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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 ƒ§JA[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. 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