be performed.
Powers to Classify and Limit Operations of a Licensed Contractor
7059. The board may adopt reasonably necessary rules and regula-
tions to effect the classification of contractors in a manner consistent with
established usage and procedure as found in the construction business,
and may limit the field and scope of the operations of a licensed contractor
to those in which he is classified and qualified to engage, as defined by
Sections 7055, 7056, 7057, and 7058. A licensee may make application for
classification and be classified in more than one classification if the li-
censee meets the qualifications prescribed by the board for such addition-
al classification or classifications. The application shall be in a form as
prescribed by the registrar and shall be accompanied by the application
fee fixed by this chapter. No license fee shall be charged for an additional
cation or classifications.
Inciderrt Work
g contained in this section shall prohibit a specialty contractor
A fkrm taking and executing a contract involving the use of two or more
1 crafts or trades, if the performance of the work in the crafts or trades, other
than in which he is licensed, is incidental and supplemental to the perform-
( ance of work in the. craft for which the specialty contractor is licensed.
(Amended by Stats. 1983, Chapter 891.)
Namestyle Compatibility With Classification
7059.1. A licensee shall not use any name style which indicates the
licensee is qualified to perform work in classifications other than those
issued for that license, or any name style which is incompatible with the
type of business entity licensed.
(Added by Stats. 1983, Chapter 891.)
Article 5. Licensing
Investigation, Classification and Qualification of Applicants
By Examination; Waiver of Examination
7065. Under rules and regulations adopted by the board and approved
by the director, the registrar shall investigate, classify and qualify appli-
cants for contractors' licenses by written examination. This examination
shall include questions designed to show that the applicant has the neces-
sary degree of "knowledge required by Section 7068 and shall include
pertinent questions relating to the laws of this state, and the contracting
business and trade. Contractors' licenses are to be issued to individual
owners, copartnerships, and corporations. An individual owner may qualify
by examination for a contractor's license upon the appearance of the
owner or a qualifying individual appearing as a responsible. managing
employee on behalf of the owner. A copartnership may quality by examina-
tion for a contractor's license upon the appearance of a copartner or a
qualifying individual appearing as a responsible managing employee. A
corporation may qualify by examination for a contractor's license upon the
appearance of a qualifying individual appearing either as a responsible
0
TPILE 16 CONTRACTORS STATE LICENSE BOARD § 830
(Repistor M, No. 24- 7.2120 (p- 62.1)
826. Registrar td Pass on Experience.
The Registrar may determine that an applicant who does not have the specif-
ic experience required in Section 825 has some comparable knowledge, train-
ing, and/or experience which is equivalent to the required experience.
Article 3. Classification
830. Classification Policy.
(a) All contractors to whom licenses are issued shall be classified by the
Registrar as a specialty contractor, as defined in this article; a general engineer-
ing contractor (Class A), as defined in Section 7056 of the Code; or a general
building contractor (Class B), as defined in Section 7057 of the Code.
(b) Contractors licensed in one classification shall be prohibited from con-
tracting in the field of any other classification sinless they are also licensed in
that classification or are permitted to do so by Section 831..
NOTE: Authority cited: Section 7008, Business and Professions Code. Reference: Section
7059, Business and Professions Code.
if. 7
Contractors State License Board
Rules and Regulations
Title 16, Chapter 8, Sections 81M87
California Administrative Code
PLEASE NOTE:
The insertion of revised language into the text of these Board Rules has
resulted in the occasional "suspension" of a paragraph above blank
space. It is necessary to turn the page (s) to locate the continuation of the
particular Board Rule. These pages contain the complete language of
each Board Rule.
03/05/1956 16:04 714 -441 -1652 WSO.J LAW OFFICE
i •
- RAYMDW 0.smn
KERRY G. 00" WHEATLEY SCOTT OSAKI & JOVANI
A beano CONSTRUCTION LAWYERS
2600 E, Nutwood Avenue, Suite 101
Fullerton, California 92631
March 5, 1996
The Honorable City Council
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92659
RE: Our Client: Micon Engineering, Inc.
Our file No.: 4006.01
Project: Bob Henry Park
Dear Honorable Council Members:
These law offices represent Micon Engineer
its bid on the Bob Henry Park construction
Engineering, Inc. is the lowest responsive
contract, and is being prejudiced by the CJ
Angeles Engineering.
We are informed that Los Angeles Engineerk
general building contractor. The project includ
of a park storage /restrooms building, which wi]
two unrelated building trade subcontractors to
painters, masons, plumbers, flooring, electr
subcontractors will be needed to construct the
6 Professions Code Section 7057 applies. Th
should not be done by Lou Angeles Engineering.
In violation of the "Subletting and S'
Practices Act" Los Angeles Engineering failed
bid the identity of any of the necessary trod
Section 4106 of the Public Contracts Code
contractor to specify in its bid the oubcont
specialty trade work (i.e. flooring). If the
specify than he is agreeing that he is fully qu
that portion himself and shall do it. How
Engineering agree to perform all of those diffe
for which it is not licensed by the Contracts
Board to do? Now that is meant to be a rhetor
Angeles Engineering is already in anticipate
contract with the City because it cannot lawfu
has bid to do.
PAGE 02
TE.EP *f
(714) 992.6300
'AC&Mkf
(714) 441 -1652
Lng, Inc. regarding
contract. Micon
bidder for that
.ty's award to Los
is not a licensed
the construction
require more than
Lld. For example,
.ans and roofing
iilding. Business
work cannot and
bcontracting Fair
to include in its
S. Specifically,
requires a prime
"actors to do the
grime fails to so
xlified to perform
can Los Angeles
:ant kinds of work
is State License
cal question. Los
ry breach of its
ly do the work it
03/05/1996 16:04 714 - 44152 WSOJ LAW OFFIC10 PAGE 03
Construction is fraught with final
aforementioned act was passed with the intent i
to all concerned. It is tantamount to condonk
Lou Angeles Engineering to award it the contra
that its bid was not responsive to the invite
Matter of law. it is also running the ri
contractor will not beableto complete the pre
not included bids from subcontractors who must
foreseeable that this project will be riddled w.
lawsuits due to the bid being nonresponsive.
The fact that this award is not appropriat
on at least two subcontractors who have writt
Department. Copies of their letters are encloi
and convenience.
The City Council has the obligation to c
pursuant to Public Contracts Code, Section 4
contract to the second lowest but respons
Engineering, Inc. Micon Engineering is enthusi,
for the City on this project. It has taken th
measures to provide the City with a complete
awarded this project in light of the above law I
an unnecessary and unwarranted loss of profit to
and it will be forced to look to the City for
that event. It is respectfully requested that 1
award to the other contractor and award the
Engineering, Inc.
If you have any questions please do not ]
Mr. Gene Holle, Mr. Don Napolitano at (714
undersigned at this office. If there is to be
this matter I would appreciate being given tim
Very truly yours,
WHEATLEY, SCOTT, oSAKI & JOVANOVICH
RA �
Y S COTT
cc: client
Emmet Berkery, P.E.
cial risks. The
o make bidding fair
cg bid shopping by
:t when it is clear
tion for bids as a
sk that the prime
ject because it has
do the work. It is
th stop notices and
has not been loot
to the Building
I for your review
ncol the contract
10 and award the
Fe bidder, Micon
3tic about working
legally required
bid. Not to be
id facts will mean
4icon Engineering,
recompensation in
►e City cancel its
contract to Micon
Isitate to contact
666 -0203 or the
hearing regarding
.y notice of it.
RAYMOND D. SCOTT
KERRY G_ OSAKI
ALEX JOVANOMCH
March 5, 1996
"RECEIVED AFTER AGENDA
OPRINTED•"
WHEATLEY SCOTT OSAKI & JOVANOVICH TEL
CONSTRUCTION LAWYERS
2600 E. Nutwood Avenue, Suite 101
Fullerton, California 92631
The Honorable City Council
City of Newport Beach
3300 Newpert *Blvd.
Newport Beach, CA 92659
RE: Our Client: Micon Engineering, Inc.
Our File No.: 4006.01
Project: Bob Henry Park
Dear Honorable Council Members:
(714] 992 -6300
FACSIMILE'
(714) 441 -1652
i � MAR 1
C17Y CLERK
CITY OF
NPNPCRI BUC4 L:
T�
These law offices represent Micon Engineering, Inc. regarding
its bid on the Bob Henry Park construction contract. Micon
Engineering, Inc. is the lowest responsive bidder for that
contract, and is being prejudiced by the City's award to Los
Angeles Engineering.
We are informed that Los Angeles Engineering is not a licensed
general building contractor. The project includes the construction
of a park storage /restrooms building, which will require more than
two unrelated building trade subcontractors to build. For example,
painters, masons, plumbers, flooring, electricians and roofing
subcontractors will be needed to construct the building. Business
& Professions Code Section 7057 applies. That work cannot and
should not be done by Los Angeles Engineering.
In violation of the "Subletting and Subcontracting Fair
Practices Act" Los Angeles Engineering failed to include in its
bid the identity of any of the necessary trades. Specifically,
Section 4106 of the Public Contracts Code requires a prime
contractor to .specify in its bid the subcontractors to do the
specialty trade work (i.e. flooring) . If the prime fails to so
specify than he is agreeing that he is fully qualified to perform
that portion himself and shall do it. How can Los Angeles
Engineering agree to perform all of those different kinds of work
for which it is not licensed by the Contractor's State License
Board to do? Now that is meant to be a rhetorical question. Los
Angeles Engineering is already in anticipatory breach of its
contract with the City because it cannot lawfully do the work it
has bid to do.
0 0
Construction is fraught with financial risks. The
aforementioned act was passed with the intent to make bidding fair
to all concerned. It is tantamount to condoning bid shopping by
Los Angeles Engineering to award it the contract when it is clear
that its bid was not responsive to the invitation for bids as a
matter of law. It is also running the risk that the prime
contractor will not be able to complete the project because it has
not included bids from subcontractors who must do the work. It is
foreseeable that this project will be riddled with stop notices and
lawsuits due to the bid being nonresponsive.
The fact that this award is not appropriate has not been lost
on at least two subcontractors who have written to the Building
Department. Copies of their letters are enclosed for your review
and convenience.
The City Council has the obligation to cancel the contract
pursuant to Public Contracts Code, Section 4110 and award the
contract to the second lowest but responsive bidder, Micon
Engineering, Inc. Micon Engineering is enthusiastic about working
for the City on this project. It has taken the legally required
measures to provide the City with a complete bid. Not to be
awarded this project in light of the above law and facts will mean
an unnecessary and unwarranted loss of profit to Micon Engineering,
and it will be forced to look to the City for recompensation in
that event. It is respectfully requested that the City cancel its
award to the other contractor and award the contract to Micon
Engineering, Inc.
If you have any questions please do not hesitate to contact
Mr. Gene Holle, Mr. Don Napolitano at (714) 666 -0203 or the
undersigned at this office. If there is to be a hearing regarding
this matter I would appreciate being given timely notice of it.
Very truly yours,
WHEATLEY, SCOTT, OSAKI 5 JOVANOVICH
RAY ND D. SCOTT
cc: client
Emmet Berkery, P.E.
r.b�.3 '
• � TEIEAHONE il4.041 0;;';i
C7 FACSIMILE 714-511-261"A
MECHANICAL IN00HPORAFED
1041 WGAN STREF'I *SANTA ANA, CALIFORNIA 9270139.32eSTATF LICENSE 3mfl1(Iti
I`chruary >,l, 7 996
City of Nrwport. beachl
Att.11 : 7ijimet
3300 N�'wport. blvd.
Newport lleac•h, California X26 ;9
��: bita Irt�t.csr - Bob llcnl'y Park & Re ^lronm Blrilding
Ilydr F111mCt :
I have berm advised that with Alternates, the apparent low 1)iciticr
for lilt above rcfet'erlced prrijFCt is Los Angeles liuginet•rinq 1r.r:,
(T-Al). 1 wis further advised by your Vtfic:c thaL LAT did ,lot I; %ZL
any c.ant.I act .t')T•: orilet than Landscape anti lrrigatir,r:.
Ar you rY8 aware?, California StaLc Law requires: 1.11E 1.i.stiny Vf ,all
rulxortt z actors Who will pr -rform work 'i in an ilmout',t in c xcFea: of i,nc
11a1f of one perce:rt of the Crint.tac.tors total bid. r!
aubcontr;jetor is nc,l lint,cd, the contrarLor will b�.• resl:ulIIRib1C for
perfol-uiing that port'oll of t.11c work.
T l,tivr: been adviMt•.d by t.}1c C:i11;11'aCt.ol'8 State LicFnc:c P.r,<Ltd, that. I,Al
}lr_ilds on'y an A and C .10 lirensc which expire:r.. on 0 .'1/31/94,,
dtrCOrdirrdly i;: not iicen:xrd to perfo m suuh wnLk as plumbing.
ill my telephone conversar.iorl with Jim at TAI this morning, }1c sretcd
tout IIPL war.: the oniy plumbiuq bid Char. hr received, and that. he d.id
11vt li -st A plumbing corLtrarLvr bwcause he would h.-rvc tcb sit down acct
�eF wi1Ft.Fq:� Ile would do the work him:-el:, or look at. other t: plumbirlry
to cc where they are at..
;,n1's r <,mmentr, art,-, outrageous. Based
with Jim, I nelievz iL is clear U ar.
JryuirFalcrlrs were not r:ol;lplir-d with,
are J,Al'r; star.Pd inherit to bid shop.
],A ;'s k,id Y,r rejeCteri. I requar.l.
Veri`v r.hal. LAT is jr' compliance w
mal.ter .4rn.1 advice mq of your tlnrlingS
1:I 111( *.1 t': y,
n r, N}•:CIIAN- C -A!,, INC..
,. Uav1'd H. t,omakin
FL tes, neul.
1111E /I•,l
cr::: c.•untr.a:F.ore state ),iucnse e-oarrl
UPON my lclenhora CorlvF r!Sat i on
LIM subcont.I"Cr.Or ti 1 i `:L Inc( 1 I
notwithstanding what 1 beJ ic•v.•
HI'L aCcord.illgly requr "tS t.hal
that. you), office invrrcdtat.aly
Lt17 stat law oncetning L h: F:
_ .......... _...._.
PAULSON CONSTRUCTION
P.0 BOX 25% a CORONA. CA 91718.25% 0 (909) 7369636
March a, 1996
City of Newport Beach UUU
3300 Newport Blvd,
Newport Heath, California 92659
ATTENTION: EMMBT
RE: BOB HENRY PARK
Paulson Construction has been informed that with the alternates on
the above named project, the apparent low bidder listed was Los
Angeles Engineering, Inc. we were also informed that Los Angeles
Engineering did not list any subcontractors other than landscape/
irrigation.
California State Law requires the listing of all subcontractors who
will perform work in excess of one half of one percent of the
contractors total bid. If a subcontractor is not listed, that
contractor is responsible to perform that portion of the work.
Paulson Construction contacted the contractors State License Board
and were told Los Angeles Engineering is holding a A b C 10 license
which expires in September of 1996 and also that such a license
dues not allow Los Angeles Engineering to perform work such as
masonry /concrete.
Due to these facts, Paulson Construction believes that
Subcontracting listing laws have not been met with and that Los
Angeles Engineering bid should be rejected until you can verily
that they are in compliance with state :aws concerning thi3 matter.
sincerely,
PAULSON CONSTRUCTION
BRYAN PAULSON
OWNER
TOTAL P.01
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MAR -11 -1996 15:14 MICON ENGINEERING
714 666 1007 P.02
.
MICON
E•NEERING,INC.
General Engineering & Building Contractors
Match 11, 19%
f'
MAR 11 j �6
The Honorable City Council
Crry ("i i Ry ...
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92659
VIA FAX: 714644 3339/644 -3139
PROJECT: Bob Henry Park
RE: Bid Protest
Dear Honorable Council Members:
Please be advised that Micon Engineering, Inc. will seek legal remedies against the City of Newport
Beach, should the project of Bob Henry Park he awarded to the company known as L.A.
Enooineerinoo(LAE).
LAE will exceed its legal license requirements in the performance of this project. I have enclosed a
copy of the March 8, 1996 letter that was addressed to Daniel K. Ohl, Esquire.
Micon asks The Honorable Council Members to reject all bids or award the project to Micon and it's
subcontractors who followed the specifications and the license law correctly.
Sincerely,
MICON ENGINEERING, INC.
on Napolitan0
Vice President
encl.
cc: Dave Pastrana, Esq.
Ray Scott, Esq_
Daniel K. Ohl, Esq,
DAN/km
p —weeoa
780 South Van Buren St., Suite G I Placentia, CA 928701 (714) 666-0203 / FAX (114) 666-1007
MAR -11 -1996 15:14 MICON ENGINEERING 714 666 1007 P.03
MICON ENGINEERING, INC.
General Engineering & Building Contractors
March 8, 1996 Via Fax & U.S. Mail (714) 6443139
MAR
CITY OF NEWPORT BEACH
3300 Newport Blvd.
Newport Beach, CA 92659 -1768
ATT'N: Daniel K. Ohl, Esq.
SUBJECT: BOB HENRY PARK PROJECT
RE: FURTHFR DOCUMENTATION OF NON RESPONSIVE BID
BY LOS ANGELES ENGINEERING (LAE)
Dear Mr_ Ohl:
I am writing to you regarding the above-captioned matter, as you may be aware (LAE) does hold
an "A" Contractor's license. Accordingly, as the apparent successful bidder, LAE has the right to
complete this job by using all of its own forcer, to utilize subcontractors who's cumulative work
does not exceed one -half of one percent of their bid of $922,655, or a total sum of $4,613.27, or
to list the subs which may be required to fully complete this project. Since we are all aware that
LAE listed ody one subcontractor (landscapinglirrigation), it would appear that LAE must
now be compelled to completing ALL PROJECT WORK WITH THEIR OWN FORCES,
and be limited in their use of subcontractors wbo's cumulative work does not exceed
$4,613.27 to remain a viable and responsive bidder.
The Proicet Soccifications SECTION 02535 - PLAYGROUND SURFACING II. MATERIALS,
call for the installation of Y[TRUTURF safety surfaces, which are to supplied by Pacific Design
Concepts, which is the manufacture's authcri2ed distributor. Because Vitriturf and Pacific Design
Concepts have to preserve the integrity of their warranties, it would follow that both said
Manufacture and Distributor would insist that all Vitriturf installation be made by only Vitriturf
Certified Installers, LAE is not a Vitriturf Certified Installer, thus, this installation must be
completed by a certified subcontractor- installer, who has, ohwously, not been listed, thus further
violating the bid process. Vitriturf Inc. will be forwarding confirmation of LAE's non- certification
We have also contacted Pacific Design Concepts (PDC) (800 -367 -7325) and spoke with Ms.
Cindy Grabow, who informed us that PDC would not sell Vitriturf product to a non- certificd
installer such as LAE, it is my understanding that Ms. Grabow will contact the City directly to
Substantiate this information. Moreover, the Vitriturf work is in the range of $8,640.00, and this
would seem to thwart the right to proceed via the less than one-half of one percent route. in
addition to not being certified by Vitriturf, LAE does not hold neither a D -12 License, Synthetic
Products installation nor a D-34 License, Play equipment installation.
We trust that this additional documentatinn shall be helpful in your continuing review if this
matter, thank you for you kind courtesy and cottoning cooperation.
LL Ily yours
David E. Pastrana
760 South Van Buren St., Suite G I Placentia, CA 926701(714) 666-02031 FAX (714) 666 -1007
TOTAL P.03
•
•
December 11, 1995
CITY COUNCIL AGENDA
ITEM NO. 22
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PUBLIC WORKS DEPARTMENT
30-7g
SUBJECT: BOB HENRY PARK, CONTRACT NO. SON
RECOMMENDATIONS:
1. Approve the plans and specifications for construction of a 4.8 acre
active park at the corner of 16th Street and Dover Drive.
2. Authorize the City Clerk to advertise for bids for construction of the
project.
DISCUSSION:
Bob Henry Park (formerly referred to as the Upper Castaways active park) is a 4.8 acre
active park located at the northeast corner of 16th Street and Dover Drive. The park is
opposite the Newport Harbor Lutheran Church (to the south) and adjacent to the single
family residential portion of the Upper Castaways property. Upper Castaways property
is one of the parcels covered in the Circulation Improvement and Open Space
Agreement ( CIOSA) between the City and The Irvine Company. Dedication of the 4.8
acre site for Bob Henry Park is a CIOSA condition of approval.
In November 1995 the Parks, Beaches and Recreation Commission approved a
concept plan for the park which included one baseball field, one softball field, an
overlapping soccer field, a 1200 square foot restroom /storage building, an off - street
parking lot and a tot -lot play area. On February 13, 1995, the City Council approved
Staffs recommendation to retain the landscape architectural firm of Purkiss -Rose R.S.I.
to provide professional design services relative to the two park sites (active and passive
within Upper Castaways). On September 19, 1995, the California Coastal Commission
granted a Coastal Development Permit, No. 5 -95 -142, for the overall development of
the active and passive parks and the modification of the Newport Harbor Lutheran
Church parking lot. The permit contained three special conditions which pertained to
the development of the passive park. On November 7, 1995, the Parks, Beaches and
Recreation Commission approved the final plans for the active park with some minor
recommended revisions which have been incorporated into the plans.
SUBJECT: BOB HENRY PARK, CONTRACT NO. 3020
December 11, 1995
Page 2
The final project plans for Bob Henry Park incorporate the previous recommendations •
of the Parks, Beaches and Recreation Commission and the City Council. There are two
ball fields, one baseball and one softball, an overlapping soccer field, a restroom-
storage building, and off - street parking for 53 vehicles. Safety lighting has been
provided as recommended by the Police and Community Services Departments.
The consultant's estimate for construction of park improvements is $800,000. Funds for
the Bob Henry Park are included in the 1995 -96 General Fund budget under Capital
Projects Account No. 7017- C4120264. (The project is listed as Upper Castaways
Active Park in the Capital Improvement Program).
The staffs of the Police, Community Services, and Public Works Departments are
currently working on concepts for a special recognition area at the corner of 16th and
Dover. When a final concept has been developed and approved by the City Council, it
could be constructed either as a separate project or as a change order to this contract.
In the meantime this area will be prepared with boundary sidewalks to accommodate
the recognition corner. is
The contract specifications provide for a contract period of 220 calendar days which
includes a 90 day period for the mandatory contractor maintenance and establishment
period. Barring inclement weather delays, the anticipated opening of Bob Henry Park
will be in October 1996.
Rbm ttedC WORKS DEPARTMENT
Don Webb, Director
By ejzez�l
Emmet Berkery and John W Iter
rs
Project Manage •
Authorized to Publish Advertisements of all kl cluding public notices by
Decree of the Superior Court of Orange Count alifornla. Number A•6214,
September 29, 1961, and A•24831 June 11, 1967.
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) SS.
County of Orange )
I am a. Citizen of the United States and a
resident of the County aforesaid; I am over
the age of -eighteen years, and not a party to
or interested in the below entitled matter. I
am a principal clerk of the NEWPORT
BEACH -COSTA MESA DAILY PILOT, a
newspaper of general circulation, printed and
published in the City.of Costa Mesa, County
of-Orange, State of California, and that
attached Notice is a true and complete copy
as was printed and published on the
following dates:
January 20, 26, 1996
I declare, under penalty of perjury, that the
foregoing is true and correct.
Executed on January 26 1 199 6 .
at Costa Mesa, California.
!: / �
Signature
40
Beach, Ca. 92
1 3:00 PM on
of Februarv. 4.
Approved byy 'the :.City;
CounoN it><s itth day oil
December, 1995
Wanda Raggb, City
Clark
Prospective bidders may
obtain one set of bid docw.
manta at no cost at the of-
fice of the Public Works
Department; 33W Newport
SoWevard, P.O. Box 1750,
Newport Beach, CA 92658-
6915.
For further Information,
call Emmett Berkery, P.E..
Project Manager, at (714)
644.6773.
Published Newport
pastisCosta:, iiw
PNet ;lamrSiy;g�j- '
CITY CLERK COPY
Sealed bids may be received at the office of the City Clerk,
at 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, Ca. 92658 -8915
until 3:00 PM on the 27th day of February , 1996.
at which time such bids shall be opened and read for:
BOB HENRY PARK CONSTRUCTION
Title of Project
Contract No. 3078
$850.000
Engineer's Estimate
Az �.
_ -
FOR
Approved by the City Council
this 111h day of December. 1995
Wanda Raggio
City Clerk
Prospective bidilers may obtain one set of bid documents at no cost at the office of the
Public Works epartment, 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA
92658 -8915.
For further information, call Emmet Berkery, P.E., Project Manager, at (714) 673 -6446.
0 9
CONTRACT NO. C-3078
The Special Provisions contained herein have been prepared by or under the direction of the
following registered (or licensed) persons.
Registered bvil Engineer
Licensed Landscape
i
Licensed Architect
Registered Electrical Engineer
,OQµOFESS104
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CITY OF NEWPORT BEACH
NOTICE TO CONTRACTORS
CONTRACT NO. C -3078
Sealed proposals for the work shown on the plans entitled:
BOB HENRY PARK
will be received at the Office of the City Clerk, 3300 Newwport Boulevard, P.O. Box 1768,
Newport Beach, California 92658 -8915, until 3:00 pm on February 27, 1996, at which time they
will be publicly opened and read at said address.
General Work Description: The project includes clearing, grading, paving, underground
utilities, lighting and electrical, restroom building, playfield equipment, landscaping, irrigation,
maintenance and establishment period, and a post construction 60 -day maintenance period.
A pre -bid meeting is scheduled for this project on February 6, 1996 at 10:00 a.m. in the
City Council Chambers.
The project, if awarded, will be to the lowest responsible bidder; and in compliance with all
requirements described herein.
One set of plans, specifications and proposal forms for bidding this project can be obtained at
no cost at the city of Newport Beach, Public Works Department, 3300 Newport Boulevard,
Newport Beach, California.
The successful bidder shall furnish a payment bond, a faithful performance bond, certificate of
insurance and endorsements, and an executed contract.
The City of Newport Beach will not permit a substitute format for these contract documents.
Bidders are advised to review the content with bonding, insuring and legal agent prior to
submission of bid.
BONDING COMPANIES shall be acceptable as sureties in accordance with the latest revision
of Federal Register Circular 570,
INSURANCE COMPANIES shall be (1) licensed to conduct business in California, and (2)
assigned Policyholders' Rating A (or higher) and Financial Size Category Class VIII (or larger)
in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty, Coverages
NC -1
A
0
shall be provided for all TYPES OF INSURANCE checked on the CERTIFICATE OF
INSURANCE.
All costs associated with the specifications of these contract documents shall be absorbed in the
bid. Such specifications shall include those contained in (1) each contract document and (2) the
Standard Specifications for Public Works Construction, 1994 Edition with 1995 supplement,
except as supplemented or modified by the Special Provisions for this project.
Pursuant to Section 1773 of the Labor Code, a general prevailing rate of wages in the County
in which the work is to be done has been determined by the Director of the Department of
Industrial Relations. Future effective wage rates have been predetermined and are on file with
the Department of Industrial Relations.
NC -2
•
January 22, 1996
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
ADDENDUM NO. 1
Bob Henry Park Construction
CONTRACT NO. C -3078
1. The bid opening for Contract No. C -3078 is rescheduled from 3:00 p.m. on
the 13th day of February, 1996 to 3:00 p.m. on the 27th day of February,
1996.
2. The pre -bid meeting is rescheduled from 2:00 p.m. on the 29th day of
January, 1996, to 10:00 a.m. on the 6th day of February, 1996, in the City of
Newport Beach Council Chambers. Attendance at this pre -bid meeting is
OPTIONAL for all prospective bidders.
3. Sheet NC -1 is revised to eliminate the reference to Section 12990 of the
Government Code.
4. Sheet P -3 is eliminated. This addendum will take its place.
5. Sheet F -19 is eliminated as it is duplicative.
6. Please sign and date this ADDENDUM NO. 1 and attach it to your Bid
Proposal. No bid will be considered unless this signed ADDENDUM NO. 1 is
attached. .
C/Y✓1nwPJ 6
Emmet Berkery
Project Management Consultant
Los Angeles Engineering, Inc.
4134 Temple City Boulevard
Rosemead, CA 91770
Bidders Name
Robert A. Gomez, Attorney -In -Fact
Authorized Signature
0 0
February 16, 1996
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
ADDENDUM NO. 2
Bob Henry Park Construction
CONTRACT NO. C -3078
1. Clarifications, modifications and additions to the plans and specifications are
discussed in more detail in the following sheets of this addendum.
2. Bidders must sign Sheet 1 of Addendum No. 2 and attach it to the Bid
Proposal. Bidders are reminded to sign and attach Addendum No. 1 as well.
No bid will be considered unless both addenda are signed and attached.
Emmet Berkery
Project Management Consul ant
I
Los Angeles Engineering, Inc.
4134 Tenple City Boulevard
Rosemead, CA 91770
Bidders Name
(please print)
Rohert A. Gomel, Attorney -In -Fact
Authorized Signature
x
i
I
0 0
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
BOB HENRY PARK CONSTRUCTION
CONTRACT NO. 3078
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92658 -8915
Gentlemen:
The undersigned declares that he has carefully examined the location of the work, that he has
examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do
all work required to complete Contract No. 3078 in accordance with the Plans and
Specifications, and that he will take in full payment therefore the following unit price for the
completed item of work, to wit:
SCHEDULE OF WORK ITEMS
Contractor shall place lump sum prices in the "Item Price" column and the "Total" column.
ITEM
ITEM
UNIT OF
ESTIMATED
ITEM PRICE
TOTAL
NO.
MEASURE
QUANTITY
(in figures)
(in figures)
1.
Mobilization
L.S.
1
$ 50,000.00
$ 50,000.00
2.
Park
L.S.
1
$818,900.00
$ ^1£.'•,900.00
Development
3.
60 -Day .
L.S.
1
$ 5,000.00
$ 5,000.00
Extended
Maintenance
Period
SUBTOTAL -BASE BID
$ 373,900-00
V0
4T
NOTE: (A) - Denotes Additive Bid Items
(D) - Denotes Deductive Bid Items
BIDDERS ARE REMINDED THAT THIS PROPOSAL MUST BE SIGNED OR BID WILL BE
DISCARDED.
2/27/96 Los Angeles Engineering, Inc.
Date Bidder
(818) 454 -5222 Robert A. Gomez, Attorney -ln -Fact
Bidder's Telephone Number Bidder's Authorized Signature and Title
591176 -A, C10 4134 Temple City Blvd.. Rosemead, CA 91770
Bidder's License Number & Bidder's Address
Classification
P -2
ITEM ITEM UNIT OF ESTIMATED ITEM PRICE
TOTAL
NO. MEASURE QUANTITY (in figures)
(in figures)
(A) 1. Playfield L.S. 1 $ 19, 755.00
$ 10.755-00
Subdrain System
(A) 2. Black vinyl L.S. 1 $ 17,500.00
$ 17,50n_00
coated chain link
fence and black
• painted posts and
rails
(A) 3. Decorative L.S. 1 $ 19,000.00
$ 15.000.00
Concrete (in lieu
of broom finish)
(D) 4. Delete booster L.S. 1 $( 0 )
$( 0 )
pump installation
complete
SUBTOTAL - ADDITIVE AND DEDUCTIVE ITEMS
$ 56, 255.00
TOTAL -BASE BID PLUS ADDITIVE AND DEDUCTIVE
1 ITEMS
$ 930,155.00
Award of contract, if awarded, will not be made for less than all of the items of the Base Bid, plus
any combination of, or none of the Additive and/or Deductive Bid Items on the Schedule of Work
Items, as selected by CITY after opening of bids.
4T
NOTE: (A) - Denotes Additive Bid Items
(D) - Denotes Deductive Bid Items
BIDDERS ARE REMINDED THAT THIS PROPOSAL MUST BE SIGNED OR BID WILL BE
DISCARDED.
2/27/96 Los Angeles Engineering, Inc.
Date Bidder
(818) 454 -5222 Robert A. Gomez, Attorney -ln -Fact
Bidder's Telephone Number Bidder's Authorized Signature and Title
591176 -A, C10 4134 Temple City Blvd.. Rosemead, CA 91770
Bidder's License Number & Bidder's Address
Classification
P -2
•
By signature bidder also acknowledges receipt of:
Addenda Nos. One 1/22/96
Tr!o 2/16/96
Bulletin Nos.
CI
Signature of Bidder Robert A. Gomez
Attorney- In -Fzct
Business Address Los Angeles Engineering, Inc., 4134 Temple City Blvd., Rosemead,
CA 91770
Place of Business
Dated February 27. , 1996.
IN
i •
INSTRUCTIONS TO BIDDERS
The following documents shall be completed, executed and received by the City Clerk in
accordance with NOTICE INVITING BIDS:
PROPOSAL (Page P -1)
INSTRUCTIONS TO BIDDERS (Page A -1)
DESIGNATION OF SUBCONTRACTORS (Page A -3)
BIDDER'S BOND (Page A-4)
NON - COLLUSION AFFIDAVIT (Page A -5)
TECENICAL ABILITY AND EXPERIENCE REFERENCES (Page A -6)
except that cash, certified check or cashier's check (sum not less than 10% of the total bid price)
may be received in lieu of the BIDDER'S BOND. The title of the project and the words
"Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents.
The City of Newport Beach will not permit a substitute format for the documents listed above.
Bidders are advised to review their content with bonding and legal agents prior to submission
of bid.
BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized
by the Insurance Commissioner to transact business of insurance in the State of California, and
(2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570.
The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to
allow the comparison of total bid prices.
Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied
by unit price submitted by the bidder. In the event of discrepancy between wording and figures,
bid wording shall prevail over bid figures. In the event of error in the multiplication of
estimated quantity by unit price, the correct multiplication will be computed and the bids will
be compared with correctly multiplied totals. The City shall not be held responsible for bidder
errors and omissions in the PROPOSAL.
The City of Newport Beach reserves the right to reject any or all bids and to waive any minor
irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the
request and expense of the Contractor, securities shall be permitted in substitution of money
withheld by the City to ensure performance under the contract. The securities shall be deposited
in a state or federal chartered bank in California, as the escrow agent.
In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial
Relations has ascertained the general prevailing rate of per diem wages in the locality in which
the work is to be performed for each craft, classification, or type of workman or mechanic
needed to execute the contract. A copy of said determination is available in the office of the
A -1
0 0
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).
The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5
of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts
Code, "Subletting and Subcontracting Fair Practices Act."
All documents shall bear signatures and titles of persons authorized to sign on behalf of the
bidder. For corporations, the signatures shall be of a corporate officer or an individual
authorized by the corporation. For partnerships, the signatures shall be of a general partner. For
sole ownership, the signature shall be of the owner.
591176 -A, C10
Contractor's License No. & Classification
Los Angeles Engineering, Inc., 4134 Temple City Blvd., Rosemead, CA 91770
Bidder
2/27/96
Date
L
I
Robert A. Gomez, Attorney -In -Fact
Authorized Signature /Title
A -2
DESIGNATION OF SUBCONTRACTOR (SI
State law requires the listing of all subcontractors who will perform work in an amount in excess
of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the
Contractor will be responsible for performing that portion of the work. Substitution of
subcontractors shall be made only in accordance with State law and/or the Standard
SMifications for Public Works Construction, as applicable.
The Bidder, by signing this designation, certifies that bids from the following subcontractors
have been used in formulating the bid for the project and that these subcontractors will be used
subject to the approval of the Engineer and in accordance with State law. No changes may be
made in these subcontractors except with prior approval of the City of Newport Beach.
1
Subcontract Work
Landscaping
Subcontractor
Plantica Corp.
Address
Ventura
2.
Chain Link Fence
Goldenwest Fence
Westminster
3
Electrical
Creative Lighting
Inc. Anahein
4.
5.
6.
7.
8.
9.
10.
11.
12.
Los Angeles Engineering, Inc.
Bidder
�r
A -3
Robert A. Gomez, Attorne/- In -Fac`
Authorized Signature/Title
E
W1110ownelm
KNOW ALL MEN BY THESE PRESENTS,
0
That we, In, AnQp1 p, Fngi nPPri ng Tor, as bidder, and
Fidelity and Deposit Company of Maryland , as Surety, are held and firmly bound
unto the City of Newport Beach, California, in the sum of Ten Percent of the AnoUnt of
the Bid Dollars ($ 10% 1, lawful money of the United States for the
payment of which sum well and truly to be made, we bind ourselves, jointly and severally,
firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH,
That if the proposal of the above bounden bidder for the construction of Bob Henry Par!<
�
fnntrurtinn C-3078 (Title of Project and Contract No.)
in the City of Newport Beach, is accepted by the City Council of said City, and if the above
bounden bidder shall duly enter into and execute a contract for such construction and shall
execute and deliver to said City the "Payment" and "Faithful Performance" contract bonds
described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal
holidays) after the date of the mailing Notice of Award to the above bounden bidder by and from
said City, then this obligation shall become null and void; otherwise it shall be forfeited to the
said City.
In the event that any bidder above named executed this bond as an individual, it is agreed that
the death of any such bidder shall not exonerate the Surety from its obligation under this bond.
IN WITNESS WHEREOF, we hereunto set our hands and seals this 27th day of February
19-,6
Los Angeles Engineering, Inc. Robert A. Gomez, Attorney -In -Fact
Bidder Authorized Signature/Title
SURETY
Fidelity and Deposit_ Conpany of Maryland
Donnie Lane By. Mark E. Shreckengast, Attorney -In -Fact
Notary Public
Commission Expires: J(:1 Y 9, 1996
U
t
11
(Attach Acknowledgement of Attorney -In -Fact)
A-4
0 0
NON - COLLUSION AFFIDAVIT
State of California )
) ss.
County of ns Anae)es
Robert A. Gomez , being first duly sworn, deposes and says that he or she is A . nrney -In -Fact
of Los Angeles Engineering, Inc. , the party making the foregoing bid; that
the bid is not made in the interest of, or on behalf or, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or
sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put
in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or
agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from
bidding; that the bidder has not in any manner, directly or indirectly, south by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other bidder,
or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder,
or to secure any advantage against the public body awarding the contract of anyone interested
in the proposed contract; that all statement contained in the bid are true; and, further, that the
bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof,
or the contents thereof, or divulged information or data relative thereto, or paid, and will not
pay, any fee to any corporation, partnership, company association, organization, bid depository,
or to any member or agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury that the foregoing is true and correct.
Los Angeles Enoineering, Inc. Robert A Conez Pttornp -In -Fact
Bidder Authorized Signature /Title
Subscribed and sworn to before me this 27th day of February
[SEAL]
Bonnie Lane
Notary Public
My Commission Expires: J!'ly 9, 1996
A -5
c-
19 96
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
The undersigned submits herewith a statement of the work of similar character to that proposed
herein which he has performed and successfully completed.
Year For Whom Person Telephone
Completed Performed (Detail) To Contact Number
See Attached
Los Angeles Engineering, Inc
- Bidder
Robert A. Gomez, Attorney -In -Fact
Authorized Signature/Title
MM
ENGINEERING
LOS ANGELES ENGINEERING, INC.
General Engineering Contractor
License No. 591176 -A
4134 Temple City Blvd. 9 Rosemead, Califomia 91770 . (818) 454 -5222 Fax (818) 454 -5226
RECENTLY COMPLETED
66.
Caltrans
Robbs Gulch Bridge
$811,118
Jagdish Patel
07- 143604
12/95
(909) 305 -1250
67.
City of Long Beach
Aquarium & Shoreline Park
$253,715
Phil Peterson
Access Road R -6277
12/95
(310) 570 -5166
68.
L.A.D.P.W.
Santa Clara River South Fork
$283,265
Reginald Grisham
R.C. Stabilizer & Cutoff Wall
11/95
(818) 458 -3122
69.
City of Chino Hills
Drainage Ditch Oaks Village
$225,530
Tom Tice
Phase II
12/95
(909) 597 -1784
4134 Temple City Blvd. 9 Rosemead, Califomia 91770 . (818) 454 -5222 Fax (818) 454 -5226
ENGINEERING
LOS ANGELES ENGINEERING, INC.
General Engineering Contractor
License No. 591176 -A
RECENTLY COMPLETED
58. L.A. Co. D.P.W. Belvedere Drain $1,336,599
Eric Gonzales 8/95
(818) 458 -3104
59.
City of Costa Mesa
I -405 @ Fairview Rd.
$ 421,159
Bart Mejia
Southbound Offramp
8/95
(714) 754 -5291
Spec. No. 94 -06
60.
City of L.A.
Harbor Walkways
$ 215,956
Chris Grossi
W.O. E1300064
8/95
(213) 548 -7454
61.
City of Huntington Park
Storm Drain Restoration
$ 478,677
Project No. 94 -004
8/95
62.
City of Santa Ana
Citywide Concrete Imp.
228,700
Raoul Garcia
Project 7342
9/95
(714) 565 -4046
63. City of E1 Monte
(818) 580 -2058
64. L.A.D.P.W.
Reginald Grisham
(818) 458 -3122
65. City of 1000 Oaks
Jerry Jensen
(805) 449 -2468
1995 Sidewalk Contt. g 88,227
10/95
Devonwood Debris Basin $427,298
11/95
Pedestrian Access. Imp. $117,870
CI 1094. 94/95 -17 11/95
4134 Temple City Blvd. . Rosemead, California 91770 1, (818) 454 -5222 Fax (818) 454 -5226
lNOINltRIN0
LOS ANGELES ENGINEERING, INC.
General Engineering Contractor
License No. 591176 -A
42. City of San Dimas
Krishna Patel
43. City of Simi Valley
Kamran Panah
(805) 583 -6895
44. D.O.T.
Earl Fukumoto
(310) 516 -4140
RECENTLY COMPLETED
(909) 394 -6200 $219,931
Walnut Ave /Teague Drive Imp. 1/94
Improvements of Drainage $ 59,750
Channel at the City's Maint. Yard 3/94
Spec. No. SV 93 -29
07- OM1705 (07H602) Rte. 405 $ 52,869
HOV ingress /egress in Hawthorne 5/94
and Lawndale
45. City of Redondo Beach ADA Compliance Project. Phase 1 $ 90,000
Roger Maurer Access Ramps Contract 7490 7/94
(310) 372 -1171
46. D.O.T. Rpr. Slope and Storm Drain $105,985
Darrell McKenzie 07- 442404 9/94
(818) 637 -2506
47. D.O.T.
Ashraf Mohamed
(909) 682 -2640
48. L.A. Co. D.P.W.
Yag Sarin
(818) 458 -3123
49. City of Long Beach
Marty Boyd
(310) 490 -9423
Rte. 60/83 PCC Cross Gutters $91,000
08- 320004 9/94
Const. of Access Ramps $59,420
CC 7020 10/94
Bus Stop Impprovements $98,125
R -6217 10/94
4134 Temple City Blvd. . Rosemead, Califomia 91770 . (818) 454 -5222 Fax (818) 454 -5226
• u •
ENGINEERING
LOS ANGELES ENGINEERING, INC.
General Engineering Contractor
License No. 591176 -A
RECENTLY COMPLETED
30.
City of LA Board of Public Works (213) 847 -5112
°116,000
Dennis Wong
Pico - Midvale Off- Street Parking Lot
8/93
31.
City of LA Board of Public
Works (818) 989 -8335
$ 77,117
Rory Stillson
Access Ramps Valley Dist. Unit 4
7/93
32.
City of Burbank Parks
& Rec. (818) 953 -9575
$ 54,995
Jan Bartolo
Johnny Carson Park Tot Lot
8/93
33.
County of Orange /EMA
(714) 567 -6253
$ 48,855
Robert Witting
Reconst. of Fullerton Creek Channel
7/93
34.
City of Ingle+ood
(310) 412 -5333
$ 47,088
Sal Magbago
Const. of Concrete Bus Pads
8/93
35.
City of Lomita
(310) 325 -7110
$179,000
Bill McConnell
252nd St /Hillcrest - Street Imp.
8/93
36.
City of L.A. Board of
Public Works (310) 573 -4340
$522,268'
Sunset Blvd. @ Will Rogers State
12/93
Steve Willis
Park Road- Contract EXX81253
37.
City of Pasadena
(818) 405 -4273
$168,175
Jim Callens
Lincoln Ave. Widening - #15,176
12/93
38.
Co. of Orange /EMA
(714) 567 -7832
$333,364
Stan Vander Mey
Reconst. Coyote Creek Channel
12/93
39.
Caltrans
(714) 556 -0780
$ 45,612
James Gallegos
Rpr. Culvert Laguna Beach 12- 026604
12/93
40.
Co. Ventura Flood Control
(805) 654 -2021
$ 82,249
Hugh Clabaugh
Arroyo Simi 1993 Storm Dmg. Rpr.
12/93
41.
Los Angeles CRA
(213) 977 -2614
$168,860
Sandra Sunday
Lincoln Heights 1 Revitalization
1/94
4134 Temple City Blvd. . Rosemead, California 91770 E (818) 454 -5222 Fax (818) 454 -5226
O
lNOIN!lAINO
LOS ANGELES ENGINEERING, INC.
General Engineering Contractor
License No. 591176 -A
RECENTLY CDMPLETED
20. LA Comm. Redevelopment Agency (213) 977 -2656 $77,500
Al Nicholson ink & Alameda 10/92
21. LA Dept Public Works (310) 548 -7691 $290,206
Dave Spangler "E" St - Alameda to Sanford 10192
22. Co. of Orange - TMA (714) 567 -6253 $206,350
Robert Witting St. drainage imp. & parking lot 10/92
William Mason Regional Park
23. LA Co. Sanitation Dist q2 (818) 962 -8605 $103,728
Pon Lalka. Storm Drain Puente Hills 12/92
24. Co. orange Integrated
Waste Mngmnt. Dept.
Ray Douglass
25. City P.ancho P. v.
Mona Stamnetti
26. Alhambra Redev. Agency
Anita.Toler
(714) 568 - 4852 $131,320
FRB Sanitary Landfill 12/92
Desilting Basin Discharge Channel
(310) 541 -6500
Altamira Cyn Culvert Rprs.
(818) 570 -5030
Goudy Honda Expansion Proj
27. Chino Basin Mun. Water Dist. (909) 987 -1712
Anthony Myers Concrete Cleanout Pads
28. City of Simi Valley (805) 583 -0393
Jay Seidenann Install Handicap Ramps
$38,525
12/92
$49,885
5/93
$22,148
4/93
$21,552
5/93
29. City of Inglewood (310) 412 -5333 $28,762
Sal Magbago Reconstruct Alleys 5/93
P.O. Box 1606 • Baldwin Park, California 91706 • (818) 969-0456 Fax: (818) 812 -9343
O
lNOIN!l RING
LOS ANGELES ENGINEERING, INC.
General Engineering Contractor
License No. 591176 -A
RECENTLY COMPLETED
11. Regents of Univ. of Calif
Gary Allen
12. City LA Public Works
Nick Pendorf
13. City 1000 Oaks
Manuel Alvarez
(310) 206 -5938 $35,000
CDE /CDN Roadway Imp. 1/92
(818) 360 -7473 $34,000
Dellvale Place Low Flow 12/91
(805) 497 -8611 $100,000
Handicap ramps 11/91
14.
City Palos Verdes Estates (213) 378 -0383
$10,000
Aron Baker
Const. sidewalks
5/92
15.
City of Industry
(818) 333 -0336
$24,500
C & C Engineering - Shawn Malganji Intersection Modifications
John Reed Court & Gale
4/92
16.
C.F.F.A.
(916) 920 -6565
$44,695
Ken Hamilton
Desisting Basin - O.C. Fair
5/92
17.
LA, Dept. Public Works
(818) 458 -3123
$15,344
Robert Swartz
Sidewalks & ramps - Glengray St.
7192
18.
Caltrans
(213) 724 -0223
$15,689
Joe &apono
Repair soundwall - 07G652
7/92
15:
CiLy of L.A.
(213) 481 -0-123
:;,211,::73
Dept. Water & Power
Const. Sidewalk, Street
6"uc.e Morrison
Lighti -c improvements
P.O. Box 1606 • Baldwin Park, California 91706 • (818) 969 -0456 Fax: (818) 812 -9343
ENGINEERING
LOS ANGELES ENGINEERING, INC.
General Engineering Contractor
License No, 591176 -A
RECENTLY COMPLETED
1.
City of Downey
(213) 869 -7331
$80,000
Bruce Brown
Handicap & Ped. Imp.
5/91
2.
City of Pasadena
(818) 564 -0454
$82,000
Jim Callens
Const. Wheelchair ramps
11/91
3.
City of Rialto
(714) 820 -2500
$350,000
Bruce Cluff
Storm drain, street &
7/91
signal improvements
4.
LA Public Works
(818) 458 -3104
$149,000
James Cathey
San Gabriel River
11/91
Access Ramp
5.
City LA Public Works
(213) 485 -3871
$68,000
Kit Yee
Denny Ave. Ped. Tunnel
3/92
6.
Caltrans
(818) 441 -1322
$187,000
Wayne Peirce
Storm damage repair
9/91
Angeles Crest Hwy.
7.
Caltrans
(714) 798 -8046
$210,000
Robert Weber
Replace Bridge Rail
6/92
Route 259/215
8.
City of Costa. Mesa
(714) 754 -5022
$154,000
Mike Stevens
Los Lagos Golf Course
7/92
Cart Paths
9.
City of Azusa
(818) 334 -5125
$105,000
Nasser
St. Improvements Phase
III 7/92
10.
City of Westminster
(714) 898 -3311
$38,000
Dennis Koenig
Const. Sidewalks
5/92
P.O. Box 1606 • Baldwin Park, California 91706 • (818) 969 -0456 Fax: (818) 812 -9343
• • 1 • •70ti
The following contract documents shall be executed and delivered to the Engineer within ten. (10)
days (not including Saturday, Sunday and Federal holidays) after the date of mailing Notice of
Award to the successful bidder.
PAYMENT BOND
FAITHFUL PERFORMANCE BOND
CERTIFICATE OF INSURANCE
GENERAL LIABIL rY INSURANCE ENDORSEMENT
AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT
WORKERS' COMPENSATION INSURANCE CERTIFICATION
CONTRACT
The City of Newport Beach will not permit a substitute format for these contract documents.
Bidders are advised to review their content with bonding, insuring and legal agents prior to
submission of bid.
Payment and faithful performance bonds shall be issued by an insurance organization or surety
(1) currently authorized by the Insurance Commissioner to transact business of insurance in the
State of California, and (2) listed as an acceptable surety in the latest revision of the Federal
Register Circular 570.
Insurance companies affording coverage shall be (1) currently authorized by the Insurance
Commissioner to transact business of insurance in the State of California, and (2) assigned
Policyholders' Rating A (or higher) and Financial Size Category Class VIII (or larger) in
accordance with the latest edition of Best's KexRating Guide: Propg y- a u ttv. Coverages
shall be provided as specified in the Standard 3oecifications for Public Works Construction,
except as modified by the Special Provisions.
The Workers' Compensation Insurance Certification shall be executed and delivered to the
Engineer along with a Certificate of Insurance for workers' compensation prior to City's
i execution of the Contract.
T•
L
i.
n
A -7
.. _ «,.. ., - F� ......sue....__ "�.. F.�s'e,v....»�.rz. a .... �, x•°' - �•y,- +�is.��.."`:= T.�.:.a�
• 44ond No. 0803307
Premium $5,101.00
FArrHFm iPt{312FORMANCE BOND
L KNOW ALL MEN BY THESE PRESENTS, That
WHEREAS the City Council of the City of Newport Beach, State of California, by motion
adopted X3/25/96 hag awardedto Los Angeles Engineering, Inc.,
hereinafter designated as the 'Principal, a contract for-aa Henry 2 rl
Construction (Cn ntraet No. 03 78 1 in the City
of Newport Beach, in strict conformity with the Contract, Drawings and Specifications and other
contract documents in the office of the City Clerk of the City of Newport Beach, all of which
are incorporated herein by this reference;
WHEREAS, Principal has executed or is about to execute Contract No. 3078 and the terms
thereof require the furnishing of a bond for the faithful performance of the Contract;
NOW, THEREFORE, we, Los Angeles Engineering, Inc.
as Principal, and Fidelity and Deposit Company of Maryland as Surety,
are held firmly bound unto the City of Newport Beach, in the sum of Nine Hundred Thirty Thousand
One Hundred Fi fty Fi ve Dollars (S % 155_), said sum being equal to 100% of the estimated
amount of the contract, to be paid to the City or its certain attorney, its successors, or assigns,
-- for which payment well and truly made, we bind ourselves, our heirs, executors and
administrators, successors,. or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, its
heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by,
and well keep truly and perform the covenants, conditions, and agreements in the Contract and
any alteration thereof made as therein provided on its part, to be kept and performed at the time
and in the manner therein specified, and in all respects according to its true intent and meaning,
and shall indemnify and save harmless the City of Newport Beach, its officers, employees and
agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall
remain in full force and effect.
As a part of the obligation secured hereby, and in addition to the fact amount specified in this
Performance Bond, there shall be included costs and reasonable expenses and fees, including
reasonable attorneys fees, incurred by the City, in the event it is required by bringing any action
in law or equity to enforce the obligations of this Bond.
_ Surety, for value received, stipulates and agrees that no change, extension of time, alterations
or additions to the terms of the contract or to the work to be performed thereunder or to the
specifications accompanying the same shall in any wise affect its obligations on this bond, and
_ it does hereby waive notice of any such change, extension of time, alterations or additions of
the contract or to the work or to the specifications.
A -10
This Faithful Performance Bond shall be extended and maintained by the Principal in full force
and effect for six (6) months following the date of formal acceptance of the Project by the City.
In the event that the principal executed this bond as an individual, it is agreed that the death of
any such principal shall not exonerate the Surety from its obligations under this bond.
— IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety
above named, on thel st day of April , 19-20
Los higeles Engineering, Inc. By:
Name of Contractor (Principal) (Authorized Signatur$4ntle
Fidelity and Deposit
Name of Surety
255 S. Lake Ave #700,
Address of Suety
NOTARY ACKNOY
ATTACHED.
Company of Maryland By: 111121 1--- C Y " v
Authorized Agent SiTArney
Mark E.Shreckengast in Fact
Pasadena, Ca 91101 818 - 792 -2311
Telephone
/LEDGEWIM OF CONTRACTOR AND SURETY MUST BE
A -11
State of California l
County of Los Angeles Il
On �� before me, Bonnie Lane
(DATE) (NAME. TITLE OF OFFICER . I.E..'JANE DOE, NOTARY PUBLIC')
personally appeared Angus O'Brien
(NAME(B) OF SIGNER(S))
KXpersonally known to me OR -
0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is /are sub-
scribed to the within instrument and acknowledged
to me that he /she /they executed the same in
his /her /their authorized capacity(ies), and that by
BONNIE LANE
his /her /their signature(s) on the instrument the
7.
U, •.
person(s), or the entity upon behalf of which the
Comm. #969311
{. awS ,'{',' °NOTARYPUBLIC.CALIFORNIAM
person(s) acted, executed the instrument.
C Y LOS ANGELES COUNTY
Expires July 9. 1996
Wltrle`jS my hand and official
/�
L'Ua. My Comm.
,
` /(
(SEAL)
1C✓l�
ATVRE OF NOTARY)
ATTENTION NOTARY: The information requested
below is OPTIONAL. It could. however, prevent fraudulent attachment of
THIS CERTIFICATE
MUST BE ATTACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
Title or Type of Document
Number of Pages
Signer(s) Other Than Named Above
CAPACITY CLAIMED BY SIGNER(S)
0 INDIVIDUAL(S)
KX CORPORATE President &
OFFICER(S) Secretary
• PARTNER(S) (TITLE {SO
• ATTORNEY IN FACT
• TRUSTEE(S)
• GUARDIAN /CONSERVATOR
• OTHER:
SIGNER IS REPRESENTING:
(NAME OF PERSONS) OR ENTITY(IESI)
Los Angeles Enaineerinq_,_I
this certificate to any unauthorized document
Date of Document
wOLcons FIRMS. Mc.
• •
ALL P(TRPOSF ACICNOWI,I 1)Gi?MFN'1'
STATE OF CALIFORNIA
S.S.
COUNTY OF Los Angeles
on Aoril 1,1996 , before me,
Bronwvn Murdock. notarv_ouhlir , personally appeared
X personaliy xnown to me;
or proved to me on the basis of satisfactory evidence to be
the person(IS) whose name(m) is /wee subscribed to the within
instrument and acknowledged to me that he /:@k>�ft(:tAbe*c executed the
same in his /kar�tkwir authorized capacity(fas), and that by
his /kxry1kv.)ir signature(z) on the instrument the person s) or the
entity upon behalf of which the person(fa) acted, executed the
instrument. ... ...............................
BRONWYN MURDOCK
WITNESS my hand and official seal. COMM.#969838
(SEAL) NOFARY RXIC . CALIFORNIA
LDS ANGELES COUNTY
/A • MY Comm. Expires 1¢Il 22, 1496
•N •••...•.•..0 m. Ex. a July 22, 9121
C
CAPACITY CLAIMED BY SIGNER:
Though statute does not require the notary to fill in the data
below, doing so may prove invaluable to persons relying on the
document.
Individuals)
Corporate Officer(s)
Titles
Partner(s)
XAttorney -in -Fact
Trustee(s)
Guardian /Conservator
Other:
and
and
Limited General
Signer is representing: surety
ATTENTION NOTARY: Although the information requested below is
optional, it could prevent fraudulent attachment of this
certificate to unauthorized document.
Title or type of document:
Number of pages:
Date of document
Signer(s) other than named above:
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE
MEMEMSEVVITF 5, @
• Bond No. 0803307
Premium included in FP Bond.
KNOW ALL MEN BY THESE PRESENTS, that
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted 3/YU9r, has awarded to Inc Angel ; FnginePrinn. Inc..
hereinafter designated as the 'Principal", a contract for Bob Henry Park Construction
(Contract No. 3078 1 in the City of
Newport Beach, in strict conformity with the Drawings and Specifications and other contract
documents in the office of the city Clerk of the City of Newport Beach, and all of which are
incorporated herein by this reference;
WHEREAS, said Principal has executed or is about to execute Contract No.3078 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,Los Angeles Enaineering. Inc.
as Principal, and Fidelity and Deposit Company of Maryland
as Surety, are held firmly bound unto the City of Newport Beach, in the sum of Nine Hundred
Thousand One Dollars ($ 930,155.00 ), said sum being equal to 100% of the estimated
HunW ?7WAIa%Y the City of Newport Beach under the terns of the contract; for which
payment well and truly made, we bind ourselves, our heirs, executors and administrators,
successors, or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or
his/her subcontractors, fail to pay for any materials, provisions, or other supplies, used in, upon,
for, or about the performance of the work contracted to be done, or for any other work or labor
thereon of any kind or for amounts due under the Unemployment Insurance Code with respect
to such work or labor, or for any amounts required to be deducted, withheld and paid over to
the Employment Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to
such work and labor, that the Surety or Sureties will pay for the same, in an amount not
exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a
reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250
of the Civil Code of the State of California.
The bond shall inure to the benefit of any and all persons, companies, and corporations entitled
to file claims under Section 3181 of the California Civil Code so as to give a right 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.
A-8
8Qn .Jw- OE032VI
Thirty
' i,j. ..:' ., h..: .�. a. •.�iT�,.u. � 1_..� =il s..er' H au � ^n:��'':.+'bn� ` .x�'�
And . for value received, stipulate: and agrees that no change, extension of
ti me, s or additions to the _ of t or to the work to be performed
thereunder or the specifications accompanying._ a shall in any wise affect its obligations
` on this bond, and it does hereby waive notice o y such change, extension of time alterations
or additions to the terms of the contract or to the work or to : specifications.
In the event that any principal above named executed this bond as 8n individual, it is agreed that
the death of any such principal shall not exonerate the Surety. f run its obligations under this
bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above named: clod
and Surety, on the 1 gr day of rApri i
Los Angeles Engineering, Inc. By:
Name of Contractor (Principal) Authorized SignattimPrItle
AKIG t7 E
1 /S -TARP.
Fidelity and Deposit Company of Maryland B
Name of Surety Authorized Agent igna
Mark E.Shreckenaas .A torney in Fact
I
225 S. Lake Ave #700,Pasadena,Ca 91101
Address of Surety
818 - 792 -2311 \f
Telephone
NOTARY ACKNOWLEDGEMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED.
A -9
-
RIGHT THUMBP61117 (OPTIONAL)
State of California
}
County of Los Angeles
iE
On (I„41before me, Bonnie Lane
o
o
1 (DAT)
(NAME, TITLE OF OFFICER LE.. "JANE DOE. NOTARY PUBLIC)
CAPACITY CLAIMED BY SIGNER(S) f
personally appeared Angus O'Brien
(NAME(S) OF SIGNER(S))
❑ INDIVIDUAL(S) j
KX CORPORATE Pr cP ident &
OFFICER(S) Secretary
❑ PARTNER(S) (TITLE(S))
XXpersonally known to me OR -
❑ proved to me on the basis of satisfactory evidence
❑ ATTORNEY IN FACT
to be the person(s) whose name(s) is /are sub -
❑ TRUSTEE(S)
scribed to the within instrument and acknowledged
❑ GUARDIAN /CONSERVATOR
to me that he /she /they executed the same in
❑ OTHER:
his /her /their authorized capacity(ies), and that by
BONNIE LANE
his /her /their signature(s) on the instrument the
3
NV Comm. 4969311
Person(s), or the entity upon behalf of which the
SIGNER IS REPRESENTING:
NOTARY PUBLIC - CALIFORNIA) person(s) acted, executed the instrument.
n
(NAME OF PERSON(S) OR ENTITY(IES))
LOS ANGELES COUNTY Witness m hand and official seal.
My Comm. Expires July 9, 1996
Jos Angeles Engineering,I
i
I
(SEAL
(SIGNATURE OF NOTARY)
ATTENTION NOTARY: The information requested below is OPTIONAL. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document.
THIS CERTIFICATE
Title or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT
Number of Pages Date of Document
DESCRIBED AT RIGHT:
Signer(s) Other Than Named Above
WOLCOTTS FORM 63240— ALL PURPOSE ACNNGWLEDGME_NT WITH SIGNER CAPACITY(REPRESENTATION /FINGERPRINT —Rev. 1292 01992 WOLGOTIS FORMS. INC.
•
ALL PURPOSE ACKNOWLEDGEMENT'
STATE OF CALIFORNIA )
) S.S.
COUNTY OF Los Angeles )
On April 1 1996 , before me,
Bronwvn_Murdock_ notary public personally appeared
X_ personally known to me;
or proved to me on the basis of satisfactory evidence to be
the person(6) whose name(%) is /salts subscribed to the within
instrument and acknowledged to me that he /lb`WtAx?kk executed the
same in his /ker$th*ar authorized capacity(ims), and that by
his /kmryxkx)ir signature(s) on the instrument the person(s) or the
entity upon behalf of which the person(x) acted, executed the
instrument.
WITNESS my hand and official seal.
(SEAL)
i
S
CAPACITY CLA114ED BY SIGNER:
BRONWYN MURDOCK
COMM. 01969838
WTARY ax t mu�u
n
Yl Ona Wka lull 22. 1996
Though statute does not require the notary to fill in the data
below, doing so may prove invaluable to persons relying on the
document.
Individual(s)
Corporate Officer(s)
Titles
Partner(s)
_Attorney -in -Fact
Trustee(s)
Guardian /Conservator
Other:
Limited
Signer is representing: Surely
and
and
General
ATTENTION NOTARY: Although the information requested below is
optional, it could prevent fraudulent attachment of this
certificate to unauthorized document.
Title or type of document:
Number of pages:
Signer(s) other than named above: _
Date of document
THIS CERTIFICATE MUST HE ATTACHED TO THE DOCUMENT DESCRIBED ABOVE
• 0
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE, BALTIMORE, MD
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of
Maryland, by C. M. PECOT, JR., Vice-President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article
VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to he in full force
and effect on the date hereof, does hereby nominate, constitute and appoint Mark E. Shreckengast of Los Angeles,
California... ............................... .....
¢s true and lawful agent and Attorney -in -Fact, to snake, execute, seal
any and all bonds and undertakings........;
An et t execution of such bonds or undertakings in pursu
amply, to all intents and purposes, as if they had been duly
at its office in Baltimore, Md., in their own proper persa
behalf of Mark E. Shreckengast, da"
The said Assistant Secretary does hereby certify that�F
2, of the By -Laws of said Company, and is now iti;trce.
IN WITNESS WHEREOF, the said Vice- Preside'itt'and
Corporate Seal of the said FIDELITY AND D�CQ,S "CUM
-- September - - -- A.D. 19.94- 'C
STATE OF MARYLAND I ��
COUNTY OF BALTIMORE
behalf as surety, and as its act and deed:
se presepD}; §611 be as binding upon said Company, as fully and
and acka;o edged by the regularly elected officers of the Company
'his poK0 of attorney revokes that issued on
robe 4- '1993.
set fOC� n the reverse side hereof is a true copy of Article VI, Section
apt Secretary have hereunto subscribed their names and affixed the
$F. MARYLAND, this____________ 8th ------------- day of
)MPANY OF MARYLAND
By
Vic silent
On this_ —$th _____day of____Septetnbei A.D. 1994, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came C. M. PECOT, JR., Vice - President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND
DEPOSrr COMPANY OF MARYLAND, 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 sworn, 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.
O
ar
d� �A �
CAROL J. FA ED R / Notary Public
OP My Commission Expires___' -------------- August 1 1996
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original
Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and
I do further certify that the Vice- President who executed the said Power of Attorney was one of the additional Vice- Presidents specially
authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969.
RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore
or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon
the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this ___15.1
day of ------ - ----- April --- ------ ___—._, I9- --9.6
1.112a<012- 3605
-------- - - — ------- — � ------ecre----w—ry-----
Assiswn2 S
141- 13 j 1° 4 15 Z 21 1-.
LIK 9J+jELE1 E(I-
AIIIIII,
U A-Q
PRODUCER
COMPANIES AFFORDING COVERAGE
Boiton/RGV Insurance Brokers
P.O. Box 920
COMPANY
LrMR 'A Claredon America Insurance Co.
South Pasadena, CA 91031-0820
COMPANY B Hartford Insurance Co.
�hor��_(818) 799-7000
LE=R
INSURED
COMPANY
1.0; knqeles Engineering, Inc,
LETTER
COMPANYD
LETTER
4134 Temple City Blvd.
Rosotziead, CA 91770
COMPANYB
LETTER
COVERAGES
THIS 15 TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW NAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PCnI0o
INDICATED. NOTVATHSTANOING MY REOUIREMCKT, TEAM OR OONDITION OF AM CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED On MAY PERTAIN. THE INSURANCE A"011j= By THE PO=19 DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS. EXCLUSIONS. AND CONDITIONS Of SUCH POM1911 AND 19 NOT "WOED. EXTENDED OR ALTERED BY THIS CERTIFICATE.
POLICY
PFFPCnYE
EXPIRATION
LA
TYPE OF INSURANCF
NUMBER
DATE
DATE
ALL LIMITS IN THOUSANDS
GFNFRAL LIA131LIT1'
'OCCLRENGE "As's ONLY'
GENERAL AGGREGATE
12,000,
A
TNC06181941
PROOUCTSACOMPLIFtEO
—
1,000,
COMMERCIAL
066
517195
5/7/96
COMPnEI-ICASIVE
OPERATIONS AGGnEGATE
$
OMENS & CONTRACTORS
PERSONAL INJURY
$ 1,000,
PROTECTIVE
CONTRACTUAL FOR SPECIFIC
CONTRACT
EACH OCCURENCE
S 1,000,
PRODUCTWOMPLETED OPERATION
XCU HAZARDS
RROAC) FORM PROPERTY DAMAGE
FIRE DAMAGE) E
SEVERA011,11 Y Or INTEREST CLAUSE
(ANYONE
$ 50,
P. I WITH EMPLOYEE EXCLUSION
I
MEDICAL EXPENSES
---
REMOVED
PMARINE
(ANYONE PERSON)
B
AUTOMOBILE LIABILITY
72UENJZ6681
5/7/95
5/7/96
COMBINED
SINGLIELIMIT
$ 1,000,
.
. . . . .
BODILY INJURY
0.VY AUTO
ALL OWNCO AUTOS
(PER PERSON)
SCMCrIULIELI AUTOS
BODILY INJURY
HIRED AUTOS
(PER ACCIDENT)
S
NON-OWNED AUTOS
PROPERTY
GAFIAC .15 LIARILFFY
DAMAGE
S
EXCESS LIAI.SILITY
AGGREGATE
OCAi�jn E,
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
WORKERS* COMPENSATION
STATUTORY
S
EACH ACCIDENT
&
S
OISFJSE-POLICY LIMIT
EMPLOYER S'Ll ABILITY
S
DISEASE -EACH EMPLOYEE
OTHIiR
DESCRIPTION OF OPERATIONS&OCATIONSIVENICLE$mg$.IRPCTIWWSPUCL4jL MEMS: A" OFERAT[ONS PERFORMED FOR THE CITY OF
NEWPORT BEACH BY OR ON BEHALF OF THE NAMED INSUPZD IN CONNi!CnON MTK BUT NOT UMrTED TO THE FOLLOWING CONTRACT
Bob Henry Park
Construction C-3078
rROJWr TrMZ AND CNNTILACT NUMBER'
CERTIFICATE HOLDER.:*,
ADDITIONALLY INSURED
GHOUUD ANY OF THE ABOVE DESCRIBED POLICIES BE NON-RENEWED. CANCELLED OR
CITY OF NEwroRT BEACH
COVEAAOE REDUCED BEFORE THE EXPIRATION DATE THE COMPANY AFFORDING
P.O. BOX 1768
33()0 NEWPORT BOULEVARD
OUVERAOIE SHALL PROM �*D AYS MINIMUM ADVANCE NOTICE TO T" CI OF
/IMVPORT BEACH BY A T MAIL
NDVPORTBEACH, CALIFORNIA 92658-8915
L/ A
V-6,�
ATTENTION: Karlir4o Coulter
AUTHORrZED ROYREMWATIVE ISSUE DATE
U A-Q
_ _ F. _ _ _�_ aN�3ELE3 Eiuy Lai -_ F•:aGE q;
£i= ::''_'Sr 1996 12:2^ BtSa_,a5225 U_' -•
It is agreed that:
1. With respect to such insurance as is afforded by the policy for General Liability, the City
of Newport Beach, its officers and employees are additional insureds, but only with
respect to liability arising out of operations performed by or on behalf of the named
insureds in connection with the contract designated below or acts and omissions of the
additional insureds in connection with its general supervision of such operations. The
insurance afforded said additional insured (s) shall apply as primary insurance and no
other insurance maintained by the City of Newport Beach shall be called upon to
contribute with insurance provided by this policy.
2. The policy includes the following provision:
"The insurance afforded by the policy applies
separately to each insured against whom claim
is made or suit is brought, except with respect
to the limits of liability of the company
affording coverage."
3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the
terms, conditions and exclusions applicable to such insurance) includes liability assumed
by the named insured under the indemnification or hold harmless provision contained in
the written contract designated below, between the named insured and the City of
Newport Beach.
4. With respect to such insurance as is afforded by this policy, the exclusions, if any,
pertaining to the explosion hazard, collapse hazard and underground property hazard
(commonly referred to as "XCU" hazards) are deleted.
5. The limits of liability under tills endorsement for the additional insured (s) named in
Paragraph 1 of this endorsement shall be the limits indicated below written on an
"Occurrence" basis:
(X) Commercial ( ) Comprehensive
General Liability $ 1,000,000. each occurrence
$ 2,000,000. aggregate
The applicable limit of Contractual Liability for the company affording coverage shall
be reduced by any amount paid as damages under this endorsement in behalf of the
additional insured (s).
A -13
r c Li tL -. AIIGELE' =: Eld� Ibb _: F'aGE fr =i
E�i�'"29i L996 1=: 2J :tad _4__Y5 •
The limits of liability as stated in this endorsement shall not increase the total liability
of the company affording coverage for all damages as the result of any one occurrence
in excess of the limits of ilability stated in the policy as applicable to General Liability
Insurance.
6. Should the policy be non - renewed, canceled or coverage reduced before the expiration
date thereof, the Issuing Company shall provide 30 days' advance notice to the City of
Newport Beach by registered mail, Attention: Public Works Department.
7. Designated Contract: Bob Henry Park Construction C -3078
Project Tide and Contract No.
This endorsement is effective 3/29/96 at 12:01 a.m. and forms
a part of Policy No.TNC0698/94 /06tof CLaredon America Insurance Co.
(Company Affording Coverage).
Insured: Los Angeles Engineering, Inc.
ISSUING COMPANY
By:
Authorized Representative
A -14
Endorsement No.: Special
............ . .
155b 1Y: 22 - :1::4`4;2 ":;6 LLI'; IV6ELE' -: El It - F'G ,E 1Ci
FAA #11 1y•tt •:i 1► t:♦ tinci:0 1111. 0
It is agreed that:
1. With respect to such insurance as is afforded by the policy for Automobile Liability, the
City of Newport Beach, its officers and employees are additional insureds, but only with
respect to liability for damages arising out of the ownership, maintenance or use of
automobiles (or autos) used by or on behalf of the named insured in connection with the
contract designated below. The insurance extended by this endorsement to said
additional insured does not apply to bodily injury or property damage arising out of
automobiles (1) owned by or registered in the name of an additional insured, or (2)
leased or rented by an additional: insured, or (3) operated by an additional insured. The
insurance afforded said additional insured (s) shall apply as primary insurance and no
other insurance maintained by the City of Newport Beach shall be called upon to
contribute with insurance provided by this policy.
2. The policy includes the following provision:
"The insurance afforded by the policy applies
separately to each insured who is seeking
coverage or against whom a claim is made or suit
is brought, except with respect to the limits'
of liability of the company affording coverage."
3. The limits of liability under this endorsement for the additional insureds named in
Paragraph 1. of this endorsement shall be the limits indicated below for either Multiple
Limits or Single Limit:
( ) Multiple limits
Bodily Injury Liability $ per person
Bodily Injury Liability $ per accident
Property Damage Liability $
R Combined Single Limit
Bodily Injury Liability &
Property Damage Liability $ 1,000,000.
The limits of liability as stated in this endorsement shall not increase the total liability
of the company affording coverage for all damages as the result of any one accident or
A- 15
it 'l4r 1•iyh 1Y: 22 SU_:uSJE ",_<k. LO'= 41,KKELE=: 016 I11 1=' t_E 11
occurrence in excess of the limits of liability stated in the policy as applicable to
Automobile Liability Insurance.
4. Should the policy be non - renewed, canceled or coverage reduced before the expiration
date thereof, the Issuing Company shall provide 30 days' advance notice to the City of
Newport Beach by registered mail, Attention: Public Works Department.
S. Designated Contract: Bob Henry Park Cons *_ri�c: ion C -3078,
Project Title and Contract No.
This endorsement is effective 3/29/96 at 12:01 a.m. and forms a part of
Policy No. 721JENJZ6681 of Hartford nsurance Co.
(Company Affording Coverage).
Insured: Los Angeles Engineering, Inc. Endorsement No. ;Special
ISSUING COMPANY
M
Authorized Representative
A -16
L'
STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142 -0807
COMPENSATION
INSURANCE
FUND ,CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
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 indicated. _
This policy is not subject to cancellation by the Fund except upon t % (Xays' advance written notice to the employer.
We will also give you TX Xdays' advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or after the coverage afforded by the
policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with
respect to which tFiis=cer[ificate of insurance may be. issued or may pertain; the insurance.. aff6rde&by the policies
described herein is subject to all the terms, exclusions and conditions of such,policles.
` PRESIDENT�
EMPLOYER'S LIABILITY LIMIT INCtUDING;DEFENS,E COSTS: PER OCCURRENCE
i
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE
04/03/96 IS ATTACHED TO AND FORMS A PART OF THIS POLICY.
SPECIMEN ENDORSEMENT {2065 ATTACHED.
•,1
d
�THTE
COMPENSATION
1 NSL RANGE
FUND
HOME OFFICE
SAN FRANCISCO
ALL EFFECTIVE DATES ARE
AT 12:01 AM PACIFIC
STANDARD TIME OR THE
TIME INDICATED AT
PACIFIC STANDARD TIME
CERTIFICt1TE HOLDERS'STICE
r ,
G OORSEMENT AGREEMENT
20- 00 -35t
- EXHIBIT
ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS
AGREED THAT THIS POLICY SHALL NOT BE CANCELLED UNTIL:
30 DAYS
:..FTER WRITTEN NOTICE OF SUCH CANCELLATION HAS BEEN ?LACED IN THE
:,4IL 3Y STATE FUND TO CURRENT HOLDERS OF CERTIFICAT -r OF SvCZiCERS'
COHP— ENSATION INSURANCE.
NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, 4,LTER, :';RIVE
I T10NS OF THIS
I L1CY SHALL BE
E 1ENTS OR LIMI-
COUNTERSIIGG�N)ED AND ISSUED AT SAN FRANCISCO:
8/88 AUTHORIZED REPRESENTATIVE
SCIF 10516 (REV. 10 -66)
206c
F�
PRESIDENT
LO FARM 516
a 1.
fi
is
ox
WORKERS' COMPENSATION INSURANCE CERTIFICATION
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer
to be insured against liability for workers' compensation or to undertake self-insurance in
accordance with the provisions of that code, and I will comply with such provisions before
commencing the per"ance- of the work of this contract."
IC(c, Los Angeles Engineering, Inc.
Datd Name of Contractor (Principal)
C-3078
Contract Number Authorized Signature and Title
ANGUS aRRIEN
PRESIDENT /SECRETARY
Bob Henry Park Construction
Title of Project
A-17
f•
V
r
CONTRACT
THIS AGREEMENT, entered into this L! % day of gotd 19-7(., by and
between the CITY OF NEWPORT BEACH, hereinafter "City," and Los Angeles Engineering, Inc.
hereinafter "Contractor," is made with reference to the following facts:
A. City has heretofore advertised for bids for the following described public work:
Bob Henry Park Construction C -3078
Title of Project Contract No.
B. Contractor has been determined by City to be'the lowest responsible bidder on
said public work, and Contractor's bid, and the compensation set forth in this
contract, is based upon a careful examination of all plans and specifications by
Contractor,
NOW, THEREFORE, the parties hereto agree as follows:
1. Contractor shall furnish all materials and perform all of the work for the
construction of the following described public work:
Bob Henry Park Construction C -3078
Title of Project Contract No.
which project is more fully described in the contract documents. Contractor shall perform and
complete this work in a good and workmanlike manner, and in accordance with all of the
contract documents.
2. As full compensation for the performance and completion of this work as
prescribed above, City shall pay to Contractor the sum of Mine Hundred Thirty Thousanc
One Hundred Fift- Five Dollars no/cent]jollars y dollars ($o3D., L,� nn 1. This
compensation includes:
i
(a) Any loss or damage arising from the nature of the work,
(b) Any loss or damage arising from any unforeseen difficulties or
obstructions in the performance of the work,
(c) Any expense incurred as a result of any suspension or discontinuance of
the work,
but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5
on the Richter Scale and tidal waves, and which loss or expense occurs prior to
acceptance of the work by City.
CA -1
3. All of the respective rights and obliga 0" of City and Contractor are set forth
in the contract documents. The documents are incorporated herein by
reference as though set out m full . >, clude the following:
(a) Notice Inviting Bids
(b) Instructions to Bidders and documents referenced therein
(c) Payment Bond
(d) Faithful Performance Bond
(e) Certificate of Insurance and Endorsement (s)
(f) Plans and Special Provisions for Bob Henry Park Construction C -3078
Title of Project ContractNo.
(g) This Contract
(h) Standard Specifications for Public Works Construction (current Edition)
and all supplements
4. Contractor shall assume the defense of, pay all expenses of defense and hold
harmless, City and its officers, employees and representatives from all claims,
loss or damage, injury and liability of every kind, nature and description by
reason of or arising out of the negligent or willful conduct of the Contractor, his/
her employees, agents and subcontractors in the performance of the Project,
except such loss or damage caused solely by the active negligence of City or its
officers, employees and representatives.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day
and year first written above.
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Mayor
APPROVrA AS TO FORM:
is
Los Angeles Engineering, Inc.
CITY ATTORNEY Name of Contractor
ATTEST:
bh� - -
Authorized Signature and Title
ANGUS aBRIEN
PRESIDENT /SECRETARY
CA -2
California
NIGHT THUMBPRINT (OPTIONAL)
State of
}
County of Los Angeles
JE
On r before me, Bonnie Lane
0
o
(DATE)
(NAME. TITLE OF OFFICER I.E..-JANE DOE. NOTARY PUBLIC-)
CAPACITY CLAIMED BY SIGNER(S)
personally appeared Angus O'Brien
(NAME(S) OF SIGNERS))
❑ INDIVIDUAL(S)
kk CORPORATE President &
OFFICER(S) Secretary
❑ PARTNER(S) (TITLE(S))
%A personally known to me -OR.
❑ proved to me on the basis of satisfactory evidence
❑ ATTORNEY IN FACT
to be the person(s) whose name(s) is /are sub-
❑ TRUSTEE(S)
scribed to the within instrument and acknowledged
❑ GUARDIAN /CONSERVATOR
to me that he /she /they executed the same in
Cl OTHER:
BOfVNIE LANE
his /her /their authorized capacity(ies), and that by
his /her /their signature(s) on the instrument the
SIGNER IS REPRESENTING:
V Comm. #969311 person(s), or the entity upon behalf of which the
NOTARY PUBLIC - CALIfORN1A�
person(s) acted, executed the instrument.
(NAME OF PERSON(S) OR FATITY(IES))
C LOS ANGELES COUNTY
L +,vcF" my0cmm.EzpuesJuly9,1996� Witnessmyh ndandofficialsea
Los Angeles Engineering.Ir
(SEAL)
(SIGNATURE OF NOTARY)
ATTENTION NOTARY: The information requested below is OPTIONAL. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document.
THIS CERTIFICATE
Title or Type of Document
MUST BE ATTACHED
TO THE DOCUMENT
Number of Pages Date of Document
DESCRIBED AT RIGHT:
Signer(s) Other Than Named Above
wr
0 0
April 23,1996
Advanced Construction
938 Lincoln Blvd.
Santa Monica, CA 90403
Gentlemen:
Thank you for your courtesy in recently submitting a bid for the Bob Henry Park
project 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.
Sincerely,
LaVonne M. Harkless, CMC /AAE
City Clerk
Enclosure
Micon Engineering, Inc.
780 South Van Buren
Suite G
Placentia, CA 92670
Bopark Enterprises, Inc.
4571 Warner Avenue #102
Huntington Beach, CA 92649
Ford E.C., Inc.
11866 Wilshire Boulevard #200
Los Angeles, CA 90025
Valley Crest Landscape, Inc.
1920 South Yale Street
Santa Ana, CA 92704
Metro Builders & Engineers Group Ltd.
2600 South Yale Street
Santa Ana, CA 92704
Goodman & Peloyuin Inc.
521 East Walnut Ave.
Fullerton, CA 92632
Zagros Inc.
12378 Circula Panorama
Santa Ana, CA 92705
Gillespie Construction, Inc.
245 Fischer Avenue
Suite B -3
Costa Mesa, CA 92626
Allied Engineering & Construction, Inc.
4071 E. La Palma
Suite B
Anaheim, CA 92807
Advanced Construction
938 Lincoln Boulevard
Santa Monica, CA 90403
Los Angeles Engineering, Inc.
4134 Temple City Boulevard
Rosemead, CA 91770