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HomeMy WebLinkAboutC-2679 - Fuel Storage Tank ReplacementCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT [California Civil Code §3262(d)(3)] f - Upon receipt �[ b%�y the undersigned of a check from in the sum of $RR / (Mak rot Check) payable to (Amount of Check) (Payee or Payees of Check) and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effect' t release ny chanic's lien stop notice, r bond right the undersigned has on the job of ep located at (Job Description) This release covers the final payment to the undersigned for all labor, services, equipment or material fur 'shed on the job, except for disputed claims for additional work in the amount of $ Z7 . Before any recipient of this document relies on it, the p t � a / O y should verify evidence of payment to th�ju dersigned. Dated: / In 0 NOTE: This form of release complies with the requirements of Civil Code Section 3262(d)(3). It is not effective until the check that constitutes final payment has been properly endorsed, and has cleared the bank. USE REVERSE SIDE AS RELEASE FOR INDIVIDUALS PERFORMING LABOR FOR WAGES WAIVER AND RELEASE UPON FINAL PAYMENT —Re, . 1.85 V _V �'i�Lj G) t 2 CJ :4 FJ � G'y'm a G`.' :. r L'. �3 CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT [California Civil Code §3262(d)(3)] Upon receipt by the undersigned of ©o in the sum of $g .SoD payable to ( mounl of Check) 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 releas any echanic's lien, st p notic , or bond ti right the undersigned has on the job of l� CT '.,�, owns located at V4�/`S (JO0 Description) This release covers the final payment to the undersigned for all labor, services, equipment or material fur *shed on the job, except for disputed claims for additional work in the amount of $ , p, � Before any recipient of this document relies on it, the party should verify evidence of payment to tth-j undersigned. Dated: a �-.�- l — D 1S 7� .. e QI NOTE This form of release complies with the requirements of Civil Code Section 3262(d)(3). It is not effective until the check that constitutes final payment has been properly endorsed, and has cleared the bank. USE REVERSE SIDE AS RELEASE FOR INDIVIDUALS PERFORMING LABOR FOR WAGES WOLCOTTS FORM 3262.3 — CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT —Rev 685 ©1985 WOLCOTTS. INC Iprice class 221 RED 5 r I y F UI 1 +T 1 .4yw�u ,.T 1 5i, :x , •tf l E L:tr yG� [- ' Ril. 4 S" J t 33„j r34 rf . II 1 y T rY • n t �' Y -' t`y T �OW } J'K it r(' :r I ' *) y i { TA Ta ti t , " "4 f� �'yJ� hT 1./��'�!•� Irr f � � it .,y � � �, va7 Y t 4r th �' :� ;1 j� 'A � m, rtM .ttte{�F�'�A[}�,.I•i' {1 I, I r � r rT-4 nJ h r i. ♦ ,,J �S ✓+.Cr T R'n5t} t f �'' I �tl 1 r� March 14, 1989 TO: City Clerk FROM: Public Works Department SUBJECT: Conditional Waiver & Release Contract No. C -2679 oil 4 uol ft 'tI$J4 Attached are two waivers and releases from Hewlett Concrete for the subject contract. Donald C. Simpson Special Projects Manager DCS:dw Attachment •� • �' �.. �h Q�ti�,1�� �� �� �. E RAYMOND P. BURTON, JR. Attorney at Law February 21, 1989 City of Newport Beach RE �iEIY� Department of Public Works i3 3300 Newport Blvd. �' %9 —F Newport Beach, Ca 92663 NEWMKW Attn: Donald C. Simpson Special Projects Manager Re: Atlas Environmental Service My Client: Rankin & Rankin, Inc. ENCLOSED HEREWITH ARE THE FOLLOWING: Release of Stop Notice C -- 2677 Telephone (916) 885 -4551 110 Maple Street, Suite 7 Auburn, CA 95603 -5012 AJAR 0 6 1989 CfrS c,. t"POR7 CALIF, J_ These are furnished for the purpose(s) designated below: Your signature and return in the envelope provided. Filing and return of the endorsed copies in the envelope provided. XXX For your information and records. Pursuant to your request. XXX Other: The funds due to my client, Rankin & Rankin, Inc., have been paid in full by Atlas Environmental. Accordingly, the enclosed document is intended to release the Stop Notice previously filed with the City of Newport Beach. Thank you for your courtesy and consideration. RPB /c Very rul"yy yours, ' Ra mond P. Burto 3_ -i3_ cc: Rankin & Rankin, Inc. Attn: Cheryl Rankin, Vice - President cc: Atlas Environmental Service 605 South Palm Street, Suite H La Habra, California 90631 Dir. ... W [?ir. 2irf 1�r ;sir 3-/-3 0 F Cn� RAYMOND P. BURTON, JR. Attorney at Law 110 Maple Street, Suite 7 Auburn, CA 95603 -5012 Telephone: (916) 885 -4551 0 RELEASE OF STOP NOTICE To: DONALD C. SIMPSON, Special Projects Manager City of Newport Beach 3300 Newport Blvd. Newport Beach, Ca 92663 PLEASE TAKE NOTICE that RANKIN & RANKIN, INC., a California corporation, whose address is 7250 Chili Hill Road, Newcastle, California 95658, hereby withdraws and releases the Stop Notice dated January 10, 1989, and filed immediately thereafter, with the above - named public entity against ATLAS ENVIRONMENTAL SERVICE, 605 South Palm Street, Suite H, La Habra, California 90631, in the amount of $14,178.00, plus interest at the rate of seven percent (78) per annum from November 17, 1988, for the construction of a Galaxy model canopy and six 400 watt H. I. D. lights, in connection with the original contract for the work of improvement consisting of improvements constructed at NEWPORT BEACH POLICE DEPARTMENT, 870 Santa Barbara Drive, Newport Beach, California 92660, pursuant to the original contract entered into between your agency and ATLAS ENVIRONMENTAL SERVICE, the original contractor for the work of improvement. The undersigned also hereby releases THE CITY OF NEWPORT BEACH, and its subdivisions and agents, from any further duty under Section 3186 of the California Civil Code to withhold money or bonds in response to the stop notice, and waives any right of action against them that might accrue thereunder. Executed on February 17, 1989, at Auburn, California. RANRIN & RANKIN, INC., A California Corporation Page 1 of 2. Qwzz.�I DONALD President g % STATE OF CALIFORNIA ss. County of Placer On February 17, 1989, before me, RAYMOND P. BURTON, JR., a Notary Public for the State of California, personally appeared DONALD V. RANKIN, known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the foregoing Release of Stop Notice, as President of RANKIN & RANKIN, INC., on behalf of said corporation, and acknowledged to me that said corporation executed the within instrument pursuant to its by -laws or a resolution of its Board of Directors. WITNESS my hand and official seal. OFFICIAL SEAL RAYMOND P. BURTON, JR. NOTARY PUBLIC- CALIFORNIA PXYMOND P. BURTO JR., ESQ. Principal Office in PLACER County Notary Public My Commission Expires Feb. 2, 1990 Page 2 of 2. RAYMOND P. BURTON, JR. RECEIVED Attorney at Law 110 Maple Street, Suite 7 `:.� ORNP Auburn, CA 95603 -5012 Telephone: (916) 885 -4551 STOP NOTICE [CC 553103, 3181 -31871 To: DONALD C. SIMPSON, Special Projects Manager City of Newport Beach 3300 Newport Blvd. Newport Beach, Ca 92663 PLEASE TAKE NOTICE that RANKIN & RANKIN, INC., a California corporation, whose address is 7250 Chili Hill Road, Newcastle, California 95658, performed labor and furnished materials for ATLAS ENVIRONMENTAL SERVICE, 605 South Palm Street, Suite H, La Habra, California 90631, used in the public work of improvement consisting of improvements constructed at NEWPORT BEACH POLICE DEPARTMENT, 870 Santa Barbara Drive, Newport Beach, California 92660. This public work is being constructed pursuant to the original contract entered into between you and ATLAS ENVIRONMENTAL SERVICE, the original contractor for the work of improvement. The following labor and materials have been furnished on November 17, 1988: The construction of a Galaxy model canopy and six 400 watt H. I. D. lights. The contract price of the labor and materials, being the whole of the amount in value agreed to be furnished is $17,772.00, of which sum $14,178.00, plus interest at the rate of seven percent (7 %) per annum from November 17, 1988, has not been paid after deduction of all just credits and offsets. The total amount of the labor and materials has already been furnished. Therefore, the undersigned hereby requests and demands that you withhold sufficient funds to satisfy this claim as required under Section 3186 of the Civil Code relating to stop notices for public works. ,.�a , f'a 'r fir. 1! bu Dated: January 10, 1989. • Mayor • pouncilmen pager er A".iorney ❑ Bldg. Dir. C7 � diSery Dir. iu &R Dir. +.,. ❑ Planning Dir. ❑ Police Chief -< ❑ PJN. Dir r RANKIN & RANKIN, INC., A California Corporation By. 7 CH RYL R KI , Page 1 of 2. I, CHERYL RANKIN, declare as follows: I am the Vice - President of RANRIN E RANRIN, INC., the California corporation named as the Claimant in the foregoing Stop Notice and I am authorized to make this verification for the corporation. I have read the foregoing Stop Notice know its contents; it is true of my own knowledge and contains, among other things, a correct statement of the corporation's demand after deducting all just credits and offsets. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on January 10, 1989, at Auburn, California. CHERYL RJrKIN STATE OF CALIFORNIA ) ) ss. County of Placer ) On January 9, 1989, before me, RAYMOND P. BURTON, JR., a Notary Public for the State of California, personally appeared CHERYL RANRIN, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same. WITNESS my hand and official seal. 0OWRCK . SUAL RAYMOND P. BURTON JR. PUBLIC- CALIFORNIA dPel Oltke In PLACER Couy ommieslon ExPlm Feb. 2190 fz RAYMOND P. BURTC)p , JR., ESQ. Notary Public Page 2 of 2. January 12, 1989 TO: City Clerk FROM: Public Works Department SUBJECT: Stop Notice for C -2679 Enclosed is the subject Stop Notice for the Underground Storage Tank Replacement project, C -2679. IiT" Donald C. Simpson Special Projects Manager DCS:dw Enclosure r 4 - RECEIVED STOP NOTICE JAN 3 In" cn; NOTICE TO WITHHOLD TO HOLDER OF FUNDS CITY CLfAK N4yIpOmR1 BFhC11 of Newport Beach (Name of owner, construction lender or public officer) Public Works, Accounts Payable (Address of owner or construction lender) , -Z,1-,7y HOLDER OF FUNDS. YOU ARE HEREBY NOTIFIED THAT the undersigned claimant, Hewlett Concrete, 11211 Orange Park Blvd., Orange, Ca. 92669 (Name and address) has furnished or has agreed to furnish Labor and Material (labor, services, equipment, materials) of the following kind Concrete tank pads and curbs (general description of labor, services, equipment or materials) to or for Atlas Environmental , for the work improvement, located at, or known as: (name of person to or for whom furnished) Newport Beach Police Dept., Jamboree at Santa Barbara, Newport Beach, (address, legal description, description of site or project identification) G a The amount in value of the whole agreed to be done or furnished by claimant is $ 11,356.57 The amount in value of that already done or furnished by claimant is $ 8,500.00 Claimant has been paid the sum of $ 8,500.00 , and there remains due and unpaid the sum of $ 2,856.57 plus interest thereon at the rate of 24 per cent per annum from December 21, 19 88 . YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST. Dated: December 30, 1988 Jeffrey Hewl t am fClaimant 11211 Orange Park Boulevard Address of Claimant Orange, California 92669 STATE OF CALIFORNIA ) p✓ *r' c.�in ? )} ss. U -I E — >` 6 mL COUNTY OF Orange 'o ,.. = :�° c:.� '� ; t' �--: ✓ 0 :u' y1 �ji L1 :.] 'J iii L�� � 4Y Jeffrey Hewlett being duly sworn, deposes and says: That —he is the person(s) who signed the foregoing Stop Notice; that _he has read the same and knows the contents thereof to be true of h ?s own knowledge, except as to any matters or things that may therein be stated on h-is information and belief and as to those matters and things --he believes them to be true. Subscribed and sworn to before me this 30th dayof December 19 -88 . OFFICIAL SEAL. MARY GENEVIE PACELLA Mowry yy,blic–Cagfornla Notary Public and in and for said State ORANGE COUNTY My Comm. Ixp. Apr. 1, 1991 This standard foss, assets mart wad psobtama as the Geld Indicated. Baton pan tlprr rood 4 flU to an blanks. STOP NOTICE and make chanam proper to your trantaatlon. Consult • lawyer B you doubt List Eorm • asses for your parpow. WOL OTTO FORM 094 —Ray. 1-71 JonWC=sa) E JAN 0 3 `989 ► NErir — -11 CnLir. Is 0 0 CITY OF NEWPORT BEACH PUBLIC WORKS PROJECT CHANGE ORDER CHANGE ORDER NO. 4 DATE 9 -28-88 CONTRACT 2679 BUDGET NO. 02- 2497 -410 CONTRACTOR'S NAME Atlas Environmental Service, Inc. PROJECT NAME Fuel Storage Tank Replacement ACTION: A. Increase waste oil tank @ Corporation Yard from 550 gal. to 1000 gal. B. Remove contaminated soil @ Police Department site. 240 c.y. @ $235/c.y. C. Remove & replace fueling canopy & island @ Police Dept. including air, water & oil piping & reels. D. Emergency switch & light @ City Hall. E. Leak detection probe for Police Dept. generator fuel line. F. Electrical work for Police Dept. generator, repair & replace parking lot lighting conduit, add emergency switch light at Fire Dept., add 4 pole contactor for Fire Dept. dispenser circuit & pull new conductors for service to Fire Dept. dispenser. G. Separate overburden from contaminated soil at Police Dept. 6 hrs. @ $95.00 /hr. H. Cut through extra thick concrete at Corp. Yard fueling island for ADD $ 3,700.00 ADD 56,400.00 ADD 40,000.00 ADD 1,444.30 ADD 650.00 ADD 2,888.80 ADD 570.00 new conduit. 7 hrs. @ $200.00 /hr. ADD I. Omit deadmen for Corp. Yard diesel & waste oil tanks. DEDUCT J. Fuel to fill City Hall tank for testing. 135.4 gal. @ $0.959/gal. ADD Total Amount of This Change Order CONTRAC BY DATE 1,400.00 (1,875.00) 129.84 $105,307.94 • • CITY. OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3311 September 1, 1988 Atlas Environmental Services, Inc. 605 "H" South Palm Street La Habra, California 90631 Gentlemen: Enclosed is your executed copy of Change Order No. 3 for Contract No. 2679. Very truly yours, Donald C. Simpson Special Projects Manager DCS:dw Enclosure 3300 Newport Boulevard, Newport Beach vw ('ice I l • • .CITY OF NEWPORT BEACH PUBLIC WORKS PROJECT CHANGE ORDER CHANGE ORDER NO. 3 DATE 8/31/88 CONTRACT 2679 BUDGET NO. 02- 2497 -410 CONTRACTOR'S NAME Atlas Envirnomental Services, Inc. PROJECT NAME Fuel Storage Tanks ACTION 1. Remove & dispose of contaminated ground water at City Hall tank site. Add $7,241.96 2. Replace asphalt paving at City Hall site with concrete 695 s.f. @ $3.00 Add $2,085.00 Total Addition to Contract $9,326.96 CON TOR:! lt5 `% ✓ c'�.. e^' ��"'�' BY DA Q ► �YY 1 I CITY OF NEWPORT BEACH March 9, 1989 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 6443005 Atlas Environmental Service, Inc. 605 S. Palm, #H La Habra, CA 90631 Subject: Surety: Explorer Insurance Company Bonds No.: 02 69 96 Contract No.: C -2679 Project: Fuel Storage Tank Replacement The City Council of Newport Beach on February 13, 1989 accepted the work of subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. The Notice was recorded by the Orange County Recorder on February 21, 1989, Reference No. 89- 091295. Sin�erely, Wanda E. Raggio City Clerk WER:pm cc: Public Works Department 3300 Newport Boulevard, Newport Beach RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City ClerkQ„� City of Newport Bea 3300 Newport Boulevard Newport Beach, CA 92663 89LO91295 Am RECORDING REQUEST PER GOVERNMENT CODE 6103 EXEMPT C10 NOTICE OF &MPI.ETION PUBLIC WORKS RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA :00 F E B 2 1 1989 PM 04 Q. y RECORDER .1 o All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE tl* on February 13, 1989 the Public Works project consisting of Fuel Storage Tank Replacement (C- 2679) on which Atlas Environmental Service, Inc., 605 S. Palm, #H, La Habra, CA 90631 was the contractor. and Expl rance Company, P.O. Box 2039, Tustin, CA 92681 was the surety, was coroo'nZAk r e CIT LFNEWPORT BFACH �VE O_ ,+ WA lto Public Works Director I, the undersigned, say: I am the Public Works Director of the City of Newport Beach; the foregoing Notice of Completion is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on February 16. 1989 at Newport Beach, California. d2 Arun A Public Works Director VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Newport Beach; the City Council of said City on February 13, 1989 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 February 16, 1989 at Newport Beach, California. City Clerk �': ItAle Tif CITIMbF NEWPORT is 4ACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 February 17, 1989 County Recorder's Office P.O. Box 238 Santa Ana, California 92702 (714) 644 -3005 Enclosed is the following dociarent for recordation and return to the above -named office: FUEL STORAGE TANK REPLACEMENT (C- 2679). Sincerely, 3300 Newport Boulevard, Newport Beach r C • • TO: CITY COUNCIL FROM: Public Works Department lebruary 13, 1989 CITY COUNCIL AGENDA ITEM NO. F -19 3Y TH' JTY COUNCIL CITY -A NEWPORT BEACV FEB 13 1989 SUBJECT: ACCEPTANCE OF FUEL STORAGE TANK REPLACEMENT - CONTRACT NO. 2679 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. DISCUSSION: The Contract for the construction of the subject project has been completed to the satisfaction of the Public Works Department. The Contractor was Atlas Environmental Services. Original Bid Price $308,238.00 Amount of Unit Price Items Constructed 308,238.00 Amount of Change Orders 144,431.56 Total Contract Cost $452,669.56 The following change orders were issued: Change Order No. 1 Increase size of gasoline tanks at City Hall and diesel tank at Corporation Yard from 10,000 gal. to 12,000 gal. Install two new dispensers at Police Department $ 18,807.00 Change Order No. 2 Install underground conduit for future dispenser controllers 2,100.00 Change Order No. 3 Dispose of contaminated ground water and replace additional pavement at City Hall Site 9,326.96 (3g� r• Subject: Acceptance A uel Storage Tank Replacement (0679) February 13, 1989 Page 2 Change Order No. 4 Remove contaminated soil at Police Department. Install new canopy at Police Department. Increase waste oil tank size at Corporation Yard from 550 gal. to 1,000 gal. 105,307.94 Chanae Order No. 5 Install new electrical service panel at Corporation Yard and install no -spill containers on existing Corporation Yard gasoline tanks 10,029.95 Chance Order No. 6 Replacement of additional paving and curbs at Police Department due to removal of contaminated soil and installation of photo cell at Police Department canopy 3,559.71 • The Contract was scheduled to be completed by November 23, 1988, but all of the facilities were not available for use until the middle of December. Due to the removal of the contaminated soil and the installation of the new canopy at the Police Department, a 30 day time extension was granted. All contaminated soil has been removed, but the ground water at the City Hall and Police Department sites still contains contaminants in excess of the allowable limits. Since there is no potable ground water at either of these locations, the consultant retained by the City has filed reports with the Orange County Health Department recommending that no further remedial actions be taken. To date we have not had a response from the County. �J �-' � a &4 Benjamin B. Nolan Public Works Director • DCS:so CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: August 12, 1988 SUBJECT: Contract No. C -2679 Description of Contract Fuel Storage Tank Replacement Effective date of Contract August 12, 1988 Authorized by Minute Action, approved on July 25, 1988 Contract with Atlas Environmental Service, Inc. Address 605 S. Palm, #11 La Habra, CA 90631 Amount of Contract $308,238.00 k" S Wanda E. Raggio City Clerk WER:pm Attachment ',i5 ,. :. firt �.. CITY CLERK NOTICE INVITING BIDS - Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P. 0. Box 1768, Newport: Beach, CA 92658 -8915 until 11:00 a.m, on the :14th day of July 19881 at whi tceime susuch_ bids sWa T be opene- read for FUEL STORAGE ' ittTe i u REPLACEMENT 2679 Contract No. $310,000 Engineer's Estimate • Approved by the City Council this 13th day of June 1988. Wanda T Ragg ro City Clerk Prospective bidders may obtain one:set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. 0. Box 1768, Newport Beach, CA 92658 -8915. for furtherA nformation,. call Donald-C. Simpson at 644 -3311. rb ect Manager. �. +_ � s _1 � I y_.,: _ .:. .�. :..... ..:.. _ ...............:....:.".,,:�„ ., ..:... ....:.... .:.......... • :. Z. PR 1.1 CITY OF NEWPORT BEACH _ PUBLIC WORKS DEPARTMENT PROPOSAL FUEL STORAGE TANK REPLACEMENT CONTRACT NO. 2679 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P. 0. Box 1768 Newport Beach, CA 92658 -8915 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all the work required to complete this Contract No. 2679 in accor- dance with the Plans and Special Provisions, and will take in full payment therefor the following unit price for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS LumD Sum PRICE PRICE 1. Lump Sum Furnish and install 10,000 gallon gasoline tank at City Hall including removal and disposal of existing tank. @ Fifty Two Thousand One Hundred Dollars and Ninety Five and No /100----- - - - - -- -Cents $ 52,195.00 $ 52,195.00 Per Lump Sum 2. Lump Sum Furnish and install 10,000 gallon diesel oil tank at Corporation Yard including removal and disposal of existing tank. @ Fifty Two Thousand One Hundred Dollars and Ninety Five and No/100 ----------- Cents $ 52,195.00 $ 52,195.00 Per. Lump Sum Lump Sum Furnish and install 550 gallon waste oil tank at Corporation Yard including removal and disposal of existing tank. @ Seven Thousand Five Hundred Dollars and and No /100----------------- - - - - -- -Cents $ 7,500.00 $ 7,500.00 Per Lump Sum PR 1.2 ITEM QUANTITY ITEM DESCRIPTION 7 UNIT TOTAL NO. AND.UNIT UNIT PRICE WRITTEN 'IN WORDS Lump Sum PRICE PRICE 4. Lump Sum Furnish and install tank inventory system on two 10,000 gallon gasoline tanks at Corporation Yard including monitoring console. @ Fourteen Thousand Two Hundred Dollars and Eighty-Five and No/100 ----------- Cents $ $ 14,285.00 Per Lump Sum 5. Lump Sum Furnish and install 6,000 gallon diesel tank at Fire Department includ- ing monitoring console, connections to two emergency generators and removal and disposal of existing tanks. @_ Fifty Fight Thousand Five Hundred Dollars and - - - - -- Cents Per Lump um 6. Lump Sum Furnish and install 20,000 gallon gasoline tank at Police Department including removal and disposal of two existing tanks. @ Eighty Four Thousand Eight Dollars and Hundred Twenty -Five and No /1U0 - -- Cents $ $ 84.825.00 Per Lump Sum 7. Lump Sum Furnish and install 550 gallon waste oil tank at Police Department including removal and disposal of existing tank. @ Fifteen Thousand One Hundred Dollars and Fighty Five and No /100---- ------- Cents $ $ 15.185.00 Per Lump Sum 8. 100 Cubic Yards Remove and dispose of contaminated soil. @ Two Hundred - thirty five Dollars an and No/100 ----------------------- Cents $ 235.00 $ 23,500.00 Per Cubic Yard _ __ • PR 1.3 TOTAL PRICE WRITTEN IN WORDS Three Hundred -Eight Thousand Two Hundred - Thirty Eight and Dollars and No/ 100 --------- ---=---------------------- - Cents $ 308,238.00 July 14, 1988 Date (2131 690 -8265 Bidder's Telephone Number Atlas Environmental Service, Inc. _ Bidder 605 S. Palm, #H #514704 A ✓ La Habra, CA 9 Contractor's License No. and Bidder's Address Classification INSTRUCTIONS TO BIDDERS The following contract documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: 1. PROPOSAL 2. INSTRUCTIONS TO BIDDERS 3. DESIGNATION OF SUBCONTRACTORS) 4. BIDDER'S BOND (sum not less than 10% of total bid price) 5. NON- COLLUSION AFFIDAVIT. 6. TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the Bidder's Bond. The title of the project and the words SEALED BID shall be clearly marked on the outside of the envelope containing the bid. The City of Newport Beach will not permit a substitute format for the contract documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 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. 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 respon- sible for bidder errors and omissions in the PROPOSAL. Contract documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For part- nerships, 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 responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. 514704 A Contr's Lic. N�assification _duly 14. 1988 Date Atlas Environmental Service Inc. r Bt r s /Donald Hol enbeck. Press ent Authorized Signature/Title Page 2 • 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. Subcontract Work Subcontractor Address I• Plumbing Orange Plumbing 625 W. Katella, Orange 2 3 4. Backhoe Accurate Backhoe San Bernardino 5. 6. 7. 8. 9. 10. 11. 12. 9 ,i .i —Authorized Slgn ure Tlt e . ....................... BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, Page 4 That we, Atlas Environmental Services., Inc. as bidder, and Explorer Insurance Company as Surety, are held and firmly bound unto the City of Newport.Beach, California, in the sum of Ten Percent of Amount Bid Dollars ($ 10% of Amount ), 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 Fuel Storage Tank Replacement c -2679 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 to said City 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 contract documents for execution to the above bounden bidder by and from said City, 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 individual, 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 14th day of July . 19 88. (Attach acknowledgement of Attorney -in -Fact) s /Ted E. Adamson Notary Public. Commission Expires: 8/5/88 Atlas Environmental Service, Inc. Bicl s Donalenbeck, President uthorized.Signature /Title Explorer Insurance Company Surety By s /Thomas Francis McNamara Title Attorney -in -Fact • Page 5 NON - COLLUSION AFFIDAVIT The bidder, by its officers and agents,or representatives present at the time of filing this bid, being duly sworn on their oaths'. say that neither they nor any of them have, in any, way, directly or indirectly, entered into any arrange- ment or agreement with any other bidder, or with any public officer of such CITY OF NEWPOkT 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. Atlas Environmental Service, Inc. Bidder s�Allen Weaver, Vice President Authorized Signature /Title Subscribed and sworn to before me this 11th day of July , 1988. - My commission expires: August 5, 1488 /ed E. Adamson Notary Public • • J.3( 3 Page 6 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 See List IMINFMOMMM77"M i W//� . -. N 0 T I'C E The following are 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 8 & 9) FAITHFUL PERFORMANCE BOND (pages 10 & 11) CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 12, 13, 14) CONTRACT (pages 15 & 16) The City of Newport Beach will not permit a substitute format for these contract documents. Bidders are advised to review their content with bonding, insuring and legal.agents prior to submission of bid. BONDING COMPANIES shall be acceptable as sureties in accordance with the-latest revision of Federal Register Circular 570. INSURANCE COMPANIES shall be (1) licensed to conduct business in California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VIII (or larger) in accordance with the latest edition of Best's Key Rating_Guide• Property- Casualty. Coverages shall be provide for a1TE3NSURAN�Ked 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 S ecifications.for Public Works Construction (latest edition adopted or use in.t a City of Newport each , except as supplemented or modified by the Special Provisions for this project. • Pane 7 N 0 T I'C E The following are 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 8 & 9) FAITHFUL PERFORMANCE BOND (pages 10 & 11) CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 12, 13, 14) CONTRACT (pages 15 & 16) The City of Newport Beach will not permit a substitute format for these contract documents. Bidders are advised to review their content with bonding, insuring and legal.agents prior to submission of bid. BONDING COMPANIES shall be acceptable as sureties in accordance with the-latest revision of Federal Register Circular 570. INSURANCE COMPANIES shall be (1) licensed to conduct business in California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VIII (or larger) in accordance with the latest edition of Best's Key Rating_Guide• Property- Casualty. Coverages shall be provide for a1TE3NSURAN�Ked 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 S ecifications.for Public Works Construction (latest edition adopted or use in.t a City of Newport each , except as supplemented or modified by the Special Provisions for this project. .. ... •. ��a ^�-�' -y 4 u.yYJYJViY NIWLLtln'J!lYY4I:JLJ . • .. ..... .. ...�.. .... .-.. �.��._ ia��4.u�.�.v.. sau_.W:JUU... W. :u uuu+. wCJJ Wt Bond No: 02 69 96 Premium:. $7,165.66 Page 8 1 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That i WHEREAS, the City Council of the.City,of Newport Beach, State of, California, by i motion adopted July 25, 1988 has awarded to Atlas Environmental Service, Inc. hereinafter designated as the "Principal ", a contract for Fuel Storage Tank Replacement. Contract No. 2679 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to.execute said contract and the terms thereof require the furnishing of ,a bond with said contract, providing that if said Principal or any of his or its subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of..the work agreed to be done, or for any work or labor done thereon.of any kind, the Surety on.' this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We . ATLAS P.NVTRONMF.NTA_L SERVTCE. INC. 605 S. PALM #H. LA HABRA, CA 90631 as Principal, and EXPLORER INSURANCE COMPANY P.O. AOX 2039TUSTIN CA 92681 as Surety, are held firmly bound unto the City of Newport Beach, in the sum of THR.. HUNDRED RT HT THOUSAND TWO MDRED THIRTY EIGHT Dollars ($ 308.238.00 ). 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-ORLIGATION Is SUCH,,that if the above bounden Principal or his.subcontractors,.fail to pay for any:materials, provisions, or other supplies, 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 Unemploy- ment 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. The bond shall inure to the benefit.of any and all persons, companies, and corporations entitled to file claims under Section 3181:of the California Civil Code so as to give aright of action to them or their assigns in any suit brought upon. 0 0 Payment Bond (Continued) ....wr...�..:.._.uw.......w. w:..w-- miw= Cm _eS. ............ .. Page 9. 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,.aalterations 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 2fiTw - day:of ..nn.v 1988 ATLAS ENVIRONMENTAL SERVICE INQ. (Seal) Name of Contractor Principal, Authorized gna ure and Tit e Authorized Signature and Title I// EXPLORER INSURANCE COMPANY (Seal) Names of 'Zom n +v ATTORNEY -IN -FACT THOMAS FRANCIS MCNAMARA TPRTnU ress o gent 35 714 773- 0 4 elephone No.. of gent n Y_ Y N O T z Y G ;A� b„ 3 mM 3 mcx � d X � 9 O. N m a N C O C m rt A N p� F� S co co � N rn rt CL N s 7 < C.) 0 0 .g o X• o- m 7 O m N M 0 0 cfDO3 N vl, CL ri 'g C O X 'O » � 0 CL 'm » A d f � n „ A x e w 0 m m Q a C a D ' 9 m 0 4 - A= O C z -a O T I a n O S o CL N Z rt O » o. o< < yyQ K C � � N (1 F+•j LO o. M 0 p9Z1 M � W m m wm 0 O OD eo � M O N N m < m a a D m m O T A A r_ T O m z G 10 OR THE *PLORER INSURANCE C(s,PANY HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE EXPLORER INSURANCE COMPANY, a Corporation duly authorized and existing under the laws of the State of Arizona and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: THOMAS FRANCIS MCNAMARA its true and lawful Attorney(s) -in -Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of THE EXPLORER INSURANCE COMPANY at a meeting duly called and held on the 22nd day of JULY, 1985, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys -in- Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys -in -Fact and revoke the Power of Attorney given him or her; and be it further RESOLVED: That the Attorney -in -Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney - in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, THE EXPLORER INSURANCE COMPANY has caused its official seal to be here- unto affixed and these presents to be signed by its duly authorized officers this 2ND DAY OF JUNE 1988. P \NS uRa -' SEAL n STATE OF CALIFORNIA SS. �3MI °AAadL COUNTY OF SAN DIEGO THE EXPLORER INSURANCE COMPANY n On this 2ND DAY OF JUNE 1988 before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, come ERNEST RADY, President of THE EXPLORER INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City ^` v DAP ❑^ tJi_d )j and year first above written. OFFICIAL SEAL y NORMA PORTER NOTAW PUBLIC - CALWORNIA P,l NCIPAL OFF-CE IN SAN DIEGO COUNTY My OMMI55,On EYp. hnw0 8. 19%2 STATE OF CALIFORNIA COUNTY OF SAN DIEGO . I, the undersigned, JAMES W. AUSTIN, III, Secretary of THE EXPLORER INSURANCE COMPANY, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force -and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto Corporate Seal of the Corporation, this P \NSUg4 o�� °�C��e�ynin SEAL n � �'7°NA �'� L �Nl A� subscribed my name as Secretary, and affixed the 26th day of July 19 88 . THE EXPLORER INSURANCE COMPANY BOND N0. 02 69 96 Premium: Incl. in Payment Bond Page 10 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted July 25, 1988 has awarded to Atlas Environmental Service Inc. hereinafter designated as the "Principal ", a contract for Fuel Storage Tank Replacement, Contract No. 2679 - 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, Atlas Environmental Service, Inc, 605 S. Palm #H La Habra CA 90631 as Principal, and Explorer Insurance Company P.O. Box 2039 Tustin CA 92681 as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of Three Hundred Eight Thousand Two Hundred Thirty Eight Dollars ($ 308,238.00 ), said sum being equal to 100% of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors; or assigns, shall in all things stand to•and abide by, and well and truly keep and perform the covenants, con- ditions, and agreements in the said contract and any alteration thereof made as therein provided on his or their part, to be kept and performed at the time and in the :manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the-City of Newport Beach, its officers and agents, As therein stipulated, then this obligation shall.become null and void; otherwise it shall remain in full force and virtue. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the Work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby, waive notice 0 Z • Page 11 .Faithful Performance Bond (Continued) of any such change, extension of time, alterations or. additions to the terms of the contract or to the work or to.the specifications. In the event that any principal above named executed this bond:as an.indivi dual , 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 26th day of July 19 88 Atlas Environmental Ser�ic ..I Name of - tractor Principal r� Authorized Signature and Title Explorer Insurance Company (Seal) Name of Surety P.O. Box 2039 Tustin CA 92681 dress of Surety Attorney -In -Fact Thomas Francis McNamara 285 Imperial Hw #104 Fullerton CA 92635 Address of Agent (714) 773 -4084 Telephone No.. of Agent u 0 yl i- N E 2 \ 0 } � / t § \ M9 / � } } '000 C COD L) ■§� e «■ k j\ \ }\ - }k) co } (\ \\C co �k0 �{ ■ ;�! % �/ a£f! t& /! |f.! /kE ;A 6 I ! CL / t § \ M9 / � } } '000 C COD L) ■§� e «■ k S, THE ISPLORER INSURANCE C (*PANY HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That THE EXPLORER INSURANCE COMPANY, a Corporation duly authorized and existing under the laws of the State of Arizona and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: THOMAS FRANCIS MCNAMARA its true and lawful Attorney (s) with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of THE EXPLORER INSURANCE COMPANY at a meeting duly called and held on the 22nd day of JULY, 1985, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys -in- Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys -in -Fact and revoke the Power of Attorney given him or her; and be it further RESOLVED: That the Attorney -in -Fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney - in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, THE EXPLORER INSURANCE COMPANY has caused its official seal to be here- unto affixed and these presents to be signed by its duly authorized officers this 2ND DAY OF JUNE 1988. P LNSUA4 p¢�4 °�C�Jfynl^ a SEAL c �C y 9° STATE OF CALIFORNIA 5S. �31pNpti�D COUNTY OF SAN DIEGO THE EXPLORER INSURANCE COMPANY ON W-1 l On this 2ND DAY OF JUNE 1988 before the subscriber, a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came ERNEST RADY, President of THE EXPLORER INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City ^` ^'F•a n_ .tlig dov and year first above written. •;® OFFICIAL SEAL T NORMA PORTcR .� NOTABy PUBLIC CALIFORNIA I, Pp. ACIPAL OFFICE IN SAN DIEGO CO(INT y Ny CAm,"ISS,MI E.p. January 8. 19W STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS` I, the undersigned, JAMES W. AUSTIN, III, Secretary of THE EXPLORER INSURANCE COMPANY, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, nd affixed the Corporate Seal of the Corporation, this 26th day of July 198 � P TNS UR4 o�4 °�C�'e�y °cn sEAt � THE EXPLORER INSURANCE COMPANY ' WERTIFICATE OF INSURANCE • Page 12 . CERTIFICATE HOLDER INSURANCE COMPANIES AFFORDING COVERAGES City of Newport Beach Company 3300 Newport Boulevard Letter A Newport Beach, CA 92663 Company B NAME AND ADDRESS OF INSURED Letter - Company C Atlas Environmental S rvice Inc. Letter Company D 605 S- Palm H Letter ompany E La Habra, CA 31 Letter This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time, including attached endorsement(s). 'NOTE: The Comprehensive General Liability and Automotive Liability policies are endorsed with the attached City of Newport Beach Endorsements. CANCELLATION: Should any of the above described policies be cancelled,o.r coverage reduced. before the expiration date thereof, the•Insurance Company affording coverage shall provide 30 days' advance notice to the City of Newport Beach by registered mail, attention: Public Works Department. By: Agency: Authorized Representative Date Telephone: 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: Fuel Storage Tank Replacement, Contract No..2679 . This certificate or verification of insurance is not an insurance policy ano Goes nor amend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requirement, term, or condition of any contract or other document with... respect to which this certificate or verification of insurance may be issued or.may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies, including attached endorsements. Policy LIMITS OF LIABILITY IN THOUSANDS 000 COMPANY LETTER TYPES OF INSURANCE COVERAGE REQUIRED Policy No. Exp. Date Each g. ro uc s, Completed Occurrence Operations GENERAL LIABILITY x Comprehensive Form Bodily Injury $ $ x Premises - Operations Property Damage $ $ X Explosion & Collapse Hazard x Underground Hazard x Products /Completed Operations Bodily Injury Hazard and Property x Contractual Insurance Damage Combined $ $ x Broad Form Property Damage x Independent Contractors X Personal Injury Marine Personal Injury $ Aviation AUTOMOTIVE LIABILITY ! ❑x Comprehensive Form Bodily Injury (Each Person $ Q Owned $ Bodily injury Each Occurrence �x Hired ! Pro' ert ama e ❑x Non -owned o i y n3ury and Property Damage Combined $ EXCESS LIABILITY ❑ Umbrella Form Bodily Injury ❑ Other than Umbrella Form and Property Damage Combined $ $ i WORKERS' COMPENSATION Statuto and EMPLOYER'S LIABILITY 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,o.r coverage reduced. before the expiration date thereof, the•Insurance Company affording coverage shall provide 30 days' advance notice to the City of Newport Beach by registered mail, attention: Public Works Department. By: Agency: Authorized Representative Date Telephone: 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: Fuel Storage Tank Replacement, Contract No..2679 . This certificate or verification of insurance is not an insurance policy ano Goes nor amend, extend or alter the coverage afforded by the policies listed herein. Notwith- standing any requirement, term, or condition of any contract or other document with... respect to which this certificate or verification of insurance may be issued or.may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies, including attached endorsements. CITY OF NEWPORT BEACH AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT It is agreed that: Page 13 With respect to such insurance as is afforded by the policy for Bodily Injury and Property Damage Liability, the City of Newport Beach, its officers and employees are additional insureds but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded the additional named insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of the Insurance Company's liability. 3. The limits of liability under this endorsement for the additional insureds named in paragraph 1 of this endorsement shall be the limits indicated below.for either.Multi- ple Limits or Single Limit, whichever is indicated by the letter X in the appropriate box. (X ) Multiple Limits Bodily Injury Liability Property Damage Liability ( ) Single Limit $ 300,000.00 each occurrence $ 50,000.00 each occurrence Bodily Injury Liability $ —each occurrence and Property Damage Liability Combined The limits of liability as stated in paragraph 3 of this endorsement shall not in- crease the total liability of the Insurance Company for all damages as the result of any one accident or occurrence in excess of the limits of Liability stated in the policy as applicable to Automobile Liability Insurance. 4. Should the policy be cancelled or coverage reduced before the expiration date thereof, the Insurance Company shall provide 30 days' advance notice to,the City of Newport Beach by registered mail, Attention: Public Works Department. 5. Designated Contract: Fuel, r ank R lacement Contract No. 2679 Project Tit e and Contract No. . This endorsement is effective August 2, 1988 at 12:01 A.M. and forms a part of Policy No. BA12130 Named Insured Atlas Environmental Services, Inc. Endorsement No. Name of Insurance Company Northland Insurance Co. By__40_�,p ft. Authorized Representative 8 -3 -88 jk PRODUCER THIS CERTIFICATE 4 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS ;. George M. Roberts Insurance NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. T Associates, Inc. P.O. Box 9157 COMPANIES AFFORDING COVERAGE Bakersfield, CA 93389 COMPANY LETTER A Comco Insurance Company COMPANY s LETTER INSURED COMPANY LETTER C Atlas Environmental Service Inc. 605 So. Palm Street, Ste. H La Habra, CA 90631 COMPANY LETTER COMPANY E LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. DO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMMIDDIY'O POLICY EXPIRATION DATE (MMn)D/YY) ALL LIMITS IN THOUSANDS GENERAL LIABILITY GENERAL AGGREGATE ¢. $ 1 A GENERAL LIABILITY XCOMMERCIAL PRODUCTS COMPIOPS AGGREGATE $ 1 000 CLAIMS MADE ©OCCURRENCE OWNERS 8 CONTRACTORS PROTECTIVE 100082 5 -19 -88 5 -19 -89 PERSONAL d ADVERTISING INJURY $ 1 000 EACH OCCURRENCE $ 1,000, FIRE DAMAGE (ANY ONE FIRE) $ 50 MEDICAL EXPENSE (ANY ONE PERSON) $ S AUTOMOBILE LIABILITY ANY AUTO CSL $ ALL OWNED AUTOS SCHEDULED AUTOS WDRY INJURY (PER PERSON) $ BODILY INJURY ZIENTI HIRED AUTOS NON -OWNED AUTOS $ PROPERTY DAMAGE W GARAGE LIABILITY EXCESS LIABILITY ENCH AGGREGATE OCCURRENCE $ $ OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION STATUTORY $ (EACH ACCIDENT) AND EMPLOYERS' LIABILITY $ (DISEASE POLICY LIMIT) $ (DISEASE -EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES /RESTRICTIONS /SPECIAL ITEMS Replaces Certificate issued 8 -1 -88 NOTE: The Commercial General Liability policy is endorsed with the attached City of Newport Beach Endorsement. As respects Contract No. 2679, Fuel Storage Tank Replacement SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- City Of Newport Beach PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENCERNMIIXI Public Works Department MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 3300 Newport Blvd. LEFT, BKXXM Newport Beach, CA 92663 LHI CRYDxYMNJURNMRINKARMON11=K� lWCERK AU U7=D REP�eN7ATIVE Attn: Don Simpson (E ) (A L 0 9 M 'V page 14 CITY OF NEWPORT BEACH COMPREHENSIVE GENERAL LIABILITY INSURANCE ENDORSEMENT it is agreed that: I. With respect to such insurance as is afforded by the policy for Comprehensive General Liability, the City of Newport Beach, its officers and employees are additional in- sureds but only with respect to liability arising out of operations performed by or on behalf of the named insured in connection with the contract designated•below or acts and omissions of the City of Newport Beach in connection with Its general supervision of such operations. The insurance afforded said additional insured shall apply as pprimary insurance and no other insurance maintained.by the City of Newport Beach will be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The. insurance afforded by the'policy applies separately to each insured against whom claim 1s 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 nold harmless provision con- tained in the written contract, designated below, between the named insured and.the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU "hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured named in paragraph I of this endorsement shall be the limits indicated below General Aggregate Limit $1,000,000 Products -- Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence Limit $1,000,000 Fire Damage Limit $ 50,000 Any One Fire Medical Expense Limit $ 5,000 Any One Person 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 fncresse 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. Bhould the policy be cancelled or coverage reduci!d before "the ezppira "ifon Bate thereof. the Insurance Company shall provide 30 days' advance notice to the City of Newport Beach by mail. Attention: Public Works Department 7. Designated Contract: This endorsement is effective 8 -3 -88 at 12:01 A.M. and•forms a part of Policy No. 100082 , Named Insured ATLAS ENVIRONMENTAL SERVICE INC. Endorsement No. 6 Name of Insurance Company Comco Insurance Co. By `4 M �° er � 0 STATE P.O. BOX 807, SAN FRANCISCO, CALIFORNIA 94101-0807 COMPENSATION I NBUps ANC■ FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE JULY 1, 1988 POLICYNLIMSER: 1030764 — 87 ._ CERTIFICATE EXPIRES: 9 -1 -88 r19 CITY Or NEWPORT BEACH BUILDING & SAFETY DEPARTMENT P.O. BOX 1768 NEWPORT BEACH JOB: ALL OPERATIONS CALIFORNIA 92663 L This is to certify that we have issued a valid WorkeKs' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer. We will also give you TEN days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. "� BUILDING p / �pq R NT PRESIDENT JUL 111988 CITY OF NEWPORT gEAC CALIFORNIA N r L EMPLOYER ATLAS'ENVIRONMENTAL SERVICE, INC. 605 SOUTH PALM, UNIT H LA HABRA CALIFORNIA 90631 SCIP 10262 (REV. so-M) OLD 262A ... .... .......w.✓r..�. ..r ........ ......... <w ..... .. .� �.. ..W`SlN.0 r. i':.IXYLU6iNU!+tD� fa".•i:.. u. Ur i r. Page.15 CONTRACT THIS AGREEMENT, entered into this Away of 19,00 , by and between the CITY OF NEWPORT BEACH, hereinafter "City, . c hereinafter. "Contract is made with reference to the fol owing facts: (a) City has heretofore advertised forbids for the following . described public work: Fuel: Storage Tank Replacement 2679 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: Fuel Storage Tank Replacement 2679 Title of Project Contract— o. 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 THREE HUNDRED EIGHT THOUSAND TWO HUNDRED THIRTY EIGHT DOLLARS ($30B�23H.00 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) x 0 U M Plans and Special Provisions for Fuel Storage Tank Replacement ii1cie OT vrojecc (g) This Contract. • Page 16 t No. 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 proximately caused by the sole negligence of City or its officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused this contract to ho avartifnA fha Ann nnA wanr fire+ ahnua writtan DO HOLLENBECK Authorized Signature and Title 0 CITY OF NEWPORT BEACH _ PUBLIC WORKS DEPARTMENT FUEL STORAGE TANK REPLACEMENT CONTRACT NO. 2679 SPECIAL PROVISIONS INDEX. SECTION PAGE I. SCOPE OF WORK. . . . . . . . . . . . . . . . . . . . . . . . . . 1 II. TIME OF COMPLETION . . . . . . . . . . . . . . . . . . . . . . . I III. PAYMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 IV. PERMITS AND LICENSES . . . . . . . . . . . . . . . . . . . . . . . I V. SAFETY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 VI. PROTECTION OF UTILITIES . . . . . . . . . . . . . . . . . . . . . . 2 VII. CODES AND INDUSTRY STANDARDS . . . . . . . . . . . . . . . . . . . 2 VIII. INTERFERENCE WITH OPERATIONS . . . . . . . . . . . . . . . . . . . 2 A. City Hall. . . . . . . . . . . . . . . . . . . . . . . . 2 B. Corporation Yard. . . . . . . . . . . . . . . . . . . . . . . . 2 C. Police Department . . . . . . . . . . . . . . . . . . . . . . . 3 D. Fire Department . . . . . . . . . . . . . . . . . . . . . . . . 3 IX. GROUNDWATER . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 X. CONTAMINATED SOIL . . . . . . . . . . . . . . . . . . . . . . . . . 3 XI. EQUIPMENT AND MATERIAL . . . . . . . . . . . . . . . . . . . . . . 4 A. Tanks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 B. Piping . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 C. . Fi 11 Boxes . . . . . . . . . . . . . . . . . . . . 4 D. Access Covers and.. Manholes . . . . . . . . . . . . . . . . . . 4 E. Drop Tubes . . . . . . . . . . . . . . . . . . .. . . . . . . 4 F. Float Valve /Extractor . . . . . . . . . . . . . . . . . . . . . 4 G. Vapor Vent Caps . . . . . . . . . . . . . . . . . . . . . 5 H. Pumps. . . . . . ... . . . . . . . . . . . . . ... . . . . . . 5 I.. Pump Sump. . . . . . . . . . . . . . . . . . . . . . 5 J. Tank Gauging System . . . . . . . . . . . . . . . . . . . . . . 5 K. Leak Detection System. . . . . . . . . . . . . . . . . : 5 L. Dispenser Controller System . . . . . . . . . . . . . ... . 6 XII. COST SEGREGATION . . . . . . . . . . . . . . . . . . . . . . . . . 6 I. II. III. CITY OF .NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS FUEL STORAGE TANK REPLACEMENT CONTRACT NO. 2679 SCOPE OF WORK SP 1 of 6 The work to be done under this Contract consists of removing and disposing of existing underground fuel and waste oil tanks, furnishing and installing new underground fuel and waste oil tanks, tank gauging systems and leak detector systems. The Contract requires completion of all work in accordance with these Special Provisions, the Plans (Drawing No. M- 5280 -S), the City's Standard Special Provisions and Standard Draw in s for Public Works Constr uction (9 5 Edition and the Standard Spec> >cations or Public Works Construction ( 985 Edition). Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department for five dollars ($5.00). Copies of the Standard Specifications may be purchased at Building News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, (213) 202 -7775. TIME OF COMPLETION All work included in the Contract shall be completed within one - hundred twenty (120) consecutive calendar days from the date the City Council awards the Contract. Work at each separate tank location shall be completed within 20 consecutive calendar days from the date ground is broken or access restricted at the facility. PAYMENT The unit or lump sum price bid for each item of work shown on the Proposal shall be considered as full -compensation for all labor, equip- ment, materials and all other things necessary to complete the work in place, and no additional allowance will be made therefor. . IV. PERMITS AND LICENSES The Contractor shall purchase a valid City of Newport Beach business license. The City has obtained permits for the :tank installation and closures from the Orange County Health Care Agency and Building Permits from the City. The Contractor will be required to sign the no fee permit from the City and furnish Workman's Compensation Certificates. The Contractor's work shall conform to the permit requirements. Zz4j?. fr..v . ?i) S..i y.NNq i + of ap wt,.n3 .9i? SP 2 of 6 V. SAFETY In accordance with generally accepted construction practices, the Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during perfor- mance of the work, and the Contractor shall fully comply with all State, Federal and other laws, rules, regulations and orders relating to safety, of the public and workers. VI. PROTECTION OF UTILITIES The approximate location of known utilities in the project area have been shown on the plans. Prior to excavating in the vicinity of these utili- ties, the Contractor shall notify the Utility Company and ascertain the exact location. VII. CODES AND INDUSTRY STANDARDS It is the intent of the drawings and these specifications that the completed work conform to all applicable codes. In the event that the drawings and or these specifications conflict with the codes, then the codes shall govern. The cost of changes required to conform to codes shall be included in the bid prices and no additional compensation will be allowed therefor. Any equipment or material required for a complete and operating facility, but not shown on the drawings or specified herein shall be furnished or installed in accordance with accepted industry standards. The cost of providing or installing the equipment or materials required to provide a complete operating facility shall be considered as included in the bid prices and no additional compensation will be allowed therefor. VIII. INTERFERENCE WITH OPERATIONS The Contractor shall minimize the impact of his work on adjacent City operations. The Contractor's operations shall conform to the following requirements: A. City Hall - The entire facility may be shut down, but access shall be maintained to adjacent buildings. B. Corporation Yard - One of the two gasoline tanks shall be kept in operation except during the final pressure testing. Access to the gasoline service island shall be maintained at all. times. The entrance aisle easterly of the gasoline tanks is not to.be blocked. The aisle northerly of the warehouse building is not to be blocked. The diesel facility may be closed during the tank replacement. 0 SP3of6 C. Police Department - The new gasoline tank shall be installed prior to the removal of the two existing tanks. The existing facility shall be kept in operation as long as possible. The replacement of the waste oil tank and gasoline tank shall be coordinated so one that one of the access routes to the rear of the Police Department building and garage is open at all times. D. Fire Department - The entire fueling facility may be shutdown during the removal and replacement of the tanks. The aisle between the Police Department building and the Fire building shall remain .open at all times. The replacement of the fuel lines to the two emergency generators shall be accomplished in such a way that the generators remain opera- tional by use of the self contained tanks. The cost of maintaining access and minimizing interference with existing operations shall be considered as included in the various bid items and no additional compensation will be allowed therefor. IX. GROUND WATER The ground water at the various tank locations may be contaminated and is not to be pumped from the excavations. If the standing ground water level is higher than the bottom of the tank to be installed, the tank shall be ballasted with water in accordance with the manufacturers recom- mendations. Prior to tank testing and completion of the work, all ballast water shall be removed from the tanks. The cost of ballasting the tanks shall be considered as included in the price bid for furnishing and installing the tanks and no additional compensation will be allowed therefor. X. CONTAMINATED SOIL The Engineer shall arrange for soils tests during and /or after each tank is removed to determine whether any contamination exists. The Contractor should allow 2 days for the return of the laboratory results. Until the results of the tests are available all material removed from the excava- tions shall be temporarily stored on site in a manner conforming to the standards and requirements for the handling or storing of contaminated material. The new tank shall not be placed in the excavation until it has been determined by the Engineer whether or not any of the underlying or adjacent material is contaminated and must be removed. Materials determined by the Engineer to be contaminated shall be removed by the Contractor and disposed of at an approved dump site. The quantity of the contaminated material to be:paid for shall be determined by the Engineer by either measuring the quantity in place or in the containers in which the material is placed. XI. SP 4 of 6 Any material that the Engineer determines has been contaminated by the Contractor's operations shall be excluded from the payment quantity. The cost of removing and disposing of the contaminated material, including storing, hauling, dump fees, manifests and delays awaiting laboratory results shall be considered as included in the bid price and no additional compensation will be allowed therefor. EQUIPMENT AND MATERIAL All equipment and material shall conform to the drawings, applicable codes and industry standards. A. Tanks - Underground storage tanks shall be double -wall steel or fiberglass reinforced polyester U.L. labeled for petroleum products of the sizes indicated on the drawings. The steel tanks shall have secondary containment constructed of either fiberglass reinforced plastic or high density polyethylene. The fiberglass secondary containment tanks shall be as manufactured by Trusco Tank Inc., or equal. The high density polyethylene secondary containment tanks shall be as manufactured by Total Containment or equal. The all fiberglass tanks shall be as manufactured by Xerexes Corporation or equal. Piping - Underground product piping shall be double wall. Underground vent piping shall be single wall. The single and double wall piping shall be either fiberglass reinforced plastic or high density polyethylene conforming to the codes and standards specified. Fill Boxes - Each fill box shall have a spill container with a mini- mum 4 gallon capacity and equipped with a manual drain to the tank. The cover shall be designed for traffic loads and sealed to prevent entrance of surface water. The box shall be DPW Model No. 84 -D -1010 or equal. The tight fill cap shall be DPW 634 -TT with a top seal adapter DPW 633 -TC or equal. D. Access Covers and Manholes - Covers shall be cast iron, with the indicated I.D. suitable for traffic loads. The skirt shall be steel 12" long. The covers shall be DPW Model No. 104 -AC -1586 or equal. E. Drop Tubes - Drop tubes shall be aluminum, 4 diameter cut to fit each tank. The tube shall be coaxial with a vapor seal for over fill protection and shall be DPW Model No. 61- TLS -4000 or equal. Float Valve /Extractor - The float valves be mane o e or connections to the vent recovery and provide overfill protection. shall be replaceable through the riser. shall be DPW Model No. 233 MSDL -0120 with vent or equal. for the gasoline tank shall and the Stage II vapor The float vent valves The float valve /extractor a DPW 35 VML -0120 float SP5of6 The float valves for the diesel and waste oil tanks shall be DPW Model.No. 133 SDL -0120 with a DPW 53 VML -0120 float vent or equal. G. Vapor Vent Caps - Vapor vent caps shall be aluminum DPW Model No. 23 -0033 or equal. H. Pumps - Submersible turbine type pumps, with the horsepower as shown on the drawings, shall be furnished and installed in the new tanks at the City Hall, Fire Department, Police Department and the Corporation Yard diesel tank. The pumps shall be red jacket or equal complete with check valve, air eliminator expansion relief valve, syphon noizle and venturi, syphon check valve and all other functional elements required for a complete installation. I. Pump Sump - The pump sumps shall be 22" in diameter, fiberglass or high density polyethylene painted carbon steel covers with UL listed gaskets and cadmium plated bolts, nuts and washers as manufactured by Xerxes Corporation or equal. The sumps shall be "air- tight" with gasketed lids. All piping penetrations shall be sealed to provide a "water- tight" container. The manhole cover over the sump shall be a traffic type, C.N.I. Model 224 RB or equal. J. Tank Gauging System - The tank gauging system shall be an ultrasonic type consisting of a probe for each tank, receiving consoles and an electrical connection in a conduit between each of the tank probes and the console. The system shall contain an alarm notification for low product level, high product level and water and probe failures. The system shall be capable of performing the EPA required 0.2 gallons per hour leak test. Precise measurements shall be continually available for: Product height (tank level) Product temperature Gross gallonage Net gallonage Delivery verification (gross & net volume readings) Water Level The bid price shall include start -up and calibration by a factory representative. The tank gauging system shall be a Tidel GTM as manufactured by Tide] Systems, Level -Tru as manufactured by EASI or equal. K. Leak Detection System - A leak detection system shall be installed in the locations shown on the drawings and shall consist of probes and a master control together with the connecting conduit and wiring. Three master controls shall be provided and installed. The master control shall monitor all probes at the location. XII. . .. .. .r, ., ... Q ..,v: ,o r, ,.... ... ... • SP6of 6 Probes shall be th.e.liquid type approved for Class 1, Division 1, Group '0 locations. Each probe shall include a push -to -test button and three LEDS for indicating the status; red for hydrocarbons, yellow for water and green for air. Probes shall be installed-in the annular space of all new double -wall tanks and the double -wall piping sumps. The master control shall sound an alarm if a probe detects the presence of hydrocarbons. The alarm shall be 75dB at 2 feet. The control shall have status LEOS indicating wet, dry and hydrocarbon and shall operate on standard 120 volt 60 Hz. The enclosure shall be a NEMA 4. The system shall be Pollulert as manufactured by Mallory Components Group or equal. Tank probes shall be Model FD 221 T and sump probes shall be Model FO 241R. The master control shall be Model FD 102. Dispensers Dispensers shall be single hose with register and totalizer complete with emergency shut -off valve in the base of the pedestal, hoses and nozzles. The dispensers shall be compatible with the remote submersible pumps and shall be equipped with pullers to transmit signals to a future dispenser controller. The dispensers shall be Bennett Fleetmaster Model 3782 or equal. The nozzles shall be automatic and have an unleaded spout for the gasoline dispensers and leaded sprouts for the diesel applications. The hoses and nozzles shall be coaxial for the gasoline dispensers. COST SEGREGATION The City expects to be reimbursed by the State for a portion of the cost of this Contract. At the completion of the project, the Contractor will be required to provide a certified cost breakdown of the bid for each facility. Some of the items to be included in the cost breakdown are the following: 1. 2. 3. 4. 5. 6. Material cost for Estimated material Installation cost wall Material cost .for Estimated material Installation cost wall double wall tank cost for comparable single wall tanks differential between double wall and single double wall product piping cost for single wall product piping differential between double wall and single 7. Removal and disposal cost of existing tanks 8. Material and installation costs of monitoring equipment, conduit and probes The cost of providing the breakdown shall be considered as included in the various bid items and no additional compensation will be allowed therefor. CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT FUEL STORAGE TANK REPLACEMENT CONTRACT NO. 2679 ADDENDUM NO. 1 NOTICE TO BIDDERS: • Bidders shall propose to complete. Contract No. 2679 in .accordance with the Plans, Proposal, Contract Documents and Special Provisions as modified by this ADDENDUM NO. 1. Special Provisions 1. Add the following to Section IX: The ground water may be pumped from the excavations provided the Contractor obtains a permit from the California Regional Water Quality Control Board. The cost of obtaining a permit shall be considered as included in the various bid items and no additional compensation will be allowed therefor. In lieu of anchoring the tanks as shown on the drawings, the Contractor may elect to use a reinforced surface slab to offset buoyancy factors. The minimum tank cover shall not be less than 24 ". The Contractor shall be responsible for designing the reinforced surface slab. The alternate design, including buoyancy calculations, shall be approved by the Engineer. The cost of an alternate anchoring method shall be considered as included in the various bid items and no additional compensation will be allowed therefor. Donald C. Simpson Project Engineer I have carefully examined ADDENDUM NO. 1 and hereby consent to its being made a part of our porposal. July 14, 1988 Atlas Environmental Service, Inc. Date B—i —dcTe r s Name (213) 690 -8265 s /Donald Hollenbeck Telephone Number Authorized Signature Bidder's Address 605 S. Palm Street "H" La Habra. CA 90631 ADDENDUM NO. 1 August 8, 1988 TO: (1) CITY ATTORNEY (2) MAYOR (3) CITY CLERK FROM: Public Works Department SUBJECT: FUEL STORAGE TANK REPLACEMENT CONTRACT NO. 2697 1. 4 copies of Contract ACTION REQUESTED: 1. Attorney a. Approve as to form and sign. b. Forward to the Mayor. 2. Mayor a. Signature requested. b. Forward to the City Clerk. 3. City Clerk a. Attest b. Return to the Public Works Department to the Shauna Oyler. Shauna Oyler Public Works Department Attachments 0 • TO: CITY COUNCIL FROM: Public Works Department SUBJECT: FUEL STORAGE TANK REPLACEMENT CONTRACT NO. 2679 RECOMMENDATIONS: July 25, 1988 CITY COUNCIL AGENDA ITEM NO. F-3(b) BY THE CITY COUNCIL CITY OF NEWPORT BEACH JUL 2 5 1988 APPROVED Award a contract for the Fuel Storage Tank Replacement (C -2679) to Atlas Environmental Service Inc. in the amount of $308,238, and authorize the Mayor and the City Clerk to execute the contract: DISCUSSION: On July 14, 1988, the City Clerk opened and read the following seven bids for the Contract: Bidders Amount of Bid Low Atlas Environmental Service Inc. $308,238 (1) 2 Kober Construction, Inc. 312,000 3 Petroleum Contractors Inc. 348,477 (2) 4 G.E. Jepson 329,894 5 Hekimian & Associates 351,116 6 Liquid Construction 393,960 (3) 7 Mel Smith Electric 432,464 (1) Reflects addition of $45 to correct total to prices written in words. (2) Reflects correction of item price written in words and incorrect total price. (3) Reflects correction of Item No. 8. Shows $24,500 in words. Should have been $245.00 •This bid is a revision of bids that were opened on May 26, 1988, and rejected because the total exceed the amount budgeted. The revision deleted the automatic pump controller dispensing system and permitted tanks of alternate materials. Subject: Fuel Storage Tank Replacement (C -2679) July 25, 1988 Page 2 • 11 The low bid is $1800 less than the Engineers Estimate of $310,000. $351,345 has been included in the budget for this project. The low bid includes $23,500 for removal and disposal of contaminated soil. The actual amount could exceed the estimated quantity of 100 cubic yards, thus increasing the total cost. In addition, soil borings indicate that the ground water may be contaminated at two of the sites. If this is confirmed during construction, a clean -up program will be required. Provisions for ground water clean -up have not been included in this Contract. If the ground water is contaminated, the new tanks will still be installed and then the City will be required by the State Water Quality Control Board to develop and implement a clean -up program. The cost of a clean -up program could be substantial. • Benjamin B. Nolan Public Works Director DCScsc Authorized to Publish Advertisements of all k0ricluding public notices by Decree of the Superior Court of Orange County, California, Number A -6214, dated 29 September. 1961, and A- 24831, dated 11 June. 1963. STATE OF CALIFORNIA County of Orange . P.W "I. Ao..." cp: o .., m r pore ..m ro p.c. ca,ww .wm I am a Citizen of the United States and a resident of the County aforesaid; Imam over the age of eighteen years, and not a party to or interested in the below entitled. matter. 1 am a principal clerk of the Orange Coast DAILY PILOT, with which is combined the NEWS - PRESS, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange. State of California, and that a Notice of Inviting Bids of which copy attached hereto is a true and complete copy, was printed and published in the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said newspaper for two (2) consecutive weeks to wit the issue(s) of June 16, 23 , 198_ 198— 198_ 198— 198_ I declare, under penalty of perjury, that the foregoing is true and correct. Executed on T„np '21 198 A at Costa Mesa; California Sign re PROOF J F PUBLICATION 1] IN • • i TO: CITY COUNCIL FROM: Public Works Department SUBJECT: FUEL STORAGE TANK REPLACEMENT CONTRACT. NO. 2679 RECOMMENDATIONS: 1. Reject all bids. 2. Approve the revised plans and specifications. f June 13, 1988 CITY COUNCIL AGENDA ITEM N0. F -18 BY THE CITY COUNCIL CITY OF NEWPORT BEACH JUN 13 1886 APPROVED 3. Authorize the City Clerk to 4 :-- k;a, * ti °a 11.nn h .. , DISCUSSION: On May 26, 1988, the City Clerk opened and read the following six bids for the Contract: The bid price with the deduct excludes the automatic pump controller dispensing system. The low bid, without the dispensing system, is 18% over the Engineer's estimate of $300,000. The current budget includes $261,000 for the project. Item No. 9 in the bid was for a card or keyboard operated dispenser controller system that would be tied into the existing H.P. 3000 Computer at the City Hall. The system would record all deliveries by vehicle number and speedometer reading and would be coded to prevent unauthorized dispensing of fuel. Prior to obtaining bids it was estimated that the system would cost $50,000. However, the low bidders unit cost for the system is $86,886. The bid contained a provision to deduct this item but provided for underground conduits to facilitate future installation of the system. The low bidders deduct was $62,680. The cost of the underground conduit was therefore $24,206 ($86,886- $62,680). This amount for the conduit is excessive. oda) Bidder Amount of Bid Total With Deduct 1. Kober Construction $418,786 (1) $356,106 (1) 2. Petroleum Contractors, Inc. 424,677 360,477 3. Hallmark Petroleum 462,425 (2) 381,646 (2) 4. Helsimian & Associates, Inc. 467,130 396,469 5. Progressive Systems Design Inc. 594,892 506,898 6. Sancon Engineering, Inc. 599,050 595,050 (1) Reflects correction of $500 for higher unit price written in words. (2) Includes additional $26,139 for bonds. The bid price with the deduct excludes the automatic pump controller dispensing system. The low bid, without the dispensing system, is 18% over the Engineer's estimate of $300,000. The current budget includes $261,000 for the project. Item No. 9 in the bid was for a card or keyboard operated dispenser controller system that would be tied into the existing H.P. 3000 Computer at the City Hall. The system would record all deliveries by vehicle number and speedometer reading and would be coded to prevent unauthorized dispensing of fuel. Prior to obtaining bids it was estimated that the system would cost $50,000. However, the low bidders unit cost for the system is $86,886. The bid contained a provision to deduct this item but provided for underground conduits to facilitate future installation of the system. The low bidders deduct was $62,680. The cost of the underground conduit was therefore $24,206 ($86,886- $62,680). This amount for the conduit is excessive. oda) Subject: Fuel Storage Tank Replacement Contract No. 2679 Page 2 • The specifications allowed only double wall fiberglass tanks. Double wall steel tanks with fiberglass reinforced coatings were not permitted. We have made additional inquiries and it now appears that the cost differential between the all fiberglass and steel tanks is $20,000. In our opinion both types of tanks have advantages and disadvantages, but that either type of tank will be satisfactory for the intended use. The cost of the dispenser controller system seems to be excessive compared to the probable benefits. In any event, the system could be added if desired in the future. Since the low bid is substantially in excess of the Engineer's estimate and the funds available, it is recommended that all bids be rejected. It is also recommended that new bids be obtained for a revised project that deletes the dispenser control system and allows either fiberglass or steel tanks. • Benjamin B. Nolan Public Works Director BBN:ds r All( • TO: CITY COUNCIL FROM: Public Works Department SUBJECT: FUEL STORAGE TANK REPLACEMENT (C -2679) RECOMMENDATION: 1. Approve NOTICE OF EXEMPTION 2. Approve Plans and Specifications 0 April 25, 1988 CITY COUNCIL AGENDA ITEM NO. F -13 BY THE CITY COUNCIL CITY OF NEWPORT BEACH APR 2 5 1988 APPROVED 3. Authorize City Clerk to >>.nn a ee w6luk"q 1^0. DISCUSSION: The State enacted legislation mandating the replacement of existing • single wall underground fuel tanks with double wall tanks or the installation of various monitoring systems on the single wall tanks. City installations mandated for replacement and /or monitoring are the following: 1. City Hall - 10,000 gallon gasoline tank 2. Corporation Yard a. 2 - 12,000 gallon gasoline tanks b. 1 - 10,000 gallon diesel tank c. 1 - 500 gallon waste oil tank 3. Police Department (Santa Barbara) a. 1 - 10,000 gallon gasoline tank b. 1 - 12,000 gallon gasoline tank c. 1 - 550 gallon waste oil 4. Fire Department (Santa Barbara) a. 2 - 1,000 gallon diesel . b. 1 - 500 gallon waste oil An assessment was made of the various tanks which included: 1. Present and future use 2. Type of tank material 3. Age of installation 4. Estimated cost of replacement 5. Estimated cost of monitoring in place 3Y) April 25, 1988 Project: Fuel Storage Tank Replacement (C -2679) Page 2 • Based on the overall assessment the Staff, under the direction of Fire Chief Reed, recommended the following: 1. City Hall - Replace the existing steel gasoline tank with a 10,000 gallon double -wall fiber glass tank. 2. Corporation Yard - Install a tank inventory monitoring system on the 2 existing single -wall fiber glass gasoline tanks. Replace the steel diesel tank with a 10,000 gallon double -wall fiber glass tank. Replace the steel waste oil tank with a double -wail fiber glass tank. 3. Police Department - Replace the 10,000 gallon and 12,000 gallon steel gasoline tanks with a single 20,000 gallon double -wall fiber glass tank. Replace the steel waste oil tank with a double -wall fiber glass tank. 4. Fire Department - Remove the 2 steel diesel tanks and steel waste oil tank. Install a single 6,000 gallon double -wall fiber glass diesel tank. Do not replace the waste oil tank. • The plans and specifications include the above recommendations. In addition an ultrasonic tank gauging system will be installed on all gasoline and diesel tanks. This system will automatically record all deliveries and will have an alarm system to signal tank levels requiring ordering of fuel. The console for the gauging system will also act as an alarm system for fuel leak detectors that are required to be installed in the annular space of the double -wall tanks. The Contract also provides for the replacement of all single wall piping with double -wall piping where tanks are replaced. Obsolete dispensers will also be replaced. Some City Departments have indicated a need for a dispenser controller system in order to provide better inventory control, security and accounting. A system that can be activated with magnetic cards or a keyboard has been included in the bid proposal. The master controller would be the existing HP 3000 Computer at the City Hall. In the event of a power outage or computer failure each site would have a stand alone controller so that fuel dispensing would not be interrupted. The estimated cost of the system is $50,000. The bid proposal has been structured to delete this system if funds are not available. It is anticipated that either the soil or ground water may be con- is taminated at some of the sites. An item has been included in the bid proposal for removal and disposal of any contaminated soil. During removal and replace- ment of the tanks the ground water will be tested at each site. Whether or not ground water contamination is found the tank will be replaced and a ground water • • • April 25, 1988 Project: Fuel Storage Tank Replacement (C -2679) Page 3 cleanup program developed and implemented. The cost of the ground water cleanup will not be included in the bid, but it could be a substantial amount. The State law mandates the cleanup of a site whether or not the tanks are replaced. The estimated cost of the tank replacement, including the dispenser controller system, is $350,000. $262,500 has been included in the present budget. Since this is a State mandated program the costs differential between double and single wall tanks and piping, the cost of monitoring and the removal costs of tanks that are not replaced are reimbursable from the State. It is estimated that the reimbursable portion of the total cost will be $90,000. Benjamin B. Public Works BBN:ds J X4 Nolan Director - Authorized to Publish Advertlsementa of all IS including public notices by Decree of the Superior Court of Orange County, California, Number A -6211, dated 29 September. 1961, and A- 24831, dated 11 June. 1963. STATE OF CALIFORNIA County of Orange Pv01K "I,u AGV ." 10w W DY IMf �MNfMYII n W n 1 Pc M11 Mr11n 10 PM%. cd w th 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 below entitled matter. I am a principal clerk of the Orange Coast DAILY PILOT, with which is combined the NEWS - PRESS, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange. State of California, and that a Notice of Inviting Bids of which copy attached hereto is a true and complete copy, was printed and published in the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said newspaper for one consecutive weeks to wit the issue(s) of April 29 , 198 198_ 198_ 198_ 198_ I declare, under penalty of perjury, that the foregoing is true and correct. Executed on April 29 198 a at Costa Mesa, California. Signature 0 PROOF OF PUSUCATION