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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 • a 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 131 The Mme of the parton Mw contracted for WrcMr of IMl labor. service, adornment. w manhas lacrlinlirq tM m+ilip of ral by IM Town, ..cold✓ of Mended rots/. +I.eemcYYmao6Let [ taJll cRiNgpt. TM 131 A d.-Mr. 011. 1abn,. w11CYnt iw NViIXKKWn. w1iKh is rood is M1. rKddaeN. -an, and Wa rot M nonsid role IMr vilKVl rKdd. v IM cd+XY wridr (5) The followed n+Normil twMlac. IYM: by I.w imps, mnnry n NvlwilMeMinp any v1M peor'wn 01 it , tM iM.+r�.� 4isCDl,ohs np{hdn of "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 Il by ay wl pM in f Wl for led rabw. NrvkN, sWiaMnl. or malaNl.I Vm ~ ar lO M Tur iaMd, . maCMnif', lien Ind. "N NlKo r,,.1 in. mount, which by few. -,an cennrvctwa Mlrs. The riling.1. gNimvry 201 1ye"We mile 4Mip to the bu. Trial CWrtTMKbWn prat. Wiry,. M as w MR Of yWr gOpsRY Mind n footwear may M placed ,M counir recorder doe s nor gar. 6. to seal Or cMRNnwa rdlr. wild n,p.ci To my pwq't n.or agamn 1M ooNny rvM mo,m Y o Mra pad Y. cMlr.ciw in title Yo mi wren m D.,act yomNX ingnini This s or a filed proommin OO by cone. m to any dlnY or rhpdry M IM Mrt of any party a. Th tM,+InFC1 w on[.vuenc. by 111tpuiriog Yavr conraclwlo fumW a uOMd red byfMpM/on w firm giving yov this notice before -I N .1.1 to Inc r cmlrKla w (21 MY olhn madder w dwk. lot u apoopri is under IN ciicumnen[aa tmmu DI IMI -lips ``�J. - Tv 13091.1 Roof al Sol of NiNal Root MI IM Mlimins, 2ci ^vin. r,8MH:6i w 161 If IM notice u Divan by . WMenhxtw who is rpuirsd prescient to a collective Mgei ding porsnsnl to pay cc.dI-. with wpdivrsw Ile of sorrow 3097 sMll M mNe N I...: wpparmMVlhlder moieiMO an .... Tun Nnd d.a[r4.din Sec'Ign 3111. 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Man M uMchM order hrb. y ' A CaRbkatad alchilKl, fpinnM "icasol or licensed 4M bar who Ma furnished N N for TM their, of IM 10111 Nrvsd be Po,...Try aWremd 1M -1- to IM , Iv M rdldi.d, a by boi �T I To. i ddyu�v it-. e1 wa+of ✓ngwn. and wed porn a gW,m rwtiu as TonistlYN Wa I. not later Than 20 day. ihn 1. won puvMU whin Nm. parson in TM,.. by IM wool d sense .Hw.vd prost. n wladowand Id 1r t al 'vngpvem.nl Na Cannurc.ar Wo M ramrod Ia have COndYet M,h ,ubdi,rdi law .M Th) win rawacl to Id A -wCOf OI Nrvrte allNbitn an .Na the panwh mr\mp 1M A� p61^an^eh lop il.nwal, Npirsninp, a waii awiw, fumoved, of le M IurrMIW. Of Tin ca and hna Trawler IMr want urvc. was mal in Kcwdarc. with sacbm 3097. sun nlWarn,tu��ll -��°°n 1M or TM galimiury Mlry nTenM loin aubdviaM, law and ITT TNb M gored col Wn Than 20 bY, /Ilia red,domain and add-.11M - --0, whom. 11, vl dy warmiMry 260a+.m"c. it obeh�hvlhw. IM llfur .:initleDw.ar^riee,q_ti�mwlt wmathelb rCdViMVte Xl.pw, rni.e p,irpm.n,.d mnenni, nova Men which M w.. rnM. 11113098. IdriNM to / pbvlo by a Cb M wed die roll pdr. a ywyhm yry notice. IMT s4imrnl Nall hot M oKluded Iron pirand Mry sYmina. YrayIt odic ell' �ah.yat slndn harms 20.Db Xotka I WDN W.I. 'R 20E. a gelimvury.tiN al any M.lbhaahM. TM Wim+nI YIW. MYmn. M MIiOM la nnord . Mn, Ara nDO nor,.. and IMr was oror oM awnion .1 tom panel . p.,hMn+bM.sMWYIpgYldapgOpiS Yn1s Chim pornapelmentlowedao id hbde Nrvrn puiPMrll,wm.l.fialfumislst within 20 dsvw prior to ant io wva../a i,.."vin In by dire. 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M. caused wren o,o M prM o has w gaWm to IMI M r y pr o Io bGViegn YI. r .carded Th Cwhc,n VO ,o to hsr ,Mel 20 day .hit welt, w TM chiif hay cctnclM, na mM p Esc 1. ose . IN, n +M1. DY MY m.1. M n Oar.prpn 111 ar rho. 131 X dw pnMb,so ll MIXht Woo not rand. 1. crieY .T n wr ,, wpuiprMnr. le m.1.Mb ro IM pD,ile. +nlaq wnlr wWas KcvN. M. lint lvmpvar h INio Imr N ,M C al e, by .uboadwasn. X Xy prawn carol co whet DY ands of ear masXM+. IMr, roliN m.Y M pivot by lin.chu uRd'irar IF Of I . FW of labor. NrvI. ln1, w oV1+Mb Iumi.M w le er NmidW, W wa Mms Of IN NR, le . Means r maA. MMNM to Ns cannrucmn W1Ar w W Na T ice . wddd I rorka Yhtl M {rvM by Ns 01 frncYU rv{ hpinnM n es wore IM Note was NmioMt. ank. .. l . s. 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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 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 MAR- 11 -19% 15:14 ti U u ta 01 u u+ u Uu� p in Z F a N a W =ccr W w�um r Z to m 0 e1, U L % p W 2 a u +b W w 4 m w C pal`D +Z H a U W O n U mm n c y a w W u (1 ' 1 Q MICON ENGINEERING • • 714 666 1007 P.01 MR AMDA - /3 V +r MAR ], 1966 WY ("FPV NTED." w U a W V C a LL O u m r n w m y pq 7 z a xm v 1 o x w n d N 1+ +j a ° 00 u z w C w H 0 m Q a O u Q m LL K W MR AMDA - /3 V MAR ], 1966 WY ("FPV W V C 'n r 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 h� � z w w N0. < m 22882 .0 r rr CIVIL xR O 92FOF CALF R C"M 12/31/97 ��SED ARCy'Ttc` �V RON YEE) v !A qt ! NO C 3557 s A EE N. / U+� 9TF of �A`�Fo 1 0 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