HomeMy WebLinkAboutC-3176 - Balboa Blvd. Reconstruction - Main Street to G StreetApril 24, 2001
• 9
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
Los Angeles Engineering, Inc.
4134 Temple City Blvd.
Rosemead, CA 91770
Attn: Angus O'Brien
Subject: Balboa Boulevard Reconstruction Main to "G" Street, (C -3176)
Dear Mr. O'Brien:
On October 24, 2000, the City Council of Newport Beach accepted the work of
the subject project and authorized the City Clerk to file a Notice of Completion,
to release the Labor & Materials Bond after the Notice of Completion had been
recorded in accordance with applicable portions of the Civil Code and to release
the Faithful Performance Bond six months after Council acceptance.
The Notice of Completion was recorded by the Orange County Recorder on
October 25, 2000, Reference No. 20000574893. The Surety for the contract is
General Accident Insurance Company of America, and the bond number is
SB0057637. Enclosed are the Labor & Materials Payment Bond and Faithful
Performance Bond.
Sincerely, ^
LaVonne M. Harkless, CMC/ AAE
City Clerk
LH:cf
cc: Public Works Department
Lois Thompson, Administrative Coordinator
encls.
3300 Newport Boulevard, Newport Beach
EXECUTED IN FOUR COINTERPAR. PREXIU ^l INCLUDED OPERFOMANCE BOND
PAGE 28
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BALBOA BOULEVARD RECONSTRUCTION MAIN STREET TO G STREET
CONTRACT NO. 3176
BOND NO. SB0057637
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, has awarded to Los Angeles Engineering, Inc., hereinafter designated as the
"Principal," a contract for construction ;of BALBOA BOULEVARD RECONSTRUCTION MAIN
STREET TO G STREET, Contract No.(3176 in the City of Newport Beach. in strict conformity
with the plans. drawings, specifications nd other Contract Documents in the office of the Public
Works Department of the City of New�ort Beach, all of which are incorporated herein by this
reference.
WHEREAS, Principal has exec ted or is about to execute Contract No. 3176 and the
terms thereof require the furnishing of 3 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 w rk agreed to be done, or for any work or labor done
thereon of any kind, the Surety on this b )nd will pay the same to the extent hereinafter set forth:
General Accident Insurance Company of America
NOW, THEREFORE. We the i
�4p$4 duly authorized to transact busim
(referred to herein as "Surety') are held
of five hundred seventy-four thous+
($)574,564.10, lawful money of the Unil .
the estimated amount payable by the C,
which payment well and truly to be
administrators, successors, or assigns, j,
THE CONDITION OF THIS OBLI
subcontractors, fail to pay for any m;
machinery used in, upon, for, or about th
any other work or labor thereon of art
Insurance Code with respect to such woi
withheld and paid over to the Emplo
employees of the Principal and subcontr
Insurance Code with respect to such wor
amount not exceeding the sum specified
the obligations of this Bond, a reasonabi
the provisions of Section 3250 of the Civil
idersigned Principal, and, '1xA11ge1rXtiF�fiietliftij,
s under the laws of the State of California, as Surety,
nmly bound unto the City of Newport Beach, in the sum
id, five hundred sixty -four dollars and ten cents
d States of America, said sum being equal to 100% of
of Newport Beach under the terns of the Contract; for
nade, we bind ourselves, our heirs. executors and
ntly and severally, firmly by these present.
ATION IS SUCH, that if the Prtncipal or the Principal's
ertals, provisions, or other supplies, implements or
performance of the work contracted to be done, or for
kind, or for amounts due under the Unemployment
or labor, or for any amounts required to be deducted,
nent Development Department from the wages of
:tors pursuant to Section 13020 of the Unemployment
and labor, then the Surety will pay for the same, in an
this Bond, and also, in case suit is brought to enforce
attorney's fee, to be fixed by the Court as required by
;ode of the State of California.
a
0
PAGE 29
The Band shall inure to the benefit of any and all persons, companies, and corporations
entitled to fife claims under Section 3181 of the Cal forma Civil
required by and nea right of Lion
to them or their assigns in any suit brought upon with
the provisions of Sections 3247 et. seq. of the Civil Code of the State of California.
And Surety. for value received. hereby stipulates and agrees that no change, extension
n of
time, alterations or additions to the terms of the Contract or to the work to be P e
thereunder or the specifications accompanying the same shall in ny affect tlma Obligations on
this Bond, and It does hereby waive notice of any such Chang e, extension o
additions to the terms of the Contract or to the work or to the specifcations.
In the event that any principal above named executed this Bond as an individual, it is
agreed that the death of any such principal shall not exonerate the Surety from its obligations
under.this Bond.
IN WITNESS WHEREOF, this instrument has been duty execute 9d 9 by the above named
Principal and Surety, on the 1st day of June i9�
Los Angeles Engineering, Inc. Dy.
-- _1eor1Zed Si9pat rA
Name of Contractor (Principal) [ ngus o'(s fen, ent
�i nro:dent Insurance nn V 4 V\
Sta te of California
County of Los Angeles
June 2, 1999
On before me,
(OATEt (NAME. TITLE OF OFFICER 1 E JANE OOE. NOTARY PUBLIC "1
personally appeared Angus O'Brien
(NAME(S) OF SIGNER(S) I
Kkpersonally known to me OR - I] 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
his /her /their signature(s) on the instrument the
�., 117 ; „ » person(s), or the entity upon behalf of which the
'XAr!9ww person(s) acted, executed the instrument.
Ar >; Witness my hand and official seal.
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CAPACITY CLAIMED BY SIGNERS) i!
INDIVIDUAL(S) "
I CORPORATE P_r2Sl den-t-1— �)
OFFICER(S) Secretary I
❑ PARTNER(S) (nnElsll +(
G' ATTORNEY IN FACT
❑ TRUSTEE(S) j
❑ GUARDIANrCONSERVATOR ;
❑OTHER: — I i
!i
SIGNER IS REPRESENTING:
(NAME OF PERSON(SI OR ENTITY(IES)I
Los Angeles Engineering, j
ATTENTION NOTARY: The information requested below is OPTIONAL. It could, however, prevent fraudulent attachment of this certificate to any unauthorized document.
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
Date of Document
01992 WOLCOrrS MW w1
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On June 1, 1999 , before me, Candy M. Coons, Notary Public, personally appeared Mark E. Shreckengast
Place Notary Seal Above
Optional
Signature of*Aary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and
reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
_ Individual
_ Corporate Officer - Title(s):
_ Partner - _Limited_ General
X Attomey in Fact
_ Trustee
_ Guardian or Conservator
Other:
Signer is Representing:
Number of Pages
Personally known to me to be the person whose name is subscribed to the
..............................:
within instrument and acknowledged to me that he executed the same
CANDY M. COONS
in his authorized capacity, and that by his signature on the instrument the
R
COMM. #1195631
R
person, or the entity upon behalf of which the person acted, executed the
S
2
Q
NOTARY PUBLIC - CALIFORNIA
LOS ANGELES COUN iY
S
2
instrument.
.
My COMM. Expire=. Sept. 5, 2002
WITNES,16,my hand and official seal.
Place Notary Seal Above
Optional
Signature of*Aary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and
reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
_ Individual
_ Corporate Officer - Title(s):
_ Partner - _Limited_ General
X Attomey in Fact
_ Trustee
_ Guardian or Conservator
Other:
Signer is Representing:
Number of Pages
of
Attorney
General Accident GA 0 210 6 9 8
436 Walnut Street, Philadelphia, PA 19106
KNOW ALL MEN BY THESE PRESENTS, that the GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA, a Pennsylvania corporation having its
principal office in Philadelphia, Pennsylvania does hereby make, constitute and appoint: Mark E. Shreckengast, Amy Pratt, Candy M. Coons, Joseph E.
Cochran, all of the City of Los Angeles, State of California -------- — --- – ------------------------------------------------- – ---------------- ------------ •---------- – ------- - -. -- -- - - - - --
each individually if there be more than one named, its true and lawful Attorney -in -Fact, to make, execute, seal and deliver as surety for, and on its behalf, and
as its act and deed any and all bonds and undertakings of suretyship, and to bind the GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA hereby
as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the
GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA and sealed and attested by one other of such officers, and hereby ratifies and confirms all
that its said Attorney(s) -in -Fact may do in pursuance hereof; provided that no bond or undertaking of suretyship executed under this authority shall exceed in
the amount the sum of: TWENTY FIVE MILLION DOLLARS-------- --------------------- --------- ---- ----------- - ------------------------------------ -------'------------
"_ ------------------------------------ -- --------- _ ----------- ---------------- _ --- ---------------------------------------------------- (25,000,000.00)
This powecofattorney Is granted under and. by authority of Subsection 5.1 (b) of Article V of the by -laws of GENERAL ACCIDENT INSURANCE COMPANY
OF AMERICA which became effective February 1992 and which provisions are in full force and effect, reading as follows:
5.1(b) The Board of Directors or President; Vice President, or other officer designated by them or either of them shall have power to appoint Attorneys -in -Fact and to authorize
"them . to execute on behalf of the Company bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to attach the
seal of the Company thereto; and shall also have the power to remove any such Attorney -in -Fact at any time and revoke the power and authority given to him. Any instrument
executed by any suchAttomey -(n -Fact shalfbe as binding upon the Company as if signed by an Executive Officer, and sealed and attested by the Secretary."
This power of attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the board of directors of GENERAL
ACCIDENT INSURANCE COMPANY OF AMERICA, at a meeting held on the 20th day of February, 1992, at which a quorum was present, and said resolution
has not been amended or repealed:
'Resolved, that in granting powers of attorney pursuant to subsection 5.1(b) of the by -laws of the Company the signature of such directors and officers and the seal of the
Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile
signatures or facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached"
IN WITNESS WHEREOF, GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA has caused these presents to be signed by Dennis S. Perler, its
Vice President, and its corporate seal to be hereto affixed, this 26th day of March
19 99 GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA
Poo .
Commonwealth of Pennsylvania �Philadelphia County Dennis S. Perler, Vice President
On this 261h day of March "';19 99 personally appeared Dennis S. Feder to me known to be the Vice President of
GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA, and acknowledged that he executed and attested the foregoing instrument and affixed the
seal of said corporation thereto and that the seal affixed to said instrument is the corporate seal of said Company, that said corporate: seal and his signature
were duly affixed pursuant to the by -laws and a resolution of the board of directors of said Company.
:'p!! �C,�.• '_ NOTARIAL SEAL
• U S : LINDA MLLER. Notary Public
tg; OF tg: Chyd RWMNphla Phflr..r,ty, "Notary Public . in., and for the Commonwealth. of Pennsylvania
My CorteNdM E1 Iroii Set 3, 2001
I, James E.Car'r6il;,Assistant Secretary of the GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA, do hereby certify that the above and foregoing
is a true and correct copy of a power of attorney executed by GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA, which is still in full force and
effect, and that Article V, Subsection 5.1 (b). of the by -laws of the Company and the resolution set forth above are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company this 1St day of
June ,1999 .
James E. Carroll, Assistant Secretary
This Power of Attorney may not be used to execute any bond with an inceptign date after .'March' 26 2003
sn_nm� a oo ;
For verification of the authenticity of this Power of Al you may call, 1- 800 -288 -2360 and ask for the Power of Attorney supervisor. Please refer to the Power of
Attorney number, the above named individual(sl and details of the bond to which the power is attached. In Pennsylvania, Dial 215 - 6253081,
SB -0027 3.92
EXECUTED IN FOUR COUNTERPA.O PREMIUM $WO.00 - Final Premium is
Based on Final Contract Amount
PAGE 30
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BALBOA BOULEVARD RECONSTRUCTION MAIN STREET TO G STREET
CONTRACT NO. 3176
BOND NO, SBOO57637
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 3,910. 00
beingat the rate of $ 7.00 -First $500,000; $5 =5
WHEREAS, the City Council of the City of Newport Beach, State of California, by motion
adopted, awarded to Los Angeles Engineering, Inc., hereinafter designated as the "Principal", a
contract for construction of BALBOA BOULEVARD RECONSTRUCTION MAIN STREET TO G
STREET, Contract No. 3176 in the City of Newport Beach, In strict conformity with the plans,
drawings, specifications, and other Contract Documents maintained in the Public Works
Department of the City of Newport Beach, all of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute Contract No. 3176 and the
terms thereof require the furnishing of a Bond for the faithful performance of the Contract;
General Accident Insurance Company of America.
NOW. THEREFORE, we, the Principal, and 4MZxAnJF&1as 4Wglneerfr4V,x#=, duly
authorized to transact business under the laws of the State of California as Surety (hereinafter
"Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of five hundred
seventy -four thousand, five hundred sixty-four dollars and tan cants ($574,564.10), lawful
money of the United States of America, said sum being equal to 100% of the estimated amount of
the Contract, to be paid to the City of Newport Beach, Its successors, and assigns; for which
payment well and truly to be made, we bind ourselves, our heirs, executors and administrators,
successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's
heirs, executors, administrators, successors, or assigns, fall to abide by. and well and truly keep
and perform any or all the work, covenants, conditions, and agreements in the Contract
Documents and any alteration thereof made as therein provided on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to its true
intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach,
its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the
same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall
become null and void.
i
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PAGE 31
As a part of the obligation secured hereby, and in addition to the face amount specified in
this Performance Bond, there shall be included costs and reasonable expenses and fees.
including reasonable attorneys fees, incurred by the City, only in the event the City is required to
bring an action in law or equity against Surety to enforce the obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the work to be performed thereunder or
to the specifications accompanying the same shall in any way affect its obligations on this Bond,
and it does hereby waive notice of any such change, extension of time, alterations or additions of
the Contract or to the work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal in full
force and effect for six (6) months following the date of formal acceptance of the Project by the
City.
In the event that the Principal executed this bond as an individual, it is agreed that the
death of any such Principal shall not exonerate the Surety from its obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duty executed by the Principal and
Surety above named, on the 1st day of June 19 9
Los Angeles Engineering, Inc._
By
OF
ATTENTION NOTARY: The information requested below is OPTIONAL. It could. however, prevent fraudulent attachmem of this certificate to any unauthorized document.
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
Date of Document
RIGHT THUMBPRINT (GPTIGNAL) �1 f
State of California
—
I,
County of loS Angeles
�f
On June 2, 1999 me,
—before
Bonnie Lane
g
(I
(DATE)
_ 7A__
(NAME. TITLE OF OFFICER I.E., NE DOE. NOTARY PURUC)
personally appeared Angus O'Brien _
t
CAPACITY CLAIMED BY SIGNER(S) i
(NAME (S) OF SIGNE0.(Stl
0 INDIVIDUAL(S) '
CORPORATE Prr4i.daftt -_ &.
OFFICER(S) Secretary i�
O PARTNER(S)
Kkpersonally known to me OR •
❑ proved to me on the basis of satisfactory evidence
❑ ATTORNEY IN FACT {
to be the person(s) whose names) is /are sub-
❑ TRUSTEE(S)
scribed to the within instrument and acknowledged
❑ GUARDIAN /CONSERVATOR j
to me that he /she /they executed the same in
p OTHER: i
this /her /their authorized capacity(ies), and that by
i
this/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which [he
SIGNER IS REPRESENTING:
,��
:, person(s) acted, executed the instrument,
(NAME OF PERSONISI OR ENTITYIIESD
it
f; Witness my hand and official seal.
Los Angeles Eno i neer i ng I t
OF
ATTENTION NOTARY: The information requested below is OPTIONAL. It could. however, prevent fraudulent attachmem of this certificate to any unauthorized document.
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
Date of Document
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On June 1, 1999 , before me, Candy M. Coons, Notary Public, personally appeared Mark E. Shreckengast
...... ............................... Personally known to me to be the person whose name is subscribed to the
CANDY N1. COONS -* within instrument and acknowledged to me that he executed the same
G COMN1. #1195631 R in his authorized capacity, and that by his signature on the instrument the
NOTARY PUBLIC - CALIFORNIA 5
LOS ANGELES COUNTY 2 Person, or the entity upon behalf of which the person acted, executed the
my Comm. Expires Sept. 5, 2092 < Instrument-
......... 0 ........ .................
my hand and official seal.
Place Notary Seal Above
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and
reattachment of this Form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named
Capacity(ies) Claimed by Signer
Signer's Name:
Individual
Corporate Officer - Title(s):
_ Partner --Limited—General
X Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer is Representing:
Number of Pages
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO: Recorded in Official Records, County of Orange
Gary Granville, Clerk- Recorder
City Clerk II iii I n; l ilu; I p l i A
City of Newport Beach
it II. II :Ili: II! : !!!;11;1161 1,111 O FEE
3300 Newport Boulevard 20000514893 03.39pm 10/25/00
Newport Beach, CA 92663 102 48 N12 i
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
"Exempt from recording fees
pursuant to Government Code Section 6103"
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, I ci
Newport Beach, California, 92663, as Owner, and Los Angeles Engineering, Inc. of
Rosemead, California, as Contractor, entered into a Contract on May 24, 1999. Said
Contract set forth certain improvements, as follows:
Balboa Boulevard Reconstruction Main to "G Street,
C -3176
Work on said Contract was completed on December 17, 1999, and was found to be
acceptable on October 24, 2000, by the City Council. Title to said property is vested in
the Owner, and the Surety for said Contract is General Accident Insurance Company of
America.
BY 4"
Public Works Director
City of Newport Beach
VERIFICATION
I certify, under penalty of perjury, that the foregoing is true and correct to the best of my
knowledge.
Executed on
C('t;
BY
City Clerk
at Newport Beach, California.
October 24, 2000
CITY COUNCIL AGENDA
APPROVED ITEM NO. 12
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: BALBOA BOULEVARD RECONSTRUCTION MAIN TO "G" STREET,
CONTRACT NO. 3176 - COMPLETION AND ACCEPTANCE
RECOMMENDATIONS:
1. Accept the work.
2. Authorize the City Clerk to file a Notice of Completion.
3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of
Completion has been recorded in accordance with applicable portions of the Civil Code.
4. Release the Faithful Performance Bond six months after Council acceptance.
DISCUSSION:
On May 24, 1999, the City Council authorized the award of the Balboa Boulevard
Reconstruction, Main to "G" Street contract to Los Angeles Engineering, Inc., of Rosemead,
California. The contract provided for the re- paving of Balboa Boulevard from Main Street to G
Street. The contract also included the removal and replacement of deteriorated sidewalk, curb
access ramps, driveways, cross gutters, curb & gutter, landscape planters and streetscape
improvements using interlocking pavers at the intersection of Balboa Boulevard and Main
Street. 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: $574,564.10
Actual amount of bid items constructed: 610,895.58
Total amount of change orders: 76,067.92
Final contract cost: $686,963.50
The increase in the amount of actual bid items constructed over the original bid amount
resulted from the additional cold milling of existing concrete roadway found under the asphalt
roadway. The final overall construction cost, including change orders, was 19.6 percent over
the original bid amount. All change orders exceeding the 10 percent original bid cost had City
Manager approval.
A total of nine monetary change orders were issued to complete the project. They were as
follows:
1. A change order in the amount of $700.00 provided for the replacement of a
brick driveway at 1134 Balboa Boulevard.
SUBJECT: Balboa Boulevard Re uction, Main to "G" Street, Contract No. 3176 - Cc ion And Acceptance
October 24, 2000
Page 2
2. A change order in the amount of $6,856.62 provided for removal and disposal of the
existing median at Balboa Boulevard and G Street.
3. A change order in the amount of $6,856.62 provided for removal and disposal of the
existing median at Balboa Boulevard and G Street.
4. A change order in the amount of $5,200.80 provided for the relocation /and or lowering
of six streetlights.
5. A change order in the amount of $11,145.60 provided for the removal and
reconstruction of additional sidewalk.
6. A change order in the amount of $9,663.00 provided for the replacement of curb
access ramps and temporary driveway access due to grade differentials.
7. A change order in the amount of $23,399.54 provided for the purchase, replacement
and adjustments of water meter boxes and sewer cleanouts.
8. A change order in the amount of $7,821.96 provided for the removal and
reconstruction of additional roadway.
9. A change order in the amount of $8,576.65 provided for the removal of buried
streetlight bases, backf ill planter areas and other miscellaneous items.
Funds for the project were budgeted in the following accounts:
Description
Account No.
Amount
Gas Tax Balboa Boulevard
7181- C5100390
$416,610.00
General Fund Streets
7013- C5100020
138,789.40
CDBG Fund
7161- C5100390
100,000.00
Measure M Turnback
7281- C5100390
31,564.10
Total
$686,963.50
The scheduled completion date was November 19, 1999. Due to inclement weather and extra
work, time extensions were granted until December 17, 1999. All work was completed by that
date with the exception of punch -list items. One item on the list was the settlement of some
brick pavers at the intersection of Balboa Boulevard and Main Street. Staff elected to have the
contractor not do any remedial work until the settlement stopped. The remedial work now has
been completed.
Res tt I�ly Vitted,
vv
PUBLIC WORKS DEPARTMENT
Don Webb, Director
Lois Thompson
Administrative Coordinator
Attachment: Project Location Map
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LOCATION MAP
NOT TO SCALE
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BALBOA BOULEVARD
MAIN STREET TO G STREET
olw%t
APPROVED
till t,
DATE
0
N
x
C -3176
DRAWING NO. EXHIBIT A
,4
s ,
e PUBLIC NOTICE CITWLERK
AND
an" NOTICE INVITING BIDS
PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS
Sealed bids may be received at the office of the City Clerk, 3300 Newport
Boulevard, P.O. Box 1768, Newport Beach, CA 92658 -8915 until 11:00 A.M. on
the 6`" day of May 1999, at which time such bids will be opened and read for:
BALBOA BOULEVARD RECONSTRUCTION MAIN STREET TO G STREET
Title of Project
Contract No. 3176
$550,000.00
Engineer's Estimate Alternate A
$453,000.00
Engineer's Estimate Alternate B
$534,000.00
Engineer's Estimate Alternate C
Notice is hereby given that the City of Newport Beach will use Community Development Block Grant
(CDBG) funds from the U.S. Department of Housing and Urban Development (HUD) to fund this
project. It is HUD's requirement that employment and other economic opportunities generated by
CDBG funds shall, to the greatest extent feasible, be directed to low and very low income persons
located within a specified geographical area, particularly those who are recipients of government
assistance for housing, and to business concerns which provide economic opportunities to low and
very low income persons. The successful contractor as a condition of the contract shall be subject to
the Section 3 requirements to encourage, to the greatest extent feasible, training, employment, and
contracting opportunities to low- income persons, or which employ low- income and very low- income
persons located within a specified geographical area.
Section 3 Business Concern: A business entity formed in accordance with State law, to engage in
the type of business activity for which it was formed, and; 1) is 51 % or more owned by Section 3
residents or 2) whose permanent, full -time employees include persons, at least 30 percent of whom
are currently Section 3 residents, or within three years of the date of first employment with the
business concern were Section 3 residents; or 3) that provides evidence of a commitment to
subcontract in excess of 25% of the dollar award of all subcontracts to be awarded to business
concerns that meet the qualifications set forth in 1) and 2) above.
Section 3 Resident: 1) A public housing resident; or 2) An individual who resides in the
neighborhood or County in which the persons benefiting from the Section 3 covered project reside.
Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works
Department, 3300 Newport Boulevard, N pol Reach, CA 92663,
Approved by: on Webb, Public Works Director
For further information, please contact Stephen Luy, Project Manager, at 949 - 644 -3311.
FSUSe iPS /VShxr CoMrecu\991Bamoa 81w Main ko G Sk C3A6\C0BG &a Nouce.lm
PAGE 1
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BALBOA BOULEVARD RECONSTRUCTION MAIN STREET TO G STREET
CONTRACT NO. 3176
INSTRUCTIONS TO BIDDERS
The following documents shall be completed, executed and received by the City Clerk in
accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
BIDDER'S BOND
DESIGNATION OF SUBCONTRACTORS
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
NON - COLLUSION AFFIDAVIT
PROPOSAL
2. Cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be
received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid"
shall be clearly marked on the outside of the envelope containing the documents.
3. The City of Newport Beach will not permit a substitute format for the Contract Documents
listed above. Bidders are advised to review their content with bonding and legal agents prior
to submission of bid.
4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently
authorized by the Insurance Commissioner to transact business of insurance in the State of
California, and (2) listed as an acceptable surety in the latest revision of the Federal Register
Circular 570.
5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to
allow the comparison of total bid prices.
6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied
by unit price submitted by the bidder. In the event of discrepancy between wording and
figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of
estimated quantity by unit price, the correct multiplication will be computed and the bids will be
compared with correctly multiplied totals. The City shall not be held responsible for bidder
errors and omissions in the PROPOSAL.
7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor
irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the
request and expense of the Contractor, securities shall be permitted in substitution of money
withheld by the City to ensure performance under the contract.
PAGE 2
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
City Clerk. All parties to the contract shall be governed by all provisions of the California
Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive).
9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5
of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public
Contracts Code, "Subletting and Subcontracting Fair Practices Act".
10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the
bidder. For corporations, the signatures shall be of a corporate officer or an individual
authorized by the corporation. For partnerships, the signatures shall be of a general partner.
For sole ownership, the signature shall be of the owner.
COMMUNITY DEVELOPMENT BLOCK GRANT PROVISIONS
General The City of Newport Beach will receive Community Development Block Grant ( "CDBG")
funds from the United States Department of Housing and Urban Development ( "HUD ") pursuant
to Title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.), as
amended ( "ACT') and the regulations of 24 C.F.R. Section 570 et, seq. ( "federal funds "). CITY
has approved the provision of federal funds under ACT to be used to fund the construction of this
contract.
1. Records and Report s The Contractor shall keep records of all federal funds received
from the City of Newport Beach under the terms and conditions of this agreement and of all costs
and expenses related to the contract in accordance with the provisions contained in the Federal
Office of Management and Budget Circular A -110 with its subparts and appendix. The Contractor
shall retain said records and invoices for 3 years minimum after final payment has been received
and all other pending matters in connection with the work to be performed under this contract
have been closed. The Contractor's records shall include payroll records that accurately show the
name, address, social security number, work classification, straight time and overtime hours
worked each day and week, and the actual per diem wages paid to each employee, apprentice or
journeyman employed by it in connection with this project in accordance with the Davis Bacon Act
(40 USC section 176a, et seq.) by the Secretary of Labor and agrees to require each of its
subcontractors to do the same for each craft or type of worker needed to perform this contract.
The Contractor shall also agree that its payroll records and those of its subcontractors, if any,
shall be available at all reasonable times to the City of Newport Beach, the employee or his
representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship
Standards, and shall comply with all of the provisions of California Labor Code.
2. Federal Participation This contract is being financed by the United States of America.
Several contract provisions embodied herein are in accordance with the provisions applicable to
such federal assistance. Since federal funds are financing the work, the statutes, rules and
LI
PAGE 3
regulations promulgated by the Federal Government and applicable to the work will apply, and the
Contractor agrees to comply therewith.
3. Other Program Requirements The Contractor agrees to comply fully with all applicable
rules, regulations, guidelines, procedures and standards of the United States Department of
Housing and Urban Development, and to complete any and all reports and forms that may be
required in accordance therewith. The Contractor further agrees to fully comply with all applicable
federal, state and local laws and regulations, including, but not by way of limitation, Title I of the
Housing and Community Development Act of 1974 as amended and the regulations of 24 C.F.R.
Section 570 et seq., Title 22 of the California Administrative Code and Title 24 of the Code of
Federal Regulations, CDBG financial and contractual procedures and OMB Circular Nos. A -87, A-
122 and A -110, with Subparts A,B,C,D and Appendix A and Subpart K as set forth in 24 C.F.R.
570.600.
4. Non - Discrimination The Contractor, its affiliates, subsidiaries or holding companies shall
not discriminate against any subcontractor, subconsultant, employee or applicant for employment
because of race, color, religion, sex, national origin, age or handicap. Such nondiscrimination
shall include, but not be limited to, the following: employment, upgrading, demotion, transfers,
recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. The Contractor shall take
positive steps to hire local qualified minority individuals when job opportunities occur and utilize
local business firms when possible. The Contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices setting forth the provisions of this
non - discrimination clause. The Contractor shall, in all solicitations or advertisements for
employees placed by or on behalf of the Contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, national origin, age or
handicap. The Contractor shall not discriminate on the basis of age in violation of any provision of
the Age Discrimination Act of 1975, 42 USC Section 6101 et seq. or with respect to any otherwise
qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973, 29
USC Section 794.
5. Davis -Bacon Act The Contractor agrees to pay and require all subcontractors to pay all
employees on this contract a salary or wage at least equal to the prevailing rate of per diem wage
as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC section
176a, et seq.) for each craft or type of worker needed to perform this Agreement. The Contractor
agrees to comply with all applicable federal labor standards provisions; said provisions are
incorporated herein by this reference. The Contractor shall comply with all provisions of Executive
Order 11246, entitled "Equal Employment Opportunity," and amended by Executive Order 11375,
and as supplemented in Department of Labor regulations (41 CFR part 60).
6. Equal Employment Opportunity The Contractor is required to have an affirmative action
plan which declares that it does not discriminate on the basis of race, color, religion, creed,
national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section
503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination
because of handicap and required affirmative action to employ and advance in employment
qualified handicapped workers. Section 402 of the Vietnam Era Veterans Readjustment
Assistance Act of 1974 (38 USC Section 219 et seq.) prohibits job discrimination and requires
affirmative action to comply and advance in employment for (1) qualified Vietnam veteran during
the first four (4) years after their discharge and (2) qualified disabled veterans throughout their
working life if they have a thirty percent (30 %) or more disability. To ensure compliance with
0
PAGE
these requirements, the Contractor shall provide the City of Newport Beach its written affirmative
action plan prior to commencement of work. The Contractor is required to provide the City of
Newport Beach a listing of its subcontractors together with a completed affirmative action program
from each subcontractor, when applicable.
7. Section 3 Clause: The Training, Employment and Contracting Opportunities for Business
and Lower Income Persons Assurance of Compliance:
a. This contract is being financed under a program providing direct federal assistance
from the Department of Housing and Urban Development, and as such is subject to the
requirements of Section 3 of the Housing and Urban Development Act of 1968, as
amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible,
opportunities for training and employment be given lower income residents of the project
area, particularly persons who are recipients of HUD assistance for housing, and contracts
for work in connection with the project be awarded to business concerns which are located
in, or owned in substantial part by persons residing in the area of the contract work.
b. The Contractor shall comply with the provisions of said Section 3 and the regulations
issued pursuant thereto by the Secretary of Housing and Urban Development set forth in
24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder
prior to the execution of this contract. The Contractor shall certify and agree that he is
under no contractual or other disability which would prevent him from complying with these
requirements.
c. The Contractor agrees to send to each labor organization or representative of workers
with which he has a collective bargaining agreement or other contract or understanding, if
any, a notice advising said labor organization or worker's representative of his
commitments under this Section 3 clause, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment or training.
The notice shall describe the Section 3 preference, shall set forth minimum number of job
titles subject to hire, availability of apprenticeship and training positions, the qualifications
for each; and the name and location of the person(s) taking applications for each of the
positions; and the anticipated date the work shall begin.
d. The Contractor shall include these Section 3 clauses in every subcontract for this
contract and will, at the direction of the City of Newport Beach, take appropriate action
pursuant to the subcontract upon a finding that the subcontractor is in violation of
regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part
135. The Contractor shall not subcontract with any subcontractor where it has notice or
knowledge that the latter has been found in violation of regulations under 24 CFR Part
135, and shall not let any subcontract unless the subcontractor has first provided it with a
preliminary statement of ability to comply with the requirements of these regulations.
e. The Contractor shall certify that any vacant employment positions, including training
positions, that are filled: 1) After the Contractor is selected but before the contract is
executed, and 2) with persons other than those to whom the regulations of 24 CFR part
135 require employment opportunities to be directed, were not filled to circumvent the
Contractor's obligation under 24 CFR Part 135.
11
0
PAGE 5
f. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part
135, and all applicable rules and order of the Department of Housing and Urban
Development issued thereunder prior to the execution of the contract, shall be a condition
of the Federal financial assistance provided to the project, binding upon the applicant or
recipient for such assistance, its successors, and assigns. Failure to fulfill these
requirements shall subject the Contractor and subcontractors, their successors and
assigns to these sanctions specified by the grant or loan agreement or contract through
which Federal assistance is provided, and to such sanctions as are specified by 24 CFR
Part 135.
g. The Contractor and subcontractors subject to the requirements of Section 3 are
required to prepare a written affirmative action plan in accordance with the provisions of
Sections 135.65 and 135.70, 24 CFR Part 135.
8. Copeland "Anti- Kickback" Act: The Contractor and subcontractors shall comply with the
provisions of the Copeland "Anti- Kickback' Act (18 USC Section 874), as supplemented in
Department of Labor regulations, which Act provides that each shall be prohibited from including,
by any means, any person employed in the construction, completion, or repair of public work, to
give up any part of the compensation to which he is otherwise entitled.
9. Contract Work Hours and Safety Standards Act: The Contractor shall comply with the
provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act (40 USC
327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under
Section 103 of the Act, the Contractor shall be required to compute the wages of every mechanic
and laborer on the basis of a standard workday of eight (8) hours and standard work week of forty
(40) hours. Work in excess of the standard workday or work week is permissible provided that the
worker is compensated at a rate of not less than 1 %2 times the basic rate of pay for all hours
worked in excess of eight (8) hours in any calendar day or forty (40) hours in the work week.
Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic
shall be required to work in surroundings or under working conditions which are unsanitary,
hazardous, or dangerous to his health and safety as determined under construction, safety and
health standards promulgated by the Secretary of Labor. These requirements do not apply to the
purchase of supplies or materials or articles ordinarily available on the open market or contracts
for transportation.
10. Implementation of Clean Air Act and Federal Water Pollution Control Act:
a. The Contractor stipulates that all facilities to be utilized in the performance of this
Agreement were not listed, on the date of contract award, on the United States
Environmental Protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR
15.20.
b. The Contractor agrees to comply with all of the requirements of Section 114 of the
Clean Air Act and section 308 of the Federal Water Pollution Control Act and all
regulations and guidelines listed thereunder.
C. The Contractor shall promptly notify the City of Newport Beach of the receipt of any
communication from the Director, Office of Federal Activities, EPA, indicating that a facility
to be utilized pursuant to this Agreement is under consideration to be listed on the DPA
List of Violating Facilities.
d. The Contractor agree s
paragraph (a) through (d) of
agrees to take such action as
requirements.
0
IMITCMI
to include or cause to be included the requirements of
this section in every nonexempt subcontract, and further
the Government may direct as a means of enforcing such
11. Drug Free Workplace: The Contractor shall comply with the Drug -Free Workplace Act,
and shall make a good faith effort to continue to maintain a drug -free workplace, including
establishing a drug -free awareness program to inform employees about the dangers of drug
abuse and the grantee's policy and penalties for drug abuse violations occurring in the workplace.
12. Lobbying:
1. No Federal appropriated funds shall be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any agency,
a member of Congress, an officer or employee of Congress, or an employee of a member
of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, and officer or employee of Congress or an employee of a
member of Congress in connection with this Federal contract, grant, loan or cooperative
agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure
Form to Report Lobbying;' in accordance with its instructions.
3. The Contractor shall require that the language of this certification be included in
the documents for all subcontracts at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
13. Energy Conservation: Agreements with federal participation shall recognize mandatory
standards and policies relating to energy efficiency which are contained in the State energy
conservation plan issued in compliance with the Energy Policy and Conservation Act (42 USC
Section 6201, et seq).
14. California Fair Employment and Housing Act: The Contractor agrees to comply with all
requirements and utilize fair employment practices in accordance with the California Government
Code sections 12900 et seq.
15. California Prevailing Wage Law: The City of Newport Beach has ascertained from the
Director of Industrial Relations of the State of California the general prevailing rate of per diem
wages and the general prevailing rate for legal holiday and overtime work in the locality in which
the work is to be performed for each craft of type of work needed to execute this Agreement, and
the same has been set forth by resolution on file the office of the City Clerk. The Contractor and
any subcontractor under it shall pay not less than said prevailing wage rates to all workers
employed on this Public Works Agreement, as required by California Labor Code Sections 1771
PAGE 7
and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, the
Contractor agrees to secure payment of compensation to every employee.
16. California Prevailing Wage Law - Penalty: In accordance with Section 1774 and 1775 of
the California Labor Code, the Contractor shall forfeit to the City of Newport Beach a penalty of
twenty -five dollars ($25) for each calendar day or portion thereof for each worker paid (either by
the Contractor or any of its subcontractors) less than the prevailing wage rate established for that
particular craft or type of work.
17. California Eight -Hour Law: California Labor Code, Section 1810 et seq, shall apply to the
performance of this Agreement; therefore, not more than eight (8) hours shall constitute one day's
work, and the Contractor and each subcontractor employed for this project shall not require more
than eight (8) hours of labor per day or forty (4) hours per week from any one person employed by
it hereunder, except as stipulated in California Labor Code Section 1815. The Contractor and
each subcontractor employed by it hereunder shall, in accordance with California Labor Code
section 1812, keep an accurate records, open to inspection at all reasonable hours, showing the
name and actual hours worked each calendar day and each calendar week by each worker
employed in connection with this project.
18. California Eight Hour Law Penalty: Pursuant to this Agreement and in accordance with
California Labor Code Section 1813, the Contractor shall forfeit to the City fo Newport Beach a
penalty of twenty -five dollars ($25) for each worker employed hereunder by the Contractor or any
subcontractor for each calendar day during which such worker is required or permitted to work
more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar
week in violation of California Labor Code Section 1815.
19. Payment of Travel and Subsistence Allowance: Section 1773.8 of the California Labor
Code, regarding the employment of apprentices, is applicable to this contract.
20. Employment of Apprentices: Section 1777.5 of the California Labor Code, regarding the
employment of apprentices, is applicable to this contract.
The signature below represents that the above has been reviewed.
591176 A,C10,HAZ
Contractor's License No. & Classification
Los Angeles Engineering, Inc.
Bidder k�\ - Prp.�ident
Authorizeq Si natu /Title
Angus 0 Br en
May 6, 1999
Date
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STATEMENT Of COMPLIANCE PAGE 9
A
Date
1, do hereby state:
(Nrer e/ •ltn•Ieq Pony) (llrlp
( 1) That I pay or supervise the payment of the persons employed by _
on
(Cemaoe• e, w)<onu.clerl
the_ _ that during the payroll period commcncint on the. day of
(Buildtns or wet`)
19 ^_ and ending the_ dry of , 19 all persons employed on said project have born paid the
full weekly wages earned, that no rebates have been or will be made either directly o: indirectly to or on beha:f of said
• from the full weckiy wages earned by any person and that no deductions have
(Comnnar er wbenMn<toq
been made either directly or indirectly from the full' wages earned by any Person, other thin permusibie deductions, as
described betosr:
(2) That any payrolls other vise under this contract required to be submitted (or the above period am correct and complete;
that the wage tales for laborers or mechanics contained therein are not Leas than Lle applicable we" rates contained in any
wage determination Incorporated into the contract; that the classifications act forth therein for each laborer or mechanic
conform with the work he performed
(3) That any apprentices employed in the above period are duly reprricred in a bona fide apprenticeship Program registered
with a State apprenticeship agency.
(41 ,Trot:
(a) wl1ERE FRINGE BENEFITS ARE PAID TO APPROVED PLANS, FUNDS, OR PROGRAMS
In addition !n the basic hourly were rales paid to each laborer or mechanic listed in the above referenced payroll,
payments of [tinge boneflla as Noted in the contract have been or will to made to .ppropm.1, pmgiam. for the
benefit of such employees, except as noted in Section 4(c) below.
tb) %liERF FRINGE BENEFITS ARE PAID IN CASH
Each Lsbomr or mechanic listed in the shove referenced payroll has been paid as IaOesled on the payroll, an
amount not less than the sum of the applicable, basic hourly w.ge rate plus L1e amount of the required fringe
benefits as listed in Lle contract. except as noted In Section 4(c) below:
(c) EXCEPTIONS If
EXCEPTION CRAFT EXPLANATION
Mrrrtka:
a
1.4.1 'NO 1ITLe I SIPIaTUae
On federafly- funded projects, permissible deductions are defined In Re GUlsliuna, Pan 3 (29 CFR Subtitle A), issued by the
Secretary of Labor under the ropeland Act, as ametnded'14R Slat. 945 43 :tat. IM. 72 Star. 967; 76 Slat. 357; AO U.S.C. 2760 -
Also, the willful falsification of any of the above slrtemerts may subjert the contrsclor or wbeonlrsctor to civil or criminal
pmaeeution (see Section 1011 of Title 15 and Section 231 of Title 31 of the United States Code).
Ir3now 1411Uo` Ciue T tW
PACE 10
HUD SECTION 3 VERIFICATION FORM
EMPLOYEE INCOME AND RESIDENCY
L , understand that my employment is subject to "Section 3 "•
income and residency requirements as defined by the Department of housing and Urban
Development in order to provide economic opportunities for low and very low income persons
(families) in connection with federally assisted projects. In order to determine my eligibility, I
have submitted a copy of at least one of the following verifications of residency and at least one of
the following verifications of income to my employer
(may N-)
RESIDENCY:
0 Verification of Public Housing resident or Orange County Section 8 rental
assistance (income verification not required for either of these verifications)
n Verification of Orange County residency (i.e. driver's license, utility bill, rent
receipt, other
FAI`ELY INCOME:
❑ Most recent income tax form
❑ Copy of AFDC eligibility
❑ Copy of most recent W -2 form(s)
❑ Other:
I certify under penalty of perjury that the information I have provided is true and correct and that
I have reported any and all income of my family and receive no additional income and that the
place of my residency is true and correct.
DATE
EMPLOYER VERIFICATION
I have received copy(s) of the above form(s) and understand that these forms shall be maintained
in our files for period not less than 3 years from final completion of the project. A copy of this
signed form shall be sent to the City of Newport Beach, Public Works Department, along with the
"Economic Opportunities for Low and Very Low Income Persons in Connection with Assisted
Projects" form as required in accordance .vith the contract.
PAGE 11
` Supplemental Information
Section 3 provisions ensure that employment and other economic opportunities generated by
certain HUD financial assistance shall, to the greatest extent feasible, be directed to low and very
low income persons (families), particularly those who arc recipients of government assistance for
housing, and to business concerns which provide economic opportunities to low and very low
income persons (families). These include:
Section 3 Business Concern: A business entity formed in accordance with State law, to
engage in the type of business activity for which it was formed, and; 1) is 51% or more owned by
Section 3 residents or 2) whose permanent, full -time employees include persons, at least 30
percent of whom are currently section 3 residents, or within three years of the date of first
employment with the business concern were section 3 residents; or 3) that provides evidence of a
commitment to subcontract in excess of 25% of the dollar award of all subcontracts to be
awarded to business concerns that meet the qualifications set forth in 1) and 2) above.
Section 3 Resident: 1) A public housing resident; or 2) An individual who resides in the
neighborhood or County in which the persons benefitting from the Section 3 covered project
reside.
A copy of the most current HUD Income Limits Table by family size, can be obtained from the
Public Works Department. These income limits are subject to change.
xoaloaI.
,. INCOME LIMITS FEBRUARY, 1999
PAGE 12
NUMBER
OF PEF
COUNTY
STANDARD
1
2
3
4
NAPA
Very low income
18300
20900
23550
26150
Area median:
Lower income
29300
33450
37650
41850
$52,300
Median income
36600
41850
47050
52300
Moderate income
43950
50200
56500
62750
NEVADA
Very low income
16300
18650
20950
23300
Area median:
Lower income
26100
29800
33550
37300
$46,600
Median income
32600
37300
41950
46600
Moderate income
39150
44700
50300
55900
ORANGE
Very low income
23900
27300
30750
34150
Area median:
Lower income
33450
38250
43000
47800
$68,300
Median income
47800
54650
61450
68300
Moderate income
57350
65550
73750
81950
PLACER
Very low income
18150
20750
23350
25950
Area median:
Lower income
29050
33200
37350
41500
$51,900
Median income
36350
41500
46700
51900
Moderate income
43600
49850
56050
62300
PLUMAS
Very low income
13350
15300
17200
19100
Area median:
Lower income
21400
24450
27500
30550
- $38,200
Median income
26750
30550
34400
38200
Moderate income
32100
36700
41250
45850
RIVERSIDE
Very low income
16500
18900
21250
23600
Area median:
Lower income
26450
30200
34000
37750
$47,200
Median income
33050
37750
42500
47200
Moderate income
39650
45300
51000
56650
SACRAMENTO
Very low income
18150
20750
23350
25950
Area median:
Lower income
29050
33200
37350
41500
$51,900
Median income
36350
41500
46700
51900
•
Moderate income
43600
49850
56050
62300
SAN BENITO
Very low income
17700
20200
22750
25250
Area median:
Lower income
28300
32300
36350
40400
$50,500
Median income
35350
40400
45450
50500
Moderate income
42400
48500
54550
60600
SAN BERNARDINO
Very low income
16500
18900
21250
23600
Area median:
Lower income
26450
30200
34000
37750
$47,200
Median income
33050
37750
42500
47200
Moderate income
39650
45300
51000
56650
Page 4
PAGE 13
'KJ 1I 10N OF HOUSING POLICY VELOPMENT V • 2 W
180 Third Streel, Room 430
P.O. Box 952053
Sacramento, CA 94252 -2053
(916) 323-3176 FAX (916) 327.2643
I1I'D 99 -02
February 1999
MEMORANDUM FOR: Interested Parties
ex 'CWVJwl
FROM: Cathy Vreswell, Acting Deputy Director
Division of Housing Policy Development
SUBJECT:
1999 Income Limits
Attached for your information is a copy of updated incomc limits for California counties. These
include income limits for very low -, lower -, median -, and moderate- income categories of
varying household sizes. These income limits replace the limits which were in effect during 1998.
California I lealth and Safety Code Sections 50079.5 and 50105 provide that the low- and very
low- income limits established by the U.S. Department of Ilousing and Urban Development (MUD) are
the State limits for those income categories. Sections 50079.5 and 50105 direct the Department of'
I lousing and Community Development (1ICD) to publish the income limits. I IUD released new
FY 1999 income limits on January 27, 1999,
Accordingly, FICD has tiled with the Office of Administrative Law amendments to Section
6932 of Title 25 of the California Code of Regulations. The filing contains the new I IUD income
limits and also includes new median income groups and moderate- income group limits, prepared by
I ICD pursuant to Health and Safety Code Section 50093. Please note that the use of these income
limits is subject to individual program guidelines covering definitions of income and other factors such
as effective dates. For example, this year there is a new provision of the Community
Development Block Grant (CDBG) and NOME programs, whereby jurisdictions within
Orange, Marin, San Francisco, Santa Clara, and San Mateo counties are authorized, under
specified conditions, to use lower - income limits not capped by time national median family
income.
The income limits are posted on FICD's World Wide Web site ac littp:Hiiousing.hcd.ca.gov
This annual update of the income limits, and subsequent annual updates, are being distributed
electronically, via the Website, instead of by mail. If you have any questions concerning the income
limits or their accessibility, please contact FICD staff at (916) 324 -8652, or by e -mail at:
cahousc a hcd.ca.gov
Attachment
PAGE 14
., Economic Opportunities r Low- U.S. Department of Housing OMB Approval No . 2529 -0043 exp. 4t30197
and Urban Development
and Very Low - Income Persons Office of Fair Housing
in Connection with Assisted Projects and Equal Opportunity
HUD Act of 1968. Section 3
Public Reporting Burden for this collection of information is estimated to average 2 hours per response, including the time for reviewing instructions, sea,chino E xpstr.-
data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden ar,;;,mat.
or any other aspect of this collection of Information, including suggestions lot reducing this burden, to the Reports Management Officer, Office of Information P ici,,
and Systems, U.S. Department of Hcustng and Ur ban De• :elop ^m(!n;, Washington, D.C, 20410 3503 and to the Office of 6Mnr,gement bad Budget, PaPa,wor6 H::.y„cr
Project (25290043), Washington. D.C. 20503. Do nct send this completed form to either of these addressees.
1. nec,oen1 Name d Address) (Street. City. State, Z,pl 2. Fede4 Identification- (ContragVA %vMd No.1 3. 0011a, Amoant of Av:ard
Los Angeles Engineering, Inc. 3176
4134 Temple City Blvd. 4. Contact Person: 5. Phone(mclude Ar acme',
Rosemead, CA 91770 Tim Crosby 626 454 -5222 —
e Program Code I J (use a separate sheet lot each Pmgrant code) '%/;'4';%
Part 1, Emnlovment and Trainina (- Include New Hires in Columns C and D.I
A
B
C I
D
E
Tolal New Hires
% of Aggregrate
%of total staff hours I
Number of Section 3
Racial.rEthnic Code(s)
by Job Category
New Hires Nat are
for Section 3 Employees
Employees and
For Columns D and E. show Numbers
Section 3 Residents
and Trainees' f
Trainees'
1 1 2 1 3 1 4 1 5
1
Polesslonafs % /, / %,r,��/
i/'
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am /i /
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Gonslruction by Trade (Lest)
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t
>
Racial /Ethnic Codes:
1 - White American
2 - Black American
3 - Native American
4 - Hispanic American
5 - AsianPacific American
6 - Hasidic Jews (For Part II only)
Program Codes:
1 - Flexible Subsidy
2 - Section 2021811
3 . Public'Indian Housing Development,
Operation and Modernization
- - Homeless Assistance
5 = HOME
Page 1 of 2
6 - HOME-Stalt Admin,ste,ed
7 - CDBG-Enbwnem
8 - CDBG-Stare Adminis:'red
9 = Other CD Froaams
to - Other Housing Programs
form HUD -60002 (694)
ref 24 CFR 135
rm H!)D- 60002,
Economic Opportunities for Low- and Very Low - Income Persons
I' aing and Urban Development Act of 1968, Section 3
ldStructicros: This farm istobe used toreportannualaccomplishmen is
regarding employment, training and contracting opportunities provided
to low -and very low- income persons under Section 3 of the Housing wid
Urban Development Act of 1968. The Section 3 regulations apply to
anv public and Indian Housing programs that receive: (1) develop -
memassistmce pursuant to Section 5 of die U.S. Housing Act of 1937:
(2) operatmg assistance pursuant to Section 9 of die U.S. Housing Act
of 1937: or (3) modemization grunts pursuant to Section 14 of the U.S:
Housing Act of 1937 and to recipients of /rousing and community
development assistance in excess of $200,000 expended for: (1)
housing rehabilitation (including reduction and abatement of lead -
based punt hazards): (2) housing construction: or (3) other public
construction projects: and to contracts and subcontracts in excess of
5100,000 awarded in connection with the Sec6on -3- covered activity
exceeds 5100,000.
Fomi HUD -60002 has huge pans which are lobe completed for all
programs covered by Section 3. Part I relates to employment and
training. Pan 11 of the form relates to contracting, and Pan III
summarizes recipients' efforts to comply with Section 3.
Recipients or contractors subject to Section 3 requirements must
maintain appropriate documentation to establish that HUD financial
:cssisrance for housing and community development programs were
directed toward low- and very low- income persons." A recipient of
Section 3 covered assistance shall submit two copi es of dos report Indic
total HUD Field Office. Where the program providing assistance
requires an annual performance report, this Section 3 report is to be
sahbmiucd with die progrun performance report Where an annual
-fonnance report is not required, this Section 3 report is to he
,mitred by January 10 and, if the project ends before December 31.
within 10 days of project completion. Only Prirne Recipients are
required to report to HUD. Tire report must include accomplishments
of all recipients and their Section 3 covered contractors and subcon-
tractors.
1. Recipient: Enter the narne and address of the recipient submihling
this report.
2. Federal Identification: Enter the number that appears on the award
form (with dashes). The award may be a grant, cooperative
agreement or contract/
3. Dollar Amount of Award: Enter the delta: amount. rounded to the
nearest dollar. received by the recipient.
4&5. Contact Person /Phone: Enter the name and telephone number
Of the person with lmowledee of die award and the recipients
unplementation of Section 3.
6. Reporting Period: Indicate the time period (months and yc:u) this
report covers.
7. Date Report Submitted: Enter the appropriate date.
8. Program Code: Enter the appropriate program code as listed at the
bottom of the page.
Part 1: Employment and Training Opportunities
Block A: Contains variousjob categories. Professionals are defined as
people who have special krhowled ge of an occupation (Le., supervisors.
architects, surveyors, planners, and computer programmers). For
construction positions list each trade and provide data in columns B
''106gh F for each trade where persons were employed. The category
i "Other' includes occupations such as service workers.
Block B: Enterdhepercenu iee of all the new hires (Section 3 residents)
in connection with this award. New Hires include full -time positions
(permanent, temporary and seasonal).
PAGE 15
B lock C: Enter die percentage of the total staff hours worked for Section
3 employees and trainees (including new hires) connected widh tti,
award. Include staff !roars for pea -time ahnt full -tine position~.
Block D: Enter the number of Section 3 residents dhmi were hired wad
(rained in connection widh ttis tovard.
Block L=: Enter under each raciaUedinic code (1 -5) Lire number of
employees and trainees recorded in columns D and E.
Part It: Contract Opportunities
Block l: Construction Contracts
Item A: Enter lire total dollar arnount of all contacts aw;ardcd on tine
project/program.
Item B: Enter the total dollar : mhountofcommclscomwcicdwiththis
projecVprocrun that were awarded to Section 3 businesses.
Item C: Enter tic percentage of the total dollar amount of contracts
connected with this project/progrun awarded to Section 3 businesses.
Item D: Enter Vie number of Section 3 businesses receiving awards.
Indicate the appropriate racial/et roc code(s).
Item E: Enter under each raciaUedmic code (1 -6) the number of
employees and trainees recorded in Itern D.
Block 2'. Non - ConswcLion Contracts
Item A: Enter the total dollar amount of all contacts awarded on die
projecUprogram.
Itcm B: Enter die total dollar amount O(contracis connected with this
project awarded to Section 3 businesses.
Item C: Enter the percentage of the total doll:u ;niount of contracts
connected with this project/prorun awarded to Section 3 businesses.
Item D: Enter die number of Section 3 businesses receiving_ awards.
Indicate die appropriate raciaUethnic code(s).
Item E: Enter under each racial/ethnic code (1 -6) die number of
employees and trainees recorded in Item D.
Part III: Summary of Efforts - Sell - explanatory
Submit two (2) copies of this report to your local HUD Field Office
within ten (10) days after the end of the reporting period you
specified in item 8. Include only contracts executed during this
reporting period. PHAs /IHAs are to report all conlractstsubcon-
tracts.
The terms "low- income persons" and "very low- income persons° have the
same meanings given the terms in section 3(b)(2) of the United States
Housing Act of 1937. Los,- income persons mean families (including
single persons) whose incomes do not exceed 80 per centum of the median
income for the area, as determined by the Secretary. with adjustments for
smaller and larger familics,eacept that the Secretary may establish income
ceilings higher or lower than 80 per centum of the median for the area on
the basis of the Secretary's findings such that variations arc necessary
bccauseofprevailing levels of construct ion cosu or u nusu ally high - or low -
income families. Very low- income persons mean low-income families
(including single persons) whose incomes do not exceed SU per
centum ol'the median family income for the area. as tiehemained by
die Secretarywith adjustments forsmallerand lareerfainilies,except
that the Secretary may establish income ceilings Iugher or lower than
50 percentum of the coed ian for doe area on the basi s of the Secretary's
findings that such variations are necessary because of unusually high
or low family incomes.
form HUO -60002 ( &94)
rel 24 CFR 135
I
VAGE it)
Part II: Ccntracts Awarded
1. Construction Contracts:
A. Total dollar amount of all contracts awarded on the project $
6. Total dollar amount of contracts awarded to Section 3 businesses S
C. Percentage of the total dollar amount that was awarded to Section 3 businesses _
D. Total number of Section 3 businesses receiving contracts _
E. Enter the number of (Section 3�busines(ses receiving contracts by Racia; Elhin�ic code(s)l(see page t for codes)
1 � 2 3 L� 4 ' L�J 6
2. Non - Construction Contracts:
A, Total dollar amount of all non - construction contracts awarded on the pro;ecVactivity S
B. Total dollar amount of non - construction contracts awarded to Section 3 businesses $
C. Percentage of the total dollar amount that was awarded to Section 3 businesses
D. Total number of Section.3 businesses receiving non - construction ccntracts
E. Enter the number of Section 3 businesses receiving non- construch: contracts by Racial.'Elhnic code(s)(see page I for codes)
1 2 3 0 4
Part III: Summary
Indicate the efforts made to direct the employment and other economic opportunities generated by HUD financial wsistana for housing
and community development programs, to the greatest extent feasible, toward low- and very low- income persons, particu!arly those who
are recipients of government :assistance for housine. (Check all that apply.)
Attempted to recruit low- income residents through: local advenisine media. siens prominently displaced it die prulr! sire,
contacts with commtmityorganizationsand public orpri vat, agencies operalins wiQun the meuopoliurtarea fornonmeu,,r j!iim
county) in which the Section 3 covered program or project is located, or similar methods.
Participated in a HUD program or other program which promotes the training or employment of Section 3 residenac.
Participated in a HUD program or other program which promotes the award of contracts to business concems which meet the
de(utition of Section 3 business concerns.
Coordinated with Youthbuild Programs administered in the metropobtan area in which the Section 3 covered project is located.
Other: describe below.
Page 2 of 2 loan HUD -60002 (6r94)
ref 24 CFR 13S
'U.9.00wmr4 PMMnp Omer: 19*— x7.7Nr 0051
0 0
PAGE 17
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BALBOA BOULEVARD RECONSTRUCTION MAIN STREET TO G STREET
CONTRACT NO. 3176
BIDDER'S BOND
We, the undersigned Principal and Surety, our successors and assigns, executors, heirs
and administrators, agree to be jointly and severally held and firmly bound to the City of
Newport Beach, a charter city, in the principal sum of Ten Percent of the Amount of
the Bid - -- Dollars (S 109 1, to be paid and forfeited to the City
of Newport Beach if the bid proposal of the undersigned Principal for the construction of
BALBOA BOULEVARD RECONSTRUCTION MAIN STREET TO G STREET, Contract No. 3176
in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and
the proposed contract is awarded to the Principal, and the Principal fails to duly enter into and
execute the Contract Documents for the construction of the project in the form required within
ten days (10) (not including Saturday, Sunday, and federal holidays) after the date of the
mailing of Notice of Award: otherwise this obligation shall become null and void.
If the undersigned Principal executing this Bond is executing this Bond as an individual,
it is agreed that the death of any such Principal shall not exonerate the Surety from its
obligations under this Bond.
Witness our hands this 6th day of May 19 99 .
Los Angeles Engineering Inc. By:
Name of Contractor (Principal) Authorized Si r i
A gus O'Brien, President
General Accident Insurance
Company of America By; la
Name of Surety Authorized Ade t Signature
1340 Treat Boulevard, Suite 400
Walnut Creek, CA 94596
Address of Surety
(925) 942 -6142
Telephone
Candy M. Coons, Attorney -in -Fact
Print Name and Title
(Notary acknowledgment of Principal & Surety must b* attached)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
I SS.
On May 6, 1999 before me, Mark E. Shreckengast, Notary Public
Date Name and Title of Officer (e.g., 'Jane Doe. Notary Public ")
personally appeared Candy M. Coons
Noma(S) of Signers)
%ARK E. SHRECKENGASl G COMM. #1106666 H NOTARY PUBLIC- CALIFORNIA S
2 S LOS ANGELES COUNTY 2
My Comm. Expires July 24, 2000 o
eueees weeeeee a ee eee eoe ee a ewee uee
Place Notary Seal Above
Ex personally known to me
proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(* is /ace
subscribed to the within instrument and
acknowledged to me thatIve /she /gyp executed
the same in A)is/herRt x authorized
capacity) a*, and that by his /her /t+beit
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(z)
acted, executed the instrument.
WITNESS my
OPTIONAL `v'
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
Individual Too of thump here
Corporate Officer — Title(s):
Partner Limited D General
?t Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
C 1997 National Notary Association • 9350 Do Soto Ave., P.O. BOX 2402 • ChatswonM1, CA 91313.2x02 Plod. No. 5907 Reorder. Call Toll-Free 1.800.876.682-1
e
rower of
Attorney
General Accident
GA021.0591
436 Walnut Street, Philadelphia, PA 19106
KNOW ALL MEN BY THESE PRESENTS, that the GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA, a Pennsylvania corporation having its
principal office in Philadelphia, Pennsylvania does hereby make, constitute and appoint: Mark E. Shreckengast, Amy Pratt, Candy M. Coons, Joseph E.
Cochran, all of the City of Los Angeles, State of California ----- --- --- ----- ----------- — --- — ------ — ------------- ----- -------------r•— -------------- --- ---------------- -••-- --------
each individually if there be more than one named, its true and lawful Attorney -in -Fact, to make, execute, seal and deliver as surety fopand on its behalf,.and
as its act and deed any and all bonds and undertakings of suretyship, and to bind the GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA hereby
as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the
GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA and sealed and attested by one other of such officers, and hereby ratifies and confirms. all
that its said Attorney(s) -in -Fact may do in pursuance hereof; provided that no bond or undertaking of suretyship executed under this authority shall exceed in
the amount the sum of: TWENTY FIVE MILLION DOLLARS------------------------------------------------------------------- ------ ------- -- ---------------- -
------------- — ------------------------------------ _ ---------------- - -------------------- (25,000,000.00)
This power of attorney is granted under and.byauthority of Subsection 5.1 (b) of Article V of the by -laws of GENERAL ACCIDENT INSURANCE COMPANY
OF AMERICA which became effective February 20, 1,992 and which provisions are in full force and effect, reading as follows:
5.1 1 t1b) The Board of Directors or President, Vice President, w other officer designated by them or either of them shall have power to appoint Attorneys -in -Fact and to authorize
"them to execute on behalf of the Company bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and to attach the
seal oMe Company thereto; and shall also have the power to remove any such Attorney -in -Fad at any time and revoke the power and authority given to him. Any instrument
executed by any such Attomey -in -Fact shall:be as binding upon the Company as if signed by an Executive Officer, and sealed and attested by the Secretary."
This power of attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the board of directors of GENERAL
ACCIDENT INSURANCE COMPANY OF AMERICA, at a meeting held on the 20th day of February, 1992, at which a quorum was present, and said resolution
has not been amended or repealed: ..
"Resolved, that in granting powers of attorney pursuant to subsection 5.1(b) of the by -laws of the Company the signature of such directors and officers and the seal of the
Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile
signatures or facsimile seal shall be valid and binding upon the Company In the future with respect to any bond or undertaking to which it is attached."
IN WITNESS WHEREOF, GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA has caused these presents to be signed by Dennis S.: Feder, its
Vice President, and its corporate seal to be hereto affixed, this 26th day of March
t9 99 GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA
Commonwealth of Pennsylvania
Philadelphia County
Dennis S.
On this 26th day of March � ,19 99 , personally appeared Dennis S. Perler to me known to be the Vice President of
GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA, and acknowledged that he executed and attested the foregoing instrument and affixed the
seal of said corporation thereto and that the seal affixed to said instrument is the corporate seal of said Company, that said corporate seal and his signature
were duly affixed pursuant to the by -laws and a resolution of the board of directors of said Company. - ...
NOTARIAL SEAL
LINDA MILLER, Notary Public
OF =;.ts : Oily of PhIladelpNmi, Phila. County
r ; My Commhelon Expireiii t. 3, 2001
Notary Public in and for the Commonwealth of Pennsylvania
r T,,l RY. �0�.�,.•
I, James E Carr'dGssistant Secretary of the GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA, do hereby certify that the above and foregoing
is a true and :correot copy of a power of attorney executed by GENERAL ACCIDENT INSURANCE COMPANY OF AMERICA, which is still in full force and
effect, and that Article V, Subsection 5.1 (b) of the by -laws of the Company and the resolution set forth above are still in full force and effect.
IN WITNESS WHEREOF, I�have hereunto set my hand and affixed the seal of said Company this 6th day of
May 1999. ��
tf:6 .wJ Lr
r l � James E. Carroll, Assistant
This Power of Attorney may not be used to execute any bond with an inception date after . March 26,200 1 3
SB -0027 3.92
For verification of the authenticity of this Power of Attorney you may call, 1 -800- 288 -2360 and ask for the Power or Attorney supervisor. Please refer to the Power of
Attorney number, the above named individual(s) and details of the bond to which the power is attached. In Pennsylvania, Dial 21_S- 625 -3081.
SB -0027 3.92
0 0
PAGE 18
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BALBOA BOULEVARD RECONSTRUCTION MAIN STREET TO G STREET
CONTRACT NO. 3176
DESIGNATION OF SUBCONTRACTOR(S)
State law requires the listing of all subcontractors who will perform work in an amount in
excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the
Contractor represents that he /she is fully qualified to and will be responsible for performing that
portion of the work. Substitution of subcontractors shall be made only in accordance with State
law and /or the Standard Specifications for Public Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted
for any monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the following
subcontractors have been used in formulating the bid for the project and that these subcontractors
will be used subject to the approval of the Engineer and in accordance with State law. No
changes may be made in these subcontractors except with prior approval of the City of Newport
Beach.
1.
Subcontract Work
PJ4uCcs
Subcontractor
&/ S /00ra
Address
/"? /5s,0 (f 10 GA
2.
S�r �`h
PL
6n 5 pee ,_t cro .
3.
— IL°GTr rc4
/`?obC� r✓ /CC rrc
ok - qr-, l Cif,
4.
5.
6.
7.
8.
9.
10.
Los Angeles Engineering, Inc.
Bidder
President
Authorize turoitle
Angus O'Brien
PAGE 19
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BALBOA BOULEVARD RECONSTRUCTION MAIN STREET TO G STREET
CONTRACT NO. 3176
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
The undersigned submits herewith a statement of the work of similar character to that
proposed herein which he /she has performed and successfully completed.
Year
Completed
10/98
Project
Name /Agency
City of Dana Point
Person
To Contact
Dennis Jue
Telephone
Number
(714) 248 -3506
Dana Point Harbor Dr.
Dana Point, CA
9/98
City of Yorba Linda
Gideon Felisan
(714) 961 -7100
Civic Center and Yorba
Linda Middle School
5/98
City of Maywood
Sid Dallas
(818) 997 -2161
Atlantic Blvd. & West City
2/98
1i its.
County of Orange
Greg Cunningham
(714) 567 -7796
Avenida De La Carlotta
Laguna Niguel, CA
12/97
City R. Palos Verdes
-f111PL0Ve111U11t6
David McBride
(310) 377 -0360
Roadway
Rancho Palos Verdes Dr.
South.
Los Angeles Engineering, Inc. Presid
Bidder Authorize a Lzeffitle Angus 0
■I
PAGE 20
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BALBOA BOULEVARD RECONSTRUCTION MAIN STREET TO G STREET
CONTRACT NO. 3176
NON - COLLUSION AFFIDAVIT
State of California )
) ss.
County of Los Angeles
Angus O'Brien being first duly sworn, deposes and says that he or she is
President of Los Angeles Engineering, Inc,-the party making the
foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person;
partnership, company, association, organization, or corporation; that the bid is genuine and not
collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of,
or on behalf of, any undisclosed person, partnership, company, association, organization, or
corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or
indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or
indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham
bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or
indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of
the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of
that of any other bidder, or to secure any advantage against the public body awarding the contract
of anyone interested in the proposed contract; that all statements contained in the bid are true;
and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any
breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or
paid, and will not pay, any fee to any corporation, partnership, company association, organization,
bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury of the laws of the State of California that the foregoing is true
and correct.
Los Angeles Engineering, Inc
Bidder
President
Authoriz d gn re/TitleAngus O'Brien
Subscribed and sworn to before me this 6th day of May
[SEAL)
19 99
Notary Public
My Commission Expires:
0 0
PAGE 20
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BALBOA BOULEVARD RECONSTRUCTION MAIN STREET TO G STREET
CONTRACT NO. 3176
NON-COLLUSION AFFIDAVIT
State of California
) ss.
County of Los Angeles
State of California
County of Los Angeles
May 6, 1999
In —before me, B—o-on.. i e, Lane_.
(DATE) (NAME. TITLE OF OFFICER I E. JANE DOE. NOTARY PUBLIC
personally appeared Angus O'Brien
(NAME(S) OF SIGNERS))
. ... .......
— — ' _
RIGHT THUMBPRINT (OPTI0144)
CAPACITY CLAIMED BY SIGNER(S)
1 INDIVIDUAL(S)
X)( CORPORATE .Pre id
-ent., &
OFFICER(S) Secretary
ary
7 PARTNER(S) JITLE(s)
XY personally known to me OR - ❑ proved to me on the basis of satisfactory evidence ATTORNEY IN FACT
to be the person($) whose name(s) is/are sub- TRUSTEE(S)
scribed to the within instrument and acknowledged r 1 GUARDIAN /CONSERVATOR
to me that he/she/they executed the same in Cl OTHER:
k his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the SIGNER IS REPRESENTING:
person(s) acted, executed the instrument. ,NAME OF PERSONJSI OR ENTITY(iESi)
W tness my hand and official seal, Los. Angeles Eng.ineering, Inc.
(SEAL) (SIGNATURE OFN07ARYi I
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
Will f.mTS mRm s374n—Al I PIIRPDqF ACKNOW1 mrMFNT WITH SIFNVP CAPACITV'RAPPFRCMATJPiJ PRI P'P1111` - I., l'i'l I .'. ^ . 11 11-1 ... I
Notary Public
My Commission Expires:
PAGE 21
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
BALBOA BOULEVARD RECONSTRUCTION MAIN STREET TO G STREET
CONTRACT NO. 3176
NOTICE TO SUCCESSFUL BIDDER
The following Contract Documents shall be executed and delivered to the Engineer within
ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of receipt
Notice of Award to the successful bidder:
• CONTRACT
• LABOR AND MATERIALS PAYMENT BOND
• FAITHFUL PERFORMANCE BOND
• CERTIFICATE(S) OF INSURANCE
• GENERAL LIABILITY INSURANCE ENDORSEMENT
• AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT
The City of Newport Beach will not permit a substitute format for these Contract
Documents. Bidders are advised to review their content with bonding, insuring and legal agents
prior to submission of bid.
The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by
an insurance organization or surety (1) currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, and (2) listed as an acceptable surety in
the latest revision of the Federal Register Circular 570.
Pursuant to Public Contract Code Section 22300, appropriate securities may be
substituted for any monies to be withheld to ensure performance under the Contract
Insurance companies affording coverage shall be (1) currently authorized by the Insurance
Commissioner to transact business of insurance in the State of California, and (2) assigned
Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance
with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be
provided as specified in the Standard Specifications for Public Works Construction, except as
modified by the Special Provisions. Certificates of Insurance and additional insured
endorsements shall be on the insurance company's forms, fully executed and delivered with the
Contract. The Notice to Proceed will not be issued until all contract documents have been
received and approved by the City.
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
•
PAGE 22
BALBOA BOULEVARD RECONSTRUCTION MAIN STREET TO G STREET
CONTRACT NO. 3176
CONTRACT
THIS AGREEMENT, entered into this 24th day of May, 1999, 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:
WHEREAS, City has advertised for bids for the following described public work:
BALBOA BOULEVARD RECONSTRUCTION MAIN STREET TO G STREET - ALTERNATE "A"
Project Description
3176
Contract No.
WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and
Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's
careful examination of all Contract documents, plans and specifications.
NOW, THEREFORE, City and Contractor agree as follows:
A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the
following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's
Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment
Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings,
Plans and Special Provisions for Contract No. 3176, Standard Specifications for Public
Works Construction (current adopted edition and all supplements) and this Agreement,
and all modifications and amendments thereto (collectively the "Contract Documents ").
The Contract Documents comprise the sole agreement between the parties as to the
subject matter therein. Any representations or agreements not specifically contained in
the Contract Documents are null and void. Any amendments must be made in writing,
and signed by both parties in the manner specified in the Contract Documents.
B. SCOPE OF WORK Contractor shall perform everything required to be performed, and
shall provide and furnish all the labor, materials, necessary tools, expendable equipment
and all utility and transportation services required for the Project:
All of the work to be performed and materials to be furnished shall be in strict accordance
with the provisions of the Contract Documents. Contractor is required to perform all
activities, at no extra cost to City which are reasonably inferable from the Contract
Documents as being necessary to produce the intended results.
0
PAGE 23
C. COMPENSATION As full compensation for the performance and completion of the
Project as required by the Contract Documents, City shall pay to Contractor and
Contractor accepts as full payment the sum of five hundred seventy-four thousand, five
hundred sixty-four dollars and ten cents ($ 574,564.10).
This compensation includes:
(1) Any loss or damage arising from the nature of the work,
(2) Any loss or damage arising from any unforeseen difficulties or obstructions in the
performance of the work,
(3) Any expense incurred as a result of any suspension or discontinuance of the work, but
excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the
Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance
of the work by City.
D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before
making its final request for payment under the Contract Documents, Contractor shall
submit to City, in writing, all claims for compensation under or arising out of this Contract.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Contract except those previously made in writing
and identified by Contractor in writing as unsettled at the time of its final request for
payment.
E. WRITTEN NOTICE Any written notice required to be given under the Contract
Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid,
directed to the address of Contractor and to City, addressed as follows:
CITY
City of Newport Beach
Public Works Department
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: Stephen Luy
(949) 644 -3311
Los Angeles Engineering, Inc.
4134 Temple City Boulevard
Rosemead, CA 91770
Attention: Angus O'Brien
President
(626) 454 -5222
F. LABOR CODE 3700 LIABILITY INSURANCE Contractor, by executing this Contract,
hereby certifies:
"I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or undertake self -
insurance in accordance with the provisions of the Code, and I will comply with such
provisions before commencing the performance of the work of this Contract."
G. INSURANCE
Insurance is to be placed with insurers with a Best's rating of no less than A:VII and
insurers must be a California Admitted Insurance Company.
Contractor shall furnish City with certificates of insurance and with original
endorsements effecting coverage required by this Contract. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that
PAGE 24
insurer to bind coverage on its behalf. All certificates and endorsements are to be
received and approved by City before work commences. City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by Contractor, his agents,
representatives, employees or subcontractors. The cost of such insurance shall be
included in Contractor's bid.
1. Minimum Scope of Insurance
Coverage shall be at least as broad as:
a) Insurance Services Office Commercial General Liability coverage "occurrence"
form number CG 0001 (Edition 11/85) or Insurance Services Office form number
GL 0002 (Edition 1/73) covering Comprehensive General Liability and Insurance
Services Office form number GL 0404 covering Broad Form Comprehensive
General Liability.
b) Insurance Services Office Business Auto Coverage form number CA 0001 0187
covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288
Changes in Business Auto and Truckers Coverage forms - Insured Contract.
c) Workers' Compensation insurance as required by the Labor Code of the State of
California and Employers Liability insurance.
2. Minimum Limits of Insurance
Coverage limits shall be no less than:
a) General Liability: $1,000,000.00 combined single limit per occurrence for bodily
injury, personal injury and property damage. If Commercial Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate
limit shall apply separately to this project/location or the general aggregate limit
shall be twice the required occurrence limit.
b) Automobile Liability: $1,000,000.00 combined single limit per accident for bodily
injury and property damage.
c) Workers' Compensation and Employers Liability: Workers' compensation limits
as required by the Labor Code of the State of California and Employers Liability.
3. Deductibles and Self- Insured Retentions
Any deductibles or self- insured retentions must be declared to and approved by City.
At the option of City, either: the insurer shall reduce or eliminate such deductibles or
self- insured retentions as respects City, its officers, officials, employees and
volunteers; or Contractor shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
PAGE 25
4. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
a) General Liability and Automobile Liability Coverages
City, its officers, officials, employees and volunteers are to be covered as
additional insureds as respects: liability arising out of activities performed by
or on behalf of Contractor, including the insured's general supervision of
Contractor; products and completed operations of Contractor; premises
owned, occupied or used by Contractor; or automobiles owned, leased, hired
or borrowed by Contractor. The coverage shall contain no special limitations
on the scope of protection afforded to City, its officers, officials, employees or
volunteers.
ii. Contractor's insurance coverage shall be primary insurance and /or primary
source of recovery as respects City, its officers, officials, employees and
volunteers. Any insurance or self- insurance maintained by City, its officers,
officials, employees and volunteers shall be excess of the Contractor's
insurance and shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to City, its officers, officials, employees and volunteers.
iv. Contractor's insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
v. The insurance afforded by the policy for contractual liability shall include
liability assumed by contractor under the indemnification /hold harmless
provision contained in this Contract.
b) Workers' Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against City, its officers,
officials, employees and volunteers for losses arising from work performed by
Contractor for City.
c) All Coverages
Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled, rescinded by either
party, reduced in coverage or in limits except after thirty (30) days' prior
written notice by certified mail, return receipt requested, has been given to
City.
5. Acts of God
Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for
the repairing and restoring damage to Work, when damage is determined to have
been proximately caused by an Act of God, in excess of 5 percent of the Contract
0 0
PAGE 26
amount provided that the Work damaged is built in accordance with the plans and
specifications.
6. Right to Stop Work for Non - Compliance
City shall have the right to offer the Contractor to stop Work under this Agreement
and /or withhold any payment(s) which become due to Contractor hereunder until
Contractor demonstrates compliance with the requirements of this article.
H. RESPONSIBILITY FOR DAMAGES OR INJURY
City and all officers, employees and representatives thereof shall not be responsible in
any manner: for any loss or damages that may happen to the Work or any part
thereof; for any loss or damage to any of the materials or other things used or
employed in performing the Work, for injury to or death of any person either workers or
the public; or for damage to property from any cause arising from the construction of
the work by Contractor, or its subcontractors, or its workers, or anyone employed by it.
2. Contractor shall be responsible for any liability imposed by law and for injuries to or
death of any person or damage to property resulting from defects, obstructions or from
any cause arising from Contractor's work on the Project, or the work of any
subcontractor or supplier selected by the Contractor.
3. Contractor shall indemnify, hold harmless, and defend City, its officers and employees
from and against (1) any and all loss, damages, liability, claims, allegations of liability,
suits, costs and expenses for damages of any nature whatsoever, including, but not
limited to, bodily injury, death, personal injury, property damages, or any other claims
arising from any and all acts or omissions of Contractor, its employees, agents or
subcontractors in the performance of services or work conducted or performed
pursuant to this Contract; (2) use of improper materials in construction of the Work; or,
(3) any and all claims asserted by Contractor's subcontractors or suppliers on the
project, and shall include reasonable attorneys' fees and all other costs incurred in
defending any such claim. Contractor shall not be required to indemnify City from the
sole or active negligence or willful misconduct of City, its officers or employees.
4. To the extent authorized by law, as much of the money due Contractor under and by
virtue of the Contract as shall be considered necessary by City may be retained by it
until disposition has been made of such suits or claims for damages as aforesaid.
5. Nothing in this article, nor any other portion of the Contract Documents shall be
construed as authorizing any award of attorneys' fees in any action to enforce the
terms of this Contract, except to the extent provided for in H.3, above.
6. The rights and obligations set forth in this Article shall survive the termination of this
Contract.
EFFECT OF CONTRACTOR'S EXECUTIONExecution of this Contract and all other
Contract Documents by Contractor is a representation that Contractor has visited the
Project Site, has become familiar with the local conditions under which the work is to be
performed, and has correlated all relevant observations with the requirements of the
Contract Documents.
0
0
Page 27
J. CONFLICT If there is a conflict between provisions of this Contract and any other
Contract Document, the provisions of this Contract shall prevail.
K. WAIVER A waiver by City or any term, covenant, or condition in the Contract
Documents shall not be deemed to be a waiver of any subsequent breach of the same or
any other term, covenant or condition.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day
CITY CLERK Dennis D. O'Neil, Mayor
APPRO D AS TO FORM:
1'��
CITY ATTORNEY
LOS ANGELE ENGINEERING, INC.
By:
Authorized natu nd Title
Angus O'Brien, President
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ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
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D
THIS 16 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE
AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN
MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE Of INBURAMCE POLICY NUMBER
POUOYEFFECTIVE POLICY URI; OM LIMITS
DATE(MMNW") DATE(MMIDONY)
A
GENERAL
LIABILITY
DTC033IK5381
07107/98
07107/99
GENERAL AGGREGATE
i 2 QQQ
PRODUCTS COMPIOP AGO
S 2,000,000
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE .00CUR
PERSONAL S ADV INJURY
"•!`:
$ I Olt 00
EACH OCCURRENCE
i ] QOGBB
OWNERS& CONTRACTORS PROT
X
FIRE DAMAGE (A. Die Wa)
f 50 0
Employee Benell
MEO EXP (A,y o „ap m
S 5.000
A
AUTWOiLELMNUTY
X
D"10331K5381
07/07/98
07/07/99
COMBINED SINGLE LIMIT
3 ]OQO,OOO
ANY AUTO
SOMLY NJURY
e
ALL OWNED AUTOS
SCHEDULEO AUTOS
(Pe, Person) I
X
T
BODILY INJURY
t
NIREDAUTOS
X
NON OWNED AUTOS
IPe,e w
PROPERTY DAMAGE
S
-
GARAGE
LIABIUtY
AUTOONLY EAACaIOENT
S
OT HER THANAUTO ONLY
ANY AUTO
s
PI
ACH ACCID
EENT
AGGREGATE
3
A
ERCEAB LIABILITY
DTCUP331K5461
07107148
07/07/99
EACH OCCURRENCE
F 3,000,000
AGGREGATE
s 3,0000000
X� UMBRELLA FORM
I OTHER THAN UMBRELLA FORM
is
A
WORKEFOCOMPENSATIONAYD
DTUB332KO54A99
(14/0]/99
04/01/00
�;•
EL EACH ACCIDENT
EMPLOVERB'LLABILHY
THE PROPRIETOR/ {NCL
EL DISEASEPOLX:Y LIMIT
t_�QQQ�(lOQ
PARTNERWEXEOUTIVE
OFFICERS ARE'. EXCILI
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`
EL DISEASE EA EMPLOYEE
A
OTHER
Equipment Floater
QT660331K8229
07107198 07107/99
Rentedll.eaaed Eq 5500,000
S49JO IAII "it
SIAM Ds sl., Speilul Purm
DESCRIPTOMDFOPERAnOM&LOCATONI DDREN CIALHEMS
Re: Contract No. 3176- Balboa Blvd Reconstruction Main
Street to "G” Street
."A ":Additional Insured, primary insurance, hold harmless
& indemnify to
the City of Newport Beach, its officers, officials, employees & volunteers
SHOULD ANY OF TIE ABOVE DESCRIBED POLIO EG BE CANCELLED BEFORE ME
City orNewport Beach
EXPIRATION DATE THEREOF. ME IBSUINO COMPANY WILL 100MMIMXM MAIL
Public Works Department
30 DAYS WRITTEN NOTICE TO ME CERTIFICATE HOLDER NAMED TO ME LER,
Attn: Stephen Luy
arX�LaXBS:o ai�>o ew e�mEMaa®sXmmmuHXO�meaac
3300 Newport Boulevard
>♦{ X} EIrE7 iMf 7LllPRC =MRDOaYtAB➢IS1g %R�IINO NIL1iE�C�I�
Newport Reach, CA 92663
AU D REPRESENTATIVE
BRUMRNN TUCKER SPILLE x:8187049820
POLICYNUMBER: DTC0331KS381
Jun 8 '99 17:31 P.03
0
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES or
CONTRACTORS [Form B]
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
City of Newport Beach
Public Works Department
Attn: Stephen Luy
3300 Newport Boulevard
Newport Beach, CA 92663
(It no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in
the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you.
Re: Contract No. 3176- Balboa Blvd Reconstruction Main Street to "13" Street
• "A ":Addltlonal Insured, primary Insurance, hold harmless & Indemnify to
the City of Newport Beach, Its officers, officials, employees & volunteers
dncl.,AUto & Worker's Comp.,wlth Waiver of Subrogation per attached CG20210
CG 20 10 11 85 Copyright, Insurance Service Office, Inc., 1984
JUN -07 -99 NON 05:07 PM
i
FAX NO.
•
Q CAL -SUR AN CE
CERTIFICATE OF INSURANCE
CHECKLIST
CITY OF NEWPORT BEACH
P. 02/06
THfS CHECKLIST 15 COMPRISED OF REQUIREMENTS AS OUTLINED ABY THE CITY OF NEWPORT
BEACH.
DATE RECEIVED: OBI DEPARTMENT/CONTACT RECEIVED FROM: S &Ajd/ h Q�f
DATE COMPLETED:_. O 07 9 SENT TO: f1���[�_ BY
COMPANY/PERSON REQUMED TO HAVE CERTIFICATE._Lg._A/t1jjk4ES e %; ,A)e l
L GENERAL LIABILITY:
A. TNSURANCE COMPANY: _/0a ?t4(
B. AM BEST RATING (A VII or greater). .XV
C. ADMITTED COMPANY: ( Must be Califortua Admitted) Is company a nutted in California? Yes ✓ No_
D. LIMITS: (Must be $ 1,000,000 or greater) What is limit provided? /, 0�0� LIDO
E. PRODUCTS AND COMPLETED OPERATIONS: (Must Include) Is included'? Yes ✓ No
F. ADDITIONAL INSURDED WORDING TO INCLUDE. ( The City its oflicers, agents, officials. employees and
volunteers). IS it included'? Yes_✓ No
G. PRIMARY AND NON CONTRIBUTORY WORDING: (Must be included) Is it included? Yes V/ Na_
13. CAUTION! ( Confirm that loss or liability of the Named insured is not limited sole y by their negligence.)
Does endorsement include "solely by negligence" wording? Yes Na
L NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation
certified mail; per Lauren Farley the City will accept the endeavor wording.
11. AUTOMOBILE LIABILITY:
A. INSURANCE COMPANY: SAME
B. AM BEST RATING (A VII or greatcr)'.� �NlE _
C. ADMITTED COMPANY: ( MUST BE CALIFORNIA ADMITTED) Is compare admitted'? Yes ✓ No
D LIMITS: ( Must be $1,000,000 minimum BI & PD and $500,(100 um) What is limits provided? /f 000 L e
E_ ADDITIONAL INSURED WORDING TO INCLUDE; (The City its officers ,agents, officials, employees and
volunteers) Is it included'? Yes ___ No ✓
F. PRIMARY AND NON CONTRIBUTORY WORDING: (Must be included). Is it included'? Yes_ No ✓
G. NOTIFICATION OF CANCELLATION: Although them is a provision that requires notification of cancellation
certified mail, per Lauren Farley the City will accept the endeavor wording.
M. WORKERS COMPENSATION:
A. rNSURANCE COMPANY: sf%ArJ�
B. AM BEST RATING (A VII or greater) __§tQ/t,..
C. LIIv(ITS: Statutory ✓
D. WAVIER OF SUBROGATION: (To include). is it included? Yes No�_
HAVE ALL ABOVE RFQUIREMENTS BEEN MET? Yes No ✓
IF NO, WHICH ITEMS NEED TO BE COMPLETED? Appi lew A6 i
0 0
Page PR -1
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
BALBOA BOULEVARD RECONSTRUCTION
MAIN STREET TO G STREET
CONTRACT NO. 3176
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard, P. O. Box 1768
Newport Beach, California 92663 -8915
Gentlemen:
The major difference in the alternate bid proposals relates to the construction of the intersection of
Balboa Boulevard and Main Street. Alternate "A" includes the installation of concrete pavers in
the roadway and pedestrian walkways at the intersection. Alternate "B" includes the
reconstruction of the roadway with crushed aggregate base and asphalt and the reconstruction of
the pedestrian walkways with P.C.C. concrete. Alternate "C" includes the installation of concrete
pavers in the pedestrian crosswalks and pedestrian walkways at the intersection; the center of the
intersection will be constructed with gray exposed aggregate reinforced P.C.C. pavement.
Council will award to the lowest responsible bidder based on their decision as to which alternate
( "A ", "B" or "C ") to fund. The undersigned declares that he has carefully examined the location of
the work, has read the Instructions to the Bidders, understands the alternate bid proposals stated
above, has carefully examined the Plans and Special Provisions, and hereby proposes to furnish
all materials except that material supplied by the City and shall perform all work required to
complete Contract No. 3176 in accordance with the Plans and Special Provisions, and will take in
full payment therefore the following unit prices for the work, complete in place, to wit:
ALTERNATE "A$'
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
1. Lump Sum Mobilization !'
@ Dollars
and
Cents $ 00c) $ N, 000
Per Lump Sum
2. Lump Sum Traffic Control
Vert a '��a/(
@ Dollars
Zcv J and
Cents $ `, 000 $ y UyU
Per Lump Sum
0 0
Page PR -2
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
3. Lump Sum Clearin and Grubbing
@ Dollars
and
ze4v Cents $ 76,000 $ 76,000
Per Lump Sum
4. 1,200 S.Y. Cold Mill Existing Asphalt
Pavement 1 -5/8- Inches Deep
@ wo Dollars
and
✓i' `� e � Cents $ 2., i y $ 3,14
Per Square Yard
5. 8,690 S.Y. Cold Mill Existing Asphalt
Pavement /1 1/8- Inches Deep
@ w J Dollars
ZC., � and
Cents $ Z °O $
Per Square Yard
6. 10,350 S.Y. Crack Seal and Install Pavement
Fabric
@ // 0),7 e- Dollars
�wCvti�y Cents $ �• Z� $ 1Z,47-d
Per Square Yard
7. 915 Tons Construct 1 '/z -Inch Thick
Asphalt Overlay
Dollars
tv and ZZ `I ` o
Z � Cents $ 36 OU $
Per Ton
8. 605 Tons Construct 2 -Inch Thick Asphalt
Overlay
@ %� U C Dollars
and 7
Zf ✓O Cents
Per Ton
Page PR -3
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
9. 447 Tons Construct 1 Y2 -Inch to 4 -Inch
Variable Thickness Overlay
Dollars
and G
�c✓D Cents $ 5$'00
Per Ton
10. 25,920 S.F. Construct P.C.C. Driveway
Approach
@ TW u Dollars
and Cents $ Z. 80 $ ?Z. 57(,
Per Square Foot
11. 4,176 S.F. Construct P.C.C. Sidewalk
@ 00 Dollars
S� x and
7 Cents
Per Square Foot
$ 1, � 0 $ �, 6 is i• � o
12. 800 S.F. Construct P.C.C. Curb Access
Ramp
@ O� Dollars
and )
Z ev c' Cents $ V-00 $ >,200
Per Square Foot
13. 1,180 L.F. Construct P.C.C. Curb Type "B"
@ y� v t Dollars `
and
J Cents G 0
Per Linear Foot
14. 4,875 L.F. Construct P.C.C. Curb & Gutter
Type "A"
�t�
@ Dollars
�wew/, ()-f Ce is $ /O.ZS" $ 1%4. 7S
Per Linear Foot
6 • •
Page PR -4
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
15. 4,065 S.F. Construct P.C.C. Cross Gutter
@ 0V Dollars
and
Cents ,` y. /�
Z Cents $ 00 $
Per Square Foot
16. 3,175 S.F. Construct P.C.C. Roadway
@ fl "6,r- Dollars
/ > and
f '%/ t Cents $ 3. ZS $
Per Square Foot
17. Lump Sum Traffic Signal Modifications
@ 4"10t A"S44ollars
and
ZY'0 Cents $ /Z. Uvc) $ j2, ooc)
Per Lump Sum
18. Lump Sum Traffic Striping
@ z'K �iu sRK.� ` o'Dollars c�
and
Z °a Cents $ 7 %UV $ 7, 70,D
Per Lump Sum
19. 4,988 S.F. Reconstruct Balboa Blvd. /Main St.
Intersection with Pavers
@ b') ek-i y Dollars
Z ry
U
Cents s2-6-00 $ cif 7w
Per Square Foot
20. 500 S.F. Remove Existing Sidewalk and
Construct Tree Well
@ k /fib e Dollars and
r- ' �t� Cents $ S D $
Per Square Foo
Page PR -5
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
21. 1 Each Install 1 -inch Water Service
and Water Meter Box ��Jf
.�j s� /"rK
@ iwo /'�b'`� �K Dollars
Zt° ✓J Cents $ Z, 3d o $ Z. JbU
Per Each
22. 3 Each
Install Electrical Pull Box
pwe h'J'a fir'l�
@ DOIfars
Lt s and
Cents $
/5-0. oq
$
ys y• 0C)
Per Each
23. 160 L.F.
Install 1 1/4 -Inch Diameter PVC
Electrical Conduit W/12" Sweeps
�y'��t
@ J�U Dollars
and
ZZ✓y Cents $
7• oo
$
Z, �ZC7
Per Lineal Foot
24. Lump Sum
Remove, Store and Reinstall
Traffic Signs
/
Inie" ti,, 4.1,eZDollars
@
and
Cents $
7U 0. 00
$
700 v u
Per Lump Sum
25. 4 Each
Remove and Reinstall Existing
Street Lights 1, J
�/ p��`fyltvK•'
e
@ C" / 1 Dollars
and
�V l Cents $
�i y�O
$
60U
Per Each
Page PR -6
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
26. 460 S.Y. Cold Mill Existing P.C.C.
Pavemen 1 1//8- Inches Deep
@�Ctre"'I- Dollars
Z�VL)
and
$ 15 JO
Per Square Yard
27. Lump Sum Install Irrigation System at
Bal a Blvd. and Main /S/t. I /
@ Dollars
and
Cents $ 71500 $ S U C3
Per Lump Sum
28. Lump Sum Place Topsoil in Planters at
Balboa Blvd. and Main St.
@ / d���� {`' �" Dollars
and 2
ZG�o Cents $ 3: ov0 $ 3, 00 o
Per Lump Sum
29. 312 Tons Remove Existing and Construct
Asphalt Patchba �r
@ Dollars
and
Le °U Cents $ /9y-00 $ y5, 2 9,C3
Per Ton
30. 13 Each Adjust all Water Valves to Grade
@Arm ".�rG� Dollars
and
7,01,0 Cents $ -�OO� 00 iUU
Per Each
31. 21 Each hdj ust Mpnholaes to grade
-Tvra @ Dollars
and
Cents $ 0 yU
Per Each
4
Page PR -7
ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL
AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE
32. 295 L.F. Install Tree Root Barriers
@ `e Dollars
�C /" and
Cents
Per Lineal Foot
TOTAL PRICE IN WRITTEN WORDS (Alternate "A ")
.[ 1' �..Y �� /'Ou Dollars
'U
and
LL Cents
$ 12.00 $ 3,5yy
57`4,576v -io
Total Price (Alt. "A ")
Contractor's bid will be fudged non - responsive unless all alternates are bid
Bidder's Name Los Angeles Engineering, Inc.
Bidder's Address 4134 Temple City Blvd. Rosemead CA 91770
Bidder's Telephone Number (626) 454 -5222
Contractor's License No. & C
Date
6, 1999
Authorized lSighdlidre & Title
President
>jlt�
May 24, 1999
. CITY COUNCIL AGENDA
APPROVED ,wi,2h'3, ITEM NO. 28
0
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: BALBOA BOULEVARD REHABILITATION, MAIN STREET TO "G"
STREET — AWARD OF CONTRACT NO. 3176
RECOMMENDATION:
1. Approve the Plans and Specifications.
2. a. Award Contract No. 3176 to Los Angeles Engineering Inc. for the Total Bid
Price of $574,564.10 for Alternate "A" (pavers in the roadway and sidewalk
areas at the intersection of Balboa Boulevard and Main Street), and
authorize the Mayor and the City Clerk to execute the contract,
or
b. Award Contract No. 3176 to Los Angeles Engineering Inc. for the Total Bid
Price of $473,363.00 for Alternate "B" (asphalt paving in the roadway and
concrete in the sidewalk area at the intersection of Balboa Boulevard and
Main Street), and authorize the Mayor and the City Clerk to execute the
contract,
or
c. Award Contract No. 3176 to Los Angeles Engineering Inc. for the Total Bid
Price of $567,562.10 for Alternate "C" (pavers in the crosswalk and sidewalk
areas, and grey exposed aggregate concrete in the center of the intersection
of Balboa Boulevard and Main Street), and authorize the Mayor and the City
Clerk to execute the contract.
3. Establish an amount of $57,000.00 to cover the cost of unforeseen work in
Alternate "A ", or $46,000.00 to cover the cost of unforeseen work in Alternate
"B" or $56,000.00 to cover the cost of unforeseen work in Alternate "C, in
accordance to the Alternate chosen in Recommendation 2.
4. Authorize a budget amendment to transfer appropriations of between
$19,363.00 to $131,564.10 depending on award of Alternate A, B or C, as
described below.
Funds will be transferred from Account Nos. 7161- C2700449 (CDBG funds) and
7281- C5100465 (Measure M funds) to Account Nos. 7161- C5100390 and 7281 -
05100390 (Balboa Boulevard).
SUBJECT: Balboa Boulevard ISbilitation, Main Street to "G" Street — Award oentract No. 3176
May 24, 1999
Page 2
DISCUSSION:
This project provides for the re- paving of Balboa Boulevard from Main Street to "G"
Street on the Peninsula. The work in each alternate bid consists of removing existing
deteriorated sidewalk, curb access ramps, driveway approaches, asphalt roadway,
curb, curb and gutter, cross gutter; grinding existing roadway and constructing P.C.C.
sidewalk, curb access ramps, driveway approaches, curb, curb and gutter, cross
gutters, asphalt patch back and asphalt overlays. The difference between Alternate
"A ", Alternate "B" and Alternate "C' is the construction of improvements at the
intersection of Balboa Boulevard and Main Street. Alternate "A" includes the
installation of interlocking pavers in the roadway and sidewalk at the intersection of
Balboa Boulevard and Main Street; Alternate "B" includes the reconstruction of the
intersection of Balboa Boulevard and Main Street with asphalt concrete pavement and
P.C.C. concrete sidewalk and Alternate "C" includes the installation of interlocking
pavers in the sidewalk and crosswalk areas and grey exposed aggregate concrete in
the center of the intersection of Balboa Boulevard and Main Street. An intersection
detail showing the interlocking paver layout is attached. The City Council PROP
Committee has been evaluating a method to improve the appearance of the
streetscape in the Balboa Business District. They requested that an alternative be
included in this project to provide the costs for installing decorative pavers. Samples of
the pavers and the project plans are available for review in the Public Works
Department and will be in the City Council conference room prior to the meeting.
At 11:00 a.m. on May 6, 1999, the City Clerk opened and read the following bids for
this project:
ALTERNATE "A"
BIDDER TOTAL BID AMOUNT
Low Los Angeles Engineering Inc. $574,564.10
2 EXCEL PAVING CO. $604,567.95
3 NOBEST INC. $635,070.00
' Corrected Bid Amount $604,567.90
The low total bid amount for Alternate "A" is 4% above the Engineer's Estimate of
$550,000.00.
ALTERNATE 1111355
BIDDER TOTAL BID AMOUNT
Low Los Angeles Engineering Inc. * $473,938.60
2 NOBEST INC. ** $490,264.00
3 EXCEL PAVING CO. $520,769.05
Corrected Bid Amount $473,363.00
Corrected Bid Amount $490,264.20
The low total bid amount for Alternate "B" is 5% above the Engineer's Estimate of
$453,000.00.
►...JJ
0
• 0
SUBJECT: Balboa Boulevard Rehabilitation, Main Street to "G" Street — Award of Contract No. 3176
May 24, 1999
Page 3
ALTERNATE "C"
BIDDER
Low Los Angeles Engineering Inc.
2 EXCEL PAVING CO.
3 NOBEST INC.
TOTAL BID AMOUNT
$567,562.10
* $599,729.00
$644,090.00
Corrected Bid Amount $599,739.15
The low total bid amount for Alternate "C" is 6% above the Engineer's Estimate of
$534,000.00.
The low bidder on all three alternates is Los Angeles Engineering Inc., and they possess
a General Contractor's License Classification "A" as required by the project specifications.
Los Angeles Engineering Inc. has satisfactorily completed other projects for the City. In
addition, a check of the company's references indicates that the Contractor has
satisfactorily completed similar projects for other municipalities.
The additional cost to construct the intersection with interlocking pavers will be
$99,760.00, approximately $20.00 per square foot.
There are sufficient funds available to award Alternate "A" from the following funds:
Gas Tax (Balboa Boulevard)
General Funds (Streets)
CDBG Funds
Measure M Turnback
Total for Alternate "A"
7181- C5100390
7013- C5100020
7161- C2700449
7281- C5100465
$420,000.00
$ 80,000.00
$100,000.00
$31,564.10
$631,564.10
There are sufficient funds available to award Alternate "B" from the following funds:
Gas Tax (Balboa Blvd.) 7181- C5100390 $420,000.00
General Funds (Streets) 7013- C5100020 $ 80,000.00
Measure M Turnback 7281- C5100465 $19,363.00
Total for Alternate "B" $519,363.00
There are sufficient funds available to award Alternate "C" from the following funds:
Gas Tax (Balboa Blvd.)
General Funds (Streets)
CDBG Funds
Measure M Turnback
Total for Alternate "C"
7181- C5100390
7013- C5100020
7161- C2700449
7281- C5100465
$420,000.00
$ 80,000.00
$100,000.00
$23,562.10
$623,562.10
SUBJECT: Balboa Boulevard Rbilitation, Main Street to "G" Street — Award oiZontract No. 3176
May 24, 1999
Page 4
If the City Council were to award Alternate "A" or Alternate "C ", staff believes that
Alternate "A" would be the better choice, because interlocking pavers can be removed
and replaced during utility repairs, whereas exposed aggregate concrete would have
trench repair cuts visible on the surface after utility repair work.
The intersection work will begin after September 12, 1999. The remainder of the work
will be done during the summer beginning in the middle of June.
The Contractor will have sixty consecutive working days (12 weeks) to complete the
work between "A" Street and "G" Street. The contractor will be required to complete all
work on the intersection of Balboa Boulevard and Main Street and between Main Street
and "A" Street within twenty -five consecutive working days (5 weeks) beginning
September 13, 1999.
Respectfully submi
PUBLIC WORKS DEPARTMENT
Don Webb, Director
B
v� y:
Stephen Ifuy
Senior Civil Engineer
Attachment: Balboa Boulevard /Main Street Intersection Drawing
Project Location Map
Bid Summary
is
F:\Users\PB\MShared \COUNCIL \FY98 -99 \May -2441- Balboa Blvd C- 3176.doc
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W of Newport Beach • NO. BA- 066 ,
BUDGET AMENDMENT
1998 -99 AMOUNT:
-)ECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates Increase in Budgetary Fund Balance
Increase Budget Appropriations AND Decrease in Budgetary Fund Balance
x Transfer Budget Appropriations X No effect on Budgetary Fund Balance
from existing budget appropriations
from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To transfer funds from the CDBG Fund and the Measure M Fund - Turnback money to the Balboa Boulevard Rehabilitation.
This budget amendment reflects alternate 'Won the supporting documentation. Alternate "A" is a contract for pavers in the
roadway and sidewalk areas at the intersection of Balboa and Main. Historically, no other budget amendments in these accounts.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
Description
010 3605
Fund Balance Control
RFVENUE APPROPRIATIONS (3601)
Number
1 Fund /Division Account
Description
EXPENDITURE APPROPRIATIONS (3603)
Amount
Debit Credit
Division Number
Account Number
• Automatic System Entry.
Signed:
F' nci Approval: inan irector Date
Signed:
Administrative oval: City Manager Aate
id:
City Council Approval: City Clerk Date
0
E
Description
Division
Number
7161
Community Development Block Program
Account
Number
C2700449
Balboa Peninsula Revitalization Project $100,000.00
Division
Number
7161
Community Development Block Program
Account
Number
C5100390
Balboa Blvd Pavement Rehabilitation $100,000.00
Division
Number
7281
Measure M
Account
Number
C5100465
Polaris Drive Pavement Overlay $31,564.10
Division
Number
7281
Measure M
Account
Number
C5100390
Balboa Blvd Pavement Rehabilitation $31,564.10
Division Number
Account Number
• Automatic System Entry.
Signed:
F' nci Approval: inan irector Date
Signed:
Administrative oval: City Manager Aate
id:
City Council Approval: City Clerk Date
0
E
Ciar of Newport Beach • NO. BA- 066
BUDGET AMENDMENT
1998 -99 AMOUNT: S1s,363.00
CT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates Increase in Budgetary Fund Balance
Increase Budget Appropriations AND Decrease in Budgetary Fund Balance
X Transfer Budget Appropriations X No effect on Budgetary Fund Balance
�X from existing budget appropriations
from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To transfer funds from the Measure M Fund - Turnback money to the Balboa Boulevard Rehabilitation. This budget amendment
reflects alternate 'B" on the supporting documentation. Alternate "B" is a contract for asphalt paving in the roadway and concrete
in the sidewalk area at the intersection of Balboa and Main. Historically, no other budget amendments in these accounts.
ACCOUNTING ENTRY:
Amount
BUDGETARY FUND BALANCE Debit Credit
Fund Account Description
010 3605 Fund Balance Control `
REVENUE APPROPRIATIONS (3601)
0 Fund /Division Account Description
EXPENDITURE APPROPRIATIONS (3603)
Division Number
Account Number
` Automatic
Signed: /f��L
it ial Approval: manc Director Date
Signed:
'Administrative roval: City Manager Difte
City Council Approval: City Clerk Date
Description
Division
Number
7281
Measure M
Account
Number
C5100465
Polaris Drive Pavement Overlay $19,363.00
Division
Number
7281
Measure M
Account
Number
C5100390
Balboa Blvd Pavement Rehabilitation $19,363.00
Division
Number
Account
Number
Division
Number
Account
Number
Division Number
Account Number
` Automatic
Signed: /f��L
it ial Approval: manc Director Date
Signed:
'Administrative roval: City Manager Difte
City Council Approval: City Clerk Date
W of Newport Beach,*
BUDGET AMENDMENT
1998 -99
IECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
Increase Budget Appropriations AND
Hx Transfer Budget Appropriations PX
from existing budget appropriations
from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
NO. BA- 066
AMOUNT: $123,562.10
Increase in Budgetary Fund Balance
Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
This budget amendment is requested to provide for the following:
To transfer funds from the CDBG Fund and the Measure M Fund - Tumback money to the Balboa Boulevard Rehabilitation.
This budget amendment reflects alternate "C' on the supporting documentation. Alternate "C" is a contract for pavers in the
.�,l . ,1...r.I, ar.ae ar »,o int.rs.efinn of Balhna and Main. Historically. no other budaet amendments in these accounts.
ACCOUNTING ENTRY:
Amount
BUDGETARY FUND BALANCE Debit Credit
Fund Account Description
010 3605 Fund Balance Control `
PcVENUE APPROPRIATIONS (3601)
Fund /Division Account Description
EXPENDITURE APPROPRIATIONS (3603)
Signed: ZIAZx ✓ ��
�i aaiial_Approv:X� FFi Date
Signed: C` /1 •^�'� .
dministra ve proval: City Manager Do*
City Council Approval: City Clerk Date
Description
Division
Number
7161
Community Development Block Program
Account
Number
C2700449
Balboa Peninsula Revitalization Project $100,000.00
Division
Number
7161
Community Development Block Program
Account
Number
C5100390
Balboa Blvd Pavement Rehabilitation $100,000.00
Division
Number
7281
Measure M
Account
Number
C5100465
Polaris Drive Pavement Overlay $23,562.10
Division
Number
7281
Measure M
Account
Number
C510039D
Balboa Blvd Pavement Rehabilitation $23,562.10
Division
Number
Account
Number
Signed: ZIAZx ✓ ��
�i aaiial_Approv:X� FFi Date
Signed: C` /1 •^�'� .
dministra ve proval: City Manager Do*
City Council Approval: City Clerk Date
Ci* of Newport Beach 0
BUDGET AMENDMENT
1998 -99
ECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
Increase Budget Appropriations AND
X Transfer Budget Appropriations Px
�X from existing budget appropriations
from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following
NO. BA- 066
AMOUNT: ;131,ss4.10
Increase in Budgetary Fund Balance
Decrease in Budgetary Fund Balance
No effect on Budgetary Fund Balance
CITY COU
MAY 24 ..
To transfer funds from the CDBG Fund and the Measure M Fund - Turnback money to the Balboa Boulevard Rehabilitation.
This budget amendment reflects alternate "A' on the supporting documentation. Alternate "A" is a contract for pavers in the
roadway and sidewalk areas at the intersection of Balboa and Main. Historically, no other budget amendments in these accounts.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account
Description
010 3605
Fund Balance Control
RFVENUE APPROPRIATIONS (3601)
Number
Fund /Division Account
Description
EXPENDITURE APPROPRIATIONS (3603)
Signed:
Signed:
.d: ; JSC/C'Z 7 r t 1761 1. IT r
City Council Approval: City Clerk
Amount
Debit Credit
$100,000.00
$31,564.10
Automatic
$100,000.00
$31,564.10
Date
Z.
-A Ire
at
5
Date
Description
Division
Number
7161
Community Development Block Program
Account
Number
C2700449
Balboa Peninsula Revitalization Project
Division
Number
7161
Community Development Block Program
Account
Number
C5100390
Balboa Blvd Pavement Rehabilitation
Division
Number
7281
Measure M
Account
Number
C5100465
Polaris Drive Pavement Overlay
Division
Number
7281
Measure M
Account
Number
C5100390
Balboa Blvd Pavement Rehabilitation
Division
Number
Account
Number
Signed:
Signed:
.d: ; JSC/C'Z 7 r t 1761 1. IT r
City Council Approval: City Clerk
Amount
Debit Credit
$100,000.00
$31,564.10
Automatic
$100,000.00
$31,564.10
Date
Z.
-A Ire
at
5
Date
� -3
April 12, 1999
CITY COUNCIL AGENDA
ITEM NO. 15
TO: Mayor and Members of the City Council
FROM: Public Works Department APPR V i LJ
SUBJECT: BALBOA BOULEVARD REHABILITATION, MAIN STREET TO "G"
STREET, REJECT ALL BIDS — CONTRACT NO. 3176
RECOMMENDATION:
Reject all bids and direct that the project be re- advertised with modifications in the
plans and specifications to provide for CDBG funds to be used for construction and a
revised Alternate that will reduce the cost of the intersection treatment.
DISCUSSION:
This project provides for the re- paving of Balboa Boulevard from Main Street to "G"
Street on the Peninsula. The work in both alternate bids consists of removing existing
sidewalk, curb access ramps, driveway approaches, asphalt roadway, curb, curb and
gutter, cross gutter; grinding existing roadway and constructing P.C.C. sidewalk, curb
access ramps, driveway approaches, curb, curb and gutter, cross gutters, asphalt
patch back and asphalt overlays. The major difference between Alternate "A" and
Alternate "B" is the construction of improvements at the intersection of Balboa
Boulevard and Main Street. In addition to the above work, Alternate "A" includes the
installation of interlocking pavers in the roadway and sidewalk at the intersection of
Balboa Boulevard and Main Street; while Alternate "B" includes the reconstruction of
the intersection of Balboa Boulevard and Main Street with asphalt concrete pavement
and P.C.C. concrete sidewalk. An intersection detail showing the interlocking paver
layout is attached.
At 2:00 p.m. on April 2, 1999, the City Clerk opened and read the following bids for this
project:
ALTERNATE "A"
BIDDER TOTAL BID AMOUNT
Low Nobest Inc., Westminster $585,458.00
2 Excel Paving Co., Long Beach $593,167.99
3 Los Angeles Engineering, Inc., Rosemead $604,499.10
4 Griffith Company, Santa Ana $655,744.25
The low total bid amount for Alternate "A" is 6.4% above the Engineer's Estimate of
$550,000.00. The low bidder, Nobest Inc., possesses a General Contractor's License
Classification "A" as required by the project specifications. Nobest Inc. has
satisfactorily completed similar projects for the City.
SUBJECT: Balboa Boulevarl4bilitation, Main Street to "G" Street - Award Antract
April 12, 1999
Page 2
ALTERNATE "B"
BIDDER TOTAL BID AMOUNT
Low Excel Paving Co., Long Beach $482,700.46
2 Los Angeles Engineering, Inc., Rosemead $502,886.10
3 Nobest Inc., Westminster $505,544.20
4 Griffith Company, Santa Ana $532,255.95
*Corrected Bid Amount
The low total bid amount for Alternate "B" is 6.6 % above the Engineer's Estimate of
$453,000.00. The low bidder, Excel Paving Co., possesses a General Contractor's
License Classification "A" as required by the project specifications. Excel Paving Co.
has satisfactorily completed similar projects for the City.
The additional cost to construct the intersection with interlocking pavers will be
$102,758.00, approximately $20.60 per square foot. There are insufficient funds
available in the Gas Tax and Measure M accounts to provide for the installation of
pavers in the intersection. There are some funds available in the CDBG fund account
for Revitalizing the Peninsula, but the contract documents did not provide the
necessary specifications to allow Federal funds to be used on this contract. It is
recommended that the current bids be rejected and the project be re- advertised with
the required specifications added to allow Federal funds to be used. It is also
recommended that another alternate be added that will provide for pavers in the
sidewalk landing and crosswalk areas and concrete paving in the center of the
intersection. The intersection work will be delayed until after September 12, 1999. The
remainder of the work will be done this summer beginning the middle of June. The
contract will be re- advertised and brought back to the City Council for award on May
24, 1999.
The Contractor will have forty -five (45) consecutive working days (9 weeks) to
complete the work between "A" Street and "G" Street. The contractor will be required
to complete all work on the intersection of Balboa Boulevard and Main Street and
between Main Street and "A" Street within twenty -five (25) consecutive working days (4
weeks), beginning September 13, 1999.
Redly sub
PUBLIC WORKS DEPARTMENT
Don Webb, Director
By: Zia
Stephen Luy
Senior Civil Engineer
Attachment: Balboa Boulevard /Main Street Intersection Drawing
Project Location Map
Bid Summary
F: \Users\PBVV\ Shared\ COUNCIL\FY98.99\April- 12\Balboa Blvd Main to G C- 3176.doc
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March 8, 1999 ( i
CITY COUNCIL AGENDA
ITEM NO. 10
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: BALBOA BOULEVARD REHABILITATION, MAIN STREET TO "G" STREET,
CONTRACT NO. 3176 — APPROVAL OF PLANS AND SPECIFICATIONS AND
AUTHORIZATION TO ADVERTISE
RECOMMENDATIONS:
1. Approve the project plans and specifications.
2. Authorize the advertising for bids.
DISCUSSION:
11 AR i?
i
APPROVED
i
r
During last year's budget process, money was budgeted for the rehabilitation of Balboa
Boulevard with new asphalt concrete pavement and the removal and replacement of
deteriorated curb and gutter. This project is scheduled to be done after the completion of the
utility underground district work.
Staff has been working closely with the leadership of the Balboa Peninsula Point Association
(BPPA) on a street design that incorporates the following 4 noteworthy features:
1. The tree species designated for Balboa Boulevard will be changed from the Magnolia to the
Queen Palm.
2. Interlocking pavers will be used in the design of the Balboa Boulevard /Main Street
intersection.
3. Balboa Boulevard will be narrowed from 4 lanes to 2 lanes between "A" and "B" Street to
accommodate additional landscaping.
4. A median island has been added at "A" Street. A proposed sign kiosk could be constructed
within this median as part of a future project.
The BPPA requested the designated tree species change from the Magnolia to the Queen
Palm for Balboa Boulevard from Main Street to Channel Road as part of their beautification
plan. This request was considered and approved at the March 2, 1999, meeting of the Parks,
Beaches and Recreation Commission. Staff has also been working closely with BPPA on tree
placement locations. In order to plant the trees at locations agreeable to property
owners /residents, BPPA and the City, exceptions to the Council Policy G -6 are being
incorporated in the project. These exceptions have been looked at individually and do not
appear to impact City operations.
The intersection of Balboa Boulevard and Main Street was designed using an enhanced
pavement treatment. Three other intersections within the village area could be designed with a
similar enhanced pavement treatment in the future, if this pilot project is successful. Data will
. be collected about the maintenance and durability of the enhanced pavement treatment at this
intersection. Staff has worked with representatives of the nearby businesses with regard to the
Subject: Balboa Boulevard Rehab *n, Main Street to "G" Street 41
March 8, 1999
Page 2
choice of style and color of the enhanced pavement treatment.
A proposal to narrow Balboa Boulevard from 56 feet to 44 feet (curb to curb) from "A" Street to
"B" Street to accommodate additional landscaping is part of the BPPA's beautification plan.
The new landscaped areas will be planted with clusters of Queen Palms. The City Traffic
Engineer has determined that there would be minimal adverse impacts to traffic circulation due
to the narrowing of Balboa Boulevard if a 200 -foot long taper is used.
The final feature of this design calls for the construction of a median island at "A" Street that
could accommodate a proposed sign kiosk. Many tourists get confused in this area in their
search for routes to the Ferry, Pavilion, and Coast Highway. Illegal U -turns on Balboa
Boulevard frequently occur due to navigational errors. The sign kiosk is proposed to reduce
confusion and thereby reduce inadvertent traffic through the residential neighborhoods.
The engineer's construction cost estimate is $526,000.00. Sufficient funds are available in the
FY 1998 -99 appropriation for this project. Staff proposes to bid the project in March in order to
complete construction of the Main /Balboa intersection before summer. The remainder of the
work will be done during the summer and early fall.
C J
The Public Works Department has prepared the plans and specifications for the road
resurfacing. An architectural firm was retained to design the interlocking pavers at the
intersection of Balboa Boulevard at Main Street. These plans are available in the Public Works
Department and will be in the City Council Conference Room before the meeting.
It is recommended that the project plans and specifications be approved and project be •
advertised for bids.
Res Ily sull tted
Don ebb
Public Works Director
By: ' d/
Ed Wimmer, P
Senior Civil Engineer
Attachments: Exhibit 1, Reduced Size Plan of Street Narrowing of Balboa Boulevard from "A"
Street to "B" Street
Exhibit 2, Reduced Size Plan of Enhanced Pavement Treatment for Intersection
of Main Street and Balboa Boulevard
•
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BALB04DBOULEVARD /MAd7 STREET
INTERSECTION
ENHANCED PAVEMENT TREATMENT
PLAN VIEW
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Exhibit 2
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CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
August 18, 1999
Nobest, Incorporated
P.O. Box 874
Westminster, CA 92684
Gentlemen:
Thank you for your courtesy in submitting a bid for the Balboa Boulevard
Reconstruction Main Street to G Street Project (Contract No. 3176) in the City of
Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely,
�� /. ��. fJa•�(:clz
LaVonne M. Harkless, CMC /AAE
City Clerk
3300 Newport Boulevard, Newport Beach
0 0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(949) 644 -3005
August 18, 1999
Excel Paving Company
P.O. Box 16405
Long Beach, CA 90806 -5195
Gentlemen:
Thank you for your courtesy in submitting a bid for the Balboa Boulevard
Reconstruction Main Street to G Street Project (Contract No. 3176) in the City of
Newport Beach.
Enclosed is the Bid Bond which accompanied your proposal for the above mentioned
project. Your cooperation in working with us on this matter is greatly appreciated, and
we hope that you will accept future opportunities to bid on projects of a similiar nature.
Enclosure
Sincerely,
LaVonne M. Harkless, CMC!AAE
City Clerk
3300 Newport Boulevard, Newport Beach