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C-3459 - Installation of Median Landscaping on Jamboree Road Between Campus Drive and Bristol Drive
Recorded in Official Records, Orange county RECORDING REQUESTED BY AND Tom Daly, clerk- Recorder WHEN RECORDED RETURN TO: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE City Clerk 2004001150975 0838am 12/29/04 City of Newport Beach 111 11 N12 1 3300 Newport Boulevard 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Newport Beach, CA 92663 xempt om recording fees pursuant to Government Code section 6103" r NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Mega Way Lighting, Inc., of Covina, California, as Contractor, entered into a Contract on June 11, 2002. Said Contract set forth certain improvements, as follows: Jamboree Road Median Improvements (C -3459) Work on said Contract was completed on December 18. 2002, and was found to be acceptable on June 10. 2003, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Guaranty Insurance Company. BY fC�nwa� 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 2)� c tm d ev� ';),a i DOE4 , at Newport Beach, California. BY lJ - 13) � 44'� City Clerk ,il rn r *. I o O, < < = P-1 �o 0 Dm p �;!K ,il i CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC December 21, 2004 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notice of Completion (C -3459) Please record the enclosed document and return it to the City Clerk's Office. Thank you. Sincerely, LaVonne M. Harkless, MMC City Clerk Enclosure 3300 Newport Boulevard - Post Office Box 1768 Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 • Fax: (949) 644 -3039 • www.city.newport- beach.ca.us RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NOTICE OF COMPLETION 6103" NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Mega Way Lighting, Inc., of Covina, California, as Contractor, entered into a Contract on June 11, 2002. Said Contract set forth certain improvements, as follows: Jamboree Road Median Improvements (C -3459) Work on said Contract was completed on December 18 2002, and was found to be acceptable on June 10. 2003, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Fidelity and Guaranty Insurance Company. BY (C�nd�Vvka�n� 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 De ce/n d er t -ccoq , at Newport Beach, California. /l BY l�llJ`il�r� 0 d City Clerk 6 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK LaVonne M. Harkless, MMC December 21, 2004 Mega Way Lighting, Inc. 9191/2 North Azusa Avenue Covina, CA 91722 Subject: Jamboree Road Median Improvements (C -3459) To Whom it May Concern: On June 10, 2003, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion, to release the Labor & Materials Bond after the Notice of Completion had been recorded in accordance with applicable portions of the Civil Code and to release the Faithful Performance Bond one year after Council acceptance. The Surety for the contract is Fidelity and Guaranty Insurance Company, and the bond number is UC909600018. Enclosed are the Labor & Materials Payment Bond and Faithful Performance Bond. Sincerely, r LaVonne M. Harkless, MMC City Clerk LH:Ib cc: Public Works Department Stephen Luy, Project Manager encls. 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3005 - Fax: (949) 644 -3039 • www.city.newport- beach.ca.us • r PRB41LE INCLUDED IN PERFMW CE 80ND EXE(IM IN FOLD COUNTERPARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD MEDIAN IMPROVEMENTS CONTRACT NO. 3459 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Mega Lighting, Inc., dba Mega Way Enterprises, hereinafter designated as the "Principal," a contract for construction of JAMBOREE ROAD MEDIAN IMPROVEMENTS, Contract No. 3459 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. 3459 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, FIDELITY AND G ARNM INSURANCE COPPANY 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 two hundred fifty thousand, fifty -five and 731100 Dollars ($250,055.73) 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 sarrie, 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 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 shalt 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 TH day of JUNE .2002. Mega ig� h g, Inc. d5a Mega Way Enterprises (Principal) Authorized SignatureMtle FIDELITY AND CVJA WTY INSLIRANCE CU^PANY Name of Surety 4311 W. WATERS AVE #401 TAMPA, FL 33614 Address of Surety 813 /8-bn -4021 Telephone KELLY A. SAITKAN ATTORNEY -IN -FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED CALIFOUIIA ALL - PURPOSE ACKJO fLEDGEMENT • State of California SS. County of San Bernardino On �,� ` U before me, Janet L. Miller, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public ") Personally appeared Kel1vA. Saitman Name(s) of Signer(s) personally known to me x proved to me on the basis of satisfactory evidence to be the personKwhose name is /a4 subscribed to the within instrument and acknowledged to me that/e /she /jay FILLER executed the same inpislher/t eir authorized capacity(.ies), Commisaion#1311028 and that by_jbJs /her /tpgr signatureX on the instrument the "NOta; oudlic- California personM, or the entity upon behalf of which the person,(61 - _wrnard !no Couttb acted, executed the instrument. My Ju120,2005 WITNESS my hand and official seal. v11 Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer Title O Partner -- O Limited O General X Attorney -in -Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer is Representing: Number of Pages: Top of thumb here ThB �Y' • Unill .. tates Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Power of Attorney No. UC909600018 KNOW ALL MEN BY THESE PRESENTS: That United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, (herein calectively called the "Companies ") and that the Companies do hereby make, constitute and appoint Kelly A. Saitman __ _7 _ _ ___ —. c .n— .than... - ,n ....- -_.._r n........is n - ed above, theZTtrof OritS ?io � Stare of �A � their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing Me fidelity of persons, guaranteeing the performance of contract and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF , the Companies have caused this instrument to be signed this 1 at day of October, 1999. UNITED STATES FIDELITY AND GUARANTY COMPANY FIDELITY AND GUARANTY �INSSURANCE COMPANY _ ` pAN "et - ichael R. McKibben, Assistant Secretary State of Maryland City of Baltimore On this the tat day of October, 1999, before me, the undersigned officer, personally appeared Michael B. Keegan and Michael R. McKibben, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of United States Fidelity and Guaranty Company and Fidelity and Guaranty Insurance Company, and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. In Witness Whereof, I hereunto set my hand and official seal. �� IMF; Notary Public � My Commission expires the 13th day of July, 2002. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of United States Fidelity and Guaranty Company and Fidelity and Guaranty Insurance Company, on September 2, 1998, which resolutions are now in full force and effect, reading as follows: RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attomey(s) -in -Fact pursuant to a Power of Attomey Issued In accordance with these resolutions. Said Powers(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or any Vice President, or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attomey or to any certificate relating thereto appointing Attomey(s) -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seat shall be valid and binding upon the Company, and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached.; and RESOLVED FURTHER , that Attomey(s) -in -Fact shall have the power and authority, and, in any case, subject to the terms and limitations of the Power of Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attorneys) -in -fact shall be as bnding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, Michael R. McKibben, Assistant Secretary of United States Fidelity and Guaranty Company and Fidelity and Guaranty insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies. which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand this 7th day of June ee 2002 AAA_ c:_C__Q Michael R. McKibben, Assistant Secretary To verify the authenticity of this Power of Attorney, call 1 -800.421 -3880 and ask for the Power of Attorney clerk. Please refer to the Power of Attorney number, the above -named individuals and the details of the bond to which the power is attached Form #86226 1�1 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of } ILL k*�ibj ss. On � v AA� �d{ '� U before me, N11 ra V Vr , Date l` t (l Na a and Title of Officer (e.g.. 'Jane Doe, Notary Public') ` personally appeared - ROY M0,,9.91S CONVA. #1269406 < NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY MY Comm. Expires July 28, 2004 t, .,2 ❑ovally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the , person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Sgnatura of Notary P Rc OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: _ ❑ Individual a Tap of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01999 NaevW Nomry ASaooa4an -9350 a Sato A... P.O. Boa 2402- CbatrfvrN, CA 913132402- wxe.ne9onalnoreryarg Rod M. 5907 aewEx CA9 h e.Fee fa3e8rea8Yr Company Profile 0 Company Profile 0 Page I of 2 I FIDELITY AND GUARANTY INSURANCE COMPANY 385 WASHINGTON STREET ST. PAUL, MN 55102 Agent for Service of Process LORI CASTANEDA, 2730 GATEWAY OAKS DR SUITE 100 SACRAMENTO, CA 95833 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 35386 NAIC Group #: 0164 California Company ID #: 2333 -3 Date authorized in California: September 27, 1979 License Status: UNLIMITED- NORMAL Company Type: Property & Casualty State of Domicile: IOWA Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the log ssary. AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY FIRE LIABILITY MARINE SURETY TEAM AND VEHICLE WORKERS' COMPENSATION http:/ /www4.insurance.ca.gov /wu/idb_co _prof utl.get_co _prof7p_EID =6071 06/20/2002 EXECUTED IN FOUR COUNTERPARTS - CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD MEDIAN IMPROVEMENTS CONTRACT NO. 3459 .7017,11 T, • E � FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 3 001.00 _ being at the rate of $ 15.00 1ST $100,000.00 $1 . ousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, awarded to Mega Lighting, Inc., dba Mega Way Enterprises, hereinafter designated as the "Principal ", a contract for construction of JAMBOREE ROAD MEDIAN IMPROVEMENTS, Contract No. 3459 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. 3459 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and FIDELITY AND aARAMY INSURANCE CCNPANY ' 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 two hundred fifty thousand, fifty-five and 73!100 Dollars ($250,,055.73) 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 • 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 one (1) year following the date of formal acceptance of the Project by the City, In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duty executed by the Principal and Surety above named, on the 7 K day of ,1 NF 12002. Mega Lighttng�lnc., dba Mega Way Enterprises (Principal) Authorized Signature/'Mle FIDELITY AND GUARANTY INSURANCE CCppANy Name of Surety 4311 W,, WATERS AVE IMI TffA, FL 33614 Address of Surety Telephone KELLY A SAITMN ATT NFY- TN -FX'r _ Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED CALIFORNIA ALL - PURPOSE ACK10 ILEDGEMENT State of California /) SS. County of San Bernardino On before me, Janet L. Miller, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public ") Personally appeared Kelly A. Saitman Name(s) of Signens) EI personally known to me x proved to me on the basis of satisfactory evidence to be the person,4whose namEiJX�is /Ve subscribed to the within instrument and acknowledged to me thaty�e /she4k6y executed the same in os /her /tpeir authorized capacityxs), _ and that by,lyis /her /tpdtr signatureA on the instrument the r "! MILLER persona), or the entity upon behalf of which the person,(6'f COnnESSicnA131102a acted, executed the instrument. Pto ary aublfc - California $ S:,n E'- ;rnardino County J WITNESS my hand and official seal. ir7s Jul 20, 200a Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual D Corporate Officer Title D X O O O Partner -- O Limited Attorney -in -Fact Trustee Guardian or Conservator Other: Signer is Representing: O General Number of Pages: Top of thumb here CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT C -3LIS Agenda Item No. 5 June 10, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY FROM: Public Works Department Stephen Luy, Associate Civil Engineer 949 - 644 -3330 sluy@city.newport-beach.ca.us SUBJECT: JAMBOREE ROAD MEDIAN IMPROVEMENTS — COMPLETION AND ' 0� ACCEPTANCE OF CONTRACT NO. 3459 RECOMMENDATIONS: 1. Accept the work, and approve change orders 2; 4b,c,d, 5: and 6. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond one -year after Council acceptance. 5. Approve a Budget Amendment appropriating $5,849.00 from the unappropriated balance of the Circulation and Transportation Fund to Account No. 7261- C5100580. 6. Approve a Budget Amendment appropriating $27,370.62 to Contributions Account No. 7251- C5100580 and increase revenue estimates by $27,370.62 into Account No. 250 -5901 to reflect the City of Irvine's contributions for the median improvements. DISCUSSION: On June 11, 2002, the City Council authorized the award of contract for the Jamboree Road Median Improvements from Bristol Street to Campus Drive to Mega Way Lighting Inc. of Covina, California. This project was cooperatively funded with the City of Irvine. The contract provided for the construction of stamped median concrete, and the installation of moisture barrier, mulch, shrubs, trees, and irrigation system. SUBJECT: Jamboree Road Medi ontract No. 3459 - Completion And Acceptance . June 10, 2003 Page 2 A summary of the contract cost, including deductive adjustments, is as follows: Original bid amount: $250,055.73 Actual amount of bid items constructed: $250,873.48 Total amount of change orders: $157,901.01 Final contract cost: $408,774.49 Unforeseen changes in field conditions, as well as an increase in bid item work quantities resulted in change orders of 63.15 percent over the original bid amount. Seventy -eight percent of the change orders were due to the discovery of unsuitable soil and buried concrete pavement in the medians. These materials were excavated and new soil imported. A total of six change orders were issued to complete the project. Change orders 3 and 4a were previously approved by City Council. All Change Orders have been approved by the City of Irvine. They are as follows: 1. A change order in the amount of $23,422.00 for installing additional sleeving for irrigation wires and main line irrigation; removing, and replacing two median noses; and replacing six pull boxes. 2. A change order in the amount of $3,832.93 for potholing, soil analysis, and soils report for the six medians. 3. A change order in the amount of $61,529.84, approved by Council on October 8, 2002, for removing, trucking, and disposing of unsuitable material in three medians. 4a. A change order in the amount of $30,330.39, approved by Council on October 8, 2002, for import, trucking, watering, and spreading of suitable soil and amendments for three medians. 4b,c,d. A change order in the amount of $24,433.74 for import, trucking, watering, and spreading of suitable soil and amendments for three medians. 5. A change order in the amount of $10,891.31 for installing an additional water meter connection and irrigation sleeves. 6. A change order in the amount of $3,460.80 for additional fence, storage, and space rental; and installation of one remote control irrigation valve. The following Budget Amendments are needed to finalize this project. Staff recommends approval of a Budget Amendment appropriating $5,849.00 from the unappropriated balance of the Circulation and Transportation Fund to Account No. 7261- C5100580. As a result of the increased final cost of the project, the contribution of the City of Irvine is increased by their prorata share. Staff recommends approval of a Budget Amendment appropriating $27,370.62 to Contributions Account No. 7251- C5100580 and SUBJECT: Jamboree Road Med,Contract No. 3459 - Completion And Acceptance • June 10, 2003 Page 3 increase revenue estimates by $27,370.62 into Account No. 250 -5901 to reflect the City of Irvine's contributions for the median improvements. Funds for the project were expended from the following accounts: Description Circulation and Transportation Contributions (from City of Irvine) Account No. Amount 7261- C5100580 $306,580.87 7251- C5100580 $102,193.62 TOTAL $408,774.49 The original contract completion date was August 30, 2002. With the change order time extensions, all construction work was substantially completed on December 18, 2002. During the past five months staff has been finalizing as -built quantities with the City of Irvine and the Contractor has completed the plant establishment/maintenance period. The Cities of Newport Beach and Irvine will share landscape maintenance costs proportional for the median areas. The City of Newport Beach will perform the maintenance and will annually invoice the City of Irvine for its prorata share. Environmental Review: The project was determined to be exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302 of the CEQA Implementing Guidelines at the time the project was authorized by the City Council. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. The project involved the beautification of the existing median landscaping and hardscapes and did not impact any environmental resources. Prepared by: 1� ";�, Z-) Stephen Zivy Associate Civil Engineer Attachments: Change Orders 2, 4b,c,d, Submitted by,- `Stephen G. Badum -Public Works Director and 6 CITY OF NEWART BEACH CONTRACT CHANGE ORDER CONTRACT NO. 3459 PROJECT TITLE: Jamboree Road Median Improvements CONTRACTOR: Mega Way Enterprises • �aEwP0 o � n C"4CIF- CHANGE ORDER: 2 PAGE: 1 OF 1 ENCUMBRANCE NO.: CCO SUMMARY COST: 27,254.93 ORIGINAL CONTRACT: $250,055.73 CCO TOTAL IN % 10.90% COMPLETION DATE: 09- Sep -02 plus 5 days this CO= 16- Sep -02 CHANGE REQUESTED BY: City CO. TYPE: LUMP 5UM DESCRIPTION: Potholing, soils analysis and report The following changes are hereby incorporated into the project plans and specifications: INCREASE DECREASE a. Potholing, soils samples in 6 medians, Soils Analysis and Report 3,832.93 CHANGE IN CONTRACT TIME 5 -WORK DAYS NET CHANGE $ 3,832.93 We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this is approved, that we will provide all equipment, furnish all material, except as may otherwise be noted above, and perform all services necessary for the above specified work, including field and home office expense and will accept as full payment therefor the prices shown above. ACCEPTED, DATE: /� �C+ '7 CONTRACTOR: �C q• F BY: {` TITLE: PCC > i V J T _ APPROVAL RECOMMENDED: �'_ � ti.; DATE: V17— CONSTRUCTION ENGINEER GiJ 1 APPROVED: DATE: CITY ENGINEER APPROVED: DATE: CITY OF IRVINE CITY OF NEWSS)RT BEACH CONTRACT CHANGE ORDER CONTRACT NO. 3459 PROJECT TITLE: Jamboree Road Median Improvements CONTRACTOR: Mega Way Enterprises ENCUMBRANCE NO.: ORIGINAL CONTRACT: $250,055.73 • 4SEWP0 i C'9Ci FO RN\P CHANGE ORDER: 4b PAGE: 1 OF CCO SUMMARY COST: 135,22 CCO TOTAL IN % 54.08' COMPLETION DATE: CHANGE REQUESTED BY: City CO. TYPE: LUMP SUM DESCRIPTION: Distribute imported soils following changes are ect plans and specifications : Pick up, distribute, water and spread import soil, per T &M tickets INCREASE IDECREAS. 16,112.83 CHANGE IN CONTRACT TIME 0 -WORK DAYS NET CHANGE $ 16,112.83 We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this is approved, that we will provide all equipment, furnish all material, except as may otherwise be noted above, and perform all services necessary for the above specified work, including field and home office expense and will accept as full payment therefor the prices shown above. ACCEPTED, DATE: I� /z P�O 2 CONTRACTOR: u rpm' t, BY: - _ TITLE: Hen APPROVAL RECOMMENDED: rC<7- DATE: (0-y�Z. CONSTRUCTION ENGINEER APPROVED: / DATE: 10 112 A 2 CITY ENGINEER C-f' OF NEW.. ART BEACH CONTRACT CHANGE ORDER CONTRACT NO. 3459 PROJECT TITLE: Jamboree Road Median Improvements CONTRACTOR: Mega Way Enterprises ENCUMBRANCE NO.: ORIGINAL CONTRACT: $250,055.73 ,.• aEW PORT Uc ��PS CHANGE ORDER: 4c PAGE: 1 OP 1 CCO SUMMARY COST: 139,806.84 CCO TOTAL IN % 55.91% COMPLETION DATE: CHANGE REQUESTED BY: City CO. TYPE: LUMP SUM DESCRIPTION: Addn cost for addn amendments in import soil at mixing plant The following changes are hereby incorporated into the project plans and specifications: INCREASE DECREASE Addn cost for amendments per soils report, - added at mixing plant 4,578.75 CHANGE IN CONTRACT TIME 10 -WORK DAYS NET CHANGE $ 4,578.75 We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this is approved, that we will provide all equipment, furnish all material, except as may otherwise be noted above, and perform all services necessary for the above specified work, including field and home office expense and will accept as full payment therefor the prices shown above. ACCEPTED, DATE: l /? �1 o L CONTRACTOR: BY: ��— TITLE: 7 APPROVAL RECOMMENDED: CONSTRUCTION ENGINEER APPROVED: � L Aat4aa CITY ENGINEER DATE: DATE: T- c --to 12/16/02 17:38 TEL 949 724 7513 PUBLIC WORKS PROJECT 0EV Q1002 _ 12/04/2002 08:18 9496443. ENGINEERING • PAUE 02 CITY OF NEWPORT BEACH 43,049.00 ORIGINAL CONTRACT: 5350555-73 CCO TOTAL IN -A 12.28% CONTRACT CHANGE ORDER CHANGE REQUESTED BY: •City CO. TYPE: LUMP SUM GL /FO Rte`' CONTRACT NO. 3459 PROJECT TITLE: Jamboree Road Median Improvements CHANGE ORDER: 4d CONTRACTOR: Mega Way Enterprises PAGE: 10171 ENCUMBRANCE NO.: CCO STJMMARY COST: 43,049.00 ORIGINAL CONTRACT: 5350555-73 CCO TOTAL IN -A 12.28% COMPLETION DATE: CHANGE REQUESTED BY: •City CO. TYPE: LUMP SUM DESCRIPTION: Field measured import soil, addn 100 cy are Actual field- measured truckloads of import soil from Aquinaga -100 cy (incl, mate W, trucking, and tax) IN CONTRACT TLME WORK DAYS NET CHANGE i AzcnB SE IDECREASL i $ 3,74216 >y agree, if this is approved, that we wa:l provide all equipment, furnish all material, except as may otherwise be noted above, and perform all services necessary for the above specified work, including field and home office expense and will accept as full payment therefor the prices shown above. ACCEPTED, DATE: Zz /a.Z CONTRACTOR: BY: -� TTIZP_: r APPROVAL RECOMMENDED: DATE: CONSTRUCTION 8NGANEER DATE: CI1Ym PjCO3 ECT J�PMrN�'"TRATOTZ CITY OF NEWI*JRT BEACH CONTRACT CHANGE ORDER CONTRACT NO. 3459 PROJECT TITLE: Jamboree Road Median Improvements CONTRACTOR: Mega Way Enterprises ENCUMBRANCE NO.: • �EVraORT o- m > a r n C'9C, FO RP�P CHANGE ORDER: PAGE: 1 OF 1 CCO SUMMARY COST: 53,940.31 ORIGINAL CONTRACT: $350,555.73 CCO TOTAL IN °/a 15.39% COMPLETION DATE: Oct 29 plus 6 days = Nov 6, 2002 CHANGE REQUESTED BY: City CO. TYPE: LUMP SUM DESCRIPTION: Install water meter connectioin & sleeves T &M; - median 6, south of Campus Dr. changes are hereby incorporated into the project plans and specifications : INCREASE IDECREASE Install water meter connection, 3 days, incl hot tap at main, per T &M tickets 6,055 Install sleeves from median 6 to SW, incl boring mach at $2750, per T &M tickets 6,193 (Deduct 55 If - 2" conduit at $20 /lf paid in CO 1) -1,100 (Deduct 551f - 4" conduit at $22/lf paid in CO 1) -1,210 c Reinstall electrical pedestal per revised requirements 850.00 CHANGE IN CONTRACT TIME 6 - WORK DAYS NET CHANGE 10,519.31 We, the undersigned contractor, have ,given careful consideration to the change proposed and hereby agree, if this is approved, that we will provide all equipment, furnish all material, except as may otherwise be noted above, and perform all services necessary for the above specified work, including field and home office expense and will accept as full payment therefor the prices shown above. ACCEPTED, DATE: 1 � 4 p -7 CONTRACTOR: d W 111 En k TITLE: fy� APPROVAL RECOMMENDED: A DATE: i( /2i1� CONSTRUCTION ENGINEER I APPROVED: a—) &Pk (uo' 0 _ DATE: (L12-1 CY Z CrEY ENGINEER APR -01 -2003 15:49 ITY OF IRVINE y 949 724 7565 P.02 1041 toll ZVU6 15:41 J4 118 EMINEERING • PAGE 02/02 CITY OF NEWPORT BEACH CONTRACT CHANGE ORDER Project File CONTRACT NO. 3459 PROJECT TITLE: Jamboree Road Median Improvements CHANGE ORDER; 6 CONTRACTOR: Mega Way Enterprises PAGE: 1 OF 1 ENCUMBRANCE NO : CCO SUMMARY COST: 157,901.11 ORIGWAL CONTRACT: $250,055.73 CCO TOTAL IN % 63.157o COMPLETION DATE: 11/6/02 + 22 days CHANGE REQUESTED BY: City CO. TYPE: LUMP SUM DESCRIPTION: Costs related to extended contract time and additional valve. The following changes are hereby incorporated into the project plans and specifications: INCREASE DECREASE Additional costs due to extended time for project a mobilization 1,600.00 b fence rental 3879 c storage rental 302.01 d space rental 500.00 C remote control valve, median #1 1,020.00 CHANGE IN CONTRACT TIME 22 - WORK DAYS NET CHANGE $ 3,460.50 We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this is approved, that we will provide all equipment, frucruish all material, except as may otherwise be noted above, and perform all services necessary for the above specified work, including field and home office expense and will accept as full payment therefor the prices shown above. ACCEPTED, DATE: CONTRACTOR: BY: TITLE: f c c s APPROVAL RECOMMENDED: DATE: APPROVED; DATE: eaerrseas SR, CWi� COG. — 104a 4-1 1 1r� TOTAL P.02 fty of Newport Beach BUDGET AMENDMENT 2002 -03 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations X from additional estimated revenues X from unappropriated fund balance EXPLANATION: NO. BA- 075 AMOUNT: $33,219.62 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditure appropriations for the Jamboree Road Median Improvement Project, C -3459. ACCOUNTING ENTRY: Amount BUDGETARY FUND BALANCE Debit Credit Fund Account Description 260 3605 Circulation & Transportation Fund Balance $5,849.00 ' REVENUE ESTIMATES (3601) Fund /Division Account Description 250 5901 Private Donations /Contributions $27,370.62 EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7261 Transportation and Circulation Account Number C5100580 Jamboree Road Median Improvements $5,849.00 Division Number 7251 Contributions Account Number C5100580 Jamboree Road Median Improvements $27,370.62 Division Number Account Number Division Number Account Number Division Number Account Number Automatic System Entry. Signed: Finan/c�iaat Approval: Administrative rvices Director Date Signed: ^� Administrative Appr I: City Manager Date Signed: City Council Approval: City Clerk Date ity of Newport Beach BUDGET AMENDMENT 2002 -03 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations X from additional estimated revenues X from unappropriated fund balance EXPLANATION: NO. BA- 075 AMOUNT: $33,z1s.s2 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditure appropriations for the Jamboree Road Median Improvement Project, C -3459. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 260 3605 REVENUE ESTIMATES (3601) Fund /Division Account 250 5901 EXPENDITURE APPROPRIATIONS (3603) Description Circulation & Transportation Fund Balance Description Private Donations /Contributions Division Number Account Number Signed: /GC,C —QQ+fh o L Y-�y'A . Finnaa�n/ciaall Approval: Administrative rvices Director �`—� Signed: (" ^W4 Administrative ApprV6 : City Manager p�y� - Signed: �'� (�c, ✓A 'C i f v 'I I J City Council Approval: City Clerk —— Amount Debit Credit $5,849.00 ` $27,370.62 $5,849.00 $27,370.62 Date �E d Date b II Date Description Division Number 7261 Transportation and Circulation Account Number C5100580 Jamboree Road Median Improvements Division Number 7251 Contributions Account Number C5100580 Jamboree Road Median Improvements Division Number Account Number Division Number Account Number Division Number Account Number Signed: /GC,C —QQ+fh o L Y-�y'A . Finnaa�n/ciaall Approval: Administrative rvices Director �`—� Signed: (" ^W4 Administrative ApprV6 : City Manager p�y� - Signed: �'� (�c, ✓A 'C i f v 'I I J City Council Approval: City Clerk —— Amount Debit Credit $5,849.00 ` $27,370.62 $5,849.00 $27,370.62 Date �E d Date b II Date i Date J. 13 -,O Copies Sent To: ❑ Mayor ❑ Council Member ❑ Manager �1Attorney ction Lender 1) w FROM: Stop Notice Claimant Y RELEASE OF STOP NOTICE OR NOTICE TO WITHHOLD (Name) .. /AHAreecl (Name) �I /� r� Jc'd /� ✓E" (Address) (City) (State) Z 07� L' /�✓ A �4s;v Z' (zip) THAT certain verified claim and stop notice filed with / ��7� /i� � =i l Tc�2 OGi c.f on or about /i r CO Z for labor and /or materials furnished to work of improvement consisting of the owner thereof, for that certain for on property is fully released and discharged. Dated: Firm: By: Gv LZ Title: BEFORE YOU USE THIS FORM, FILL IN ALL BLANKS, AND MAKE, WHATEVER CHANGES ARE APPROPRIATE AND NECESSARY TO YOUR PARTICULAR TRANSACTION. CONSULT A LAWYER IF YOU DOUBT THE FORM'S FITNESS FOR YOUR PURPOSE AND USE, WWW.THECONTRACTORSGROUP.COM MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE MERCHANTABILITY OR FITNESS OF THIS FORM FOR AN INTENDED USE OR PURPOSE. REV. 07-02 • Quality Products • Agriculture and Landscape Aguinaga Fertilizer Company, (nc. A Full Service Company City of Newport Beach 3300 Newport Blvd., Newport Beach, California 92658 Attention: Mr. Steve Luy Mr. Luy Thank you for a very nice telephone conversation today, May 8, 2003. We (Aguinaga Fertilizer Company Inc.) appreciate the business specked in for our products. We hope to continue to be able to supply your City with our products. I am enclosing the original copy of the Release of Stop Notice for Mega Way Enterprise. Please do not hesitate to phone if you need anything else, or if information is needed for any of our products. Respectfully Elin L. Holstrum Aguinaga Fertilizer Company Inc. 7992 Irvine Blvd. Irvine, CA 92618 (949) 786 -9558 FAX: (949) 786 -9574 BNI FORM 107 — @ 1993 Mill STOP NOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS (Public or Private Work) "02 0`27 (Per California Civil Code Section 3103) TO: CITY OF NEWPORT BEACH PROJECT: JAMBOREE ROAD M(zbWIMP.ROVFMENT (Name of owner, public body or construction fund holder) (Name) I- I' 3300 NEWPORT BLVD. XSTREET BRISTOL AND MACARTHUR "" "" I'•' i (Address. If directed to a bank or savings and loan assn.• use address of branch holding fund) (Address) NEWPORT BEACH, CA. 92658 NEWPORT BEACH CA. fully state and zip) (City, state and zip) TAKE NOTICE THAT AGUINAGA FERTILIZER CO. INC. (Name of the person or firm claiming the stop notice. licensed contractors must use the name under which the contractors license is issued) whose address is 79921RVINE BLVD. IRVINE, CA. 92618 (Address of person or flan claiming slop notice) has performed labor and furnished materials for a work of improvement as follows: SOIL ADDITIVES JAMBOREE ROAD MEDIAN IMPROVEMENT, NEWPORT BEACH, CA. (Name and location of the project where work or matenals were famished) The labor and materials furnished by claimant are of the following general kind: SOIL ADDITIVES. (General description of work and materials furnished) The labor and materials were furnished to or for the following party: MEGA WAY ENTERPRISES FOR CITY OF NEWPORT BEACH (Name of party who ordered the work or materials) Total value of the whole amount of labor and materials agreed to be furnished is ..... — . ...... $ 33354.01 The value of the labor and materials furnished to date is $ 33354.01 Claimant has been paid the sum of: . _ _ _ _ $ 0.00 and there is due, owing, and unpaid the sum of: . _ $ 33354.01 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigaon, as provided by law. You are also notified that claimant claims an equitable lien against any construction fund r this project which are i our hands. r FIRM NAME By VERIFICATION I, the undersigned, say: I am the BOOKEEPER OF the claimant named in the ("President of," 'Manager of," "A partner off.-Owner of; etc.) f regoing Stop Notice;l have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. Dat9 12414neclare under the penalty of perjury under the laws of the State of California that the foregoing is true and correct. CopiF Set t To: El yor Executed on //12-0 -Z—, at IRVINE California. (Dal this document was signed) /(Name of dty whip lice gnetl) ❑ C unc Member C C� 1�,c F / i0eraonaalsigna u of the mdry moil wh wa g prime nlents or me Stop Notice are ine) ❑ n0 r REQUEST FOR NOTICE OF ELECTION c (PRIVATE WORKS ONLY) ❑ (Per California Civil Code Section 3159, 3161 or 3162) ❑ election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3256 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161 or 3162. Singed SEE PAGE 2 FOR COMPLETE INSTRUCTIONS ( 3�8 /y -0 ) C -3ti51 October 8, 2002 CITY COUNCIL AGENDA ITEM NO. 11 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: JAMBOREE ROAD MEDIAN IMPROVEMENTS, CONTRACT NO. RECOMMENDATIONS: (1C i c [uu1 Authorize the Public Works Director to approve Change Order No. 3 in the amount of $61,529.84, providing for the removal of unsuitable materials from the medians and also approve Change Order No. 4 in the amount of $39,000 for provision and installation of suitable soil materials into the medians. 2. Approve a Budget Amendment transferring $100,530 from the unappropriated balance of the Circulation and Transportation Fund to Account No. 7261- C5100580. DISCUSSION: On June 11, 2002, the City Council authorized the award of the Jamboree Road Median Improvements contract to Mega Way Lighting of Covina, California. The contract provides installation of landscape improvements on the Jamboree Road Medians between Bristol Street North and Campus Drive. During construction, the contractor encountered unsuitable materials for plant growth in three of the six medians. This material was composed of cement, rock, asphalt and cement treated base. This material had to be trucked away and disposed of off -site. This work was done on a time and material basis and the cost amounted to $61,529.84 as reflected in attached Change Order No. 3. After the unsuitable materials were hauled away, new suitable soil material was acquired, trucked to the site, and spread within the medians. This work was also done on a time and material basis at a cost of $35,000.00 as reflected in attached Change Order No. 4. Due to these change orders, the project has exceeded the 25 percent threshold and requires City Council approval. The project is being implemented under a Cooperative Agreement with the City of Irvine, with their contribution at 25 percent. Staff has discussed the change orders with City of Irvine staff and submitted the change orders to them for approval as well. The City of Irvine will be invoiced for their prorated share of the work. Staff requests approval of Change Orders Nos. 3 and 4. Additional funds are available in the unappropriated balance of the Circulation and Transportation Fund. ENT G. Badum, Director ' W�eu R.. Gi%ft Construction Engineer Attachment: Change Order Nos. 3 and 4 CITY OF NEWPORT BEACH 'PORr CONTRACT CHANGE ORDER -: U y,a S o- C'aC /FO0.N\P CONTRACT NO. 3459 PROJECT TITLE: Jamboree Road Median Improvements CHANGE ORDER: 4 CONTRACTOR: Mega Way Enterprises PAGE: 1 OF 1 ENCUMBRANCE NO.: CCO SUMMARY COST: 127,784.77 ORIGINAL CONTRACT: $250,055.73 CCO TOTAL IN % 51.10% COMPLETION DATE: 15- Oct -02 plus 10 days this CO= 29- Oct -02 CHANGE REQUESTED BY: City CO. TYPE: LUMP SUM DESCRIPTION: Import of soils materials following changes are hereby incorporated into the project plans and specifications: Import, trucking and spreading of suitable soil materials to medians 1, 5, and 6 Deduct for decrease in soil amendmets and soil prep required IN CONTRACT TIME have given 10 -WORK DAYS INCREASE (DECREASE 42,000.00 NET CHANGE $ 39,000.00 to the change proposed and hereby agree, if this is approved, that we will provide all equipment, furnish all material, except as may otherwise be noted above, and perform all services necessary for the above specified work, including field and home office expense and will accept as full payment therefor the prices shown above. ACCEPTED, DATE: BY: APPROVAL RECOMMENDED: APPROVED: ►:`r"Icez0fa CONTRACTOR: TITLE: CONSTRUCTION ENGINEER CITY ENGINEER CITY OF IRVINE DATE: DATE: t.Y.yyM Rol I s CITY OF NEWPORT BEACH CONTRACT CHANGE ORDER CONTRACT NO. 3459 • �E.W PORT C"4C /Fp 0.N�P PROJECT TITLE: Jamboree Road Median Improvements CHANGE ORDER : 3 CONTRACTOR: Mega Way Enterprises PAGE: 1 OF 1 ENCUMBRANCE NO.: CCO SUMMARY COST: 88,784.77 ORIGINAL CONTRACT: $250,055.73 CCO TOTAL IN % 35.51% COMPLETION DATE: 16- Sep -02 plus 20 days this CO= 15- Oct -02 CHANGE REQUESTED BY: City CO. TYPE: LUMP SUM DESCRIPTION: Removal of unsuitable materials following changes are hereby incorporated into the project plans and specifications: Removal, trucking and disposal of unsuitable materials from medians 1, 5, and 6 CHANGE IN CONTRACT TIME 20 -WORK DAYS We, the undersigned contractor, have given careful consideration to INCREASE (DECREASE 61,529.84 NET CHANGE $ 61,529.84 ze proposed and hereby agree, if this is approved, that we will provide all equipment, furnish all material, except as may otherwise be noted above, and perform all services necessary for the above specified work, including field and home office expense and will accept as full payment therefor the prices shown above. ACCEPTED, DATE: BY: APPROVAL RECOMMENDED: APPROVED: CONTRACTOR: TITLE: CONSTRUCTION ENGINEER CITY ENGINEER DATE: DATE: APPROVED: DATE: CITY OF IRVINE ■ qty of Newport Beach • BUDGET AMENDMENT 2002 -03 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues PX from unappropriated fund balance EXPLANATION: NO. BA- 017 t AMOUNT: S7oo,530.00 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditure appropriations to provide for additional costs related to Jamboree Road Median Improvements, Contract No. 3459. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 260 3605 REVENUE ESTIMATES (3601) Fund/Division Account EXPENDITURE APPROPRIATIONS (3603) Description Circ and Transp Fund Balance Description Signed: Signed: Approval: Administrative Services Director Administrative Approval: City Manager Amount Debit Credit $100,530.00 $100,530.00 /O-1—a 2— Date Date Signed: City Council Approval: City Clerk Date Description Division Number 7261 Circulation and Transportation Account Number C5100580 Jamboree Road Median Improvements Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Signed: Signed: Approval: Administrative Services Director Administrative Approval: City Manager Amount Debit Credit $100,530.00 $100,530.00 /O-1—a 2— Date Date Signed: City Council Approval: City Clerk Date jity of Newport Beach BUDGET AMENDMENT 2002 -03 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates Increase Expenditure Appropriations Transfer Budget Appropriations from existing budget appropriations from additional estimated revenues from unappropriated fund balance X Division SOURCE: rXI Account EXPLANATION: NO. BA- 017 AMOUNT: 51oo,s3a.00 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: 0C 0 '�I I �UU2 To increase expenditure appropriations to provide for additional costs related to Jamboree Road Median Improvements, Contract No. 3459. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 260 3605 REVENUE ESTIMATES (3601) Fund/Division Account EXPENDITURE APPROPRIATIONS (3603) Description Circ and Transp Fund Balance Description Amount Debit Credit $100,530.00 $100,530.00 Division Number Account Number Automatic System Entry . Signed: 'IO — U Z FAncial : Administrative rvices Director Date Signed: , d Z- Admim ra 've Approvai:, ity da'naper ate Signed:C City Council Approval: City Clerk Date Description Division Number 7261 Circulation and Transportation Account Number C5100580 Jamboree Road Median Improvements Division Number Account Number Division Number Account Number Division Number Account Number Amount Debit Credit $100,530.00 $100,530.00 Division Number Account Number Automatic System Entry . Signed: 'IO — U Z FAncial : Administrative rvices Director Date Signed: , d Z- Admim ra 've Approvai:, ity da'naper ate Signed:C City Council Approval: City Clerk Date " ` 0 • 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 29th day of May 2002, at which time such bids shall be opened and read for JAMBOREE ROAD MEDIAN IMPROVEMENTS Title of Project Contract No. 3459 $260,000 Engineer's Estimate pJ3e'n G. Badum c Works Director Prospective bidders may obtain one set of bid documents at actual cost at the office of the Public Works Department, 3300 Newport Boulevard, Newport Beach, CA 92663 Contractor License Classification(s) required for this project. "A or C -27" For further information, call Stephen J. Luy. Proiect Manager at (949) 644 -3330 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD MEDIAN IMPROVEMENTS CONTRACT NO. 3459 TABLE OF CONTENTS NOTICE INVITING BIDS .......................................................... ............................... Cover INSTRUCTIONS TO BIDDERS ........................................................ ..............................3 BIDDER'S BOND ............................................................................... ..............................5 DESIGNATION OF SUBCONTRACTOR( S) ...................................... ..............................6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES .............. ..............................7 NON - COLLUSION AFFIDAVIT ......................................................... .............................11 DESIGNATION OF SURETIES ........................................................ .............................12 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL.. 13 ACKNOWLEDGEMENT OF ADDENDA ........................................... .............................15 INFORMATON REQUIRED OF BIDDER ......................................... .............................16 NOTICE TO SUCCESSFUL BIDDER .............................................. .............................19 CONTRACT..................................................................................... .............................20 LABOR AND MATERIALS BOND .................................................... .............................26 FAITHFUL PERFORMANCE BOND ................................................ .............................28 PROPOSAL................................................................................ ............................... PR -1 SPECIALPROVISIONS ................................................................. ...........................SP -1 z CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD MEDIAN IMPROVEMENTS CONTRACT NO. 3459 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 CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ALL ADDENA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any) TECHNICAL ABILITY AND EXPERIENCE REFERENCES NON - COLLUSION AFFIDAVIT DESIGNATION OF SURETIES PROPOSAL 2. Cash, certified check or cashier's check (sum not less than 10 percent 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. The successful bidder's security shall be held until the Contract is executed. Bidders' security shall be returned to unsuccessful bidders within a reasonable time not to exceed 60 calendar days after the successful bidder has signed the Contract. 5. The estimated quantifies 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. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 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 by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. 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. I -7gAb j Contractor's License No. & Classification Mam Ui a� 4 inn nos Bidders —��— - Authorized Sig-nature/Title 5 l!a 10 ,y Date CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD MEDIAN IMPROVEMENTS CONTRACT NO. 3459 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF AMDUNT BID*8 Dollars ($ 10% OF BID** ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of JAMBOREE ROAD MEDIAN IMPROVEMENTS, Contract No. 3459 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 and provide the required original insurance documents for the construction of the project within thirty (30) days (not including Saturday, Sunday, and federal holidays) after the date of the mailing of "Notification of Award ", otherwise this obligation shall becorn:e 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 20TH day of MAY 2002. MEGA LIGHTING, INC. DBA , MEGA WAY ENTERPRISES —� Name of Contractor (Principal) Authorized Signaturemtle UNITED STATES FIDELITY AND GUARANTY W4)ANY Name of Surety 4311 W. WATERS AVE. #401 TAMPA, FL 33614 Address of Surety (813) 885 2112 Telephone AuT ized Agent Sign ture JANET L. MILLER, ATTORNEY -IN -FACT Print Name and Title (Notary acknowledgment of Principal & Surety must be attached) CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of California \ ss. County of San Bernardino On g?OjD a— before me, S. M. VanMossevelde, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Personally appeared Janet L. Miller Name(s) of Signer(s) OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual 0 Corporate Officer Title 0 Partner -- 0 Limited 0 General x Attorney -in -Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer is Representing: Number of Pages: Top of thumb here impersonally known to me O proved to me on the basis of satisfactory evidence to be the personX whose namek6) is /af€ subscribed to the within instrument and acknowledged to me that 6r/she /t4ey S. M. vr, A0S5EYEtDE Coca": ;;:on # 1257461 § executed the same in-be /her /therr'authorized capacity(ie , It�T o 7. and that by>il /herhhelP signaturpW on the instrument the Scl Ber ;:.cno county SN40 0� persoW, or the entity upon behalf of which the person{'s`S the instrument. acted, executed WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual 0 Corporate Officer Title 0 Partner -- 0 Limited 0 General x Attorney -in -Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer is Representing: Number of Pages: Top of thumb here meStFb�l � Power of Attorney No. UB9096000072 Unitestes Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company KNOW ALL MEN BY THESE PRESENTS: That United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, (herein collectively called the "Companies ") and that the Companies do hereby make, constitute and appoint Janet L. Miller of the City of Ontario Stale of CA their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety lo, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written Instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contract and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF , the Companies have caused this instrument to be signed this 1 St day of October, 1999. UNITED STATES FIDELITY AND GUARANTY COMPANY FIDELITY AND GUARANTY INSURANCE COMPANY e Michael S. Keegan, Vide President By:_ McKibben, Assistant Secretary State of Maryland City of Baltimore On this the 1st day of October, 1999, before me, the undersigned officer, personally appeared Michael B. Keegan and Michael R. McKibben, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of United States Fidelity and Guaranty Company and Fidelity and Guaranty Insurance Company, and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 13th day of July, 2002. Notary Public ��• // This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of United States Fidelity and Guaranty Company and Fidelity and Guaranty Insurance Company, on September 2, 1998, which resolutions are now in full force and effect, reading as follows: RESOLVED , that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attorney(s) -in -Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Powers(s) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or any Vice President , or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s) -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached,; and RESOLVED FURTHER , that Attomey(s) -in -Fact shall have the power and authority, and, In any case, subject to the terms and limitations of the Power of Attorney issued them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s) -in -fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, Michael R. McKibben, Assistant Secretary of United States Fidelity and Guaranty Company and Fidelity and Guaranty Insurance Company, do hereby certify that the above and foregoing Is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand this 20th day of May , 2002 . Go Michael R. McKibben, Assistant Secretary To verify the authenticity of this Power of Attorney, call 1- 800-421 -3880 and ask for the Power of Attorney clerk. Please refer to the Power of Attomey number, the above -named individuals and the details of the bond to which the power is attached. Form # 86226 r CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California I ss. County of V.,3 fv G 4l ' E �pY j�� On 1if* �' Z before me, � �4 U��(x -VNK ate N" ^W Tile of officer (e.g.,'Jaee Doe. Notary Public') 1 personally appeared L, RCm Y COMfri. 41" G94C6 CTARY P MORR LOS ANGEIIFS COOIvO�NIA My Comm. Expires J91y 28, 2004 t E personally known to me proved to me on the basis of satisfactory vidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above SQb1iZ. of N tary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: ^ ' , (r i) Number of Pages: —__� Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): El Partner — ❑ Limited ❑ General Attorney in Fact Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 1999 Na8mW NeteryAVeaa99n. MDe SW Ae., P.O. BOZ NO2•CNMeaM, CA91313Zb.w .ne8mebuWy.M p1O8,NO. 599r ReaNx: C89TaFFne 1-099816882) • • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD MEDIAN IMPROVEMENTS CONTRACT NO. 3459 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. (Use additional sheets if needed) Subcontractor's Name, Bid Description of Work Percent of Address, Telephone # Item Total Bid Number V'_re concre ttt• X197% DeSIptcc O �pnrr.�IG ZO l 34I -0 5 ;z2 V D6A r Bidd A t onze ignature/Title CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD MEDIAN IMPROVEMENTS CONTRACT NO. 3459 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. SA' FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON - RESPONSIVE. For all public agency projects you have worked on (or are currently working on) in the past 2 years in excess of $15,000, provide the following information: No. 1 Project Name /Number R%IUDUAIIp l 0!= 6WtMkMM() %oJ MLEA t Adby_A4 Afc-1 Project Description f rf,!wm A 1 La rJ 6 E b1ky 5cg9&c Cb/YGi-el�& � Approximate Construction Dates: From 0,�2. - O/ To: 0-3-01 Agency Name KS 1,�i t2��T7r IlIIG Contact Person khgru Ho C Telephoney(�� _6_k!t- LHl Original Contract Amount $�'; Final Contract Amount $ If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. 0 No. 2 Project Name/Number 0 ,;A- nrr)5ca -PE -1=Mp -ove ew 41-- b7tp Project Description Approximate Construction Dates: From /11/0/ To: & ` 0 %' Agency Name L%LI i /l L 0 ( d/1Y NZ j::V W Contact Person �{�M�ln► Telephone ( � J 1 1)� Original Contract Amount $1U4LFinal Contract Amount $ 10� , ow. If final amount is different from original, please explain ( change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 3 _ Project Name /N umber �-i� /��t%�_(�_���� Project Description 0. 3�4 RlC(/IJ� .,LIB __ _ Approximate Construction Dates: From /0^ To: 12--© r l c Agency Name M� () G CR-IAI'd / Contact Person At n O kp LL(AJC-) Telephone (VNP- LL%I/ ©7k Original Contract Amount $(Qkn�Final Contract Amount $ (o (7 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. NU Ll 0 • No. 4 / nn'' Project Name /Number ,TN 1 f Project Description Mc iii dot 1n �+ I Y l �i �0 b'P, Yi�2 tvi Ii k nd y ap Approximate Construction Dates: From Z00";"-To:.- AA is ( ' Lon 2 Agency Name Contact Person V W W 00 O M t (,0 M e Telephone 1I�) J�i9 of Original Contract Amount $ �70(�9 Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) (�b.Atk�t Q r 3U7-s Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. No. 5 Project Name /Number Project Description kgd i TV� M Approximate Construction Dates: From 2 Lo- i To: / i /0 l Agency Name c, 4A0 ; n ,, „ Contact Person s i ft 4 (_Le ; Telephone K0 2 SD h n o Original Contract Amount $Final Contract Amount $--Z 9R➢ Az If final amount is different from original, please explain (change orders, extra work, etc.) Oq 'i/l i io � ' w n L_ FU,�Lri c r.Uo.r% Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims Na 0 No. 6 1 r Project Name /Number i4es"orraL &JS Project Description �arA< Approximate Construction Dates: From To: `r/L /O / A Agency Name Contact Person Jc::4 i�.0 f) L;: elephone Kej f/? — S 2 ? n Original Contract Amount $ 4 9t-- Final Contract Amount $ 4 q If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you /Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on -site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. , YY1Pty, U VP tin -- s Bidd Authorized ignature/Title 10 0 10 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD MEDIAN IMPROVEMENTS CONTRACT NO. 3459 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of CA ')Z�, �aa being first duly sworn, deposes and na_�s that he or she is 9rc�LJPV)}- of Pc wl� Mtn aw.'rtfie party making the foregoing bid; that the bid is not made in this intdfest of,, or on behalf y 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. mkn LtgnTi lni DPdf .......:�. ...... Bidder Authorized Signature/Title Subscribed and sworn to before me this day of �1�u�Y 2002. --> [S ] Notary Public ` ROY h10RF,1S My Commission Expires: Ju c� C >O COMIVi. # 1269406 < � .r i NOTAR'{ FUCLIC CALIFORNIA > «yaE, R CCS ANGECES COUNTY u My Comm. Expires July 28, 2004 11 • 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD MEDIAN IMPROVEMENTS CONTRACT NO. 3459 DESIGNATION OF SURETIES Bidders Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance /bond type): Iii ltkbt �2L&,!h FI D(-_lt W) �t311 1A W tr1-6 s AF67 # 40 / 12 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD MEDIAN IMPROVEMENTS CONTRACT NO. 3459 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidders Name hem b oW [1(g�� Nf7a w Q-_ OiT� 65 Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. Flst Current 1 1 1 2 2 Year of 9 9 9 0 0 Record 9 9 9 0 0 Total Year 2002 7 8 9 0 1 No. of .� contracts Total dollar Amount of Contracts Thousandsn iaJtdi� 4i O DVb �.v Vlt 131b��0 of $ No. of fatalities - _ p No. of lost Workday Cases No. of lost workday cases involving O © permanent transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary-- Occupational Injuries and Illnesses, OSHA No. 102. Flst Legal Business Name of Bidder p ('40411 1G to ��i2✓���t �j Business Address: �j yy M 4zdd`2ta C1 I.�y� Business Tel. No.: T�3T g&9 9 State Contractor's License No. and Classification: 1 i q $(O . (� Title The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of Date p5- .z Title '`ES! Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title — c) :)1- If bidder is an individual, name and signature of individual must be provided, and, if he is doing business under a fictitious name, the fictitious name must be set forth. If bidder is a partnership or joint venture, legal name of partnership /joint venture must be provided, followed by signatures of all of the partners /joint ventures or of fewer than all of the partners /joint ventures if submitted with evidence of authority to act on behalf of the partnership /joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by notarized signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal. Signatures of partners, join venturers, or corporation officers must be acknowledged before a Notary Public, who must certify that such partners /joint venturers, or officers are known to him or her to be such, and, in the case of a corporation, that such corporation executed the instrument pursuant to its bylaws or a resolution of its Board of Directors. 14 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD MEDIAN IMPROVEMENTS CONTRACT NO. 3459 ACKNOWLEDGEMENT OF ADDENDA Bidders name �e010in,. i�tfdYn 1��11�j�R1 �+5fi `� The bidder shall signify receipt of all Addenda here, if any: Addendum No. Date Received Signature 15 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD MEDIAN IMPROVEMENTS CONTRACT NO. 3459 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: (tr �� pg,¢ Name of individual Contractor, Company or Corporation: WO WepAbe,�> Business Address 1, al'l ►v • uZ 2A, Telephone and Fax Number: (na-(o�G� -�Q�q I-x: (cab) 335k5� California State Contractor's License No. and Class: G1 /U A (REQUIRED AT TIME OF AWARD) Original Date Issued: +- 'd 0 Expiration Date: /� /�or1;tl /D 7- List the name and title /position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: pl,,fV, ';i�, a d - Pre 5, '/Cn 7e The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone Corporation organized under the laws of the State of (14 16 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: ,a]a&I All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; Briefly summarize the parties' claims and defenses; Z", , , Have you ever had a contract terminated by the owner /agency? If so, explain. 444 Have you ever failed to complete a project? If so, explain. -4Lo For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor compliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / No Are any claims or actions unresolved or outstanding? Yes /�o 17 0 0 If yes to any of the above, explain. (Attach additional sheets, if necessary) Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non - responsive. gin. Db� MfNA �f�au ;►ti es or' Bidd (Print name of Owner or President of Corporation /Company) Authorized Signature/Title &S, i Title 5 -m -f) -)- Date Subscribed and sworn to before me this 3 H1 day of �� 2002. F4L] ROY MORRIS k" COY ug #1269406 < NOi AflY PU9;!C- CALIFORNIA LOS ANGELES COUNTY W `lam My Comm. Expires Juy 28, 2008 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT JAMBOREE ROAD MEDIAN IMPROVEMENTS CONTRACT NO. 3459 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 shown on the "Notification of Award" to the successful bidder: • CONTRACT WITH REQUIRED INSURANCE CERTIFICATES AND ENDORSEMENTS • LABOR AND MATERIALS PAYMENT BOND • FAITHFUL PERFORMANCE BOND 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. Original Certificate(s) of Insurance, General Liability Insurance Endorsement, and Automobile Liability Insurance Endorsement shall be provided as required by the Contract documents and delivered to the Public Works Department within ten (10) working days after the date shown on the Notification of Award to the successful bidder. 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. 19 i CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 0 JAMBOREE ROAD MEDIAN IMPROVEMENTS CONTRACT NO. 3459 CONTRACT THIS AGREEMENT, entered into this 190 day of� -, 2002, by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Mega Lighting, Inc., dba Mega Way Enterprises, hereinafter "Contractor," is made with reference to the following facts: WHEREAS, City has advertised for bids for the following described public work: JAMBOREE ROAD MEDIAN IMPROVEMENTS Project Description 3459 Contract No. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows: A. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Special Provisions and Standard Drawings, Plans and Special Provisions for Contract No. 3459, 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. 20 0 C. COMPENSATION As full compensation for the Project as required by the Contract Documents, Contractor accepts as full payment the sum of tw and 731100 Dollars ($250,055.73). This compensation includes: 0 performance and completion of the City shall pay to Contractor and o hundred fifty thousand, fifty -five (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 CONTRACTOR City of Newport Beach Public Works Department 3300 Newport Boulevard Newport Beach, CA 92663 Attention: Stephen J. Luy (949) 644 -3330 F. LABOR CODE 3700 LIABILITY INSURANCE hereby certifies: Mega Lighting, Inc. dba Mega Way Enterprises 919 Yz North Azusa Avenue Covina, CA 91722 626 - 339 -8899 626- 339 -8859 Fax 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 original 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 21 • 0 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 0002 (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 0002 0287 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. 22 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, agents, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. ii. Contractor's insurance coverage shall be primary insurance and /or primary source of recovery as respects City, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, agents, 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, agents, 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. All of the executed documents referenced in this contract must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bonds documentation. 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 23 0 0 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 direct 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. 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 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. J. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 24 E 0 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 and year first written above. CITY CLERK APPROVED AS TO FORM: i CITY ATTORNEY 25 CITY OF NEWPORT BEACH A Municipal Corporation By: Mayor MEGA LIGHTING, INC. DBA MEGA WAY ENTERPRISES By: Authonze igna ure and Title PLerYe- 5a0.d- Pre5taeoi ACORER CERTIFICAID OF LIABILITY INSUR9NCkID BH DATE GAL - 1 06/18 /18 0 /02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Powers 6 Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Agents S Brokers HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 619043 Lic #OBO2564 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Roseville CA 95661 -9043 . GENERAL LIABILITY Phone:916- 630 -8643 Fax:800- 783 -0083 INSURERS AFFORDING COVERAGE INSURED INSURERA: Navigators Insurance CO. $50,000 INSURER B: Topa Insurance Compan Mega II,,ightinq DBA -Mega Way Ent NRER C: ISU 919 1/2 N. Azusa Ave Covina CA 91722 INSURER D: $ 1,000,000 NSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING CITYOFN ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR of Newport Beach MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH City Clerk POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. FAx : 949-644-3318/626-339-8859 INSR. POLICY EFFECTIVEPO�ICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE MMIDDIYY DATE MMIDO;YY --- LIMITS . GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 f A X COMMERCIAL GENERAL LIABILITY] GAM01451 06/12/02 06/12/03 FIRE DAMAGE IAny one fire) $50,000 CLAIMS MADE X OCCUR MEO EXP (Any one person) 11,000 X Owner /Cont Prot. ' PERSONAL B ADV INJURY $ 1,000,000 • GENERAL AGGREGATE $1,000 000 GEN'L AGGREGATE LIMIT APPLIES PER{ ~, PRODUCTS - COMPIOP AGO $1,000,000 POLICY - -- PECT - LOC - "- AUTOMOBILE LIABILITY j COMBINED SINGLE LIMIT I$ MANY AUTO j (Ea accident) ALL OWNED AUTOS ! BODILY INJURY S SCHEDULED AUTOS IPCr person) HIRED AUTOS BODILY INJURY NON -OWNED AUTOS . .. _...— ! ' PROPERTY DAMAGE S i (Per accidenp GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC : 5 AUTO ONLY: AGE: S EXCESS LIABILITY EACHOCC URRENCE 51,000,000 B OCCUR i CLAIMS MADE XL13173 04/16/02 06/12/03 AGGREGATE S 1,000, O00 S DEDUCTIBLE $ . RETENTION S $ WORKERS COMPENSATION AND TORY LIMITS ER . EMPLOYERS' LIABILITY j '" "" — E.L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYE $ i E.L. O$CASE- POLICY LIMI f' S OTHER l DESCRIPTION OF OPERATIONSILOCATIONSIVEHIC LESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Certificate holder is shown as Additional Insured but only with respect to liability arising out of operations performed by named insured. * *10 day notice of cancellation applies for non payment of premium. Re: Jamboree Road Median Improvements, Bayside Dr S Marine Ave, Contract 43418, Job #100 xw CERTIFICATE HOLDER y ADDITIONAL INSURED; INSURER LETTER: A CANCELLATION ACORD 25 -S (7197) © ACORD CORPORATION 1988 CITYOFN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Newport Beach DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Attn: City Clerk NOTICE TO TH E CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL FAx : 949-644-3318/626-339-8859 3300 Newport Beach IMPOSE IJD 06l IGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Newport beach CA 92658 REPRESENTATIVES. Q ACORD 25 -S (7197) © ACORD CORPORATION 1988 06/18/2002 14:20 FA% 916 772 9299 BUILDERS -TRADESMEN INS @002 • POLICY NUMBER:GAM01451 COMMERCIAL GENERAL LIABILTY THIS ENDORSEMENT CHANGES THE POL(CY. PLEA SE READ IT CAREFULLY ADDITIONAL INSURED — OWNERS, LESSEJ +aS OR CONTRACTORS (FORM B) This endorsement modifies insurance under the COMMERCIAL GENERA::. LIABI: ,ITY COVERAGE FORM. This endorsement changes the policy effective on the inception date of the policy un: -ss another date is indicated below. Endorsement Effective 06/16/2002 - 06/12/2003 Named Insured Countersigned By Mega Lighting DBA: Mega Way Ent SC ,,DALE & employees 3300 Newport Blvd. Newport Beach, CA 92663 (At thorized Representative) RE: Jamboree Road Median Improvements Q Bayside Dr./Marine Ave. Contract #: 418, Job #100 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 insun:d by or for ye t. Primar _Wording If required by written contract or agreement: Such insurance as is affxded by this p )1icy shall be primary insurance, and any insurance or self - insurance maintained by the above additional insurt:d(s) shall be c tccss of the insurance afforded to the named insured and shall not contribute to it. COVERAGE AS GRANTED BY THE TERMS OF THIS ENDORHMENT IS St tB1ECT TO ALL CONDITIONS, EXCLUSIONS AND LIMITATIONS APPLICABLE TO THE NAMED INSURE). APPROVED _ i By Navigators/MC In ante Co. Effective Date: CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 19: 4 Page I of I ACORD CERTIFIC OF LIABILITY INSU NCB OP ID DATE(MMIDONY) GAE -1 06/24/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Johns Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License #0589663 DER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 660339 �- - AL ER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Arcadia CA 91066 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, HHT97OME0602ALL Phone: 626- 445 -7030 INSURERS AFFORDING COVERAGE INSURED JUN Z 1 LULL INSUR RA. Mercury Casualty Company INSUR R B'. i Mega Lighting, Inc. I - . ,- ' "' ' dba: Mt�ega Way Enterpris s 919 1/2 N Azusa Ave. ",J.:1.:_;:,: Covina CA 91722 RD: INSURER p COVERAGES I I/ /) I 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INR TYPE OF INSURANCE POLICY NUMBER DATE MMIDNY DATE MMIDDIYY LIMITS DATE THEREOF, THE ISSUING INSURER WILL SAIL 30* DAVSWRITTEN GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE E] OCCUR NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, HHT97OME0602ALL EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED EXP (Any one person) $ PERSONAL 8 ACV INJURY $ 3300 Newport Blvd. Newport Beach CA 92658 -8915 GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER POLICY PRO LOC JECT PRODUCTS - COMPIOP AGO $ :u A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS AC11042384 ** 07/06/01 07/06/02 COMBINED SINGLE LIMIT (Ea accident) $ 1 000 000* r i X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGO $ S EXCESS LIABILITY OCCUR FI CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS /LOCATIONSIVEHICLES EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS *10 day notice of cancellation in the event of non - payment. ** "This coverage is for the benefit of the Certificate Holder only " / /City of Newport Beach its officers, agents, officials employees S volunteers are named as additional insured as respect to insured's use of owned, leased, hired or borrowed vehicles. CERTIFICATE HOLDER I P I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION ACORD 26S (7/97) -- "" "'' I © ACORD CORPORATION 1988 NEWPRTB SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL SAIL 30* DAVSWRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, HHT97OME0602ALL City of Newport Beach Attn: Public Works Dept ' 3300 Newport Blvd. Newport Beach CA 92658 -8915 K. -- ` Es. AUTHOR PRESS TATIVE :u ACORD 26S (7/97) -- "" "'' I © ACORD CORPORATION 1988 A � S TATE P.O. BOX 420807, SAN FRANCISCO, CA 8414220807 COMPENSATION N S U R A N C E FUND CERTIFICATE OF WORKERS `COMPENSATION INSURANCE JUNE 11 2002 1542618 -w01 POLICY NUMBER: . , . —"-"' R- 'TIFICATE EXPIRES: 7 -1-02 , THE CITY OF NEWPORT BEACH PUBLIC WORKS DEPT ATTN MR LUY 3300 NEWPORT BLVD NEWPORT BEACH CA 92658- 8915 L JUN 1 2 7002 Public Works (re[;wrmerd US SUPERSEDES AND iE,CTS THE .CERTIFICATE JED'ON 06- 04 -02: 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 poliiocy period indicated. This policy is not subject to cancellation by the Fund except uporXil(n days' advance written notice to the employer. 30 We will also give yoLf/WN, days' advance notice should this policy be cancelled priorto 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 xecluirement, 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 REPR ESE NYATIV EA PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT 80015 ENTITLED ADDITIONAL INSURED "EMPLOYER EFFECTIVE 06/11/02 IS ATTACHED TO AND FORMS A FART OF THIS POLICY. NAME OF ADDITIONAL INSURED: THE CITY OF NEWPORT BEACH ENDORSEMENT H2O65 ENTITLED CERTIFICATE HOLDERS'NOTICE EFFECTIVE 07/01/01 IS'ATTAC14ED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT 02570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 06/11/02 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD.PARTY NAME: THE CITY,OF NEWPORT BEACH EMPLOYER MEGA LIGHTING IWC 919 1/2 N AZUSA AVE COVINA CA 91722 a ®'.1 JUN -20 -2002 THU 01:38 PM CAL SURANCE ' ,94�C- Hotly- 33 /d'r FAX N0. 7149391654 0 CERTIFICATE OF INSURANCE CHECKLIST CITY OF NEWPORT BEACH THIS CHECKLIST IS COMPRISED OF REQUIREMENTS AS OUTLINED ABY THE CITY OF NEWPORT BEACH. P. 01 /01 DATE RECEIVED: (0- DEPARTMENT /CONTACT RECEIVED FROM: c5t1Aunct 01VMS'- DATE COMPLETED: (D'� 0`0 Z SENT TO: � t u n a- BY: /"T'19T ; I� OQ I /<g. COMPANY/PERSON REQUIRED TO HAVE GENERAL LIABILITY: A. INSURANCE COMPANY: d \) i tea �Z}' e" Ct) . B. AM BEST RATING (A V I I o r greater): A V I I I C. ADMITTED COMPANY: ( Must be California Admitted) Is company admitted ' California? Yes No- D. LIMITS: (Must be $1,000,000 or greater) What is limit provided? E. PRODUCTS AND COMPLETED OPERATIONS: (Must Include) Is it included? Yes No F. ADDITIONAL INSURDED WORDING TO INCLUDE: ( The City its officers, ageavK officials, employees and volunteers). Is it included? Yes-Z No_ 6,. tTt S Si n rj V D l la n }t �! 5 G. PRIMARY AND NON CONTRIBUTORY WORDING: (Must be included) Is it included? YesxNo_ H. CAUTION! ( Confirm that loss or liability of the Named insured is not limited solely by their negligence.) Does endorsement include "solely by negligence" wording? Yes No I. NOTIFICATION OF CANCELLATION: Although them is a provision that requires notification of cancellation by certified mail; per Lauren Farley the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY: A. INSURANCE COMPANY:_ c—a Sot a I ' X c.), B. AM BEST RATING (A VII or greater): Ift i-- k" I C. ADMITTED COMPANY: ( MUST BE CALIFORNIA ADMITTED) Is company admitted? Yes No D. LIMITS: ( Must be $1,000,000 minimum BI & PD and $500,000 UM) What is limits rovided? E. ADDITIONAL INSURED WORDINg TO INCLUDE: (The City its officers ,agents, officials, employees and volunteers). Is it included? Yes No_ F. PRIMARY AND NON CONTRIBUTORY WORDING: (For Waste Haulers Only). Is it included? Yes_, No � a' G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley the City will accept the endeavor wording. t IR. WORKERS COMPENSATION: / c7 A. INSURANCE COMPANY: S C m� . L r as. �u h rl B. AM BEST RATING (A VII or greater) n' e- 4c c C. LIMITS: Statutory D. WAVIER OF SUBROGATION: (To include). Is it included? YesZ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? Yes No x IF NO, WHICH ITEMS NEED TO BE COMPLETED? 110 ILSS 'Ina U tD f u n fi-e e r S I CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL JAMBOREE ROAD MEDIAN IMPROVEMENTS CONTRACT NO. 3459 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, California 92663 -8915 Gentlemen: PR 1 of 6 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. 3459 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 1. Lump Sum Mobilization @Gio Dollars and r] G7_ Cents Per Lump Sum 2. Lump Sum Traffic Control ousawJ Dollars and CY) Cents Per Lump Sum 3. 11,724 S.F. Demolition @ e vi L Dollars and TC&644 r s e [IeM Cents Per Square Foot $ L 00 — $ I4q'' 9' • • PR2of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 1,300 L.F. Bore Under Exist. Roadway to Provide Conduit Sleeves @ 51 X�rr vL_ Dollars and �2o Cents $ O — Per Linear Foot 5. 12,863 S.F. Construct 4 -Inch Thick PCC Stamped Colored Concrete @nur Dollars and Cents Per Sq are Foot 6. 2,435 L.F. Install Moisture Barrier @ `f �i rrP__ Dollars _ and jLle Cents Per Lin ar root 7. 1 Each Construct Drain Inlet @ D e i . s i& Dollars and Cents Per Each 8. 130 L.F. Install 6 -Inch PVC Drain @ T Dollars and �0 Cents $ _�_ $ 0300 Per Linear Foot 9. 3 Each Install Reduced Pressure Device @ Dollars (-ivy r and 6o „ Cents $ 2 $ X00 Per Each 0 0 PR3of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 3 Each Install Irrigation Controller @6ov jLmusau4D011ars and L � Cents $ I,LZ $ nor) Per Each 11. 1 Each Install Electrical Main Connection to Irrigation Controller @ � e Dollars Fj �� In and o Cents $ 1, 500 $ 00 — Per Each 12. 1,170 L.F. Install 1'/z -Inch Schedule 40 PVC Main Line @ Ti" Dollars and O D Cents Per Linear Foot 13. 1,840 L.F. Install 2 -Inch Schedule 40 PVC Main Line @ Ern Dollars and on Cents $ if)__ $ f J Per Linear Foot 14. 280 L.F. Construct Trench and Patch Back @ o Dollars and LO Cents $ _1 7 $ Per Linear Foot 15. 255 Each Install Sprinkler Heads @U, r%T S e ye H Dollars and v Cents $ _ : $ 9 tf 5: Per Each 0 0 PR4of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 11 Each Install Remote Control Valves Dollars ri to q and O0 Cents $ :310 _ $ 41 2?� Per Each 17. 12 Each Install Quick Coupler Valves @ a Dollars So-Ue" 1 Grc)C -- and rl� n Cents $ 2= $ _3�&� Per Each 18. 1,192 Each Install 1- Gallon Shrubs @ fr tie— Dollars and ,rf av Cents $ $ 66 Per Each 19. 333 Each Install 5- Gallon Shrubs @ Stty" [-e-t Dollars and .o o Cents $ —./ — $ _ 44 L Per Each 20, 36 Each Install Eldarica Pine 24 -Inch Box with Root Barrier @jce. Dollars To and o r� Cents $ $ 1l•l� D Per Each 21. 62 Each Install Magnolia Grandiflora 15- Gallon with Root Barrier 7t—,ru _j, -u, Dollars !c}Je✓t y�ivC -and no Cents $ 22 $ 9 7 Per Each • • PR5of6 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. 2,940 S.F. 23. 23,380 S.F. 24. 23,380 S.F 25. Lump Sum 26. Lump Sum 27. Lump Sum Install Ground Cover @ Dollars and 5 f Y�v Xj vt- Cents $ $ 9 Per Square 'Foot Install Mulch @ 42 Dollars and Cents Per S4ucfre Foot Soil Preparation @ D Dollars and c I Cents Per Squa4 Foot $�sf $�o- $ $ Provide and Install Electrical Facilities @ a Dollars F and Cents $ _ Per Lump Sum Remove, Store and Reinstall Traffic Signs @ 7 —wo_ Dollars and l� n Cents $ 200 Per Lump Sum 60 -Day Plant Establishment and Maintenance Period @ 0V, Dollars ei v" and Cents $ _mow $ __�0_ Per Lump Sum • 0 PR6of6 TOTAL PRICE IN WRITTEN WORDS and .5P,le,., �- Tj y r r Cents $ Z,50 � Pr ce�(gures) N1 ` J `I 'A--f >Jj&VffiSe27-!- Date Bidd6r 339 -,�3k9 9 Bidders Telephone and Fax Numbers Bidder' nzed Signature and Title -7-790&q qjQ 4-6 910kci- I1 A7 4SA AfCpCoul1V4,U4 Bidder's License No(s). Bidder's Address 01 i ]yam and Classification(s) 0 0 1 1 1 1 2 2 2 2 2 2 2 2 2 3 3 3 4? 3 3 3 4 PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS JAMBOREE ROAD CONTRACT NO. 3459 INTRODUCTION PART 1 - -- GENERAL PROVISIONS SECTION 2 SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE 2 -9 SURVEYING 2 -9.3 Survey Service 2 -9.6 Survey Monuments SECTION 3 CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup SECTION 4 CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing SECTION 5 UTILITIES 5 -7 ADJUSTMENTS TO GRADE SECTION 6 PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6 -7 TIME OF COMPLETION 6 -7.1 General 6 -7.2 Working Days 6 -7.4 Working Hours 1 1 1 1 2 2 2 2 2 2 2 2 2 3 3 3 4? 3 3 3 4 6 -9 LIQUIDATED DAMAGES 4 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 4 7 -3 LIABILITY INSURANCE 4 7 -7 COOPERATION AND COLLATERAL WORK 5 7.8 PROJECT SITE MAINTENANCE 5 7 -8.5 Temporary Light, Power and Water 5 7 -8.6 Water Pollution Control 5 7 -8.8 Steel Plates 5 7 -10 PUBLIC CONVENIENCE AND SAFETY 5 7 -10.1 Traffic and Access 5 7 -10.2 Storage of Equipment and Materials in Public Streets 5 7 -10.3 Street Closures, Detours, Barricades 5 7 -10.4 Public Safety 6 7- 10.4.1 Safety Orders 6 7 -10.5 "No Parking" Signs 6 7.15 CONTRACTOR LICENSES 6 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS 6 SECTION 9 MEASUREMENT AND PAYMENT 7 9 -3 PAYMENT 7 9 -3.1 General 7 9 -3.2 Partial and Final Payment 10 PART 2--- CONSTRUCTION MATERIALS SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS 10 201 -1 PORTLAND CEMENT CONCRETE 10 201 -1.1.2 Concrete Specified by Class 10 PART 3 - -- CONSTRUCTION METHODS SECTION 300 EARTHWORK 10 300 -1.3.2 Requirements 10 300 -1.5 Solid Waste Diversion 10 s • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS JAMBOREE ROAD MEDIAN IMPROVEMENTS CONTRACT NO. 3459 INTRODUCTION SP 1 OF 10 All work necessary for the completion of this contract shall be done in accord with (1) these Special Provisions; (2) the Plans (Drawing No. R- 5788 -S); (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1994 edition), including Supplements; (4) Standard Specifications for Public Works Construction (1997 edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department. Copies of the Standard Specifications may be purchased from Building News, Inc., 1612 South Clementine Street, Anaheim, CA 92802, 714 - 517 -0970. The following Special Provisions supplement or modify the Standard Specifications for Public Works Construction as referenced and stated hereinafter: PART 1 GENERAL PROVISIONS SECTION 2-- -SCOPE AND CONTROL OF THE WORK 2 -6 WORK TO BE DONE. Add to this section: "The work necessary for the completion of this contract consists of the installation of landscape and irrigation improvements on Jamboree Road." 2 -9 SURVEYING 2 -9.3 Survey Service. Add to this section: "The Engineer will provide construction staking as required to construct the improvements. Any additional stakes or any restaking, or costs thereof, shall be the responsibility of the Contractor. The Contractor shall notify the City in writing two working days in advance of the time that the stakes are needed. The City's Surveyor will file a Corner Record or Record of Survey with the County Surveyor's Office prior to the start of any construction. After completion of all construction, the City's Surveyor will file a Corner Record or Record of Survey with the County Surveyor's Office for any monuments that have been replaced. All existing street and property corner monuments are to be preserved. The Contractor will be back - charged for the cost of restoring any survey monument damaged by the Contractor outside the project limits." • • SP2OF10 2 -9.6 Survey Monuments. The Contractor shall, prior to the beginning of work, inspect the project for existing survey monuments and protect them during construction operations. In the event that existing survey monuments are removed or otherwise disturbed during the course of work, the Contractor shall have the affected survey monuments restored per records, at his expense. The Contractor's Engineer or Licensed Surveyor shall also file the required Corner Records with the County of Orange upon monument restoration. SECTION 3 - -- CHANGES IN WORK 3 -3 EXTRA WORK 3 -3.2 Payment 3 -3.2.3 Markup. Replace this section with, "(a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ............. ............................... 20 2) Materials ........ ............................... 15 3) Equipment Rental ........................... 15 4) Other Items and Expenditures ........... 15 To the sum of the costs and markups provided for in this subsection, 1 percent shall be added for compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. This Section only applies to work in excess of the estimated quantities shown in the Proposal." SECTION 4 - -- CONTROL OF MATERIALS 4 -1 MATERIALS AND WORKMANSHIP 4 -1.3 Inspection Requirements 4 -1.3.4 Inspection and Testing. All material and articles furnished by the Contractor shall be subject to rigid inspection, and no material or article shall be used in the work until it has been inspected and accepted by the Engineer. The Contractor shall furnish the Engineer full information as to the progress of the work in its various parts and shall give the Engineer timely (48 hours minimum) notice of the Contractor's readiness for inspection. • SP3OF10 The Engineer shall select an independent testing laboratory and pay for all testing as specified in the various sections of the Standard Special Provisions and these Special Provisions. When, in the opinion of the Engineer, additional tests and retesting due to failed tests or inspections are required because of unsatisfactory results in the manner in which the Contractor executed his work, such tests and inspections shall be paid for by the Contractor. SECTION 5 - -- UTILITIES 5 -7 ADJUSTMENTS TO GRADE. The Contractor shall adjust to finish grade City -owned water meter boxes, water valve covers, and survey monuments. The Contractor shall coordinate the adjustment of Southern California Edison, The Gas Company, Pacific Bell and cable television facilities to the finish grade with the appropriate utility company. SECTION 6 - -- PROSECUTION. PROGRESS AND ACCEPTANCE OF THE WORK 6 -1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Add to this section: "No work shall begin until a "Notice to Proceed" has been issued, a pre - construction meeting has been conducted, and a schedule of work has been approved by the Engineer. The Contractor shall submit a construction schedule to the Engineer for approval a minimum of five working days prior to commencing any work. Schedule may be bar chart or CPM style. The Engineer will review the schedule and may require the Contractor to modify the schedule to conform to the requirements of the Contract Documents. If work falls behind the approved schedule, the Contractor shall be prohibited from starting additional work until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be constructed as the basis for payment of extra work because additional personnel and equipment were required on the job." 6 -7 TIME OF COMPLETION 6 -7.1 General. Add to this section: "The Contractor shall complete all work under the Contract within thirty (30) consecutive working days after the date shown on the "Notice to Proceed." The sixty (60) consecutive calendar days plant establishment and maintenance period shall commence immediately after all construction work has been completed." It will be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work." 6 -7.2 Working Days. Revise 3) to read: "any City holiday, defined as January 1st, the third Monday in January (Martin Luther King Day), the third Monday in February • • SP 4 OF 10 (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday in November (Thanksgiving), and December 25th (Christmas). If January 1st, July 4th, November 11th or December 25th falls on a Sunday, the following Monday is a holiday." 6 -7.4 Working Hours. Normal working hours are limited to 7:00 a.m. to 4:30 P.M. Monday through Friday. No lane closures before the hours 9 A.M. or after 3:00 P.M. Monday through Friday. Should the Contractor elect to work outside normal working hours, he must first obtain special permission from the Engineer. The request may be for 4:30 P.M. to 6:30 P.M. on weekdays or 8:00 A.M. to 6 P.M. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $55.00 per hour when such time periods are approved. 6 -9 LIQUIDATED DAMAGES. Revise sentence three to read: "For each consecutive calendar day after the thirty consecutive working days specified for completion of the work, the time specified for completion of Work, whichever occurs first, as adjusted in accordance with subsection 6 -6, the Contractor shall pay to the City or have withheld from moneys due it, the daily sum of $500. Revise paragraph two, sentence one, to read: "Execution of the Contract shall constitute agreement by the Agency and Contractor that $500 per day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time." The intent of this section is to emphasize to the Contractor the importance of prosecuting the work in an orderly - preplanned continuous sequence so as to minimize the disruption time to the public. SECTION 7 - -- RESPONSIBILITIES OF THE CONTRACTOR 7 -3 LIABILITY INSURANCE. Add to this section: "The Contractor shall furnish City with certificates of insurance with original endorsements effecting coverage required by this contract (Section G) to the City for processing and approval prior to City permitting any work on site to commence. The City of Irvine shall be named as an additionally insured party in the Contract for the Project, and shall be insured for the amounts specified in Section 6 -1 of the Special Provisions and Section G of the Contract. The Contractor shall protect the base of the "City of Newport Beach" entry sign, at the City limits, in place. Contractor shall notify City forces 48 hours in advance of any work of the need to remove the entry sign." • • SP 5 OF 10 7 -7 COOPERATION AND COLLATERAL WORK. Add to this section: "The Engineers from both Cities will coordinate for spot inspections and a site walk prior to completion of the project." 7 -8 PROJECT SITE MAINTENANCE 7 -8.5 Temporary Light, Power and Water. Add to this section: "If the Contractor elects to use the City's water, he shall arrange for a meter and tender an $813 meter deposit with the City. Upon return of the meter to the City, the deposit will be returned to the Contractor, less a quantity charge for water usage and repair charges for damage to the meter." 7 -8.6 Water Pollution Control. Add to this section: "Surface runoff water containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into any catch basin or the bay." 7 -8.8 Steel Plates. The City can provide a limited quantity of steel plates. These plates may be obtained for a rental charge of $15.00 per plate per week or part thereof. In addition the Contractor shall deposit $100 for the use of the City's lifting eye fitting and for the use of trench plates. The Contractor shall obtain plates from and return plates to the City's Utilities Yard at 949 West 16th Street. To determine the number of plates available and to reserve the plates, the Contractor must call the City's Utilities Superintendent, Mr. Ed Burt, at (949) 718 -3402. 7 -10 PUBLIC CONVENIENCE AND SAFETY 7 -10.1 Traffic and Access. Add to this section: "The Contractor shall provide traffic control and access in accord with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc." 7 -10.2 Storage of Equipment and Materials in Public Streets. Delete the first paragraph and add the following: "Construction materials shall not be stored in streets, roads, or sidewalk areas." 7 -10.3 Street Closures, Detours and Barricades. Add to this section: "The Contractor shall submit to the Engineer - at least five working days prior to the pre - construction meeting - a traffic control plan and detour plans(s) for each street and parking lot. The Contractor will be responsible for processing and obtaining approval of a traffic control plans from the City's Traffic Engineer. The Contractor shall adhere to the conditions of the traffic control plan. All traffic control plans shall be prepared by a licensed Traffic Engineer and conform to the provisions of the WORK AREA TRAFFIC CONTROL HANDBOOK (W.A.T.C.H), 2001 Edition. The traffic control and detour plans must meet the following requirements: 1. Emergency vehicle access shall be maintained at all times. 2. The locations and wordings of all barricades, signs, delineators, lights, warning devices, parking restrictions, and any other required details shall ensure that all • SP6OF10 pedestrian and vehicular traffic will be handled in a safe manner with a minimum of inconvenience to the public. 3. All advanced warning sign installations shall be reflectorized and /or lighted. 4. Lane closures will be limited to 9:00 A.M. to 3:00 P.M. 5. The Contractor must maintain two traffic lanes for each direction between 9 :00 AM and 3:00 PM weekdays and all traffic lanes must be open at all other times. The traffic lane adjacent to the median may be closed on each side at the same time. 7 -10.4 Public Safety 7- 10.4 -1 Safety Orders. Add to this section: "The Contractor shall be solely and completely responsible for conditions of the job -site, including safety of all persons and property during performance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations, and orders relating to the safety of the public and workers. The right of the Engineer to conduct construction review or observation of the Contractor's performance shall not include review or observation of the adequacy of the Contractor's safety measures in, on, or near the construction site." 7 -10.5 "No Parking" Signs. The Contractor shall furnish, install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least forty -eight hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division at (949) 644 -3717, for verification of posting at least forty -eight hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimensions of 12- inches wide and 18- inches high; and (3) be similar in design and color to sign R -38 of the CalTrans Uniform Sign Chart. The Contractor shall print the hours and dates of parking restriction on the "NO PARKING -TOW AWAY" sign in 2 -inch high letters and numbers. A sample of the completed sign shall be reviewed and approved by the Engineer prior to posting. 7 -15 CONTRACTOR'S LICENSES. At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License or Landscape Contractors "C -27" License. At the start of work and until completion of work, the Contractor and all Sub - contractors shall possess a Business License issued by the City of Newport Beach. 7 -16 CONTRACTOR'S RECORDS /AS BUILT DRAWINGS. A stamped set of approved plans and specifications shall be on the job site at all times. In addition, the Contractor shall maintain "As- Built" drawings of all work as the job progresses. A separate set of drawings shall be maintained for this purpose. These drawings shall be up -to -date and submitted to the Engineer at the time each progress bill is submitted. • • SP 7 OF 10 Upon completion of the project, the Contractor shall provide "As- Built" corrections upon a copy of the Plans. The "As- Built" correction plans shall be submitted to the Engineer prior to final payment or release of any bonds. The Contractor shall maintain books, records, and documents in accord with generally accepted accounting principles and practices. These books, records, and documents shall be retained for at least three years after the date of completion of the project. During this time, the material shall be made available to the Engineer. Suitable facilities are to be provided for access, inspection, and copying of this material. SECTION 9 - -- MEASUREMENT AND PAYMENT 9 -3 PAYMENT 9 -3.1 General. Revise paragraph two to read: "The unit and lump sum prices bid for each item of work shown on the proposal shall include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work to complete the work in place and no other compensation will be allowed thereafter. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. The following items of work pertain to the bid items included within the Proposal: Item No. 1 Mobilization: Work under this item shall include all preparation and scheduling of materials and equipment necessary to complete the contract work. Item No. 2 Traffic Control: Work under this item shall include providing the required traffic control including, but not limited to, preparation of traffic control plans, signs, delineators, traffic cones, barricades, arrowboards, steel plates, and all other work necessary to comply with the WATCH and the City of Newport Beach requirements. This item shall also include the delivery of all required notices, posting of signs, and all other costs incurred in notifying the residents. Item No. 3 Demolition: Work under this item shall include the removal and disposal of the existing asphalt pavement, gravel, soil, or other material necessary to install irrigation and landscaping, and all other work items as required to complete the work in place. Item No. 4 Bore Under Existing Roadway and Install Conduit Sleeves: Work under this item shall include the removal and disposal of the existing roadway in the jacking pit and receiving pit, jacking of conduit sleeves, trench patching and restoration of the jacking pit to match existing roadway, restoration of all existing improvements damaged by the work, and all other work items as required to complete the work in place. Item No. 5 Construct 4 -Inch Thick P.C.C. Stamped Colored Concrete: Work under this item shall include the subgrade compaction, construction of new 4 -inch thick P.C.C. stamped colored concrete, and all other work items as required to complete the work in place. • SPSOF10 Item No. 6 Install Moisture Barrier: Work under this item shall include the excavation, installation and all other work necessary to install the moisture barrier in the project limits complete and in place. Item No. 7 Construct P.C.C. Drain Inlet: Work under this item shall include, the construction of a P.C.C. drain inlet including but not limited to, pavement removal, excavation, temporary patching or plating, control of ground and surface water, backfill, compaction, disposal of excess excavated materials, construction of inlet, installation of drain frames and covers, and all other work necessary to construct the P.C.C. drain inlet complete and in place. Item No. 8 Install 6 -Inch Diameter P.V.C. Drain: Work under this item shall include the furnishing and installation of a 6 -Inch diameter P.V.C. drain, C -900, excavation, connection to drainage facilities, compaction of cover soil, and all other work necessary to install a 6 -Inch diameter P.V.C. Drain complete and in place. Item No. 9 Install R.P. Device: Work under this item shall include the installation and testing of a reduced pressure (R.P.) device, and all work necessary to install R.P. device complete and in place. Item No. 10 Install Irrigation Controller: Work under this item shall include the installation and testing of an irrigation controller, and all work necessary to install irrigation controller complete and in place. Item No. 11 Install Electrical Main Connection for Irrigation Controller: Work under this item shall include, excavation, conduit, conductors, installation, testing, and all work necessary to install an electrical main connection for the irrigation controller complete and in place. Item No. 12 Install 1 1/2-Inch Schedule 40 P.V.C. Main Line: Work under this item shall include the furnishing, excavation, backfill, compaction, testing, installation of a 1 '' /2- -Inch diameter schedule 40 P.V.C. main line, and all other work necessary to install the 1 '/- Inch diameter schedule 40 main line complete and in place. Item No. 13 Install 2 -Inch Schedule 40 P.V.C. Main Line: Work under this item shall include the furnishing, excavation, backfill, compaction, testing, installation of a 2 -Inch diameter schedule 40 P.V.C. main line, and all other work necessary to install the 2 -Inch diameter schedule 40 main line complete and in place. Item No. 14 Construct Trench and Patch Back: Work under this item shall include pavement removal, exposing utilities in advance of pipe excavation operations, trench excavations, temporary patching or trench plates, control of ground and surface water, bedding, backfill, compaction, potholing of all existing facilities, temporary and permanent support of utilities, disposal of excess excavation materials and all other work necessary to construct trench and patch back complete and in place. • • SP90F 10 Item No. 15 Install Sprinkler Heads: Work under this item shall include, providing, installing, testing of sprinkler heads, and all work necessary to install sprinkler heads complete and in place. Item No. 16 Install Remote Control Valves: Work under this item shall include, providing, installing, testing of remote control valves, and all work necessary to install remote control valves complete and in place. Item No. 17 Install Quick Coupler Valves: Work under this item shall include, providing, installing, testing of quick coupler valves, and all work necessary to install quick coupler valves complete and in place. Item No. 18 Install One Gallon Shrubs: Work under this item shall include, providing one gallon shrubs, and installation of one gallon shrubs, and all work necessary to install one gallon shrubs complete and in place. Item No. 19 Install Five Gallon Shrubs: Work under this item shall include, providing five gallon shrubs, and installation of five gallon shrubs, and all work necessary to install five gallon shrubs complete and in place. Item No. 20 Install Eldarica Pine with Root Barrier: Work under this item shall include, providing 24 -Inch Box Eldarica Pine and Century Products Root Barrier, and installation of 24 -Inch Box Eldarica Pine and root barrier, and all work necessary to install 24 -Inch Box Eldarica Pine and root barrier complete and in place. Item No. 21 Install Magnolia Grandaflora with Root Barrier: Work under this item shall include, providing 15- Gallon Magnolia Grandaflora and Century Products Root Barrier, and installation of 15- Gallon Magnolia Grandaflora and root barrier, and all work necessary to install 15- Gallon Magnolia Grandaflora and root barrier complete and in place. Item No. 22 Install Ground Cover: Work under this item shall include, providing ground cover, and installation of ground cover, and all work necessary to install ground cover complete and in place. Item No. 23 Install Mulch: Work under this item shall include, providing Mulch, installation of mulch, and all work necessary to install mulch complete and in place. Item No. 24 Soil Preparation: Work under this item shall include soil preparation, and all work necessary for soil preparation complete and in place. Item No. 25 Provide and Install Electrical Facilities: Work under this item shall include providing and furnishing all electrical facilities, and all other work necessary to provide and furnish all electrical facilities complete and in place. Item No. 26 Remove, Store and Reinstall Traffic Signs: Work under this item shall include removing, storing in a manner approved by the engineer and reinstalling per city standards all traffic signs within the project limits complete and in place. Item No. 27 60 -Day Plant Establishment and Maintenance Period: Work under this item shall include the maintenance of all plantings, weeding, irrigation, fertilization, �, ~, • • SP 10 OF 10 replacement of dying plantings for a period of 60 consecutive calendar days, and all other work necessary for 60 -day plant establishment and maintenance complete and in place. 9 -3.2 Partial and Final Payment. Add to this section: 'Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code." PART 2 CONSTRUCTION MATERIALS SECTION 201 - -- CONCRETE. MORTAR, AND RELATED MATERIALS 201 -1 PORTLAND CEMENT CONCRETE 201 -1.1.2 Concrete Specified by Class. Add to this section: 'Portland Cement concrete for construction shall be Class 560 -C- 3250." PART 3 CONSTRUCTION METHODS SECTION 300 - -- EARTHWORK 300 -1.3.2 Requirements (c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections. Replace the first sentence of this Section with: "Saw cuts shall be neatly made to a minimum of two (2) inches." And replace the words "1' /z- inch" of the last sentence with the words "two (2) inches." 300 -1.5 Solid Waste Diversion. Non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility. TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: JAMBOREE ROAD MEDIAN IMPROVEMENTS - NO. 3459 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Allow Oakridge Landscape, Inc., to withdraw their bid. June 11, 2002 CITY COUNCIL AGENDA jUN 1 1 2002 3. Award Contract No. 3459 to Mega Way Lighting Inc., for the Total Bid Price of $250,055.73, and authorize the Mayor and the City Clerk to execute the contract. 4. Establish an amount of $25,000.00 to cover the cost of unforeseen work and testing. 5. Approve a Budget Amendment authorizing an increase of $100,300 to Account No. 7261- C5100580 from the unappropriated balance of the Transportation and Circulation Fund. DISCUSSION: At 11:00 A.M. on May 29, 2002, the City Clerk opened and read the following bids for this project: Oakridge Landscaping Inc., indicated they made several clerical errors in their bid and have asked to be allowed to withdraw their bid. Staff has reviewed the documentation supplied by the contractor and approves the contractor's request. BIDDER TOTAL BID AMOUNT Low Oakridge Landscape Inc. " $156,172.17 2 Mega Way Lighting Inc., dba Mega Way Enterprises $250,055.73 3 Pima Corporation $263,717.00 4 Nakae & Associates $266,466.00 5 Southland Construction $268,065.00 6 Nativ Engineering $274,449.40 7 S & M Landscape Inc. $279,370.65 Corrected Bid Amount is $146,108.81 Oakridge Landscaping Inc., indicated they made several clerical errors in their bid and have asked to be allowed to withdraw their bid. Staff has reviewed the documentation supplied by the contractor and approves the contractor's request. Subject: Jamboree Road tan Improvements — Award of Contract No. 340 June 11, 2002 Page: 2 The lowest responsible Total Bid Amount is 4 percent below the Engineer's Estimate of $260,000. The lowest responsible bidder, Mega Way Lighting Inc., possesses a General "A" contractors license as required by the project specifications. A check of Mega Way Lighting Inc., references indicates they have satisfactorily completed various similar improvement projects for other Southern California agencies. This project provides for a cooperative project between the City of Newport Beach and the City of Irvine for design and installation of landscape improvements on the Jamboree Road Medians between Bristol Street North and Campus Drive. A Cooperative Agreement has been approved by both City Councils and signed by the Mayors of each city. Since the improvements are within both the City of Newport Beach and the City of Irvine, the City of Irvine has agreed to reimburse the City of Newport Beach for their portion of the construction costs, estimated at $77,800 for construction and $10,530 for administrative and inspection services. There are sufficient funds available in the following accounts for the work: Account Description Account Number Amount Transportation and Circulation 7261- C5100580 $200,232.73 Contributions (from City of Irvine) 7251- C5100580 74,823.00 Total: $275,055.73 Respectfully, st fbmie�d, -4 , PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director By: J, �V/ - '/' 4- - Stephen . Luy, P. C:. Project Manager Attachment: Project Location Map Bid Summary Oakridge Landscape letter Draft Cooperative Agreement 05/30/2002 13:38 9496536597 • OAKRIDGE • PAGE 01 4 I c C 7 9 9% 6 5 May 30, 2002 To: City Of Newport Beach 3300 Newport Blvd. Newport Beach CA. 92658 Attn: Public Works Department Stephen J. Luy Project Manager Regarding; Jamboree Rd. Median Improvements contract # 3459 Dear Mr Luy, Please consider this a formal request that we be released from our bid on the above reference project and that our bid bond be returned. We made several substantial errors in the preparation of our bid. 1.There was no bid item tb cover the low voltage electrical wiring from the controller to the valves. We failed to include these costs in various other bid items. 2. There was no bid item for lateral line piping. We failed to cover this work in the various other bid items. 3. Our unit price number 6 for the installation of moisture barrier covers the cost of material only. We failed to include the labor necessary to dig, install and backfill the moisture barrier. 4. We failed to bid item number 26. 5. in demolition item number 3 we failed to cover costs to fine grade and prep for new concrete. We respectfully request that we be released from our bid. We sincerely apologize for any inconvenienced this has caused you or the City of Newport Beach. Sincerel oakridge Landscape Cbarles R. John, - CFO' a W m O a W Z L. 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O M N In W t0 O O O) W l0 OJ O 16 (V h M. a �Na�Ornaam da.�Nmrnn�n��na��n, w wow -+maa n tOOi:�vNn.: .Q N ¢ ko Q N °� ooin0000000000000000000�n�n000 d ooNOinn00000dm00000000m. -+0000 ter a a v a 6 - t i 000 a H W z z 0) N a m a 00 m `�D N N M " m a � n N N l0 N vi 't m a 1.i Il. 1 SO� O a O N 0 CONTRACT NO. 3459 CITY OF NEWPORT BEACH DRAWN s Or ` DATE PUBLIC WORKS DEPARTMENT APPROVED�� JAMBOREE ROAD MEDIAN IMPROVEMENTS BRISTOL STREET TO CAMPUS DRIVE DRAWING No. EXHIBIT A • "DRAFT" • COOPERATIVE AGREEMENT For Jamboree Road Median Improvements from Bristol Street to Campus Drive This Agreement is made and entered into this day of , 2002, by and between the CITY OF NEWPORT BEACH ( "Newport Beach ") and the CITY OF IRVINE ( "Irvine "): RECITALS WHEREAS, the median reconstruction of Jamboree Road between Bristol Street and Campus Drive, is a project that involves Irvine and Newport Beach because the city boundary line exists along the centerline of the Project. CONTRACT TERMS AND CONDITIONS Newport Beach will supervise the construction of the Project to the best of its ability within the established budget and time frame, and shall implement and complete the Project under guidelines established by the Cities of Newport Beach and Irvine, and will follow all public bid and contract procedures. 2. The terms of this Agreement cover the administrative responsibilities of the parties with regard to the Project, but not the actual construction of the Project itself, although Newport Beach will cause the construction to be completed. Irvine has reviewed and signed the final design drawings and reviewed the engineer's construction cost estimate (Attachment "A "). Irvine shall receive a complete breakdown of the actual construction costs prior to invoicing, and shall be invoiced for its portion of the cost incurred by Newport Beach upon completion of the construction phase. 4. The total cost for the project is estimated at $286,000, which includes a 10% contingency. Subject to prior approval by Irvine of the award for the construction contract, Irvine will reimburse Newport Beach for Irvine's share of construction costs estimated at $77,800. The total cost for construction administration, survey, testing, and inspection is estimated at $39,000 of which Irvine would be responsible for $10,530. Newport Beach will invoice Irvine when the project is complete and Irvine shall make payment to Newport Beach within 30 days of the invoice. 5. Additional consulting services affecting Irvine shall be reviewed and approved by Irvine. Change orders affecting Irvine shall be reviewed and approved by Irvine prior to granting approval with the Contractor. 7. The total landscaped area is approximately 23,380 square feet of which 5,920 square feet is within Irvine City limits. The total annual irrigation and maintenance costs are estimated at $6,700. Newport Beach will pay for irrigation and maintenance for the median planters. Irvine • "DRAFT" • will reimburse 25% of that total cost to the City of Newport Beach, estimated at $1675. Irvine will be invoiced annually and payment is due within 30 days of the invoice. 8. Inspectors and/or engineers from both Cities will coordinate for spot construction inspections and a site walk prior to completion of the project. 9. As referenced in the Drawings, Special Provisions, Proposal and Contract for the Project, the "Owner" shall refer to Newport Beach and the contract responsibilities held by Newport Beach. 10. Newport Beach shall require that the independent contractor provide the necessary insurance coverage for construction work, as specified in Section 6 -1 of the Special Provisions and Section G of the Contract for the Project. Newport Beach and Irvine shall be named as additionally insured parties in the Special Provisions and Contract for the Project, and shall be insured for the amounts specified in Section 6 -1 of the Special Provisions and Section G of the Contract. 11. The following staff members, or as otherwise designated in writing by the City Manager of Irvine or the City Manager of Newport Beach, shall be the selected representatives of each City to act in each respective City's behalf with respect to this Agreement. Any notices, requests, approvals, or communications shall be given to each representative noted below: To Newport Beach: Bill Patapoff Public Works Department P.O. Box 1768 Newport Beach, CA 92658 -8915 (949) 644 -3321 To Irvine: James H. Eldridge Public Works Department P.O. Box 19575 Irvine, California 92623 -9575 (949) 724 -7556 12. Each of the parties agrees to do all things in a timely manner reasonably necessary or convenient to carry out the spirit, intentions and objectives described in this Agreement whether or not expressly prescribed herein and no consent, agreement, approval, concurrence, decision, determination or action shall be unreasonably withheld by either party. 13. Any controversy or claim arising out of this Agreement or alleged breach thereof shall first be resolved through voluntary mediation or as otherwise designated in writing by the City Manager of Newport Beach or the City Manager of Irvine. Said City Managers shall be the selected representatives of each City to act in each respective City's behalf with respect to this Agreement. 14. Newport Beach shall indemnify, defend, save and hold harmless Irvine, its City Council, officers, and employees from and against 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 caused by the willful actions or active negligence of Newport Beach, its employees, or agents in the performance of its obligations pursuant to this Agreement, and shall include attorneys' fees and other reasonable costs incurred in defending any such claim. "DRAFT" • 15. Irvine shall indemnify, defend, save and hold harmless Newport Beach, its City Council, officers, and employees from and against 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 caused by the willful actions or active negligence of Irvine, its employees, or agents in the performance of its obligations pursuant to this Agreement, and shall include attorneys' fees and other reasonable costs incurred in defending any such claim. 16. This Agreement represents the entire understanding of the parties as to those matters contained herein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered in this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of California, and construed as if drafted jointly by Irvine and Newport Beach. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 17. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. This Agreement shall be made effective upon execution by both parties and shall remain in effect until project reimbursement is complete or both parties agree to amend or terminate it. IN WITNESS WHEREOF, Newport Beach and Irvine have caused this Agreement to be executed by its duly authorized officers and representatives, respectfully, on this day of .2002. CITY OF NEWPORT BEACH By: Tod W. Ridgeway, Mayor By: City Clerk APPROVED AS TO FORM: By: City Attorney CITY OF IRVINE By: Larry Agran, Mayor By: City Clerk APPROVED AS TO FORM: By: City Attorney pity of Newport Beach* BUDGET AMENDMENT 2001 -02 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues Ix from unappropriated fund balance EXPLANATION: NO. BA- 046 AMOUNT: 51oo,3oa.00 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditure appropriations related to the Jamboree Road Median Improvement project, C -3459. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 260 3605 REVENUE ESTIMATES (3601) Fund /Division Account EXPENDITURE APPROPRIATIONS (3603) Amount Debit Credit Description Circulation & Transportation $100,300.00 Description Description Division Number 7261 Circulation & Transportation Account Number C5100580 Jamboree Road Median Imrprovements $100,300.00 Division Number Account Number Division Number Account Number Division Number Account Number Division Number Account Number Automatic System Entry. Signed: Financial Approval: Administrative Se ices Director Date Signed: �. Q� Administrative Approval, /City Manager ate Signed: City Council Approval: City Clerk Date (Oy of Newport Beach BUDGETAMENDMENT 2001 -02 EFFECT ON BUDGETARY FUND BALANCE: , Increase Revenue Estimates j PX Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations from additional estimated revenues X from unappropriated fund balance EXPLANATION: �: � NO. BA- 046 AMOUNT: S1oo,300.00 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase expenditure appropriations related to the Jamboree Road Median Improvement project, C -3459. I ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Fund Account 260 3605 REVENUE ESTIMATES (3601) Fund/Division Account EXPENDITURE APPROPRIATIONS (3603) Division Account Division Account Division Account Division Account Division Account Signed Signed Signed Description Circulation & Transportation Description Description Number 7261 Circulation & Transportation Number C5100580 Jamboree Road Median Imrprovements Number Number Number Number Number Number Number Number Amount Debit Credit $100,300.00 ' Automatic $100,300.00 C,/; - 3 -vim Financial Approval: Administrative Services Director Date Administrative Approval,/City Manager City Council Approval: City Clerk Date r - -%,L15q .. ACORU CERTIFICATg OF LIABILITY INSU NCF.1D AC DATE IMWDD( ) GAL_ 06/03/02 THIS CERTIFICATE IS 795UED AS A MATTER OF INFORMATION PRODUCER MW Powers & Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Agents & Brokers P. O. Box 619043 Lic #OBO2564 HOLDER. THIS CERTIFICATE DOESS,�..[[)J END, EXTEND OR ALTER THE COVERAGE AFFORDEb IOIHS LOW. A Roseville CA 95661 -9043 Phone:916- 630 -8643 Fax:800- 783 -0083 INSURERS AFFORDING COVERAGE INSURED INSURER A: Environmental ae 1 I INSURER B: Tops, Inenr8nCe COm an ' FIRE DAMAGE(My wofirs) INSURER C: Mega Lighting DBA -Mega Way Ent 919 1/2 N. Azusa Ave Covina CA 91722 INSURER D: O`I ^C nr - INSURER E: CITj`i`F" �J,'.l ';• COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INTR TYPE OF INSURANCE POLICY NUMBER DATE MAUOOM' DATEYMM/OD/YY N LIMRB A GENERAL LIABILITY tXCOMMERCIAL GENERAL LIABILITY CLAIMS MADE OX OCCUR ner /font Prot. 1187EGO02635 04/16/02 04/16/03 EACH OCCURRENCE S1,000,000 FIRE DAMAGE(My wofirs) $50,000 MED EXP(Any ane person) 51,000 PERSONAL B ADV INJURY $1,000,000 GENERAL AGGREGATE $ 21000,000 PGE'L AGGREGATE LIMIT APPLIES PER: POLICY n JECT LOC PRODUCTS - COMPIOP AGG $ 2,000,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMB (ES erdWrd) S BODILY INJURY (Per Person) $ BODILY INJURY (Per aWdmt) 5 PROPERTYDAMAGE (Per aaidmr) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT Is OTHER THAN EA ACC ALTO ONLY: AGG $ S B EXCESS LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION 5 XL13173 04/16/02 04/16/03 EACH OCCURRENCE 51,000,000 AGGREGATE $1,000,000 5 3 S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY I WC TORY LIMBS ER E.L. EACH ACCIDENT Is E.L. DISEASE -EA EMPLOYE $ E.L. DISEASE - POLICY LIMB $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Certificate holder is shown as Additional Insured but only with respect to liability arising out of operations performed by named insured. * *10 day notice of cancellation applies for non payment of premium. L,CR I IrIVA I C nVLUCK y ADDITIONAL INSURED; INSURER LETTER: A GANL,CLLAI IVN CITYOFN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Newport Beach DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYSWRTTEN Attn: City Clerk NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, SVr FAILURE TO 00 SO SHALL FAX: 949 - 644 -3318 3300 Newport Beach IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Newport beach CA 9265E i REPRES =C C52, ACORD 255 WK-11 1 • • Policy Number 1187EGO02635 Commercial General Liability THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - - -- OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE NAME OF PERSON ORGANIZATION: City of Newport beach 3300 Newport Beach Blvd Newport Beach CA 92658 (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 as an insured but only with respect to liability arising out of your ongoing operations performed for that insured. CG 20 10 10 93 Copyright, Insurance Services Office, Inc. 1992 Conforms Witt, Cit ncil Ac:icn on: For mor�infor'Uatlon, contact 1 at ext.— 3'/Z • COOPERATIVE AGREEMENT For Jamboree Road Median Improvements from Bristol Street to Campus Drive This Agreement is made and entered into this 15�" day of McuL4 , 2002, by and between the CITY OF NEWPORT BEACH ( "Newport Beach ") and the CITY OF IRVINE ( "Irvine "): RECITALS WHEREAS, the median reconstruction of Jamboree Road between Bristol Street and Campus Drive, is a project that involves Irvine and Newport Beach because the city boundary line exists along the centerline of the Project. CONTRACT TERMS AND CONDITIONS 1. Newport Beach will supervise the construction of the Project to the best of its ability within the established budget and time frame, and shall implement and complete the Project under guidelines established by the Cities of Newport Beach and Irvine, and will follow all public bid and contract procedures. 2. The terms of this Agreement cover the administrative responsibilities of the parties with regard to the Project, but not the actual construction of the Project itself, although Newport Beach will cause the construction to be completed. 3. Irvine has reviewed and signed the final design drawings and reviewed the engineer's construction cost estimate (Attachment "A "). Irvine shall receive a complete breakdown of the actual construction costs prior to invoicing, and shall be invoiced for its portion of the cost incurred by Newport Beach upon completion of the construction phase. 4. The total cost for the project is estimated at $286,000, which includes a 10% contingency. Subject to prior approval by Irvine of the award for the construction contract, Irvine will reimburse Newport Beach for Irvine's share of construction costs estimated at $77,800. The total cost for construction administration, survey, testing, and inspection is estimated at $39,000 of which Irvine would be responsible for $10,530. Newport Beach will invoice Irvine when the project is complete and Irvine shall make payment to Newport Beach within 30 days of the invoice. 5. Additional consulting services affecting Irvine shall be reviewed and approved by Irvine. 6. Change orders affecting Irvine shall be reviewed and approved by Irvine prior to granting approval with the Contractor. 7. The total landscaped area is approximately 23,380 square feet of which 5,920 square feet is within Irvine City limits. The total annual irrigation and maintenance costs are estimated at $6,700. Newport Beach will pay for irrigation and maintenance for the median planters. Irvine 1 0 0 will reimburse 25% of that total cost to the City of Newport Beach, estimated at $1675. Irvine will be invoiced annually and payment is due within 30 days of the invoice. 8. Inspectors and/or engineers from both Cities will coordinate for spot construction inspections and a site walk prior to completion of the project. 9. As referenced in the Drawings, Special Provisions, Proposal and Contract for the Project, the "Owner" shall refer to Newport Beach and the contract responsibilities held by Newport Beach. 10. Newport Beach shall require that the independent contractor provide the necessary insurance coverage for construction work, as specified in Section 6 -1 of the Special Provisions and Section G of the Contract for the Project. Newport Beach and Irvine shall be named as additionally insured parties in the Special Provisions and Contract for the Project, and shall be insured for the amounts specified in Section 6 -1 of the Special Provisions and Section G of the Contract. 11. The following staff members, or as otherwise designated in writing by the City Manager of Irvine or the City Manager of Newport Beach, shall be the selected representatives of each City to act in each respective City's behalf with respect to this Agreement. Any notices, requests, approvals, or communications shall be given to each representative noted below: To Newport Beach: Bill Patapoff Public Works Department P.O. Box 1768 Newport Beach, CA 92658 -8915 (949) 644 -3321 To Irvine: James H. Eldridge Public Works Department P.O. Box 19575 Irvine, California 92623 -9575 (949) 724 -7556 12. Each of the parties agrees to do all things in a timely manner reasonably necessary or convenient to carry out the spirit, intentions and objectives described in this Agreement whether or not expressly prescribed herein and no consent, agreement, approval, concurrence, decision, determination or action shall be unreasonably withheld by either party. 13. Any controversy or claim arising out of this Agreement or alleged breach thereof shall first be resolved through voluntary mediation or as otherwise designated in writing by the City Manager of Newport Beach or the City Manager of Irvine. Said City Managers shall be the selected representatives of each City to act in each respective City's behalf with respect to this Agreement. 14. Newport Beach shall indemnify, defend, save and hold harmless Irvine, its City Council, officers, and employees from and against 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 caused by the willful actions or active negligence of Newport Beach, its employees, or agents in the performance of its obligations pursuant to this Agreement, and shall include attorneys' fees and other reasonable costs incurred in defending any such claim. 2 15. Irvine shall indemnify, defend, save and hold harmless Newport Beach, its City Council, officers, and employees from and against 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 caused by the willful actions or active negligence of Irvine, its employees, or agents in the performance of its obligations pursuant to this Agreement, and shall include attorneys' fees and other reasonable costs incurred in defending any such claim. 16. This Agreement represents the entire understanding of the parties as to those matters contained herein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered in this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of California, and construed as if drafted jointly by Irvine and Newport Beach. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 17. The persons executing this Agreement on behalf of the parties hereto warrant that they are duty authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. This Agreement shall be made effective upon execution by both parties and shall remain in effect until project reimbursement is complete or both parties agree to amend or terminate it. IN WITNESS WHEREOF, Newport Beach and Irvine have caused this Agreement to be executed by its duly authorized officers and representatives, respectfully, on this cod- day of 2002. CITY OF NEWPORT BEACH By: Tod W. Ridg. y, Mayor Sn A , By: City Clerk APPROVED AS TO FORM: By: City Attorney 9 CITY OF IRVINE By:" Larry APPROVED AS TO FORM: MAY 14 1001 TO: Mayor and Members of the City Council FROM: Public Works Department May 14, 2002 CITY COUNCIL AGENDA ITEM NO. 11 SUBJECT: COOPERATIVE AGREEMENT BETWEEN THE CITY OF IRVINE AND THE CITY OF NEWPORT BEACH FOR THE INSTALLATION OF MEDIAN LANDSCAPING ON JAMBOREE ROAD BETWEEN CAMPUS DRIVE AND BRISTOL STREET RECOMMENDATION: Approve the Cooperative Agreement (Agreement) between the City of Newport Beach (Newport Beach) and the City of Irvine (Irvine) for the installation of median landscaping on Jamboree Road between Campus Drive and Bristol Street, and authorize the Mayor and the City Clerk to execute the Agreement. DISCUSSION: Staff is requesting the City Council approve an Agreement for the installation of median landscaping along Jamboree Road between Campus Drive and Bristol Street. Because the City boundary line generally exists along the centerline of Jamboree Road this project involves the cities of Newport Beach and Irvine. Prior to construction of these improvements, the Agreement must be executed by both City Councils. Irvine's City Council will be meeting on May 14, 2002, to authorize its Mayor to sign the Agreement. The Agreement outlines the total installation costs and administrative roles and responsibilities for construction and maintenance of the project. The proposed improvements include the removal of existing median pavement and the installation of stamped colored concrete, trees, shrubs, ground cover, and irrigation systems. As outlined in the Agreement, Newport Beach will supervise the construction of this project within established budgets and time frames and will complete the project using guidelines established by both the cities of Newport Beach and Irvine. The final design drawings and cost estimates have been reviewed and approved by both cities. Construction is anticipated to start in June of 2002. The total cost for the project is estimated at $286,000, which includes a 10 percent contingency. Irvine will reimburse Newport Beach for Irvine's share of construction costs estimated at $77,800. The total cost for construction administration, survey, testing, and inspection is estimated at $39,000 of which Irvine would be responsible for $10,530. SUBJECT: COOPERATIVWREEMENT BETWEEN THE CITY OF IRVINE THE CITY OF NEWPORT BEACH FOR THE INSATION OF MEDIAN LANDSCAPING ON JAMBO�ROAD BETWEEN CAMPUS DRIVE AND BRISTOL STREET May 14, 2002 Page 2 The total landscaped area is approximately 23,380 square feet and 5,920 square feet of that is within Irvine's city limits. Total annual irrigation and maintenance costs for the median planters are estimated at $6,700 and Newport Beach will pay these costs. Irvine will reimburse Newport for 25 percent of this total annual cost. The Contract for this work will be awarded this fiscal year and funding is provided in the current Capital Improvement Program budget. Respectfully WORKS DEPARTMENT G. Badum, Director By: ,X / -- Stepher(J.'Luy,115.P. Project Manager Attachments: Agreement Project Location Map 0 COOPERATIVE AGREEMENT For 0 Jamboree Road Median Improvements from Bristol Street to Campus Drive This Agreement is made and entered into this day of , 2002, by and between the CITY OF NEWPORT BEACH ( "Newport Beach ") and the CITY OF IRVINE ( "Irvine "): RECITALS WHEREAS, the median reconstruction of Jamboree Road between Bristol Street and Campus Drive, is a project that involves Irvine and Newport Beach because the city boundary line exists along the centerline of the Project. CONTRACT TERMS AND CONDITIONS 1. Newport Beach will supervise the construction of the Project to the best of its ability within the established budget and time frame, and shall implement and complete the Project under guidelines established by the Cities of Newport Beach and Irvine, and will follow all public bid and contract procedures. 2. The terms of this Agreement cover the administrative responsibilities of the parties with regard to the Project, but not the actual construction of the Project itself, although Newport Beach will cause the construction to be completed. 3. Irvine has reviewed and signed the final design drawings and reviewed the engineer's construction cost estimate (Attachment "A "). Irvine shall receive a complete breakdown of the actual construction costs prior to invoicing, and shall be invoiced for its portion of the cost incurred by Newport Beach upon completion of the construction phase. 4. The total cost for the project is estimated at $286,000, which includes a 10% contingency. Subject to prior approval by Irvine of the award for the construction contract, Irvine will reimburse Newport Beach for Irvine's share of construction costs estimated at $77,800. The total cost for construction administration, survey, testing, and inspection is estimated at $39,000 of which Irvine would be responsible for $10,530. Newport Beach will invoice Irvine when the project is complete and Irvine shall make payment to Newport Beach within 30 days of the invoice. 5. Additional consulting services affecting Irvine shall be reviewed and approved by Irvine. 6. Change orders affecting Irvine shall be reviewed and approved by Irvine prior to granting approval with the Contractor. 7. The total landscaped area is approximately 23,380 square feet of which 5,920 square feet is within Irvine City limits. The total annual irrigation and maintenance costs are estimated at $6,700. Newport Beach will pay for irrigation and maintenance for the median planters. Irvine E 0 will reimburse 25% of that total cost to the City of Newport Beach, estimated at $1675. Irvine will be invoiced annually and payment is due within 30 days of the invoice. 8. Inspectors and/or engineers from both Cities will coordinate for spot construction inspections and a site walk prior to completion of the project. 9. As referenced in the Drawings, Special Provisions, Proposal and Contract for the Project, the "Owner" shall refer to Newport Beach and the contract responsibilities held by Newport Beach. 10. Newport Beach shall require that the independent contractor provide the necessary insurance coverage for construction work, as specified in Section 6 -1 of the Special Provisions and Section G of the Contract for the Project. Newport Beach and Irvine shall be named as additionally insured parties in the Special Provisions and Contract for the Project, and shall be insured for the amounts specified in Section 6 -1 of the Special Provisions and Section G of the Contract. 11. The following staff members, or as otherwise designated in writing by the City Manager of Irvine or the City Manager of Newport Beach, shall be the selected representatives of each City to act in each respective City's behalf with respect to this Agreement. Any notices, requests, approvals, or communications shall be given to each representative noted below: To Newport Beach: Bill Patapoff Public Works Department P.O. Box 1768 Newport Beach, CA 92658 -8915 (949) 644 -3321 To Irvine: James H. Eldridge Public Works Department P.O. Box 19575 Irvine, California 92623 -9575 (949) 724 -7556 12. Each of the parties agrees to do all things in a timely manner 'reasonably necessary or convenient to carry out the spirit, intentions and objectives described in this Agreement whether or not expressly prescribed herein and no consent, agreement, approval, concurrence, decision, determination or action shall be unreasonably withheld by either party. 13. Any controversy or claim arising out of this Agreement or alleged breach thereof shall first be resolved through voluntary mediation or as otherwise designated in writing by the City Manager of Newport Beach or the City Manager of Irvine. Said City Managers shall be the selected representatives of each City to act in each respective City's behalf with respect to this Agreement. 14. Newport Beach shall indemnify, defend, save and hold harmless Irvine, its City Council, officers, and employees from and against 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 caused by the willful actions or active negligence of Newport Beach, its employees, or agents in the performance of its obligations pursuant to this Agreement, and shall include attorneys' fees and other reasonable costs incurred in defending any such claim. 2 IS. Irvine shall indemnify, defend, save and hold harmless Newport Beach, its City Council, officers, and employees from and against 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 caused by the willful actions or active negligence of Irvine, its employees, or agents in the performance of its obligations pursuant to this Agreement, and shall include attorneys' fees and other reasonable costs incurred in defending any such claim. 16. This Agreement represents the entire understanding of the parties as to those matters contained herein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered in this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of California, and construed as if drafted jointly by Irvine and Newport Beach. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 17. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. This Agreement shall be made effective upon execution by both parties and shall remain in effect until project reimbursement is complete or both parties agree to amend or terminate it. IN WITNESS WHEREOF, Newport Beach and Irvine have caused this Agreement to be executed by its duly authorized officers and representatives, respectfully, on this day of , 2002. CITY OF NEWPORT BEACH By: Tod W. Ridgeway, Mayor By: City Clerk APPROVED AS TO FORM: By: City Attorney CITY OF IRVINE By: Larry Agran, Mayor By: City Clerk APPROVED AS TO FORM: tOJ]t8 SO� O O O N CONTRACT NO. 3459 CITY OF NEWPORT BEACH DRAWN -5 LT L_ DATE PUBLIC WORKS DEPARTMENT APPROVIED �� JAMBOREE ROAD MEDIAN IMPROVEMENTS BRISTOL STREET TO CAMPUS DRIVE DRAWING No, EXHIBIT A NDA N0. April 9, 2002 CITY COUNCIL AGENDA ITEM NO. 9, TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: COOPERATIVE AGREEMENT BETWEEN THE CITY OF IRVINE AND THE CITY OF NEWPORT BEACH FOR THE INSTALLATION OF MEDIAN LANDSCAPING ON JAMBOREE ROAD BETWEEN CAMPUS DRIVE AND BRISTOL STREET RECOMMENDATION: Approve the Cooperative Agreement between the City of Newport Beach (Newport Beach) and the City of Irvine (Irvine) for the installation of median landscaping on Jamboree Road between Campus Drive and Bristol Street, and authorize the Mayor and the City Clerk to execute the Agreement. DISCUSSION: Staff is requesting that the City Council approve a cooperative agreement for the installation of median landscaping along Jamboree Road between Campus Drive and Bristol Street. Because the City boundary line generally exists along the centerline of Jamboree Road this project involves the cities of Newport Beach and Irvine. Prior to construction of these improvements, a cooperative agreement must be executed by both City Councils. Irvine's City Council will be meeting on April 9, 2002, to authorize its Mayor to sign the agreement. The cooperative agreement outlines the total installation costs and administrative roles and responsibilities for construction and maintenance of the project. The proposed improvements include the removal of existing median pavement and the installation of stamped colored concrete, shrubs, ground cover, and irrigation control systems. As outlined in the Agreement, Newport Beach will supervise the construction of this project within established budgets and time frames and will complete the project using guidelines established by both the cities of Newport Beach and Irvine. The final design drawings and cost estimates have been reviewed and approved by both cities. Construction is anticipated to start in May of 2002. The total cost for the project is estimated at $264,000, which includes a 10 percent contingency. Irvine will reimburse Newport Beach for Irvine's share of construction costs estimated at $72,700. The total cost for construction administration, survey, testing, and inspection is estimated at $36,000 of which Irvine would be responsible for $9,900. SUBJECT: COOPERATIVIAREEMENT BETWEEN THE CITY OF IRVINE AWHE CITY OF NEWPORT BEACH FOR THE INSTALLATION OF MEDIAN LANDSCAPING ON JAMBOREE ROAD BETWEEN CAMPUS DRIVE AND BRISTOL STREET March 21, 2DO2 Page 2 The total landscaped area is approximately 23,380 square feet and 5,920 square feet are within Irvine's city limits. Total annual irrigation and maintenance costs for the median planters are estimated at $2,700 and Newport Beach will pay these costs. Irvine will reimburse Newport for 25 percent of that total annual cost. The Project will be awarded this fiscal year and the budget provides a total of $200,000. $100,000 for the City's share of this project is available in Account No. 7261- C51005B0 and $100,000 for Irvine's share is available in Account No. 7251- C5100580. Respectfully submitted, PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director By: ��/ -,/. Stephen J. Luy, P. t. v Or Project Manager Attachments: Agreement Project Location Map E COOPERATIVE AGREEMENT For 0 Jamboree Road Median Improvements from Bristol Street to Campus Drive This Agreement is made and entered into this day of , 2002, by and between the CITY OF NEWPORT BEACH ( "Newport Beach ") and the CITY OF IRVINE ( "Irvine "): RECITALS WHEREAS, the median reconstruction of Jamboree Road between Bristol Street and Campus Drive, is a project that involves Irvine and Newport Beach because the city boundary line exists along the centerline of the Project. CONTRACT TERMS AND CONDITIONS 1. Newport Beach will supervise the construction of the Project to the best of its ability within the established budget and time frame, and shall implement and complete the Project under guidelines established by the Cities of Newport Beach and Irvine, and will follow all public bid and contract procedures. j 2. The terms of this Agreement cover the administrative responsibilities of the parties with regard to the Project, but not the actual construction of the Project itself, although Newport Beach will cause the construction to be completed. 3. Irvine has reviewed and signed the final design drawings and reviewed the engineer's construction cost estimate (Attachment "A "). Irvine shall receive a complete breakdown of the actual construction costs prior to invoicing, and shall be invoiced for its portion of the cost incurred by Newport Beach upon completion of the construction phase. 4. The total cost for the project is estimated at $264,000, which includes a 10% contingency. Subject to prior approval by Irvine of the award for the construction contract, Irvine will reimburse Newport Beach for Irvine's share of construction costs estimated at $72,700. The total cost for construction administration, survey, testing, and inspection is estimated at $36,000 of which Irvine would be responsible for $9,900. Newport Beach will invoice Irvine when the project is complete and Irvine shall make payment to Newport Beach within 30 days of the invoice. 5. Additional consulting services affecting Irvine shall be reviewed and approved by Irvine. 6. Change orders affecting Irvine shall be reviewed and approved by Irvine prior to granting approval with the Contractor. j 7. The total landscaped area is approximately 23,350 square feet of which 5,920 square feet is within Irvine City limits. The total annual irrigation and maintenance costs are estimated at $2,700. Newport Beach will pay for irrigation and maintenance for the median planters. Irvine E 0 will reimburse 25% of that total cost to the City of Newport Beach, estimated at $675. Irvine will be invoiced annually and payment is due within 30 days of the invoice. 8. Inspectors and/or engineers from both Cities will coordinate for spot construction inspections and a site walk prior to completion of the project. 9. As referenced in the Drawings, Special Provisions, Proposal and Contract for the Project, the "Owner" shall refer to Newport Beach and the contract responsibilities held by Newport Beach. 10. Newport Beach shall require that the independent contractor provide the necessary insurance coverage for construction work, as specified in Section 6 -1 of the Special Provisions and Section G of the Contract for the Project. Newport Beach and Irvine shall be named as additionally insured parties in the Special Provisions and Contract for the Project, and shall be insured for the amounts specified in Section 6 -1 of the Special Provisions and Section G of the Contract. 11. The following staff members, or as otherwise designated in writing by the City Manager of Irvine or the City Manager of Newport Beach, shall be the selected representatives of each City to act in each respective City's behalf with respect to this Agreement. Any notices, requests, approvals, or communications shall be given to each representative noted below: To Newport Beach: Bill Patapoff Public Works Department P.O. Box 1768 Newport Beach, CA 92658 -8915 (949) 644 -3321 To Irvine: James H. Eldridge Public Works Department P.O. Box 19575 Irvine, California 92623 -9575 (949) 724 -7556 12. Each of the parties agrees to do all things in a timely manner reasonably necessary or convenient to carry out the spirit, intentions and objectives described in this Agreement whether or not expressly prescribed herein and no consent, agreement, approval, concurrence, decision, determination or action shall be unreasonably withheld by either party. 13. Any controversy or claim arising out of this Agreement or alleged breach thereof shall first be resolved through voluntary mediation or as otherwise designated in writing by the City Manager of Newport Beach or the City Manager of Irvine. Said City Managers shall be the selected representatives of each City to act in each respective City's behalf with respect to this Agreement. 14. Newport Beach shall indemnify, defend, save and hold harmless Irvine, its City Council, officers, and employees from and against 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 caused by the willful actions or active negligence of Newport Beach, its employees, or agents in the performance of its obligations pursuant to this Agreement, and shall include attorneys' fees and other reasonable costs incurred in defending any such claim. 01 15. Irvine shall indemnify, defend, save and hold harmless Newport Beach, its City Council, officers, and employees from and against 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 caused by the willful actions or active negligence of Irvine, its employees, or agents in the performance of its obligations pursuant to this Agreement, and shall include attorneys' fees and other reasonable costs incurred in defending any such claim. 16. This Agreement represents the entire understanding of the parties as to those matters contained herein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered in this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of California, and construed as if drafted jointly by Irvine and Newport Beach. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 17. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. This Agreement shall be made effective upon execution by both parties and shall remain in effect until project reimbursement is complete or both parties agree to amend or terminate it. IN WITNESS WHEREOF, Newport Beach and Irvine have caused this Agreement to be executed by its duly authorized officers and representatives, respectfully, on this day of , 2002. CITY OF NEWPORT BEACH By: Tod W. Ridgeway, Mayor By: City Clerk APPROVED AS TO FORM: By: City Attorney CITY OF IRVINE By: Larry Agran, Mayor By: City Clerk AS TO FORM: 107716 IWA IN MISS CONTRACT NO. 3459 CITY OF NEWPORT BEACH °R""" S ° "'� '� `� PUBLIC WORKS DEPARTMENT APPROVED oLy JAMBOREE ROAD MEDIAN IMPROVEMENTS BRISTOL STREET TO CAMPUS DRIVE DRAWING No. EXHIBIT A • TO: Mayor and Members of the City Council FROM: Public Works Department • O it ) C_3ysC1 April 9, 2002 CITY COUNCIL AGENDA ITEM NO. 9 APR 0 9 2002 SUBJECT: COOPERATIVE AGREEMENT BETWEEN THE CI THE CITY OF NEWPORT BEACH FOR THE INSTALLATION OF MEDIAN LANDSCAPING ON JAMBOREE ROAD BETWEEN CAMPUS DRIVE AND BRISTOL STREET A.,0 `-t -33' O oL RECOMMENDATION: Approve the Cooperative Agreement between the City of Newport Beach (Newport Beach) and the City of Irvine (Irvine) for the installation of median landscaping on Jamboree Road between Campus Drive and Bristol Street, and authorize the Mayor and the City Clerk to execute the Agreement. DISCUSSION: Staff is requesting that the City Council approve a cooperative agreement for the installation of median landscaping along Jamboree Road between Campus Drive and Bristol Street. Because the City boundary line generally exists along the centerline of Jamboree Road this project involves the cities of Newport Beach and Irvine. Prior to construction of these improvements, a cooperative agreement must be executed by both City Councils. Irvine's City Council will be meeting on April 9, 2002, to authorize its Mayor to sign the agreement. The cooperative agreement outlines the total installation costs and administrative roles and responsibilities for construction and maintenance of the project. The proposed improvements include the removal of existing median pavement and the installation of stamped colored concrete, shrubs, ground cover, and irrigation control systems. As outlined in the Agreement, Newport Beach will supervise the construction of this project within established budgets and time frames and will complete the project using guidelines established by both the cities of Newport Beach and Irvine. The final design drawings and cost estimates have been reviewed and approved by both cities. Construction is anticipated to start in May of 2002. The total cost for the project is estimated at $264,000, which includes a 10 percent contingency. Irvine will reimburse Newport Beach for Irvine's share of construction costs estimated at $72,700. The total cost for construction administration, survey, testing, and inspection is estimated at $36,000 of which Irvine would be responsible for $9,900. SUBJECT: COOPERATI * REEMENT BETWEEN THE CITY OF IRVINE )WHE CITY OF NEWPORT BEACH FOR THE INST LATION OF MEDIAN LANDSCAPING ON JAMBOREE ROAD BETWEEN CAMPUS DRIVE AND BRISTOL STREET March 21, 2002 Page 2 The total landscaped area is approximately 23,380 square feet and 5,920 square feet are within Irvine's city limits. Total annual irrigation and maintenance costs for the median planters are estimated at $2,700 and Newport Beach will pay these costs. Irvine will reimburse Newport for 25 percent of that total annual cost. The Project will be awarded this fiscal year and the budget provides a total of $200,000. $100,000 for the City's share of this project is available in Account No. 7261- C5100580 and $100,000 for Irvine's share is available in Account No. 7251- C5100580. Respectfully submitted, PUBLIC WORKS DEPARTMENT Stephen G. Badum, Director By: &/ ./, Stephe J. Luy, P. . v of Project Manager Attachments: Agreement Project Location Map I 0 COOPERATIVE AGREEMENT For Jamboree Road Median Improvements from Bristol Street to Campus Drive This Agreement is made and entered into this day of , 2002, by and between the CITY OF NEWPORT BEACH ( "Newport Beach ") and the CITY OF IRVINE ( "Irvine "): RECITALS WHEREAS, the median reconstruction of Jamboree Road between Bristol Street and Campus Drive, is a project that involves Irvine and Newport Beach because the city boundary line exists along the centerline of the Project. CONTRACT TERMS AND CONDITIONS 1. Newport Beach will supervise the construction of the Project to the best of its ability within the established budget and time frame, and shall implement and complete the Project under guidelines established by the Cities of Newport Beach and Irvine, and will follow all public bid and contract procedures. 2. The terms of this Agreement cover the administrative responsibilities of the parties with regard to the Project, but not the actual construction of the Project itself, although Newport Beach will cause the construction to be completed. 3. Irvine has reviewed and signed the final design drawings and reviewed the engineer's construction cost estimate (Attachment "A "). Irvine shall receive a complete breakdown of the actual construction costs prior to invoicing, and shall be invoiced for its portion of the cost incurred by Newport Beach upon completion of the construction phase. 4. The total cost for the project is estimated at $264,000, which includes a 10% contingency. Subject to prior approval by Irvine of the award for the construction contract, Irvine will reimburse Newport Beach for Irvine's share of construction costs estimated at $72,700. The total cost for construction administration, survey, testing, and inspection is estimated at $36,000 of which Irvine would be responsible for $9,900. Newport Beach will invoice Irvine when the project is complete and Irvine shall make payment to Newport Beach within 30 days of the invoice. 5. Additional consulting services affecting Irvine shall be reviewed and approved by Irvine. 6. Change orders affecting Irvine shall be reviewed and approved by Irvine prior to granting approval with the Contractor. 7. The total landscaped area is approximately 23,380 square feet of which 5,920 square feet is within Irvine City limits. The total annual irrigation and maintenance costs are estimated at $2,700. Newport Beach will pay for irrigation and maintenance for the median planters. Irvine s will reimburse 25% of that total cost to the City of Newport Beach, estimated at $675. Irvine will be invoiced annually and payment is due within 30 days of the invoice. 8. Inspectors and/or engineers from both Cities will coordinate for spot construction inspections and a site walk prior to completion of the project. 9. As referenced in the Drawings, Special Provisions, Proposal and Contract for the Project, the "Owner" shall refer to Newport Beach and the contract responsibilities held by Newport Beach. 10. Newport Beach shall require that the independent contractor provide the necessary insurance coverage for construction work, as specified in Section 6 -1 of the Special Provisions and Section G of the Contract for the Project. Newport Beach and Irvine shall be named as additionally insured parties in the Special Provisions and Contract for the Project, and shall be insured for the amounts specified in Section 6 -1 of the Special Provisions and Section G of the Contract. 11. The following staff members, or as otherwise designated in writing by the City Manager of Irvine or the City Manager of Newport Beach, shall be the selected representatives of each City to act in each respective City's behalf with respect to this Agreement. Any notices, requests, approvals, or communications shall be given to each representative noted below: To Newport Beach: Bill Patapoff Public Works Department P.O. Box 1768 Newport Beach, CA 92658 -8915 (949) 644 -3321 To Irvine: James H. Eldridge Public Works Department P.O. Box 19575 Irvine, California 92623 -9575 (949) 724 -7556 12. Each of the parties agrees to do all things in a timely manner reasonably necessary or convenient to carry out the spirit, intentions and objectives described in this Agreement whether or not expressly prescribed herein and no consent, agreement, approval, concurrence, decision, determination or action shall be unreasonably withheld by either party. 13. Any controversy or claim arising out of this Agreement or alleged breach thereof shall first be resolved through voluntary mediation or as otherwise designated in writing by the City Manager of Newport Beach or the City Manager of Irvine. Said City Managers shall be the selected representatives of each City to act in each respective City's behalf with respect to this Agreement. 14. Newport Beach shall indemnify, defend, save and hold harmless Irvine, its City Council, officers, and employees from and against 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 caused by the willful actions or active negligence of Newport Beach, its employees, or agents in the performance of its obligations pursuant to this Agreement, and shall include attorneys' fees and other reasonable costs incurred in defending any such claim. rl 0 0 15. Irvine shall indemnify, defend, save and hold harmless Newport Beach, its City Council, officers, and employees from and against 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 caused by the willful actions or active negligence of Irvine, its employees, or agents in the performance of its obligations pursuant to this Agreement, and shall include attorneys' fees and other reasonable costs incurred in defending any such claim. 16. This Agreement represents the entire understanding of the parties as to those matters contained herein, and no prior oral or written understanding shall be of any force or effect with respect to those matters covered in this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of California, and construed as if drafted jointly by Irvine and Newport Beach. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 17. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. This Agreement shall be made effective upon execution by both parties and shall remain in effect until project reimbursement is complete or both parties agree to amend or terminate it. IN WITNESS WHEREOF, Newport Beach and Irvine have caused this Agreement to be executed by its duly authorized officers and representatives, respectfully, on this day of 12002. CITY OF NEWPORT BEACH By: Tod W. Ridgeway, Mayor By: City Clerk APPROVED AS TO FORM: By: City Attorney CITY OF IRVINE By: Larry Agran, Mayor By: City Clerk sod 0 O a N CONTRACT NO. 3459 CITY OF NEWPORT BEACH DRAWN s s ` DATE 3- 2 e -az PUBLIC WORKS DEPARTMENT APPROVED 0r-/ JAMBOREE ROAD MEDIAN IMPROVEMENTS BRISTOL STREET TO CAMPUS DRIVE DRAWING No, EXHIBIT A CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 July 2, 2002 Nativ Engineering, Inc. P.O. Box 17313 Encino, CA 91416 Gentlemen: Thank you for your courtesy in submitting a bid for the Jamboree Road Median Improvements Project (Contract No. 3459) 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, (� g �',Pw�'G�j U� LaVonne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach CITY OF NEWI'ORTtEACH OFFICE OF THE CITY CLERK F.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 July 2, 2002 S & M Landscape Inc. 346 S. Motor Avenue Azusa, CA 91702 Gentlemen: Thank you for your courtesy in submitting a bid for the Jamboree Road Median Improvements Project (Contract No. 3459) 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, rely •y mLaVonne M Ha'Fklesc /AAE City Clerk 3300 Newport Boulevard, Newport Beach CRY OF NEWPORTBEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 July 2, 2002 Nakae & Associates, Inc. 11159 Jeffrey Road Irvine, CA 92602 -1400 Gentlemen: Thank you for your courtesy in submitting a bid for the Jamboree Road Median Improvements Project (Contract No. 3459) 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, r -f w L onk M. H"arkless, CMCIAAE City Clerk 3300 Newport Boulevard, Newport Beach dl�Y OF NEWPORTtEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 July 2, 2002 Pima Corporation 2001 S. Barrington Avenue, Suite 204 Los Angeles, CA 90025 Gentlemen: Thank you for your courtesy in submitting a bid for the Jamboree Road Median Improvements Project (Contract No. 3459) 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, in La onne M. Harkless, CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach Clt' OF NEWPORAEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 July 2, 2002 Southland Construction P.O. Box 1629 Anaheim, CA 92815 Gentlemen: Thank you for your courtesy in submitting a bid for the Jamboree Road Median Improvements Project (Contract No. 3459) 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, G� GltMCIAAE -�8( La� M. Harkles City Clerk 3300 Newport Boulevard, Newport Beach CIfSC OF NEWI'ORTtEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (949) 644 -3005 July 2, 2002 Oakridge Landscape 8618 Haskell Avenue North Hills, CA 91343 Gentlemen: Thank you for your courtesy in submitting a bid for the Jamboree Road Median Improvements Project (Contract No. 3459) 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, n j� �I *I.VonM. Hark sus CMC /AAE City Clerk 3300 Newport Boulevard, Newport Beach