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HomeMy WebLinkAboutC-2800 - Collins Avenue, Peninsula Point Storm DrainLABOR COMMISSIONER, STATE OF Ci Department of Industrial Relations . Division of tabor StalWaro EdfofeanleM `Bureau of Field Enforcement 245 W. Broadway, SUite 450 Long Beach, CA 90802 (213) 590 -5466 a ATTN: Mr. Pat Dunigan CITY OF NEWPORT BEACH 3300 Newport Boulevard L Newport Beach, CA 92663 November 20, 1991 IA RECEIVED ltfJllPl�1R7�° J CONDITIONAL RELEASE OF NOTICE TO WITHHOLD On October 7, 1991 , this Division issued a "NOTICE TO WITHHOLD" (copy attached) on the above -named project in the total amount due of $ 4,603.03 Please find enclosed an "ASSIGNMENT AND ORDER DIRECTING PAYMENT" executed by the prime contractor GUILD CONSTRUCTION, INC. ,in favor of the Division of Labor Standards Enforcement in the amount of $ 4,603.03 Request is hereby made that you remit payment of the above amount. The check should be made payable to the Division of Labor Standards Enforcement and mailed to the above address. Upon payment of the amount of $ 4,603.03 , you may consider this Notice written release to our "NOTICE TO WITHHOLD" dated October 7. 1991 Excecuted on November 20 , 1991 , at Long Reach , California. STATE LABOR COMMISSIONER Joseph M. DiFrancesco PW 19 (5/87) F C2 m C9 cc�aa '5l9aaaaa )Pl9 (y CONDITIONAL RKLaAas OF NOTICK TO WITHHOLD fR:COMMISSIONER. STATE OF CALIFORNIA D6prtrtment o/ Industrial Relations Division of Labor Standards Enforcement Bureau of Field Enforcement 245 west Brca&Wt State 450 Lang B=:h, CA 90802 (213) 590.5466. . 6rawoiwa Broer: 1 CnT OF NOM" BEACH Public Works Department 3300:-Newport Boulevard L Newport Beach, CA CA 92663 J Ares October 7, 1991 AMENDED NOTICE TO WITHHOLD AMENDED Yorba L3tda, CA 92686 Enclosed are a NOTICE OF WAGES OWED and NOTICE OF PENALLY ASSESSMENT pertaining to the above-named project. You ar j to withhold and retain from any payments due the general contractor the total amount Of $ — . which is the slim 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 Labor Code Section 1731 requires you retain the above stated sum pending the outcome of the suit. R 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 the 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 under penalty of perjury: as follows: I am an authorized representative acting for the State Labor Commissioner. I execute this Declaration on behalf of the workers whose names are set forth on the attached notices. I he" read the foregoing Notice to Withhold and 1 have made an investigation of the facts relating thereto, and based on all the facts known to me at this time and based on all of the statements and information 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 Bv��...QSC_i scr-J Joseph M. DiFrancesco Pw • 13 191071 'w' ..... "Dries rowrTNNOLD LABOR COMMISSIONER, STATE OF CALIFORNIA Department of Indertrial Relations Division of Labor Standards Enforcement Bureau of Field FNforcement 245 W. Broadway, Suite 450 Long Beach, CA 90802 (213) 590 -5466 [Boor: I CITY OF NEWPORT BEACH Public Works Department .. 3300 Newport Boulevard L Newport Beach,•CA 92663 J OAT4 TO CAS['NUN[! ]B: October 70 1991 27i:pW -05285/712:11:1:. AKENDED NOTICE OF PENALTY ASSESSMENT ., AtffNDID . ,. •w Ore CT MARC r CONTRACT NUN![[ Sidcwra7k R it FAME CONTRACTOR .• . This office has determined that the above -named contractors) has filled 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 i ,lowing assessment is.made as per Labor Code Sections 1775 and 1813: Penalties for straight time work paid at less . thegI Alie prevailing wage rate at $25.00 per worker per day per violation equals $ 1,075 4 Penalties for overtime work paid at less th>I tIM prevailing wage rate at $25.00 per worker per day per violation equals $ 10. VU 47 Total number of violations Total sum due $ _1.175.00 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 :,hich are or hereafter may become due to the contractor herein above named to the extent of the total claim as hereinabove shown. Executed on _October 7, , 19 91 at Long Beach California. STATE LABOR COMMISSIONER v —� Joseph M. DiFrancesco cc: Prime Contractor Subcontractor Bonding Company ►w - is tout NOTICE OF PENALTY ASSESSMENT rl loo CIT OF NEWPORT BEACH November 4, 1991 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Guild Construction, Inc. 5100 E. La Palma, Suite 113 Anaheim, CA 92807 (7[4),644-3005 Subject: Surety: CBIC Bonding Bond No.: CA2673 Contract No.: C -2800 Project: Peninsula Point Street Storm Rehabilitation and Insurance Company Storm Drains and 19th Drain and Street The City Council of Newport Beach on October 14, 1991 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 October 17, 1991, Reference No. 91- 566820. Sincerely, Wanda E. Raggio City Clerk WER:pm F1, i FO cc: Public Works Department 3300 Newport Boulevard, Newport Beach 0 • RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: EXEMPT RECORDING REQUEST PER GOVERNMENT CODE 6103 91756682D. City Clerk `i ?. �v' City of Newp rt Beach 3300 Newport Boulevard Newport Beach, CA 92663 NOTICF. OF COMPLETION PUBLIC WORKS 'lo All Laborers and Material Men and to Every Other Person Interested- J rtl es� as Ex Add. ; Pcas Uon Nt Other : ettl Ree. Fen D.T.T. P OR S MF S FIDE-19 YOU WILL PLEASE TAKE NOTICE that on August 30, 1991 the Public Works project consisting of Peninsula Point Storm Drains and 19th Street _ on which Guild Construction, was the contractor, and CBIC was the surety, was completed. NGV � 19`31 cir� �:eea o }. A_cU; c�tgt gtAC #t I, the undersigned, say: VERIFICATION Suite 113, Anaheim, CA 92807 Co., 23172 Plaza Pointe Dr., Ste. Laguna Hills, CA 92653 CITY OF NEWPORT BFACH ,..� D.& blfc Works Director I am the Public Works Director of the City of Newport Beach; the foregoing Notice of Completion is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on October 15, .1991 at Newport Beach, California. Publi Works Director VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Newport Beach; the City Council of said City on October 14, 1991 accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on (f,,- at Newport Beach, California. RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 4:00 P.M. OCT 17 1991 04- 42•`/62�Reccrder (IF- .4u City Clerk I/ V .b: A 4 i I • • TO: FROM: L City Council Public Works Department 0 ci; October 14, 1991 CITY COUNCIL AGENDA ITEM NO. F -11 SUBJECT: ACCEPTANCE OF PENINSULA POINT STORM DRAINS AND 19TH STREET STORM DRAIN AND STREET REHABILITATION (C -2800) RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. DISCUSSION: The contract for the construction of the subject project has been completed to the satisfaction of the Public Works Department. The Bid Price was $686,610.06 Amount of Unit Price items constructed 610,658.03 Amount of Change Orders 37.315.07 Total contact cost $647,973.10 The decrease in the amount of the unit price items constructed was due to the deletion of the Collins Avenue portion of the contract approved by the Council on August 12, 1991. Of the work constructed, there was an increase resulting from the replacement of additional alley approaches and an error in the estimated quantity of 18 -inch storm drain. Nine Change Orders were issued. The first, in the amount of $1,537.90, provided for removing and relaying two • lengths of storm drain pipe due to incorrect grades being provided by the City. The second, in the amount of $12,375.00, provided for the removal and replacement of drive approaches not provided for in the bid items. The third, in the amount of $2,000.00, provided for additional pavement thickness to accommodate an existing shallow water main. The fourth, in the • • • r Subject: Acceptance of Peninsula Point Storm Drains and 19th Street Storm Drain and Street Rehabilitation (C -2800) October 14, 1991 Page 2 amount of $3,788.50, provided for relocation of an existing water main to clear the storm drain in M Street and lowering of the new water main in L Street to clear the existing telephone ducts. The fifth, in the amount of $3,500,00, provided for the construction of access ramps in conjunction with the peninsula storm drain. The sixth, in the amount of $3,815.55 provided for saw cutting of control joints in the new street pavement on Miramar. The seventh, in the amount of $435.86, provided for an additional drain lateral in 19th Street near Balboa Boulevard. The eighth, in the amount of $4,673.76, provided for additional removals and replacements in 19th Street to accommodate the new grades, repair of a previously damaged sewer main and relocation of a 6 -inch water main. The ninth, provided for the deletion of the work in Collins Avenue. Funds for the project were budgeted in the General Fund, Account Nos. 02- 3490 -053, 02- 3497 -493, 02- 3497 -526, 02- 3397 -531 and in the Water Fund, Account No. 50- 9290 -001. The Contractor is Guild Construction. The adjusted contract date of completion was July 6, 1991. The work was completed August 30, 1991. Due to the financial losses suffered on the 19th Street portion of the project, Guild has gone out of business. It is hoped that there will be sufficient funds remaining due Guild to pay the creditors, some of whom have already filed Stop Notices. Due to Guild's financial position, the assessment of liquidated damages for the late completion is not recommended. Benjamin B. Nolan Public Works Director PD: so Ask PUBLIC WORK STOP NOTICE, LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS DIED AND IRE ._ q 199 REQUEST FOR NOTICE OF FILING OF NOTICE OF AN 2 5iY,:Rx ACCEPTANCE, COMPLETION OR CESSATION CIVIL CODE §3185 TO: CITY OF NEWPORT BEACH PROJECT: " Street Improvements" 3300 Newport Blvd. Balboa Blvd. at "L" St., Miramar & Newport Beach, CA 92659 19th Street TAKE NOTICE THAT BEJAC CORPORATION whose address is 569 So. Van Buren Street, Placentia, CA 92670 has performed labor and furnished materials for a work of improvement described as follows: "Newport Beach Street T_mnrovementc_" Balboa Blvd, at 19th Street, Miramar & "L" Street. The labor and materials furnished by claimant are of the following general kind: Construction equipment: MF50ex Skiploader, CAT 215CLC Track Loader, CAT 926E & WACKERT aPIs or and matey aels we 'a furnished to or for the following party: GUILD CONSTRUCTION, 5100 E. La Palma, Suite 113, Anaheim, CA 92807 The value of the whole amount of labor and materials agreed to be furnished is $ 36,614.06 The value of the labor and materials furnished to date is $ 36, 614.06 Claimant has been paid the sum of $ 23,497.26 , and there is due, owing and unpaid the sum of $ 13,116.80 together with interest at the rate of 10 % per annum from June 14, 1991 You are required to set aside sufficient funds to satisfy this claim with interest. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. You are also required to give Notice to Acceptance, Completion or Cessation to the undersigned as required by Civil Code §3185. Attached hereto is the $2.00 fee as required by Civil Code §3185. FIRM NAME: BEJAC CORPORATION ' 569 S. Van Buren Street, Placentia, CA 92670 i n y c 1, Ron Barlet, Vice - President t W o 1g - .$� m n n r r VERIFICATION I, the undersigned, say: I am the Vice - President of the claimant of 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 that the foregoing is true and correct. Executed on 6 6 ` q N � N Z o O N Qza 0=0N 1 CL o »� 7 h U Q rz Q w � u w J m I >CpB2X f Z 7 V U a J a w z w 0 0 n 0 m ZLL Q J m a JU QN ZO O Q Q z� UU LL - UO ay yw F J 2 UU w w� m f O O cc N O Jn Ir O M 1 O O O O (l.l riJ 1 cc cA ED O C 0 LABOR COMMISSIONER, STATE OF CALIFORNIA' Department of Industrial Relations Division of Labor Standards Enforcement R' Bureau of Field Enforcement 245 West BroacA. , Suite 450 Lag Beach, CA 90802 W 1MJO (213) 590 -5466. tm_ AWARDING BODY: BO CITY OF NEWPORT BEACH Public Works Department 3300 Newport Boulevard L_ Newport Beach, CA CA 92663 J 0 1 DATA: I IN REPLY, REFER TO CASE NUMBER: October 7, 1991 27 -PW- 05285/172 AMENDED NOTICE TO WITHHOLD PROJECT NAME / CONTRACT N PRIME CONTRACTOR SUB- CONTRACTOR AMENDED Yorba Linda, CA 92686 Enclosed are a NOTICE OF WAGES OWED and NOTICE OF PENAL i Y ASSESSMENT pertaining to the above -named project. You ar j�e1�d to withhold and retain from any payments due the general contractor the total amount of $ _ i 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 Labor Code Section 1731 requires you retain the above stated sum pending the outcome of the suit. If 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 the 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 under penalty of perjury as follows: I am an authorized representative acting for the State Labor Commissioner. I execute this Declaration on behalf of the workers whose names are set forth on the attached notices. I have read the foregoing Notice to Withhold and 1 have made an investigation of the facts relating thereto, and based on all the facts known to me at this time and based on all of the statements and in 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 Joseph M. DiFrancesco _uuLiL goo no CD 04 wo N, PIN - 13 (5/27) NOTICE TO W ITMMOLO _ 'aaubisse siy Jo Jopriluoa t ayl Aq pawelgo si y�!ym luawbpn( !euy Rue of pal pue sa�nl!a ;�o; pue so gleued ayl as Miaglo -aau6isse siq io joloejluoo ayl lsuie6e guaw6pn. linoo !eui; a ;o Juana ay3 ui Ajuo iainseajl alelS ayl of papie�n,o; q pue yins ayl ;o awo)lno ayl 6u puad Apoq 6u!pierne ayl Aq pau!elai aq !!eys sainlia)po; pue sag!euad ayl •pouad Fep-06 ayl u!yl!ae pan!a:)ai si y:)iyee !iew paialsi6a4 Aq jo suowwns o ao rajas (q iay1!a pouad (ep-06 ayi u!y1!en 1poq 6uipieme ayl lsu!e6e lybno!q s lins;i '1£Ll uo!haS opo0 ioge-1 LABOR COMMISSIONER, STATE OF CALIFORNIA Department of Industrial Relations Division of Labor Standards Enforcement Bureau of Field ENforcement 245 W. Broadway, Suite 450 Long Beach, CA 90802 (213) 590 -5466 - AW ARO1N0 BODY; I L DATE: PROJECT NAME CITY OF NEWPORT BEACH Public Works Department 3300 Newport Boulevard Newport Beach,.CA 92663 October 7, 1991 PRIME CONTRACTOR SUB - CONTRACTOR AMENDED NUMBER 0 1 J IN REPLY, REFER TO CABB NUMBER: 2T =PW- 05285/712 NOTICE OF PENALTY ASSESSMENT AMENDED D -114; Yorba 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 i Jilowing assessment is made as per Labor Code Sections 1775 and 1813: 43 Penalties for straight time work paid at less .than the prevailing wage rate at $25.00 per worker per day per violation equals $ 1,075 -no 4 Penalties for overtime work Daid at less tha�00tF� prevailing wage rate at $25.00 per worker per day per violation equals $ 47 Total number of violations Total sum due $ 1,175.00 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 .,,hich are or hereafter may become due to the contractor herein above named to the extent of the total claim as hereinabove shown. Executed on October 7, lg 91 at Long Beach California. STATE LABOR COMMISSIONER Joseph M. DiFrancesco cc: Prime Contractor Subcontractor Bonding Company Par - is JeJEn NOTICE OF PENALTY ASSESSMENT Labor Code Section 1775. The contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty -five dollars ($25) for each calendar day, or portion thereof, for each workman paid less than the prevailing rates as determined by the director for such work or craft in which such workman is employed for any public work done under the contract by him or by any sub- contractor under him. The difference between such prevailing wage rates and the amount paid to each workrhari for each calendar day or portion thereof for which each workman was paid less than the prevailing wage rate shall be paid to each workman by the contractor, and the body awarding the contract shall cause to be inserted in the contract a stipulation that the provisions of this section will be complied with. To the extent that there is insufficient money due a contractor to cover all penalties forfeited and amounts due in accordance with this section, or in accordance with Section 1813 of this chapter, and in all cases where the contract does not provide for a money payment by the awarding body to the contractor, the awarding body shall notify, provided that in the case of a workman claiming the difference between the prevailing wage:rateand the amount paid him the awarding body has first been given the notice mentioned in Section 1190.1 of the Code of Civil Procedure, the Division of Labor Standards Enforcement of such violation and the Division of Labor Standards Enforcement, if neces- sary with the assistance of the awarding body, may maintain an action in any court of competent jurisdiciton to recover the penalties and the amounts due provided for herein. Such action shall be commenced not later than 90 days after the filing of a valid notice of completion in the office of the county recorder in each county in which the public work oq some part thereof was performed, or not later than 90 days after acceptance of such public work, whichever last occurs. No issue other than that of the liability of the contractor for the penalties allegedly forfeited and amounts due shall be determined in such action, and the burden shall be upon the contractor to establish that the penalties and amounts demanded in such action are not.due. Out of any money withheld or recovered or both there shall first be paid the amount due each work- man and if insufficient funds are withheld or recovered or both to pay each workman in full the money shall be prorated among all such workmen. k ABUP COMM I SbI ONE . •,; A T t Lt LPA. Ir�Ii • Department cf iw Istrial Re!Jtlons Division of 4ahnr Standard> Enforcement Bureau of Field Enforcement 245 W. Broadway, Suite 450 Long Beach, CA 90802 (213) 590 -5466 PRIME CONTRACTOR: Attn: Scott Denton Guild Construction, Inc. 18452 Yorba Linda Blvd., Ste. D -114 . L Yorba Linda, CA 92686 DATE:: October 7, 1991 NOTICE OF PAYMENT DUE PROJECT / CONTRACT NUMBER AND ADDRESS Sidewalk Repai q,NAME AND ADDRESS OF CONTRACTOR Guild Constructi( IN REFIT. RNP6R TO GR9a n.MR6w. This Division has completed an investigation into the payment of wages to employees of the contractor named above while employed on the above Public Works Project. The investigation revealed the following violations of the California Labor Code by the Contractor: I. $ 39429-03 Wages determined to be due based, on the failure of the contractor to 1 pay the contract rate and for the actual number of hours 1aorked by employees on the job. Labor Code Section 1774. 2 $ 11075.00 Penalty due for paying less than the stipulated prevailing rates: 43 Violations at $25.00 per violation. Labor Code Section 1775. 3. $ Penalty due for failure to keep and /or furnish required payroll records: Violations at $25.00 per violation. Labor Code Section 1776(f). 4. $ 100.00 Penalty due for failure to comply with working hours requirements: 4 Violations at $25.00 per violation. Labor Code Section 1813. 5. $ 6 $ 4,603.03 Training Fund contributions determined to be due. Classification /Worker TOTAL AMOUNT DUE AND PAYABLE Demand is hereby made to you for the total amount as shown above. Payment shall be expected within ten days. If these amounts are disputed, advise this office in writing within ten days as to the basis of the dispute and any amounts you concede to be due. This letter also constitutes a notice to cease and desist violations previously noted. Continued violations of this type will result in additional unpaid wages becoming due and additional penalties assessed under Labor Code Sections 1775, 1776, and 1813. STATE \JLABOR - C[O,MMISSIONER By Jgs�eph M. DiFrancesco CC: ubcontractor Bonding Company P w —/7 (5/07) NOTICE OR PAYMENT DUE Employee Name & Classification Dennis B. CONN Laborer to Period Worked Hours Wages Worked Due 04 -21 -91 333.5 S/T 31428.03 07 -16 -91 4 0/T Rate Paid: $15.00 S/T $22.00 0/T Required Prevailing Wage Rate: $25.15 S/T $33.245 0/T .� , . �� rn � � � � :'� �; 12 �- r o� `,; i _ ��, i Release of Stop Notice TO: CITY OF NEWPORT BEACH Construction Lender (or party with whom Stop Notice was filed) 3300 Newport Blvd„ Newport Beach, CA 92659 (Address) �r - RECEIVED OCT 9 ;1991 CRY CLERK CITY Br MtYlI'pRT BFACR You are hereby notified that the undersigned claimant releases that certain Stop Notice dated August 23, 1991 in the amount of $ 13,116.80 against CITY OF NEWPORT BEACH as owner or public body and GUILD CONSTRUCTION as prime contractor in connection with the work of improvement known as "Street Improvements" Balboa Blvd. at "L" Street, Miramar 6 19th Street in the City of Newport Beach , County of Orange State of California. Date September 30, 1991 Name of Claimant BEJAC CORPORATION (Firm No- R Y �� Ron Barlet (Signature) Vice — President (Official Capacity) . VERIFICATION I, the undersigned, state: I am the Vice - President of ("Agent of-, 'President o / ", "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 September 30, 1991 at Placentia State of California 1, la /%y - 9/ )PIES SWTa Mayer Cc ✓i MMW AUM Bldg GenSenOk PB&RDk Planning Dir Police CMd v T' W. DIr z rf /ti a "gar 0 LULW2laO�cn,f RICA FORM 5(REV. 2/87) (Signature of Claimant or Authorized Agent) • 6 1661 6 0 loo Mc mob A nc STOP NOTICE NOTICE TO WITHHOLD TO HOLDER OF FUNDS City of Newport Beach (Name of owner, construction lender or public officer) 3300 Newport Blvd. Newport Beach, CA 92659 -1768 (Address of owner or construction lender) YOU ARE HEREBY NOTIFIED THAT the undersigned claimant, �y. REG�I�ED SEP 19 1991 NEWPnRt BEACH , HOLDER OF FUNDS. Hyd 90241 (Name and address) has furnished or has agreed to ALL (labor, services, equipment, materials) of the following kind Dewatering Pumps, Risers, Cord, Hose, Pipe, Gravel & Labor (general description of labor, services, equipment or materials) to or for Guild Construction for the work improvement, located at, or known as: (name of person to or for whom furnished) 19th Street Storm Drain Newport Beach, CA (address, regal description, description of site or project identification) The amount in value of the whole agreed to be done or furnished by claimant is $ 8,850.00 The amount in value of that already done or furnished by claimant is 8,850.00 Claimant has been paid the sum of $ 1,890-00 and there rem�ns due ajd pad the sum of us960 .00 nv. ZZ g� 1 plus interest thereon at the rate of 18 per cent per annum from Inv. 2974 August 31 , lg 91 YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST. Dated: Sept. 16, 1991 Hydroquip Pump & Dewatering Corp_ Name of Claimant STATE OF CALIF RNIA COUNTY DF ` Oly)' .f/.Y ly 9355 Stewart & Gray Rd. Downey, CA .90241 Address of Claimant U❑C7p t C r r ( r. being duly sworn, deposes and says: That he is the perso ) who signed the foregoing Stop Notice; that —he has read the same and knows the contents thereof to be true of h own knowledge, except as to any matters or things that may therein be stated on h_ information and belief and as to those matters and things _he believes them to be true. % Subscribed and sworn to before me i� this—day of�� 19 Notary Public and in and for said Stale PvM P � Dtfi 7' OFICIAL .SEAL ELLE ANDERSON 1 PUBLIC - CALIFO RNIA ANGELES COUNTY m. expires APR 16, 1994 y 711, stmdard form m•m mwt used pobl m to the field tardlmared. before yoo a reaaa 4 BR m blaR6, l/TOP NOTIC[ and make c6enpq pope o yov CleuctloR. Cmndt aLwyer s you doubt the foema somas fm Fort pneue• WOLCOT IF FORM 419> Rnv. 2.711 IOriceclas53) 0 LABOR COMMISSIONER, STATE OF CALIFORNIA Department of Industrial Relations Division of Labor Standards Enforcement Bureau of Field Enforcement 245 West Bico@Aw, Suite 450 Long Bmc1T, CA 9M (213) 5590-5166 AWARDING BODY: CITY OF NEWPORT BEACH Public Works Department 3300 Newport Boulevard L_ Newport Beach, CA 92663 RECEIVED -� SEP 16 1991 CITY CLERK CITY OF NF.WN)RT BEAD 7 J DATE: IN REPLY, REFER TO CASE NUMBER: September 4, 1991 27 -PW- 05285/712 NOTICE TO WITHHOLD 1 PROJECT NAME f CONTRACT NUMBER 19th Street, Peninsula Pt., Collins Avenue, Stormdrain /Sidewalk Repair C -2800 PRIME CONTRACTOR - Guild Construction, Inc. 18452 Yorba Linda Blvd., Ste. D -114, Yorba Linda, CA 92686 SUB - CONTRACTOR Enclosed are a NOTICE OF WAGES OWED and NOTICE OF PENALTY ASSESSMENT pertaining to the above -named project. You are d�r 6! to withhold and retain from any payments due the general contractor the total amount of $ , 1 l i 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 Labor Code Section 1731 requires you retain the above stated sum pending the outcome of the suit. 14 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 the 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 under penalty of perjury as follows: I am an authorized representative acting for the State Labor Commissioner. I execute this Declaration on behalf of the workers whose names are set forth on the attached notices. I have read the foregoing Notice to Withhold and I have made an investigation of the facts relating thereto, and based on all the facts known to me at this time and based on all of the statements and information 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 ey "'JosepFi M. DiFrancesco cc: Guild Construction, Inc Bonding Company C.C.C. File PW— 111 (5137) NOTICE TO WITHHOLO �Ratxrey 7ir. 11 r. r � r•: ni li :l Dir Chief .t�'Otiter� �Utr�raoicy •aau6isse s14 Jo iol:)elluoo 041 Aq pauielgo si Lptfm luaw6pnf jeuil Fue of loalgns aie sainl!aliol pup Sall eued a41 asiMiaylo -aau6tsse si4 io jolo.eiluoa a41 lsuie6e luaw6pnf linoo �euiJ a Jo Juana ayl ui Ajuo iaanseeil alelS a41 of papienvol aq pue 'fins ayl Jo awoalno a41 uipuad Apoq 6wpieMe a41 Aq pouielai aq I1e4s samba iol pue sailleuad a41 'poijad l�ep -p6 841 ui41!M panIaoai si 4:)IgM view pa�aln ai Aq io suowwns�0 a�injas Aq Ja43ia pouad (ep-06 041 ui41!m (poq 6wpieMe ayl lsuie6e l4 nojq si lins 1i -16L1 uo!loas spot joge1 • TO: FROM: SUBJECT: City Council Public Works Department August 12, 1991 CITY COUNCIL AGENDA ITEM NO. F -16 DELETION OF THE COLLINS AVENUE DRAIN FROM THE CONTRACT FOR STORM DRAIN CONSTRUCTION (C -2800) RECOMMENDATIONS: 1. Direct the Public Works Department to negotiate an agreement to delete the Collins Avenue drain from the contract. Adopt a budget amendment re- appropriating the funds to F.Y. 1991 -92. DISCUSSION: • On February 25, 1991, a contract was awarded to Guild Construction Company for the construction of storm drains in 19th Street from Balboa Boulevard to the Bay; in L, M and Miramar Streets on the Balboa Peninsula; and on Collins Avenue from Park Avenue to South Bay Front. Guild had successfully completed other work for the City and had been recommended by other agencies. However, once they started work in 19th Street it was evident that they were not experienced at working where groundwater was encountered. They took nearly twice the allotted time to construct the main line storm drain. Due to caving as a result of inadequate dewatering, they damaged the existing sewer main and manhole and broke a gas line. Also, because of inadequate dewatering prior to placing concrete, new structures had to be repaired or replaced to be acceptable. in retrospect, the work should have been stopped after the first few days. However, Guild was allowed to continue with the hope that they would learn as they went on. This never seemed to occur. The Specifications required that the Collins Avenue drain . be completed by June 15, 1991. Because the work on 19th Street took so long, it was no longer possible to complete the Collins drain on time. The contractor was directed to construct the Peninsula drains; and to not start on the Island until after Labor Day, at which time he would be given the Contract Specified 45 days to complete the work. The Peninsula drains are all above the water table and Guild has done an excellent job well within the allotted time. r, • 0 0 Subject: Deletion of the Collins Avenue Drain from the Contract for Storm Drain Construction (C -2800) August 12, 1991 Page 2 Due to the financial losses suffered on 19th Street and the absence of any private work, Guild is going out of business. In addition, the one employee that had any knowledge of work below the water table is leaving for another job. Since the work on the Island cannot start for another two months and most of the pipe is below the water table, Guild has requested that the Collins Avenue drain be deleted from their contract. It appears that granting their request would be in the best interests of the City, and particularly those of the Collins Avenue residents. If the work is deleted from Guild's contract, it would be re -bid for construction this fall. Inasmuch as the project funding is part of the Fiscal Year 1990 -91 budget, a budget amendment re- appropriating the funds to F.Y. 1991 -92 is needed. • Ja Benjamin B. Nolan Public Works Director GPD:so • r Release of Stop Noti,te RECEIVED AUG 13 1991 tt CITY t+ City of Newport Beach TO: ' Construction Lendertorparty with whom Stop Notice wasftled) 3300 Newport Blvd., Newport Beach, California 92660 Address You are hereby notified that the undersigned claimant releases that certain Stop Notice dated Julv 10, 1991 , in the amount of S 4969.34* against City of Newport Beach as owneror public body and Guild Construction as prime contractor in connection with the work of improvement known as Balboa & 19th — Newport Beach in the City of Newport Beach County of Orange Date August 6, 1991 , State of California. Name of Claimant By t��ISmfyYrm.l 1, the undersigned, stale: I am the Credit Manager ("Agentof' "Pre;identof' "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. 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 August 6 1991 at Arcadia California. !Signal a of Claimant ar Authorized Agent) BICA FORM! (REV. 3-83) eM Via'" -,olrl�r • GMSOV Dk ❑PB&RDir. • Planning Dlr ❑ Police Chid � -a`PW. D I r A ,,/other -? �,lylt. Poe 1991 AUG 06 '91 16:30 OWL P.2 Relesse of Stop Notice Tfl- City of Newport Beach " T RECEIVED hug 1195, cm caRK You are hereby notified that the undersigned claimant releases that certain Stop Noticedated .Iu1D 10, 1991 inthoamountbfs 4969.34* against fC' ,v of Newport Beach as owner or public body and Guild Construction as prime contractor in connection with the work of improvement known as Balboa & 19th Newport Beach �c4 OQ in the City of Newport Beach County of Orange State of California. Date August 6, 1991. NameofClaimant AWL ROCK PRODUCTS By ,1p � ¢ �'� � (� f Official Capacity c MM ce 40 W o� m saa � oc.->00 15 00000 VERIFICATION 1, the undersigned, state: 1 am the Credit Manager ( "Ageatof', "Prestdtntaf' "A Partner of "Owner of'.r(cl the claimant named in the foregoing Release, l have read said Releaseof 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 6 i991....... at Arcadia California. (Signalike ofClaltnan(orAsr6ariredAgent) Release of Stop Notice TO: City of Newport Beach s ce was Theo.) ,UL s You are hereby notified that the undersigned claimant releases that certain Stop dated 7 -9 -91 in the amount of $62,268.61 against City of Newport Beach CA as owner or public body and Guild Construction Co. as prime contractor in connection with the work of improvement known as installation of street lighting and related appurtenances @ Collin Ave. Storm Drain MEC# L -198 in the city of Newport Beach County of Orange , State of California. DATE 7 -10 -91 � yy dc Oo� U0C cl r,� Name of Claimant Moore feltr9trlical Contracting, Inc. (Firm) By (Signature) President (Official Capacity) VERIFICATION I, the undersigned, state I am the President (Official capacity) the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and 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 July 10 ,19 91 , at Corone / f , State of California. --------------------------------------- - - -(S' nature of Claimant - --- -- or Auth. Agent) -- - -- - -- ------------------------------------ State of California County of On this 10th day of July , 19 91 , before me, the undersigned, a Notary Public in and for said State, personally appeared Roscoe Moore , personally known to me to be (or proved to me on the basis of satisfactory evidence) the person who executed the within instrument as President of the Corporation therein named, and acknowledged to me that the Corporation executed it pursuant to its by -laws or a resolution of its board of directors. W hand and official seal. .. OFFICIAL SEAL MARILYN J. tAWSON NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN Notary my i n and sai d State 3> RIVERSIDE COUNTY My Commission Exp. Dec. 22. 1992 C • Stop Notice • CALIFORNIA CIVIL CODE SECTION 3103 NOTICE TO City of Npupnr $W o Cansnurfion lotdrr, Public Body or Owner) 3300 Newport Blvd. Newport Beach. Ca. 92660 (Addreu/ (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 tqau payments under provisions of the contract — CIVIL CODE SECTIONS 3179 - 3214) Prime Contractor: Guild Construction Inc. Sub Contractor (1f Any) City of Newport Beach NII 11 1981 Owner or Public Body: Y r+'P _ Balboa & 19th - Ne or °��cmafax Improvement known as wp t Beach rc 'tyofD (Name and address d piojerT0Ttinrk o iinprovemenq in the City of Newport Beach County of Orange State of California. OWL ROCK PRODUCTS Claimant, a Partnersh; (Claimant) (Corporation /Pormas ip /Sa a 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 Guild Construction Inc (Name of Subeommrtnr /Conlrartor/Owaer-Builder) The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was Ready Mix Concrete and /or Rock and Sand and /or Asphalt (Describe in de /ail) Total value of labor, service, equipment, or materials agreed to be furnished......... S 4969.34 Total value of labor, service, equipment, or materials actually furnished is............ $ 4969.34 Credit for materials returned, if any ........... .................... :.... ...... .................... $ 0 Amount paid on account, if any .................................... ............................... $ 0 Amount due after deducting all just credits and offsets ...... ............................... $4969.34 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 $ 4969.34 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 Slop (is/is nor) Notice served on constructions lender on private jobs — bond not required on public jobs or on Slop Notice served on owner on private jobs). Date ul )i 10, 1991 Name of Claimant OWL ROCK PRODUCTS (Firm Namo FF P.O. Box 330 S (Mailin Address) g B Acadia, California 91066_. �� V� F' fti CC \ � Y v Peter edit Cr oupnaat r nifya / er sm�% (Olrcia L ol' t� VERIFICATION r� r � m 1, the undersigned, state: I am the /'Agent n "President or: 'it Partner , 'Owner of: rtr.) the claimant named in the foregoing Stop 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 1 certify (or delcare) under penalty of perjury under the laws of, the State of California that the foregoing is true and correct. Executed on July 10 19 Stale of California 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: (Claimant must enclose self addressed stamped envelope) aleA FORM 4IFSNOI) In199 STOP NOTICE NOTICE TO WITHHOLD TO HOLDER OF FUNDS City of Newport Beach Z boo 4 . RECEIVED JUL 9 1991 ewe" NEwP«,T Bar, (Name of owner, construction lender or public officer) 3300 Newport Blvd., Newport Beach, CA 92663 HOLDER OF FUNDS, (Address of owner or construction lender) YOU ARE HEREBY NOTIFIED THAT the undersigned claimant, Moore Electrical Contracting, Inc, 1852 W. Pomona Rd., Corona, CA 91720 (Name and address) has furnished or has agreed to furnish Labor, services, equipment, and materials (labor, services, equipment, materials) of the following kind construction and installation of street lighting and related appurtenances (general description of labor, services, equipment or materials) to or for Guild Construction Co. _ (name of person to or for whom furnished) MEC # L -198 Collin Avenue Storm Drain, for the work improvement, located at, or known as: 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 $ 64,970.00 The amount in value of that already done or furnished by claimant is $ 62,268.61 Claimant has been paid the sum of $ 00.00 , and there remains due and unpaid the sum of $ 62,268.61 plus interest thereon at the rate of 18 per cent per annum from 7 -9- 19 91 YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST. 7 -9 -91 Moore Electrical Contracting, Inc. Name of Claimant 1852 W. Pomona Rd., Corona, CA 91720 Address of Claimant STATE OF CALIFORNIA t COUNTY OF Riverside J SS. t idc CD �° rkm C.> 0 Roscoe Moore _ be;nguly sworn, deposes and says: That _he is the person(s) who signed the foregoing Stop Notice; that ._he has read the same and knows the contents thereof to be true of h l ss own knowledge, except as to any matters or things that may therein be stated on In _JS information and belief and as to those matters and things —he believes them to be true. Ros,6oe Moore, President Moore Electrical Contracting, Inc. Subscribed and sworn to before me .r,cee,ee,.s.e,ea s 9th _day of July 91 �.. OFFICIAL SEAL 01 17 MARILYN J. UIWSON 17 Qp ' .� _ NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN No Public an for said State � ";�`"�v °17%- RIVERSIDE COUNTY + �,;.'3;. My Commission Up. Dec. 22. 1992 Thir ,tendard form coven mod usual problem, in the Geld Indicated. 8efon you ,lpl ned N, fill to all blurs, @TOP NOTICE and make changes proper to your transaction. Commit a lawyer if you doubt the form s fitness for your purpom. WOLCOTTV FORM 094 —R {V. 2.90 �i r ;�� s �: �: x��< a= A a 6N � C! J�,,^ �: � :O CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 6443005 TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: March 1, 1991 SUBJECT: Contract No. C -2800 Description of Contract Collins Avenue Storm Drain, Peninsula Point Storm Drains, and 19th Street Storm Drain and Street Effective date of Contract March 1. 1991 Authorized by Minute Action, approved on February 25, 1991 Contract with Guild Construction, Inc. Address 5100 E. La Palma, Suite 113 [oil Amount of Contract $686,610.06 " 6e 4e Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach r" �� • CITY CLERK NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P. 0. Box 1768, Newport Beach, CR 92659 -1768 until 11:00 A.M an the 13thday ofF br ar , 1991, at whit time suc bids s -Tull be opened and read for COLLINS AVENUE STORM DRAIN, PENINSULA POINT STORM DRAINS, AND 19TH STREET STORM DRAIN AND STREET REHABILITATION Title of Project 2800 Contract No. $700.000.00 Engineer's Estimate Rpproved by the City Council this 14th day of January 1991 Wanda E. Raggio City Clerk Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. 0. Box 1768, Newport Beach, CA 92659 -1768. For further information, call Gilbert Wong at 644 -3311. Project Manager 'r PR 1.1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Ij;i0Y'TiT.: M COLLINS AVENUE STORM DRAIN PENINSULA POINT STORM DRAIN 19TH STREET STORM'DRAIN AND STREET REHABILITATION CONTRACT NO. 2800 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659 -1768 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the. Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials 'and do all work required to complete *.this Contract No. 2800 in accordance with the Plans and Special Provisions, and will take in full payment therefore the following unit price for the work, complete in place, to wit: ITEM QUANTITY ITEM DESCRIPTION UNIT NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE 1. Lump Sum Mobilization and traffic control Twenty -three thousand @ two hundred fnrty Dollars and None Cents Per Lump Sum 2. 750 Install 8 -inch A.C.P. water Linear Feet main Forty Dollars and Eighty -eight Cents Per Linear Foot 3. 110 Install 6 -inch A.C.P. water Linear Feet main M1 :: TOTAL PRICE www'LAIIN1111 $30,660.00 @_ Eighty -two Dollars and Cents $82,88 $ 9,116.80 Per inear Foot PR 1.2 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 1 Each 5. . 5 Each Reconnect existing 2 -inch service @ One thousand twenty Dollars and thirty -two Cents $ 1,020.32 $ 1,020.32 Per Each Install 6 -inch butterfly valve @ Six hundred thirty - two Dollars and eighty Cents $ 632.80 $ 3,164.00 Per Each 6. 3 Install 8 -inch butterfly valve Each @ Seven hundred seventy- Dollars three and ninety -two Cents $ 773.92 $ 2,321.76 Per Each 7. 3 Remove existing and replace Each with new fire hydrant assembly @ Two thousand five Dollars hundred seventy and none Cents $ 2,520.00 $ 7,560.00 Per Each 8. Lump Sum Temporary bypass water system @ One thousand three Dollars hundred sixty-one and ninety -two Cents $ 1,361.92_ Per Lump Sum 9. Lump Sum Construct 6" Water Main Modification ( "L" Street & Alley 202) @ Four thousand eight Dollars hundred forty--Wt"!__ and sixty Cents $ 4,849.60 Per Lump Sum t- P • • PR 1.3 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. .Lump Sum Pressure test and disinfection @ Three thousand six Dollars hundred ninety -six and None Cents $ 3,696.00 Per Lump Sum 11. Lump Sum Remove and abandon existing water mains @ One thousand eight Dollars hundred five and forty -four Cents $ 1,805.44 Per Lump Sum 12a. 7 Install 1 -inch water service Each (19th Street) @ Five hundred eighty- Dollars two and forty Cents $ 582.40 $ 4,076.80 Per Each 12b. 14 Install 1 -inch water service including Each trench restoration or jacking ( "L" Street, Peninsula Point) @ One thousand nine -teen Dollars and twenty Cents $ 1-019,20 $ 14 268.80 Per E h 13. 15 Install house connection Each cleanout at property line @ One thousand one Dollars hundred eighty and Cents $_],180.48 $ 17,707.20 Per E C_eighf 14. 4 Construct catch basin Type OL -A Each and local depression, L= 5' @ Two thousand eighty- Dollars ree and twenty Cents $ 2,083.20 $ 8,332.80 Per Each 15. 8 Construct catch basin Type OL -A Each and local depression, L= 6' @ Two thousand twenty- Dollars eig and thirty -two Cents $ 2,028.32$ 16,226.56 Per Each • PR 1.4 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 6 Construct catch basin Type OL -A Each and local depression, L= 7' @ Two thnwcand nne Dollars hundred seventy - .seven and twanty-ai ght Cents $ 2 _ 177.29 $11,063-6,19 Per Each 17. 7 Construct catch basin Type OL -A Each and local depression, L= 10' @ Twn thmigand fives Dollars hundred twenty -six and Cents $ $ 17 7.04 seventy -fyuo 2 ,526 72 FR Per Each 18. 3 Construct area'drains Each (South Bay Front walk way) @ Eight hundred nine Dollars and seventy -six Cents $ 809.76 $ 2,429.28 Per Each 19. 932 Construct 15" dia. storm drain Linear Feet lateral @ Twenty -eight Dollars and sixty -four Cents $ 29.64 $ 26,6992.419 Per Linear Foot 20. 1,840 Construct 18" dia. storm drain Linear Feet pipe @ FDrty_fmir Dollars and thiriePn Cents $ 44.13 $ 81 .199.20 Per Linear Foot 21. 870 Construct 24" dia. storm drain Linear Feet pipe @ Forty Dollars and one Cents $ 40.01 $ 34.808.70 Per Linear Foot 23. 5 Each 24. .2 Each Construct reinforced concrete pipe anchor @ Three hundred sixty -two Dollars and eighty -eight Cents Per Each $ 362.88 $ 11814.40 Furnish.and instalL 24!' slide gate, actuator, conduit, meter panel; and control station @ Ten thousand one Dollars hundred i r y- ree and none Cents $10,133.00 $20,266.00 Per Each 25. 2 Construct modified slide gate Each catch basin with cover @ Five thousand eight Dollars hundred sixty-eight and eighty Cents $ 5,868.80 $11,737.60 Per Each 26. 10 Construct storm drain junction Each structure No. 1 with manhole @ One thousand seven Dollars un re six y- wo and eighty -eight Cents $ 1,762.88 $17,628.80 Per Each 27. 3 Construct storm drain modified Each junction structure (South Bay Front walk way) @ One thousand two Dollars n red Sixty five and sixty Cents $ 1,265.60 $ 3,796.80 Per Each PR 1.5 ITEM QUANTITY ITEM DESCRIPTION IINIT TOTAL NO. AND IINIT IINIT PRICE WRITTEN IN WORDS PRICE PRICE 22. 60 Construct 24" dia. A.C.P. storm Linear Feet drain pipe (3750 -D) @ Ninety -five Dollars and forty -six Cents: $ 95.46$ 5;72.7.60 Per Linear Foot 23. 5 Each 24. .2 Each Construct reinforced concrete pipe anchor @ Three hundred sixty -two Dollars and eighty -eight Cents Per Each $ 362.88 $ 11814.40 Furnish.and instalL 24!' slide gate, actuator, conduit, meter panel; and control station @ Ten thousand one Dollars hundred i r y- ree and none Cents $10,133.00 $20,266.00 Per Each 25. 2 Construct modified slide gate Each catch basin with cover @ Five thousand eight Dollars hundred sixty-eight and eighty Cents $ 5,868.80 $11,737.60 Per Each 26. 10 Construct storm drain junction Each structure No. 1 with manhole @ One thousand seven Dollars un re six y- wo and eighty -eight Cents $ 1,762.88 $17,628.80 Per Each 27. 3 Construct storm drain modified Each junction structure (South Bay Front walk way) @ One thousand two Dollars n red Sixty five and sixty Cents $ 1,265.60 $ 3,796.80 Per Each i • • PR 1.6 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 28. 7 Construct storm drain ! Each' junction structure No. 2 (Peninsula Point) @ Eight hundred thirty- fiveDollars and . fifty -two Cents $ R15 59 $ A4R_f,4 Per Each 29. Lump Sum Remove and abandon existing storm drain @ Four thousand one Dollars hundred thWty -seven and twenty -eight Cents $ 4,137.28 Per Lump Sum 30. 30 Remove existing improvements and Linear Feet construct Type "B" P.C.C. curb per CNB Std. -182 -L @ Twenty -one Dollars and fifty -seven Cents $ 21.57 $ 647.10 Per Linear Foot 31. 8,760 Remove existing and construct Square Feet P.C.C. sidewalk @ Two Dollars and Forty Cents $ 2.40 $21,024.00 Per Square Foot 32. 94.5 Construct P.C.C. sidewalk Square Feet @ One Dollars, and seventy -nine Cents $ 1.79 $ 169.16 Per Square Foot 33. 175 Remove existing alley approach Square Feet and construct new alley approach @ Thirteen Dollars and twenty -two Cents $ 13.22 $ 2,313.50 Per Square Foot PR 1.7 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 34. 55,000 Remove existing P.C.C. roadway Square Feet pavement and replace with 8" thick P.C.C. pavement @ Two Dollars and . aighty-c9Y Cents $ 9_R6, $157,3nn_nn Per Square Foot 35. 11,700 Remove existing P.C.C. pavement Square Feet and prepare subgrade (19th St.) @ Zero Dollars and Seventy -seven Cents $ 0.77 $ 9,009.00 Per Square Foot 36.' 420 Construct 611 thick A.B. Tons @ Thirteen Dollars and twenty -nine Cents $ 13.29 $ 5,581.80 Per Ton 37. 300 Construct 4" thick A.C. pavement Tons @ Thirty -eight Dollars and thirty -four Cents $ 38.34 $ 11,502.00 Per Ton 38. 700 Remove existing P.C.C. improvements Square Feet and construct P.C.C. curb access ramp @ Two Dollars and seventy -four Cents $_ Per Square Foot 39. 1,400 Remove existing improvements and Linear Feet construct Type "A" P.C.C. curb and gutter per CNB Std. -182 -L @ Fifteen Dollars and one Cents Per Linear Foot 2.74 $ 1,918.00 $ 15.01 $ 21.014.00 PR 1.8 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 40. 2,820 Install street light conduit Linear Feet with (1) #8 5 -kV conductor and (1) bare copper ground wire @ Spvpntppn Dollars. nd a ninpttwo Cents $ 17.92 $50„34.40 Per Linear Foot 41. 200 Install street light conduit Linear Feet with (2) #8 5 -kV conductors and (1) bare copper ground wire 44. 130 Install street light conduit Linear Feet with (2) #12 conductors (black and white) and (1) bare copper ground wire at 19th Street @ Twenty Dollars and sixtaPn Cents $ 20.16 $ 2,620.80 Per Linear Foot @ Fiftapn Dollars and fifth -nna Cents $ 15.51 $ 3,107.00 Per Linear Foot 42. 27 Provide and install street Each light pull box #3 -1/2 @ nna hiindrad twplva Dollars and none Cents $ 112.00 $ 390 Per Each 43. 3 Remove and reinstall existing Each street light standard @ Two hundred one Dollars and Cents $ 701.60 $ 604.80 Per Each 44. 130 Install street light conduit Linear Feet with (2) #12 conductors (black and white) and (1) bare copper ground wire at 19th Street @ Twenty Dollars and sixtaPn Cents $ 20.16 $ 2,620.80 Per Linear Foot 0 • PR 1.9 Six hundred nighty cix thnugand six hundred ten Dollars and Six Cents $686,610.06 TOTAL BID PRICE (WORDS) TOTAL BID PRICE (FIGURES) �j Guild Construction, Inc. 571867 "A" 6/91 Bidder State Contractor's License No. & Expiration Date ** February 8, 1991 Au horized S1gna -e itle Date F ank Dudley, Pre s den 5100 E. La Palma, Suite 113 �j Anaheim, CA 92807 (714) 970 -1180 Bidder's Address Bidder's Telephone 0 INSTRUCTIONS TO BIDDERS 0 Page 2 The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS. 1. PROPOSAL 2. INSTRUCTIONS TO BIDDERS 3. DESIGNATION OF SUBCONTRACTORS 4. BIDDER'S BOND (sum not less than 10% of total bid price) 5. NON - COLLUSION AFFIDAVIT 6. TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less than 10% of the total bid price.) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the 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 aggnts 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. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of-bid totals. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). The Contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 571867 "A" Contr's Lic. No. & Classification February 8, 1991 Date Guild Construction, Inc. Bidd Oil Au orized Signa itle Frank Dudley, PreslWnt Page 3 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. Subcontract Work Subcontractor Address 1 Electrical Moore . Corona 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Guild Construction, Inr Bidder Aut rued Signatur i e FrA k Dudley, Presid k 0 0 Page 4 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, GUILD CONSTRUCTION, INC. as bidder, and CBIC BONDING AND INSURANCE COMPANY as Surety, are held and firmly ound unto the City of Newport Beach, California, in the sum of TEN PERCENT OF AMOUNT BID NOT TO EXCEED EIGHTY TWO THOUSAND FIVE HUNDRED AND NO /100 Dollars ($ 65,500.00 ), 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 COLLINS AVENUE STORM DRAIN, PENINSULA POINT STORM DRAINS 2600 AND 19TH STREFT STORM it e o roject Contract No. in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver to said City the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) from the date of the mailing of contract documents for execution to the above bounden bidder by and from said City, then this obligation shall become null and void; otherwise it is and shall remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event that any bidder above named executed this bond as an individual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this day of 19 (Attach acknowledgement of Bidder, Attorney -in -Fact) - 1 LL ' Notary Public Au orized Signatur le Fr Ink Dudley, Pres Commission Expires: CRTC BONDING AND TNSNRANCF fnMPANY Surety By E :FR #f /{ - \{ Ll — :\z § \` \ \ ;L : a ) \\n \ \ f� . o0 I c rn� 2 0 8 b cWd7 N Q U Q o c U m to 'O L C u U oV W •N d p� �b sew r �a n Jul 0 9 0 U CBIC • • 1213 Office: Limited 1213 Valley Street Power of Attorney 9271 CBIC BONGING AND y Sea Seattle, le, WA 98109 -0271 INSURANCE COMPANY (206) 622 -7053 KNOW ALL MEN BY THESE PRESENTS that CBIC BONDING AND INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of Washington, and having its phompal office In Seattle, King County, Washington, does by these presents make, constitute and appoint BARBARA THIEL, of Laguna Hills. Cayforma, its true and lawful attorney- inlad, with fullpower and authority hereby conferred in its name, place and stead, to execute, adutowledge and deliver: (1) SBA guaranteed performance and payment bonds not exceeding the penal sum of $1,250,OOD; (2) bid bonds for jobs where, if the contract is awarded, the SBA guaranteed performance and or payment bond(s) will not exceed $1,250,000; (3) all other bonds coded and classified by the Surety Association of America in its Ram Manual of Fidelity, Forgery and Surety Bonds (including future amendments thereto) as Judicial, Contract (excluding bid bonds), Miscellaneous. License and Permit. and Federal not exceeding the penal sum of $2,000,000; (4) bid bonds for jobs wntten pursuant to the authonty in clause (3) above where, if the contact is awarded, the performance andror payment bonds) will not exceed$2,OD(LODO; and (5) all other bonds not exceeding the penal sum of $500,000. Provided, however, that BARBARA THIEL is granted power and authority to exceed the applicable penal limit previousty set forth for any bond in an amount equal to the amount of any leaer of credit, or similar security, received as collateral securty by the Company as an inducement to issue the bond; and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary; hereby ratifying and confirming all that the said attomey4n -tad may do in the premises. Said appointment is made under and by authority of Me following resolutions adopted by the Board of Directors of the CBIC BONDING AND INSURANCE COMPANY on Jamrary 15,1991: RESOLVED that the President is authorized BARBARA THIEL with power and thereto) as Judicial, Contract (excluding bid bonds), Miscellaneous, License and Permit, and Federal not exceeding the penal sum of $2.00 to authority in clause(3)above where, if the conhactis awarded, the performance ardor payment bond(s) will trot exceed $2.000.000; and of $500,000. ' RESOLVED FURTHER that BARBARA THIEL is gmnmd powerand authority to exceed the applicable Penal limit set forth in the preceding resolution for any bond in an amount equal to the amount of any letter of credit, or similar security, received as collateral security by me Company as an inducement to issue the bond. RESOLVED FURTHER that the authority of the Secretary ofthe Company to cerlifylheauthBnticity and effectiveness of the foregoing two resolu6cosin any Limited Powerd Attorney ishereby delegated to the following persons, the signature of any of the following to bind de Company with respect to the authenticity and effectiveness of the foregoing resolutions as 0signed by the Secretary of the Company: Donald SirtJn, R. L. Thiel, Charles J. Falskow and Janet K. Loraine. RESOLVED FURTHER that the signatures ( including certification that the Power of Attorney is still in force and effect) of the President, Notary Public and person eerNying aulhencciry and effectiveness, and the corporate and Notary seals appearing on any Limited Power of Atiorney containing this and the foregoing resolutions may be by lacsimile. RESOLVED FURTHER that all resolutions adopted prior to today appointing the above named as attomeywin -fad for CBIC BONDING AND INSURANCE COMPANY am hereby superseded, IN WITNESS WHEREOF, CBIC BONDING AND INSURANCE COMPANY has caused these presents to be sgned by its President and its corporate seal to be hereto affixed this 15th day of January, 1991. CBIC BONDING AND INSURANCE COMPANY STATE OF WASHINGTON —COUNTY OF KING PND INS/Jg4 xrlr SEAL I NG1�: On this 15th day of January, 1991, personally appeared STEVEN A. GAINES, to me known to be the President of the cerpoaton final executed the foregoing Limited Power of Attorney and admit dodged said Limited Power of Attorney to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on call, stated 00 he'* authorized to executetldsaid Limited Power otatlomorj. IN WITNESS WHEREOF, I have hereunto set my hand and aBaed my official seal the day and in and for the State of Washington, The undersigned, acting under authority of the Board of Directors of CBIC BONDING AND INSURANCE INSURANCE COMPANY, that de above and foregoing is a NA. true and coned ropy of the Original Power is still in force and effect --------� GIVEN under my hand at PoaBT02.DS-US011591 pUBUG as or in lieu of Certificate at the Secretary of CBIC BDNDING AND npany, and does hereby further certily that the said Power of Attorney M�DI'j'11A1j : NONCOLLDSION AFFIDAVIT State of California ss. County of 0 Page 5 Frank Dudley being first duly sworn, deposes and says that he or she is President of Guild CQnstruction, Inc. the party making the foregoing bid that the bid 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. Guild Construction, Inc. Bidder Aut orized Sign a re /Title F ank Dudley, Pre iden Subscribed and sworn to before me this My commission expires: day of Notary Public , 19_ _lll d E c o ¢ m¢ 3 v `o n T c K U N T N C Y N y T O t d C ¢ N N L VO f0 O d O N m D D7 a O m D D c n ° p �.t T WE O C (p Z d c Z V N N N i0 JJJ t0 m o _ L N ¢ O a N i E E o� •E T d c � N y m vMi a Q � N- h y O W N E m ocs o �= _ <N if X U W Z ¢ a O C � GUI0b CONSTRUCTIOANC. PHONE (714) 970 -1180 5100 E. LA PALMA FAX (71.4) 970 -5065 SUITE 113 ANAHEIM. CA 92807 To Whom It May Concern: All representations made herein, on the foregoing bid proposal, are made under penalty of perjury. Frank Dudley, ent G ild Constructiron, est Inc. 571867 "A" Exp. Date: 6 -91 • • Page 6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No. Jamboree Road 91 City of Irvine Shawn Thompson 714 - 724 -7556 (Various Projects) 90 City of Santa Ana Ron Wolford 714- 565 -4028 Street Improvements 90 City of Orange Ashok B. 714 - 532 -0457 Culvert 4n Citv of Int Anoeles Rav Morris 818 - 989 -8136 Offramp Widening Rg City of San Clemente Sam Shoucair 714 - 498 -2533 Beach Stairways 90 City of Long Beach Ken Walker _ 213- 590 -6383 er u orizeo signature n Dudley, Presiden February 6, 1991 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 COLLINS AVENUE STORM DRAIN, PENINSULA POINT STORM DRAINS, AND 19TH STREET STORM DRAIN AND STREET REHABILITATION CONTRACT NO. 2800 Bidders shall propose to complete Contract No. 2800 in accordance with the Proposal as modified by this Addendum: 1. PROPOSAL (Sheet PR 1.3) Revise Item No. 12 to two (2) separate bid items (Item No. 12a and Item No. 12b) per attachment (plan shows 2 each 1 -inch water service installations on the east side of "L" Street, whereas there are actually 14 each 1 -inch water service installations). 2. PLAN (D- 5199 -S, Sheet 2a) Revise joins to existing water mains as follows: a. Class 52 D.I.P. in 8 mil polyethylene encasement in lieu of Class 150 A.C.P.. b. 45 degree D.I.P. M.J. bends with mechanical joint retainer glands in lieu of 22.5 or 45 degree bends with transition couplings. C. D.I.P. X standard steel transition couplings in lieu of A.C. rough barrel X steel couplings. Please sign and date this ADDENDUM, and attach it to your bid Proposal. No bid will be considered unless this ADDENDUM is attached. Ail .iE%� !.y i't ' ert Wong Project Engineer GUILD CONSTRUCTION, INC. BIDDE SIG ATUR Fr nk Dudley, Presid FEBRUARY 12, 1991 Date • Page 7 N Q T I C E 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 (Pages 8 & 9) FAITHFUL PERFORMANCE BOND (Pages 10 &.11) CERTIFICATE OF INSURANCE & ENDORSEMENTS (Pages 12, 13,. 14) CONTRACT (Pages 15 & 16) The City of Newport Beach will not permit a substitute format for these. contract documents Bidders are advised to review their content. with bonding, insuring and legal agents prior to submission of bid. Payment and faithful performance bonds shall organization or surety (1) currently authorized by to transact busine$s of insurance in the State of- as an acceptable surety in the latest revision Circular:570. Insurance companies affording coverage shall by the Insurance Commissioner to transact business of California, and (2) assigned Policyholders' Financial Size Category Class VIII (or larger) in edition of Best's Key Rating Guide: Property -Cas provided as specified in the Standard Specifi Construction, except as modified by the Special P: be issued by an insurance the Insurance Commissioner California, and (2) listed of. the Federal, Register I (i) currently authorized- of o£ insurance in the State Rating A (or higher) and accordance with the latest ualty. Coverages shall be The following 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: 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." C -2800 Contract Number Guild Construction, Inc. Name of Con actor (] S Fray(ik Dudley, Preside Collins Avenue Storm Drain, Peninsula Point Storm Drains, and 1 Title of Project Storm Drain and Street Rehabilitation EXECUTED IN FOUR • PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That • BOND NO. CA2673 PREMIUM INCLUDED IN, PERFORMANCE BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted_ February 25, 1991 has awarded to Guild cnnstruction, Inc. hereinafter designated as the "Principal ", a contract for Collins Avenue Storm Drain, Peninsula Point Storm Drains, and 19th Street Storm Drain and Street C -2800 Page 8 Rehabilitation in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his or its subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We GUILD CONSTRUCTION, INC. as Principal, and CBIC BONDING AND INSURANCE COMPANY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of Six hundred eighty -six thousand six hundred ten and 06 /100Dollars ($686,610.06 ), said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns. jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his subcontractors, fail to pay for any materials, provisions, or other supplies, used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind or for amounts due under the Unemploy- ment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. The bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon Payment Bond (Continued) Page 9 this bond, as required by the Provisions of Scions 3247 et. seq. of the Civil Code of the State of California. ° And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications. In the event that it is agreed that the its obligations under any principal above named executed this bond as an individual, death of any such principal shall not exonerate the Surety from this bond. IN WITNESS WHEREOF, this instrument Surety above named, on the 25TH da yhas been duly executed by the Pi�ir� ai�}1 of FEBRUARY _ 1 Guild Construction, Inc. regal- Name of Cont ractor Primal Frank Dudley, P/esiont Authorized Sgnature and Title CBIC BONDING AND INSURANCE COMPANY (Seal) Name of Surety 23172 PLAZA POINTE DR. STE. 185 LAGUNA HILLS, CA 92653 Add res f urety BY:.C� Signature and Title of ut or ze gent , ANN CROUL, ATTORNEY —IN —FACT Address of gent (714) 770 -9733 Telephone N of gent • f d r a s n rn °-i w � O O L U 1 a� v a uS v a C7 0°0 r oV�QQ V A^ O (� d p a y r K A A • ; Y • • Home Office: CBICLimited 1213 Valley Street CBIC BONDING AND Power of Attorne P.O. Box 9271 INSURANCE COMPANY y Seattle, 96109 -0271 (206)622 -2- 7053 KNOW ALL MEN BY THESE PRESENTS that CBIC BONDING AND INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of Washington, and having its principal office in Seattle, King County, Washington, does by these presents make, consinute and appoint ANN CROUL, of Laguna Hills, Califomia, its true and lawful ahomey-in -fact, with full power and authmfy hereby confirmed in its name, pace and stead, to execute, acknowledge and deliver: (1) SBA guaranteed performance and payment bonds not exceeding the penal sum of $1,250,000; (2) bid bonds for jobs where, if the centh lis awarded, the SBA guaranteed performance and/or payment bonds) will not exceed $1,250,000; (3) all other bonds coded and classified by the Surety Association of America in its Rate Manual of Fidelity, Forgery and Surety Bords (including future amendments thereto) as Judicial, Contract (excluding bid bonds), Miscellaneous, License and Permit, antl Federal not exceeding the penal sum of $2,004000; (4) bid bonds for jobs written pursuant to the authority in clause (3) above where, if the contract is awarded, the performance and /or payment boons) will not exceed $2,000,000; and (5) all other bonds not exceeding the penal sum of $500,000. Provided, however, that ANN CROUL is granted power and authority to exceed the applicable penal limit previously set forth for any bond in an amount equal to the amount of any loner of credit, or similar security, received as collateral security by the Company as an inducement to issue the bond: and to bird the Company thereby as fully and to the same extent as N such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary; hereby ratifying and contmerig all that the said aIXOmayAn fact may do in the premises. Said appointment is made under and by authority of the following resolutions adopted by the Board of Directors of the CBIC BONDING AND INSURANCE COMPANY on January 15,1991: RESOLVED that the President is authorized to appoint as attorney -in -fact of the Company ANN CROUL with power and thereto) as Judicial, Contract (excluding bid bonds), Miscellaneous, License and Permit, and Federal not exceeding the penal sum of the authority In clause (3) above whem, if the contract is awarded, the performance and/or payment bo nfis) will not exceed $2.000,001 Of $500,000. on behalf of the Company: (1) SBA guaranteed r ions written pursuant to exceeding the penal sum RESOLVED FURTHER that ANN CROUL is granted power and authority to exceed the apple" penal limit set forth in the preceding resolution for any bond in an amount equal to the amount of any letter of credit, or similar security, received as collateral seam y by the Company as an inducement to issue the bond. RESOLVED FURTHER that the authonty of the Secretary of the Company to certify the authenticity antl effectiveness of the foregoing two resolutions in any limited Power of Attorney is hereby delegated to the following persons, the signature of any of the lollowing to bind the Company with respect to the authenticity and effectiveness of the foregoing resolutions as it signed by the Secretary of the Company: Charles J. Falskow, Gary Bailey, R. L. Thiel, Barbara Thiel, Janet K. Lorraine, Donald Sirvin and Steven A. Gaines. RESOLVED FURTHER that the signatures (including certification that the Power of Attorney is still in force and effect) at the President. Notary Public and person certirying authenticity and effectiveness, and the corporate and Notary seals appearing on any Limned Power of Attorney containing this and the foregoing resolutions may be by facsimile. RESOLVED FURTHER that all resolutions adopted prior to today appointing the above named asahomeywin -Fact for CBIC BONDING AND INSURANCE COMPANY are hereby superseded. IN WITNESS WHEREOF, CBIC BONDING AND INSURANCE COMPANY has caused these presents to be signed by its President and its corporate seal to be hereto affixed this 15th day of January, 1991. CBIC BONDING AND INSURANCE COMPANY By: --U Steven A. STATE OF WASHINGTON—COUNTY OF KING Off i; SEAL hgSHIryG On this 15th day of January, 1991, personally appeared STEVEN A. GAINES, to me known to be the President of thecorpormon that executed the foregoing Limited Powerol Aho ney and acknowledged said Limited Power of Attomey to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said Limited Power of Attorney. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year firsCaWbovel%y' DA g Notary Public in and for the State of Washington, residing at Seattle ��, The undersigned, acting under aul rd of Directors of CBIC BONDING AND INSURANCE COMPANY, hereby a INSURANCE COMPANY, than e`above and fore is a full, hue and correct copy of the Original Power of Attorney issued by s is still in force and effect. as or in lieu of Certificate of the Secretary of CBIC BONDING AND rpany, and does hereby further candy that the said Power of Akomey GIVEN under my hand at 1- r110U1NA1 H {L . - % M -7 day of FEBRUARY ,1991 —. PoaACO2.03- CA011591 • Page 10 FAITHFUL PERFORMANCE BOND BOND NO. CA2673 PREMIUM: $13,732 KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by -motion adopted February 25, 1991 has awarded to Guild Construction, Inc. hereinafter designated as the "Principal ", a contract for Collins Avenue Storm Drain, Peninsula Point Storm Drains, and 19th Street Storm Drain and Street C -2800 iin thel t y o� Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said.contract and the terms thereof require.the.furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, GUILD CONSTRUCTION, INC. as Principal, and CBIC BONDING AND INSURANCE COMPANY as Surety, are held and firmly bound unto the City of Newport Beach, in the sum of Six hundred eighty -six thousand six hundred ten and 06/100 Dollars ($686,610.06 said sum being equal to 100% of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, con- ditions, and agreements in the said contract and any alteration thereof made as therein provided on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice Page 11 Faithful Performance Bond (Continued) of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Pr,%,cipal- iirid-,, Surety above named, on the 25TH day of FEBRUARY$.. s 1 Guild rnnc4nur *4nn Tnr /. " -_ 7?$i1A�1 :' �M :T , pal) Frank Dudley, PrWdent Authorized Signature and Title CBIC BONDING AND INSURANCE COMPANY (Seal) Name of Surety 23172 PLAZA POINTE DR., STE. 185 LAGUNA HILLS, CA 92653 ddress o Surety BY: gnature and Title of Authorized Agent ANN CROUL, ATTORNEY -IN -FACT Aiddress of gent (714) 770 -9733 Telephone No. of Agent __: _... �.. _ _,x_:� • ..t. � ' . ii ,�'q E r �i • � /� ". _ r _ r, c �. __ n �� � __: _... �.. _ _,x_:� rn 0 o lV O oo� tall let o�V .. y oV� Cq � V oV IA R Q M J lit Ila �s a \ N V u F f �. C$IC cNlc salNtNS AND INSNNANCE COMPANY f, J Limited Power of Attorney • Home Office: 1213 Valley Street P.O. Box 9271 Seattle, WA 98109-0271 (206) 622 -7053 KNOW ALL MEN BY THESE PRESENTS that CBIC BONDING AND INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State at Washington, and office in Seattle, King County, Washington, does by these presents make, constitute and appoint ANN CROUL, of Laguna Hills, California, its no and lawful attorney-in -fact, with full power a conferred in its name, place and stead, to execute, acknowledge and deliver: (1) SBA guaranteed performance and payment bonds not exceeding the penal sum of $1,250,000; (2) bid be of Fidelity, Forgery and Surety Bonds (including future amendments thereto) as Judicial, Contract (excluding bid bonds), Miscellaneous, License and Period, and Federal not exceeding the penal sum of $2,000,000; (4) bid bonds for jobs written pursuant to the authority in clause (3) above where, if the contract is awarded, the performance and/or payment bonds) will not exceed S2,D00,000; and (5) all other bonds not exceeding the penal sum of $500,000. Provided, however, that ANN CROUL is granted power and authority to exceed the applicable penal limit previously set forth for any bond in an amount equal to the amount of any letter of credit, or similar security, received as collateral security by the Company as an inducement to issue the bond; and to bind the Company thereby as fully and to the same extent as it such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary; hereby ratifying and confirming all that the said attomey -in -fact may do in the premises. Said appointment is made under and by authority of the following resolutions adopted by the Board of Directors of the CBIC BONDING AND INSURANCE COMPANY on January 15,1991: RESOLVED that the President is authorized to appoint as attorney-in -fact at the Company ANN CROUL with power and authority to sign on behalf of the Company: (1) SBA guaranteed perfomou ce andpayment bonds not exceeding the penal sum of $1,250,DDO; (2) bid bonds forjobs where, fft he contract is awarded, the SBA guaranteed performance androrpayment bond(s) will not exceed $1,250,000; (3) all other bonds coded and dassihedby the Surety Association of America in its Rate Manual of Fidelity, Forgery and Surety Bonds (including future amendments thereto) as Judicial, Contract (excluding bid bonds), Miscellaneous, License and Permit, and Federal not exceeding the penal sum of $2,000,000; (4) bid bonds for jobs written pursuant to the authority in cause (3) above where, if the contract is awarded, the performance and/or payment bonds) will not exceed $2,000,000; and (5) all other bonds not exceeding the penal sum of$5DD,D00. RESOLVED FURTHERMatANN CROUL isgramedpowerandauthodtytoexceed the applicable penal limtsatfonh mthe preceding maolutionforanrybondinan amount equal to the amount of any letter of credit, or similar security, received as collateral security by the Company as an inducement to issue the bond. RESOLVED FURTHER that the authority of the Secretary of the Company to cam y the authenticity and effectiveness of the foregoing two resolutions in any Umded Power of Atlomey is hereby delegated to the following persons, the signature of any of the following to bind the Company with respect to the authenticity and effectiveness of the foregoing resoktions as if signed by the Secretary of the Company: Charles J. Falskow, Gary Bailey, R. L. Thiel, Barbara Thiel, Janet K. Lorraine, Donald Sirkin and Steven A. Gaines. RESOLVED FURTHER that the signatures (including certification that the Power of Atfomay is shll in force and effed) of the President, Notary Public and person certifying authenticity and effectiveness, and the corporate and Notary seals appearing on any Limited Power of Attorney containing this and the foregoing resolutions may be by facsimile. RESOLVED FURTHER that all resolutions adopted prior to today appointing the above named as attorney- infadfor CBIC BONDING AND INSURANCE COMPANY we hereby superseded. IN WITNESS WHEREOF, CBIC BONDING AND INSURANCE COMPANY has caused these presents to be signed by its President and its corporate seal to be hereto affixed this ism day of January, 1991. CBIC BONDING AND INSURANCE COMPANY On this 15th day of January, 1991. personally appeared STEVEN A. GAINES, to me known to be the President of the corporation that executed the foregoing limited Power of Attorney and acknowledged said Umited Power of Attorney to be the tree and voluntary act and dead at said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said Limited Power of Attorney. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first The undersigned, soling un a Boar of DirecWs of CBIC BONDING AND INSURANCE COMM INSURANCE COMPANY, that the above and }g LSa Nll,trua and comoct copy of the Original Power of Acton is still in force and effect. GIVEN under my hand at C� H r this 25TH PMACO2.03CA011591 'btnaua cedffies, as or in lieu of Cerificete of the Secretary of CBIC BONDING AND said Company, and does hereby furhercertily thmthe said Powerof Attorney day of 19 91 1� CERT PROOUGCR Aylor Insurance Agency, 23688 E1 Toro Road, Suite 101, E1 Toro, CA 92630 INSURED Guild Construction, Inc. 5100 E. La Palms, Suite 113 LETTER Anaheim, CA 92807 U.S.F. & G. Insurance Comapny COVERAGES ,: a/ -T..; ti:+i::;. . THIS 19 TO CCNNFy THAT POUC.ES 6F'WSURANCE USS CD BF.L01"! PAVE BCCN L,SUED TO TI III INSURED NAMED`AIJOvF FOR TJII POLICY P6!66� WOICATLD. NOTWR'HSTANOWG ANY REOUIREMETT, TEAM OR CONDMON OF ANY CONTRACTOR OTHER DOCUMENT WITH RCSPI=CT 10 WHICH THIS CERTII rATE MAY BE GSUFD OR MAY PERTAIN, THE INSURANCE AFFORDED BY T1TC• POLICIES DESCRIDED HEREIN IS SUBJI ?CT TO ALL 11iF. TE:iMS. EXCLUSIONS, AND OONDmONS OF SUCH POLICIES AND IS NOT AMENDED. EXMNDED OR ALTERED BY THIS CE81WICATE. TL 1 TYPE OF INSURANCE POLICY NUMBER �r ny� E i,aATC1ON ALL LIMITS W THOUSANDS Panc 12 FtCATE OF. 1NSliRAN.G COMPANIES AFFORDING COVERAGE .: COMPANY ..A. LETTER U.S.F. & G. Insurance Carpan_ _ . COMPANY f3 LETTER U.S.F. & G._Insurance_Comaanv COMPANY C AUTOMOBILE UABJUTY CCMP<HFNSNE } H;RED EXCESS UABJUTY UMBRELLA FORM OTHER THAN UMBRELLA FORM 75843 I11-1 -90 UAB3001160800(11 -1 WORKERS' COMPENSATON C AND 400598390 -1 EMPLOYERS' LIABILITY ^ LCNGSHORCMEN'S AND HARBOR WORKER COMPENSATION GENERAL AGGREGATE PRCDUCTSICOMPLETED OPERATJONS AGGREGATE PERSONAL INJURY FACH OCCUR14XIF FIRE DAMAGE (ANY ONE FIRE) MEDICAL EXPENSES (AW ONE PERSON) COMBINED t S :NGLC LIMIT BODILY INJURY (PER PERSON s BOCILYINJURY 9 -- (PCR ACCIDENT) - PftOPERTY S S 1,000 S 1,000 S 1.000 S 1,000 s 50 S OCCURRENCE 5 AGGREGATE s IS STATUTORY % 500 EACH ACCIDENT•.:. 11 -1 -90 11-1-91 3 r)O DISWE- POLICY LIMIT %500 DISLASE -EACH EMPLOYEE STATUTORY UCSGHIPIION Or OP[ RATIONS, LOCJITIONSNhNIOLES(-"C+TRICTIONS /SPECIAL nCMS: ALL OPCw TIONS PLRFORMEO FOR THE CTY Of NEWPORT BEACH BY On ON BEPWAI OF THE NAMED INSURED iN CONNCCTRON WITH THE FOLLOWING CONT)LACT: Collins Avenue Storm Drain, Peninsula Point Storm Drains, 8nd 1°th_ _t ._Storm Drain an,d_ treet Rehabilitation PHCUFCT ARE AND CONRACT NUMBER CERTIFICATE 'HOLDER CI.NCELLAT{O67 SHOULD ANY Or IItE AC-:'.'E CC ^,CIIIBED POUCILS RR NON- RLNCWFD. CI7Y OF NEWPORT BEACH CANCFI LED OR OOVrJIACE REDUCF0 BEFORE ntL FxrII N unTE TnL P.O. COX 176$ COmm�NY nFr nD JG ca.cR HAu P ROm r a'J O- s :N. Ac11A : 800 NFWPORT BLVD. Non u5 c ' oI rr PonT D' n_ IsT H' MAIL In7_L^JPO,1T GEACH, CA. 92659 -1768 AJru, -- �q GENMAL LIABILITY (OCCUPANCF. BASIS ONL1) A COMMERCIAL COMPROICNSIVE r-� OWNERS k CONTRACTORS L PROI ECTNE 7I E CONTRACTUAL FOR SPF,CIFIC CONTRACT r--I I J PRODUCTSICOMPL OPCR U XCU I%ZAROS [-j BROAD FORM PROP, DAMAGE L SeVERABILRY OF INTEREST CLAUSE [ } PERSONAL INJURY WMI EMPLOYEL• EXCLUSION REMOVED AUTOMOBILE UABJUTY CCMP<HFNSNE } H;RED EXCESS UABJUTY UMBRELLA FORM OTHER THAN UMBRELLA FORM 75843 I11-1 -90 UAB3001160800(11 -1 WORKERS' COMPENSATON C AND 400598390 -1 EMPLOYERS' LIABILITY ^ LCNGSHORCMEN'S AND HARBOR WORKER COMPENSATION GENERAL AGGREGATE PRCDUCTSICOMPLETED OPERATJONS AGGREGATE PERSONAL INJURY FACH OCCUR14XIF FIRE DAMAGE (ANY ONE FIRE) MEDICAL EXPENSES (AW ONE PERSON) COMBINED t S :NGLC LIMIT BODILY INJURY (PER PERSON s BOCILYINJURY 9 -- (PCR ACCIDENT) - PftOPERTY S S 1,000 S 1,000 S 1.000 S 1,000 s 50 S OCCURRENCE 5 AGGREGATE s IS STATUTORY % 500 EACH ACCIDENT•.:. 11 -1 -90 11-1-91 3 r)O DISWE- POLICY LIMIT %500 DISLASE -EACH EMPLOYEE STATUTORY UCSGHIPIION Or OP[ RATIONS, LOCJITIONSNhNIOLES(-"C+TRICTIONS /SPECIAL nCMS: ALL OPCw TIONS PLRFORMEO FOR THE CTY Of NEWPORT BEACH BY On ON BEPWAI OF THE NAMED INSURED iN CONNCCTRON WITH THE FOLLOWING CONT)LACT: Collins Avenue Storm Drain, Peninsula Point Storm Drains, 8nd 1°th_ _t ._Storm Drain an,d_ treet Rehabilitation PHCUFCT ARE AND CONRACT NUMBER CERTIFICATE 'HOLDER CI.NCELLAT{O67 SHOULD ANY Or IItE AC-:'.'E CC ^,CIIIBED POUCILS RR NON- RLNCWFD. CI7Y OF NEWPORT BEACH CANCFI LED OR OOVrJIACE REDUCF0 BEFORE ntL FxrII N unTE TnL P.O. COX 176$ COmm�NY nFr nD JG ca.cR HAu P ROm r a'J O- s :N. Ac11A : 800 NFWPORT BLVD. Non u5 c ' oI rr PonT D' n_ IsT H' MAIL In7_L^JPO,1T GEACH, CA. 92659 -1768 AJru, -- �q u J i 1-',; 4 4 N Q. V S U COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: Guild Construction, Inc. Policy #: IAB3001160800 BUSINESS AUTO COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART. SCHEDULE Name of Person or Organization: With respect to such insurance as is afforded by the policy for Automobile Liability, the City of Newport Beach, its officers and employees are additional insureds but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with(see *) -- A. WHO I$ AN INSURED is changed to include as an "insured" the person or organization shown in the Schedule but only for liability arising out of your use of a covered "auto' for such person or organization. B. CANCELLATION 1. If we Cancel the policy, we will mail notice to such person or organization in accordance with the Common Policy Condition. 2. If you Cancel the policy, we will mail notice t: such person or organization. 3. Cancellation ends this agreement. As Respects To: Collins Avenue Storm Drain, Peninsula Point Storm Drains; and 19th Street Storm Drain and Street Rehabilitation - - ** insurance provided by this policy. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1985 COCA 99 09 03 88 PCLIC+ vu ; eER: •11•AE' CiAL GEVEPAL UAPILITV THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) Th:s endorsennert modifieS insurance provide;' under the following,: C10MN1EPC[AL GENE;;irL LlA61L1 -Y COVERAGE FART. SCHEDULE Name of Person or Organization: Guild Construction, Inc. Policy # DIP126375843 r;f ^,c e^ r 1.3 j;NC3r5 above. inforrralion required to - or —Picte this emir• 5g^;c ^.t Nip be si gown n 2h2 D�CIa•3tionS aS app:lcable to this endo,scrncr..) W"O I$ AN INSURED iSection 11) is ar- 7e^dOd to inc!urje aS an insured the pFrsor: . orG riz9tion Sh o`r•c in the Schedule, but onfy witu h respect to Iiaoility irisir,c put of "your work' for th,�( insure by or for you. With respect to such insurance as is afforded by the policy for General Liability, the City of Newport Beach, its officers and employees are additional insureds, but only with respect to liability arising out of operations performed by or on behalf of the named insureds in connection with the contract designated below or acts and omissions of the additional insureds in connection with its general supervision of such operations. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. CG 2C 10 11 85 Copyright. Insurorce Services Office. Inc., 1984 E 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, AMENDMENT OF CANCELLATION CONDITION This endorsement modifies insurance provided under the following: Guild Construction, Inc. Policy# IMP126375843 COMMERCIAL AUTO COVERAGE PART # IAB3001160800 COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL UMBRELLA LIABILITY COVERAGE PART - COVERAGE e FARM COVERAGE PART GARAGE COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART TRUCKERS COVERAGE PART. SCHEDULE Name of Person or Organization: With respect to the person or organization shown in the Schedule, paragraph 2. of the CANCELLATION Common Palley Condition is replaced by the following: 2. We may cancel this po%cy for nonpayment of premium by mailing or delivering to the first Named Insured and the person or organization shown in the Schedule written notice of cancellation at least io days before the effective date of cancellation. If we cancel or materially change this policy for any reason other than nonpayment of premium, we will mail or deliver a written notice of such action at least 30 days before the effective date of the cancellation or material change. With respect to such insurance as is afforded by the policy for Automobile Liability, the City of Newport Beach, its officers and employees are additional insureds but only with respect to liability for damages arising out of the ownership, maintenance or use of auto- mobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. Includes Copyrighted material of Insurance Services Office, Inc. with its permission. Copyright, Insurance Services Office, Inc., 1984 CLAR 187 09 88 TEL No Feb.15.i1 =r: .r' F.u:: ^ . • • CITY OF NEWPORT BEACH Page 14 GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for General Liability, the City of Newport Beach, its officers and employees are additional insureds, but only with respect to liability arising out of operations performed by or on behalf of the named insureds in connection with the contract designated below or acts and omissions of the additional insureds in connection with its general supervision of such operations. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage. 3. The insurance afforded by the policy for Contractual Liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision con- tained in the written contract designated below,.between the named insured and the City of Newport Beach. 4. With respect to such' insurance as is afforded by this policy, tine exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU" hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured(s) named in Paragraph 1. of this endorsement shall be the limits indicated below written on an "Occurrence" basis: (x) Commercial ( ) Comprehensive General Liability g 1,000,000 each occurrence 1,000,000 aggregate The applicable limit of Contractual Liability for the company affording coverage shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insured(s). The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to General Liability_Insurance. 6. Should the policy be non - renewed, cancelled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention; Public Works Department. Collins Avenue Storm Drain, Peninsula Point Storm Drains, 7. Designated Contract: and,lqth (zt ii�nn nd Street Rehabilitation C 2800 Pro ect'iit a an' Pact No.) This endorsement is effective 02 -25 -91 at 12 :01 A.M. and forms a part of Policy No. IMP126375843 of U.S.F. & G. Insurance Cony Company Affording Coverage Insured Guild Construction, Inc. Endors Producer Edward B. Aylor By TEL No Feb .2S %31 ..`J :`Db V.u2 Page 13 CITY OF NEWPORT BEACH AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for Automobile Liability, the City of Newport Beach, its officers and employees are additional insureds but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 2. The policy includes, the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage." 3. The limits of liability under this endorsement for the additional insureds named in Paragraph 1, of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit: ( ) Multiple limits Bodily Injury Liability Bodily Injury Liability Property Damage Liability ,. (x) Combined Single Limit Bodily Injury Liability and Property Damage Liability person $ per accident S 1,000,000 The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one accident or occurrence in excess of the limits of liability stated in the policy as applicable to Automobile Liability Insurance. 4. Should the policy be non - renewed, cancelled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. Collins Avenue Storm Drain, Peninsula Point Storm Drains, S. Designated Contract: and 19th Street Storm Drain and Street Rehabilitation C -2800 Pro ect litle an ontrac t No. This endorsement is effective 02 -25 -91 at 12:01 A.M. and forms a part of Policy No. IAB3001160800 Of U.S.F. & G. Insurance Company - Company Affording Coverage Insured Guild Construction, Inc. Endorse Producer Edward B• Aylor By Page 15 CONTRACT THIS AGREEMENT, entered into..W -i /42t day of elz . 19 91 by and between the CITY OF NEWPORT BE hereinafter "City, and Guild Constructi, Inc. — e ere in after "Contractor," is mad th reference to the fol owoning facts: (a) City has heretofore advertised for bids .for the following described public work: Collins Avenue Storm.Drain,.Peninsula Point Storm Drains, and 19th Street Storm Drain and Street Rehabilitation C -2800 Title of Project ontract No. (b) Contractor has been determined by City to be the lowest responsi- ble bidder on said public work; and Contractor's bid, and the compensation set. forth in.this contract, is based upon'a careful examination of all plans and specifications by Contractor, NOW, THEREFORE, the parties hereto agree as follows: 1. Contractor shall furnish all materials and perform all of the work for the construction of the following described public work: Collins Avenue Storm Drain, Peninsula Point Storm Drains, and 19th Street Storm Drain and Street Rehabilitation C -2800 Title of Project Contract o. which project is more fully described in the contract documents. Contractor shall perform and complete this work in a good and workmanlike manner, and in accordance with all of the contract documents. 2. As full compensation for the performance and completion of this work as prescribed above, City shall pay to Contractor the sum of Six hundred aiahty -six thousand six hundred ten and 06/100 ($686.610.06 ). This com nsation includes (T) any loss or damage arising from the nature of the work; (2 any loss or damage arising from any unforeseen difficulties or obstruc- tions in the performance of the work; (3) any expense incurred as a result of any suspension or discontinuance of the work; but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 3. All of.the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated herein by reference as though set out in full and include the following: (a) Notice Inviting Bids (b) Instruction to Bidders and-documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and endorsement(s) 0, • t Page 16 (f) Plans and Special Provisions for Collins Avenue Storm Drain, litre of Project Rehabilitation Project (g) This Contract. ontract No. C -2800 4. Contractor shall assume the defense of, and indemnify and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, except such loss or damage proximately caused by the sole negligence of City or its officers, employees and representatives. IN WITNESS.WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. CITY OF NEWPORT BEACH 0- FA� ATTEST: Guild Cc City Attorney Name f Authorized Sign Frank Dudley, ion, Inc. for rincipal) � e nd Title r ident Authorized Signature and Title CITY j i .... .. ..... %•�� ,,r .-o <u. pia- aYi::...�. -.r_..'.. .: ... CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS COLLINS AVENUE STORM DRAIN PENINSULA POINT STORM DRAIN 19TH STREET STORM DRAIN AND STREET REHABILITATION CONTRACT NO. 2800 I. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . 1 II. CONTRACTOR'S LICENSES . . . . . . . . . . . . . . . . 1 III. COMPLETION, SCHEDULE, AND PROSECUTION OF WORK. . . . .1 IV. PAYMENT . . . . . . . . . . . . . . . . . . . . . . . 5 V. LIQUIDATED DAMAGES . . . . . . . . . . . . . . . . . 5 VI. PUBLIC CONVENIENCE AND TRAFFIC CONTROL . . . . . . . 5 A. Traffic Control Plans . . . . . . . . . . . . . .5 VII. NOTICE TO RESIDENTS AND "NO PARKING" SIGNS . . . . . .7 A. Notice to Residents . . . . . . . . . . . . . . . .7 B. "NO PARKING -TOW AWAY" Signs . . . . . . . . . . .7 C. Street Sweeping Signs . . . . . . . . . . . . . . 7 VIII. CONSTRUCTION SURVEY STAKING . . . . . . . . . . . . . 8 IX. WATER . . . . . . . . . . . . . . . . . . . . . . . . 8 X. STEEL PLATES . . . . . . . . . . . . . . . . . . . . 8 XI. SURFACE AND GROUNDWATER CONTROL . . . . . . . . . . . 8 XII. WATER SERVICE . . . . . . . . . . . . . . . . . . . . 9 XIII. TEMPORARY BYPASS WATER SYSTEM . . . . . . . . . . . . 9 XIV. CONSTRUCTION DETAILS . . . . . . . . . . . . . . . . 9 A. General . . . . . . . . . . . . . . . . . . . . . 9 B. Portland Cement Concrete . . . . . . . . . . . . 9 C. Storm Drain . . . . . . . . . . . . . . . . . . 10 D. Sewer Cleanout Installation. . . . . . . . . . . 13 E. Street and Alley Construction. . . . . . . . . . 13 F. Water Main Replacement . . . . . . . . . . . . . 15 XV. TEMPORARY RESURFACING . . . . . . . . . . . . . . . 16 • • SP of 16 CITY OF NEWPORT BEACH PUBLIC.WORKS DEPARTMENT SPECIAL PROVISIONS C7 � 'W COLLINS AVENUE STORM DRAIN �= 0 19111 PENINSULA POINT STORM DRAIN 19TH STREET STORM DRAIN AND STREET REHABILITATION CONTRACT NO. 2800 SCOPE OF WORK The work to be done under this contract consists of 1) reconstructing P.C.C. curb and gutter, sidewalk, driveway approaches, street pavement, and alley approaches; 2) constructing P.C.C. sidewalk and curb access ramps 3) constructing storm drain pipelines, catch basins, area drains, manholes, and electrically - powered tide gate structures; 4) installing sewer clean outs; 5) relocating /replacing water mains and street light conduits; 6) adjusting existing City -owned utility frames and covers to finished grade; and 7) performing incidental items of work. All work necessary for the completion of this contract shall be done in accordance with (1) these Special Provisions, (2) the Plans (Drawing Nos. D- 5199 -S, D -5203- S and D- 5204 -S), (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1988 Edition); and (4) the Standard Specifications for Public Works Construction, (1988 Edition) , including Supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department for Five Dollars ($5.00). Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, telephone (213) 202 -7775. II. CONTRACTOR'S LICENSES At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License or a Pipeline Specialty Contractor C -34 License. At the start of work and until completion of work, the Contractor shall possess a Business License issued by the City of Newport Beach. III. COMPLETION, SCHEDULE AND PROSECUTION OF WORK A. The Contractor shall complete all work within one hundred twenty (120) consecutive calendar days, but no later than August 2, 1991. In addition, because of beach use, construction shall be completed at the 19th Street and the Collins Avenue sites as rapidly as practicable, but no later than June 14, 1991. • • SP 2 of 16 B. No work shall be permitted during Sundays, and Holidays without the Engineer's approval. "Holidays" shall be defined as Easter Vacation Week (March 22 to April 1), Memorial Day (May 27), and Independence Day (July 4). C. The Contractor shall complete all work on each site within forty eight (48) consecutive calendar days after beginning work on that site. The term "work" as used herein shall include all removals, adjustments, and replacements; construction of storm drain, water, sewer, and electrical improvements; construction of P.C.C. improvements: alley approaches, street pavement, curb and gutter, driveways, sidewalk, and access ramps. Also included within the specified period is curing time for new P.C.C. improvements. In summary, this means that each site and every garage approach with access within that site shall be returned to normal vehicular use within forty eight (48) consecutive calendar days from the day it is first closed to such use. The Contractor shall employ sufficient men and equipment to meet this schedule. If it becomes apparent during the course of the work that Contractor will not be able to meet this schedule, he shall be prohibited from starting additional work at an additional site until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional men and equipment were required on the job. The Contractor will be assessed $350.00 per day (including Saturdays, Sundays and holidays) liquidated damages for each day in excess of the forty eight (48) consecutive days allowed for 100% completion of the construction work at each site. Additional liquidated damages shall be assessed for failure to complete the project as specified under Section V, Liquidated Damages. The intent of this section of the Special Provisions is to emphasize to the Contractor the importance of prosecuting the work in an orderly, preplanned, continuous sequence so as to minimize the time an alley or street is closed to vehicular traffic. • • SP 3 of 16 C. The Contractor shall make every effort to provide access through the work area for emergency vehicles, street sweeping, mail deliveries, etc., and weekly trash collections. If the Contractor's work will interfere with normal trash collection procedures in any manner, the Contractor shall provide an alternative trash procedures to satisfy the City's Field Operations Superintendent, Mr. Leon Hart, who may require the Contractor's assistance during trash collection. In the same matter, if the Contractor's work will interfere with normal mail delivery, the Contractor shall notify and effect alternative mail delivery procedures with the post office at (714) 673 -5250. In addition, if the Contractor's work interferes with street sweeping, it shall be his responsibility to make arrangements by contacting the Field Operations Superintendent, Leon Hart, at (714) 644 -3060. During Contractor's non -work hours, the Contractor shall bridge trench excavations to maintain access through street and alley intersections. In addition, continuous pedestrian access to and from residences shall be maintained at all times. The Contractor shall provide and install devices to provide access to dwellings for residents (See Section X regarding steel plates available from the City). The Contractor Supervisor, FT. salvage City's construction. performed by Contractor. shall notify the Traffic Painter ed Martinez at (714) 644 -3067 to signs which must be removed during Sign reinstallation shall then be City forces at no cost to the The Contractor shall contact the Concrete /Storm Drain Supervisor, Larry Kolbo at (714) 644 -3060 to supervise and inspect the installation of slide gate assemblies. D. The Contractor's schedule shall consider the phasing of water main construction, testing, disinfection, and connection to the existing system. The Contractor shall use the following guidelines in establishing this schedule: 1. No connections to existing water mains will be permitted until the new main has passed the hydrostatic test, been disinfected, and passed bacteriological testing. • • SP 4 of 16 2. Hydrostatic pressure testing will be permitted against new valves. The test pressure shall be 225 PSI. Any temporary bulkheads for thrust resistance shall be the responsibility of the Contractor. 3. Cutting -in of new water mains shall be done at times resulting in the least disruption of water service. Shutdowns to residences of up to four hours during the day shall be permitted and will not require a temporary by- pass. Operations requiring a longer shutdown period will require a temporary by -pass. 4. Prior to construction at each respective work site, the Contractor shall notify the City's Utilities Superintendent, Mr. Peter Antista and Electrical Services Supervisor, Herb Wollerman two weeks in advance to allow the City forces to perform the following work: a. Relocation of existing 1011dia. water main and fire hydrant interfering with proposed storm drain construction at the intersection of Collins Avenue and Park Avenue. b. De- energize and inspect circuit prior to any circuit work at all sites. C. Installation of water valves on the existing water main system at Peninsula Point. The Contractor shall notify the City's Utilities Superintendent, Mr. Peter Antista, (714) 644 -3011, at least 48 hours in advance of the need to shut down or connect to any existing water mains. No shutdown will be allowed on Fridays, Saturdays, Sundays, holidays or after 12:00 noon. The Contractor shall not operate existing water valves except in cases of extreme emergency. E. The Contractor shall consider the phasing of the street light conduit construction and use the following guidelines in establishing his schedule: 1. Series circuit shall be maintained at all times. 2. Each stage and phase of construction proposed by the Contractor and the estimated length of outages. • • SP 5 of 16 3. Circuit shall be jointly inspected by City Electrician and Contractor prior to commencement of work. 4. Circuit shall return to service prior to dusk, and in no case later than 4:30 P.M. F. It will be the Contractor's responsibility to ensure the availability of all material prior to the start of work. Unavailability of materials will not be sufficient reason to grant the Contractor an extension of time for 100% completion of work at each street. G. No work shall begin until a schedule of work has been approved by the Engineer. IV. PAYMENT The unit or lump sum price bid for each item of work shown in the proposal shall be considered as full compensation for all labor, equipment, materials and all other things necessary to complete the work in place, and no additional allowance will be made therefor. Payment for incidental items of work not separately provided for in the proposal shall be included in the unit price bid for each item of work. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. V. LIQUIDATED DAMAGES Commencing on August 2, 1991, the Contractor shall pay to the City, or have withheld from monies due the Contractor, the daily sum of $350.00 in lieu of the daily sum of $100.00 specified in Section 6 -9 of the Standard Specifications. VI. PUBLIC CONVENIENCE AND TRAFFIC CONTROL The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH), published by Building News, Inc. A. Traffic Control Plans The Contractor shall submit written traffic control plans to the Engineer and obtain his approval a minimum of five (5) working days prior to commencing any work. • • SP 6 of 16 The plans shall incorporate the following requirements: 1. Traffic flow outside of a street closure area shall be maintained. 2. The location and wording of all signs, barricades, delineators, lights, warning devices, temporary parking restrictions, and any other details required to assure that pedestrian and vehicular traffic will be handled in a safe and efficient manner with a minimum of inconvenience. 3. A complete and separate plan for each phase of construction shown in the proposed construction schedule showing all items listed under 1. above. 4. Type III barricades shall be used across all street, alley, and South Bay Front closures. 5. South Bay Front shall not be closed to pedestrian traffic concurrent with a closure of the adjacent alley to pedestrian traffic. 6. Traffic on Park Avenue shall be maintained at all times. 7. Vehicles which are necessary in the construction of an item of work may be situated in the work site only during the construction of that item. All other vehicles associated with the Contractor's work shall be parked legally elsewhere. In addition, Contractor's equipment and vehicles shall not be left overnight on streets /alleys outside of a street closure area. 8. The Contractor shall provide, install, and remove, at the appropriate times, covers or bags over City parking meters, "No Parking" signs, and "One -Way" signs as directed by the Engineer to allow residential parking and access along streets adjacent to work site. Said covers shall be promptly removed upon completion of work or when traffic is restored. 9. Bay Avenue (between 18th Street and 19th Street) and 18th Street (between Bay Avenue and alley N/o Balboa Boulevard) are posted one -way (Bay Avenue: eastbound; 18th Street: northbound). During the construction on 19th Street, Bay Avenue and 18th Street shall be posted two -way temporarily to provide access. 1 • • SP 7 of 16 9. If it becomes necessary, the Contractor shall provide uniformed flagmen with radio control to slow -down, reroute, and direct traffic through the construction area. VII. NOTICE TO RESIDENTS AND "NO PARKING" SIGNS A. Notice to Residents Forty -eight (48) hours before restricting vehicular access to garages or parking spaces, the Contractor shall distribute to each affected address a written notice stating when construction operations will start and approximately when vehicular accessibility will be restored. Twenty -four (24) hours before shutting off water service, the Contractor shall distribute to each affected address, as determined by the Engineer, a separate written notice stating the date and time the water will be shut off and approximate time the water will be turned back on. The written notices will be prepared by the Engineer. The Contractor shall insert the applicable dates and times at the time he distributes the notices. Errors in distribution, false starts, acts of God, strikes or other alterations of the schedule will require Contractor renotification using an explanatory letter furnished by the Engineer. B. "NO PARKING -TOW AWAY" Signs The Contractor shall furnish, install, and maintain in place "NO PARKING -TOW AWAY" signs (even if streets have posted "NO PARKING" signs) which he shall post at least 40 hours in advance of the need for enforcement. In addition, it shall be the Contractor's responsibility to notify the City's Police Department, Traffic Division at (714) 644- 3740, for verification of posting at least 40 hours in advance of the need for enforcement. The signs shall (1) be made of white card stock; (2) have minimum dimension of 12 inches wide and 18 inches high; and (3) be similar in design and color to sign R -38 on the Caltrans Uniform Sign Chart. The Contractor shall print the hours and dates of parking restrictions on the "No Parking -Tow Away" signs in 2- inch -high letters and numbers. A sample of the completed sign shall be approved by the Engineer prior to posting. C. Street Sweeping Signs After posting "No Parking -Tow Away" signs, the Contractor shall bag or cover street sweeping signs on those streets adjacent to street construction in SP 8 of 16 a manner approved by the Engineer. Immediately after completion of alley work in a street and upon removal of the "NO PARKING -TOW AWAY" signs, the Contractor hall uncover street sweeping signs on those streets adjacent to the completed street. VIII. CONSTRUCTION SURVEY STAKING Field staking control of construction will be provided by the Engineer. If the Contractor finds a property corner /survey tie that may interfere with construction, it shall be his responsibility to notify the Engineer, prior to work. IX. WATER If the Contractor desires to use City's water, he shall arrange for a meter and tender a $500 meter deposit with the City. Upon return of the meter in good condition to City, the deposit will be returned to the Contractor, less a quantity charge for water usage. X. STEEL PLATES The City can provide, free of charge, a limited quantity of 1" thick, 5' x 10' steel plates. These plates may be obtained from and shall be returned to the City's Utilities Yard at 949 West 16th Street. To determine the number of plates available and to reserve the plates, the Contractor must call the City's Utilities Superintendent, Mr. Peter Antista, at (714) 644 -3011. XI. SURFACE AND GROUNDWATER CONTROL Groundwater may be encountered at certain sites in the project area. The_ Contractor will be responsible for providing, installing, maintaining and operating a dewatering system in the project area. Groundwater or surface runoff water containing mud, silt or other deleterious material due to the construction of this project shall be treated by filtration or retention in settling basin(s) sufficient to prevent such material from migrating into the bay. In addition, the Contractor shall provide for drainage of runoff into the bay and for control of high tide sea water encroachment onto streets during construction. The Contractor shall schedule work around tidal fluctuations as necessary. In order to keep streets from flooding, the tide gates are closed by City forces whenever tides reach elevation 2.7 feet above sea level, approximately (5.4 feet above mean lower low water). a' XII. XIII XIV • WATER SERVICE • Water service shall be maintained residences except as permitted in Contractor's methods of providing sucl shall be approved by the Engineer pri TEMPORARY BYPASS WATER SYSTEM SP 9 of 16 at all times to Section III. The continuous service Dr to construction. The Contractor may obtain, at no cost, a temporary bypass water system for use on this project. The Contractor shall make arrangements to obtain the bypass from Mr. Peter Antista, Utilities Superintendent, at (714) 644- 3011. The Contractor shall be responsible for transport to and from the jobsite and for application at the jobsite. The Contractor shall reimburse the City for all materials damaged or borrowed and not returned. CONSTRUCTION DETAILS A. General The prices bid for each item of work shall include, but not be limited to, sawcutting and removal of existing P.C.C. improvements; root pruning; removing interfering portions of the existing water system and electrical system; removing of excess pipe excavation material and other objects; and protecting all public improvements, utilities, encroachments, and private property improvements. Shutdown and reopening water mains shall be performed only by the Utilities Superintendent with advance notice at (714) 644 -3011. The Contractor shall be careful while excavating along the South Bay Front on Balboa Island to avoid damaging bulkhead tie back rods, existing street light conduit, and existing utilities servicing private piers. In addition, along the South Bay Front beaches the Contractor shall remove and dispose of all concrete and debris it has excavated at end of each work day. Payment for storm drain pipe, water main, and street light conduit shall be per the Unit Price Per Lineal foot bid, and shall include pipe, excavation, bedding, backfill (including slurry, where specified), temporary resurfacing, sawcutting, and densification of bedding and backfill to 100% minimum relative compaction. B. Portland Cement Concrete Concrete for replacing pavement shall be Class 520 -A -2500. Additional portland cement and/or calcium chloride may be added to concrete, 1 • • SP 10 of 16 subject to the Engineer's prior approval, in order to attain higher early strength concrete so that streets /alleys /driveways may be reopened sooner. Concrete for curb and gutter, driveways, and sidewalk shall be Class 520 -C -2500. The existing stamped concrete pavement at street end on South Bay Front shall be replaced with stamped concrete to match the existing embossing and color as closely as possible. Payment for pavement, curb and gutter, and sidewalk shall include removal of existing concrete, subgrade preparation, and added color, Portland cement and calcium chloride (if needed) to satisfy the requirements set forth herein. C. Storm Drain In order to avoid conflicts with the anchor piles for concrete bulkheads, the final locations of catch basins at the street ends shall be determined by the Engineer during construction. The 15" storm drain lateral along the South Bay Front and all catch basin connector pipes shall.be constructed prior to the construction of the junction structures and catch basins since grade adjustments may require a different floor elevation of the junction structure and catch basin. A hole of minimum diameter 1 inch greater than the outside diameter of the outfall pipe shall be made in bulkheads using a jackhammer or other suitable equipment approved by the Engineer. The 1 -inch void shall be backfilled with Class C cement mortar. Care shall be exercised in grouting the annular space to ensure a full wall thickness of mortar. 1. Pipe Alternatives The Contractor, at his option, may use the following alternative material for storm drain conduit: Polyvinyl chloride pipe- which meets or exceeds material and service test requirements of ASTM D -3034, such as A -2000, manufactured by Johns - Manville Company, or equal approved by the Engineer. b. Perma -Loc series 46 by Contech, Inc. 0 SP 11 of 16 C. Polyvinyl Chloride pipe- SDR 35 or thicker. d. Asbestos Cement Pipe- 2000 -D or stronger. 2. Storm Drain Removal and Abandonment Storm drain removal shall include the following: a. Along the South Bay Front beach the removal and disposal of existing storm drain systems shall including all pipes, manholes, catch basins; backfilling voids with sand; and plugging and sealing existing bulkhead with brick and mortar. b. At the SE corner of Collins Avenue and Park Avenue the existing catch basin and interfering portion of 4" dia. V.C.P. shall be removed and the 4" dia. pipe shall be plugged with a 4 inches minimum Class E mortar. The section of pipe that extends from the slide gate at Collins Avenue street end into the Bay shall be Asbestos Cement Pipe 3750 -D or stronger. The pipe shall be joined by rigid couplers located at concrete pipe anchors as detailed on the plans. Class 100 -E -100 slurry shall be placed as backfill between pipe spring line and bottom of pavement replacement at locations specified on the plans. A bond breaker, approved by the Engineer, shall be installed between the slurry and the pavement replacement. Traffic shall not be permitted upon the pavement replacement until the concrete has reached its design strength. D. Slide Gate and Automatic Actuator Slide gates shall be epoxy coated and have circular flat back mounting frame which bolt directly to the concrete vault structure, capable of withstanding a 60 -foot seating (front) pressure and a 10 -foot unseating (back) pressure. Slide gate shall have a non - rising stainless steel stem, stainless steel rails, bronze seat face and all stainless steel hardware, including anchor bolts. Slide gates shall be Waterman Industries Model P- 30f, Fresno Model W, or equal approved by the Engineer. SP 12 of 16 Automatic actuator shall be an electrically powered actuator capable of opening and closing the selected slide gate. The enclosure for the electric motor and control box shall be certified for use under salt water. A push button control station with a lockable cover shall also be included. The actuator shall include a handwheel for manual operation. Power for the Collins Avenue actuator will be 120/240 -volt single - phase, and will come from an existing pole located approximately 38' east of Collins Avenue adjacent to the northerly South Bay Front alley R/W which is also adjacent to 106 Collins Avenue. The Contractor shall furnish and install a 100 -amp electrical meter panel per Southern California Edison Company requirements on this pole. Power for the 19th Street actuator w i l l a l s o 120 /240 -volt single- phase, and will come from an existing pole (P.P. #468911) located on the east side of 19th Street, one -foot behind the curb and 144.8 feet north of the centerline of Bay Avenue. Contractor shall also supply all necessary labor and materials including cable, trenching or jacking conduit and resurfacing for the installation of power conduits. Meter panels and cabinets shall be fabricated entirely from stainless steel and shall be secured to poles and bases, respectively, with stainless steel hardware. Automatic actuators shall be manufactured by E.I.M. Controls, Rotork, or equal approved by the Engineer. In addition, the automatic actuators and controls shall have a one year warranty after installation and acceptance by the Engineer. Shop drawings and catalog cuts for slide gates, automatic actuators, control boxes, and meter panels or cabinets shall be submitted to the Engineer in accordance with Section 2 -5.3 of the Standard Specifications as soon as possible after the Contractor receives the Notice of Award. Four sets of maintenance manuals for slide gates, automatic actuators, remote control boxes, and meter panels shall be submitted to Engineer before the Contractor will receive payment for said items. Payment for the slide gates and actuators shall be at the Contract Unit Price and shall include the slide gate, actuator, conduit, push button control station, meter cabinet or panel, setting and testing the controls for the actuator maintenance manuals, warranties, etc. D. L • • SP 13 of 16 Sewer Cleanout Installation The Contractor shall be responsible for maintaining sewer service at all times during construction of this project. The Method of maintaining service shall be approved by the Engineer prior to the start of work. Sewer cleanouts and fittings shall be extra strength vitrified clay pipe (VCP). The Contractor shall use new riser, wye, and fitting to join existing house connection lateral. Sewer lateral connection Type A, CNB Std.- 405 -L, shall be used to install starter wyes. All existing HC laterals shown on the plan shall be verified and the exact locations of existing HC at property lines prior to installing any new cleanouts. The material and size of existing laterals at property lines may vary and shall be verified by the Contractor at his own expense. Street and Alley Construction Removals and Excavation The work shall be done in accordance with Section 300 - 1.3.2. of the Standard Specifications except as modified and supplemented herein. Final removal at the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. Final removal accomplished by other means must be approved by the Engineer. The item of work for construction and /or reconstruction of P.C.C. alley approaches and curb access ramps shall also include curb returns. Exposed concrete surface shall conform in grade, dimension, color, and finish to adjoining P.C.C. improvements. 2. Street Section P.C.C. pavement and trench resurfacing in P.C.C. shall be minimum 8" thick over compacted subgrade. b. A.C. pavement (19th Street) in asphalt concrete shall be 4" A.C. over 6" A.B.. • SP 14 of 16 1. The asphalt concrete shall be Type III -C3 -AR -4000. In lieu of 4" of Type III -C3 -AR -4000 Contractor may construct 1" Type III -D -AR -4000 finished course over 3" Type III - B -AR -4000 base course. 2. The aggregate base shall be in accordance with Section 400 -2 of the Standard Specifications. Prior to placing the A.C., a tack coat of Type SS-1h asphaltic emulsion at a rate not to exceed one -tenth (1 /10) of a gallon per square yard shall be uniformly applied to A.B., existing A.C., and to portland cement concrete edges against which asphalt concrete is to be placed. The surface shall be free of all dirt, debris, and water prior to overlay. 3. Existing Utilities The Contractor shall adjust to finish grade all sewer manholes, sewer cleanouts, water meter boxes, water valve covers, street light pull boxes, and monuments prior to the placement of P.C.C. pavement, alley approaches, sidewalk, and curb access ramps. On asphalt concrete street the Contractor shall make the adjustment after the construction of A.C. pavement. Utility adjustments shall conform to City of Newport Beach Standard Drawing No. Std. -111- L, Std.- 116-L, and Std.- 511 -L. All survey monuments and City -owned utilities damaged during construction or adjustment operations shall be replaced by the Contractor at his sole expense. The Contractor shall be responsible for any damages to existing utilities resulting from his operations. The Contractor shall protect existing street light conduit to remain in place. 3. Encroaching Improvements The Contractor shall salvage any brick encroaching within the right -of -way in conflict with the work, and stack it neatly on the property adjacent to the work. In addition, the Contractor shall be responsible for public and private improvements adjacent to the work. �, •1 • SP 15 of 16 4. Water Meter and Street Light Pull Boxes The Contractor shall salvage and reset existing concrete meter and pull boxes. The City shall furnish to the Contractor meter /pull boxes to replace those boxes which the Contractor and the Engineer determine to be substandard or broken prior to construction. Meter /pull boxes provided by the City shall be picked up by the Contractor at the City's Utilities Yard at 949 West 16th Street. Boxes broken during the course of construction shall be replaced by the Contractor at his sole expense. F. Water Main Replacement 1. Materials The Contractor shall provide and install pipe materials which conform to Section 207 -7 and 207 -9 of the Standard Specifications. 2. Installation a. A.C.P. laying shall be performed in accordance with the recommendations of the manufacturer as described in the most recent publications of "Installation Guide for Asbestos Cement Distribution and Transmission Pipe," published by CAPCO Pipe Company, Inc. Power driven saws with abrasive discs shall not be used for dry cutting or beveling asbestos cement pipe. Asbestos cement chips and cuttings from the field operations shall be disposed of in a manner that will nos contribute airborne asbestos dust to the atmosphere. Loose material shall never be dry swept. Water of other dust suppressants shall be applied in those circumstances where sweeping is unavoidable. b. D.I.P laying shall be performed in accordance with the recommendations of the manufacturer and as described in the most recent publication of AWWA C600 Installation Guide. Ductile iron pipe shall be encased in minimum 8 -mil. polyethylene. • • SP 16 of 16 Care shall be used to prevent damage in handling, moving, and placing the pipe. It shall not be dropped, dragged, nor handled in such a manner as to cause scratches, bruises, cracks, or chips. 3. Closures The Contractor shall use C -900 PVC pipe for all closures equal to or less than 3 feet 3 inches. 4. Water Meter Boxes See Section XIV.F.4 5. Water Main Removal and Abandonment Water main removal and abandonment shall include the following: a. Removal and disposal of existing water valve frames and covers, backfilling void with sand, and placing resurfacing over the removal area per Std. - 105 -L. b. Abandoned pipe openings shall be plugged with 4 inches minimum Class E mortar or sealed brick and mortar. In addition, existing pipe to be abandoned in place shall be backfilled with Class 100 -E -100 slurry. C. All water valves to be abandoned shall be left with the valve set in the open position, unless otherwise indicated. XV. TEMPORARY RESURFACING Paragraph 4, Section 306 - 1.5.1, "Temporary Resurfacing" of the Standard Specifications shall be deleted and the following added: The cost of furnishing, placing, maintaining, removing and disposing of temporary resurfacing shall be included in the unit costs to install water mains, electrical conduits, storm drains, and laterals with trench resurfacing. Temporary resurfacing shall be 2" in thickness, and is required over all excavated pavement areas except where an entire street pavement is being reconstructed. W February 25, 1991 CITY COUNCIL AGENDA BYTHECITYCDWENO. F -3(a) • CrTY OF NEWPORT BE TO: City Council FEB 2 51991 FROM: Public Works Department APPROVED SUBJECT: COLLINS AVENUE STORM DRAIN, PENINSULA POINT STORM DRAINS, AND 19TH STREET STORM DRAIN AND STREET REHABILITATION (C -2800) RECOMMENDATION: Award Contract No. 2800 to Guild Construction, Inc. for Total Bid Price of $686,610.06 and authorize the Mayor and the City Clerk to execute the contract. DISCUSSION: At 11:00 A.M. on February 13, 1991 the City Clerk opened and read the following bids for this project: BIDDER TOTAL BID PRICE Low Guild Construction, Inc. $686,610.06 2. Clayton Engineering, Inc. 836,640.00* 3. B & A Construction, Inc. 842,842.00 ** 4. Gillespie Construction, Inc. 866,866.58 * ** 5. Wakeham -Baker Inc. 912,219.00 * * ** 6. Sully- Miller Contracting Co. 942,193.50 7. John T. Malloy, Inc. 1,123,310.28 8. Cl * $838,740.00 ** $842,542.00 * ** $916,872.19 * * ** $914,749.00 arke Contr, corrected corrected corrected corrected acting Total " Total Total Corp. 1,239,809.50 Bid Price (Addendum not included in bid) Bid Price Bid Price The low total bid price is 1.9 % below the Engineer's Estimate of $ 700,000.00. The low bidder, Guild Construction, Inc. is a well - qualified general engineering contractor who is currently under City contract to construct "Back Bay Drive Drainage Containment Near Eastbluff Drive and Corona Del Mar Sidewalk Replacement," C -2779. • • Subject: Collins Avenue Storm Drain, peninsula Point Storm Drains, and 19th Street Storm Drain and Street Rehabilitation (C -2800) February 25, 1991 • Page 2 This project provides for the construction of three storm drain systems on Balboa Peninsula and Balboa Island as shown on the attached exhibit. The proposed Collins Avenue storm drain includes the construction of 1) an 18 -to -24 -inch diameter main pipe in Collins Avenue from Park Avenue to 65 feet into the South Bay Front beach; 2) an electrically- powered tide gate structure located at the South Bay Front /Collins Avenue street end; 3) a 15 -inch diameter lateral pipe under the South Bay Front sidewalk from the tide gate structure to the Ruby Avenue, Diamond Avenue, and Sapphire Avenue street ends; and 4) catch basins and area drains throughout the system. In addition, the contract includes reconstructing the South Bay Front walkway easterly of Collins Avenue above the storm drain construction. The proposed Peninsula Point storm drain includes the construction of 1) 18 -inch diameter main pipes in Ocean Boulevard between "I" Street and "L" Street, in "L" Street between Balboa Boulevard and Ocean Boulevard, and in Miramar Drive between "L" Street and "M" Street; and 2) 15 catch basins joining to the 18- • inch diameter main pipe at street intersections throughout. the system. In addition, curb access ramps will be installed at the intersections. The project also includes relocating water mains and street light conduits to make room for the proposed storm drains, and reconstructing roadway pavement above the proposed storm drains. The proposed 19th Street storm drain includes the construction of 1) an 24 -inch diameter main pipe in 19th Street from Balboa Boulevard to the Bay Front bulkhead; 2) an electrically - powered tide gate structure located at the Bay Front /19th Street street end; and 3) 4 catch basins joining to the 24 -inch diameter main pipe. The proposed 19th Street street rehabilitation includes the reconstruction /construction of sidewalk, curb and gutter, driveways, roadway pavement, alley approach, curb access ramp, and sewer cleanouts at property line. The storm drains are needed to relieve the flooding and standing water that occur in sump areas, to consolidate the amount • of employee time needed to close and open tide gates, and to upgrade the existing tidal gates at the Collins Avenue and at the 19th Street street ends. The work is to be performed by August 2, 1991. In addition, the work on each system shall take no longer than 48 consecutive calendar days. • Subject: Collins Avenue Storm Drain, peninsula Point Storm Drains, and 19th Street Storm Drain and Street Rehabilitation (C -2800) February 25, 1991 Page 2 Negative Declarations of Environmental Impact have been prepared by staff and approved by the Environmental Affairs Committee. Notices of Determination have been filed with the County Clerk and published in the local newspaper. The project is expected to be approved by the Coastal Commission prior to award. Plans and specifications for the work have been prepared by the Public works Department. Sufficient funds to award the project are provided in the following accounts: Account No. 02- 3489 -053 02- 3490 -053 02- 5589 -102 02- 3397 -459 02- 3497 -493 02- 3497 -526 02- 3397 -531 50- 9290 -001 Description Amount Storm Drain Improvement Program $ 20,260.00 Storm Drain Improvement Program $ 43,707.57 Sewer Main Replacement Program $ 17,707.20 Curb Access Ramp Construction Program $ 17,668.92 Peninsula Point Storm Drains $180,000.00 Collins Avenue Storm Drain $120,000.00 19th Street Storm Drain and St. Rehab.$200,000.00 Water Main Replacement Program $ 87,266.37 Benjamin B. Nolan Public Works Director GW:so Attachment Total $686,610.06 I I • • TO: FROM: 0 JAN 1 4 1991 City Council Public Works Department 0 January 14, 1991 CITY COUNCIL AGENDA ITEM NO. F -15 SUBJECT: COLLINS AVENUE STORM DRAIN, PENINSULA POINT STORM DRAINS, AND 19TH STREET STORM DRAIN AND STREET REHABILITATION (C -2800) RECOMMENDATIONS: 1. Affirm the Negative Declarations of Environmental Impact 2. Approve the plans and specifications. 3. Authorize the City Clerk to advertise for he =t 1 e nn n M DISCUSSION: This project provides for the construction of three storm drain systems on Balboa Peninsula and Balboa Island as shown on the attached exhibit. The proposed Collins Avenue storm drain includes the construction of 1) an 18 -to -24 -inch diameter main pipe in Collins Avenue from Park Avenue to 65 feet into the South Bay Front beach; 2) an electrically - powered tide gate structure located at the South Bay Front /Collins Avenue street end; 3) a 15 -inch diameter lateral pipe under the South Bay Front sidewalk from the tide gate structure to Ruby Avenue, Diamond Avenue, and Sapphire Avenue street ends; and 4) catch basins and area drains throughout the system. In addition, the contract includes reconstructing the South Bay Front walkway easterly of Collins Avenue above the storm drain construction. The proposed Peninsula Point storm drain includes the construction of 1) 18 -inch diameter main pipes in Ocean Boulevard between "I" Street and "L" Street, in "L" Street between Balboa Boulevard and Ocean Boulevard, and in Miramar Drive between "L" Street and "M" Street; and 2) 15 catch basins joining to the 18 -inch diameter main pipe at street intersections throughout the system. In addition, curb access ramps will be installed at the intersections. The project also includes relocating water mains and street light conduits to make room for the proposed storm drains and reconstructing roadway pavement above the proposed storm drains. • • Subject: Collins Avenue Storm Drain, Peninsula Point Storm Drains, and 19th Street Storm Drain and Street Rehabilitation (C -2800) • January 14, 1991 Page 2 The proposed 19th Street storm drain includes the construction of 1) an 18 -inch diameter main pipe in 19th Street from Balboa Boulevard to the Bay Front bulkhead; 2) an electrically - powered tide gate structure located at the Bay Front /19th Street street end; and 3) 4 catch basins joining to the 18 -inch diameter main pipe. The proposed 19th Street street rehabilitation includes the reconstruction /construction of sidewalk, curb and gutter, driveways, roadway pavement, alley approach, curb access ramp, and sewer cleanouts at property line. The storm drains are needed to relieve the flooding and standing water that occur in sump areas, to consolidate the amount of employee time needed to close and open tide gates, and to upgrade the existing tidal gates at the Collins Avenue and at the 19th Street street ends. The work is to be performed by July 12, 1991. In • addition, the work on each system shall take no longer than 40 consecutive calendar days. Negative Declarations of Environmental Impact have been prepared by staff and approved by the Environmental Affairs Committee. Notices of Determination have been filed with the County Clerk and published in the local newspaper. The project is expected to be approved by the Coastal Commission prior to award. Plans and specifications for the work have been prepared by the Public Works Department. The total estimated construction cost is $700,000. Sufficient funds to award this amount are provided in the current budget appropriations. Benjamin B. Nolan • Public Works Director GW:so Attachment �J Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California, Number A -6214, September 29, 1961, and A -24831 June 11, 1963 STATE OF CALIFORNIA County of Orange I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a parry to or interested in the below entitled matter. I am a principal clerk of the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said newspaper to wit the issue(s) of: January 22, 27, 1991 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on January 27, at Costa Mesa, California. 11 I '> I �l 016 Mill 1-� , 199 _ PROOF OF PUBLICATION v