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HomeMy WebLinkAboutC-2778 - Central LibraryA \ RELEASE OF STOP NOTICE R Er, r- `t` MAR 25 1-97 My CLE¢y. CITY F;F 'P N:En'70rti i•uz" T0: City of Newmort Beach, - Public Works (Construction lender, public body, or parry with whom Stop Notice was filed) - =' 3300 Newport Blvd.. Newport Beach, CA 92659 (Address) You are hereby notified that the undersigned claimant releases that certain Stop Notice dated DpCa nhp, 1 '1 1 1 991A , in the amount of $ 41, 740.20 against The City of Newport Beach - Public Works Department as owner or public body and Koll Construction as prime contractor in connection with the work of improvement known as The Newport Beach Central Library 1000 Avocado Avenue, Newport Beach, CA 92659 in the City of Newport Beach , County of State of California. Date February 18, 1997 Name of Claimant: Tracy & Ryder Landscape, Inc. _J irm name) m IL C3 413C3 �"I Thomas D. England, Chief Financical Officer (Authorized capacity) VERIFICATION I, the undersigned, state: I am the Chief Financial Officer ("Agent or. 'President or. 'A Partner or. 'Chimer or, etc.) the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty perjury under the laws of the State of California that the foregoing is true and correct. Executed on February 18 , 19 97 , at Rancho Santa Margarita State of California I (lgnatuI "of claimant or Authorized Agent) WOLCOTTS FORM 898 — RELEASE OF STOP NOTICE —New 4 -93 Belore you use This form, read h, fill in all blanks, and make whatever Ganges are appropriate and II�II�III��II IIII III II II II IIII ,r�1993 WOLCOTTS FORMS. INC. (pace class 3A) necessary to your parficular tonsactlon. Consutl a lawyer if you doubt the form's Mans for your purpose and use Icods makes np represenWtlon or warranty, express or implied, wan respect to Me merchant tenuity or fitness of this form for an intended use or purpose. 7 67775 39898 4 RELEASE OF STOP NOTICE T0: CITY OF NEWPORT BEACH (Construcfion lender, public body, or parry with whom SwP Notice was file 3300 Newport Beach Blvd., Newport Beacn, CA 182659 (Address) You are hereby notified that the undersigned claimant releases that certain Stop Notice dated July 7, 1994 in the amount of $ 11, 400.00 against City of Newport Beach as owner or public body and Koll Construction Company as prime contractor in connection with the work of improvement known as Newport Beach Main Library 1000Avocado Avenue Newport Beach Orange in the City of ,County of -State of California. Date February 18, 1997 Name of Claimant: J & D Finishing Co., Inc. s By E -_ M e9i, .c c c �+f � -C JS a a tib Secretary —'Trre-cAsurer (Auftrized capaeily) VERIFICATION I, the undersigned, state: lam the Secretary — Treassurer ('Agent of, "President of", "A Partner of*, 'Owner of', etc.) the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on February 18, 1997 19 at Yorba Linda, State of California WOLCOTTS FORM 090 — RELEASE OF STOP NOTICE —New 4.93 Before you am Nis term, read A fill in all blanks, and make whatever changes art approplate aM II��IIIIIIIII III III it 11I II ®1993 WOLCOTTS FORMS, INC. (price class 3A) nec ew N your Particular transaction. CoasuO a lawyer d you doubt Ne tam's fbra tar your Wrpose and use. Nbkotis makes no represemzdan a warrdmg express a implied, wet respect to Ne marchan- lawvwatNwssaodsWrml sr anlnkrAedusearpepose. 7 67775 39898 4 i 0 CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT TO: ROB MASTERS CITY OF NEWPORT BEACH DEPARTMENT OF PUBLIC WORKS 3300 Newport Boulevard Newport Beach, CA 92663 YOU ARE HEREBY NOTIFIED that upon receipt by the undersigned of a check from KOLL CONSTRUCTION in the sum of $135,000.00 (One Hundred Thirty -Five Thousand Dollars and No Cents) payable to Kennedy Plastering, Inc., and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release any stop notice or bond right the undersigned has on the job of the Newport Beach Central Library, located in the City of Newport Beach, County of Orange, State of California, and owned by the City of Newport Beach, a public entity. This release covers the final payment to the undersigned for all labor, services, equipment or material furnished on the job. Before any recipient of this document relies on it, the party should verify evidence of payment to the undersigned. Dated: al1T lw % Kennedy Plasterin Inc. Barbara Ferro, Secretary/Treasurer Verification I, the undersigned, state: I am the Secretary/Treasurer of the claimant named in the foregoing Conditional Waiver and Release Upon Final Payment; I have read said Conditional Waiver and Release Upon Final Payment and know the contents thereof, and I certify that the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 000100 California. Ferro E RELEASE OF PUBLIC WORKS STOP NOTICE RECEIVER HAY 15 1995 MY CLERK CITY OF TO: City of Newport Beach kEWPORl BEACH 3300 Newport Boulevard Newport Beach, CA 92663 The undersigned hereby withdraws and releases its public works stop notice served on the City of Newport Beach dated December 13, 1994 in the amount of $41,740.20 for labor, services, equipment or materials performed or furnished in connection with the performance or construction of the work of improvement known as the Newport Beach Central Library, Project C -2778, located at 1000 Avocado Avenue, in the City of Newport Beach, County of Orange, State of California. The undersigned also hereby releases the City of Newport Beach and its employees and agents, from any further duty to withhold money or bonds in response to the stop notice, and waives any right or action against them that might accrue thereunder. r"aY DATED: mil- 1995 TRACY & RYDER LANDSCAPE, INC., a California corporation By: Title: %.- !� �-- 1.U� il4l� C. � l.•C. i Dir G'h Asir 7 ?. 91t. C: \DMB \JBD \BL \0116077.WP PAUL R. HAMILTON HERBERT N. SAMUELS• KAREN J. LEE FREDERICK H. KRANZ WILLIAM L. STEEL PHILIP W. GREEN DEBORAH M. ROSENTHAL MARK S. ADAMS EOIN L. KREDITOR ARTHUR S. MOREAU, Ill LINDA A. SAMPSON HAIILTON & SAMALS 100 BAYVIEW CIRCLE, SUITE 6000 NEWPORT BEACH, CALIFORNIA 92660 April 27, 1995 HAND DELIVERED City of Newport Beach Public Works Department Ms. Shauna Oyler 3300 Newport Boulevard Newport Beach, CA 92663 I, A RECF{gro pn 11w5 R CM NEWPORT BEACH -z77� TELEPHONE: (714) 7214200 FACSIMILE: (714) 721.7400 LEGAL ASSISTANTS: LOUISE M. MOORE CYNTHIA). WESTHAFER JULIE A. THORNTON ECUTIVE DIRECTOR TRICIA E. YECKEL j1ENuMBER 97 -001 Re: Roscoe Steel & Culvert Co. /Release of Stop Notice Dear Ms. Oyler: Enclosed please find the original Release of Stop Notice dated July 26, 1994, in the amount of $70,958.50 releasing the City of Newport Beach and Koll Construction in connection with the work of improvement known as Central Library. Please file the Release, conform the enclosed copy and return to this office in the envelope provided. Should you have any questions, please do not hesitate to contact me. Thank you for your anticipated courtesy and cooperation in this matter. LAS: dab Encl. cc: Mr. Victor Laidlaw Mr Eliot K. Hansen William Roscoe, Esq. Paul R. Hamilton, Esq. Mark S. Adams, Esq. Ms. Louise Moore LSILTRICity.AZ7 Sincerely, _ —_ inda A. Sampson C.1 Zzl. . ny .. .'; uif Nof 0 04/20/95 10:02 WILLIAM P. ROSCOE, III, EGO. IN? 014 7� RELE_ S� E OF .°STOP NCTICB $ o^ rn ir, �r To: CITY or NEWPORT exAcn You are hereby notified that the undersigned 010mfnt releases that certain stop Notice dated July 26, 1994 in the amount of S 70,958.50 against CITY Or NEWPORT BEACH as pwner or public body and KOLL CONSTRUCTION an prime oentrACtar in connection witz the worX improvement known as CENTRAL LIDWY in the City of NEWPORT BEACH, County of orange, state of california. Dated. /4r� / Z :PLo Y, the undersigned, state that I.am the President of t#s 0164mantt named in the foregoing Release of Stop Notice, I hems rabd Laid; Release of stop Notice and know the contents thersot, and .1 certify that the same is true of my own personal kn*4#dgb. r declare under penalty of perjury under the laws of the state 94 California that the foregoing is t9l and correct tid tj*t this verification was executed on April 1998^ at.�i ings Montana. 181697006.r2L EXHIBIT "A" c° -z77,? Conditional Waiver and Rele Upon Final Payment s FE6n,?iRR CALIFORNIA CIVIL CODE SECTION 3262 (d)(3) Nfl �ppRleBFAtK Upon receipt by the undersigned of a check from 0j ' lJ'uzy7 7i F {Maker of heck) in the sum of $ payable to when the check has been (Payee or Payees of Check) a properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release any mechanic's lien, stop notice, or bond right the undersigned has on the job of This release covers the final payment to the undersigned for all labor, services, equipment or material furnished on the job, except for disputed claims for additional work in the amount of $ �y Before any recipient of this document relies on it, the party should verify evidence of payment to the undersigned. Dated: AQ u• // //� dr (Compaoy Name) or -)x 7?7Jat ")01 JIQ� »j41 jgj ii J!a�4;•.p JIG -1-q,?, tY JBi;lsJLt�'y %e uawlt3LnoY ) t.] s6 -1z =� r:� : I' iLl /11.1. 11,1112 001. J (I irte) NOTE: CI V IL CODE. 3262(d)(3) PROVIDES: Where the claimant is required to execute a waiver and release in exchange for, or in order to induce the payment of, a final payment and the claimant is not, in fact, paid in exchange for the waiver and release or a single payee check or joint payee check is given in exchange for the waiver and release, the waiver and release shall follow substantially the form set forth above. RICA FORM 6 -8 (2 -87) C -?77,� Release of Stop Notice arc`�� To: CITY OF NEWPORT BEACH ja�wc� You are hereby notified that the undersigned claimant releases that certain Stop Notice dated August 26, 1994, in the amount of $11,967.97 against CITY OF NEWPORT BEACH as owner or public body and KOLL CONSTRUCTION as prime contractor in connection with the work of improvement known as CENTRAL LIBIURY in the City of NEV/POPT BEACH, County of ORANI E. State of �aa f Call ,.,rma. Dated: t, I o9 4— FLOORING CONCEPTS n M DAN HENRY Title: President VERIFICATION I, the undersigned, state that I am the President of the claimant named in the foregoing Release of Stop Notice. I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I declare under penally of perjury under the laws of the State of California that the foregoing is true and correct, and that this Verification was executed on December 2, INC at Huntington Beach, California. Data /- i - claw o Cow ❑ MMW ❑ Bidp o GmSwDk ❑ PB b Ask Pla Poaw lio! i 'fPW.ok • ' 0 0 woo.* - 277y STOP NOTICE RECEIVED NOTICE TO WITHHOLD TO HOLDER OF FUNDS DEC 16 1994 MEWP RT BrFACH CITY OF NEWPORT BEACH — PUBLIC WORKS DEPARTMENT (Name of owner, construction lender or public officer) 3300 NEWPORT BLVD. NEWPORT BEACH, CA. 92659 HOLDER OF FUNDS. (Address of owner or construction lender) YOU ARE HEREBY NOTIFIED THAT the undersigned claimant, 22421 GILBERTO STE . A TRACY & RYDER LANDSCAPE, INC. RANCHO SANTA MARGARITA, CA 92688 (Name and address) has furnished or has agreed to furnish LABOR, SERVICES, EOUIPMENT, AND MATERIAL (labor, services, equipment, materials) of the following kind TO FURNISH AND INSTALL LANDSCAPING AND IRRIGATION SYSTEM (general description of labor, services, equipment or materials) to or for KO L L CONSTRUCTION , for the work improvement, located at, or known as: (name of person to or for whom furnished) NEWPORT BEACH CENTRAL LIBRARY 1000 AVOCADO AVE. NEWPORT BEACH, CA. (address, legal description, description of site or project identification) The amount in value of the whole agreed to be done or furnished by claimant is $ 226 , 881 .00 The amount in value of that already done or furnished by claimant is 226,881.00 Claimant has been paid the sum of $ 18 5 , 140 . 80 , and there remains due and unpaid the sum of AS ALLOWED BY LAW DECEMBER 1, 1994 plus interest thereon at the rate of per cent per annum from YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST. DECEMBER 13, 1994 STATE OF CALIFORNIA COUNTY OF'7¢J1/_l7 Q ss. and says: That —0h is the p� to be true of hAa— own know as to those matters and things Subscribed and sworn to before me believes them to be true. 1.740.20 19 —. TRACY & RYDER LANDSCAPE, INC. Name of Claimant 22421 GILBERTO STE. A Address of Claimant RANCHO jNTA MARGARITA, CA. 92688 led Ch r w c+ -O mt7�rd'3rffi 0 C3 To b 13 0 13 being duly sworn, deposes has read the same and knows the contents thereof n be stated on h.1-�,- information and belief and this day of `✓ A—d-6m k� e , 19L/ OFFICIAL SEAL FAY M. ROBERTS i ) 16 e +s Notary FuDOC California ORANGE COUNTY otary Public and in and for said State My Commission Exp. 31YM Tbb standard form ooven mwt urnal pobl® In the Meld Wdfraw& Barom yw rims read 4 EM in all Meeks, STOP NOTICE and make obanaaa gaoler to your trannctlan. Camrdt alawycr u yoo doubt the Forma Mtora, fm your WrDaae. WOLCOTTIS FORK OY4 —REv. 2.73 (DliceclaS0) t - 2- 77�f STOP NOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS RECEir "' (Public or Private Work) NCIV j 94 (Per California Civil Code Section 3103) cml���Ry To: City of Newport Beach Project: Newport Bearh Central 1.1hrary (Name of owner. public body or construction fund holder) (Name) 3300 Newport Blvd. 1000 Avocado Street (Address. If directed to a bank or savings and loan assn.. use address of branch holding hind) (Address) Newport Beach, CA 90720 Newport Beach, CA 90720 (CIry. slate and ZIP) (City, state and Am TAKE NOTICE THAT GTS Equipment (Name of the person or firm claiming the stop notice. Licensed contractors most use Me name under which connector s license is issued) whose address is 908 Suttercreek Road, Anaheim, California 92804 (Address of person or him claiming slop notice) has performed labor and furnished materials for a work of improvement described as follows: Newport Bearh C e n t r a l Library (Name and location of the project where work or matenals were lumished) The labor and materials furnished by claimant are of the following general kind: Ma t e r i a l and R q,l i n m e n t and Labor (Kind of labor, services. equipment. or matbdus furnished or agreed to be lumished by clarmanQ The labor and materials were furnished to or for the following party: Koll Construction Company (Name at the parry who ordered me work or materials) Total value of the whole amount of labor and materials agreed to be furnished is: ................................. $ 10-500-00 The value of the labor and materials furnished to date is: .......................... Claimant has been paid the sum ol : ............................... and there is due, owing and unpaid the sum of: ................. 10,500.00 am 10,500.00 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. Date —9x FIRP COPIESSWT(k El Mayor 0 Counl2w By: 0 Mang C. Bld wt VERIFICATION U. Con VvDk 12 P3 i RQit the undersigned, say: lam the Owner of GTS Equipment F('President o'.'A partner of'.'Owner of','Agent at'. etc.) aimant named in the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own ledge. W' I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. �j �Exectedon October 14, 19 94, at Anaheim, California. (Dale INS document was signed) (Name of city where stop notice siggem if ersonal Signature of the individual who is swearing that me contents of stop added are We) REQUEST FOR NOTICE OF ELECTION (Private Works Only) (Per California Civil Code Section 3159, 3161, or 3162) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161, or 3162. Signed: (Claimant must enclose suit addressed stamped envelope) See reverse side for additional information. WOLCO11S FORM 894 —STOP NDTICE —Rev, 4.91 true Class 3) Before you use Ibis IMM read it 6u in all blanks, and make whaMOr Cbanpes are aypm➢dam and necessary id your "MCUlm 01991 WOLCOTTS. INC. transaction, Canaan a lawyer d yeu doubt me loin's fitness for your purpose and use. Walco s makes no mptmentemon or warranty. express or implied. with respect to the memharrom try or honest, 01 this form (Or an intended use or purpose. ADDITIONAL INFORMATION (1) On a public job, file a stop notice with the controller, auditor, or other public disbursing officer whose duty it is to make payments under the prime contract, or with commissioners, managers, trustees, officers, board of supervisors, board of trustees. Civil Code § §3179 -3214. (2) On a private job, file a stop notice with responsible officer or person at office or branch of construction lender administrating funds or with owner. Civil Code § §3156 -3175. (3) A stop notice is good only following the filing of a preliminary notice 20 days after the claimant first furnishes work or materials to the job site. Rules on preliminary notice for public and private work vary, so consult an attorney if you are uncertain that you have complied with the notice requirements. (4) A bond for one and one quarter times the amount of the stop notice claim must accompany a stop notice served on a construction lender on private jobs —a bond is not required on public jobs or on a stop notice served on an owner for private jobs. 11 STOP NOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS (Public or Private Work) (Per California Civil Code Section 3103) To: City of Newport Beach, Public Works Dept (Name of owner, public body or construction fund holder) 3300 Newport Blvd. (Address. It directed to a bank or savings and ban asso., use address of branch holding fund) Newport Beach, CA 92659 -1768 (City, state and zip) Project: Central Library Project (Name) 1000 Avocado Ave (Address) Newport Beach, CA (City, state and zip) OCZ _24 TAKE NOTICE THAT Pangborn Plumbing Corporation (Na" of thaperson or turn claiming the stop notice. li srl[.o Mmotors mua„eethe nwe,mder whinh naMrai+ee {se"',, _ueT whose address is 5723 So. Broadway, Los Angeles, CA 90037 -4197 (Address of person or firm claiming stop notice) has performed labor and furnished materials for a work of improvement described as follows: Central Library Project 1000 Avocado Ave, Newport Beach, CA (Name and location of the project where work or materials were furnished) The labor and materials furnished by claimant are of the following general kind: Plumbing Installation (Kind of labor, services, equipment, or materials furnished or agreed to be furnished by claimant) The labor and materials were furnished to or for the following party: Koll Construction fName of the parry who onlered the work or materials) Total value of the whole amount of labor and materials agreed to be furnished is: ................. $ 40,892.00 The value of the labor and materials furnished to date is: .................................... s 40,892.00 Claimant has been paid the sum of: .................................................... $ -0- and there is due, owing and unpaid the sum of: ................................... ....... $ 40,892.00 You are required to set aside si provided by law. You are also notified It yourh�t , N Eyar= >�h"U= �i:i OcC b �C16ien�G+ C U001Of]OCi cient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as claimant claims an equitable lien against any construction funds for this project which are in ' FIRM NAME: Pangborn Plumbing (Name of stop notice claimant) (Owner or agent of stoppe%) claimant moat sign here and verdy below) VERIFICATION 1, the undersigned, say: I am the General Manager of rPesident a, 'A partner of, 'Omer of, 'Agent of, etc.) the claimant named in the foregoing Stop Notice; I Have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on ✓ c /O /.��/L / --� , 19 at Los Angeles , California. (Dale this document was signed) (Name of city where stop notice signed) Form Provided and CRM - Preliminary Notice Service ieN 'tithe ual whr airy contents o s notice am Im 5500 E. Santa Ana ( Anaheim, CA 92807 Rd. Sle,ol 14) 998-1673 • 0 CRMPRELIMINARY NOTICE SERVICE Prelims • Mechanic's Liens • Stop Notices • Construction Notices City of Newport Beach, Public works Dept. 3300 Newport Blvd. Newprot Beach, CA 92659 -1768 IRE�s�94 MAC 2Q ax Please find enclosed a Slop Notice pertaining to the referenced project Central Library Newport Beach under contact with Koll Construction completed June 18, 1994 at Central Library Project As of this date, no payment has been received. Therefore,Pangborn Plumbing _. is forced to file a Stop Notice with your agency. We are also requesting a copy of the Letter of Completion informing us as to the expiration of the period for filing Stop Notices so that we will be aware of our right under the California Civil Codes as to the date required to execute a suit against the Stop Notice. As required, we have enclosed our check for $200, the fee for such a request. Respectfully, Aeent for Pangborn Plumbing (Lti;Exp Rey 1993) 5500 E. Santa Ana Canyon Road • Suite 261 • Anaheim, California 92807 • 1- 800- PRELIMS • Fax 714- 998 -2248 0 • CRM Dba 32$2 CALIFORNIA RECEIVABLES MANAGEMENT (714) 998 -1673 5500 E. SANTA ANA CYN. RD., SUITE 261 1621/1220 ANAHEIM HILLS, CA 92807 October 19, 19 94 70 THE - - ORDER OF City of Newport Beach ($' -_ 2.00 Two only and no /100 Fj Find .f C�ft.l p1+knk a e M5 S.. M. C.'.. R., •.kn.k.. c� s¢sasss FORLetter of Expiration Stop Notice 9410603 Pangborn Plbg P 0 0 3 28 2Ii' 1: i 2 2000 2 181: 3 198 99 L"' T 0 Stop Notice 0 I NOTICE TO — CITY OF NEWPORT BEACH — PUBLIC WORKS DEPT. (Narrre of Puhlic Body or Lender) 1100 NEWPORT BLVD., NEWPORT BEACH,CA 92659 (Address) C_z771 (If public Job — file with office of controller, auditor, or other public disbursing officer whose duty it is to make payments under provisions of thecontract.) (If Private Job — File with responsible officer or person at office or branch of construction lender adminis)eriilg construction funds.) _ Prime Con Sub Contractor (If Any Owner or Public Body: Improvement known as CENTRAL LIBRARY (Narrre and address of project or work of irrrprorerrrent) 1000 AVOCADO in the City of NRWPOPT BEACH ,Countyof ORANGE Stale of California. FC)CINTATM 17AT.T.F.V TRANSTT MIX claimant,a CORPORATION (claimmnt) (Corporation/Partnership /Sale proprietorship) furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment or materials is (Nmne nf. Snhcnruractnr(Contrnctor(Onmer- Builder) RAY RUSSFIL/ PFREORMANCE CONSTRUCTION INC The kind of labor, service, equipment or materials furnished or agreed to be furnished by claimant was 14IX CONCRETE (describe in detail) Total value of labor, service, equipment or materials agreed to he furnished .............S 210880.53 Total value of labor, service, equipment or materials actually furnished is ...............5 21,880.53 Credit for materials returned, if any ................ ..............................S —n— Amount paid on account, if any .................... ..............................S Amount due after deducting all just credits and offsets . ..............................S 21 , A g n - 53 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of S 21, 859.,10provided in Sections 3156 through 3214 of the Civil Code, and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A bond IS NOT attached. (Bond required on private jobs— not on public jobs.) (is /is notl Date 9 -15 -94 FOUNTAIN VALLEY TRANSIT MIX 134 W. REDONDO BEACH BLVD. Name ofClair9a GARDE A AL.90248 C rm Name) 4 1+ ►� By e� =� J Y T1 CIO CREDIT ADMIN. �$ U.� 'T ss�', o M�= ( Official Capacity) iz 1 v:'42*,i rzaa VERIFICATION eoc�:�ia.�,rlcla� f� 1, the undersigned, state:Iamthe AGENT Of AS CREDIT REPRESENTATIVE ( "agent of', "president of', "a partner of', "owner of'. etc.) the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and 1 certify that the same is true of my own knowledge. 1 certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on - SFPT 1 19-1-1 C C ORNIA California. • , ignnt a Claimant or Authorized Agent) N 1. L IF INFORMATION IS INCORRECT CONTACT SENDER IMMEOIAtELY 1��QnQ CALIFORNIA PRELIMINARY NOTICE IND! 1001:33? 'WACCORDANCE WRH SECTION 3097, 3098, AND 3111 OF THE CALIFORNIA CIVIL CODE (ea amended by Aaaambly Bm 4092, effective January 1, 1977, and January 1, 1978) 18IYS2I A UEN OR A REFLECTION ON TILE 1NTEOntTY Ot' ANY CONTRACTOR OR SUBCONTRACTOR. CONSTRUCTION LENDER or Reputed Construction Lender, It any 7 .j 11�LA..w4. Mw����J. «v hee kmiehed «wM kenhh leber, eenAan, eeulpeenl orn,ttaleh of IM NAM - top general deeerlpden: Raitiv Mr v«rl Cnnn — FOLD HERE n - Q, «— U « ford,e buedinp, eevrnee oreAeivrork of knprnwnWd kleNed ef: (� ��,/_LQtl117J_Llj fIIl- C1]LL�WOflDT FDf,� Yip ��I)�i1 ..CEutacL LtBp.�rs� 'j TMnemeelAepueenakmwMeEntr ttalfahepurlM4MNkhleber, OWNER or PUBLIC Agency or Reputed Owner (on pubk work) (on p*m@ work) CITY OF NEWPORT BEACH 3300 NEWPORT BLUR. P& /c NEWPORT BEACH. CA 92659 FAQ olv) 6 w- 7vs> . 5///4 *yA — FOLD HERE fVQo xdl s §ALE TEAMS ARE NEt to PnOX JOINT CHECK REOUESTECI ORMINAL CONTRACTOR or Reputed Confrador, h any I- MULL CONST. 3020 OLD RANCW PKWY N2260 f3EAL.AEACW, CA 9074 _.. 7 do 8 A. eenlon, eeulpnMnl er mendel b: -t�BRF M+� MPIP An eeemle of ire leld br% of M NMM, "rim. ogtoo"dr ftl4flele fa• w"dp b be kedO*dA: rr«..,maTr..anw>- rladee M Mnl>f d+e� et a eeted.e.ekrtkinhe efbNmiM b eel ineeN�ld 1, 40hneMeInueneeprenButt kind ofkwokedo "&"Nei b 8111. Tbeee "de we eeed u nom: NOtICE Tb bIl(�ERt111�WNt`_g4�' nunsmatom OWN MW "Mo.. edaleal+alaIIIMIIIIaifIWW and . 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RY n a O I I Y a b m b o I I H OI m b J w N m Yr I k Y > ■ Y Y• 70 T m a b ob J of O O N krro H m m m o N w n rtTm w m b Y O Y m 7 O 0 k < P •• Y O N W U U I 1 I Y Y m m G s N �• ♦m ro Alll mbmm • a A J J N Y r O C tl R N b b W 0 T Y s o o m w 0 I MY �Q Y r T mY Pn •••• laa nY NY I n a o o N e p •• I •• a N mm O 0 O o b 1 n o m T O A 0 a .+ I rt Po k m Kn N v c o s w m 0 Y M O K z m r m < m P Y n G 0 n n rt n 0 O 1 a O m M M M O o< a m o v m RY nT o n o • • u. m Y n N T1 O N Y 0 m n aT n o m b • c n a n m s G T N N H To m o c K Oro m n H m b n m o a 7 Y o w N k n \ n C O m n p Y 0 H m rtk o m n H G M e b i r m R n 0 G O Y O n Y q Y K a ■ o o m P O Y W m Y G w o b 0 7 n O O N T O n T H o o m p Y it Y 0 k n 0 Y m z m o a O R m q '< n M T 1-1 0 O n < O Y• n m Y r m O m 7! T m Y m � Y < m O 1 Y' n n m m N rt m IYT w m l o q I mb I \m I W I N Y AA i ik . A &A Ready Mixed Concrete, Inc 134 W. Redondo Beadi Blvd., Gardena, CA 90248 ..010 - 515.0933 FA)D I -538 -3147 ------------------------------------------------------------------------------- • rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrFAX TRANS61I77ALrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr 16 the documents we t4an6mit axe. not Cegibte oh att pages aA.e not received, please contact us. 16 you do not kespond, we assume ouh tnansmittak was sati66actoa.ity received. Thank you. Stop Notice NOTICE TO CITY OF NEWPORT BEACH P' 0 (Name of Puhlie Bady or Lender) 3300,NEWPORT BLVD NEWPORT BEACH CA 92659 (Addrrt.0 �— DEPT. (Ir Public job —file with Office of controller, auditor, or other, public disbursing officer whose duty it is to make payments under provisions of the contract.) (If Private job— rile with responsible officer a person at office or branch of construction tender administering the construction funds.) ``'' Prime COntractorrnT.r- r`ONSTRrT(`TTON ^rr;'X0. Sub Contractor (I f Any) OwneoPublicBody: Wyy O cm `°BE p RT 0l Improvement known as rFNTRAT,. I TBRARY ( Nomeondaddressofprojertor work ofimpromytent) . 100n AVOCADO y in thecity of _ i+=QRT BEACH . County of ORANGE State of California. F043ntrrzATbl x7AT LFV TRANSTT MTX claimant, a CORPORATION (cfainrantJ (Corporation /Partnership /Sole Proprietorship) furnished certain labor, service, equipment or materials used in the above described work of improvement_ The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment or materials is (Name njSubrnrt(roetnr /Contractor /Owner- BtrilderJ RAY .RUSGFSS,/ 'PEREORMAN F. CONSTRIICTION INC. The kind of labor, service, equipment or materials rurnished or agreed to be furnished by claimant was f4IX CUNCRETE (de+crihr in detail) Total value of labor, service, equipment or materials agreed to be furnished .............S 21 F880,53 Total valucoflabor, service, cquipmcrrtormatetla ls actually furnishedis ...............5 21,880.53 Credit for materials returned, if any ................. .......:'....,................5 -n- Amount paid on account, if any ............................ ......................5 -U- Amount due after deducting alljust credits and offsets . ..............................5 21,RRII 53 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of S 21 , A 2 Q, 5s3provided in Sections 3156 through 3214 of the Civil Code, and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. Abond IS NOT attached, (Bond required onpmatejobs— not anpubliejobs.) (tt/isnat) Date 9-15 -9.4 FOUNTAIN VALLEY TRANSIT MIX i 134 W. REDONDO BEACH BLVD. NameofClai GARD A •90248 � rrntNameJ Y dCIO CREDIT'ADMIN. E T+ y C •.rc. P a c E , r n b` (Official Capacity) v •.: fo r ='a r~ a a VERIFICATION e"a tiC3>= i�'4JLi1 -10ci �9 1, the undersigned, state: I am the AGENT OF AS CREDIT REPRESENTATIVE ("agent of'.''prerldent of', •"a pan nerof . "ownerof , eta) the claimant named in the foregoing Stop Notice; f have read said claim of Stop Notice and know the contents thereof, and t certify that the some is true of my own knowledge. I certify (or declare) under pens Ity of perjury un der the laws of the State of California that the foregoing is true and correct. Executed on - .SFPT 75 California. 19-.24 . a fiD C FURNI rXn t a Cfaimm orAuthorrted.(gmr) STOP NOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTION (Public or Private Work) (Per California Civil Code Section 3103) To: City of Newport Beach (Name of owner, public body or construction fund holder) 3300 Newport Blvd. (Address. If directed to a bank or savings and loan assn.. use address of branch holding fund) Newport Beach. CA.. 92659 (City state and zip) C - z -77Y Project: Newport Beach Central Libarary (Name) 1000 Avacado (Address) Nelgport Beach. CA., (City star. and npl TAKE NOTICE THAT Skaggs Concrete Cutting. Inc_ (Name of the person or him claiming the slo0 notice- Licensed contractors must use the name under which contractor's license is issued) whose address is 333 W. Brenna T.ane. Orange. CA:. 92667 (Address of person or firm claiming stop notice) has performed labor and furnished materials for a work of improvement described as follows: F1 ar Sap Break and Hnul Away Concrete (Name and location of the protect where work or materials were furnished) The labor and materials furnished by claimant are of the following general kind: Flat Saw, Break and Haul Away Concrete. services. equipment, or materials furnished or agreed to The labor and materials were furnished to or for the following parry: Randy and _:Gilbert. with' Performance Construction (Name of the party who ordered the work or materials) Total value of the whole amount of labor and materials agreed to be furnished is: ................................. $ 6,673.00 The value of the labor and materials furnished to date is: ....................................................................... $ 6,673.00 Claimant has been paid the sum of :................................. ............................... and there is due, owing and unpaid the sum of: .............. $ 6,673.00 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. L C CL �_• 1, FIRM NAME: Skaggs Concrete Cutting, Inc. (Name of stop notice claimant) By: VERIFICATION Vice President I, the undersigned, say: lam the Vices President of Skaggs Concrete Cutting, Inc. ('President of'.'A partner of'. 'Owner of 'Agent of. etc.) the claimant named in the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof, the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on A,, 8,, 1t 19 944, at City of Orange , California. (Nate this document was signed) (Name of city twhere ,stop no/tjice�signeedd) S , l7i iS!_.G �GS/� Vice Pr es (PersonalssigZn lure of the individual 'A i s eanng that the contents of stop nonce are REQUEST FOR NOTICE OF ELECTION (Private Works Only) (Per California Civil Code Section 3159, 3161, or 3162) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161, or 3162. Signed: (Claimant must enclose sell addressed stamped envelope) See reverse side for additional information. WOLCOTTS FORM 894 —STOP NOTICE —Rev. 4.91 (price class 3) Be fore you use this form, mad it, fill in all bla and make whatever changes are appriprate and necessary to your parecutar ro1991 WO COTTS, tNC. transaction. Consult a lawyer n you doubt the form s fitness for your purpose and use Vend s makes rm representation or warranty. express or implied, with respect to the merchantability or fitness of this form for an intended use or purpose. ADDITIONAL INFORMATION (1) On a public job, file a stop notice with the controller, auditor, or other public disbursing officer whose duty it is to make payments under the prime contract, or with commissioners, managers, trustees, officers, board of supervisors, board of trustees. Civil Code 443179 -3214. (2) On a private job, file a stop notice with responsible officer or person at office or branch of construction lender administrating funds or with owner. Civil Code 443156 -3175. (3) A stop notice is good only following the filing of a preliminary notice 20 days after the claimant first furnishes work or materials to the job site. Rules on preliminary notice for public and private work vary, so consult an attorney if you are uncertain that you have complied with the notice requirements. (4) A bond for one and one quarter times the amount of the stop notice claim must accompany a stop notice served on a construction lender on private jobs —a bond is not required on public jobs or on a stop notice served on an owner for private jobs. C - z 77f Stop Notice CALIFORNIA CIVIL CODE SECTION 3103 NOTICE TO The City of Newport Beach Attn: Don Simpson/ Vicky Gallagher (Name of Construction Lender, Public Body or Owner) 3300 Newport Blvd. Newport Beach, CA 92659 -1763 (Address) (If Private Job — file with responsible officer or person at office or branch of construction lender administering the construction funds or with the owner — CIVIL CODE SECTIONS 3156 - 3175) (If Public Job — file with office of controller, auditor, or other public disbursing officer whose duty it�i� #i ke payments under provisions of the contract — CIVIL CODE SECTIONS 3179 - 3214) Prime Contractor: KO Sub Contractor (If Any) Owner or Public Body: - Improvement known as - rr. I� in the City of Newport Beach County of Orange State of California. Flooring Concepts Claimant, a Corporation (Claimant) (Corporation /Partnership /Sale Proprietorship) furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment, or materials is Koll Construction (Name of Subcontractor /Contractor /Owner - Builder) 3020 Old Ranch Parkway, Suite 250 Seal Beach, CA 90740 -2751 The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was Labor and Materials to install: Carpet, VCT, and Base Total value of labor, service, equipment, or materials agreed to be furnished......... $ 117 52 ezt52 67* Total value of labor, service, equipment, or materials actually furnished is............ $ 175,000.00* Credit for materials returned, if any ............................... ............................... $ Not Applicable Amount paid on account, if any .................................... ............................... $ 105,284.70 Amount due after deducting all just credits and offsets ...... ............................... $ 11,967.97* YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of $ 11,967.97 and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A bond (CIVIL CODE SECTION 3083) is not (is /is not) attached. (Bond required with Stop Notice served on constructions lender on private jobs — bond not required on public jobs or on St��Votige_ , served on owner on private jobs). rao`Pp1111 Date. August 26, 1994 Name of Claimant Flooring Concepts , lhs *Claimant has performed additional work and has been damaged due to delay and impacts and is pursuin such claims separate from this By stop notice. VERIFIC I, the undersigned, state: I am the Ptttorne - .in -r,act %'Agent of; "President of; 'A Partner of; "Owner of; e1c.Al'011111F 0. the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the content S� thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on State of California st 26 , 19 REQUEST FOR NOTICE OF ELECTION (Private Works Only) Costa Mesa , If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope to the address of the claimant shown above. This information must be provided by you under Civil Code Sections 3159, 3161 or 3162. Signed: (Claimant must enclose self addressed stamped envelope) totes. r' Au rl • may', h. {S. *A1 ti SOUTHERN CALIFORNIA LABORER'S COLLECTION OFFICE - COST ACCOUNT 4399 SANTA ANITA AVE., STE. 200 EL MONTE, CA 91731 RE: LAW OFFICES OF ALBERT J. GALISKY STATE BAR NO. 039628 December 21,19 93 PAY 11990 16- 49/1220 TOTNE CITY OF NEWPORT BEACH I $2.00 ORDER OF TWO DOLLARS AND NO/ 100--------------- ------------ --- ---- ---- -- - -- - -- -DOLLARS Union Bank L Aogcks Downtown Regional Office 900 South Main Stnwt Los Aogeks, G 91)15-1'!30 FOR 93 -056 SNI Req 4 Notice fee iQOV II ■01199011' e:122000496i:10084e1t75641I' STOP NOTICE NOTICE TO WITHHOLDER OF FUNDS TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92658 -8915 ATTENTION: HOLDER OF FUNDS G- z 77,�' 3 DEC 23 1993 cm 1 ary FRx \4.`, MEWroera�gr„ The undersigned, Laborers' Health and Welfare Fund for Trust for Southern California; Construction Laborers' Vacation Trust for Southern California; Construction Laborers' Pension Trust for Southern California; Laborers' Training and Re- training Trust for Southern California; and Fund for Construction Industry Advancement; (SOUTHERN CALIFORNIA LABORERS' TRUST FUNDS), whose address is 4399 Santa Anita Avenue, Suite 200, E1 Monte, California 91731, has furnished fringe benefit coverage on behalf of laborer employees, pursuant to a written collective bargaining agreement between the Southern California District Council of Laborers and its affiliated local unions and PERFORMANCE CONSTRUCTION, a subcontractor of KOLL CONSTRUCTION, for the work of improvement located at, or known as: Newport Beach Central Library 1000 Avocado Avenue Newport Beach, California 92660 The amount in value of the whole agreed to be done or furnished and the value of that already done or furnished by claimants is $14,646.83. Claimant has not been paid any sum, and there remains due and unpaid the sum of $14,646.83, plus the legal rate of interest thereon from October 31, 1993. YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST. DATED: Dece er 21, 1993 By: Certified Mail #P 139 706 37 SOUTHERN CALIFORNIA LABORERS' TRUST FUND STOP NOTICE PAGE 2 STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES 0 I, MARY SULPRIZIO, being duly sworn, depose and say: I am Field Manager for the Delinquency Office of the Southern California Laborers' Trust Funds. I have signed and read the foregoing Stop Notice and know the contents thereof; the same is true of my own knowledge, except as to any matters or things that may therein be stated on information and belief and as to those matters and things believe them to be true. Subscribed and sworn to before me on December 21, 1993. MICM K. — C(AfI (Nei COMM. # 988662 Notary PubNc — CoOtomfa MICHI K. HIGA H LOS ANGELESCOUNIY Notary Public in�and for said State M -c- . - - APR 13.1997 0 Certified Mail #P 139 706 378 (93 -056 SNl) , 1 pGG 2319M ,. . REQUEST FOR NOTICE PURSUANT TO CIVIL CODE SECTION 3185 DEC 23 1999 CITY Ci.eRH .�� NEW0 •i TO: CITY OF NEWPORT BEACH ORi 2-qC F 3300 Newport Boulevard Newport Beach, California 92658 -8915 Attention: HOLDER OF FUNDS Pursuant to Civil Code Section 3185, you are requested to furnish the undersigned Stop Notice claimants with notice as set forth in Civil Code Section 3185, that is: "No later than 10 days after the filing of a notice of completion or after the cessation of labor has been deemed a completion of the public work or after the acceptance of completion, whichever is later, the public entity shall give notice of the expiration of such period to each stop notice claimant by personal service, or registered or certified mail." Attached is a check in the amount of $2.00 as required by the above cited Statute. Notice should be sent to: SOUTHERN CALIFORNIA LABORERS' TRUST FUNDS c/o Marsha M. Hamasaki, Esq. Attorney, Legal Department Attorneys at Law 4399 Santa Anita Avenue, Suite 200 E1 Monte, California 91731 DATED: December 21, 1993 Certified Mail #P 139 706 378 93 -056 SN1 HAMASAKI ( #102720) ATTORNEY FOR THE SOUTHERN CALIFORNIA LABORERS' TRUST FUNDS RL.CEi: \t f'..il/ DEC 2 3 PM" RECORDING REWESTED BY AND WHEN RECORDED MAIL TO `'DDRI�gues . -' ($heat addreeel . .. �. 90Qi0 (CM. state saw zio) BNI FORM Ill RIM WIC 11111] C31 �i u 0 0 O 'I " Sim IB1" t . SPA%A4OYE THIS LINE FOR RECORDER'S . 1,,;M. r if MECHANIC'S LIEN ... (Name of parson or firm claiming mechanic c s lien. Cwdrepws use name exactly as it appears Calms a mechanic's hen upon the following described real property: �_ .. ftwmC Bawft RECEIVED AN 5 im City of . County of , California, 1080 Sxvc*b KV43ML seer311 Ok. (General'dascnptipn of property where the work or matenals were furnished. A sheet address is sufficient, but it possible, use both street address and lagal desariptpni The srmr of S T0w00 together with interest thereon at the rate of 8� (Amourd of claim due and uWaid) (See note on reverse) percent per annum from 6/10/ ,19;, is due claimant (after deducting all.just credits and offsets) for the following work and (Gate wtmn balance became duel material furnished by claimant: Poll ammum (lnsm general descripoon of the work or materials furmshed) LBbW i Bad Claimant furnished the work and materials at the request of, or under contract, with, (Name of person w film who ordered or contracted for the work w materials) The owners and reputed owners of the property are: IN My GE Wnp=t Somich (btsert name of owner of real propady. This can be obtained from the County Powrder or by checking the bwkkd '9ermil application at the aruldnp Gapammtt) SEE REVERSE SIDE FOR Firn COMPLETE INSTRUCTION By: VERIFICATION I, the undersigned, say: I am the ND, the claimant of the foregoing (•Res' f: 'Manages of; -A paimr of: 'Owrtw of: etc.) mechanic's lien; I have read said claim of mechanic's lien and know the contents thereof; the same is_ true of my own knowledge. 1 declare under penalty of perjury, urxler the laws of the State of California that the foragolng.is.true.10ornect.. Executed on >ummi! 7 . 19 -_, at California. IV81e m stgrfetuml I e ' (Pereortal ailmsr, of Ma ir,d�dml who is tareadtg Nat this contfi of ft ddtn of medmrica Z ere hue) . A=,. 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Iuajjno a1A ajeyM 'Alunoo sela6uy sol jot sl pa6je4O sae! ;o eldwexe uy japiooed A4unoo Oil) Wjoeluoo Aq paulepaose aq pinOgs eel sitU 'paleOOl si q01 ayl aiayM Aiunoo 041 ul pepioow aq Isnw tall s,owetiaew at11 NOIIVWUOdNI VNIaHO03U 'AelijoUe 1noA eas 'ainpaoold of se uo4eanb Aue aney nOA 11 papuewe Alluenbeil sl Mel uell s?lue4aaw ayi papiooej sam tall ayl jape sAep o6 ul4M palg st 11ns ainsopajoi a ssalun sejidxe uag spiueyaaw y 'papioOai seM uollsldwoo 10 aagou aql jailL sAep o9 u!yllM papjooaj eq Isnw tall s.Oluegoaw 841 OSLO 14314M ul 'jaweo ayi y1!m AIIOenp pelaelluoO oqm ']olaejluoa Allepads jo joloejluoa leiau96 a si luewlep aql ssalun jayeeiagl sAep of ulyllM papioozi aq Isnw uag s otueyoaw ay! 'papjoow st uopaidwoo 10 aagou a 11 uollaldwoa to aagou a splooei jauMo ayl ssalun eloyM a se ItewaAwdwl to 1poM a41 to uogald 4wo sill jaile sdep 06 u1ypM papjooei eq isnw usy s,atuegoew y SN311 S.OINVH03W 11108V NOIIVWNOdN1 1 15 ftcl f 2 9 e }I 0 N T n 3 z 0 0 x M F V_ rn O 0 c 'aldwexe jo,i anoge aag'ainleub!s a4I pue'paubis aia4M Alla egl'alLp ayl uieluoo Isnw uogeogualt ayi'PlIeA aq of 'janaMOH 'pazuelou aq of aney IOU saop u 'etuJolgeo 10 ale1S ayl Ul paufrs ON l! 1l'AAnpad 10 Alleued japun uogejeloap a sl Bad :UOj4" ;uaA AS AS aweN WA aweN WUj (GL1eN UMO) d1HSM013Md0Nd 3-10S dIHSN3N1UVd AS Ag aweN lejl-A "- -" aweN wjtj (aweN snoppald) dIHStl0131Hd0kld 3l0S NOI1VH0dH00 :eldwexe joi Moiaq sag 'u6is pinoys aaAoidwo buideuew a jo ssaulsnq 171p to jaurno sill 'awes snop!1O!1 a japun ssautsnq 6ulop lot jo jeylayM 'tllysjolaudwtl alos a sl wig ayi 11 'ubls pinoys aeloldwa bui6euew io jauljed e 'ditlwauped a si luewlep aql If 'u6is p1no4s aa6oldwe 6utbeuew io miµo ue 'uollejodjoo a 61 904ON doig a4l !o luewlelo sill 11 :e81jee61$ M10:1 SUU MAMMA ONV ONiNVIS uw SNOIlontl1SN1 'tolwAltuag loi lueowns 911sgo! 041 W uolldlj 6Bp V 'stellate. to wa.dln(fa e0wes 10W1 yore 10 esett0tr.0 rot POlA000 o4A'k u0slad out to ewes a41 'sle!ta11 10 Sue. Anbe'e0wes'logEq yore 6u!4sutr4 uosjad tl n io ssatppe.Pus sets. a U f1wobewf alp w ugµppe u1 40. a42 aopd 1e202 p atewpso ue LOU!", pa4suxq eq 11945 e4'lopuel U0110wtsum a sl ala411t PUB palisiwnt eq of to �peysnjtr4 slapslew jo;uautdlnbe'a trios jogu, e41 w uo',1d4osap le:euo6 V Aeso g out uleluao hells Pus 'evew aw g smuelew to luew 4nbe'eauves 'loget Payewtrq lug BUM luewmto e4l 194e sAep Ui ue4t jalel Sou uew6 eq nos (q) we (e) suoMA!PgM u! 02 palletsi acs ou Aleulwllald 941 (o) 'uglaes slut Aq paguos9ld se aopou Ajegwg -e10 UOU—. e'Aw N'tapuet uopPrlllSURa Peindat a41 of b'Aue 4%'lapual uol.cwuls -wo SIR 04 LWA eq 01 Wow'Pp441W 04 aglou a 10 Pue 'tail 541 to w!ep AUe p AWRU alp g egs nts leld Alessaeol a se Isnw 'elW s41 japun usAlb eq asm1a41u UEP pp4tpla of e0gau a 4o14m lot to 0114 still lapun pawlep aq uro asmbulo sell e ltPP1ll. lot Muslim to µputtlatbe'egves'1g1Et 01WIll OW We 19umo 0141 41w IDEA -" !'leap a aA84 OVA a40518d Its 't 1 le UOIPl . POgPas8P PUN l9m aseldxe Us N '996eM 101 togs lenpe 6uwjjopad aUO 10 'jolaaaUGO 941 1de0r3 (q) 'pegtoseld sa OOgou Ateuuuq. wd ueuum e'Aue p'tapual ugp.isuoa patndal etµ g to 'Aue p'tapUg u01p'xSwsuw a44 01 pus "Mmuce wotoot a41 b'tcM,ww leul6uo OW %'tauMo Papdej to jeuMO eW of uen16 eq of asne0'p1o441!m o, ao!m a to PUB uay wrap Aue 10 AµgleA a4l to ellsnitweid Alessooau a se 'ISnw'aµp s411apun ua ag s%IAUOVW UBU PIO44W101 0000u a 40!4m tot Well!) stilt 28PUn pawielO aq ueo 9atA~ uay s 40NM rof tapalE. t0 SUawdmba 'a0;,tas 'bgei s04spur4 o4m -sad Ateto 't t tE uo.MS ut paquosep punt ism ssetdxo us 10 'sebam jol joget tagal, Butwmped But, 10 touted etµ 4pM 10Etluoa 4'tanp iof n Otto ldeox3 (s) '.seauewwroip 6UlMgIg aW lapun JOA16 eq of pojinbaj s we 'agfoN do1S a p Bugg Bull of bud We us![ s,gue40ew a to Bw,pboal 941 ol jgjd uaAl6 St le4i :IUe.lap e =14 9gt0kj UORONt a SUB9w JWM atenud) a WN Aeo -oil Ateulwiald. '16M 3003 1IA13 VINNO3(lVO 1.606 N0I1033 iVONd 61dtl3030 'jkwW wMOVOU00 pwj10 !am 10pal l jai Weox3 uWl smustim" V Ulu jod OwlnbaV-Wd V 3011ON ANV MmUd AVGV DNIQtlVO30 NOLLMHOAM 'lol gSee of algeoopL sl legl tap 941 10 lurowe ay! A!!oas pinoys ll'slol uolslnlpgns u0 jo U0lS.Alpgns jet tap 10)luelq a sl tap a 11 SLOT NOISIAIOanS NO N31113NNV18 'aal taaj ix, ayi Aq paluedwoaoe si 1! ssalun ulawnoop a plooaj lou plM japimabi Alunoo ayi loajayl uopoejl jo a6ed leuolgppe yaee jet 00' LS sold 'pp' () g s) a6ed auo 6utpiooej jof ee! Iuajjno a1A ajeyM 'Alunoo sela6uy sol jot sl pa6je4O sae! ;o eldwexe uy japiooed A4unoo Oil) Wjoeluoo Aq paulepaose aq pinOgs eel sitU 'paleOOl si q01 ayl aiayM Aiunoo 041 ul pepioow aq Isnw tall s,owetiaew at11 NOIIVWUOdNI VNIaHO03U 'AelijoUe 1noA eas 'ainpaoold of se uo4eanb Aue aney nOA 11 papuewe Alluenbeil sl Mel uell s?lue4aaw ayi papiooej sam tall ayl jape sAep o6 ul4M palg st 11ns ainsopajoi a ssalun sejidxe uag spiueyaaw y 'papioOai seM uollsldwoo 10 aagou aql jailL sAep o9 u!yllM papjooaj eq Isnw tall s.Oluegoaw 841 OSLO 14314M ul 'jaweo ayi y1!m AIIOenp pelaelluoO oqm ']olaejluoa Allepads jo joloejluoa leiau96 a si luewlep aql ssalun jayeeiagl sAep of ulyllM papioozi aq Isnw uag s otueyoaw ay! 'papjoow st uopaidwoo 10 aagou a 11 uollaldwoa to aagou a splooei jauMo ayl ssalun eloyM a se ItewaAwdwl to 1poM a41 to uogald 4wo sill jaile sdep 06 u1ypM papjooei eq isnw usy s,atuegoew y SN311 S.OINVH03W 11108V NOIIVWNOdN1 Stop Notice CALIFORNIA CIVIL CODE SECTION 3103 NOTICE TO City of Newport Beach (Name of Construction [.ender, Public Body or Owner) 3300 Nevmort Blvd- Neo,tllort Paarh_Sa_ 92F59 /Address) (If Private Job — file with responsible officer or person at office or branch of construction lender administering the construction funds or with the owner — CIVIL CODE SECTIONS 3156 - 3175) (If Public Job — file with office of controller, auditor, or other public disbursing officer whose duty it is to make payments under provisions of the contract — CIVIL CODE SECTIONS 3179 - 3214) Prime Contractor: Koll Construction RECEIVEt Sub Contractor (If Any) Performance Construction AW-0 19 Owner or Public Body: City of Newport Beach Improvement known as 1000 Avacado Newport Beach, Ca. (Name and address of project or work of improvement) in the City of NeWPOrt Beach County of Orange State of California. Taylor– Pumperete,Inc. Claimant,a Corporation (Claimant) (Corporation /Partnership /Sole Proprietorship) furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment, or materials is Performance Construction (Name of Subcontmctor /Contractor /Owner - Builder) The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was Concrete Putting Service Labor & Equipment (Describe in detail) Total value of labor, service, equipment, or materials agreed to be furnished......... $ 770.00 Total value of labor, service, equipment, or materials actually furnished is............ $ 770.00 Credit for materials returned, if any ............................... ............................... $ –0– Amount paid on account, if any .................................... ............................... $ –0– Amount due after deducting all just credits and offsets ...... ............................... $ 770.00 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of $ 770.00 and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A bond (CIVIL CODE SECTION 3083) is not attached. (Bond required with Stop (is /is not) Notice served on constructions lender on private jobs — bond not required on public jobs or on Stop Notice served on owner on private jobs) Date August 2,1994 Name of Claimant Taylor–Puttmcrete, Inc. (Firm Name) 2445 E. DOml.nquez j /Mailing Address) ` c Carson Ca. 90810 ►J 5Z�_.� By Ca o0 - � ��' ��C' Manager ofsignornre) r � Capacity) 1£ G. �g (Official R ❑ C 13 011013 C V'of) VERIFICATION I, the undersigned, state: I am the Manager of ('Agent of; 'President of'; A Partner of; "Owner of'; etc.) the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on August 2 19 g4 at Car State of California (signature OJ Cloim4MI or Authorized Agent) REQUEST FOR NOTICE OF ELECTION (Private Works Only) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope to the address of the claimant shown above. This information must be provided by you under Civil Code Sections 3159, 3161, or 16 . Signed: RECEIVED oni must enclose self addressed stamped envelope) FORM 4 (FSNOI(111M, SAM � t LIc��ITr1 STOP NOTICE - PUBLIC WORKS • I • . V (Cal. Civil Code § §3103, 3181 - 3187) TO: PUBLIC ENTITY City Council, City of Newport Beach �i� (name of public entity) 5�1 3300 Newport Beach Blvd. (;! ME s (subdivision, if applicable) Newport Beach, CA 92659 Cl Co4ncitmetl ' (street or P.O. box) ` [1 Attorney PLEASE TAKE NOTICE that the u to perform or furnished or agreed to Purr C -z779 FROM: NAME OF CLAIMANT Roscoe Steel & Culvert cc I 4k (name of claimant) 2847 Hesper Road JUI To 1994 (street or P.O. box) I Qil'0.ERR Billings, MP 59102 T (city) (state) (zip) to Civil Code Section 3181, and who performed or agree of services or equipment to (insert Cbri ctor for whom pertarmeo or turmsneo) to be used or used in the public work of i fnent consfating of: Newport Beach Central Library, 1000 Avocado Blvd., Newport Beach, CA 92659, : ,rgunnt rn (insert location and general description of public work) site map attached hereto. This public work is being performed or constructed pursuant to the ORIGINAL CONTRACT # , enter( into between you and Kol l Conctru( --I the original contractor for the work of improvemer The following labor, materials, services, or equipment have been performed or furnished between the dat of September 21, 19 92 and June 15, 19 94 : luppI ing Tid erecting steel and materials pursuant to the letter of intent dated 8/3/92 and the PLEASE COMPLETE: YES NO 1. Do you have a direct contractural relationship with the prime /original contractor? (X ) ( ) 2. Is the claim for ACTUAL LABOR for wages owing claimant? ( ) (X ) * * * ** If the answer to both qeustions is NO , please complete the following questions: 3. On what date did you first furnish labor, services, equipment, and/or materials? September 21 1992 4. Within 20 days of that date, did you serve a preliminary notice under Civil Code §3098? a.) On the prime /original contractor? (X ) ( ) b.) On the above public entity' (X ) ( ) 5. That the total value of labor, services, equipment, and /or materials furnished by claimant or agreed to be performed is: $ 907,175.50 6. That the value of labor, services, equipment and /or materials so performed or furnished as of the date of this notice is: $- 907,175.50 7. That such claim has not been paid except that there has been paid thereon the sum of: $ 836,217.00 8. That there remains unpaid which is due this claimant and is unpaid: AMOUNT OF CLAIM $ 70,958.50 9. Interest on the amount of claim from various dates 19 to date of this notice at the rate of 10% per cent per annum: $ 7,101`1_00 plt,a Therefore, the undersigned hereby requests and demands that you withhold sufficient tunas1foosTstysVi claim as required under Section 3186 of the California Civil Code pre�l�ating to stgp notices for public works. DATED: aiii�, 9(,, lag4 BYES / / /.1 m %� /* (916) 920 -1800 'wly �i ,/ ,a g WAea� f�ilt Law and (telephone number) In Fact far Roscoe 4tm1 •r rltivort- rn 9 A 478997 Montana Corporation (title) s I, WILLIAM P. ROSCOE, III , declare that: I am the person named as claimant or agent for claimant in the foregoing stop notice. I have read it and know th contents thereof. It is true and correct of my own personal knowledge and contains, among other things, a corre, statement of my demand. I declare under penalty of perjury that the foregoing is true and correct and that th declaration was executed on Jul 2 1994 , 19 at SacrarnmtO California. ((1 St,:jdSS- .l {st� e gas'" r�S eP1l� t l4�6,! gedl� 9 ` d 1s d IT! k a ' J d�'f �RRO URrMUlc 14 oor;°'r �O y� 9 =p ; e .L ! 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' �•�j +� August:31 1992 Mr. Dale Butterfield Roscoe Steel and Culvert Company , 2941.'Hesper,Road Billings, California 59102 -6755 Reference: Newport Beach:Central Library KC Subcontract #2111 -05120 Subject: Letter of intent Dear Dale: Its• is the, intent of 3Coll Construction to fully execute a , mutually agreeable subcontract agreement with Roscoe Steel and Culvert Company on the above referenced project for the structural steel based on the .scope of work outlined in the - Roscoe steel and Culvert Company bid flyer dated 5 -21 -92 with four-'revisions as we discussed. Pleas e.use this letter to proceed with placing the steel order. it I is understood that the existing subcontract agreement (curr.ently unexecuted) will be modified. RECEIVED AUG 0 7 n9 Please-call if you have any-questions. Sincerely, i KOLL 'CONSTRUCTION Thomas E. Swann Senior-project Manager TES' /,•jm .. :N1211t Ild Ram L I'.trkw.1y 1y.rl IL•.r.II. t';\ wGItI -]' .I 1.11 U1 4n L', :,•• ' I MHw• • 1'rl. •• r r. r UC:T 05 ' ?2 1' �2 ROSCOE STEEL • '...'QUOTATION ROSCOE STEEL & CULVERT' COMPANY �r Montana:Publlo,Contractors License No. 6574A. CaIifornfa Contractor. License #476997 C51 Certlfled'A.I.S.C..Category.Ili 0 U.O. T,A..T.I O N R.OSCOE•ST£$L b:•CULVERT'CO., 2847.HESPER ROAD Orr LItmc? .MT rQI All • L Rfri •NEWPORT BEACW CENTRAL LIBRARY.. HEWPORT.:BEACH,,_CA: BI -O ,DATE) KAY; 21,. 1942,: li WE WILL., BE. RIDDIHO. THE .FOLLOWING .IT.EMS; . PER OUR'.SCOPE; ' ON THE -ARAN.)✓' REFEREHCED PROJECT: $ECTIOH '05120 ?. — 'STRUCTURAL STEEL (ONLY TO'TH6- EXTENT SHOWN ON THE`DRAWIHGS'GIVING THE SIZE, SECTION, MATERIAL` GRADE. AND: THE"LOCATION - OF- ALL:MEMBERS OF THE STEEL.) 'FURNISHED' AND INSTALLED: CaLUMHSy.'.•SEAMS... AND , CONNECTIONS.. STEEL TRUSSES''(T- 1'S)(PARTIAL SHOP ASSEMBLED) 1/S5.1 ANGLE'.BRACES 7;.B/57.'l; 5,6/S7.3- ROOF DRAIN OPEHIHG::FRAMES G/S7.2 BENT'CLOSURE;PLATES (FIELD WELD) 6/57.2; 11,121-S7.2; 12157.4 - .3, 4, 6/S7. 6; 7/S7. 3; . 9%S7. 3; IO /S7. 3; 12/S7.31 14/S7.3 BENT CLOSURE PLATES (SHOP WELD) 111'12/57.2; 5/S7.6; G/S7.3; 9/S7.3 E)4TERIOR TRELLIS F.RAMIHG 13..14, 16- 18/S7.2 ROOF' OVERHANG SUPPORTS It 3, 10, 12/.57. 3 •CURTAIN:WALL SUPPORT STEEL 11/S7.31 2,3/S8.2 MAIN ENTRACHE TRUSSES (SHOP ASSEML•ED) AHD'PURLIHS 1,2/S7.5 STAFF 'ENTRANCH' CANOPY''FRAMIHG' (SHOP ASSEMBLED) 'S- 11 /S7.5✓ XEETINGa ROOM „SQFFIT'FRAMING 1- 5/S7.7; 9- 11 /S7.6 MECHAtiIEAtL'WELL SCREEN FRAMING' (HO "SCAEEH) 6- 7/S7.7 SUNSHADE, FRAME SUPP.OR7 STEEL 314/Sa. a BERT PLATE ON BEAM (SHOP WELD) a, 11. S5.1;-1 -3, a, 10,121S7 ;3 f; T9AMS: As stated above, wilh Interest accruln9 thereafter at the legal rate. Buyer agree* to waive nodes *f non. payment and of default- ffeble for attorney.* fees, )mere*( and costs arising oui or cosecoon, I Hrt.! UHutM la eArrrcd5r't 3U8J!'CT TQ THE 8DHEML : CONDfTION4)40;g QRjMj4✓THE �B tE21jF, F. ACCEPTAN�V.IeW. TO 6F11 " #MONTRACT, W ORDER THE MATERIAL INOICATEO ABOVE. r.i/u BILLINGS PLANT F�2647 HESPER ROAD BILLINGS, MONTANA TELEPHONE (408) 65 FAX (406) 666.8576 MISSOULA PLANT ❑ MOMONT INDUSTRU 6406 MOMONT FIOAr MISSOU" MONTAr TELEPHONE(40)5z FAX (406) 642.1941 ',�QUOTAT. ON ROSCOE'STEEL & CULVERT COMPANY Montana Public Contractors License No. 6574A California Contractor License #478997 C51 Certitled A.I.S:C. Category III ROSCOE STEEL QUOTE PAGE 2 F. 0. H JOBSI.TE BEHT PLATE SCREWED TO DECK EMBED LEDGER ANGLES ' SPECIFIC EXCLUSIONS: to A.71 SECTION 03200 CONCRETE REIHFORCEMEHT SECTION 05311 — METAL FLOOR DECKING SECTION 05312 - METAL ROOF DECKING SECTION 05400 - LIGHTGAGE'METAL FRAMING SECTION 05501 'MISC. METAL �- 'SECTION 05510 - METAL STAIRS SECTION 05.808-- EXPANSION JOINT ASSEMBLIES•: STEEL STAIRS AND HOSINGS STEEL. RAILING AND SLEEVES SUNSHADE FRAMES. PERFORATED PLATE ON SUNSHADE FRAMES PERFORATED.:PLATE.ON STAFF. ENTRY CANOPY MECHANICAL ..WELL SCREENS SCUPPERS BILLINGS PLANT 2647 HESPEA ROAD BILLINGS, MONTANA s9102 TELEPHONE (406) 666.2253 FAX (406) 658.8576 MISSOULA PLANT INDUSTRIAL PARK 5405 MO F-1 5405 MOMONT ROAD MISSOULA, MONTANA 59802 TELEPHONE (406) 642.0345 FAX (406) 642.1941 10 3r12/S7.3 214/s2.0 ALL ITEMS FOUND IH.ARCHITECTURALo CIVIL AND LANDSCAPE DRAWINGS (UNLESS SPECIFIED WITH IXCLUSIONS ABOVE) TERMS! As stated above, with Interest aooruing thereafter al the legal rate. Buyer agrees to waive notice of non-payment and of default and shelf be liable for attorney's fees, InterOGI, and costs arising out of collection. THIS OADER IS EXPRESSLY SUBJECT TO THE GENERAL TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE HEREOF. ACCEPTANCE: SUBJECTTO BEING AWARDED THE CONTRACT, WE HEAEBY ORDER THE, MATERIAL INDICATED ABOV4 DATE BY rr . TERMS! As stated above, with Interest aooruing thereafter al the legal rate. Buyer agrees to waive notice of non-payment and of default and shelf be liable for attorney's fees, InterOGI, and costs arising out of collection. THIS OADER IS EXPRESSLY SUBJECT TO THE GENERAL TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE HEREOF. ACCEPTANCE: SUBJECTTO BEING AWARDED THE CONTRACT, WE HEAEBY ORDER THE, MATERIAL INDICATED ABOV4 DATE BY OCT 05 'OC LT�TATYN BILLINGS PLANT. Q U1■ 1 1■ Il \ 2847 HESPER Ft0A0 SILUNGS, MONTANA 89102 ROSCO.E STEEL TELEPHONE 57 65fi4253 i•'1 O `r G'r STEEL L FAX (408) 888.8578 & CULVER "T COMPANY ­so�EDY MIB9DUlAPLANT �+ Mcgtana.Publfd Contractors Llcense,No. 6574A • MOMONT INDUSTRIAL PARK California Contractor Llcerise #478997.051 ❑ 5406 MOMONT ROAD Cerl'ltled A.1. §,C, Category III MISSOULA, MONTANA 69802 TELEPHONE (408) 542.0345 FAX (406) 542, 1941 ROSCOE. "STEEL .QUOTE PAGE 3 r STANDARD: EXCLUSIONS: MISC. :PLATES,AND SHAPES (UNLESS SPECIFICALLY ENUMERATED ABOVE) i0 GA. MATERIAL OR LIGHTER (UNLESS SPECIFICALLY ENUMERATED ABOVE.)' ALUI IHUH 'XATERIAI:'." ACCESS'..DOORS'OR PANELS' AHCkRAGEiFOR.,,QTHER TRADES BOLTS ENTERING WOOD CARPENTRY;HARDWARE' :CAST ALUMINUM LETTERS CAST IRON:' ITEMS (UNLESS SPECIFICALLY'EHUMERATED ABOVE) 'COHCRETE:REIHFORCIHG STEEL OR FIELD WELDING OF SAME COST OF BONDS'' COSTS OF ENGINEERING, 'IHSP"ECTIOH,'OR'MACHIHIHG OF SAMPLES CUTTING OR':DRILLIHG OF OUR WORK TO ACCOMM06ATE OTHER TRADES \. DEMOLI.T.IOH" OR, SHORING DECORATIVE—INTERIOR—RAILINGS ELEGTRICAEL'_- BOHDIHG'OR GROUNDING OF WELDS; EXPAHSIONJOIHT COVERS.: FIELLD., PLANNING OR...FIELD MEASURING, �FURRIH CHAHNELS ORtAHGLES. GROUT''OR GROUTING..; "'HOI$TIHG: FOR OTHER'TRADES (EXCEPT ".'DECK) HASOHRY•ANCHORAGE DEVICES ' METAL. ,SASH AHD ,HOLLOW.- METAL FRAMES .• :'META L'STUDS.AHD TRACKS AND FIELD`MELDING OF SAME HON'= FERROUS. METALS AND STAINLESS STEEL (UNLESS'SPECIFICALLY r(EHUMERATED ABOVE)' PKRTICIPATIHG IN PENALTIES OR LIQUIDATED DAMAGES APPLIED TO PURCHASER PIPE SLEEVES AHD BACK —UP PLATES FOR OTHER TRADES PRECAST £MBEDS'AND /OR LAYOUT OR PLACEMENT DRWGS, FOR THIS WORK - REINFORCING BAR OR MESH REMOVALe'D$,.,REGOCATIOH OF ELECTRIC, LINES TO, CONFORM TO OSHA SIMPSON JOIST HAHG.ERS SMOOTtt, RODS OR '.DOWELS . • SP ECIALL .,:INSURANCE STEEL SHOWN OH'MECHAHZCAL, ELECTRICAL:;' OR PLUMBING. DRAWINGS SURFACE PREPARATION ON UNPAINTED STEEL OT)fER THAN REMOVAL OF OIL /GREASE TERMS! As stated above,.with Interest accruing thereafter at the legal rate_ Buyer agrees to waive notice of nort•psyment and at default and shalt be liable for attorney fees, Interest, and coats arising out of collection. THIS ORDER IS EXPRESSLY SUBJECT TO THE GENERAL. TERMS AND CONORIONS SET FORTH ON THE REVERSE SIDE HEREOF, ACCEPTANCE: SUBJECT TO SEfNG AWARDED THE CONTRACT, WS MBREBY ORDER THE MATERIAL INDICATED ABOVE. DATE By W, BILLINGS PLANT QUOTATI :2847 HESPEA ROAD � BILLINGS, MONTANA 68102 ROSCOE STEEL 1TELEPHONE(406)658.2253 FAX (406) 658.8578 & CULVERT COMPANY "SPEEDY" iMISSOULA PLANT Montana Public Contractors License No. 6574A :MOMONT INDUSTRIAL PARK California Contractor License #478997 C51 F-1 16408 MOMONT ROAD Certified A,I.S.C. Category III 'MISSOULA, MONTANA 69802 iTELEPHONE (406) 542.0345 FAX (408) 542 -1941 ROSCOE STEEL QUOTE PAGE 4 STANDARD EXCLUSIONS CONT.: TOUCH —UP PAINT OR FIELD PAINTING UNISTRUT MATERIAL. CHAIN LINK.FEHCIHG W£4DED'STUDS'(9HEAR CONNECTORS) THROUGH DECK REINFORCIHG-BAR AND WELDING OF SAKE TO STRUCTURAL AND MISCELLANEOUS STEEL (UNLESS SPECIFICALLY NOTED ABOVE AS INCLUDED) CONDITIONS: 1.) FABRICATION, ERECTION AND CONTRACTUAL OBLIGATIONS BY BATH PARTIES WILL BE IN STRICT ACCORDANCE WITH AISC CODE OF STANDARD PRACTICE ..CURRENT EDITION (WITHOUT EXCEPTION). 2.). WE WILL FURNISH AND INSTALL STRANDS OF PERIMETER SAFETY CABLE AT EACH FLOOR AND THE ROOF IN COMPLIANCE; WITH OUR SAFETY'AGREEMEHT AS ERECTION PROGRESSES. CABLE AND ALL APPURTENANCES ARE TO BE MAINTAINED AND REMOVED BY OTHERS AND RETURNED TO ROSCOE STEEL AND CULVERT;CO.. TOE BOARDS ARE TO BE FURNISHED, IHSTALLED,j MAINTAINED AND REMOVED BY OTHERS. 3.) ANY REQUIRED OVERHEAD PROTECTIONSi COVERING OF EXPOSED:REBAR OR OPEN'TRENCHES, SCREENS FOR THE PERIMETER OF THE BUILDING, SIDEWALKS, STREETS AHD THE LIKE ARE TO BE FURNISHED, INSTALLED, MAINTAINED, AND REMOVED BY YOU. 4.) WE WILLEM RESPONSIBLE FOR THE. PLUMBNPSS OF THE- STRUCTURAL FRAME UPON COMPLETION OF ERECTION'.. WE 'CANNOT SE RESPONSIBLE 'FOR ANY MOVEMENT OF THE FRAME. RESULTING FROM OTHER TRADES' ACTIVITIES. 5.) TRAFFIC BARRICADES AHD TRAFFIC CONTROL SHALL BE SUPPLIF)D.AHD MAINTAINED BY OTHERS. 6r) GENERAL' CONTRACTOR TO PROVIDE ALL, LINES AND GRADES -iHCL;UDIHG OFF rr SET LINE TO PERMIT SUITABLE CHECKING OF THE ALIGNMENT OF THE STRUCTURE. WE ALSO REQUIRE THAT THEY SET ALL LEVELING NUTS TO GRADE AT EACH COLUMN. 7.)• WE WILL REQUIRE.ACCESS,'RAMPS IF NECESSARY, TO THE IHTERIOR OF THE'STRUCTURE AND THE EXTERIOR OF THE BUILDING CAPABLE OF SUPPORTING' A MOBILE CRANE AND DELIVERY TRUCKS DURING THE COURSE OF ERECTION. 8.) 'OUR PROPOSAL IS BASED UPON ALL WORK BEING PERFORMED IH A STANDARD WORK WEEK. WE HAVE INCLUDED NO ALLOWANCE-FOR OVERTIME PREMIUMS. 9.) ALL AREAS IN WHICH OUR ERECTIOH EQUIPMENT MUST OPERATE ARE ASSUMED TO BE SUITABLY DESIGNED TO SUPPORT THIS EQUIPMENT. IF PLANKING, MATTING, SHORING OR OTHER PROTECTION IS REQUIRED, IT IS.TO•BE TERA �Gyr£' iDgva,? iR9 (11icEaLa$i)yingi�Atl6(tiYla6)H eI M1i19t tgalA}]81w$,y n ®mipE118Soeymant end of default and shall ho liable for attorneys lean, Internet. and costs arising out of collection. THIS ORDER IS EXPRESSLY SUBJECT TO THE GENERAL TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE HEREOF. ACCEPTANCE: SUBJECTTO BEING AWARDED THE CONTRACT, WE HEREBY ORDER THE MATERIAL INDICATED ABOVE. . DATE I -- BY QU 0 �1 3 TI O 7� T BILLINGS 47 HES PLANT 11.E \! 2H47 HESPEA g0A0 �y �+ �+ BILLINGS, MONTANA 58102 TELEPHONE ROSCOE' STEEL FAX(40 )65 &8 H)65 &2253 FAX (406) 666.8576 & CULVERT COMPANY "IVf£oy" MISSOULA PLANT �.-- Montana Public Contractors License ND. 6574A MOMONT INDUSTRIAL PARK California Contractor License 9478997 C51 ❑ 5403 MOMONT ROAD Certified A.I.S.C. Category III MISSOULA, MONTANA 6Seo2 TELEPHONE (406) 542.0345 FAX (406) 542.1841 ROSCOE STEEL QUOTE PAGE 5 CONDITIONS�COHT.: 10.1 WE WILL HOIST METAL DECK TO THE PROPER LEVEL, DECK IS TO BE FURNISHED, SPREAD AND INSTALLED BY OTHERS ON EACH FLOOR TO COINCIDE WITH OUR ERECTION SCHEDULE AND IH AMPLE TIME FOR USE AS A WORK PLATFORM FOR OUR MEN AND EQUIPMENT AND TO SERVE AS SAFETY PLANKING AS WELL. RIGGIN6,'HOOKIHGt AND UH- HOOKIHG EXCLUDED. 11.) ALL SCHEDULES AND SHIPPING SEQUENCES WILL BE MUTUALLY AGREED UPON BY CUSTOMER AND ROSCOE STEEL AND CULVERT COMPANY. 12.) ONE TEMPLATE PER ANCHOR BOLT PATTERN. 13.,) HANDRAIL IF REQUIRED IS TO.SE BUILT PER PLAN DIMENSIONS WITH POST SPACINGS INDICATED. AS BUILT HANDRAIL TO BE DELIVERED TO JOBSITE PRIOR`TO CONCRETE POUR OR CORE DRILLED LATER BY G.C. 14.) IF CONCRETE, MASONRY OR THE LIKE WHICH SUPPORTS STRUCTURAL STEEL IS HOT IH PLACE AT THE TIME OF ERECTION, TEMPORARY SHORING IS TO BE DESIGNED, SUPPLIED & INSTALLED TO THE PROPER ELEVATION AND REMOVED BY.OTHERS WITHOUT DELAYS OR INTERRUPTION TO OUR SEQUENCE OF ERECTION AND IN A HARMER TO PROVIDE A CONTINUOUS OPERATION FOR OUR WORK. 15.) ALL ANCHOR BOLTS AND OTHER MATERIALS EMBEDED IN CONCRETE OR MASONRY WILL BE DELIVERED F.O.B. JOBSITE FOR UNLOADING AND INSTALLATION BY OTHEF 16.) R13SCOE STEEL WILL SUBCONTRACT THE ERECTION PORTION OF THIS WORK TO A UHIOH IRONWORKER AFFILIATED ERECTION FIRM OF OUR CHOICE. 17.) GALVANIZING OF ARCHI'T'ECTURAL HANDRAIL WILL BE ACCORDING TO ASTM A123 :NOT DIP GALVANIZING, ONLY. 18.) ALL SHOP BOLTS WILL BE SNIPPED FINGER TIGHT, TO BE FIELD TORQUED. 19.) ERECTION OF STRUCTURAL STEEL SHALL BE PERFORMED IN ONE MOVE -ITT TO PROVIDE FOR ONE CONTINUOUS OPERATION UTILIZING ONE CRANE AND r ONE CREW. 20c) ROSCOE STEEL TAKES COMPLETE EXCEPTION TO CHAPTER 21 OF THE A.S.C:E. MANUAL WHETHER REQUIRED BY THE PROJECT SPECIFICATIONS OR HOT ( ROSCOE STEEL WILL NOT ASSUME DESIGN'RESPOHSIBILITY FOR ANY PORTION OF THE PROJECT). 21.) IF'DELAYS IN FURNISHING DESIGN INFORMATION CAUSE ROSCOE STEEL & CULVERT CO. TO SHIP ON UNSCHEDULED BASIS OR LESS THAN 'TRUCKLOAD QUANTITIES, FREIGHT WILL BE FOR CUSTOMER ACCOUNT. TERMS: As stated above, with interest accruing thereafter at the legal rate. Buyer agrees to waive notice of non-payment and of default and shall be liable for attorney's tees, interest, and costs arlaing out of collection. THIS ORDER 19 EXPRESSLY SUBJECT TO THE GENERAL TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE HEREOF..ACCEPTANCE: SUBJECT TO BEING AWARDED THE CONTRACT, WE HEREBY ORDER THE MATERIAL INDICATED ABOVE. DATE ev , U y -` -,� -�- _ -_ _ . � 0 BILLINGS PLANT 1 F"� �n c /�/�� ��+ �t BILLINGS, MONTANA 62253 ROSCOE STEEL FAX(406)656.8576. & CULVERT COMPANY "SaFFOy° M,BSDULAPLANT Montana Pubh Contractors License No. 6574A MOMONT INDUSTRIAL PARk California COtltfdctor Licamse #478997 C51 5405.MOMONT ROAD Certified A.I.S.C. Category III MISSOULA, MONTANA 5880: TELEPHONE(406)542 -0345 FAX (406) 542.1941 ROSCOE STEEL QUOTE PAGE 6 TERtfS 1.) CASH OR HET 30 DAYS FOR CUSTOMERS WITH PRE - APPROVED CREDIT.. INTEREST'WILL BE CHARGED ON PAST DUE ACCOUNTS. 2.) MONTHLY PROGRESS PAYMENTS PAYABLE ON THE 15TH OF THE MONTH BASED ON THE VALUE OF WORK PERFORMED. 3.) ALL RETENTION TO BE PAID 35 CALENDER DAYS AFTER SUBSTANTIAL COMPLETION OF OUR WORK. 4.) PAYMENT FOR UNFABRICATED MATERIAL STORED IN OUR YARD IS REQUIRED. NOTE:. CERTIFICATES OF INSURANCE WHEN REQUIRED WILL BE FOR COVERAGE OF ROSCOE STEEL AND CULVERT AND WILL NOT INCLUDE THE GENERAL CONTRACTOR, OWNER, OR THE ARCHITECT OR ENGINEER AS "ADDITIONAL INSURED!. HOTEz' PRICES QUOTED ARE FOR'ACCEPTAHCE"WITHIH 30 DAYS AND APPLY'TO THIS BID ONLY. SUBJECT TO,CONDITIONS ON REVERSE SIDE. ALL OF OUR-WORK PER PLANS AND SPECIFICATIONS. ADDENDA NOTED. USE TAX. I PLUDED,. ) L uMP sun _rj Ira o DEDUCTIVE' ALTERNATE FOR MS 153 AND 207 8 SINCERELY.,:' k0SC0E'STEEL.AHD CULVERT CO. DALE BUTTERFIELD MANAGER, ,CPHTRACT SALES CALIFORNIA CONTRACTORS LICENSE 11478997 CS1 TERMS: As stated above; with interest accruing thereafter at the legal rate. Buyer agrees to waive notice of nor paymom and of default and shell be ilable lot attorney's fees, Interest, and costs arising out of collection. THIS ORDER IS EXPRESSLY SUBJECT TO THE GENERAL TERMS ANt CONDITIONS SET FORTH ON THE REVERSE SIOE HEREOF. ACCEPTANCE: SUBJECTTO BEING AWARDED THE CONTRACT, WE HEREB' ORDER THE MATERIAL INDICATED ABOVE. DATE BY STOP NOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS (Public or Private Work) (Per California Civil Code Section 3103) To: Choy of NgjpQrt Beach (Name of peon, public body el consfioclion fund holden) 3300 Newport Blvd. (Address. N d'eecled to a bank or sav:ys and ban assn. use address of blanch holding fund) Newport Beach, Ca. 92659 Icily. stale and alp) Project: 10 0 Avocado (AdMess) k - r91. i1M TAKENOTICETHAT Stefan Merli Plastering Co., Inc. dba Merli Concrete Pumping (Name of the person a hkm claiming the slop nidee, Licensed contractors omsl use it a name under which contratlm's scene is issued) whose address is 1230 West 130th Street, Gardena, Ca. 90247 (Address of person or firm [lainnng slop note) has performed labor and furnished materials for a work of improvement described as follows: 1000 Avocado, Newport Beach, California IName aM location of the protect where work pr materials welt Furnished) The labor and materials furnished by claimant are of the following general kind: Concrete Pumping Labor and Services (Kind at label. services. eNipment. or mir gals finished m agreed to be Immsned by clamant The labor and materials were furnished to or for tire following pally: Performance Construction Company (Nang or 04 pally wtm indeed (lg work el matniats) Total value of the whole amount of labor and materials agreed to be furnished is:......... The value of the labor and materials furnished to date is: Claimant has been paid the sum of: and [here Is due, owing and unpaid. You are required to set aside< You are also notified that claimant o Ems"= Cz �rt)as�^ o?: Lei tier o0130L3E30 sum of: ....................................... RECEIVED JUL 26 1994 IO ...................... $ Not Applicable .................. $ 15,805.60 $ 13,746.20 $ 2,059.40 Fill funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. an equitable lien against any construction funds for this project which are in your hands. FIRM NAME: Stefan Merli Plastering Co., Inc. dba Me� �li Cononc —r y "' Pi�04 iat!"v 8y: IOwocr to agent of slap relive Claimant nmsl son here and rarity below) VERIFICATION I, the undersigned, say: I am Ilse Secretary ('Pltsident or'. 'A partner of'. Tio ner of". 'Agent of', etc I the claimant named in the foregoing Stop Notice; I have read said Slop Notice and know Ilia contents thereat; the same is true of my own knowledge. declare under penalty of perjury under the laws of the Slate of Calilornia Ihal the foregoing is hue and correct. Executed on July 25 19 94 , at Gardena California. (tale paid; document was signed) ( me pl [pl we stop �not te /spled) (personal signature 01 for asdurkpal who Is swgaep [her rag contents of shop not" we five) REQUEST FOR NOTICE OF ELECTION (Private Works Only) (Per California Civil Code Section 3159, 3161, or 3162) If an election is made not to withhold funds pursuant to this slop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of Ilea bored within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161, or 3162. Signed: See reverse side for additional Information. Eq= WOLCOIIS FORM 891 —SIOP NOTICE— eer.491 Ipdu anss J) Befae you use 1105 foil, read a, hY in all Flanks. aril 41991 WOLC0rr8. loc. Ilansaclbn cmuh a lawyer d you doubt the form I warranty, eepress a Implied, with especl to the mee no SA It(ONSTRUGION 0 C — 2-779 Date: July 12, 1994 KC Job # 2111 -09250 SENT CAL - OVERNIGHT 7 TO: Mr. Ben Nolan RECEIVED 13 1994 Office of the City Clerk CITY OF NEWPORT BEACH \ earror Public Works Department BEACH 3300 Newport Blvd. Newport Beach, CA 92663 RE: Kennedy Plastering Subject: Bond to Release Money Withheld on Stop Notice We Are Sending You For Your X herewith under separate cover shop drawings calculations per your request General Notes and Remarks: approval information signature & return —X—Release of Stop Notice Kennedy Plastering on Newport Beach Central on Library RECEIVED JUL 1 31994 3020 Old Ranch Parkway • Suite 250 • Seal Beach, CA 90740 -2751 • 213/594 -5577 • FAX 213/799 -8337 K110 -1 11/91 Date 7-13 4(1 COPESMOToi Sincerely, ❑ Meyw ❑ KOLL CONSTRUCTION ❑ Bldg. Olt �� .�'/✓��� / ❑ GmSen ft 0PB&ROk Project cretary o Plann Fng Dir ❑ Police ChId dOth Dtr �?IOtherCU,r� 7'-IvA- on Library RECEIVED JUL 1 31994 3020 Old Ranch Parkway • Suite 250 • Seal Beach, CA 90740 -2751 • 213/594 -5577 • FAX 213/799 -8337 K110 -1 11/91 KNOW ALL BY THESE PRESENTS: POWER OF ATTORNEY JUL 1 2 i99P 0 SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE SAFECO PLAZA SEATTLE, WASHINGTON 06185 NO. 9550 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation. does each hereby appoint v YmmNmuumummY,rmmuum NNmmummJOHN M. GARRETT; Santa Ana, Ca lfOrn la "%40 muumuu um ummuas NYY mamummmmm •N••muuuYmmmN•YYmmumm NNNYmmmYYNNNYmNNY•• mmmm■ mmmNNNNMYmmm YYYYYmmYm YYm •YmYmmmm••YYU■NNNN •mummmm• Its true and lawful attorneys) -in -fact. with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business. and to bind the respective company thereby, IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 4 1 h day of January ,1993 CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 'Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President. any Vice President. the Secretary. and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations. shall each have authority to appoint individuals as attorneys-in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business . On any instrunent making or evidencing Such appointment. the signatures may be affixed by facsimile. on any instrument conferring such authority or on any bond or undertaking Of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided. however, that the seal shall not be necessary to the validity of any such instrument or undertaking' Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28. 1970. 'On any certificate executed by the Secretary or an assistant secretary of the Company setting out. (i) The provisions of Article V. Section 13 of the By -Laws, and (ii) A copy of the power -of- attorney appointment. executed pursuant thereto, and (iii) Certifying that said power- of-attorney appointment is in full force and effect. the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof' L R. A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations. and of a Power of Attorney issued pursuant thereto. are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation S -0741EP 1/03 INS 11TH day of JULY . 19 94 _. © Registered IraOemafk Of SAFECO Corporation, C' CALIFORNIA ALL- PURPOSE ACKNOWLEDGEMENT j State of California JUL 197,1 County of Orange On 7/11/94 before me, J.K. Cunningham Notary Public Date t personally appeared JOHN M. GARRETT Name of Signer(s) $� personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by hie /her /their J K .'" i .M signature(s) on the instrument the person(s)or the entity upon behalf of which the person(s) acted, executed the instrument. !Q 'i MY CO..: ?- :'SS69 ": EV-1 -r- fi ?. :;1;.:5-75 'S WITNESS my hand an icial seal. .�v�- ,.wv- v- vw^v-vvvvry -v t '--5ignature of Though the data below is not requited by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER T]TLE(S) ❑ PARTNERS(S) ❑ LIMITED ❑ GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER• SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TffLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE • w.• •� -ww�u� �. • •wvuwuo r l lllll:!ll Jll!!�llllJllJll /Jl!llllJ /!/l!1 .It 1 California JUL 2 State 1 ti County of Orame On July ]2, 1994 before me, Joan K} Bandelin, Notary Public DATE N � E, TITLE OF OFFICER - E.G.,'JANE DOE, NOTARY PUBLIC ":,:.. personally appeared James J. Stmmerford NAMEIS) OF SIGNERS) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ' NOE JOAN K. BAIIN 1. #W z WITNES my hand and official seal. Z -'e Notary Publi"alifomia ORANGE COUNTY My comm. expires FES 05,19965 SI ATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ® CORPORATE OFFICER Se=etary TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Bond to Release honey Withheld on Stop Notice TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES July 11, 1994 DATE OF DOCUMENT John M. Garrett SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 q4 n lyt) i. NNSU AMERICA L. OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE. SAFECO PLAZA - - - SEATTLE, WASHINGTON 95185 Bond 5798821 Premium: S 2, 3-19.00 BOND TO RELEASE MONEY WITHHELD ON STOP NOTICE KNOW ALL BY THESE PRESENTS, That we, KOLL CONSTRUCT ION hereinafter called Principal, as Principal, and SAFECO INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Washington, with principal place of business in Seattle, and authorized to transact business in the State of California, hereinafter called Surety, as Surety, are held and firmly bound unto KENNEDY PLASTERING, INC. hereinafter called Obligee, as Obligee, in the sum of TWO HUNDRED THIRTY SEVEN THOUSAND EIGHT HUNDRED SIXTY AND 13/100 -------------------------- Dollars ($ 231,860.13 ), lawful money of the United States of America, for the payment of which sum, well and truly to be made, the said Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH, That, WHEREAS, the said Principal entered into a Loan Agreement dated on or about JUNE 4. 1992 NEWPORT BEACH CENTRAL LIBRARY with the Obligee, for WHEREAS, a certain stop notice has been filed against payments which are due to said Principal in connection with said Loan Agreement in the amount of ONE HUNDRED N I NETY THOUSAND TWO HUNDRED E I GHTY E I GHT AND 10/ 100 Dollars (S 190,288. 10 ). By KENNEDY PLASTERING, INC. AND, WHEREAS, the said Principal disputes the correctness and validity of said claim so filed, and desires that the funds now due him under the provisions of said contract which being delivered to him notwithstanding said stop notice. NOW, THEREFORE, if the above named Principal shall fully protect the Obligee, herein against any loss by reason of or arising out of the acceptance of this bond, or the release of said monies, or the payment thereto said Principal, and shall pay any sum which said claimant may recover on said claim, together with the costs of suit in said action, not exceeding the penal sum of this bond, then this obligation shall be void; otherwise it shall be and remain in full force and effect. This bond is given and accepted under and in accordance with the provisions of Section 3171 of the Civil Code of the State of California. Signed, sealed and dated this 11TH day of JULY 1 94 M COMPAINY OF AMERICA M. G*RRETT ` S-1397/EP 10192 PRINTED IN U.S.A. M 3300, • Stop Notice CALIFORNIA CIVIL CODE SECTION 3103 CITY OF NEWPORT BEACH Beach 1306e --M' " "1265 ,jliji — S 1994 Pt � -A = (If Private Job — file with responsible officer or person at office or branch of construction lender administering the construction funds or with the owner — CIVIL CODE SECTIONS 3156 - 3175) (If Public lob — file with office of controller, auditor, or other public disbursing officer whose duty it is to make payments under provisions of the contract — CIVIL CODE SECTIONS 3179 - 3214) Prime Contractor: Koll Construction 3020 Old Ranch Pkwy., Seal Beach, CA 90740 Sub Contractor (If Any) Performance Construction 725 N. Main St., Orange, CA 92668 Owner or Public Body: City of Newport Beach 3300 Newport Beach Bl . , Newport Beach Improvement known as Newport Beach Main Library 1000 in the City of Newport Beach County of Orange State of California. J & D Finishing Co., Inc. corporation Claimant, a /Claimant/ /Corporation /Partnership /Sole Proprietorship/ furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment, or materials is Performance Construction (Name of Subcontractor /Contractor /Owner - Builder) The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was concrete finishing labor and equipment Total value of labor, service, equipment, or materials agreed to be furnished......... $ 11,400.00 Total value of labor, service, equipment, or materials actually furnished is............ $ 11,400.00 Credit for materials returned, if any ............................... ............................... $ Amount paid on account, if any .................................... ............................... $ Amount due after deducting all just credits and offsets ...... ............................... $ 11,400.00 YOU ARE HEREBY NOTIFIED to withhold suffic' t eie�VId by you an the above described project to satisfy claimant's demand in the amount of $ ' and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A bond (CIVIL CODE SECTION 3083) not attached. (Bond required with Stop (is /is not) Notice served on constructions lender on private jobs — bond not required on public jobs or on Stop Notice served on owner on private jobs). Date 7 -7 -94 Name of Claimant J & D Finishing Co., Inc. 2 290 Aifi'bRjuVarkway Yor a Ll {Mail�AAddreg)2 87 � fir By — il m Pre- Sldent (Signature) Q CL 2 01 � (official Capacity) CZ v O O O O 13 O O O a N VERIFICATION I, the undersigned, state: 1 am the President of ('Agent of'; "President oJ'; 'A Partner o('; "Owner of; etc.) the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or delcare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on Juty 7, 19 94 at Yorba Linda, CA State of Ca i orni.a (Signature of Claimant or Authorized Agent) REQUEST FOR NOTICE OF ELECTION (Private Works Only) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond w' ys of such election ' enclosed preaddressed stamped envelope to the address oft c 'matt win a-bove.infor ati must by you under Civil Code Sections 3159 „316 62. Signed: y/ _.. SK A FORM 4 (FSNOI( 111189 0 0 It o it V. • • 0 -') 1 -, S` PARTIAL RELEASE OF STOP NOTICE TO: ROB MASTERS CITY OF NEWPORT BEACH DEPARTMENT OF PUBLIC WORKS 3300 Newport Boulevard Newport Beach, CA 92663 YOU ARE HEREBY NOTIFIED that the undersigned claimant, Kennedy A RECEIVED JUN 27 1994 Plastering, Inc., releases the sum of $3,610.80 only from funds withheld by reason of that certain Stop Notice dated June 16, 1994, in the amount of $190,288.10 against City of Newport Beach, as owner or public body and Koll Construction as prime contractor in connection with the work of improvement known as the Newport Beach Central Library and located in the city of Newport Beach, County of Orange, State of California Dated: 0— 675 - / Claimant: Kennedy Plas ring4lnc. ara J. son, Attorney and Agent for Kennedy Plastering, Inc. Verification I, the undersigned, state: I am the attorney for the claimant named in the foregoing Partial Release; I have read said Partial Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct., / Executed on 1994, at Westlake Village, California. ` CD �� rbara J. r' kson 0000000000(- ism C --7-7� �e STOP NOTICE Notice to Withhold to Holder of Funds (Public Works) TO: ROB MASTERS CITY OF NEWPORT BEACH DEPARTMENT OF PUBLIC WORKS 3300 Newport Boulevard Newport Beach, CA 92663 YOU ARE HEREBY NOTIFIED THAT the undersigned claimant, Kennedy Plastering, Inc., 7855 Sepulveda Boulevard, Van Nuys, California 91405, has furnished lath, plaster, wallboard and lightgage metal framing labor and materials to or for KOLL CONSTRUCTION, pursuant to that certain contract made between the City of Newport Beach and Koll Construction for that certain public work of improvement consisting of the Newport Beach Central Library, located in the City of Newport Beach, County of Orange, State of California. That the amount in value of the whole agreed to be done or furnished and actually done or furnished by claimant is $580,943.00, and said sum was and is the reasonable value thereof; that there has been paid and credited thereon the sum of $390,654.90, and that there is now due and owing to claimant, for and on account thereof, the sum of $190,288.10. WHEREFORE, claimant claims the benefit of the law given to laborers, materialmen, and others under and by virtue of the provisions of Sections 3103 and 3181 to 3214 of the California Civil Code, and prays that you withhold from said contractor Koll Construction sufficient money that may be due it or that may become due it for said work to answer and pay the amount of this clai wi erest. DATED: June 16, 1994. _LBaibara J. Er' on, Attorney and Agent for Claimant, Kennedy Plastering, Inc. VERIFICATION I, the undersigned, state: I am the attorney for the claimant named in the foregoing Stop Notice. I have read said Stop Notice and know the contents thereof and I certify that the same is true of my own knowledge. 1 declare under the penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on June 16, 1994, at Westlake Villa, CA. 7 -tom BAkBARAJ. CKSON .>0OUig0 .Q17CiO � C� Release of Stop Notice y> RECEIVED NAY J3 J994 TO: City of Newport Beach Construction Lender (or party with whom Stop No Oke ans filed) 3300 Newport Blvd., Newport Beach, CA 92660 -1768 (Address) You are hereby notified that the undersigned claimant releases that certain Stop Notice dated 719193 , in the amount of $ 25,737.03 against City of Newport Beach as owner or public body and Koll Construction in connection with the work of improvement known prime contractor Central Library - 1000 Avocada Ave. in the City of Newport Beach , County of State of California. Bate 5/18/94 Orange Name of Claimant United Premix Concrete Corp. Name) By 5d[ N ��1 (Signature) S Credit Manager (Official Capacity) HO O MOO D D kj l� VERIFICATION I, the undersigned, state: I am the Credit Manager ( "Agent of" "President of" "A Partner of" "Owner of etc.) the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 5/18/94 Irwindale Executed on 19 ,at State of California RICA FORM 5 (REV. 2/87) (Signature of Claimant or Authorized Agent) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5193 State of California County of Los Angeles 5/18/94 Cheryl Winder On before me, DATE NAME, TIME OF OFFICER- E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Arlene S. Steves NAMES) OF SIGNERS) impersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their OFFICIAL SEAL signature(s) on the instrument the person(s), CHERYL WIND[' No, r RY pUSLIC cF Ur oRN1A or the entity upon behalf of which the _ LOS ANGELES MINTY person(s) acted, executed the instrument. M - y comm. exFirc= JUN 13, 1SS4 WITNESS my hand and official seal. 'NATURE OF NOTARY P NAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. NUMBER OF PAGES SIGNER(S) OTHER THAN NAMED OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ❑ INDIVIDUAL ❑ CORPORATE OFFICER(S) TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR OTHER: Credit Mar. SIGNER IS REPRESENTING: NAME OF PERSON($) OR ENTITY(ES) United Premix Concrete DATE OF DOCUMENT ®1992 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309 -7184 RELEASE AND WITHDRAWAL OF STOP NOTICE IN CONSIDERATION of payment from KOLL CONSTRUCTION, and other good and valuable consideration received, Laborers' Health and Welfare for Southern California; Construction Laborers' Pension Trust for Southern California; Construction Laborers' Vacation Trust for Southern California; Laborers' Training and Re- training Trust for Southern California; and, Fund for Construction Industry Advancement (SOUTHERN CALIFORNIA LAB ' TRUST FUNDS) , hereby withdraw the Stop Notice addressed to: cc CITY OF NEWPORT BEACH h! rCS�V�� 3300 Newport Boulevard Newport Beach, California 92658 -8915 Attention: HOLDER OF FUNDS a copy of which is attached hereto, marked Exhibit "A ", and incorporated herein by reference, and hereby release, acquit, and discharge CITY OF NEWPORT BEACH, its employees, agents, successors and assigns, from any and all claims, liabilities and obligations heretofore arising or to arise pursuant to or as a result of said Stop Notice. DATED: AQ a, SOUTHERN CALIFORNIA LABORERS' TRUST FUNDS By STATE OF CALIFORNIA ) COUNTY OF Gos /9^h645 ) ss. On this 28"60 day of 19gY , before me, � Eke ✓ Lufa %a> n,s , a Notary Public, personally appeared, z-bary sac.rsciz /d , perc^naTly k ^ ^.an to �me- eF (proved to me on the basis of satisfactory evidence) to be the person'(s,1 whose name( -4 is /are subscribed to the within instrument and acknowledged to me that thr /she /they executed the same in her authorized capacity(iwQ , and that by his /her /the4 -r signatures) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. i:e rat - 76te �r n,: s -C ;I Dfi CtiU -,f!men C5 ;3S1 i e c'v Dir. ❑i'S8RDir. G l fear,'.^. Dir 'S F3fic° �ttief Try F it 8'Girler000� ��� WITNESS my hand and official seal. Notary Public 9s .oi CHIEW J. WATANABE COMM.31001466 'Notay Pudic — CONOMIo LOS ANGELES COUNTY `.j? My Comm. Exj*e3AUG 19.1991 40 STOP NOTICE NOTICE TO WITHHOLDER OF FUNDS TO: CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, California 92658 -8915 ATTENTION: HOLDER OF FUNDS The undersigned, Laborers' Health and Welfare Fund for Trust for Southern California; Construction Laborers' Vacation Trust for Southern California; Construction Laborers' Pension Trust for Southern California; Laborers' Training and Re- training Trust for Southern California; and Fund for Construction Industry Advancement; (SOUTHERN CALIFORNIA LABORERS' TRUST FUNDS), whose address is 4399 Santa Anita Avenue, Suite 200, E1 Monte, California 91731, has furnished fringe benefit coverage on behalf of laborer employees, pursuant to a written collective bargaining agreement between the Southern California District Council of Laborers and its affiliated local unions and PERFORMANCE CONSTRUCTION, a subcontractor of KOLL CONSTRUCTION, for the work of improvement located at, or known as: Newport Beach Central Library 1000 Avocado Avenue Newport Beach, California 92660 The amount in value of the whole agreed to be done or furnished and the value of that already done or furnished by claimants is $14,646.83. Claimant has not been paid any sum, and there remains due and unpaid the sum of $14,646.83, plus the legal rate of interest thereon from October 31, 1993. YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST. DATED: December 21, 1993 By: SOUTHERN CALIFORNIA LABORERS' TRUST FUND Certified Mail #P 139 706 378 (93 -056 SN1) EIIBIT %%k" f STOP NOTICE PAGE 2 STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) I, MARY SULPRIZIO, being duly sworn, depose and say: I am Field Manager for the Delinquency Office of the Southern California Laborers' Trust Funds. I have signed and read the foregoing Stop Notice and know the contents thereof; the same is true of my own knowledge, except as to any matters or things that may therein be stated on information and belief and as to those matters and things believe them to be true. Subscribed and sworn to before me on December 21, 1993. MICHI K. HIGASHI �. COMM. t 9 z z . NofallotaryCoat i PubNc — Cc9fomlo z ' LOS ANGELES COUNTY -d MICHI K. HIGA H , MY C=M. ExPkw APR 13.1997 Notary Public in and for said State Certified Mail #P 139 706 378 (93 -056 SN1) EXHIBIT "A" • Release of Stop Notice C_- RECEIVED VAR 15 1994 ,tomes TO: CITY OF NEWPORT BEACH Construction Lender (or party with whom Stop Notice was filed) 3300 Newport Blvd., Newport Beach, CA 92659 (Address) You are hereby notified that the undersigned claimant releases that certain Stop Notice dated January 5, 1994 , in the amount of $ 1,194.00 against CITY OF NEWPORT REACH as owner or public body and KOLL CONSTRUCTION /PERFORMANCE CONSTRUCTION as prime contractor in connection with the work of improvement known as CENTRAL LIBRARY 1000 AVOCADO AVE. NEWPORT BEACH CA in the City of NEWPORT BEACH , County of ORANGE State of California. Date March 9, 1994 BRAGG INVESTMENT CO., INC. dba: 'game of Claimant -BRAGG —CRANE SERVICE fitrm Name) By%Y t?+ (signature) Secretary /Treasurer (Official Capacity) VERIFICATION I, the undersigned, state: I am the Secretary /Treasurer ( "Agent of "President of" "A Partner of ", "Owner of ", etc.) the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on March 9 19 94 at Long Beach , State of California -you IIa"wd fa {01y� 031*d r✓ J10 11UU21d 'Il© 2i V Sd f= 'x.€t AJ ua�J C1 I16tttotitl 3 uewi iou ❑ : 11 �6-si -� _ 81CA FORM 5 (REV. 2/87) (Sign re of Claimant or Authorized Agent) 0 II�7i RELEASE OF STOP NOTICE (Construction lender, public body, or party with whom Stop Notice /l C- a7U 4cfiVED 14R J D4 At Yc You are hereby notified that the undersigned claimant releases that certain Stop Notice dated % 7 /y�y in the amount of $ %�/y c.'c^ against �r /`Fu /c/rT %>c "9cH as owner or public body and as prime contractor in connection with the work of improvement known as 61,4-7ny . c 5T ,< : u .vLi,T in the City of /ZZu County of (_0/7, State of California. Date Date Name of Claimant: Rem am * Mayor * Cat:nclfinen By (Signature) [3 Manager Cl 9Mg. Dir. (Authorized capacity) ;i?nSery W. i u & R Dir. P1Wr,1r'g DW VERIFICATION ° ^STtC' Chief / "r. y' air I the undersigned, state: I am the = �- �,Ci, i T s rc lc sr - C'A1er tc,5�6 ��Ja 2� ('Agent of". "President of*, "A Partner or. 'Owner of", etc.) y, NL the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 1X11gh'4-1v State of ' %^ WOLCOTTS FORM 898 — RELEASE Of STOP NOTICE —New 4 -93 01993 WOLCOTIS FORMS, INC. tpnce class 3A) 19 %'5/ , at Authorized Agent) Belare you use this farm, read it fill in all blanks, and make whatever chzr,a4s are appropriate and necessary to your particular pansactlan. Canwd a lawyer it you doubt the hum's fdnass for your purpow and use. NbIcons makes an represengdan or warranty, express or unplied, whb respell N the menthan- labllity or forms of Nis tarts far 0 intended use of purpose. NOTICE TO C_ 277 Stop Notice 0 CPRECEIVED CALIFORNIA CIVIL CODE SECTION 3103 CITY OF NEWPORT BEACH 3300 Newport Blvd., Newport Beach, CA or (If Private Job — file with responsible officer or person at office or branch of construction lender administering the construction funds or with the owner — CIVIL CODE SECTIONS 3156 - 3175) (If Public Job — file with office of controller, auditor, or other public disbursing officer whose duty it is to make payments under provisions of the contract — CIVIL CODE SECTIONS 3179 - 3214) Prime Contractor: KOLL CONSTRUCTION Sub Contractor (If Any) PERFORMANCE CONSTRUCTION Owner or Public Body: CITY OF NEWPORT BEACH improvement known as CENTRAL LIBRARY in the City of NEWPORT BEACH , County of ORANGE State of California. BRAGG INVESTMENT CO., INC. dba: BRAGG CRANE SERVICE Corporation (Claimant) , Claimant, a (.orporat on/ rtners p/ n e roprtetors pl furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment, or materials is Performance Construction/ Koll Construction The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was Provided crane, equipment and labor to remove concrete from basement as directed. (Describe in detail) Total value of labor, service, equipment, or materials agreed to be furnished......... $ 1,194.00 Total value of labor, service, equipment, or materials actually furnished is............ $ 1,194.00 Credit for materials returned, if any ............................... ............................... $ -0- Amount paid on account,. if any.. ... ; ........ ....-..-:...:....:.: ..:...:- .:...:..r::............ $ -0- Amount due after deducting all just credits and offsets ...... ............................... $ 1,194.00 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you oil the above described project to satisfy claimant's demand in the amount of $ 1. 194.00 and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A bond (CIVIL CODE SECTION 3083) �s �* attached. (Bond required with Stop (fslls not) Notice served on constructions lender on private jobs — bond not required on public jobs or on Stop Notice served on owner on private jobs). BRAGG INVESTMENT CO., INC. Date lglame of Claimant dba: BRAGG CRANE SERVICE (Firm Name) P.O. Box 727 t of inii At r Tess) cmrrr 9 8 253 011 Long Beach. CA 9Q805 t\ t f3y (tgnall"" .6V£ SecretaryNTreasurer c o. d � o tQjririal Capm'iirl v O l7 ❑ El p❑ ❑� � VERIFICATION 1, the undersigned, state: I am the SorrerarTrea surer ('AAenl of'; 'Presi em o A Airmer a/'; "01,ner q /': etc) the claimant named in the Foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or delcare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on January 5 , 19 94 at Long Beach State of California _ �Y t.'ienantre oriClainiam, or Aw REQUEST FOR NOTICE OF ELECTION (Private Works Only) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope to the address of the claimant shown above. This information must be provided by you under Civil Code Sections 3159, 3161 or 3162. Signed: _ (Clenmanl mull enclose se(J addressed rapedseA roped envefope)) nICP rOnM 4 n`SN08 111189 6 IA QR LABOR COMMISSIONER. STATE OF CALIFORNIA Deoartrnent of Industrial Relations ..., Division of Labor Standards Enforcement Bureau of Field RifoEr.®att 303 West Uruvil Street, Rolm 140 0' t Son Betterdim, CA 92401 '� ll .r (909) 383 -7408 / 383 -7411 AWARDING MOOT: f Try ry ~ >� City of Newport Beach @ f 3300 Newport Blvd Newport Beach CA 92659 DATE: IN RMPLY, REIHR TO CASE HUMMER' January 11, 1994 24 1g9� 26-PW- 28817/727 i �cjtrltaF C„ ! N(tJT10E0 V HHOLD PROJECT NAME / CONTRACT nYYMMR Central Library, Newport Beach — Orange County y 4 •w1YM CONTRACTOR J` K ll Construction 3 6 ` V.— Z° SUM- GMTwACTOw C,� 6 Z5 a5 fit✓: ca F Fire Alert C "t X' n 41 rs a (y 4 C �7C3CJOCJC1 1175 Enclosed are a NOTICE OF WAGES OWED and NOTICE OF PENAL --Y ASSESSMENT pertaining to the above -named project. You re .retied to withhold and retain from any payments due the gene,al con tractor the total amount of $2� 0$5. — which is the sum of all wages and penalties forfeited pursuant to the provisions of Labor Code Section 1727 as evidenced by the attached Notice of Wages Owed and Notice(s) of Penalty Assessment. If'you receive notice of a suit filed by the contractor to recover the prevailing wages and /or the Penalties Laoor Code Section 1731 requires you retain the above stated sum pending the outcome of the suit. I1` no such notice of suit is received within the 90 day period after cessation. acceptance, or completion of the project, all monies withheld shall be remitted to this office. If within he aforementioned period, the contractor consents in writing with the Notice of Wages Owed and /or Notice of Penalty Assessment, the amount withheld shall be remitted to this office. I declare anger penalty of perjury as follows: I am an authorize i re: °eser,tative acting for the State Gabor Comm.ssicner. 1 execute this Declaration on behalf of the worKe,s whos�r names are set forth on the attached notices. i have read the foregoing Notice.to Withhold and i hava made an investigation of the facts relating thereto, and based on ail the facts known to me at this time and based on all of the statements and inrormation given to me at this time, I am informed and believe that the foregoing Notice to Withhold is true and correct, and that the facts have been found to support this Notice. - Sincerely, STATE LABOR COMMISSIONER Labor Code Section 1731. If suit Is brought against the awarding body chrd — within the 900.day period either by service of summons or by registered malt which is received within the 90-day period, the penalties and forfeitures shail ql,ab%t andards s Investigator be retained by the awarding body pending the outcome of the suit, and be forwarded to the State Treasurer only in the event of a final court udgment against the contractor or his assignee. Otherwise the penalties and forfeitures . are subject to any final judgment which is obtained by the contractor or his assignee. Pw ') rs /El l NOTICE TOWITHHOLO 0 PJ LABOR COMMISSIONER, STATE OF CALIFORNIA Department of Industrial Relations DIVISION OF LABOR STANDARDS ENFORCEMENT Bureau of Field Enforcement EPA OF Ty 5 •••'EUREK,4' F 303 West Third Street, Room 140 San Bernardino, CA 92401 s (909) 383 -7408 / 383 -7411 a '� U m a10 r�t�a 9 TO: i O City of Newport Beach 3300 Newport Blvd." Newport Beach CA 92659 C 9 C 1 F 0 R NtP L J DATE: In Reply, Number. January 11, 1994 f 8817%727 NOTICE OF WAGES OWED Contract Number Central Library, Newport Beach, — Orange Count Sub - Contractor Fire Alert General Contractor Koll Construction Project Name and Adress Central Library, Newport Beach — Orange Count Please take notice that the person(s) named on Exhibit "A ", attached hereto and made a part hereof, have performed labor as stated on Exhibit "A" for the subcontractor or general contractor, named above, or other person(s) acting by your authority on the work of improvement in progress or being completed at your property at the project shown above. Total value of the labor so performed is the sum of $21.403.44 , and no payments have been made for the foregoing labor except as indicated on Exhibit "A ", and there now remains due, owing and unpaid $15.955.44 after deducting all just credits and offsets. The labor was performed for and furnished to the above named general contractor on the above named project. This Notice is given pursuant to the provisions of section 1727 of the Labor Code. You are hereby required pursuant to said section to withhold any and all payments which are or hereafter may become due to the contractor hereinabove named to the extent of the total claim as hereinabove shown. Executed on _ January 11 1994 at San Bernardino ,California STATE LABOR COMMISSIONER Hen ;y Richard Lab`r Standards Investigator PW -14 (4189) NOTICE OF WAGES OWED u J C W r n i O A D C 0 O m 71 LA m m m m : R o ra Y = rt I4+4 ^J O _ IIi � n r map 11 � O l� Gn x a I � . C , 4N W.a6 , 0 W i 11' i tysa�] p > • T :I CCCCHHHH�aaa 01; z' m+ S p O S .ia ° ) � o Yn a Y 1 m e C II yja IiI r r F C ma d n W O 00 ° 7 0 0 �r a�� ) 0 o to W W oIi a Ii£ yim `IGo z� d o. 10 O i > i r. 1ya IOJ .7 i a�y'iI J y a ° P I O r A iN ✓ W n P a A N �O O p i� i �'p N0 =I ° z ° O F r+ W ZY n Ln C Oz , r m II O m a CD y a F A o pp 00 1 y ' a p ° _ a C> O o & II I !V0D I o +I 00 p C W r n i O A D C 0 O m 71 LA m m m ! 0 LABOR COMMISSIONER, STATE OF CALIFORNIA Department of Industrial Relations DIEi<inn of Labor Standards Enforcement BUREAU OF FIELD ENFORCEMENT 303 W. Third Street Rm. 140 San Bernardino, Ca 92401 (90.0)383 -7408 / 383 -7411 AWARDING •GOY: F 7 City of Newport Beach 3300 Newport Blvd Newport Beach CA 92659 L_ DATE: IN January 11, 1994 1 26—PW- 28817/727 . NOTICE OF PENALTY ASSESSMENT PROJECT NAME I CONTRACT NUMBER - Central Library, Newport Beach – Orange County RRIME CONTRACTOR Koll Construction SUN- CONTRACTOR Fire Alert This office has determined that the above -named contractor(s) has failed to pay the prevailing wages as required by Labor Code Sections 1774 and 1815 to laborers and /or mechanics engaged in the execution of the above public works contract. Therefore, the following assessment is made as per Labor Code Sections 1775 and 1813: 81 Penalties for straight time work paid at less than the prevailing wage rate at $90.00 per worker per day per violation equals $4,0504On Penalties for overtime work oaid at less than the prevailing wage rate at $25.00 per worker per day per violation equals $ 81 Total number of violations Total sum due $4,ft5f1. Q _ . This Notice is given pursuant to the provisions of Section 1727 of the Labor Code. You are hereby required, pursuant to said section to withhold any and all payments which are or hereafter may become due to the contractor herein above named to the extent of the total claim as hereinabove shown. Executed on —January 11 19 94 , at San Bernardino California. STATE LABOR COMMISSIONER B hZa Labor tandards Investigator cc: Prim C ntractor Subco ractor Bonding Company NOTICE OF PENALTY ASSESSMENT 5w - 15 15/171 199 L A11OR COMM1SS10NER SATE OF CA,IfORN1A Department of Industr,ai Relations fCCM p -ERK Division of Labor Standards Enforcement'•' CRY Of Bi- of Field Friforr�ent \- Hearoat sEncY eau 303 West `third Street, Rom 140 ° .11 Ct 1N0US�a ;_� San Becnerdim, CA 92401 ?� .•• f.a, , \;q(`1,, (909) 383 -7408 / 383 -7411 AMAMOINO e00v: City of Newport Beach 3300 Newport Blvd Newport Beach CA 92659 OATS: I\ 01111, 1. REIER TO CASK NUNfLR' January 11, 1994 26-PW- 28817/727 �n Z -a_ y� NOTICE TO WITHHOLD 6 G ;r ^aycr IMOIECT MANE / CONTMACT nYMRER R. Central Library, Newport Beach - Orange County Li2cO, -,SCer IMIME CONTRACTOR , Koll Construction it E :,'•,rJ. Gir. Fire Alert C! too Otr' A1,.7n,...0 rxI rj Yr.!(ILV G�i /Ii :. :A+..0ir trtlter 2c� Enclosed are a NOTICE OF WAGES OWED and NOTICE OF PENH, 7v ASSESSMENT pertaining to the above named project. You re dire ^t d to withhold and retain from any payments due the gene,a! contractor the total amount of g2a 44_ which is the sum of all wages and penalties forreltec p rsuan: to the provisions of Labor Code Section 1727 as evidenced by the attached Notice of Wages Owed and Notice(s) of Penalty Assessment. If'you receive notice of a suit filed by the contractor to recover the preva.,ir,e wages and /or the Penalties Laoor Code Section 1731 require; you retain the above stated sum Der. -r.c the outcome of the suit. 14 no sucn notice of suit is received within the 90 day period after cessaunn. acceotartce, or completion of the project, ail monies withheld shall be remitted to this office. If wtthir :he aforementioned period, the contractor consents in writing with the Notice of Wages Owed and /or N-:ice of Penalty Assessment, the amount wlthheic shall be remitted to this office. 1 declare uricer penalty of perjury as follows: I am an auth.ori <e•j re-'eser.:ative acting for the State -abor Comm.ssicner. 1 execute this Dcclaratior, on behalf of the worKe's whose names are set forth on ,he et ached notices. have read the foregoing Notice.to Withhold a•-, . hav'i made an investigation of the ?acts reiating thereto, and baseo on all the facts known to me at:nis time and based on all of the statements and ,nrormation given to me at this time. I am rnformec and oetieve that the foregoing Notice to Withhold Is true and correct, and that the facts have been foun_ to support this Notice. Sincerely, STATE LABOR COMMISSIONER irlr. Labor Code Section 173E !' w t is brought against the awa•dmc o-,j . a i, -- —° -- - - - - -- w +th(n the 90•day period either by iervlce of summons or by leolste enr chard wn rt lch is received within the 90-aav period, the penalties and !orfeures SI-4 Labo tandards Investigator be retained by the awarding body pending the outcome of the suit• and b, forwarded to the State Treasurer only in the event of a final court L dclnen! against the contractor or his assignee. Otherwise the penalt,e.s anc forfeitures are subject to any fma, judgment which n obtained b; tt11_ contractor or his assignee. eW • •] Is /N) NOTICE TOWITHHOLD • LABOR COMMISSIONER, STATE OF CALIFORNIA Department of Industrial Relations Division of Labor Standards Enforcement BIWM OF FIELD IIF13CH@TP 303 West 2und Sheet, Rbols 140 Sm Bezzardim, CA 92401 (909) 383 -7403 / 383 -7411 AWARDING EODY: City of Newport Beach 3300 Newport Blvd Newport Beach CA 92569 L DATE: February 18, 1994 «��-• 994 FE8 2' "1 qty Cue ". clTl I's. NEY+roP` 01 J e -r ST9re _:,, ar`P IN REPLY, NEVER TO CASE NU 26—PW- 28817/727 RELEASE OF NOTICE TO WITHHOLD PROJECT NAME I CONTRACT NUMEER Central Library, Newport Beach, Or PRIME CONTRACTOR Koll Construction On January 11, 1994 this Division filed a NOTICE TO WITHHOLD (copy attached) on the above-named Public Works Project in the total amount due of 5209005.44 Please consider this Notice as a full release to our NOTICE TO WITHHOLD dated January 11, 1994 Executed on February 18 .19 94 at San Bernardino , California. STATE LABOR COMMISSIONER y y_Il r 'to Z , >.•:.. T 0: m�a c;t^Nj CJ .tayor B r7 GaLrsci:meo Henr ichard C ?;sYB�Cf Lebo tandards Investigator \rd�,rofney Dir. G; °.try Dir. C1 ir; a P Dir. DW WOO Q FIG, 01 �( vtq, Dir ,y3 OF- her�LCC�s��i �1. PW 20 15/871 RE"ME OF NOTCI TO WITNNOLD I I R RCCE110 FE9 a�m� STOP NOTICE NOTICE TO WITHHOLD CONSTRUCTION FUNDS (Public or Private Work) (Per California Civil Code Section 3103) (Name of owner public body or conslmclion fund •holder) (Address. If directed to a bank or savings and loan assn., use address of branch holding fund) My, state and rip) J TAKE NOTICE THAT SAC TOE Project: "=- i:Gr =L,(Y /£�: Xr'/C C /G %! %iJSr (Name) /VOC) /oCg,Air sT / (Address) (City. state and rip) jName of the person or firm claiming the stop notice. Licensed contractors most use me name under which contractors license is issued) whose address is / " (Address of person or firm claiming stop notice) _ has performed labor and furnished materials for a work of improvement described as follows: /000 Du 57- /�Ew��rT FiEEgcy (49. (Name and location of the project where work or materials were It The labor and materials furnished by claimant are of the following general kind: sernces. equipment. or The labor and materials were furnished to or for the following parry: (Name of the parry who ordered the work or malenals) Total value of the whole amount of labor and materials agreed to be furnished is: ................................. $ 7`/5! 00 The value of the labor and materials furnished to date is: Claimant has been paid the sum of: .......................................... and there is due, owing and unpaid the sum of: ........................ $ /7 `fyo0 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. 1 'v .J FIRMNAMF ,rX1 >j�.:> /.� ✓,(f N as a ~ 3 L By: m C7 L77? r- rl Mr7 ` . — >> t" VERIFICAT N I, the undersigned, say: I am the G ti! ✓t Q GF V�� .4C Tod (-President Of-. -A partner 01 %-Omer of %'Agent 0% etc ) the claimant named in the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 1 c'15Xu'Rr 17 , 19 _ZY, at �yYrmee�����000E� California. (Oats this document was signed) (Name of mee pnotice s' ed) (Personal signature of the individual who is swearing that the contents of stop police are bue) REQUEST FOR NOTICE OF ELECTION (Private Works Only) (Per California Civil Code Section 3159, 3161, or 3162) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161, or 3162. Signed: (Claimant most enclose sell- addressed stamped envelope) See reverse side for additional information. WOECOTTS FORM 894 —STOP NOTICE —Rev. 4 -91 Mmere class 3) Before you use this form, read IT fill in all blanks. and make whe[ever chadges are apprepriam and necessary ru your particular ®1991 WOECOTTS, INC. transaction. Consuh a lawyer it you doubt the form's Mine for your purpose and use. Nhkpffi makes by repmsanMVOn or warranty, express or implied, lu respect to the mercharimNlHy, or fronds at 0is ton for an InWtled use or purpose. ADDITIONAL INFORMATION (1) On a public job, file a stop notice with the controller, auditor, or other public disbursing officer whose duty it is to make payments under the prime contract, or with commissioners, managers, trustees, officers, board of supervisors, board of trustees. Civil Code § §3179 -3214. (2) On a private job, file a stop notice with responsible officer or person at office or branch of construction lender administrating funds or with owner. Civil Code § §3156 -3175. (3) A stop notice is good only following the filing of a preliminary notice 20 days after the claimant first furnishes work or materials to the job site. Rules on preliminary notice for public and private work vary, so consult an attorney if you are uncertain that you have complied with the notice requirements. - - - -- (4) A bond for one and one quarter times the amount of the stop notice claim must accompany a stop notice served on a construction lender on private jobs —a bond is not required on public jobs or on a stop notice served on an owner for private jobs. r c� �1 e. • 15 November 1993 CITY OF NEWPORT BEACH Public Works Department 330 Newport Beach Blvd., Newport Beach, California 92658 -8915 Attention: Shauna Oyler Dear Sir /Madam, 0 C -;) Ari �y CCgs .i@ RECEN of t >..I; NOY 16 1993 CRY C;EPK NEWPOP,I OF Re: STOP NOTICE, Dated 7 July , 1993 Project: Central Library 1000 Avocado Avenue Newport Beach, California On behalf of Westburne Supply Inc., dba Westburne Pipe and Supply, enclosed please find an original Release of Stop Notice for plumbing material and related supplies furnished by Westburne Pipe and Supply to Fire Alert, for use in the above referenced work of improvement under contract to Koll Construction. If you have any further questions, please don't hesitate to contact the undersigned. w p�cn�cM° CD Enclosures JDK: jdk cc: Stephen H.M. Wong, Esq. Knoll Construction V y truly ours. mes D. ee ling acific Group Credit Manager P. O. Box 3779 Redwood City, California 94064 ED MMUMOR 0 9 4 EGEI H ` NOV 16 1993 CITY CLERK wcVjn W RFAX i RELEASE OF STOP NOTICE NOTICE IS HEREBY GIVEN that the undersigned, Mestburne Supply Inc, a Delaware corporation, dba Westburne Pipe and Supply hereby releases and discharges that certain Stop Notice dated July 7, 1993, served on City of Newport Beach, whose address is 330 Newport Beach, California, 92659 relating to that certain work of improvement on real property described as Central Library located at 1000 Avocado Avenue, Newport Beach, County of Orange, California. Dated: November 15, 1993 YESTBURNE SUPPLY INC., d /b /a Mep"urne Pipe and Supply .s Agents A-Lmen D: a of C QL Wq (ham �r yyyy�eee? ��Y� W g'Ggea. 99 oCO d.y °D c Q `m .s Agents PECr� "!r Nov 16 1993 cm mi RN Uri, NEINPWRI I, JAMES D. KEESLING, declare: That I an one of the authorized agents for Meatburne Supply Inc., a Delaware corporation, doing business as Meatburne Pipe and Supply, the Claimant herein, and an authorized to make this Verification on its behalf. I have read the foregoing Release of Stop Notice and know the contents thereof. I a■ informed and believe that the utters stated therein are true and on that ground I allege that they are true. I declare under penalty of perjury that the foregoing is true and correct. Executed on November 15, 1993, in the City of Menlo Park, County of San Mateo, Cali D. RECEIVED I \UV 1 6 19`1'l -'Z Fire Alert /release of stop notice /Central Library NGV�lsr�1993 STATE OF CALIFORNIA ) SS. COUNTY OF SAN MATEO ) On this the iS day of November, 1993, before me, the undersigned, a Notary Public in and for the said County and State, personally appeared James D. Keesling, personally know to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to we that he executed the same in his authorized capacity, and that his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. /JZ Zlic in and for said County and State FOR NOTARY SEAL OR STAMP Sherry L. HLmsperge V Comm. 81001073 PLANA • CALIFORNIA SAN MATEO COUNTY OWIM. E199mi Aug. 18, 1997 RECEIVED NOV 1 6 mi � f � ,'.ydit i,k gkTLM���� �)�i �+,i .1 :: 0 0 Release of Stop Notice TO: City of Newport 3each Construction Lender (or party unth uAom Stop Notice uas tiled) 3300 Newport Blvd., Newport Beach, CA 92659 -1768 You are hereby notified that the undersigned claimant releases that certain Stop Notice 7/9/93 25,737.03 dated , in the amount of $ City of Newport Beach Koll Construction in connection with the work of improvement known in the City of State of California. Newport Beach Date 7/28/93 C -a7/,? J RECEIVED AUG 3 1993 tttt° owner or public body and prime contractor Central Library - 1000 Avocado Avenue County of Orange Name of Claimant United Premix Concrete Corp. / (Fi Na e) By (��> (Signature) Credit Manager (Official Capacity) VERIFICATION I, the undersigned, state: I am the Credit Manager ( "Agent of ", "President of ", "A Partner of ", "Owner of ", etc.) the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 7/28/93 19 at Irwindale State of BICA FORM 5 (REV. 2/87) ifornia (Signature of Claimant or Authorized Agent) a VrAiji-IJ u�other auto fx�.�- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County Of Los Angeles On 7/28/93 before me, Cheryl Winder DATE NAME, TITLE OF OFFICER- E.G.,'JANE DOE, NOTARY PUBLIC' personally appeared Arlene S. Steves NAME(S) OF SIGNER(S) xE] personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized OFFICIAL SEAL capacity(ies), and that by his /her /their CHERYL WINDER signature(s) on the instrument the person(s), p >; Tic ?F�tClpU8L1C-CAUFORNIA or the entity upon behalf of which the L0.S ANGELES C011NT( person(s) acted, executed the instrument. My 'Dram. ex9ires lUN 13, 1494 WITNESS my hand and official seal. ATURE OF NOTARY DNA, SECTION No. 5193 OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Through stable does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ❑ INDIVIDUAL ❑ CORPORATE OFFICER(S) TITLE(S) PARTNER(S) C] LIMITED [:]GENERAL ATTORNEY -IN -FACT E] TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER: _('ranit Mnnnnger SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) United Premix Concrete THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT Release of Stop Notice THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES l 7/28/93 DATE OF DOCUMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this torn. SIGNER(S) OTHER THAN NAMED ABOVE .\ ®1992 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309 -7184 -7 7 Westbur3rie July 7, 1993 RECEl jr JUL 161993 CERTIFIED MAIL cm�ax RETURN RECEIPT REQUESTED k Rf QEA.CH CITY OF NEWPORT BEACH 330 Newport Blvd Newport Beach, California 92659 Attn: Disbursing Agent Re: Central Library, 1000 Avocado Avenue, Newport Beach, California. Dear Sir /Madam, On behalf of Westburne Supply Inc., dba Westburne Pipe & Supply, enclosed please find original Stop Notice in the sum of $10,621.91 for plumbing materials and related supplies furnished by Westburne Pipe & Supply to Fire Alert for use in the above - referenced work of improvement. At the time said materials were supplied, Fire Alert, was acting as subcontractor to Koll Construction, original contractor. We are enclosing a check for $2.00 made payable to you, please send us the Notice of expiration of period pursuant to Civil Code Section 3185. Please contact the undersigned at our P.E. O'Hair & division office (800) 350 -6841 concerning your plans for payment of Westburne's Claim. Enclosures cc: Stephen H.M. Wong cc: Koll Construction cc: Mary Jane Everett, Esq. Regional Credit Manager Co., Westburne Supply Inc. 741 E. Ball Road, Suite 205, Anaheim, California 92805 • P.O. Box 65013, Anaheim, California 92815 -8513 Tel: (714) 491 -0992 Fax: (714) 491 -1994 1 . >J: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 STOP NOTICE • �,- RE10E►C�1� J11 CM CLERK To: CITY OF NEWPORT BEACH W*R1Bar" 330 NEWPORT BLVD NEWPORT BEACH, CALIFORNIA 92659 ATTN: DISBURSING AGENT YOU ARE HEREBY NOTIFIED that the undersigned, Westburne Supply Inc., a Delaware corporation, doing business as Westburne Pipe & Supply, ( "Claimant "), whose address is 10612 Stanford Avenue, Garden Grove, California 92642 furnished materials to Fire Alert, used for the work of improvement situated on real property described as follows: Central Library, located at 1000 Avocado Avenue, City of Newport Beach, County of Orange, California. The materials furnished by Claimant are generally described as plumbing materials and related supplies, including, but not limited to pipe, valves and fittings. The amount in value of the whole agreed to be done or furnished by Claimant is $10,621.91 none of which has been paid. There is now due and owing, after deducting all just credits and offsets, the sum of $10,621.91, together with interest accruing thereon at the rate of ten per cent per annum from the date hereof. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Therefore, Claimant hereby requests that you withhold sufficient funds to satisfy this claim. Dated: July 7, 1993 -2- 309 Fourth Street Oakland, CA 94607 Telephone: (510) 451 -6424 One of Claimant's Agents 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I, Carol I Chandler, declare: I am one of the authorized agents for Westburne Supply Inc., a Delaware corporation, doing business as Westburne Pipe & Supply the Claimant herein, and am authorized to make this Verification as its agent. I have read the foregoing Stop Notice and know the the contents thereof. I am informed and believe that the matters stated therein are true and on that ground I allege that they are true. I declare under penalty of perjury that the foregoing is true correct. Executed on July 7, 1993, in the City Menlo Park, County of San Mateo, Calif rnia, -3- �Q� Westburne July 7, 1993 CERTIFIED MAIL P 515 666 947 ROLL CONSTRUCTION 3020 Old Ranch Parkway #250 Seal Beach, California 90740 Re: Bonds issued by Safeco Insurance of North America BN #5725855 & K04023109 Re: Project -,Central Library, located at 1000 Avocado Avenue, Newport Beach, California Dear Sir /Madam, Westburne Pipe & Supply is a wholesale supplier of plumbing material and related supplies. Please be advised that Westburne Supply Inc., a delaware corporation doing business as Westburne Pipe & Supply, furnished plumbing and /or related items totaling $10,621.91 to Fire Alert, for use in that certain work of improvement commonly known as Central Library, located at 1000 Avocado Avenue, City of Newport Beach, County of Orange, California. At the time said materials were supplied Fire Alert, was acting as subcontractor to Roll Construction, original contractor. No part of the sum of $10,621.91 has been paid to date by Fire Alert. We understand that you are the principal on Performance, Payment Bond No. #5725855 & K04023109 issued by Safeco Insurance of North America in connection with the above - referenced project. Westburne Pipe & Supply, hereby serves notice of its claim and demands payment of $10,621.91. Please contact the undersigned at our P.E. O'Hair office (800) 350 -6841 regarding your plans for payment of this claim. cc: Stephen H.M. Wong Esq. cc: Safeco Insurance of North America ( #5725855/K04023109) cc: Fire Alert cc: City of Newport Beach cc: Mary Jane Everett, Regional Credit Manager Westburne Supply Inc. 741 E. Ball Road, Suite 205. Anaheim, California 92805 • P0. Box 65013. Anaheim. California 92815 -6513 Tel: (714] 491 -0992 Fax: (714) 491 -1994 Stop Notice CALIFORNIA CIVIL CODE SECTION 3103 NOTICE TO City of Newport Beach (Name of Construction Lender, Public Body or Owner) 3300 Newport Blvd., Newport Beach, CA 92659 -1768 (Address) (If Private Job — file with responsible officer or person at office or branch of construction lender administering the construction funds or with the owner — CIVIL CODE SECTIONS 3156 - 3175) (If Public Job — file with office of conlroller, auditor, or other public disbursing officer whose duty it is to make payments under provisions of the contract — CIVIL CODE SECTIONS 3179 - 3214) Prime Contractor: Koll Construction Sub Contractor (If Any) Performance Construction Co. !' Owner or Public Body: City of Newport Beach ore ' Improvement known as Central Library - 1000 Avocado Avenue MQt in the City of Newport Beach County of Orange State of California. United Premix Concrete Corp. , Claimant, a corporation (Claimant) (Corporelion/p6rl ers ip/ n [ mpri[lorship) furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment, or materials is (Name of Su onrrarror /Canlracror /Owner xi er/ Performance Construction Co. The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was ready mixed concrete & related items (Describe In derail) Total value of labor, service, equipment, or materials agreed to be furnished......... $ 240,000.00 Total value of labor, service, equipment, or materials actually furnished is............ S 52,544.13 Credit for materials returned, if any .............................................. :............... S Amount paid on account, if any .................................... ............................... S 26,807.10 Amount due afier deducting all just credits and offsets ..................................... S 25,737.03 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you off the above described project to satisfy claimant's demand in the amount of S 95,747.03 and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A bond (CIVIL CODE SECTION 3083) is not attached. (Bond required with Stop 0s /is null Notice served on constructions lender on private jobs — bond not required on public jobs or on Stop Notice served on owner on private jobs Date 7 9 93 Name of Claimant United Premix Concrete Corp. � �\ P 0 x 1608 °rn Nurne) N !' , t (Alai inR AI drnce1 �( T Baldwin Park, CA 91706 \.i v By -A C (.Signoluml *y�, Credit Mgr. .h L' a JJ ._i u , ,� .Z VERIFICATION (Qlficial caprein•1 I, [lie undersigned, slate: I am file Credit Manager ('ARenl af': ' prcsi enl n('. '.A 1'arrner a(', wncr of': ele) the claimant named in the foregoing Slop Notice; 1 have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or delcare) tinder pcnaily of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 19 L 1_ nd?le Stale of California 0rh9d7lZ 04narnre of C mmaor Pr Authorized gene) RFQUIST FOR NOTICE OF ELECTION (Private Works Only) if an election is made not to withhold funds pursuant to [his slop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped enveloRS to the address of the claimant shown above. This information must be provided by you.unde(.= Giyi�e Sections 3159, 3161 or 3162. r Signed: - �a1A , Z PICA FORM 4IFSNOII In /AA IVED s4 1 ;' CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 August 15, 1994 Koll Construction 3020 Old Ranch Parkway, Seal Beach, CA 92704 Subject: Surety: Bond No. Contract No.: Project: (714) 644 -3005 Ste. 250 Safeco Insurance Company of America AND Insurance Company of North America 5725855 and K04023109 C -2778 Central Library The City Council of Newport Beach on July 25, 1994 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 August 4, 1994, Reference No. 94- 0487995. Sincerely, z� A� � , Wanda E. Raggio, /C� %2 /�G City Clerk WER:pm cc: Public Works Department 3300 Newport Boulevard, Newport Beach RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk /��/. City of pNeWwptt rtt Beach 3300 Ne Newport Beach, CA Boulevard O E�€zi rTo t " . ` 1G -1994 01 f. Recorded in Official Records of uranse County, California Lee A. irand- �.unty Recorder "Exempt from recordin g ec fees pursuant to Government Code Section 3103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Koll Construction, 3020 Old Ranch Parkway, Ste. 250, Seal Beach, CA 92704 as Contractor, entered into a Contract on June 18, 1992 Said Contract set forth certain improvements, as follows: Central Library (C -2778) - located in the City of Newport Beach, County of Orange, at 1000 Avocado Avenue Work on said Contract was completed on June 20, 1994 and was found to be acceptable on July 25, 1994 by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Safeco Insurance Co. of America AND Insurance Company of North America BY r 40 Public works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the be t of my knowledge. Executed on C PP , /99y , at Newport Beach, 10 RECEIVED pg 15 1994 %W NEWPORT ux" • TO: FROM: SUBJECT: C] • 0 ! July 25, 1994 CITY COUNCIL AGENDA ITEM NO.- 26 — MAYOR AND MEMBERS OF THE CITY COUNCIL PUBLIC WORKS DEPARTMENT ACCEPTANCE OF CENTRAL LIBRARY, C -2778 RECOMMENDATIONS: Accept the work. APPROVED 2. Authorize the City Clerk to file a Notice of Completion. 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. 4. Direct staff to continue negotiation of outstanding claims with Contractor. DISCUSSION: The contract for the construction of the Central Library has been completed to the satisfaction of the Public Works Department. During the early stages of construction the project experienced considerable difficulty related to extended rainy weather, certain subcontractor problems, and certain supervisory and administrative problems. The Contractor, Koll Construction Company, brought in a new Construction Superintendent and made other personnel changes. Subsequently the work proceeded well, and an outstanding team effort by the Contractor and by the numerous City departments involved resulted in the successful July 10 opening of the library. The Public Works Department wishes to express its compliments to Koll Construction for a job well -done; and its appreciation to the staffs of the Library, the Building Department, the Fire and Police Departments, and the Telecommunications Division for outstanding cooperation in carrying out the project. There are however a number of disputes with the Contractor that remain to be resolved. The Contractor has filed a number of extra work claims and time delay claims that have been denied. The City has calculated 138 days in liquidated damages for delay in completing the project. The Contractor has not agreed to the number of completion delay days. City staff has had a number of meetings with Koll management in an attempt to resolve the outstanding issues. Some issues have been resolved through these continuing efforts; and some remain unresolved as of this date. Koll SUBJECT: ACCEPTAIAE OF CENTRAL LIBRARY, C -277i* July 25, 1994 Page 2 management has been cooperative and has indicated a desire to resolve the differences without litigation. It is requested that the recommended actions be approved prior to the resolution of the outstanding claims for purposes of protecting the City by shortening the time period in which stop notices may be filed; to show a good faith effort by the City in further negotiation; and to enable the processing of earned subcontractor payments. The lump sum bid price was Value of work completed as of June Change Orders approved as of June Total work completed as of June 30, Amount Budgeted Budgeted funds available as of June $8,071,000.00 30, 1994 8,070,472.00 30, 1994 439,105.00 1994 8,509,577.00 8,621,000.00 30, 1994 111,423.00 As of June 30, 1994 a total of 128 change orders (summary copy attached) have been approved. The files and back -up material on change orders are voluminous, and are available for review in the Public Works Department. Funds for the project were budgeted in the Library Construction Fund, Account No. 7425 - 98400001. The Contractor is Koll Construction "Koll ", City of Seal Beach. The project was designed by the architectural firm of Simon Martin -Vegue Winkelstein Moris of San Francisco; and the plans and specifications were prepared by the architectural firm of James Lawson Pirdy AIA of Newport Beach. Construction supervision for the Architects was provided by Mr. Chris Bradley of the Pirdy firm, who did an outstanding job. The original contract completion date was November 30, 1993. Due to extra work and inclement weather, an additional 64 days of extension were granted, resulting in a revised calculated completion date of February 2, 1994. The City accepted June 20, 1994 as the date of substantial completion. Final resolution of the amount of liquidated damages to be assessed will be dependent on negotiation and approval of the Contractor's delay claim. Retention will be withheld to cover any potential liquidated damages until j r ; lut, scene has een achieved. Benjamin B. 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N'o�vN m° N N Y V O q fJ m S A {a�N V m mmj q fNJ m N W w VI 0 m O O N N m m m V J V V1 N N O m N N N N m V N tl� w m w m m • • • City Council Agenda Item No. 25 Budget Amendment No. 034 CITY OF NEWPORT BEACH C - 2-77f Public Works Department Memorandum January 24, 1994 TO: Finance Director FROM: Public Works Director SUBJECT: CENTRAL LIBRARY MANAGEMENT FUNDS Additional funds are required for Account No. 98400004, the general project management account for the Central Library. The principal reasons are that only $65,000 was originally budgeted rather than the $100,000 that was intended, based on the original November 30, 1993, completion date; and because the estimated completion date is now May or June 1994. The extended completion date is largely due to authorized weather related extensions and authorized time extensions for extra work; in addition to delays that are • attributable to the Contractor. The estimated expenses to be funded are: 1. Architect field expenses not included in agreement $751000 2. Materials testing and contract inspection 45,000 3. Project Manager 251000 4. Miscellaneous 15,000 Total $1601000 It is recommended that the funds be transferred from Account No. 98400012, Central Library Furniture and Equipment, to Account No. 98400004. The furniture and equipment appropriation has funds available because (1) furniture bids were lower than estimated, and (2) some equipment will be provided by vendors under a franchise arrangement rather than by City purchase. Benjamin B. Nolan Public Works Director • TO: FROM: SUBJECT: i BY THE . ' CIL CITY Of N zACH JUL f 3 1992 17, July 13, 1992 CITY COUNCIL AGENDA ITEM NO. 11 Mayor and Members of the City Council Public Works Department SUBSTITUTION OF SUBCONTRACTOR FOR CENTRAL LIBRARY PROJECT (C -2778) RECOMMENDATION: Approve Koll Construction's request to substitute Roscoe Steel and Culvert Company in place of Peck Steel Company, Inc. as the Structural Steel Subcontractor on the Central Library project. Koll Construction has been awarded the contract to construct the Central Library. Koll's bid listed Peck Steel Company, Inc. as the structural steel subcontractor. Koll has asked the City to consent to the substitution of Roscoe Steel and Culvert Company in place of Peck. Koll's request is based on Section 4107 (a)(4) of the Public Contracts Code which states that the awarding authority may consent to the substitution "when the listed subcontractor fails or refuses to meet the bond requirements of the prime contractor as set forth in Section 4108 ". In accordance with Section 4107, a notice of the requested substitution was sent to Peck (copy attached). No written objections to the proposed substitution have been received from Peck within the five day period provided by law. We recommend that Koll's request be approved. • e a Benjamin Nolan , Public Works Director DCS:so (V Ji- a 25, 1992 0 4 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 (714) 644 -3311 M Robert H. Peck, President Pt--;k Steel Company, Inc. 33255 East District St. Tucson, Arizona 85714 Re: Newport Beach Central Library Project (C -2778) Substitution of Subcontractor Dear Mr. Peck: Koll Construction ( "Koll ") has been awarded the contract to construct the new Newport Beach Central Library. Koll's bid listed Peck Steel Company, Inc. ( "Peck ") as the structural steel subcontractor. Koll • has asked the City to consent to the substitution of Roscoe Steel and Culvert Company ( "Roscoe Steel ") in place of Peck as the structural steel subcontractor. The request is made pursuant to Section 4107 of the Public Contracts Code and the factual basis for Koll's request is found in the June 24, 1992 letter to Don Simpson and related attachments, copies of which are enclosed. The City is considering Koll's request for substitution of Roscoe Steel in place of Peck as the structural steel subcontractor. According to Section 4107(a)(4) of the Public Contracts Code, substitution may be appropriate "when the listed subcontractor fails or refuses to meet the bond requirements of the prime contractor as set forth in Section 4108." I have enclosed copies of both statutes for your information. Prior to approval of a prime contractor's request for substitution, the City is required to give you notice of the request to substitute and the reasons for the request. This letter constitutes the notice required by Section 4107 of the Public Contracts Code. You have five (5) working days within which to submit written objections to the proposed substitution. These written objections should be submitted •to the undersigned at the.address specified in this letter. Failure to file these written objections shall constitute your consent to the substitution. If you file written objections, the City will give you written notice of a hearing to be conducted on the prime contractor's request for substitution. Please contact the undersigned if you have any questions. V y truly yo rs, c r k4 Benjamin B. Nolan City of Newport Beach Public Works Director 3300 Newport Blvd., P.O. Box 1768 Newport Beach, CA 92659 -1768 Enclosures (2) xc: Robert H. Burnham, City Attorney 3300 Newport Boulevard, Newport Beach 0 November 22, 1993 CITY COUNCIL AGENDA ITEM NO. 9 • BY THE CIT`! El;CFi TO: Mayor and Members of the City Council C!T Y OF NEVNP04T !_ —� FROM: Public Works Department NOV ? % 1993 SUBJECT: CENTRAL LIBRARY FURNITURE BIDS (C -2778) ... ; � A R�VE�. RECOMMENDATIONS: 1. Approve of California Business Interiors request to withdraw their bid on Contract C- 2778 -B. 2. Approve awarding of Contract C- 2778 -B to Newport Business Interiors in the amount of $50,221.80. DISCUSSION: The City Council at the October 11, 1993 meeting approved the award of Contract C- 2778 -B for Lounge Furniture to California Business Interiors in the amount of $45,305.04. Subsequently a • contract was submitted to California Business Interiors at which time they discovered that they had neglected to include sales tax. They then requested that the sales tax be added to their bid which would still leave their total less than the second low bidder. However, since inclusion of the sales tax was a requirement of the bid proposal we rejected their request. California Business Interiors then submitted a letter dated November 4, 1993 (copy attached) requesting approval for withdrawal of their bid. The second low bidder was Newport Business Interiors in the amount of $50,221.80. They have been contacted and they are still willing to accept a contract for this amount. A"W�� �4� ' Benjamin B. ^!olan Public Works Director • DCS:so Attachment CALIFORNIA BUSINESS INTERIORS 18207 E. McDurmott, Irvine, CA 92714 ❑ 7141474 -0377 o FAX: 714/975-0746 November 4th, 1993 Shaun Oyler Executive Secretary City of Newport Beach Public Works Department P.O. Box. 1768 Newport Beach, Ca 90670 Dear Shauna, I regret that California Business Interiors will have to withdraw their bid package #2778B. This action is the result of a human error in the addition of the California State sales tax to the sell price of the products being bid. We take this action because the City of Newport beach would rather California Business Interiors withdraw their bid rather than add the amount to the bid numbers even though that price would be lower than the next bidders number. We regret the inconvenience this has caused and look forward to working with you in the future. yp iL vNf-�T Rebecca Skinner Account Executive NOV 1 61993 C7 • • • r 1 • November 8, 1993 CITY COUNCIL AGENDA ITEM NO. 7 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: CENTRAL LIBRARY COMMUNITY ROOM FURNITURE BID CONTRACT NO. 2778 -D RECOMMENDATIONS: 1. 2. DISCUSSION: Reject the bid of Hodkinson Torbenson responsive. BY THE CITY Uf 1_6' rY OF NEWPORT P°'.fii NOV R 1993 ROVED as non- Award Contract No. - 2778 -D to Conde House for $38,640. Ten bids were received for the Central Library Community Room furniture, the last element of the library furniture package. A copy of the bid summary is attached for reference. The apparent low bidder, Hodkinson Torbenson, proposed a substitute chair that was significantly different and lower in quality than was specified. Some of the specific deficiencies are: (1) both wood and metal finishes are less durable, and poorer in appearance; (2) not as flexible and comfortable; (3) unsuitable appearance; (4) poor design detailing, with exposed fasteners and rough exposed welds; (5) poor stacking design; and (6) the requirement for submitting specified independent test results was not met. A copy of a letter from the Project Architect documenting the review of the proposed substitution is attached for reference. It is recommended that the bid of Hodkinson Torbenson be rejected as being non- responsive. The total of the low bids received for the seven furniture contracts is well within the estimate and the amount budgeted in Account No. 7025- 08400012. Bid prices include delivery, installation, and applicable taxes. Furniture will be delivered and paid for at a later date when the project is ready for furniture installation. / (1 ` a Benjamin B. Nolan Public Works Director BBN:so Attachments {lam N E1 N U w D F- Z J LL < X W J � m � O J m Z W U 0 0 • is v to to K v m W 0 o. N CL E N 0) w 0 o in o Oi N V No N O I O po Irc,610, I (D W l7 (D fD rl � N 00 N 00 n 00 Go coo W r °D U n v Ln Go (CL CIL I to N t0 O C1 N v N r CD N W r r co U 00 0 ;z 0 o In W n Wk N to n r V co C4 V co 0 00 0o O m a o o N o a0 to N tV O w m O N V O r n co I r o o O v t• C7 R O co w N O t0 N N Y h co V to V 00 U coo 0 0 0 0o tl) to G) co r N N N OOi V V C M °ro n 0m, 00• o m r ° coo 03 fV fV N fV O �� N N co co co m r r V M N m N v U Ln Lo vii trr) Lc) r 0) o o O o 0 o O 0 aD o to 0 0 0 0 o e o 0 0 Gr cq T N r Q r N coo co N O1 V N V O V W) O h N m OI N O r r N N t0 N r O co O N N N t0 IT O O O O a t0 r N r N .- r r r N (V N c0 N N fV U c 0 U W c O `o � O O z W � •c a> c E Mpg H c c L C 0� N OIL C O y O v o 0 W > Fn C N H ID O m 3 m LL C m co (D O C W = o U W N N = N cc m o o 1 d o to w <2 x 3 m n j Lx .y. O N W d O W O O Z > W (4 m U U • is v to to K v m W 0 o. N CL E • JAMES LAVON PIRDYAIA ARCHITECTS PLAME13,15 CONSULTANTS Pont -It` brand fax transmittal memo Wn • October 26,1993 LaDonna KMtz . Head librarian Newport Beach Public Library 856 San Clemente Drive Newport Beach, CA 92660 Regarding: Newport Beach Central Library Meeting Room Chair Substitution I a*?:ta Ril..TTiT iT4 We would like to document the observations we made while comparing the Conde House Stack Chair (No. 1122 WS) with the proposed substitution of the custom modified "Data" chair by Dimsau. The chair has black PVC arm rests with beech seat and back. There area number of points we will make. These points win lack specifics as the submitted literature related to the standard PVC chair not the modified version using beech wood. Some of the technical data had not been translated which also limited our review. •Wood Finishes The quality of wood finishes differed significantly. The specified chair had a smooth continuous finish front and back while the proposed chair had overspray along with some areas that had not been completely finished. There was an apparent lack of quality workmanship. Mewl Finishes • The metal finishes were also substantially different. The specified chair has a very durable elastomeric paint that will endure. The proposed chairs finish was a high gloss metallic paint that will likely be more vulnerable to damage and wear. Comfort Though the standard plastic proposed chair had a high degree of flexibility, making it quite comfortable; the wood version of this chair is not as flexible. As a result, it does not offer the comfort advantage hoped for initially_ The arms do still offer a bit more comfort and a degree of separation between patrons. . 4ppearance It should be noted that the proposed substitution is a completely different chair. There is no resemblance to the Conde House Stack Chan This raises aesthetic issues regarding the compatibility of the proposed chair within the overall design concept. The two chairs are not equal in appearance. 260 NEWPORT CENTER DRIVE ST. 100 NEWPORT BEACH CA 92660 714 729 -9250 la, - _. z .. 0 0 Design Detailing Paso 2 The chairs vary most significantly in design detailing. The proposed chair employs exposed fasteners and exposed welds that are not ground smooth. This gives the chairs a simplistic, undeveloped appearance. On the • other hand, the Conde House Stack Chair has no exposed fasteners and any welds are well disguised and smooth. The resulting appearance is clean and sophisticated. Stacking Method On the functional side, it appears that the proposed chairs would be difficult to stack. The guides would require careful allggnment to pro dy nest. The leg ends have small projections for nesting that appear vulnerable to damage. 11 a Conde House Chairs would seem to stack much easier with protection provided by hidden bumpers on the bottom of the seats. Independent Testing There is also the question of testing. The Conde House chair was submitted with test results that exceed the BIFMA requirements set forth in the bid documents. There was no such test information available for the proposed substitution. It is our understanding that the test results submitted were for the standard Data Chair of black PVC not the modified wood version. To select this chair without proper testing would be an unadvisable, risk. Method of Substitution Within the bid documents there is no provision made for the evaluation of substitutions during the bid period. According to Section 2, paragraph 2.02 Substitutions, "submittals for substitutions are to be made within 30 days after the award of the contract." it is our understanding that the representative should submit his bid baud • on providing the Conde House Stack Chair. Evaluation of proposed substitutions is to occur after the bid has been accepted. In conclusion, we feel that the proposed substitution is not an equal to the specified Stack Chair by Conde House. Though the proposed substitution may be less expensive, we believe the Conde House Stack Chair represents a good value and will serve the needs of the library quite well. Best regards, James Lawson Pi , A.I.A., In j Chris Cloud Bradley Project Architect CCBfPY c.c. Peter wittkaistein Joseph Vincent • a 0 THE —CITY-- FOT ' OF NEWPORT H s OCT 1 1 1993 ! October 11, 1993 I CITY COUNCIL AGENDA AP MVED i ITEM NO. 3 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: CENTRAL LIBRARY FURNITURE BIDS RECOMMENDATIONS: Approve awarding of contracts to the following Bidders: Contract No. Description C- 2778(A) C- 2778(B) C- 2778(C) C- 2778(E) • C- 2778(F) C- 2778(G) • Custom Furniture Lounge Furniture Reading Chairs Office & Conference Room Bidder Vertex California Bus. Interiors Systems Source Vertex Miscellaneous Furn. Systems Source Systems Furniture Systems Source Total of all bids DISCUSSION: Amount $127,711.87 45,305.04 35,508.00 11,500.45 72,148.00 103.144.05 $395,317.41 Bids were received and opened on August 11th for five furniture bid packages C- 2778(A) through C- 2778(F). On September 23rd bids were received and opened for furniture bid package C- 2778(G). A summary of the bids received is attached. The low bid for C- 2778(C) was rejected because their proposed substitution was not equal to the item specified. The apparent low bidder for bid package C- 2778(D) has proposed a substitution that is still being evaluated. This bid is for the meeting room stacking chairs and is in the amount of $28,058. A recommendation for the award of this contract will be withheld until it is determined that the substitution is equal to the item specified. The total of the low bids received is well within the amount budgeted. Funds have been budgeted in Account No. 7025- 08400012. The prices submitted for all bids include delivery, installation and applicable taxes. The furniture will not be delivered and paid for until the construction contract is complete. ThG� for „the furniture are firm through April 15, 1994. Benjamin B. Nolan Public Works Director W H Z J � } X LL Q J D a �D m � O J m Z W U 6 0 0 v d m P m 6 d a EE C o Oi N co O) O 00 N N l7 t0 W � �p N l7 i0 m N O O N 40 r .L V r- r- a m O W n O m C LL N co h V co r ((1p: ti 1c0 O] V m (0 n W m °a n n y °o ao o r N Iri v ti h N c°o r n N r V M r r r n N O Y O N O O 00 cO N N O 40 t0 C fV V C O N r r � a^O M co N O m co (� Y h N V V M ° U 'DR R o o° 0 n n o r M (� l� °r° ° m n ° OMO n coo o a r co co Nr tV ] N co n CO' U coo � v ao o m o 0 0 0 o v o 0 0 Q .- m r In n co N co a0 N O 11 r m co V N m V N 00 I, 1� O V 10 O 1A N M 0 N O n n N N O O (y m G O Y r 1� 1� N 0 r� 00 N N V O o M N N r- N N N M N N N CS c 0 U ru C E O ° 12 • °c ° d iC C C LL gg 3 c C •(Op � ED d N y� F 7 m N m LL V°1 fd p C m O N O r U W W x c m' m a o ro C F C .19 E O W O Z W 0 m U f U U I loll 0 v d m P m 6 d a EE C CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 �J8 -7ijttaircG2� TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: June 18, 1992 SUBJECT: Contract No. C -2778 Description of Contract Central Library Effective date of Contract June 18, 1992 Authorized by Minute Action, approved on jump 8, 1992 Contract with Koll Constriction Seal Beach, CA 92704 Amount of Contract $8,071,000.00 "94a�a' tf Wanda E. Raggio City Clerk WER:pm Attachment. / 3300 Newport Boulevard, Newport Beach .._. , .a., �' ice_ -�._. � � -�, .a:L.., - .�: �..;:, _a �..:. ..,- �.= NOTICE INVITING BIDS Sealed bids maybe received at the office of the City Clerk. 3300 Newport Boulevard. P. 0. Box 1766, Newport Beach, CA 92659 -1766 until 11:00 a.m. on the 21st day of MRY 1992, at which time sum bids shall be opened and read for CENTRAL LIBRARY Title of Project C -2778 tract O� �E 0 left � x Approved by the City Council this 13th day of APRIL . 1992. �d Banda E. Rag City Clerk vv 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 1766. Newport Beach, CA 92659 -1769. The first set of Bid Documents will be available to General Contractors at no cost. Rddttional sets will be available at cost. For, further, information, call Don Simpson at 644 -3311. Project Manager 1. Notice Inviting Bids 2. Proposal 3. Instructions to Bidders 4. Designation of Subcontractors 5. Bidder's Bond 6. Non - collusion Affidavit 7. Notice to Successful Bidder 8. Payment Bond 9. Faithful Performance Bond 10. Certificate of Insurance 11. General Liability Insurance Endorsement 12. Automobile Liability Insurance Endorsement 13, Workers' Compensation Insurance Certification 14. Contract CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMEN PROPOSAL CENTRAL LIBRARY CONTRACT NO. 2778 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659 -1768 Gentlemen: PR 1.1 The undersigned declares that he has carefully examined the location of the work, that he has examined the Contract Documents, and hereby proposes to furnish all materials and do all work required to complete the construction. of the Central Library under this contract in accordance with the Contract Documents, and that he will take in full payment therefore the following prices for the completed item of work, to wit: ITEM LUNP ITEM DESCRIPTION AND TOTAL NO. 8U![ UNIT PRICE WRITTEN IN WORDS PRICE 1. Lump Construct Central Library Sum including site work and an allowance of $75,000 for graphics and signage and the donor wall. TOTAL BASE BID Eight Million ONe Hundred and Twenty Thousand Dollars and 0 Cents (WORDS) $ 8,120,000.00 (FIGURES) • 0 PR 1.2 ITEM LUMP ITEM DESCRIPTION AND TOTAL NO. SUN UNIT PRICE WRITTEN IN WORDS PRICE r: A The following items are deductive bid items. The alternate bid price for each item shall include all costs associated with the item including overhead and profit. After the bids are received, but prior to Contract award, the City will select the alternates to be accepted. The bid amount of each alternate selected by the City will be deducted from the Base Bid. The award of the Contract will be made on the basis of the lowest Base Bid after the selected alternates have been deducted. No priority is indicated by the listing of the alternates. The City reserves the right to select any or all of the alternates. 1. Lump Change all copper roofing, Sum gutters, ridges and flashings to factory- coated sheet metal, per Sections 7410 and 7600 of the Specifications. (Not Accepted) Thirty Thousand Dollars and 0 /100 Cents 2. Lump At all locations shown on the Sum drawings and specified in Section 9680 as carpet No. 1, substitute carpet No. 2. (Not Accepted) Ninety Eight Thousand Dollars and 0 /100 Cents 3. Lump Change size of all Alleppo sum pine trees (Pinus Halaepensis) (Accepted) shown on drawings L1.1 and L1. to 15 gallon size Twenty Nine Thousand Dollars and 0 /100 Cents 4. Lump Delete exterior slate paving Sum P3 shown on Drawing A 1.3 and (Accepted) substitute concrete paving Pi (Light Acid Etch Finish). Nine Thousand Dollars and 0 /100 Cents $ 30,000 $ 9,800 $ 29,000 $ 9,000 1 C • PR 1.3 ITEM LUMP ITEM DESCRIPTION AND TOTAL NO. SUN UNIT PRICE WRITTEN IN WORDS PRICE ALTERNATE BID ITEMS: 5. Lump Delete portion of the building Sum containing rooms 153 and 207 and connecting halls. (Not Accepted) One Hundred Forty Three Dollars Thousand and 0 /100 Cents $143,000 6. Lump Reduce the size of the Canary Sum Island date palms to 10 foot (Accepted) brown bark. Four Thousand Dollars and 04100 Cents $ 4.000 7. Lump Delete portion of Sector 2 Sum planting and irrigation shown (Accepted) on Sheets L1.2 and I 1.2 westerly of entrance drive. Five Thousand Dollars and 0 /100 Cents S 5,000 S. Lump Delete the satellite audio Sum receiving dish and satellite (Accepted) audio receiver as shown on Drawing EA -4.1. Two Thousand Dollars and 0 /100 Cents $ 2,000 UNIT PRICE ITEMS: 1. Square Increase or decrease the Foot -inch thickness of the base rock one inch 0 Dollars and Twelve Cents $ .12 $ .12 Per Square Foot -inch 2. Square Increase or decrease the Foot -inch thickness of the asphalt paving one inch 0 Dollars and Twenty Two Cents $ •22 $ •22 Per Square Foot -inch • • PR 1.5 ITEM LUMP ITEM DESCRIPTION AND TOTAL NO. sum UNIT PRICE WRITTEN IN WORDS PRICE SEGREGATED ITEMS: The following items are included in the Base Bid and are for the owners' use in allocating funds. The prices are to include a proportional share of overhead and profit. 1. Lump Casework, complete with slate Sum counter tops, plastic laminate counter tops, hardware and installation. Ninety Thousand Dollars and 0 /100 Cents $ 90.000 2. Lump Metal book shelving complete Sum with stack lights and installation. Three Hundred Fifty Four Dollars Thousand and 0 /100 Cents $354.000 3. Lump Window shades complete Sum with integral metal housing, wiring, switches and installation. Eighty Six Thousand Dollars and 0 /100 Cents $ 86.000 Page 2 INSTRUCTIONS TO BIDDERS The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: PROPOSAL (Page 1) INSTRUCTIONS TO BIDDERS (Page 2) DESIGNATION OF SUBCONTRACTORS (Page 3) BIDDER'S BOND (Page 4) NON - COLLUSION AFFIDAVIT (Page 5) 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 documents. The City of Newport Beach will not permit a substitute format for the documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Bid Alternates are included in the proposal. The lump sum prices bid are to include all costs associated with the item including overhead and profit. After the bids are received, but prior to Contract award, the City sill select the alternates to be accepted. The bid amount of each alternate selected by the City will be deducted from the Base Bid. The award of the contract will be made on the basis of the lowest Base Bid after the selected alternates have been - deducted. The City shall not be held respon- sible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 3/92 0 . Pk 1.4 TKCC, Inc., a California corporation 491751 Class B dbkKoll Construction Contractor's License Bidder No. & Classification 310 - 594 -5577 Bidder's Telephone No. Adth6r44ed Sieffiature /Title DouglasvA. Grassman, Vice President Division Manager May 21, 1992 3020 Old Ranch Parkway, Ste. 250. Seal Beach. CA 92704 Date Bidder's Address Page 2A 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 insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." All documents shall bear authorized to sign on behalf of signatures shall be of a coi authorized by the corporation. shall be of a general partner. shall be of the owner. signatures and titles of persons the bidder. For corporations, the -porate officer or an individual For partnerships, the signatures For sole ownership, the signature 491751 Class B Contractor's License No. & Classification TKCC, Inc., a California corporation dbaKoll Construction Bidder jWthopfzed Signature /Title Doug as A. Grassman, Vice President Division Manager May 21, 1992 Date 3/92 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Subcontract Work Subcontractor Address 1. Earthwork So. Calif. Grading Irvine, CA A.C. Paving All American Corona, CA. 3. Site Concrete Shaw & Sons Costa Mesa, CA 4, Site Utilities Mike Cronin Santa Ana. CA 5. Landscape /Irrigation - Tracy & Ryder Santa Margarita, CA 6, C.I.P. Concrete Performance Orange, CA 7• Reinforcing Steel Rebar Engineering Santa Fe Springs, CA 8. Cut Stone Amerita Brea. CA 9• Structural Steel Peck Steel Tucson. AZ 12. TKCC, Inc., a California corporation B',M' der ro n¢t nirt inn Bid DouglA A. Grassman, V.P. Division Mgr. ESIGNATION OF _SUBCONTRACTOR(S 3A State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. 1. Subcontract Work Finish Carpentry /Millwork Subcontractor Orange Woodworking Address Orange,/CA 2. Metal Roofing /Sheet Metal Aetna Los Angeles, CA 3. Aluminum /Glass /Glazing Queen City Palm Springs, CA 4. Lath /Plaster & Drywall D & G Anaheim, CA 5. Acoustical Ceilings Eiljay Orange, CA 6. 7. Flooring Painting Flooring Concepts Foster Newport Beach, CA Tustin, CA g, 9, Stacking Shelves Window Shades Yamaha Shoeward & Sons Huntington Beach, CA Newport Beach, CA 1o. Elevators Dover Anaheim, CA 11. Fire Sprinklers Fire Alert Woodland Hills, CA 12. Plumbing Pangburia Los Angeles, CA TKCC, INc., a California corporation dba Koll Construction Bidder A=040ed Sl nature /Title Dougl A. Grassman, V.P. Division Mgr. i i 3B • State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer a,i in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Laach. Subcontract Work Subcontractor Address 1, HVAC Central Air Placentia, CA Electrical Anderson & Howard 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. TKCC, Inc., a California corporation dba Koll Construction Bidder A. Grassman, V.P. Division Mgr. i 0 May 11, 1992 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. I INCORPORATION VERIFICATION FORM NEWPORT BEACH CENTRAL LIBRARY CONTRACT NO. 2778 Bidders shall propose to complete Conum No. 2778 in accordance with the Proposal as modified by this Addendum which includes the following: PART I VOLUME I - BIDDING REQU RE (MM Item No. BR -1 thru BR -3 PART H VOLUME? II - SPECIFICATIONS Item Nos. SP -1 thru SP-23 PART M DRAWINGS Sketch Nos. SKC-1 thru SKC-77 SKM -1 dnu SKM-6 SRLr1 thm SKL-4 SKP -1 thin SKP -2 SKA -1 dun SKA-65 SKE-1 thru SKE-24 . SKS-1 thm SKS-37 Please g jgp and d= this farm, and anwh h to I No bid will be considered unless this form acknowledging ADDENDUM NO. 1 is attached. TKCC, Inc., a California corporation dba Kolll Construction � � �- DoIDDdiSlas Grassman. V�v P. Division Mgr. SIGNATURE May 21, 1992 Date • May 15, 1992 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. TWO INCORPORATION VERIFICATION FORM NEWPORT BEACH CENTRAL LIBRARY CONTRACT NO. 2779 Bidders shall propose to complete Connect No 2778 in accordance with the Proposal as modified by this Addendum which includes the following: rum 17TV PART I VOLUME II - SPECIFICATIONS Item Nos. SP -1 thru SP- PART H DRAWINGS Item Nos. DW 1 thru DW-6 TKCC, Inc., a California corporation dba Koll gonstruction BIDDI ion Mgr. SIGNATURE M941. * -19 -92 TUC 11 :23 H £ PU81_1L: WORKS CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT CONTRACT NO. 2778 ADDENDUM NO, 3 1 4i 4 4 3 3 1 L' NEWPORT BEACH CENTRAL LIBRARY NOTICE TO BIDDERS: r . 11 . May 19, 1992 BIDDERS shall propose to complete Contract No. 2778 in accordance with the Plans, Proposal and Contract Documents as modified by this Addendum No. S. Section 02720 Sewer Systems Part 2 - Products Delete 2.O1A and replace with the following: 2.01A - Reinforced Concrete Pipe: ASTM C -761 D -Load as indicated, with tongue and groove joints complying with ASTM C -655. Donald Simpson Project Engineer I have carefully examined Addendum No. 3 and hereby consent to it being made a part of our proposal. TKCC, Inc., a California corporation May 21, 1992 dba Koll Construction _ DATE B D u 1 V-P_ nivisinn Mgr. Authorized Signature • • Page 4 BOND NO: 361353 -92 -29 CO- SURETY KNOW ALL MEN BY THESE PRESENTS, BOND NO: 804020133 -92 -28 i oxyll That we, TKCC, INC., a California Corporation, DBA: KOLL CONSTRUCTION as Principal, hereinafter called the Principal, and the SAPECO INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Washington, having its principal place of business at Seattle, Washington, and the INSURANCE COMPANY OF NORTH AMERICA, a corporation organized and existing under the laws of.the Commonwealth of Pennsylvania, having its principal place of business at Philadelphia, Pennsylvania as Co- Sureties, are held and firmly bound unto the City of Newport Beach, California, in the sum of TIN PERCENT (108) OF THE TOTAL AMOUNT BID IN Dollars ($ ----- - - - - -- ), 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 (Title of Project and 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) after the date of the mailing Notice of Award to the above bounden bidder by and from said City, then this obligation shall become null and void; otherwise it 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 Sureties from its obligation under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 14th day of May , 1992. TKCC, INC., a California Corporation ` DBA: KOLL CONSTRUCTION SAFECO INSURANCI COMPANYOF Bidder (Attach Acknowledgment OfAtt ney -In -Fact) '! Authorized Signature /Title (Attorney -in -Fact) 4 -� Francis G. Jarvis, J Notary Public Commission Expires: (Attorney -in -Fact) Francis G. Jarvis, �X ACKNOWLEDGMENT BY SURETY STATE OF CALIFORNIA County of ORANGE ss -on this 14th day of May in the year 1992 , before me - T11inTTH K_ MINNINGHAM Notary Public personally appeared Franefc C .Iarvlay Tr personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this -tinstrument as the Attorney -in -Fact and acknowledged to me that he (she) subscribed the name of j + SAFF.CO Insurance Company of America thereto as Surety and his (her) own name as Attorney -in -Fact. ( IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at my office in the aforesaid County, the day and ;year in this certificate first above writ - OFFICIAL SEAL ' JUDITH K. CU H fL�ary Public NOTARY PUBLIC • CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY 5 -1157 8111/85 MY COMMISSION EXPIRES SEP. 30, 1992 I 4" STATE OF CALIFORNIA as: COUNTY OF ORANGE I JUDITH K. CUNNINGHAM a Notary Public in and for said County, in the State aforesaid, do hereby certify that Francis G. Jarvis, Jr. of the INSURANCE COMPANY OF NORTH AMERICA, who is personally known to me, appeared before me this day and acknowledged that Francis G. Jarvis. Jr. signed, sealed and delivered the foregoing instrument as his free and voluntary act as Attorney -in -Fact of the INSURANCE COMPANY OF NORTH AMERICA, and as the free and voluntary act of the INSURANCE COMPANY OF NORTH AMERICA, for the uses and purposes therein set forth. Given under my hand and Notarial Seal this 14th day of May A.D. 1999 - - -- - -- . N . - . /', , BS 9M39 Pfd. In U.S.A. JUDITH K. CUNNINGHAA NOTARY PUBLIC - CAUFORNI PRINCIPAL OFFICE IN ORANGE COUNTY 7 STATE OF C II COUNTY OFALIFORNI�Aange }ss. On this Tomh day of may , in the year 1992, before me, the undersigned, a Notary Public in and for said State, personally appeared yictrir n Tai M=oi ftv r hivp Vir Prasairlant -ti w nT l r ntien personally known to me JOAN K. UANOEUN (° e) to be the person_ whose name_ c :+ COW NOM77 is subscribed to the within instrument, and acknowledged to me that _he_ NowyPubrweaeiorma executed it. ORANGE COUNTY ryty ocm .expires FEB °5,1996 WITNESS my hand and official s Nota Pubh In and for said State. Aucxow�oswexr- sera- woioan rmm z�cx -aw. sex �:� POWER SAFECO INSURANCE COMPANY OF AMERICA fi��Jl • OF ATTORNEY • GENERAL INSURANCE COMPANY OFAMERICA HOME OFFICE: SAFECO PLAZA SAFECO SEATTLE, WASHINGTON 98185 No, 3125 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation, does each hereby appoint ------------------ - - - - -- FRANCIS G. JARVIS, JR., Costa Mesa, California---- - - - - -- its true and lawful attorney(s) -in -fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 28th day of ARril .19 89 . CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. — FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of- attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of- attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof. "" 1, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 14th day of May— , 19 92 5- 974 810 3/96 MIMED IN usA POWER OF • Ir wane Comny pa of North Arnedc . 402833 ATTORNEY o CIC"A COR1pQ1y Know all men by these presents: That INSURANCE COMPANY OF NORTH AMERICA, a corporation of the Commonwealth of Pennsylvania, having its principal office in the City of Philadelphia, Pennsylvania, pursuant to the following Resolution, adopted by the Board of Directors of the said Company on December 5. 1983, to wit: 'RESOLVED. Thai pswanl to MOM 3.10 and Ai of the By -lame. Me k4chring Ruses tlm 90Nrn Me execution for IM Company of hinds. untlWaking% recogmrances. tAnb'aCb N! other Wiunpe in 1M MIUe tMNaf: g) That Me Preadem. any Senior nice Preeibem, any Vice President. any Amatera nice Phasudent. or a" A0~ WFaC1. may exscule for and on b"tof Me y any and all Cows. undwtaJung% recogn M:ea. emlNBC &W OthW Mi n9s in ni ntlero lM MI. IM e4M O M aIMWd mini eGeYy 1 y 9M CdpO aN Secretary, > a y AfaWM a se"ary. and the pal of Me Cpmpany af0wd Memo: and Ines 1M Preadws. my senior mm President, arty via Pnaden0 Or any Asaa� v� President may appoint and MAMdza any odor oficw (electedorappoinedif of McC gm".and AUoffwpi Facltopa ooraliealbIMexecution Ofallax:nwdYngacnb"fof acompanyandbaRx Mee ofIMCompanyth"o. (2) Any such mating exaculeo In accordance With these RMSs shall be es binding upon the Company in any Cep is dough signed by the President and hawed to by Me Corporate Secretary. G31 TMa9ptureofthe PraaNM. are SeniorY"PreaMra. ma nip Presibent. or arty AmmonVke Pnsidest ant fugal Of MScMrpany maybe mixed by faCeirrdlsonanypowrofanomey gamed PunueM o INS Resdudon. ant dM algnatre d a Certifying o0lwaM tlu pal d err Canwm/ may be aMzsid by facsimtieto antcrusty. aliem/axh power, and amy axh power or Certificate bsadng amb fa mile signature and has shad be valid ant binding on 1M Company. . (4) Such other pficars of Me Company. and AtiorrwysinFaol shad Iron authority o cwtih or holly, copies of dda Resolution. IM attaws of IM Corryfany. And any aMdmt or acrd of the Company neppary to d10 oischage of Mar duties. R) The papepe of dole ResolWOn doers not remke any earlier wAhodty framed by Reooludons of MIS Board of Directors adopted On June 9.1953;" 20.1975 and March 23,1977.' does hereby nominate, constitute and appoint F. E. IIDGRAND and FRANCIS .G.- JARVISI .JR. Of the City of Newport Beach, State of California Y U) O Q m 'O Y m of N of N of mof � U � O? iu > m� of N Od m0 a to t77'- L Y Q C Em O� 'O T > m 0 ` O ZU each individually it there be more than one named its true and lawful attomeyin -fact, to make, execute, seal and deliver ari its behalf, and fi its act and deed'arly and all bands. undertakings, retogrizances, contracts and other writings in the nature thereof in penalties not exceednp FIFTY. MILLION -- DOLLARS (a 50.000:000: ': j each, and tree execution of such writings in pursuance of these presents, shall be as binding upon said Company, as fully. and ampy,asif they had :been -duty executed and acknowledged by the regularly elected officers of the Company at its principal office. `. IN WITNESS WHEREOF; the said R. E Giveans, Vice - president, :has 'hereunto subscribed his name and affixed the tbnparate "seal of the said INSURANCE COMPANY OF NORTH AMEICA this 22ryd day of April tg92_ .z • v « .. INSURANCE COMPANY OF IJ�R AM91lCA . . , COUNTY OF PHILADE On this the Co miinia"th o OF NORTH AMERICA that he executed IN �� OF ($S AL) to �Q is %^ in and to ft�@ Carmy *Ocao4l (iy krnartl tole the irtdviklwl ardiCer Y±►1� tat the.seal affxed, to the prelq�rl,�?rtstltirf to duly affix ed \tiy. the al8hlnry aY.Krectido referred to frt d1e;Prec?dtlp Ind; ttiament. istlpv I. have hereunto set iiiy hared and; riff &ed'fi NOTARIAL SEA1 <; CARRIE.M RAYS0R; NIf taty Fub8c. s PhB9daLfhia It' g l;. 'the IrWe�ii�►�NJ1iaCYetary of ISt1RANCE Co PANY OF NORTH AI which the foregoing is a full; true_and correct copy, is in full force and effect. in witness whereof, I 'have ' hereunto subscribed my name'" Si 34th day 8.S-33363b: OF ATTORNEY MAY�NOTBEf1 in USA - %cam 4�0at'the said _Apopted by the r. ue'day . and year ou 1 .: X., 'uy :.�` t:QBghaik 6E1dyfE�460 A7TG1((NEY, of a ,ILE'GNEANS.YIee President .before ink a 66iaii.P..ublic of 4�0at'the said _Apopted by the r. ue'day . and year ou 1 .: X., 'uy :.�` t:QBghaik 6E1dyfE�460 A7TG1((NEY, of a Page 5 State of California ) ) ss. County of Orange ) Douglas A. Grassman , being first duly sworn, deposes and says that he exx�eiis 1S V.P. Division Mgr. of Koll construction , the party making the foregoing bid; that the Hid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, south by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury hat the f egoing is true and correct. TKCC, Inc., a California corporation -d Koll Constructinn r. Bidder Aut or zed Signa ure /T t e Subscribed and sworn to before me this 21 day of May , 19 92 . Commission [SEAL] JOAN K. 9AZLIN ` COWA .953677 � y �r awwceor«ae ORANGE COUNTY My Comm. expires FEB 05.1996 0 0 Page 6 The following contract documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of mailing Notice of Award to the successful bidder: PAYMENT BOND (Page 7) FAITHFUL PERFORMANCE CERTIFICATE OF INSURA GENERAL LIABILITY INS AUTOMOBILE LIABILITY WORKERS' COMPENSATION CONTRACT (Page 13) BOND (Page 8) NCE (Page 9) URANCE ENDORSEMENT (Page 10) INSURANCE ENDORSEMENT (Page 11) INSURANCE CERTIFICATION (Page 12) 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. Payment and faithful performance bonds shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of 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 Ratina Guide: Property - Casualty. Coverages shall be proviaea as speci=iea in cne Works Construction, except as by the The Workers' Compensation Insurance Certification shall be executed and delivered to the Engineer along with a Certificate Of Insurance for workers' compensation prior to City's execution of the Contract. 3/92 0 0 EXECUTED IN FOUR (4) COUNTERPARTS PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the California, by motion adopted June 8. 1c. "Principal ", a contract for CENTRAL LIBRARY in the City of Newport Beach, in strict Specifications and other contract documents the City of Newport Beach, all of which reference; BOND NO: 5725855 BOND NO: K04023109 Page 7 'Tho Premium char: :ed '�-e ON fkmd is included in That shorn na the Performnucc lkmd." City of Newport Beach, State of 2 has awarded to TKCC. INC., �q N hereinafter designated as the (Contract No. C2778 ) conformity with the Drawings and in the office of the City Clerk of are incorporated herein by this WHEREAS, Principal has executed or is about to execute Contract No. C -2778 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Sureties on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, we, TKCC, INC., a California Corporation, DBA: KOLL CONSTRUCTION as Principal, and SAFECO INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Washington, having its principal place of business at Seattle, Washington, and the INSURANCE COMPANY OF NORTH AMERICA, a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal place of business at Philadelphia, Pennsylvania as Co- Sureties, are held firmly bound unto the City of Newport Beach, in the sum of EIGHT MILLION SEVENTY ONE THOUSAND AND NO /100 Dollars ($8,071,000.00), said sum being equal to 100% of the estimated amount of payable by the City of Newport Beach under the terms of the contract; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION O THIS OBLIGATION IS SUCH, that if the above bounden Principal, or his /her subcontractors, fail to pay for any materials, provision, 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 Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, 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 Sate of California. i BOND NO: 5725855 BOND NO: K04023109 Page 7A 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 a right to them or their assigns in any suit brought upon this bond, as required by and in accordance with the provisions of Sections 3247 et. seg. of the Civil Code of the State of California. And said Sureties, for value received, hereby stipulate and agree that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions 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 Sureties from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Sureties, on the 4TH day of JUNE , 1992. A TKCC, INC., a California Corporation, DBA: KOLL CONSTRUCTION Name of Contractor (Principal) SAFECO INSURANCE COMPANY OF AMERICA Name of Surety P. O. Box 25150 Santa Ana, CA 92799 -5150 (714)963 -0900 INSURANCE COMPANY OF NORTH AMERICA Name of Surety P. 0. Box 11019 Orange, CA 92667 (714)939 -5746 E Douglp§ Grass an, V.P., Divisi ` ager Authorized Agent SWatura Francis G. Ja4wlsl -"i, Attorney -in -Fact Authorized Agent S' ,,u,Ysa-- - Francis G. Ja viC, Jr., Attorney -in -Fact. NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED i NOWLEDGMENT / OI County of Lam' i OFFICIAL NOTAEAPR16,1995 j':y. §. .•'�• SUSANNE V. C s m - Notary PudiC— `i . ORANGE CO MY Comm. Expires NO. all On this the // Y4 day of the undersigned X personally known to me personally appeared 19-M, before me, to be the person(e) whose names} [a/ subscribed to the within instrument, and acknowledged that executed it. hand and official seal Signature ATTENTION NOTARY: Although the inionnation requested below is OPTIONAL, a Could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Signer(s) Other Than Named Above Date of Document N11110NALNOV .9YASSOf7RIDN- EMPerm Am..P.o.Bw71B4 -Ca Pwk.CA 913147161 STATE OF CALIFORNIA } ss: COUNTY OF ORANGE ) I JUDITH K. CUNNINGHAM a Notary Public in and for said County, in the State aforesaid, do hereby certify that Francis G. Jarvis. Jr, of the INSURANCE COMPANY OF NORTH AMERICA, who is personally known to me, appeared before me this day and acknowledged that Francis G. Jarvis. Jr. signed, sealed and delivered the foregoing instrument as his free and voluntary act as Attorney -in -Fact of the INSURANCE COMPANY OF NORTH AMERICA, and as the free and voluntary act of the INSURANCE COMPANY OF NORTH AMERICA, for the uses and purposes therein set forth. Given under my hand and Notarial Seal this 4th day of June , A.D. 1992 16 OFFICIAL SEAL JUDITH K. CUNNINGHAM NOTARY PUBLIC • CALIFORNIA 6S 9&139 Pid. �n U. S.A. PRINCIPAL OFFICE IN ORANGE COUNTY ACKNOWLEDGMENT BY SURETY STATE OF CALIFORNIA County of ORANGE ss on this 4th day of June , in the year 1992 , before me JUDITH K. CUNNINGHAN Notary Public personally appeared Francis G Jarvis Jr personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney -in -Fact and acknowledged to me that he (she) subscribed the name of SAFECO Insurance Company of America thereto as Surety and his (her) own name as Attorney -in -Fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at my office in the aforesaid County, the day and year in this certificate first above writt OFFICIAL SEAL i - JUDITH K, CUNNINGHAM \ Notary Public _ - NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY 5.1157 R2 12/85 MY COMMISSION EXPIRES SEP. 30, 1992 EXECUTED IN FOUR (4) COUNTERPARTS BOND NO: 5725855 BOND NO: K04023109 Page 8 I�MfY PMT dWW !o► 1W bond N FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That S58.514.00 to d upon oompNtlon d mad at dppMudlM nKS of OW cw&sd prla. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted June 8, 1992 has awarded to hereinafter designated as the "Principal ", a contract for CENTRAL LIBRARY in the City of Newport Beach, in strict conformity with the Contract, Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach, all of which are incorporated herein by this reference; WHEREAS, Principal has executed or is about to execute Contract No. C -2778 and the terms thereof require the furnishing of a bond for the faithful performance of the Contract; NOW, THEREFORE, we, TKCC, INC., a California Corporation, DBA: KOLL CONSTRUCTION as Principal, and SAFECO INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Washington, having its principal place of business at Seattle, Washington, and the INSURANCE COMPANY OF NORTH AMERICA, a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal place of business at Philadelphia, Pennsylvania as Co- Sureties, are held firmly bound unto the City of Newport Beach, in the sum of EIGHT MILLION SEVENTY ONE THOUSAND AND N01100 Dollars ($8,071,000.00), said sum being equal to 1008 of the estimated amount of the contract, to be paid to the City or its certain attorney, its successors, and assigns; for which payment well and truly 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, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well keep truly and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, and shall indemnify an save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby, and in addition to the fact amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, in the event it is required by bringing any action in law or equity to enforce the obligations of this Bond. Sureties, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the contract or to the work or to the specifications. 0 0 BOND NO: 5725855 BOND NO: K04023109 Page 8A This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for six (6) months following the date of formal acceptance of the Project by the City. In the event that the principal executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Sureties from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Sureties above named, on the 4TH day of JUNE , 1992. TKCC, INC., a California Corporation, DBA: KOLL CONSTRUCTION Name of Contractor (Principal) Ao9EhorjAAcT Si nat a /Titlg Dougl Grassman, V.P.} __ Divisi9 1aOer // ✓SAFECO INSURANCE COMPANY OF AMERICA 1 Name of Surety P. O. Box 25150 Santa Ana, CA 92799 -5150 (714)963 -0900 e V V INSURANCE COMPANY OF NORTH AMERICA Name of Surety P. O. Box 11019 Orange, CA 92667 (714)939 -5746 Francis G Attorney- S ig r2 fz ary , Jr:-, Fa t orized Agent S Francis G. Jar Attorney -in -Fa NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED � a I ACKNOWLEDGMENT BY SURETY STATE OF CALIFORNIA County of ORANGE ss on this 4th day of June , in the year 1992 , before me JUDITH K. rUNNIN .HAM Notary Public personally appeared Franrfc G_ Jarvis, Tr_ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument as the Attorney -in -Fact and acknowledged to me that he (she) subscribed the name of SAFECO Insurance Company of America thereto as Surety and his (her) own name as Attorney -in -Fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at my office in the aforesaid County, the day and year in this certificate first above . O , , l'a 1 19 JUDITH K. CUNNINGHAM NOTARY PUBLIC • CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY S -115] R2 12/85 Public STATE OF CALIFORNIA y ss: COUNTY OF ORANGE J I JUDITH K. CUNNINGHAM a Notary Public in and for said County, in the State aforesaid, do hereby certify that Francis G. Jarvis, Jr. of the INSURANCE COMPANY OF NORTH AMERICA, who is personally known to me, appeared before me this day and acknowledged that Francis G. Jarvis, Jr. signed, sealed and delivered the foregoing instrument as his free and voluntary act as Attorney -in -Fact of the INSURANCE COMPANY OF NORTH AMERICA, and as the free and voluntary act of the INSURANCE COMPANY OF NORTH AMERICA, for the uses and purposes therein set forth. Given under my hand and Notarial Sea] this 4th day of June , A.D. 1922 OFFICIAL SEAL cO, K JUDITH K. CUNNINGHA Notary NOTARY PUBLIC • CALIFORNIA ES 9M39 Pm. in U S . PRINCIPAL OFFICE IN ORANGE COUNTY ir GENERALACKNOWLEDGMENT County of LL. r10, all On this the �� rn day of the undersigned Notary Public, personally appeared 191W, before me, W personally known to me to be the person* whose name(st tQ/ subscribed to the within instrument, and acknowledged that executed it. WITNESSmy hand and official sea].�� _ Signature ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED Number of Pages TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above nawra Date of Document wnON& NOTARY ASSOOMON•82M Rw Ma, - P.O. Sw 718t• Cwpn FOrk, G 913P1-7181 OFFICIAL NOTARY SEAL - SUSANNE V._CAMINITI ® Notary Public s California ORANGE COUNTY My Comm. Expires APR 16,1995 r10, all On this the �� rn day of the undersigned Notary Public, personally appeared 191W, before me, W personally known to me to be the person* whose name(st tQ/ subscribed to the within instrument, and acknowledged that executed it. WITNESSmy hand and official sea].�� _ Signature ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED Number of Pages TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above nawra Date of Document wnON& NOTARY ASSOOMON•82M Rw Ma, - P.O. Sw 718t• Cwpn FOrk, G 913P1-7181 B SAFECO POWER OF ATTORNEY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 No, 3125 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation, does each hereby appoint -------------------- FRANCIS G. JARVIS, JR., Costa Mesa, California------- - - - - -- its true and lawful attorney(s) -in -fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in'the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 28th day of CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 19 89 . "Article V, Section 13. — FIDELITY AND SURETY BONDS . , . the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing such appointment, the signatures maybe affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, maybe impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of- attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of- attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said GoFWation �� this 4th day of June - ,19 92 . /rSO� -GGRPO t S f-- A 1. H r GDRiiA'xATE � �,� s r ti is 4 -974 R10 3/90 PRINTED IN UsA ! POWER OF Insurance Company of North America 402843 a ATTORNEY D CIG'NA C041pQ^' Know all men by these presents: That INSURANCE COMPANY OF NORTH AMERICA, a corporation of the Commonwealth f§ of Pennsylvania, having its principal office in the City of Philadelphia, Pennsylvania, pursuant to the fallowing Resdution, adopted by the Board of Directors of the said Company on December 5, 1983, to wit: 'RESOLVED. That pureuenl to Articles 3.15 and 5.1 of the 6y -aws. the fallowng Ryas shalt 9ofrn the axecutlon far me Company of bands. undenaxotp. ram9nixAnces. pmre0aaa4:ClhrwdgW In Stemetrothereat. . N, •77u1 do Pra9dent. any Senior Mp President. any V. President, any Assisant Vice President. N any Albttay ,s,,FaxL may esaeuls for and on behalf of the CAmPenY any and all bonds. Vnde Wage. racegniTanps, wnuaan and olW whenppB8 In rite nature Internal, the 6809 to be OWW d When heaths by the Corporate SavaiNy, or any Assistant Corpaata secretary, and Ones Ks of Ito Company affixed thereto: and that the President. ens Sarlar Nos Presdem, any Mco ProWdan or any Assistant Moo President may appoint and aulllodw any Older Omani (Woca d orappdnlad) O ten Company, and Aponl9yelRFaCt to W execute or QUON 10 the execution of all autll wlpngs On behalf Cl,.the Company and to aMxtne se& Of the Company messlo. R . My cup writing szawted in AIYOrdance, win these those Shelf be m binding upon the Company In any pee as though signed by the President and auesucl so by the Carports SWhary. p)' The sylelura Of the President. N a Salvor Most President, or a'AM Prescient, a any Ass Want M" President and the sea of the Company may be affixed by faWmile an any paws of attorney .ifnupdpletustoto [No Resolution. andthe Wgmtureofaar ying Oscarand IM West of" Company maybe affix" by laosmile to ens crtiApfa o!env such paver, and anysuch powNsir osNlpta baering such fammile signature Nw Weal shop be valid and binding on the Company. .... ... , (4) Such other Colors of the Company. and AtiornoyssinFacl What be" authalty to conIfy or yadfy cople t of this Ratudwan. Nis By -Lawn of sire Company. and any affldInIl Of record of the CO pony necessary to the discharge of their dunes. 1151.:- Thapassage of this ResolWon does not revolt, any WIN authority granted by Rasoueona at the Boats of DlraClOre adopted an June 9. 1963. May 95. 1975 and March 93. 1911.' does hereby nominate. constitute and appoint F. E. LEGRAND and FRANCIS G. MIMS, 'M:, of the City of Newport Beach, State of California O C - -- - , each individually if there be more than one to 'O , named, its true and lawful attomey -in -fact, to make, execute, seal and deliver an its behalf, and as its act and deed any and all bonds, -'Cr y undertakings, recognizances, contracts and other writings in the nature thereof in penalties rat exceeding FIFTY MUS,ION - - -- m :: DOLLARS (s 50,000,000. )each. and the execution of Co such writings in pursuance of these presents, shall be as binding upon said Company, as fully and amply as if they had been duly executed T3 al and acknowledged by the regularly elected officers of the Company at its principal office. (D ,V d) IN WITNESS WHEREOF, the said R. E Gveans, Vice- President, has hereunto subscribed his name and affixed the O 2 corporate seal of the said INSURANCE COMPANY OF NORTH AMERICA this 22nd > day of Argil 1992 G1 j ' '•.• INSURANCE COMPANY OF NORTH AMERICA C� co U) r __� C z ate+ O R. E. GIVEANS, Vice President 02 COMMONWEALTH OF PENNSYLVANIA ' C ro COUNTY OF PHILADELPHIA as. Ol y On this ZZIld day DI April ; A.D.' 19 92 , before me, a Notary Public of �1 N the Commonwealth of Pennsylvania in and for the County of Philadelphia came R. E Gveami Vice - President of: the INSURANCE COMPANY O OF NORTH AMERICA to me personally known to be the Individual and officer who executed the preceding instrument, and he acknowledged sir O C that he execu a same, and that the seal affixed to the preceding instrument Is the e p g corporate seal of said. Company; that the said 1- m Carper 1 I hue were duly affixed by the authority and direction of the said corporation, and that Resdutlon, adopted by the w f any, referred to in the preceding Instrument, is now in force. �j' I tR _ OF, I have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year tIR� orb Written �!A o * v OF = = FCARRIE NOTARIAL SEAL Z O — o = M. RAYSOR, Notary Public (AL) Fy �Q \ delphia, Philadelphia County, PA Notary Publ c 4 ti vP G -Z mmission Expires October 30, 1995 I, the und ldiWTtary of INSURANCE COMPANY OF NORTH AMERICA, do hereby.cartuty that t!lworiginal POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, Is in full force and effect. In witness whereof, 1 have hereunto subscribed my name as Secretary, and affizedcIhe'- capaafe'seel of, the Corporation, this 4th day of June g Darryl F. Taylor April 22, 1994 nay THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER BS- 333636 Ptd in USA belt.._. _._. _ -.. .. 10B Ah As oucew COMPANIES. AFFORDING COVERAGE ... COMPANY Sedgwick James of Calif LETTER A'.. Argonaut :Inaurance.Co.: 18201 Von karman Suite 800 Iry in CA 92715 COMPANY B S Fund IRED LETTER '' .. ::Fireman, THE ROLL COMPANY,_TRCC, INC. DBA: ROLL CONSTRUCTION COMPANr. C 3020 Old Ranch Fkway #250,Seal Beach, LETTER MOMTEM. WarM HSTANOMp AN REMMEMEPrt MW OR OCIORHON OF ANY CONTACT OR OnER DOCUMENT WITH RESPECT TO WHM TFNS -- . • CERRRGTE WY BE ISSUED OR VAY FEFRIW, TNERALIOANCE AFFORDED BY TFE POLICIES DeSCWED HEREIN IS SUBJECT TO ALL THE TERM. SCLUSIONS. AND CONOMN6 OF SUCH POUCES AND 0 Mar AMOMM WE NOED OR ALTERED SY THIS CERRflGTE L TYPE OF M1SUPAH . Foua NUMBER EFFEC�INE �i 710N ,,,.:: .:.... ALL UIWS IN TFOUSANDS . ... :: oENEAAL UABMJIY LC20525114402 411192 6130J9 GEREPAL AQGREQATE v 610;000,000 ( SAM CNLY) . A . COMMERGAL OPeapiOO TI Aao� TE .. f 5,600,000 ® ads co►IraurrOl�e .. X .: •. • ®eoNlRncrwL FOR aPECIFTC. FtiRBONILMNMIY - L 5,000,000 _ .. .' OoNRRACr ... .. ® PRODUCTSICOMPL OPEFL . - Fi4QH1 aoeLRRANOE ❑ zou wLwROS_ 5,000, 000 ❑ BROAD FORM PROP. DAMAGE ❑ stveNaury of INTEREST. FW � $ ' CLAUSE OOkY ONE - . .:509000 ❑ Pgram 1L INARRY WmL ` .. . EkWUUYEE T78X11810H1 MBorx MACE pNY ONEpERSOn >'.:: - 5s 006 B � UUNUW ;' MXA80 ' 411192. 613019 $1,000,000 80482072 .. DOW INARY.: f . aWN® (non .Calif. W" FESleoN4 Imp, auto).. - BOOLYWANW MAOCdOM $ - MESS , . UABRNIY - OOG1FtliNNCE pON�IiATE '" . ' . OTHER T" UUWE AA FORM WONCBRB''' COMPENSAT10N EACH ACCID - '•: ... AND °.. '.: S DISEASE- POLICY'LJWr- ..' ... •., UABRI:Y i _ .. ". DISEASE -EACH EMPLOYEE . LONOSFWRHAEWS AMHMBW s: -'. - :;... -.: AlUmt .. DESCA IWN OF W9N R'EMS: ALL OPERAMM PERFORMED FOR THE MY OF NEWPORT BEACH SY OR oN BEHAF OF 11E IM/ABD samw w omwiRC/ WaH THE FOLLowme owmiaF Central.Library,'C -2778° :.- . PAWW ME AM COMPACT NINABER MOULD AW OF THE AGOW OESCFAW POLICIES 8E NON-RENFINEO. CITY OF NEWPORT BEACH CJUKBLMD OR FEDUOm BEFWE THE OWSIATION DATE TIE . P.O. BOX 1768 ..- , - ; � . . :� COMPANY AFPOIOrw BwuJ; PROYOE x DAYS H+WL AOYANCE . 3300 NEWPORT BLVD. : ' .. .. HOPE TOILE BEACH SY IEOWERED MAL - NHWPORT BEACH, CA 92659 1768 A1T9NTIOft e . :.. _ k -.:y . UE �- s: = =. -��.� s._.. .. ...:.,k.._.. :..'S.�.eyr �J= '::-.. Aviv _h.'...s... __ ...ar `�d.�ti- •td�'t&!E� �� = �^'z�ti�.�°y.`"ysas. ._ s..�. ""F ..i+...a.= ....__ %:.:.e, 0 0 WORKERS' COMPENSATION INSURANCE CERTIFICATION "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 06 -15 -92 Date Cv277s Contract Number TKCC, Inc., a California corporation ns A. Grassman, Vice President Central Library Title of Project .JUI•4-019 -1992 10:00 FROM ARGONAUT BEEP TO 1310 %998;39 P.02 LMZLTPT TM It is aped that: I. With respeat to such uwArawo so is attorded by the policy for General Liability, the Cif at Newport coach, its otticmrs and avloyeaw era additional nswreds, but oply with rmsprct to liability arise out of opsratime psrtosard by or on behalf of the daaadInswradm in eonn.atiM rite the asntvaet designated below or mats and smieetam at the addltsaml imdrsde in Commotion with its general snaesvisLon at each to�petrtttiens. Tba ineursnsa afferW said add banal iifsurod(s) obeli only as !►ri�r7t isuiuranee emit M otlalr tnsnsanar malatoll d me Mty of Newport Beach small be Called Ypoe to eoutribute with Saswramae previdsd by this policy. a. The Policy iaclwk{es the toilouing prevision: wDw ineursuas aftoedod by the ptsitoi► applies separstaly to "oh i inet vbms claim seapeat to the �lialte o! . li the oessemy Wartime assure". 1. The Lasuranos atfsrdad by the policy fi w contractual Liability inswamee (sublect to the teram# oanditioes and awlusions �./ applicablo to mob trouraaam) Lmludae liability soused by the named insured WOW the indemnitiastion or he harmless provision contained in the written oa,ttest designated balow, between tho named insUrad and tho city or Newryport Mach. !. With respect to swop insuamae as is attordod by this policy$ the Asolusiese, it mrs pertaining to the empleeien maaare, collapse hasasd and U praps:I hasard (commonly serene to ae •a hamards) +awe deleted. s. sae limits et liability Under this andorseaen0 car the additieaal insursd(s) named in Paragraph i of thts uAwswout sball � hawbe the lisits indicated below rr tton on *11 ■ooalsmme ( ) Co mweiei ( ) Como* W^siwi hanerei Liability i .. 5 r 6(x,aW sash easmereI- # , *, The iMlicable limit of Qeswtsaetual Liability ins the Campo mti nrr aovsr s snal3 be sedssed i awY afiapnt m�id i i (slundor this endargoe"t is bo"lf of rho adsiticaal TUtJ- 9 -i9U lU l FROM FR30t, UT BREFi TO 131' ?9SE 9 F'.cJ3 r•4LL �i Jr:. -. -- -- -- '- - --L4'+'4v l vJ -VJJV -- - - JVII r•.VS • • The limits of liability as stag in this endorsement shat; v not 18021406 tba total liability of tb& OOVOW affordirq oswraas !sr all da as tbs result of •ny ens ooeurrWjc. In autsasa of the liai a or liability stated in the policy as applicable to asnaral Usbility, tnecraaoa. 6. aboald the policy be a=- rwwmd, e•noasea or comaya reduced before the aipiration data thereof• the Cas�psny WWII provide 10 days' adraroe ratios to the Cityp #1tM- t isaex by redisteuea sail, Attsatien, rubuo Masks peyssteeuC. 7. AesidnatsdCentsaett central aibUry c-2778 We-left e am MWIM re. This t a upsm i ppi t�� r --- at 1s2oG A.M. and (Company Afterdiny Cnsreve)a �, a it�anseds_ /S�_�L>• M.., s \rI dndersdmant 1b. s 34 TOTAL P.03 Pe Pag!% L A=)N0RT3aLZABTLTTY INfitF FNbOR.JEUX -1 rt Jai agreed that: rsspoct to such insurance as in afforded by the pol.:Io for Autom�obile Liability, the City of Nenmrt aa:ach, : t! officers and employees are .additional insurad;s, brit only cc.'t cs:1;-Poct to liability for damages arising out o;' th #s oimersh.Lp, cna::nt::enanc:e or use of automobiles (or autos] usa +l by or o be.htllf of the named insured in connection wit!a the cant:-ac: desi(mated :belcer. The insurance extended by this endorse:t, in: +to taid additional insured does not apply to ':)odily injury o: propNrty damage arising out of automobilea (1) cwt:ed b r a: regi.!Itersll in the name of an additional insured, or (2) lea e: or ranted by an additional insured, or (:)) operated bi7 a add • ;:ional insured. The insurance afforded said additi=ri.a! shall apply as primary insurance and no inavc:,-ance maintained by the City of 21ewp0,4•t Boach shalt k; ca:ll ad upon to contribute with insurance pcoviliaul by tAi! policy. The ,;:olicy includes the following provision: "The insurance afforded by the policy appli,.n separately to each insured who is aaaking. coverage 4or against wham a claim is made (or suit is brought, except with respect to the limits of lability of the company a2ford.in g, coverage." Tha limits of _iability under this andorsament for tii. additional insureds named in Paragraph 1. Of this endor ensr - . shhU be the lint -.s indicatiad below for either IMItiple Unit: or, Single Limit: ( ) Multiple :limits Bodily Injury Liability Bodily Injury Liability Propsrty Danage Liability k ) Combined :single Limit $ per .pom pe.r acc:ide: ; Bodily Infury Liability i Prop'arty IDanage Liability $ 110OO1OCo The limits of liability as stated in this endarsran:ent : ta:. not increase the -total liability of the company afl'ordir.,q coverage for all damages as the result of any o :ao; a.acide ::J.ti: oc:et:rrrance in excess of the limits of liaba.l:.ty E,tat:ed iti tit, P01J.cy as a;pplic:tble to Auto:aobile Liability 11%surance. lr�a Page IM, 4.. Should the policy be non - renewed, canceled or coverage re&we I ae::'crs the expiration date thereof, the Issuing Company anal provide 30 days' advance notice to the city of :Ivwport acatLd1. :3y registered mail, Attention: Public Works Dcpextment. °i. : aRignatsd Contrazt: _ Cen•tral Librari,- C-17Zj; . __ Project Title and Contract Na. : 0 6 Page 11 "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self - insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." TKCC, Inc., a California corporation dbaKoll Construction Date Name of Contractor (Principal) C -2778 `C. � Contract Number Au on Signature and Title DouglaeGIA. Grassman, Vice President Division Manager 3/92 f Page 12 <rVl\ l l \ffV 1 THIS AGREEMENT, entered into this day of , 1992, by and between the CITY OF NEWPORT-BEACH, her after "City," and Koll Construction, TKCC, Tnr_ a (alifnrnia fnrp, hereinafter "Contractor," is made with reference to the following facts: A. City has heretofore advertised for bids for the following described public work: Central Library C -2778 Title of Project Contract No. B. Contractor has been determined by City to be the lowest responsible 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: Central Library C -2778 Title of Project Contract No. which project is more fully described in the contract documents. Contractor shall perform and complete this work in a good and workmanlike manner, !and in accordance with all of the contract. documents. 3 /92 2. As full compensation for the performance and completion of this work as prescribed above, City shall pay to Contractor the sum of Eiaht Million Seventy One Thousand Dollars ($ 8,071.000.00 ). This compensation includes: (a) Base bid and deduction..of alternate bid Items 3, i, 6, 7 and 8. (b) Any loss or damage arising from the nature of the work, (c) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (d) 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. 0 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) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) Notice Inviting Bids Proposal Instructions to Bidders and documents referenced therein Addenda Payment Bond Faithful Performance Bond Certificate of Insurance and Endorsement(s) Plans and Specifications for Central Library C -2778 Title of Project Contract No. General Provisions Supplementary General Provisions This Contract 4. Contractor shall assume the defense of, pay all expenses of defense and hold harmless, City and the architect and its consultants and the officers, employees and representatives from all claims, loss or damage, injury and liability of every kind, nature and description by reason of or arising out of the negligent or willful conduct of the Contractor, his /her employees, agents and subcontractors in the performance of the Project, except such loss or damage caused solely by the active negligence of City and the architect and its consultants and /or its officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. APPROVED AS TO RM: CITY ATTORNEY ATTEST: f7'' 191 CI Y CLERK CITY OF NEWPORT BEACH A Municipal Corporation By. M yor : LInc- .forma corporation Name of Contractor Hme utiye Vice President Victor D. Laidlow 12A 0 0 BY THE CITY COUNCIL CITY OF NEWPOFT REACH JUN 8 1992 APPRUVEV June 8, 1992 CITY COUNCII1 AGE DA ITEM NO. �- 3( TO: M:,-or and Members, of the City Council FROM: Public Works Department and Board of Library Trustees SUBJECT: CENTRAL LIBRARY BIDS (C -2778) RECOMMENDATIONS: 1. Waive the minor irregularity and allow Koll Construction's Alternate Bid Item No. 6 to be changed from $64,000 to $4,000. 2. Accept low bid of Koll Construction of $8,071,000 which includes the base bid less Alternate Bid Item Nos. 3, 4, 6, 7 and 8. 3. Authorize Mayor and City Clerk to execute contract.with Koll Construction. 4. Authorize the sale of the West Newport site. DISCUSSION: A total of 12 bids were received. The low base bid was submitted by Koll Construction in the amount of $8,120,000. The next low bid was submitted by Lewis Jorge for $8,255,000. A bid summary is attached. The low bid is 8.26% in excess of the Architect's budget of $7,500,000. In addition to the base bid, eight deductive alternates were included. The deductive Alternatives for Koll Construction are as follows: 1. Replace Cooper roof w /coated sheet steel $ 30,000 2. Reduce grade of public area carpet 9,800 3. Reduce size of pine trees 29,000 4. Replace exterior slate paving w /concrete 9,000 5. Delete portion of building containing Children's Story Room and Quiet Reading Room 143,000 6. Reduce size of palm trees 4,000* 7. Delete planting along entrance drive 5,000 8. Delete satellite audio receiving disk 2,000 Total all Alternates $231,800 * Actual bid was $64,000. Requesting approval to change to $4,000. The bid documents provided that the low bidder would be determined after deducting the Alternates selected by the City. The Board of Library Trustees has recommended that Alternate Bid Item Nos. 3, 4, 6, 7, and 8 be accepted and deducted from the ' I t • • • Subject: Central Library Bids (C -2778) June 8, 1992 Page 2 ease bids. .,:he total of these Alternates for Koll Construction is $109,000. The Koll Construction bid after deducting the recommended Alternates would still be low in an amount of $8,011,000. However, Koll Construction has submitted a letter claiming an irregularity in the price submitted for Alternate Bid Item No. 6. Instead of $64,000, they had intended to bid $4,000. The other 11 bidders submitted bids for this Alternate that ranged from $3,100 to $6,700. If the corrected bid of $4,000 is allowed by the Council, Koll Construction would still be the low bidder. The staff recommends and the City Attorney concurs, that the City Council waive Koll Construction's minor irregularity for Alternate Bid Item No. 6. If the Council allows the claim and the same Alternates are accepted, then the low bid would be $8,071,000. • The low bid of $8,071,000 is $571,000 in excess of the Architect's budget. Koll Construction has indicated that their bid, less site work and furnishings, is $6,900,000 or $126.73 per square foot which our Architect and others feel is a reasonable cost in today's market. The difference between the Architect's estimate and the low bid is partly attributable to the large amount of excavation that needs to be exported from the site to allow building under the sight plane. The total funds needed for construction including an allowance of $350,000, is $8,421,000. Alternatives for dealing with the difference between the low bid and the Architect's estimate include the following: 1. Reject all bids and require the Architect to redesign the building within the funds available. This choice would delay construction from 6 months to a year and would risk renewed inflation, require approval of The Irvine Company and necessitate obtaining new permits. The cost of re- bidding the project would be at least $75,000, excluding any architectural fees. In addition the disposal site for the excess excavation will be available only through the end of July and any delay • could result in a much more costly haul (estimated to be $100,000 to $200,000). A redesign would most likely result in a reduction of the size of the building and would have a substantial impact on the Library Building Program. 2. Negotiate potential cost savings with the low bidder after award of a contract. Although the magnitude of any cost savings has not yet been determined, both the Architect and the Contractor feel that there is a potential worth pursuing. it • • • Subject: Central Library Bids (C -2778) June 8, 1992 Page 3 The total funds required include an allowance of $350,000 for contingencies and change orders. This allowance could be reduced, but the Architect and the Public Works Department feel that this allowance is reasonable and that any reduction now would not be realistic. 5. Provide additional funding. Two sources of additional funding have been identified. Additional funds from the Library Foundation and the sale of the West Newport Library site. The Foundation has raised more funds than originally planned, so additional funds are available for the construction. The Board of Library Trustees does not feel that the West Newport site is • any longer needed for Library purposes. In 1988, this site was appraised in excess of $400,000. It is recommended that the bid be awarded to Koll Construction and that the building contract be funded as follows: CONSTRUCTION COST Bid $8,071,000 Allowance for contingencies 350.000 Total funds required $8,421,000 3. ::.:ept Alterna:e:> Bid Item Nos. 1, 2 and 5. The total of these Alternates is $182,000. Alternate No. 1 would substitute a coated steel roof for the copper roof that is in the base bid. The coated steel roof has a life expectancy of approximately 20 years whereas the copper roof has a life expectancy of 50 years plus. The $30,000 deduct does not adequately reflect this difference in life expectancy. Alternate No. 2 would substitute a lower grade carpet in the public areas of the Library. The $9,800 deduct does not appear to adequately reflect the differential in life between the two grades of carpet. Alternate No. 5 would delete the portion of the building programmed for the Children's Story Room and the Adult Quiet Reading Room. The area of the deletion is 800 square feet and the amount of • the deduction $143,000. The Board of Library Trustees feels it is most desirable to keep this portion of the building since it is very important to both function and appearance. If this portion were deleted minor interior redesigns would be required and the children's department would be functionally impacted. The total funds required include an allowance of $350,000 for contingencies and change orders. This allowance could be reduced, but the Architect and the Public Works Department feel that this allowance is reasonable and that any reduction now would not be realistic. 5. Provide additional funding. Two sources of additional funding have been identified. Additional funds from the Library Foundation and the sale of the West Newport Library site. The Foundation has raised more funds than originally planned, so additional funds are available for the construction. The Board of Library Trustees does not feel that the West Newport site is • any longer needed for Library purposes. In 1988, this site was appraised in excess of $400,000. It is recommended that the bid be awarded to Koll Construction and that the building contract be funded as follows: CONSTRUCTION COST Bid $8,071,000 Allowance for contingencies 350.000 Total funds required $8,421,000 • Subject: Central Library Bids (C -2778) June 8, 1992 Page 4 : ±ATr.b7 FUNDS COP'S $6,000,000 Library Foundation 1,360,000 State Grant 500,000 SCE Incentive 55,000 Storm drain budget 110,000 Sale of West Newport site 400,000 Total available funds $8,425,000 It is also recommended that the staff pursue building cost reductions with the Contractor after a contract is awarded that could reduce the total construction funds required. If the Council authorizes the sale of the West Newport site, staff will develop a plan to market the property. Final terms, conditions and financing options of any sale will be brought back to the Council for approval. Benjamin Nolan C. Bennett Public Works Director Board of Li DCS:so Attachment • Chairman • • C7 CL. cr n my� i I ww �s ai trii a w �ni �" o w w m m p p p w of {ads pw� �aQ� Napo n u �' u � n i g u P� u � n � u � � 5� 25 5� 25 25 25 25 25 25 25 ifi 2S tiS � ifi i5 S 25 m a 1 g a a, t° 8 {i _ � �ip g8a ps it ��L5. 5.y^,�9. C a c ? C W s.� NN pN� d $ QV5� t0 QNQ tggr VQQ N OQQf QW 0Q1 r m' o 75 25 25 25 25 75 i5 25 2$ 2.Iw8i+��+ �'°' 12. a ° a ` P I 25 25 25 25 25 7S 25 25 2f 25 75 1�i�� Ul Rfi a�31 y a �I8 to m WQOy� �25 NcC��eiitQQOQQOQW5� �25252525�2525 VQQOyNy�� QWQO 7525 (Q��ppp OP t887� f0 A y 8N 8O 8N 88 8N 8W 8S I g a I W (Wpb O8l Wp 88 O8l N8� O8/ 8� Of �p cn OI cl.. I 5a5�� QsQ 5a� 25� a c5n� 2S Qa 25 c5n� 15 yw� 7S QoQ 25 pw� 2S 5a5�� 25 oQ> 75 I! II -9 � ppW 8W SW ppNpp�� NSS t8811 W (Wp(pb� qpN{p� pppppp pp� 8O April 13, 1992 CITY COUNCIL AGENDA • ITEM NO. F -15 BY TO: City Council FROM: Public Works Department SUBJECT: CENTRAL LIBRARY (C -2778) RECOMMENDATIONS: APR 13 W 1. Approve the plans and specifications. 2. Authorize the City Clerk to advertise for bids to be received by 11:00 a.m. on May 21, 1992. Discussion: The plans and specifications have been completed by the Architect. The Board of Library Trustees approved the plans and specifications at their March 17, 1992, meeting and recommended that the City Council authorize advertising for bids. The plans have been submitted to the Building Department and The Irvine Company for recheck. It is expected that a Building Permit will be issued prior to the April 13th Council meeting and that The Irvine Company approval will be forthcoming shortly. The Coastal Commission at their April 9th meeting is scheduled to act on the portion of the density transfer from Newport Village to Corporate Plaza West which is within the Coastal Zone. When these three items are finalized, the escrow can be closed and the Library site deeded to the City. The close of escrow is now planned for April 17th. Based on previous Council action, bids will be accepted only from general contractors who have been prequalified. The prequalification process was completed in November 1991 with 39 contractors being placed on the prequalified list. The Architect's estimated construction bid is $7,507,870. This cost includes $490,918 for book stacks and casework which will be charged to the State Library Grant. The construction costs and available funds for the project are as follows: R •' • Subject: Central Library (C -2778) April 13, 1992 Page 2 Construction Cost: Estimated Bid $7,507,870 Reserve for Contingencies & Change Orders 350.000 Total Estimated Construction Cost $7,857,870 Certificates of Participation $6,000,000 (1) Library Foundation 1,200,000 (2) Southern California Edison incentive 55,000 State Library Grant 490,918 (3) Storm Drain Construction budget 120.000 Total Available Funds $7,865,918 (1) Proceeds from the Certificates of Participation will be available on June 3, 1992. (2) Library Foundation Funds in excess of $1,200,000 could be used for construction if the bid exceeds the estimate or for furniture and equipment. (3) $490,918 is estimated cost of casework and stacks that will be included in construction contract. Remainder of $727,000 State Grant will be used for furniture and equipment. In the event that the low bid is in excess of the funds available, the bid proposal includes the following deductive items: 1. Replace the copper roof with a fal steel. The factory coating would 2. Reduce the grade of the carpet in 3. Replace the slate pavers in front entrance with a concrete paving. 4. Decrease the planting size of the trees. :tort' coated sheet have a copper color. the public areas. of the Library large number of pine 5. Delete the childrens story time room and the adult reading room located at the southeasterly corner of the building. The total estimated cost of the deductive items is $300,000. Subject: Central Library (C -2778) April 13, 1992 Page 3 • A total of 18 calendar months have been allowed for the completion of construction. The contract will include liquidated . damages of $2,000 per day if the project is not completed within the specified time. This is the approximate amount of the daily interest the City will pay on the bonds that will be sold to finance the project. A full set of drawings will be in the Council's conference room several days prior to the April 13th meeting for the Councils perusal. Don Simpson, the project manager, will be available prior to the meeting to answer any questions the Council may have. :7 • Benjamin B. Nolan Public Works Director DS: so