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HomeMy WebLinkAboutC-2914 - Via Marina, Newport Hills Drive West, Kings Road, Harbor Island Drive, Harbor Island Road, and De Sola Terrace Storm DrainsCIT -POF NEWPORT AVACH May 10, 1994 OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Gillespie Construction 245 Fischer B -3 Costa Mesa, CA 92626 (714) 644 -3005 Subject: Surety: Developers Insurance Company Bond No. 144788P Contract No.: C -2914 Project: Via Marina, Newport Hills Drive West, Kings Road, Harbor Island Drive, Harbor Island Road and De Sola Terrace Storm Drains The City Council of Newport Beach on April 11, 1994 accepted the work of subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. The Notice was recorded by the Orange County Recorder on April 26, 1994, Reference No. 94- 0288845. Sincerely, &end gp Wanda E. Raggio City Clerk WER:pm cc: Public Works Department 3300 Newport Boulevard, Newport Beach NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Gillespie Construction, 245 Fischer B -3, Costa Mesa, CA 92626 as Contractor, entered into a Contract on November 8, 1993 Said Contract set forth certain improvements, as follows: Via Marina, Newport Hills Drive West, Kinas Road, Harbor Island Drive Harbor Island Road and De Sola Terrace Storm Drains (C -2914) - located in the City � County of Oran3Ze -$ said Contract was completed on March 28, 1994 , 11 r. " q66 0rngp VULI " found to be acceptable on April 11, 1994 by the 26- APR -1994 03;59 Pri RECORDING REQUESTED BY AND property is vested in the Owner, WHEN RECORDED RETURN TO; Company, 1425 W. Foothill Blvd., Ste. 120, Upland, CA 91786 dt Ora —e Pou ti L',I 3 ±, Fe n ,cr City Clerk / g � �• �QY �� j q 4 y ,.; L „r7 d.G City fwNpewpgrt Beach c�„faFaK NewpNewport CA e92663 beach, kkfi "Exempt from recording fees pursuant to Government Code Section -6103” NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Gillespie Construction, 245 Fischer B -3, Costa Mesa, CA 92626 as Contractor, entered into a Contract on November 8, 1993 Said Contract set forth certain improvements, as follows: Via Marina, Newport Hills Drive West, Kinas Road, Harbor Island Drive Harbor Island Road and De Sola Terrace Storm Drains (C -2914) - located in the City of Newport Beach, County of Oran3Ze Work on said Contract was completed on March 28, 1994 , and was found to be acceptable on April 11, 1994 by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Developers Insurance Company, 1425 W. Foothill Blvd., Ste. 120, Upland, CA 91786 BY dW� ub i orxs 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 Newport Beach, California. BY i rc at ;2. t:� S C is C7 0 TO: CITY COUNCIL r Ca_ LAPR Ii I APPROVE[ FROM: PUBLIC WORKS DEPARTMENT SUBJECT: ACCEPTANCE OF VIA MARINA, ROAD, HARBOR ISLAND DRIVE, SOLA TERRACE STORM DRAINS RECOMMENDATIONS: Accept the work. 0 April 11, 1994 CITY COUNCIL AGENDA ITEM NO.-23__ NEWPORT HILLS DRIVE WEST, KINGS HARBOR ISLAND ROAD, AND DE (C -2914) 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 subject storm drains has been completed to the satisfaction of the Public Works Department. The bid price was $382,319.00 Amount of unit price items constructed 396,570.35 Amount of change orders 25,367.79 Total contract cost $421,938.15 The increase in the amount of the unit price items constructed resulted from the need for additional pipe slope anchors and junction structures. Six Change Orders were issued. The first, in the amount of $1,429.31, provided compensation for delays when the existing gas and water mains in Kings Road were found to interfere with the new drain. The second, in the amount of $9,988.06, provided for the removal and replacement of wet soil at the outlet of the Port Wheeler Drain. The third, in the amount of $6,603.00, provided for the removal and replacement of a portion of the existing drain at 105 Kings Road. The fourth, in the amount of 5995.58, provided for crew delay and pipe restocking when the type of pipe had to be changed due to a conflict with the existing water main in Via Marina. The fifth, in the amount of $1,478.84, provided for extending the Harbor Island Road drain to reduce beach erosion. The sixth, in the amount of 54,873.00, provided for restoration of concrete stairs and paving in the drain easement adjacent to the De Sola Terrace drain. 0 41 SUBJECT: ACCEPTANCE OF VIA MARINA, NEWPORT HILLS DRIVE WEST, KINGS ROAD, HARBOR ISLAND DRIVE, HARBOR ISLAND ROAD, AND DE SOLA TERRACE STORM DRAINS (C -2914) April 11, 1994 Page 2 . Funds for the project were budgeted in the General Fund, Account Nos. 7013- 98301002, - 98313067, - 98313080, - 98313081, - 98313082, - 98313083, and - 98301003. The contractor is Gillespie Construction, Inc. of Costa Mesa. The contract date of completion was January 31, 1994. Due to inclement weather and the extra work, the project was not completed until March 28, 1994. �V (2, �'z Benjamin B. Nolan Public Works Director PD:so • KINGS RORD fiat OOE�IV HARBOR ISLRND DRIVE HRRGOR ISLRND RORD �— IImIC M PROJECT LOCRTIOW BAY WT CITY OF IRVINE u. cqNENPORT HILLS DRIVE NEST 0 STItt ORAGE I DE SOLR TERRRCE MARINA, J FO` HILLS DRIVE K�NGS ROAD, HAR" ISLAND DRIVE IHARBOR ISLAND ROAD, DE SOLA TERRACE 9' c mms mE. COAST YIR NRRINR CITY O F COLLEGE aa� CO r COSTA rnum[arus MESR VICTORIA sr. ` I J\ UPPER WPORT —, 1�W 19TH ST. T, BAY IpQ / B7 HYI KINGS RORD fiat OOE�IV HARBOR ISLRND DRIVE HRRGOR ISLRND RORD �— IImIC M PROJECT LOCRTIOW BAY WT CITY OF IRVINE u. cqNENPORT HILLS DRIVE NEST 0 STItt ORAGE I DE SOLR TERRRCE MARINA, J FO` HILLS DRIVE K�NGS ROAD, HAR" ISLAND DRIVE IHARBOR ISLAND ROAD, DE SOLA TERRACE 9' c CITY MF NEWPORT B A CH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 // -Y -y3 TO: FINANCE DIRECTOR FROM: CITY CLERK. DATE: November 8, 1993 SUBJECT: Contract No. C -2914 Description of Contract Via Plarina, Newport Hillg Drive West, Kings Road, Harbor Island Drive Harbor Island Road and De Sola Terrace Storm Drains Effective date of Contract November 8 1993 Authorized by Minute Action, approved on October 11, 1993 Contract with Gillespie Construction Address 245 Fischer B -3 Costa Mesa CA 92626 Amount of Contract $382,319.00 "94a& 0�e Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach I+ • • • October 11, 1993 WT 1 11993 CITY COUNCIL AGENDA ITEM NO. 2 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: VIA MARINA, NEWPORT HILLS DRIVE WEST, KINGS ROAD, HARBOR ISLAND DRIVE, HARBOR ISLAND ROAD, AND DE SOLA TERRACE STORM DRAINS (C -2914) RECOMMENDATIONS: 1. Affirm the Categorical Exemption. 2. Award Contract No. 2914 to Gillespie Construction, Inc. for the Total Bid Price of $382,319, and authorize the Mayor and the City Clerk to execute the contract. DISCUSSION: At 11:00 A.M. on September 30, 1993 the City Clerk opened and read the following bids for this project: Bidder Low Gillespie Construction, Inc. 2 H.W.B. Construction 3 John T. Malloy and John T. Malloy, Inc 4 Jana Contracting Corporation 5 Mike Masanovich Const. Co. Inc. 6 Clarke Contracting Corporation 7 Southern Cal. Underground 8 Kennedy Pipeline Company 9 Matt J Zaich & Sons Inc. 10 Mladen Buntich Construction Co., Inc. 11 Excel Paving Company 12 Mike Prlich & Sons Total Bid Price * The corrected Total Bid Price is $384,750 $382,319 384,770* 396,525 423,295 427,410 438,407 445,245 447,515 465,320 473,490 514,564 573,695 The low bid is 41% below the Engineer's estimate of $400,000. The low bidder, Gillespie Construction, is a well - qualified general engineering contractor who has successfully completed previous contracts for the City. This project provides for replacing storm drains 1) at the Via Marina street end cul -de -sac and through a private property easement, 2) along Newport Hills Drive West at Port Wheeler Place, 3) along Harbor Island Drive, and 4) from de Sola Terrace through a private property easement. The contract also provides for constructing new storm drains in Harbor Island Road and at 2 locations in Kings Road (see attached sketch). (3V) Subject: Via Marint, Newport Hills Drive West kings Road, Harbor Island Drive, Harbor Island Road, and de Sola Terrace Storm Drains (C -2914) October 11, 1993 Page 2 The replacements are needed since the existing storm drains are deteriorated, defective, and /or insufficient in hydraulic capacity. The 2 new storm drains in Kings Road are required to intercept gutter flows, thus reducing the probability that gutter flows may overcrest onto and through private property. The new drain in Harbor Island Road will function in lieu of 2 deteriorated and insufficient -size drains that are located in inaccessible easements between homes. Inasmuch as the work is considered as replacement and reconstruction, the project is categorically exempt from the provisions of CEQA. A Notice of Exemption (NOE) has been prepared by staff and approved by the Environmental Coordinator. Upon affirmation by the City Council, the NOE will be filed with the County Clerk. Funds to award the contract are proposed from the following budget appropriations: Description Storm Drain Improvement Program Harbor Island Road Storm Drain Newport Hills Drive Storm Drain Kings Road Storm Drains Via Marina Storm Drain de Sola Terrace Storm Drain Bayside Drive Storm Drains Curb & Gutter Replacement Program Account No. Amount 7013 - 98301002 7013 - 98313067 7013 - 98313080 7013 - 98313081 7013 - 98313082 7013- 98313083 7013 - 98313088 7013 - 98301003 $75,056 50,000 44,700 77,000 26,000 32,000 60,000 17.563 $382,319 Plans, specifications and estimates for the project have been prepared by staff and by Consulting Engineer Robin B. Hamers & Associates, Inc. The contract requires completion of all work by January 31, 1994. All affected property owners and community associations have been apprised of the work. a � Benjamin B. Nolan Public Works Director LD:so Attachments • 0 • NEWPORT HILLS DRIVE WEST DE SOLR TERM V I A MAR Ma NEWORT HILLS DR `/E .''JEST 1KINSS ROAD HARBOR ISLAND DRIVE, EXHIBIT A REOR ISLAND ROAD DC SOLA TERRACE - =a' CITY CLERK NOTICE INVITING BIDS '`� E Sealed bids may be received at the office of the City Clerk, OCT ,3 3380 Newport Boulevard, P. 0. Box 1768, Newport Beach, Cfl 92659 -1768 C :Oi.--7:= until 11:00 a.m. on the 30th day of September , 1993, cc" "`" '�N'INC. at which time such bids shall be opened and read for Via Marina, Newport Hills Drive West, Kings Road, Harbor Island Drive, Harbor Island Road and De Sola Terrace Storm Drains Title of Project 2914 Contract No. $400,000 Engineer's Estimate Flpproved by the City Council this 13th day of September 1993. 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, 3300 Newport Boulevard, 1 P. 0. Box 1768, Newport Beach, Cfl 92659 -1768. For further information, call Stephen Luy at 644 -3311. Project Manager j 0 I • a PR 1.1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMEN PROPOSAL VIA MARINA, NEWPORT HILLS DRIVE WEST, KINGS ROAD, HARBOR ISLAND DRIVE, HARBOR ISLAND ROAD, AND DE SOLA TERRACE STORM DRAINS CONTRACT NO. 2914 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92659 -1768 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and do all work required to complete this Contract No. 2914 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 Five Thousand Dollars even un re wen y- ive and No Cents $ 45,725.00 Per Lump Sum 2. 1 Construct P.C.C. pipe Each anchor /outlet @ Nine Hundred Ninety Dollars and No Cents $ 990.00 $ 990.00 Per Each 3. 1 Construct P.C.C. pipe Each slope anchor @ Six Hundred Thirty Dollars and No Cents $ 630.00 $ 630.00 Per Each • PR 1.2 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 2 Construct P.C.C. pipe Each collar @ Five Hundred Twenty Dollars and No Cents Per Each 5. 230 Remove existing and construct Square Feet P.C.C. driveway @ Seven Dollars and No Cents Per Square Foot $ 520.00 $ 1,040.00 $ 7.00 $ 1,610.00 6. 7 Construct P.C.C. junction Each structure, No. 1 @ Twenty Two Hundred Dollars Fifteen and No Cents $ 2,215.00 $ 15,505.00 Per Each 7. 2 Construct P.C.C. junction Each structure, No. 2 @ Six Hundred Dollars and No Cents $ 600.00 $ 1,200.00 Per Each B. 5 Remove exist. and construct Each P.C.C. curb inlet @ Thirty -One Hundred Dollars and No Cents $ 3.115.00 $ 15,575.00 Per Each 9. 1 Remove exist. and construct Each P.C.C. curb inlet, L =3' @ Twenty Eight Hundred Dollars Eighty -Nine and No Cents $2.889.00 $ 2.889.00 Per Each PR 1.3 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 10. 1 Remove exist. and construct Each P.C.C. curb inlet, L =3.5' @ Two Thousand Fight Dollars Hundred Eight Nine and No Cents $ 2,289 -0 $ 2.289.00 Per Each 11. 2 Remove exist. and construct Each P.C.C. curb inlet, L =5' @ ThrPP Thousand OnP Dollars Hundred Fifteen and No Cents $ 1.115_no $ 59230.00 Per Each 12. 2 Remove exist. and construct Each P.C.C. curb inlet, L =6' @ Three Thousand One Dollars Hundre Mty and No Cents $ 3,150.D0 $ 6,300.00 Per Each 13. 1 Remove exist. and construct Each P.C.C. curb inlet, L =7' @ Three Thousand Three Dollars Hundred ix y Iwo and No Cents $ 3,362.00 $ 3,362.00 Per Each 14. 1 Remove exist. and construct Each P.C.C. drop inlet @ Twenty Seven Hundred Dollars en and No Cents $ 2,710.00 $ 2,710.00 Per Each 15. 1 Const. P.C.C. storm drain Each outlet structure @ Twenty Two Hundred Dollars and No Cents $ 2,200.00 $ 2,200.00 Per Each 9 PR 1.4 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 16. 15 Tons 17. 40 Linear Feet Install rock rip -rap channel lining @ Fifty Five Dollars and No Cents $ 55.00 $ 825.00 Per Ton Remove exist. storm drain and install 12 -inch storm drain with trench resurfacing @ Ninety Dollars and No Cents $ 90.00 $ 3.600.00 Per Linear Foot 18. 75 Install 15 -inch R.C.P. Linear Feet @ Sixty -Five Dollars and No Cents $ 65.00 $ 4.875.00 Per Linear Foot 19. 935 Install 18 -inch R.C.P. Linear Feet @ Sixty One Dollars and No Cents $ 61.00 $ 57.035.00 Per Linear Foot 20. 585 Install 27 -inch R.C.P. Linear Feet @ Seventy -Four Dollars and No Cents $ 74.00 $ 43.290.00 Per Linear Foot 21. 70 Install 66 -inch R.C.P. Linear Feet @ Four Hundred Ninety Dollars and No Cents $ 490.00 $ 34.300.00 Per Linear Foot PR 1.5 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 22. Break out manhole & construct Lump Sum 66" pipe collar @ Three Thousand Three Dollars Hundred en and No Cents $ 3,310.00 $ 3,310.00 Per Lump Sum 23. 15 Remove exist. storm drain and Linear Feet install 18 -inch A.C.P. (2000 -D) storm drain @ Eight Two Dollars and No Cents $ 82.00 $ 1,230.00 Per Linear Foot 24. 530 Remove exist. storm drain and Linear Feet install 18 -inch storm drain with trench resurfacing @ Sixty Seven Dollars and No Cents $ 67.00 $ 35,510.00 Per Linear Foot 25. 135 Install 18 -inch storm drain Linear Feet @ Two Hundred Two Dollars and No Cents $ 202.00 $ 27,270.00 Per Linear Foot 26. 100 Install 18" storm drain Linear Feet (3750 -D) with trench resurfacing @ One Hundred Dollars and No Cents $ 100.00 $ 10,000.00 Per Linear Foot 27. 45 Remove exist. storm drain and Linear Feet install 18 -inch high density polyethylene storm drain @ One Hundred Seven Dollars and No Cents $ 107.00$ 4,815.00 Per Linear Foot 0 r 0 PR 1.6 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 28. 100 Install 18 -inch high density Linear Feet polyethylene storm drain @ One Hundred Seven Dollars and No Cents $ 107.00 $ 10,700.00 Per Linear Foot 29. 1 Modify existing local Each depression @ Two Thousand One Dollars Hundred Seventy -Five and No Cents $ 2,175.00 $ 2,175.00 Per Lump Sum 30. 90 Construct transitional curb linear Feet and gutter @ Fifteen Dollars and No Cents $ 15.00 $ 1,350.00 Per Lineal Foot 31. 450 Remove existing and construct Square Feet P.C.C. cross gutter @ Eleven Dollars and No Cents $ 11.00 $ 4,950.00 Per Square Foot 32. 10 Remove existing and construct Linear Feet transitional curb and gutter @ Twenty Seven Dollars and No Cents $ 27.00 $ 270.00 Per Lineal Foot 33. 100 Remove existing and Construct Lineal Feet curb and gutter @ Twenty Four Dollars and No Cents $ 24.00 $ 2.400.00 Per Lineal Foot • • i PR 1.7 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL - NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 34. 260 Remove existing and construct Square Feet P.C.C. sidewalk @ Seven Dollars and No Cents $ 7.00 $ 1,820.00 Per Square Foot 35. Remove existing and construct Lump Sum P.C.C. steps at two locations @ Two Thousand Eight Dollars Hundred Seventy Five and No Cents $ 2,875.00 $ 2,875.00 Per Lump Sum 36. 12 Remove existing and install Tons A.C. patch back @ One Hundred Thirty Dollars Three and No Cents $ 133.00 $ 1,596.00 Per Ton 37. 18 Remove and reinstall existing Lineal Feet wood fence @ Forty One Dollars and No Cents $ 41.00$ 738.00 Per Lineal Foot 38. 1 Remove exist. and construct Each new P.C.C. headwall @ Ten Thousand Five Dollars Hundred Thirty and • No Cents $10,530.00 $ 10,530.00 Per Each 39. Remove existing and construct Lump Sum new channel @ Three Thousand Eight Dollars Hundred Fifty and No Cents $ 3,850.00 $ 3,850.00 Per Lump Sum • , PR 1.8 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 40. Regrade existing slope Lump Sum @ Sixteen Hundred Dollars wenty and No Cents $ 1,620.00 $ 1,620.00 Per Lump Sum 41. 3 Install new sprinkler Each irrigation boxes @ One Hundred Ten Dollars and No Cents $ 110.00 $ 330.00 Per Each 42. Protect or replace existing Lump Sum sprinkler system @ Sixteen Hundred Fifty Dollars and No Cents $ 1,650.00 $ 1,650.00 Per Lump Sum 43. Hydroseed existing hillside Lump Sum @ Five Hundred F-Ky Dollars and No Cents $ 550.00 $ 550.00 Per Lump Sum Three Hundred Eighty Two Thousand Three Hundred Dollars Nineteen and No Cents $382,319.00 TOTAL BID PRICE (WORDS) TOTAL BID PRICE (FIGURES) Bi.dGillespie Construction d�r 9/28/93 luth5�pofztsd Signature Tit re Date Floyd Bennett, Secretary /Treasurer 945 Ficrhpr R -3 Costa Mesa CA 92626 (714) 957 -0233 Bidder's Address Bidder's Telephone • INSTRUCTIONS TO BIDDERS 0 Page 2 The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: 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 0 • 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 co; authorized by the corporation. shall be of a general partner. shall be of the owner. Contractor's /License -No. & Gllj�sDie Bidder Date 5/91 signatures and titles of persons the bidder. For corporations, the -porate officer or an individual For partnerships, the signatures For sole ownership, the signature ;eu bignaLure /'riLle 0 0 Page 3 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. The Bidder, by signing this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Subcontract Work Subcontractor Address i. Concrete M.L. Reese P.O. Box 220, Bonsall 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. B�llespja Construction. Inc. Bidder sis1 }'t o e S na ure itle oy enne t, �9cre ary �reasurer . , • BOND NUMBER 47 -71 Page a KNOW ALL MEN BY THESE PRESENTS, That we, GILLESPIE CONSTRUCTION, INC. as bidder, and DEVELOPERS INSURANCE COMPANY , as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of TEN PERCENT OF THE AMOUNT OF BID Dollars ($10% of BID ),lawful money of the Un ted States for the payment of which sum well and truly to be made, we bihd ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATI6N IS SUCH, That if the proposal of the above bolhnden bidder for the construction of VIA MARINA, NEWPORT HILLS DRIVE WEST, KINGS ROAD, HARBOR ISLAND DRIVE, (Title of Project and Contract No.) in the City of Newport Beach, HARBOR is accepted by the City Council of said City, and if the above ISLAND ROAI bounden bidder shall duly enter into and e' iecute a contract for AND DE SOLI such construction and shall execute and deliver to said City the TERRACE "Payment" and "Faithful Performance" contract bonds described in STORM DRAID the Specifications within ten (10) days (no+ including Saturday, Sunday, and Federal holidays) after the date1of the mailing Notice of Award to the above bounden bidder by and�from said City, then this obligation shall become null and void;Iotherwise it shall be forfeited to the said City. In the event that any bidder above namedexecuted this bond as an individual, it is agreed that the death of;any such bidder shall not exonerate the Surety from its obligationunder this bond. IN WITNESS WHEREOF, we hereunto set ourhands and seals this 28th day of SEPTEMBER , 1993. GILLESPIE CONSTRUCTION, INC. Bidder (Attach Acknowled gment Of Attorney -In -Fact) Notary Public commission Expires: 5/91 T (CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of - .1<r1s iTl 0—IT—Z& County of. DATE '11 1 7 OF OFFICERAE.G.-4 per Nally appeared z not lrre°/ NAME(S) 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 OFFICIAL SEAL capacity(ies), and that by his /her /their MARGARET MARY FORD ignature(s) on the instrument the person(s), NOTARY PUBLIC- CALIFORNIA COMMISSION 6978374 r the entity upon behalf of which the ORANGE COUNTY rson(s) acted, executed the instrument. M Comm Fxp Nov 22, 1996 No. 5193 OPTIONAL SECTION � CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. 11 I IVIDUAL [C,QRPORATE jQFFICER($) .�,... T(TLE(Sj ' F] PARTNERS) LIMITED GENERAL [] ATTORNEY -IN -FACT TRUSTEE(S) �] GUARDIAN /CONSERVATOR OTHER: Y SIGNER IS REPRESENTING; WITNESS my hand and official seal. N OF E SON(S) OR ENTRY(IES) SIGNATURE OF NOTARY N OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this torn. NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 M Acknowledgment of Principal i�" Acknowledgment of Surety (Attorney -in -Fact) STATE OF CALIFORNIA County of JUVERSIDE se On SEPTEMBET 28, 1993 before me, (here insert name and title of the officer), personally appeared r a'cr ROSEMARY STANDLEY personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that halshe/they executed the same in his/ her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. WITNESS my han4Am4 official seal. (Seal) % v No. 5193 OPTIONAL SECTION � CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. 11 I IVIDUAL [C,QRPORATE jQFFICER($) .�,... T(TLE(Sj ' F] PARTNERS) LIMITED GENERAL [] ATTORNEY -IN -FACT TRUSTEE(S) �] GUARDIAN /CONSERVATOR OTHER: Y SIGNER IS REPRESENTING; WITNESS my hand and official seal. N OF E SON(S) OR ENTRY(IES) SIGNATURE OF NOTARY N OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this torn. NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 M Acknowledgment of Principal i�" Acknowledgment of Surety (Attorney -in -Fact) STATE OF CALIFORNIA County of JUVERSIDE se On SEPTEMBET 28, 1993 before me, (here insert name and title of the officer), personally appeared r a'cr ROSEMARY STANDLEY personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that halshe/they executed the same in his/ her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. WITNESS my han4Am4 official seal. (Seal) POWER OF ATTORNEY OF IN NITY COMPANY OF CALIFOR ANDMEVELOPERS INSURANCE COMMNY N2 161173 P.O. BOX 19725, IRVINE, CA 92713 • (714) 263 -3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March, 1996. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in red Ink. 4. This Power of Attorney should not be returned to the Attorney(s) -In -Fact, but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint ** *MICHAEL D.STONG * ** the true and lawful Attorney($) -In -Fact, to make, execute, deliver and acknowledge, for and on behalf of each of said corporations as sureties, bonds, undertakings and contracts of suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) In any single undertaking; giving and granting unto said Attorney(s)4n -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation; and all of the acts of said Attomay(s) -In -Fact, pursuant to these presents, are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship: Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of Installment paper, note guarantee bonds, bonds on financial institutions, lease bonds, insurance company qualifying bonds, self- insurers bonds, fidelity bonds or bail fonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24,1986: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby I% authorized to execute Powers of Attorney, qualifying the atiorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis- tant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certficate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shag be valid and binding upon the corporation when so affixed and In the future with respect to any bond, undertaking or contract of suretyship to which it Is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this tat day of April, 1993. INDEMNITY COMPANY OF CALIFORNIA By L 61 . ULA Da a F. Vincenti, Jr, AP AMY President o 0 i h`apP0441t i ATTEST / /Il ieeT i By Walter Crowell Secretary STATE OF CALIFORNIA) SS. COUNTYOFORANGE ) DEVELOPERS INSURANCE COMPANY By . (/ Dan F, Vincent!, Jr. 1NSUR President o �`ORFOR��Op ATTEST w YAR.2L By /�/ / /t/ Walter Crowell Secretary On April 1, 1993, before me, These Taafua, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, personally known tome (or provided tome on the basis of satisfactory evidence) to be the persan(s) whose name($) Is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same In his /her /their authorized mpacity(ies), and that by his/her /their signature($) on the Instrument the person(s), or the entity upon behalf Of which the persons) acted, executed the instrument. WITNESS my hand and official seal. 2 r--- OFFICUL SEAL Signature / " "c -} TIRESATAAFUA „� NOTARYI'1JBLIC- CAllFORWIA PRINCIPALOFFICE IN ORANGE COUNTY My Commission Ew Aug. 4, 1996 CERTIFICATE ee�ee4ee4eNeeeeeeeeee�eee4�4M The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains In full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this 28th day of SEPTEMBER 199_x_ . INDEMNITY COMPANY OF CALIFORNIA 1APAMy �O +eRP0e4r� i By Senl —Pi L.C. reesident 3 r�o1 +`avi ID -310 REV. 4/93 DEVELOPERS INSURANCE COMPANY 1NSUR h J+`ORPOR� fO e` YAx. Zf, p By L.G. Flebigef ° � . Senior Vice President roRR`�re CUSTOMER NAME & ADDRESS CITY OF NEWPORT BEACH 3300 Newport Blvd. Newport Beach, CA 92663 (714) 640 -2281 GILLESPIE CONSTRUCTION, INC. COMPLETED PROJECTS AS OF JUNE 30, 1993 CONTRACT JOB LOCATION AMOUNT STATE OF CALIFORNIA DEPT. OF PARKS AND RECREATION 2422 Arden Way, Ste. A -1 Sacramento, CA (916) 920 -6819 CITY OF ANAHEIM 200 S. Anaheim Blvd. Anaheim, CA (714) 999 -5126 LOS ALISOS WATER DISTRICT P.O. Box 699 E1 Toro, CA 92630 COUNTY OF LOS ANGELES, ROAD DEPARTMENT 1540 Alcazar Street Los Angeles, CA 90033 (213) 226 -8111 CITY OF SAN JUAN CAPISTRANO 32400 Paseo Delanto San Juan Capistrano, CA 92675 (714) 493 -1171 C -101 Old Newport Blvd. $ 90,000 C -128 Oasis Park & 5th St. Improvement $ 242,000 C -131 1983 -84 Storm Drain Improvement $ 218,000 C -194 Ticket Booth Const. $ 58,000 C -311 Hospital Road $ 275,157 Widening C -306 Backbay Trail $1,063,334 C -108 E1 Pescador State Park $ 63,000 C -112 Topanga State Park $ 14,400 C -108 Lakeview /LaPalma Storm C -109 Walnut Creek Sewer and Storm Drain $ 52,000 C -156 Patrick Henry Storm Drain $ 441,000 C -376 Vintage Lane Soundwall $ 120,458 C -110 Grading & Site Improvements $ 95,000 C -111 Rambla Pacifico '$ 36,555 C -115 Sunhollow Improvements $ 184,000 C -120 Alipaz & Del Obispo St. Improvements $ 93,000 C -302 Del Obispo St. Widening $ 209,000 C -328 Drainage Improvements $ 64,000 C -332 Del Obispo Storm Drain $ 234,000 1 of 8 pages C -322 Highland Ave. Widening $ 118,865 DANA STRAND BEACH CLUB 34001 Dana Strand Road C -133 Rock Slope Protection $ 260,000 Dana Point, CA 92632 GILLESPIE CONSTRUCTION, INC. (714) 496 -5735 COMPLETED PROJECTS CITY OF BREA AS OF JUNE 30, 1993 #1 Civic Center Circle C -146 Laurel Ave, Street CONTRACT CUSTOMER NAME & ADDRESS JOB LOCATION AMOUNT CITY OF LONG BEACH 146,000 (714) 990 -7600 C -152 Lambert Rd. Street 333 W. Ocean Blvd. C -135 Landscape Modification $ 148,000 Long Beach, CA 90802 C -136 Gabion Slope Repair $ 168,000 (213) 590 -6383 KNOTT'S BERRY FARM 8039 Beach Blvd. C -119 Various Grading & Buena Park, CA 90620 Improvements $ 734,000 (714) 738 -6845 C -121 Various Grading & - Improvements C -129 Various Grading & Improvements C -144 Storm Drain Improv. C -161 Parking Improvements C -185 Dolphin Park Improv. C -315 Landscape Maint. $ 45,591 Grading C -389 Grand Ave. Parking Lot $ 373;490 C -407 Spirit Lodge $ 210,000 CITY OF FULLERTON 303 W. Commonwealth C -122 Emery Park Phase III $ 64,000 Fullerton, CA 92632 C -123 Malvern -Brea Creek (714) 738 -6845 Tie -In $ 120,000 C -198 Drainage Improvements $ 97,000 C -304 Harbor Bastanchury $ 210,870 Road Widening C -308 Lions Park $ 94,048 Storm Drain C -309 Brea Blvd. Widening $ 68,657 C -319 Berkeley /Harbor Storm $ 106,694 Drain ' C -321 Bike Trail $ 55,536 C -322 Highland Ave. Widening $ 118,865 DANA STRAND BEACH CLUB 34001 Dana Strand Road C -133 Rock Slope Protection $ 260,000 Dana Point, CA 92632 (714) 496 -5735 CITY OF BREA #1 Civic Center Circle C -146 Laurel Ave, Street Brea, CA 92621 Improvements $ 146,000 (714) 990 -7600 C -152 Lambert Rd. Street Improvements $ 15,000 2 of 8 pages COUNTY OF ORANGE 400 Civic Center Drive C -148 Stonehill $ 316,120 Santa Ana, CA 92651 C -160 EMA Palm Ave. Street (714) 834 -3473 and Storm Drain $ 268,864 C -197 Stonehill Drainage Improvements $ 29,000 3 of 8 pages GILLESPIE CONSTRUCTION, INC. COMPLETED PROJECTS AS OF JUNE 30, 1993 CONTRACT CUSTOMER NAME & ADDRESS JOB LOCATION AMOUNT C -172 Firestation # 3 $ 330,000 C -176 Sewer Relocation $ 44,640 CITY OF INDUSTRY 15651 E. Stafford Street C -403 Commuter Rail Station $1,435,000 City of Industry, CA 91744 Parking Lot Improvements (Grading & Storm Drain Imp.) THE IRVINE COMPANY 550 Newport Center Dr. C -139 Big Canyon Grading $ 120,000 Newport Beach, CA 92660 C -141 Entryway Improvements $ 165,000 (714) 720 -2000 C -145 Grading & Improvements $ 600,000 C -147 Site Improvements $ 480,000 C -149 Back Bay Erosion Control$ 120,000 C -157 Flagstone Park $ 143,693 C -158 Big Canyon Landscape $ 700,000 C -310 Mac Arthur Blvd. $ 552,411 Widening C -178 Center Dr. Realignment $ 135,000 C -179 Monroe Street Improv. $ 91,000 C -182 R.C. Box Structure $ 56,242 C -187 Jamboree Road Widening $ 458,479 C -189 Big Canyon Slope Repair $ 66,000 C -190 Post Office Parking Lot $ 158,214 C -317 Sewer Cleanout $ 4,300 C -163 Back Bay Sewer $ 45,000 C -174 Los Trancos Parking Lot $ 140,000 C -333 Peters Canyon Grading $ 382,000 C -338 Jamboree Rd. Widening $ 566,000 C -360 Pelican Hill Syphon $ 414,000 C -361 Pelican Hill Road $ 35,000 C -378 Rock Shelter $ 27,729 C -392 Newport Coast "$ 28,808 C -397 Pelican Hills Golf $ 126,687 Course COUNTY OF ORANGE 400 Civic Center Drive C -148 Stonehill $ 316,120 Santa Ana, CA 92651 C -160 EMA Palm Ave. Street (714) 834 -3473 and Storm Drain $ 268,864 C -197 Stonehill Drainage Improvements $ 29,000 3 of 8 pages CUSTOMER NAME & ADDRESS CITY OF LAGUNA BEACH 505 Forest Avenue Laguna Beach, CA 92651 (714) 497 -3311 GILLESPIE CONSTRUCTION, INC. COMPLETED PROJECTS AS OF JUNE 30, 1993 CONTRACT JOB LOCATION AMOUNT C -155 Heisler Park Slope $ 230,000 Reconstruction C -370 Wastewater Pump Station $ 239,418 Improvements UNION OIL & GAS DIVISION Western Region C -177 Kraemer Access Road 9645 S. Santa Fe Springs Santa Fe Springs, CA 90670 CITY OF COSTA MESA 77 Fair Drive Costa Mesa, CA 92626 (714) 754 -5291 COTO DE CAZA DEVELOPMENT P.O. Box 438 Trabuco Canyon, CA 92678 (714) 858 -0241 REGENTS OF THE UNIVERSITY OF CALIFORNIA AT IRVINE Irvine, CA 92717 (714) 856 -6512 CITY OF TUSTIN 300 Centennial Way Tustin, CA 92680 (714) 544 -8890 REAL ESTATE DEVELOPMENT 18302 Irvine Blvd. Ste., # 360 Tustin, CA 92680 (714) 544 -2234 C -196 Arlington Drive Storm Drain and Street Improvements C -316 Fire Station C -169 Gabion Drop Structures C -180 Rip Rap Slope Protection C -181 Storm Drain Improv. C -184 Gabion Slope Repair C -186 Gabion Slope Repair C -188 Low Flow Crossing II C -192 Corrective Work C -199 UCI Parking Lot No. C -303 UCI Parking Lot No. C -313 Lot 6 & 80 Modifications C -318 Unit 5 Site Grading C -384 UCI Grading, Storm Drain $ 67,500 $ 185,000 $ 325,179 $ 630,000 $ 260,062 $ 159,693 $ 16,285 $ 140,513 $ 39,606 $ 240,642 14 $ 145,000 18C $ 110,000 $ 118,963 -$ 252,567 $ 258,312 C -195 Bell Avenue Storm Drain $ 96,673 C -183 Grading -Tract 11356, Lot 6 $ 29,758 C -303 Point Del Mar $ 70,000 4 of 8 pages 5 of 8 pages GILLESPIE CONSTRUCTION, INC. COMPLETED PROJECTS AS OF JUNE 30, 1993 CONTRACT CUSTOMER NAME & ADDRESS JOB LOCATION AMOUNT CITY OF ORANGE C -305 Tustin St. $ 216,620 300 E. Chapman Ave. Street Improvements Orange, CA 92666 TRI -STAR CONSTRUCTION C -314 Luau Area and $ 116,591 Gold Rush Camp RESEARCH ENTERPRISES C -323 Research Enterprises $ 2,500 CITY OF GARDEN GROVE C -320 Street, Storm Drain • Improvements $ 190,052 LAIDLAW GAS RECOVERY SYSTEMS C -324 Grading Improvements $ 449,532 39899 BALENTINE DR., STE 275 C -329 Sewer & Water $ 857,000 NEWARK, CA 94560 C -334 Methane Gas Header $ 238,000 (415) 656 -8327 C -336 Landscaping $ 71,000 C -346 Re- alignemnt of Sewer, $ 161,189 Water & Gas Line C -352 Pump Station $ 95,083 C -391 $ 44,805 STANDARD PACIFIC C -327 Bike Way Drains $ 13,500 1565 W. MAC ARTHUR BLVD. C -349 Retaining Wall $ 122,699 COSTA MESA, CA 92626 (714) 546 -1161 HON DEVELOPMENT C -335 Storm Drain, Stairway $ 755,420 25200 LA PAZ RD., ,#210 LAGUNA HILLS, CA 92653 (714) 586 -4400 PULTE HOME CORPORATION C -337 Grading & Storm 270 NEWPORT CENTER DR. Drain Improvements •$1,110,298 NEWPORT BEACH, CA 92660 C -345 Retaining Wall $ 33,731 (714) 721 -0622 LAGUNA BEACH COUNTY C -339 Grading & Storm $ 392,000 WATER DISTRICT Drain Improvements 306 3RD STREET LAGUNA BEACH, CA (714) 494 -1041 ORANGE COUNTY EMA C -340 Aliso Beach Front $ 297,203 PUBLIC WORKS DEPT Improvements P.O. BOX 4048 C -344 OCEMA (Pelican Hill) 484,785 SANTA ANA, CA 92702 -4048 C -347 Bee Canyon Landfill 165,992 5 of 8 pages CUSTOMER NAME & ADDRESS WESTERN INDUSTRIAL 3325 PICO BLVD GILLESPIE CONSTRUCTION, INC. COMPLETED PROJECTS AS OF JUNE 30, 1993 FERGUSON PARTNERS 4199 CAMPUS DRIVE, '#1000 IRVINE, CA 92715 LOS ALISOS WATER DISTRICT 22312 MUIRLANDS BLVD EL TORO, CA 92630 AMERICAN GOLF CORPORATION 1633 26th Street Santa Monica, CA 90404 CARLSON LANDSCAPING 9050 Blackbird Ave. Fountain Valley, CA 92708 THE BREN COMPANY 5 Civic Plaza, Ste. 100 Newport Beach, CA 92660 CITY OF WHITTIER 13230 Er Penn Street Whittier, CA CALTRANS DEPT. OF TRANSP. 1120 "N" Street Room 39 Sacramento, CA 95814 JOB LOCATION CONTRACT AMOUNT C -351 Portola Parkway Storm 113,000 Drain C -359 Santiago Canyon 507,089 Landfill C -342 Raymer Avenue Street $ 136,008 Improvements Fullerton Same As Above C -343 Rough Grading $ 817,434 C -348 E1 Toro Golf Course $ 235,461 C -355 Cherry Ave. /Jeromino $ 228,629 Street Improvements C -362 Rancho San Joaquin $ 18,182 Storm Drain C -350 County of Orange $ 54,045 C -354 Pelican Hill Pump $ 621,945 Station C -353 Savage Canyon Landfill $1,224,745 C -374 Savage Canyon Landfill ,$ 170,720 C -375 Gas Distribution Wells $ 36,362 15, 17 & 18 C -393 Savage Canyon Landfill $ 117,161 C -356 Norco Housing $1,129,326 COUNTY OF ORANGE -EMA C -367 Missions Planned $ 42,604 P.O. Box 4048 Community Road Closures Santa Ana, CA 92702 -4048 6 of 8 pages 0 GILLESPIE CONSTRUCTION, INC. COMPLETED PROJECTS AS OF JUNE 30, 1993 CUSTOMER NAME & ADDRESS JOB LOCATION LAKE ELSINORE UNIFIED C -369 Temescal Canyon High SCHOOL DISTRICT School 545 Chaney Street Lake Elsinore, CA 92330 LOS ANGELES COUNTY DEPT. OF PUBLIC -WORKS 900 S. Fremont Ave. Alhambra, CA 91803 RANCHO SANTIAGO COMMUNITY COLLEGE 17th Street at Bristol Santa Ana, CA 92706 ORANGE COUNTY WATER DIST. 10500 Ellis Avenue Fountain Valley, CA 92708 C -371 Eaton Wash Spreading Grounds C -373 Schabarum Regional Park C -398 San Dimas Reservoir C -372 Parking Improvements C -380 Santiago Basin Revegetation C -402 Alamitos Barrrier Injection Well RANCHO SANTA MARGARITA C -381 Antonio Parkway 30211 Avenida de Las Banderas Ste. 200 Rancho Santa Margarita, CA 92688 EASTERN MUNICIPAL WATER C -382 Grant Ave. and Corwin DISTRICT Pumping Plants CONTRACT AMOUNT $ 309,223 $ 893,734 $ 790,116 $ 784,106 $1,606,214 $ 178,080 $ 140,650 $ 166,196 $ 853,138 CITY OF HUNTINGTON BEACH C -383 Huntington Lake $ 305,555 Public`Works Department Storm Drain 2000 Main Street Huntington Beach, CA 92648 CALVARY CHAPEL C -377 Green Valley Tank Site $ 104,089 3800 S. Fairview Road Santa Ana, CA CITY OF COVINA C -396 5,000 Gallon Reservoir $ 534,378 and Pumps CITY OF DANA POINT C -385 Street Widening - $1,058,171 33282 Golden Lantern Stonehill & Selva Dana Point, CA 7 of 8 pages CUSTOMER NAME & ADDRESS THREE VALLEYS MUNICIPAL WATER DISTIRCT 3300 Padua Avenue Claremont, CA 91711 IRVINE RANCH WATER DISTRICT CITY OF YORBA LINDA P.O. Box 7487 Yorba Linda, CA 92686 GILLESPIE CONSTRUCTION, INC. COMPLETED PROJECTS AS OF JUNE 30, 1993 JOB LOCATION C -386 Miramar Reservoir C °387 Pump Station C -390 Street /Storm Drain C -404 Remove & Replace AC 8 of 8 pages CONTRACT. AMOUNT $1,587,000 $ 575,795 $ 111,896 $ 153,885 • �. Page 5 NON- COLLUSION AFFIDAVIT State of California ) ss. County of�P ) 1`10(4 d 27- bea'g first dul sworn, depo es and say hat he or she Is rf1Z41Ea9Zffr of .2!' the party making the foregoi bid; that the Did as not made in t e �n 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. 611so�� 1.0 Bidder 7 Autk ize Signature Title i7a�c d /�enne�f ccS--eCie�c����� Sub ?.Scribed and sworn to before me this a&A day of JC' 19�. —� [SEAL] No Public My mmission Expires: 5/91 UALIFVKNIA ALL VIUINVVSC AGRNVWLCUYMCN 1 _ No. 5193 State of A x non OPTIONAL SECTION � CAPACITY CLAIMED BY SIGNER County of Though e data below, not require me � to fill in the data below, doing so may prove On ga before me,m re Persons raying on the doament DATE MAW TITLE OF OFFICER - E. O.. -JANE DOE, KM uet.r • IN JVIDUAL personally appeared / NA E(S) OF SIGNER(S) NJ 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 apacity(ies), and that by his /her /their NorN � ignature(s) on the instrument the person(s), COMMISSION r the entity upon behalf of which the 30 ORANGE COUNTY erson(s) acted, executed the instrument. Ej PARTNER(S) O LIMITED ❑ GENERAL ATTORNEY -IN -FACT TRUSTEE(S) E] GUARDIANICONSERVATOR OTHER: MY CMa Exp. Nw. 2Z IM SIGNER IS REPRESENTING: �ITJNESS my hand and official seal. NAME F I R ON )ORENifiY((6S) SIGNATURE OF NOTARY OPTIONAL SECTION r THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED • Page 6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year For Whom Person Telephone Completed Performed (Detail) To Contact Number Please see attached job list Gillespie Construction, Inc. Bidder 5/91 fTth Title oy ennett, Secretary /Treasurer % , • Page 7 NOTICE TO SUCCESSFUL BIDDER 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. 5/91 t 0 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, that • Page 8 BOND NUMBER 144788P PREMIUM INCLUDED EXECUTED IN TRIPLICATE WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted October 11, 1993 has awarded to GILLESPIE CONSTRUCTION, INC. hereinafter designated as the "Principal ". a contract for Via Marina. Newport Hills Dr. Harbor Ts. Dr. rm Drains (Contract No. 2914 in the Ci y of Newport Beach, in strict conformity with the awir 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; WHEREAS, said Principal has executed or is about to execute Contract No. C -2914 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We, GILLESPIE CONSTRUCTION, INC. as Principal, and DEVELOPERS INSURANCE_ COMPANY as the sum of THREE HUNDRED EIGHTY TWO THOUSAND 90 aY ( 3382,319.00 N0- said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the contract; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his /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 due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. 5/91 i » . • • Page 8A 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 terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 13th day of 5 OCTOBER , 1993. Gillespie Construction, INC. Name of Contractor (Principal) DEVELOPERS INSURANCE COMPANY ' Name of Surety 1425 W. FOOTHILL BLVD., STE. 120 ' UPLAND, CA 91786 Address of Surety Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY XUBT HE ATTACHED 5/91 urer ALL - PURPOSE ACKNOWLEDGMENT State o l County of Ji On /0 before me, ������G��� i DATE NA E IJTLE OF OFFICER E.G., " DOE, NOTARY PUBLIC" per nallyappeared NAME(S) OF SIGNER($) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her/their Signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. _ __..,.,kTNESS my hand and official seal. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: TITLE OR TYPE OF DOCUMENT No. 5193 OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documenl. ❑ INDIVIDUAL ae RPORATE OFFICER(S) TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NgMq OF PF9§RN(S) OR ENTITY(IES) r NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 9236 Remmat A".. P.O. Box 7184 • Canoga Park, CA 91309 -7194 Acknowledgment of Principal a ROSEMARY STANDLEY• CO M SSM 71967459 x r� Nafs?v POk • Cd mn a r'71 Acknowledgment of Surety (Attorney -in -Fact) _ RWRS+oE COUNT • • JUNE 7. lass STATE OF CALIFORNIA County of RIVERSiOE as OCT 1 9 19M ROSE MARY STANQD s On before me, (here insert name and title of the officer), personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ her /their authorized eapacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and oftial seal. S 0 Page 9 FAITHFUL PERFORMANCE BOND BOND NUMBER 144788P PREMIUM $6,735.00 KNOW ALL MEN BY THESE PRESENTS, That EXECUTED IN TRIPLICATE WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted October 11, 1993 has awarded to GILLESPIE CONSTRUCTION, INC. hereinafter designated as the "Principal ", a contract for Via Marina, Ne ort Hilis Dr. W. Kin VT Newport r Is. Dr. etc. Storm Drains (Contract No. 29 ) in the C1 y of Newport Beach, in strict conformity with the Contract, Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach, all of which are incorporated herein by this reference; WHEREAS, Principal has executed or is about to execute Contract No. C -2914 and the terms thereof require the furnishing of a bond for the faithful performance of the Contract; NOW, THEREFORE, we, GILLESPIE CONSTRUCTION, INC. as Principal, and DEVELOPERS INSURANCE COMPANY t�vtL DN Be6gau� i1 as the Ssum tofTHREE HUNDRED 1EIGHTY-TWO THOUSAND THREE Uo�rsYW�l.r3i O /1 said sum being equal to 100% of the estimated amount of the contract, to be paid to the City or its certain attorney, its successors, and assigns; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well keep truly and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, and shall indemnify 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 costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, in the event it is required by bringing any action in law or equity to enforce the obligations of this Bond. 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 I I ' Page 9A I . 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 shall be extended and maintained by the Principal in full force and effect for six (6) months following the date of formal acceptance of the Project by the City. In the event that the principal executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 13th day of OCTOBER , 1993 . i f r N Gillespie Construction, Inc. Name of Contractor (Principal) DEVELOPERS INSURANCE COMPANY Name of Surety 1425 W. FOOTHILL BLVD., STE. 120 UPLAND, CA 91786 Address of Surety NOTARY 5/91 OF CONTRACTOR AND SURETY NUST BE ATTACHED purer Acknowledgment of Principal - ROSEMARY STANDLEY• CCMMasm M7459 = ,• ey NOW O,Aft - C010Mla Acknowledgment of Surety (Attorneyin•Fact) x , RWERSM COUNTY c LN Cmnrveden Expip STATE OF CALIFORNIA County of RIVERSIDE JOB On UCT 1 S 19M before me, ROSEMARY STANDLEY (here insert name and title of the officer), personally appeared MICHAEL D. S QWa personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hill her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. P/TTNESS my hand and official seal. Sienature (Seal) VALorVnnzA ALL.- vwnr%#*c A6nPwwLCYYmen 1 No. 5193 State of County of p? OnZ67 �� — 3- before me, �Q�e�/ «TU DATE NA , ITLE OF FIFICER - E.G., -(n.VDOE, NOTARY PUBLIC' per onally appeared , NAME(S) OF SIGNER( I N} personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their sigpature(s) on the instrument the person(s), 9 FIcIALSEaL or,Ohe entity upon behalf of which the P.9Y rryl'U o;P' R :at r + Ir +• person(s) acted, executed the instrument. a�- �„.�7i 1HV ^GE rJOUra ry THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: my hand and official seal. SIGNATURE OF OPTIONAL S TITLE OR TYPE OF fffff� OPTIONAL SECTION fffffff� CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ❑ INDIVIDUAL [-G RPORATE OFFICER(S) TITLE(S) PARTNER(S) [] LIMITED ❑ GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAfrAEJOF PER q") OR ENTITYIIES NUMBER OF PAGES DATE OF DOCUMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 6236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 POWER OF ATTORNEY OF DAMNITY COMPANY OF CALIFOA AND DEVELOPERS INSURANCE COMPANY N2 161190 P.O. BOX 19725, IRVINE, CA 92713 s (714) 263 -3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March, 1996. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable, the text Is in brown ink, the signatures are in blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney(s) -In -Fact, but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint ** *MICHAEL D. STONG * ** the true and lawful Attorney(s) -In -Fact, to make, execute, deliver and acknowledge, for and on behalf of each of said corporations as sureties, bonds, undertakings and contracts of suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) in any single undertaking; giving and granting unto said Attorney(s) -In -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation; and all of the acts of said Attorneys) -In -Fact, pursuant to these presents, are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship: Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of Installment paper, note guarantee bonds, bonds on financial Institutions, lease bonds, insurance company qualifying bonds, self- insurer's bonds, fidelity bonds or bail bonds. This Power of Attorney Is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24,1986: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the atorney(s) named In the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis- tant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers 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 shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 1st day of April, 1993. INDEMNITY COMPANY OF CALIFORNIA By L51 . V.iU�i r Da a F. Vincenti, Jr. President ATTEST By Walter Crowell Secretary STATE OF CALIFORNIA) I SS. COUNTY OF ORANGE I DEVELOPERS INSURANCE COMPANY By L mp" o pP AMY Dan F. Vincenti, Jr. e4epPOR4j� n Presitlent o>; 019gi ATTEST r By Walter Crowell Secretary On April 1, 1993, before me, Tiress Taafua, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, personally known to me (or provided to me On the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed t0 the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and offfciaf seal. Signature " _S_ 4� OFFICIAL SEAL TIRESA TAAFLIA NOTARY PUBLIC - CAUFORMA • �� PRINCIPAL OFFICE IN ORANGE COUNTY My Comnssian Exp. Aug. 4. 1995 1 CERTIFICATE• +�MM��ii The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this 13 th day of OCTOBER 199 3 INDEMNITY COMPANY OF CALIFORNIA NP ANy ry,/ r � A ^e`aAPOR4 ^�O Y - I�—� ° Fietilger . Senior ce President i�T IrOA *�a ?D ID310 REV. 4/99 DEVELOPERS INSURANCE COMPANY By 5 tNSUq� L.C. Fiebiger Iera a° Senior Vice President Page 10 CYERTIFICA ET,4 F PRODUCER COMPANIES AFFORDING COVERAGE BRYAN D. SELTZER INS. SERVICE COMER Y A Cigna Property &Casualty Ins. Co. 2922 E. CHAPMAN AVE. STE. 107 ORANGE, CALIF. 92669 COMPANY B LETTER Fremont Insurance INSURED GILLESPIE CONSTRUCTION, INC. COMPANY C 245 Fischer Ave. Ste #3-3 Costa Mesa, Calif: 92626 LETTER tCOVERAGES ='.,' y'".ikSSY„(JS N '.,: * *'..s.+. '' `rr.,l`�x;,'°, < THIS IS TO CERTIFY THAT POUCIES'OFfi WSUHANC�LI3TED'BEL01N HAVE BEEN ISSUED TO THAN INSURED MAMED ABOVE FOR 11iE` POLICY PERIOD���' INOICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS. AND CONDITIONS OF SUCH POLICIES AND IS NOT AMENDED, EXTENDED OR ALTERED BY THIS CERTIFICATE CO LT TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE ALL LIMITS IN THOUSANDS A GENERAL LIABILITY MFCD498228 10-21-9 10-21— Q ENERAL AGGREGATE $ (OCCURANCE BASIS ONLY) COMMERCIAL PRODUCTSICOMPLETED $ COMPREHENSIVE OPERATIONS AGGREGATE OWNERS 6 CONTRACTORS PROTECTIVE PERSONAL INJURY $ ® CONTRACTUAL FOR SPECIFIC CONTRACT MV PROOUCTS /COMPL OPER XCU HAZARDS EACH OCCURANCE $ 1,000 BROAD FORM PROP. DAMAGE SEVERABIUTY OF INTEREST FIRE DAMAGE $ CLAUSE (ANY ONE FIRE) © PERSONAL INJURY WITH EMPLOYEE EXCLUSION MEDICAL EXPENSES $ REMOVED (ANY ONE PERSON) MARINE AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1 1T' A COMPREHENSIVE ,000 �, ;•, FCD 498228 0 -21 -93 10 -21 -9 BODILYINJUIx $ OVRJED (PER PERSON) xl `fs TI HIRED BODILYINJURY (PER ACCIDENT) 4'I X] NON-OWNED PROPERTY' DAMAGE EXCESS LIABILITY �Yk z, ry EACH AGGREGATE UMBRELLA FORM € s OCCURRENCE OTHER THAN UMBRELLA FORM $ S sraruTOaY `.; 3 B WORKERS' COMPENSATION P9356844901 9 -1 -93 9 -1 -94 $ 1,000 EACH ACCIDENT AND $ 1 nnn DISEASE- POLICY LIMIT EMPLOYERS' LIABILITY S 1 ono DISEASE • EACH EMPLOYEE LONGSHOREMEN'S ANDHARBOR "I.v"js#' WORKERS' COMPENSATION STATUTORY',`1) DESCRIPTION OF OPERATIO NS/ LOCATIONSNMCLESJRESTAICTIONWSPECIAL ITEMS: ALL OPERATIONS PERFORMED FOR THE CITY OF NEWPORT BEACH BY OR ON BEHALF OF THE NAMED INSURED IN CONNECTION WITH THE FOLLOWING CONTRACT: VIA MARINA, NEWPORT HILLS DRIVE WEST, KINGS ROAD, HARBOR ISLAND DRIVE HARBOR ISLAND ROAD, AND DE SOLA TERRACE STORM DRAINS, C -2914 PROJECT TITLE AND CONTRACT NUMBER CERTIFICATE HOLDER ; CANCELLATION , SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON-RENEWED. CITY OF NEWPORT BEACH CANCELLED OR COVERAGE REDUCED BEFORE THE EXPIRATION DATE THE P.O. BOX 1768 COMPANY AFFORDING COVERAGE SHALL PROVIDE JO DAYS MIN. ADVANCE 3300 NEWPORT BLVD. NOTICE TO THE CITY OF NEWPORT BEACH BY REGISTERED MAIL NEWPORT BEACH, CA. 92659 -1768 ATTENTIO ' 10 -26 -93 AVFHORLZED REPRES ATN ISSUE DATE OCT -26 -93 TUE 10:17 It 1. 3 4. M N B PUBLIC WORKS 7146443310 P.03 Page 11 agreed that: With respect to such insurance as is afforded by the policy for General Liability, the City of Newport Beach, its officers and employees are additional insureds, but only with respect to liability arising out of operations performed by or on behalf of the named insureds in connection with the contract designated below or acts and omissions of the additional insureds in connection with its general supervision of such operations. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 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. 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 i of this endorsement shall be the limits indicated below written on an "occurrence" basis: ( ) Commercial (X) Comprehensive General Liability $ 1,000,000 each occurrence 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). i OCT -26 TUE 10:19 N B PUBLIC WORKS 193 6. 7. 7146443319 P.04 • 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. 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 Works Department. Designated Contract Via Marina, Newport Hills Dr W Etc. Storm Drains Project Title and contract No. C -2914 i endorsement is effective 10 -21 -93 at 12:01 a.m. forms a part of Policy No. MPCDA 8228 Of CIGNA PROPERTY & CASUALTY INS. CO. :pany Affording Coverage). I4red:GILLESPIE CONSTRUCTION_ TNr- COMPANY 5/91 Endorsement Not 1 I I i I i OCT -26 -93 TUE 10:19 N B PUBLIC WORKS 2. 3. • 7146443310 • 1111ENTIMMO-r M-34 It IN 1110q agreed that: P.05 Page 12 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. 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 4ith - respect to the limits of liability of the company affording coverage." 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 $ ( )4 Combined Single Limit Bodily Injury Liability 6 Property Damage Liability $ 1,000,000 r.Thw= 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. 7 It 1. 2. 3. • 7146443310 • 1111ENTIMMO-r M-34 It IN 1110q agreed that: P.05 Page 12 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. 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 4ith - respect to the limits of liability of the company affording coverage." 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 $ ( )4 Combined Single Limit Bodily Injury Liability 6 Property Damage Liability $ 1,000,000 r.Thw= 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. 7 OCT -26 93 TUE 10:20 N B PUBLIC NORKS I • 4. 5. I 7146443310 • P.06 Page 12A 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 Works Department. Designated Contract: HARBOR ISLAND DR. , HARBOR ISLAND ROAD STORM DRAINS Project T tle and Contract No. C2914 i endorsement is effective 10 -21 -93 at 12:01 a.m. forma a part of Policy No. MFCD498228 of CIGNA PRnPRRTV & CASITATTV INS. CO. ipany Affording Coverage). GILLESPIE CONSTRUCTION, INC. COMPANY MT-T-1174-4m m- Endorsement No.: 2 E nI TUE 10:20 H B PUBLIC WORKS • 7146443310 16 ORKERS! COMPENSATION INSIIRANCE —CMT P.07 Page 13 aware of the provisions of Section 3700 of the Labor Code require every employer to be insured against liability for so compensation or to undertake self - insurance in accordance :he provisions of that code, and I will comply with such ions before commencing the pezformance of the work of this Ran* or-contractor (Pr nc pal) C - umbe 7 Lr _ T Number Auu— ��iio'�f��aeecdl— �signature and T tle Via Marina, Newport Hills Dr., W., Kings Road, Harbor Island Drive, Harbor Island Rd., etc. Strom Drains Title of Project n U CONTRACT 0 Page 14 THIS AGREEMENT, entered into this � day of , 19L' by and between the CITY OF NEWPORT BEACH, here after "City," and Gillespie Construction , hereinafter "Contractor," is made with reference to the following facts: A. City has heretofore advertised for bids for the following described public work: Via Marina, Newport Hills Drive W. Kings Road, Harbor Island Drive, Storm Drains C -2914 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: Via Marina, Newport Hills Drive.W. Kings Road, Harbor Island Drive. Storm Drains r -9914 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 Three Hundred Eighty Two Thousand, Three Hun- dred Nineteen Dollars & no /100 This compensation 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. 5/91 ------------------- 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) (b) (c) (d) (e) (f) (g) (h) Notice Inviting Bids Instructions to Bidders and therein Payment Bond Faithful Performance Bond Certificate of Insurance and Plans and Special Provisions Harbor Isd. Dr. Storm Drains Title of Project This Contract documents referenced Endorsement(s) for Via Marina, Newport Hills Dr. Contract No. 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. ATTEST: 5/91 CITY OF NEWPORT BEACH A MuniCipal Corporation Gillespie Construction, Inc. Name of Contractor Au -ized Signature and Title Floyd Bennett, Secretary /Treasurer T J ACKNOWLEDGMENT `1State of l ( ounty of m . On� -� before me, �I 'dJ%Z Q/ DATE NAM TITLE OF OFFICER - E.G., A DOE, NOTARY PUBLIC- per nally appeared c_ f NAME(S) OF SIGNERS) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized OFFICIAL SEA capacity(ies), and that by his /her /their MARGARET MARY FO;4o signature(s) on the instrument the person(s), TAWPssonlCAL?rc" or the entity upon behalf of which the ORANGE WW; • : person(s) acted, executed the instrument. WITNESS my hand and official seal. THIS CERTIFICATE MUST BE ATTACHED TO %THE DOCUMENT DESCRIBED AT RIGHT: 'hough the data requested here is not required by law, it could prevent fraudulent reattachment of this forth. TITLE OR TYPE OF DOCUMENT No. 5193 OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. INDIV UAL CORPORATE OFFICER(S) TITLE(S) PARTNER($) [3 LIMITED GENERAL ATTORNEYAN -FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER: SIGNER NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED OR 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7194 • Canoga Park, CA 91309 -7184 • BY 1 Ht C: CITY OF NEVv. . WP 1 3 R93 September 13, 1993 CITY COUNCIL AGENDA ITEM NO. 11 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: VIA MARINA, NEWPORT HILLS DRIVE WEST, KINGS ROAD, HARBOR ISLAND DRIVE, HARBOR ISLAND ROAD, AND DE SOLA TERRACE STORM DRAINS (C -2914) RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Authorize the City Clerk to advertise for 4446s -- —be di, ®rr-setsteartber 30, 1993. This contract provides for replacing storm drains 1) at • the Via Marina street end cul -de -sac and through an easement across private property, 2) along Newport Hills Drive West at Port Wheeler Place, 3) along Harbor Island Drive, and 4) from de Sola Terrace through an easement across private property. The contract also provides for constructing new storm drains in Harbor Island Road and at two locations in Kings Road (see attached sketch). • The replacements are needed since the existing storm drains are deteriorated, defective, and /or insufficient in hydraulic capacity. The two new storm drains in Kings Road are required to intercept gutter flows, thus reducing the possibility that gutter flows may overcrest onto and through private property. The new drain in Harbor Island Road will function in lieu of two deteriorated and insufficient -size drains that are located in inaccessible easements between homes. The Engineer's estimate is $400,000. Sufficient funds to award this amount are available in related budget appropriations. Plans, specifications and estimates for the project have been prepared by staff and by consulting engineer Robin B. Hamers & Associates, Inc. The contract requires completion of all work by January 31, 1994. al� �__ J a Benjamin B. Nolan Public Works Director LD:so (.361) '^ AGMs M. CITY OF COST" MESA VICTORIB _ W S YIR HARIHR A/90 \\ , KINGS RORD HARBOR ISLRND DRIVE i HRRBOR ISLRND RORD INOICRTES PROJECT LOCRTIONS BAY BAY — v�� A CITY rg9rs s OF r rq IRVINE 4 1 o I Ty RqGE IR06� :SM 1 U.C.I NBMT HILLS DRIVE NEST a MARINA, NEWORT HILLS DRIVE ';'ES KINGS ROAD HARBOR ISLAND DRIVE, � HARBOR ISLAND ROAD, DE SOLA TERRACE 9 SOLR I Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California. Number A -6214, September 29, 1961, and A -24831 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. 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 NEWPORT BEACH -COSTA MESA 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: September 18, 22, 1993 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on Septeuber 22 , 1993 at Costa Mesa, California. i Signature 0 PUBLIC NOTICE INVITING BIDS Sealed bids may be Wed at the office of ly Clerk, 3300 Newl ndevard, P. O. Box ii moon Beach. CA 92f Approved by the. City 7oundl this 131h day of leptember, 1993... Wanda E. 'Reggio, Prospective bidders may obtain one set of bid docu- ments at no cost at the of- fice of the Public Works Department, 3300 Newport, Boulevard, P. O. Box 1768,; Newport Beach, CA 92659 -'I 1768. Fur further information, call Stephen Luy, at 644-'; 3311. Published Newport' Beach -Costa Mesa Daily. PAcd Septambe, 19, 22,J 1993'. Sa014