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HomeMy WebLinkAboutC-3197 - City-wide ADA Curb Access Ramps-FY 1997/98CITY OF NEWPORT BNEWPORT ACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 November 16,1998 West Coast Construction, Inc. 3030 Oak Avenue Corona, CA 91720 Subject: Contract No. 3197 - Citywide ADA Curb Access Ramps On September 28, 1998, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. The Notice of Completion was recorded by the Orange County Recorder on October 9, 1998 - Reference No. 19980686802. The Surety for the contract is Redland Insurance Company and the bond number is RED1051286. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LH:li cc: Public Works Department Horst Hlawaty, Construction Engineer encl. 3300 Newport Boulevard, Newport Beach THE IN5TITUTE 09-ARCHITECTS e� Bid Bond KNOW ALL MEN -BY Tr:=- -E PRE: -ENTS, thatwe WEST MAST CONSTRUCTION 3030 OAK AVE CORONA, CA 91720 Q4f- �rait .y..., >. 4{ai as ?rincpaf, hereinafter tatted L'Te pnncpaf, and REMAND INSURANCE COMPANY 8751 N. 51ST AVE #121 GLENDALE, AZ 85302 w-- ;^ .ter ^ OW +d&�• -r 41,1 a corporation duly organized under the laws of the :face of IOWA as Surety, hereinaiter called dhe Surety, are held and firmly bound unto CITY OF NEWPORT BEACH as Cbiigee, hereinafter called the Cbiigee, in tt e Sun of TEN PERCENT OF AMOUNT BID*** Ccilars CS 10% OF BID*** for e p :yr^ „enc cf which oum we_ :(u d t ^aiy tp he .Made, the said principal and the said Sur_y, b'r. :d ourselves, our hers, executors, administrators. succascrs and assigns, joindy aad severally, Srniy by these ;re -eats. WjER :AS, the Principal has submitted a bid for 21,v- ...... !-V .. , idnsa and ae,ato CITY WIDE ADA CURB ACCESS RAhPS #3197 Now, T HEZVOItse if the Obligee shall acct ie bid of ie Trtecoal and the Piindpal sail enrer into a Cantra= with the Cblisee in ac— edaace wiLt ne terms of mr:1 bid. and #” U ch bond or bonds u may be specQed in the bidoins or Gntra= C=menU with good and sudleent sure-f Eor the faithful pesfomunce of such Canoa= and for ie prompt psymenc of labor and material furnished in the proseestion thereof. or in the Brent of the failtan of the trindaaf to enter sues C;ntnc: and give w4h bond or bonds, it tlse hinripal shalt pay b the CWSvie rue d8erexr not b ecrea ;he penalty hereof between the amount speetried in said bid and such Larger amount Ear which the Ctrgw may in good WLR contra= with anodes puny to perform the Woric =vvred by said bid, then its obi-;adan shah be nud and Void, ca-er.,ne v remain in Ew2 Earn and ,afire- Signed and sealed this 19TH (wita,ess) day of MAY (pnoopai) ILO INSURANCE"CChPANY a ry) (i'iae) KELLY A. SA ATTORNEY -IN -FACT is 98 AIA o4a;cjAHrer AJH • 510 eCNO - ALA 0 - FU*UA$T 17" ED - THE AMU CAM ts•rsnT.%XM Of AAC14MGT1, =5 K.T. AYf_ MW_ wA9,1t -C7CN, o. C. MOM : CALIFORNIA ALL 1ORPOSE ACKNOWLEMEMENT STATE OF CALIFORNIA S.S. CGC`= OP 5.2N °ERNARDIINO ) Cn `5h1 before me, = R,NCES LEFLER. NOTARY P11R1 T� personally appeared :KELLY A. SAIT"AN, ATTORNEY- TN -;:A(•T , X personally known to me; or proved to me on the basis of satisfactory evidence to be the cerson "-!r) whose name ) is subscribed to the within inst__ment and ac. <nc wI e Cec to me that ():e /she /-;Br- *) eXecul ed the same in iaiil^er/=- authorized capacity(--e-&T, and that the entity upon. behalf cf wrich the person(sT— acted, executed the instrument. W=-NESS m -r 'nand and official seal. (SEAL) f _.......1:.1:..:....11: . . FRANCES LEFLER Z S Z oOMMucAa9oRNrsc NiA? v � SAN BERPIARDIPIO COUNTY My Ccmm. Exp. May 14, 1999 1 +,43d On39gt3gi3q330qiqqp ;3439dr ? ^ -� XXX «XiXXi XXXYX'L XX TXT FX< ; ; ; «1x TixTXi'Xi X'`'Ix XXXXXX'RXX1' #S<t TXT< CA?ACT= ('T A TT±RD BY SIMMER: `_"hCUgh statute does not rea -uirs t o ncta= z to =ill in the data belcw, dc--'n, so may _rove invaluable to persons relyinc on the docamenz. =- dividual(s) Co= _yc ==ta Gf= cer(si es T fistse(s) Guardian /conservator tither. Signer is representing: and and anC Limited General + � ...� < + « : +s *�xt��,rX��,rt�r + + * ++ *.,rat * + *t + *+�,terr tart * :r + *:r +♦ ATTE:TT =0L7 NOTARY: Although the information requested below is opticnal, it could prevent fraudulent attachment of this certificate to unauthorized document. Title of t-r;,e of document: BOND Number of pages: Date of document: Sicner(s) other than named above: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUXENT DESCRIBED ABOVE. KASJI�r REDLAND INSURANCE COMPANY POWER OF ATTORNEY RED 1051203 KNOW ALL MEN BY THESE PRESENTS, THAT REDLAND INSURANCE COMPANY does hereby make, constitute and appoint JAY P. FREEMAN " FRANCES LEFLER " KELLY A. SAUMAN OF ONTARIO, CALIFORNIA its true and lawful Attorney -in -Fact, to make, execute and deliver on its behalf Surety bonds, undertakings and other instruments of similar nature as follows: WITHOUT LIMITATIONS AS TO TYPE AND AMOUNT This Power of Attorney is granted and sealed under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 18th day of October, 1993. "RESOLVED, that the Chairman of the Board, the President, an Executive Vice President or a Vice President be, and that each of them is, authorized to execute Powers of Attorney qualifying the Attorney -in -Fact named in the given Power of Attorney to execute in behalf of the Company, bonds, undertakings and other instruments of similar nature, and said officers may rename any such Attorney -in -Fact or agent and revoke any Power of Attorney previously granted to such person. FURTHER RESOLVED, that an Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with respect to any bond, undertaking or instruments of similar nature to which it is attached." IN WITNESS WHEREOF, REDLAND INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by its President this 18th day of October, 1993. Attest: PETER A. KNOLLA Secretary STATE OF IOWA ] s.s.: COUNTY OF POTTAWATTANIIE J Council Bluffs Q":OQP O iQ4. REDLAND INSURANCE COMPANY o U �'� M W ' .SEAL.. By �o ••., GNP[[ BlBffSxc JOHN P. NELSON President On this 18th day of October, 1993 before me personally came John P. Nelson, to me known, who being by me duly sworn did depose and say that he is President of REDLAND INSURANCE COMPANY the corporation described in and which executed the above instrument; that he knows the seal of the said corporation, that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. JEANETTEALDREDGE * * MY COMMISSION EXPIRES JEANETTE ALDREDGE 3trr99 NOTARY PUBLIC My Commission Expires Mazch 15, 1999 L the undersigned, Vice President of REDLAND INSURANCE COMPANY an Iowa corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed at the City of Council Bluffs, in the State of Iowa, dated the 19TH day of My , 199 ROGER D. STORDAHL Senior Vice President THIS DOCUMENT IS NOT VALID UNLESS PRINTED ON GREY SHADED BACKGROUND WITH A RED SERIAL NUMBER IN THE UPPER RIGHT HAND CORNER. THE BACK OF THIS DOCUMENT CONTAINS AN ARTIFICIAL WATERMARK -HOLD AT AN ANGLE TO VIEW. IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT. YOU ARE URGED TO CONTACT OUR POWER OF ATTORNEY CUSTODIAN AT I- 800 -26_ -5251. 101 / POA / 2/9A Y' � : •" � f !' I''�YS' {' t+1 .,yF`� �r : ='� 1. .. i. XECUTEI7 IN K'UR COUNTERPARTS • PAGE 15 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CITYWIDE ADA CURB ACCESS RAMPS CONTRACT NO. 3197 BOND NO. RED1051286 PREMIUM INCLUDED IN PERFORMANCE 13= LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to West Coast Construction, hereinafter designated as the "Principal," a contract for construction of Citywide ADA Curb Access Ramps, Contract No. 3197 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. 3197 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:REDLAND INSURANCE COMPANY NOW, THEREFORE, We the undersigned Principal, and, 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 twenty five thousand eight hundred ten and no /100 Dollars ($25,810.00), lawful money of the United States of America. said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. • • PAGE 16 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 :t. seq. of the Civil Code of the State of Cal: ornia. 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 13TH day of JULY —'19 98. 5 WEST COAST CONSTRUCTION Name of Contractor (Principal) Name of Surety 8751 N. 51ST AVENUE, S -121 GLENDALE, AZ 85302 Address of Surety Telephone Signature/Title Authorized A(geht Signature KELLY A. SAITMAN, ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED CO IFORNIA 0 ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) S.S. COUNTY OF SAN BERNARDINO ) On I before me, TERESA 82TL R, NOTARY PUBLIC personally appeared KELLY A. SATTMAN , X personally known to me; or proved to me on the basis of satisfactory evidence to be the person(a) whose name(A) is /tom subscribed to the within instrument and acknowledged to me that Qa /she/A*W executed the same in his /her /their authorized capacity($tm), and that the entity upon behalf of which the personoaq acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Signature of Notary Public CAPACITY MATED BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. Individual(s) Corporate Officer(s) Titles Partner(s) X Attorney -in -Fact Trustee(s) Guardian /Conservator Other: Signer is representing: and and Limited General ATTENTION NOTARY: Although the information requested below is optional, it could prevent fraudulent attachment of this certificate to unauthorized document. Title of type of document: Number of pages: Date of document: Signer(s) other than named above: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT ius /1e 7 _.r -'i., EXECUTED N FOUR COUNTERPART • PAGE 17 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CITYWIDE ADA CURB ACCESS RAMPS CONTRACT NO. 3197 BOND NO. RED1051286 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 279.00 , being at the rate of $ 7.20 PER thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to West Coast Construction, hereinafter designated as the "Principal", a contract for construction of Citywide ADA Curb Access Ramps, Contract No. 3197 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. 3197 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and[MLAND INSURANCE COMPANY , 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 twenty five thousand eight hundred ten and no/100 Dollars ($25,810.00), 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 0 PAGE 18 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 13TH day of JULY 11998 WEST MAST C`CSNSTRUCTTM Name of Contractor (Princ'.rsl) REMAND INSURANCE COMPANY Name of Surety 8751 N. 51ST AVENUE, 5 -121 M.FNnALP, A7 65307 Address of Surety 800 - 348 -9781 Telephone Autho � ed Signaturerfitle 'n` r l�h , Authorized Age ignature KELLY A. SAITMAN, ATTORNEY—IN—FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED C0_IFORNIA 0 ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) S.S. COUNTY OF SAN BERNARDINO ) On , V before me, TERESA AGUILAR, NOTARY p m .I(' , personally appeared KELLY A. SAITMAN , X _ personally known to me; or proved to me on the basis of satisfactory evidence to be the person(a) whose name(s) is /Am subscribed to the within instrument and acknowledged to me that Pw/she/A&aV executed the same in his /her /their authorized capacity(7[=), and that the entity upon behalf of which the personoso acted, executed the instrument. WITNESS my hand and official seal. (SEAL) J � Signature of Notory Public CAPACITY rT.AT7P. BY SIGNER: Though statute does not require the notary to fill in the data below, doing so may prove invaluable to persons relying on the document. Individual(s) Corporate Officer(s) Titles Partner(s) X Attorney -in -Fact Trustee(s) Guardian /Conservator Other: Signer is representing: and and Limited General ATTENTION NOTARY: Although the information requested optional, it could prevent fraudulent attachment of this to unauthorized document. Title of type of document: Number of pages: Date of document: Signer(s) other than named above: THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT ius /1a 7 below is certificate n u REDLAND INSURANCE COMPANY POWER OF ATTORNEY RED 1051288 KNOW ALL MEN BY THESE PRESENTS, THAT REDLAND INSURANCE COMPANY does hereby make, constitute and appoint JAl" P. FREEMAN « FRANCES LEFLER " KELLY A. SAMOAN OF ONTARIO. CALIFORNIA its true and lawful Attorney -in -Fact, to make, execute and deliver on its behalf Surety bonds, undertakings and other instruments of similar nature as follows: WITHOUT LIMITATIONS AS TO TYPE AND AMOUNT This Power of Attorney is granted and sealed under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 18th day of October, 1993. "RESOLVED, that the Chairman of the Board, the President, an Executive Vice President or a Vice President be, and that each of them is, authorized to execute Powers of Attorney qualifying the Attorney -in -Fact named in the given Power of Attorney to execute in behalf of the Company, bonds, undertakings and other instruments of similar nature, and said officers may rename any such Attorney -in- Fact or agent and revoke any Power of Attorney previously granted to such person. FURTHER RESOLVED, that an Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with respect to any bond, undertaking or instruments of similar nature to which it is attached." IN WITNESS WHEREOF, REDLAND INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by its President this 18th day of October, 1993. Attest: PETER A. KNOLLA Secretary STATE OF IOWA ) COUNTY OF POTTAWATTAMIE ) Council Bluffs IP OQ .� REDLAND INSURANCE COMPANY o ; U �•� ttt W i By t ....SEAL o�NCJf BLUFES�o JOHN P. NELSON President On this 18th day of October, 1993 before me personally came John P. Nelson, to me known, who being by me duly sworn, did depose and say that he is President of REDLAND INSURANCE COMPANY the corporation described in and which executed the above instrument, that he knows the seal of the said corporation, that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by// like ���,order. J� JEANETTE ALDREDGE d?,t -- * * MY COMMISSION EXPIRES JEANETTE ALDREDGE l /U/1 'D'at 3.15 -96 NOTARY PUBLIC My Commission Expaes March 15, 1999 1, the undersigned, Vice President of REDLAND INSURANCE COMPANY an Iowa corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. I,� n Signed and sealed at the City of Council Bluffs, in the State of Iowa, dated the l 3 day of JG '19 7 ROGER D. STORDAHL Senior Vice President i THIS DOCUMENT IS NOT VALID UNLESS PRINTED ON GREY SHADED BACKGROUND WITH A RED SERIAL NUMBER IN THE UPPER RIGHT HAND CORNER. THE BACK OF THIS DOCUMENT CONTAINS AN ARTIFICIAL WATERMARK -HOLD AT AN ANGLETO VIEW. IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT, YOU ARE URGED:,;.` "_1 TO CONTACT OUR POWER OF ATTORNEY CUSTODIAN.AT 1- 800 -262 -5253. '- 1011 POA1'.,'99 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in the County of Orange, California Gary L. Granville, Clerk /Recorder IllllIIIIIIIIIIIIIIIlBlllllllllllllllllllllllllllllllilll lllllli No Fee 19980686802 2:46pm 10/09/98 005 14019986 14 23 N12 1 6.00 0.00 0.00 0.00 0.00 0.00 "Exempt =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 West Coast Construction, Inc. of Corona, California, as Contractor, entered into a Contract on June 22, 1998. Said Contract set forth certain improvements, as follows: Citywide ADA Curb Access Ramps, C -3197. Work on said Contract was completed on August 3, 1998, and was found to be acceptable on September 28, 1998, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Redland Insurance Company. BY �i ^�0� 0 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 ( 7, , , ter BY City Clerk , at Newport Beach, California. .a ITp 1 try\ Cl • • • TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: COMPLETION AND ACCEPTANCE OF CITYWI RAMPS — CONTRACT NO. 3197 RECOMMENDATIONS: September 28, 1998 CITY COUNCIL AGENDA ITEM NO. 9 r 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 June 22, 1998 the City Council authorized the award of the Citywide ADA Curb Access contract to West Coast Construction, Inc. of Corona, California. The contract provided for the construction of curb access ramps and concrete bus stop pads at various locations within the City. 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: $25,810.00 Actual amount of bid items constructed: 27,408.50 Total amount of change orders: 156.00 Final contract cost: $27,564.50 The increase in the amount of actual bid items constructed over the original bid amount resulted from an increase of actual bid item quantities such as concrete sidewalk and access ramps. The final overall construction cost including change orders was 6.8% over the original bid amount. One change order in the amount of $156.00 provided for additional curb. SUBJECT: Completion And Acce* of Citywide ADA Curb Access Ramps - Contract *3197 September 28, 1998 Page 2 Funds for the project were budgeted in the General Fund - Street Account No. 7013- • C5200426 (City -wide ADA Curb Ramps). All work was completed on August 3, 1998, ahead of the August 10, 1998, scheduled completion date. Respectfully submitted, q PUBLIC WORKS DEPARTMENT Don Webb, Director By ����✓ Horst Hlawaty, P.E. Construction Engineer Attachment: Area Map • CJ \bplrys groups\pubw rks \taun0\fy98- 99\sep1 -28%da cur c3197.doo ' BAKER ST. i W CJ N ADAMS AVE. m ORANGE COAST m COLLEGE 9 °G� Z CITY OF ORANGE CO. �sro QJ5 ' Z = o Q FAIRGROUND ° O( COSTA iF m OF MESA g IRVINE m° LL VICTORIA ST. �� 22HO UPPER w UNIVERSITY w J NEWPORT, P BAYS U.C.I. U r 19TH ST. - -- / ITY ti i Z Sl 1P OF BISON AVE INEWP 'rq H �P ate'�BEAC i f ✓s / &S;; ' \�� •, ry , � , Sr � / � 1 FORA _ SAN R0. \\ \\ co NPT. Hyy CENTE >RESER. R '�1�BDA /O`er RD. a 1, BAC i01 is wD �.` B` p _ \ INA Y OCEAN VICINITY MAP 0 SCALE: 1" = 4400' Q>-- PROJECT LOCATION CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT EXHIBIT 'A" CITYWIDE ADA CURB ACCESS RAMP C-3197 . CITY CLEM PAGE 1 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 10:00 a.m. on the 28th day of May, 1998 , at which time such bids shall be opened and read for Citywide ADA Curb Access Ramps Title of Project Contract No. 3197 $35,000 Engineer's Estimate roved Don Webb Public Works Director Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA 92658 -8915. For further information, call James Brahler. Project Manager at (949) 644 -3311. 0 PUBLIC NOTICE AND NOTICE OF INVITING BIDS PAGE 1A Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, CA 92659 -1768 until 11:00 A.M. on the 27"' day of May, 1998, at which time bids will be opened and read for: CITYWIDE ADA CURB ACCESS RAMP Contract No. 3197 $35,000 Engineer's Estimate 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 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 and very low- income persons and business concerns owned by low- income and very 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, Newport Beach, CA 92659 -1768. For further information, please contact James Brahler, Project Manager, at (949) 644 -3311. PAGE 2 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CITYWIDE ADA CURB ACCESS RAMPS CONTRACT NO. 3197 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS BIDDER'S BOND DESIGNATION OF SUBCONTRACTORS TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 4. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. 5. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 6. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 7. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. PAGE 3 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 Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 2100 et seq. Of the Public Contracts Code, "subletting and Subcontracting Fair Practices Act." All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be 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 reports: 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 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, straighttime 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 E PAGE M 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 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 • PAGE M 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 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 that 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 0 0 PAGE W 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. 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 workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1'h 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 workweek. 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. 0 0 PAGE M 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 agrees to include or cause to be included the requirements of paragraph (a) through (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 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: a. 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. b. 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. c. 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. i • PAGE 3E 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 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 (40) 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 of 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. 21. Form Preparation: The following pages are indicative of many, but not all, federal forms that the Contractor will be required to prepare in compliance with federal rules and regulations. The signature below represents that the above has been reviewed. Ac Contractor's License No. & Classification Lk )e ,± ()Cb--�t Onn --s-. Bidder '--Xuthgrfzed Signature/Title ��1cl /g�' Date PAGE 5 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CITYWIDE ADA CURB ACCESS RAMPS CONTRACT NO. 3197 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Subcontract Work Subcontractor Address 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. I, e--,t 00C14 n 7z'+' �. Bidder Authon d Signature/Title • • PAGE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CITYWIDE ADA CURB ACCESS RAMPS CONTRACT NO. 3197 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 Completed Name /Agency q-� Person Telephone To Contact Number 1S�1� �CirK 1�UCII�Si 199 C' 1± oC C'hkno 41.115 -3b y -� Tacl C ��tt�i to r- Lcz ra l6t,::�f C Cna---,+ C'o,� n +. Bidder Signaturerritle a • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CITYWIDE ADA CURB ACCESS RAMPS CONTRACT NO. 3197 NON - COLLUSION AFFIDAVIT State of California ) ss. County ofTlv ex de ) PAGE 7 nc k --b,- Arn-io nJ being first duly sworn, deposes and says that he or-she is -P(es dint of], `cat (bait Chl -vS+. , 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. I oes+ (is+ cons —�H< <� /+���s, Bidder <-�uonz e Signature/Title Subscribed and sworn to before me this Iq day of P') [SEAL] TENAO'DELL M. 41108927 Notary Public My Commission Expires: —Ji) A/ 3s jW 6 , 6 6 PAGE CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CITYWIDE ADA CURB ACCESS RAMPS CONTRACT NO. 3197 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. r PAGE 9 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CITYWIDE ADA CURB ACCESS RAMPS CONTRACT NO. 3197 CONTRACT THIS AGREEMENT, entered into this 22n1 day of June, 1998, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and West Coast Construction, hereinafter "Contractor," is made with reference to the sollowing facts: A. WHEREAS, City has advertised for bids for the following described public work: CITYWIDE ADA CURB ACCESS RAMPS Project Description 3197 Contract No. B. 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: 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 Plans and Standard Special Provisions, Plans and Special Provisions for Contract No. 3197, Standard Specifications for Public Works Construction (current 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. 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: 0 0 PAGE 10 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 hcing necessary to produce the intended resul's 3. 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 twenty five thousand eight hundred ten and no /100 Dollars ($25,810.00). This compensation includes: (a) Any loss or damage arising from the nature of the work, (b) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (c) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 4. 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. Conf *actor's acceptance of the final payment shall constitute a waiver of all claims for corr.ransation 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. 5. 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: James Brahler (949) 644 -3311 6. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: West Coast Construction 3030 Oak Avenue Corona, CA 91720 (909) 736 -0632 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." Ll 7. INSURANCE E PAGE 11 (a) 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. (b) Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this Contract. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (c) 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. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. 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. 2. 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. 3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. B. Minimum Limits of Insurance Coverage limits shall be no less than: 1. 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. 2. Automobile Liability: $1,000,000.00 combined single limit per accident for bodily injury and property damage. 0 I] PAGE 12 3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. C. Deductibles ar:1 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. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages (a) 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. (b) 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. (c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, officials, employees and volunteers. (d) 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. (e) 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. 2. 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. 0 0 3. All Coverages PAGE 13 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. E. Acts of God Pursuant to Public Contract Code Section 7105, Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. F. 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. 8. RESPONSIBILITY FOR DAMAGES OR INJURY A. City and all off,cers, 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. B. 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. C. 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. 0 • PAGE 14 D. 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. E. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing aoy award of attorneys' fees in any action to enforce the terms of this Contract, except to the extent provided for in "C" above. F. The rights and obligations set forth in this Article shall survive the termination of this Contract. 9. 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. 10. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 11. 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 hereto have caused this contract to be executed the day and year first written above. Ar 17wPOa ATTEST: CITY CLERK TO FORM: CITY OF N PORT B ACH A Munici I:C o t' By: T oma dwards, Mayor CONTRACTOR Author ed Signature and Title A061U1m CERTIFICA OF INSURANCE 07 /10 /98 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Averbeck Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3270 Inland Empire Blvd #100 p HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ontario, CA 91764 COMPANIES AFFORDING COVERAGE COMPANY .. — _ .. .. _ ARanger Insurance /RIS INSURED Jack P. Dearmond DBA: West .• CO.. Coast I B Construction -- -- 3030 Oak Avenue COMPANY C Corona, CA 91720 - COMPANY D COVERAGES THIS IS 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. J CO TYPE OF INSURANCE POLICY NUMBER LTR POLICY EFFECTIVE OLICY EXPIRATION LIMITS DATE(MM/DD/YY) DATE(MM/DD Y) A GENERAL LIABILITY GL0677804 ! 05/07/98 05/07/99 I GENERAL AG_GREGATE .$2, 000 000 OMMERCIAL GENERAL LIABILITY DUCTS- COMP /OPAGG 1$1, 000 OOO CMS MADE X OCCUR! GXWNER`SI& : PERSONAL & ADV INJURY $1 , 000, O O O ' CONTRACTOR'S PROT EACH OCCURRENCE LLO 00,000 X'B�PD Ded:1, 000 , I FIRE _DAMAGE (My one fire) .I$50, 000 I MED EXP(Any one person) i$5 000 A A TOMIOBILELABILITY SBA355527 05/04/98 105/04/99 iCOMBINED SINGLE LIMIT $1, 000, 000 ALL OWNED AUTOS t—I I' SCHEDULED AUTOS BODILY INJURY ,$ I(Per person) HIRED AUTOS �- -I BODILY INJURY NON -OWNED AUTOS (Per accident) $ I :PROPERTY DAMAGE :$ :GARAGE LIABIQTY AUTO ONLY -EA ACCIDENT $ ANY AUTO _OTHER THAN AUTO ONLY: EACH ACCIDENT �$ AGGREGATE 1$ it EXCESS LIABILITY l : EACH OCCURRENCE UMBRELLA FORM AGGREGATE_. OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND ! STATUTORY LIMITS EMPLOYERS' LIABILITY - -- - __ 'EACH ACCIDENT is THE PROPRIETOR/ I INCL PARTNERS /EXECUTIVE I DISEASE-POLICY LIMIT '$ - - - - . OFFICERS ARE: i E %CL DISEASE -EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS /LOCATIONSIVEHICLES/SPECIAL ITEMS Re: City Wide ADA Curb Acess Ramps, Contract No. 3197, Newport Beach, CA Certificate holder, it officers, officials, and employees are additional (See Attached Schedule.) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Newport Beach EXPIRATION DATE THEREOF, THE ISSUING C MPANY WILL�MAIL 3300 Newport Boulevard *3O DAYS WRITTEN NOTICE TO THE FICATE HOLDER NAMED TO THE LEFT, Newport Beach, CA 92658 -AUWO?IZEP REPRES TATI ACORD 25S (3/93) 1 of 2 4 5 Q 9 31 DXM Q ACORD CORPORATION 1993 (Continued from paV9 1.) insureds per form attached. The cancellation clause has been amended to delete "endeavor to" and "but failure to..." wording. *Except 10 days for non - payment of premium. �CISGEM25.2(3/93)2 of 2 #50931 • / CG 20 10 10 POLICY NUMBER: GL0677804 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES 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 3300 Newport Boulevard Newport Beach, CA 92658 Project or Location: Re: City Wide ADA Curb Acess R Contract No. 3197, Newport Bea CA (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 Copyright, Insurance Services Office, Inc., 1984 STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142 -0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE MAY 29, 1998 POLICY NUMBER: 1344299 - 98 CERTIFICATE EXPIRES: 4­1-99 CITY OF NEWPORT BEACH' PUBLIC WORKS 3300 NEWPORT BLVD. NEWPORT BEACH CA 9265E-89i15 JOB: D -99 SIDEWAL.JS CURB .'•: GUTTER REPLACEMENT L This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. _ This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer. We will also give you TEN days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIit3ILiT`f LIbIII' INCI_UDI!JG CFFEP!S. COSTS: 47, 000,0f40 PER OCCURRENCE. EMPLOYER JPD CONSTRUCTION.6 ENGINEERING, INC. WEST COAST CONSTRUCTION 3030 OAK ST CORONA CA 31720 T HAS NED BA KGROUND sc,c 102621REV 3 "S) Page PR -1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL CITYWIDE ADA CURB ACCESS RAMPS CONTRACT NO. 3197 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, California 92663 -8915 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials except that material supplied by the City and shall perform all work required to complete Contract No. 3197 in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE Lump Sum Mobilization @7hi-re 1koL 5Sd cI Dollars and w o Cents Per Lump Sum 2. 3 Each Remove existing improvements and construct P.C.C. curb access ramp per Type "A". @Seorr\ ho,dr«4 �,OlDollars and i�i o Cents Per Each 3. 10 Each Remove existing improvements and construct P.C.C. curb access ramp per Type "B ". 0-53eoen 1lor,preA Dollars . and do Cents Per Each oa ao 00 $ -)w $ • 0 Page PR -2 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 9 Each Remove existing improvements and construct P.C.C. curb access ramp per Type "E" . (iU lr°uPl\ ku"io Cd Dollars and °" ��� /1 O� No Cents $ $ l'�3 Per Each 5. 2 Each Remove existing improvements and construct P.C.C. curb access ramp per Type "F. (oiGh� hurclr�cl Dollars and S °—° SOD rJ0 Cents $ $ Per Each 6. 3 Each Remove existing improvements and construct P.C.C. curb access ramp per Type "G ". @Mall -y hu xi6-C 6 Dollars and fv N O Cents $ -L UC $ a 1� 00 Per Each 7. 280 S.F. Remove existing improvements and construct 4 -inch thick P.C.C. sidewalk per STD - 180 -L. @ Gur Dollars S o ov and Ei P+,-J Cents $ Per Square Foot 8. Lump Sum Construct variable height P.C.C. slough wall. (ifwotiu. nnci Dollars d, and No Cents $ CPO $ Uob Per Lump Sum Page PR -3 TOTAL PRICE IN WRITTEN WORDS (1 eni t eve_ C)US oct , £' 6- t h�nrl, -C > Dollars and Total Price Bidder's Name (A )r Sf C13C S-/ (' b�Sir UCfiO� Bidder's Address SC>>C T>Cj k lJ� ., (DronCa � (-)j7aO Bidder's Telephone Number C� 10 31) -S(D- O (P3;�L Contractor's License No. & Classification wv D to utho zed Signature &Title 11 �� CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Pave West 320 North Palm Street, Suite A Brea, California 92821 Gentlemen: (714) 6443005 July 6, 1998 Thank you for your courtesy in submitting a bid for the Citywide ADA Curb Access Ramps (Contract No. 3197) 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, 4d�. In, LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach June 22, 1998 CITY COUNCIL AGENDA ITEM NO. _13_ S._ --FY11 tCIF :'CC) TO: MAYOR AND MEMBERS OF THE CITY COUNCIL I I JUN 2 2 { FROM: PUBLIC WORKS DEPARTMENT SUBJECT: CITY -WIDE ADA CURB ACCESS RAMPS -CONTRACT NO. 3197cl6A -Uj�u RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3197 to West Coast Construction for the total bid price of $25,810.00 and authorize the Mayor and the City Clerk to execute the Contract and establish an amount of $2,580.00 for construction testing and unforeseen work. 3. Authorize a budget amendment to transfer $17,800.00 from Account No. 7013- 05100041 (Curb Access Ramp Construction) and $10,590.00 from Account No. 7013- C5100020 (Sidewalk, Curb, Gutter Replacement) to Account No. 7013 - 05200426 (City-wide ADA Curb Ramps). DISCUSSION: At 10:00 A.M. on May 28, 1998, the City Clerk opened and read the following bids for this project: Bidder Amount Low West Coast Construction $25,810.00 2 Pave West $32,700.00 3 Damon Construction Co. $49,030.00 The low bidder is 26% less than the Engineer's estimate of $35,000.00. West Coast Construction of Corona, California, the low bidder, has performed previous contract work satisfactorily for the City. The proposed improvements at various locations in the City include the construction of curb access ramps as well as concrete bus stop pads for improved handicap access to . buses. This project will construct 27 curb access ramps and approximately 280 sq. ft. of concrete pads /sidewalk. The improvements will facilitate handicap accessibility throughout the City. A project location map is attached. SUBJECT: SUBJECT: OCITYWIDE ADA CURB ACCESS RAMPS - C&RACT NO. 3197 June 22, 1998 Page 2 This project is a continuation of the City's ADA program to comply with federal requirements. Last year the City settled claims related to non - compliance with ADA standards. The City has been resurveyed and the access ramps to be improved with this project should complete our program. Based upon the availability of funds in the Curb Access Ramp and Sidewalk, Curb, Gutter Replacement projects, staff proposes the use of these funds to award the contract for this project. Therefore, staff recommends a budget amendment to transfer funds in the amount of $17,800.00 from Account No. 7013- C5100041 (Curb Access Ramp Construction) and $10,590.00 from Account No. 7013- C5100020 (Sidewalk, Curb, Gutter Replacement) to Account No. 7013- C5200426 (City-wide ADA Curb Ramps). Res uIly sub ' d, PUBLIC WORKS DEPARTMENT Don W bb, Director By mes E. Brahler, P.E. roject Engineer Attachment: Exhibit "A" - Location Map F:/ groups/ pubworks /counciV98fjune22/ada'98 0 • C# of Newport BeachO NO. BA- 080 BUDGET AMENDMENT 1 1997 -98 AMOUNT: ;2a,s9o.00 . tFFECT 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 construct 27 curb access ramps and approximately 280 sq. ft. of concrete pads /sidewalks facilitating handicap accessibility throughout the City. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 010 3605 1 REVENUE APPROPRIATIONS (3601) Fund /Division Account Description Fund Balance Control Description Amount Debit Credit EXPENDITURE APPROPRIAT IONS (3603) Description Division Number 7013 Street Account Number C5100041 Curb Access Ramp Construction $17,800.00 Division Number 7013 Street Account Number C5100020 Sidewalk, Curb, Gutter Rep Prgm $10,590.00 Division Number 7013 Street Account Number C5200426 City -wide ADA Curb Ramps Division Number Account Number Signed: AW .. . JA021 . Signed: City Manager City Council Approval: City Clerk • Automatic $28,390.00 Date 4-17- 0 Date Date EFFECT ON HX Ci0of Newport Beach* NO. BA- 080 BUDGET AMENDMENT 3 1997 -98 AMOUNT:1 $28,390.00 BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Budget Appropriations Transfer Budget Appropriations X from existing budget appropriations from additional estimated revenues from unappropriated fund balance EXPLANATION: Increase in Budgetary Fund Balance AND Decrease in Budgetary Fund Balance PX No effect on Budgetary Fund Balance RY THE CITY COUNCIL This budget amendment is requested to provide for the following: A 2 2 1598 To construct 27 curb access ramps and approximately 280 sq. ft. of concrete pads /sidewalks facilitating handicap accessibility throughout the City. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account Description 010 3605 Fund Balance Control REVENUE APPROPRIATIONS (3601) Fund /Division Account Description EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7013 Street Account Number C5100041 Curb Access Ramp Construction Division Number 7013 Street Account Number C5100020 Sidewalk, Curb, Gutter Rep Prgm Division Number 7013 Street Account Number C5200426 City -wide ADA Curb Ramps Division Number Account Number Signed: z�j� .igned: A ' rative pr /ally: C_iitty /Mannagger Signed:{ City Council Approval: City Clerk Amount Debit Credit $17,800.00 $10,590.00 Automa5c $28,390.00 Date G -/7- 91- Date lP '-a -CIF Date