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C-3268 - Marine Avenue South of Balboa Island Bridge Reconstruction
CI'T,OF NEWPORT BIACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 August 31, 1999 JDC, Inc. Attn: James de Armond P. O. Box 3448 Rancho Cucamonga, CA 91729 Subject: Marine Avenue, South of Balboa Island Bridge, Intersection Reconstruction, (C -3268) To Whom It May Concern: On July 26, 1999, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code. The Notice of Completion was recorded by the Orange County Recorder on July 27, 1999, Reference No. 19990547290. The Surety for the contract is Fidelity and Deposit Company of Maryland, and the bond number is 8084504. Enclosed are the bidders bond, the labor & materials payment bond and the faithful performance bond. Sincerely, 14 1 �T dIT"LaVonne M. Harkless, C /AAE City Clerk LH:cf cc: Public Works Department Horst Hlawaty, Construction Engineer encl. 3300 Newport Boulevard, Newport Beach PAGE 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINE AVENUE /ALLEY 400 A & B INTERSECTION RECONSTRUCTION CONTRACT NO. 3268 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held �5�firmly bound to the City of Newport Beach, a charter city, in the principal sum of O Dollars ($ ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of MARINE AVENUE/ALLEY 400 A & B INTERSECTION RECONSTRUCTION, Contract No. 3268 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 day of Name of Contractor (Principal) Name of Surety Address of Surety Telephone 19_ Authorized Signature/Title Authorized Agent Signature Print Name and Title A—(7—a-a- (Notary acknowledgment of Principal & Surety must be attached) 9 0 Bond No. 8035837- 25 Fidelity and Deposit Company HOME OFFICE OF MARYLAND BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, JDC, INC. BALTIMORE, MD 21203 Principal, (hereinafter called the "Principal "), and, of the FIDELrrY AND DEPOSIT COMPANY OF MARYLAND, P.O. Box 1227, Baltimore, Maryland 21203, a corpora- tion duly organized under the laws of the State of Maryland, as Surety; (hereinafter called the "Surety") are held and firmly bound unto CITY OF NEWPORT $E_ACH Obligee, (hereinafter called the "Obligee "), in the sum of TEN PERCENT OF THE BID AMOUNT- - - - - - - - - Dollars ($ (107 OF BID ) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for MARINE AVENUE ALLEY 400 A -B INTERSECTION RECONSTRUCTION 113268. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said'bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this.— 8th -day of-- APRIL _ - -_ p.D., 19 99 - -JDC � -- INC_ - ----- -- -- -- - - -- - -- - --- -(SeAL) Principal - ----- --- Witness ' ---- ------ — ------"-------- - -- - --- JAMES ARMOND, PRESIDENT Title FIDELITY AND DEPOSIT COMPANY OF MARYLAND _ - Swety _ By_ (SEAL) Witness Title c32x- 5M.541223979 PATRICIA M. WHITE, ATTORNEY IN FACT c.(o b Amw:o,1 I ®iplc of A kB D� AJIO, Fmwry 'm ukm. CALIFORNIA ALL- PURPOS KNOWLEDGMENT State of CALIFORNIA County of ORANGE On APRTT, R� Tgoq before me, MTGHF.T.T.F. F.- SANr.HFz, NoTARV PTTRi Tr- — — , DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC' W. 9901 personally appeared PATRICIA M. WHITE, ATTORNEY IN FACT- - - - - - - - - - - - - NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(79) whose name(a) isA subscribed to the within instrument and ac- knowledged to me that /shedtty executed the same in I' /her / *qjR authorized unouneeeenuenunuueenueeeneneuneuneuenn capacity(M), and that by P /her /t4X *K MICHELLE E. SANCHEZ ; signature( on the instrument the person(1g), - COi,1N1. 1091134 NOTARY PUS' _IGCALIFORNIA+ z or the entity upon behalf of which the LOS ANGELES COUNTY - person(16) acted, executed the instrument. My COMM. Expires Mar. 17, 2000 muueweunu una na eawauuawuuuuuunnmY WITNESS my hand and official seal. ) SIGNATURE 0 /F,MbTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL © ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTrTY(IES) . FIDELITY AND DEPOSIT COMPANY OF MARYLAND DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR TYPE OF DOCUMENT -I- NUMBER OF PAGES 4 -8 -99 DATE OF DOCUMENT N/A SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Rennet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 0 0 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203 -1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by W. B. WALBRECHER, Vice - President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, Rtdhi-Laws of Company, which are set forth on the reverse side hereof and are hereby certified to be in full effect date hereof, does hereby nominate, constitute and appoint Patricia M. White, of Fullerton, C its d lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf rely, an act and deed: any and all bonds and undertakings and the execution of such bonds or unde s in p e of these presents, shall be as binding upon said Company, as fully and amply, to all intents and es, as if d been duly executed and acknowledged by the regularly elected officers of the Company at its o Bait' d., in their own proper persons. This power of attorney revokes that issued on behalf of Patricia W ite, data 'i ary 19, 1998. The said Assistant Secretary does hereby Article VI, Section 2, of the By -Laws of saiq IN WITNESS WHEREOF, the said V esident affixed the Corporate Seal of the saLITYn February, A.D. 1999. ^C ATTEST: SERI. FIDELITY AND : set forth on the reverse side hereof is a true copy of in force. it Secretary have hereunto subscribed their names and IT COMPANY OF MARYLAND, this 18th day of COMPANY OF MARYLAND In T. E. Smith Assistant Secretary State of Maryland } ss: County of Baltimore J 6�",ca", W. B. Walbrecher Vice- President On this 18th day of February, A.D. 1999, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. Walbrecher, Vice - President and T. E. Smith, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swom, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. J Carol Carol Fa r Notary Public Public My Commissi i Expires: August 1, 2000 L142MI2 4152A CALIFORNIA ALL- PURPOSSCKNOWLEDGMENT • State of CALIFORNIA County of ORANGE On APRIL S, 1999 DATE before me, PATRICIA M. WHITE, NOTARY PUBLIC- - - - , NAME, TRLE OF OFFICER - E.G.. 'JANE OOE, NOTARY PUBLIC' personally appeared JAMES DE ARMOND- No. 590> NAMES) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(g) whose name(*) ishow subscribed to the within instrument and ac- knowledged to me that heexecuted the same in hisYJUWM== authorized capacityC4M), and that by hisbucoUbLeju signature(g) on the instrument the person(t), or the entity upon behalf of which the person(m) acted, executed the instrument. WITNESS my hand and official seal. Commission # "27052 i votary PR:CIiC — Ca lfomia _ Orange County My Comm. Exp5 Mar 'ue5 Mar 3.2001 \\ SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL U CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTRY(IES) DESCRIPTION OF ATTACHED DOCUMENT BID BOND TITLE OR TYPE OF DOCUMENT -1- NUMBER OF PAGES DATE OF DOCUMENT N/A SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmel Ave., P.O. Box 7184 - Canoga Perk, CA 5/3097184 n L-A PAGE 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINE AVENUEIALLEY 400 A & B INTERSECTION RECONSTRUCTION CONTRACT NO. 3268 FOUR EXECUTED ORIGINALS BOND NO. ana45n4 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to J.D.C., Inc., hereinafter designated as the "Principal," a contract for construction of MARINE AVENUE/ALLEY 400 A & B INTERSECTION RECONSTRUCTION, Contract No. 3268 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3268 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and, J.D.C., Inc., duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held firmly bound unto the City of Newport Beach, in the sum of thirty-seven thousand, three hundred thirty -five Dollars ($37,335.00), lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 0 • PAGE 15 The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 5th day of MAY —.19 99. JDC, INC. Name of Contractor (Principal) FIDELITY AND DEPOSIT COMPANY OF MARYLAND Name of Surety 225 S. LAKE AVE., SUITE 700 PASADENA, CA 91101 Address of Surety (6261 792 -2311 Telephone y,�, 00-C,0, Aut orized Signature/Title ZS DE ARMOND, PRESID Authorized Agent Signature PATRICIA M. WHITE, ATTORNEY IN FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED CALIFORNIA ALL- PURPOSAKNOWLEDGMENT • State of CALIFORNIA County of ORANGE On MAY 5. 1999 before me, MICHym.F. F.. SANcuFa, NaTARY PiTAi Tr— — — , DATE NAME, TITLE OF OFFICER - E.G.. 'JANE DOE, NOTARY PUBLIC' No. 590] personally appeared PATRICIA M. WHITE, ATTORNEY IN FACT— — — — — — — — — — — — — NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(l) whose name(Z) isMm subscribed to the within instrument and ac- knowledged to me thatWXsheXX1R executed the same in ,gi l /her / authorized capacity(i "), and that by /her /141§*X signature(so on the instrument the person(*), or the entity upon behalf of which the person(11) acted, executed the instrument. I�annumununaamnemma °uugnuOmNaaaa WITNESI my hand and offic' seal. MICHELLE E. SANCHEZ COMM. #1091134 L NOTARY PUBLIC-CALIFORNIA y1 '� ✓' LOS ANGELES COUNTY 5 My Comm. Expires Mar. 11, 2000 SIGNATURE OF NOTARY 9lonmauanuauum an °a °nnenuuunnbaanalr OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER Tm.E(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL © ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DESCRIPTION OF ATTACHED DOCUMENT BOND TITLE OR TYPE OF DOCUMENT —2— NUMBER OF PAGES 5 -5 -99 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENmY(IES) N/A FIDELITY AND DEPOSIT COMPANY OF MARYLAND SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmat Ave., P.O. Box 7184 • Canoga Perk, CA 91309.7184 11 Power of Attomey FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203 -1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by W. B. WALBRECHER, Vice - President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of th Laws of Company, which are set forth on the reverse side hereof and are hereby certified to be in full fo effect date hereof, does hereby nominate, constitute and appoint Patricia M. White, of Fullerton, C is, its d lawful agent and Attomey -in -Fact, to make, execute, seal and deliver, for, and on its behalf ety, an act and deed: any and all bonds and undertakings and the execution of such bonds.or and s in p e of these presents, shall be as binding upon said Company, as fully and amply, to all intents and en s, as if d been duly executed and acknowledged by the regularly elected officers of the Company at its o Baltid., in their own proper persons. This power of attorney revokes that issued on behalf of Patricia atg 19, 1998. The said Assistant Secretary does hereby Article VI, Section 2, of the By -Laws of sai4 IN WITNESS WHEREOF, the said V affixed the Corporate Seal of the February, A.D. 1999. ATTEST: SEAL FIDELITY AND W set forth on the reverse side hereof is a true copy of is. ow in force. ,kisistant Secretary have hereunto subscribed their names and DEPOSIT COMPANY OF MARYLAND, this 18th day of COMPANY OF MARYLAND 0 T. E. Smith Assistant Secretary Stare of Maryland } SS: County of Baltimore W. B. Walbrecher Vice - President On this 18th day of February, A.D. 1999, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. Walbrecher, Vice- President and T. E. Smith, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swom, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. d°'%'\46 L 142"12-4152A Carol J. Far Notary Public My CommtssivgExpkes: August 1, 2000 CALIFORNIA ALL- PURPOSIOCKNOWLEDGMENT • State of CALIFORNIA County of ORANGE On MAY 5, 1999 before me, PATRICIA M. WHITE, NOTARY PUBLIC- - - - , DATE NAME, TITLE OF OFFICER - E.G.. "JANE DOE, NOTARY PUBLIC No. 5907 personally appeared JAMES DE ARMOND- - - - - - - - - - - - - - - - - - - - - - - 1 ME(S) OF SIGNER(S) NA ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(.§) whose name(is) ishaw subscribed to the within instrument and ac- knowledged to me that hem executed the same in hisX%XWM%U authorized capacity(), and that by his&LvnNxajc signature(g) on the instrument the person(l;), or the entity upon behalf of which the person(z) acted, executed the instrument. PATRICIA M. wulrE C C(NTxn45sim M "27(:52 NOtOy PUbdC— CQftrrJO WITNESS my hand and official seal. Orange camrr My Conm, Expies PAa 3. 2tp1 r SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL U CORPORATE OFFICER PRESIDENT TmEM ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(ES) DESCRIPTION OF ATTACHED DOCUMENT BOND TITLE OR TYPE OF DOCUMENT -2- NUMBER OF PAGES 5 -5 -99 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01 993 NATIONAL NOTARY ASSOCIATION - 8238 Aemmes Ave.. P.O. Box 7184 - Canoga Park, CA 91309.7164 0 0 PAGE 16 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINE AVENUE /ALLEY 400 A & B INTERSECTION RECONSTRUCTION CONTRACT NO. 3268 FOUR EXECUTED ORIGINALS _ • • ," r FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ rilR.nn being at the rate of $ 14.40 thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion awarded to J.D.C., Inc., hereinafter designated as the "Principal ", a contract for construction of MARINE AVENUE /ALLEY 400 A & B INTERSECTION RECONSTRUCTION, Contract No. 3268 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. 3268 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and J.D.C., Inc., 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 thirty -seven thousand, three hundred thirty -five Dollars ($37,335.00), lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. • 0 PAGE 17 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 duly executed by the Principal and Surety above named, on the 5th day of MAY , 19 99 In .r /TV JDC, INC. I O Name of Contractor (Principal) Autho zed Signature/Title FIDELITY AND DEPOSIT COMPANY OF Name of Surety 225 S. LAKE AVE., SUITE 700 Address of Surety PASADENA, CA 91101 (626) 792 -2311 Telephone JAMES DE ARMO PRESIDENT MARYLAND Authorized Agent Signature PATRICIA M. WHITE, ATTORNEY IN FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 1/99 CALIFORNIA ALL- PURPOS &KNOWLEDGMENT • State of CALIFORNIA County of ORANGE On MAY 5, 1999 before me, MTCHF.T.T.F. F. CANT HF.7- NOTARY PTTRT Tr— — — , DATE NAME, TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC' No. seo7 personally appeared PATRICIA M. WHITE, ATTORNEY IN FACT— — — — --- — — — — — — — ' NAME(S) OF SIGNERS) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(g) whose name(t) ist4M subscribed to the within instrument and ac- knowledged to me that*8 /she$AXy executed the same in h%/her/kijgjR authorized capacity(I"), and that by /her /fax U signature(8t) on the instrument the person(§), or the entity upon behalf of which the person(z) acted, executed the instrument. nennnesnlnnnnnnn1e11nnn1111g11111tl1111 MICHELLE E. SANCHE2 , CotitM. # 1091134 WITN S y hand and official i,/7 NOTARY PUBLIC- CALIFORNIAin LOS ANGELES COUNTY My Comm. Expires Mar. 17, 2000 Innenuumemumeeeeeeelteenllnneleuuneeeeue C SIGNATURE OF NOT Y OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL © ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: BOND TITLE OR TYPE OF DOCUMENT —2— NUMBER OF PAGES 5 -5 -99 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR EWITY(IES) N/A FIDELITY AND DEPOSIT COMPANY OF MARYLAND SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 11236 RenvW Ave., P.O. Box 7161 - Canoga Pads, CA 51309 -7184 CALIFORNIA ALL- PURPOSE CKNOWLEDGMENT • State of CALIFORNIA County of ORANGE On MAY 5, 1999 before me, PATRICIA M. WHITE, NOTARY PUBLIC- - - - , DATE NAME. TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC No. SWT personally appeared JAMES DE ARMOND- - - - - - - - - - - - - - - - - - - - - - - ' NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(V) whose name(is) is/ew subscribed to the within instrument and ac- knowledged to me that hem executed the same in hisX14XWATlbK authorized capacity(j%§), and that by hisjhgxdbaiic signature(s) on the instrument the person(;§), or the entity upon behalf of which the M. wunE C person(5) acted, executed the instrument. # „27r 2 @EFP:A1RICIA — CaIBoIND ,, ACT 1 71207 WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL CORPORATE OFFICER PRESIDENT TmE(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON($) OR ENTTTY(IES) DESCRIPTION OF ATTACHED DOCUMENT :81� -2- TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 5 -5 -99 DATE OF DOCUMENT N/A SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 913D9.7184 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk MOO' Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 0 Recorded in the County of Orange, California Gary L. Granville, Clerk /Recorder 11111f IiII111fi111I111111NiNIlIIN11111111111 1iI1111111111JI111 No Fee 19990547290 11; 54am 07/27/99 005 12058841 12 27 W2 1 6.00 0.00 0.00 e . e0 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and JDC, Inc., of Rancho Cucamonga, California, as Contractor, entered into a Contract on April 26, 1999. Said Contract set forth certain improvements, as follows: Marine Avenue, South of Balboa Island Bridge, Intersection Reconstruction, C -3268 Work on said Contract was completed on June 17, 1999, and was found to be acceptable on July 26, 1999, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. BY _/��p(a1ir►ti Public Works Director, &A ,9 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 t C.t,i =� 7� /`��/ j at Newport Beach, California. BY City Clerk �'�A cC ) • July 26, 1999 JUL 2 6 .APB CITY COUNCIL AGENDA ITEM NO. 9 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: MARINE AVENUE, SOUTH OF BALBOA ISLAND BRIDGE, INTERSECTION RECONSTRUCTION — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3268 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. DISCUSSION: On April 26, 1999, the City Council authorized the award of the Marine Avenue South of Balboa Island Bridge Intersection Reconstruction to JDC, Inc., of Rancho Cucamonga, California. The contract provided for the reconstruction of the deteriorated concrete roadway and two curb access ramps on Marine Avenue at the southerly end of the Balboa Island Bridge approach. The construction has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $37,335.00 Actual amount of bid items constructed: 37,239.00 Total amount of change orders: 4,600.00 Final contract cost: $41,839.00 The final overall construction cost including change orders was 12% over the original bid amount and was approved by the City Manager. One change order in the amount of $4,600 provided for the removal and replacement of extra thick Portland Cement Concrete pavement not shown on the plans. 0 SUBJECT: Marine Avenue, South Aboa Island Bridge, intersection Reconstruction, Coletion and Acceptance of Contract No. 3268 July 26, 1999 Page 2 Funds for the project were budgeted in the following funds: Description Account Number Amount General Fund (Street, Bike & Parking Lot 7013- C5100019 $ 804.00 Striping) General Fund (Marine Ave. Reconstruction) 7013- C5100492 1,035.00 Gas Tax (Marine Ave. Reconstruction) 7181- C5100492 40.000.00 TOTAL $41,839.00 All work was completed on June 17, 1999, one day ahead of the scheduled completion date. The contractor, JDC, Inc. is to be commended for a job well done under an extremely tight schedule. He was able to complete the project in four days and thus minimize the impact to the residents and businesses on Balboa Island. Respectfully submitted, P'uU4 tt mJu-,-�' PUBLIC WORKS DEPARTMENT Don Webb, Director B Horst Hlawaty, P.E. Construction Engineer Users\pbwl shared tcoundhfy99- 00Vuly- 261Madne C -3268 L RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt rom reco mg ees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and JDC, Inc., of Rancho Cucamonga, California, as Contractor, entered into a Contract on April 26, 1999. Said Contract set forth certain improvements, as follows: Marine Avenue, South of Balboa Island Bridge, Intersection Reconstruction, C -3268 Work on said Contract was completed on June 17, 1999, and was found to be acceptable on July 26, 1999, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Deposit Company of Maryland. BY /;LCK�et'/nc.Me Public Works Director, &Ay 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 *11LI �/7� � 9�/ y at Newport Beach, California. BY J/ N City CITY CLERK CITY OF NEWPORT BEACH NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768 Newport Beach, CA 92658 -8915 until 11:00 a.m. on the 15TH day of April 1999, at which time such bids shall be opened and read for MARINE AVENUEIALLEY 400 A & B INTERSECTION RECONSTRUCTION Title of Project Contract No. 3268 $ 38,000.00 Engineer's Estimate Approved by (AaLa W- William Pathpbff City Engineer Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA 92658 -8915. For further information, call Fonq Tse, Project Manager at (949) 644 -3311. PAGE 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINE AVENUE /ALLEY 400 A & B INTERSECTION RECONSTRUCTION CONTRACT NO. 3268 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. 0 0 PAGE 2 The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 8. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. The signature below represents that the above has been reviewed. 6�qs3cl A Contractor's License No. & Classification J-0 ! u C Bidder Q C) 11 -�\ IDst1- Authorized Signature/Tit e Z- - It:�-- 59 Date PAGE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINE AVENUEIALLEY 400 A & B INTERSECTION RECONSTRUCTION CONTRACT NO. 3268 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. 2. 3. 4. 5. 6. 7. B. 9. 10. Bidder Subcontract Work Subcontractor Address 9 0 PAGE 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINE AVENUE /ALLEY 400 A & B INTERSECTION RECONSTRUCTION CONTRACT NO. 3268 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he /she has performed and successfully completed. Year Project Person Telephone Completed Name /Agency To Contact Number �l9 Cep, —�_TZ91,X.ol , CA k,,-- OIUCL &.+C-Ls,, PAGE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINE AVENUEIALLEY 400 A & B INTERSECTION RECONSTRUCTION CONTRACT NO. 3268 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of J/ JYI being first d ly sworn, deposes and says that he or she is Dct — of L �I e, , the party making the foregoin 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. c� DC ,NC Bidder Autho ized Signaturerritle Subscribed and sworn to before me this _ day of '19-- [SEAL) Notary Public My Commission Expires: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • State of CALIFORNIA County of ORANGE On APRIL 8, 1999 before me, PATRICIA M. WHITE NOTARY PUBLIC- - - - DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC' personally appeared JAMES DE ARMOND- W. 5901 NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person() whose name(16) is/1m subscribed to the within instrument and ac- knowledged to me that heexecuted the same in hisXh)M1 MK authorized capacity(j@&�), and that by hisYkxxAbLejv signature(s) on the instrument the person(t), or the entity upon behalf of which the person(ls) acted, executed the instrument. RA CIA M WHFE COMM 27052 t WITNESS my hand and official seal. :an> z „I N Votary PubR, California Orange County My Comm. Expve6 Mar 3.2001 . -- ...... ... -. t SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent, fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT El7 INDIVIDUAL L.74 CORPORATE OFFICER NON COTiIISTQN APPT➢AlITT PRESIDENT TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL -1- El ATTORNEY -IN -FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR 4 -8 -99 ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: / NAME OF PERSONS) OR ENRTY(tE% N / A Inc., INC SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION . 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, GA 91309 -7184 PAGE 7 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINE AVENUE /ALLEY 400 A & B INTERSECTION RECONSTRUCTION CONTRACT NO. 3268 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. 0 0 PAGE 8 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MARINE AVENUE /ALLEY 400 A & B INTERSECTION RECONSTRUCTION CONTRACT NO. 3268 CONTRACT THIS AGREEMENT, entered into this 26th day of April, 1999, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and J.D.C., Inc., hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: MARINE AVENUE /ALLEY 400 A & B INTERSECTION RECONSTRUCTION Project Description 3268 Contract No. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractors 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. 3268, 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. PAGE 9 C. COMPENSATION As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of thirty-seven thousand, three hundred and thirty -five Dollars ($37,335.00). This compensation includes: (1) Any loss or damage arising from the nature of the work, (2) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (3) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. D. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. E. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor and to City, addressed as follows: CITY City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Fong Tse (949) 644 -3330 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: CONTRACTOR J.D.C., Inc. P.O. Box 3448 Rancho Cucamonga, CA 91729 Attention: James de Armond (909) 899 -4841 Contractor, by executing this Contract, "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." G. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. Contractor shall furnish City with 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 10 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. 4 PAGE 11 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. 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 PAGE 12 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 EXECUTION Execution of this Contract and all other Contract Documents by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. Page 13 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 APPR AS TO FORM: CITY A ORNEY CITY OF NEWPORT BEACH A Municip Corporation By: Dennis D. O'Neil, Mayor CONTRACTOR By: 2t ia� Auth rized Signature and Ti e 04/20/99 05/07/1999 PHq.."< (949)852 -0909 FAX (949)852 -1131 I THIS CERTIFICATE 151SSUEOA lilestone Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. 8 o x 19 598 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Eight Corporate Park, Ste 130 COMPANIES AFFORDING COVERAGE .._ - .. .. ........ ............. ............ _. _........... .......... Irvine, CA 92623 -9598 � COMPANY Valley For r g Insuran . ce Comm . pany .. .. .. Attn: Sara Achziger Ext: 206 A INSURED COMPANY Transportation Insurance CO. James DeArmond Construction, Inc. B DBA: JDC .............. ............. ......__ ...., .......... ........... P.O. Box 3448 COMPANY C Rancho Cucamonga, CA 91729 -3448 ........ .......... ..,... - -..- -. - ..,.., - - .........,..,.. ....,..,..,.... COMPANY D INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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. . _..... ......__...._..- ... .. -_._.. _._.. ..._._.._.._ _._.,.. _. _... ...._.. .... __.._ -. .__- .... ......... . _. ..... _. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVEPOLICV EXPIRATION'. LIMITS L _ DATEIMM/DD/YV) DATE(MM /DD/YY) ..GEGENERAL LIABILITY i GENERAL AGGREGATE :.............................................:....... $ 2,000,000 X COMMERCIAL GENERAL LIABILITY ,:..,..;,.... _..., R ER THAN AUTO ONLY PRODUCTS- COMP /OP AGO ......_.................._..... $ _ 11000,.000.. CLAIMS MADE i X 'OCCUR: ` EACHACCIDENT $ PERSONAL& AOV INJURY $ 1,000 000 A -- -" 5073288497 07/01/1998 07/01/1999 °' - -- - --' ' .....0 OWNER'SBCONTRACTOR'S PROTi B X UMBRELLA FORM :1073288452 EACHOCCURRENCE ........... .. _ _ . $ 1.000,000 ........ _ _. _.,... ... .............. 1 ............ ..... . ., i i FIRE DAMAGE (Any o fire) ne ...............__..........._..... ............. $ 50,000 ...... .......... ............. ........ TORY LIMITS ; ER :> MED EXP (Any one person) $ 5 '000 AUTOMOBILE LIABILITY .......:: ._..... EL EACH ACCIDENT $ 1,000,000 B " -- THE PROPRIETOR/ :10732$8483 : COMBINED SINGLE LIMIT $ X ANY AUTO i : EL DISEASE POLICY LIMIT $ ....__._.. __._._ __. _._.... _.... 1,000,000 _._._ ........................ ALL OWNED AUTOS EL DISEASE - EA EMPLOYEE $ 1,000.000 BODILY INJURY .._. ... SCHEDULED AUTOS : (Per person) $ A IC173288466 s 07/01/1998 07/01/1999 - - - - -- - - - - - -- - - -- HIRED AUTOS NON -OWNED AUTOS i BODILY INJURY (Per accident) $ ...... ............. ..... .... ....... // /,` INSURANCE APPR E 2.. r : PROPERTY DAMAGE $ GARAGE LIABILITY AUP ONLY EA ACCIDENT $ ., ANY AUTO D R ER THAN AUTO ONLY EACHACCIDENT $ - AGGREGATE $ EXCESS LIABILITY - ....... EACH OCCURRENCE $ i ' .. .. 1,000,000 . B X UMBRELLA FORM :1073288452 07/01/1998 '- 07/01/1999 AGGREGATE $ ....................... OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND TORY LIMITS ; ER :> EMPLOYERS'LIABILITY _: _. .. __. _.. .......:: ._..... EL EACH ACCIDENT $ 1,000,000 B " -- THE PROPRIETOR/ :10732$8483 q7 /01/1998 ' 07/01/1999 "° ... -'- '-- °t PARTNERS /EXECUTIVE .INCL i : EL DISEASE POLICY LIMIT $ 1,000,000 OFFICERS ARE: EXCL `. EL DISEASE - EA EMPLOYEE $ 1,000.000 ertificate Holder is named Additional Insured per the form G- 17957 -E (4/97) attached. E: Marine Avenue /Alley 400 A &B Intersection Reconstruction. Ten (10) day notice of cancellation for non - payment of premium or non - reporting of payroll. City of Newport Beach Public Works Department /Admin. Manager Attn; Fong Tse 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659 -1768 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL -10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Linda Brow U G- 17957 -E C/�A • • (Ed. 04/97) F*Ad .CiAm10 .x Kake THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (called additional insured) whom you are required to add as an additional insured on this policy under: 1. A written contract or agreement; or 2. An oral contract or agreement where a certificate of insurance showing that person or organization as an additional insured has been issued; but the written or oral contract or agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage," "personal injury" or "advertising injury." B. The insurance provided to the additional insured is limited as follows: 1. That person or organization is only an additional insured with respect to liability arising out of: a. Your premises; b. "Your work" for that additional insured; or c. Acts or omissions of the additional insured in connection with the general supervision of "Your work ". 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or agreement or in the Declarations for this policy, whichever is less. These Limits of Insurance are inclusive and not in addition to the Limits of Insurance shown in the Declarations. 3. Except when required by contract or agreement, the coverage provided to the additional insured by this endorsement does not apply to: a. "Bodily injury" or "property damage" occurring after: G- 17957 -E (Ed. 04/97) (1) All work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured at the site of the covered operations has been completed; or (2) That portion of 'Your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. b. "Bodily injury" or "property damage" arising out of acts or omissions of the additional Insured other than in connection with the general supervision of 'Your work". 4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," "personal injury,' or "advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, design or specifications; and b. Supervisory, inspection, or engineering services. 5. Any coverage provided under this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a contract specifically requires that this insurance be primary. 1msU0XCE APPROVE 7 �3 D / Page 1 of 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL MARINE AVENUE /ALLEY 400 A &B INTERSECTION RECONSTRUCTION C -3268 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659 -1768 Gentlemen: PR 1.1 The undersigned declares that he has carefully examined the location of the work, that he has observed the lane closure operations of the Balboa Island Bridge Seismic Retrofit Project, that he is aware of the scope and cost of the traffic control work required for this work, that he has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all work required to complete this Informal Contract in accordance with the Plans and Special Provisions, and that he will take in full payment therefore the following unit price for the completed item of work, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization Dollars and a Cents $��? Per Lump Sum 2. Lump Sum Traffic Control Dollars and e-- Cents $ Per Lump Sum PR 1.2 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 3. E 5. 2 Each Reconstruct P.C.C. Curb Access Ramp @ fJ `J49fa Dollars and Cents Per Each 2,800 S.F. Remove Existing and Construct Variable Thickness (6" Minimum) P.C.C.. Pavement @ /" /4/6f Dollars and Cents Per Square Foot 4 Each Adjust Utility Box and Cover to Grade @ Dollars and Cents Per Each 120 S.F. Reconstruct 4" Thick PCC Sidewalk $'7� $ c=_�oo"- @ �7I UL,- Dollars and Eb o- 0— Cents $ $ Per Square Foot PR 1.3 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 7. 15 L.F. Reconstruct Variable Height Type -B P.C.C. Curb ' @e, /J�^'� Dollars and Cents $C $ Per Linear Foot TOTAL PRICE IN WRITTEN WORDS Y �o�h I Ilars _ and `c ` Cents $ Total P ce Bidder's Name Bidder's Address Bidder's Telephone Number, Contractor's License No. & Date 0Q— (ti Cry y • • C 32 ,/` ►0-) C, 3aiov April 26, 1999 CITY COUNCIL AGENDA ITEM NO. 11 TO: Mayor and Members of the City Council APR 2 6 FROM: Public Works Department SUBJECT: MARINE AVENUE SOUTH OF BALBOA ISLAN9R4QrE_ . RECONSTRUCTION -AWARD OF CONTRACT NO. 3268 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3268 to JDC, Inc. of Rancho Cucamonga for the total bid price of $37,335 and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $3,700 to cover the cost of testing and unforeseen work. 4. Establish Account No. C5100492 to fund the Work. 5. Authorize a budget amendment to transfer $40,000 of the unused balance from Gas Tax Account No. 7181- C5100399 (Balboa Boulevard Reconstruction Medina Way / "A" Street) and $1,035 of the available balance from General Fund Account No. 7013- C5100019 (Street, Bikeway, and Parking Lot Striping) into Account Nos. 7013- C5100492 ($1,035) and 7181- C5100492 ($40,000). DISCUSSION: On April 15, 1999 at 11:00 a.m., the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID PRICE Low JDC, Inc. of Rancho Cucamonga $37,335 2 Hood Corporation of Corona $50,315 3 Nobest, Inc. of Westminster $58,750 The low total bid price of $37,335 is 1 % below the Engineer's estimate of $37,800. The low bidder, JDC, Inc. of Rancho Cucamonga, is a well- qualified general contractor who possesses a Class -A Contractor's License. JDC has satisfactorily completed construction projects for the City and other Southern California agencies. SUBJECT: Marine Avenue South of Balboa Island Bridge Reconstruction - Award of Contra 0. 3268 April 26, 1999 Page 2 This contract provides for the reconstruction of approximately 2,800 square feet of deteriorated concrete roadway pavement, 2 curb access ramps, 120 square feet of sidewalk, and other incidental work from the southerly approach of the Balboa Island Bridge to approximately 100 feet south of the North Bay Front alley. These replacements are necessary to replace the deteriorated pavement and decrease the water ponding condition at the work location. Portions of the existing pavement and a curb access ramp will be raised by as much as 4 inches to provide for improved drainage. The Public Works staff prepared the project plans and specifications. In order to minimize the inconvenience to the Balboa Island residents and businesses, JDC is required to begin work immediately after the lane closure operations for the Balboa Island Bridge Retrofit project have been completed. All construction work must be completed within 5 consecutive working days. Only one -half of Marine Avenue should be reconstructed at a time. All removals must be reconstructed on the same day with all reconstructed work being re- opened for public use no later than 7:00 p.m. of the same day. No portion of Marine Avenue shall be closed to vehicles overnight. The current budget does not provide for this project. It is recommended that funds be transferred from the below General Fund and Gas Tax accounts into Account Nos. 7013- C5100492 ($1,035) and 7181- C5100492 ($40,000) for the work: Source Project Name General Fund Street, Bikeway, and Parking Lot Striping Gas Tax Balboa Boulevard Reconstruction Medina Way /A" Street Account Number Amount 7013- C5100019 $ 1,035 7181- C5100399 $40,000 $41,035 These funds are surplus appropriations budgeted for the Street, Bikeway, and Parking Lot Striping project and for Balboa Boulevard Reconstruction Project from Medina Way to "A" Street. Respectfully submitted, 40.C44,e M . k4- PUBLIC WORKS DEPARTMENT Don Webb�Director By: Zfl FongTs& Associate Engineer Attachments: Bid Summary Budget Amendment f:\ users \pbw\ shared \council \ty98- 99\april- 26\marine alley.doc r' • rn � N d C� 0 H Z V W Q � W m Q Q' W On IL w� Z O LL O V V a Z O 2 O J LL Q � C3 F- � m C� L W F W U F z OZK 0 Wd N X E h a m m m N U m c d Q m c c m rn °J c L e 3 0 0 0 0 o a o 0 Z O O o o O G O p U 7 O 1 N O N cotyyc°oeLf) O H l9 H n Z w A W Q EA F N m 0 0 0 0 0 0 0 O O O 0 0 0 Z A O i O W X � M o Z vi Clt » 2' fA to f9 Z F- O O O S O S S S H N O •- ? O n n W f9 i9 fA OQ O 0 0 0 0 0 0 0 O O O O O N O OZ N ON�N tAZ O 7 of n 'A w N S ui ai 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 F- 000000vi uj Z o 0 0 0 0 o m O n w w» N Z¢ U 0 0 0 0 0 0 0 0 Z 00 rn`Aw�w 0 0 0 0 0 0 0 0 F o 0 0 0 0 0 0 oov °-CWot °o :3=O ON NW E N W n N 0 0 0 0 0 0 0 O O O h 0 0 0 c O O O eD O tp O M O OA YA M 0 0 N 7 M W W N X E h a m m m N U m c d Q m c c m rn °J c L e 3 qty of Newport Beach • NO. BA- _ 062 BUDGET AMENDMENT 1998 -99 AMOUNT: $41,035.00 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase in Budgetary Fund Balance Increase Budget Appropriations AND Decrease in Budgetary Fund Balance qX Transfer Budget Appropriations NX 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 appropriations for the reconstruction of deteriorated concrete roadway pavement, curb access ramps, sidewalk square footage and other incidental work on Marine Avenue south of Balboa Island Bridge. Appropriations are being transferred from the Balboa Boulevard Reconstruction project and the Street, Bikeway and Parking Lot projects. This is a new capital project account and therefore there have been no prior budget amendment to this account. ACCOUNTING ENTRY: BUDGETARYFUND BALANCE Fund Accoun Description General Fund 010 3605 Fund Balance Control REVENUE APPROPRIATIONS (3601) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Description Amount Debit Credit Division Number 7013 General Fund - Street Projects Account Number C5100019 Street, Bikeway, Parking Lot Striping $1,035.00 Division Number 7181 Gas Tax Fund Account Number C5100399 Balboa Blvd Reconstruction Medina Way /A: $40,000.00 Division Number 7013 General Fund - Street Projects Account Number C5100492 Marine Ave South of Bridge Reconstruction Division Number 7181 Gas Tax Fund Account Number C5100492 Marine Ave South of Bridge Reconstruction Division Number Account Number • Automatic Svsfem Signed: Signed: Signed: City Council Approval: City Clerk $1,035.00 $40,000.00 L 5k3 Date Date • Jity of Newport Beach BUDGET AMENDMENT 1998 -99 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Budget Appropriations AND qX Transfer Budget Appropriations PX from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: NO. BA- 062 AMOUNT: 541,035.00 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 appropriations for the reconstruction of deteriorated concrete roadway pavement, curb access ramps, sidewalk square footage and other incidental work on Marine Avenue south of Balboa Island Bridge. Appropriations are being transferred from the Balboa Boulevard Reconstruction project and the Street, Bikeway and Parking Lot projects. This is a new capital project account and therefore there have been no prior budget amendment to this account. ACCOUNTING ENTRY: Amount BUDGETARY FUND BALANCE Debit Credit Euild Account Description General Fund 010 3605 Fund Balance Control REVENUE APPROPRIATIONS (3601) = Fund /Division Account Description I I r a EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7013 General Fund - Street Projects Account Number C5100019 Street, Bikeway, Parking Lot Striping $1,035.00 Division Number 7181 Gas Tax Fund Account Number C5100399 Balboa Blvd Reconstruction Medina Way/A: $40,000.00 Division Number 7013 General Fund - Street Projects Account Number C5100492 Marine Ave South of Bridge Reconstruction $1,035.00 Division Number 7181 Gas Tax Fund Account Number C5100492 Marine Ave South of Bridge Reconstruction $40,000.00 Division Number Account Number ' Automatic Svstem Entrv. Signed: 41 `k —/ inanci roval: Finance Director Date Signed: Ad �inniistrative Approval: City / onager Date Signed: City Council Approval: City Clerk Date CITY OF NEWPORT EACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 May 18, 1999 Hood Corporation 1436 E. Sixth St. Corona, CA 91719 Gentlemen: Thank you for your courtesy in submitting a bid for the Marine Avenue /Alley 400 A & B Intersection Reconstruction (Contract No. 3268) in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal for the above mentioned project. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similiar nature. Enclosure Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 May 18, 1999 Nobest, Inc. P. O. Box 874 Westminster, CA 92684 Gentlemen: Thank you for your courtesy in submitting a bid for the Marine Avenue /Alley 400 A & B Intersection Reconstruction (Contract No. 3268) 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