HomeMy WebLinkAboutC-2221 - Water Replacement Program, 1981-1982, 5th Avenue & Poppy AvenueBY THE Ct" COUNCIL
CITY OF NEWPORT BEACH
JUL 2 51983
MEMORANDUM
OFFICE OF THE CITY ATTORNEY
July 20, 1983
Agenda Item No. F 14
To: Hon. Mayor & Members of the City Council
From: Robert H. Burnham - City Atorney
Re: Request on behalf of Gabi Construction for Release of
Monies Held Pursuant to Stop Notice (Contract No. 2221)
BACKGROUND
On May 24, 1982, the City Council awarded, to Gabi
Construction, Contract No. 2221, which called for certain
improvements to be made to water mains in the vicinity of 5th
Avenue and Marguerite. Prior to the recordation of a Notice of
Completion for the project, Stop Notices were filed by
Certainteed Corporation and Carl West, both of whom claim to have
supplied labor and /or equipment to Gabi Construction with respect
to this project, and both of whom claimed to have been paid less
than the value of their services.
The City, upon receipt of the Stop Notices, withheld
money that the City would have otherwise paid to Gabi
Construction. The sum withheld was substantially less than the
total amount of the claims set forth in the Stop Notices.
On November 22, 1982, Certainteed Corporation, one of
the Stop Notice claimants, filed a lawsuit against Gabi
Construction, the City of Newport Beach and the companies which
posted the Faithful Performance & Payment Bonds. With the
consent of Gabi Construction, the City agreed to pay to
Certainteed all of the money that it had retained in excess of
that necessary to satisfy the other Stop Notice claimant. This
agreement was memoralized in a Stipulated Judgment and the City
Agenda Item No. F 14
July 20, 1983
Page Two
Re: Request on behalf of Gabi Construction for Release of
Monies Held Pursuant to Stop Notice (Contract No. 2221)
has been dismissed from that lawsuit. It should be noted that,
once the City was served with the Summons & Complaint, a demand
was made on the company that issued the payment bond to provide
the City with legal counsel, however, no response was received to
this request, and this office expended significant time in
defending the interests of the City.
On March 21, 1983, the other Stop Notice claimant, Carl
West, filed a complaint in Harbor Court, again naming Gabi
Construction, the City of Newport Beach and Allied Fidelity, the
company that issued the Payment Bond. The City has not been
served with a copy of the Summons & Complaint in that action, and
Allied Fidelity has not confirmed, in writing, their willingness
to protect the interests of the City.
In the past 30 days, this office has been advised by
Pat Dunnigan, of the Public Works Department, that some of the
ditches dug by Gabi Construction appear to be slumping, and that
some relatively minor repair work should be done.
The attorney representing Gabi Construction and Allied
Indemnity is now asking the City Council to release to Gabi the
money withheld by virtue of the Stop Notice filed by Carl West.
Pursuant to the provisions of Section 3196 of the Civil Code, the
City Council is authorized to release the monies withheld
pursuant to the Stop Notice, if the original contractor disputes
the correctness of the Stop Notice and, with the approval of the
public entity, files a Bond equal to 125 percent of the claim
stated in the Stop Notice. The letter from the attorney which
disputes the correctness and enforceability of the Stop Notice
and a copy of the Bond sought to be filed with the City, are
attached to this memo as Exhibits "A" and "B ".
DISCUSSION
It is the opinion of staff that the request of Gabi
Construction for the release of the monies withheld pursuant to
the Stop Notice be granted subject to certain conditions. Staff
is concerned that release of these monies at this time would
jeopardize the ability of the City to require Gabi to correct any
deficiency in the work already performed. This office has also
expended time and effort for which the City should be reimbursed
pursuant to provisions of the Payment Bond.
Agenda Item No. F 14
July 20, 1983
Page Three
Re: Request on behalf of Gabi Construction for Release of
Monies Held Pursuant to Stop Notice (Contract No. 2221)
RECOMMENDATION
With this in mind, it is recommended that, the City
Council authorize the City Clerk to receive the Bond, and
authorize the Public Works Director to release the sum fo
$4,500.00 to Gabi Construction, subject to the following
conditions:
I. That the Public Works Department is satisfied that all
necessary repairs to the work performed by Gabi
Construction have been, or will be made; and
II. That the City Attorney is satisfied that Gabi
Construction and Allied Fidelity have complied with
their obligations pursuant to Contrct No. 2221 and the
payment and Performance Bonds issued pursuant thereto.
A
Robert H. Burnham
RHB /pr
MMP /Gabi
0
STEPHEN D. JOHNSON
ATTORNEY AT LAW
July 5, 1983
Robert H. Burnham
City Attorney
3300 Newport Blvd.
Newport Beach, Ca.
0
AS TON PLAZA
17662 IRV'.NE BOULEVAPO. SUITE B
POST OFFICE BOX 1072
TUSTIN, CALIFORNIA 92G80
TELEPHONE 17141 838 -6202
RE: West vs. Gabi
Harbor Municipal Court case number 58438
Dear Mr. Burnham:
This office represents Gabi Construction Co. the original
contractor on the public work of improvement known as Water
Main Replacement Program C -2221.
As the result of a stop notice served upon the City of Newport
Beach on November 9, 1982 by Carl T. West, the city is with-
holding $2500.00 in contract funds that would otherwise be
due and payable to Gabi Construction Co.
Gabi Construction Co. has previously filed with the city a stop
notice release bond in sum and substance sufficient to meet all
statutory requirements and to secure the City of Newport Beach.
As you are aware, Certainteed Corp. filed a civil action in United
States District Court (no. 82 6028 RMT (mcx)) in order to enforce
2 stop notices served upon the City of Newport Beach. A settlement
has been reached whereby the civil action is abated while Gabi
Construction pays the sum of $4,535.47 per month until the balance
is paid. I enclose a copy of the STIPULATION FOR ENTRY OF JUDGMENT
for your inspection.
The funds that are currently being withheld by the City of Newport
Beach pursuant to the stop notice of Carl West are needed to make an
installment of the debt to Certainteed. Otherwise, Certainteed will
have further recourse.
The stop notice and related civil action of Carl West are not merit-
orious as far as the stop notice is concerned because Carl West is
not licensed as a contractor. Although the complaint purports to
state that Carl West was merely an equipment lessor, in fact he was
not subject to supervision or control by Gabi Construction Co., having
been hired for the specific purpose of building the water line,
EXHIBIT A
4
• •
STEPHEN D. JOHNSON
ATTORNEY AT LAW
Robert H. Burnham
Page 2
RE: West vs. Gabi
interpreting the plans and receiving or losing compensation
according to the profit in the job. Pursuant to Business and
Professions Code Section 7031, the stop notice action cannot
lie against the city.
I have referred to a defense that can be raised by the City of
Newport Beach. In fact, other defenses exist as to Gabi
Construction Co. including, but not limited to unsatisfactory
work corrected by Gabi, and an offset because of the losses on
the job due to the activities of Carl T. West and as to Allied
Fidelity for failure to give the proper notices.
In view of the fact that the money withheld by the City of Newport
Beach is needed to pay Certainteed, who is a legitimate stop notice
claimant, Gabi Construction Co. is entitled to have the bond accepted
by the city and the payment to Gabi Construction Co. of the $4500.00.
Furthermore, Carl West is not a legitimate stop notice claimant and
based upon my discovery, it does not appear that he can prevail at
trial herein.
Please make the check payable to Certainteed Corp. and send the check
directly to Certainteed Corp. c/o Jeff R. Wheatley 2751 East Chapman
Ave., Ste. 101,Fullerton, Ca. 92631.
If you have any questions, please contact me immediately. Time is
extremely important here.
Thank you for our courtesy and cooperation.
STEPHEN D. J HNSON
SDJ /maw
Enclosure
9
.Y.
�\ -_
BOND NC DC003253
IDEAL MUTUAL INSURANCE COMPANY
P.O. Box 80137 8915 A. Meridian Street Indirnapolis, Indiana A
S ?I 01C
• �F
BOND FOR TOE RELEASE OF ;TOP NOTICE 2
010 y
WHEREAS: GABI CONSTRUCTION CO., INC. C983�
herein referred to as PRINCIPAL, Cesires to give Bond pui
to Section 3171 of the California Civil Code for the release
that certain STOP NOTICE filed by _.CARL T. WEST
as CLAIMANT in the amount of FOUR THOUSAND FIVE HUNDRED
DOLLARS AND N01100 ($ 4500.00 )
pursuant to Section 3158 of the California Civil Code as to that
certain real property located at;
WATER MAIN REPLACEMENT PROGRAM
CONTRACT No. 2221
CITY OF NEWPORT BEACH, CA
a
' NOW THERRFORE, The'PRINCIPAL and IDEAL MUTUAL INSURANCE COMFANY
AS SURETY, are by These presents held and firmly bound unto
CARL T. WEST
it, the penal sum of FIVE THOUSAND SIX HUNDRED TWENTY
FIVE AND N01100 ($ 5625.00 ) Dollars, being one
and one four' -.h times the amount of the said STOP hJTICE, for the
payment, of any slim whi--h the CLAIMANT may recover on the claim
taget:ier With his ccsts of suit in the acLien under the statutory
obligations.
In Witness whereof we have sunsciibed hereto our hands and seal
this 2ND day of JUNE 19 83
GABI CONSTRUCTION CO., INC.
t
BY ✓� 12 c (.
IDEAL MUTUAL INSURANCE GOMPxNY
EXHIBIT By L
EDWARD W. HALLMARTTORNE' �, FACT
IDEAL M� ,'!.'UAL INSURANCE COMT NY
�' Bond Department t
=t P.O. Box 7001 DC NO— 0 0 3 25 3
7 Indianapolis, IN 46207
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it authorizes ex- 'u .j
ecuted. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN, W ?
THE AUTHORITY OF THE ATTORNEY -IN -FACT and THE LIABILITY OF THE COMPANY. Z rn
SHALL NOT EXCEED 4 * FOUR H.UNDRtD THOUSAND DOLLARS * **
r �
USE OF MORE THAN ONE POWER VOIDS THE BOND
IDEAL MUTUAL INSURANCE COMPANY, a mutual' anee cogpeny�ha its rincipal office in New York City, State of New York, n Z
does hereby make, constitute and appoint: ED8IARD W . HALLI'7AIV D o
in the City of ANAHEIM ,County of ORANGE ,state of CALIFORNIA x ex-
its true and lawful attorney -in -fact, at NEWPORT BEACH , in the State of CAL.IOFRNIA .art
to make, execute, seal and deliver for on its behalf, and as its act and deed, bonds, and undertakings in behalf of court fiduciaries, who under the m
jurisdiction of a court, administer property held in trust; public official bonds; license and permit bonds; tax, lien, and miscellaneous bonds; re-
quired by Federal, State, County, Municipal Authority, or other obligees, provided that the liability of the company as surety on any such bond Z m
executed under this authority shall not in any event exceed the sum shown above.
tn+f O
THIS POWER VOID IF ALTERED OR ERASED a
x
This power not valid unless used before December 31, 1985 WN m
The acknowledgment and execution of any such document by the said Attorney -In -Fact shall be as binding upon the Company as if such bond �
had been executed and acknowledged by the regularly elected officers of this Company. 0 ,9j
O m
This Power-of-Attorney is granted and is signed and sealed by facsimile under and by the authority of the following resolution adopted by the
Board of Directors of IDEAL MUTUAL INSURANCE COMPANY at a meeting duly called and held on the 18th day of September, 1980. 3
W
"RESOLVED, that the President or any Vice President or any Secretary may appoint Attorneys -in -Fact in any State, Territory or Federal District to a 7
represent this Company and to act on its behalf within the scope of the authority granted to them in writing, which authority may include the power to make,
execute, seal and deliver on behalf of this Company as surety, and as its act and deed any and all bonds and undertakings of suretyship and other documents H H
that the ordinary course of surety business may require, including authority to appoint agents for the service of process in any jurisdiction. State or Federal
and authority to attest to the signature of the President or any Vice President or any Secretary and to verify any affidavit or other statement relating to the ,,0 O 0
foregoing, and to certify to a copy of any of the By -Laws of the Company and to any resolutions adopted by its Board of Directors or Executive Committee n 'Y.
and any Attorney -in -Fact may be removed and the authority granted him revoked by the President or any Vice President or any Secretary or by the Board of H
Directors or Executive Committee."
All authority hereby conferred shall continue until revoked by said Board of Directors or, by the Exec ive tnndttee thereof. H
Z
IN WITNESS WHEREOF, the Company has caused this Power of Attorney t si and its o ate al to be affixed this 18th day of n
September, 1980.
L MUTU NSU ANCE PANY
<� ATTEST . �-
. "
SECRETARY EXECUTIVE VICE PRESIDENT
THIS POWER DOES NOT AUTHORIZE JJ441 THE EXECUTION OF BONDS FOR LOAN GUARANTEES %,�I
STATE OF NEW YORK SS:
COUNTY OF NEW YORK
On this 18th day of September, 1980, before me a Notary Public, personally appeared Thomas A. Roden and Fred L. Packer who being by me
duly swom, acknowledged that they signed the above Power of Attorney as Secretary & Executive Vice President of the said IDEAL MUTUAL
INSURANCE COMPANY and acknowledge said instrument to be the voluntar act and dee of 'd Cor, ation.
Notary Public, New York County, New York / /yA�,#,
My Commission Expires: March 30, 1983.- r�Y �✓W
DANIEL R. VARONA
Notary Public, State of New York -,
No. 24 -02 VA 3698299
Qualified in Kings County
Certificate filed in New York County i
Commission Expires March 30, 1983
1. ONLY ONE POWER-OF- ATTORNEY MAY BE ATTACHED TO A BOND.
2. POWER -0F - ATTORNEY MUST NOT BE RETURNED TO ATTORNEY -IN -FACT, BUT SHOULD REMAIN A PERMA-
NENT PART OF THE OBLIGEE'S RECORDS.
3. THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR
FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS. OR BONDS FOR
CRIMINAL APPEARANCE.
DM10117N
• 0
STl.TE O' CALIFORNIA
COUNTY OF
On this ...2-ND. day of . ..........JUNE ................. in the year .>g.3...... before me,
HOLLY GREENS
..... a NOTARY PUBLIC in and for aaiu
... .......
(Hoary i Name
S.ate, personally appeared .......... AWARD ... K.....>�A)�Gt�AAt........... , personally
known to me (or proved to me on the basis of satisfactory evidence) to be
the person whose name is subscribed to this instrument as the attorney -in-
fact of IDEAL MUTUAL INSURANCE COMPANY and acknowl -°
euQed to me `.hat;he (she) subscribed the name of IDEAL MUTUAL,
INSURANCE CO. thereto as furety And his (her) own name ca
attorney -in- fact.
1. 1 ................... . t:K C .... 1 �. S lt�,..........
Notary�Public in snd or r+d State
JANUARY 28,, „1,85.
My Comm» +ion Fapires ................ .......
OFFICIAL SEAL
f` HOLLY GREENE
$ .F:.a. • NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
•• My Cp EqW. jW a 1980
S_4828
,
BOND NO D0003253
IDEAL MUTUAL INSURANCE COMPANY
P.O. Box 80137 89;5 A. Meridian Street Inairnapolis, Indiana
S' C/1
011-1
nc�
BOND FOR TAE RELEASE OF ;TOP NOTICE 0 pqL .?4�0
IV Aw,
8
WHEREAS: GABI CONSTRUCTION CO., INC.
herein referred to as PRINCIPAL, (;esires to give Bond pu t
to Section 3171 of the California Civil Code for the relelse o
that certain STOP NOTICI? filed by CARL T. WEST
as CLAIMANT in the amount of FOUR THOUSAND FIVE HUNDRED
DOLLARS AND N01100
($ 4500.00 )
pursuant to Section 3158 of the California Civil Code as to that
certain real property locaCed at;
WATER MAIN REPLACEMENT PROGRAM
CONTRACT No. 2221
CITY OF NEWPORT BEACH, CA
NOW THER °FORE, The'PRINCIPAL and IDEAL MUTUAL INSURANCE COMFANY
AS SURETY, are by these presents held and firmly bound unto
CARL T. WEST
in the penal sum of FIVE THOUSAND SIX HUNDRED TWENTY
FIVE AND N01100 ($ 5625.00 ) Dollars, being one
and one four'-.h times the amount of the said STOP hJTICE, for the
payment; of any slim whi--h the CLAIMANT may recover on the claim
tagether with his costs of suit in the actin under the statutory
obligations.
In Witness whereon we have sunsciibed hereto our nands and seal
this 2ND day of JUNE 19 83
GABI CONSTRUCTION CO., INC.
i
BY
IDEAL MUTUAL INSURANCE COMPANY
BY L ` y'i
EDWARD W. HALLMAIITTORNE ACT
OD
\
7
§
�
00
f §
I y$m
.{`)Mr.
!
/
�
■
k
)M)Qn
�@�]]�/
ƒt5 Hoc
/5
/7$
f A�
3CD
- ) § 04
?t.• -
-r-�Mi
Eƒ § \2{
mo:
s�\2P}
?m °f\
\) -0
�7 7ƒ a|
A� ■�22
\ §tv
/
2 s■
/
i
:;-
/ \�
2 {,.�
to
z
§
q
/
\
;
k §
9
o 1
3
�
o
�
\
\
\
/
/
\
(
' IDEAL M jFUAL INSURANCE COMF#NY
Bond Department
P.O. Box 7001 DC N°_ 003253
Indianapolis, IN 46207
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That this Power-of-Attorney is not valid unless attached to the bond which it authorizes ex- b S
It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN. E
THE AUTHORITY OF THE ATTORNEY-IN-FACT and THE LIABILITY OF THE COMPANY.
r� n on
SHALL NOT EXCEED _ P,,ri� Gi.�i.. Ai rr "; Y
r
�
USE OF MORE THAN ONE POWER VOIDS THE BOND
IDEAL MUTUAL INSURANCE COMPANY, a mutual insurance com n ha vin its rincipal office in New York City, State of New York,
EDWARD W� �f1ALL�lA1V
j
y
does hereby make, constitute and appoint:
Co
p
in the City of ANAHEIM ,County of ORANGE , state of CALIFORNIA
z
tom-
its true and lawful attorney -in -fact, at NEWPORT BEACH , in the State of CAI.TOFRNTA
to make, execute, seal and deliver for on its behalf, and as its act and deed, bonds, and undertakings in behalf of court fiduciaries, who under the
r7
tin
jurisdiction of a court, administer property held in trust; public official bonds; license and permit bonds; tax, Gen, and miscellaneous bonds; re-
tAU
C
quired by Federal, State, County, Municipal Authority, or other obligees, provided that the liability of the company as surety on any such bond
O
h7
executed under this authority shall not in any event exceed the sum shown above.
to
d
THIS POWER VOID IF ALTERED OR ERASED
This power not valid unless used before December 31, 1985
H
m
The acknowledgment and execution of any such document by the said Attorney -In -Fact shall be as binding upon the Company as if such bond
had been executed and acknowledged by the regularly elected officers of this Company.
O
>
This Power-of-Attorney is granted and is signed and sealed by facsimile under and by the authority of the following resolution adopted by the
Power-of-Attorney
x
W
Board of Directors of IDEAL MUTUAL INSURANCE COMPANY at a meeting duly called and held on the 18th day of September, 1980.
3
"RESOLVED, that the President or any Vice President or any Secretary may appoint Attorneys -in -Fact in any State. Territory or Federal District to
a
represent this Company and to act on its behalf within the scope of the authority granted to them in writing, which authority may include the power to make,
execute, seal and deliver on behalf of this Company as surety, and as its act and deed any and all bonds and undertakings of suretyship and other documents
H
H
that the ordinary course of surety business may require, including authority to appoint agents for the service of process in any jurisdiction, State or Federal
7.'
O
and authority to attest to the signature of the President or any Vice President or any Secretary and to verify any affidavit or other statement relating to the
foregoing, and to certify to a copy of any of the By -Laws of the Company and to any resolutions adopted by its Board of Directors or Executive Committee
n
Z
and any Attorney -in -Fact may be removed and the authority granted him revoked by the President or any Vice President or any Secretary or by the Board of
O
H
Directors or Executive Committee."
All authority hereby conferred shell continue until revoked by said Board of Directors or by the jrxse ive C�mrnittee thereof.
H
IN WITNESS WHEREOF, the Company has caused this Power of Attorney t st d and its or ate al to be affixed this 18th day of
Z
n
September, 1980.:
ATTEST:\.
SECRETARY
C (_
PRESIDENT
THIS POWER DOES NOT AUTHORIZE
THE EXECUTION OF BONDS FOR LOAN GUARANTEES
STATE OF NEW YORK SS:
COUNTY OF NEW YORK
On this 18th day of September, 1980, before me a Notary Public, personally appeared Thomas A. Roden and Fred L. Packer who being by me
duly sworn, acknowledged that they signed the above Power of Attorney as Secretary & Executive Vice President of the said IDEAL MUTUAL
INSURANCE COMPANY and acknowledge said instrument to be the volun� act anddeeof asQid Co anon. `�
Notary Public, New York County, New York ��1/���� � //7(/ �,r ti,
My Commission Expires: March 30, 1983. G4+r�r- !✓ y/ I"� _ _.
DANIEL R. VARONA
Notary Public, State of New York
No. 24 -02 VA 4698299
Qualified in Rings County
Certificate filed in New York County
Commission Expires March 30, 1983
1. ONLY ONE POWER -OF- ATTORNEY MAY BE ATTACHED TO A BOND.
2. POWER -OF- ATTORNEY MUST NOT BE RETURNED TO ATTORNEY -IN -FACT, BUT SHOULD REMAIN A PERMA-
NENT PART OF THE OBLIGEE'S RECORDS.
3. THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE FOR
FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS. OR BONDS FOR
CRIMINAL APPEARANCE.
DC010117N
a 0
CITY OF NEWPORT BEACH
January 13, 1983
P.O. BOX 1768, NEWPORT BEACH. CA 92663 -3883
Gabi Construction Co., Inc.
311 Latchwood Lane
La Habra, CA 90631
OFFICE OF THE CITY CLERK
(714) 640 -2251
Subject: Surety Co.: Allied Fidelity Insurance
Bond No.: AC003691
Project: Water Main Replacement Program
Contract No.: C -2221
The City Council on December 13, 1982 accepted the work of subject
project and authorized the City Clerk to file a Notice of Completion
and to release the performance bond 35 days after the Notice has been
recorded.
The Notice was recorded with the Orange County Recorder on December 22,
1982, Reference No. 82- 449241. Please notify your surety company that
the bond may be released 35 days after this recording date.
Sincerely,
Wanda E. Andersen
City Clerk
WEA:lr
cc: Public Works
3300 Newport Boulevard, Newport Beach
Please return to:
City Clerk
(city of Newport Beach
3300 Newport Blvd.
,P.O. Box 1768
Newport Beach, CA 92663.3884
Exr pt re dfng request ptl
CqV ,n t Code 6103
82- 449241
NOTICE OF COMPLETION
PUBLIC WORKS EXEMPT
C 7;
'i o All Laborers and Material Men and to Every Other Person Interested:
CITY OF
NEWPORT BEACH,
CAUF.
JAN 121983
RECEIVED
CITY r1I 7RK
YOLT WILL PLEASE TAKE NOTICE that on December 13, 1982
the Public Works project consisting of Water Main Replacement Program (C -2221)
on which Gabi Construction Co., Inc., 311 Latchwood Lane, La Habra, CA 90631
was the contractor, and Allied Fidelity Insurance, 1100 E. Orangethorpe, Anaheim, CA 92801
was the surety, was completed.
4C Y OF NEWPORT BEACH
— - 49- 94
Public Works Director
VERIFICATION
I, the undersigned, say:
I am the Public Works Director of the City of Newport Beach; the foregoing
Notice of Completion is true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on December 16, 1982 at Newport Beach, California.
div 'I
�_ J.
Public'Works Director
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Newport Beach; the City Council of said
City on December 13, 1982 accepted the above described work as
completed and ordered that a Notice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on December 16, 1982 at Newport Beach, California.
City Clerk
RECORDED IN OFFICIAL RECORDS
OF ORANGE COUNTY. CALIFORNIA
-1150 AM DEC 2 2 '82
LEE A. BRANCH, COUnty Recorder
9
s
CITY OF NEWPORT BEACH
December 16, 1982
Lee A. Branch
County Recorder
P.O. Box 238
Santa Ana, CA 92702
Dear Mr. Branch:
P.O. BOX 1768, NEWPORT BEACH, CA 926633884
OFFICE OF THE CITY CLERK
(714) 640 -2251
Attached for recordation is Notice of Completion of Public Works project
consisting of Water main replacement program, Contract No. 2221 on which
Gabi Construction Co, was the Contractor and Allied Fidelity was the Surety.
Please record and return to us.
Sincerely,
Wanda E. Andersen
City Clerk
WEA:lr
attach.
3300 Newport Boulevard, Newport Beach
Q C 3J, 9 8 2
By the CITY COUNCIL
CITY OF NEWPORT BEACH
TO: CITY COUNCIL
FROM: Public Works Department
0
December 13, 1982)
CITY COUNCIL AGENDA
ITEM NO. _F— 1-7
SUBJECT: ACCEPTANCE OF WATER MAIN REPLACEMENT PROGRAM (C- 2221)
RECOMMENDATIONS:
1. Accept the work.
2. Authorize the City Clerk to file a Notice of Completion.
3. Authorize the City Clerk to release the bonds 35 days
after Notice of Completion has been filed.
DISCUSSION:
The contract for the replacement of water mains in Corona del Mar
has been completed to the satisfaction of the Public Works Department.
The bid price was $229,225.00
Amount of unit price items constructed 234,552.00
Amount of change orders 1,689.38
Total contract cost $236,241.38
Funds were budgeted in the Water Main Replacement Fund.
The increase in the amount of the unit price items constructed re-
sulted primarily from the need to remove and replace an additional 80 lineal
feet of 8 -inch water main. One change order was issued to provide for ex-
ploratory excavation and patching in the alley easterly of Marguerite Avenue
at Coast Highway.
The design engineering was performed by the Public Works Department.
The contractor is GABI Construction Co., Inc., of La Habra,
California.
The contract date of completion was August 31, 1982. The construc-
tion was substantially completed by that date, with the cleanup completed by
October 12, 1982.
4Q 14Z
Benjamin B. Nolan
Public Works Director
GPD:jd
r Stop Notice
NOTICETO City of Newport Beach, Attn: Pat Dunnigan
Now
3300 W. Newport Blvd., Newport Beach, CA 92663
Address _"
(Public Body or Lender) t%S I
ogA` � ` '
(If public Job –file with office of controller, auditor, or other public disbursing F�rriv�wse My it t payments
under provisions of the contract.) VF!` c:
(If Private Job – file with responsible officer or person at office or brand( colt tr ction lendetAd tering the
construction funds.) y '�'
i
Prime Contractor: t'aU1 i-U
Sub Contractor (If Any) None
Owner or Public Body: City
Improvement known as 5th
or
t
intheCityof Newport Beach County of Orange
State of California. 17 z / ` `)
Certainteed Corp.– Parkson Div. claimant,a Corporation
(Claimant) (Cwporad IPartnersbipfsole Proprietorship)
furnished certain labor, service, equipment or materials used in the above described work of improvement.
The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service,
equipment or materials is Gabi Construction
(Name of Subcontractor(Contmctor /Owner - Builder)
The kind of labor, service, equipment or materials furnished or agreed to be furnished by claimant was Dnmp a+ i c
Water Systems & Services
(Describe in detail)
Total value of labor, service, equipment or materials agreed to be furnished .......... $61,530.11
Total value of labor, service, equipment or materials actually furnished is ........... $61,530.11
Credit for materials returned, if any ......................... ... $ 6,471.75
Amount paid on account, if any . . . . . .. ... . . . . ... . . .. ... .. .. .. $24,302.84
Amount due after deducting all just credits and offsets .................... $30,755.52
YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project
to satisfy claimant's demand in the amount of $ 20, 755.52 , as provided in Sections 3156 ttuu 3214 of the
Civil Code, and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as
provided by law.
A bond is not attached. (Bond required on private jobs – not on public jobs.)
(is(is not)
Date 11 -2–
Verification for Partnership or
Sole Ownership
STATE OF CALIFORNIA
COUNTY OF
(Claimant or Representative)
Nameof(laimant Ce aintee I orp. Parkson Div.
r l Name).
President
(Official Capacity) ..
r_
being fu at duly sworn deposes and says that he is
(Owner, Partner or Agent)
Of
(Firm Name)
SS.
named as claimant in the foregoing claim; that he has
read said claim and knows the contents thereof, and that the
facts therein stated we true.
X
(Signature of Affront)
SubscnW and sworn to before me this
day of ,19_
( Siggnature of Nomry Public)
Notary
Stamp
Verification for Corporation
w
STATE OF CALIFORNIA
COUNTY OF Ss ,.
Los Angeles ))
Neal A Woolston
(Claimant or Representative)
being £ust duly mom deposes and says that Xi he is
President
(Off/cad Capacity)
ofCertainteed Corp. Parkson Div.
(Exact Corporate Name)
the corporation that executed the foregoing claim; tbatXLXhe
makes this verification 6-ft behalf of said corporation; thatXXhe
has rea id claim and knows the contents thereof, and that the
facts t m stated e f e.
X Z Z�71M- "
(Signature of Affwnt)
Subscribed and sworn to before me this T k i r rl
day of v o m��� q ,19 Ft
Notary OFFCM SM 44� NEW P. QW1A
Stamp WrMS RIBIIGCa1N811"
ir NIMCNML OFM M
109ANOUXt CMM11
My ComMMrfon Em*@s Mw 4, 1984
Original of above notice received this day of 19—
BMDCA FORM 4 (REV. 8-74)
NOTICE TO
CORRECTED
Stop Notice
City of Newport Beach, Attn: Pat
3300 W. Newport Blvd., Newport Beach, CA 92663
(Public Body or Lender)
(If Public Job — file with office of controller, auditor, or other public disbursing officer whose du
under provisions of the contract.)
(If Private Job — file with responsible officer or person at office or branch of construction
construction funds.)
Prime Contractor:
Sub Contractor (If Any)
Owner or Public Body:
Improvement known as
Gabi Construction
OF
tAW
to
WA4
Beach Contract #2221, Bond # AC 003691
in the City of 1NewPur t Deaul County of Vrange
Stateoertfainteed arkson Div. Corporation
Corp. rp claimant, a rp
(Claimant) ( Corporation /Partnership /Sole Proprietorship)
furnished certain labor, service, equipment or materials used in the above described work of improvement.
The name of the person or com x by whom claimant was employed or to whom claimant furnished labor, service,
equipment or materials is ayb1 Construction
(Name of Subcontractor /Contractor /Owner - Builder)
kkitnd o abor, servi�e uipvient or materials furnished or agreed to be furnished by claimant was Domestic
ater ystems r'S��rvices
(Describe in detail)
Total value of labor, service, equipment or materials agreed to be furnished .......... $ 61, 530.11
Total value of labor, service, equipment or materials actually furnished is ........... $ 61, 530.11
Credit for materials returned, if any .......................... I.... $ 6.471.7S
Amount paid on account, if any ... ....... , , $ 24,302.84
Amount due after deducting all just credits and offsets .................... $ 30,755.S2
YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project
to satisfy claimant's demand in the amount of $ 30,755.52 , as provided in Sections 3156 thru 3214 of the
Civil Code, and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as
provided by law. i
A bond s not attached. (Bond required on private jobs — not on public jobs.)
(is)is not)
Date
11-2-82
Name of Claimant Certainteed Coi d. - Parkson Div.
By
Verification for partnership or
Sole Ownership
STATE OF CALIFORNIA
COUNTY OF
(Claimant or Representative)
being first duly sworn deposes and says that —he is
Of
(Owner, Partner or Agent)
(Firm Name)
(Official Capacity)
Verification for Corporation
STATE OF CALIFORNIA
SS. COUNTY OF SS.
Los Aneeles
Neal A. Woolston
(Claimant or Representative)
named as claimant in the foregoing claim; that he has
read said claim and knows the contents thereof, and that the
facts therein stated we true.
X
(S4wture of Affront)
Subscribed and sworn to before me this
day of
(Signature of Notary public)
Notary
Stamp
,19—
being first duly mom deposes and says that XX_ he is
President
(Official Capacity)
of Certainteed Corp.Parkson Div_
(Exact Corporate Name)
the corporation that executed the foregoing claim; thakx-ihe
makes this verification on bxhalf of said corporation; thaKX_he
has read skid claim and kno s the contents thereof, and that the
facts there
)n stated are true: .
(Signature of Affront) T
Subscribed and o to efore me this T i rrr
m
day of 0 em$er 19 82
(Signature of Notary Pub
ONICIAL RAt.
NESBIE R. (;11RCIA
WrM1' R,IMic- CAi.UFORNu
PMNCWAL ONCE W
WS ANCEW COUNTY
Won Expires May 4. 19P",
Original of above notice received this day of 19_
BMDCA FORM 6IREV. B-74)
NOTICE TO City of Newport ReachLAtin;_ -Pat Dunnioan CITY OF \
A'a^� �IEV:�clzr -���,
3300 W. Newport Blvd. , Ne-wport Bead CA -926 _ ry 11
Address _r .. NOV 7 }I g
(Public Body or Lender) -� 1[�}���c
Of Public Job -file with office of controller, auditor, or other public disbursing officer whose�duty it i,,f,'ErUKE9��te� @?
under provisions of The contract.)
(If Private Job - Me with responsible officer or person at office or branch of construction nute'o ,.te
construction funds.)
Prime Contractor: ._....Cabi Construction
Sub Contractor vone _
-actor (If Any) . ._. ..-- ---._-.. ...__
Ch':ner of P-uhli- Body: _._C -' ty..Gf N- :port 9Cach
h:;pmve,mn ±knoumas .. _5th & I'Mr- nlerite water main replacement
__...._ pa cno address o'.ro, ._._i emen_ —.._ _.._... - .._
(na � p iect or wgrk of improl'emen O
Newport Beach Contract._�2221,_ Bond _AC._003691_— _,__ —_.___ _
in the City of _. ,sr `ort B ash___ - -- County of Or.Frnog_,
S ".ate of California. -
Certainteed Cow_ Park_son Div.
(C7c1mant) (Corpora fionlpcnr. er.tkiplSole Frupri ermstipJ
furnished certain labor, service, equipment or materials used in the above described work of improvunent.
The name of the person or company by whom claimant was employed or to whom claimant fu_ished labor, service,
equipment or materials is Cabi Construction
(Name of Subcontractor /Contractor /Owner - Builder)
The kind of labor, service, equipment or materials furnished or agreed to be furnished by claimant was .._ -D- opi
tc_
Water Svstems & Services
(Ocscribc in detail)
Total value of labor, service, equipment or materials aereed to be furnished . . . . . . . . S61,530. 11 _
Total value of labor, service, equipment or materials actually furnished is . . . . . . . . . . . 5 61 , 5 3 0 . 11
Credit for materials returned, if any . . . . . . . . . . . . . . . . . . . . . . . . . . . S_ 6 ,_4 71 . 15-
Amount paid on account, if any . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . e24,302.84
_ .
Amount due after deducting all just credits and offset s-76
1 75S. 52_— _
YOU ARE HERE13Y NOTIFIED to wit old sufficient mom es held b}' you on the above described project
to satisfy claimant's demand in the amount o 20, 755. 52 s provided in Sections 315b thru 3214 of the
Civil Code, and in addition thereto sums sufficie to cover inter court costs and reasonable costs of litigation, as
provided by law.
A bond _.__ is not attached. (Bond required on private jobs - not on public jobs.)
(islis not)
Date - _11-L-
Name of Claimant Certainteed- `Corp. Parkson Div.
Verification for Partnership or
Sole Ownership
STATE OF CALIFORNIA
COUNTY OF
(Claimant or Representative)
being fast duly sworn deposes and says thathe is
(owner, Partner or Agent)
of
(Fvm Name)
} SS.
named as claimant in the foregoing claim; that he has
read said claim and knows the contents thereof, and that the
facts therein hated are true.
11
(Sjgwa a of Affiant)
Subscribed and swom to before me
day of
(Signarwe of Notary Public)
Notary
Stamp
Original of above notice received this
RMDCA FORM (REV. 8-76)
,19—
/_ .. 1Fjr/ Fame)
By —
President
—._ (official Capacity) - - - - --
Verification for Corporation
STATE OF CALIFORNIA
COUNTY — —� SS.
Angeles
gelee s _
Neal A_Woolston
f0aimaw or-Representative)
being first duly swom deposes and says that Xhe is
President
(Official Capacity) — --
ofCertainteed Corp. Parkson Div.
(Exact Corporate Name)
the corporation that executed the foregoing rUirn; thai:_xhe
makes this vcrifiration on behalf of said coiporation; thaC Xhe
has read acid claim and knows the contents thereof, and that the
facts therein stated are true. j
X lrr.'r / f - -7/' � ' (- J
(Swwrwr of Affiant)
Subsmbed and swom to before me this T k r r d
day of N-n y r m ]:,_r-r— r .19 --R
of
`J
li
WESTCO CONSTRUCTION
P.O. BOX 5957
MISSION HILLS. CA 91345
TO:
STOP NOTICE
NOTICE TO WITHHOLD TO HOLDER OF FUNDS
(Name of owner, construction lender or public officer)
3300__ Newport__Blvd, Newport Beach, Ca. 92663
(Address of owner or construction lender)
YOU ARE HEREBY NOTIFIED THAT the undersigned claimant,
Cl f"y CF
NEW1�R� BEACH 9
NO *
—, HOLDER OF FUNDS.
Carl T. West -- 10196 Stonehurst Ave, Sun Valle;. Pa. 9135?
(Name and address)
has furnished or has agreed to furnish Labor and eq li pm ntrent al
(labor, services, equipment, materials)
of the following kind Manu al labor, equipment rental of backhoe & dump tx-ufk —,
(general description of labor, services, equipment or materials)
to or for . Gabi Construction — Bill l?oppin, Jr. , for the work improvement, located at, or known as:
frame of person to or for whom furnished)
._V.,atermain replacement program - C -2221 5th Ave. to Goldenrod Ave_,
r ddre s, legal descriptio riplion site or reject identification)
Poinsettia Ave, 5th Ave, to - i azef Ave., Poppy Ave, to PCH -
Poppy Ave., 5th Ave, to Hazel Ave.
The amount in value of the whole agreed to be done or furnished by claimant is $ 4X 500
The amount in value of that already done or furnished by claimant is $4 -�__
Claimant has been paid the sum of $_ —0— 1 and there remains due and unpaid the sum of $ 40 500
plus interest thereon at the rate of 15 per cent per annum from August l 5p
YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST.
Dated: 9Z 30/82
STATE DF CALIFO
S
COUNTY OF_ ss.
Name of Claimant
Carl T. West
101,h Stonehurst Ava__ CA 91352
Address of Claimant
, being duly sworn, deposes
and says: That _he is the person(s) who signed the foregoing Stop Notice; that _he has read the same and knows the contents thereof
to be true of h— own knowledge, except as to any matters or things that may therein be stated on h_ information and belief and
as to those matters and things —he believes them to be true.
Subscribed and sworn to before me
this day of r 19�.Z.
dL
Notary P blic and in and for said State G
7Tb standard form coven mort usual problems In the geld Indicated. Before you sign, read it, fill la all blade,
STOP NOTICE and make changes proper to your transaction. Consult alaw er J you doubt the fortes fibaess for your puryose.
WOLCOTTS FORM 694 —Rev. 2.73
Stop Aotice -
e 4
NOTICE TO City of Newport Beach
Name 7,
3300 Newport Blvd., Newport Beach, Ca. 92663
Address
(Public Body or Lender) v t,E�e�C•P�\F
(If Public Job — file with office of controller, auditor, or other public disbursing officer whose duty it is to make payme;Ki
under provisions of the contract.) , '
(If Private Job — file with responsible officer or person at office or branch of construction lender administering the
construction funds.)
Prime Contractor: Gabi Construction, 311 Latchwood, La Habra, Ca. 90631
Sub Contractor (If Any)
Owner or Public Body: City of Newport Beach, 3300 Newport Blvd., Newport Beach, Ca. 9 663
Improvement known as
(name and address of project or work oJimprovement)
Public Works—Waterline Replacement, 5th Street and Margarita
in the City of Newport Beach County of Orange
State of California.
CertainTeed Corporation claimant,a Corporation
(Claimant) lCorporationJPartnership /Sole Proprietorship)
furnished certain labor, service, equipment or materials used in the above described work of improvement.
The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service,
equipment or materials is Gabi Construction
(Name of Subrontractor)Contmetor/Owner- Builder)
The kind of labor, service, equipment or materials furnished or agreed to be furnished by claimant was
Asbestos - Cement Pipe and Allied Materials.
(Describe in detail)
Total value of labor, service, equipment or materials agreed to be furnished .......... $ `0-
Total value of labor, service, equipment or materials actually furnished is ........... $
Credit for materials returned, if any ......................... ... $ -0-
Amount paid on account, if any .. . . . . . . .. .. . . .. .. .... ... .. ... $ -0- —
Amount due after deducting all just credits and offsets .................... $ 22.925.27
YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project
to satisfy claimant's demand in the amount of $ 22,925•.27 , as provided In Sections 3156 thru 3214 of the
Civil Code, and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as
provided by law. i
A bond s not attached. (Bond required on private jobs — not on public jobs.)
(islis not)
Date October 18, 1982
Name of Claimant C tainTeed Co)poratigp
VA
Verification for Partnership or
Sole Ownership
STATE OF CALIFORNIA
COUNTY OF } SS.
(Claimant or Representative)
being first duly sworn deposes and says that—be is
Of
(Owner, Partner or Agent)
/Firm Name)
tamed as claimant in the foregoing claim; that he has
read said claim and knows the contents thereof, and that the
facts therein stated are We.
X
(Signature ofAJfant)
Subscribed and sworn to before me this
day os ,19_
(Signature of Notary Public)
Notary
Stamp
Original of above notice received this
BMDCA FORM 4 1REV. 8-74)
Regional Ckedit N
/Official Capacity)
Verification or Corporation
STATE OF CALIFORNIA
COUNTY OF t SS.
ide )
! S71
( ai'maor Representative)
being first duly sworn deposes and says that --L he Is
Assistant Regional Credit Manager
l'Of ciai Capacity)
of CertainTeed Corporation
JExaci Corporate Name)
the co
makes
has rm
facts V
X_
Subscribed
day of �
ion on beh
and knows
ajS true.
and that
Stamp !� _ - A
of
Y
0
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
(714) 640 -2251
DATE: June 16, 1982
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 2221
Description of Contract Water Main
lacement
Effective date of Contract June 10, 1982
Authorized by Resolution No. Min.Act., adopted on May 24, 1982
Contract with Gabi Construction Company, Inc.
Address 311 Latchwood Lane
La Habra, CA 90631
Amount of Contract $229,225.00
Wanda E. Andersen
City Clerk
WEA:1T
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
i
CITY CLERK
NOTICE INVITING BIDS
Sealed bids may be received at the office of the City Clerk,
3300 Newport Boulevard, Newport Beach, CA 92663 until 11:00 A.M.
on the 13th day of May 19 82,' at which time such
shall be opened and read or
2221
Contract No.
$350.000
Engineer's Estimate
• •
•
O
OF
Approved by the City Council
this 26th day of April . , 1982.
Wanda E. Andersen
City Clerk
Prospective bidders may obtain one set of bid documents at no cost
at the office of the Public Works Department, 3300 Newport Boulevard,
Newport Beach, CA 92663.
For further information, call Gilbert Wong at 640 -2281.
Project Engineer
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
ADDENDUM NO. 1
WATER MAIN REPLACEMENT PROGRAM
CONTRACT NO. 2221.
Bidders shall propose to complete Contract No. 2221 in accordance with the Proposal
as modified by this ADDENDUM:
SPECIAL PROVISIONS, SECTION VIII -B:
Delete the following SECTION VIII -B: CONSTRUCTION DETAILS:
"Water Valves and Air Release Valves
Water Valves and air release valves will be furnished by City. The
Contractor shall transport such valves to the jobsite from the
Utilities Yard at 949 West 16th Street."
The effect of this change is that the Contractor shall furnish as well as install
the valves. Payment will be made under the appropriate bid item for installation
of valves.
Please sign and date this ADDENDUM, and attach it to your bid Proposal. No bid
will be considered unless this ADDENDUM is attached.
Jk4
Benjamin B. Nolan
Public Works Director
ADDENDUM received by:
GABI.CONSTRUCTION COMPANY, INC.
Bidder
S /Bill Poppin, Jr., Pres.
Signature
13/82
• • PR la
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
WATER MAIN REPLACEMENT PROGRAM
1981 -82
CONTRACT NO. 2221
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92663 -3884
Gentlemen:
The undersigned declares that he has carefully examined the location of the work, has read
the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby pro-
poses to furnish all materials and do all the work required to complete this Contract 2221
in accordance with the Plans and Special Provisions, and will take in full payment therefor
the following unit price for the work, complete in place, to wit:
ITEM QUANTITY ITEM DESCRIPTION UNI L
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
1. 4,206 Construct 12 "- diameter water main
Linear Feet
@ Twenty -six Dollars
and
No Cents $ 26.00 $109,356.00
Per Linear Foot
1,823 Construct 8 "- diameter water main
Linear Feet
@ Twenty -three Dollars
and
No Cents $ 23.00 $ 41,929.00
Per Linear Foot
Lump Sum Abandon existing water main
@ Five hundred Dollars
and
No Cents
Per Lump Sum $ 500 0o
• PR lb
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
4. 5 Install 12" butterfly valve
Each
@ Six hundred Dollars
and
No Cents $ 600.00 $ 3,nnn_on
Per Each
5. 2 Install 10" butterfly valve
Each
@ Five hundred fifty Dollars
and
No Cents $ 5sn nn $ ].]Do nn
Per Each
6. 7 Install 8" butterfly valve
Each
@ Five hundred Dollars
and
No Cents $ 500.00 $_ 3.500.00
Per Each
7. 4 Install air release valve assembly
Each
@_ Seven hundred fifty Dollars
and
No Cents $_ 7sn_nn $ 3,nnn nn
Per Each
8. 162 Remove existing water main and re-
Linear Feet place with 8 "- diameter pipe
@ Fifty Dollars
and
No Cents $ 50.00 $ 8.100.00
Per Linear
9. 118 Remove existing water main and re-
Linear Feet place with 12 "- diameter pipe
@ Fifty -five Dollars
and
No Cents $_ 55.00 $ 6,490.00
Per Linear Foot
10. 4 Reconnect existing 12" and 2" ser-
Each vice
@ Two hundred fifty Dollars
and
No Cents $_250,00 $ 1-000-0
Per Each
• • PR lc
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
11. 45 Reconnect existing 1" service
Each
Two hundred
Dollars
and
No Cents
Per Each
$ 200.00 $ 9,000.00
12. Lump Sum Remove and replace existing A.C. bike
trail
@ Seven hundred fifty Dollars
and
No Cents $ 750.00
Per Lump Sum
13. 13 Remove and replace fire hydrant
Each system (includes 6" butterfly valve)
@ Three thousand Dollars
and
No Cents $3,000.00 $ 39,000.00
Per Each
14. Lump Sum Clearing and grubbing
@ Twenty five hundred Dollars
and
No Cents $ 2,500.00
Per Lump Sum
TOTAL PRICE WRITTEN IN WORDS:
Two hundred twenty -nine thousand two hundred twenty -five Dollars
and
No Cents $229,225.00
300839 -A- GABI CONSTRUCTION COMPANY, INC.
Contractor's Lic. No. & Classification Bidder
5/13/82
Date
(714) 525 -4393
Bidder's Telephone No.
S /Bill Poppin, Jr., Pres.
Authorized Signature/Title
311 Latchwood Lane La Habra CA 90631
Bidders Address
• • Page 2
INSTRUCTIONS TO BIDDERS
The following contract documents shall be completed, executed and received
by the City Clerk in accordance with NOTICE INVITING BIDS:
1. PROPOSAL
2. INSTRUCTIONS TO BIDDERS
3. DESIGNATION OF SUBCONTRACTOR(S)
4. BIDDER'S BOND (sum not less than 10% of total bid price)
5. NON- COLLUSION AFFIDAVIT
6. STATEMENT OF FINANCIAL RESPONSIBILITY
7. TECHNICAL ABILITY AND EXPERIENCE REFERENCES
except that cash, certified check or cashier's check (sum not less than 101 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 bid.
Bids shall not be received from bidders who are not licensed in accordance
with the provisions of Chapter 9, Division III of the Business and Professions'
Code. The low bidder shall also be required to possess a City of Newport Beach
business license prior to execution of contract.
Bids shall be submitted on the attached PROPOSAL form. The additional
copy of the PROPOSAL form may be retained by the bidder for his records.
The estimated quantities indicated in the PROPOSAL are approximate, and are
given solely to allow the comparison of bid totals.
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 dis-
crepancy 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 or omissions in the PROPOSAL.
Contract documents shall bear signatures and titles of persons authorized
to sign on behalf of the bidder. For corporations, the signatures shall be of
the President or Vice President. For partnerships, the signatures shall be of
a general partner. For sole ownership, the signature shall be of the owner.
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 con-
tract. A copy of said determination is available in the office of the City
Clerk. All parties to the contract shall be governed by all provisions of the
California Labor Code relating to prevailing wage rates (Sections 1770 -7981 in-
clusive). The Contractor shall be responsible for compliance with Section 1777.5
of the California Labor Code for all apprenticeable occupations.
300839 -A-
Contr's Lic. No. & Classification
5/13/82
Date
GABI CONSTRUCTION CO.. INC.
Bidder
S /Bill Poppin. Jr.. Pres.
Authorized Signature /Title
• 0 Page 3
DESIGNATION OF SUBCONTRACTOR(S
The undersigned certifies that he has used bid(s) of the following listed
subcontractor(s) in making up his bid,and that the subcontractor(s) listed
will be used for the work for which they bid, subject to the approval of the
Engineer and in accordance with the applicable provisions of the Specifications.
No change of subcontractor may be made except with the prior approval of the
Engineer and as provided by State law.
Item of Work Subcontractor Address
1. NONE
2.
3.
4.
5.
6.
7.
8.
9.
10.
12.
GABI CONSTRUCTION CO., INC.
Bidder
S /Bill Poppin, Jr., Pres.
Authorized Signature /Title
FOR ORIGINFOEE
CITY CLERK'S
FILE COPY
Page 4
•
BIDDER'S
BOND -
Bond No. AC003660 -43
KNOW ALL MEN BY THESE PRESENTS,
That we, GABI CONSTRUCTION COMPANY, INC. , as bidder,
and Allied Fidelity Insurance Company as Surety, are held
and firmly bound unto the City of Newport Beach, California, in the sum of
Ten percent (10 %) of the amount of attached bid, total bid not to exceed
three hundred thousand and no /100 Dollars ($ 10% ),
lawful money of the United States for the payment of which sum well and truly
to be made, we bind ourselves, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH,
That if the proposal of the above bounden bidder for the construction of
Water Main Replacement
Title of
ect
2221
Con
in the City of Newport Beach, is accepted by the City Council of said City, and
if the above bounden bidder shall duly enter into and execute a contract for
such construction and shall execute and deliver the "Payment" and "Faithful
Performance" contract bonds described in the Specifications within ten (10) days
(not including Saturday, Sunday, and Federal holidays) from the date of the
mailing of a notice to the above bounden bidder by and from said City that said
contract is ready for execution, then this obligation shall become null and
void; otherwise it is and shall remain in full force and effect, and the amount
specified herein shall be forfeited to the said City.
In the event that any bidder above named executed this bond as an indi-
vidual, it is agreed that the death of any such bidder shall not exonerate the
Surety from its obligations under this bond.
IN WITNESS WHEREOF, we hereunto set our hands and seals this 12th day
of May , 19 82
(Attach acknowledgement of
Attorney -in -Fact)
S /Patricia H. Johnston
Notary Public
GABI CONSTRUCTION COMPANY, INC.
Bidder
Authorize Signature /Title
Allied Fidelity Insurance Co.
Commission expires - Oct. 22, 1982 Surety
By S /R. G. Johnston
Title Attorney -in -fact
• • Page 5
NON- COLLUSION AFFIDAVIT
The bidder, by its officers and agents or representatives present at the time
of filing this bid, being duly sworn on their oaths, say that neither they nor
any of them have, in any way, directly or indirectly, entered into any arrange-
ment or agreement with any other bidder, or with any public officer of such
CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has
paid or is to pay to such bidder or public officer any sum of money, or has
given or is to give to such other bidder or public officer anything of value
whatever; or such affiant or affiants or either of them has not directly or
indirectly, entered into any arrangement or agreement with any other bidder or
bidders, which tends to or does lessen or destroy free competition in the
letting of the contract sought for by the attached bids; that no bid has been
accepted from any subcontractor or materialman through any bid depository, the
bylaws, rules or regulations of which prohibit or prevent the bidder from con-
sidering any bid from any subcontractor or materialman which is not processed
through said bid depository, or which prevent any subcontractor or materialman
from submitting bids to a bidder who does not use the facilities of or accept
bids from or through such bid depository; that no inducement of any form or
character other than that which appears upon the face of the bid will be sug-
gested, offered, paid or delivered to any person whomsoever to influence the
acceptance of the said bid or awarding of the contract; nor has the bidder
any agreement or understanding of any kind whatsoever with any person whomso-
ever to pay, deliver to, or share with any other person in any way or manner,
any of the proceeds of the contracts sought by this bid.
GABI CONSTRUCTION COMPANY, INC.
Bidder
S /Bill Poppin, Jr., Pres.
Authorized Signature /Title
Subscribed and sworn to before me
this 12th day of May
19
My commission expires:
October 22, 1982 S /Patricia H. Johnston
Notary Public
FOR ANAL SEE CITY CLERK'S FILE COP Page 6
STATEMENT OF FINANCIAL RESPONSIBILITY
The undersigned submits herewith a statement of his financial responsibility
or agrees to submit a statement within 1 work day after the bid opening if
the undersigned is the apparent low bidder.
ON FILE WITH CITY CLERK
GABI CONSTRUCTION CO., INC.
Bidder
S /Bill Poppin, Jr., Pres.
Authorized Signature /Title
' • Page 7
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
The undersigned submits herewith a statement of the work of similar character
to that proposed herein which he has performed and successfully completed.
Year
Completed
For
Whom Performed (Detail)
Person to Contact Telephone No
1982
City
of Beverly Hills
Bob Baumac
1982
City
of Norwalk
Burt Myers
1982
City
of Monterey Park
Charles Collet
1982
City
of San Marino
Carlos Alvarado
GABI CONSTRUCTION CO., INC.
Bidder
S /Bill Po�pin. Jr_ Pres_
Authorized Signature /Title
• Page 8
NOTICE
The following are samples of contract documents which shall be
completed and executed by the successful bidder after he receives a
letter of award from the City of Newport Beach:
PAYMENT BOND (pages 9 & 10)
FAITHFUL PERFORMANCE BOND (pages 11 & 12)
CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 13, 14, 15)
CONTRACT (pages 16 & 17)
Since 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 sub-
mission of bid.
BONDING COMPANIES shall be acceptable as sureties in
accordance with the latest revision of Federal Register Circular 570.
INSURANCE COMPANIES shall be assigned Policyholders' Rating B
(or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Ratin Guide:
Property - Casualty. Coverages shall be provided for a TYPES OF
INSURANCE checked on the CERTIFICATE OF INSURANCE.
All costs associated with the specifications of these contract
documents shall be absorbed in the bid. Such specifications shall
include those contained in (1) each contract document and (2) the
Standard Specifications for Public Works Construction.(latest edi-
tion adopted for use in the City of Newport Beach), except as
supplemented or modified by the Special Provisions for this project.
Executed in two coun its
W
No. _�_ of • Page 9
PAYMENT BOND BOND NO. AC003691
KNOW ALL MEN BY THESE PRESENTS, That
WHEREAS, the City Council of the City of Newport Beach, State of California, by
motion adopted May 24 1982
has awarded to GABI CONSTRUCTION COMPANY, INC.
hereinafter designated as the "Principal ", a contract for
Water Main Replacement Program C -2221
in the City of Newport Beach, in strict conformity with the Drawings and Specifications
and other contract documents on file in the office of the City Clerk of the City of
Newport Beach;
WHEREAS, said Principal has executed or is about to execute said contract and the
terms thereof require the furnishing of a bond with said contract, providing that if
said Principal or any of his or its subcontractors, shall fail to pay for any materials,
provisions, provender, or other supplies or teams used in, upon, for, or about the per-
formance 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 GABS CONSTRUCTION COMPANY
as Principal, and ALLIED FIDELITY INSURANCE CO.
as Surety, are held firmly bound unto the City of Newport Beach, in the sum of
ONE HUNDRED FOURTEEN THOUSAND SIX HUNDRED TWELVE AND 50 /iftllars ($114,612.50 .......
said sum being one -half 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 presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or
his subcontractors, fail to pay for any materials, provisions, provender, or other
supplies or teams, 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, that the
Surety or Sureties will pay for the same, in an amount not exceeding the sum specified
in the bond, and also, in case suit is brought upon the 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.
This 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
0
1
0
Page 10
Payment Bond (Continued)
this bond, as required by the Provisions of Sections 3247 et. seq. of the Civil Code of
the State of California.
And said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the contract or to the
work to be performed thereunder or the specifications accompanying the same shall in
any wise affect its obligations on this bond, and it does hereby waive notice of any
such change, extension of time, alterations or additions to the terms of the contract
or to the work or to the specifications,
In the event that any principal above named executed this bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from
its obligations under this bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named, on the 3rd day of JUNE , 19 e2
Approved as to form:
0.
� K
City Attorney
GABI CONSTj?,UCjIbk COMPANY, INC. (Seal)
Name MIrajor Principal
BY: h2 �-5-
B�EI� PkPP Jr1 PRESIDENT
AuZorit(ed SiVnatare_6nd Title
POPPIN, i// SECRETARY
ignature and Title
ALLIED FIDELITY INSURANCE CO.
1100 E.
ress
ignatur HNfan itle
RR. GJO eWY
C
213/ 330 -2239
Telephone No. of Agent
91745
0
k
G/7
-§: /§
/�§
R}/
}j (;]
; az
0 0
ĤJA[m!
� -•,
2 § ef eb
{/$?k;
■ §'E\):
0
/ƒ;
\ \�
q >�
4<�
R :s
\3:
'm 0
i
!
?
7
\
k
\\
zw
\0
-
[\
\�
(�
ALLIED FIDELITY INSURANCOCO. A c N_ 003691
6320 North Rucker Road • Indianapolis, Indiana 46220
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That this Power -of- Attorney is not valid unless attached to the bond which it
authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY,
HEREIN.
THE AUTHORITY OF THE ATTORNEY -IN -FACT and THE LIABILITY OF THE COMPANY
SHALL NOT EXCEED FOUR HUNDRED THOUSAND AND N01100 DOLLARS ............ 00....
USE OF MORE THAN ONE POWER VOIDS THE BOND
ALLIED FIDELITY INSURANCE CO., an Indiana corporation, having its rincipal office in the City of Indianapolis. State
of Indiana, does hereby make, constitute and appoint: R.G . .TDIIN o'r �N O11 PATRICIA H .T f9HNS O
in the City of _ HACIENDA HEIGHTS__ ,County of - - -7AS ANGELES ,State of
_ _._. CALIFORNIA
its true and lawful attorney -in -tact. at — HACIENDA HEIGHTS .,. , in the State of ..- CALIFORNIA
to make, execute, seal and deliver for and on its behalf, and as its act and deed, bonds, and undertakings in behalf of court
fiduciaries, who under the jurisdiction of a court, administer property held in trust; public official bonds: license and permit
bonds; tax, lien, and miscellaneous bonds; required by Federal. State, County, Municipal Authoritv, or other obligees. provided
that the liability of the company as surety on any such bond executed under this authori(v shall not in any event exceed the sum
shown above.
THIS POWER VOID IF ALTERED OR ERASED
This power not valid unless used before December 31, 1985
The acknowledgment and execution of any such document by the said Attornev- 1n,Fact shall be as binding upon the Com-
pany as if such bond had been executed and acknowledged by the regularly elected officers of this Company.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Rv -Law
adopted by the Board of Directors of Allied Fidelity Insurance Co. at a meeting duly called and held on the 5th day of September.
1969.
"Article V. Section 12, The Pre: ident shall have power and authority to appoint, or delegate to of her Corporate Officers, the
appointment of Attorneylsl in Fact, and authorize them to execute on behalf of the Company as Surety. bonds and
undertakings, recognizances, contracts of indemnity, and other writings obligatory in the nature thereof; and he may at an_v
time in his judgment remove any such appointeels) and revoke the authority given to them; and with respect to any Certified
Copy of any Power of Attorney, the signatures of any issuing or attesting officer, and the seal of the Company, may be affix-
ed to such Power of Attorney or to any certificate relating thereto. by facsimile: and such facsimile signatures and facsimile
seats shall he Valid and binding on the Company, in the future, with respect to any bond, undertaking or instrument of
suretyship. to which it is attached.'
IN WITNESS WHEREOF. Allied Fidelity Insurance Co. has caused its official seal to be hereunto affixed and these presents
to be .signed by its duly authorized officers this 25th day of November, 1980.
ALLIED FIDELITY INSURANCE: CO.
fly n W
Secretary President
THIS POWER DOES NOT AUTHORIZE
THE EXECUTION OF BONDS FOR LOAN GUARANTEES
STATE OF INDIANA SS-
COLINTY OF MARION
On this 25th day of November, 1980, before me a Notary Public, personally appeared H.O. CROQUART and T. L. EADS. who
being by me duly sworn, acknowledged that they signed the above Power of Attorney as President and Secretary of the said
ALLIED FIDELITY INSURANCE CO. and acknowledged said instrument to be the voluntary act and deed of said Corporation.
a
`L
n
'o
a
r
0
A
n
a
m
A
;n
trl
A
F7
z
n
m
n
H
n
lz
rn
�H
n
Iy
H
O
z
n
0
I�
�K
H
,z
n
Notary Public. Marion County, Indiana / //nn//// ata`,,,•
My Commission Expires: March 9, 1983..... W •��`!! _. _. ".... I� ��
��
Notary Public ��� ♦e
1. ONLY ONE POWER OF ATTORNEY MAY BE ATTACHED TO A BOND, 1 5 ;�, .
2. POWER OF ATTORNEY MUST NOT BE RETURNFI) TO ATTORNEY IN FACT, BUT SHOULD REMAIN A PERMA-
NF,NT PART OF THE OBLIGEF,'S RECORDS. ���U��
3. THIS POWER DOES NOT AUTHORITF, EXECUTION OF BONDS OF NE F.XEAT OR ANY GUARANTEE; FOR
FAILURE TO PROVIDE: PAYMENTS OF ALIMONY SUPPORT OR WAGE LAW CLAIMS. OR BONDS FOR
CRIMINAL APPEARANCE.
Executed in two count arts • Page 11
No. / of
FAITHFUL PERFORMANCE BOND BOND NO. AC003691
KNOW ALL MEN BY THESE PRESENTS, That
WHEREAS, the City Council of the City of Newport Beach, State of California, by
motion adopted May 24, 1982
has awarded to GABI CONSTRUCTION COMPANY, INC.
hereinafter designated as the "Principal ", a contract for
Water Main Replacement Program C -2221
in the City of Newport Beach, in strict conformity with the Drawings and Specifications
and other contract documents on file in the office of the City Clerk of the City of
Newport Beach;
WHEREAS, said Principal has executed or is about to execute said contract and the
terms thereof require the furnishing of a bond for the faithful performance of said
contract;
NOW, THEREFORE, We,
GABI CONSTRUCTION COMPANY, INC.
as Principal, and AT.T.TRD FTDELTTY INSURANCE CO.
as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of
TWO HUNDRED TWENTY NINE THOUSAND TWO HUNDRED TWENTY -FIVE Dollars ($ 229,225.00
said sum being equal to 100% of the estimated amount of the contract, to be paid to
the said City or its certain attorney, 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 presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal,
his or its heirs, executors, administrators, successors, or assigns, shall in all
things stand to and abide by, and well and truly keep and perform the covenants, con-
ditions, and agreements in the said contract and any alteration thereof made as therein
provided on his or their part, to be kept and performed at the time and in the manner
therein specified, and in all respects according to their true intent and meaning, and
shall indemnify and save harmless the City of Newport Beach, its officers and agents,
as therein stipulated, then this obligation shall become null and void; otherwise it
shall remain in full force and virtue.
And said 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 to the specifications accompanying the same shall
in any wise affect its obligations on this bond, and it does hereby waive notice
9 • Page 12
Faithful Performance Bond (Continued)
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 Principal and
Surety above named, on the 3rd day of JUNE , 19 82
Approved as to form:
City Attorney
GAB
ALLIED FIDELITY INSURANCE CO.
Calif. Office: 1100 E.
Anaheim, Ca. 92801
1 1
't95
Signatur 1 le qif A orized Agent
R. G. JO A TO Y- IN -FAC
R. JOHNSTO Y BOND / NSURANCE SERVICE
P. O. BOX 5625 HACIENDA HEIGRrs, CA. 91745
ddress of Agent
213/ 330 -2239
Telephone No. of Agent
k
o
Z;
Im m
:ay,
o\\/
.�k }
!EE$ >0
ƒ]JA[«§
\[2ƒn §E
tz :r 0:
/2 7
/ -.
s
!9 mC:
ƒ eo eo l
0oc
�e�nE�
/-;9�:
0'
a
m7§§:
; 7 CL \:
.0\ ».:
\$¢CL W'!
te
).a-'
o_B•0:
§82x7
cr
�� ®• } }:
eb
?
I
)
§
\
]
]
\\
z�
\�
\§
�
§�
ALLIED FT ELITY INSURANC #CO.
6320 North er Road • Indianapolis, Indiana 462
POWER OF ATTORNEY
A C N_ 003691
KNOW ALL MEN BY THESE PRESENTS: That this Power -of- Attorney is not valid unless attached to the bond which it
authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY,
HEREIN.
THE AUTHORITY OF-THE ATTORNEY -IN -FACT and THE LIABILITY OF THE COMPANY
SHALL NOT EXCEED FOUR HUNDRED THOUSAND AND NO /100 DOLLARS .......................
USE OF MORE THAN ONE POWER VOIDS THE BOND
ALLIED FIDELITY INSURANCE CO., an Indiana corporation, having its erincipaI office in the Citv of Indianapolis. State
of Indiana. does hereby make, constitute and appoint: il.ii . .T�HN."T1'ON OIi PATRICIA H. JOHNSTON
in the Citv of HACIENDA HEIGHTS , Countv of_ LOS .ANGELES _ ,State of — CALIFORNIA
its true and lawful attorney -in -fact, at HACIENDA HEIGHTS _ _ - , in the State of . CALIFORNIA
to make. execute, seal and deliver for and on its behalf, and as its act and deed, bonds, and undertakings in behalf of court
fiduciaries, who under the jurisdiction of a court, administer property held in trust: public official bonds: license and permit
bonds: tax, lien, and miscellaneous bonds; required by Federal, State, County, Municipal Authority. or ether obligees. provided
that the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum
shown above.
THIS POWER VOID IF ALTERED OR ERASED
This power not valid unless used before December 31, 1985
The acknowledgment and execution of any such document by the said Attorney -In -Fact shall be as binding upon the Com-
pany as if such bond had been executed and acknowledged by the regularly elected officers of this Company.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following By -I.aw
adopted by the Board of Directors of Allied Fidelity Insurance Co. at a meeting duly called and held on the 5th day o(September,
1969.
".Article V, Section 12, The President shall have power and authority to appoint. or dolegate to other Corporate Otficers. the
appointment of Attornevlsl -in -Fact, and authorize them to execute, on behalf of the Company as Surety. bonds and
undertakings. recognizances, contracts of indemnity, and other writings obligatory in the nature thereof: and he may at any
time in his judgment remove any such appointeels] and revoke the authority given to them: and with respect to any Certified
Copy of any Power of Attorney, the signatures of any issuing or attesting officer, and the seal of the Company, may be affix-
ed to such Power of At term, v or to any certificate relating thereto, by facsimiles and such facsimile signatures and facsimile
seals shall be valid and binding on the Company. in the ful.ure, with respect to any bond, undertaking or in.strumenl of
suretyship, to which it is attached."
IN WITNESS WHEREOF, Allied Fidelity Insurance Co. has caused its official seal to be hereunto affixed and these presenU
to be signed by its duly authorized officers this 25th day of November, 1980.
ALLIED FIDELITY INSURANCE CO.
. Secretary BY President
° THIS POWER DOES NOT AUTHORIZE
THE EXECUTION OF BONDS FOR LOAN GUARANTEES
STATE OF INDIANA SS
COUNTY OF MARION
On this 25th day of November, 1980, before me a Notary Public, personally appeared H.O. CROQUART and T. L. FADS, who
being by me duly sworn, acknowledged that they signed the above Power of Attorney as President and Secretary of the said
ALLIED FIDELITY INSURANCE CO. and acknowledged said instrument to be the voluntary act and deed of said Corporation.
'v
x
`z
z
r-
0
A
n
n
m
z
m
'rt
m
b
m
Z
f7
M
!H V
:O 3
z ,
H .
I�
'.n
I
H
�z
in
10
Iq I
iz
K
I
n
I'
" Notary Public. Merlon County, Indiana
My Commission Expires: March 9, 19$3 � �
Notary Public ��� rg
1. ONLY ONE POWER OF ATTORNEY MAY BE ATTACHED TO A BONI). S ;�� .
2. POWER OF ATTORNEY MUST NOT BE RETURNED TO ATTORNEY IN FACT, BUT SHOULD REMAIN A PERMA.
NENT PART OF THE OBLIGEES RECORDS. �hu��
3. THIS POWER DOES NOT AUTHORIZE EXECUTION OF BONDS OF NE EXEAT OR ANY GUARANTEE, FOR
FAILURE TO PROVIDE PAYMENTS OF ALIMONY SUPPORT OR WAGE, LAW CLAIMS, OR BONDS FOR
CRIMINAL APPEARANCE.
... 1. . . c --' — `- -
' • CERTIFICATE OF INSURANCE •
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 42663
NAME AND ADDRESS OF INSURED
GABI CONSTRUCTION
INSURANCE COMPANIES AFFORI
Company A MISSION
Letter
Company B
Letter MISSION NATIONAL
C FAIRMONT
Uompdny D
311 LATCHWOOD LANE Letter
Company E
IA HABRA. CA_ 90631 Letter
Page 13
This is to certify that policies of insurance listed below have been issued to the insured named
above and are in force at this time, including attached endorsement(s).
NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed
with the attached City of Newport Beach Endorsements.
CANCELLATION: Should any of the above described policies be cancelled or coverage reduced
before the expiration date thereof,the.Insurance Company affording coverage
shall provide 30 days' advance notice to the City of Newport Beach by
registered mail, attention: Public Works Department.
ve _ 0 -1 -OL
Date Issued
Description of operations /locations /vehicles: All operations performed for the City of Newport
Beach by or on behalf of the named insured in connection with the following designated contract:
(DATER MAIN R
#2221
tle and Contrac
NOTICE: This certificate or verification of insurance is not an insurance policy and does not
amend, extend or alter the coverage afforded by the policies listed herein. Notwith-
standing any requirement, term, or condition of any contract or other document with
respect to which, this certificate or verification 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, including attached endorsements.
Policy
LIMITS OF LIABILITY IN THOUSANDS 000
COMPANY
TYPES OF INSURANCE
Policy
Exp.
. ro ucts/
LETTER
COVERAGE REQUIRED
No.
Date
Each Completed
JA9
Occurrence Operations
GENERAL LIABILITY
Bodily Injury
$
$
x Comprehensive Form
A
x Premises - Operations
MLA-
Property Damage
$
$
x Explosion & Collapse Hazard
0405813
9 -19 -82
x Underground Hazard
x Products /Completed Operations
Bodily Injury
Hazard
and Property
x Contractual Insurance
Damage Combined
$
$
x Broad Form Property Damage
500,
500,
x Independent Contractors
x Personal Injury
Marine
Personal Injury
$500,
Aviation
AUTOMOTIVE LIABILITY
❑x Comprehensive Form
Bodily Injury
$
(Each Person
Owned
MLA-
$
o i y Injury
A
Ox Hired
405873
9 -19 -82
(Each Occurrence
pro ert Dama e
o i y njury and
❑Non -owned
Property Damage
Combined
$ 500,
EXCESS LIABILITY
B
❑x Umbrella Form
MN-
Bodily Injury
❑ Other than Umbrella Form
02062
9 -19 -82
and Property
Damage Combined
$1,000,
$
1,000,
WORKERS' COMPENSATION
Statutory
C
EMPLOYER'S LIABILITY
3380
6 -23 -83
2,000,
Accident)
NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed
with the attached City of Newport Beach Endorsements.
CANCELLATION: Should any of the above described policies be cancelled or coverage reduced
before the expiration date thereof,the.Insurance Company affording coverage
shall provide 30 days' advance notice to the City of Newport Beach by
registered mail, attention: Public Works Department.
ve _ 0 -1 -OL
Date Issued
Description of operations /locations /vehicles: All operations performed for the City of Newport
Beach by or on behalf of the named insured in connection with the following designated contract:
(DATER MAIN R
#2221
tle and Contrac
NOTICE: This certificate or verification of insurance is not an insurance policy and does not
amend, extend or alter the coverage afforded by the policies listed herein. Notwith-
standing any requirement, term, or condition of any contract or other document with
respect to which, this certificate or verification 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, including attached endorsements.
it is agreed that:
0
CITY OF NEWPORT BEACH
1.J
AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT
Page 14
With respect to such insurance as is afforded by the policy for Bodily Injury and
Property Damage Liability, the City of Newport Beach, its officers and employees are
additional insureds but only with respect to liability for damages arising out of
the ownership, maintenance or use of automobiles (or autos) used by or on behalf of
the named insured in connection with the contract designated below. The insurance
extended by this endorsement to said additional insured does not apply to bodily
injury or property damage arising out of automobiles (1) owned by or registered in
the name of an additional insured, or (2) leased or rented by an additional insured,
or (3) operated by an additional insured. The insurance afforded the additional
named insured(s) shall apply as primary insurance and no other insurance maintained
by the City of Newport Beach will be called upon to contribute with insurance
provided by this policy.
2. The policy includes the following provision:
"The insurance afforded by the policy applies separately to each insured
who is seeking coverage or against whom a claim is made or suit is brought,
except with respect to the limits of the Insurance Company's liability."
3. The limits of liability under this endorsement for the additional insureds named in
paragraph 1 of this endorsement shall be the limits indicated below for either Multi-
ple Limits or Single Limit, whichever is indicated by the letter X in the appropriate
box.
( ) Multiple Limits
Bodily Injury Liability $ _ _ each occurrence
Property Damage Liability $ each occurrence
( X) Single Limit
Bodily Injury Liability $ 500,000 each occurrence
and
Property Damage Liability
Combined
The limits of liability as stated in paragraph 3 of this endorsement shall not in-
crease the total liability of the Insurance Company for all damages as the result of
any one accident or occurrence in excess of the limits of Liability stated in the
policy as applicable to Automobile Liability Insurance:
4. Should the policy be cancelled or coverage reduced before the expiration date thereof,
the Insurance Company shall provide 30 days' advance notice to the City of Newport
Beach by registered mail, Attention: Public Works Department.
5. Designated Contract: _ R()�RAAd #22y2I_,_
Project Tit andvontract No.).
This endorsement is effective A-1-99 at 12:01 A.M. and forms a part of
Policy No. 641An4o5&73
Named Insured GABI CONSTRUCTION Endorsement No. 23
Name of Insurance Company MISSION gy � ,
Au horized Repre entative
CITY OF NEWPORT BEACH
0
COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT
Page 15
It is agreed that:
1. With respect to such insurance as is afforded by the policy for Comprehensive General
Liability, the City of Newport Beach, its officers and employees are additional in-
sureds but only with respect to liability arising out of operations performed by or on
behalf the named insured in connection with the contract designated below or acts
and omissions of the City of Newport Beach in connection with its general supervision
of such operations. The insurance afforded said additional insured shall apply as
primary insurance and no other insurance maintained by the City of Newport Beach will
be called upon to contribute with insurance provided by this policy.
2. The policy includes the following provision:
"The insurance afforded by the policy applies separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
Insurance Company's liability."
3. The insurance afforded by the policy for Contractual Liability Insurance (subject to
the terms, conditions and exclusions applicable to such insurance) includes liability
assumed by the named insured under the indemnification or hold harmless provision con-
tained in the written contract, designated below, between the named insured and the
City of Newport Beach.
4. With respect to such insurance as is afforded by this policy, the exclusions, if any,
pertaining to the explosion hazard, collapse hazard and underground property hazard
(commonly referred to as "XCU "hazards) are deleted.
5. The limits of liability under this endorsement for the additional insured named in
paragraph I of this endorsement shall be the limits indicated below for either Multiple
Limits or Single Limit, whichever is indicated by the letter X in the appropriate box.
( ) Multiple Limits
Bodily Injury Liability
Property Damage Liability
(XA Single Limit
$ __ each occurrence
each occurrence
Bodily Injury Liability $ 500,000 each occurrence
and
Property Damage Liability
Combined
The applicable limit of the Insurance Company's liability for the insurance afforded
for coritractual liability shall be reduced by any amount paid as damages under this
endorsement in behalf of the additional insureds.
The limits of liability as stated in this endorsement shall not increase the total
liability of the Insurance Company for all damages as the result of any one occurrence
in excess of the limits of liability stated in the policy as applicable to Comprehen-
sive General Liability Insurance.
6. Should the policy be cancelled or coverage reduced before the expiration date thereof,
the Insurance Company shall provide 30 days' advance notice to the City of Newport
Beach by registered mail, Attention: Public Works Department
7. Designated Contract: HATER MAIN REPLACEMENT PROGRAM 02221
-- (Project Title and Contract No.
This endorsement is effective G -1 -62 at 12:01 A.M. and forms a part of
Policy No. MLA0405 873
Named Insured GABI CONSTRUCTION Endorsement No. 24
Name of Insurance Company MISSION By
Authorized Representative
• . Page 16
CONTRACT
THIS AGREEMENT, entered into this /uk day of
by and between the CITY OF NEWPORT BEACH, hereinafter "C' and
G an; Cnnctruction Co., Inc. hereinafter "Co ractor, "is made with
reference to the following facts..
(a) City has heretofore advertised for bids for the following
described public work:
Water Main Replacement Program C -2221
Title of Project Contract No.
(b) Contractor has been determined by City to be the lowest responsi-
ble bidder on said public work, and Contractor's bid, and the compensation set
forth in this contract, is based upon a careful examination of all plans and
specifications by Contractor,
NOW, THEREFORE, the parties hereto agree as follows:
1. Contractor shall furnish all materials and perform all of the work
for the construction of the following described public work:
Water Main Re lacent Program C -2221
Tit] of me Project Contract No.
which project is more fully described in the contract documents. Contractor
shall perform and complete this work in a good and workmanlike manner, and in
accordance with all of the contract documents.
2. As full compensation for the performance and completion of this
work as prescribed above, City shall pay to Contractor the sum of Two hundred
u and two hundred twenty-five dollars & no cents ($229,225.00 ).
Tmpensation inc
his coludes 1 any loss or damage arising from the nature of the
work; (2) any loss or damage arising from any unforeseen difficulties or obstruc-
tions 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.
3. All of the respective rights and obligations of City and Contractor
are set forth in the contract documents. The contract documents are incorporated
herein by reference as though set out in full avid include the following:
(a) Notice Inviting Bids .
(b) Instruction to Bidders and documents referenced therein
(c) Payment Bond
(d) Faithful Performance Bond
(e) Certificate of Insurance and endorsement(s)
• • Page 17
(f) Plans and Special Provisions for Water Main Replacement
e of Project Contract No.
(g) This Contract.
4. Contractor shall assume the defense of, and indemnify and hold
harmless, City and its officers, employees and representatives from all claims,
loss or damage, except such loss or damage proximiately caused by the sole
negligence of City or its officers, employees and representatives.
IN WITNESS WHEREOF, the parties hereto have caused this contract to
be executed the day and year first above written.
CITY OF NEWPORT BEACH
ByG¢ —
Mayor
ATTEST:
'Q.
City Clerk
APPROVED AS TO FORM:
Max GABI CONSTRUCTION COMPANY, INC.
City Attorney Contractor
ZA
Its
By
Its
[Intl
CONTRACTOR
0
SECTION
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
WATER MAIN REPLACEMENT PROGRAM
CONTRACT NO. 2221
INDEX
TO
SPECIAL PROVISIONS
1.
SCOPE OF WORK . . . . . . . . . . . . . . 1
II.
COMPLETION, SCHEDULE AND
PROSECUTION OF WORK. . . . . . . . . . . 1
III.
PAYMENT . . . . . . . . . . . . . . . . . 2
IV.
TRAFFIC CONTROL ACCESS AND
NOTICES TO RESIDENTS . . . . . . . . . . 2
A. Traffic Control . . . . . . . . . . 2
B. Access . . . . . . . . . . . 3
C. Notices to Residents . . . . . . . . 3
V.
WATER SERVICE . . . . . . . . . . . . . . 3
VI.
WATER, TRENCH PLATING, AND
TEMPORARY BYPASS WATER SYSTEM. . . . . . 4
VII.
CONSTRUCTION SURVEY. . . . . . . . . . . 4
VIII.
CONSTRUCTION DETAILS . . . . . . . . . . 4
A. Materials . . . . . . . . . 4
B. Water Valves and Air
Release Valves. . . . . . . . . . . 5
C. Water Main Abandonment. . . . . . . 5
•
I. SCOPE OF WORK
• SP 1 of 5
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
FOR
WATER MAIN REPLACEMENT PROGRAM
I
CONTRACT NO. 2221
The work to be done under this contract consists of constructing in place
approximately 6,000 linear feet of 12- inch - diameter and 8- inch - diameter water
mains, fire hydrant assembly, air release valves, water valves, water services,
and other incidental items of work as shown on the plans.
The contract requires the completion of all the work in accordance with these
Special Provisions, the Plans (Drawing No. W- 5152 -S), the City's Standard
Special Provisions and Standard Drawings for Public Works Construction, 1980
Edition, and the Standard Specifications for Public Works Construction , 1979
Edition, including supplements to date. Copies of the Standard Specifications
may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles,
California 90034, telephone (213) 870 -9871. A copy of the Standard Special
Provisions and Standard Drawings may be purchased at the Engineer's office for
$5.
II. COMPLETION, SCHEDULE AND PROSECUTION OF WORK
All work under this contract shall be completed by August 31, 1982, or within
seventy -five (75) consecutive calendar days after the start of work, whichever
comes first. A complete schedule showing the Contractor's proposed plan of
construction and traffic control (see Section IV) shall be submitted in writing
for the Engineer's approval two (2) working days prior to the pre -job meeting.
If during the construction period, modifications of plan or schedule are re-
quired, each modification shall be approved by the Engineer prior to altering
the previously approved schedule.
The Contractor's schedule shall consider the phasing of water main construction,
testing, disinfection, and connection to the existing system. The Contractor
shall use the following guidelines in establishing this schedule:
1. No connections to existing water mains will be permitted until the
new main has satisfactorily passed the hydrostatic test and has
been disinfected.
2. Hydrostatic pressure testing will be permitted against new valves.
Any temporary bulkheads for thrust resistance will be the responsi-
bility of the Contractor.
• • SP2of5
3. Cutting -in of new water mains shall be done at times resulting in the
least disruption to water service. Shutdowns of up to four hours
during the day will be permitted and will not require bypass. Opera-
tions requiring a long shutdown period will require a temporary by-
pass.
The Contractor shall notify the City's Utilities Superintendent, Mr. Gil Gomez,
(714) 640 -2221, at least 48 hours in advance of the need to shut down or con-
nect to any existing water mains. No shutdown will be allowed on Fridays,
Saturdays, Sundays, or holidays.
It will be the Contractor's responsibility to ensure the availability of all
materials prior to the start of work. Unavailability of materials will not be
sufficient reason to grant the Contractor an extension of time.
The intent of this section is to emphasize to the Contractor the importance of
prosecuting the construction in an orderly, pre - planned, continuous fashion so
as to minimize inconvenience to residents.
III. PAYMENT
The unit or lump sum price bid for each item of work shown on the proposal
shall be considered as full compensation for all labor, equipment, materials,
and all other things necessary to complete the work in place, and no additional
allowance will made therefor.
Payment for incidental items of work not separately provided for in the pro-
posal shall be included in the unit or lump sum price bid for each item of
work.
The cost of maintaining water service to residents and businesses during con-
struction shall be included in the unit price bid for installing the water main.
IV. TRAFFIC CONTROL,ACCESS AND NOTICES TO RESIDENTS
The Contractor shall provide traffic control and access in accordance with Sec-
tion 7 -10 of the Standard Specifications except as modified herein, and with
the standards contained in the Work Area Traffic Control Handbook (WATCH), also
published by Building News, Inc.
The Contractor is advised that Marguerite Avenue between Fifth Avenue and
Pacific Coast Highway carries approximately 8,000 vehicles per day through the
project area.
A. Traffic Control
The Contractor shall submit a written traffic control plan to the Engineer
for approval a minimum of two (2) working days prior to the pre- construc-
tion meeting.
The plan shall incorporate the following:
The location and wording of all signs, barricades, delineators, lights,
warning devices, temporary parking restrictions, and any other details
required to assure that all traffic will be handled in a safe and
efficient manner with a minimum of inconvenience to the motorist.
• • SP 3of5
2. A complete and separate plan for each stage of construction proposed
by the Contractor showing all items listed under 1 above.
3. Traffic obstructions shall not be permitted on Marguerite Avenue
between Second Avenue and Pacific Coast Highway before 9:00 A.M. and
after 3:00 P.M. In addition, trenches alon g Marguerite Avenue shall
be securely plated at the end of each work day.
4. Work causing traffic obstruction on Poinsettia Avenue and Poppy
Avenue shall not be permitted concurrently.
Where any restrictions herein mentioned necessitate temporary prohibition
of parking during construction, the Contractor shall furnish, install, and
maintain in place "NO PARKING" signs (even if streets have posted "NO
PARKING" signs) which he shall post at least 40 hours in advance of the
need for enforcement. In addition, it shall be the Contractor's responsi-
bility to notify the City's Police Department, Traffic Division, at (714)
644 -3742, for verification of posting at least 40 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 number R -38 on the Caltrans' Uniform Sign Chart.
The Contractor shall print the hours, day and date of closure in 2 -inch-
high letters and numbers. A sample of the completed sign shall be approved
by the Engineer prior to posting.
B. Access
Vehicular and pedestrian access shall be maintained at all times to busi-
nesses and residences adjacent to the project area; however, where condi-
tions preclude such access for reasonable periods of time (as determined
by the Engineer), access shall be restored at the end of each work day.
C. Notices to Residents
Between 48 and 55 hours before closing a section of street or alley or re-
stricting vehicular access to garages or parking spaces, the Contractor
shall distribute to each affected address a written notice stating when
construction operations will start and approximately when vehicular access-
ibility will be restored. Twenty -four (24) hours before shutting off water
service to any residence, the Contractor shall distribute a separate
written notice stating the date and time the water will be shut off and
approximate time the water will be turned back on. The written notices
will be prepared by the Engineer. The Contractor shall insert the appli-
cable dates at the time he distributes the notice. Errors in distribu-
tion, false starts, acts of God, strikes or other alterations of the
schedule will require Contractor renotification using an explanatory
letter furnished by the Engineer.
V. WATER SERVICE
Water service shall be maintained at all times to residences and businesses,
except as permitted in Section II. The Contractor's methods of providing such
continuous service shall be approved by the Engineer prior to construction.
• SP4of5
VI. WATER, TRENCH PLATING, AND TEMPORARY BYPASS WATER SYSTEM
The Contractor may obtain, at no cost, City water, trench plating, and temporary
bypass water system for use on this project. The Contractor shall make arrange-
ments to obtain such items from Mr. Gil Gomez, Utilities Superintendent, at
(714) 640 -2221. The Contractor shall be responsible for transport to and from
the jobsite and for application at the jobsite.
VII. CONSTRUCTION SURVEY
Field survey for the control of construction shall be provided at no cost by
City.
VIII. CONSTRUCTION DETAILS
A. Materials
The Contractor shall select either ductile iron or asbestos cement pipe
materials and shall use the selected material exclusively for each item of
work, except that water main construction in Fifth Avenue between Iris
Avenue (Sta. 6 +00) and Jasmine Avenue (Sta. 9 +00) shall be Class 53 ductile
iron pipe only.
1. Ductile Iron Pipe (D.I.P.)
a. Pipe and Fittings
Water pipe and fittings shall be ductile Iron Class 50 except
where specified otherwise herein. Pipe joints shall be rubber
gasket push -on joint such as Tyton Joints manufactured by United
States Pipe and Foundry Company.
b. Encasement
Ductile iron pipe shall be encased in minimum 8 -mil, polyethylene.
c. D.I.P. Installation
D.I.P. laying shall be performed in accordance with the recom-
mendations of the manufacturer and as described in the most recent
publication of AWWA C600 Installation Guide. Care shall be used
to prevent damage in handling, moving, and placing the pipe. It
shall not be dropped, dragged, nor handled in such a manner as to
cause scratches, bruises, cracks, or chips.
2. Asbestos Cement Pressure Pipe (A.C.P.)
a. Pipe and Fittings
Water pipe and fittings shall conform to Section 207 -7 of the
Standard Specifications.
b. A.C.P. Installation
A.C.P. laying shall be performed in accordance with the recom-
mendations of the manufacturer as described in the most recent
SP5of5
publication of "Installation Guide, Transite Ring -Tite Pressure
Pipe" published by Johns - Manville Corporation. Care shall be
used to prevent damage in handling, moving, and placing the
pipe. It shall not be dropped, dragged, nor handled in such
a manner as to cause scratches, bruises, cracks, or chips.
B. Water Valves and Air Release Valves
Water valves and air release valves will be furnished by City. The Con-
tractor shall transport such valves to the jobsite from the Utilities Yard
at 949 West 16th Street.
C. Water Main Abandonment
Water main abandonment shall include the following:
1. Removal and disposal of existing water valve frames and covers with
P.C.C. box or metal riser.
2. Removal of existing air release valve manhole frames and covers and
existing air release valves. Once the air release valve has been re-
moved, the Contractor shall seal and secure the existing water main.
All air release valves and manhole frames and covers shall be salvaged
and delivered to the City's Utility Yard, located at 949 West 16th
Street.
3. Abandoned pipe openings shall be plugged with ,4 inches minimum
Class E mortar.
TO: CITY COUNCIL
FROM: Public Works Department
SUBJECT: WATER MAIN REPLACEMENT PROGRAM (C -2221)
RECOMMENDATION:
May 24, 1982
CITY COUNCIL AGENDA
ITEM NO. t-
�r,
Award Contract No. 2221 to Gabi Construction Co., Inc., for $229,225,
and authorize the Mayor and the City Clerk to execute the contract.
DISCUSSION:
Eighteen (18) bids were received and opened in the office of the City
Clerk at 11:00 A.M. on May 13, 1982:
*Corrected bid total is $266,245.50.
The low bid is 36 °% below the revised Engineer's estimate of $360,000.
The disparity between estimated and bid amounts is attributed to an intense
competition among pipeline contractors caused by scarcity of such work.
This project provides for the replacement of approximately 4,600
lineal feet of water main in Corona del Mar and the installation of a 12 -inch-
diameter water transmission main in Poinsettia Avenue between Fifth Avenue and
Pacific Coast Highway (see exhibit). The transmission main will improve domes-
tic water service and provide increased pressure and reliability for fire pro-
tection in Corona del Mar. The water main replacement is part of the continuing
program to replace existing deteriorated water mains in the City.
Bidder
Amount Bid
Low
Gabi Construction Co., Inc.
$229,225.00
2.
Macco Constructors, Inc.
235,145.00
3.
P & J Utility
238,116.00
4.
Three D Construction Co., Inc.
248,426.00
5.
Gallacher Co. Inc.
249,584.61
6.
G. R. Frost, Inc.
253,690.00
7.
Brkich Bros. Corp.
259,897.00
8.
Great American Pipeline Co., Inc.
261,641.00
9.
G. Dakovich & Son, Inc.
262,695.00
10.
J. T. Malloy, Inc.
264,422.50*
11.
Irvine Pipeline Co., Inc.
272,570.00
12.
B and Sons Construction, Inc.
276,988.00
13.
Channel Constructors, Inc.
296,121.00
14.
Gary Herman,Inc.
299,537.06
15.
Monarch Construction
299,959.00
16.
G. R. McKervey, Inc.
318,286.00
17.
Byron Crume, Inc.
321,439.50
18.
Doty Bros. Co.
346,605.25
*Corrected bid total is $266,245.50.
The low bid is 36 °% below the revised Engineer's estimate of $360,000.
The disparity between estimated and bid amounts is attributed to an intense
competition among pipeline contractors caused by scarcity of such work.
This project provides for the replacement of approximately 4,600
lineal feet of water main in Corona del Mar and the installation of a 12 -inch-
diameter water transmission main in Poinsettia Avenue between Fifth Avenue and
Pacific Coast Highway (see exhibit). The transmission main will improve domes-
tic water service and provide increased pressure and reliability for fire pro-
tection in Corona del Mar. The water main replacement is part of the continuing
program to replace existing deteriorated water mains in the City.
May 24, 1982
Subject: Water Main Replacement Program (C -2221)
Page 2
Gabi Construction Co., Inc., has not performed work in the City;
however, a check of his references reveals that he has satisfactorily completed
similar work for other cities such as Monterey Park, Beverly Hills, and Norwalk.
Sufficient funds are available in the current budget for the Water
Main Replacement Program, Account No. 50- 9281 -001.
The plans and specifications were prepared by the Public Works
Department. The estimated date of completion is August 31, 1982.
al'z- c Q )ZZ
Benjamin B. Nolan
Public Works Director
GW:jd
Att.
r
PE �Pf r diG tr D ) S
r r J A01MOR Y /6W rc CovE �i v
to�E SCt/OOL SQ / ✓D �SJL E OR.
cRAN r,;uwACOOAR '
F /rI1J •.93.96 ' OYE� JC )Tip
T� ?
4' C a ur t._. T l__.
F. � �
U �l�
Es 11 at
U
r� 'u lE l
V � ca A � S CA 5 d � �
L
L I L J
TV9 E-3 12
v 'L53�
CITY OF NEWPORT BEACH
pUBL{C WORKS DEPARTMENT
F+ffh Aver►ue water- Main
Replacement C -ZZZt
L.
DRAWN
i
APPROVED
DATE
PU8Ljr ARKS DIRECTDR
R.E. N0.
DRAWING
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
PROPOSAL
WATER MAIN REPLACEMENT PROGRAM
1981 -82
CONTRACT NO. 2221
To the Honorable City Council
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92663 -3884
Gentlemen:
PR la
The undersigned declares that he has carefully examined the location of the work, has read
the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby pro-
poses to furnish all materials and do all the work required to complete this Contract 2221
in accordance with the Plans and Special Provisions, and will take in full payment therefor
the following unit price for the work, complete in place, to wit:
ITEM
NO.
QUANTITY
AND UNIT
I fEM DIE—S- CRIPTIO
UNIT PRICE WRITTEN IN WORDS
UNIT
PRICE
TOTAL
PRICE
1.
4,206
Construct 12 "- diameter water main
Linear Feet
@
Dollars
- -�
and
Cents
$ �.�
$ /G' " ?S
Per Linear Foot
2.
1,823
Construct 8 "- diameter water main
Linear Feet
l
@ Jw�,� ya��
Dollars
and
Cents
Per Linear Foot
3.
Lump Sum
Abandon existing main
pwater
@ �2z. -,�
Dollars
and
��-
Cents
Per Lump Sum
_
$ O;,
• • PR lb
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
4. 5 Install 12" butterfly valve
Each f�
• @ -5,x >,,�, ,�� f. Dollars
and
l Cents $ $ .S GAY
Per Each
5. 2 Install 10" butterfly valve
Each �
@ /, Dollars
and
Go Cents $ 60.—
Per Each
6. 7 Install 8" butterfly valve
Each
Dollars
and
Cents
Per Each
7. 4 Install air reledse v ve assembly'
Each ,
@ r _�� Dollars / o
and ' J'
k% Cents
Per Each
8. 162 Remove existing water main and re-
Linear Feet place with 8 "- diameter pipe
@ I'' *�� Dollars
and
Cents
Per Linear Foot
9. 118 Remove existing water main and re-
Linear Feet place with 12 "- diameter pipe
@ Dollars
and
Cents
Per Linear Foot
10. 4 Reconnect existing 12" and 2" ser-
Each vice
@ /w�, �;,«�eJ '•l Dollars
and
�G Cents $ Z so,'
Per Each
i`
0
0
PR lc
ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL
NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE
11
12.
13
14
45 Reconnect existing 1" service
Each p
@ /✓, l 1��f Dollars
and
Cents $ �- o , $ y
Per Each
Lump Sum Remove and replace existing A.C. bike
trail
@ Dollars
and
Cents $
Per Lump Sum
13 Remove and replace fire hydrant
Each system (includes 6 ". butterfly valve)
ii
@ t Dollars
and
u" Cents
Per Each
Lump Sum Clearing and grubbing
@ Dollars
and
Cents
Per Lump Sum
TOTAL PRICE WRIT'
N IN WORDS:
Dollars
and
4'= Cents
Soo 93c ^A
Contractor's Lic. No. & Classification
3, 6BL.
Date
?/y ( s'a5 -,V3y,
Bidder's Telephone No.
$
—r
Bidder
Authori.aed Signa%ure /Title
Bidder's Addy
r66
•
INSTRUCTIONS TO BIDDERS
• Page 2
The following contract documents shall be completed, executed and received
by the City Clerk in accordance with NOTICE INVITING BIDS:
PROPOSAL
INSTRUCTIONS TO BIDDERS
DESIGNATION OF SUBCONTRACTOR(S)
BIDDER'S BOND (sum not less than 10% of total bid price)
NON- COLLUSION AFFIDAVIT
STATEMENT OF FINANCIAL RESPONSIBILITY
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
except that cash, certified check or cashier's check (sum not less than 10% of
the total bid price) may be received in lieu of the Bidder's Bond. The title
of the project and the words SEALED BID shall be clearly marked on the outside
of the envelope containing the bid.
Bids shall not be received from bidders who are not licensed in accordance
with the provisions of Chapter 9, Division III of the Business and Professions'
Code. The low bidder shall also be required to possess a City of Newport Beach
business license prior to execution of contract.
Bids shall be submitted on the attached PROPOSAL form. The additional
copy of the PROPOSAL form may be retained by the bidder for his records.
The estimated quantities indicated in the PROPOSAL are approximate, and are
given solely to allow the comparison of bid totals.
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 dis-
crepancy 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 or omissions in the PROPOSAL.
Contract documents shall bear signatures and titles of persons authorized
to sign on behalf of the bidder. For corporations, the signatures shall be of
the President or Vice President. For partnerships, the signatures shall be of
a general partner. For sole ownership, the signature shall be of the owner.
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 con-
tract. A copy of said determination is available in the office of the City
Clerk. All parties to the contract shall be governed by all provisions of the
California Labor Code relating to prevailing wage rates (Sections 1770 -7981 in-
clusive). The Contractor shall be responsible for compliance with Section 1777.
of the California Labor Code for all apprenticeable occupations.
C) 081-, /-
Contr's Lic. /No. & Classification
Z
Date
zeatur� title
ill opA „u 'JR. /�2c -s•
• • Page 3
DESIGNATION OF SUBCONTRACTOR(S)
The undersigned certifies that he has used bid(s) of the following listed
subcontractor(s) in making up his bid,and that the subcontractor(s) listed
will be used for the work for which they bid, subject to the approval of the
Engineer and in accordance with the applicable provisions of the Specifications.
No change of subcontractor may be made except with the prior approval of the
Engineer and as provided by State law.
Item of Work Subcontractor Address
1. )None-
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
tl, W n S i2 . C- l.i c
W dder
utnoriz ,,i nature w tie
n
Premium included * 'd
.y Bond Service Underl*ng
BIDDER'S BOND
KNOW ALL MEN BY THESE PRESENTS,
• Page 4
BOND NO. Ac003660 -43
That we, GABI CONSTRUCTION COMPANY, INC. , as bidder,
and ALLIED FIDELITY INSURANCE CO.
and firmly bound unto the City of Newport Beach,
TEN PERCENT (10 %) OF THE AMOUNT OF ATTACHED BID,
THREE HUNDRED THOUSAND AND N01100 ............
, as Surety, are held
California, in the sum of
TOTAL BID NOT TO EXCEED
••••• Dollars ($ 10�;
lawful money of the United States for the payment of which sum well and truly
to be made, we bind ourselves, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH,
That if the proposal of the above bounden bidder for the construction of
WATER MAIN REPLACEMENT PROGRAM 2221
Title of Project Contract No.
in the City of Newport Beach, is accepted by the City Council of said City, and
if the above bounden bidder shall duly enter into and execute a contract for
such construction and shall execute and deliver the "Payment" and "Faithful
Performance" contract bonds described in the Specifications within ten (10) days
(not including Saturday, Sunday, and Federal holidays) from the date of the
mailing of a notice to the above bounden bidder by and from said City that said
contract is ready for execution, then this obligation shall become null and
void; otherwise it is and shall remain in full force and effect, and the amount
specified herein shall be forfeited to the said City.
In the event that any bidder above named executed this bond as an indi-
vidual, it is agreed that the death of any such bidder shall not exonerate the
Surety from its obligations under this bond.
IN WITNESS WHEREOF, we hereunto set our hands and seals this 12th day
of MAY , 19 Bz
(Attach acknowledgement of
Attorney -in -Fact)
Notary Public
Commission expires
Tit
GABI CONSTRUCTION COMPANY, INC.
Bidder / \ Q
BY: %V�4i�'oeP�I g ure /Tit�&ESIDENT
ALLIED FIDELITY INSURANCE CO.
} §/ \
Z 0
Z 0 0
0
0
0
cr
to eb
aq
En
M m
rb
t, 10
w
0 0 iz
Er
0
%
rb CL I :
o
0 �o
0 ; m
et
8. a. nc
I
o 0, i
CL
tr —
aQ M
Z =r CL
ts
CL m >
of
tr
cr
0
ALLIED FIDELITY INSURANCE CO.
6320 North Rucker Road • Indianapolis, Indiana 46220
POWER OF ATTORNEY
A Ci N_ 003660
. KNOW ALL MEN BY THESE PRESENTS: That this Power -of Attorney is not valid unless attached to the bond which it
authorizes executed. It specifies the LIMIT OF THE AGENTS AUTHORITY AND THE LIABILITY OF THE COMPANY,
HEREIN.
THE AUTHORITY CF THF, ATTORNEY IN FACT and THE LIABILITY OF THE COMPANY
SHALL NOT FXCFFD _ * * *JWO HUNDRED TfiOUSAND AND NO 100 (5200,000.00) * **
USE OF MORE THAN ONE POWER VOIDS THE BOND
ALLIED FIDELITY INSURANCE, CO., an Indiana corrporation, hnvin • itJ_mcipal office in the (itv of Indi:maryrli s" slab•
of Indiana, does hereby make, constitute and appoint: __I1.._Cla— r�QJ9Hoi`I OR PAIR T 1A_a JMiN ST0N
in the City of _.HACIENDA HEIGHTS County of S ANGELES state of CALIFORNIA
its true and lawful attorney in fact. at _ ----- HACIENDA _HEIGHTS_ . -.... _ - -.._.. .... . in the slate of ._CALIFORNIA
to make. execute, .real and deliver for and on its behalf. and as its act and deed. bonds. and undertakings in behalf of court
fiduciaries. who under the jurisdiction of a court, administer property held in trust: public official bonds; license and permit
bonds: tax, lien. and.miscellaneous bonds: required by Federal. Slate. County. Municipal Authority, or other obligres. prm'idrd
that the liability of the company as surety on any such bond executed under this authority shall not in any event exceed the sum
shown above.
THIS POWER VOID IF ALTERED OR ERASED
This power not valid unless used before December 11. 1985 -
The acknowledgment and execution of any such document by the said Attorney-In-Fact shnll be as binding upon the Com-
pany as if such bond had been executed and acknowledged by the regularly elected officers of this Company.
This Power of Attornev is granted and is signed and scaled by facsimile under and b, the authority of the following liy "Law•
adopted by the Board of Directors of Allied Fidelity Insurance Co. st a meeting duly called and held on the5th day of Srptember•
1969.
". \rticle V. Serltion 12, The President shall hase power and nuthorily' to appoint, or deleg :.te to other Corporate 011u ers. the
appointment of Attorneclsl in Fact, and authorize them In e.xrcut r, on hrhalf of the (',unpany as Sur,-C,. bond= and
undertakings, recognizancvs, contracts of indrmnily, and other writings obligatory in the nature thereof: and he may at tiny
time in his judgment remove any such appointee(s) and revoke the authority given to Chem: and with respect to anv Certified
Copy of any Power of Attorney. the signatures of any issuing or attesting officer, and the seal of the Company, may be affix-
ed to such Power of Attorney or to any certificate relating thereto, be facsimile; and such facsimile signatures and lacsimik
seals shall be valid and binding on the Company. in the future• with respect to any band. undertaking or instrument of
suretyship. to which it is attached.'
IN WITNESS WHEREOF. Allied Fidelity Insurance Co. has caused its official seal to be hereunto affixed and these presents
to be signed by its duly authorized officers this 25th day of November, 1980.
ALLIED FIDELITY INSURANCE CO.
\r 4Sy,
0
fief TO an" President
THIS POWER DOES NOT AUTHORIZE
THE EXECUTION OF BONDS FOR LOAN GUARANTEES
sTATE OF INDIANA ss
COUNTY OF MARION
On this 25th day of November. 1980, before me n Notary Public: personally appeared H.O. CROQUAIIT and T. I.. FADS, who
being by me duly sworn, acknowledged that they signed the above Power of Attorney as President and Secretary of the said
ALLIED FIDELITY INSURANCE CO. and acknowledged said instrument to be the voluntary act and deed of said Corporation.
Z 'n
O
a F
r :a
O
D
n Z
a
n o
a r
s
±i m
� G
m j
W> H
_
n
i
10 >
7 „1
113 Om
C
•n ,
H
O
,7 !
n
fl !
q ,
H
In
I'
Notary Public, Marion County. Indiana +'�
My Commission Expie res: M1ter<h 9. 1981 vse sae
Notary Public
I. ONLN ONE PO%l FR OF ATTORNEY NIA) RF ATTACIIED TO A BOND.
2. POWER OF ATTORNEY" MUST NOT HE RF.q'CRNF,D TO ATTORNEY IN FACT. RUT SHOI'I.D REMAIN A PERM1IA-
NENT PART OF THE OBLIGEE'S RE( CORDS. rh Mx
3. THIS PO%%FR OOFS \OT ACTHOR17F F \F'Cl "TION OF BONDS OF NE FXV \T Olt ANY GI "ARANTEF FOR
•
NON- COLLUSION AFFIDAVIT
• Page 5
The bidder, by its officers and agents or representatives present at the time
of filing this bid, being duly sworn on their oaths, say that neither they nor
any of them have, in any way, directly or indirectly, entered into any arrange-
ment or agreement with any other bidder, or with any public officer of such
CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has
paid or is to pay to such bidder or public officer any sum of money, or has
given or is to give to such other bidder or public officer anything of value
whatever; or such affiant or affiants or either of them has not directly or
indirectly, entered into any arrangement or agreement with any other bidder or
bidders, which tends to or does lessen or destroy free competition in the
letting of the contract sought for by the attached bids; that no bid has been
accepted from any subcontractor or materialman through any bid depository, the
bylaws, rules or regulations of which prohibit or prevent the bidder from con-
sidering any bid from any subcontractor or materialman which is not processed
through said bid depository, or which prevent any subcontractor or materialman
from submitting bids to a bidder who does not use the facilities of or accept
bids from or through such bid depository; that no inducement of any form or
character other than that which appears upon the face of the bid will be sug-
gested, offered, paid or delivered to any person whomsoever to influence the
acceptance of the said bid or awarding of the contract; nor has the bidder
any agreement or understanding of any kind whatsoever with any person whomso-
ever to pay, deliver to, or share with any other person in any way or manner,
any of the proceeds of the contracts sought by this bid.
GABI CONSTRUCTION COMPANY, INC.
Bidder
BY:
Subscribed and
sworn to before
me BILLY POPP JR. PRESIDENT
this 12th
day of MAY
19 sz.
My commission
expires:
\
OCTOBER 22,
1982
OFFIC
PATRICIA H.
dry Publ i C
•
NOTARY PU9LIC- CALIFORNIA
'
LOS ANGELES COUNTY
ATR CIA H. JOHI3 ON
J
�R „,,,s My Com mis slon E-P, Oct. 21. t9Q2
•
• Page 6
STATEMENT OF FINANCIAL RESPONSIBILITY
The undersigned submits herewith a statement of his financial responsibility
or agrees to submit a statement within 1 work day after the bid opening if
the undersigned is the apparent low bidder.
C1,46,- 4;,,15 i2. 6, 1 C-
A Bidder
Athor e Signature /title
r
n
LJ
• Page 7
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
The undersigned submits herewith a statement of the work of similar character
to that proposed herein which he has performed and successfully completed.
Year
Completed For Whomp Performed (Detail) Person to Contact Telephone No
.. /.
Q L ' i, S,ft / fv7t :a - Cd2lo 5 A hd d
vfl 6 7
Bidder Q
ldrizeq S'gnature /Title
0 • Page 8
NOTICE
The following are samples of contract documents which shall be
completed and executed by the successful bidder after he receives
letter of award from the City of Newport Beach:
PAYMENT BOND (pages 9 & 10)
FAITHFUL PERFORMANCE BOND (pages 11 & 12)
CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 13, 14, 15)
CONTRACT (pages 16 & 17)
Since 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 sub-
mission of bid.
BONDING COMPANIES shall be acceptable as sureties in
accordance with the latest revision of Federal Register Circular 570.
INSURANCE COMPANIES shall be assigned Policyholders' Rating B
(or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Ke Ratin Guide:
Property- Casualty. Coverages shall be provided for a TYPES OF
INSURANCE checked on the CERTIFICATE OF INSURANCE.
All costs associated with the specifications of these contract
documents shall be absorbed in the bid. Such specifications shall
include those contained in (1) each contract document and (2) the
Standard Specifications for Public Works Construction.(latest edi-
tion adopted for use in the City of Newport Beach), except as
supplemented or modified by the Special Provisions for this project.
a
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS, That
SPage 9
WHEREAS, the City Council of the City of Newport Beach, State of California, by
motion adopted
has awarded to
hereinafter designated as the "Principal ", a contract for.
in the City of Newport Beach, in strict conformity with the Drawings and Specifications
and other contract documents on file in the office of the City Clerk of the City of
Newport Beach;
WHEREAS, said Principal has executed or is about to execute said contract and the
terms thereof require the furnishing of a bond with said contract, providing that if
said Principal or any of his or its subcontractors, shall fail to pay for any materials,
provisions, provender, or other supplies or teams used in, upon, for, or about the per-
formance 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,
as Principal, and
as Surety, are held firmly bound unto the City of Newport Beach, in the sum of
Dollars ($
said sum being one -half 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 presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or
his subcontractors, fail to pay for any materials, provisions, provender, or other
supplies or teams, 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, that the
Surety or Sureties will pay for the same, in an amount not exceeding the sum specified
in the bond, and also, in case suit is brought upon the 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.
This 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
Payment Bond (Continued)
Page 10
this bond, as required by the Provisions of Sections 3247 et. seq. of the Civil Code of
the State of California.
And said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the contract or to the
work to be performed thereunder or the specifications accompanying the same shall in
any wise affect its obligations on this bond, and it does hereby waive notice of any
such change, extension of time, alterations or additions to the terms of the contract
or to the work or to the specifications.
In the event that any principal above named executed this bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from
its obligations under this bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and
Surety above named, on the day of , 19
Approved as to form:
City Attorney
(Seal)
Name of Contractor Principal
Authorized Signature and Title
Authorized Signature and Title
(Seal)
Name of Surety
Address of Surety
Signature and Title of Authorized Agent
Address of Agent
Telephone No. of Agent
0
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, That
• Page 11
WHEREAS, the City Council of the City of Newport Beach, State of California, by
motion adopted
has awarded
hereinafter designated as the "Principal ", a contract for
in the City of Newport Beach, in strict conformity with the Drawings and Specifications
and other contract documents on file in the office of the City Clerk of the City of
Newport Beach;
WHEREAS, said Principal has executed or is about to execute said contract and the
terms thereof require the furnishing of a bond for the faithful performance of said
contract;
NOW, THEREFORE, We,
as Principal, and
as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of
Dollars ($
said sum being equal to 100% of the estimated amount of the contract, to be paid to
the said City or its certain attorney, 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 presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal,
his or its heirs, executors, administrators, successors, or assigns, shall in all
things stand to and abide by, and well and truly keep and perform the covenants, con-
ditions, and agreements in the said contract and any alteration thereof made as therein
provided on his or their part, to be kept and performed at the time and in the manner
therein specified, and in all respects according to their true intent and meaning, and
shall indemnify and save harmless the City of Newport Beach, its officers and agents,
as therein stipulated, then this obligation shall become null and void; otherwise it
shall remain in full force and virtue.
And said 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 to the specifications accompanying the same shall
in any wise affect its obligations on this bond, and it does hereby waive notice
Faithful Performance Bond (Continued)
• Page 12
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 Principal and
Surety above named, on the day of , 19
Approved as to form:
City Attorney
(Seal)
Name of Contractor (Principal)
Authorized Signature and Title
Authorized Signature and Title
(Seal)
Name of Surety
Address of Surety
Signature and Title of Authorized Agent
Address of Agent
Telephone No. of Agent
0 CERTIFICATE OF INSURANCE • Page 13
City of Newport Beach �Letter mpany
3300 Newport Boulevard A
Newport Beach, CA 92663 mpany B
NAME AND ADDRESS OF INSURED
C
0
E
This is to certify that policies of insurance listed below have been issued to the insured named
above and are in force at this time, including attached endorsement(s).
NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed
with the attached City of Newport Beach Endorsements.
CANCELLATION: Should any of the above described policies be cancelled or coverage reduced
before the expiration date thereof, the Insurance Company affording coverage
shall provide 30 days' advance notice to the City of Newport Beach by
registered mail, attention: Public Works Department.
By: Agency:
Authorized Representative
Date Issued
Description of operations /locations /vehicles: All operations performed for the City of Newport
Beach by or on behalf of the named insured in connection with the following designated contract:
Project Title and Contract Number
OTICE: This certificate or verification of insurance is not an insurance policy and does not
amend, extend or alter the coverage afforded by the policies listed herein. Notwith-
standing any requirement, term, or condition of any contract or other document with
respect to which this certificate or verification 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, including attached endorsements.
81
Policy
L MITS OF LIABILITY
IN THOUSANDS
000
COMPANY
TYPES OF INSURANCE
Policy
Exp.
g. ro uc s/
LETTER
COVERAGE REQUIRED
No.
Date
Each
Completed
Occurrence
Operations
GENERAL LIABILITY
x Comprehensive Form
x Premises - Operations
Bodily Injury
Property Damage
$
$
$
$
x Explosion & Collapse Hazard
x Underground Hazard
x Products /Completed Operations
Bodily Injury
Hazard
and Property
x Contractual Insurance
Damage Combined
$
$
x Broad Form Property Damage
x Independent Contractors
Personal Injury
8
x Personal Injury
Marine
Aviation
AUTOMOTIVE LIABILITY
❑x Comprehensive Form
Bodily Injury
(Each Person
$
❑x Owned
$
o�d�ii yTnjury
Each Occurrence
❑z Hired
ro ert ama e
❑x Non -owned
Molly In3urY and
Property Damage
Combined
$
EXCESS LIABILITY
❑ Umbrella Form
Bodily Injury
❑ Other than Umbrella Form
and Property
Damage Combined
$
$
WORKERS' COMPENSATION
Statutor
and
EMPLOYER'S LIABILITY
kLach
Accident)
NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed
with the attached City of Newport Beach Endorsements.
CANCELLATION: Should any of the above described policies be cancelled or coverage reduced
before the expiration date thereof, the Insurance Company affording coverage
shall provide 30 days' advance notice to the City of Newport Beach by
registered mail, attention: Public Works Department.
By: Agency:
Authorized Representative
Date Issued
Description of operations /locations /vehicles: All operations performed for the City of Newport
Beach by or on behalf of the named insured in connection with the following designated contract:
Project Title and Contract Number
OTICE: This certificate or verification of insurance is not an insurance policy and does not
amend, extend or alter the coverage afforded by the policies listed herein. Notwith-
standing any requirement, term, or condition of any contract or other document with
respect to which this certificate or verification 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, including attached endorsements.
81
CITY OF NEWPORT BEACH
AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT
It is agreed that:
Page 14
With respect to such insurance as is afforded by the policy for Bodily Injury and
Property Damage Liability, the City of Newport Beach, its officers and employees are
additional insureds but only with respect to liability for damages arising out of
the ownership, maintenance or use of automobiles (or autos) used by or on behalf of
the named insured in connection with the contract designated below. The insurance
extended by this endorsement to said additional insured does not apply to bodily
injury or property damage arising out of automobiles (1) owned by or registered in
the name of an additional insured, or (2) leased or rented by an additional insured,
or (3) operated by an additional insured. The insurance afforded the additional
named insured(s) shall apply as primary insurance and no other insurance maintained
by the City of Newport Beach will be called upon to contribute with insurance
provided by this policy.
2. The policy includes the following provision:
"The insurance afforded by the policy applies separately to each insured
who is seeking coverage or against whom a claim is made or suit is brought,
except with respect to the limits of the Insurance Company's liability."
3. The limits of liability under this endorsement for the additional insureds named in
paragraph 1 of this endorsement shall be the limits indicated below for either Multi-
ple Limits or Single Limit, whichever is indicated by the letter % in the appropriate
box.
( ) Multiple Limits
Bodily Injury Liability
Property Damage Liability
( ) Single Limit
Bodily Injury Liability
and
Property Damage Liability
Combined
$ each occurrence
E each occurrence
E each occurrence
The limits of liability as stated in paragraph 3 of this endorsement shall not in-
crease the total liability of the Insurance Company for all damages as the result of
any one accident or occurrence in excess of the limits of Liability stated in the
policy as applicable to Automobile Liability Insurance.
4. Should the policy be cancelled or coverage reduced before the expiration date thereof,
the Insurance Company shall provide 30 days' advance notice to the City of Newport
Beach by registered mail, Attention: Public Works Department.
5. Designated Contract:
roject Title and Contract No.).
This endorsement is effective at 12:01 A.M. and forms a part of
Policy No.
Named Insured Endorsement No.
Name of Insurance Company By
uthorized Representat ve
• Page 15
CITY OF NEWPORT BEACH
COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT
It is agreed that:
With respect to such insurance as is afforded by the policy for Comprehensive General
Liability, the City of Newport Beach, its officers and employees are additional in-
sureds but only with respect to liability arising out of operations performed by or on
behalf the named insured in connection with the contract designated below or acts
and omissions of the City of Newport Beach in connection with its general supervision
of such operations. The insurance afforded said additional insured shall apply as
primary insurance and no other insurance maintained by the City of Newport Beach will
be called upon to contribute with insurance provided by this policy.
2. The policy includes the following provision:
"The insurance afforded by the policy applies separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
Insurance Company's liability."
3. The insurance afforded by the policy for Contractual Liability Insurance (subject to
the terms, conditions and exclusions applicable to such insurance) includes liability
assumed by the named insured under the indemnification or hold harmless provision con-
tained in the written contract, designated below, between the named insured and the
City of Newport Beach.
4. With respect to such insurance as is afforded by this policy, the exclusions, if any,
pertaining to the explosion hazard, collapse hazard and underground property hazard
(commonly referred to as "XCU "hazards) are deleted.
5. The limits of liability under this endorsement for the additional insured named in
paragraph I of this endorsement shall be the limits indicated below for either Multiple
Limits or Single Limit, whichever is indicated by the letter X in the appropriate box.
( ) Multiple Limits
Bodily Injury Liability $ each occurrence
Property Damage Liability $ each occurrence
( ) Single Limit
Bodily Injury Liability $ each occurrence
and
Property Damage Liability
Combined
The applicable limit of the Insurance Company's liability for the insurance afforded
for contractual liability shall be reduced by any amount paid as damages under this
endorsement in behalf of the additional insureds.
The limits of liability as stated in this endorsement shall not increase the total
liability of the Insurance Company for all damages as the result of any one occurrence
in excess of the limits of liability stated in the policy as applicable to Comprehen-
sive General Liability Insurance.
6. Should the policy be cancelled or coverage reduced before the expiration date thereof,
the Insurance Company shall provide 30 days' advance notice to the City of Newport
Beach by registered mail, Attention: Public Works Department
7. Designated Contract:
Project Title and Contract No.
This endorsement is effective at 12:01 A.M. and forms a part of
Policy No.
Named Insured Endorsement No.
Name of Insurance Company By
Authorized Representative
• • Page 16
CONTRACT
THIS AGREEMENT, entered into this day of , 19
by and between the CITY OF NEWPORT BEACH, hereinafter "City," and
, hereinafter "Contractor, "is made with
reference to the following facts:
(a) City has heretofore advertised for bids for the following
described public work:
Title of Project Contract No.
(b) Contractor has been determined by City to be the lowest responsi-
ble bidder on said public work, and Contractor's bid, and the compensation set
forth in this contract, is based upon a careful examination of all plans and
specifications by Contractor,
NOW, THEREFORE, the parties hereto agree as follows:
1. Contractor shall furnish all materials and perform all of the work
for the construction of the following described public work:
e of Project
ontract No.
which project is more fully described in the contract documents. Contractor
shall perform and complete this work in a good and workmanlike manner, and in
accordance with all of the contract documents.
2. As full compensation for the performance and completion of this
work as prescribed above, City shall pay to Contractor the sum of
This compensation includes (1) any loss or damage arising from the nature of the
work; (2) any loss or damage arising from any unforeseen difficulties or obstruc-
tions 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.
3. All of the respective rights and obligations of City and Contractor
are set forth in the contract documents. The contract documents are incorporated
herein by reference as though set out in full and include the following:
(a) Notice Inviting Bids
(b) Instruction to Bidders and documents referenced therein
(c) Payment Bond
(d) Faithful Performance Bond
(e) Certificate of Insurance and endorsement(s)
• • Page 17
(f) Plans and Special Provisions for
Title of Project Contract No.
(g) This Contract.
4. Contractor shall assume the defense of, and indemnify and hold
harmless, City and its officers, employees and representatives from all claims,
loss or damage, except such loss or damage proximiately caused by the sole
negligence of City or its officers, employees and representatives.
IN WITNESS WHEREOF, the parties hereto have caused this contract to
be executed the day and year first above written.
CITY OF NEWPORT BEACH
By
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney Contractor
By
Its
By
Its
CITY
CONTRACTOR
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
WATER MAIN REPLACEMENT PROGRAM
CONTRACT NO. 2221
INDEX
TO
SPECIAL PROVISIONS
SECTION
1.
SCOPE OF WORK . . . . . . . . . . . . . . 1
II.
COMPLETION, SCHEDULE AND
PROSECUTION OF WORK. . . . . . . . . . . 1
III.
PAYMENT . . . . . . . . . . . . . . . . . 2
IV.
TRAFFIC CONTROL ACCESS AND
NOTICES TO RESIDENTS . . . . . . . . . . 2
A. Traffic Control . . . . . . . . . . 2
B. Access . . . . . . . . . . . . . 3
C. Notices to Residents . . . . . . . . 3
.V.
WATER SERVICE . . . . . . . . . . . . . . 3
VI.
WATER, TRENCH PLATING, AND
TEMPORARY BYPASS WATER SYSTEM. . . . . . 4
VII.
CONSTRUCTION SURVEY. . . . . . . . . . . 4
VIII.
CONSTRUCTION DETAILS . . . . . . . . . . 4
A. Materials . . . . . . . . . 4
B. Water Valves and Air
Release Valves. . . . . . . . . . . 5
C. Water Main Abandonment. . . . . . . 5
•
SCOPE OF WORK
• SP of
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
FOR
WATER MAIN REPLACEMENT PROGRAM
CONTRACT NO. 2221
The work to be done under this contract consists of constructing in place
approximately 6,000 linear feet of 12- inch - diameter and 8- inch - diameter water
mains, fire hydrant assembly, air release valves, water valves, water services,
and other incidental items of work as shown on the plans.
The contract requires the completion of all the work in accordance with these
Special Provisions, the Plans (Drawing No. W- 5152 -S), the City's Standard
Special Provisions and Standard Drawings for Public Works Construction, 1980
Edition, and the Standard Specifications for Public Works Construction , 1979
Edition, including supplements to date. Copies of the Standard Specifications
may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles,
California 90034, telephone (213) 870 -9871. A copy of the Standard Special
Provisions and Standard Drawings may be purchased at the Engineer's office for
$5.
II. COMPLETION, SCHEDULE AND PROSECUTION OF WORK
All work under this contract shall be completed by August 31, 1982, or within
seventy -five (75) consecutive calendar days after the start of work, whichever
comes first. A complete schedule showing the Contractor's proposed plan of
construction and traffic control (see Section IV) shall be submitted in writing
for the Engineer's approval two (2) working days prior to the pre -job meeting.
If during the construction period, modifications of plan or schedule are re-
quired, each modification shall be approved by the Engineer prior to altering
the previously approved schedule.
The Contractor's schedule shall consider the phasing of water main construction,
testing, disinfection, and connection to the existing system. The Contractor
shall use the following guidelines in establishing this schedule:
No connections to existing water mains will be permitted until the
new main has satisfactorily passed the hydrostatic test and has
been disinfected.
Hydrostatic pressure testing will be permitted against new valves.
Any temporary bulkheads for thrust resistance will be the responsi-
bility of the Contractor.
• • SP2of5
3. Cutting -in of new water mains shall be done at times.resulting in the
least disruption to water service. Shutdowns of up to four hours
during the day will be permitted and will not require bypass. Opera-
tions requiring a long shutdown period will require a temporary by-
pass.
The Contractor shall notify the City's Utilities Superintendent, Mr. Gil Gomez,
(714) 640 -2221, at least 48 hours in advance of the need to shut down or con-
nect to any existing water mains. No shutdown will be allowed on Fridays,
Saturdays, Sundays, or holidays.
It will be the Contractor's responsibility to ensure the availability of all
materials prior to the start of work. Unavailability of materials will not be
sufficient reason to grant the Contractor an extension of time.
The intent of this section is to emphasize to the Contractor the importance of
prosecuting the construction in an orderly, pre - planned, continuous fashion so
as to minimize inconvenience to residents.
III. PAYMENT
The unit or lump sum price bid for each item of work shown on the proposal
shall be considered as full compensation for all labor, equipment, materials,
and all other things necessary to complete the work in place, and no additional
allowance will made therefor.
Payment for incidental items of work not separately provided for in the pro-
posal shall be included in the unit or lump sum price bid for each item of
work.
The cost of maintaining water service to residents and businesses during con-
struction shall be included in the unit price bid for installing the water main.
IV. TRAFFIC CONTROL,ACCESS AND NOTICES TO RESIDENTS
The Contractor shall provide traffic control and access in accordance with Sec-
tion 7 -10 of the Standard Specifications except as modified herein, and with
the standards contained in the Work Area Traffic Control Handbook (WATCH), also
published by Building News, Inc.
The Contractor is advised that Marguerite Avenue between Fifth Avenue and
Pacific Coast Highway carries approximately 8,000 vehicles per day through the
project area.
A. Traffic Control
The Contractor shall submit a written traffic control plan to the Engineer
for approval a minimum of two (2) working days prior to the pre- construc-
tion meeting.
The plan shall incorporate the following:
The location and wording of all signs, barricades, delineators, lights,
warning devices, temporary parking restrictions, and any other details
required to assure that all traffic will be handled in a safe and
efficient manner with a minimum of inconvenience to the motorist.
9 SP3of5
2. A complete and separate plan for each stage of construction proposed
by the Contractor showing all items listed under 1 above.
3. Traffic obstructions shall not be permitted on Marguerite Avenue
between Second Avenue and Pacific Coast Highway before 9:00 A.M. and
after 3:00 P.M. In addition, trenches alon g Marguerite Avenue shall
be securely plated at the end of each work day.
4. Work causing traffic obstruction on Poinsettia Avenue and Poppy
Avenue shall not be permitted concurrently.
Where any restrictions herein mentioned necessitate temporary prohibition
of parking during construction, the Contractor shall furnish, install, and
maintain in place "NO PARKING" signs (even if streets have posted "NO
PARKING" signs) which he shall post at least 40 hours in advance of the
need for enforcement. In addition, it shall be the Contractor's responsi-
bility to notify the City's Police Department, Traffic Division, at (714)
644 -3742, for verification of posting at least 40 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 number R -38 on the Caltrans' Uniform Sign Chart.
The Contractor shall print the hours, day and date of closure in 2 -inch-
high letters and numbers. A sample of the completed sign shall be approved
by the Engineer prior to posting.
B. Access
Vehicular and pedestrian access shall be maintained at all times to busi-
nesses and residences adjacent to the project area; however, where condi-
tions preclude such access for reasonable periods of time (as determined
by the Engineer), access shall be restored at the end of each work day.
C. Notices to Residents
Between 48 and 55 hours before closing a section of street or alley or re-
stricting vehicular access to garages or parking spaces, the Contractor
shall distribute to each affected address a written notice stating when
construction operations will start and approximately when vehicular access-
ibility will be restored. Twenty -four (24) hours before shutting off water
service to any residence, the Contractor shall distribute a separate
written notice stating the date and time the water will be shut off and
approximate time the water will be turned back on. The written notices
will be prepared by the Engineer. The Contractor shall insert the appli-
cable dates at the time he distributes the notice. Errors in distribu-
tion, false starts, acts of God, strikes or other alterations of the
schedule will require Contractor renotification using an explanatory
letter furnished by the Engineer.
V. WATER SERVICE
Water service shall be maintained at all times to residences and businesses,
except as permitted in Section II. The Contractor's methods of providing such
continuous service shall be approved by the Engineer prior to construction.
• . SP4of5
VI. WATER. TRENCH PLATING. AND TEMPORARY BYPASS WATER SYSTEM
The Contractor may obtain, at no cost, City water, trench plating, and temporary
bypass water system for use on this project. The Contractor shall make arrange-
ments to obtain such items from Mr. Gil Gomez, Utilities Superintendent, at
(714) 640 -2221. The Contractor shall be responsible for transport to and from
the jobsite and for application at the jobsite.
VII. CONSTRUCTION SURVEY
Field survey for the control of construction shall be provided at no cost by
City.
VIII. CONSTRUCTION DETAILS
A. Materials
The Contractor shall select either ductile iron or asbestos cement pipe
materials and shall use the selected material exclusively for each item of
work, except that water main construction in Fifth Avenue between Iris
Avenue (S %_.Ei00) and Jasmine Avenue (Sta. 9 +00) shall be Class 53 ductile
iron p� ipe onl.y�— ......_..�. d.... /.....� .
1. Ductile Iron Pipe (D.I.P.)
a. Pipe and Fittings
Water pipe and fittings shall be ductile Iron Class 50 except
where specified otherwise herein. Pipe joints shall be rubber
gasket push -on joint such as Tyton Joints manufactured by United
States Pipe and Foundry Company.
b. Encasement
Ductile iron pipe shall be encased in minimum 8 -mil. polyethylene.
c. D.I.P. Installation
D.I.P. laying shall be performed in accordance with the recom-
mendations of the manufacturer and as described in the most recent
publication of AWWA C600 Installation Guide. Care shall be used
to prevent damage in handling, moving, and placing the pipe. It
shall not be dropped, dragged, nor handled in such a manner as to
cause scratches, bruises, cracks, or chips.
2. Asbestos Cement Pressure Pipe (A.C.P.)
a. Pipe and Fittings
Water pipe and fittings shall conform to Section 207 -7 of the
Standard Specifications.
b. A.C.P. Installation
A.C.P. laying shall be performed in accordance with the recom-
mendations of the manufacturer as described in the most recent
• SP5of5
publication of "Installation Guide, Transite Ring -Tite Pressure
Pipe" published by Johns - Manville Corporation. Care shall be
used to prevent damage in handling, moving, and placing the
pipe. It shall not be dropped, dragged, nor handled in such
a manner as to cause scratches, bruises, cracks, or chips.
B. Water Valves and Air Release Valves
Water valves and air release valves will be furnished by City. The Con-
tractor shall transport such valves to the jobsite from the Utilities Yard
at 949 West 16th Street.
C. Water Main Abandonment
Water main abandonment shall include the following:
1. Removal and disposal of existing water valve frames and covers with
P.C.C. box or metal riser.
2. Removal of existing air release valve manhole frames and covers and
existing air release valves. Once the air release valve has been re-
moved, the Contractor shall seal and secure the existing water main.
All air release valves and manhole frames and covers shall be salvaged
and delivered to the City's Utility Yard, located at 949 West 16th
Street.
3. Abandoned pipe openings shall be plugged with 4 inches minimum
Class E mortar.
• CITY OF NEWPORT BEACH •
PUBLIC WORKS DEPARTMENT
ADDENDUM NO. 1
WATER MAIN REPLACEMENT PROGRAM
CONTRACT NO. 2221
Bidders shall propose to complete Contract No. 2221 in accordance with the Proposal
as modified by this ADDENDUM:
SPECIAL PROVISIONS, SECTION VIII -B:
Delete the following SECTION VIII -B: CONSTRUCTION DETAILS:
"Water Valves and Air Release Valves
Water Valves and air release valves will be furnished by City. The
Contractor shall transport such valves to the jobsite from the
Utilities Yard at 949 West 16th Street."
The effect of this change is that the Contractor shall furnish as well as install
the valves. Payment will be made under the appropriate bid item for installation
of valves.
Please sign and date this ADDENDUM, and attach it to your bid Proposal. No bid
will be considered unless this ADDENDUM is attached.
Benjamin B. Nolan
Public Works Director
ADDENDUM received by:
!l 4 Sn
Bidder
Signature _..
• • c -�
THE NEWPORT ENSIGN
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA.
County of Orange.
I am a citizen of the United States and a resident of the
County aforesaid, I am over the age of eighteen years,
and not a party to or Interested in the above entitled
matter. I am the principal clerk of the printer cf the
Newport Harbor Ensign newspaper of general circula-
tion, printed and published weekly in the city of
Newport Beach, County of Orange, and which news
paper has been adiudged a newspaper of General
circulation by the Superior Court of the County of Or-
ange, State of California, under the date of May 14.
1951, CASE NUMBER A -20178 that the notice. of
which the annexed is a printed copy (set ir. type not
smaller than nonpareil) has been published In each
regular and entire issue of said newspaper and not in
any supplement thereof on the following dates to wit
April 28, 1982
I certify (or declare) under penalty of perjury that the
foregoinG is true and correct. Dated at Newport
Beach, California, this 28day of1Ap /r ii II 199822
Signature
THE NEWPORT ENSIGN
2721 E Coast Hwy, Corona del Mar, California 92625.
This space is for the County Clerk's Filing Stamp
NOTICE INVITING BIDS
Proof of Publication of
WATER MAIN REPLACEMENT PROGRAM
PROOF OF PUBLICATION
E
NOTICE INVITING BIOS
Sealed b,ds may be e,eo,,, ai the
'lime of the Cdy Clerk, 3300Newporl
Blvd.. Newport Beach, Ca 92663 umd
11 a m. oo the 1311, day of May, 1982
al wh rh rime such oda shall W ppem
ed aad read for
WATER MAIN
REPLACEMENT PROGRAM
Conrad No 2221
En9mee", E.6mate 33%. ,"
Approved by the Coy Counal lh,
26th day of Ap•d. 1982 Ill
'Andersen, Cry Clerk.
Proapecbve bidders may obtain on
set of b,d docurnend at roo coat at the
office of the Public Works Ewparlment,
3" Newport Blvd Newport
C 92663,
For 1 rther
9 C- 0a� 1
TO: CITY COUNCIL
FROM: Public Works Department
SUBJECT: WATER MAIN REPLACEMENT PROGRAM (C -2221)
RECOMMENDATIONS:
April 26, 1982
CITY COUNCIL AGENDA
ITEM NO. /}L
APR 2g 82
CITY U:' - `:'.'.F' -AT PEACH
1. Approve the plans and specifications.
2. Authorize the City Clerk to advertise for bids to be opened
at 11:00 A.M. on May 13, 1982.
DISCUSSION:
This project provides for the replacement of approximately 4,600
lineal feet of water main in Corona del Mar and the installation of a 12-
inch diameter water transmission main in Poinsettia Avenue between Fifth
Avenue and Pacific Coast Highway (see exhibit). The transmission main
will improve domestic water service and provide increased pressure and
reliability for fire protection in Corona del Mar. The water main re-
placement is part of the continuing program to replace existing deterio-
rated water mains in the City.
The Engineer's estimate for
funding is $230,000 from Account No.
Program; and $120,000 from Account No
Program.
the work is $350,000. The proposed
50- 9281 -001, Water Main Replacement
. 50- 9281 -120, Water Main Relining
The plans and specifications were prepared by the Public Works
Department. The estimated date of completion is August 31, 1982.
Benjamin S. Nolan
Public Works Director
GW:jd
Att.
�y� d
1 I J
t 4-,
7 '
1 \ h
v, �F
.`
G �-r
ElBMENT4RY
.7caooG �
1
I
O 1
93 96
Cry 1 I
r V � l l v . L4 , l � >� L� 'I,1zj {W of
�uI CJ �V �E v L ° v � r�rC
CCU CL�C�C�
;.J n Lj 2 1 �� Li
fV��uj.= DC�E�b tin
\�
E J L L
0�11 r] Pr3 o ��
IP-
B
r
F
96
3 `
CITY OF NEWPORT BEACH
pUBL{C WORKS DEPARTMENT
Fif fh Ave II u° Watet- Main
Replace an C -2221
L
P DRAWN _
APPROVED
DATE
w
pUBL- t KS DIRECTOR .
R. E
DRAWIN pNO.
G N0.
U
n
r�
4
Z
I�1
A
-ri
M
Lit
.tS
O�
o
r �
rig �
\ I�
W
M.
LO
Cu.
Nu
MINIMUM,
I
Z
I�1
A
-ri
M
Lit
.tS
O�
o
r �
rig �
\ I�
W
M.
LO
Cu.
Iz
1z,
C
S
a
r
n
N
T
N
N
U
O
�.J
x
ri
r,
I.v
m c-) —i
F °z -i
z >
m
N 2
rm h; n
g
O
1�� f
F4 1 1
cn
C
z
J
i
m c-) —i
F °z -i
z >
m
N 2
rm h; n
g
O
1�� f
F4 1 1
cn
C
z
J
x
O
°
L
0
3
a
a
�1
0
mn-4
zo-
o f --i
z z=i Fn
m A
N 2
� A —•fG�
\ p .
bNI Y
II o
I
N
c
z
J
n
3
L4
LN
O
°p
it,
0
ti
Y
=
ti
eIEI
°°18yI0P
p
\
na
2 2
mh
j�Iole
o
�
\
n
O000OO�"
O
y
\
0
00
A
�y
v
t
7
h
R
IS
1 8
i
l0
18
•
1°
1°
o
1E
d�
Y
a
N
a
V
Ci
°
N
V%
O
0
h
to
I*
I
`
ZA
� �
I
•
18
18
�
IY
Ig
i8
lE
l8
•
to
�0
J
Z
lE
►i;lll
I
i
p
p
11
0
O•
s�
I
I
I
N
I
I
!
I•
IEnI
°IE
°�181a18�
p
I
•�
l
{
j
i
l
i
I;
00p
O
p
by
on
p
t�
°N'
IVf
�
N
n
a.
p
2Oo
i�
�
\
a
I
°000
�Ib1el;
i l i:'
i
i
000'
�o
\
I
�
'o•
I=�*
a
I I I I j
pl
0
mn-4
zo-
o f --i
z z=i Fn
m A
N 2
� A —•fG�
\ p .
bNI Y
II o
I
N
c
z
J
n