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HomeMy WebLinkAboutC-2866 - Balboa Peninsula/Balboa Island Alley Reconstructionlid CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 December 22, 1992 (714) 6443005 Kennedy Pipeline Company 61 Argonaut Aliso Viejo, CA 92656 Subject: Surety: American Bonding Company Contract No.: C -2866 Project: Balboa Peninsula Alley Reconstruction, Balboa Island Alley Reconstruction Program, Collins Avenue Storm Drain, 33rd, 34th and 43rd Street Improvements The City Council of Newport Beach on November 23, 1992 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 November 30, 1992, Reference No. 92- 815532. Sincerely, Wanda E. Raggio��d -/ City Clerk WER:pm cc: Public Works Department 3300 Newport Boulevard, Newport Beach RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk ?. -/�V• Cityy of Ne rt Beach 330D Newpor Boulevard Newport Beach, CA 92663 92- 8155? -ice RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA 12:00 P.M. NOV 3 0 1992 ca a- viWoew Recorder c9 "Exempt from recording fees to Government Code Section 6i0� L1 rtCi rA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Kennedy Pipeline Company, 61 Argonaut, Aliso viejo, CA 92656 as Contractor, entered into a Contract on February 21, 1992 Said Contract set forth certain improvements, as follows: Balboa Peninsula Alley Reconstruction, Balboa Island Alley Reconstruction Program, Collins Avenue Storm Drain, 33rd -, 34th and 43rd Street Improvements (C -2866) - located in the City of Newport Beach, County of Orange Work on said Contract was completed on July 10, 1992 and was found to be acceptable on November 23, 1992 by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is American Bonding Company, 3387 Chicago Ave., Riverside, CA 92507 BY Tublic Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on at Newport Beach, California. BY City Clerk CQiiDf •� • U NOV 2 31992 0 November 23, 1992 CITY COUNCIL AGENDA ITEM NO. 16 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: ACCEPTANCE OF BALBOA PENINSULA AND BALBOA ISLAND ALLEY REPLACEMENT PROGRAMS, COLLINS AVENUB.STORM DRAIN, 33RD AND 34TH STREETS STORM DRAIN REPLACEMENT (C -2866) 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 projects has been completed to Works Department. The bid price was Amount of unit price Amount of change ord Total contract cost the satisfaction of the Public $508,655.20 items constructed 572,056.53 :rs 54,878.99 $626,935.52 The increase in the amount of the unit price items constructed was due to an error in the original estimate and additional street paving to correct drainage problems. Six Change Orders were issued. The first, in the amount of $7,479.88, provided for replacement of deteriorated sewer laterals. The second, in the amount of $4,976.22, provided for removal and disposal of extra thick existing pavement in the alleys. The third, in the amount of $2,551.10, provided for the replacement of the street lighting conduit in Collins Avenue. The fourth, in the amount of $5,068.00, provided for a change in the 43rd Street paving from asphalt to concrete. The fifth, in the amount of $6,200.00, provided for the installation of a new sewer manhole and the adjustment to grade of manholes and valve boxes. The sixth, in the amount of $28,603.79, provided for the removal and disposal of an abandoned sea wall encountered under the South Bayfront sidewalk. Subject: Acceptance of Balboa Peninsula and Balboa Island Alley Replacement Programs, Collins Avenue Storm Drain, 33rd and 34th Streets Storm Drain Replacement (C -2866) • November 23, 1992 Page 2 Funds for the project were budgeted in the General Fund, Account Nos. 7013 - 3130005, - 3130007, - 3130056, - 2800001, - 3130016, - 3130017, - 3210001, the Water Fund, Account No. 7503- 5000002 and the Sewer Fund, Account No. 7533- 5300002. The contractor is Kennedy Pipeline Company of Aliso Viejo. The contract date of completion was July 31, 1992. The work was substantially completed by July 10, 1992 with final cleanup completed on August 15, 1992. a Benjam n B. Nolan Public Works Director • PD: so 40 Release of Stop Notice TO: City of Newport Beach Construction Lender (or party with whom Stop Notice was filed) 3300 Newport RTvd., Newport. Reach, ra 92Ar;9 (Address) You are hereby notified that the undersigned claimant releases that certain Stop Notice dated July 22, 1992 ,in the amount of$ 25,619.25. City of Newport Beach Kennedy Pipeline Co. owner or public body and prime contractor in connection with the work of improvement known as 33rd, 3 4th & 43rd St., N e w p o r t Beach (Alley Reconstruction) in the City of Newport Reach I County of Or State of California. Date August 24, 1992 Name of Claimant American, Concrete Cutting, Inc. / (Firm Name) v _ � (Signature) ice President (Official Capacity) . VERIFICATION I, the undersigned, state: I am the Vice President ( "Agent of ", "President of ", "A Partner of ", "Owner of", etc.) the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on August 24, State of CA DateCOPIES MOW Z1801100 A amt RICA FORM 5 (REV. 2/87) 19 92 at Santa Ana " gnature of Claimant or Authorized Agent) Vol 1, y AMACAN BONDING CAPANY BOND NO.: 9232160 PREMIUM s, $218.00 BOND TO RELEASE MONEY WITHELD ON STOP NOTICE KNOW ALL MEN BY THESE PRESENTS, That we, KENNEDY PIPELINE COMPANY Of ALISO VTETO. CA California, herina£ ter call Principal, as Principal, and American Bonding Company a Corporation organized under the laws of the State of Arizona . and duly aouthorized to transact business in the State of California, herinafter called Surety, as Surety are held and firmly bound unto NEWPORT BEACH PUBLIC WORKS DEPARTMENT , and any authority, or authorities, board or boards, officer or officers having control or distribution of money due, or become due under the contract, hereinafter called obligee in the sum of TEN THOUSAND NINE HUNDRED SIX DOLLARS AND 47/100'S Dollars ($ 10,906.47 lawful money of the United States of America, for the payment of which sum, well and truly be made, the said Principal and Surety shall bind themselves, their heirs, executors, admnistrators, successors and esigns, jointly and severally firmly by these presents. . THE CONDITION OF TEE ABOVE OBLIGATION IS SUCH, that WHEREAS, the said Principal was awarded and entered into a written contract, dated on or about , with the obligee, for CITY OF NEWPORT BEACH PROJECT 02866 . and WHEREAS, a certain stop- notice has been filed against payments which are cue the said Principal in connection with said contract, in the amount of $7,270.98 SEVEN THOUSAND TWO HUNDRED SEVENTY DOLLARS AND 98 /LOO'S BY- - WALT PRIEBE AND WHEREAS, the said Principal disputes the correctness or validity or enforceability of the stop notice so filed, and desires that the funds now due 'him under the prqvisions of said contract shall be delivered to him notwithstanding said stop notice. NOW THEREFORE, if the above named Principal shall pay any sum which the -stop notice claimant may recover on the claim together with his costs of suit of actioin, if he recovers therein, not exceeding the penal sum of this bond, then this obligation shall be void, otherwise it shall remain in `force and effect. •THIS BOND IS GIVEN AND ACCEPTED under and in accordance with the provisions of Section 3196 of the Civil Code of the State of California. Signed, Sealed and Dated this 14TH day of AUGUST 19 92 f KENNEDY PIPELINE COMPANY State of CALIFORNIA county of RIVERSIDE fin 8/14/92 before me, THERESA I. BDK DATE NAME, TITLE OF OFFICER. EG..'JANE DOE NOTARY PUBLIC' personally appeared JCHN A. RUIZ NAMES) OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he /she/they executed the same in his /her /their authorized capacity(iss), and that by his /her /their signature(s) on the instrument the person(s), :.: THERESA I.BOK orthe entity upon behalf ofwhich the person (s) !' COMMJ959255 f1 NOTARY PUBLIC •CALIFORNIA p acted, executed the instrument. RIVERSIDE COUNTY Witness my hand and official seal. MYComm. Expires March 511996 SIGNATURE OF NOTARY CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL(S) ❑ CORPORATE OFFICER(S) TITLE(S) ❑ PARTNER(S) ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) 0 SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) ATTENTION NOTARY: Although the Information requested below is OPTIONAL. R could prevent fraudulent attachment of this oerfificate to unauthorized document. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Signer(s) Other Than Named Above Date of Document 4 N,,I DI 0%K1 9232160 GENERAL POWER OF ATTORNEY Know all men by these Presents, That AMERICAN BONDING COMPANY has made, constituted and appointed, and by these presents does make, constitute and appoint JOHN A. RUIZ of RIVERSIDE, CALIFORNIA its true and lawful attorney -in -fact, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts of suretyship to be given to ALL OBLIGEES provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of ONE MILLION ($1,000,000) DOLLARS This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 15th day of November, 1991. "RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President, an Executive Vice President or a Senior Vice President or a Vice President of the Company, be, and that each or any of them is, authorized to execute Powers of Attorney qualifying the attorney -in -fact named in the given Power of Attorney to execute In behalf of the Company, bonds, undertakings and all contracts of suretyship; and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of them hereby is, authorized to attest the exacullon of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when w affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached.' In witness Whereof, AMERICAN BONDING COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 16th Day of July, 1992. William Kenzie, Assistant Vice President� STATE OF ARIZONA COUNTY OF PIMA AMERICAN 0 a — "(i By II�SEA�� 11Y1)0 t J: COMPANY President On this 16th day of Jury , 1992 , before me personally came James M. Boylan, to me known, who being by me duly sworn, did depose and saythat he is a Vice President of AMERICAN BONDING COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. ISTI AL SEAL CHRIS CI TUR�fl NOTARY PUBLIC NOTARY 7U PUBLIC •q NOTARY PUBLIC . My Commission Explros Imy Commission Expires March 10, 1995 MercM1 30, 1995 CE I, the undersigned, an Assistant Secretary of AMERICAN BONDING COMPANY, an Arizona corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed at the City of Tucson, in the State of Arizona Dated the 14th day of August , 1992 . SEA Florence E. Robert, Assistant Secretary — +oss . It STOP NOTICE NOTICE TO WITHHOLD TO HOLDER OF FUNDS TO: City of Newport Beach (Name of owner, construction lender or public officer) Alley Reconstruction, Newport Beach (Address of owner or construction lender) YOU ARE HEREBY NOTIFIED THAT the undersigned claimant, American Concrete Cutting. Inc. af_1 t9 R RECEti��D JO em2 v tiEYf�t BFACM (Name and address) U has furnished or has agreed to furnish concrete cutting services (labor, services, equipment, materials) -a HOLDER OF FUNDS. ' 0 is of the following kind labor, Flatsaw, Handsaw, Bobcat /Ram /Hoe, 943 Ram /Loader , (general description of labor, services, equipment or materials) to or for Kennedy Pipeline Co. for the work improvement, located at, or known as: (name of person to or for whom furnished) 33rd, 34th A 43rd St , Newport Beach (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 $ 81 , 824 . 31 The amount in value of that already done or furnished by claimant is $ 81 , 824 . 31 Claimant has been paid the sum of $ 56, 205.06 , and there remains due and unpaid the sum of $ 25, 61 9.25 plus interest thereon at the rate of 7 per cent per annum from 5/30 T!P_2 . YOU ARE HEREBY NOTIFIED TO WITHHOLD SUFFICIENT FUNDS TO SATISFY THIS CLAIM WITH INTEREST. Dated: July 22, 1992 STATE OF CALIFORNIA e ss. Oran COUNTY OF g American Concrete Cutting, Inc. Name of Claimant 620 Poinsettia, Santa Ana 92701 Address of Claimant She 1 a n e W. Chow , being duly sworn, deposes and says: That _he is the persords) who signed the foregoing Step Notice; that —he has read the same and knows the contents thereof to be true of L-1-sown knowledge, except as to any matters or things that may therein be stated an h - information and belief and as to those matters and things _he believes them to be true. IL zap c� Subscribed and sworn t before me ^ _ 60WAI SEAL ' this �-2 n day of 191 �71 REBECC S. STRAR I j NOTARY GE COUNTRNI '<LI;t1YtL f• ORANGE COUNTY 1 f Notary Public and in and said S e 1 {'�..,.�►6D•SeD• 4[M ��R! •.•. III UL 2 T 1992 � Al�ap� atAm M& standard Form nova. ma.t awl " 1c PoeMma m salt Sold ver 0 you doubt 700 altprt 41� I� as DI STOP NOTICE and make ehaa{q tROCer b Tom t+�= ^'r^�•, Caosult •lawyer a yoo doubt We lormr Fm your TYOLCOTTa FORM 091 Ray. Y -TR (p .clousa) _ / Y } � � Y r PUBLIC WORKS STOP NOTICE TO: NEWPORT BEACH PUBLIC WORKS DEPARTMENT YOU ARE HEREBY NOTIFIED that the undersigned claimant, WALT PRIEBE, an individual, furnished labor, services, materials and equipment to KENNEDY PIPELINE COMPANY and CONCORP CONCRETE, pursuant to that certain contract made between NEWPORT BEACH PUBLIC WORKS DEPARTMENT and KENNEDY PIPELINE COMPANY for that certain public work of improvement consisting of the City of Newport Beach Project #2866 and which is and was the whole of said labor, materials, services and equipment agreed to be furnished by claimant; The contract price of said labor, materials, services and equipment was and is the sum of Thirty Dollars and Thirty -Six Cents ($30.36) per hour for regular time labor, Forty -Five Dollars and Fifty -Four Cents ($45.54) per hour for overtime labor, Thirty Dollars and Thirty -Six Cents ($30.36) for loading time, Twenty -Five Dollars ($25.00) per hour for tractor rental, and Six Hundred Dollars ($600.00) per month for stomper rental; said sums were and are the reasonable value thereof; there has been paid and credited thereon the sum of One Thousand Four Hundred and Seventy -Five Dollars ($1,475.00); and there is now due and owing to claimant, for and on account thereof, the sum of Seven Thousand Two Hundred Seventy Dollars and Ninety -Eight Cents ($7,270.98), in lawful money of the United States, after 's 4 deducting all just credits and offsets, and the same has not been paid. WHEREFORE, the undersigned claims the benefit of the law given to laborers, materialmen and others under and by virtue of the provisions of Division 3, Title 15, Section 3103 and Sections 3181 to 3214 of the Civil Code of the State of California, and prays that you withhold from said original contractor, KENNEDY PIPELINE COMPANY, sufficient money that may be due it or that may become due it for said work to answer and pay the amount of this claim, to -wit: Seven Thousand Two Hundred Seventy Dollars and Ninety -Eight Cents ($7,270.98). Dated this 26th day of June, 1992. WALT PRIEBE VERIFICATION I, WALT PRIEBE, declare that I am the claimant named in the foregoing claim. I have read said claim and know the contents thereof and the same is true and contains, among other things, a correct statement of claimant's demands after deducting all just credits and offsets. I declare under penalty of perjury that the foregoing is true. Executed on the 26th day of June, 1992, at San Diego, California. � �% x2 WALT PRIEBE At 8y THE CITY COUNCIL CIT Y OF NEWPORT BEACH APR 2 71992 ,,. .;/ TO: City Council FROM: Public Works Department 3 April 13, 1992 CITY COUNCIL AGENDA ITEM NO. -- Z -3 e - Zf66 SUBJECT: LETTER FROM MR. RALPH MILLER REGARDING ELECTRICAL SERVICE BOX AT COLLINS AVENUE AND SOUTH BAY FRONT, BALBOA ISLAND.:.. RECOMMENDATION: Uphold recommendation from Utilities Committee and staff to retain the electrical service box in its present location. DISCUSSION: In March 1992 a new pedestal mounted electrical service box which houses an Edison meter and disconnect service breakers for both a new electrically operated storm drain tide valve and a • street lighting circuit was installed in Collins Avenue at South Bay Front on Balboa Island. The location is adjacent to property at 600 South Bay Front. Mr. Ralph Miller of 600k South Bay Front has addressed a letter to the City Council objecting to the location of the electrical service box. Mr. Miller and his neighbors, Mr. and Mrs. Gene Baum, object to the location primarily because of esthetics reasons. Mr. Miller has also expressed concerns with the location related to safety. Mr. Miller and the Baums believe the electrical service box should be located on the telephone pole in the alley which crosses Collins Avenue parallel to South Bay Front, similar to other locations with electrical services mounted on telephone poles. A sketch is attached showing the area involved. Also attached are copies of photographs showing the installation in question. The Utilities Department, which is responsible for maintaining the City's electrical services, has found that electrical service boxes mounted on telephone poles in narrow alleys are quite susceptible to damage. On a number of occasions such installations have been struck and damaged by trucks or moving vans. Repairs have cost up to $1,000 for each incident, and the function being served (street light circuit, storm drain tide valve etc.) is sometimes interrupted. For this reason the City is attempting to phase out existing pole mounted electrical services, and designing new services to be pedestal mounted rather than pole mounted. • Y M 0 • Subject: Letter from Mr. Ralph Miller regarding Electrical Service Box at Collins Avenue and South Bay Front, Balboa Island April 13, 1992 Page 2 This matter was reviewed by the Utilities Committee at a meeting on March 25, 1992. The Committee concurred that the electrical service should remain at the present location. ajcu�' a, U Benjamin B. Nolan Public Works Director BBN:so Attachments: 1. Letter to Council from Mr. Miller dated March 21, 1992. 2. Letter from Utilities and Public Works Departments to Mr. Miller dated March 30, 1992. 3. Memo from Utilities Department to Public Works Department regarding experience with pole mounted electrical services. 4. Area sketch. 5. Photographs of installation. Ralph A. Miller Office 3,a 1j Residence 333 East 17th Street, Suite E` Costa Mesa, Calif. 92627 C� ..::1 � TO: 600112 South Bay Front Balboa Island, Calif. 92662 714 -645 -8819 714- 675 -5554 0 G ^{lme7 March 21, 1992 attY:ger Mr. Phil Sansone, Mayor of Newport Beach ❑ k.t�rl�6y 0 B: *.1. Dir. , RECOVER Members of the City Council of Newport Beach C! : -'�'rY fir• lgg2 0 Newport Beach Blvd. 33Q p ❑ Dh CITY CLERK Newport Beach, Calif. 92663 �68t1 tit Q ! CC Ciie� GTYOF NEWPORT eERCN ' Re: Storm Drain 2 -24 -92 r'�f Sir ❑ (fter Dear Mr. Mayor and Members of the City Council: We are Helen and Ralph A. Miller and reside at 600 South Bay Front, Balboa Island, Calif. 92662. My Mother-In-Law of aw first wife, who has passed away, and who liv® downstairs in our duplex is 91 years of age. We are holders of an undivided half - interest each. I manage everything concerned with the residence. It is my understanding that if and when she may pass away her half goes to my children. I understand a directive was distributed to all of the property owners concerned with the work to be done in the area. 111E never received any notification. We live in a duplex and it is possible some one may have left a notice downstairs but unfortunately there are two San Salvadorians who take care of Tny Mother -In -Law who do not speak English too well and if a notice had been left they may have thrown it away as "Junk Mail ". We did not receive any notice upstairs. We had been on a vacation from 2 -13 -92 to 2 -21 -92 visiting Wayshington, DC and Florida. On 2 -24 -92 I noticed the concrete being removed in the alley between Collins and Tgrquoise. I inquired of the workman and found out a new concrete alley was in the process of constrtiction. On 2 -28 -92 someone started to dig a trench between my propertyline and i�te sidewalk. I asked the man who was doing the work what was going on and he told me a conduit was going to be laved for a power line that would be used to control the proposed new flood control gate. I asked him who was in charge and he told me Jeff Staneart of the Utilities Department of Newport Beach. I called Jeff Staneart the same day . He said he would come out to the location and discuss the project with me. On March 2, 1992 Mr. Stansart came out and we discussed the project. I objected to the placement on the Electric Service Pedestal within 8" of my property line which places the Pedestal between my property line and the sidewalk. He told me the box would be 37" high and appraximately 14 "X 16" in diameter. I asked him why it could not be placed on the telegraph pole in the alley. He said it had been discussed but they thought it would be better to place it where they originally started to place it. In order to place it on the telegraph pole we would have to get permission from the Southern California Edis•ion Company. The box is actually 16X18W... Phyllis and Gene Baum, who live across the alley from my home had seed an interest in talking to Mr. Staneart because they did not like the location Orc service. Ralph A. Miller Office 333 East 17th Street Suite E Costa Mesa, Calif. 92627 714 -645 -8819 Page 2 Storm Drain 2 -24 -92 Residence 600'/2 South Bay Front Balboa Island, Calif. 92662 714 - 675-5554 On March 10, 1992 Mr. Staneart came out and talked to Gene Baum and me. The Baum's are very disturbed about the placement. The three of us discussed other locations especially placing it on the telegraph pole but Mr. Staneart still felt the current location was the best. I told him I would call the Edison Company and discuss the possibility of placing the Service on the telephone pole behind TV home. Intnidently the power comes from the pole anyway. On March 11, 1992 I called the Edisoh Company and talked to Mr. Chris Cartwright who is in charge of the area where the work is being done. He told no the EdislitnlCompany had allready given the City permission to piece the Service Box on the Telephone Pole. He even stated he had the plans and approval on his desk. I asked him who I should contact in the Newport Beach Public Works Department. He told me Mr. Lloyd Dalton who is the Design Engineer on the Administration staff of the Public Works Department. I talked to Mr. Dalton and he too was aware of the project and said it had been approved to be placed on the Telephone Pole. He said he would have Mr. Stewart call me. By March 13, 1992 I had not heard from Jeff Staneart so I called Mr. Dalton again and I was referred to Mr. Ben Nolan who is Director of Public Works. He was aware of the case and said he would come out to see the project either Friday afternoon of Monday morning. On Monday March 16, 1992 I had not heard from Mr. Nolan by 11:00 AMso I called his office and was told he would be out after 2:00 PM. Mr. Nolan came by and we discussed the project. He stated he was going to look at some other locations on the Island and I should call him Tuesday afternoon. I called him Tuesday and he remained firm on the present location. I told him I was going to take it up with the City Council. I am greatly concerned about the location oY the Electric Service Pedestal._. -Here are some of my concerns: 1. It is very dangerous -if a car should hit the service with the rear and of the vehicle and some of the gasoline should be discharged at the time as "ARC" wound occur there could be an explosion or fire and cause serious damage to the vehicle and my residence. 2. It is very dangerous to pedestrians, kids on skates, scooters, skate boards, bikes or kids just running right into the pedestal. I had some 3" galvanized pipes filled with concreteplaced near the rear corner of my garage for protection and they have been hit several times. 3. Vehicles are constantly coming down our strest(collins) looking for th^�' rry. When they find they are on the wrong street they turn around in the two -driveways or in the center of the street or in the alley to get back to Park Street. In the past I have washed my cars on Satanday mornings on the street next to nT residence and many motorists have asked me where the Ferry was located. 4 • . � \ � . ' I J ,� ' `i � I Office 333 East 17th Street, Suite E Costa Mesa, Calif. 92627 714 -645 -8819 Page 3 Ralph A. Miller Strom Drain 2 -24 -92 0 Residence 6W' /z South Bay Front Balboa Island, Calif. 92662 714- 675 -5554 4. Phyllis and Gene Baum are very unhappy with the placement of the Electric Service Panel. 5. It is an eyesore and affects the aesthetics value of my home. My home is valued over $1,000,000 and that Electric Service Pedestal placement does not enhance the value br is compatible with the area. Today 3 -21 -92 I walked around both Islands trying to locate other Service Panels. There are several on telegraph poles and I only found one similar to the one placed near my property and that one was right next to the telephone pole. My Attorney suggested I proceed through the City Council first before I consider any other action. I would greatly appreciate your consideration of placing the Electric Service Pedestal up on the telegraph pole which would be like most of the other placements on the Island, Yours truly, lrA�e? //WA9,1 Ralph A. Miller gOTICB TO' C t V,00 toy 4 feet J nidewalk*,.: -fide 23cM fill r also "d 'gutter;' I ut h Pam 41, work zik dr traiii' C yen ITY.OF NENV?CIRT BEACH :i PUBLIC WORK' DEPARTMENT BOX 1768, NEW POR T BEACH, CA 92659-1768 (714) &4-3311 992 ANSrAMME-STORM DRAIN AND BALBOA iN%ykJZY'RZCONSTRUCT13Nr C-2866 *arded a.' contract to Kennedy -Pipeline Company istruc-tiel(,storm, drain �Ln Collins Avenue from Par1K:'Aven1 �-ithe'j.Sollth .'Bay Front beach,, and -in the South,4Bay, I i$(Collini'Ayenue'to Sapphire Avenue as shown on-'fh's-rel 41 &044-4,-Ai*ng-.Co3.lins..Avenue and South Bay Front -thei Aude some reconstruction of the sidewalk, driveways... and roadway pavement. In addition, some alleys.,,nori rout' between Turquoise Avenue and Grand canal-1%,wil 9 "asjshown on the reverse side Zzhibit 21B'#. require temporary dr:t--eway access, alley access,:;� restrictions. estrictions. in add..*Lion, the South Bay Fro td topedestrian traffic between Collins Avenue an, IS ;t,th� construction of ,.-he storm drain and reconstructi, along.the South Bay front. . �v_vilk be resficting xacess to yo!r, residence .from 7- ­&41 to 3e rk im'" !%,-�, ,,g,,Jdgni will be posted two (2) days prior to the acce that vehicles parked on the streets or'.w6rk,,si 3 .*tQw6d,,,away,�io permit construction. We request that you obaer dk,ftif ",barricades, , and ar.1 other traffic controls,, �,aM�Aw hive arrangements , for parlIng vehicles that you wish to tSk4fiatiicted period. Em(rgency vehicles will, of COU] mccess if.they are needed. ing , thes,. street • „, and alley construction, you may park along nearby Crests posted with "No Parking” s.-" gns during street sweeping, days " only tf tae . ,Ax*re covered by the Contractor. :'The city's refusd',picktip �.ril? c6ntltue. on its normal sc.iedule. Please have * .-your;'.­,refuia !6r,.ainers-­ available or pickup the nearest street i-:*nd,'-`t0 vl YOIW .661dr.nce prior to 7:oo 4,me. Ak.in most construction projectsi'ilie work will create a certain amount of unavoidable public inconvenien,.,e. Your cooperation in making this ptoject successful will be greatly appreciated. If you.,',have:i�Caih# questions concerning this project, please call Kennedy Pipeline COMPIM at,(714) 380-8363, or us at (714) 614-3311. 04, Very truly, ours, Steve Lui ind,�:Gilj Tfong, -P j 0 M ers g168 Newport iarT,Tevirport Beach 41 1_1� C� 0 CITY OF NEWPORT BEACH ,1992 P.O. BOX 1768 :WEWPORT BEACH, CA 92659.1768 Mr. Ralph A. Miller 600'h South Bay Front Balboa Island, California 92662 Subject: City of Newport Beach Street Light Pedestal Collins Avenue Storm Drain & Alley Improvement Project Dear Mr. Miller: A copy of your letter of March 2151,1992, to Mayor Sansone and the City Council has been forwarded to our attention for a response. The electric service pedestal installed adjacent to 600 South Bay Front on Collins Avenue has been done in accord with City Standards for such facilities. This electric service pedestal will house an electric meter and disconnect circuit breakers ( "on" & "off" switches) for both the new storm drain tide valve at the street -end and the City's street lighting • system. It is an important improvement to the City's ability to manage flooding and fides. via the storm drain system. In response to your comments on notification, written notice of this project was first given July 1991, when the improvements were to be installed under a larger contract [C -2855] awarded to Guild Construction. The Collins Avenue work was deleted from that contract when the contractor had financial difficulties and defaulted. Notice of the work under the current contract was given in February 1992. One of the key concerns you raise about the current location of the pedestal is the potential for vehicle impact damage. The City concurs whole - heartedly with your concern. It is for exactly this reason, that the current location was selected as the optimum location. The City believes that the electric service would be much more susceptible to vehicular damage if it were to be mounted on the power pole in the narrow alley. The Utilities Department has prior experience which supports this opinion. In other instances where pole- mounted electric services have been permitted by Southern California Edison, they have a history of damage from vehicle impacts. The Design Section of the Public Works Department, after leaming of your concerns, contacted the Southern California Edison Company about the possibility of placing the • electric service meter on the power pole. Edison indicated that they typically do not allow pole- mounted installations, however, they permit such installations in special circumstances and upon special request from the local agency. The City does not believe a pole- mounted electric service is appropriate. With respect to your comment on the potential for danger from "explosion due to the rupture of a vehicle's gas tank ", the City believes that this is highly unlikely, inasmuch as vehicle gas tanks are designed to withstand all impacts less than 20 mph. Given the current location at the back of the sidewalk on the dead -end street, it is extremely unlikely that any vehicle impact would occur. It is even more unlikely that such an impact could conceivably result in a rupture of the gas tank of the vehicle. 3300 Newport Boulevard, Newport Beach 0 9 • • • 1er Street light Pedestal 6001A South Bay Front March 30th, 1992, page 2 Aesthetically, the City agrees that electric service pedestals are "not the prettiest things in the world ". However, as discussed with Mr. Staneart at your meeting on March 2nd, 1992, the pedestal finish has been made of stainless steel and the pedestal is not visible from • any door or window from your residence. Additionally, the pedestal does not block any portion of any view of the bay from your residence or any other building or residence. Every effort has been made to provide for the least objectionable installation while still meeting City Standards, and providing an installation that is safe and practical from a maintenance and repair standpoint. The City believes that the current location is appropriate and preferable to all other alternatives. The City understands your interest and concern. The matter has been reviewed by the Utilities Committee of the City Council at their meeting on March 25th, 1992. The Committee approved staffs recommendation to affirm the present pedestal location at that meeting. The City Council will review your letter and consider the matter at their meeting on, Monday, April 13th, 1992. In the interim, if you have any questions, please call me at 644 -3311 or Jeff Staneart at 644 -3011. Very truly yours, Benjamin B. Nolan, P.E. Public Works Director JS:sdi cc: Phil Sansone City Council Kevin Murphy • 11 J ff Staneart, P.E. ( cling) Utilities Director aw • f MEMOROMDUM DATE: March 18, 1992 • TO: Ben Nolan Public Works Department FROM: Jeff Staneart Utilities Department S(IB)ECT: Collins Avenue Storm Drain & Street Light Project: Balboa Island Electrical Meter Pedestals vs. Pole- mounted Meter Services In accord with your request, I have prepared this memo as a summary of the Utilities Department's experience with pole- mounted electric meters and disconnect panels and to offer an opinion regarding the new electric service pedestal adjacent to 600 South Bay Front on Balboa Island. The Southern California Edison Company has a policy of not allowing pole - mounted electric services. In the past, SCE has permitted pole- mounted services under extenuating circumstances. In general, if the local agency requests pole- mounted service and none of the four pole quadrants are committed on the pole in question, the request is granted. The City has several dozen pole - mounted services throughout the City. Pole - mounted services have been contrary to City standards for the last decade and are being phased out wherever possible. In the areas of the City where power poles are located in narrow streets and • alleys, the existing pole - mounted services have been a particular problem. In the last 8 years there have been at least 11 incidents of vehicle- caused damage to pole- mounted electric services. Documentation is sketchy for the older incidents. However, a summary of some of those incidents is as follows: • Pole- mounted electric service hit by moving van in alley behind North Bay Front & Collins Avenue on Balboa Island. $1,000 damage. Repairs by City forces. • Pole - mounted street light disconnect box at 32nd Street & Marcus Avenue damaged. Hit & run vehicle damage. $800 damage. Repairs by City forces. • Pole - mounted meter service disconnect for storm drain tide valve control in alley between Coral & Sapphire at Marine Avenue damaged. Hit & run vehicle damage. $550 damage. Repairs by SCE & City forces. • Tide valve control disconnect on pole in alley behind South Bay Front at Pearl Avenue loosened by vehicle impact. Minor mounting damage tripped breaker. Repairs by City forces. Pole - mounted traffic signal power meter and disconnect at 28th Street & Newport Boulevard struck by vehicle. $475 damages. Repairs by contractor and City forces. • • Sewer lift station electric meter and disconnect switch in alley between Diamond and Sapphire struck by vehicles so many times that City had it re- mounted high up on power pole. This service is slated for replacement by the City. Its location is a violation of the National Electric Code and OSHA standards for the proximity of electrical disconnects. Every time it is necessary to trip or reset the breaker a ladder is needed. The installation of the pad - mounted electric service pedestal on Collins Avenue at South Bay Front is a 200 -amp pedestal to perform a dual purpose. It is for control of the new electric storm drain tide valve and for control of the street lighting in the area. The pedestal has been installed in the public right-of-way in exact accord with the City's "Standards for Public Works Construction ". Refer to Standard Drawing STD - 202 -L. My of Newport Beach UltMes DepammeM WILL, 7 Nolan Electric Pedestal Memo March 18th, 1992 3 The pedestal has been placed in location where it is out of the normal turning • radius of any vehicle attempting to enter or leave the South Bay Front alley at Collins Avenue. The pedestal as installed, is not visible from any window or door from 600 South Bay Front. The pedestal does not block egress or ingress to any building, garage or entry. It does not block any view of the bay or waterway from any residence. The resident of 600 South Bay Front, Mr. Miller has complained about'the current location of the electric pedestal because of aesthetic reasons. His neighbor, Mr. Baughm at 106 Collins has also expressed a desire to relocate the electric service onto the power pole in the alley behind 600 South Bay Front. The Utilities Department does not support this request. The power pole in that location is in a narrow alley near the vehicle entrance. It is very probable that allowance of a non- standard electric service on the pole would be damaged by a passing vehicle. The present location is appropriate. If you have questions, please call me at extension # 3011. • JS: sdi cc Pete Antista Herb VVollerman Jim McAfee • JCFF 477 r KART Jeff Staneart, P.E. (Acting) Utilities Director ELECTRICAL SERI/ I SOX COLLINS AVENUE STOR�DRAIN l A SCALE 1" c 60' • 4?&. /�.f • 15' ALLEY 4� a \ •660• •610• I •610• •611• •610• I •a16• I •66o• I •m. SOUTH HAY Z 0) M a a� Ud g sl I a. NE1'1*P03RT BAY rr a �,vENVE -I 0 1 ., . MM M7 j w a w y a a -I 0 1 ., . MM M7 j w a 0 0 • • • 0, q it l PEDESTAL MOUNT - M/LLER HOUSE UdklMD sri,� • ALI--.�51 Olo SOt BAYP'rowZ r10 Co wig 4S Prvg C 0 L '. 0J•1': ! V F, — iT 5 i- PEDESTAL /P76011T - =AC/NG SO. 13 AY FAO)uT n 0 troli�ovm�r Lvi \y l9i E LEPNONc POC.E LOGAT /o N T'YPIGAL C5MA4-1,Ek) POLE REQVES D� 6Ay/tii N005E 0;&. (WP MOUNTED S�2ylC.F- I� I i 0 • C CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 TO: FINANCE DIRECTOR FROM: CITY CLERK DATE: February 24, 1992 (714) 644 -3005 SUBJECT: Contract No. C-2866 7, - 2_l - f 2- Description of Contract Balboa Peninsula Alley Reconstruction, Balboa island Alley Reconstruction Program, Collins Avenue Storm Drain, 33rd, 34th and 43rd Street Improvements Effective date of Contract —February 21, 1992 Authorized by Minute Action, approved on February 10, 1992 Contract with Kennedy Pipeline Company Address 61 Argonaut Aliso Vieio, CA 92656 Amount of Contract 508,665.20 e 4e Wanda E. Raggio City Clerk WER: pm Attachment 3300 Newport Boulevard, Newport Beac4 City Clerk F NOTICE INVIU Foaled bids way be received at the Of We of the CityY Clerk. 4.Neccport Boulevard, P, 0. Box 1768, Nalpoot Beaoh EA -1768 until 11.00 a.m. on the 30th day of )aiivar 1992, at cch� bids �iaTibe openedl and for Balboa Peninsula Alley Reconstruction Balboa Island Alley Reconstruction Program Collins Avenue Storm Drain, 33rd, 34th, and Ord Street Improvements Title of Project E� C -2866 Contact PTo. $577,000.00 grcr�TS Estimate Reproved by the City Council thisy1tlyday of .lanuary 1992. /Z" lo4� 40Oz-1t2 Wanda E. Raggi City Clerk Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3388 Newport Boulevard, P. 0. Box 1768, Newport Beach, CH 92659 -1768. Gilbert Wong For further information, call i n Lu at 644 -3311. roject anager 0 0 -.AMA iPR 1.2 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 3,760 Remove existing alley approach Square Feet and construct P.C.C. alley approach @ Five Dollars and 00 /100 Cents $ 5.00 $ 18,800.00 Per Square Foot 5. 12 Remove existing pavement and Tons construct A.C. patch back @ Three Hundred Fifty Dollars Four and on /inn Cents $ 354.00 $ 4,248.00 Per Ton 6. 4,350 Remove existing pavement and Square Feet construct P.C.C. patch back @ Four Dollars and Fifty -Seven Cents $ 4.57 $ 19,879.50 Per Square Foot 7. 180 Remove existing 8 -inch sanitary Linear Feet sewer and construct new 8 -inch sewer main @ Eighty -Five Dollars and 00 /100 Cents $ 85.00 $ 15,300.00 Per Linear Foot s. s0 Remove existing and construct Linear Feet sewer lateral @ Seventy -Five Dollars and 00/100 Cents $ 75.00 $ 6,000.00 Per Linear Foot 9. 54 Construct sewer lateral Each cleanout @ Four Hundred Dollars and 00 /100 Cents $400.00 $ 21,600.00 Per Each y , PR 1.3 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10 1 Construct sewer main terminal Each cleanout @ Three Hundred Seventy Dollars and 00 /100 Cents $ 375.00 $ 375.00 Per Each 11. 30 Remove exist. and Construct Linear Feet P.C.C. retaining wall @ Seventy -Six Dollars and Seventy Cents $ 76.70 $,2,301.00 Per Linear Foot 12. 950 Remove Exist. and Construct Linear Feet Type "A" P.C.C. curb and gutter @ Twenty -One Dollars and Sixty Cents $ 21.60 $20,520.00 Per Linear Foot 13. 38 Remove exist. subgrade and Tons construct aggregate base @ Fifty Dollars and 00 /100 Cents $ 50.00 $ 1,900.00 Per Ton 14. 29 Construct asphalt pavement Tons @ Seventy -One Dollars and 00 /100 Cents $ 71.00 $ 2,059.00 Per Ton 15. 160 Remove existing pavement and Square Feet construct P.C.C. cross gutter @ Six Dollars and Twenty Cents $ 6.20 $ 992.00 Per Square Foot • i PR 1.4 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 360 Remove existing and construct Square Feet P.C.C. curb access ramp @ Four Dollars and Sixty -Six Cents $ 4.66 $ 1,677.60 Per Square Foot 17. 16 Provide and install geotextile Square fabric Yard @ Fifty Dollars and 00 /100 Cents $ 50.00 $ 800.00 Per Square Yard 18. 7,500 Remove exist. and construct Square Feet P.C.C. sidewalk @ Two Dollars and Ninety -Five Cents $-2.95 5'_2.125.00 Per Square Foot 19. 325 Remove exist. pavement and Square Feet construct P.C.C. driveway @ Five Dollars and Forty -Five Cents $ 5.45 $ 1,771.25 Per Square Foot 20. 4 Remove existing and construct Each curb inlet type OL -A per CNB Std.- 305 -L, L=5' @ Thirty Two Hundred Dollars and 00 /100 Cents $3,200.00 $12,800.00 Per Each 21. 200 Construct 15" storm drain Linear Feet with trench resurfacing @ Forty -Five Dollars and 00 /100 Cents $ 45.00 $ 9,000.00 Per Linear Foot Y f CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMEN PROPOSAL • BALBOA PENINSULA ALLEY RECONSTRUCTION BALBOA ISLAND ALLEY RECONSTRUCTION PROGRAM COLLINS AVENUE STORK DRAIN 33rd, 34th, AND 43rd STREET IMPROVEMENTS CONTRACT NO. 2866 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659 -1768 Gentlemen: PR 1.1 The undersigned declares that he has carefully examined the location of the work, 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. 2866 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 TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization and traffic control @ Forty Thousand Dollars and 00/100 Cents $40,000.00 Per Lump Sum 2. 30,050 Remove existing alley pavement Square Feet and const. 6" thick P.C.C. pavement @ Three Dollars and Sixty -Two Cents $ 3.62 $ 108,781.00 Per Square Foot 3. 4,310 Remove existing alley pavement Square Feet and construct 6" thick P.C.C. strip gutter @ Four Dollars Seventy -Six and 4.76 20 515.60 Cents $ $ ". Per Square Foot i • ` PR 1.5 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. 8,175 Remove existing pavement Square Feet and construct new 8" thick P.C.C. pavement @ Four Dollars and Eighty -Mee. Cents $ 4.03 $ 39,4$5.25 Per Square Foot 23. 700 Construct 15" storm drain Linear Feet @ Forty Dollars Dollars and 00 /100 Cents $ an_nn $ �R nno.nn Per Linear Foot 24. 100 Construct 18" storm drain Linear Feet @ Forty -Seven Dollars and 00/100 Cents $ 47-nn $ 4 7nn.nn Per Linear Foot 25. 410 Construct 24" storm drain Linear Feet @ Fi fty-Fi aht Dollars and nn /in Cents $ 58.00 $ 23,780.00 Per Linear Foot 26. 60 Construct 24" A.C.P. storm Linear Feet drain (3750 -D) @Sixty -Five Dollars and 00 /100 Cents $ 65.00 $ 3,900.00 Per Linear Foot 27. 1 Remove existing and construct Each catch basin and slide gate vault L=4' @ Sixty -Five Hundred Dollars and 00 /100 Cents $6,500.00 $ 600.00 Per Each • • PR 1.6 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 28. 4 Construct reinforced concrete Each pipe anchor @ Five Hundred Dollars and 00 /100 Cents $ 500.00 $ 2,000.00 Per Each 29. Lump Provide and install slide gate, Sum actuator, control station, etc. @Fifteen Thousand Five Dollars Hundred and faa Cents Per Lump Sum 30. 5 Provide and install street Each light pull box @0ne Hundred Six Dollars and 00 /100 Cents Per Each 31. 250 Provide and install street Linear Feet light conduit with (2) #8 conductors and (1) bare copper ground wire $ 15,500.00 $ 106.00 $ 530.00 @Ten Dollars and 00 /100 Cents $ 10.00 $ 2,500.00 Per Linear Foot 32. 6 Remove existing and construct Each curb inlet type OL -A per CNB Std.- 305 -L, L=7' @ Thirty Six Hundred Dollars and 00 /100 Cents $ 3,600.00 $ 21,600.00 Pe Each 33. 4 Construct modified storm drain Each junct. struct. No. 1 with manhole @Three Thousand Dollars and 00 /100 Cents $3,000.00 $ 1,200.00 Per Each t • PR 1.7 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 34. 3 Construct grate inlet Each @ One Thousand Dollars and 00/100 Cents $ 1,000.00 $ 3,000.00 Per Each 35. 2 Remove and reinstall existing Each street light standard, drill through bulkhead coping and install new conduit with conductors between fixture and pull box @ Fifteen Hundred Dollars and 00 /100 Cents $ 1,500.00 $ 3,000.00 Per Each 36. 139 Remove and replace water meter Each box @ Seventy -Five Dollars and 00 /100 Cents Per Each 37. 30 Remove and reinstall brick and Square Feet paving @ Ten Dollars and 00 /100 Cents Per Square Foot $ 75.00 $ 10,425.00 $ 10.00 $ 300.00 Five Hundred Eight Thousand Six Hundred Sixty Five Dollars and 201100 Cents TOTAL BID PRICE (WORDS) VKennedy Pipeline Company S /Ronald I. Dumas, Jr., Estimator 1/30/92 Authorized Signature /Title Date $508,665.20 TOTAL BID PRICE (FIGURES) /61 Argonaut, Aliso Viejo, CA 92656 (714) 380 -8363 Bidder's Address Bidder's Telephone 0 0 Page 2 The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: PROPOSAL (Page 1) INSTRUCTIONS TO BIDDERS (Page 2) DESIGNATION OF SUBCONTRACTORS (Page 3) BIDDER'S BOND (Page 4) NON - COLLUSION AFFIDAVIT (Page 5) TECHNICAL ABILITY AND EXPERIENCE REFERENCES (Page 6) except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. The City of Newport Beach will not permit a substitute format for the documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. 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. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. 5/91 • • Page 2A In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." All documents shall bear authorized to sign on behalf of signatures shall be of a c03 authorized by the corporation. shall be of a general partner. shall be of the owner. signatures and titles of persons the bidder. For corporations, the -porate officer or an individual For partnerships, the signatures For sole ownership, the signature 259575- Class A Contractor's License No. & Classification a -d1-� .- M- .18.E January 30, 1992Rnnald T_ pumas lr_ Estimator Date Authorized Signature /Title 5/91 I r MM r � 4 • XNOW ALL WIN BY TSESE P'RESEM, ..That we, KENNEDY PIPELINE CCMPAN Erma, ornia, in the s�1 alslltTYltT_ Y Two�TH„ntiGA BID BOND 04937 page 4 as Dolla.rs t vc. r-wv. vv /,aw w —W +- w yyAAee+ +�' o! & we 1 and truly to be.made, ve bind ourselves, jointly . and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCK, That if the proposal of the above bounden bidder for the construction of BALBOA PENINSULA ALLEY RECCNST (Title of Project and Contract No. ) In-tha City of Newport Bea�ch, is aooepted by the City Council of said City, slid if the above bounden bidder shall duly enter into and execute a contract for such construction and small execute and deliver to said City the syaymgnto and "Faithful performance* contract hands described in the Specifications within ten (1D) days (nat includfng Saturday. Sunday, and Federal holidays) alter the date of the mailing Notice of Award to the above bounden bidder by and from said City, than this obligation shall become null and void, otherwise it shall be forfeited to the said city. In the event that any bidder above named executed this bond as an individual, it io agreed that the death of any such bidder shall not exonerate the surety from its obligation under this bond. IN WITNESS WRERBOH, we hereunto set our hands and scale this 27t y pt JANC�I /A7RY�� , 19 93 KE NEDY P PEI.INE COMPANY FACT 8 er (Alta Ac ow edgment Au�oru�d a gnatuu�' e Of Attorney -In -Fact) 8. Expires: *STORM DRAIN 33RD, 34TH AND 43RD STRFFT TMPROVE:MENTS. CONTRACT 2866 5/" 2c8 92 tl__ STATE OF CALIFORWA, 1 SS. COUNTY OF. / ON / , 19-2 be V. a uDdersi d, ary PypJr in an f the said State. personally appeared known to me to be the ^ President, and __ known to me ",,..,,, OFFICIAL SEAL to be the Sore ry of -� A4ARY TRUMBLE a " � }'� NOTAnv PUGUC - CALIFORNIA OR,4NGE COUNTY the Corporation that executed the wdhm I trument, known to m�the Oersons who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged �.�,� • 1.1y Comm Exp¢es Npv.29. 1994 to me that such Corporation executed the within Instrument pursuant to its by -laws or a resolution of its board of directors. WITNESS my hand and official seal. ACKNOWLEDGMENT— Cvv.---Rres. 6 Sec.— wokutd roan 226-Rev- 3-64 N ry Public in and for said State. State of CAT TFORNTA County of SAU nTFPO On 1/27/92 before me, N. G ROLE VF.RT NOTARY PITRT.TC DATE NAME ME OF OFFICER. EG-'AlE WE NOTARY PUBUCO personally appeared NANE(SI OF SIGNEAIS) $ personally known to me - OR - ❑ proved to on the basis of satisfactory evidence to be the person *; whose name(V is/a= subscribed to the within instrument and ac- knowledged to me that he/stsenbiqr executed =%N,SEAL the same in his /kOuRksk authorized E WEST capacity(t2a), and that by his /kad m k - Colforric si nature on the instrument the (s), COUNfY 9 4� person n Expkea ortheentityuponbef lalfofwhichiheperson(gj 1993 acted, executed the instrument. Witness my hand and official seal. 1 CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL(S) ❑ CORPORATE OFFICER(S) Tm pT ❑ PARTNER(S) MI ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ SUBSCRIBING WITNESS ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONIS) OR ENTPY(tES) ATTENTION NOTARY: Aahough the information requested below is OPTIONAL, A could prevent fraudulent attachment of tNs oertifioate to unauftmed doc mem THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Number of Pages Date of Document Signer(s) Other Than Named Above AM ICAN BONDING COMPANY N2134937 TUCSON, ARIZONA A STOCK COMPANY POWER OF ATTORNEY AMERICAN BONDING COMPANY, a Nebraska Corporation, having its administration office in the city of Tucson, State of Arizona, does hereby make, constitute and appoint as Attorney (s)-in-fact, with full power and authority hereby conferred to execute JOHN A. RUIZ or CARLA D. RUIZ of RIVERSIDE, CALIFORNIA. and deiiver:and.afftx the seal of the corporafion thereto; if a seafis required, for and on its- belialfas Suretyand as ttsact and the following deed, all of classes of documents, to wit: any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law; statute, rule, regulation, contract or otherwise, for any single obligation, regardless of the number of instruments issued for the c obligation. m M A z �c r NOT TO EXCEED FIVE HUNDRED THOUSAND ($500,000.00) DOLLARS. o .v AMERICAN BONDING COMPANY further certifies that the following is a true and exact copy of Article VII Section z� z g 3. of the By -Laws of AMERICAN BONDING COMPANY duly adopted and now in force, to wit: G O SECTION 3. All bonds, undertakings, recognizances or other written obligations of the corporation shall be I" > executed in the name of the corporation by the president, any vice - president, secretary, any assistant- secretary or I the treasurer, or by such other persons as may from time to time be properly authorized. The president, any vice- president, the secretary, any assistant - secretary or the treasurer may appoint or remove resident vice - presidents, resident assistant- secretaries, attorneys in fact, agents or other persons who shall have authority to issue and deliver bonds, undertakings, recognizances or other written obligations in the name of the corporation. The corporate seal is not necessary for the validity of any bonds, undertakings, or other obligations of the corporation. The signature of any authorized officer and the seal of the corporation may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, or undertaking of the corporation; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, AMERICAN BONDING COMPANY has caused these presents to be executed by its duly authorized officer and its corporate seal affixed, this 1st day of April 1991 1-0. a A". J2 M f�c President sSEAL STATE OF ARIZONA ffllt'/ COUNTY OF PIMA On this 1st day of April 1991 before me a Notary Public, personally appeared the above -named officer of AMERICAN BONDING COMPANY, a corporation, known to me to be the person and officer who executed the above Power of Attorney on behalf of the corporation and acknowledges the corporation and acknowledges the corporation voluntarily executed the same. OFFICIAL SEAL Notary Public DANIEL B. VAN KIRK NOTARI PURLIC - ARIZONA E0 ' 9M CERTIFICATION 1, the undersigned, certifv that I am the Secretary of AMERICAN BONDING COMPANY, a Nebraska Corporation, and that the attached Power of Attorney remains in full force and effect and has not been revoked; and furthermore that Article VII Section 3. of the By -Laws of said company as set forth in said Power of Attorney, are now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company this 27th dap of January 1992 :,.SEALI. � O �i''�!930�� $eCre[3rV 1 State of California ) ss. County of Orange 11 ,, u Page 5 RONALD DUMAS , being first duly sworn, deposes and says that he or she is an estimaor of ;'' the party making the foregoing bid; that the bid is not made in e interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, south by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any.overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct. KENNEDY PIPELINE COMPANY Bidder � RESIDENT Rut orized Si ature /Title Subscribed and sworn to before me this 29 19 92 o ary Public i1 -29 -94 My Commission Expires: 5/91 day of January [SEAL] OFFICIAL SEA' MARY TRUMBLE 0 'NOTARY PUSUC - CALIFORN!A ORANGE COUNTY My Comm E.gveS Nov 29. 1994 y PHONE (714) 380 -8363 KENNEDY PIPELINE COMPANY 61 ARGONAUT • POST OFFICE BOX 3460 ALISO VIEJO, CALIFORNIA 92656 OWNERi THE IRVINE COMPANY CONTACT : RICHARD HESS (714) 720 -2366 CONTRACT AMT. $1,480,261.09 DESCRIPTION: Approx. 12,000 L.F. 10" Water Main, including fire hydrants, valves and blow -off. Approx. 4,500 L.F. 8" V.C.P. Sewer Main, 600 LF 10" V.C.P. Sewer Main including sewer manholes various sizes. Approx. 5,500 LF 18" to 60" R.C.P. Storm Drain including junction structures and inlets. COMPLETION DATE: January 1991 OWNER: AVIARA LAND ASSOCIATES CONTACT: TONY GERMAN (619) 931 -1190 CONTRACT AMT. $898,179.12 DESCRIPTION: Approx. 2000 LF 8" A.C.P., 760 LF 10" A.C.P., 6,400 LF D.I.P. in various sizes for water main, also fire hydrants, valves and blow -offs. Sewer Main consisted of 5,757 LF of 4 ", 6 ", 8" & 10" P.V.C. and manholes. COMPLETION DATE: November 1990 OWNER: LAKE SHORE TOWERS LIMITED PARTNERSHIP CONTRACTOR: BIRTCHER CONSTRUCTION CONTACT: RANDY JACOBSON (714) 643 -7100 CONTRACT AMT. $780,458.00 DESCRIPTION: Approx. 4,200 LF 4 ", 6" & 8" Water Main, hot taps, valves and water services. Approx. 200 LF Sewer Main and manhole. Approx. 5,100 LF 4" to 36" Storm Drain Pipe, including manholes and catch basins. Approx. 300 LF Reinforced concrete box tunnel. COMPLETION DATE: February 1991 OWNER: CRAWFORD HILLS ASSOCIATES CONTRACTOR: DIVIDEND DEVELOPMENT CONTACT: STEVE HOWARD (714) 724 -0874 CONTRACT AMT. $917,716.07 DESCRIPTION: Approx. 9,600 LF 6" to 16" D.I.P. Water Main with fire hydrants and water services. Approx. 8,000 LF 4" & 8" V.C.P. Sewer Main and manholes. Approx. 3,000 LF of 18" to 42" R.C.P. Storm Drain including catch basins, inlets and junction structures. COMPLETION DATE: November 1990 & • Page 6 M! DI I VIP An Z4 47 The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year For Whom Person Telephone Completed Performed (Detail) To Contact Number Attached Bidder 5/91 Authorized Signature /Title Ronald I. Dumas, Jr., Estimator Page 7 The following contract documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of mailing Notice of Award to the successful bidder: PAYMENT BOND (Page 8) FAITHFUL PERFORMANCE BOND (Page 9) CERTIFICATE OF INSURANCE (Page 10) GENERAL LIABILITY INSURANCE ENDORSEMENT (Page 11) AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT (Page 12) WORKERS' COMPENSATION INSURANCE CERTIFICATION (Page 13) CONTRACT (Page 14) The City of Newport Beach will not permit a substitute format for these contract documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Payment and faithful performance bonds shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VIII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. The workers' Compensation Insurance Certification shall be executed and delivered to the Engineer along with a Certificate of Insurance for workers' compensation prior to City's execution of the Contract. sre1 .. �. _ . �y'� ..gin. _ ,,, -_ - �.�'..: '.:._. .iy.'�. a.am......�.wlmrae""s Y£- i ...._.. = ::ayrY ii' - - e. ... r+.� 'tuixri.L --. '. . ..... a�� i ..s .. ... _.mow YFip. � _... .sa�.� .. PRO" $8587.00 BOND #E 1 90 Page 8 XNOW ALL PM BY THESE PRESENTS, that i1HEREAS, the City Council of the City of Newport Beach, state of California, by motion adopted February 10 1992 has awarded to Kennedy Pi 1�e ine Co an era after designated as a nPrincipal", a contract for Balboa PeRnsula Alley Reconstruction, Balboa Island Alley Reconstruction( Contract No. C-2866 ) in the City of Newport Beach, in strict cc ormity with the raw ngs and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach, and all of which are incorporated herein by this reference; WHERLAS, said Principal has executed or is about to execute contract No. 2866 and the terms thereof require the furnishing of a bond, prow nq that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We,. as Principal, and AMERI as Surety, are he d f rm the sum of FIVE HUNDRED ESG Dollars 508.665.20 ** estimated amount payab terms of the contract; bind ourselves, our successors, or assigns presents. ), Baia sum being equal to 100% of the le by the City of Newport Beach under the for which payment well and truly made, we heirs, executors and administrators, jointly and severally, firmly by these THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his /her 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 flue under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 5/91 LTfBT'd OH- M8'!!60 01I�� Page SA The bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right to them or their assigns in any suit brought upon this bond, as required by and in accordance with the provisions of Sections 3247 et. 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 teas of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications. in the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN wnvxss wli wr, this instrument has been duly executed by the above named Principal and Surety, on the 170 day of FE9RIARY , 1992. Name o Contractor (PrincipaIT AhMR ING Name o Sure y Estimator Y ISsI FACT IWMIDE. C1 92 07 one xonzy col... • .1\ -1. -4- OF 4\ \ :11 SURETY XUBT BE ATTACRID sm __zi.ii a oN-a of sa�ru� -aas� fAC STATE OF CALIFORNIA ss. I COUNTY OF Orange 1 11 01 OFFICIAL SEAL : PATRICIA KNAPP °o� NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY ro My CDmmissiDn ExOues Dec. I. 1992 ACKNOWLEDGMENT —Ge .I— WOkoNS Fem ?W —Ray. 5.82 On this 17th day of February , In the year 19-2-2- before me, the undersigned, a Notary Public in and for said State, personally appeared Ralph Eidem, Jr. personally known to me (or proved to me on the basis of satisfactory evidence) to be the person_ whose name_ is subscribed to the within instrument, and acknowledged to me that _he_ executed it. WITNESS my hand and officials Notary Public in and for sal 0 AMERICAN BONDING COMPANY PASADENA, CALIFORNIA A STOCK COMPANY POWER OF ATTORNEY No. E 100290 AMERICAN BONDING COMPANY, a Nebraska Corporation, having its administrative office in the City of Pasadena, State of California, does hereby make, constitute and appoint RALPH EIDEN, JR of SANTA ANA, CALIFORNIA as Attorney(s)-in-Fact, with full power and authority hereby conferred to execute and deliver and affix the seal. of the corporation thereto, if a seal is required, for and art its behalf as Surety, and as its act and deed, all of the following classes of documents, to wit: Any And All Bonds 1Le American Bonding Company further certifies that (lie following is a true and exed copy of Article \7h Sedum 9, of the By -Lasers of American Bonding Company duly adopted and now in force, to wit: SEGRON S. All bonds, undertakings. secognixances or other wriilen obligations of the earpomi ton shalt be exeerded in the name of the corporation by the president, au vlc'e ��e3ided, sceretary, any assistant- scadery, a We lrrnsnnn, or 1>y ttndn other pmannc as nay from lime to tlnre be properly Rullmrizeel. 17re president, any Vies -president, lie aeerdnry, arty assislaM- aec�dary or tlw IrcASUrtt nay appoint or renove resident vice - presidents, resident assistant- teerelarks, allunnc". In fact, agents or rrlher us; who stall lave authority to issue and deliver bonds, undertakings. r nizances er other written obligations in the nano of floe cogwratkm. 11w corporate seat is not necessary for the validity of any bond undertakings, or direr obligations of lire axpornNmr. The signature of any authorized officer and site seal of the corporation nay affixed by facsimile to any power of altorner ar cctificnlhnu Ilrenof adlrorizing the exemtion and delivery of any bond, or undertaking of the corporation; and sucin signature and If when so used stall lave lie same force and elled as though manually affixed. IN WITNESS WIlEREOF, AMERICAN BONDING COMPANY has caused these presents to be executed by its duly authorized officer and its corporate seal affixed, this October 2, 1990 Date �'erao;," AMERICAN BO DING COMPANY t (SEAL) �i'�r930 �° By Qas +• Title VICE PRESIDENT _ State of California County of Los Angeles Ou this 2nd day of °CTOHER 19 90 before me a Notary Public, pemnally appeared (lie above trained officer of American Bonding Company, a.corporation, kit o me to 11e the person and officer who executed the above Power of Attorney on behalf of tire corporation and no edges the corloralfon voI 11tarily executed the same. l� / OFFICIAL SEAL DARLENE S. WEST NOTAWKII&W- CAnrORMA LOS ANGELES COL NON N My Comm. Eywm ion. 31. 1993 Far AS 1000 Rev, a -90 Cmnmission Expires Jan. 31, 1992 s-4 ; • aOm #E 10oo Page 9 KNOW ALL KEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted February 10, 1992 has awarded to hereinafter designated as e£h - °princlpalu, a contract for _ in the City of Newport Bea , n con orm y w the contract, Drawings and Specifications and other contract documents in the office of the City clerk of the City of Newport Beach, all of which are incorporated herein by this reference; WHERE", Principal has executed or is about to execute Contract No. 2866 and the terms thereof require the furnishing of a nod forF-the faithful performance of the contract; as Principal, and AMERICAN as surety, are hold firmly WUnto Me` the sum Of FIVE 1 Lr=" IWIP aum Qnr wruln Dollars (S50 55.20 ),mod sum being equal to '100% of the estimated amours of the contract, to be paid to the City or its certain attorney, its successors, and assigns; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well keep truly and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby, and in addition to the fact amount specified in this Performance Bond, there shall be included coats and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, in the event it is required by bringing any action in law or equity to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no Change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its 5/91 LF/dI s� a O1 ,.. -. - 3f11S�2} -dflSO obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the contract or to the work or to the specifications. This Faithful Performance Bond *bell be extended and maintained by the Principal in full force and effect for six (6) months following the date of formal acceptance of the Project by the city. In the event that the principal executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its.obligations under this bond. IN W172MSS 11HMMF, this instrument has been duly executed by the Principal and Surety above named,. on the 17th day of F»RY , 1992. Kennedy Pipeline Company Name of a or Pr c pa) cod e Title / Ron D , r Estimator r / AMERICAN DOW= COMPANY VV Name of Surety Autb4r red gent 4tgnature RALPH EI[ JR. IN -FACT 3387 2 VE. 07 - ess of Sure y Te Lep none Non= OF COWITAO TOA am BUMM NOBT SE ATTACMW 5/91 II CSTATE Ol1NTYFOFALIfORNIA �ss. Orange OFFICIAL SEAL PATRICIA KNAPP • o NOTARY PUBLICCALIFORNIA Y PRINCIPAL OFFICE IN ORANGE COUNTY �• My Commas= Expires Dec. 1. 1992 ACKNOWLEDGMENT— GBmnal— WOkana Fam 233CA —Rm. 5 -62 On this 17th day of February , in the year 1992, before me, the undersigned, a Notary Public in and for said State, personally appeared Ralph Eidem, Jr. personally known to me (or proved to me on the basis of satisfactory evidence) to be the person_ whose name — >.s subscribed to the within instrument, and acknowledged to me that _he_ executed it. WITNESS my hand and official se Notary Public in and for said AMERICAN BONDING COMPANY PASADENA, CALIFORNIA A STOCK COMPANY POWER OF ATTORNEY No. E 100290 AMERICAN BONDING COMPANY, a Nebraska Corporation, having its administrative office in the City of Pasadena, State of California, does hereby make, constitute and appoint RALPH EIDEM, JR of SANTA ANA, CALIFORNIA as Attorney(s) -in -Fact, with full power and authority hereby conferred to execute and deliver and affix the seal. of the corporation thereto, if a seal is required, for and on its behalf as Surety, and as its act and deed, all of the following classes of documents, to wit: Any And All Bonds The Amcrtc an Bonding Cornpany further ccrdfies that the following is a true and exact copy of Article I'll Satins 3, of the By -Laws of American Bonding Company duly adopted and now in force, to wit: SECTION S. All bonds, undertakings, recognizances or other written obligations of the corporation shall he exacted In the none of the corporation by the president, any vfce- preftdent. secretary, any a nt- seaelary or the treasurer, or by such other persons as nay from lime to lime be properly authorized. 7Iw president, any vice- president, the secretary, any assistant- saTetnry IU (IM IMMUR nay appoint or remove resident vice - presidents, resident assistant- ceaduhs, allumcys In fact, agents OF Other pers<nu Who shall Imve sot larity to Issue and deliver bonds, undertakings, recoguhmnees or other written obligations in the name or the corporation. 11m corporate seal is not necessary for tie validity of any bonds, undertakings, or other obligations of the c rporation. The signature of any aullerized officer and the seal of the corporation nay to affixed by facsindle to any power of attorney or cenifiwlNne tlenrd authorizing the execution pail delivery of any band, or undertaking of the corporation; and such signature and seal when so treed shall have the same force and effect as lhouah avromily affixed. IN WITNESS WHEREOF, AMERICAN BONDING COMPANY has caused these presents to be executed by its duly authorized officer and its corporate seal affixed, this October 2, 1990 Date AMERICAN BO DING COMPANY `.ds Est L a (SEAL By �4use` Title VICE PRESIDENT State of California County of Los Angeles On file 2nd day of OCTOBER 19 90 , before me a Notary Public, persorually appeared the above named officer of American Bonding Comrime y, a corporation, kn o in to be the person and ufficer who executed tine above Power of Attorney on belts f of corporation and uo edges the corporation voI utariI executed the same. / 7 OFFICIAL SEAL Notn Public DARLENE S, WEST - rarAavvt>auc- oalFOJVan losAnaruscwumv My Cmnmission Expires Jan. 31, 1992 MY �^'^ fxpira Jan. 31,1997 Fpm AS I00a acv. ! -9a I `rays iu 7r�:r�a.'s-•ss ji aROOUCR = . COMPANIES AFFORDING COVERAGE Willis` Corroon Corporation COMPANY P.O. Box 90190 A' LETTER American Home Assurance Pasadena, Ca. 91109 -0190 COMPANY B Unicare Insurance Company LETTER INSURED Kennedy Pipeline Company P.O. BOX 3460 C L Laguna Hills Ca. 92653 COVER,,,LLL��� E „ 7lRS�S`t0. .' O 'Um F D WDICATEO. NOTWITH TAICNG ANY REOUN9+BR, TERM OR CONDITION OF ANY CDNnGCT OR OTHER DOCUMENT WITH RESPECT TO WfpCH THIS CERTIFICATE WAY BE ISSUED OR MAY PERTAIN, TiENSU ANCE AFFORDED BY THE POLICIES DE&CFBED HEWN IS SUBJECT TO ALL THE TERMS. MUSINK AND CONORIOHS OF SUCH POLICIES AND IS NOT AMENDED, OMMED OR ALTERED BY THIS CERTIFICATE 00 TYPE OF NSUPANCE POLICY NUMBER EFFECTIVE S ATTION ALL LIMITS N THOUSANDS GENERAL UABLI Y GENERAL AGGREGATE $1,000, PCMVANCEBASISONLY) 111103771 /30/9 PnooucTercoMPLI TEO s1,000, COMMERCIAL 6/ 3 0/ 9 COMyVE OPEMTRONS A(i6T1EOATE ® PROTECTIVE PERSONAL INJURY $1,000, ® CONIRACLUAL FOR SPECIFIC CONRMCr EACH OOCURANCE $1,000, � /DS OPE0. 7GU BaoAG IIORM PROP. DNMNGE SEVIMMUTY OF M INTEREST CLAM ' FEE DAMAGE (ANYONE FIRE) S 50, ' ® PE SON& HAIRY WITH EMPLOYEE SMUISION MEDICAL EXPENSES s 1 MM�B® LANY ONE PERSON) , IJABILRY COMSNED SINGLE UNIT = 80GLY NAATY s OWMeD tr'E+ QOM BODAYNJURY H� OM ACCIDENT) NDN.oWMED PROPERTY A—VA S MCCE" LJABEJIY EACH AGGREGATE USIA FORM OCCURRENCE ORIEL RAIN UMBRELLA FORM : $ STATUTORY Y .- B WORKaw COMPF"BATID" 6/30/9 $1,000, EACH ACCIDENT $ , DJeEkw- POLICY LIMIT EMPIMM LIABILITY /30/9 I' 1 DIXASE•EACH EMPLOYEE tONOSIIORMIRJPB AND NAR WOlAB' 'OOMNFNBATRIN STATUTORY _.b, ... De9CR1PRON OF OP&M ITEMS: ALL OPERATIONS PERFORMED FOR THE CITY OF NEWPORT BE" BY OR ON 8844F OF THE MAMA N67UED N CONNECTION WRN THE FOLLOWING CONTRACT: Balboa Peninsula Alley Reconstruction, Balboa Island Alley Reconstruction Program, Collins Ave. Storm Drain, 33rd, 340, and 43rd St. PRNIEGT TITLE AID ao mm" NUMBER C -2866 "CERTIFI ^ CE TION`! .. �.. GSM.,: l #�'�R3J K .. i:. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON. RENEWED. CITY OF NEWPORT BEACH CANCELLED OR COVERAGE INDUCED BEFORE THE EXPIRATION DATE THE P.O. BOX 1768 COMPANY AFFORDING COVE IRE SRY.L PROVIDE 7o DAYS MN. ADVANCE 3300 NEWPORT BLVD. NOTICE TO THE CITY OF NEWPORT BEACH BY REGISTERED MAIL NEWPORT BEACH, CA. 92659 -1768 "' GO 2/19/92 AVR DAZED REPRESENTATIVE ISSUE DATE 7r�:r�a.'s-•ss Y "uyc..av PRODUCER— ". COMPANIES AFFORDING COVERAGE " Dennis = Lockyer STATE FARM INSURANCE COMPANY LETTER A State Farm Insurance 22837 Ventura Blvd. 1 #302 COMPANY B LETTER Woodland Hills, Ca. 92653 Tennedy Pipeline Company P.O. Box 3460 Laguna Hills, Ca. 92653 C LETTER COYER 7RfS � TO -.. .. • O ABOVE Ds. - BIOHCATEA N07VM TANOM ANY REGUFIEMBR, TOM OR COMMON OF ANY CONIRACr OR OTHER DOCWHENT WITH RESPECT TO WHICH THIS CERnFKAATE WAY BE ISSUED OR MAY PE rAIK THE tISURANOE AFFOFMED BY THE POLICIES DEBCwSED HEREIN IS SUBJECT TO ALL THE TERMS, AND COIIDRIOW OF SUCH POLICES AND IS NOT AMEHOHL E MMED OR ALTERED BY THIS CEFMFWATE W LTF TYPE OF 00AUNCE POLICY NUMBER EFFECRVE DATE F(IMTION DATE ALL UMRTS N THOUSANDS GENERAL LIABUM GENERAL AGGREGATE _ POWRANCE BASIS ONLY) �MAGG�TE S COIMIBIC AL COIAPR ❑ FR NEON PESBOrJAI RHdHAtY $ O COWRACTALL FOR SPECIRC CONrRACr ❑ P0004=81COMPL OPEFL ❑ Ian NAwas , EACH Hx.YXIRANHU: S ❑ BFPWJnIW "PROP, DAMAGE Beveaeiirc OF NTEEST FIRE DAMAGE $ ❑ OIAUVE.' (AMY ONE FUM ❑ PEIBONPL aLRxa WITH BM%JDLEE saalfs" hl k OWENSES t VVWMED (ANY ONE PERSON) oo YH F801726F307 D BODLYOLUNRY s aAHeD (PER PO Imo', 5/30/91 P AOCaum ET► AOCLDENT) WER s /30/92 " PEE s E OM UABUrY EACH AGGREGATE UMW&tA-FORM OOCATRENCE OTHER THAN 0M11RE AA FORM S f NRATRORY WOfiHiGiB' "COMPENSATION = EACH ACCKIENT AND t OBEASE -POLICY UMR EMPLOVOW - LAAMM S UNEASE -EACH EMPLOYEE LANDOHORPMOM AND HAR - WORKOW "'- COMPENSATION I STATUTORY f.F DESCAFRON OF RDA& ALL OPERATIONS PERFORMED FOR THE CRY OF HeNPORT .BEACH BY OR ONIBWF OF THE LAMED INSURED N COrNEMIGN WRH THE FOLLOWING CONTRACT: Balboa Peninsula Alley Reconstruction, Balboa Island Alley Reconstruction Program, Collins Ave. Storm Drain, 33rd, 34th, and 43rd St. Pnwwr mw AND owapAw NUMBER C -286 `CER71F1, OLDS <. i.+e ♦fxb, rr 1EC..EL�y SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NOWRENEWED. CITY OF NEWPORT BEACH CANCELLED OR COVERAGE IMKXD BEFORE THE EXPIRATION DATE THE P.O. BOX 1768 COMPANY AFFORDING COVERAGE SHALL PROVIDE TA DAYS MIN. AMANCE 5300 NEWPORT BLVD. NOTICE TO THE Cm OF NBAPW BEACH BY REGISTERED MML NEWPORT BEACH, CA. 92659 -1768 A AfT10N: u 2 / 19 / 92 ATNE " WAM DATE 0 0 Y Page 11 GENERAL LIA9 [CE ENDORSEKENT 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 insureds) 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. 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 contained in the written contract designated below, between the named insured and the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU" hazards) are deleted. 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: ( ) Commercial General Liability (X) 1,000,000 1,000,0001 Comprehensive each 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). 5/91 � s x� ___ � �. i Page 11A 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, canceled 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, Balboa PeninsulPublic lley Reconstruction, n,eBalboa Island 7. Designated Contract: Alley Reconstruction Pro ram Collins.Ave. Storm Drain a Project Title an Contrct No. C -2666 This endorsement is effective 2/19/92 at 12:01 a.m. and forms a part of Policy No.Mi > > > n1771 of Am ,L nan HnmP Aacnrallce (Company Affording Coverage). Insured: Kennedy Pipeline Company Endorsement No.i TBD ISSUING COMPANY By Authorized Representative s/91 • 0 Page 12 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 $ per person Bodily Injury Liability $ per accident Property Damage Liability $ (xj Combined Single Limit Bodily Injury Liability 6 Property Damage Liability 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. 5/91 0 i Page 12A 4. Should the policy be non - renewed, canceled 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 storks Department. Balboa Peninsula Alley Reconstruction, Balboa Island 5. Designated Contract: Alley Reconst. Proaram. Collins Aye. Stnrm main C -2866 This endorsement is effective 2/19/92 at 12:01 a.m. and forms a part of Policy No.F801726F3075Of State Farm Insurance (Company Affording Coverage). Insured: Kennedy Pipeline Company Endorsement No.: TBD ISSUING COMPANY By: Authorized Representative sm 0 0 6 Page 13 "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." Z- 10iA7 -- Kennedy Pipeline Company Date Name of Contractor (Principal) C -2866 Contract Number Authorized Signalture and Title Ronald I. Dumas, Jr., Estimator Balboa Peninsula Alley Reconstruction, Balboa Island Alley Reconst. Program Collins Ave. Storm Drain, 33rd, 34th, and 43rd Street Improvements. C -2866 s/91 Page 14 CONTRACT THIS AGREEMENT, entered into this J? y of , 19, by and between the CITY OF NEWPORT BEACH, hereinafter "Ci an Kennedy Pipeline Company , herei fter "Contractor," s made nth reference to the following facts: A. City has heretofore advertised for bids for the following described public work: Balboa Peninsula Alley Reconstruction, Balboa Island Alley Reconstruction Program, Collins Ave. Storm Drain- C-2866 Title of Project Contract No. B. Contractor has determined by City to be the lowest responsible bidder on said public work, and Contractor's bid, and the compensation set forth in this contract, is based upon a careful examination, of all plans and specifications by Contractor, NOW, THEREFORE, the parties hereto agree as follows: 1. Contractor shall furnish all materials and perform all of the work for the construction of the following described public work: Balboa Peninsula Alley Reconstruction, Balboa Island Alley Reconstruction Program, Collins Ave. Storm Drain C -2866. Title of Project - Contract No. which project is more fully described in the contract documents. Contractor shall perform and complete this work in a good and workmanlike manner, and in accordance with all of the contract documents. 2. As full compensation for the performance and completion of this work as prescribed above, City shall pay to Contractor the sum of Five Hundred Mht Thousand Six_ Hundmd sixty Five Dollars ($508,665.20 ). Th s compensation & 201100 includes: (a) Any loss or damage arising from the nature of the work, (b) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (c) 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. 5iv1 0 i FI 0 Page 14A 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) Instructions to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and Endorsement(s) (f) Plans and Special Provisions for Balboa Peninsula Alley Reconstruction, Balboa Island Alley Recons t. C-286 Title of Project Contract No. (g) This Contract (h) Standard Specifications of Public Works Construction (current Edition) and all supplements 4. Contractor shall assume the defense of, pay all expenses of defense and hold harmless, City .and its officers, employees and representatives from all claims, loss or damage, injury and liability of every kind, nature and description by reason of or arising out of the negligent or willful conduct of the Contractor, his /her employees, agents and subcontractors in the performance of the Project, except such loss or damage caused solely by the active negligence of City or its officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first written above. CITY OF NEWPORT BEACH A Nunicipal Corporation B Air - ayor AS TQ WORN: Kennedy Pipeline. Company. Name of Contractor ATTEST: Authorized Signature and Title Ronald I. Dumas, Jr., Estimator SM • i ..: _.:'...�.,�za�r.�o-7�:Si� --n�.r �.:_a�., ;. L.... _ _':._�. :ram._::_ ^aa- �,�:... ... .. ,_. _... ... - .;.,..z..�.__. _.. .i ._. .tea __. CITY OF NEWPORT BEACH • PUBLIC WORKS DEPARTMENT INDEX FOR SPECIAL PROVISIONS BALBOA PENINSULA ALLEY RECONSTRUCTION BALBOA ISLAND ALLEY RECONSTRUCTION PROGRAM COLLINS AVENUE STORM DRAIN 33rd, 34th, AND 43rd STREET IMPROVEMENTS CONTRACT NO. 2866 I. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . 1 II. CONTRACTOR'S LICENSES . . . . . . . . . . . . . . . . 1 III. HOURS OF WORK . . . . . . . . . . . . . . . . . . . . 1 IV. COMPLETION, SCHEDULE AND PROSECUTION OF WORK . . . . 2 V. PAYMENT . . . . . . . . . . . . . . . . . . . . . . . 4 VI. LIQUIDATED DAMAGES . . . . . . . . . . . . . . . . . 4 VII. TRAFFIC CONTROL . . . . . . . . . . . . . . . . . . . 4 VIII. NOTICE TO RESIDENTS AND "NO PARKING" SIGNS . . . . . 6 A. Notice to Residents . . . . . . . . . . . . 6 B. "NO PARKING -TOW AWAY" Signs . . . . . . . . . . . 6 C. Street Sweeping Signs . . . . . . . . . . . . . . 6 IX. CONSTRUCTION SURVEY STAKING . . . . . . . . . . . . . 7 X. WATER . . . . . . . . . . . . . . . . . . . . . . . . 7 XI. STEEL PLATES . . . . . . . . . . . . . . . . . . . . 7 XII. SURFACE AND GROUNDWATER CONTROL . . . . . . . . . . . 7 XIII. CONSTRUCTION DETAILS . . . . . . . . . . . . . 8 A. Sewer Main Replacement . . . . . . . . . . . 8 B. Street and Alley Construction . . . . . . . . . 10 C. Storm Drain Replacement . . . . . . 11 D. Slide Gate, Actuator, Control Station . . . . . 12 XIV. TEMPORARY RESURFACING . . . . . . . . . . . . . . . 13 I. II • CITY OF NEWPORT BEACH SP 1 of 13 PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS BALBOA PENINSULA ALLEY RECONSTRUCTION BALBOA ISLAND ALLEY RECONSTRUCTION PROGRAM COLLINS AVENUE STORM DRAIN 33rd, 34th, AND 43rd STREET IMPROVEMENTS CONTRACT NO. 2866 The work to be done under this contract consists of removing and replacing existing alley improvements, sewer main, storm drains and street improvements; adjusting existing City -owned utility frames and covers to finished grade; constructing storm drains, curb inlets, area drains, installing an electrically operated tide gate, replacing street light conduit; and other 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 No. A- 5125 -5, A- 5137 -5, 5- 5137 -5, R- 5643 -S, D- 5203 -5, and D- 5205 -5), (3) the City's Standard Special Provisions and Standard Drawings for Public Works Construction, (1991 Edition); and (4) the Standard Specifications for Public Works Construction, (1991 Edition). Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department for Five Dollars ($5.00). Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, telephone (213) 202 -7775. CONTRACTOR'S LICENSES At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" 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. HOURS OF WORK 7:00 AM - 6;30 PM weekdays 8:00 AM - 6:30 PM Saturdays No work will be permitted on Sundays and holidays which disturbs, or could disturb, a person of normal sensitivity who works or resides in the vicinity. "Holiday" shall be defined as January 1st, the third Monday if February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth thursday in November (Thanksgiving), and December 25th (Christmas). If January 1st, July 4th, IV . SP 2 of 13 November 11th or December 25th falls on a Sunday, the following Monday is a holiday. COMPLETION, SCHEDULE AND PROSECUTION OF WORK A. The Contractor shall complete all work within one hundred fifty (150) consecutive calendar days, but no later than July 31, 1992. In addition, due to the increased traffic during the summer months, construction shall be completed on Balboa Island and along Balboa Peninsula alleys as rapidly as practicable, but no later than June 12, 1992. B. The Contractor shall complete all work along each block of South Bay Front, alley or street within twenty (20) consecutive calendar days after beginning work along that walkway, alley or street. The Contractor shall complete all work along Collins Avenue within sixty (60) consecutive calendar days after beginning work along that street. The term "work" as used herein shall include all removals, adjustments, and replacements; construction of storm drain, curb inlets, vault (except installation of gate valve actuator, control station, etc.); construction of sewer main, alley approaches, street pavement, curb and gutter, sidewalk, and access ramps. Also included within the specified period is curing time for new PCC improvements. In summary, this means that each site and every garage approach with access within that site must be returned to normal vehicular or pedestrian use within the number of consecutive calendar days specified above from the day it is first closed to such use. The Contractor must 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 will be prohibited from starting additional work at additional sites 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 twenty (20) consecutive days allowed for 100% completion of the construction work along each walkway, alley or street and the sixty (60) consecutive days allowed for 100% completion of the construction work along Collins Avenue. 0 0 Additional liquidated damages shall for failure to complete the work on and Balboa Peninsula Alleys by June the project as specified under Sect Liquidated Damages. SP 3 of 13 be assessed Balboa Island 12, 1992 and ion VI, 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. 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 or street sweeping procedures in any manner, the Contractor shall contact the City's Field Operations Superintendent, Mr. Leon Hart, at (714) 644 -3060 who may require the Contractor's assistance with 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. 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. Two days prior to any street light circuit work at the Collins Avenue work site, the Contractor shall notify the City's Electrical Services Supervisor, Herb Wollerman, at (714) 644 -3011, to allow City forces to de- energize and inspect street light circuits. The Contractor shall consider the phasing of street light conduit construction and shall use the following guidelines in establishing his work schedule: 1. Each stage and phase of construction proposed by the Contractor and the estimated length of street light outages shall be shown on the schedule. 2. Series circuit shall be maintained at all times. 3. Each circuit shall be jointly inspected by the City's Electrical Services Supervisor and the Contractor prior to commencement of work. • y • • SP 4 of 13 4. Each circuit not permitted for outage shall return to service prior to dusk, and in no case later than 4:30 P.M. The Contractor shall phase the construction of Alleys on Balboa Island in order to insure access for traffic along the adjacent one -way streets. E. 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 1001 completion of work at each alley or street. F. No work shall begin until a schedule of work has been approved by the Engineer. V. 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 prices for associated bid items. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. VI. LIQUIDATED DAMAGES Commencing on August 1, 1992, 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 $250.00 specified in Section 6 -9 of the Standard Specifications. In addition, commencing on June 13, 1992 the Contractor shall pay to the City, or have withheld from monies due the Contractor, the daily sum of $350.00 for failure to complete construction on Balboa Island and along Balboa Peninsula Alleys. VII. TRAFFIC CONTROL The Contractor shall submit a written traffic control plan, in accordance with WATCH, for each site to the Engineer and obtain his approval a minimum of five (5) working days prior to commencing any work. A. The traffic control plans shall incorporate the following: • SP 5 of 13 1. The location and wording of all signs, barricades, delineators, lights, warning devices, temporary parking restrictions, and any other details required to assure that all traffic will be handled in a safe and efficient manner with a minimum of inconvenience to the motorist. 2. A complete and separate plan for each phase of construction proposed by the Contractor showing all items listed under 1. above and the restrictions of Section IV. 3. The Contractor shall maintain emergency vehicle access at all times. B. The Collins Avenue traffic control plans shall incorporate the following: Type III barricades shall be used across all street, alley, and South Bay Front closures. South Bay Front shall not be closed to pedestrian traffic concurrent with a closure of the adjacent alley to pedestrian traffic. The Contractor may use the following traffic control alternatives to maintain traffic access along Park Avenue. Other methods of traffic control may be approved by the Engineer prior to construction. Alternative 1 During construction, temporary "NO PARKING, TOW AWAY" signs shall be installed and a minimum of one 9 -foot traffic lane in each direction along Park Avenue shall be maintained at all times. Alternative 2 During construction, temporary "NO PARKING, TOW AWAY" signs shall be installed and traffic access along Park Avenue shall be maintained at all times. If it becomes necessary, the Contractor shall provide uniformed flagmen with radio control to slow -down, reroute, and direct traffic through the construction area. At the end of each work day, all on- street parking and traffic lanes shall be restored. 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 or alleys outside of a street closure area. • SP 6 of 13 VIII. 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. The written notices will be prepared by the Engineer. The Contractor shall insert the applicable dates and time 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 alley /street construction in a manner approved by the Engineer. Immediately after completion of alley /street work and upon removal of the "NO PARKING, TOW - AWAY" signs, the Contractor shall uncover street sweeping signs on those streets adjacent to the completed alley. • IX. CONSTRUCTION SURVEY STAKING SP 7 of 13 Field staking control of construction will be provided by the Engineer. Limits of removal are field - identified by paint marks. Existing property corners and survey ties adjacent to removals shall be protected and maintained. In situations where property corners or survey ties interfere with the work, the Contractor shall notify the Engineer a minimum of two (2) working days prior to removal so that the Engineer can survey and reset property corners and survey ties. X. 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. XI. 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. XII. 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 mean sea level, approximately (5.4 feet above mean lower low water). r XIII. CONSTRUCTION DETAILS A. Sewer Main Replacement • SP 8 of 13 The Contractor shall be responsible for maintaining sewer service at all times during construction of this project. Method of maintaining service shall be approved by the Engineer prior to the start of work. Sewer Alternatives a. Vitrified Clay Pipe (VCP) 1. Sewer Main Sewer main pipe, house connections, sewer cleanouts, and fittings shall be extra strength vitrified clay pipe (VCP). 2. House Connections (HC) All new HC laterals shown on the plan shall be aligned perpendicular to the new sewer main unless otherwise shown on the plans. To accomplish this, the Contractor shall determine the exact locations of existing HC at property lines prior to laying any new pipe. The material and size of existing laterals at property lines may vary and shall be verified by the Contractor at his own expense. The Contractor shall furnish and install a sewer cleanout at each house connection lateral. Manhole Connections Manhole connections shall be watertight. The vitrified clay pipe shall be cement - grouted to existing manholes. Grout, proportioned by volume, shall be.l part portland cement and 2' to 3 parts sand, to which 1 /10 part lime may be added. b. Polyvinyl Chloride (PVC) 1. Sewer Main Sewer main pipe, house connections, sewer cleanouts, and fittings shall be polyvinyl chloride (PVC) SDR 35 . SP 9 of 13 and shall conform to the requirements of ASTM D1784 and 3034. The PVC pipe shall have a nominal diameter of 8 and 12 inches except for smaller sized house connections, and shall have integral bell and spigot connections with elastomeric gaskets. 2. House Connections (HC) See Section XIII, A.1.a(2). 3. Manhole Connections Manhole connections shall be watertight. Approved methods for connection can be made as follows: a. Manhole couplings with elastomeric gasket seals may be cement - grouted into the manhole walls. Pipe inserts into coupling. b. Waterstop in various forms (e.g., flexible boot or sleeve O -ring or gasket) produced from elastomeric compound may be grouted or locked into manhole wall. Pipe inserts into waterstop. C. Grouted connections directly to PVC pipe may be effective if the pipe at the connection is first softened with solvent and covered with sand. d. Grout, proportioned by volume, shall be 1 part portland cement and 2k to 3 parts sand to which 1 /10 part lime may be added. Sewer Cleanout Installation All existing sewer house connections without sewer cleanouts or with sub - standard sewer cleanouts shall be reconstructed with a new sewer cleanout. The Contractor shall verify the exact locations of the existing house connections, at property lines, prior to installing any new cleanouts. The material and size of existing house connections, at property line, may vary and shall be verified by the Contractor at his sole expense. SP 10 of 13 B. Street and Allev Construction 1. 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. Existing Utilities The Contractor shall adjust to finish grade all sewer manholes, sewer cleanouts, water meter boxes, and water valve and monument covers prior to the placement of pavement. The Contractor shall be responsible for any damages to existing utilities resulting from his operations. The Contractor shall protect in place existing utilities to private piers along the South Bay Front. 3. PCC Curb and Sidewalk The cost of constructing curb and sidewalk adjacent to new alley approaches to join existing or new improvements shall be included in the cost of constructing PCC alley approaches. Encroaching Improvements The Contractor shall salvage any brick encroaching in the alley that is in conflict with the work, and stack it neatly on private property adjacent to the alley. 5. Patch Back and Reinstalling Brick The Contractor shall patch back AC and PCC within private property at locations shown on the plans in a manner that matches the adjoining private property improvements in structural section, texture and color. 6. Stamped Concrete Damaged stamped concrete at street ends shall be replaced with new stamped concrete to match the existing embossing and color. • • SP 11 of 13 Payment for new or reconstruction of stamped concrete shall be included in unit prices for associated bid items. C. Storm Drain Replacement In order to avoid conflicts with the anchor piles for concrete bulkheads, the final locations of curb inlets at the street ends shall be determined by the Engineer during construction. The 15" storm drain lateral along the South Bay Front and all curb inlet connector pipes shall be constructed prior to the construction of junction structures and curb inlets since grade adjustments may require a different floor elevation of junction structures or curb inlets. A hole of minimum diameter 1 -inch greater than the outside diameter of the outfall pipe shall be made through the bulkhead 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. Bay Front beach site maintenance will be done in accordance with Section 7 -8 of the Standard Specifications. The Contractor shall maintain the South Bay Front beaches, adjacent to the work site, in a clean and safe condition. The contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each work day. Class 100 -E -100 slurry shall be placed as backfill between pipe spring line and bottom of pavement replacement along Collins Avenue where that dimension is 30 inches of less. Payment for the slurry backfill shall be included in unit prices for construct 15" or 24" storm drain. 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. 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. •' ` • SP 12 of 13 1. Pipe Alternatives The Contractor, at his option, may use the following alternative materials for storm drain conduit unless shown otherwise on the plans: a. Polyvinyl Chloride pipe - -SDR 35 or thicker. b. Asbestos Cement Pipe -- 2000 -D or stronger. 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 include all pipes, manholes, catch basins; and plugging and sealing existing bulkhead outlets with a minimum of 6" thick 520 -A -2500 concrete. b. At the south east corner of Collins Avenue and Park Avenue; remove the existing catch basin and interfering portion of existing 4 -inch diameter pipe and plug remaining 4 -inch diameter pipe at each end with 4- inches minimum Class 520 -A2500 concrete. D. Slide Gate, Actuator. Control Station, etc. Slide gate shall be epoxy coated and have circular flat back mounting frame which bolts 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 gate shall be Waterman Industries Model P- 30ff, flangeback pressure gate with 1251 drilling standard, or equal approved by the Engineer. 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. SP 13 of 13 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 Calif. Edison requirements on this pole. Meter panel and cabinet shall be per Southern California Edison requirements and fabricated entirely from stainless steel, if available, and shall be secured to the utility pole, specified on the plans, with stainless steel hardware. Automatic actuator shall be manufactured by E.I.M. Controls, or equal approved by the Engineer. In addition, automatic actuator and controls shall have a one year warranty after installation and acceptance by the Engineer. The Contractor shall sandblast slide gate vault exterior surface to match surface texture of existing bulkhead coping. 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 gate, actuator, control station, etc. shall be at the Lump Sum 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. XIV. 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 and sewer mains and laterals. Temporary resurfacing shall be 2" in thickness, and is required over all excavated pavement areas except where an entire alley or street pavement is being reconstructed. TO: City Council • FROM: Public Works February 10, 1992 :ITY COUNCIL AGENDA :TEN NO. F-3(b) SUBJECT: BALBOA PENINSULA AND BALBOA ISLAND ALLEY REPLACEMENT PROGRAMS, COLLINS AVENUE -STORM DRAIN, 33RD AND 34TH STREETS STORM DRAIN REPLACEMENT (C -2866) Award Contract No. 2866 to -,Ka nedy Pipeline Company of Laguna Hills, California for the total bid price of $508,665.20, and authorise the Mayor and the City Clerk to execute the contract. At 11:00 A.M. on January 30, 1992, the City Clerk opened and read the following bids for this project: Low Bidder Total Bid Price Kennedy Pipeline Company $508,665.20 2 Clayton Engineering, Inc. $517,512.75 3 Sully - Miller Contracting Company $526,363.00 4 Heritage Engineering Const. Inc. $572,775.00* 5 Gillespie Construction Inc. $5990174.00 6 B & A Construction Inc. $607,607.00 ** 7 Damon Const. Co. $622,369.75 * ** 8 Mike Masanovich Const Co., Inc. $6420075.00 9 Savala.Construction Co., Inc. $658,812.50 10 Tomar Eng. Inc. $668,640.00 11 Nobest Inc. $692,417.05 12 Excalibur Contracting Inc. $699,979.50 13 Excel Paving Company $673,920.00 * * ** 14 Griffith Company $728,430.00 15 Albert W. Davies, Inc. $777,000.00 * Corrected total bid price is $562,479.00 ** Corrected total bid price is $607,580.00 * ** Corrected total bid price is $619,969.75 * * ** Corrected total bid price is $720,945.00 The low bidder, Kennedy Pipeline Company, is a well - qualified General Engineering contractor who possesses a Class A Contractor's License. Kennedy Pipeline Company has not performed previous contract work for the City; however, a check with their experience references and the State Contractor's License Board has shown that Kennedy has successfully completed similar contract work for various developers and has no pending actions detrimental to their contractor's license, respectively. The low total bid price is 12% below the Engineer's Estimate of $577,000.00. The disparity between estimated and bid • C • 0 • Subject: Balboa Peninsula and Balboa Island Alley Replacement Programs, Collins Avenue Storm Drain, 33rd and 34th Streets Storm Drain Replacement (C -2866) February 10, 1992 Page 2 amounts is attributed to an intense competition among contractors caused by scarcity of such work. This project provides for the replacement of 180 lineal feet of sewer main, the installation or replacement of 1,410 lineal feet of storm drain, and the reconstruction of 33,810 square feet of alley improvements, at locations shown on the attached Exhibit "A ". The sewer main and lateral replacements will restore the original flow capacity to the system. The storm drain construction will improve drainage and eliminate water ponding in public sidewalks and streets. The storm drain construction includes construction of the Collins Avenue Storm Drain which was deleted from a previously awarded contract. The reconstruction of the alley improvements will facilitate drainage and provide a smooth driving surface. Funds for award are proposed from the following appropriations: Description----------------- ---- -- Account No_ Amount --- ---- - Balboa Penn. Alley Replace Prog. 7013- 3130005 $ 55,723.59 Balboa Island Alley Replace Prog. 7013 - 3130007 90,000.00 Collins Ave. Storm Drain 7013- 3130056 Harbor Street End Improv. Prog. 7015- 2800001 33rd i 34th St. Storm Drains 7013- 3130016 Balboa Ave. Storm Drain Tide Gate 7013- 3130017 Sewer Main Replacement Program 7533- 5300002 Street Light Conversion Program Water Main Replacement Program Total The plans and Public Works Department. 1992. ^` Ben amin B. Nolan Public Works Director SL: so Attachment 7013- 3210001 7503 - 5000002 203,761.96 30,000.00 33,000.00 24,000.00 54,629.65 6,550.00 $508,655.20 specifications were prepared by the All work should be completed by July 4"s i� • • JAN • January 13, 1992 CITY COUNCIL AGENDA ITEM NO. F -12 TO: City Council gppROVED FROM: Public Works Department SUBJECT: BALBOA PENINSULA AND BALBOA.ISLAND ALLEY REPLACEMENT PROGRAMS, COLLINS AVENUE STORM DRAIN, 33RD and 34TH STREETS STORM DRAIN REPLACEMENT (C -2866) RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Authorize the Ad- -*Sae Aa at 7'I.AA Ta.+.va:+•_1A_... "1T7L. DISCUSSION: This project provides for the replacement of 180 lineal feet of sewer main, the installation or replacement of 1,410 lineal feet of storm drain, and the reconstruction of 33,810 square feet of alley improvements, at locations shown on the attached Exhibit "A ". The sewer main and lateral replacements will restore the original flow capacity to the system. The storm drain construction will improve drainage and eliminate water ponding in public sidewalks and streets. The storm drain construction includes construction of the Collins Avenue Storm Drain which was deleted from a previously awarded contract. The reconstruction of the alley improvements will facilitate drainage and provide a smooth driving surface. The Engineer's construction estimate is $577,000. Sufficient funds to award this amount are available in the appropriations for Balboa Peninsula Alley Replacement Program, Balboa Island Alley Replacement Program, Collins Avenue Storm Drain, Harbor Street End Improvement Program, 33rd & 34th Streets Storm Drain Replacement, Balboa Avenue Storm Drain Tide Gate, Sewer Main Replacement Program, Street,Light Replacement Program, Water Main Replacement Program, and the Street And Alley Improvements Program. The plans and specifications were prepared by the Public Works Department. All work should be completed by July 30, 1992. Ben -amen B. Nolan Public Works Director SL: so Attachment (3� 11 (t,��1` Audwrizad b Pubiall Adven swnwas at ad kinds WKfix iM public not= by Dade* ddoSWWiormlarat am" County NumberAfi214, SapWv*W29,1961, andA -U N1 duo 1WW 9 ' STATE OF CALIFORNIA County of Orange I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the 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 on the following dates: January 16, 21, 1992 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on January 21, '199 2 at Costa Me Cal' omi Signature PROOF OF PUBLICATION