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Home My WebLink AboutC-3787 - Mesa-Birch Park ("Santa Ana Heights Passive Park" (Upper Bay View Park))f CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT C -319`1 3000 -you -I Gi;; i 4 L,ir Agenda Item No. i i October 9, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Fong Tse, PE 949 -644 -3321 or ftse@city.newport- beach.ca.us SUBJECT: MESA -BIRCH PARK — AWARD OF CONTRACT NO. 3787 RECOMMENDATIONS: 1. Approve the construction drawings and specifications. 2. Award Contract No. 3787 to Belaire -West Landscape, Inc. for the Total Price of $357,000 and authorize the Mayor and the City Clerk to execute the contract. 3. Establish an amount of $35,700 to cover the cost of unforeseen work. 4. Approve Budget Amendment appropriating $44,950 to Account No. 7459- C5100867 for Mesa -Birch Park and increasing revenue estimates by $44,950 representing additional funding from the County of Orange Santa Ana Heights Redevelopment Project Area. DISCUSSION: In August 2006, the City advertised this project (formerly known as Upper Bay View Park) for bids in advance of an executed Property Conveyance Agreement (PCA) between the City and the County of Orange. Due to the delayed PCA, the City had to reject all of the received bids. Since then, arrangements have been made with the County of Orange to allow the City to construct and maintain the park improvements. Accordingly, staff re- advertised the project for bids. At 10:00 a.m. on September 13, 2007, the City Clerk opened and read the following bids for this project: BIDDER Low Belaire -West Landscape, Inc. 2rd Green Giant Landscape, Inc. 3`d Pima Construction 4th Topline Construction, Inc. 5t" Hondo Company, Inc. 6th Bonsall Construction Services TOTAL BID AMOUNT $357,000.00 $358,800.00 $375,650:00 $437,500.00 $464,920.00. $523,000.00 • Mesat Park — Award of Contract No. 3787 October 9, 2007 Page: 2 The low total bid amount is 6.4% below the Engineers Estimate of $380,000. The low bidder, Belaire -West Landscape,- Inc., of Buena Park, possesses a California State Contractors License Classification "A" as required by the project specifications. A check of the contractor's references indicates Belaire -West satisfactorily completed similar projects for our City and other local municipalities. The work necessary for the completion of this contract consists of. grading the existing site; constructing loop concrete walks; installing pre - fabricated concrete benches and seats, park lights, irrigation system, low perimeter fences, and a water fountain; refinishing the existing park identification monument sign; landscaping; and the customary plant establishment and maintenance periods. The Contract Specifications require the Contractor to complete all construction and weed abatement work within 90 consecutive working days. Environmental Review: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Implementing Guidelines. This exemption covers the maintenance and alteration of existing public facilities with negligible expansion of the facilities in areas that are not environmentally sensitive. Public Notice: The Notice Inviting Bids was advertised in the City's official publication and in construction industry publications. Prior to starting work two City prepared notices are distributed by the contractor to both residents and businesses. The first notice will be distributed ten days before work in the area and the second notice 48 hours prior to starting work in the area. Funding Availability: The Orange County Development Agency, the arm of the County that does redevelopment, assigned this Project $378,000. After design and survey work, there remains $347,750.00 left. The County has agreed to raise the amount of funds set -aside for this project because another project (the Orchard Drive Park) had a small surplus of funds. While the County agreed to move Orchard Drive Park funds to the Mesa -Birch Park, a budget amendment is still required to add $44,950.00 to what remains in the City's Mesa -Birch Park account. The transaction would be as follows: Account Description Account Number County of Orange -- RDA Funds 7459- C5100867 Budget Amendment 7459- C5100867 (Additional County RDA Funds) Amount $ 347,750.00 $ 44,950.00 Total: $ 392,700.00 :f • Mesh -Birch Park —Award of Contract No. 3787 October 9, 2007 Page: 3 Proposed uses are as follows: Vendor Beliare -West, Inc. Beliare -West, Inc. Civil Engineer Submitted by: Da Kiff Assistant City Manager Attachments: Project Location Map Bid Summary Budget Amendment Purpose Construction Contract $ Construction Contingency $ Total: $ and Amount 357,000.00 35,700.00 392,700.00 5n G. Badum, PE Works Director TITLE: MESA -BIRCH PARK CONTRACT NO.: 3787 ENGINEER'S ESTIMATE:. $380,000.00 PROJECT MANAGER: Fong Tee CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BID LOCATION: City Clerk's Office -City Hall DATE: 13Sep -0-0 TIME: 10:00AM BY: CHECKED: DATE: f.kmeWpbWrehareebonbmc800 .0111810 SUM C- 3787.xls Page 1 • At Engineers Estimate BELAIRE -WEST LANDSCAPE, INC. GREEN GIANT LANDSCAPE, INC. PIMA CORP. TO LINE CONSTRUCTION, INC. HONDO COMPANY, INC. BONSALLCONSTRUCTION SERVICES ITEM DESCRI QUANTI UNIT UNIT AMOUNT UNIT AMOUNT UNIT U UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT -Birch P Construct Mesa -Birth Park Improvements t LS 380,000.358,800.00 L!'07 358,800.00 375,650.00 375,850.00 437,5000 43750000 48492000 464,920.00 523,000.00 523,000.00 EE LOW 357,000.00 2N0 358,800.00 3R0 375,850.00 4TH 437500.OD 5TH 464,920.00 8TH All nnnm f.kmeWpbWrehareebonbmc800 .0111810 SUM C- 3787.xls Page 1 • At 5o GAP GP P MFsq OR�VF s BIRCH w �y OR'GF LOCATION MAP NOT TO SCALE MESA -BIRCH PARK Wof Newport Beach* NO. BA- 08BA -017 BUDGET AMENDMENT 2007 -08 AMOUNT: $44,950.00 EFFECT ON BUDGETARY FUND BALANCE: X Increase Revenue Estimates Increase in Budgetary Fund Balance X Increase Expenditure Appropriations AND Decrease in Budgetary Fund Balance Transfer Budget Appropriations PX No effect on Budgetary Fund Balance SOURCE: from existing budget appropriations X from additional estimated revenues from unappropriated fund balance EXPLANATION: This budget amendment is requested to provide for the following: To increase expenditure appropriations and revenue estimates to recognize additional funding from the County of Orange Santa Ana Heights Redevelopment Project Area. ACCOUNTING ENTRY: BUDGETARY FUND BALANCE Amount Fund Account Description Debit Credit REVENUE ESTIMATES (3601) Fund /Division Account Description 459 4845 Misc SAH Projects - OC RDA $44,950.00 EXPENDITURE APPROPRIATIONS (3603) Description Division Number 7459 Misc SAH Projects Account Number C5100867 Santa Ana Heights Riding Passive Park $44,950.00 Division Number Account Number Division Number Account ' Number Division Number Account Number Division Number Account Number " Automatic System Entry . Signed: Financial Approval: Administrative Services Director bate Signed: Administrative Approval: City Manager Date Signed: City Council Approval: City Clerk Date E CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 13 September 12, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Lloyd Dalton, PE 949 -644 -3328 or Idalton @city.newport- beach.ca.us SUBJECT: SANTA ANA HEIGHTS PASSIVE PARK (UPPER BAY VIEW PARK) RECOMMENDATIONS: Reject bids for Contract No. 3787. 2. Direct staff to rebid the project after the City acquires the site from the County. DISCUSSION: At 11:00 a.m. on August 9, 2006, the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID AMOUNT Low . Belaire -West Landscape, Inc. $378,800 2 L H Engineering Co., Inc. $425,000 3 CS Legacy Construction, Inc. $508,423 4 Griffith Company $660,000 In July 2004, the City Council, on a 6 -0 vote, authorized then Mayor Tod Ridgeway to write to Supervisor Jim Silva and offer the City's willingness to maintain the Mesa -Birch Park if it were constructed with redevelopment funds (letter attached as Attachment C). Since that time, the City has included the -Mesa-Birch Park's construction and design funds in its Capital Improvement Program (CIP) under the assumption that OCDA will pass these funds through to the City to construct the park. The Mesa -Birch Park's budget has always been included in the Spheres Agreement between the City and the County (not executed as of this date). While we initially envisioned that the park would cost about $250,000 to design and construct, the Spheres Agreement envisions adequate funding to fully compensate the City from the Redevelopment Agency (RDA) funds. 'Santa Ana Heights Passive Park (Upper Bay Yew Par c — Reject All Bids for Contract No. 3787 September 12, 2006 Page: 2 In order to construct the park, the City must own the parcel. In February 2006, City and County staff developed a Property Conveyance Agreement including the following Terms and Conditions: • A deed restriction requiring the parcels to be used as parkland. • The City to develop the park within two years. • The City must maintain the monument sign at the corner of Mesa and Birch. • The City must protect existing utility easements. • The City must vacate the former Birch Street alignment. • The City must make findings associated with the use of RDA funds for the project (pursuant to CA Health and Safety Code Section 33445). • Manage and maintain the park in perpetuity. • The property will be transferred in "as is" condition. • The City will work with SAH PAC and to "be sensitive" to the needs of area residents during the construction of the park. Council approved those Terms and Conditions at its February 14, 2006, meeting, including authorization for the Mayor to sign the Property Conveyance Agreement (he later did so). Later, on July 25, 2006, the City Council adopted a Resolution which met the Citys obligation under the Agreement relating to Health and Safety Code Section 33445 (findings relating to blight and the redevelopment plan). We anticipated that the Orange County Board of Supervisors, acting as the Orange County Development Agency, would approve the Property Conveyance Agreement at its August 22, 2006 meeting. Instead, the item was pulled off of the agenda and it was delayed indefinitely, at least until such time as County staff comes back with an analysis of redevelopment activities in county unincorporated areas. As such, we will have to reject the bids for this project and re -bid at the hoped -for time when we hold title to the park. Submitted by: and Dav Assistant City Manager Prepared Llo alt 10 �- . m G. Badum, PE Works Director Attachments: Bid Summary Site Plan Letter of July 14, 2004 and Related Staff Report TITLE: UPPER BAY VIEW PARK CONTRACT NO.: 3787 ENGINEER'S ESTIMATE: 7i200,000.00 PROJECT MANAGER: LLOYD DALTON CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT BID LOCATION: City Clerk's Office -City Hall DATE: 09 -Aug -06 TIME: 10:30 AM BY: CHECKED: DATE: =7 n rh i tWsers4 *wlahsredkcontrsct100 -0111BID SUMMARY Page 7 • • En ineees Estimate Belair -West Landsca e L H En ineerin Co. C.S. Lecacv C.S. Le ac ITEM I DESCRIPTION IQUANTITY UNIT AMOUNT UNIT I AMOUNT I UNIT I AMOUNT I UNIT AMOUNT UNIT AMOUNT 1 Construct Upper Bay View Park Improvements 1 LS 200,000.00 200,000.00 378,800.00 378 800.00 425,000.00 425,000.0 508,423.00 508,423.00 660,000.00 660000.00 EE 200,000.00 LOW 1 378,800.00 1 2ND 425,000.00 1 3RD 1 508,423.00 4TH 660,000.00 =7 n rh i tWsers4 *wlahsredkcontrsct100 -0111BID SUMMARY Page 7 • • I I ■ - r ((DD • �■. XO MATCH LINE / moss asaasea AT EnG1 EM2Y ` ■ �/ xxar.ua NORTH G3767 \ \Y YPPoM1 MY NCw V.vtc • Ai%ocbmont B MATCH LINE / aEwcxa I ..I J - .( a.• -... -,• NEWPORT BEACH OFFICE OF THE vlayor Tod W. Ridgeway Mayor Pro Tem Garold B. Adams : ouncil Members July 14, 2004 Steven Bromberg John Heffernan Richard A. Nichols The Honorable Jim Silva Steven Rosansky Vice - Chairman of the Board of Supervisors Don Webb 10 Civic Center Plaza, 5 °t Floor Santa Ana, California 92701 RE: Parcels at Mesa x Birch in Santa Ana Heights Dear Supe va: At last even g's Newport Beach City Council meeting (July 13, 2004), the 'Council authorized me (on a 6-0 vote) to inform you that the City of Newport Beach: • Respectfully requests that the Orange County Development Agency not sell the OCDA -owned parcels at roughly 2801 Mesa Drive (and adjacent to 2801 Mesa) for development. Instead, the City urges the OCDA to use the parcels for a passive park, which would be designed and constructed using OCDA funds. Hereby states the City's willingness to maintain the passive park once it has been constructed. The City welcomes the opportunity to participate with the OCDA and the Santa Ana Heights Project Advisory Committee (PAC) in planning the park — such participation will assist us in budgeting for the park's maintenance. Thank you for your attention to this request. As always, we appreciate your leadership on this issue and the assistance of your staff. Please do not hesitate to contact us at 949- 644 -3000 if you have any questions about this letter or the Council's action. Sincerely, -1� TOD W. RIDGEWAY Mayor of Newport Beach cc: Members of the Newport Beach City Council Members of the Orange County Board of Supervisors Roger Summers, Chairman, Santa Ana Heights PAC Dave Niederhaus, Director of General Services Attachment C r.. City Hall Newport Beach, 3300 Newport Boulevard • Post Office Box 1768 California 92658 -8915 • www.citynewport- beach.ca.us (949) 644 -3004 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 22 July 13, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, Assistant City Manager 9491644 -3002 or dkiff@city.newport-beach.ca.us city.newport- beach.ca.us SUBJECT: Mesa -Birch Parcels in Santa Ana Heights ISSUE: Should the City Council take a position on whether two parcels at.the corner of Mesa Drive and Birch Street are sold by the Orange County Development Agency. (OCDA) for parking uses or whether they should remain open space, with the future possibility of the parcels becoming a small park? RECOMMENDATION: Authorize the Mayor to send a letter to Supervisor Silva advocating that the Orange County Development Agency (OCDA) use two parcels in Santa Ana Heights for passive parkland and stating the City's willingness to maintain the park if the OCDA plans and constructs it. DISCUSSION: Background: The Santa Ana Heights region is within a redevelopment area; which means that property taxes generated above a certain 'base year" are allocated according to a "redevelopment plan" to both remove blight within the Santa Ana Heights neighborhood and to provide low- and moderate- income housing in the region. The County of Orange administers the redevelopment area via its Orange County Development Agency (OCDA). Like any redevelopment area, Santa Ana Heights has a Specific Plan (which shows zoning and land uses) and a Redevelopment Plan (which is a broader document that governs future development in" the area). The City adopted the Santa Ana Heights Specific Plan when the City annexed the eastern Santa Ana Heights area effective July _Y" � L" � r `^ � �� - - }yam ..ti� 4 �� ` 1. �? a n ° �- w� 4�Sr I�, 1 '�•.. Mesa- Bisarcel in Santa Ana Heights July 13, 2004 Page 3 The OCDA staff has been negotiating with Newport Executive Corporation, LLC, to sell these parcels to NEC so that NEC can develop a planned office structure at 20412, 20412, and 20392 Birch Street. The two OCDA -owned parcels would be used for street -level parking (about 30 spaces) for the NEC office building. According to OCDA staff, the proposed sale price for the two OCDA -owned parcels is $550,000. If the parcels are sold to NEC, the $550,000 would go into the OCDA's accounts for capital improvement projects in and around Santa Ana Heights. The two OCDA parcels cannot be built upon, but they can have street -level parking. The Board of Supervisors of the County of Orange (acting as directors of the OCDA) will consider entering into an Owner Participation, Property Disposition, and Development Agreement with Newport Executive Corporation at the Directors' meeting on Tuesday, July 20, 2004. Following the Directors' adoption of the Agreement, the parcels will enter escrow. The Santa Ana Heights Project Advisory Committee (PAC) has corresponded both with the County and with the City to ask that the parcel NOT be used for parking associated with the NEC development. Instead, the PAC has asked that the parcels be used for a "passive park." The City has received several a -mails to this effect. County staff tell us that the parking for the development, if not used on the two OCDA- owned parcels, could I be replaced by parking underneath the proposed structure at 20412 -20392 Birch. Adding underground parking, however, would increase the cost of the office building. If.the roughly 1 -acre of land were to be used as a park, OCDA could fully fund the park's planning and development. Maintenance would have to be the City's obligation. According to Mr. Niederhaus, park maintenance costs for a passive park are roughly $6,000 per year per acre. A park would be consistent with both the Specific Plan and the Redevelopment Plan, since the plans read as follows: Specific Plan - Business Park Zoning allows for: • Civic and Governmental Uses; and • Any other similar use which the Planning Commission finds consistent with the purpose and intent of this district. The purpose and intent of the Specific Plan includes giving attention to the protection of adjacent residential uses via landscape buffers among other things. Redevelopment Plan - Section VI B.2 (604) provides that: The Agency may estabiish park and recreationa/facilities in any part of the Project Area Mesa- BirchOrcel in Santa Ana Heights July 13, 2004 Page 4 The City's Role. Because we do not administer the redevelopment agency, we can merely be an advocate for or against certain land uses in the Project Area. If OCDA chooses to go forward with the NEC Agreement, the City's Planning Department would process the developer's application just as it would any other application. PAC members argue that the parking proposed for NEC's overall development concept (including 2041.2 - 20392 Birch) is not necessary given the underground parking option. They also argue that the OCDA has enough revenue in its accounts both to fund the park construction and. to not receive $550,000 for the parcels' purchase. As such, there is little harm in suggesting to the County that it save these parcels for the passive park uses suggested by PAC. Committee Action: The Santa Ana Heights Project Advisory Committee (PAC) supports the same position recommended by this staff report. Environmental Review: The City Council's approval of this Agenda Item does not require environmental review. Public Notice: This agenda item may be noticed according to the Ralph M. Brown Act (72 hours in advance of the public meeting at which the City Council considers the item). Funding for capital projects like park development in Santa Ana Heights is available within the OCDA's annual allocations of tax increment. Should OCDA honor the.City's request to hold the site for the future development of a passive .park, and if a park was developed on the lots, the City would be responsible for funding the park maintenance and enforcement costs. Redevelopment funds are not allowed to be used for these purposes. General Services today estimates this amount to be roughly $6,000 per year. Submitted by: Dave Kiff Assistant City Manager CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK l.eilani I. Brown, MMC September 8, 2010 Belaire -West Landscape, Inc. P.O. Box 6270 Buena Park, CA 90622 Subject: Santa Ana Heights Passive Park (C -3787) To Whom it May Concern: On September 8, 2009, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion. The Notice of Completion was recorded by the Orange County Recorder on September 15, 2009, Reference No. 2009000490275. The Surety for the contract is Arch Insurance Company, and the bond number is SU5024099. Enclosed are the Faithful Performance and Labor and Materials Bonds. Sincerely, nc1 j f \�,� I Leilani L Brown, 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 EXECUTED IN FOUR COUNTERPARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MESA -BIRCH PARK CONTRACT NO. 3787 BOND NO. SU5024t1-q-q- FAITHFUL PERFORMANCE BOND FRMiM LS fog AND I.S. SUBJECT &4SED ON. I'lNAL COr9MCT TEEM TO ADJUSMENT CONTRACT PRICE. The premium charges on this Bond is $ 5,355.00. being at the rate of $ I5.00 PER thousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, Stale of California, by motion adopted, awarded to Belaire -West Landscape, Inc., hereinafter designated as the "Principal ", a contract for construction of MESA -BIRCH PARK, Contract No. 3787 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. 3787 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW. THEREFORE, we, the Principal, and ARCLL INS313ANCE. CQIJP , 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 Three Hundred Fifty -Seven Thousand and 001100 Dollars (5357,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions, and agreements in the Contract Documents and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified. and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees 'and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void 28 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 duly executed by the Principal and Surety above named, on the 28m_ day of 5EPTQJBER ..2007. Belaire -West Landscape, Inc. (Principal) AyfFiorized Signature/Title ARCH INSURANCE COMPANY Name of Surety 135 N. LOS ROBLES AVE 1825 PASADENA, CA 91101 Address of Surety (626). 639 -5200 Telephone Authorized gent Signature PAMELA MCCARTHY. ATTORNEY —IN --FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 9 ALL - PURPOSE ACKNOWLEDGEMENT State of t ». County of C Utl�j On i(' _ before me, P{1(At° C UBfJ (Date) (Notary) personally appeared �� S \� t roCA Siganer(s) 0 `personally known to me or ❑ or proved to me on the basis of satisfactory tvidence) to be the persoa(i) -whose name(s - is/are'subscribed to the within instrument and acknowledged to me that he/she /they'executed the same in hisfher /*eir authorized RPNAE GROEN capacity(ieo, and that by hisfher/tWir signature< on COMM a 1ti8520p the instrument the persogk#, or the entity up'& behalf of W F W oiur+oecotnrry which the person(sj3cted, executed the instrument. tM a.les.mai WITNESS my hand and official seal. mp Su car le impro ion of ro ry seal above. &0, p Notary's Signature OPTIONAL INFORMATION CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) 2-, Co orate Officer T(?t; .0 (Title) • Partner(s) • Attorney -in -Fact ❑ Trustee(s) nn tY Other rj0t, CAPA v10.30.W w.vw.nonrvrhsces.rom 300 -873 -9863 DESCRIPTION OF THE ATTACHED Title of Document Number of Pages 9 aP -07 - Do ument a Ot tkr Information CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT �.... �.�ww.u�uuuvF:orr.[araxnr.[arr. .] DTxlr�tx) L[ aOw +KlxarMg7pgnpgpn(�qo4rJ[11a1 State of California ss, County of San Bernardino +1001X10 .IX3t- .Lrr.GrR50GC[R' On SEPTEMBER 28, 2007 before me. Janet L. Miller. Notary Public N.)Me end Title of 0• lcer fe a . Jane Doe. Notary public-) Personally appeared Pamela McCarthy Name:S) of Sg1er(5) _ x personally known to me proved to me on the basis of satisfactory evidence WITNESS my hand and official seal. Siq. WIure of Nplary public OPTIONAL Though the information below is ro: required by law, it may prove valuable to persons relying on the docunent 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: -1 Individual _1 Corporate Officer Title 71 Partner -- Cl Limited 71 General x Attorney -in -Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: Number of Pages: Top of Ilrrmo here to be the person(sjwhose nameKis /are subscribed to the JANET L. MILLER within instrument and acknowledged to me that be'lshe /t� Commisslon # 1591570 7 -� Nobly PUWiC executed the same in bislher/t eir authorized capacity(ies), . - Collf san9ernaroinol;q��, and that by f)is /her1Ibeir signature(a�'on the instrument the My Comm, Explrea 20pq person(,.} or the entity upon behalf of which the person(aj' acted, executed the instrument. WITNESS my hand and official seal. Siq. WIure of Nplary public OPTIONAL Though the information below is ro: required by law, it may prove valuable to persons relying on the docunent 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: -1 Individual _1 Corporate Officer Title 71 Partner -- Cl Limited 71 General x Attorney -in -Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: Number of Pages: Top of Ilrrmo here POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company ") does hereby appoint Pamela McCarthy, Jay P. Freeman, Susan C. Monteon and Janet L. Miller of Ontario, CA (EACH) its true and lawful Attorney(s) -in -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, This Power of Attorney is executed by authority of resolutions adapted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: 'VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys - intact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resotition adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.I.A. EXECUTED IN FOUR COUNTERPARTS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT MESA -BIRCH PARK CONTRACT NO. 3787 BOND NO. 5050240 1. PREMILV INCLUDED IN PERFORWICE BOND LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted, has awarded to Belaire -West Landscape, Inc., hereinafter designated as the "Principal," a contract for construction of MESA -BIRCH PARK, Contract No. 3787 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. 3787 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 Surely on this bond will pay the same to the extent hereinafter set forth: NOW. THEREFORE, We the undersigned Principal, and, nurH INSMANCF CMIR- NY 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 Three Hundred Fifty -Seven Thousand and 001100 Dollars ($357,000.00) lawful money of the United States of America, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severalty, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Pnncrpal's subcontractors, fail to pay for any materials. provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor. or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified to 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 Slate of California riy The Bond shall inure to the benefit of any and all persons. companies, and corporatiions 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 theprovfsions of Sections 3247 et. seq. of the Civil Code of the State of Calr£omla. And Surety, (or value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this Bond, and 0 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 28TH day of SEPTENBeR , Z007. Belaire -West Landscape, Inc_ (Principal) ARCR INSURANCE.CCMPANY Name of Surety 135 N. LOS ROBLES AYE J825 PASADENA, CA 91101.. Address of Surety (.626)- 634,5200. Telephone thorized Signature/Title Authorized Agent Signature PAMEL1 1}CWTHY� ATTOii?NEY=TN FACT Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 27 ALL - PURPOSE ACICNOWLEDGEMENT State of-o"MckAt& ss. County of C_ �C1Yy,Te. On i()° c:--, --0_+ before me, c�,P{Y±e_ (�V -0f- (�1 (Date) (Notary) personally appeared Gl / personally known to me or ❑ r - o �� v K` k stamp ckar impression of notary seal above. or proved to me on the basis of satisfactory oidence) to be the persoa>� hose name(s•} is/ate"subscribed to the within instrument and acknowledged to me that befshehhef executed the same in bis✓her /t4teit authorized capacity(ie r and that by j3is/her /their signature< on the instrument the person(*, or the entity Upton behalf of which the person(aj-acted, executed the instrument. WITNESS my hand and official seal. Notary's Signature OPTIONAL INFORMATION CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) a, Co orate Office (Title) • Partner(s) • Attornev -in -Fact ❑ Trustee(s) [a —Other �WL CAPA v10.30.0J i%s _nora.srlasses.cmm 800 -87-1-9865 DESCRIPTION OF THE ATTACHED Title of Document Number of Pages q-c;:�� --O Docu a Date v Cher Information CALIFORNIA ALL - PURPOSE ACr'OWLEDGEMENT wxuxw�wxrxx�x.00rx a��xxxaux�1 .. State of California Si. County of San Bernardino On SEPTEMBER 28, 2007 before me. Janet L Miller Notary Public ha:ne and T:ile d'L`flcer ie B 7ahc Doe l'rnar/ P..obCr Personally appeared Pamela McCarthy �.aoms'r of S, rertsf i Y personally known to me proved to me on the basis of satisfactory evidence WITNESS my hand and official seal. Sr{praWre of Nolary Public OPTIONAL Though the information below s not requued by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to anolner document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Cfaimed by Signer(s) Signer's Name: 7 Individual M Corporate Officer Title 77 Partner -- 1 Limited 7 General x Attorney -in -Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: Number of Pages: Too ut rhumb here to be the persoq(zjwhose name(s'f is /are subscribed to the _1111111-AL. T within instrument and acknowledged to me that b6fshe /th6 �turf:ri r4 rE+t Commission p 15715)0 executed the same in b3 slher/their authorized capacity(ies), 'lofoy Public , collforrla i and that by his /herRl)erc signature(el on the instrument the sonaer)ord;nocounry ti'1V CO�?s JU12o.20D911 person(s}, or the entity upon behalf of which the person(e�' acted, executed the instrument. WITNESS my hand and official seal. Sr{praWre of Nolary Public OPTIONAL Though the information below s not requued by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to anolner document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Cfaimed by Signer(s) Signer's Name: 7 Individual M Corporate Officer Title 77 Partner -- 1 Limited 7 General x Attorney -in -Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: Number of Pages: Too ut rhumb here POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company ") does hereby appoint Pamela McCarthy, Jay P. Freeman, Susan C. Monteon and Janet L Miller of Ontario, CA (EACH) its true and lawful Attorneys) -in -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in wiling and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys•imbct. and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.I.A. Recorded in Offictecords, Orange County REC Tom Daly, Clerk- Recorder C RECORDING REQUESTED BYAT7D CI`/ IWIIIIIIkINIVIIIINIBIUIMININIENO FEE WHEN RECORDED RETUR 2��0��275 (19:258f11 osn5ios �'SEP 23 All 9oa& r„2 , 0 00 0 00 0.00 0.00 0.0o 0.00 0.0o 0.00 City Clerk City of Newport Beach O CRY — - 3300 Newport Boulevard CnY OF NP-PORT KX11 Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETKM NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Belaire -West Landscape, Inc., of Buena Park, California, as Contractor, entered into a Contract on October 9. 2007. Said Contract set forth certain improvements, as follows: Mesa -Birch Park (C -3787) Work on said Contract was completed, and was found to be acceptable on September 8, 2009, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Arch Insurance Company. M Director rt Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge, on y "f vI� �% at Executed � I Newport Beach, California. 16 17 iP �F 0 • • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT BY TM cm co *M 3n)' CM of r'wfoar eEu1*+ Agenda Item No. 7 September 8, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Fong Tse 949-644 -3321 or ftse@newportbeachca.gov SUBJECT: MESA -BIRCH PARK — COMPLETION AND ACCEPTANCE OF CONTRACT NO. 3787 Recommendations: 1. Accept the completed work. 2. Authorize the City Clerk to file a Notice of Completion. • 3. Authorize the City Clerk to release the Labor and Materials bond 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. 4. Release the Faithful Performance Bond 1 year after Council acceptance. Discussion: On October 9, 2007, the City Council awarded the Mesa -Birch Park Project to the low bidder Belaire -West Landscape, Inc. (BWL) to grade the existing site; construct loop concrete walks; install pre - fabricated concrete benches and seats, park lights, landscaping, irrigation system, low perimeter fences, and a water fountain; and refinish the existing park identification monument sign. The bid amount submitted by the second low bidder was $1,800 higher. BWL's inability to follow staff instructions to complete the weed abatement and concrete walkway work tasks; and, BWL's extended unexcused absences prolonged work completion. Staff concurred with the County of Orange, which funded the project, that the delayed work completion was unacceptable and should be handled in accordance with the contract provisions. Accordingly, staff met with BWL and negotiated a negative contract change order that included the 122 calendar days delayed work performance, as detailed below: r� U • Mesa -Birch Park - Complet Acceptance of contract No. 3787 September 8, 2009 Page 2 rJL d Work Changes Description Amount 1 Delayed completion. - $30,500.00 2 Exposed aggEegate finish for picnic table pads. $ 2,000.00 3 Substitutespecified street lights with bollard lights. $ 4,320.00 4 Patterned concrete pads for bollard lights. $ 1,600.00 5 Relocate backflow preventer as required by IRWD. $ 880.00 6 Rework and install additional monument sign letters. $ 2,200.00 7 Additional landscaping. $ 1,500.00 8 Additional grading due to changed field conditions. $ 3,000.00 Total Project Chan es I -S15000 On Excluding the $30,500 deductive charge for delayed completion, the actual additional work performed by BWL was $15,500 or 4.3% above the original bid. The contract has now been completed. A summary of the contract cost is as follows: Original bid amount: $357,000.00 Actual amount of bid items constructed: $357,000.00 Total amount of change order: -$ 15.000.00 Final contract cost with BWL: $342,000.00 During the course of construction, the Santa Ana Heights residents requested to have the newty installed pilaster caps replaced with units identical to those at the Santa Ana Heights Fire Station. Since BWL was unresponsive, staff requested Nile Advanced Construction, the contractor that constructed the new Mariners Park Restroom, to perform the replacement work. Nile Advanced Construction completed the pilaster caps replacement work over one weekend day for $9,655.43 for both labor and materials. The total construction cost on this project, as constructed by both contractors, is $351,655.43. The following is a summary of the project schedule per the Fiscal Year 2008 -2009 Master Project Schedule. Schedule Summary Estimated completion date per June 2008 Schedule: February 27,2009 Project award for construction: October 9, 2007 Estimated completion date at Award: August 25, 2008 Actual construction completion date: January 29, 2009 Environmental Review: • • The project is Categorically Exempt from the California Environmental Quality Act • (CEQA) pursuant to Section 15301 of the CEQA Implementing Guid6lines. This • • C1 • Mesa -Birch Park - Completion aM Acceptance of Contract No. 3787 September 8, 2009 Page 3 exemption covers the repair, maintenance and minor alteration of existing public facilities in areas that are not environmentally sensitive. Fundina Availability: In addition to the primary construction contract, this project involved other project expenses. Total project expenses are summarized as follows: Construction $342,000.00 Supplemental Construction: 9,655.43 Landscape Design 23,729.00 Construction Inspection 12,564.38 Water Service Design 800.00 Graphics 545.12 Printing and Incidentals: 1,345.12 Total Project Cost: $390,639.05 Funds for the construction project were expended from the following account: Account Description County of Orange - RDA Fund Civil Engineer Account Number 7459 - 05100867 Submitted by: Works Director Amount $342.000.00 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK I eilani I. Brown, MMC September 9, 2009 Orange County Recorder P. O. Box 238 Santa Ana, CA 92702 RE: Notices of Completion for the following project: Little Corona Restroom Constriction (C -3913) Mesa -Birch Park (C -3787) Please record the enclosed document and return it to the City Clerk's office. Thank you. Sincerely, 04 Leilani I. Brown, MC City Clerk Enclosures 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 0 0 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 "Exempt from recording fees pursuant to Government Code Section 27383" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Belaire -West Landscape, Inc., of Buena Park, California, as Contractor, entered into a Contract on October 9, 2007. Said Contract set forth certain improvements, as follows: Mesa -Birch Park (C -3787) Work on said Contract was completed, and was found to be acceptable on September 8.2009, by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Arch Insurance Company. 11 Director �rt Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. nn Executed on "f� —.at Newport Beach, California. BY� City Clerk 07131/2008 16:34 • • 1 7145239201 BELAIREWEST PAGE 02102 RELEASE OF STOP NOTICE OR NOTICE TO WITHHOLD PUBLIC FOR GOOD AND VALUABLE CONSIDERATION, receipt of which is hereby sclmowlodpd, th4I undomipned, does heroby telesse from the ettect of that certefn Stop Notice or Nceoe ro Nfithhold flled In the Olflee of the i D F MWARRAM i in the amoumot5 Z 7 ? /Zoo Fm fl 'Y-) Q�eSC� , nC- By Dated: Contrector's License # —6v1 dZ �ayat � em F�1aset �natne G b �W Belaire -West Landscape, Inc. \ R0. Boa 6270, Burna Perk, CA 9062L6270 August 5, 2008 City of Newport Beach Department of Public Works 3300 Newport Beach Blvd Newport Beach, California 92663 Attn. Tse Fong RE- Release of Stop Notice Dear Mr. Fong: 0 Lic. 448636 P (714) 523 -9200 F (714) 523 -9201 City of Newport Beach Mesa Birch Park Contract No. 3787 BWL Job No. 516 Enclosed please find a release of stop notice filed by Artisan Precast Inc. for that certain stop notice previously filed by them on July 17, 2008. Please process accordingly and if you have any questions, do not hesitate to contact us. Respectfully, Belaire -West Landscape, In . r, Sharon Graves Financial Controller KE 0 Easy Law Construction Notices A Dlvlslon of Easy Law. inc. ) 777 East Los Angeles Avenue, Suite 203 Simi Valley, CA 93065-2021 Tel (805) 306.0020 Fax (805) 306 0040 Toll Free (800) 327 -9529 statf(B�easylamnc.co n www.easylawinc.com July 17 2008 FED EX EXPRESS 'CRACKING NO.: 8664 7083 3577 City of Newport Beach Attn: City Clerk 3300 Newport Blvd. Newport Beach, CA 92663 RE: Artisan Precast- Inc. v. Cily of Newport Beach Project: Mesa -Birch Park, ContractIlMlIRTttersection of Mesa Avenue and Newport Beach, CA 92658 To Whom It May Concern: Enclosed please find a Stop Notice to be filed on behalf of our client, Artisan Pr by Belaire -West Landscape Inc to work on the above referenced project and has not In accordance with Civil Code Section 3185, we request that you notify this office Completion is filed. A check in the amount of $2.00 is enclosed for this purpose. Please contact John Kurtz with Artisan Precast. Inc. at 310 -556 -3200 for any regarding this matter. Enclosure cc: Client via fax Belaire-West Landscape Inc, P Very truly yours, Salina Reyes, Attorney in Fact for Artisan Precast, Inc. O. Box 6270, Buena Park, CA 906 2 Date LY Copies Serlt To: V*ayor Q Council Member Q Manager Q M Street Inc. who was hired paid. a Notice of or comments ALIFORNIA STOP NOTE To: City of Newport Beach Attn: City Clerk 3300 Newport Blvd. Newport Beach, CA 92663 HOLDER OF THE FUNDS FED EX EXPRESS TRACKING NO.: 8664 7083 3577 YOU ARE HEREBY NOTIFIED THAT the undersigned claimant, Artisan Precast, Inc., has furnished or has agreed to furnish and install 592 LF of 2 -Rail Concrete Fence to Belaire -West Landscape Inc, for that certain public work of improvement consisting of the Mesa -Birch Park, Contract # 3787, Intersection of Mesa Avenue and Birch Street, Newport Beach, CA 92658 and which is and was the whole of said materiaWlabor agreed to be furnished by claimant. The amount in value of the whole of said labor and/or materials agreed to be furnished by claimant is $27,291.20; the amount of change orders in the sum of $0.00; the amount in value of that already done or furnished by claimant is $27,291.20; claimant has been paid the sum of $0.00; and there is now due and owing to claimant the sum of $27,291.20 plus interest thereon at the rate of ten percent per annum from April 19, 2008. YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST. Dated: July 17, 2008 Name of Claimant: Artisan Precast, Inc. Prepared By:� Salina Reyes, Attorney in Fact for Artisan Precast, Inc. VERIFICATION 1 declare that I am the attorney in fact for Artisan Precast, Inc., the claimant named in the foregoing claim. I have read said claim and know the contents thereof and the same are true and contain, among other things, a correct statement of claimant's demands after deducting all just credits and offsets. I declare under penalty of perjury that the foregoing is true and correct. Executed on July 17, 2008, at Simi Valley, California. Prepared By: Salina Reyes, Attorney n act for Artisan Precast, Inc. EASY LAW, INC. dba Easy law Conatrootlon hlo, s 1777 E. Loa Angeles Ave., Sts, 203 S4nI Va%y, CA 93063 608.306-0020 www.easytawlnc.com ORDER OF F O City of Newport Beach ORDER O Union Bank of calUornlo Moorpark a 304 Moorpark, CA 93021 16- 4911220 001301 7/17/2008 "2.00 Two and 00l 100•"•«•««••.«•--•-+«-««..... «........, ««, «,,,,«,,.,,...,... Deans Artisan Precast v City of Newport Beach SN 4000130140 1: L 2 20004961:504 i0 L89 29110 0 � �E.y apNT • CITY OF NEWPORT BEACH ADMINISTRATIVE SERVICES S 1..300 NEWPORT BLVD.. P.O. BOX 1768, NEWPORT BEACII, CA 92658 -8915 rnw RECEIVED BY: PERRY2 TODAY'S DATE: 07/18/08 MISC MISCELLANEOUS RECEIPTS CASH RECEIPT RECEIPT NUMBER: 02000132125 PAYOR: ARTISAN PRECAST, IN REGISTER DATE: 07/18/08 TIME: 14:34:42 $2.00 --------------- - TOTAL DUE: $2.00 CASH PAID CHECK PAID CHECK NO $.00 $2.00 001301 TENDERED CHANGE $2.00 $.00