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HomeMy WebLinkAboutC-2422 - Balboa Yacht Basin MarinaMay 13, 1985 CITY COUNCIL AGENDA ITEM NO. F -3(a) BY THE CITY COURCII, CITY OF KrffORT VACH TO: CITY COUNCIL MAY 13 'F185 FROM: Public Works Department APPROVED SUBJECT: BALBOA YACHT BASIN MARINA (C -2422) (Edison Easement) RECOMMENDATIONS: Authorize the Mayor and the City Clerk to execute the subject easement to the Southern California Edison Company. DISCUSSION: The City has requested the Southern California Edison Co. to construct a new electrical service to the Balboa Yacht Basin Marina. • The new service requires the installation of Edison facili- ties on City property and the easement is required to provide for the installation and maintenance of their equipment. Benjamin B. Nolan Public Works Director JW:jd c: M .RECO?,�ING REQUESTED BY AND WHO RECORDED MAIL -TO: City Clerk City of Newport Beach 3300 Newport Blvd. : P.O. BOX 1768 Newport Beach, CA 922663.3884 I`RE�NE 8 LC /ivCC l ��f E](tlulPf�� REQUES[ GOVERNMENT MME 6103 YO enmiziDERATin `J a $6=467792 City Gerk Geed °� GRANT OF EASEMENT RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA -12 uu P>7 OCT 6'86 RFCGRDEa Me CITY OF NEWPORT BEACH, a municipal corporation (hereinafter referred to as "Grantor "), hereby grants to SOUTHERN CALIFORNIA EDISON COMPANY, a a corporation, its successors and assigns (hereinafter referred to as "Grantee "), an easement and right of way to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time underground electrical supply systems consisting of wires, underground conduits, cables,.vaults, manholes, handholes, and including above - ground enclosures, markers and concrete pads and other appurtenant fixtures and /or equipment necessary or useful for distri- buting electrical energy in, on, over, under, across and along that certain real property in the county of Orange, State of California, described as follows: A strip of land, six feet in width, located in Block 96, Irvin m Subdivision, in the City of Newport Beach, County of Orange, St �l California, as per map recorded in Book 1, Page 88 of Miscell s � Record Maps in the office of the County Recorder of said Coun th center line of said strip of land being described as follows X01). Blocke96nwith the feet i sidt'f�n�`1 P. � shown on said map as "Pier Avenue "); thence southeasterly alo id �F,9� _ southwesterly line a distance of 250.00 feet; thence norther right angles to said southwesterly line a distance of 35.00 feet the TRUE POINT OF BEGINNING; thence continuing at right angles to sal southwesterly line a distance of 30.00 feet. Said property over which the easement is granted is shown on City of Newport Beach Drawing No. R /W- 5492 -S, a copy of which is marked "EXHIBIT A" and is attached hereto and incorporated herein by reference. The Grantor agrees for itself, its successors and assigns not to erect place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, earth fill or other structures except walls and fences on the herein described easement. The Grantee and its contractors, agents and employees, shall have the right to cut such roots as may endanger or interfere with said systems and shall have free access to said systems and every part thereof, at all times, for the purpose of exercising the rights herein granted; provided, however, that in making any excava- tion on said property of the Grantor, the Grantee shall make the same in such manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practicable. EXECUTED this C5Wday of , 1985. APP VED AS TO FORM: City Attorney ATTEST: z�) City Clerk mrVIN Rom L ..4jew"s �=Jfyijilffl i 8 -467792 4j I. �V. C4 0 II A- I oc* 7/—/ .4 V4e5, �60el7WMCe7,6,el- Y 4 Mle 01-OCZ 66 M. 212 CITY OF NEWPORT BEACH DRAW" -iL. DATE PUBLIC WORKS DEPARTMENT APPROVED J.a. )14rl PUBLIC WORKS DIRECTOR R.E. NO. L28T, j DRAWING NO.,elAl-_54 L SMALL CLAIr•IVISION, COUNTY OF ORANGE, STATE &;,L,4 Liu, C G �: m 4601 Jamboree Blvd., Suite 101 e1J m a� O CA � Newport Beach, Ca. 92660` ac��•�,v SMALL CLAIMS CASE N It— NOTICE TO ALL PLAINTIFFS AND DEFENDANTS: AVISOATODOS LOS DEAI .4NDANTESYDEMANDAD05: Your small claims case has been decided. If you lost the case, Su caso ha sido resuelto por la torte para reclamos judiciales menores. Si la Corte ha dec'idido en su contra y ha ordenado que � and the court ordered you to pay money, your wages, money; usted pague dinero, le pueden quitar su salario, su dinem, yotras and property may be taken without further warning from the cocas de su propiedad, sin aviso adicional por parte de esfa Corte. court. Read the back of this sheet for important information about Lea el reverso de este formulario para obtener informacidn de im- your rights. portancia acerca de sus derechos. F_ PLAINjTIFFIlolEM_ANcANTE IINN ..... al wc�l,,l:(y� PLAINTIFF /DE MANDANTE IN.-, ..d audryf of eecal� �ME,mc.1 A Rc4�� 1010 Wilshire Blvd. 1�+1(i wice;5lr Blvh., $ 681 Zoe Anelea, CA 3027 AW/MW OEF ENDANT /DEMANDADO IN— red aeone,.1 inch /; �y �{ DEFENDANT /DEMANDADO IN...... eld,e..Lech): ( 1) grit. Sa'i sport 3C � / Marco C.onst.. Rngt., Inc. Cjiittg Cli=irl3�.�1p 1917j5y ca��2�le su'erte 336 Newport Boulevard Boulevard i . 0.I Box 696 Newport 3oeach, CA i266$ Camarillo, CA 93011 � � See attached sheet for additional plaintiffs and defendants. a .rrnq;+ NOTICE OF ENTRY OF JUDGMENT m �, Judgm nt was entered as checked below on (date): c- L 2 i 1916 1. Defendant(s) JU CITY OF Y; shall pay the above named plaintiff(s) 19 NEWPORT BEACH, $ _� ll `- : Z L- principal and $ costs on plaintiff's claim. Ct�L��• 2. 0 Defendant does not owe plaintiff any money on plaintiff's claim. 5 OCT 21198611l 3. 0 The above named plaintiff(s) shall pay defendant(s) RECEIVED $ principal and $ costs on defendant's claim. '0, CITY CLERK 4. Plaintiff does not owe defendant any money on defendant's claim. 5. Possession of the following property is awarded to plaintiff (address of property): N 6. Cj Payments are to be made at the rate of $ per month, beginning on (date): and on the day of each month thereafter until paid in full. If any = 1 02 payment(s) is missed, the entire balance becomes due immediately.. 7. Other ispecify). e_PT f[_ -, ETC r"kll CC.n t' I—C� PQAA C' f1 C'_ 1-i /'r 1 0 -C J V 19111✓�r1 � 8.OThis judgment results from a motor vehicle accident on a California highway and was caused by the judgment debtor's operation of a motor vehicle. If the judgment is not paid, the judgment debtor's driver's license may be suspended by taking this form to DMV 90 days after the date of this notice (C.C.P. 117.24). 9. Enforcement of the judgment is automatically postponed until the time for filing an appeal expires, (20 days from date this notice was mailed if defendant appeared at the trial or 30 days if defendant did not appea0and if filed, until the appeal is decided. 10 =This notice was personally delivered to (insert name and date): 11. CLERK'S CERTIFICATE OF MAILING - I certify that I am not a party to this action. This Notice of Entry of Judgment was mailed first class, postage prepaid, in a sealed envelope to the parties at the addresses shown above. The mailing and this certification occurred at the place and on the date shown below. Place of mailing: Newport Beach, California, JUL Date of mailing: UL % ? MIS �• KL; J. PETERSON Clerk, by Deputy — You have a right to a small claims advisor free of charge. Read the information sheet on the reverse. — Form Approved by The Judicial Council of California NOTICE OF ENTRY OF JUDGMENT Role 981.7 SC.1301acv January 1. 19851 (Small Claims) For further infoL ation on the Small Claims Advisory Program, pjipne (714) 834 -2502. _7 INFORMATION AFTER GMENT INFORMACIONSPUfS DEL FALLO DE LA CORTE Your small claims case has been decided. The judgment or decision of the court appears on the front of this sheet. The court may have ordered one party to pay money to the other party. The winner of the case and the person who can collect the money is called the judgment creditor. The loser of the case and the person who owes the money is called the judgment debtor. Enforcement of the judgment is postponed until after the time for appeal ends (20 days from date this notice was mailed if defendant appeared at the trial or 30 days if defendant did not appear) or until after the appeal is decided. This means that the judgment creditor cannot collect any money or take any action until after this period is over. Generally, both parties may be represented by lawyers after judgment. IF YOU LOST THE CASE . . . 1. If you lost the case on your own claim and the court did not award you any money, the court's decision on your claim is FINAL. You may not appeal your own claim. 2. If you lost the case and the court ordered you to pay money, your money and property may be taken to pay the claim unless you do one of the following things: a. PAY THE JUDGMENT The law requires you to pay the amount of the judgment. You may also ask the court to order monthly payments you can afford. Ask the clerk for information about this procedure. b. APPEAL If you disagree with the court's decision, you may appeal the decision on the other patty's claim. You may not appeal the decision on your own claim. If you appeared at the trial, you must begin your appeal by filing a form called a Notice of Ap- peal within 20 days after the date this Notice of Entry of Judg- ment was mailed or delivered to you. Your appeal will be in the superior court. You will have a new trial. You may be represented by a lawyer. Contact clerk for filing fees. c. VACATE OR CANCEL THE JUDGMENT If you did not go to the trial, you may ask the court to vacate or cancel the judgment. To make this request, you must file a Motion to Vacate the Judgment within 30 days after the date this Notice of Entry of Judgment was mailed or delivered to you. If your request is denied, you then have 10 days from the date the motion was denied to appeal the denial. The period to file the Motion to Vacate the Judgment is 180 days if you were not properly served with the claim. The 180 -day period begins on the date you found out or should have found out about the judgment against you. IF YOU WON THE CASE . t. If you were sued by the other party and you won the case, then the other party may not appeal the court's decision. 2. If you won the case and the court awarded you money, here are some steps you may take to collect your money or get possession of your property: a. COLLECTING FEES Sometimes fees are charged for filing court papers or for ser- ving the judgment debtor. These extra costs can become part of your original judgment. To claim these fees, ask the clerk for a Memorandum of Costs. e' b. VOLUNTARY PAYMENT Ask the judgment debtor to pay the money. If your claim was for possession of rental property, ask the judgment debtor to move out. THE COURT WILL NOT COLLECT THE MONEY OR ENFORCE THE JUDGMENT FOR YOU. c. STATEMENT OF ASSETS If the judgment debtor does not pay the money, the law re- quires the debtor to fill out a form called the Judgment Debtor's Statement of Assets. This form will tell you what property the judgment debtor has that may be available to pay your claim. If the judgment debtor willfully fails to send you the completed form, you may ask the court to impose penalties. d. ORDER OF EXAMINATION You may also make the debtor come to court to answer ques- tions about income and property. To do this, ask the clerk for an Order of Examination. There is no fee for this order, but there is a fee if a law officer serves the order on the judg- ment debtor. WRIT OF EXECUTION After you find out about the judgment debtor's property, you may ask the court for a Writ of Execution. A writ of execution is a court paper which tells a law officer to take property of the judgment debtor to pay your claim. Here are some examples of the kinds of property the officer may be able to take: wages, bank account, automobile, business property, or rented property. For some kinds of property, you may need to file other forms. See the law officer for information. f. ABSTRACT OF JUDGMENT The judgment debtor may own land or a house or other buildings. You may want to put a lien on the property so that you will be paid if the property is sold. You can get a lien by filing an Abstract of Judgment with the County Recorder in the county where the property is located. The recorder will charge a fee for the Abstract of Judgment. NOTICE TO THE WINNING PARTY — As soon as you have been paid in full, you must fill out the form below and mail it to the court immediately or you may be fined. If an Abstract of Judgment has been recorded, you must use another form; see the clerk for the proper form. SMALL CLAIMS CASE NO. ACKNOWLEDGMENT OF SATISFACTION OF JUDGMENT (Do not use this form if an Abstract of Judgment has been recorded.) To the Clerk of the Court: I am the = judgment creditor 0 assignee of record. I agree tr•.., thr; judgment in this action has been paid in full or otherwise satisfied. Date; L NOTICE AHE MUNICIPAL COU of Case Number ORANGE COUNTY HARBOR JUDICIAL DISTRICT COUNTY OF ORANGE, STATE OF CALIFORNIA 4601 Jamboree Boulevard, Suite 101, Newport Beach 92660 SC 115 361 i Pacific Belles Ptr_ vs. rite of Mk%wpnnrt Bearh C4+v Cler4 of a7 Plantiff(s) Defendants) Russell A. Bnstrnm Judge /,Rg)Wpjt�Ar , , on _ August 12, 1086 You are hereby notified that Court has ordered the judgment entered in the above entitled actl on corrected nunc pro tune to reflec the following: Judgment entered against City of Newport Beach City Clerk in the amount of $146,33, and Judgment entered against Nlerco Const. Engr., Inc., for the amount of $146.33. These figures both include costs. Time to appeal is within 20 days from the date of this notice. Dated August 12, 1986 Pacific Bel), a corporation 1010 Wilshire Blvd., Room 621 Los Angeles, California 90017 City of Newport Beach city C'ierk 3300 Newport Blvd. Newpoort Beach, California 92669 Merco Const. Engr, Inc. i 1 1175 Calle Suerte P.O. Box 686 Camarillo, California 93011 Y I J. PETERSON Clerk of the above- emifled court CITY OF %g S NEWPCRT BEACH `• QI. . ' b. Auc20198s- vRECElVED rt CITY CLERK CLERK'S CERTIFICATE OF SERVICE ] P. Byrd Deputy 1 certify that I am not a party to this cause and that a copy of the foregoing was mailed first class, postage prepaid, In a sealed envelope, addressed as shown above and that the mailing of the foregoing and execution of this certificate occurred at Newport Beach, California on ;.trust 12. 10.85 ® FOW-24t0-I (Rt0(841 J. PETERSON Clerk of the above - entitled court By Deputy P. Byrd a 4 0 "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accor- dance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." OCTOBER 10, 19B4 Da to Balboa Yacht Basin Marina (C -2422) signature i' ARNOLD HEIRSHBERG, ORATESECRETARY NC. RICHARD H. FLOUM MELVYN MASON DIXON O. DERN DIANE L. BECKER ERNEST DEL JAMES SCHOENFIELD MICHAEL A. RUBEL DAVID S. WHITE LINDA R. SNYDER GREG DAVID DERIN NINA L. SHAW BURTON FALK BRUCE ROSENBLUM PINCKNEY N. WHITFIELD JEAN E. TANAKA EDWARD G. BURG ELAINE E. REYNOLDS ELSA BANUELOS LAW OFFICES DERN, MASON 8 FIOUM A PROFESSIONAL CORPORATION 2049 CENTURY PARK EAST, SUITE 2060 LOS ANGELES, CALIFORNIA 9006]-319] June 20, 1986 Mr, Pat Dunigan City of Newport Beach Planning Office Post Office Box 1768 Newport Beach, California 92658 -8915 Re: Balboa Yacht Basin Marina Dear Mr. Dunigan: OF COUNSEL ANDREW C. RIGROD JAMES S. MULHOLLAND AREA CODE 213 TELEPHONE SS2 -0700 TELEX: I83 096 OMF LAW LA r AWN ✓✓'4 Pursuant to your request, enclosed are additional copies of the Release of Stop Notices and the Settlement Agreement and Mutual Releases executed by Bowers Tractor Service, Amfac and ITT Grinnell. CM: pm Encls. DICTATED BUT NOT READ Date��� COPIES STITTQ • Mayor • Cou men O ger iirkorney O Bldg. Dir. ❑ Gansm Dir. pp�SRDir. ❑ Planning Mr. pP eMet mrPVC Dtr er Very trul y CZ:v 61 yours, CAROL MINUCK, . Legal Assistant for DERN, MASON & FLOUM � i 6 PJRIIC jv R' JIN23!ggG 9 OACIFF NEWPORT f CALIF RELEASE OF STOP NOTICE TO: Controller's Office, City of Newport Beach 3300 Newport Boulevard Newport Beach, California 95663 -3884 RE: BALBOA YACHT BASIN MARINA Newport Beach, California You are hereby notified that the undersigned claimant releases that certain Stop Notice dated September 6, 1985, in the amount of $15,364.34 against Dewpoint Construction as owner or public body and as prime contractor in connection with the work of improvement known as BALBOA YACHT BASIN MARINA in the City of Newport Beach, County of Orange, State of California. DATED: �� 2S-1 PL ITT GRINNELL CORPORATION By: Title: l 7S 7- r, R N 4-1 Address: 725:'29 9 9 SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE This Settlement Agreement and Mutual General Release (the "Agreement ") is entered into and effective as of the day of May, 1986 by and among Merco Construction Engineers, Inc. (herein "Merco "), Industrial Indemnity Company, and the City of Newport Beach (herein collectively "the Merco Parties "); and ITT Grinnell Corporation (herein "Grinnell ") NOW, THEREFORE, the parties agree as follows: 1. Payment. Concurrently with the execution of this Agree- ment, the Merco Parties shall deliver a check in the amount of $6,000.00 to Grinnell. 2. Dismissal of Complaint Against The Merco Parties; Release of Stop Notice and Bond Claim. (a) Concurrently with all parties' execution of this Agreement, Grinnell shall deliver to counsel for the Merco Parties to file a duly executed Request for Dismissal with prejudice of the Complaint against the Merco Parties only in Orange County Municipal Court, Harbor Judicial District, Action No. 74944 (the "Lawsuit ") in the form attached hereto as Exhibit "A" (b) Concurrently with all parties' execution of this Agreement, Grinnell shall deliver to counsel for the Merco `• 1 0 9 Parties to file a duly executed Release of Stop Notice in the form attached hereto as Exhibit nBn. 3. Retention of Documents. Grinnell agrees to retain all records in its possession or under its control relating to the lawsuit for a `r . 0 0 4. Releases. (a) From and upon its execution of this Agreement and for good and valuable consideration, receipt of which is hereby acknowledged, Grinnell fully and forever releases the Merco Parties, and each of them, from any and all claims, demands, contracts, obligations, controversies, expenses, liabilities and causes of action whatsoever which Grinnell, possesses, which have arisen prior to the date hereof or which may hereafter be claimed to arise, whether known or unknown, which relate to the subject of the Lawsuit or which might have been alleged as a claim or demand in the Lawsuit, and /or relating to, arising out of or otherwise concerning the Lawsuit (herein- after collectively the "Grinnell Released Claims "). (b) From and upon their execution of this Agree- ment, for good and valuable consideration, receipt of which is hereby acknowledged, the Merco Parties fully and forever release Grinnell from any and all claims, demands, contracts, obligations, expenses, liabilities and causes of action whatso- ever which the Merco Parties possess, which have arisen prior to the date hereof or which may hereafter be claimed to arise, whether known or unknown, which relate to the subject of the Lawsuit or which might have been alleged as a claim or demand in the Lawsuit, and/or relating to, arising out of or otherwise concerning the Lawsuit (hereinafter the "Merco Released Claims "). (c) All parties to this Agreement shall bear their own attorneys' fees, costs and expenses incurred in the 3. 69A1 Lawsuit. (d) None of the above releases or the settlement which is hereby entered into by the parties is intended to be or shall be deemed, construed or treated in any respect as an admission of liability by any person or entity for any purpose. 5. Nature of Releases. Each party hereto understands and agrees that all releases made under paragraph 2 hereof include all claims of every nature and kind, whether known or unknown, suspected or unsuspected and that all rights under Section 1542 of the Civil Code of California are hereby intentionally and expressly waived and relinquished. Section 1542 provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Having had the legal effect of California Civil Code Section 1542 explained to them by their own counsel, the parties knowingly and intentionally waive and relinquish all rights thereunder. 6. General Provisions. (a) Successors and Assigns. Except where expressly provided to the contrary, this Agreement, and all provisions hereof, shall inure to the benefit of and be binding upon the parties hereto, their successors in interest, assigns, administrators, executors, heirs and devisees. 4. W7 I (b) Construction. This Agreement shall be governed by and con- strued in accordance with the laws of the State of Calitornia applicable to contracts entered into and fully to be performed therein. In all matters of interpretation, whenever necessary to give effect to any provision of this Agreement, each gender shall include the others, the singular shall include the plural, and the plural shall include the singular. The titles of the paragraphs of this Agreement are for convenience only and shall not in any way affect the interpretation of any provision or condition of this Agreement. All remedies, rights, undertakings, obligations and agreements contained in this Agreement shall be cumulative and none of them shall be in limitation of any ottuer remedy, right, undertaking, obligation or agreement of any party. (c) Entire Understanding. This Agreement contains the entire under- standing of the parties hereto relating to the subject matter contained herein and supersedes all prior and collateral agree- ments, understandings, statements and negotiations of the parties. Each party acknowledges that no representations, inducements, promises, or agreements, oral or written, with reference to the subject matter hereof have been made other than as expressly set forth herein. This Agreement cannot be changed, rescinded or terminated orally. (d) Authorization. Each person executing this Agreement on 5. �i behalf of a party represents and warrants that he or she has I been duly authorized to enter into this Agreement on its behait. f. (e) Counterparts. This Agreement may be executed in counter- parts which, taken together, shall constitute the whole of the agreement between the parties. MERCO CONSTRUCTION ENGINEERS, INC., CITY OF NEWPORT BEACH, and INDUSTRIAL INDEftNITY COMPANY By kQ , ,L &"�" DIANE L. BECKER ITT GkINNELL CORPORATIO By �- ,`. -Q' ..y-1 - F. DOUGLAS TAYLOR J 6. i RELEASE OF STOP NOTICE TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard, Newport Beach, California 92663 You are hereby notified that the undersigned claimant releases that certain Stop Notice dated October 30, 1985, in the amount of $3,413.50 against Dewpoint Construction as owner or public body and as prime contractor in connection with the work of improvement known as Balboa Yacht Basin Marina in the City of Newport Beach, County of Orange, State of California. DATE: May 3, 1986 Name of Claimant BOWERS TRACTOR SERVICE,INC. By i Hugo Wm. Anderson, Jr. Attorney for Bowers Tractor SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE This Settlement Agreement and Mutual General Release (the "Agreement ") is entered into and effective as of the S� day of May, 1986 by and among Merco Construction Engineers, Inc. (herein "Merco "), Industrial Indemnity Company, and the City of Newport Beach (herein collectively "the Merco Parties "); and Bowers Tractor Service Inc. (herein "Bowers "). NOW, THEREFORE, the parties agree as follows: 1. Payment. Concurrently with the execution of this Agree- ment, the Merco Parties shall deliver a checK in the amount of $2,900.00 to Bowers. 2. Dismissal of Complaint Against The Merco Parties; Release of Stop Notice and Bond Claim. (a) Concurrently with all parties' execution of this Agreement, Bowers shall deliver to counsel for the Merco Parties to file a duly executed Request for Dismissal with prejudice of the Complaint against the Merco Parties only in i Action No. 188687 (the "Lawsuit ") in the form attached hereto as Exhibit "A ". (b) Concurrently with all parties' execution of this Agreement, Bowers shall deliver to counsel for the taerco 725:26 Parties to file a duly executed Release of Stop Notice in the form attached hereto as Exhibit "B ". 3. Releases. (a) From and upon its execution of this Agreement and for good and valuable consideration, receipt of which is hereby acknowledged, Bowers fully and forever releases the Merco Parties, and each of them, from any and all claims, demands, contracts, obligations, controversies, expenses, liabilities and causes of action whatsoever which Bowers, possesses, which have arisen prior to the date hereof or which may hereafter be claimed to arise, whether known or unknown, which relate to the subject of the Lawsuit or which might have been alleged as a claim or demand in the Lawsuit, and /or relating to, arising out of or otherwise concerning the Lawsuit (hereinafter collec- tively the "Bowers Released Claims "). (b) From and upon their execution of this Agree- ment, for good and valuable consideration, receipt of which is hereby acknowledged, the Merco Parties fully and forever release Bowers from any and all claims, demands, contracts, obligations, expenses, liabilities and causes of action whatso- ever which the Merco Parties possesses, which have arisen prior to the date hereof or which may hereafter be claimed to arise, — whether known or unknown, which relate to the subject of the — Lawsuit or which might have been alleged as a claim or demand in the Lawsuit, and /or relating to, arising out of or otherwise concerning the Lawsuit (hereinafter the "Merco Released Claims "). L 2. Li (c) All parties to this Agreement shall bear their own attorneys' fees, costs and expenses incurred in the Lawsuit. (d) None of the above releases or the settlement which is hereby entered into by the parties is intended to be or shall be deemed, construed or treated in any respect as an admission of liability by any person or entity for any purpose. 4. Nature of Releases. Each party hereto understands and agrees that all releases made under paragraph 3 hereof include all claims of every nature and kind, whether known or unknown, suspected or unsuspected and that all rights under Section 1542 of the Civil Code of California are hereby intentionally and expressly waived and relinquished. Section 1542 provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Having had the legal effect of California Civil Code Section 1542 explained to them by their own counsel, the parties Knowingly and intentionally waive and relinquish all rights thereunder. 5. General Provisions. (a) Successors and Assigns. Except where expressly provided to the contrary, this Agreement, and all provisions hereof, shall inure to the benefit of and be binding upon the parties hereto, 3. their successors in interest, assigns, administrators, executors, heirs and devisees. (b) Construction. This Agreement shall be governed by and con- strued in accordance with the laws of the State of California applicable to contracts entered into and fully to be performed therein. In all matters of interpretation, whenever necessary to give effect to any provision of this Agreement, each gender shall include the others, the singular shall include the plural, and the plural shall include the singular. The titles of the paragraphs of this Agreement are for convenience only and snail not in any way affect the interpretation of any provision or condition of this Agreement. All remedies, rights, undertakings, obligations and agreements contained in this Agreement shall be cumulative and none of them shall be in limitation of any other remedy, right, undertaking, obligation or agreement of any party. (c) Entire Understanding. This Agreement contains the entire under- standing of the parties hereto relating to the subject matter contained herein and supersedes all prior and collateral agree- ments, understandings, statements and negotiations of the parties. Each party acknowledges that no representations, inducements, promises, or agreements, oral or written, with reference to the subject matter hereof have been made other than as expressly set forth herein. This Agreement cannot be changed, rescinded or terminated orally. 4. (d) Authorization. Each person executing this Agreement on behalf of a party represents and warrants that he or she has been duly authorized to enter into this Agreement on its behalf. (e) Counterparts. This Agreement may be executed in counter- parts which, taken together, shall constitute the whole of the agreement between the parties. MERCO CONSTRUCTION ENGINEERS, INC., CITY OF NEWPORT BEACH, and INDUSTRIAL INDEMNITY By / DIANE L. BECKER BOWERS TRACTOR SERVICE By H GO ANDERSON t C 5. :171 :'} • y ►0• 9 6 M In consideration of the payment of $ 659.69 receipt of which is hereby conditional AMFAC DISTRIBUTION, CORPORATION dba AMF,'C MEaMICAL SUPPLY CO., and dba AMFAC PLUMBING SUPPLY CO. (Claimant) does hereby release that certain Stop Notice dated November 6, 1985 in the amount of $1,315.38 served upon CITY OF NEWPORT BEACH in connection with the project known as BALBOA YACHT BASIN, 829 Harbor Island Drive, Newport Beach, CA DATED: APRIL 11, 1986 C; .,ohn Beck TITLE: REGIONAL CRREDIT MANAGER SETTLEMENT AGREEMENT AND MUTUAL GENERAL RELEASE This Settlement Agreement and Mutual General Release (the "Agreement ") is entered into and effective as of the day of April, 1986 by and among Merco Construction i Engineers, Inc. (herein "Merco "), Industrial Indemnity Company, and the City of Newport Beach (herein collectively "the Merco Parties "); and Amfac Distribution Corporation (herein "Amfac ") NOW, THEREFORE, the parties agree as follows: 1. Payment. Concurrently with the execution of this Agree- ment, the Merco Parties shall deliver a check in the amount of $657.69 to Amfac. 2. Dismissal of Complaint Aqainst The Merco Parties; Release of Stop Notice and Bond Claim. (a) Concurrently with all parties' execution of this Agreement, Amfac shall deliver to counsel for the Merco Parties to file a duly executed Request for Dismissal without prejudice of the Complaint against the Merco Parties only in Action No. 75652 (the "Lawsuit ") in the form attached hereto as Exhibit "A ". (b) Concurrently with all parties' execution of this Agreement, Amfac shall deliver to counsel for the Merco 725:27 Parties to file a duly executed Release of Stop Notice in the form attached hereto as Exhibit "B ". 3. Releases. (a) From and upon its execution of this Agreement and for good and valuable consideration, receipt of which is hereby acknowledged, Amfac fully and forever releases the Merco Parties, and each of them, from any and all claims, demands, contracts, obligations, controversies, expenses, liabilities and causes of action whatsoever which Amfac, possesses, which have arisen prior to the date hereof or which may hereafter be claimed to arise, whether known or unknown, which relate to the subject of the Lawsuit or which might have been alleged as a claim or demand in the Lawsuit, and /or relating to, arising out of or otherwise concerning the Lawsuit (hereinafter collec- tively the " Amfac Released Claims "). (b) From and upon their execution of this Agree- ment, for good and valuable consideration, receipt of which is hereby acknowledged, the Merco Parties fully and forever release Amfac from any and all claims, demands, contracts, obligations, expenses, liabilities and causes of action whatso- ever which the Merco Parties possesses, which have arisen prior to the date hereof or which may hereafter be claimed to arise, whether known or unknown, which relate to the subject of the Lawsuit or which might have been alleged as a claim or demand in the Lawsuit, and /or relating to, arising out of or otherwise concerning the Lawsuit (hereinafter the "Merco Released Claims "). 2. 1 (c) All parties to this Agreement shall bear their own attorneys' fees, costs and expenses incurred in the Lawsuit. (d) None of the above releases or the settlement which is hereby entered into by the parties is intended to be or shall be deemed, construed or treated in any respect as an admission of liability by any person or entity for any purpose. 4. Nature of Releases. Each party hereto understands and agrees that all releases made under paragraph 2 hereof include all claims of every nature and kind, whether known or unknown,.suspected or unsuspected and that all rights under Section 1542 of the Civil Code of California are hereby intentionally and expressly waived and relinquished. Section 1542 provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Having had the legal effect of California Civil Code Section 1542 explained to them by their own counsel, the parties knowingly and intentionally waive and relinquish all rights thereunder. 5. General Provisions. (a) Successors and Assigns. Except where expressly provided to the contrary, this Agreement, and all provisions hereof, shall inure to the benefit of and be binding upon the parties hereto, 3. their successors in interest, assigns, administrators, executors, heirs and devisees. (b) Construction. This Agreement shall be governed by and con- strued in accordance with the laws of the State of California applicable to contracts entered into and fully to be performed therein. In all matters of interpretation, whenever necessary to give effect to any provision of this Agreement, each gender shall include the others, the singular shall include the plural, and the plural shall include the singular. The titles of the paragraphs of this Agreement are for convenience only and shall not in any way affect the interpretation of any provision or condition of this Agreement. All remedies, rights, undertakings, obligations and agreements contained in this Agreement shall be cumulative and none of them shall be in limitation of any other remedy, right, undertaking, obligation or agreement of any party. (c) Entire Understanding. This Agreement contains the entire under- standing of the parties hereto relating to the subject matter contained herein and supersedes all prior and collateral agree- ments, understandings, statements and negotiations of the parties. Each party acknowledges that no representations, inducements, promises, or agreements, oral or written, with reference to the subject matter hereof have been made other than as expressly set forth herein. This Agreement cannot be changed, rescinded or terminated orally. 4. (d) Authorization. Each person executing this Agreement on behalf of a party represents and warrants that he or she has been duly authorized to enter into this Agreement on its behalf. (e) Counterparts. This Agreement may be executed in counter- parts which, taken together, shall constitute the whole of the agreement between the parties. MERCO CONSTRUCTION ENGINEERS, INC., CITY OF NEWPORT BEACH, and INDUSTRIAL INDEMNITY By -ft �t f - k 1, / DIANE L. BECKER AMFAC DISTRIBUTION CORPORATION Byer.: , ELI J. K P ES 5. 0 i . �ond No. Premium $326.00 b7 TO RELEASE MONEY WITHHELD ON STOP NOTICE - PUBLIC WORK KNOW ALL MEN BY THESE PRESENTS, That we, MERCO CONSTRUCTION ENGINEERS, of Gama —CITY Of NEWPORT BEACH, CALIF. MAR S 1986' RECEIVED CITY CLERK hereinafter called Principal, as Principal, and COMPANY a corporation organized and existing under the laws of the State of NEW YORK with principal place of business in MORRIS, NEW JERSEY and authorized to transact business in the State of California, hereinafter called Surety, are held and firmly bound unto THE CITY OF NEWPORT BEACH, CALIFORNIA and any authority, or authorities ;'board of boards, officer of officers having control or distribution of money due, or to become due under the contract, here- inafter called Obligee, in the sum of THIRTY TWO THOUSAND FIVE HUNDRED NINETY SIX AND 38 /10OTHS---- -------- DOLLARS ($ 32,596.38 --) lawful money of the United States of America,, for the payment''of which sum, well and truly to be made, the said Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally firmly by these presents. THE CONDITION 09 THE ABOVE OBLIGATION IS SUCH, That WHEREAS, the said Principal was awarded and entered into a written contract, dated on or about 10/5/84 with the Obligee, for r.DN(;TRTTf TTC)N f)F RAT ROA YACHT RAQTN MARTNA CONTRACT NO. C -2422 and WHEREAS, a certain stop - notice has beer. filed against payments which are due the said Principal in connection with said 11contract,. in the amount of TWENTY SIX THOUSAND SEVENTY SEVEN AND 10,100THS2D0�LAitSO$y GRAYBAR ELECTRIC AND WHEREAS, the said Principal disputes the•'correctrness or validity of enforce - ability of the stop- notice so filed, and desires that the funds now due him under the provisions of said contract shall be delviered to him notwithstanding said stop= notice. NOW, THEREFORE, if the above named Principal shall pay any sum which the stop - notice+tlaimant may recover on the claim together with his costs of suit in the action, if he recovers therein, not exceeding the penal sum of this bond, then this obligation shall be.void, otherwise it shall be and remain in full force N N and effect. .THIS BOND IS GIVEN AND ACCEPTED under and in accordance with the provision of Se .,tion 3196 of the Civil Code of the State of California Signed, sealed and dated this 20th day of February 19 86 .. Y..::� Date COMES SENT M. ❑ Mayor ci C9anciimen [YM gee orl ❑ B!dg. Dir. ❑ Gen--',cry Mr. O`rJ &R Dir. O Planning ir. 0 Po6 Chief M KW. Dir IY15C P2 (8./ Oil UNITED STATES FIRE INSURANCE COMPANY _ Surety By: Judith/ A. Sweeney Attorney- n -fact m W 0 3 o � io 0 3 3 y mc�ozn rS� :H dog � O �o fD J !.1 D R o da � m o 3 O J S 0 o d O v n 0 a 1 C C CL 3 ti a o z P. o rt y^ X < 9 v c v CD CC Dp N d a C .Oe � O r 0 y� z h r G7 n 9 C H ni O z H 9 n w rt (D 't m O a m n w 0 p 7 m o' tt C w n N O r 00 m a` o- 0 m 3 m C d O 3 d A < m a fn d N N a 3 c m > > O, m a x n O m n m 3 c o. — � ° s 0 p ?. rt in S N o > > K p S � O � V N N w C O N O � 0 s m m 3 !.1 D R o da � m o 3 O J S 0 o d O v n 0 a 1 C C CL 3 ti a o z P. o rt y^ X < 9 v c v CD CC Dp N d a C .Oe � O r 0 y� z h r G7 n 9 C H ni O z H 9 n w rt (D 't m O a m n w 0 p 7 m o' tt C w n N O r 00 m a` o- 0 m 3 m _ POWER OF ATTORNEY UaD STATES FIRE INSURANCE CONY PRINCIPAL OFFICE, NEW YORK, N.Y. KNOW ALL MEN BY THESE PRESENTS: That UNITED STATES FIRE INSURANCE COMPANY ( "Company "), a cor- poration duly organized and existing under the laws of the State of New York, and having its administrative offices in the % Township of Morris, State of New Jersey, has made, constituted and appointed, and does by these presents make, con - stitute and appoint Judith A. Sweeney of Orange, California its true and lawful Agent(s) and Attorney(s)-in-Fact, with full power and authority hereby conferred in its and to bind the Company thereby as fully and to the same extent as if such bonds had been duly executed and acknow. ledged by the regularly elected officers of the Company at its principal or administrative offices in their own proper persons. This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated. This Power of Attorney revokes all previous powers issued in behalf of the attorney(s) -in -fact named above. IN WITNESS WHEREOF United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 11th day of September i9 A4 . Richard A. Annese STATE OF NEW JERSEY) ss: COUNTY OF MORRIS ) UNITED STATES FIRE INSURANCE COMPANY Vice Presideniv Donald F. McLaughlin On this 11th day of September 19.8 , before the subscriber, a duly qualified N c of the State of New Jersey, came the above- mentioned Vice President and Assistant Secret y yRIB" Fire Insurance Company, to me personally known to be the officers described in, and who execut preceding ens, and they acknowledged the execution of the same, and being by me duly sworn, de- pose sai tmey ate a officers of said Company aforesaid, and that the seal affixed to the preceding instrument is th orpor�f said mpany, and the said Corporate Seal and their signatures as officers were duly affixed and sub b� to a W Anstru* by the authority and direction of the said Company. IN TE �!d OF, 1 have hereunto set my hand and affixed my seal at the Township of Morris, the day and y written. SALLY J. DeCE NEW (Signed) NOTARY PUBLIC OF NEW JERSEY. —_- (Seal) My Commission Expires Oct. 14, 1987 otary Public This Power of Attorney is granted pu uant to Article IV of the By -laws of UNIT STATES FIRE NSURANCE COM- PANY as now in full force and effect Which provides as follows: ' ARTICLE IV., Executiorrof Instruments: "The Chairman of the Board, Vice - Chairman of the Board, President, or any Vice - President, in conjunction with the Secretary, or any Secretary, if more than one shall be appointed by the Board, or an Assistant Secretary, shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation." This Power of Attorney is signed and sealed under and by the authority of Article III, Section 9 of the By -Laws of the UNITED STATES FIRE INSURANCE COMPANY as now in full force and effect and which provides as follows: ARTICLE (ff., Section 9. Facsimile Signatures: "The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed facsimile, lithographed, or otherwise produced.... The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued." CERTIFICATE State of New Jersey County of Morris 1, the undersigned, Assistant Secretary of UNITED STATES FIRE INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing POWER OF ATTORNEY remains in full force and effect and has not been revoked and furthermore that the above quoted abstracts of Article IV. and Article III., Section 9. of the By -Laws of the Company are now in full force and effect. In Testimony Whereof, I have hereunto subscribed my name and affixed the corporate seal of the -said Company, this 20th day of February 19 86 By 1M.4.tl V( Assistant Secretary Charles R. Van Buskirk FM 203.0.131 (7 -75) �j , Bond No.: YS880 -1637 . Premium: $69.00 Annum . Executed In Duplicate BOND TO RELEASE MONEY WITHHELD ON STOP NOTICE KNOW ALL MEN BY THESE PRESENTS: That we, MERCO CONSTRUCTION ENGINEERS, INC. Post Office Box 686, Camarillo, CA 93011---------------------------------- hereinafter called Principal, as Principal, and UNITED STATES FIRE INSURANCE COMPANY a corporation organized and existing under the laws of the State of New York , and authorized to transact business in the State of California, hereinafter called Surety, as Surety, are held and firmly bound unto he CITY OF NEWPORT BEACH 3300 Newport Boulevard (P.O. Box 1768) Newport Beach, CA 926 6-3884 and any authority or authorities, board or boards, officer or officers having control over distribution of money due, or to become due under the contract, hereinafter called the Obligee, in the sum of SIX THOUSAND, EIGHT HUNDRED SIXTY -FOUR and NO %100 ---------------------- ($ 6,864.00 )Dollars, lawful .money of the United States of A7erica, for the paym- of which sum, well and truly to be made, the said Principal and Surety bind themselves, rs, executors, administrators, successors and assigns, jointly and severally firmly bff// •nts. r LyU �y� THE CONDITION OF THE ABOVE OBLIGATION WHEREAS, the said Principal was aw , „�y�(ih�v fCt��J`�'f� _),3n contract dated on or about the 17th day of October, 19� rr Cs CLN".i the Obligee for the construction of BALBOA YACHT BASIN '12422 CITY OF NEWPORT BEACH, CALIFORNIA Iv and WHEREAS, a certain Stop Notice under dat,ltctober 9, 1985 has been filed against payments which are due th. ,aid Principal in connection with said contract, in the amount of FIVE THOUSAND, FOUR HUNDRED NINETY -ONE and 20/100 ------------- ------------- --------- - - - - -- ($5,491.20 ) Dollars, BY: LOCAL UNION NO. 441 INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS ; and WHEREAS, the said Principal disputes the correctness and validity of said claim so filed, and desires that the funds now due him under the provisions of said contract shall be delivered to him notwithstanding said Stop Notice NOW, THEREFORE, if the above named Principal shall fully protect the Obligee, herein, against any loss by reason of or arising out of the acceptance of this bond, or the release of said moneys, or the payment thereto to said Principal, and shall pay any sum which said claimant may recover on said claim, together with the cost of suit in said action, not exceeding the penal sum of this bond, then this obligation shall be void, otherwise it shall be and remain in full force and effect. This bond is given and accepted under and in accordance with of the Civil Code of the State of California. SIGNED, SEALED and DATED this UNITED STATES FIRE INSURANCE COMPANY Surety _I W Rinse Attorney -in -Fact 505 S. Virgil Avenue Los Angeles, CA 90020 Surety Address 15th da MERCO provisions of Section 3196 , INC. 19 86. \ / } ] k cn / CL } ( ) ƒ\ cr CL \ / CL { § ■B ) m § } ) ) % 2 t § � ? or 3 ( ( _ tq\\! 73fRR \ k cn / CL } ( ) ƒ\ cr CL \ / CL { § ■B ) m § } ) ) % 2 t § � ? or 3 Yus Former of Attorney is granted pu nt to Article IV of the BY-Laws of UNITE ATES FIRE INSURANCE COM- PANY as now in full force and effect alWhich provides as follows: ARTICLE IV., Execution of Instruments: "The Chairman of the Board, Vice - Chairman of the Board, President, or any Vice - President, in conjunction with the Secretary, or any Secretary, if more than one shall be appointed by the Board, or an Assistant Secretary, shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the sea] of the Corporation." This Power of Attorney is signed and sealed under and by the authority of Article 111, Section 9 of the By -Laws of the UNITED STATES FIRE INSURANCE COMPANY as now in full force and effect and which provides as follows: ARTICLE III., Section 9. Facsimile Signatures: "The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed facsimile, lithographed, or otherwise produced.... The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued." CERTIFICATE State of New Jersey County of Morris I, the undersigned, Assistant Secretary of UNITED STATES FIRE INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing POWER OF ATTORNEY remains in full force and effect and has not been revoked and furthermore that the above quoted abstracts of Article IV. and Article 111., Section 9. of the By -Laws of the Company are now in full force and effect. In Testimony Whereof, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this L-6 9b day of _off.. 19-66_. By Ass' rant Secretary John K. Stewart FM 203.0.131 R -751 POWER OF ATTORNEY I 4 UN TED STATES FIRE INSURANCE COM NY a* PRINCIPAL OFFICE, NEW YORK, N.Y. KNOW ALL MEN BY THESE PRESENTS: That UNITED STATES FIRE INSURANCE COMPANY ( "Company "),a cor� poration duly organized and existing under the laws of the State of New York, and having its administrative offices in the Township of Morris, State of New Jersey, has made, constituted and appointed, and does by these presents make, con - stitute and appoint J. W. Rose of Orange, California its true and lawful Agent(s) and Attorney(s)-in -Fact, with full power and authority hereby conferred in its and to bind the Company thereby as fully and to the same extent as if such bonds had been duly executed and acknow- ledged by the regularly elected officers of the Company at its principal or administrative offices in their own proper persons. This Power of Attorney limits the act of those named therein to the bonds . and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated. This Power of Attorney revokes all previous powers issued in behalf of the attorney(s) -in -fact named above. IN WITNESS WHEREOF United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 2nd day of October 19 =. Y1 Attest: UNITED STATES FIRE INSURANCE COMPANY TI Assistant Secretary ViaN President Richard A. Annese Harr F. Bott STATE OF NEW JERSEY) ss.: COUNTY OF MORRIS ) On this 7ted.StI46-,he day of October 19 81 , before the subscriber, a duly qualifi IzjtrdE,the State of New Jersey, came the above - mentioned Vice President and Assistant Secre�a T Insurance Company, to me personally known to be the officers described in, and who execiWite piece and they acknowledged the execution of the same, and being by me duly sworn, de- posaab said fhz1-.'tjey are tkie officers of said Company aforesaid, and that the seal affixed to the preceding instrument is ttu— Wgrporgttg"Wf saia'C. mpany, and the said Corporate Seal and their signatures as officers were duly affixed and subser9bedlf the s9d i!y�Wnwftt by the authority and direction of the said Company. Fyy.,Eft'� IN TESTI�NW' r iREOF, I have hereunto set my hand and affixed my seal at the Township of Morris, the day and year first aboWA0ttgq. R. VAN O''!SKIRK n NOTARY Puiiui' dl tSc4 JERSEY l c��ae (Signed) My Commission Expires July 16,1985 t.�•` (Seal) Notary Public - _ uouu vo.: YS880 -1636 • Premium: $87.00 /Annum • Executed In Duplicate BOND TO RELEASE MONEY WITHHELD ON STOP NOTICE KNOW ALL MEN BY THESE PRESENTS: That we, MERCO CONSTRUCTION ENGINEERS, INC. Post Office Box 686, Camarillo, CA 93011--------------------- - - - - -- hereinafter called Principal, as Principal, and UNITED STATES FIRE INSURANCE COMPANY a corporation organized and existing under the laws of the State of New York , and authorized to transact business in the State of California, hereinafter called Surety, as Surety, are held and firmly bound unto CITY OF NEWPORT BEACH 3300 Newport Boulevard (P.O. Box 1768) Newport Beach, CA 92663 -3884 and any authority or authorities, board or boards, officer or officers having control over distribution of money due, or to become due under the contract, hereinafter called the Obligee, in the sum of EIGHT THOUSAND, SEVEN HUNDRED THIRTY -SEVEN and 80/100------------ - - - - -- ($ 8,737.80 ) Dollars, lawful money of the United States of America, for the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That WHEREAS, the said Principal was awarded and entered into a written contract dated on or about the 17th day of October, 1984 , with the Obligee for the construction of BALBOA YACHT BASIN MARINA - CONTRACT NO. 2422 CITY OF NEWPORT BEACH, CALIFORNIA and WHEREAS, a certain Stop Notice under date of October 7, 1985 has been filed against payments which are due the said Principal in connection with said contract, in the amount of SIX THOUSAND, NINE HUNDRED NINETY and 24/100 ----------- --- -- --- ---------------- - - - - - -- ($ 6,990.24 ) Dollars, BY: SOUTHERN CALIFORNIA IBEW -NECA TRUST FUNDS ; and WHEREAS, the said Principal disputes the correctness and validity of said claim so filed, and desires that the funds now due him under the provisions of said contract shall be delivered to him notwithstanding said Stop Notice NOW, THEREFORE, if the above named Principal shall fully protect the Obligee, herein, against any loss by reason of or arising out of the acceptance of this bond, or the release of said moneys, or the payment thereto to said Principal, and shall pay any sum which said claimant may recover on said claim, together with the cost of suit in said action, not exceeding the penal sum of this bond, then this obligation shall be void, otherwise it shall be and remain in full force and effect. This bond is given and accepted under and in accordance with the provisions of Section 3196 of the Civil Code of the State of California. SIGNED, SEALED and DATED this 15th day UNITED STATES FIRE INSURANCE COMPANY MERCO Surety Bv: Vc IYfQQP. By:-_4 1 S.W.Rose Attorney -in -Fact Sta: ti 505 South Virgil Avenue Los Angeles, CA 90020 Surety Address ct , INC. 19 86. w N O1 n 0 a 0 'm 'm n Y F. 0 �I C ml n w n C (D n m P a (D n In 0 t 0 z q'nn Tr- N ( n AW N A WA m ti Z m 3 3 a a 0 n d 3 3 A a a x 0 m � a n a O 3 m 5 i o m n o O O o o J 0 0 a » X S m m » o a o d O 7 S m m A. 'O 9 � N o o a d o 3 � 0 0 0 5 » � o a 3 0 d n 0 a m C O m N �o a Z 0 a v v n. a 0 m a 'O R a 7 m N O M 0 o n r � CD lTJ O H m D 6 m O m 3 R his Power of Attorney is granted pu t to Article IV of the By -Laws of UNITE ATES FIRE INSURANCE COM- PANY as now in full force and effect alhich provides as follows: 9 ARTICLE IV., Execution of Instruments: "The Chairman of the Board, Vice - Chairman of the Board, President, or any Vice - President, in conjunction with the Secretary, or any Secretary, if more than one shall be appointed by the Board, or an Assistant Secretary, shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation." This Power of Attorney is signed and sealed under and by the authority of Article 111, Section 9 of the By -Laws of the UNITED STATES FIRE INSURANCE COMPANY as now in full force and effect and which provides as follows: ARTICLE III., Section 9. Facsimile Signatures: "The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed facsimile, lithographed, or otherwise produced. , .. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued." CERTIFICATE State of New Jersey County of Morris 1, the undersigned, Assistant Secretary of UNITED STATES FIRE INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing POWER OF ATTORNEY remains in full force and effect and has not been revoked and furthermore that the above quoted abstracts of Article IV, and Article Ill., Section 9. of the By -Laws of the Company are now in full force and effect. In Testimony Whereof, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 16th day of JAITUARY 19 86 Ass' tans Secretary John K. Stewart FM 203.0.131 t7 -751 POWER OF ATTORNEY 1P UNITEDSTATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE, NEW YORK, N.Y. KNOW ALL MEN BY THESE PRESENTS: That UNITED STATES FIRE INSURANCE COMPANY ( "Company "), a cor- poration duly organized and existing under the laws of the State of New York, and having its administrative offices in the Township of Morris, State of New Jersey, has made, constituted and appointed, and does by these presents make, con - stitute and appoint J. W. Rose of Orange, California its true and lawful Agent(s) and Attorneys) -in -Fact, with full power and authority hereby conferred in its and to bind the Company thereby as fully and to the same extent as if such bonds had been duly executed and acknow- ledged by the regularly elected officers of the Company at its principal or administrative offices in their own proper persons. This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated. This Power of Attorney revokes all previous powers issued in behalf of the attorney(s) -in -fact named above. IN WITNESS WHEREOF United States Fire Insurance Company has caused these presents to be signed and attested by its ap ropriate officers and its corporate seal hereunto affixed this 2nd day of October 19 1 . Attest: UNITED STATES FIRE INSURANCE COMPANY �7 Assistant Secret -esident Richard A. Annese Barr/ F. Bott STATE OF NEW JERSEY) ss: COUNTY OF MORRIS ) On this Y day of October 19 81. before the subscriber, a duly qualif i�p _ft the State of New Jersey, came the above- mentioned Vice President and Assistant Secrete I�fiedr,Stal'Es Pke Insurance Company, to me personally known to be the officers described in, and who w,, exec%Tedethe preeedng ins ment, and they acknowledged the execution of the same, and being by me duly swom, de- posedcaid sai�y' i&sZ,,*ey are the officers of said Company aforesaid, and that the seal affixed to the preceding instrument is th4q!porq%!jS said Company, and the said Corporate Seal and their signatures as officers were duly affixed and subscr'f}recl jp; the saileingninl{Dt by the authority and direction of the said Company. ER`'.;s IN TESTI J ` EREOF, I have hereunto set my hand and affixed my seal at the Township of Morris, the day and year first abo "pttgg. ,q. 1"p,;v, 0!..1S`NRK NOTARY PU L'C 0- N- i JERSEY (Signed) My. Commission Expires July 16,1985 (Seal) Notary Public Bond No.: YS880 -1635 ' • Premium: $167.00 Annum • Executed In Duplicate BOND TO RELEASE MONEY WITHHELD ON STOP NOTICE KNOW ALL MEN BY THESE PRESENTS: That we, MERCO CONSTRUCTION ENGINEERS, INC. Post Office Box 686, Camarillo, CA 93011----------------------------- hereinafter called Principal, as Principal, and UNITED STATES FIRE INSURANCE COMPANY a corporation organized and existing under the laws of the State of New York , and authorized to transact business in the State of California, hereinafter called Surety, as Surety, are held and firmly bound unto CITY OF NEWPORT BEACH 3300 Newport Boulevard (P.O. Box 1768) Newport Beach, CA 92663- 3884----------- - - - - -- and any authority or authorities, board or boards, officer or officers having control over distribution of money due, or to become due under the contract, hereinafter called the Obligee, in the sum of SIXTEEN THOUSAND, SEVEN HUNDRED THIRTY -TWO apd 39/100 (S 16,732.39---- 1 Dollars, lawful money of the United States of America, for the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That WHEREAS, the said Principal was awarded and entered into a written contract dated on or about the 17th day of October, 1984 , with the Obligee for the construction of BALBOA YACHT BASIN MARINA - CONTRACT NO. 2422 CITY OF NEWPORT BEACH, CALIFORNIA , and WHEREAS, a certain Stop Notice under date of Sept. 6, 1985, as amended Nov. 13, 1985 has been filed against payments which are due the said Principal in connection with said contract, in the amount of THIRTEEN THOUSAND THREE HUNDRED EIGHTY -FIVE and 91/100 --------------------------------------- - - - -(� 13,385.91 ) Dollars, BY: ITT GRINNELL CORPORATION ; and WHEREAS, the said Principal disputes the correctness and validity of said claim so filed, and desires that the funds now due him under the provisions of said contract shall be delivered to him notwithstanding said Stop Notice NOW, THEREFORE, if the above named Principal shall fully protect the Obligee, herein, against any loss by reason of or arising out of the acceptance of this bond, or the release of said moneys, or the payment thereto to said Principal, and shall pay any sum which said claimant may recover on said claim, together with the cost of suit in said action, not exceeding the penal sum of this bond, then this obligation shall be void, otherwise it shall be and remain in full force and effect. This bond is given and accepted under and in accordance with the provisions of Section 3196 of the Civil Code of the State of California. l SIGNED, SEALED and DATED this 15th UNITED STATES FIRE INSURANCE COMPANY MERCO Surety By: �• t'75QZPi By: S. .Rose Attorney -in -Fact St 505 S. Virgil Avenue Los Angeles, CA 90020 Surety Address anuary 19 86 ENGINE ?5, INC. I— Principal T /Secr ary /Treasurer \\ \ \/ \ / � $ 9 $ f � § / ' -O$ / }f CL q \ / 0 }� \ e2 { CL 0 cx ` ~ §k , } ( {° \ / � $ 9 $ f � § / r This Power of Attorney is granted pu t to Article IV of the By -Laws of UNITE ES FIRE INSURANCE COM- PANY as now in full force and effect aMWhich provides as follows: I AT ARTICLE IV., Execution of Instruments: "The Chairman of the Board, Vice -Chairman of the Board, President, or any Vice - President, in conjunction with the Secretary, or any Secretary, if more than one shall be appointed by the Board, or an Assistant Secretary, shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation." This Power of Attorney is signed and sealed under and by the authority of Article 111, Section 9 of the By -Laws of the UNITED STATES FIRE INSURANCE COMPANY as now in full force and effect and which provides as follows: ARTICLE III., Section 9. Facsimile Signatures: "The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed facsimile, lithographed, or otherwise produced.. - . The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued." CERTIFICATE State of New Jersey County of Morris 1, the undersigned, Assistant Secretary of UNITED STATES FIRE INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing POWER OF ATTORNEY remains in full force and effect and has not been revoked and furthermore that the above quoted abstracts of Article IV. and Article Ill., Section 9. of the By -Laws of the Company are now in full force and effect. In Testimony Whereof, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this T 6rh day of Tanunry 19 R6 _. By JS Ass tent Secretary John K. Stewart FM 203.0.131 (7.75) POWER OF ATTORNEY UN ED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE, NEW YORK, N.Y. KNOW ALL MEN BY THESE PRESENTS: That UNITED STATES FIRE INSURANCE COMPANY ( "Company "), a cor- poration duly organized and existing under the laws of the State of New York, and having its administrative offices in the Township of Morris, State of New Jersey, has made, constituted and appointed, and does by these presents make, con - stitute and appoint J. W. Rose of Orange, California its true and lawful Agent(s) and Attorney(s) -in -Fact, with full power and authority hereby conferred in its and to bind the Company thereby as fully and to the same extent as if such bonds had been duly executed and acknow- ledged by the regularly elected officers of the Company at its principal or administrative offices in their own proper persons. This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated. This Power of Attorney revokes all previous powers issued in behalf of the attorneys) -in -fact named above. IN WITNESS WHEREOF United States Fire Insurance Company has caused these presents to be signed and attested by S_ its apgr priate officers and its corporate seal hereunto affixed this 2nd day of October 19 . Attest: el.4.L µ. I Assistant Secretary Richard A. Annese STATE OF NEW JERSEY) ss: COUNTY OF MORRIS ) UNITED STATES FIRE INSURANCE COMPANY F. Bott ?t!t'Ait@tt: October 81 On this ,.. day of 19 _, before the subscriber, a duly qualifih k- tithe State of New Jersey, came the above- mentioned Vice President and Assistant Secre - �e ifT ted�Stamii a Insurance Company, to me personally known to be the officers described in, and who exec*_e he preceding liisE uiwnt, and they acknowledged the execution of the same, and being by me duly sworn, de- poseiis sai4j&f 4*ey ate the officers of said Company aforesaid, and that the seal affixed to the preceding instrument is thVokpor pFtL -,l-of said Company, and the said Corporate Seal and their signatures as officers were duly affixed and subsctlbeQ)p the sattjingtrurgEtrt by the authority and direction of the said Company. IN TEST196W'VMEREOF, 1 have hereunto set my hand and affixed my seal at the Township of Morris, the day and year first aboV,;,ARttgq. R. `lRi4 0,!. °;:;RK NOTARY Puijdl' U 6 ii JEP,SEY /� �/ ✓� (Signed) My Commission Expires July 16, 1985 �"`' •� ° "� `} ate �`" (Seal) Notary Public MEMORANDUM OFFICE OF THE CITY ATTORNEY February 4, 1986 TO: Wanda Raggio, City Clerk Ben Nolan, Public Works FROM: Robert H. Burnham, City Attorney RE: Stop Notice / AMFAC Distribution Corporation, dba AMFAC Plumbing Supply Company Attached is a stop notice from AMFAC in connection with work being done at Balboa Yacht Basin Marina. Robert H. Burnham City Attorney RHB /jc Attachment Ii 1 i I �S�nFCFIVfD �r CITY A [To �NEy Jq NOTICE OF PUBLIC PROCEEDINGS �b? ClrO 1986ah. (PUBLIC WORK) CC Section 3211 NfwpoR 1�1_1 CA BEACy "Municipal Court Of Orange Harbor Judicial Dietr u F ly To: City Of Newport Beach NOTICE IS HEREBY GIVEN, that an action has been commenced in the above - entitled court by Plaintiff AMFAC DISTRIBUTION CORPORATION doing business as AMFAC MECHANICAL SUPPLY COMPANY, and doing business as AMFAC PLUMBING SUPPLY COMPANY, against the Defendant CITY OF NEWPORT BEACH, A Public Entity, etc., et al., to recover the sum of $1,315.38, said amount being the reasonable value of certain plumbing materials furnished to Dewpoint Construction Services, Inc., to be used and which were actually used in, upon, for and about the Balboa Yacht Basin Marina, together with interest thereon and costs as by law provided, which said work of improvement was made under and by virtue of that certain contract by and between Merco Construction and CITY OF NEWPORT BEACH, executed and enteredinto between the aforesaid parties on or about the 1st day of February, 1985. For further particulars regarding said action and claim, reference is hereby made to that certain verified stop notice, statement and claim heretofore filed on the 6th day of November, 1985, and Plaintiff's complaint on file in the above - entitled action. DATED: JANUARY 2_8, 1986 AMFAC DISTRIBUTION CORPORATION, doing business as AMFAC MECHANICAL SUPPLY COMPANY, and doing business as AMFAC PLUMBING SUPPLY COMPANY (Plaintiff) Euz_; KARPELES, Attorney For Plaintiff r q CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 November 14, 1985 (714) 644 -3005 Lee A. Branch County Recorder P.O. Box 238 Santa Ana, CA 92702 Dear Mr. Branch: Attached for recordation is Notice of Completion of Public Works project consisting of Balboa Yacht Basin Marina, Contract No. 2422 on which Merco Construction Engineers, Inc. was the Contractor and Industrial Indemnity Company was the Surety. Please record and return to us. Sincerely, Wanda E. Raggio� City Clerk WER:pm Attachment cc: Public Works 3300 Newport Boulevard, Newport Beach PLEASE RETURN TO: City Clerk , -77"-"t v # 'EXEMPT RECORDING REQUEST PER City of Newport Beach 6 3300 Newport Blvd. 0VERNMENTCODE 6103 Newport Beach, CA 92663 -3884 NO CONSIDERATION NOTICE. OF COMPLETION PUBLIC WORKS C11 85-- 463896 I o All Laborers and Material Men and to Every Other Person Inte /' cm Cf t NEWP�`�EACH, DEC 9 }385" RECEIVED, / YOU WILL PLEASE TAKE NOTICE that on November 12, 1985 "'- the Public Works project consisting of Balboa Yacht Basin Marine—(C-2422) on which Merco Construction Engineers, Inc., 1175 Calle Suerte, Camarillo, CA 93010 was the contractor, and Industrial Indemnity Company, 505 S. Virgil Avenue, was the surety, was completed. Los Angeles, CA 90051 VERIFICATION I, the undersigned, say: CIT OF NEW1POJ�RTBEACH Publi46 Works Director 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 November 13, 1985 at Newport Beach, California. I, the undersigned, say: I am the City Clerk of the City of Newport Beach; the City Council of said City on November 12, 1985 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 November 13. 1 J� i- n (!v q at Newport Beach, California. i l ! 1!%/ City Clerk ntGVRDED IN OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA -3 H PM NOV 18'85 i. U yr�1„o,.oc rR Coi,N,v '�/ RFCORDER vLS t Publ c 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 November 12, 1985 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 November 13. 1 J� i- n (!v q at Newport Beach, California. i l ! 1!%/ City Clerk ntGVRDED IN OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA -3 H PM NOV 18'85 i. U yr�1„o,.oc rR Coi,N,v '�/ RFCORDER November 12, 1985 BY TiiE CiT's COUNCIL CITY OF NEWPORT BEACH CITY COUNCIL AGENDA ITEM NO. F -21 • NOV 1219x5 T0: CITY COUNCIL � ; FROM: Public Works Department SUBJECT: ACCEPTANCE OF THE CONSTRUCTION OF BALBOA YACHT BASIN MARINA (C -2422) 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 in accordance withi opplicable.portions of the Civil Coder DISCUSSION: The contract for the construction of the Balboa Yacht Basin Marina has been completed to the satisfaction of the Public Works Department. The bid price was $2,968,863.55 Amount of unit price items constructed 3,036,227.09 Amount of change orders 68,871.00 Total contract cost $3,105,098.09 Funds were budgeted in the Tide and Submerged Lands Fund, Account No. 23- 5397 -001. The specifications provided for payment for additional dredging up to one foot deeper than shown on the plans. In order to provide greater clearance for sailboats at low tide, this additional dredging was performed. This was the major cause of the increase in the amount of unit price items constructed. Fifteen change orders were issued. The first, at no change in cost, provided for an alternate certification of the pre -cast concrete plant. The second, at no change in cost, provided for a twenty -day delay in starting time to allow for contract document processing. The third, in the amount of $3,028.19, provided for installation of temporary power for the boatyard and hardware store and additional reinforcing in the Travelift pier. The fourth, in the amount of $371.68, provided for removal of an additional tree to clear the restroom building. The fifth, in the amount of $10,667.35, provided for changes in the restroom building, including a revised roof and entry facade, additional • windows, and plumbing modifications. The sixth, in the amount of $2,230.52, provided for capping an abandoned sewer near the restaurant and replacement of the gas line to the hardware store. The seventh, in the amount of $3,462.77, provided for additional tile in the restrooms, additional landscaping adjacent to the boatyard, and modification of the stairway handrails to the yacht bro- ker's office. The eighth, in the amount of $11,655.93, provided for removal of a number of piles which had in the past been broken off below the water. The ninth, in the amount of $6,012.88, provided for installation of dock boxes at 13 40 November 12, 1985 Subject: Acceptance of the Construction of Balboa Yacht Basin Marina (C -2422) Page 2 the sideties and R.P. backflow devices at each gangway. The tenth, in the amount of $35,403.39, provided for the extra work involved in installing some of the bulkhead panels through shale and debris, neither of which were found in the soil borings. The eleventh, in the amount of $15,448.27, provided for addi- tional sealing of the joints in the bulkhead. The twelfth, in the amount of $8,044.24, provided for temporary trench paving in Harbor Island Drive, revi- sions in the water system to clear the storm drain, relocation of the main power feed, and concrete pads around the utility vaults on site. The thirteenth, in the amount of $885.78, provided for a change in the locks on the gangway gates. The fourteenth, in the amount of a deduction of $18,840, provided for extremely long lead time in obtaining the stainless steel electric panels for the boatyard docks and the gangway gate locks, both from sole source vendors. These items were deducted from the contract and purchase orders issued for their installa- tion. It is anticipated that the materials will arrive in about four weeks. The fifteenth, in the amount of a deduction of $9,500, provided for a change in the type of electric meters and services installed at slips 40 feet and longer. The contractor is Merco Construction of Camarillo, California. The original date of completion was May 22, 1985. Change Order No. 2 added 20 working days to the contract time. Weather - related delays accounted for 18 working days and extra work, 45 working days. These extensions resulted Am in an adjusted completion date of September 11, 1985. Boats were able to occupy qF the marina on August 30. The power and restrooms were available and the work substantially completed by September 6, 1985. Clean -up and the last remaining minor items were completed on November 1, 1985. Benja in B. Nolan Public Works Director GPD:jd • i CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Public Works Department 714/644 -3311 January 20, 1986 Penhall International P.O. Box 4609 Anaheim, CA 92803 Subject: Balboa Yacht Basin Marina, C -2422 Gentlemen: Your Stop Notice dated December 31, 1985 was received by the City on January 14, 1986. The Notice of Completion for the project was recorded on November 18, 1985. Section 3184 of the Civil Code states: "To be effective, any Stop Notice persuant to this chapter must be served before the expiration of: (a) Thirty days after the recording of a Notice of Completion....." Your notice does not meet this requirement. Very truly yours, G.P. Dunigan, Jr. Field Engineer GPD:em e"?) ell r,- 3300 Newport Boulevard, Newport Beach STOP NOTICE NOTICE TO WITHHOLD TO HOLDER OF FUNDS `.. V CITY OF NEWPORT bikeN, C AUF JAN 141986" NE avto TO: CITY OF NEWPORT BEACH. ATTN: CITY AUDITORS — ACCOUNTING DEPT. (Name of owner, construction lender or public officer) 3300 NEWPORT BLVD NEWPORT BEACH, CA 92663 HOLDER OF FUNDS. (Address of owner or construction tender) YOU ARE HEREBY NOTIFIED THAT the undersigned claimant, PENHALL INTERNATIONAL, P.O. BOX 4609 ANAHEIM, CALIFORNIA 92803 (Name and address) has furnished or has agreed to (labor, services, equipment, materials) of the following kind FLAT SAW —GAS (general description of labor, services, equipment or materials) to or for DEW POINT CONSTRUCTION for the work improvement, located at, or known as: (name of person to or for whom furnished) 829 HARBOR ISLAND DRIVE NEWPORT BEACH, CA (BALBOA YACHT BASIN MARINA) (address, legal description, description of site or project identification) The amount in value of the whole agreed to be done or furnished by claimant is $ 385.00 The amount in value of that already done or furnished by claimant is $ 385.00 Claimant has been paid the sum of $ —0— , and there remains due and unpaid the sum of $ 385.00 plus interest thereon at the rate of 7 per cent per annum from AUGUST 28, , 19 85 . YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST. Dated:_ DECEMBER 31 1985 STATE OF CALIFORNIA COUNTY OF ORANGE ss. — �'1`I'IIII�N� Iii alt7�/:�tf[fi P.O. BOX 4609 ANAHEIM, CALIFORNIA Address of Claimant 92803 ROGER C. S T U L L , 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 hV own knowledge, except as to any matters or things that may therein be $toted on h_ information and belief and as to those matters and things —he believes them to be true. �\ Subscribed and sworn to before % this �` • day of 19"� Notary Pulam and in and for said State Tux te.edara re„a m me.t a.eaa awwbxmt in the field rodketed. Se lain, ama .ray awed R fID In m br.ub, STOP NOTICE a� �� CbaOiet �� aeut �• Cmtdt a xvryet Q You doubt the fotm t alma foi rout AI[Dett. WOLCOTT/ FORM 09' Ray. 2.73 E3 Mayor Q en i� orn 011r. Q 8*. Q CgnSery Dk. i (3 t`,, & B�+gOff. ry��tiA o � e,,vat C3 a Tux te.edara re„a m me.t a.eaa awwbxmt in the field rodketed. Se lain, ama .ray awed R fID In m br.ub, STOP NOTICE a� �� CbaOiet �� aeut �• Cmtdt a xvryet Q You doubt the fotm t alma foi rout AI[Dett. WOLCOTT/ FORM 09' Ray. 2.73 TO: against 0 E Release of Stop Notice THE CITY OF NEWPORT BEACH Construction Lender (or party with whom Stop Notice was filed) 3300 NEWPORT BLVD., NEWPORT BEACH, CALIFORNIA 92663 Off, � ik V/ 3 s \' You are hereby notified that the undersigned claimant releases that certain Stop Notice dated OCTOBER 21, 1985 , in the amount of $ 4,435. 20 as owner or public body and CITY OF NEWPORT BEACH MERCO CONSTRUCTION as prime contractor in connection with the work of improvement known as BALBOA YACHT BASIN MARINA 829 HARBOR ISLAND, NEWPORT BEACH, CALIFORNIA in the City of NEWPORT BEACH Date DECEMBER 4, 1985 Verification for Partnership or Sole Ownership STATE OF CtLLIFORNIA COUNTY OF (t;7aimant or Representative) , County of , State of California. ORANGE Name of Claimant U. S. RENTALS, INC. Fir Na eJ By ASibl6IANIrS E'IAKY —°— (Official Capacity) being rust duiy sworn deposes and says that he is (Owner, partner or Agent) Of, (Firm Name) SS. named as claimant in the foregoing claim; that be has read said claim and knows the contents thereof, end that the facts therein stated are true. X (Signature of Affrant) Subscribed and sworn to before me this day of ,19_ (Sigrature of Notary Publiel Notary lam- y- 8S Stamp o ✓' . �; r j trey ' f ^ir. ? Tr. ,Jet. hief Y'. VfDI � BMOCA FORM 5 (19751 '.jam -•" � !.J Verification for Corporation STATE OF CALIFORNIA COUNTY OF ORANGE SS. C. L. ALBERS J) (Claimant or Representative) at being t7rstANISTANT, SECRETARY he 4 (Official Capacity) of U. S. RENTALS, INC. (Exact Corporate Name) the corporation that executed the foregoing claim; tWL_he makes this verification on behalf of said corporation: that. he has read a id claim and knows the contents therwf, an that the facts the in atated re tru . X / nature of Affrant) Subscribed and mom to before me this 4T8 day of DECEMBER 19 85 (Signature of Notary Public) Notary Stamp M11CIA4 Si +L LISA MARIE "JEM6'soN i -.• NOTARY PUBLIC < Coo Tram ` ORANGE COUNTY My larval. explra MAY 61, OFFICIAL SEAL LISA MARIE JEFFERSON NOTARY PUBLIC' CALIFORNIA \ \�S' ORANGE COUNTY ;_- My Comm. expires MAY 31, 1066 1 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 November 19, 1985 (714) 644 -3005 Certified Mail Return Receipt No. P 427 511 361 Milton D. Johnson Southern California Pipe Trades Trust Funds 501 Shatto Place, 5th Floor Los Angeles, CA 90020 Dear Milton D. Johnson: On November 12, 1985, the City Council of Newport Beach accepted the Construction of Balboa Yacht Basin Marina (C -2422, Merco Construction of Camarillo, California is the Contractor), and authorized the Citv Clerk to file a Notice of Completion. Enclosed please find a copy of said Notice of Completion. Sincerely, 9 Wanda E. R r City Clerk 3 WER:pm Enclosure cc: Publi Sou O m N !7 a C 2 An n tw • SENDER: Complete items 1, 2.3 and 4. Put your address in the "RETURN TO" space on the revarm side. Failure to do this will prevent this card from being returned to you. The return recalot fee will provide Milton D. Johnson - { �Sveet erW r3 o. ! 5-GL Shattn_Flace.,.._5th.Floor ZIP C_ude I d _Los.. Angeles, ...CA 90020 ; `; Po�!aJe • 22 .75 Rruv a r. '—� TOTAL Postage and Fees .$1 57 Postma; l; o: Uate P 427 511 361 RECEIPT FOR CERTIFIED MAIL Milton D. Johnson - { �Sveet erW r3 o. ! 5-GL Shattn_Flace.,.._5th.Floor ZIP C_ude I d _Los.. Angeles, ...CA 90020 ; `; Po�!aJe • 22 .75 Rruv a r. '—� TOTAL Postage and Fees .$1 57 Postma; l; o: Uate j o v. a 3300 Newport Boulevard, Newport Beach • • S T 0 P N 0 T I C E T0: City of Newport Beach Public Works Department P.O. Box 1768 Newport Beach, California 92658 -8915 Attention: Mr. John Wolter NOTICE IS HEREBY GIVEN that at the construction project of Balboa Yacht Basin, 829 Harbor Island Drive, Newport Beach, California, County of Orange, under Contract No. 2422, on property owned by the City of Newport Beach, Dewpoint Construction Services, Inc. ( "Dewpoint ") did perform work as a subcontractor on the aforesaid construction project. Pursuant to a collective bargaining agreement entered into between Dewpoint and Southern California Pipe Trades District Council No. 16, Dewpoint became indebted to the Southern California Pipe Trades Trust Funds for work performed by employees of Dewpoint at the aforesaid project for the months of July 1, 1985 through September 21, 1985, as follows: Health & Welfare $ Pension Vacation - Holiday Apprenticeship Contractors Education and Development Administration Dues TOTAL: $3,472.64 Said work and labor consisting of Plumbing, Pipefitting and related installation was, performed at the aforesaid jobsite at the instance and request of the City of Newport Beach, Merco Construction Engi- neers, Inc., Dewpoint, and each of them, and was used and consumed upon the jobsite. You are hereby notified to withhold from Merco Construction Engineers, Inc., Dewpoint, and each of them, the sum of $3,472.64. SOUTHERN CALIFORNIA PIPE TRADES TRUST FUNDS BYG MILTON D. JOHNSON/,/FUNDS MANAGER­_ STATE OF CALIFORNIA ) _'O. )ss. COUNTY OF LOS ANGELES ) I, Milton D. Johnson, do hereby state that I am the Funds Manager and Agent of the Trustees of the Southern California Pipe Trades Trust Funds and am authorized to file this Stop Notice. I have read the foregoing Stop Notice, know the contents thereof, and the same is true of my own knowledge. I declare under penalty of perjurty that the foregoing is true and correct. Executed on the 13th day of November of 1985, at Los Angeles, County of Los Angeles, State of California. j MT, L N D. J MON, Funds Manager i LDir. '�/ r uj 0 in 10 CW, zt lb Ln CO 0� -Z CO :--z ko 4 N 0) 4 41 0 co tn 0 C) 0 4J 4J i m f O sk = O C 9 G� 9 9 Z �O G YO Z r p G�Zpp O 00 O T O R ;rn UNCONDITIONAL WAIVER AND RELEASE �. UPON FINAL PAYMENT The undersigned has been paid in full for all labor, services, equipment, and material furnished to Submarine Engineering Associates on the job _ Balhoa Yacht Basin Marina located at Newport Beach. California and does hereby waive and release any right to a mechanic's lien, stop notice, or any right against a labor and material bond on the job, except.f.or disputed claims for extra work in the amount of $ None Date- Date ❑ t3V ❑ OUr�Cii ^1�'1 C3 (x. October 11, 1985 Crowley Constructors, Inc. (Company Name) By : J]'&, Herbert F. Slaton Its: Administrative Manager (Title) NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU I-LAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM. cc: CITY OF NEWPORT BEACH City Hall - ATTN: Pat Dunnigan 3300 Newport Blvd. Newport Beach, CA 92663 MERCO, INC. P. 0. Box 686 Camarillo, CA 93010 FORK 2 UNC0ND.I T I doAL WA I V E R AND Is LEASF. U P O N F I N A L P A Y M E N T The undersigned has been paid in full for all labor, services, equipment. Or material furnished to SUBMARINE ENG ASSOC /MERCO CONST ENG INC (Your Customer) on the job of City Newport Beach (Owner) located at 829 Harbor Island Newport Beach (Job Description /Address) and does hereby waive and release any right to a mechanic's lien, stop notice, or any right against a labor and material bond on the job, except for disputed claims for extra work in the amount of $ 00.00 DATED: 10/18/85 Robert E Clark "�f 7 C mpan, e 1 BY: (Title) NOTICE TO PERSONS SIGNING THIS WAIVER: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP. THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A "CONDITIONAL RELEASE FORM ". The undersigned have performed labor for wages on the project named above and have been paid in full to date. Signature Date Signature Date Signature Date Signature Date Signature Date 4.1 E c'C7 w. 571 Signature Date Signature Date Signature Date Signature Date gnature NEWPj,�T OF �\ CC 2 iY %CFei(` \ x� • RELE -ASE STOP NOTICE F.]GDTS NEWP".il?r F � OCT ---111 BEg� $1885 a Jack Bryan, as Vice - President /Controller for purposes of collection for Dewpoint Construction Services, Inc., recites that: 1. Subcontractor entitled to Stop Notices under Section 3181, California Civil Code, was contracted by Merco Construction (herein "Merco ") and performed labor and material upon a jobsite best described as Balboa Yacht Basin Marina, Newport Beach, California. 2. Merco, as Prime Contractor, was contractually obligated by agreement with Dewpoint Construction Services, Inc, to pay as per contract. 3. The Vice - President /Controller of Dewpoint Construction Services, Inc. did file a Stop Notice on the above jobsite to secure the unpaid balance on September 18, 1985. NOW THEREFORE, in consideration of a meeting between Dewpoint Construc- tion Services, Inc. and Merco Construction for all know claims existing by virtue of the labor and material provided by Dewpoint, a release of Stop Notice is hereby given under California Civil Code Section 3181, as to the premises herein whereon Dewpoint is engaged is given to CITY OF NEWPORT BEACH MERCO CONSTRUCTION and each of them, by the Vice - President /Controller. By this Release, the Vice - President /Controller does hereby agree to withdraw stop notices on the aforesaid properties for the sums accruing during the period stated hereinabove. Executed in San Ramon, California, County of Contra Costa, State of California, this 15th day of October 1985. A- A— Y.P ' Kamen ;fir. Dir. vir. Dir. ,C V ;ef iDir 4 r DEWPOINT CONSTRUCTION SERVICES, INC. by: ck Bryan, Vice 77 esident /Controller • Stop Notice 0 OPT NOTICE TO city of Newport Beach (Name of Public Body or Lenderj t RE 3300 Newport Blvd., Newport Beach, CA 92663 -3884 (Address) (If Public Job — file with office of controller, auditor, or other public disbursing officer whose duty it is to makc� ' payments 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: Merco Construction Engineers, Inc. Sub Contractor (If Any) Dewpoint Construction Services Inc. Owner or Public Body: City of Newport Beach Improvement known as Balboa Yacht Basin Marina /Name and address of project or work of improvement) 829 Harbor Island Drive in the City of Newport Beach County of State of California. J h 5 Graybar Electric Co., Inc. New York Corporation claimant, a i/ (claimant) (CarpormionJParmership /Sole Prophet rshipJ L'- I furnished certain labor, service, equipment or materials used in the above described work of improvement. 0- - rs sEoTTD: The name of the person or comppany by whom claimant was employed or to whom claimant furnished labog equipment or materials is __ Dewpoint Construction Services, Inc. ilmen ( Name of Subcontraciorl Contractor /Owner - Builder) @ger p - --:5g, Vir. The kind of labor, service, equipment or materials furnished or agreed to be furnished by claimant was LI 6G,nSarV Dir. F.3 &-R �pDir. wi rp Cnn rtni t Rwi trhuonr Dnnol c Fi v +n roc onrl vo r.no [I Piunniog Dir. Dir , electrical _ectrical materials. Ides(ribe in detail) Total value of labor, service, equipment or materials agreed to be furnished .............$ Open ended Total value of labor, service, equipment or materials actually furnished is ...............$ Credit for materials returned, if any ................ ..............................$ 123835.03 38.02 Amount paid on account, if any .................... ..............................$ 85325 .73 Amount due after deducting alljust credits and offsets . ..............................$ 38471.28 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 $ 38471.28 as provided in Sections 3156 through 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.) lisl is not ) Date September 30, 1985 NameofClaimant Gr4gb2r Fleotrio Pampan:ir, lne . By�it. T. r ett Financial Manager (Official Capacity) VERIFICATION I, the undersigned, state: I am the Financial Manager l "agent of "president of "a partnerof' " ownerof', etc.) the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and 1 certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on September 30 Iq 85 at Los Angeles, California California. ignature m ntor Authorized Agent) BICA FORM 4 (REV. 9 -88) 8M To Notice to Surety AS PROVIDED FOR IN SECTIONS 3240 AND 3241 OF THE CALIFORNIA CIVIL CODE Industrial Indemnity 505 S. Virgil Ave. Los Angeles, CA 90020 (Name and address of Surety) The undersigned is advised that you are the Surety who has written a bond under Section 3235 of the Civil Code on behalf of Merco Construction Engineers, Inc. , contractor on that certain work of improvement located at 829 Harbor Island Drive, Newport Beach (Address or description of job site sufficient for identification) Calif., of which City of Newport Beach is the reputed owner. Please take notice that the undersigned has furnished labor, services, equipment or materials described as: Wire, conduit, switchgear panels fixtures and various a e..rical (Describe in detail) subcontractor to the said Dewpoint Construction Services, In�xam¢tsrc�cxafineernxx6ion7e�, for use in the work of improvement referred to in said bond; that the amount and value of that already furnished is $ 123835.03 and the whole agreed to be furnished by the undersigned is $ open ended that credits by cash and otherwise have been applied against said account to the extent of $ 85363.75 and that the balance due, or that will be due, upon the completion of said deliveries of labor, services,equipment or materials contracted to be delivered is $ RR471 9,R , aside from extra or additional orders that may hereafter be requested by said contractor. Date Sept. 30 1985 RICA Form No. 15 (Ror. 8-74) Name of Claimant LM I . Y f • • • IELEPKNE 121312657000 GiiL*bi R ELECTRIC COMPANY. INC. 210 ANOCRSON STREET P.O. BOX 2768 TERMINAL ANNEX LOS ANGELES, CALIFORNIA 90051 September 30, 1985 Merco Construction Engineers Inc. 1175 Calle Suerte Camarillo, CA 93010 Gentlemen: KPLY TO P.O. BOX 2769 L05 ANGELES, CA. 90051 RE: Balboa Yacht Basin Marina job City of Newport Beach Please be advised that we have filed our Stop Notice in the amount of $38,471.28 in response to our learning of the pro- blems currently existing on the job and the possibility of payments being withheld because of these problems. It is our understanding that the job is not complete. Furthermore, you should understand that the balance of our . Stop Notice covers billing through September 24, 1985 and may be adjusted in the future to allow for credit memos and or additional billings. Should you have any questions regarding this matter, please do not hesitate to contact the undersigned immediately. Very truly yours, Vkett Financial Manager RTB /fg cc: City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 -3884 Joseph Hanna T.E GF.YS.R I.G *P SYMBOL OF DISTRIBUTION z w n • to N 41 O 0 x z mom rt mK nc z w n CD 41 0 mom rt mK nc tD p Cl) =. BNI FORM 107 F=# 6041 _ ! STOP NOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS (Public or Private Work) City of Newport Beach TO: ATIN: JOHN [^1F1IaTER (Name of owner, publl ► body or construction fund holder) 3300 Newport Blvd. (Addrall. If duse[W to. bank or wlnp and I..n n.n., un Were. pf er.n=n holdlne fund) Newport Beach, CA 92663 -3884 (City, state and zip) PROJECT: 829 Harbor Island CITY OF NEWPORT BEACH, CALIF. x117 1? *;y35 �>rc�r�rre CITY G! D;etacxlrl Beach ._'A 92663 (City, mb ana zip) Amfac Distribution Corporation, dba Amfac:Mechanical supply Co., and TAKE NOTICE THAT dba Amfac Plumbina SuoDly (o.. IN.me of tM..rwn or Ilan clNmpsy tM atop notice, lk.nwd conuectms not W me a.nw under which contractors It . whose address is 2045 We Rosecrans Avru a 90249 AddeGrd"m gstop notice) has performed labor and furnished materials for a work of improvement d,.�scribed as follows: "BAT IM VA('Hm RARTNII R29 Harbor Island Drive, NPtamrt_ Beach,-LA, (Name and `oca Pion of the project where work or materials were furnished) The labor and materials furnished by claimant are of the following general kind: Pltmbina Material cz (General description of work and materials furnished) The labor and materials were furnished to or for the following party: party who ordered the work or The value of the whole amount of labor and materials agreed to be furnished is $'L, 319 3R (Total of everything claimant agreed or contracted To furnish) The value of the labor and materials furnished to date is $ 1 _31 S 3R . Claimant has been paid -^ R; ' .I value of everything actually furnished by claimant) the sum of $ ____() - - -- and there is due, owing, and unpaid the sum of $ 1315.38- together (Total amount which has been paid to claimant) (e..nce due to clslmenT on the project) with interest at the rate of 7 %per annum from,Titly 1. 1985 ,19 ( Interest as spoonful In contract. If none, legal rate is J %) (Date when unpaid balance became due) You are required to set aside sufficient funds to satisfy this claim with interest. You are also notified that claimant claims an equitable lien C al�ins n n furnds for this project which are in your hands. [[ Gis'j o i3— UTO; FIRM NAME• ' Jf °Gjf ^7 Irv.m df peoue.......ru -r.e m, me mm� far daorh) ❑ ilmoil By: • $ jn al (raai+ Ma (Owner or sqfint of edroll.Ntice claimant must sign here and verify below) C r VERIFICATION Ktz- Er, Oldersigyed, say: I am the Regional Credit Manager the claimant of the foregoing r iAi r i r L -` .,_ „ ("President of ", "Manager of ", "A partner of ", "Owner of;' etc.) .api)I(etice; 1.1have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. �vY 1 declare untler'penalty of perjury th t the foregoing is true and correct. Executed on November 6 , 19 5 , at I.os AIIQeles , California. (Date this document was signed) (Name of Nty where stop notice signed) 101 — PUBLISNED BY ]M ...eewa,.y A6AW ax.: 3055 OVERLAND AVENUE, LOS ANGELES, CALIFORNIA 90034 — (213) 202 TM AMUOl1V U(1OA 110S11100 18000 ARV 3AVH OOA dl ►-1 r N 9 m fl m z O T T O M A O a m 70 r T m m v 0 C -°I :aldwexa io; anoge aaS ,aAmeu61s aqi pue'pou61s aiagm A1!o ay; 'alep 9g1 u!eluoo isnw uoneo!;uan aqi 'peen aq 01 'ianamoH 'pazuelou aq 61 aneq iou saop 1! 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'ia3;eaiagl Aep 41021 pue 410£ aqi uaamlaq pal!; aq isnw 1pos 'papioaai sem uo!;aldwoo ;o aw ;ou a ;! 1eg1 sueaw s!q1 'iai ;eaiaW sAep 06 ue41 aiow iou 'pouad ua!l s,o!uegoaw a41 ;o uo!jei!dxa a41 aio;aq pal!; aq iou Aew 1!nS'pal!; Aliodoid si j!ns ssalun sai!dxa aopou doss V :pel!J eq isnW oj!nS 'pai!nbai st puoq ou'Apoq ollgnd a 60 A iaumo aqi uo panias sp aonou aqi uagM'spun; uononilsuoo 6u!plo4 loiluoo 1u!0l JO m6iosa i0 iapual uopanils6o3 a uo paNas sl aonou doss agl uagm pai!nbai si puoq V.:puo8 0o!3oN doiS 'flew pa! ;piao io paials!6ai Aq panics aq pinoqs aanou dols 941 :BuO!eyp 'spun; uoponilsuoo 6u!plog iaplog moiosa io 'loiluoo lu!ol 'iapual uoponiisuoo aqj qj!m io loaloid aqi ;o iaumo 841 41!m ia41!a pal!; aq Aew ao!lou dots 047 'ilionn alenud ;o aseo ayl ul 'loeiluoo agl papieme oqm iao! ; ;o io 'uo!ssiwwoo 'pieoq 'luawiiedap alelS 041 ;o peag a41 4pm pal!; aq isnw i! 'liom alels iagjo ;o aseo u! -silioM o!lgnd ;o iowayp agl ql!m pal!; aq isnw aopou a41 'silioM aggnd ;o ivawiiedap aqi g6noi41 io Act l3equoo a1eiS e!wo;!leZ) a ;o aseo ag3 ul 'papieme sem loeiluoo Ileiano ag3 wogm Act Apoq agl g1im io 'loal -oid 041 uo sivawAed a>pw of s! l! A1np asogm iao! ; ;o 6u!sinq -sip o!lgnd Aue io 'iol!pne 'iallaluoa aqi 41!m pal!; aq pino4s 1i 'qof oilgnd a uo si aopou dols aql it :apJ o; MLIM 'w!elo aanou dots 041 A;spes of Aauow iu9i:>g ;ns plo44;!m isnw iaploq pun; io iaumo a41 :e011ON doiS ;0 100143 'uonaldwoo ;o aonou 041 6wpiooai iai ;e sAep p£ u!gl!m pal!; aq isnw aanou dols agl 'aseo le43 ul uo!lald'woo to aonou a spiooai iaumo 041 ssalun 1uawanoidw! ;o iliom ainua aqi ;o uonaldwoo agl iai ;e sAep 06 wgi!m pal!; aq isnw aopou dots 043 legl sueaw s1141 'suap sD!Uegoaw 6u!piooai Jot pouad a43 se awes ag3 si saopou dols 6u!I!; io; pouad ag1 :6u!0j io; aw!1 S301ION doiS 1f108V NOIIVWUOdNI __1 MW i }!i Div i°H i'is1!( f �'_ i O i m • i • {�{ GIs l �_ i il� -'� �•� ;: �i= i � _Y N 9 m fl m z O T T O M A O a m 70 r T m m v 0 C -°I :aldwexa io; anoge aaS ,aAmeu61s aqi pue'pou61s aiagm A1!o ay; 'alep 9g1 u!eluoo isnw uoneo!;uan aqi 'peen aq 01 'ianamoH 'pazuelou aq 61 aneq iou saop 1! 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A1np asogm iao! ; ;o 6u!sinq -sip o!lgnd Aue io 'iol!pne 'iallaluoa aqi 41!m pal!; aq pino4s 1i 'qof oilgnd a uo si aopou dols aql it :apJ o; MLIM 'w!elo aanou dots 041 A;spes of Aauow iu9i:>g ;ns plo44;!m isnw iaploq pun; io iaumo a41 :e011ON doiS ;0 100143 'uonaldwoo ;o aonou 041 6wpiooai iai ;e sAep p£ u!gl!m pal!; aq isnw aanou dols agl 'aseo le43 ul uo!lald'woo to aonou a spiooai iaumo 041 ssalun 1uawanoidw! ;o iliom ainua aqi ;o uonaldwoo agl iai ;e sAep 06 wgi!m pal!; aq isnw aopou dots 043 legl sueaw s1141 'suap sD!Uegoaw 6u!piooai Jot pouad a43 se awes ag3 si saopou dols 6u!I!; io; pouad ag1 :6u!0j io; aw!1 S301ION doiS 1f108V NOIIVWUOdNI __1 co co � M m V N 7 � � �j Si Ri O N N 0 0 u 6� o N 0 [ ®� w O y h h Q ® > 0 ��p m O w Z J Q rc V) w w W U 0 W 0 O Z �i U Q 3 w II UNITED STATES POSTAL SERVICE OFFICIAL ftmi ESS • Co ft ms ms 1, 3. 3, and '• on th• rw•r••. • Atuch to front of ort)d• It spec* p•Fmfts, oth•ewl of •rtkla. • EnU •Y- eeiet8•mretted" R 3S1 C /•. 411ok 2 iYcFi s'98s1 �( 4 us.mAa PENALTY FOR PRIVATE use, sm Clerk/ City of Newport Beach �" lNam17 Smdsq X 3(30 Newport Boulevarq jf Mo. and Str••t, Apt, SuNs, P.O. Box or R.D. No.l k,Newpjbrt Beach, CA 92663 t/l1�t7�11��i3i�171!!ll�li : , Z71;z2�� — .. }ISFwm3911, July ,_ DOMESTIC RETURN _ a OD � `�� \ ■ ](f) §f\ f ) —T ! ° .a § . . \ \) u 41 �)('a, |m co (1) u V6 k § w f }9 & 42q & lzi `t °m w g, /k x2 .�w }ISFwm3911, July ,_ DOMESTIC RETURN _ N T a v fi 0 T E w° V6 P 427 510 983 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED — NOT FOR INTERNATIONAL MAIL (See Reverse) sent to Dingus, Haley & Foust Street and No. 505 Snnsnue Street. Suite P.O., State and ZIP Code San Francisco, CA 94111 Postage $ .22 Certified Fee .75 Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered .60 Return Receipt ShoW ing to whom, Date, and Address of Delivery TOTAL Postage and Fear $ 1.57 Postmerk 0, Date p� 16010 ii t \a \ \ } / \ { )|!}!; i$|2 } *� § |( {)i {K§ }\§E ! ®° _ |!; |: !( §§ �7 ) }(|!| | +|� ! ! ; \ ƒ�B ` � � |�!) !� ■q § § || • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 November 15, 1985 Certified Mail Return Receipt No. P 427 510 983 Steven P. Lawrence Dingus, Haley & Foust 505 Sansome Street, Suite 1600 San Francisco, CA 94111 Dear Mr. Lawrence: On November 12, 1985, the City Council of Newport Beach accepted the Construction of Balboa Yacht Basin Marina (C -2422, Merco Construction of Camarillo, California is the Contractor), and authorized the City Clerk to file a Notice of Completion. Enclosed please find a copy of said Notice of Completion, as you requested. Sincerely, LPL- L�L�'�!� C' • ��• �-O Wanda E. Raggio City Clerk WER:pm Attachment cc: Public Works /John Wolter n _1 3300 Newport Boulevard, Newport Beach 0 LAW OFFICES OF DINGUS, HALEY & FOUST LARRY D. DINGUS 505 SANSOME STREET, SUITE 1600 PETER C. HALEY LINDA FOUST SAN FRANCISCO, CATTPOgNIA 944 STEVEN P. LAWRENCE RANDALL M. SMITH July 5, 1985 BRANDT L. WOLKIN JERRY R. HAUSER ANNE M. BEVINGTON ANNE C. LITTLE MICHAEL J. TIMPANE Mr. George Pappas Finance Director City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Re: Balboa Yacht Basin Marina Project; Merco Construction Engineers, Inc., General Contractor Dear Mr. Pappas: C TELEPHONE 391 -0405 AREA CODE 415 Enclosed is a check for $2.00 which is paid pursuant to Civil Code section 3185. Please send the notice called for by section 3185 to the undersigned. Also, would you kindly send a copy of the Payment Bond submitted by Merco Construction Engineers, Inc. for this project as well. Thank you for your cooperation. SPL:jm Enclosure ,,1;ttCt•1: f] v Very truly yours, DINGUS, HALEY & FOUST l= l �..�.� ?E -ten,. � • � . \c�.,��>tiz..._.., � c� Steven P. Lawrence Date COO SFNT TO. m Mayor oW�n ager Attorney r3 PJg. Dir. Li GenSery Dir. DF:? &RDir. ci Planninq Dir. ❑ Pol, hief Dir. 0 Steven P. Lawrence, Esq. DINGUS, HALEY & FOUST 505 Sansome Street, Suite 1600 San Francisco, CA 94111 Telephone: 415/391 -0405 STOP NOTICE (Public Works) TO: City of Newport Beach, George Pappas, Finance Director. YOU ARE HEREBY NOTIFIED that the undersigned claimant, Keith Hamilton, furnished labor to Submarine Engineering Associates pursuant to the certain public works contract made between the City of Newport Beach and Merco Construction Engineers, Inc. for that certain public work of improvement consisting of the improvements at Balboa Yacht Basin Marina; That the amount and value of that labor furnished by claimant, which is also the whole agreed to be furnished, is the sum of $19,656.00; that nothing has been paid or credited on said amount except the sum of $18,000.00; and that there is now due and owing to claimant, for and on account thereof, the sum of $1,656.00, in lawful money of the United States, after deducting all just credits and offsets, and the same has not been paid. WHEREFORE, the undersigned claims the benefit of the law given to laborers, materialmen, and others under and by virtue of the provisions of Division III, Title XV, Section 3103 and Sections 3181 and 3214 of the Civil Code of the State of California, and requests that you withhold from the original contractor, Merco Construction Engineers, Inc., sufficient money that may be due it or that may become due it for said work to answer and pay the amount of this claim, to wit, $1,656.00, plus interest at the legal rate. n DATED: July �, 1985. �� �• �; . c n . Steven P. Lawrence Attorney for Claimant Keith Hamilton Rt CEIVED R 444 7',: ;sj„ VERIFICATION State of California ) ) ss. County of San Francisco ) Steven P. Lawrence, being first duly sworn, deposes and says that he is the attorney for Keith Hamilton, named as claimant in the foregoing Stop Notice; that he is authorized to make this verification for and on behalf of said Keith Hamilton; that he has read the Stop Notice and knows the contents thereof; the he is informed and believes that the same is true and correct, and that it contains, among other things, a correct statement of the claimant's demand after deducting all just credits and offsets. July, 1985. Subscribed and sworn to before me this VZI day of P V `RLE D P`' "RULE v 'IG�i;Pi!A otary Public in and for the 6;y D,rmisMp, "mocs I..;.. 1987 tate of California. My commission expires on T� */7 f/�7 — Rr.,c1V t";uCF;: 6 Steven P. Lawrence, Esq. DINGUS, HALEY & FOUST 505 Sansome Street, Suite 1600 San Francisco, CA 94111 Telephone: 415/391 -0405 STOP NOTICE (Public Works) TO: City of Newport Beach, George Pappas, Finance Director. YOU ARE HEREBY NOTIFIED that the undersigned claimant, Coeur d'Alene Dredging, Inc. furnished dredges to Submarine Engineering Associates pursuant to the certain public works contract made bet- ween the City of Newport Beach and Merco Construction Engineers, Inc. for that certain public work of improvement consisting of the improvements at the Balboa Yacht Basin Marina; That the amount and value of that equipment rental fur- nished by claimant, which is also the whole agreed to be furnished, is the sum of $41,847.44; that nothing has been paid or credited on said amount except the sum of $7,977.84; and that there is now due and owing to claimant, for and on account thereof, the sum of $33,869.60, in lawful money of the United States, after deducting all just credits and offsets, and the same has not been paid. WHEREFORE, the undersigned claims the benefit of the law given to laborers, materialmen, and others under and by virtue of the provisions of Division III, Title XV, Section 3103 and Sections 3181 to 3214 of the Civil Code of the State of California, and requests that you withhold from the original contractor, Merco Construction Engineers, Inc., sufficient money that may be due it or that may become due it for said work to answer and 4a�ry the amount of this claim, to wit, $33,869.60, plus interest at the legal rate. DATED: July 1-5 , 1985. COEUR D'ALENE DREDGING, INC. By Its A4 —u.E_ IVEu lij C:r,ii VERIFICATION State of California ) ) ss. County of San Francisco ) Steven P. Lawrence, being first duly sworn, deposes and says that he is the attorney for Coeur d'Alene Dredging, Inc., named as claimant in the foregoing Stop Notice; that he is authorized to make this verification for and on behalf of said corporation; that he has read the Stop Notice and knows the contents thereof; that he is informed and believes that the same is true and correct, and that it contains, among other things, a correct statement of the claimant's demand after deducting all just credits and offsets. C . i July, 1985. Subscribed and sworn to before me this ¢ day of Notary Public in and for the State of California. My commission expires on ;I2Yg y -7 R „ - 9m�t�,� , ».:ate ■k�9d\ . . r ! ■ -!h ! ! G \ - $ ,y} ~d\ m Z. �$� §f .(/ « Ik |alt±} ® \(` 4J 00 �||k k �■�!2! »,. ! •_F § ) 3 a d & kk /x j. x - 9m�t�,� , ».:ate ■k�9d\ . . f a UNITED STATES POSTAL SERVICE 115Alqr_iiTUF I I R SENDER INSTRUCTIONS t your e►mf, address, and ZW Code in tlu a<b�low. :GmMfta Rims 1, Z i, and 4 on the tfvfn NOV 2 5,,985 PEUITY FOR PRIVATE USE. am U Newport Boulevard (No, and Strait, Apt, Sultf, P.O. Box or R.O. No.) I- ort Beach, CA 92663 • |l� ;f, ! § ! J 04 ® ■ ®`! -!!k i� a / f `�!`� ) \ k N 2 a k (kt— } ! ' A |§ § \k |a�(\�($° U k 7 k2 |! §|ƒ | « (/ \ | 2 ! § - B CC \ \ \{\j /�k §0. _FWRLBlnt aft ,_ :. . . . _c__ of- . UNITED STATES POSTAL SERVICE • OFHCIAL BUSINESS SENDER INSTRUCTIONS it You .r name, address, and ZIP Code in the co below. :omplite Items 1, 2, J. and 4 on the revere. kttach to front of article if space permits, stharwl" affix to back of article. 'a' Ppr L 1 r OF NOV 2I '198 Rftwn(j 5 tr /Y cz� 0' \> ,4 !M1,L1 PENALTY FOR PRNATE USE. $300 y Clerk/ City of Newport Beach Newport.'Boulevard and N a_ .c m W 0 t� rc� P 427 511 360 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED — NOT FOR INTERNATIONAL MAIL (Ste Reverse) Sent to Davis, Frommer & Jesinger Street and No. P.O. Rox 1794R P.O., State and ZIP Code Los Angeles. CA 90017 -448 Postage $ .22 Certified Fee .75 Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered .60 Return Receipt Showing to whom, Date, and Address of Delivery TOTAL Postage and Fees $ 1.57 Fostmark or Dete } ( ( E \} !§$lzl,,��, °r- !!l•; ;,, ;! ©■ !| !!'•_ - § :° ! } } {/ §(kB !� 2 PV | § ■!!A \ | m |§ } f| P 427 511 359 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED — NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to F. Douglas Tayloj Street and No. P.O., Stele and 2!P Cade Sacramento CA 95815 Postage $ .22 Certified Fee .75 Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered • 60 Return Receipt Shaving to whom, Date, and Address of Delivery TOTAL Postage and Fees $ 1.57 Postmark or Date '® Ra | W0 70 \ {)�) } \ \\ \ \ \ \ \ } \ \ } \ \ \ \ §�� 3 !' « | ƒo |#a■ !!- \ CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH. CA 92658 -8915 (714) 644 -3005 November 15, 1985 Certified Mail Return Receipt No. P 427 511 359 .F. Douglas Taylor 1851 heritage Lane, Suite 181 Sacramento, CA 95815 Dear F. Douglas Taylor On November 12, 1985, the City Council of Newport Beach accepted the Construction of Balboa Yacht Basin Marina (C -2422, Merco Construction of Camarillo, California is the Contractor), and authorized the City Clerk to file a Notice of Completion. Enclosed please find a copy of said Notice of Completion, as you requested. Sincerely, 1 Wanda E. Raggio City Clerk WER:pm Attachment cc: Public Works /John Wolter 3300 Newport Boulevard, Newport Beach . i STOP NOTICE TO: CONTROLLERS OFFICE CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 95663 -3884 RE: BALBOA YACHT BASIN MARINA NEWPORT BEACH, CA Claimant, ITT GRINNELL CORPORATION, 431 Richards Boulevard, Sacramento, California, has furnished, to the above project, equipment and materials of the following kind: pipe, valves and fittings, to or for DEWPOINT CONSTRUCTION. The amount in value of the whole agreed to be done or furnished by claimant was $15,364.34. The amount in value of that already done or furnished is $15,364.34. Claimant has been paid $0, and there remains due and unpaid the sum of $15,364.34 plus interest at the rate of seven percent per annum from September 1, 1985. You are required to set aside sufficient funds to satisfy this claim with interest. September 6, 1985 ITT GRINNELL CORPO TION By F. DOUGLAS TA OR Attorney for Claimant STATE OF CALIFORNIA ) ) ss COUNTY OF SACRAMENTO ) I am the Attorney for the Claimant, ITT GRINNELL CORPORATION, I have read the foregoing Stop Notice and know the contents thereof; and I certify that the same is true of my own knowledge. I certify under penalty of perjury that the foregoing is true and correct. Executed on September 6, 1985 at... Sacramento alifornia. F. DOUGLAS T LOR F. DOUGLAS TAYLOR ATTORNEY AT LAW 1851 HERITAGE LANE, SUITE 181 SACRAMENTO, CALIFORNIA 95815 (916) 925 -2911 September 6, 1985 Controllers Office City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 95663 -3884 RE: Balboa Yacht Basin Marina Newport Beach, CA Gentlemen: 1] CERTIFIED RETURN RECEIPT REQUESTED Enclosed is a Stop Notice tendered on behalf of my client ITT Grinnell Corporation. I have also enclosed a check in the sum of $2.00 and would appreciate receiving Notice of Completion of the project. Very truly your'S' F. Douglas Ti for FDT /mar cc: ITT Grinnell Corporation V sr -J G Dir. Dlr. L No'- l,hiet bV. Dir I ex • • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 November 15, 1985 Certified Mail Return Receipt No. P 427 510 981 Rosaline Crawford Bowers Tractor Service, Inc. 3636 Westminster Ave. Santa Ana, CA 92703 Dear Ms. Crawford: On November 12, 1985, the City Council of Newport Beach accepted the Construction of Balboa Yacht Basin Marina (C -2422, Merco Construction of Camarillo, California is the Contractor), and authorized the City Clerk to file a Notice of Completion. Enclosed please find a copy of said Notice of Completion, as you requested. Sincerely, Wanda E. Raggio City Clerk WER:pm Attachment cc: Public Works /John Wolter 3300 Newport Boulevard, Newport Beach 9 a ]T r rcT F SO O H n a m C 9 2 m • SENDER: Complete items 1, 2,3 and 4. Put your address in the "RETURN TD" space on the reverse side. Failure to do this will Prevent this Card from . being returned to you. The return reealot fas will orovida you the name of the person delivered to and We data of WIMry. For MditrortN tea the followingtMeket_ ,F available. Consult postmaster for fees orb ehpck bextlai ,^ for sarvicets) requested s I . Show to whom, data and address of delivery.: '- 2. ❑ Restricted Delivery. 3. Article Addressed to: .. , Rosaline Crawford Bowers Tractor Service, Inc. 3636 Westminster Ave. Santa Ana, CA 92703 4. Type of Service: Article Number ❑ Registered ❑ Insured p 427 510 981 Certified 0 COD , Express Mail Always obtain signature of eddresseegr agent and DATE DELIVERED. S. Signature — Addressee n„ X a. Signs re — gent X 7. Date of Delivery C� - ii -l9- oS S. Address6a's Address (Oft Y if r qu K 36 IA WC3 (yeN37frC 5gv-r$ 1 f"A CA 9L7©-:!. «t ] (k =) 2| �_ |) & /■ � ) & � � � \ ��. /� B I-CO .2�. . «t ] (k =) 2| �_ |) & /■ � ) & � � � \ ��. !!!{!§! #\(4 §i = :2 \a an q |!!% ,l. I= l;•� 7\§| « {5% a■ , lE.;! 2` ! � % |■I f!B| | % Iz, § ( ! kk| 9Ol#e44 %Q 4n .SPJIUae, PIRG. 24 HOUR SERVICE October 30, 1985 3636 WESTMINSTER AVENUE SANTA ANA, CALIF. 92703 CONTR. ST. LIC. *281771 City of Newport Beach 3300 Newport Blvd. Newport Beach, CA. 92663 Subject: Completion Notification Gentlemen: PHONE (714) 554.8980 r V R Enclosed, please find a check for $2.00 for the notice of completion to be sent to Bowers Tractor Service, Inc., upon completion of the job at Bayside Drive, Newport Beach, Ca. I have filed a stop notice and I would like you to process this as soon as possible. If you have any questions, please feel free to call. Yours truly, , INC. STOP NOTICE NOTICE TO WITHHOLD TO HOLDER OF FUNDS (Name of owner, construction lender ar public officer) (Address of owner or construction lender) YOU ARE HEREBY NOTIFIED THAT the undersigned claimant, BOWERS TRACTOR SERVICE, INC. (Name and address) has furnished or has agreed to HOLDER OF FUNDS, ) AND MAINTAINED HEAVY ( (labor, services, equipment, materials) of the following kind Rental of construction equipment and operated. (general description of labor, services, equipment or materials) to or for Dewpoint Corporation for the work improvement, located at, or known as: (name of person to or for whom furnished) _Bayside Drive, Newport Apathy fa (address, legal description, description of site or project identification) The amount in value of the whole agreed to be done or furnished by claimant is $ $3,413.50 The amount in value of that already done or furnished by claimant is $ 3,413 50 Claimant has been paid the sum of $_ 0 , and there remains due and unpaid the sum of $ 3,413.50 plus interest thereon at the rate of 18 per cent per annum from 7 -11 -85 , 1985 YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST. October 30, 1985 BOWERS TRACTOR SERVICE, INC. Name of Claimant 3636 Weer, inatpr, Al,pca_ r. A__. CA. 92703 Address of Claimant STATE OF CALIFORNIA COUNTY OF Orange ss. G ./ �1yiul: osAI, ,VD d sa s That the is the n r y : wsonf;+j who signed the foregoing Stop Notice; that the r to be true of Ir" own knowledge, except as to any matters or things that may there as to those matters and things She believes them to be true. C- ^ ' Mr. CJ "rv4)'G'P 0 pl o.'.nl ^'_1 Dlr. 0er. DI` b� u ubscribed and sworn to before me being duly sworn, deposes read the same and knows the contents thereof ) stated on lr e � information and belief and this 30th day of October 19_____85 OFFICIAL SEAL 6ARBARA J SCHWARDER NOTARY PUBLIC - CALIFORNIA Notary lic and in and for said State ORP NGE CA•'JN'Y L'y Comm. ezpires JUL 4, 1933 This standard form coven mort usual probiems in the field Indicated. Before you ei�, teed it. fill in all blanks, STOP NOTICE end make changes proper to your transaction. Consult a lawyer it you doubt the farm', fimea for lout purpose. WOLCOTTS FORM 884 —REv. 2.79 I CITY OF NEWPORT BEACH November 18, 1985 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 Certified Mail Return Receipt No. P 427 511 360 Jerrie P. Berry Davis, Frommer & Jesinger, Attorneys at Law P.O. Box 17948 Los Angeles, CA 90017 -4484 Dear Jerrie P. Berry: On November 12, 1985, the City Council of Newport Beach acceted the Construction of Balboa Yacht Basin Marina (C -2422, Merco Construction of Camarillo, California is the Contractor), and authorized the City Clerk to file a Notice of Completion. Enclosed please find a copy of said Notice of Completion, and copies of bonds, as you requested. Sincerely ,, Wanda E. Raggio �f City Clerk WER:pm Enclosures cc: Public Works /John Wolter 3300 Newport Boulevard, Newport Beach RICHARD J. DAVIS, JR.' ROGER FROMMER STEPHEN C. DOWNEY KATHRYN J. HALFORD ELIZABETH R. LISHNER JEFFREY L. CUTLER SUE C. GARBOWITZ ELIZABETH ROSENFELD ALLAN 5, COHEN A PROFESSIONAL CORPORATION DAVIS, FROMMER & JESINGER ATTORNEYS AT LAW P.O. Box 17948 1308 WEST EIGHTH STREET FOURTH FLOOR LOS ANGELES. CALIFORNIA 90017 -4484 (213) 388 -8125 October 8, 1985 0 CERTIFIED MAIL RETURN RECEIPT NO. P241827871 City Clerk City of Newport Beach 3300 Newport Beach Boulevard Newport Beach, California 92663 Gentlepersons: OF COUNSEL ALBERT BRUNDAGE ROBERT JESINGER SAN FRANCISCO OFFICE: 100 BUSH ST., SUITE MO SAN FRANCISCO, CA 94104 (415) 9� r N£ PORT of pC C4(IFBFq1N, rc Re: Dewpoint Construction Services Jobsite: Balboa Yacht Basin Marina. Enclosed is a Stop Notice filed on behalf of the Southern California IBEW -NECA Trust Funds, wherein the City of Newport Beach is requested to withhold money from the parties named in the contracts therein. Our check to cover the $2.00 statutory fee required by Section 3185, California Civil Code, is included below and we request that pursuant to said Section, you notify the under- signed of the date of acceptance or the date of the filing of 8Q1x%t €€ with the County Recorder with respect to the referenced job in the Stop Notice. Additionally, we request d copy of the labor and materials bond on this job. Date L& We enclose herewith our check for "Not to Exceed Cs $6.00" to cover the statutory fee above, costs of furnishing ❑( ;`ay ^r us copies of the labor and material bond, as well as any costs a�,euncilmen in mailing, etc. frna er O ,::�. Dir. v c,:r.S�ry Mr. Dir. L7 P1,,;:.;ng Dir. G- lice (Net fa P VJ. Dir , ��� 3 t;er , JPB /jas Enclosures 41� I l truly yours, S, FROMME & JESINGER IE P. BERRY legal iy L T 0 P N 0 T I C E TO: CITY OF NEWPORT BEACH CITY OF `'• NEWPORT BEACH, CALIF. OCT 91985® RECEIVED CITY CLERK NOTICE IS HEREBY GIVEN that at the construction project of Balboa Yacht Basin Marina, Newport Beach, County of Orange, under Contract No. 2422, on property owned by the City of Newport Beach ( "City "), Dewpoint Construction Services ( "Dewpoint "), did perform work as a subcontractor on the aforesaid construction project. Pursuant to a collective bargaining agreement entered into between Dewpoint and Local Union No.441, International Brotherhood of Electrical Workers, Dewpoint became indebted to the Southern California IBEW -NECA Trust Funds for work performed by employees of Dewpoint at the aforesaid project, for the months of August 1 through September 30, 1985, as follows: Health & Welfare $ Pension Vacation - Holiday Apprenticeship NEBF NEIF TOTAL $6,990.24 Said work and labor consisting of electrical wiring and equipment installation was performed at the aforesaid jobsite at the instance and request of City, Merco Construction, the general or prime contractor, Dewpoint, and each of them and was used and consumed upon the jobsite. You are hereby notified t.o withhold from Merco Date nstruction, Dewpoint, and each of them the sum of $6,990.24. CVPIES E►S 1TO. , ❑ P ray ^r ❑o6uridlmen j SOUTHERN CALIFORNIA IBEd -NECA LafP%%.".':n, ^der TRUST FUNDS u: i4 ',i; V Dir. D ❑Fv'`FiOir' BY ❑f" "'tt`� ce Dir CLAIRE DAVIS, Administrator ❑ FyE; Chief , T'ATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) I, Claire Davis, do hereby state that I am the Administrator and agent of the Trustees of the Southern California IBEW -NECA Trust Funds and am authorized to file this Stop Notice. I have read the foregoing Stop Notice, know the contents thereof, and the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on October 7 County of Los Angeles, State of JPB:ck VF165 WD290A30 1985 , at Los Angeles, alifornia. CLAIRE DAVIS, Administrator Saw Cutting, Breaking. Drilling and Removal DATE NOVEMBER 12, 1985 DEW POINT CONSTRUCTION 31 BETA COURT SAN RAMON, CA 94583 RE: INVOICE # 01- 159524, 01- 159525 PROJECT: 829 HARBOR ISLAND DRIVE NEWPORT BEACH, CA This letter is to inform you of our intent to file a Stop Notice, on the above mentioned project. The amount owing on this project i3, 385.00 Respectfully, Cindy Kelso Credit Manager ** PAYMENT MUST BE IN OUR OFFICE BY NOVEMBER 19, 1985 NO LATER THAN 10:00 A.M. C? t2 cc: CITY OF NEWPORT BEACH Cc ;c_ `_I'�iTO. MERCO CONSTRUCTION ENG. ❑ ";b1' ^_" D i' 1C! D(L C r� X2,.2 chief � :pier D��a Mailing Address: P.O. Box 4609 • Anaheim. CA 92803 • 1801 Penhall INay . (714) 772 -6450 • (213) 350 -4819 • CALIFOU91A PRELIMINARY NCSICE 16CE IN ACCORDANC WITH SESTION 3097 AND 9096, CALIFORNIA CIVIC CODE THIS IS NOT A LIEN, THIS IS NOT A REFLECTION OF THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR YOU ARE HEREBY NOTIFIED THAT... CONSTRUCTION LENDER or PENHALL COMPANY Reputed Construction Lender, if any foam, at p,,,ms or firm fumialang ial fn. sarn fni. aauwment o, maNdal) (714) 772 -6450 1801 Penhall Way of p or ritm fumiMmg Tabor, sends". 1 Anaheim, CA 92803 NONE GIVEN apu pmant or mmerieq . .... _.. ... has furnished or will fumish labor,.serVoes, equipment, or materials of the following general description. L Conf�rete Sawing, Core Drilling, Breekklgr Removal, Demolition r (general deafmpuon of me labor. semces, equmnanr or f-0LDHERE 1, mmemal lomishw or robe Mmshed) for the building, structure or other work of improvement located at: 829 HARBOR ISLAND DRIVE cade`ess or descroab OCiRXZ IDA YACHT) NEWPORT BEACH, CA(BASIN MARINA) su icwm for itbmibcaimn) The name of the person or firm who contracted for the pur- chase of such labor, services, equipment or materiel is: DEWPOINT CONSTRUCTION INC. OWNER or PUBLIC AGENCY (name and address or wson or firm) "or Reputed Owner (on public work) 31 BETA COURT (on private work) SAN ROMON, CA 94589 - :.:... An estimate of the total price of the labor, services, equip- ment or materials furnished or to be furnished is: $ to date CITY OP NEWPORT BEACH (Dona, amount dual w rumianed to comnruclion lender . optional as m 3300 NEWPORT BLVD °"ne 0rC0ntractor) (eatime, furnished upon request) NEWPORT BEACH, CA 92 663 Trust Funds to which Supplemental Fringe. Benefits are L- f Payable. (Nmerul mm rotrpuueetotamuM Laborers Local #652 (213) 738 -1500 . .Construefldn ben no. 'f m known) . (name) ' (addreea) Operating Eng. Local #12 (213) 356.1040 FOLDHEREIrunla) - (amranl Sprinkler Filter Local #669 (301) 946.7300 Electrician Local #11 (213) 487 -7313 NOTICE TO PROPERTY OWNER 9 bas are not pold In hull tar -tlfr labor, sarvilow sgalp- ment, or amtattala furnished or to be*tufnWlad, a mar: — 'a Ilan Uadkq to the loss, IlmoV Court Iwacbetwe poaadnge, of M rty or part of yaw prope bw ORIGINAL CONTRACTOR a Ine so lr. pi ,tray be placed agakat the property aran Reputed Contractor, if any erouo you hm paid your oorkradw In rub. You may adds to prow ym~ against to corNSgtwroe by (1) mgt"q your Contractor to ft~ a alprad slaw by era parson affirm givhq you this n an belotu rrWdrq ..� paymard to yaw contractor or M any other need or dwice witch In appioprYb urdw the olrourn"mma. MERCO CONSTRUCTION ENC. Dam; AUGUST 29, 1985 1175 CALLE SUERTE CAMARILLO, CA 93010 cnd6Mgr. l L g�5- 99� -g�l� J � Talepbone Nambw ( 714 1 772.6450 AMENDED STOP NOTICE Notice To: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92663 Prime Contractor: Merco Construction Engineera, Inc. Sub - Contractor: DewPoint Construction Services, Inc. Public Body: City of Newport Beach Improvement Known As: Balboa Yacht Basin Marina 829 Harbor Island Drive Newport Beach, California i GRAYBAR ELECTRIC COMPANY, INC., as claimant, filed its Stop Notice dated September 30, 1985 with the City of Newport Beach stating its claim to be $38,471.28 and requesting the City of Newport Beach to withhold such amounts pursuant to Section 3156 through 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. GRAYBAR ELECTRIC COMPANY, INC. now submits an Amended Stop Notice to the Stop Notice previously stated for materials used in the above - described Work of Improvement. The company by whom this claimant was employed to furnish materials is Dewpoint Construction Services, Inc. The kind of materials furnished by claimant herein was wire, conduit, switch gear, panels, fixtures and various electrical materials. Total Value of Materials Agreed to Be Furnished: Total Value of Materials Actually Furnished: Payments Received for Materials Purchased: Amount Due: -2CA' Claimant herein ut amends it to Stop Notice. DATED: November /r F4.oc3 r. (Open Ended) $ 134,956.15 $ 108,879,05 $ 26,077.10 does not withdraw its previous Stop Notice reflect figures as shown in this Amended 20, 1985 GRAYBAR ELECTR By: At/tornev -W -Fact , INC. VERIFICATION 0 I, the undersigned, state: I am the attorney -in -fact of the claimant named in the foregoing Amended Stop Notice; I have read said claim of Amended Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on November 20, 19 0 Stop Notice • NOTICE TO The City of Newport Beach Mass 3300 Newport Blvd Newport Beach CA 92663 # Address (Public Body or Lender) (If Public Job — file with office of controller, auditor, or other public disbursing officer whose duty it is to make payments under provisions of the contract.) (If Private Job —file with responsible officer or person at office or branch of construction lender administednit the construction funds.) Prime Contractor: f-lerco Construction Sub Contractor (If Any) Submarine Engineering Owner or Public Body: City of Newport Beach Improvement known as Balboa Yacht Basin Marina (name and address of protect or work of tmprovemenry 829 Harbor Island Newport Reach CA in the City of Newp)ort Beach County of Orange State of California. US RENTAi.S TNC- claimant,a Corp (CYatmant) (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 company by whom claimant was employed or to whom claimant furnished labor, service, equipment or materials is Submarine Engineering (Name of Subcontractor Cbntmctor Owrnerlluilder) The kind of labor, service, equipment or materials furnished or agreed to be furnished by claimant was Three Headed Scahhler (Describe In detail) Total value of tabor, service, equipment or materials agreed to be furnished .......... S Total value of labor, service, equipment or materials actually furnished is ........... $4,43S.20 Credit for materials returned, if any ......................... ... $ Amount paid on account, if any ... .......... . ................. $ Amount due after deducting all just credits and offsets .................... $4.43 5 _20 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 $?,3_..2_'0 , as provided in Sections 3156 ttw 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 i s not attached. (Bond required on private jobs — not on public jobs.) lis)ta not) Date nr,t. 91 tout Name of Claimant US RENTALS INC Asst. Secy (Of)fdai CaNclry) Verification for Partnership or Sole ownership STATE OF CALIFORNIA COUNTY OF SS. (Claimant or Representative) being first duly sworn deposes and says that he is (Owner, Partner or Agent) Of (Firm Name) turned as claimant in the foregoing claim; that he has read tali claim and knows the contents thereof, and that the facts therein stated are true. Date /�4t --x 'S S`:aT (StgrorureojAf)mnr) �i�Yt Ce kxibed and sworn to before me this WE�"OzLrl, day .car Rx.1Gr ey (SigmfureofN �tebtte) ❑ i..al fir. -`.' Cif N tar oy ❑ f u 2 G Z_r Stamp ❑ r'i:_, �, Fir_ � + �'' q.7aL e G`eE, , 7 �-^ Original of above notice received" WADCA FORM 4 (REV. 0-74) Verification for Corporation STATE OF CALIFORNIA COUNTY OF f SS. Orange ) CA. Albers (Claimant or Representative) being first duly sworn deposes and says that _he Is Asst Sect (OfJklal Capacity) of US RENTALS INC (Exact Corporate Name) the cor mration that executed the foregoing claim; that_ - makes t 7da verification on behalf of said corporation; that be has resc saki claim and knows the contents thereof, and that the facts thi rein state are two... rureo0oiant) U Subscribed and sworn to before me this 21 day of October )9 85 (Sfannaturo ofNOWY Publ1c) Notary, =@LISA Al 5d ._ Slamp 41E JEFFE ^`I 5UC ry tGE cou" &oft MAY 51. ": - I Of y.. m 0 m N ti N Q_ Z Q LL J Q U r w J J m Q O � m Z m Z . 7 a � 3 o � �2 4 Z �;�.�;:� fa Y .1-iF r � Y �,,.�..,_ �� X r CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 November 18, 1985 Certified Mail Return Receipt No. P 427 510 982 Jerrie P. Berry Davis, Frommer & Jesinger, Attorneys at Law P.O. Box 17948 Los Angeles, CA 90017 -4484 Dear Jerrie P. Berry: On November 12, 1985, the City Council of Newport Beach accepted the Construction of Balboa Yacht Basin Marina (C -2422, Merco Construction of Camarillo, California is the Contractor), and authorized the City Clerk to file a Notice of Completion. Enclosed please find a copy of said Notice of Completion, and copies of bonds, as you requested. Sincerely, A"'I" ` Wanda E. Raggio City Clerk WER:pm Enclosures cc: Public Works /John Wolter 3300 Newport Boulevard, Newport Beach ..r.. • �y to N R .. 0 M Pa $4 c N y 4 -!d 0O, • d F $ N S 2 fag LD U z pO. a £• a+ O 3 pn ogaa M M 61 . JJ 2.VgN yyvysY U t+1 t<i •SOS of <�= .• °dSa � cam` � � / W./ytiC e' tee.•.; ° h W E to �` ^. Est C4, W F ..r.. • �y to N R .. 0 M Pa $4 c N y 4 -!d 0O, • d F $ N S 2 fag LD U z pO. a £• a+ O 3 pn ogaa M M 61 . JJ 2.VgN yyvysY U t+1 t<i •SOS of <�= .• °dSa � cam` � � / W./ytiC e' tee.•.; ° h W E to �` ^. Est C4, N T t� W J e F F i� G W 1 A 9 M 1 C a z M m n_ . SENDER: Complete items 1, 2,3 and 4. Put your address in the 'RETURN TO" space on the reverse side. Failure to do this will prevent this card from being returned to you. The return receipt fee will Provide you the name of the person delivered 11 and the pate of delivery . For additional fees the following sarvkes era available. Consult postmaster for fees and cheek box(asl for servics(s) requested. ,14 [ Show to whom, deft and address of delivery. 2. 0 Restricted Delivery. 3. Article Addressadto: Jerrie P. Berry Davis, FroiLmLer & Jesinger Attorney at Law P.O. Box 17948 Los Angeles, CA 90017 -4484 4. Type of Service: Article Number ❑ Registered ❑ Insured P 427 510 982 Certified 0 COD O Express Mail Always obtain signature of addressee ter agent and DATE DELI VERFO. 5. Signature — Addresses X 6. signature — Ag X 7. Daft of Delivery &. Aedresseas Addreas (ONL pa N m P_ A d tz O m' F. f; P 427 510 982 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED— NOT FOR INTERNATIONAL MAIL (See Aeverae Sent to avis, Frommer &_Jesinger °t eBox "° 17948 P.O., State and ZIP Code os Angeles, CA 90017 -4484 Postage $ .22 Certified Fee .75 special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered .60 Return Receipt Shoaling to whom, Data, and Address of Delivery TOTAL Portage and Fees $ 1.57 Postmark orr'Date Ii! •®!�I ©®�!!i!! ;�| /(k\ \ } /\ /$ƒƒ|t|! `2 ;l� |� ;z ;2 ;■i&■ !|2(¢ 6 ( { §�! !, : /§ i ! -. «� 9q 3! |§ ! „!!I ■,■ { § || I || RICHARD J. DAVIS. JR. ROGER FROMMER STEPHEN C. DOWNEY KATHRYN J. HALFORD ELIZABETH R. LISHNER JEFFREY L. CUTLER SUE C. GARBOWITZ ELI2A BETH ROSENFELD ALLAN S. COHEN A PROFESSIONAL CORPORATION n '. ;r U.3 ,..;. !lncn Zr r2y Lj 13r?_s::,n Dir. is t- -•' =vc diet �". Dir ffl�r 0 DAVIS, FROMMER & JESINGER ATTORNEYS AT LAW P.O. Box 17948 1308 WEST EIGHTH STREET FOURTH FLOOR LOS ANGELES. CALIFORNIA 90017 -4484 (213) 388 -8125 October 11, 1985 0 CERTIFIED MAIL RETURN RECEIPT NO. P241 827 872 City Clerk City of Newport Beach 3300 Newport Beach Boulevard Newport Beach, California 92773 Gentlepersons: OF COUNSEL ALBERT BRUNDAGE ROBERT JE51NOER SAN FRANCISCO OFFICE: 100 BUSH ST.. SUITE 1500 SAN FRANCISCO, CA 94104 (415) 986.4060 Re: Dewpoint Construction Services Jobsite: Balbpa..Yacht,.Basii. -Ma ixla.8 Enclosed is a Stop Notice (wages) file on behalf of the Southern California IBEW -NECA Trust Funds, wherein the City of Newport Beach is requested to withhold money from the parties named in the contracts therein. Our check to cover the $2.00 statutory fee required by Section 3185, California Civil Code, is included below and we request that pursuant to said Section, you notify the un- dersigned of the date of acceptance or the date of the filing of a notice of completion with the County Recorder with respect to the referenced job in the Stop Notice. Additionally, we request a copy of the labor and materials bond on this job. We enclose herewith our check for "Not to Exceed $6.00" to cover the statutory fee above, costs of furnishing us copies of the labor and material bond, as well as any costs in mailing, etc. CITY OF 'X,% \ s NEWPORT BEACH, `� \ CALIF. OCT i�t' n ni JPB /jas w�`- Enclosure 1( rte truly yours, F- RO. M/�KE, f� JFfSINGER IE P. B`/ /ER/RJY /J�'�OJ. aralegal T ' S T O P N 0 T I C E [WAGES] TO: CITY OF NEWPORT BEACH NOTICE IS HEREBY GIVEN that at the construction project of Balboa Yacht Basin Marina, Newport Beach, County of Orange, under Contract No. 2422, on property owned by the City of Newport Beach ( "City "), Dewpoint Construction Services, Inc. ( "Dewpoint ") did perform work as a subcontractor on the aforesaid construction project. Pursuant to a collective bargaining agreement entered into between Dewpoint and Local Union No.441, International Brotherhood of Electrical Workers, Dewooint became indebted for wages to its employees, who have assigned their claims to Local Union No. 441, International Brotherhood of Electrical Workers, the exclusive barqaininq agent for employees of Dewpoint, and to Business Manager of Local 441. During the period September 6, 1985 to September 21, 1985, the following wanes became due, owinq and remain unpaid: TOTAL: $5,491.20 The demand of Claimant after deducting all just credits and offsets is $5,491.20, as set forth in Appendix "A" attached hereto and by this reference incorporated herein. Said work and labor consisting of electrical wiring and equipment installation was performed at the aforesaid jobsite at the instance and request of the City, Merco Construction, the prime or subcontractor, Dewpoint, and each of them, and was used and consumed upon the jobsite. You are hereby notified to withhold from Merco Construction, Dewpoint, and each of them, the sum of $5,491.20. LOCAL UNION NO. 441, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS BY ED HANS , Business Manager STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) I, Ed Hansen, do hereby state that I am the Assignee and agent of the employees of Dewpoint and am authorized to file this Stop Notice. I have read the foregoing Stop Notice, know the contents thereof, and the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on to % -8S , 1985, at �►'�� County of Orange, State of California. JPB:ck VF6165 WD310A27 D HANSEN JOBSITE: BALBOA YACHT BASIN MARINA NEWPORT BEACH NAME DATES SOC. SEC, # UNPAID WAGES JERRY KEATING Sept. 6, to Sept. 21, 1985 360 -20 -1171 $1,830.40 DOUG DURAND Sept. 6, to Sept. 21, 1985 573 -92 -1069 $1,830.40 JULIUS LESNICK Sept. 6, to Sept. 21, 1985 384 -18 -3617 $11830.40 TOTAL: $5,491.20 APPENDIX "A" 0 0 CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT Upon receipt by the undersigned of a check from Merco Construction Engineers, Inc. in the sum of $35,523.60 payable to Submarine Engineering Associates, Coeur d'Alene Dredging, Inc., and Winston & Cashatt Law Firm, and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release any mechanic's lien, stop notice, or bond right the undersigned has on the job of the $alboa Yaaht.Basin Marina located at Newport Beach, California. This release covers the final payment to the undersigned for all labor, services, equipment or material furnished on the job. Before any recipient of this document relies on it, the party should verify evidence of pay- ment to the undersigned. Dated: V-<- i3 S COEUR D'ALENE DREDGING, INC. By Keith Hamilton, President By Keith Hamilton, Ihdividually �1 Q Date .,aycr tis ;,�' ❑ C� ❑Cilmen c v r ager „torney .1 { ii -c;; + `tS C ✓: — [i r nSery Dir. C f`3 & D Dir. ❑ plenring Dir. p a Chie Dir they ,� 1 •] t MERCO CON'STRLWION ENGINEERS, Itf.0 UNION BANK SAN FERNANDO VALLEY 4688 1175 CALLE SUIERTE REGIONAL HEAD OFFICE P. o. qp&eao tao CAMA41LL09 mile 15-77/303 A..". JDATS CHKCX NO. AMOUiT 8/20/85 4688 $35.523 60* PAY 7- TO Coeur d'Alene -91ridging.. Inca THE ORDER Submarine Engineering Associates &: MERCO CONSTRUCTION ENGINEERS, INC. or Law Firm of Winston & Casbatt JeLMY1 504 31st Street'. 4 Newport Beach,, CA 92663 IIv0046aa#as:L22000??W 30350 "l 144 ,1'00035523 1''I w. 0 44 H 0 , . $4 tP Old (D 45-" O 4J 0 a 4-1 W ri &.1000-09, )MY1 ANY 3111y3s ads �3 9Z .d 'S. 9V 0 STOP NOTICE - PUBLIC WORKS (CCP 3181) TO: PUBLIC WORKS DEPARTMENT City of Newport Beach 3330 Newport Blvd. Newport Beach, CA 92663 RE: BALBOA YACHT BASIN MARINA Contract No. 2422 RECUIED L P OBL(ti WORKS SEP" Y OF t3 REWPCRi Bu1C"': CALIF. gip! `rnll�,n YOU ARE HEREBY NOTICED pursuant to Section 3181 of the California Civil Code that claimant, Dewpoint Construction Services, Inc., 31 Beta Court, Suite D, San Ramon, CA 94583, furnished materials and labor to Merco Construction Engineers, Inc. on the work of improvement described above. The name of the owner or reputed owner of said premises is City of Newport Beach, Public Works Department, 3330 New- port Boulevard, Newport Beach, CA 92663 -3884. The materials and laborfurnished by said claimant were mechanical and electrical supplies. Claimant furnished said materials and labor to Merco Construction Engineers, Inc. whose office address is 1175 Calle Suerte, Camarillo, CA 93010 and whose job address is 829 Harbor Island Drive, Newport Beach, CA 92662. The amount in value as near as may be calculated of the materials and labor estimated to be furnished on said project, work of improvement and property described above is the sum of four hundred seventeen thousand nine hundred thirty -seven dollars ($417,937.00). The amount and value o 1.1 ''' 1, V�� the materials and labor already furnished is four hundred one thousand seven hundred seventy -two dollars ($401,772.00). Claimant has paid or credits issued in the sum of three hundred forty -three thousand three hundred forty -nine dollars ($343,349.00) and there remains due and unpaid the sum of fifty -eight thousand, four hundred twenty - three dollars ($58,423.00) together with a service charge thereon at the rate of twelve percent (12 %) per annum from 18 September 1985. The preliminary 20 -day Notice required by Section 3098 of the California Civil Code was served by Claimant on or about 14 January 1985. 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 fifty -eight thousand four hundred twenty -three dollars ($58,423.00) as provided in Sections 3156 through 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. DATED: September 18, 1985 DEWPOINT CONSTRUCTION SERVICES, INC. Ea ±e G €!. ,_S SENT TO: by i 4a r Ja J. Bry [3 nc�lmen Vi e- President fo laimant 4^ ager .torney anSery Dir. G'3 & R Dir. ng Dir. ,� p e Chief W Dir ' n q, � • VERIFICATION STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA C' I am a party to this action. The matters stated in the foregoing document are true of my own knowledge except as to those matters which are sited on information and belief, and as to those matters I believe them to be true. I am an Officer, Vice - President /Controller of DEWPOINT CONSTRUCTION SERVICES, INC., a party to this action, and am authorized to make this verification for and on its behalf, and I make this verification for that reason. Executed on 18 September 1985, at San Ramon, California. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Jack Bryan Sig re PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA I am employed in the County of Contra Costa, State of California. I am over the age of 18 and not a party to the within action; my business address 31 Beta Court, San Ramon, California.. On 20 September 1985, I served the foregoing document described as STOP NOTICE - PUBLIC WORKS (CCP 3181) on the parties in this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows: CERTIFIED MAIL PUBLIC WORKS DEPARTMENT CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92663 -3884 CANADIAN INDEMNITIES COMPANY P.O. Box 7350 Costa Mesa, CA 92628 Re: Bond #B39613 MERCO CONSTRUCTION ENGINEERS, INC. 1175 Calle Suerte Camarillo, CA 93010 (By mail) I caused such envelope with postage thereon fully prepaid to be placed in the United States mail at San Ramon, California. Executed on 20 September 1985, at San Ramon, California. (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Jean Simpson _ Signature CROWLEY 0 0 CONSTRUCTORS, INC. i; AUi, l ly ^hi< City of Newport Beach T0: City Clerk and City Treasurer You are hereby notified that the undersigned claimant, Crowley Constructors Inc., furnished Submarine Engineering Associates, pursuant to a contract made between the City of Newport Beach and Merco, Inc., for that certain public work of improvement consisting of the Bayside Marina, Harbor Island overhaul; and which is and was the whole of the provision for service of equipment agreed to be furnished by claimant; that the contract price of the charter of equipment was and is the sum of $69,376.65 dollars which is the reasonable value; $50,386.65 has been paid and credited on the amount; and that there is now due and owing to claimant the sum of $18,990.00 dollars. Wherefore, the undersigned claims the benefit of the law given to laborers; materialmen, and others under and by virtue of the provisions of Division III, Title XV, Section 3103 and Sections 3181 to 3214 of the California Civil Code and prays that you withhold from the original contractor sufficient money that may be due it or that may become due it for the work to answer and pay the amount of $18,990.00 for this claim. August 15, 1985 I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Dote o tAayor u C,c,Linc men © R�Renager Attorney f.' .Or. 6�n� ry Dir. JIg RD!r. Cl ?i441'mg Dir. G Pe':ice Oiet oir Pier C., Berth 22 Long Beach, California 90802 (213)432.6918 21 Tuna Lane San Diego, California 92101 (714) 239 -8752 321 Embarcadero Oakland, California 94606 (415) 893.7020 C CROWLEY CONSTRUCTORS, INC. caw o, � AIJG 19 1925 1'ut?iJe11 August 15, 1985 City of Newport Beach 3300 Newport Beach Blvd. Newport Beach, CA 92660 ATTN: City Clerk Gentlemen: Pursuant to our conversation today, I am enclosing a Stop Order on your Bayside Marina Harbor Island overhaul contract with Merco Inc. for your disposition. Also enclosed is a copy of our Preliminary Notice. Very truly yours, Everetta Cox, Administrative Manager /aj d Encl. REF: 021/015 Pier C., Barth 22 21 Tune Lune 321 Embarcedero Long Beech, California 90802 San Diego, California 92101 Oakland, California 94606 (213) 432 -6918 (714) 23 ?8752 (415) 693 -7020 a _ VKNIA PRELIMINARY. NOTICE 683257 IN ACCORDAN TH SECTION 3097 AND 3098, CALIFOR IVIL CODE .THIS IS NOT A LIEN, THIS IS NO r A Rt- ECTION ON THE INTEGRITY OF ANY ATRACTOR OR SUBCONTRACTOR YOU ARE HEREBY NOTIFIED THAT ... F Crowley Constructors, Inc.. , (name of person or firm furnishing labor, services, equip - menuor material) II CONSTRUCTION LENDER or Pips C, Berth 22 Reputed Construction Lender, if any L(address of person or firm furnishing labor, services, r � Long Beach, CA 90802 cm r17 lcj / equipment or material) C �~ mr,; V(.4�CN _ has furnished or will furnish labor, services, equipment, or- PfE� �n materials of the following general description: C _ AUG �9198�► -(I Botton Dump Barge } [[11 [[ [general description of the labor, services, equipment or L r1L � O `� `2 material furnished or or to be furnished) 1 ,� �� for the buildip6 stnture r o.48r wo J�( of.ii$ yement P located at: Balboa Ildcht Basin FOLD HERE (address or description of job site Y Marina, Newport Beach, CA sufficient for identification) The name of the person or firm who contracted for the purchase of such labor, services, equipment or material is: SLIBM.ARINE ENGINEFRING F:SSOC. - (name and address of person or firm) 504 31st. Street _ OWNER or PUBLIC AGENCY or Reputed Owner (on public work) Newport Beach, CA 926631 (on private work) An estimate of the total price of the labor, services, equipment or materials furnished or to be furnished is: r -1 $ CITY OF NEWPORT BRACH (Dollar amount must be furnished to construction lender City Hall : _ — optional as to owner or contractor) 3300 Newport Blvd. Trust Funds to which Supplemental Fringe Benefits are Newport Beach, CA 92663 Payable- (Material men not required to furnish) L J (name) (address) Construction loan no. (if known) (name) (address) FOLD HERE (name) (address) (name) (address) NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equip- ment, or materials furnished or to be furnished, a me- chanic's lien leading to the loss, through court fare- closure proceedings, or closure proceedings, of all or part of your property being so improved may be placed against the property even Reputed Contractor, if any though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making I— - payment to your contractor or (2) any other method or device which is appropriate under the circumstances. mzp,CO, Ih'C 985 P. 0. Box 686, 1175 Calle Suerte Dated: February 26, 198 i Er s ra ive Ca-narillo, CA 93010 - „ .., Manager signature (final L J Telephone Number ( 213 1 1132 -6918 NOTE: COMPLETE DECLARATION OF SERVICE INFORMATION ON THE REVERSE SIDE OF THIS PART. This form (No. 594 Revised 1180) 0 Copyrighted by and distributed through BUILDING INDUSTRY CREDIT ASSOCIATION (213) 362 -7151 r I I 5 M m C C 9 Z m O v M O 2 C a v z 6- 0 SENDER: Complmdhemc 1, 7, and 3. " Add yom sddmu in the "RETLIJLN TO" tyal mmn. 1. The following service is mq>r and (check one.) D Show to whom and date delivered........... �j1Q D Show to whom, date and address of delivery ..._t D RESTRICTED DELIVERY Show to whom and date delivered ............ _ t D RESTRICTED DELIVERY. Show to whom, date, and address of dellvery.S_ (CONSULT IROSTMASTER FOR FEES) _ 2. ARTICLE ADDRESSED TO: CITY OF NEWPORT BEACH City Hall 3300 Newport Bl Newport Beach, CA 92663 3. ARTICLE DESCRIPTION: REGISTERED NO. CC"NIFIED NQ I INSURED NO. 9498048 (Always obtain aignawra of sddrassea or agent) 1 have received the art! le described ab SIGMA E d 0Aath t e. EOFDELIVERY ti T Tel *GPO 1971)4884144 P12 ,`.- h__ EIPT FOR CERTIFIED MAIL _ NO INSURANCE COVERAGE PROVIDED — NOT FOR INTERNATIONAL MAIL (See Reverse) e r P C g `o h a SENTTO CITY OF NEWPORT BEACH STREETANDNO. 3300 Newport Blvd P.O.. STATE AND ZIP CODE Newport Beach CA 92663 POSTAGE $ ____22_ CERTIFIED FEE W o w w f RY . C SPECIAL DELIVERY e CELVERESTREDD SHOW TO WHOM AND OAEOELIVERED _ SHOW TO WOM DATE ANDADDRESSOF e° a W DELIVERY S, w SROWTO WHOMANDOATE DELIVERED W)TH RESTRICTEG c i o DELIVERY v SHOW TO WHOM, DATE AND ADDRESS OF DELIVERY WITH c RESTAILTED DELIVERY TOTAL POSTAGE AND FEES 3 1.67 POSTMARK OR DATE D D a L a 9 O Z L N O n A O � 0 Q / m 3 a E N V O q Y L S W L 9 b J O L C O U 2 b i a 0 E 3 b y hu!um," ajgy ue powy w,y (uo�laJOdsaJY-ZDOE ""od D a `o b C 6 O 6 F E Z STOP NOTICE NOTICE TO WITHHOLD TO HOLDER OF FUNDS T0: Wanda E. Anderson City Clerk City of Newport Beach (Name of owner, construction lender or public officer) 92663 City Clerk, 3300 Newport Boulevard, Newport Beach, C IOLDER OF FUNDS. (Address of owner or construction lender) YOU ARE HEREBY NOTIFIED THAT the undersigned claimant, RMP MARKETING CORPORATION, 1000 Brioso Drive, Costa Mesa, Ca. 92627 (Name and address) has furnished or has agreed to furnish Materials (labor, services, equipment, materials) of the following kind 162 PC- 100/200 Power centers (general description of labor, services, equipment or materials) to or for Dewpoint Construction Services, Inc- , for the work improvement, located at, or known as: (name of person to or for whom furnished) l //y Balboa Yacht Basin Marina, Contract-244-2-1 (address, legal description, description of site or project identification) The amount in value of the whole agreed to be done or furnished by claimant is $?3 , 423 . 90 Ill"y The amount in value of that already done or furnished by claimant is $ 23,423.90 _rA1I Claimant has been paid the sum of $ 20, 367. 00�, and there remains due and unpaid the sum of $ 3, 056.90 7�F1r1 plus interest thereon at the rate of 18 per cent per annum from July 15 19_85_ YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. Dated: July 29, 1985 RMP MARKETING CORPORATION Name of Claimant 1000 Brioso Drive Address of Claimant _ Costa Mesa, California 92627,. STATE OF CALIFORNIA COUNTY OF._CY) / r: 1 being duly sw , depgses and says: That —he is the person(s) who signed the foregoing Stop Notice; that —he has read the same and knows the content reol to be true of h_s_ own knowledge, except as to any matters or things that may therein be stated on h IS information and belie as to those matters and things _Ile believes them to be true. President Ct:;' ':S SENT TO: RMP MARKETING CORPORATION 0 PSayr,r Subscribed and sworn to before me ❑ C_xmcilmen `: =nor th' `k^ Yof �wl 19.2s;'_ Fkl,:iJrlieY I G F, Dir. Li 'L':;,ri]_o.ry Dir. Notary Public and in Ind for said State O 13 & R Dir. P ,'inning Dir. 0 ire thief {Yf Dir , cr r and aka Ch [orm coven moat usual auubtamr to the field la Indl9 you Before the rlml rwd atl o tall b and ms4e Changes proper to your tremRetloR. Ceorult a Dwyer U you doubt the form s amen tar Your carpets. WOL NOTICE WOLCOIT111 FORM 004 —R9v, 2.93 I STOP NOTICE NOTICE TO WITHHOLD TO HOLDER OF FUNDS cif (Name of owner, construction lender or public officer) 3300 'Newport Tlvd ..ewport coach Ca j2663 HOLDER OF FUNDS. (Address of owner or construction lender) YOU ARE HEREBY NOTIFIED THAT the undersigned claimant, 12507 Zeus : ve i „orwalk Ca 90650 (Name and address) has furnished or has agreed to furnish :%ump Truck _eer,tal (labor, services, equipment, materials) of the following kind �)ruap Trucks (general description of labor, services, equipment or materials) to or far Submarine :Sng elssoc /::erco -oust -ng Ing for the work improvement, located at, or known as: (name of person to or for whom furnished) £29 ::arbor island :;ewport .each (address, legal description, description of site or project identification) The amount in value of the whole agreed to be done or furnished by claimant is $464 15. 92 The amount in value of that already done or furnished by claimant is $ 464 • 92 Claimant has been paid the sum of $ 00, 00 and there remains due and unpaid the sum of $ 4`,345.32 3 , 5 plus interest thereon at the rate of 5/” per cent per annum from `y 19�. YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST. Dated: �(✓' / " ; Jj Name of Claimant X / T Address of Claimant / r, J; nIZ ~ tr STATE OF CALIFORNIA i (' ~ 00 o c 2 N� lr Ewa.t_ > °o�_`i� COUNTY OF ix - -.� v7 `.v c ° `V m >. o ei+ oe1 e d __ tyC�py L a-• L\. 5 V a. fa C3 S d �. being duly sworn, deposes and says: That —he is the person(o who signed the foregoing Stop Notice; that _he has read the same and knows the contents thereof to be true of he� own knowledge, except as to any matters or things that may therein be stated on trr� information and belief and as to those matters and things —he believes them to be true. Subscribed and sworn to before me x c.0 C� fit i , this day of �- 19� "'C'iAL SERI. ISHIRLEY r/' ) `����`"jy7`•� %C, R Nor „���t:el.rr�ROVE,l N'4 �” ''R,NCWAt CFFiCf IN Notary Public and and for said State -'� My `''[1101isSgri t0' a'vGFtLS COON rr E x;)aes may 9 1987 iLb standard form ePVm mast mud awub4ms in the Reld Indicated. Wrote you r�en� Ivad 4 ail ta blanks, STOP NOTICE and make CJDanan prayer to your IranYCtlon, a:®wt a 6vryer wOLCOTTB FORM 1994 —Riev. 2.13 U you dwbt the in s fltaru for YOU R a T0: FINANCE DIRECTOR PUBLIC WORKS FROM: CITY CLERK DATE: October 17, 1984 SUBJECT: Contract No. CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK (714( 640 -2251 Description of Contract Balboa Yacht Basin Marina Effective date of Contract October 17, 1984 Authorized by Minute Action, approved on September. 24, 1984 Contract with Merco Construction Engineers, Inc. Address 1175 Calle Suerte Camarillo. CA 93010 Amount of Contract $2,968,863.55 i Wanda E. Andersen City Clerk WEA:It attach. City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 TO: CITY CLERK FROM: Public Works Department SUBJECT: BALBOA YACHT BASIN MARINA (C -2422) E October 16, 1984 Attached are the original and three copies of the subject contract documents, including insurance certificates. Please have them executed on behalf of the City and return all but your original to this office. j f - x- /yy✓ L�"Y.0 /ice Sohn Wolter Project Engineer JW:jd Att. CITY CLERK ef* • • September 4, 1984 t CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 BALBOA YACHT BASIN MARINA CONTRACT NO. 2422 BIDDERS shall propose to complete Contract No. 2242 in accordance with the contract documents, the Proposal, the Plans, the Specifications, and as modi- fied by Addendum No. 1 I. Sheets Nos. 34 and 35 of the Drawings (labeled E -2 and E -3) are re- vised as follows: a. On Dwg. E -2, reference note #9 shall be replaced with the follow- ing note: "Telephone pull box, concrete type, 2' W x 3' L, equal to Quickset #TC 1000 with HT 1000 lid." b. On Dwg. E -2, delete the telephone pull box at the far west end of the project feeding Slip Tier A and replace with a large radius sweep in the 2" conduit stubbed out to the face of the bulkhead. c. On Dwg. E -2, from "MTTB" to the pull box in the driveway, increase the number of conduits to two 3" C.O. in lieu of one 3" C.O. d. On Dwg. E -2 and E -3, telephone conduit size for the main telephone run in the driveway running east and west shall be increased from 2" to 3" between pull boxes feeding Slip Tiers B, C, and D. These revisions will be added to the drawings when the "As Built" Drawings are completed. II. Section 02482, part 3.01, DREDGING EQUIPMENT, on page SP -58 of the Special Provisions shall be a ete an rep aced with the following: Remove material to be dredged with hydraulic suction dredge or mechanical equipment. Use equipment that is in good repair and correctly operating. Remove from the site any equipment not operating satisfactorily in Engineer's opinion or not conforming to requirements of public agencies having jurisdiction and furnish ap- proved equipment at no extra cost to City. Take pre- cautions to prevent discharge of fuel or oil into the water. 1 1 Y ADDENDUM NO. 1 (cont'd) The Army Corps of Engineers Permit and the Regional Water Quality Control Board Permit for the project, included in the Appendix to the Special Provisions, are being revised to include hydraulic suction dredge or mechanical equipment. All other conditions of the permits are to remain unchanged. III. In addition to the insurance requirements shown on the City's Standard Certificates of Insurance and in the Special Provisions, the following insurance is also required: Longshoremen's and Harbor Workers' Compensation Insurance shall be provided as required by applicable Federal and /or State law. Please sign and date this addendum and attach a copy to your bid proposal. September 13. 1984 Date 2 MERCO CONSTRUCTION ENGINEERS, INC. Bidder's Name S /Arnold Heirshberg, Corporate Sec. Authorized Signature Benjamin B. Nolan Public Works Director I 1 Item Estimated No. Qty. & Unit Item Description With Lump Sum Unit or Unit Price Written In Words Price Total Price A 1. 1 Mobilization and demobilization, ' Lump Sum for the lump sum price of CITY OF NEWPORT BEACH Two Hundred Thousand Dollars PUBLIC WORKS DEPARTMENT and BALBOA YACHT BASIN MARINA No Cents CONTRACT NO. 2422 Per Lump Sum PROPOSAL ' The Honorable City Council City of Newport Beach 3300 Newport Boulevard ' Lump Sum P.O. Box 1768 Newport Beach, CA 92663 -3884 Gentlemen: Undersigned declares and certifies that he has carefully examined the location of the work; including an inspection of the water area during tide levels of +0.5 (MLLW) or lower, has read the Notice Inviting Bids, has examined the Plans and these Special Provisions, and hereby agrees to furnish all labor, materials, equipment, transportation, and services to do all the work required to complete ' Contract No. 2422 in accordance with the Plans (Drawing No. H- 5098 -S consisting of 65 sheets), the City's Standard Specifications, Standard Special Provisions and Drawings, and these Special Provisions; and that the undersigned will take ' in full payment therefor the following unit prices for each bid item, complete in place, to wit: Item Estimated No. Qty. & Unit Item Description With Lump Sum Unit or Unit Price Written In Words Price Total Price 1. 1 Mobilization and demobilization, ' Lump Sum for the lump sum price of Two Hundred Thousand Dollars and No Cents $ 200,000.00 Per Lump Sum REMOVALS 2. 1 Removal and disposal of buildings ' Lump Sum (approx. 6900 SF) for the lump sum price of Hundred ' Fourteen Thousand Nine/ Dollars and No Cents $ 14,900-0 Per Lump Sum Contract No. 2422 Proposal - Page 1 ' 1 1 t. i 1 Item Estimated Item Description With Lump Sum Unit Total No. Qty. & Unit or Unit Price Written In Words Price Price 3. 1 Removal and disposal of bulkhead Lump Sum walls for the lump sum price of Hundred Eighteen Thousand Two/ Dollars and No Cents $ 18,200.00 Per Lump Sum 4. 1 Removal and disposal of floating Lump Sum docks, gangways, and landings (approx. 38,500 SF) for the lump sum price of Seven Hundred Fifty Twenty -four Thousand/ Dollars and No Cents Per Lump Sum 5. 1 Removal and disposal of 42 steel Lump Sum or wood dock anchor piles for the lump sum price of Hundred Fourteen Thousand Two/ Dollars and No Cents $ 14.200.00 Per Lump Sum 6. 1 Removal, salvage, cleaning, and Lump Sum delivery of 17 concrete dock anchor piles for the lump sum price of Six Thousand Four Hundred Dollars and No Cents $ 6,400.00 Per Lump Sum 7. 1 Clearing and grubbing including Lump Sum removal and disposal of paving, fencing, and items shown on Drawings C1 and C2, including the items to be salvaged and reinstalled, for the lump sum price of Hundred Fifty Forty -nine Thousand Six/ Dollars and No Cents $_49-z650. 00 Per Lump Sum Contract No. 2422 Proposal - Page 2 I 10. 53 Construct precast concrete sheet Linear Feet pile groin with reinforced or prestressed concrete sheet piles, complete with cap beam, for the unit price of ' Fnnr Hundred Ten Dollars and No Cents $ 410.00 $ 21.730.00 Per Linear Foot 11. 4 Furnish and install 18 -inch square f Each precast concrete dock anchor piles Item Estimated Item Description With Lump Sum Unit Total ' Two Thousand Five Hundred/ Dollars No. Qty. & Unit or Unit Price Written In Words Price Price STRUCTURAL i 8. 1,246 Construct precast concrete sheet Linear Feet pile bulkhead with 10" thick reinforced or prestressed sheet piles, complete with tie back system, cap beam, and concrete ' block closure wall, for the unit of price Three Hundred Sixty -five Dollars and No Cents $ 365.00 $ 454,790.00 Per Linear Foot 1 9. 110 Construct precast concrete sheet Linear Feet pile bulkhead with 12" thick reinforced or prestressed sheet piles, complete with tie back system, cap beam, and closure to existing wall, for the unit 1 price of Four Hundred Sixty -five Dollars and No Cents $ 465.00 $ 51,150.00 Per Linear Foot I 10. 53 Construct precast concrete sheet Linear Feet pile groin with reinforced or prestressed concrete sheet piles, complete with cap beam, for the unit price of ' Fnnr Hundred Ten Dollars and No Cents $ 410.00 $ 21.730.00 Per Linear Foot 11. 4 Furnish and install 18 -inch square Each precast concrete dock anchor piles for the unit price of Forty Two Thousand Five Hundred/ Dollars and No Cents $ 2,540.00 $ 10,160.00 Per Each I IContract No. 2422 Proposal - Page 3 t 0 0 Item Estimated Item Description With Lump Sum Unit Total No. Qty. & Unit or Unit Price Written In Words Price Price 12. 9 Furnish and install 16 -inch square Each precast concrete dock anchor piles for the unit price of Sixty One Thousand Seven Hundred/ Dollars and No Cents $ 12760.00 $_15j840.00 Per Each 13. 84 Furnish and install 14 -inch square Each precast concrete dock anchor piles for the unit price of One Thousand Twenty Dollars and No Cents $ 1 0 0 0 $ 85.680.00 Per Each EARTHWORK AND SITE IMPROVEMENTS 14. 18,050 Dredging and disposal for Cubic Yards the unit price of Nine n „ 1 15. 2,365 Cubic Yards 1] I J L� and Eighty -five Cents $ 9_1g5 $ 177.792.50 Per Cubic Yard Unclassified excavation for the unit price of Eive Dollars and Thirty-five Cents $ 5.35 $x.65_ =75 Per Cubic Yard 16. 1 Construct compacted fill (approx. Lump Sum 3,000 CY) for the lump sum price of Hundred Twenty -five Thousand Seven/ Dollars and No Cents Per Lump Sum Contract No. 2422 Proposal - Page 4 $ 25,700.00 W I i L.� 11 I I Item Estimated Item Description With Lump Sum Unit Total No. Qty. & Unit or Unit Price Written In Words Price Price 17. 1 Guard underground construction Lump Sum for the lump sum price of One Thousand. Dollars and No Cents $ 1,D00.00 Per Lump Sum 18. 170 Construct stone revetment section Tons for the unit price of Eighty -two Dollars and No Cents $ 82.00 $ 13.940.00 Per Ton 19. 1,409 Construct PCC curb, Type "B", Linear Feet for the unit price of Six Dollars and Fifty Cents $ 6.50 $ 9.158.50 Per Linear Foot 20. 543 Construct PCC curb and gutter, Linear Feet Type "A" (6" CF) for the unit price of Fight Dollars and Fifty Cents $ 8.5D $ t}, fil.ri_5D Per Linear Foot 21. 214 Construct PCC curb and gutter, Linear Feet Type "A" (variable CF) for the unit price of Eight Dollars and Fifty Cents $ 8.50 $ 1,819.00 Per Linear Foot 22. 777 Construct PCC gutter for the Square Feet unit price of Dollars and Cents $ 3.00 $ 2,331.00 Per Square Foot Contract No. 2422 Proposal - Page 5 Ona Dollars and Cents $ 1.60 $ R,O03.20 Per uare Foot ' Contract No. 2422 Proposal - Page 6 Item Estimated Item Description With Lump Sum Unit Total 1 No. Qty. & Unit or Unit Price Written In Words Price Price 23. 1,429 Construct crushed aggregate Tons base course, including prime coat, complete in place, for unit price of ' Fifteen Dollars and No Cents $ 15.00 $ 21.435.00 Per Ton 24. 659 Construct Type III -B2 -AR 4000 Tons asphalt concrete base course, complete in place, for the unit price of y Th -frnir Dollars and No Cents $ 34.00 $_22.06_0 Per Ton 25. 330 Construct Type III -C3 -AR 4000 1 Tons asphalt concrete surface course, complete in place, for the unit price of ' Thirty -eight Dollars and No Cents $ 38.00 $ 12,540.00 Per Ton 26. 592 Apply asphalt fog seal coat Gallons for the unit price of Five Dollars and No Cents $ 5.00 $ 2,960.00 Per Gallon 1 27. 5,002 Construct PCC walk for the Square Feet unit price of Ona Dollars and Cents $ 1.60 $ R,O03.20 Per uare Foot ' Contract No. 2422 Proposal - Page 6 } ,Y Item Estimated Item Description Wit:.a Lump Sum Unit Total No. Qty. & Unit or Unit Price Written In Words Price Price 28, 1 Furnish and apply pavement Lump sum striping for the lump sum price of Nine Hundred Thirty Dollars and No Cents $ 930.00 Per Lump Sum Contract No. 2422 Proposal - Page 7 $ 6,200.00 $ 31,000.00 * —_ 11_11 $ 46.00 $ 14,812.00 $ 2,500.00 Per Lump Sum 29• 5 Construct trash enclosures, Each complete, for the unit price of Six Thousand Two Hundred Dollars and No Cents Per Each 30. 1 Construct chain link swinging Lump Sum gate, complete, for the lump sum price of One Thousand Five Hundred Dollars and No Cents Per Lump Sum 31. 322 Construct slump block wall, Linear Feet complete, for the unit price of Forty -six Dollars and No Cents Per Linear Foot 32. 1 Construct chain link rolling Lump Sum gates with frames, complete, for the lump sum price of Two Thousand Five Hundred Dollars and No Cents . Per Lump Sum Contract No. 2422 Proposal - Page 7 $ 6,200.00 $ 31,000.00 * —_ 11_11 $ 46.00 $ 14,812.00 $ 2,500.00 i r S a], I] ;1 0 • Item Estimated Item Description With Lump Sum Unit Total No. Qty. & Unit or Unit Price Written In Words Price Price SEWERS AND DRAINS 33• 173 Construct 24 -inch ACP 2000D Linear Feet drain, complete in place, for the unit price of Forty -seven Dollars and Per Linear Foot 34. 115 Construct 18 -inch ACP 2000D Linear Feet drain, complete in place, for the unit price of Thirty-nine Dollars and No Cents Per Linear Foot 35. 419 Construct 12 -inch ACP 2000D Linear Feet drain, complete in place, for the unit price of Twenty -nine Dollars and No Cents Per Linear Foot 36. 13 Construct Each in place, One Thous No Per Each catch basin, complete for the unit price of and Fifty Dollars and Cents 37. 5 Construct modified JS No. 1, Each complete in place, for the unit price of One Thousand Four Hundred Dollars and No Cents Per Each ' Contract No, 2122 Proposal - Page 8 $ 47.00 $ 8,131.00 $ 39.00 $ 4,485.00 $ 29.00 $ 12,151.00 $ 1,050.00 $ 13,650.00 $ 1,400.00 $ 7,000.00 IItem No. Estimated QtY. & Unit Item Description With Lump Sum or Unit Price Written In Words Unit Price Total Price 38. 1 Construct sewer force main, Lump Sum including manhole, complete in place, for the lump sum price of Fifty Two Thousand Two Hundred/ Dollars and No Cents $ 2,250.00 Per Lump Sum SITE WATER SYSTEM 39. 1,399 Construct 6 -inch Class 150 Linear Feet ACP main, complete in place, for the unit price of Thirteen Dollars and 1 Seventy Cents $ 13.70 $-19.1166.30 Per Linear Foot 40. 1 Construct 2 -1/2 -inch copper Each water service, complete in • place, for the unit price of ' SiY Hundy d_Ton Dollars and Nn Cents $ 610.00 $___6L0'00 ' Per Each 41. 6 Construct 2 -inch copper water Each service, complete in place, for the unit price of Five Hundred Dollars and No Cents $ 500.00 $__3 O00.00 Per Each S42. 6 Construct 1 -inch copper water • Each service, complete in place, for the unit price of Fnur Hundred Dollars and No Cents $ 400.00 $ 2,400.00 Per Each I 1 Contract No. 2422 Proposal- Page 9 Item No. Estimated Qty. 8 Unit Item Description With Lump Sum or Unit Price Written In Words Unit Price Total Price 43. 7 Furnish and install meter box Each for 2 -inch water service for the unit price of Sixty One Thousand One Hundred/ Dollars and No Cents $ 1,160.00 $ 8.120.00 Per Each 44. 6 Furnish and install 6 -inch Each butterfly valve for the unit ' price of Eivp Hundred Twpnty Dollars and He Cents $ 590.00 $ 3,190_0 O Per Each 45. 5 Furnish and install pumper Each connection and 2 -inch back - flow preventer assembly for ' the unit price of Two Thousand Fifty Dollars ' and No Cents $ 2,050.00 $ 10,250.00 Per Each L 46. 5 Furnish and install fire Each hydrant and assembly per Std. Dwg. 500 -L, for the unit price of ' Sixty Two Thousand One Hundred/ Dollars and No Cents $ 2,160.00 $ 102800.00 Per Each HARBOR ISLAND DRIVE AND BEACON BAY WATER SYSTEM 47. 354 Construct 6 -inch Class 150 Linear Feet ACP main, complete in place, for the unit price of Thirteen Dollars and Seventy Cents $ 13.70 $ 4,849.80 Per Linear Foot f ' Contract No. 2422 Proposal - Page 10 Li r '-1 • Item Estimated Item Description With Lump Sum Unit Total No. Qty. & Unit or Unit Price Written In Words Price Price 48. 1 Construct 2 -inch copper water Each service, complete, for the unit price of Six Hundred Ten Dollars and No Cents $ 610.00 $ 610.00 Per Each 49. 1 Construct 1 -1/2 -inch copper Each water service, complete, for the unit price of Four hundred forty -five Dollars and No Cents Per Each 50. 1 51. 2 Each Construct 1 -inch copper water service, complete, for the unit price of Thrap HundrM Ninpty Dollars and No Cents Per Each Furnish and install 6 -inch butterfly valve for the unit price of Five Hundred Twenty Dollars and No Cents ' Per Each 52. 1 Furnish and install fire Each hydrant and assembly per Std. Dwg. 500 -L for the unit price of Sixty Two Thousand One Hundred/ Dollars ' and No Cents Per Each I Contract No, 2422 Proposal - Page 11 $ 445.00 $ 445.00 $ 390.00 $ 390.00 $ 520.00 $ 1,040.00 $_2,160-00 $__2_,160.00 Per Each 54. 1 Connect existing service to Each new 6 -inch water main for the unit price of One Thousand Thirty Dollars and No Cents Per Each SITE ELECTRICAL SYSTEM 55. 1 Construct Edison Substation Lump Sum pad, grounding, complete in place, for the lump sum price of 56. 1 Lump Sum Dollars and No Cents Per Lump Sum Furnish and install high voltage and 480 volt power service conduits, complete in place, for the lump sum price of Forty Two Thousand One Hundred/ Dollars and No Cents Per Lump Sum 57. 1 Furnish and install main Lump Sum switchboard, grounding, conduit stubs, pad, complete in place, for the lump sum ' price of Forty Nine Thousand Six Hundred/ Dollars and No Cents Per Lump Sum I ' ' Contract No. 2422 Proposal - Page 12 $ 1,030 $ 1,030.00 11 11 $ 2,140.00 $ 9,640.00 ' Item Estimated Item Description With No. Qty. & Unit or Unit Price Written Lump Sum Unit In Words Price Total Price 53. 3 Reconnect existing meter for ' Each the unit price of Four Hundred Dollars and ' No Cents $ 400.00 $ 1,200.00 Per Each 54. 1 Connect existing service to Each new 6 -inch water main for the unit price of One Thousand Thirty Dollars and No Cents Per Each SITE ELECTRICAL SYSTEM 55. 1 Construct Edison Substation Lump Sum pad, grounding, complete in place, for the lump sum price of 56. 1 Lump Sum Dollars and No Cents Per Lump Sum Furnish and install high voltage and 480 volt power service conduits, complete in place, for the lump sum price of Forty Two Thousand One Hundred/ Dollars and No Cents Per Lump Sum 57. 1 Furnish and install main Lump Sum switchboard, grounding, conduit stubs, pad, complete in place, for the lump sum ' price of Forty Nine Thousand Six Hundred/ Dollars and No Cents Per Lump Sum I ' ' Contract No. 2422 Proposal - Page 12 $ 1,030 $ 1,030.00 11 11 $ 2,140.00 $ 9,640.00 Item Estimated Item Description With Lump Sum Unit Total ' No. Qty. & Unit or Unit Price Written In Words Price Price 58. 8 Furnish and install pole lights Each and lamps, complete in place, for the unit price of One Thousand Six Hundred Ten Dollars ' and No Cents $1,610.00 $ 12,880.00 ' Per Each 59. 1 Furnish and install bollard Each light and lamp, complete in place, for the unit price of • Seven Hundred Fifty Dollars • and ' No Cents & 750.00 $ 750.00 Per Each ' 60. 4 Furnish and install 112.5 KVA Each transformer, including panels, breakers, grounding, pad, complete in place, for the unit price of Fifty Five Thousand Three Hundred/ Dollars ' and No Cents $ 5,350.00 $ 21,400.00 1 Per Each 61. 1 Furnish and install 75 KVA Each transformer, including panel, ' breakers, grounding, pad, complete in place, for the unit price of Seventy Two Thousand Five Hundred/ Dollars and No Cents $ 2,570.00 $ 2,570.00 Per Each • 62. 1 Trenching, backfill, and Lump Sum compaction for all under- ' ground conduits, for the lump sum price of Sixty Five Thousand Three Hundred/ Dollars and Nn Cents $ 5,360.00 Per Lump Sum Contract No. 2422 Proposal - Page 13 ' 1 ' Contract No. 2422 Proposal - Page 14 Item Estimated Item Description With Lump Sum Unit Total No. Qty. 6 Unit or Unit Price Written In Words Price Price 63. 1 Furnish and install under - ' Each ground 12 11W x 22 11L x 18 "D concrete pull box with cover, . for power distribution system, complete in place, for the ' unit price of One Hundred Sixty Dollars and No Cents $ 160.00 $ 160.00 Per Each 1 64. 4 Furnish and install under - Each ground 24 11W x 42 11L x 36 "D concrete pull boxes with ' covers, for power distri- bution system, complete in ' place, for the unit price of Nine Hundred Seventy Dollars and ' No Cents $ 970.00 $ 3,880.00 Per Each 65. 5 Furnish and install under - ' Each ground 24 "W x 36 "L x 36 "D concrete splice boxes near ' gangway gates, with covers, for power distribution system, complete in place, for the unit price of ' Nine Hundred Seventy Dollars and No Cents Per Each $ 970.00 $ 4,850.00 66. 5 Furnish and install under- ' Each ground concrete pull boxes for T.V., complete in place, for the unit price of One Hundred Sixty Dollars and No Cents $ 160.00 $ 800.00 ' Per Each 1 ' Contract No. 2422 Proposal - Page 14 ' Item Estimated Item Description With Lump Sum Unit Total No. Qty. & Unit or Unit Price Written In Words Price Price ' 67. 6 Furnish and install under - Each ground pull boxes for tele- phone, complete in place, for the unit price of Eight Hundred Sixty Dollars and ' No Cents $ 860.00 $ 5,160.00 Per Each 68. 1 Furnish and install all 120 Lump Sum and 208 volt branch circuits, junction boxes, terminations, conduits, and conductors, ' complete in place, for the lump sum price of ' Tan Thnusand Seventy Dollars and Nn Cents $ 10.070.00 Per Lump Sum 69• 1 Furnish and install all 120/208 Lump Sum volt feeder conduits and conduct- ors, complete in place, for the ' lump sum price of Thirty Six Thousand Four Hundred/ Dollars and No Cents $ 6,430.00 Per Lump Sum ' 70. 1 Furnish and install all 480 Lump Sum volt power distribution system, terminations, splices, conduits, and conductors, complete in place, for the lump sum price of ' Seventy Eight Thousand Five Hundred/ Dollars and No Cents $ 8,570.00 ' Per Lump Sum I 1 ' Contract No. 2422 Proposal - Page 15 ' 73. 1 Furnish and install 120/240 Lump Sum volt, 3 -Phase power service conduits to boatyard, complete in place, for the lump sum price of Twenty Three Thousand Two Hundred/ Dollars and No Cents $ :i,22n_nn Per Lump Sum 74. 1 Demolition, maintaining of Lump Sum existing utilities during construction, modification Item to all existing facilities ' as required to accommodate Estimated Item Description With Lump Sum Unit Total in place, for the lump sum price of No. Qty. & Unit or Unit Price Written In Words Price Price and No Cents $ 5,350.00 71. 1 Lump Sum Furnish and install all telephone conduit, complete in place, for the lump sum price of Seven Thousand Five Hundred Dollars and No Cents $ 7,5nn_On ' Per Lump Sum 72. 1 Furnish and install all TV ' Lump Sum and future metering conduit, complete in place, for the lump sum price of Fifty Nine Thousand Six Hundred/ Dollars and No Cents $ 9.650.00 ' Per Lump Sum ' 73. 1 Furnish and install 120/240 Lump Sum volt, 3 -Phase power service conduits to boatyard, complete in place, for the lump sum price of Twenty Three Thousand Two Hundred/ Dollars and No Cents $ :i,22n_nn Per Lump Sum 11 v I Contract No. 2422 Proposal - Page 16 74. 1 Demolition, maintaining of Lump Sum existing utilities during construction, modification to all existing facilities ' as required to accommodate new construction, complete ' in place, for the lump sum price of Fifty Five Thousand Three Hundred /Dollars and No Cents $ 5,350.00 Per Lump Sum 11 v I Contract No. 2422 Proposal - Page 16 0 0 ' Item Estimated Item Description With Lump Sum Unit Total No. Qty. & Unit or Unit Price Written In Words Price Price LANDSCAPING AND IRRIGATION SYSTEM 75. 1 Furnish and install landscaping Lump Sum and irrigation system, and the ' project entrance sign, complete in place, for the lump sum price of ' Contract No. 2422 Proposal - Page 17 Thirty -eight Thousand Dollars and No Cents $ 38,000.00 Per Lump Sum MISCELLANEOUS WORK 76. 1,243 Construct bulkhead handrail Linear Feet system, complete in place, for the unit price of Sixty Dollars and No Cents $ 60.00 $ 74,580.00 Per Linear Foot 77. 1 Lump Sum Construct restroom and office building, complete, for the lump sum price of One Hundred Sixty Thousand Dollars and No Cents $160,000.00 ' -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- Per Lump Sum ' TOTAL OF BID ITEMS 1 THROUGH 77, INCLUSIVE $ 1.845.863.55 -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- 78A 1 Construct concrete dock Lump Sum system in accordance with Drawing C8 and Section 02488 of the specifications, complete in place, for the lump sum price of Thousand Nine Hundred Fifty - eight) Dollars and No Cents $ gFR,000.00 Per Lump Sum ' Contract No. 2422 Proposal - Page 17 1` 1` II I1 1 1 I 1 i 1 i 1 1 1 1 1 0 0 Item Estimated No. Qty. 8 Unit Item Description With Lump Sum Unit or Unit Price Written In Words Price Total Price 78B 1 Construct wood deck and Lump Sum concrete pontoon dock system in accordance with Drawing C8 and Section 02488 of the speci- fications, complete in place, for the lump sum price of One Million One Hundred Four Thousand Five Hundred Dollars and No Cents $ 1,104,500.00 Per Lump Sum 79A 1 Construct Boatyard Facilities Lump Sum in accordance with Drawings B1 through B11, inclusive, with concrete dock system, complete in place, for the lump sum price of Thousand One Hundred Sixty -five/ Dollars and No Cents $ 165,000.00 Per Lump Sum 79B 1 Construct Boatyard Facilities Lump Sum in accordance with Drawings B1 through B11, inclusive, with wood deck and concrete pontoon dock system, complete in place, for the lump sum price of Thousand One HllndrPd Cixt�y- five/ Dollars and Ian Cents $ 165,000.00 Per Lump Sum 1 Contract No. 2422 Proposal - Page 18 1` 1�. 1 i 0 0 Item Estimated Item Description With Lump Sum Unit Total No. Qty. & Unit or Unit Price Written In Words Price Price ALTERNATE A: AWARDED Total - Items 1 through 77 Item 78A Item 79A $ 1,845,863.55 $ 958 000.00 $ 165,000.00 $____2,968,8655_____ TOTAL PRICE - ALTERNATE A: TWO Million Nine Hundred Sixty -eight Thousand Written In Words: Fight Hundred RjYtV_thrAP Dollars and Fifty -five Cents $ 2,968,863.55 ' ALTERNATE B: NOT AWARDED Total - Items 1 through 77 $ ' Item 78B $ Item 79B $ TOTAL PRICE - ALTERNATE B: ' Written in Words: Not applirahle- Dollars and Cents== $_________________=___ ' 136365 A R R MFRC.O CONSTRUCTION FNC,TNFFRS, TNC_ Contractor's License No. & Classification Bidder Spptpmher 11, 19R4 S /Arnnld Hpirchhpra�_ C.nrnoratp Spr_ Date Authorized Signature and Title ' �F�987_RF15 1175 C.allp SnprtpYC.amarilln, CA 93QlO Bidder's Telephone Number Bidder's Address END OF PROPOSAL Contract No. 2422 Proposal - Page 19 • 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: 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 no less than 10% of 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 discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors or omissions in the PROPOSAL. Award of Contract. The proposal provides for two alternate floating dock. systems. Each bidder is encouraged to bid both of the floating dock system alternate bid items. These will be bid as alternates and the City reserves the right to award the Contract based on either of the two alternates regardless of price. 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 contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). The Contractor shall be respon- sible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. 136365 A & B Contractors Lic. No. & Classification September 13, 1984 Date MERCO CONSTRUCTION ENGINEERS, INC. Bi UFe r S /Arnold Heirshberg, Corp. Secretary Authorized Signature/Title 9. Hand Rails Craneveyor E1 Monte, California 10. 12. MERCO CONSTRUCTION ENGINEERS, INC. Bidder S /Arnold Heirshberg, Corp. Secretary Authorized Signature Title I u • • 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 i1. Demolition Merco Camarillo, California 2. Earthwork Merco Camarillo, California 3. Bulkhead Wall Submarine Eng. Orange County, California 4. Piling and Dredging Submarine Eng. Orange County, California 5. Docks Bellingham- Marine State of Washington 6. Paving Merco Camarillo, California 7. Electrical Dupont Eng. Alameda, California 8. Water Line Dupont Eng. Alameda, California 9. Hand Rails Craneveyor E1 Monte, California 10. 12. MERCO CONSTRUCTION ENGINEERS, INC. Bidder S /Arnold Heirshberg, Corp. Secretary Authorized Signature Title I u L` Page 4 FOR ORIGINAL SEE CITY CLERK'S FILE COPY BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, MERCO CONSTRUCTION ENGINEERS, INC. That we, P.O. Box 686, Camarillo, California 93011 as bidder, and INDUSTRIAL INDEMNITY COMPANY , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of TEN PERCENT OF THE TOTAL AMOUNT OF BID * * * * * * * * * * * * * * * ** Dollars ($ 10% lawful money of the United States for the payment of which sum well and truly 1 to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, 1 That if the proposal of the above bounden bidder for the construction of BALBOA YACHT BASIN MARINA C -2422 I I I I I I I I I e 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 13th day of September , 1984. (Attach acknowledgement of Attorney -in -Fact) S /Martha J. Chase Notary Public Commission expires April 9, 1985 MERCO CONSTRUCTION ENGINEERS, INC. Bidder S /Arnold Heirshberg, Corp. Secretary Authorized Signature /Title INDUSTRIAL INDEMNITY COMPANY Surety By S /Robert M. Minot Title Attorney -in -Fact 1 s • Page 5 I I 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. IMERCO CONSTRUCTION ENGINEERS, INC. Bidder S /Arnold Heirshberg, Corp. Secretary 1 Subscribed and sworn to before me Authorized Signature /Title this 13th day of September 19 U- My commission expires: L December 7, 1984 S /Rita Carol Hix Notary Public I I I Page 6 FOR ORIGINAL SEE CITY CLERK'S FILE COPY 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 MERCO CONSTRUCTION ENGINEERS, INC. Bidder S /Arnold Heirshberg, Corp. Secretary Authorized Signature /Title l 1 f • • 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. Note: Please see five (5) pages attached (on file with City Clerk) MERCO CONSTRUCTION ENGINEERS, INC. S /Arnold Heirshberg, Corp. Secretary Authorized Signature /Title rJ • Page 8 N 0 T I C E 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 - 1 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 al 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. I I I I I • Page 9 PAYMENT BOND Executed in Triplicate Bond No. YS855 -4395 Me Premium charged for this I on KNOW ALL MEN BY THESE PRESENTS, That Bond is included in that shown the Performance Bow, WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted September 24, 1984 has awarded to MERCO CONSTRUCTION ENGINEERS, INC. hereinafter designated as the "Principal ", a contract for BALBOA YACHT BASIN MARINA (C -2422) 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 Nerco Construction Engineers, Inc. as Principal, and Industrial Indemnity Company as Surety,. are held firmly bound unto the City of Newport Beach, in the sum of two million nine hundred sixty -eight thousand eight hundred sixty -three and 55 /100 ------------------- - - - - -- -Dollars ($2,968,863.55 ), said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these 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 • 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 5th day of October , 19--u_. Merco Construction En ineers, Inc. (Seal) Name of Contractor Principal uthori zo Yi gnature and le HARR VHEIRSHBERG, CHAIRMAN OF TH&BlTARD Authorized Signature and Title I 1 Industrial Indemnity Company (Seal) Name of Surety S. Virgil Avenue, Los Angeles, Ca. 90051 '505 ., Address of rety aAppro ed as to form: signature and Title ut orized Agent E. S. Albrecht, Jam. Attorney -in -Fact / ] I su ance Services dre� gen P.O. Box90190 Cit ttorney Pasadena, Ca. 91109 -0190 C$7 R17�1F, -3 Telephone NoRRR . of Agent 1 0 f....... 0 1] N v ro � c rn H O w �'1 N . (d 1 O �7 U w O O >r a) 11 a) C N 0 rA o vl U �) �>1 x 1° o +n 0 4 � a) CO 4j b .C)i .wC N >+ w m 4+. a N 9 a \ 7 A 41 O O UP" S b� m 5 N\ > O E O N N 4 a) aJ x x N a) 4J ro v u"u e 1� W O N U,W ,4 (a A O.-1 N E .-. 4J U r-j 'd ro A '00 A O 0 > N H N O N p N W -H ,-) U ro .G N U v r N F� W w .-1 41 a N ro N E O m 0 0 H E%? ro N H >1 k O C H H s4 O N p O N 2 X W N � N u1 rt CL 3 p m � w r O C 1 .0 H al U a ) C U 4 Sa O a) N IU r 41 O N A W w l4 1 ro O G a) a) O q F 3 • Page 11 FAITHFUL PERFORMANCE BOND Executed in Triplicate Bond No. YS855 -4395 Premium: $19,344.00 KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted September 24, 1984 has awarded to MERCO CONSTRUCTION ENGINEERS, INC. hereinafter designated as the "Principal ", a contract for BALBOA YACHT BASIN MARINA (C -2422) 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, Merco Construction Engineers, Inc. as Principal, and Industrial Indemnity Company as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of two million nine hundred sixty -eight thousand eight hundred sixty -three and 55 /100 ------------------- --- -- - --- Dollars ($2,968,863.55 ), 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 0 0 a 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. I I 1 I I 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 5th day of october , 1984 Appro ed as to form: [ City Attorney w Merco Construction Engineers, Inc. (-Seal) Name of Contractor Principal) uthoriz Signature and Tit HAP&f HEIRSHBERG, CHA AN OF THE BOARD Authorized Signature and Title Industrial Indemnity Company (Seal) Name of Surety &venue. Los Angeles, Ca. 90051 ddA-S o Surety o gnature and Title oT Authorized Agent E. S. Albrecht, Jr/ j Attorney-in-Fact Corroon & Black s ance Services (818)796 -3888 Telephone No. of Agent v ' ";: 1 {� . i • , - � - - :_ t ' - :. _ t '' i � �r. ._ ., i z O w n K 5 a o N r - rt to o' o E z 0 o@@ o r 0 G N o rt K @ O M M r w N N 1'- M � H CD H @ r- � w N d o N W@ O t 7 R O O @ H @ a n £ M K N 77 a cn ft 4 NO07 @ 0 0 y w rt K @ O 11 N 1 N G K P. rt @ @ tY M G M (] N O f1' it 7'rt @h7 @ fl a @ K h i N 0 K a C 0 I N N ID @ H U, N K F M O K N + 0, o N r- rt n v n o rt @ @ O o' ¢, - $1 rt @ F', rt rt w ta rt x @ 0 8 I M O K N N tir i N �l rt ft N' O O M R \ rt N a \K ? rt 4 O P) @ n p K d rt C 5 C O 35 r 0 G N o rt K @ O M M r w N N 1'- M � H CD H @ r- � w N F Ak CERTIFICATE OF INSURANCE ` Page 13 City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 NAME AND ADDRESS OF INSURED s. Inc. fice Box 686 Company Letter A Royal Insurance Lettery B Integrity Insurance ny C C COVERAGES 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). COMPANY TYPES OF INSURANCE Policy Policy Exp. LIMITS OF LIABILITY IN THOUSANDS 000 A9_-7r_0UU_C_Ts_/ LETTER COVERAGE REQUIRED No. Date Each I Completed" Occurrence Operations A GENERAL LIABILITY x Comprehensive Form PYA Bodily Injury y $ $ x Premises - Operations 249662 12 -3 -84 Property Damage $ $ X Explosion & Collapse Hazard x Underground Hazard x Products /Completed Operations Bodily Injury Hazard and Property x Contractual Insurance x Broad Form Property Damage Damage Combined $ 500, $ 500, x Independent Contractors x Personal Injury x Marine Aviation Personal Injury $ 500, A AUTOMOTIVE LIABILITY ❑x Comprehensive Form Owned PYA 249662 12 -3 -84 Bodily Injury (Each Person $ $ o i y nJury Each Occurrence ❑x Hired Pro ert Damage ❑x Non -owned Bodily njury and Property Damage Combined $ 500, EXCESS LIABILITY B X❑ Umbrella Form ISX 700 Bodily Injury ❑ Other than Umbrella Form 1701 12 -3 -84 and Property Damage Combined 5,000, $ 5,000, $ A WORKERS' COMPENSATION and EMPLOYER'S LIABILITY RCS 139 713 12 -1 -84 Statutory 100, ac 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: �_jLjZ � Z& : _ Agency. Golden Pacific Insurance ve Date Issue 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: Balboa Yacht Basin Marine #2422 Project Title and Contract Number 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 affordedby.,the` policies- described herein is subject to all the terms, exclusions and conditji.pn� of°'§uch`pol.il;ies, including attached endorsements. O,'l� i 0 8 i' ✓�4 Bl • Page 14 CITY Of NEWPORT BEACH AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for Bodily Injury and Property Damage Liability, the City of Newport Beach, the State of California, the State of California Department of Boating and Waterways and Rod Lundin and Associates, their 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, the State of California, the State of California Department of Boating and Waterways and Rod Lundin and Associates will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provisions: "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 Property Damage Liability ( X) Single Limit Bodily Injury Liability and Property Damage Liability Combined $ each occurrence $ each occurrence 500,000. each occurrence The limits of liability as stated in paragraph 3 of this endorsement shall not i increase 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: Balboa Yacht Basin Marine #2422 Project Title and Contract No. This endorsement is effective 10 -5 -84 at 12:01 a.m. and forms a part of Policy No. PYA249662 Named Ins Name of Insurance Company Royal Insurance Endorsement No. • • Page 15 CITY OF NEWPORT BEACH COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT 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, the State of California, the State of California Department of Boating and Waterways, and Rod Lundin and Associates, their officers and employees are additional insureds, but only with respect to liability arising out of operations performed by or on behalf of the named insured in connection with the contract designated below or acts and omissions of the City of Newport Beach in connec- tion with its general supervision of such operations. The insurance afforded said additional insureds shall apply as primary insurance and no other insurance maintained by the City of Newport Beach, the State of California, the State of California De- partment of Boating and Waterways, and Rod Lundin and Associates will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provisions: "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, the State of California, the State of California Department of Boating and Waterways, and Rod Lundin and Associates. 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 insureds named in paragraph 1 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 and Property Damage Liability Combined $ 500 ono_ each occurrence 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 concelled 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: Balboa Yacht Basin Marine #2422 (Project Title and Contract No.) This endorsement is effective 10 -5 -84 at 12:01 a.m. and forms a part of Policy No. PYA 249662 Named Insured Merco Construction Engineers, Inc. Endorsement No. 2 Name of Insurance Company Bye s uthori Representative i' 5� I i{ • CITY OF NEWPORT BEACH • AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1.• With respect to such insurance as is afforded by the policy for Bodily Injury and Property Damage Liability, the City of Newport Beach, the State of California, the State of California Department of Boating and Waterways and Rod Lundin and Associates, their 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, the State of California, the State of California Department of Boating and Waterways and Rod Lundin and Associates will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provisions: "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 I 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 Property Damage Liability ( X) Single Limit (EXCESS LIABILITY) S each occurrence S each occurrence Bodily Injury Liability $ 5,000,000 each occurrence and Property Damage Liability Combined The limits of liability as stated in paragraph 3 of this endorsement shall not # increase 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: Balboa Yach e This endorsement is effective 10 -5 -84 at 12:01 a.m. and forms a part of Policy No. ISX 7001701 Named Insured Merco Construction Engineers, Inc. Endorsement Ho. 1 _ Name of Insurance Company Integrity Insurance By �C ^tnorizaa Representative CITY OF NEWPORT BEACH COMPREHENSIVE GENERAL LIABILITY INSURANt ENDORSEMENT 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, the State of California, the State of California Department of Boating and Waterways, and Rod Lundin and Associates, their officers and employees are additional insureds, but only with respect to liability arising out of operations performed by or on behalf of the named insured in connection with the contract designated below or acts and omissions of the City of Newport Beach in connec- tion with its general supervision of such operations. The insurance afforded said additional insureds shall apply as primary insurance and no other insurance maintained by the City of Newport Beach, the State of California, the State of California De- partment of Boating and Waterways, and Rod Lundin and Associates will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provisions: "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 .. Tnsurance 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, the State of California, the State of California Department of Boating and Waterways, and Rod Lundin and Associates. 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. j 5. 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 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 (X) Single Limit (EXCESS LIABILITY) Bodily Injury Liability and Property Damage Liability Combined $ 5,000,000 each occurrence 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 concelled 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: _Balboa Yacht Basin Marine @2422 Project Title and Contract No. This endorsement is effective 10 -5 -84 Policy No. ISX 7001701 at 12:01 a.m. and forms a part of Named Insured Merco Construction Engineers, Inc. Endorsement No. 2 Name of Insurance Company Integrity Insurance By �Aut o" F� r epresentative Poiner of �kttornq 111569 0 Industrial Indemnity W E OFFICE. SAM MANUS= Anafu all men bq f4ese presents: That INDUSTRIAL INDEMNITY COMPANY, a corporation organized and existing under the laws of the State of California, and having its principal office in the City of San Francisco, State of California, does hereby make, constitute and appoint ----------- --- ----- ------ ----- -- -- - -- -E: S. ALBRECHT, JR --------------------------------- its true and lawful attorney -in -fact for it and in its name, place and stead to execute on its behalf as surety, bonds, undertakings, stipu- lations, consents and all contracts of suretyship and to attach its corporate seal to such obligations in favor of all obligees, provided that the liability of the Company as surety under his authority in no one instance shall exceed the sum of ------------------------------------------- UNLIMITED------ --- ----- ---- --- --- ----- -- -- - - -- and reserving to itself full power of substitution and revocation. This Power of Attorney is made and executed in accordance with the resolution adopted by unanimous consent of the Executive Committee of the Board of Directors of INDUSTRIAL INDEMNITY COMPANY on January S, 1988, reading as follows: "RESOLVED, that the Chairman of the Board or President or Executive Vice President or Senior Vice President or Vice President of the Company, in conjunction with the Secretary or an Assistant Secretary of this Company, or the Secretary's designee, be, and he hereby Is, authorized to execute, acknowledge or verify Powers of Attorney qualifying selected attomeys -in -fact to act under such Powers of Attorney to execute on behalf of Industrial Indemnity Company bonds, undertaking, stipulations, consents and all contracts of suretyship, and to attach the corporate seal thereto; "RESOLVED, FURTHER, that the signatures of said officers so authorized by this Company may be printed facsimile, litho- graphed or otherwise reproduced, and that the facsimile signature of any person who shall have been such officer of this Company at the time of such execution, acknowledgment or verification may continue to be used for the purpose hercinabove stated and will be binding on this Company, notwithstanding the fact that he may have ceased to be such officer at the time when such instruments shall be issued." In witness whereof, INDUSTRIAL INDEMNITY COMPANY has caused these presents to be signed and its corporate seal to be affixed by its proper officers, at the City of San Francisco, California, this 11th day of July , 19 83 Attest: INDUSTRIAL INDE NITY COMPANY ssa tt: tsm B �eA+ o, ry tie r es gnate Secretary y Unr*th N. Ryan, Vie resident State of California On July 11, 1983 before me, County of San Francisco SS. Dolores Rodriguez the undersigned Notary Public, personally appeared Kenneth N. Ryan and Mary Mueller DOLORES RODRIGUEZ lk NOTARY PUBLIC - CALIFORNIA personalty known to me ,CITY AND COUNTY OF. ❑ proved to me on the basis of satisfactory evidence SAN FRANCISCO to be the person(s) who executed the within instrument as My Commission Expires Nov. 23, 1984 Vice President and Designated Secretary or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it, and that the resolution referred to in the preceding instrument is a true and correct copy of the resolution adopted by unanimous consent of the Executive Committee of the Board of Directors of INDUSTRIAL INDEMNITY COMPANY on January 9, 1985 and that the same is in full force and effect. - Witness my hand and official seal. Notary's Signature s O v I, Mary Mueller, Designated Secretary of INDUSTRIAL INDEMNITY COMPANY, do hereby certify that I have compared the Power of Attorney granted herein and the resolution recited herein with the originals now on file in the principal office of said Company, and that the same are correct transcripts therefrom and of the whole of the said originals, and that said Power of Attorney has not been revoked but is still in full force and effect. In witness whereof, I have hereunto subscribed my name as such officer -and- affixed -the seal of- INDUSTRIAL— INDEMNITY- COMPANY at the City of San Francisco, California, this 5th day of October 1984 SEAL ,vo.s w.t.tsat Maly nuel7Ep, ueslgnatea tsecrecary S w Page 17 (f) Plans and Special Provisions for B�EBDA YACHT BASIN MARINA T8t]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 By ayor ATTEST: Cit ie rk y C CITY APPROVED AS TO FORM: MERCO CONSTRUCTION ENGINEERS, INC: C ty Attorney Contractor By�L� Its �' � .`. E BOARD By Its CONTRACTOR :1 I F ' Page 16 CONTRACT THIS AGREEMENT, enter ed `< o this /� day 'C _ 19 �, by and between the CITY OF NEWPORT''H, hereinafter "City,' and MERCO CONSTRUCTION ENGINEERS INC. 'hereinafter "Contractor, "is made with reference to the ?OJT owing facts: (a) City has heretofore advertised for bids for the following described public work: BALBOA YACHT BASIN MARINA C -2422 t 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: BALBOA YACHT BASIN MARINA C -2422 Title of 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 MILLION N SIXTY-E GHT THOUSAND EIGHT HUNDRED SIXTY -THREE &55/10 Q$2_grg9A63.55 )- 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) . � ._�..._.. --F`'� _ �- '�..�_ffie�us... �«.�.is:��..•:�siFa � = 'his.. "- ,- �....-� ..sue �,- ..._.,.a.........,.., _�.. .. ,. TO: CITY COUNCIL BY THE CITY COUNCIL CITY OF NEWPORT BEACH SEP 24 .., 4- i & FROM: Public Works Department SUBJECT: W" 50 " 2422) RECOMMENDATION: September 24, 1984 CITY COUNCIL AGENDA ITEM N0. F-3(d) Award Contract No. 2422, Alternate A, to Merco Construction Engineering, Inc. of Camarillo for $2,968,863.55 and authorize the Mayor and the City Clerk to execute the contract. DISCUSSION: 1984: Five bids for this contract were opened at 10:00 A.M. on September 13, The low bid was 8.5% less than the Engineer's estimate of $3,245,500. The difference between the estimate and the bid is due to competitive bidding and to lower prices than anticipated for the floating dock system and the sheet pile bulkhead wall. Merco Construction Engineering has satisfactorily completed the construction of many buildings, storm drains, sewer pump stations and waste water treatment plants in Southern California. Submarine Engineering Associates of Newport Beach is the subcontractor for the sheet pile bulkhead and Bellingham Marine of Bellingham, Washington, is the subcontractor for the floating dock system. Both subcontractors have satisfactorily performed simi- lar work in the past. The proposed project will provide for demolition of the existing slips, bulkheads, apartment building, yacht broker office and restroom facili- ties and construction of the new marina facilities including 165 slips, 1,350 feet of bulkhead, storm drains, sewer pumpout station, restroom building with Bidder Alt. Amount 1. Merco Construction Engineering Inc.; A $2,968,863.55* Camarillo B $3,115,363.55* 2. Trautwein Brothers Waterfront Con- A $3,529,785.20 ** struction; Newport Beach B $3,431,350.20 ** 3. Healy Tibbitts Construction Co.; A $3,491,746.60 ** Long Beach B $3,609,846.60 ** 4. Moulder Bros. & John H. Moulder, A $3,537,029.55 ** a Joint Venture; Glendale B $3,744,029.55 ** 5. Connolly Pacific Co.; Long Beach A $3,889,069.50 ** B $4,196,569.50 ** Note: * -- Corrected amount, error in addition. * * -- Corrected amount, error in extension of items and addition. The low bid was 8.5% less than the Engineer's estimate of $3,245,500. The difference between the estimate and the bid is due to competitive bidding and to lower prices than anticipated for the floating dock system and the sheet pile bulkhead wall. Merco Construction Engineering has satisfactorily completed the construction of many buildings, storm drains, sewer pump stations and waste water treatment plants in Southern California. Submarine Engineering Associates of Newport Beach is the subcontractor for the sheet pile bulkhead and Bellingham Marine of Bellingham, Washington, is the subcontractor for the floating dock system. Both subcontractors have satisfactorily performed simi- lar work in the past. The proposed project will provide for demolition of the existing slips, bulkheads, apartment building, yacht broker office and restroom facili- ties and construction of the new marina facilities including 165 slips, 1,350 feet of bulkhead, storm drains, sewer pumpout station, restroom building with September 24, 1984 Subject: Balboa Yacht Basin Marina (C -2422) Page 2 second floor office for yacht broker, a parking lot pavement, landscaping, irrigation, and all new utilities including metered electrical service to each slip. In addition, planned water main construction to improve water flow to the adjoining Beacon Bay property has been included in the project along with site improvements, slip and hydrolift pier construction at the boat yard adjoining the Yacht Basin. Two alternate floating dock systems were bid in the project. Al- ternate A was for the concrete, through -bolt system and Alternate B was for the standard concrete float system with wood deck. The low bid submitted is for the concrete, through -bolt system and is $146,500 less than the stan- dard concrete float, wood deck system. City staff recommends award of the Alternate A low bid. The boat yard improvements mentioned above are the responsibility of Mr. David New who currently operates the boat yard under a sublease from The Irvine Company. A new lease between the City and Mr. New, which will provide for payment of the boat yard improvements, is being processed. All permits for the work have been obtained, and the Grant contract with the State Department of Boating and Waterways has been approved. A budget amendment to provide funds for the boat yard portion of the project has been prepared for Council approval. In the event that the boat yard lease cannot be completed, the boat yard improvements can be deleted from the contract by a project change order. Funding for the construction contract is as follows: A. City of Newport Beach funds 1. Boating and Waterways Loan Proceeds $2,741,504.05 2. Water Fund 11,724.80 3. General Fund 21,445.00 B. Boat Yard Funds 194,189.70 Total $2,968,863.55 In order to complete the work it was necessary to vacate the Marina. The Marine Department has given notice to the tenants and the Marina is vacant. The plans and specifications were prepared by the civil engineering firm of Rod Lundin and Associates of Northridge, California. The estimated date of completion is May 15, 1985. �O�- �/ Q 44 Benjamin B. Nolan Public Works Director September 4, 1984 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 BALBOA YACHT BASIN MARINA CONTRACT NO. BIDDERS shall propose to complete Contract No. 2242 in accordance with the contract documents, the Proposal, the Plans, the Specifications, and as modi- fied by Addendum No. I I. Sheets Nos. 34 and 35 of the Drawings (labeled E -2 and E -3) are re- vised as follows: a. On Dwg. E -2, reference note #9 shall be replaced with the follow- ing note: "Telephone pull box, concrete type, 2' W x 3' L, equal to Quickset #TC 1000 with HT 1000 lid." b. On Dwg. E -2, delete the telephone pull box at the far west end of the project feeding Slip Tier A and replace with a large radius sweep in the 2" conduit stubbed out to the face of the bulkhead. c. On Dwg. E -2, from "MTTB" to the pull box in the driveway, increase the number of conduits to two 3" C.O. in lieu of one 3" C.O. d. On Dwg. E -2 and E -3, telephone conduit size for the main telephone run in the driveway running east and west shall be increased from 2" to 3" between pull boxes feeding Slip Tiers B, C. and D. These revisions will be added to the drawings when the "As Built" Drawings are completed. II. Section 02482, part 3.01, DREDGING EQUIPMENT, on page SP -58 of the Special Provisions shall be a ete an rep aced with the following: Remove material to be dredged with hydraulic suction dredge or mechanical equipment. Use equipment that is in good repair and correctly operating. Remove from the site any equipment not operating satisfactorily in Engineer's opinion or not conforming to requirements of public agencies having jurisdiction and furnish ap- proved equipment at no extra cost to City. Take pre- cautions to prevent discharge of fuel or oil into the water. ' 1 .r s s 1 ADDENDUM N0. 1 (cont'd) The Army Corps of Engineers Permit and the Regional Water Quality Control Board Permit for the project, included in the Appendix to the Special Provisions, are being revised to include hydraulic suction dredge or mechanical equipment. All other conditions of the permits are to remain unchanged. III. In addition to the insurance requirements shown on the City's Standard Certificates of Insurance and in the Special Provisions, the following insurance is also required: Longshoremen's and Harbor Workers' Compensation Insurance shall be provided as required by applicable Federal and /or State law. Please sign and date this addendum and attach a copy to your bid proposal. I MERCO CONSTRUCTION ENGINEERS. INC. Bidder's Name Benjamin B. Nolan Public Works Director SECRETAF l CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ' BALBOA YACHT BASIN MARINA CONTRACT NO. 2422 PROPOSAL The Honorable City Council City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92663 -3884 1 Gentlemen: Undersigned declares and certifies that he has carefully examined the location of the work, including an inspection of the water area during tide levels of +0.5 (MLLW) or lower, has read the Notice Inviting Bids, has examined the Plans and these Special Provisions, and hereby agrees to furnish all labor, materials, equipment, transportation, and services to do all the work required to complete Contract No. 2422 in accordance with the Plans (Drawing No. H- 5098 -S consisting of 65 sheets), the City's Standard Specifications, Standard Special Provisions and Drawings, and these Special Provisions; and that the undersigned will take in full payment therefor the following unit prices for each bid item, complete in place, to wit: ' Item Estimated Item Description With Lump Sum Unit Total No. Qty. & Unit or Unit Price Written In Words Price Price I 1. 1 Mobilization and demobilization, Lump Sum for the lump sum price of Dollars and �. Cents $ V .cD Per Lump Sum ' REMOVALS 2. 1 Removal and disposal of buildings ' Lump Sum (approx. 6900 SF) for the lump sum price of .. .Sollars and .v..c Cents $� p p Per Lump Sum 1 Contract No. 2422 Proposal - Page 1 i j- 7. 1 Clearing and grubbing including • • removal and disposal of paving, ` Item fencing, and items shown on Total Estimated Item Description With Lump Sum Unit ' No. Qty. & Unit or Unit Price Written In Words Price Price r..__ _a/wDollars 3. 1 Removal and disposal of bulkhead Lump Sum walls for the lump sum price of i o -�J av� Dollars and �.e Cents Per Lump Sum 4. 1 Removal and disposal of floating Lump Sum docks, gangways, and landings ( approx. 38,500 SF) for the lump sum price of - ears . and Cents $ Per Lump Sum 5. 1 Removal and disposal of 42 steel Lump Sum or wood dock anchor piles for the lump sum price of and Cents at Per Lump Sum ' 6. 1 Removal, salvage, cleaning, and Lump Sum delivery of 17 concrete dock anchor piles for the lump sum price of Dollars and Cents $ ��•� Per Lump Sum 7. 1 Clearing and grubbing including Lump Sum removal and disposal of paving, fencing, and items shown on Drawings C1 and C2, including the items to be salvaged and reinstalled, for the lump sum price of r..__ _a/wDollars and / .. Cents 'Per Lump Sum Contract No. 2422 Proposal - Page 2 i c 1-1 1 11 h 1 F11 I I I 0 Item Estimated Item Description With Lump Sum Unit Total No. Qty. & Unit or Unit Price Written In Words Price Price STRUCTURAL 8. 1,246 Construct precast concrete sheet Linear Feet pile bulkhead with 10" thick reinforced or prestressed sheet piles, complete with tie back system, cap beam, and concrete block closure wall, for the unit price of Dollars //// and n� D Cents $ 3CrO $ r7 790 pD Per Linear Foot 9. 110 Construct precast concrete sheet Linear Feet pile bulkhead with 12" thick reinforced or prestressed sheet piles, complete with tie back system, cap beam, and closure to existing wall, for the unit price of Dollars rr— and Cents $ 411O S0 $ .� /} /Sp, 0'0 Per Linear Foot 10. 53 Construct precast concrete sheet Linear Feet pile groin with reinforced or prestressed concrete sheet piles, complete with cap beam, for the unit price of �%�.•l�.�f Dollars and e Cents $ 41-j a, o o $ 7 3a (TD Per Linear Foot 11. 4 Furnish and install 18 -inch square Each precast concrete dock anchor piles for the ppit price of Dollars and Cents $ /O / 60, oa Per Each Contract No. 2422 Proposal - Page 3 � s r 0 0 Item Estimated Item Description With Lump Sum Unit Total No. Qty. do Unit or Unit Price Written In Words Price Price 12. 9 Furnish and install 16 -inch square Each precast concrete dock anchor piles / for the unit price of Dollars and Cents $ l %�00 -V -/. E I Lid Per Each 13. 84 Furnish and install 14 -inch square Each precast concrete dock anchor piles for the unit price of AjZa ✓ � y iLr s Dollars and Cents Per Each EARTHWORK AND SITE IMPROVEMENTS 14. 18,050 Dredging and disposal for Cubic Yards the yunit price of Dollars and Cents Per ONbie Ya 15. 2,365 Unclassified excavation for the Cubic Yards unit price of Dollars .� and -�� Cents Per Cubic Yard 16. 1 Lump Sum Contract No. 2422 Construct compacted fill (approx. 3,000 CY) for the lump sum price of ��bllars and Cents Per Lump Sum Proposal - Page 4 1. $C7 ES1. $y 79" -so $ Item Estimated Item Description With Lump Sum Unit Total No. Qty. 8 Unit or Unit Price Written In Words Price Price 17. 1 Guard underground construction. ' Lump Sum for the lump sum price of Dollars and ' .y..,., Cents $� '�'O• �b Per Lump Sum ' 18. 170 Construct stone revetment section 1 Tons for the unit price of 'Dollars and Cents $ $;L-" $ t3- Per Ton ' 19. 1,409 Construct PCC curb, Type "B ", Linear Feet for the unit price of tDollars and Cents �-d� $ ,�1 %lN $l Per 21negr F of —T— 20. 543 Construct PCC curb and gutter, Linear Feet Type "A" (6" CF) for the unit price of Dollars ' and Cents $ Pe L-VneaiY Foot 21. 214 Construct PCC curb and gutter, Linear Feet Type "A" (variable CF) for the unit price of Dollars and _Cents $ OV $� Per/tindar E4ot ' 22. 777 Construct PCC gutter for the Square Feet unit price of Dollars and �r `p Cents $ L $ ol- 331 iab ' Per Square Foot Contract No. 2422 Proposal - Page 5 ' Item Estimated Item Description With Lump Sum Unit Total No. Qty. & Unit or Unit Price Written In Words Price Price 11 1 11 I 23. 1,429 Construct crushed aggregate Tons base course, including prime coat, complete in place, for unit price of �,.�1f C2Fn Dollars and ^vl� Cents Per Ton 24. 659 Construct Type III -B2 -AR 4000 Tons asphalt concrete base course, complete in place, for the unit price of / Dollars and mss. tJ Cents Per Ton 25. 330 Construct Type III -C3 -AR 4000 Tons asphalt concrete surface course, complete in place, for the unit price of Dollars and Cents Per Ton 26. 592 Apply asphalt fog seal coat Gallons for the unit price of $lSW $ / 43.S;&0 L",. $ 3j�zo $ Ofo 0-0 V $ $ lT 4•rl° —7—_�rC Dollars and �O Cents $ .S, 0­0 Per Gallon 27. 5,002 Construct PCC walk for the Square Feet unit price of Dollars and .,2�riG7 Cents $ 144" Per Squa0b Foot Contract No. 2422 Proposal - Page 6 V, $T u Contract No. 2422 Proposal - Page 7 1 Item Estimated Item Description With Lump Sum Unit Total No. Qty. & Unit or Unit Price Written In Words Price Price 28. 1 Furnish and apply pavement Lump sum striping for the lump sum 1 price of Dollars and Cents $ •/�� Per Lump Sum 29. 5 Construct trash enclosures, Each complete, for the unit price of -e�., . _ .v r_ ✓ Dollars -- and / j ' z....a Cents $ (0� �$ Per Each 30. 1 Construct chain link swinging Lump Sum gate, complete, for the lump sum price of Dollars and Cents $ Per Lump Sum 31. 322 Construct slump block wall, Linear Feet complete, for the unit price of''y Dollars and v Cents $ $T Per Linear Foot 32. 1 Construct chain link rolling Lump Sum gates with frames, complete, for the lump sum price of Dollars and Cents $ S-O-D. o-a Per Lump Sum u Contract No. 2422 Proposal - Page 7 1 Contract No. 2422 Proposal - Page 8 1 Item Estimated Item Description With Lump Sum Unit Total No. Qty. & Unit or Unit Price Written In Words Price Price SEWERS AND DRAINS i33. 173 Construct 24 -inch ACP 2000D Linear Feet drain, complete in place, for ' the unit price of Dollars and Cents $ �4 7 0-6 $ O'V Per Linear Foot 34. 115 Construct 18 -inch ACP 2000D Linear Feet drain, complete in place, for the unit price of � �%+-" Dollars and a Cents $ 39d-O $� Per Linear Foot 35. 419 Construct 12 -inch ACP 2000D Linear Feet drain, complete in place, for the unit price of Dollars ✓ and Cents $ pT� $ l� �.ri, O'O Per Linear Foot 1 36. 13 Construct catch basin, complete Each in place, for the unit price of Dollars and ti o Cents $ ooq 13 6•cm Per Each 37. 5 Construct modified JS No. 1, Each complete in place, for the unit price of , __,t, ollars and ✓ Cents $ / 6 p.rlo $ 7 mro, vp Per Each Contract No. 2422 Proposal - Page 8 1 11 Contract No. 2422 Proposal - Page 9 Item Estimated Item Description With Lump Sum Unit Total ' No. Qty. & Unit or Unit Price Written In Words Price Price 38. 1 Construct sewer force main, ' Lump Sum including manhole, complete in place, for the lump sum price of ' Dollars and Cents ' Per Lump Sum SITE WATER SYSTEM 39• 1,399 Construct 6 -inch Class 150 Linear Feet ACP main, complete in place, ' for the unit price of Dollars ✓' ' and Cents s/3-70 $ a c •'xo Per Linear Foot 40. 1 Construct 2 -1/2 -inch copper Each water service, complete in place, for the unit price of Dollars ✓ and Cents $ Per Each 41. 6 Construct 2 -inch copper water Each service, complete in place, ' for the unit price of Dollars and Cents $ S V.C)V Per Each 42. 6 Construct 1 -inch copper water Each service, complete in place, ' for the unit price of Dollars � ' and Cents $ �OT�.�j $ � {<�• 0-0 Per Each 11 Contract No. 2422 Proposal - Page 9 Contract No. 2422 Proposal - Page 10 Item Estimated Item Description With Lump Sum Unit Total No. Qty. & Unit or Unit Price Written In Words Price Price 43• 7 Furnish and install meter box Each for 2 -inch water service for ' the unit price of _Dollars and Cents $6 $ O" ev Per Each ' 44. 6 Furnish and install 6 -inch Each butterfly valve for the unit ' price of Dollars !/ and Cents $ Per Each 45. 5 Furnish and install pumper Each connection and 2 -inch back - flow preventer assembly for the unit price of Dollars ' and Cents Per Each ' 46. 5 Furnish and install fire Each hydrant and assembly per Std. Dwg. 500 -L, for the ' unit price of ,&22follars �a and Cents $ l0 CTD Per Each HARBOR ISLAND DRIVE AND BEACON BAY WATER SYSTEM 47. 354 Construct 6 -inch Class 150 Linear Feet ACP main, complete in place, ' for the unit price of Dollars ✓ and '?° Cents $ l3• $ o Per Linear Foo Contract No. 2422 Proposal - Page 10 Item Estimated Item Description With Lump Sum Unit Total No. Qty. & Unit or Unit Price Written In Words Price Price 48. 1 Construct 2 -inch copper Water ' Each service, complete, for the unit price of Dollars V and z_ Cents $ /Q/ :ad $ ZOO ' Per Each 49. 1 Construct 1 -1/2 -inch copper Each Water service, complete, for the unit price of V/ s tars ' and V _ � Cents $ 7 $��� Per Each ' 50. 1 Construct 1 -inch copper Water Each service, complete, for the unit price of Dollars ` and O� Cents $3QaA $ e9O lo.� Per Each 51. 2 Furnish and install 6 -inch Each butterfly valve for the unit price of Dollars and Cents $ �$ Q�C3.0'L Per Each 52. 1 Furnish and install fire Each hydrant and assembly per Std. DWg- 500 -L for the unit price of ' Z� t �i.• /. e48��, It Dollars and L Cents $; /60 oZ (�, 0-0 Per Each 11 1 IContract No. 2422 Proposal - Page 11 Contract No. 2422 Proposal - Page 12 k Item Estimated Item Description With Lump Sum Unit Total No. Qty. 8 Unit or Unit Price Written In Words Price Price 53. 3 Reconnect existing meter for ' Each the unit price of .d Dollars ' and 92n.:4 Cents $ .� / $ ` ov.d� Per Each ' 54. 1 Connect existing service to Each new 6 -inch water main for the unit price of Dollars ✓ and Cents s/0-30.0p ' y $�0 Per Each SITE ELECTRICAL SYSTEM ' 55. 1 Construct Edison Substation Lump Sum pad, grounding, complete in place, for the lump sum price of Dollars and v d Cents $ // °O Per Lump Sum 56. 1 Furnish and install high Lump Sum voltage and 480 volt power service conduits, complete ' in place, for the lump sum price of y Dollars and -7 6 Cents $ oZ ' Per Lump Sum 57. 1 Furnish and install main Lump Sum switchboard, grounding, ' conduit stubs, pad, complete in place, for the lump sum price of ' and �--0 Cents ,dv Per Lump Sum Contract No. 2422 Proposal - Page 12 k 1 I 1 1 ,1 i1 1 r] 1 1 1 1 1 1 1 1 I �1 Item Estimated Item Description With Lump Sum Unit Total No. Qty. & Unit or Unit Price Written In Words Price Price 58. 8 Furnish and install pole lights Each and lamps, complete in place, for the unit price of Dollars and j Cents $ $0 G� Per Each 59. 1 Furnish and install bollard Each light and lamp, complete in /place, for the unit price of Dollars and? ( �v� j ti-e Cents & / J-2 $ -7 Per Each 60. 4 Furnish and install 112.5 KVA Each transformer, including panels, breakers, grounding, pad, complete in place, for the unit price of Dollars and Cents $ 35V/$��r1D P, ' Per Each 61. 1 Furnish and install 75 KVA Each transformer, including panel, breakers, grounding, pad, complete in place, for the unit price � Dollars L and J° o Cents $ a-S ' $ a % 0 i Per Each 62. 1 Trenching, backfill, and Lump Sum compaction for all under- ground conduits, for the lump ,sum rp ice of1� _A���.Dollars and Cents $AL'I b'_Q . (J9 Per Lump Sum 1 Contract No. 2422 Proposal - Page 13 Item Estimated Item Description With Lump Sum Unit Total ' No. Qty. & Unit or Unit Price Written In Words Price Price 63• 1 Furnish and install under- ' Each ground 12 11W x 22 "L x 18 "D concrete pull box with cover, for power distribution system, complete in place, for the unit price of Dollars ✓ and ✓d Cents $ Per Each ' 64. 4 Furnish and install under - Each ground 24 "W x 42 11L x 36 "D ' concrete pull boxes with covers, for power distri- bution system, complete in place, for the unit price of I ' %�,✓;��¢ �. r Dollars and Cents Per Each 65. 5 Furnish and install under- Each ground 24 "W x 36 "L x 36 "D concrete splice boxes near gangway gates, with covers, for power distribution system, complete in place, for the unit pr /ice of A' Dollars sy i+� o Cents $ 97$ S� Per Each 66. 5 Furnish and install under- , Each ground concrete pull boxes for T.V., complete in place, for the unit price of Dollars and j p wvo Cents $� /00 $ Ci 7,— Per Each Contract No. 2422 Proposal - Page 14 Item Estimated Item Description With Lump Sum Unit Total No. Qty. & Unit or Unit Price Written In Words Price Price 67. 6 Furnish and install under- , Each ground pull boxes for tele- phone, complete in place, 'fo�r� ,99 the unit price of ' �� yyy �w . der Dollars ,) r and 0� oz7 ' ,,,191 Cents $ $ ,> 6 0 av Per Each 68. 1 Furnish and install all 120 1 Lump Sum and 208 volt branch circuits, junction boxes, terminations, conduits, and conductors, ' complete in place, for the lump sum price of Dollars r4 and $ D �-� Cents Per Lump Sum 69. 1 Furnish and install all 120/208 Lump Sum volt feeder conduits and conduct- ors, complete in place, for the lum sum price of .( t Dollars , and > Cents Per Lump Sum ' 70. 1 Furnish and install all 480 Lump Sum volt power distribution system, terminations, splices, conduits, and conductors, complete in place, for the lump sum price of ¢. Z: Dollars � and -.0 $ 8 S 7 0 e Cents Per Lump Sum I Contract No. 2422 Proposal - Page 15 I Contract No. 2422 Proposal - Page 16 Item Estimated Item Description With Lump Sum Unit Total ' No. Qty. 6 Unit or Unit Price Written In Words Price Price 71. 1 Furnish and install all ' Lump Sum telephone conduit, complete in place, for the lump sum p of //rice Dollars y and Cents $ ' Per Lump Sum 72. 1 Furnish and install all TV Lump Sum and future metering conduit, ' complete in place, for the lump sum price of —T Dollars and Cents $9 s z� ry Per Lump Sum 73• 1 Furnish and install 120/240 Lump Sum volt, 3-phase power service conduits to boatyard, complete in place, for the lump sum price of wl P Dollars and Cents $3a �• O71 j Per Lump Sum 74. 1 Demolition, maintaining of ' Lump Sum existing utilities during construction, modification to all existing facilities as required to accommodate new construction, complete in place, for the lump sum price of �•�.- .•.L.<�'ffi Dollars � and Cents Per Lump Sum I I Contract No. 2422 Proposal - Page 16 ICI I 1 Item Estimated Item Description With Lump Sum Unit Total No. Qty. & Unit or Unit Price Written In Words Price Price LANDSCAPING AND IRRIGATION SYSTEM 75. 1 Furnish and install landscaping Lump Sum and irrigation system, and the project entrance sign, complete in place, for the lump sum price of Dollars and Cents Per Lump Sum MISCELLANEOUS WORK 76. 1,243 Construct bulkhead handrail Linear Feet system, complete in place, for the unit price of Dollars and r Cents Per Linear Foot 77• 1 Construct restroom and office Lump Sum building, complete, for the lump sum priced of - J O l ¢ Dollars and Cents Per Lump Sum J v- i v' $ C 0•o a $Q. o-b � M -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- ' TOTAL OF BID ITEMS 1 THROUGH 77, INCLUSIVE $ --- ---- - - -- - -- 78A 1 Construct concrete dock Lump Sum system in accordance with ' Drawing C8 and Section 02488 of the specifications, complete in place, for the 1 lump sum price of Dollars and Cents 0-no Per Lump Sum Contract No. 2422 Proposal - Page 17 A i � • • Item Estimated Item Description With Lump Sum Unit Total No. Qty. 6 Unit or Unit Price Written In Words Price Price 78B 1 Construct wood deck and Lump Sum concrete pontoon dock system in accordance with Drawing C8 and Section 02488 of the speci- fications, complete in place, for the lump sum pric of !� oD liars and Cents Per Lump Sum ' 79A 1 Construct Boatyard Facilities Lump Sum in accordance with Drawings B1 through B11, inclusive, with concrete dock system, complete in place, for the lump sum price of s �-i feu•- Dollars and Cents Per Lump Sum 79B 1 Construct Boatyard Facilities Lump Sum in accordance with Drawings B1 through B11, inclusive, with wood deck and concrete pontoon I dock system, complete in place, for the lump sum price of Dollars and 1 Cents Per Lump Sum �) Contract No. 2422 Proposal - Page 18 $ $ 6.5'Ovo rl?U 1 1 No. 136365 A & B Contractor's License No. & Classification SEPTEMBER 11, 1984 Date (805) 987 -8615 Bidder's Telephone Number END OF PROPOSAL ARNOLD 1175 CAI idder's I Contract No. 2422 Proposal - Page 19 I ENGINEERS. INC. nd itle ORPORATE SEC. CAMARILLO, CA., 9; Item Estimated Item Description With Lump Sum Unit Total No. Qty. & Unit or Unit Price Written In Words Price Price ' ALTERNATE A: Total - Items 1 through 77 �i3 Item 78A $ a-U-0. es-0 Item 79A 0-0 ' TOTAL PRICE - ALTERNATES A: -- !/�fj��F Written In Words; .Lor�►? Dollars and Cents ce nts $.3 67 �_ (p63 S$` -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- ALTERNATE B: Total - Items 1 through 77 Item 78B $ J /O 4 S-fill. a-V Item 79B TOTAL PRICE - ALTEANJITE. /''Do�llaris Written inWords:g;[-, ^,^_l^^TV���ftF A •� J and g Cents s-3 cZ_ /, �� 3, S� 1 __________=______= _=______'__= ________________=_ 1 1 No. 136365 A & B Contractor's License No. & Classification SEPTEMBER 11, 1984 Date (805) 987 -8615 Bidder's Telephone Number END OF PROPOSAL ARNOLD 1175 CAI idder's I Contract No. 2422 Proposal - Page 19 I ENGINEERS. INC. nd itle ORPORATE SEC. CAMARILLO, CA., 9; 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: 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 no less than 10% of 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 discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors or omissions in the PROPOSAL. 1 Award of Contract. The proposal provides for two alternate floating dock systems. Each bidder is encouraged to bid both of the floating dock system alternate bid items. These will be bid as alternates and the City reserves the right to award the Contract based on either of the two alternates regardless of price. rContract 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 contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). The Contractor shall be respon- sible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. '136365 A& B Contractors Lic. No. & C assi ication SEPTEMBER 13, 1984 Date I MERCO CONSTRUCTION ENGINEERS INC. Bid er 3TARY 1 .1 1 r i r r 1 i • • 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 2. �24pni 44. 5. \� O Ck C,zlvw o f rv% 6. 7. 8. 9. 10. ,1. 12. [NC. SECRET. I vi u O A O 0 . a1,H N I H � N +1 N�� s4 a N 4j m a N m 3 O a 0 U N C V A a. s1 m z i N 1 U >r N C b O v4J 0 'T w U (d U) 00 00 N 5 41 G m w Ev N W N V a)E Si N v N N C N C O N N ro N N C C A -A u v u v N 411 0 ' w o a. m o ro Q) 6 N A b E U N N 11 N a) (a C N Q) N 00 .N. v O N N v a'" Gx °� H N ti41 w -A o G A N N W O N a N ro 3 rc-,, -H ' >. J0.1 o H 4J N W •.a N O 4J 2 O C w 0) rr1 a M ro U w o E O>1 u u -H N G 0m W M m A F .,C1 O ro a w u i ro vi u O A O 0 . a1,H N I H � N +1 N�� s4 a N 4j m a N m 3 O a 0 U N C V A a. s1 m z i - s BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, Merco Construction Engineers, Inc. That we, P. O. Box 686, Camarillo, Ca. 93011 and Industrial Indemnity Company • Page 4 Bond No. YS 748 -8686 "The Premium Charged tar this Bond is included in that shown on the Annual Bid Bond." as bidder, , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of ten percent of the total amount of the bid Dollars ($ lo' ), 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 Balboa Yacht Basin Marina Contract No. 2422 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 13th day of September , 1984 (Attach acknowledgement of Attorney -in -Fact) Merco Construction Engineers, Inc. Industrial Indemnity Company Surety By 9 IL� Title Robert M. Minot, Attorney -in -Fact n r of �k##ornrg #sss r HOME OFFICE -SAN FRANCISCO ;�titnin all men 6g these presents: That INDUSTRIAL INDEMNITY COMPANY, a corporation organized and existing under the laws of the State of California, and having its principal office in the City of San Francisco, State of California, does hereby make, constitute anti appoint ------- ---- ----- ---------- - - - - -- ROBERT M. MINOT------------------------------- its true and lawful attorney -in -fact for it and in its name, place and stead to execute on its behalf as surety, bonds, undertakings, stipu- lations, consents and all contracts of suretyship and to attach its corporate seal to such obligations in favor of all obligees, provided that the liability of the Company as surety under his authority in no one instance shall exceed the sum of --------------- — --- -------- ------ UN= TED ----- -- -- -------------- -- ---- — ---- — and reserving to itself full power of substitution and revocation. This Power of Attorney is made and executed in accordance with the Resolution adopted by the Board of Directors of INDUSTRIAL INDEMNITY COMPANY at a meeting held on the 27th day of September. 1972, reading as follows: "RESOLVED, that the Chairman of the Board or President or Executive Vice President or Senior Vice President of the Company, in conjunction with the Secretary or an Assistant Secretary of this Company, be and he hereby is authorized to execute, acknowledge or verify Powers of Attorney qualifying selected attorneys -in -fact to act under such Powers of Attorney to execute on behalf of Industrial Indemnity Company bonds, undertakings, stipulations, consents and all contracts of suretyship, and to attach the corporate seal thereto; "RESOLVED, FURTHER, that the signatures of said officers so authorized by this Company may be printed facsimile, litho- graphed or otherwise produced, and that the facsimile signature of any person who shall have been such officer of this Company at the time of such execution, acknowledgment or verification may continue to be used for the purpose hereinabove stated and will be binding on this Company, notwithstanding the fact that he may have ceased to be such officer at the time when such instruments shall be issued." In witness whereof, INDUSTRIAL INDEMNITY COMPANY has caused these presents to be signed and its corporate seal to be affixed by its proper officers, at the City of San Francisco, California, this 21st day of June , 19 76 / Attest: INDUSTRIAL INDEMNITY COMP A IL.� � Iss. uy q6' , cOA .'t L':GRPatn9 - -- y- o9oxani M. Gillespie SC#fFtary J. G. lame 9,• Sen' Vice President STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO ss. On this 21St day of June , 19 76 , before me, Mary Mueller , a notary public in and for the City and County of San Francisco, State of California, personally appeared J. G. IaPlante and Roxani M. Gillespie known to me to be the Senior Vice President and Secretary of the corporation which executed the within instrument, and acknowledged to me that such corporation executed the same, and that the resolution referred to in the preceding instrument is a true and correct copy of the resolution duly passed at a meeting of the Board of Directors on September 27, 1972, and that the same is in full force and effect. In witness whereof, I have hereto set my hand and affixed my official seal the day and year in this certificate first above written. tl11111pt11ttl11t11111 / 1111 /111111111111 /1111 2 11N11N1� MARY MUELLER NOTARY PUBLIC — CALIFORNIA 'a City IS COuNfY OF SAN f9ANOSCO Notary Public in arXfor the City and County so Mr Cwm"m Eapins Aaq, 3, 1979 Z of San Fran sc State of California �IB11N11111111111111111u1UIIN1tlUp11111111M1111 /1� I, L. E. Mulryan Secretary of INDUSTRIAL INDEMNITY COMPANY, do hereby certify that I have compared the Power of Attorney granted herein and the Resolution recited herein with the originals now on file in the principal office of said Company, and that the same are correct transcripts therefrom and of the whole of the said originals, and that said Power of Attorney has not been revoked but is still in full force and effect. In witness whereof, I have hereunto subscribed my -name as such officer and affixed the seal of INDUSTRIAL INDEMNITY COMPANY at the City of San Francisco, California, this 13th day of September , 19 84 SEAL L. E. Mulryan Secretary IY041 R7 (10/72) - 1 10 0 Page 5 I1 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 1 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. 11 I ' Subscribed and sworn to before me this 13TH day of September , 19—al. My commission expires: DECEMBER Z, 1984 h MERCO CONSTRUCTION ENGINEERS, INC. Bidder Notary Public RITA CAROL HIX IETARY CONSTRUCTION KNOINNER8, INC. COMPLETED PROJECTS E YEAR PROJECT CONTRACT AMOUNT LOCATION OF WORK AND OWNER 1978 HILL CANYON WASTE WATER TREATMENT $ 7,701,700. City of Thousand Oaks, Ca PLANT 1978 PIER 'E' CONVERSION 3,786,000. Naval Facilities Engineering Command, Long Beach, Ca. 1978 REPLACEMENT OF UNIT W/F SIPHON GAS 264,900. City of Thousand Oaks, Ca. 1979 OAK PARK HIGH SCHOOL 5,337,700. Agoura, Calif. 1979 THACHER HIGH SCHOOL - DINING RM. 476,000. Ojai, Calif. 1979 GENERAL MOTORS PROJECT 240,900. Van Nuys, Calif. 1980 KFWB AM TRANSMITTER FACILITY 188,150. Los Angeles, Calif. 1980 WASTEWATER TREATMENT PLANT 13,424,500. City of Riverside, Ca. 1980 CHANNEL ISLANDS HEADQUARTERS 2,812,200. U.S. Dept. of FACILITY Interior, Oxnard, Calif. 1980 FAMILY HOUSING FLOOD PROTECTION 1,379,000. Naval, Facilities Engineer- ing Command, Long Beach 1980 SHAFT LATHE INSTALLATION 309,725. Naval Facilities Engineer Command, Long Beach, Cal. 1980 THACHER SCHOOL, SCIENCE BLDG. 1,700,000. Ojai, Calif. 1980 SLUDGE HANDLING FACILITIES 9,172,000. City of Ventura 1981 WESTERN KRAFT PAPER PLANT 2,100,500. Oxnard, Calif. 1981 THACHER HIGH SCHOOL; 87,000. City of Ojai, Cal. HANDBALL COURT; RESIDENCES 1981 PRIMARY DIGESTER 131,600. City of Camarillo, Ca. 1981 FINAL CLARIFER AND 559,822. City of Camarillo, Ca. GAS PUMP STATION 1982 RECLAIMED WATER SYSTEM AND 94,814. City of Camarillo, Calif. PRESSURE OUTFALL 1982 THE ABBEY BUILDING 6,636,897. City of Los Angeles, Ca. REMODELING 1982 WESTERN KRAFT - STORM DRAIN 128,190. Oxnard, California 1982 RIVERSIDE WATER QUALITY 6,600,000. City of Riverside, Cal. CONTROL PLANT 1982 THACHER HIGH SCHOOL - HUMANITIES BLDG. 338,293. Ojai, California 1173 CALLE GUERRE • Po BOX ON. CAMARILLA, 0AUFORNIA &7911 •15 9 51 96746 /5 ,-�. a- .,:-mow .. �u.< : , .��. " .� I PROJECTS OUR ORGANI7.ATION HAS COMPLETED NERCO CONSTRUCTION ENGINEERS, INC. Contract Location of Work and for Year Type of Work Amount Whom Performed 1971 Pump Station 335,700 1972 Pump Station 41,800 1972 Horse & Pedistrien Tunnels 316,900 1972 Pump Plant & Force Main 577,300 1972 Grading & Misc. sitework 1350000 1972 Building & 'titework 3,543,400 Sitework & Buildings Building Building Sewers & Sitework Building Sewer & Pump Station; Building Promenade,including concrete & pipe work Building Storm Drain & Outfall Dam Work Ship Wastewater Collection Ashore Harbor Sewage Collection System Beach Club & Swin Lagoon Urban Plaza Vertical Structure Pump Stations Buildings Effluent Filters Water Reclamation Plant Sewage Treatment Plant & Administration Building Wastewater Pump Station & Sewers Relief Sewer & Pump Station Gas Migration Prevention Syst. Replacement of 20,000 Sq. Ft. of Building Roof & Decking Relief Sewers Fire Station No. 1 "I" Street Improvements Propeller & Shaft Shop Pierce College Library Addit. George Washington High School Olsen Road Water Reclamation Plant Lemur Street Drainage Improve. South Coast Area Transit General Motors Project 1,326,200 1,781,000 604,300 73,800 1,530,500 1,626,700 3,237,600 Los Alamitos Pumping Station Ballona Creak Santa Anita Race Track, Arcadia Union Pacific Avenue, Los Angeles Wise Temple and University of Judaism Central City Mental Health Center,Marco, Wood Construction Joint Venture Camp U -Ramah Shoreline Condominiums, Santa Barbra 21 -Unit Condominium, Palos Verdes Leucadia County Water District East San Gabriel Valley Library Leucadia County Water District Temple Hospital, Los Ang &les 8549100 City of Redondo Beach 108820200 Huntington Oaks Townhouses, Pasadena 2518200 Terminal Island, City of Los Angeles 380,000 City of Los Angeles, Van Norman Dan 49,900 L.A. County Sanitation District 4,649,600 Naval Support Activity,Terminal Island 376,300 Terminal Island, City of Los Angeles 4840100 City of Irvine, The Irvine, Company 44,500 Village of Woodbridge, Irvine Company 211,500 Prudential Ins.Co.Westlake Village, Cal 75,000 Univ. of Judaism, Camp Ramesh Ojai, 3,4179800 L.A. County Sanitation District 16,121,000 Terminal Island, City of Los Angeles 1,489.000 Port Hueneme, Ventura County Sanitation 6109000 City of Oxnard • ' 49,900 L.A. County Sanitation District 296,700 Kimberly -Clark Corp.Fullerton 903,900 L.A. County Sanitation District 6240700 City of Ventura 1,5680100 City of Los Angeles 203509000 Naval Facilities Engineering Cormand,L, 1,553,700 Los Angeles Community College District 1,672,300 Los Angeles City Unified School Distrir 203,400 City of Thousand Oaks 1520300 City of San Buenaventura 1,3139800 Oxnard, Ca. 243,800 Van Nuys, Ca. ,e 0 11 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. SHOULD MERCO CONSTRUCTION ENGINEERS, INC. BECOME THE APPARENT LOW BIDDER, WE DO AGREE TO SUBMIT A STATEMENT WITHIN (1) WORK DAY AFTER THE BID OPENING TO SHOW FINANCIAL RESPONSIBILITY. MERCO CONSTRUCTION ENGINEERS. INC. Bidder Authoriz ignature /,Tit] e ARNOLD HE SHBERG, ORP.SECRETARY 0 a 'a PROJECTS OUR ORCANIZA'CIOY HAS COMPLETED MERCO CONSTRUCTION ENGINEERS, INC. Contract Location of Work and for :Year Type of Work Amount Whom Performed 1966 1966 1966 1966 1966 1966 1967 1967 1967 1967 1967 1967 1967 1967 1967 1967 1968 1968 1968 1968 1968 1968 1968 1968 1968 ,.1968 1968 .1968 1969 .1969 1969 1970 1970 1970 1970 1971 1971 1971 1971 1971 1971 1971 Building.& 3itswork 3,339,000 Building 581,400 Pipe Work 273,900 Site Development - sewers, water, electric, storm drains, paving, grading & concrete 634,000 Sewers 234,600 Sewers 61,400 Building & Site Development 4,467,800 Building & Site Development 1,685,200 Sit* Development- sewers,water electric,storm drains, paving, grading, & Concrete 1,268,500 Site Development 233,500 Boat Launch Facilities 24,800 Raise Seawalls 467,900 Storm Drains & Sewers 3420700 Sewers 336,900 Sewers 386,300 Site Development & Various pipework 130,300 Buildings & Site Development 61259,200 Fountain, Various types of piping 192,300 Park Development 210,200 Pipe Line 740,500 Site Development 211,200 Site Development 560,900 Earth Moving 143,400 Sewers 2,904,200 Street Improvements 236,100 Sewers 386,500 Storm Drain 6,300 Sitework 144,300 Building & Parking Structure 5,691,000 Building 4,580,200 Street Improvements 2,027,400 Central Utility Building 998,100 Sewers 491,600 Storm Drains 42,900 Sewers 149,600 Residence 15,400 Sewers 582,106 Building & Site Development 4,880,300 Sitework 184,800 Grading 202,000 Sewer 456,100 Sewer 235,100 Holmes Junior High School McBride.School,.Los Angeles Dominguez Channel L.A. International Airport, Cargo Site Shoup St. City of Los Angeles Montecito,. Santa Barbara, Loa Angeles Cot Parking Structure 111" U.C.L.A. West L.A. Ridgecrest Intermediate School,Paloi Vert Miraleste High School, Palos Verdes U.C.L.A, West Loa Angeles -Marina Dal Rey, U.C.L.A. Mod. Of Bulkheads- Naples, Long Beach Pomona Freeway Marina Relief Trunk - Long Beach Sherman Oaks, Ventura B1vd.,Los Angeles Treatment Plant, Moorpark, Ventura Counts Crenshaw High School, Los Angeles Franz Hall U.C.L.A, West Los Angeles KNAPP Ranch Park Corona Water Reclamation Project Cal -Poly, Pomona Bunker Bill, Los Angeles Santa Anita Dam Chino Basin Project, Pomona Jefferson Boulevard, Los Angeles Enclid Trunk Sewer Walter Kidde U.C.L.A. Parking Structure "E ",West L.A. Cal -State East Los Angeles Library, Cal - State, Long Beach City of Los Angeles, Convention Center 5 Central Plant, U.C. Irvine City of Bakersfield Canoga Park Marina Del Rey Murray Comer Etiwanda Relief Sewers Newhall Civic Center Social Science Ring Development,U.C, Iry Redondo Beach Park Beach Relief Sewer Ethel Avenue - Relief Sewer 0 * 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 Teleahone No. NOTE: PLEASE SEE FIVE (5) PAGES ATTACHED MERCO CONSTRUCTION ENGINEERS, INC. Bidder horized S pature /Tit ARNOLD HEIRSH EItG, CORPORATE SECRETARY PROJECTS OUR ORGANTZATION HAS COMPLETED MERCO CONSTRUCTION ENGINEERS, INC. Contract Location of Work and for Year Type of Work Amount Whom Performed Golf Course Construction 469,409 La Mirada -- Calf Course Building 511,000 Lassen School Alterations 227,000 Pierce College, Los Angeles Grading 86,100 U.C.L.A. Physical Rehabilitation Unit Storm Drain 135,300 South Hills High School,West Covina Storm Drain- 30,400 Colorado Avenue, City of Los Angeles Sewer V 179400 Wilton & Wilshire, City of Los Angeles Sitework & Building 2,9591600 Mulholland Junior High School Building & Sitework 4,090,200 Chatsworth High School Building & Sitework 2,6849800 Ernest ,Rightetti High School, Santa Maria Residence 479200 Dr. Sam Steindel, Los Angeles Building & Sitework 1,829,800 Los Angeles, Valley Junior College City Hall 1,014,400 Gardena Civic Center Buildings Central Boiler Plant 227,200 Birmingham High School Store Building 399000 Hackers Sewer 7,800 Century City Storm Drain 2,700 San Dimas Sewer Relocation 170,600 Glendale & Burbank Sewer & Storm Drains 68,700 Western Ave. Overpass, Burbank Sewer Relocation 1830000 Santa Monica Freeway Utility Tunnels, Severs 55,200 r. U. C. L. A. Sewer 219300 U. C. L. A. - Extension of Utilities Building 528,300 Pierce Junior College Building 137,000 Carpenter's Union Hall Sitework 71,000 U. C. L. A. Library,West ]too Angeles Sewer 130,000 Tujunga Grading 250000 U.C.L.A. Dentistry Building Sewer & Storm Drain 190400 U.C. Riverside Building 3,3250800 Santa Monica County Court Building Building & Site Work 3,1220400 Rolling Hills High School Heating & Cool. Plant Piping 33,700 U.C.1•.A. West Los Angeles Bldg. & Ground Imprv. 1,674,500 Greater Los Angeles,'Loo Utility & Site Development 3,948,200 University of California - Irvine Building Additions 242,300 Natural Science L'•11ding U.C. Irvine Building Additions 40,700 Social Science Building, V.C. Irvine Live Sewer Relocation 372,7.00 Pomona Freeway Live Sewer Relocation 700600 San Gabriel Freeway Severs 30,100 U.C.L.A. Denistry Building Storm Drains 36,300 U.C. Riverside Water & Severs 23,800 U.C. Irvine, Res. hall Severs & Concrete 170,500 Tehachapi Correctional Institute Storm Drains & Sewer & Water 108,000 Flying Tigers, L.A. Airport Severs 218,800 Balboa Tunnel, City of Los Angeles Water & Severs 120,900 Exhibit homes Subdivision, Encino 4 1 CONiTRUCTCN IINOINow", INC. PROJECTS IN PROGRESS YEAR PROJECT CONTRACT LOCATION OF WORK AMOUNT AND OWNER 1983 GRAND AVENUE PUMP STATION $ 150,400. Ojai, California, Casitas Municipal Water District 1983 HYDROELECTRIC POWER GENERATION PLAN 672,000. Santa Susana Tunnel, Calleguas Mun. Water Dist. 1983 RINCON - INSTALLATION OF GAS ENGINE 193,565. Ojai, California, Casitas Municipal Water District 1983 GLORIETTA PARK /VERDUGO RD. PUMP 1,803,000, City of Glendale, Calif. STATIONS 1983 CAMARILLO CITY HALL, REPAIRS 43,499. City* of Camarillo, Calif. 1983 VALLEY VIEW POWER PLANT 1,361,000. Yorba Linda, The Metro- politan Water District of Southern California 1983 ENERGY RECOVERY STATION, 466,099. Oxnard, California, ELECTRIC POWER PLANT Central Plants, Inc. 1984 THACHER SCHOOL FACILITY RESIDENCES 273,000. Ojai, California 1984 HILL CANYON TREATMENT PLANT #2 1,101,000. City of Thousand Oaks, Ca. 1984 HAZARDOUS WASTE MANAGEMENT 4,788,900. Vandenberg Air Force Base, PACKAGE IB. U.S. Army Corps of Engrs. 1984 BLACK LAKE PROJECT, 614,000. The Pacifica Corporation, WASTEWATER TREATMENT PLANT San Luis Obispo WATERSTORAGE AND PUMPING SYSTEM 1984 CAMERON STREET STORM DRAIN 289,298. City of San Buenaventura AND WATERLINE REPLACEMENT 1984 TERMINAL ISLAND TREATMENT PLANT City of Los Angeles Harbor SLUDGE FACILITIES IMPROVEMENT 1173 CALLE SUERTE • PO BOX EBB • CAMARILLO, OAUFORNIA 03011 •O1907 -8 15 `J i 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 of 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 adjudged 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 in 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: a! AJ I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at N wport Beach, California, thie day ri`410, 19W THE NEWPORT ENSIGN This space is for the County Clerk's Filing Stamp Q Proof of Publication of PROOF OF PUBLICATION 6 TO: CITY COUNCIL FROM: Public Works Department SUBJECT: BALBOA YACHT BASIN MARINA (C -2422) RECOMMENDATIONS: Approve the Plans and Specifications. August 13, 1984 CITY COUNCIL AGENDA ITEM N0. — - Za BY THE CITY COUNCIL CITY Of NEWPORT BEACH AUG 131984 APPROVE Authorize the City Clerk to advertise for bids for Contract No. 2422 to be opened at 10:00 a.m. on Thursday, September 13, 1984. DISCUSSION: On November 22, 1982, City Council approved a State of California Department of Boating and Waterways loan agreement in the amount of $2,500,000 for the Balboa Yacht Basin reconstruction. On August 8, 1983, City Council authorized filling a supplementary loan application in the amount of $800,000 to the Department of Boating and Waterways and approved scheduling of the Yacht Basin reconstruction when the supplemental loan funds become available from the State. The State Department of Boating and Waterways Commission has approved the supplemental loan at its July 20, 1984 meeting. The proposed project will provide for demolition of the existing slips, bulkheads, apartment building, yacht broker office and restroom facilities and construction of the new marina facilities including 165 slips, 1,350 feet of bulkhead, storm drains, sewer pumpout station, restroom build- ing with second floor office for yacht broker, a parking lot pavement, landscaping, irrigation, and all new utilities including metered electri- cal service to each slip. In addition, planned water main construction to improve water flow to the adjoining Beacon Bay property has been included in the project along with site improvements, slip and hydrolift pier construc- tion at the boat yard adjoining the Yacht Basin. The boat yard improvements are the responsibility of Mr. David New who currently operates the boat yard under a sublease from The Irvine Company. A new lease between the City and Mr. New, which will provide for payment of the boat yard improvement is being processed and will be ready for Council approval prior to award of contract for this project. The Engineer's estimate for construction is $3,245,500. Funds for the work are available in the 1984 -85 budget as follows: 4 August 13, 1984 Subject: Balboa Yacht Basin Marina (C -2422) Page 2 A. City of Newport Beach Funds .L Boating and Waterways 2. Water Fund 3. General Fund B. Boat Yard Funds $ 3,019,500 8,000 18,000 200,000 $ 3,245,500 In order to complete the work it will be necessary to vacate the marina. The Marine Department has notified tenants in the marina with 90 -, 60 -, and 30 -day notices to vacate the marina prior to the start of construction. The plans and specifications were prepared by the civil engineering firm of Rod Lundin and Associates of Northridge, California. The estimated date of completion is May 15, 1985. . IZ4re, Benjamin B. `Nolan Public Works Director JW:jd