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HomeMy WebLinkAboutC-2915 - Newport Island Street and Alley ReplacementApril 7, 1994 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 (714) 644 -3005 Griffith Company 2020 Yale Street Santa Ana, CA 92704 Subject: Surety: Reliance Insurance Company Bond No. B1926463 Contract No.: C -2915 Project: Newport Island Street and Alley Replacement The City Council of Newport Beach on March 14, 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 March 24, 1994, Reference No. 94- 0208844. Sincerely, �, Wanda E. Raggio City Clerk WER:pm cc: Public Works Department 3300 Newport Boulevard, Newport Beach RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk / / -" %n'- Cityy of Ne4p Beach 330D Newpor Boulevard Newport Beach, CA 92663 11G # 94- 4248844 24 —MAR -1994 11 :08 Ado yam' Recorded in Official Records of Oranse County, Califortia V Lee A. P mch; Eaunry Retarder RE'EJV� Page 1 of 1 fees: 3 .,,0 pP I (Ph Tax: s 0.00 wy, WNW °F�rcr ...., - "Sxempt from recording fees ppursuant to Government Code Section b103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Griffith Company, 2020 Yale Street, Santa Ana, CA 92704 as Contractor, entered into a Contract on February 23, 1993 Said Contract set forth certain improvements, as follows: Newport Island Street and Alley Replacement (C -2915) - located in the City of Newport Beach, County of Orange Work on said Contract was completed on August 20, 1993 and was found to be acceptable on March 14, 1994 by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is Reliance Insurance Company, P.O. Box 29008, Glendale, CA 91209 , Ai�, BY Public oirec or City of Newport Beach VERIFICATION I certify, under penalty of perjury, correct to the best of my knowledge Executed on Newport Beach, California. BY City ClerK that the foregoing is true and at s �'Z • TO: FROM: S U BJ ECT: 0 • g CITY CITY COUNCIL 41 March 14, 199f MAR 14 - CITY COUNCIL AGENDA ITEM NO. PUBLIC WORKS DEPARTMENT ACCEPTANCE OF THE NEWPORT ISLAND STREET AND ALLEY REPLACEMENT (C -2915) RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk 3. Authorize the City Clerk the Notice of Completion with applicable portions DISCUSSION: to file a Notice of Completion. to release the bonds 35 days after has been recorded in accordance of the Civil Code. The contract for the re- construction of the streets and alleys on Newport Island has been completed to the satisfaction of the Public Works Department. The bid price was $425,135.00 Amount of unit price items constructed 452,264.81 Amount of change orders 18,286.41 Total contract cost $470,551.22 The increase in the amount of the unit price items constructed was due to the need to replace additional sidewalk and drive approaches after completion of the utility undergrounding project. Seven Change Orders were issued. The first, in the amount of $1,041.26, provided for additional saw cutting of the existing concrete improvements and the removal of unsuitable sub -grade material. The second, in the amount of $365.99, provided for repair of the existing deteriorated bulkhead tie rods exposed during construction of the new coping. The third, in the amount of $6,625.55, provided for repair of previous damage to an existing sewer and delay time and extra work occasioned by conflicts with the existing utilities. The fourth, in the amount of $489.29, provided for additional saw cutting of the adjacent private improvements to accommodate the new curbs and walks. The fifth, in the amount of $4,902.40, provided for • 0 SUBJECT: ACCEPTANCE OF THE NEWPORT ISLAND STREET AND ALLEY REPLACEMENT (C-2915) March 14, 1994 • Page 2 additional move -ins and work at 500 39th Street necessitated by the threat of legal action by the property owner over a right -of -way dispute. At the request of the City Attorney's office the work was delayed until the matter was resolved. The sixth, in the amount of $2,468.79, provided for adding to the height of the street -end bulkhead copings to match the adjacent existing copings. The seventh, in the amount of $2,393.13, provided for a change in the type of water service connection saddles, placing crushed rock under the new water main and cutting the existing bulkhead for an additional storm drain. During the paving operations some areas were not raked as smoothly as could be expected resulting in blemishes in the pavement. At the request of the Newport Island Homeowners Association, arrangements have been made with the contractor to return when the pavement is warmer (late June or July) and correct these flaws. • Funds for the project were budgeted in the General Fund, Account No. 7013 - 98313010, the Sewer Enterprise Fund, Account No. 7053 - 98500003 and the Water Fund, Account No. 7533 - 98530002. The contractor is Griffith Company, of Santa Ana. The contract date of completion was July 31, 1993. Completion was delayed due to the extra work noted above and all of the construction work was completed by August 20, 1993. Acceptance has been delayed pending resolution of the rough- textured pavement noted above. I 140-a Benjamin B. Nolan Public Works Director PD:so • I-4 • 0 EXECUTED IN TWO COUNTERPARTS BONDNO. B1926511 PREMIUM $335.00 BOND FOR RELEASE. 3 ,STOP NOTICE CAUF jJ. KNOW ALL BY THESE PRESENTS: That we, GRIFFITH COMPANY RECEIV ED w 1K V; BEACH as Principal(s), and RELIANCE INSURANCE COMPANY, a PENNSYLVANIA corporation authorized to transact surety business in the date of California, as Surety, are held and firmly bound unto CITY OF NEWPORT BEACH as Obligee, in the penal sum of THIRTY -THREE THOUSAND FIVE HUNDRED TWENTY -TWO AND 70/100 - -- ($_ 33.522.70 ) DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, legal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal entered into a written contract to furnish labor and /or materials or both to CITY OF NEWPORT BEACH in connection with the construction of certain improvements located at NEWPORT ISLAND STREET AND and, WHEREAS, a certain Stop Notice dated DECEMBER 17 1993 has been filed against certain funds which are due said Principal in connection with said contract in the amount of TWENTY -SIX THOUSAND EIGHT HUNDRED DOLLARS, by R C CEMENT CONTRACTOR, INC , and, !WHEREAS, Principal disputes the correctness or validity of said Stop Notice and desires that the funds now due Principal under Nhe provisions of said contract shall be delivered to Principal notwithstanding said Stop Notice, and, 'WHEREAS, Section ❑ 3171 /® 3196 of the California Civil Code requires that a bond in a penal sum equal to one and one quarter (11/4) times the amount of such Stop Notice be filed to secure the release of said funds. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal shall fully protect the Obligee against any loss by reason of or arising out of the acceptance of this bond, or the release of said monies, or the payment thereof to Principal, and shall pay any sum which said Stop Notice Claimant may recover on the verified claim, together with the cost of ,suit in the action, not exceeding the penal sum of this bond, then this obligation shall be void, otherwise to remain in full force and effect. SIGNED AND SEALED this 4TH day of FEBRUARY n" o $s c1 REI �yJ�T5i a -� �lr::, c, m t c By r qa %.V1 y rJU�- . u`r�aJL3 Zlc 19 94 H. BD -7874 (2/87) a WHITE - ORK MAL PINK - BRANCH CANARY - AGENT mew INSURANCE COMPANY 4 +r M �rYYn �. :,iJ ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of RIVERSIDE I On FEB 0 4 1994 before Me LYNN HOLMES, NOTARY PUBLIC DATE NAAAE. TITLE OF OFFICER - E.G..'JAME DOE, NOTARY PUBIC personally appeared ELKE H. HAGEN NAAE451 of Rlsl ® 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- krwMedged to me that he/sneRhey executed the same in his /her /their authorized capacity(ies), and that by his /her /their ILYM signature(s) on the instrument the person(s), t:wm +>�70e or the entity upon behalf of which the NOTARY PUBLIC CAL person(s) acted, executed the instrument. Rivemm couNTY Cowen, E+waaa oac 81' tall + WITMESS my hand and official seal. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Th%O me dale regtnM7 here 0 not regwed by taw. 4 ONO pevent ba diAnt ranYdnnm 01 iris torn. SIGNATURE OF NOTARY OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT 11>• OPTIONAL SECTION B� CAPACITY CLAMED BY SIGNER Ttaalgh tuan don not regliw to No" III till in the data below, doing so may prove nvruabY a pamon talWq on matloanwd. O INDIVIDUAL E3 CORPORATE OFFICER(S) nTLE181 PARTNER(S) [3 LIMITED T) GENERAL 0 ATTORNEY -IN -FACT O TRUSTEE(S) GUARDWVCONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENT(TY(IESI NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE {.. r.;. _. .. .: � . r r_ . 6, b; eff.� '..... �' :. :w �' � y .. �'`'�'�y' ; � pp�)��� ...� .w:' .n ... C }f.Vlia. S.w...f +'6.i!: Y •:6� .'.iY90iG:iL4Ci�A�'. MWff 4:I'G. ':% '^aJ�+'IW'.' .wv °...b.. .q`... 1;..fl. �. i. L1� `�1 A:,i, '. ::�: Y ALL - PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE I On 2 -10 -94 before me, DEBORAH ANNE DUMITRESCU, NOTARY PUBLIC, DATE NAME. TITLE OF OFFICER E G. "JANE DOE. NOIAI Y PII1111C" personally appeared THOMAS L. FOSS NAME(S) OF SIGNERIS) 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 y , 'EGORAH ANNE DUN19RESCUI capacity(ies), and that by his /her /thetr COMM. 4370067 signature(s) on the instrument the person(s), Notary Public - California or the entity upon behalf of which the y/ ORANGE COUNTY � person(s) acted, executed the instrument. My Comm. Exp. Apr. 22,1994 1 THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here Is not required by law. it could prevent fraudulent realfachmael of this form. WITNESS my hand and official seal. o��T?+<L.l%! Lam.,✓ �.,arri -�jta� r�., � SIGNA I ORE OF NOTARY OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT, fiIiiiiiiiiiiiiii; OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER I ough stature does not require the Nolary to lilt in the data below, doing so may prove invaluable to persons retying on the document. E) INDIVIDUAL 0 CORPORATE OFFICERIS) TITLEISI PARTNER(S) [:] LIMITED C3 GENERAL C] ATTORNEY -IN -FACT 0 TRUSTEEIS) El GUARDIANICONSERVATOR E1 OTHER: SIGNER IS REPRESENTING: NAME OF PERSONIS) OR ENIRYIIES) NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE_____._..._ - - -__, RAANCE INSURANCE COMP HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Pennsylvania, does hereby make, constitute and appoint Elko H. Hagen, individually, of Riverside, California, its true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed any and all bonds and undertakings of suretyship and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and attested by one other of such officers, and hereby ratifies and confirms all that its said Attorneys) -in -Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VII of the By -Laws of RELIANCE INSURANCE COMPANY which became effective September 7, 1978, which provisions are now in full force and effect, reading as follows: ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKING 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorney(s)-in -Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (b) to remove any such Attorneyls) -in -Fact at any time and revoke the Power and authority given to them. 2. Attorney(s)-in -Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorney(s)-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By -Laws of the Company or any article or section thereof. This Power of Attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of RELIANCE INSURANCE COMPANY at a meeting held on the 5th day of June, 1979, at which a quorum was present, and said Resolution has not been amended or repealed: 'Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such Power of Attorney or any certificates 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 and any such Power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company, in the future with respect to any bond or undertaking to which it is attached.' IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed, this 11 day of October, 1993 STATE OF Washington COUNTY OF King Iss. On this 11 day of October, 1993 personally appeared to me known to be the Vice President of the RELIANCE INSL foregoing instrument and affixed the seal of said corpora' Company,and the Resolution, set forth therein, are still in full RELIANCE INSURANCE COMPANY �4 0 ice President 40. W. Cadstrom acknowledged that he executed and attested the krticle VII, Section 1, 2, and 3 of the By -Laws of said 8 -16-97 ~,t�lotary Public in and for State of Washington al�9 esidino at Sumner I, Robyn Leyng, Assistant Secretary of the RELIANCE INSURA. hereby certify that the above and foregoing is a true and NC correct copy of a Power of Attorney executed by said RELIAE INS OMPANY, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company this 4TH day of FEBRUARY 1994 Assistant Secretary n BOR -1931 Ed, 3/93 ®RE that certain YINTORT RFAU1. El. CAL ' 2020 YA19 STREET. m 14, 1,99. 4 caicl R. Rar:!�- io V \ . � c`S� cn m E-3 v a` RELEASE OF STOP NOTICE FOR GOOD AND VALUABLE CONSIDERATION, receipt of which is hereby acknowledged the undersigned, does hereby release from the effect of that certain Stop Notice on CITY OF NEWPORT BEACH 3300 NEWPORT BLVD., NEWPORT BEACH, CALIFORNIA, 92659 as owner, and GRIFFITH COMPANY, 2020 YALE STREET, SANTA ANA, CALIFORNIA 92704 as General Contractors on the job known as NEWPORT ISLAND STREET AND ALLEY REPLACEMENT, 38th Street, 40th Street, Marcus Avenue, Channel Place, Finley Avenue, Newport Beach, County of Orange, State of California, and more particularly described as: CONTRACT NO. C -2915, in the amount of $ 23,965.79. Dated: January 14, 1994 MERLIN JOHNSON CONSTRUCTION, INC. CONTRACTORS LICENSE it 467306 (2.SiL�, Carl R. Harder Vice President ,.te: v HE C JAN 1 81994 PURI IP IAI..-.-- State of California l County of San Bernardino 1l On 1/14/94 before me, Rebecca L. Swinson DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC' personally appeared Carl R. Harder 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 O!! =CW, sue, capacity(ies), and that by his /her /their Rebeoc� L Swinson signature(s) on the instrument the person(s), m ANY PUaJC- auPOMM o r the e ntity u po n beh alf of wh ich the perso n (s) SAM eEPNVJDMOCOtr Illy acted, executed the instrument. M' CawL �A M Witness my hand and official seal. � SIGNAOF NOTARY CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL(S) [N CORPORATE OFFICER(S) TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ SUBSCRIBING WITNESS ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) ATTENTION NOTARY: Although the intorrnation requested below i5 OPTIONAL, it could prevent traudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document RELEASE OF STOP NOTICE MUST BE ATTACHED TO THE DOCUMENT Number of Pages 1 Date of Document 1/14/94 DESCRIBED AT RIGHT: Signer(s) Other Than Named Above NONE A 01991 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave. • P.O. Bar 7186 • Canoga Park, CA 913047184 - - - - - - - - - - - - - JA32 JAIDITIO ncefliwe J 8006"R AleAO'4'JAZ "MIJOO -0NORAM30 KAZ r k 32�TN 'C.F+rvsc.h :CON s1. q Yj91 '.SAT#r`ld is Y(ITRA'l AiS9C �RS�QEf: d2 tt �j (If Private Job — file with responsible officer or person at office or branch of construction lender adminst wig the construction funds or with the owner — CIVIL CODE SECTIONS 3156 - 3175) (If Public Job — file with office of controller, auditor, or other public disbursing officer whose duty it is to make payments under provisions of the contract — CIVIL CODE SECTIONS 3179 - 3214) Prime Contractor: Sub Contractor (If Any) Owner or Public Body: City of Newnnrt Raarh Improvement known as Newport risland Rt _ s zt1 1 ov #C -291 5 /Name and address of prod t or work of Improvement) in the City of Newport Beach , County of `Mange State of California. R. C.CEMENT CONTRACTOR, INC. , Claimant, a Cor oration (Claimant) (CorporationlWrtners tp /Sole Proprietorship) furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment, or materials is Griffith Co. 2020 S. Yale St., Santa Ana, CA 92704tmcror owner- Builder) The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was Cement work and labor and concrete (Describe in detail) Total value of labor, service, equipment, or materials agreed to be furnished......... $ 126.602.00 Total value of labor, service, equipment, or materials actually furnished is............ $ 126.602.00 Credit for materials returned, if any ............................... ............................... $ 000.00 Amount paid on account, if any .................................... ............................... $ 99, 783.84 Amount due after deducting all just credits and of fsets ...... ............................... $ 26, 818.16 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of $ 26, 818.16 and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A bond (CIVIL CODE SECTION 3083) is not attached. (Bond required with Stop (is /is not) Notice served on constructions lender on private jobs — bond not required on public jobs or on Stop Notice served on owner on private jobs). Date 12/17/94 Name of Claimant R. C. CEMENT CONTRACTOR, TNC- (Firm Name) 4071 E. La Palma 1 M ngARECE9VED B d Y L (Sign/¢ure) BEG 4 KJ93 (jt« _ ��arcC< (Official Capacity) the the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or delcare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on Dec. 17 19 93 at AN M State of CAr IEnR.NIA�� /( (Signature of Claimant or Authorized Agent) REQUEST FOR NOTICE OF ELECTION (Private Works Only) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope to the address of the claimant shown above. This information must be provided by you under Civil Code (� Sections 3159, 3161 or 3162. _ IN (y` Signed: (Claimant must 9 SICA FORM 41FSNOI) V1189 V0A �L m W ,wy'+• Stop Notice > =' CALIFORNIA CIVIL CODE SECTION 3103 "Y j' -� r � ,r•- �� :.� NOTICE TO CITY OF NEWPORT BEACH DEC 21 1993 (Name of Construction Lender, Public Body or owner) �- 3300 Newport Blvd.. Newnnrt Rearh - r A mpffMsttint (If Private Job — file with responsible officer or person at office or branch of construction lender adminst wig the construction funds or with the owner — CIVIL CODE SECTIONS 3156 - 3175) (If Public Job — file with office of controller, auditor, or other public disbursing officer whose duty it is to make payments under provisions of the contract — CIVIL CODE SECTIONS 3179 - 3214) Prime Contractor: Sub Contractor (If Any) Owner or Public Body: City of Newnnrt Raarh Improvement known as Newport risland Rt _ s zt1 1 ov #C -291 5 /Name and address of prod t or work of Improvement) in the City of Newport Beach , County of `Mange State of California. R. C.CEMENT CONTRACTOR, INC. , Claimant, a Cor oration (Claimant) (CorporationlWrtners tp /Sole Proprietorship) furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment, or materials is Griffith Co. 2020 S. Yale St., Santa Ana, CA 92704tmcror owner- Builder) The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was Cement work and labor and concrete (Describe in detail) Total value of labor, service, equipment, or materials agreed to be furnished......... $ 126.602.00 Total value of labor, service, equipment, or materials actually furnished is............ $ 126.602.00 Credit for materials returned, if any ............................... ............................... $ 000.00 Amount paid on account, if any .................................... ............................... $ 99, 783.84 Amount due after deducting all just credits and of fsets ...... ............................... $ 26, 818.16 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of $ 26, 818.16 and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. A bond (CIVIL CODE SECTION 3083) is not attached. (Bond required with Stop (is /is not) Notice served on constructions lender on private jobs — bond not required on public jobs or on Stop Notice served on owner on private jobs). Date 12/17/94 Name of Claimant R. C. CEMENT CONTRACTOR, TNC- (Firm Name) 4071 E. La Palma 1 M ngARECE9VED B d Y L (Sign/¢ure) BEG 4 KJ93 (jt« _ ��arcC< (Official Capacity) the the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or delcare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on Dec. 17 19 93 at AN M State of CAr IEnR.NIA�� /( (Signature of Claimant or Authorized Agent) REQUEST FOR NOTICE OF ELECTION (Private Works Only) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope to the address of the claimant shown above. This information must be provided by you under Civil Code (� Sections 3159, 3161 or 3162. _ IN (y` Signed: (Claimant must 9 SICA FORM 41FSNOI) V1189 V0A �L m W ,wy'+• f RECEIVED STOP NOTICE SEP 9 1993 CRY CLERK Newp R1 OF TO: City Clerk City of Newport Beach 3300 Newport Blvd. P 0 Box 1768 Newport Beach, CA 92659 -1768 YOU ARE HEREBY NOTIFIED that the undersigned claimant, MERLIN JOHNSON CONSTRUCTION, INC., whose address is POST OFFICE BOX 777, MENTONE, CA 92359 has performed labor, equipment and furnished materials for a work of improvement described as follows: Newport Island Street and Alley Replacement, 38th Street, 39th Street, 40th Street, Marcus Avenue, Channel Place, Finley Avenue, Newport Beach, County of Orange, State of California, and more particularly described as follows, to wit: CONTRACT NO. C -2915 The labor and materials furnished by claimant are of the following general kind: Install and make modifications to Sewer, Water, and Storm Drain System. The labor and materials were furnished to or of the following party: GRIFFITH COMPANY, 2020 YALE STREET, SANTA ANA, CALIFORNIA 92704 The value of the whole amount of labor and materials agreed to be furnished is $ 84,994.70. The value for the labor and materials furnished to date is $ 84,994.70. Claimant has been paid the sum of $ 61,028.91, and there is due, owing, and unpaid the sum of $ 23,965.79 together with interest at the rate of 10% per annum from July 19, 1993. �t's TLX °r 4c a. .. •:3ir op n L-A WHEREFORE, the undersigned claims the benefit of the law given to laborers and materialmen under and by virtue of the provisions of Division III, Title XV of the Civil Code of the State of California, and prays that you withhold funds to satisfy this claim. Dated: September 8, 1993 VERIFICATION STATE OF CALIFORNIA ) } ss. COUNTY OF SAN BERNARDINO) I, MERLIN JOHNSON, declare: I am the President of MERLIN JOHNSON CONSTRUCTION, INC., the claimant in the foregoing Stop Notice; I am authorized to make this verification for claimant; I have read the foregoing Stop Notice and know the contents thereof, and the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed at Mentone, California this 8th day of September, 1993. MERLIN J SON, President 9 • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 TO: 1!INANCE DIRECTOR FROM: CITY CLERK DATE: February 23, 1993 SUBJECT: Contract No. C -2915 Description of Contract Newport Island Street and Alley Replacement Effective date of Contract February 23. 1993 Authorized by Minute Action, approved on January 25, 1993 Contract with Griffith ComWnv Address 2020 Yale Street Santa Ana, CA 92704 Amount of Contract $425.135.00 l�t/GL %JL�GI� s , Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach L� • 0 JAN 2 5 1993 January 25, 1993 CITY COUNCIL AGENDA ITEM NO. 3 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: NEWPORT ISLAND STREET AND ALLEY REPLACEMENT (C -2915) RECOMMENDATIONS: 1. Consent to relieve DBL their apparent low bid error. 2. Award Contract No. 291 the total bid price of the Mayor and the City contract. DISCUSSION: Construction because of a 5 to Griffith $425,135.00, Clerk to exe, Corporation of mathematical Company for and authorize ,-ute the At 11:00 A.M. on January 13, 1993 the City Clerk opened and read the following bids for this project: BI D R Low DBL Construction Corporation 2. Griffith Company 3. Gillespie Construction, Inc. 4. J & B Kovak Engineering J. V. 5. A & Y Asphalt Contractors, Inc. 6. Excalibur Contracting, Inc. 7. Nobest, Inc. 8. Kennedy Pipeline Co. 9. Los Angeles Engineering, Inc. 10. Clayton Engineering, Inc. 11. Excel Paving Company 12. Shawnan Corporation 13. Damon Const. Co. 14. Sully- Miller Contracting Company TOTAL BID PRICE $398,065.75 424,924.30 It 434,474.00 443,319.00 472,453.75 481,866.10 512,047.50 515,971.00 ** 533,422.50 567,631.25 579,715.00 585,598.00 595,900.50 610,967.75 * ** It Corrected total bid price is $425,135.00 ** to It of it it 500,233.50 * ** to of of It if 611,167.75 The apparent low bidder, DBL Construction Corporation, has submitted a letter (copy attached) requesting to be relieved of their bid because of a mathematical error. The City Attorney agrees that DBL has provided adequate detail to establish grounds for relief of their bid. The 2nd low total bid price is 8% below the Engineer's estimate of $460,000. The 2nd low bidder, Griffith Company, is a well - qualified general engineering contractor who has satisfactorily completed previous contract work for the City. y Subject: Newport Island Street and Alley Replacement (C -2915) January 25, 1993 Page 2 This project provides for the removal and replacement of streets, curbs, sidewalks and alleys; the replacement of 320 • lineal ft. of water main; and the construction of 275 lineal ft. of storm drains within Newport Island. The contract also includes the reconstruction of seawall coping and railing at the ends of Channel Place and 19th Street, as shown on the attached Exhibit "A ". The replacement of the alleys, curbs and streets will facilitate drainage and provide a smooth driving surface. The replacement of the water mains will improve domestic water service and provide increased pressure and reliability for fire protection. The construction of the storm drains will improve drainage from Newport Island and eliminate standing water problems. The reconstruction of the seawall coping and railing at Channel Place and 19th Street will replace the deteriorated seawall coping and fence thereby providing for greater pedestrian safety and bulkhead integrity. The street and alley work is being performed subsequent to completion of undergrounding utilities on Newport Island. The utility work will be completed by January 31st, approximately, • depending upon weather delay. Funds to award this contract are proposed from the following appropriations: Description Account No. Amount Newport Island Street and Alley Repl. 7013- 98313010 $388,833 Water Main Replacement Program 7503 - 98500003 31,251 Sewer Main Replacement Program 7533 - 98530002 5,051 Plans and specifications for the project were prepared by the Public Works Department. All work should be completed by July 31, 1993, approximately, depending upon any delays which may be encountered before of during construction. Benjamin B. Nolan Public Works Director Ld:so Attachments DBL Construction Corporation YD' L Grading & Paving State Contractor License No. 448123 JANUARY 20, 1993 MR. STEVE LUY CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA 92659 SUBJECT: NEWPORT ISLAND STREET AND ALLEY REPLACEMENT CONTRACT N0. C-2915 RE: REQUEST FOR RELEASE FROM BID DEAR MR. LUY: WE ARE REQUESTING RELEASE FROM THE ABOVE REFERENCED PROJECT DUE TO A MATHEMATICAL ERROR. THIS REQUEST FOR RELEASE IS PURSUANT TO CHAPTER FIVE (5) OF THE PUBLIC CONTRACT CODE. THE SUBSEQUENT DISCOVERY OF OUR MISTAKE HAS MADE OUR BID MATERIALLY DIFFERENT THAN INTENDED. OUR MISTAKE IS BASED ON THE FAILURE TO INCORPORATE CALCULATIONS WHICH PROVIDED FOR THE REMOVAL OF EXISTING IMPROVEMENTS, THESE REMOVALS ARE INCIDENTAL TO THE PROPOSED TYPE „A„ CURB AND GUTTER, BID ITEM NUMBER THREE (3). FINAL INTENT FOR BID ITEM NUMBER THREE (3) SHOULD HAVE BEEN THIRTEEN DOLLARS AND SEVENTY-TWO CENTS ($13.72) PER LINEAR FOOT AND NOT TEN DOLLARS AND TEN CENTS ($10.10) PER LINEAR FOOT. PLEASE CALL @ (714) 630-2232 WITH ANY QUESTIONS OR REQUEST FOR ADDITIONAL INFORMATION. RESPECTFULLY SUBMITTED, DBL CONSTRUCTION CORPORATION JESS RE ES PROJECT MANAGER A20om • • • 1281 LA LOMA CIRCLE • ANAHEIM, CALIFORNIA 92806 • (714) 630 -2232 • Fax: (714) 630 -2881 CITY CLERK �T NOTICE INVITING BIDS Sealed bids may be received at the office of the City Clerk, 3300 Newport Boulevard, P. 0. Box 1768, Newport Beach, CR 92659 -1768 until__J_QD_ a, Mon the 13thday of .lani�arv, 1992, at whit tli- ime suc bids shall be opened and read for NEWPORT ISLAND STREET AND ALLEY REPLACEMENT Title of Proiect C -2915 Contract No. gineer's Estimate r� E� 11 ® L'V Spproved by the City Council this 14thday ofDecefhber, 1992. o 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, P. 0. Box 1768, Newport Beach, CA 92659 -1768. For further information, call Steve Luy at 644 -3311. Project Manager i . .. ._ ,',','�- ,- .;...w.--• a.. fir__ FasAti».a -.:. .. 0 0 PR 1.1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTNEN PROPOSAL NEWPORT ISLAND STREET AND ALLEY REPLACEMENT CONTRACT NO. 2915 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 Contract Documents, and hereby proposes to furnish all materials and do all work required to complete this Contract No. 2915 in accordance with the Plans and Contract Documents, 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 @ Eleven Thousand Five Dollars Hundred and No Cents $ 11,500.00 Per Lump Sum 2. 5,700 Remove existing and Construct Square Feet new P.C.C. alley @ Four Dollars and Seventy -Three Cents $ 4.73 $26,961.00 Per Square Foot 3. 6,100 Const. Type "A" P.C.C. Linear Feet curb and gutter @ Thirteen Dollars and No Cents $ 13.00 $ 79,300.00 Per Linear Foot 0 • PR 1.2 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 4. 900 Remove exist. and construct Square Feet P.C.C. alley approach @ Four Dollars and Ninety Cents $ 4.90 $ 4,410.00 Per Square Foot 5. 8,800 Remove exist. and construct Square Feet P.C.C. sidewalk @ Three Dollars and Twenty -Eight Cents $ 3.28 $28,864.00 Per Square Foot 6. 6,275 Remove exist. and construct Square Feet P.C.C. driveway @ Four Dollars and Eighty Cents $ 4.80 $ 30,120.00 Per Square Foot 7. 3,350 Remove exist. and construct Square Feet P.C.C. cross gutters @ Four Dollars and Twenty -Eight Cents $ 4.28 $ 14,338.00 Per Square Foot S. 1,350 Remove exist. and construct Square Feet P.C.C. curb access ramps @ Four Dollars and Thirty -Four Cents $ 4.34 $ 5,859.00 Per Square Foot 9. 1 Construct P.C.C. drop inlet Each @ Twenty -Six Hundred Dollars and Sixty and Nn Cents X660.00 $ 2,660.00 Per Each 10. 4 Construct P.C.C. side inlet Each @ Twenty -One Dollars and No Cents $?,100.00 $ 8,400.00 Per Each 0 9 PR 1.4 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 18. 320 Install 8 -inch Ductile Iron Linear Feet pipe water main, class 52 @ Fifty -Five Dollars and Seventy Cents $ 55.70$ 17,824.00 Per Linear Foot 19. 9 Install 1 -inch domestic water Each service @ Four Hundred Fifty Dollars and No Cents $ 450..00$ 4,050.00 Per Each 20. 2 Install 8 -inch butterfly valve Each @ Fiva Hundred and Dollars Thirty -Seven and No Cents $ 537.00$_ 11074.00 Per Each 21. 10 Install water meter box Each @Twn Hiindrad Dollars and N„ Cents $ 229 - C$ 2.280.00 Per Each 22. 2 Remove and replace existing Each wet barrel fire hydrant assembly @ Twenty -Six Hundred Dollars and No Cents $ 2,600.00$ 5,200.00 Per Each 23. 2 Construct P.C.C. pipe Each anchor @ Fourteen Hundred Dollars Sixty and No Cents $ 1,460.00$ 2,920.00 Per Each 24. 900 Remove exist. and construct Square Feet P.C.C. patch back @ Two Dollars and Ninety Cents $ Per Square Foot 2.90 $ 2,610.00 AA, 0 0 PR 1.5 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 25. 16 Remove exist. and construct Tons A.C. patch back @ One Hundred Twenty- Dollars ig and No Cents $ 128.00$ 2,048.00 Per Ton 26. 150 Remove existing and construct Linear Feet new bulkhead coping @ One Hundred Six Dollars and No Cents $ 106.00$ 15,900.00 Per Linear Foot 27. 150 Remove existing bulkhead fence Linear Feet and construct aluminum railing @ Sixty -Nine Dollars and Forty Cents $ 69.4C$ 10,410.00 Per Linear Foot 28. 80 Remove existing and construct Linear Feet new bulkhead C.M.U. wall @ Twenty Dollars and Nn Cents $ 20.00$ 1,600.00 Per Linear Foot 29. 6,300 Sawcut existing roadway Linear Feet @ Ona Dollars and Cents $ 1.D 9$ 6.867.00 PerlLinear Foot 30. 85 Install 8" V.C.P. sewer main Linear Feet including trench resurfacing @ Thirty -Caven Dollars and Forty. Cents $ 37.40 $ 3,179.00 Per Linear Foot 31. 1 Install sewer main terminal Each cleanout @ Four Hundred Twelve Dollars and No Cents $ 412.00 $ 412.00 Per Each PR 1.6 ITEM QUANTITY ITEM DESCRIPTION UNIT TOTAL NO. AND UNIT UNIT PRICE WRITTEN IN WORDS PRICE PRICE 32. 3 Reconnect exist. sewer lateral Each and install sewer cleanout @ Four Hundred Sixty Dollars Seven and No Cents $ 467.00 $ 1,401.00 Per Each Four Hundred and Twenty-Five Thousand Dollars One Hundred Thirty -Five and Zero_ Cents $425.135.00* TOTAL $ID PRICE (WORDS) TOTAL BID PRICE (FIGURES) s Rsr 1 January 4, 1993 Authorized Signature /Title Date Michael L. Cherry, Chief Estimator 2020 Yale Street, Santa Ana, CA 92704 (714) 549 -2291 Bidder's Address Bidder's Telephone * Corrected Bid Total A • INSTRUCTIONS TO BIDDERS Page 2 The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: PROPOSAL (Page 1) INSTRUCTIONS TO BIDDERS (Page 2) DESIGNATION OF SUBCONTRACTORS (Page 3) BIDDER'S BOND (Page 4) NON - COLLUSION AFFIDAVIT (Page 5) TECHNICAL ABILITY AND EXPERIENCE REFERENCES (Page 6) except that cash, certified check or cashier's check (sum not less than 10$ 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 coi authorized by the corporation. shall be of a general partner. shall be of the owner. signatures and titles of persons the bidder. For corporations, the -porate officer or an individual For partnerships, the signatures For sole ownership, the signature 11032168, #ABC -12, #C -8 HAZ Contractor's License No. & Classification GRIFFITH COMPANY January 4, 1993 Date 5/91 1'Bidder<< Wa�163. The licensee .,::.' ' _..s $`_.!� /g%• The reLrCS;_rc.:- i_........._ = 1'.e.ei_ a-,, :::de under pens' -:; c.. y. MICHAEL L. CHERRY CHIEF ESTIMATOR nnPrrrnj PAUDANV • 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 1. Metal Rail Crane Veyor Corp. Riverside 2. Block Wall Allstate Masonary Riverside 3. Sewer, Minor Structure Johnson Construction Anaheim 4. 5. 6. 7. 8. 9. 10. il. 12. Bidder Griffity Company 5/91 Authorized Signature /Title Michael L. Cherry, Chief Estimator . D NO. U953378 t P EMIUM` -NIL- Page 4 BIDDIR'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, GRIFFITH COMPANY as bidder, and _RELIANCE 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. BID - -- Dollars ( $ 10' ) , lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That if the proposal of the above bounden bidder for the construction Of CONTRACT NO. C-2915, NEWPORT ISLAND STREET AND ALLEY RE (Title of Project and Contract No.) n the C ty of Newport Beach, is accepted by the City Council.. :of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver to said City the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) after the date of the mailing Notice of Award to the above bounden bidder by and from said City, then this obligation shall become null and void; otherwise it shall be forfeited to the said City. In the event that any bidder above named executed this bond as an individual, it is agreed that the death of any such bidder shall not exonerate the Surety from its obligation under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 5TH day of JANUARY , 19 93, GRIFFITH COMPANY Bidder (Attach Acknowledgment Of Attorney -In -Fact) Notary Public Commission Expires: XMI HEF E T MATORY Authorized S gnature/ tle SURETY RELIANCE INSURANCE COMPANY By: �i f G . t ELKE H. HAGEN, A ORNEY -IN -FACT Certificate of Acknowledgement STATE OF CALIFORNIA Coantyof RIVERSIDE J} On JANUARY 5, 1993 before me, LYNN HOLMES, NOTARY PUBLIC personally appeared ELKE H. HAGEN personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her /their authorized capacity(ies), and that by 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 official seal. (Seal) 380772-6.81 Cow1a &" da. k ign STATE OF CALIFORNIA COUNTY OF ORANGE ♦LNNOWLEDCYENT- Cppw�lbn- Nd�mrtT Fpm 222CA -x -N . 5.82 }55. On this 7TH day of JANUARY , in the year 19 93 before me, the undersigned, a Notary Public in and for said State, personally appeared MICHAEL L. CHERRY personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed it. WITNESS my hand and official seal. Notary Public in and for said Stale. DI i NoNvyPuble- Cafflon is ORANGECOUNIV MY AJX1 22,10944 ♦LNNOWLEDCYENT- Cppw�lbn- Nd�mrtT Fpm 222CA -x -N . 5.82 }55. On this 7TH day of JANUARY , in the year 19 93 before me, the undersigned, a Notary Public in and for said State, personally appeared MICHAEL L. CHERRY personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed it. WITNESS my hand and official seal. Notary Public in and for said Stale. RELIWNCE INSUItANC�: (.�MYANY r t HEAD OFFICE, PHILADELPHIA, PENNSYLV POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Pennsylvania. does hereby make, constitute and appoint ELKE H. HAGEN of RIVERSIDE, CALIFORNIA - - - - -- Its true and lawful Attorney -in -Fact to make. execute, Seal and deliver for and on its behalf, and as its act and deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP - -- - - - - -- and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the name extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the REUANCE INSURANCE COMPANY and sealed and attested by one other of such officers, and hereby ratifies and confirms all that its Said Attorney(s) -in -Fad may do in pursuance hereof This Power of Attorney Is granted under and by authority of Article VII of the By -Laws of RELIANCE INSURANCE COMPANY which became effective September 7,1978, which provisions are now in full force and effect reading as follows: ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors. the. President the Chairman of the Board, any Senior Vice President any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorneys -in -Fad and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (b) to remove any such Attorney -In -Fad at any time and revoke the power and authority given to him. 2. Attorneys -in -Fed shall have power and authority, subject to the terms and limitations of the power of attorny issued to them, to execute and deliver on behalf of the Company, bonds and undertakings. recognizances, contracts of Indemnity and other writings obligatory in the nature thereof. The corporate Seal Is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory In the nature thereof. 3. Attorneys -In -Fed shall have power and authority to execute affidavits required to be attached to bonds. recognizances, contracts of Indem- nity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By -laws of the Company or any article or section thereof. This power of attorney Is signed and Sealed by facsimile under and by authority of the following Resolution adopted by the rZard of Directors of RELIANCE INSURANCE COMPANY at a meeting held on the 5th day of June, 1979. at which a quorum was present and said Rea.nution has not been amended or repealed: "Resolved, that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of attorney or any certificate rotating 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 and any auch power so executed and certified by facsimile Signatures and facsimile seal shall be valid and binding upon the Compar,, in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has caused these presents to be signed by its Vice Presitlent and its corporate seal to be hereto affixed. this 29 day of September 1992. RELIANCE INWNC::.;OMPANY QDice President STATE OF Washington 1 COUNWOF King On this 29 dayof September .19 92personallyappeared Lawrence W. Carlstrom to me known to be the Vice- President of the RELIANCE INSURANCE COMPANY, and acknowledged that he executed and attested the foregoing instrument and affixed the seal of mid corporation thereto, and that Article VII, Section 1, 2, and 3 of the By -Laws of mid Company and the Resolu- tion, set forth therein, are still in full force. My Commission Expires:'�!�'YZ March 5.1996 Notary Public in o, State of Washington Residing at Puyallup Maraorie S. Pans . Assistant Secretary of the REUANCE INSURANCE COMPANY, do hereby cenity that the above and oreg ng Is a true an correct copy of a Power of Attorney executed by Said REUANCE INSURANCE COMPANY, which is still in lull force and effect IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company this 5TH day of JANUARY 1993 `r�� 7 �; r. I Assistant Secretary sba- 1o,eae "' Mar ie S. Hansen �_ :7' 0 NON - COLLUSION AFFIDAVIT State of California ) ) ss. County of Orange ) 0 Page 5 Michael L. Cherry -' being first duly sworn, deposes and says that he or she is Chief Estimator of Griffith Company , the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, south by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct. MICHAEL L. CHERRY GRIFFITH COMPANY GIEFESTIMATOR Bidder Authorized Signature/ itle .Subscribed and sworn to before me this 1993. Notary Public My Commission Expires: April 22, 1994 5/91 5th day of January , [SEAL) OFFlau SIX DMORAMANNEDUMITRESCU NO1CIy PUbI1C•CCtlforNC ' ° ': ORANGE COUNTY Rcd 22,1994 nncan AMV 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. See Attached. Year For Whom Person Telephone Completed Performed (Detail) To Contact Number I i GRIFFITH COMPANY Bidder 5/91 `C � Q,, CHAEL L. CHERRY "' `� CHIFESTIMATOR Authorized Signature/ itle e. GRIFFITH COMPANY CONSTRUCTION EXPERIENCE REFERENCES Year Completed For Whom Performed Person to Contact Telephone 1990 County of Orange, EMA Irvine Boulevard ($1,181,944.50) 1990 County of Orange, EMA Campus Drive Widening ($3,469,341.45) 1990 Foothill Ranch Company Lake Forest Drive ($861,356.60) 1991 The Irvine Company OC Borrow Site ($1,558,750.00) 1992 County of Orange, EMA Pelican Hill Road ($21,332,710.75) 1992 City of Irvine Yale Avenue ($1,500,000.00) 1992 City of Fullerton Bastanchury Road ($1,434,102.70) 1992 Mission Viejo Company Aliso Creek Road ($388,188.22) 1992 The Irvine Company Ocean Ridge Drive ($785,952.30) Gerald Schubert (714) 834 -2300 Resident Engineer Johnnie Freeman (714) 755 -6526 Project Engineer Michael Watkins (714) 586 -4400 Manager Jim Lorman (714) 720 -2000 Vice - President /Construction Jim Johansen (714) 834 -2300 Manager of Construction Russell Thiele (714) 724 -7545 Principal Project Engineer George Lin (714) 738 -6845 Civil Engineer Bob Sciotto (7 14) 837 -6050 Senior Project Manager Jim Lorman (714) 720 -2000 Vice - President /Construction 1 R E CIE X993 �o by January 4, 1992 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Newport Island Street and Alley Replacement CONTRACT NO. 2915 ADDENDUM NO. 1 BIDDERS shall propose to complete Contract No. 2915 in accordance with the Plans, Proposal, Contract Documents and Special Provisions as modified by this Addendum No. 1: 1. PROPOSAL Revise the description of Item 15 to read: 'Construct 4" thick untreated base material." Revise the description of Item 16 to read: "Construct 3" asphalt base course." Revise the description of Item 17 to read: "Construct V asphalt finish course." Please execute and date this Addendum and attach it to your bid proposal. Failure to do so may result in disqualification of your proposal. Stephen L y Project Manager I have carefully examined this Addendum and included full payment therefore in our proposal. January 6, 1993 Griffith Company DATE i er's Name MICHAEL L CHEAAY CHIEFESTIMATOR Aut orized Signature ...�... ,..._.... �. .. _ •.<;r..- ._,�.._. ��.,��.i:� � •i�..a�a'= .,..>.� mo=w .. ::.sr - GRIFFITH COMPANY RESOLUTIONS RESOLVED, That any one or more of the following officers of this Corporation: Chairman of the Board and Chief Executive Officer, President, Executive Vice President, Vice President /Treasurer and Chief Financial Officer, together with, when required, the Secretary or Assistant Secretary be and they are hereby authorized to execute and deliver in the name of this Corporation any and all bids, authorizations, contracts, notes, deeds, bonds, stocks, declarations, releases and agreements of any nature or sort whatever. FURTHER RESOLVED, That any one or more of the following officers of this Corporation: Vice President/District Manager, District Manager, Assistant District Manager, Chief Estimator, Secretary, Secretary /Controller, be and they are hereby authorized to execute and deliver in the name of and on behalf of this Corporation any and all bids, authorizations, contracts, certifications, declarations and releases, including: bid bonds, labor and material bonds, performance bonds, and stop notice bonds. FURTHER RESOLVED, That any and all persons, firms, corporations and other entities shall be entitled to rely on the authority of any one or more of the officers above named to bind this Corporation by the execution and delivery of any of the documents or papers set forth hereinabove. FURTHER RESOLVED, That the authority granted hereby shall not be modified or revoked except by a resolution to that effect passed by the Board of Directors of this Corporation. FURTHER RESOLVED, That any and all authorization heretofore granted by this Corporation to any officers other than those above named, to perform acts in the name of and on behalf of this Corporation similar to the acts authorized above, be and they are hereby revoked, rescinded and annulled. The undersigned hereby certifies that he is the Secretary of Griffith Company, a California Corporation, and does hereby certify that the above is a full, true and correct copy of resolutions passed by the Board of Directors of GRIFFITH COMPANY at a meeting thereof held on March 2, 1992, in accordance with the by -laws of said GRIFFITH COMPANY and at said meeting there was at all times a quorum present and acting and that said resolution has not, to the date of this certificate, been in any manner amended, modified, revoked, rescinded, or annulled. IN WITNESS WHEREOF, the undersigned has hereunto set his hand and affixed the seal of GRIFFITH COMPANY this 2nd day of March, 1992. William E. Barnes, Secretary Att t James D. W tze President I�01�YIT1� MO•I�•YNI • i 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. 5/91 .,EXECUTED IN FOUR COUNTEOTS NO. B1926463 PllEMIUM $4,251.00 Page 9 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted January 25. 1993 has awarded to rr;ff;+h fmmnanv hereinafter aesignacea as the ••Yrincipai -, a and Alley Replacement the City of Newport Beach, in strict conformity with the Contract, Drawings and Specifications and other contract documents in the office of the City Clerk of the City of Newport Beach, all of which are incorporated herein by this reference; WHEREAS, Princippal has executed or is about to execute Contract No. C-29i5 and the terms thereof require the furnishing of a bond for the faithful performance of the Contract; NOW, THEREFORE, we, GRIFFITH COMPANY as Principal,and as Surety, are held firmly bound unto t e City of Newport Beach, in the sum of ** SEE BELOW Dollars ($ 425 135 nn), 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. ** FOUR HUNDRED TWENTY -FIVE THOUSAND ONE HUNDRED THIRTY -FIVE AND NO /100 - -- 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 Page 9A 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 3RD day of FEBRUARY , 1993. THOMAS L. FOSS Griffith Company ld VICE PRESIDENT Name of Contractor (Principal) Auth r zed S gnatur T tle Miehael E. r- I RELIANCE INSURANCE COMPANY 4, 1J, t Name of Surety Authorized Age Signature P.O. BOX 29008 ELKE H. HAGEN, TTORNEY -IN -FACT GLENDALE, CALIFORNIA 91209 (909) 787 -8730 Address of Surety Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY XUBT BE ATTAC$ED 1 5/91 „, Certificate of Acknowledgement .. aSTATE OF CAIMRNIA Countyof RIVERSIDE r On FEBRUARY 3, 1993 before me, LYNN HOLMES, NOTARY PUBLIC personally appeared ELKE H. HAGEN personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/ she /they executed the same in his/her /their authorized capacity(ies), and that by 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 official seal. Lynn Holmes i %;FJVERS” Comm. #9"708 Signature A AI ,. 1 J 9 (Seal) Y weuc - �F�() 980772.601 f. r 0 CSTATE OUNTY OF CALIF0ORANGE }as. OMCIAL SM *;a ; DMOMIHI M E MPATRESCU Notary Publlo-Collfornlo r ORANGE COU6 MyCaatrNsstonl:xxpUes Agri 22, 7994 On this 5TH day of FEBRUARY , in the year 1993, before me, the undersigned, a Notary Public in and for said State, personally appeared THOMAS L. FOSS personally known to me �I (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed it. WITNESS my hand and official seal. ACKNOWLEDGMENT— COrporelion— WOkNts Form 222CA,X —a¢v. 582 Notary Public in and for said State. 01982 WOICOTM INC. 40 "MCIR982) 11 *EXECUTED IN FOUR COUNTE *RTS KNOW ALL MEN BY THESE PRESENTS, that NO. B1926463 P IUM -NIL- Page 8 WHEREAS, the City Council of the City of Newport Beach, State of California by motion adopted January 25, 1993 has awarded to Griffith Company hereinafter designated as the "Principal", a contract for Nawport island and Ailey Replacement (Contract No. C- 2915) in the City of Newport Beach, in strict conformity with the Drawings 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 -2915 and the terms thereof require the furnishing of a bond, provid q 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, GRIFFITH COMPANY as Principal, and RELIANCE INSURANCE COMPANY as Surety, are held finaly bound unto the City of Newport Beach, in the sum of ** SEE BELOW Dollars ($ 425,135.00 ), said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the terms of the contract; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. ** FOUR HUNDRED TWENTY -FIVE THOUSAND ONE HUNDRED THIRTY -FIVE AND NO /100 - -- 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 T s. i f 0 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 3RD day of FEBRUARY , 1993. YHOMAS L. FOSS Griffith Company VICE PRESIDENT Name of Contractor (Principal) ♦Auth r zed Signature,/T tle RELIANCE INSURANCE COMPANY Name of Surety P.O. BOX 29008 Authorized Agent ignature ELKE H. HAGEN, TORNEY -IN -FACT GLENDALE, CALIFORNIA 91209 (909) 787 -8730 Address of Surety Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE AT3rACHED 5/91 iI CSTATE OUNTYFOFALIFORNORANGE Iss. VnCIALSFJLL DEWOHAH ANNE DUNTRC-SCU Notary PUblle- CollforNa ORANGE COUNTY \'- MyCommlZonExWes A Dfr122,1994 On this 5TH day of FEBRUARY , in the year 1923, before me, the undersigned, a Notary Public in and for said State, personally appeared THOMAS L. FOSS , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument on behalf of the Corporation therein named, and acknowledged to me that the Corporation executed it. WITNESS my hand and official seal. II Notary Public in and for said State. II ACKNOWLEDGMENT— COrporaiion— WOlcatla Form 222CA X —Rev. G 82 ©1982 WOLCOTTS, INC. IDri eCclan 82r Certificate of Acknowledgement STATE OF CAL1POEi17A County of RIVERSIDE On FEBRUARY 3. 1993 before me, LYNN HOLMES, NOTARY PUBLIC personally appeared FT.KF. H. HAQF.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 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 person(&) acted, executed the instrument. WITNESS my hand and official seal. U Lynn Holmes ; Comm. DW18708 Signature "— n (Seal) OTARY PUBLIC - CALIFOIM G) RIVERSIDE COUNTY 0 i Comm. EXOM Oct. at, IM i ss&772 -&81 .c ... _. :$ RELIANCE INSURANCE COMPANY • HEAD OFFICE, PHILADELPHIA, PENNSYLVA� • POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Pennsylvania, does hereby make, constitute and appoint ELKE H. HAGEN of RIVERSIDE, CALIFORNIA - - - - -- its true and lawlut Attorney -in -Fact to make, execute, seal and deliver for and on its behalf, and as its act and deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP---- - - - - -- and to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and attested by one other of such officers, and hereby ratifies and confirms all that its said Attorney(s) -in -Fact may do in pursuance hereof This Power of Attorney is granted under and by authority of Article VII of the By -Laws or RELIANCE INSURANCE COMPANY which became effective September 7, 1978, which provisions are now in full force and effect reading as follows: ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the President the Chairman of the Board. any Senior Vice President any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorneys -in -Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (b) to remove any such Attorney -In -Fact at any time and revoke the power and authority given to him. 2. Attorneys -in -Fact shall have power and authority, subject to the terms and limitations of the power of attorney Issued to them, to execute and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of Indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory In the nature thereof. 3. Attorneys -In -Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of Indem- nity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By -Laws of the Company or any article or section thereof. This power of attorney Is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of RELIANCE INSURANCE COMPANY at a meeting held on the 5th day of June, 1979. at which a Quorum was present and said Resolution has not been amended or repealed: "Resolved, that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of attorney or 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 and any such power so exec=d and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed, this 2 9 day of September 1992. RELIANCE INS NCE COMPANY \�S ice President STATE OF Washington COUNTYOF King On this 29 dayof September 19 9 2personally appeared Lawrence W. Carlstrom to me known to be the Vice - President of the RELIANCE INSURANCE COMPANY, and acknowledged that he executed and attested the foregoing instrument and affixed the seal of said corporation thereto, and that Article VII, Section 1, 2, and 3 of the By -taws of said Compeny and the Resolu- tion, set forth therein, are still in full force. My Commission Expires: ( "`� �J UIL�l•t/�Z�,C March 5,1996 r4 • Notary Public in an for state of Washington Residing at Puyallup I, Mar �2 H . Assistant Secretary of the RELIANCE INSURANCE COMPANY, do hereby certify that the above and roraegotnos a true and- correscc opy of a Power of Attorney executed by said RELIANCE INSURANCE COMPANY, which is still in full force and effect IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company this day of 19 FEBRUARY 93 (, / Assistant Secretary i BDR -1411 Ed. 6/79 Mar e S. Hansen • • Page 10 c Time I of Ns c , lrv�'# �}M.w?'�:YR �Y, 10} n •�Mr PRODUCER COMPANIES AFFORDING COVERAGE FRIIS & COMPANY, INC. COMPANY P.O. BOX 5138 A LETTER RELIANCE NATIONAL INSURANCE RIVERSIDE, CA 92517 -5138 909 - 787 -8730 COMPANY B INTERNATIONAL INSURANCE LETTER INSURED GRIFFITH COMPANY 2020 YALE STREET COMPANY C UNICARE INSURANCE COMPANY SANTA ANA, CA 92704 LETTER ISSUED IN FOUR COUNTERPARTS �C�OVERAGES THIS IS Y'O CERIFYHAY S OF WSU IJS B ON HAVE BEEN ISSUED TO H NSURED NAMED ABOVE FOR TH POLJC PERIOD .. INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL. THE TERMS, EXCLUSIONS. AND CONOInONS OF SUCH POLICIES AND IS NOT AMENDED, EXTENDED OR ALTERED BY THIS CERTIFICATE CO TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION ALL LIMITS IN THOUSANDS A GENERAL UAdILRY (OCCURANCE BASIS ONLY) NGBO102635 4/1192 4/1/93 GENERAL AGGREGATE s 2,000 COMMERCIAL S OPERATIONS AGGREGATE 2,000 �ICOMPREHENSIVE RS & CONTRACTORS L61 PROTECTIVE PERSONAL INJURY s 1,000 ® CONTRACTUAL FOR SPECIFIC CONTRACT EACH OCCURANCE s 1,000 ® PRODUCTSICOMPL OPER ® XCU HAZARDS 0 BROAD FORM PROP_ DAMAGE ® SEVERABIUTY OF INTEREST FIRE DAMAGE s 50 CLAUSE (ANY ONE FIRED ® PERSONAL INJURY WITH EMPLOYEE EXCLUSION MEDICAL EXPENSES S 5 REMOVED (ANY ONE PERSON) MARINE AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT i 1'000 COMPREHENSIVE BODILY INJURY NKA0102633 4/1/92 4/1/93 3DOWNEO (PER PERSON) s A BODILY INJURY :XD HIRED (PER ACCIDENT) 11NON-0WNED PROPERTY DAMAGE EXCESS LIABILITY EACH AGGREGATE B UMBRELLA FORM 524- 210860 -8 4/1/92 4/1/93 '..I.. W; OCCURRENCE OTHER THAN UMBRELLA FORMYTrTt* 'nSTATUTORY S 15,000 11 S 15.000 Tar '..: �nsgyr i C WORKERS' COMPENSATION UCD -01-1607 4/1/92 4/1/93 S 1 ��� EACH ACCIDENT = 1,000 DISEASE, POLICY LIMIT AND EMPLOYERS' LIABILITY. f 1,000 DISEASE, EACH EMPLOYEE LONGSHOREMEN'S AND HARBOR��P STATUTORY WORKERS' COMPENSATION DESCRIPTION OF OPERATIONS( LOCATIONWEHiCLES IRESTRICTIONSISPECWL ITEMS: ALL OPERATIONS PERFORMED FOR THE CITY OF NEWPORT BEACH BY OR ON BEHALF OF THE NAMED INSURED IN CONNECTION WTFH THE FOLLOWING CONTRACT; -Newport Island Street and Alley Replacement C -2915 . PROJECT TIRE AND CONTRACT NUMBER CERTIFICATEx HOtDER3 r�CANCEI.LATION * 4�?f . 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 A NTION: c L AUTHORLEED REP - EMATNE ISSUE DATE I 4 • • Page 11 GENERAL LIABILITY:INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for General Liability, the City of Newport Beach, its officers and employees are additional insureds, but only with respect to liability arising out of operations performed by or on behalf of the named insureds in connection with the contract designated below or acts and omissions of the additional insureds in connection with its general supervision of such operations. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: 5/91 "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 1 of this endorsement shall be the limits indicated below written on an "Occurrence" basis: (g) Commercial ( ) Comprehensive General Liability $ 1.000.000 each occurrence $ 2,000 aggregate The applicable limit of Contractual Liability for the company affording coverage shall be reduced by any amount paid as" damages under this endorsement in behalf of the additional insured(s). 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, Attention: Public Works Department. 7. Designated Contract: Newport Island St. and Alley Replacement Project Title and Contract No. C -2915 This endorsement is effective 2/3/93 at 12:01 a.m. and forms a part of Policy No.NGB0102635 of RELIANCE NATIONAL INSURANCE (Company Affording Coverage). Insured: GRIFFITH COMPANY Endorsement No ISSUING COMPANY By: G,r Authorized resentative WENDY BEZUIDE9 UT 5/91 • i Page 12 AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT It is agreed that: 1. With respect to such insurance as is afforded by the policy for Automobile Liability, the City of Newport Beach, its officers and employees are additional insureds, but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage." 3. The limits of liability under this endorsement for the additional insureds named in Paragraph 1. of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit: 5/91 { ) Multiple limits Bodily Injury Liability $ per person Bodily Injury Liability $ per accident Property Damage Liability $ (}c) Combined Single Limit Bodily Injury Liability & Property Damage Liability $ 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. E 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 Works Department. 5. Designated Contract: Newport Island Street and Alley Replacement Project Title and Contract No. C -2915 This endorsement is effective 2/3/93 at 12:01 a.m. and forms a part of Policy No. NKA0102633 of RELIANCE NATIONAL INSURANCE (Company Affording Coverage). Insured: GRIFFITH COMPANY Endorsement No.: ISSUING COMPANY Authorize Re sentative WENDY BEZUIDENHO 5/91 • Page 13 . • � • . r � . �1: �.. �� . aim �}��3�i "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." February 5, 1993 Date C -2915 Contract Number 5/91 Griffith Company Name of Con actor (Pr ncipal) THOMAS L. FOSS VICE PRESIDENT Author zed S nature and Title yam. i 1 I�� r�, F t ter - TT! !� 1 E I O IIL � r�CI RrT�STT�Yl�pq� Newport Island Street and Alley Replacement Title of Project Page 14 CONTRACT THIS AGREEMENT, entered into this c =�y of 192!, by and between the CITY OF NEWPORT BEACH, hereinafter "C t ," and , it hereinafter tor," "Contrac is ma a wh reference to the following facts: A. City has heretofore advertised for bids for the following described public work: Newport Island Street and Alley Replacement C -2915 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: Newport Island Street and Alley Replacement r_�915 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. 5/91 2. As full compensation for the performance and completion of this work as prescribed above, City shall pay to Contractor the sum of Four Hundred Twenty Five Thousand_ t�tie`'HUndreQ &7hlrty -F�Ve lo,-L. -Vdrs This compensation includes: {$425,135.00) "` (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. E 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 Newport, Island Street and Alley Replacement _291S 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. APPROAD AS TO FORM: PTY ATTORNEY /ATTEST: CITY CL 5/91 CITY OF NEWPORT BEACH A Municipal Corporation B a o Griffith Company Name of Contractor —I;e.' '--e �S_f- THOMAS PRESIDENT Autho lzed Signature and Title CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT L DEX FOR SPECIAL PROVISIONS NEWPORT ISLAND STREET AND ALLEY REPLACEMENT CONTRACT NO. 2915 I. SCOPE OF WORK . . . . . . . . . . . . . . . . . . . . 1 II. CONTRACTOR'S LICENSES . . . . . . . . . . . . . . . . 1 III. HOURS OF WORK . . . . . . . . . . . . . . . . . . . . 1 IV. TRAFFIC CONTROL AND ACCESS . . . . . . . . . . . . . 2 V. COMPLETION, SCHEDULE AND PROSECUTION OF WORK . . . . 2 VI. ADDITIONAL SUBGRADE PREPARATION . . . . . . . . . . . 4 VII. PAYMENT . . . . . . . . . . . . . . . . . . . . . . . 4 VIII. LIQUIDATED DAMAGES . . . . . . . . . . . . . . . . . 5 IX. NOTICE TO RESIDENTS AND "NO PARKING" SIGNS . . . . . 5 A. Notice to Residents . . . . . . . . . . . . 5 B. "NO PARKING -TOW AWAY" Signs . . . . . . . . . . . 5 C. Street Sweeping Signs . . . . . . . . . . . . . . 6 i X. CONSTRUCTION SURVEY STAKING . . . . . . . . . . . . . 6 XI. WATER . . . . . . . . . . . . . . . . . . . . . . . . 6 XII. STEEL PLATES . . . . . . . . . . . . . . . . . . . . 6 XIII. SURFACE AND GROUNDWATER CONTROL . . . . . . . . . . . 6 XIV. WATER SERVICE . . . . . . . . . . . . . . . . . . . . 6 XV. TEMPORARY BYPASS WATER SYSTEM . . . . . . . . . . . . 7 XVI. CONSTRUCTION DETAILS . . . . . . . . . . . 7 A. Street and Alley Construction . . . . . . . . . . 7 B. Water Main Replacement . . . . . . . . . . . . . 8 C. Storm Drain Installation . . . . . . . . . . . . 9 D. Replacement Bulkhead Coping and Fence . . . . . 10 E. Sewer Main Replacement . . . . . . . . . . . . 11 XVII. BASE MATERIAL . . . . . . . . . . . . . . . . . . . 13 XVIII. ASPHALT CONCRETE . . . . . . . . . . . . . . . . . 13 XIX. TEMPORARY RESURFACING . . . . . . . . . . . . . . . 13 XX. SOLID WASTE DIVERSION . . . . . . . . . . . . . . . 13 XXI. RAISED PAVEMENT MARKERS . . . . . . . . . . . . . . 14 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS NEWPORT ISLAND STREET AND ALLEY CONTRACT NO. 2915 I. SCOPE OF WORK 1 The work to be done under this contract consists of removing, replacing and abandoning existing 'oiater"'lnains and sewer mains; constructing storm drains; removing and replacing existing alley and street improvements; removing and reconstructing bulkhead coping and railing at Channel Place and 19th Street; adjusting existing City -owned utility frames and covers to finished grade; 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 Nos. W- 5187 -5, R- 5614 -5, A- 5127 -5 and M- 5304 -L), (3) the City's Standar , (1991 Edition); and (4) the (1991 Edition), including supplements. Copies of the Standard Special Provisions and Standard Drawings may be purchased at the Public Works Department for Five Dollars ($5.00). Copies of the Standard Specifications may be purchased from Building News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, telephone (213) 202 -7775. II. CONTRACTOR'S LICENSES At the time of the award and until completion of work, the Contractor shall possess a General Engineering Contractor "A" License. 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 in 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, November 11th or December 25th falls on a Sunday, the following Monday is a holiday. SP 2 of 14 IV. TRAFFIC CONTROL AND ACCESS The Contractor shall provide traffic control and access in accordance with Section 7 -10 of the Standard Specifications and the Work Area Traffic Control Handbook (WATCH) also published by Building News, Inc. V. 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, 1993. B. The Contractor shall schedule his work in such a manner as to allow the greatest possible access for Newport Island residents. C. The Contractor shall complete all work on each alley or street segment within thirteen (13) consecutive calendar days after beginning work on that alley or street segment. The term "work" as used herein shall include all removals, adjustments, and replacements, and construction of storm drains, water and sewer improvements, alley approaches, street and alley pavement, curb and gutter, cross gutters, driveway approaches, sidewalk, and access ramps. The term "alley or street segment" as used herein shall be defined as that portion of a street or alley from intersecting street to the next intersecting street. Also included within the specified period is curing time for new P.C.C. improvements. In summary, this means that each segment and every garage approach with access within that segment must be returned to normal vehicular use within thirteen (13) consecutive calendar days 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 in additional site until he has exerted extra effort to meet his original schedule and has demonstrated that he will be able to maintain his approved schedule in the future. Such stoppages of work shall in no way relieve the Contractor from his overall time of completion requirement, nor shall it be construed as the basis for payment of extra work because additional men and equipment were required on the job. The Contractor will be assessed $500.00 per day (including Saturdays, Sundays and holidays) liquidated damages for each day in excess of the thirteen (13) consecutive days allowed for 100% completion of the construction work at each alley SP 3 of 14 or street. Additional liquidated damages shall be assessed for failure to complete the project as specified under Section VII, Liquidated Damages. The intent of this section of the Special Provisions is to emphasize to the Contractor the importance of prosecuting the work in an orderly, preplanned, continuous sequence so as to minimize the time an alley or street is closed to vehicular traffic. D. The Contractor's schedule shall consider the phasing of water main construction, testing, disinfection, and connection to the existing system. The Contractor shall use the following guidelines in establishing this schedule: 1. No connections to existing water mains will be permitted until the new main has satisfactorily passed the hydrostatic test and has been disinfected and has satisfactorily passed bacteriological testing. 2. Hydrostatic pressure testing will be permitted against new valves. The test pressure shall be 225 PSI. Any temporary bulkheads for thrust resistance will be the responsibility of the Contractor. 3. Cutting -in of new water mains shall be done at times resulting in the least disruption of water service. Shutdowns to residences of up to four hours during the day will be permitted and will not require a temporary by -pass. Operations requiring a longer shutdown period will require a temporary by- pass. The Contractor shall notify the City's Utilities Superintendent, Mr. Peter Antista, (714) 644 -3011, at least 48 hours in advance of the need to shut down or connect to any existing water mains. No shutdown will be allowed on Fridays, Saturdays, Sundays, holidays or after 12:00 noon. The Contractor shall not operate existing water valves except in cases of extreme emergency. E. The Contractor's schedule shall include the following: 1. The Contractor shall begin his work with the reconstruction of Alley 334 -B including approaches. The Contractor shall schedule the reconstruction of the alley approaches with the replacement of the alleys. SSP 4 of 14 2. The Contractor shall sawcut, remove and replace curb, gutter, sidewalk, driveway approaches and curb access ramps prior to removing street pavement. After completing the construction of the curb, gutter, and sidewalk the Contractor shall remove the remaining street pavement, excavate and place the untreated base material and asphalt base course, and open the roadway to the residents. The Contractor shall place the 1" asphalt finish course as the final phase of construction, working out from the more extreme ends of Newport Island to the 38th Street bridge. The Contractor shall not remove more than twenty (20) driveways at any one time. The Contractor shall replace the roadway with new base and base course of asphalt prior to starting work on another section of roadway. 3. The Contractor may close the 38th Street bridge for no more than 30 minutes at a time, between the hours of 9 A.M. to 3 P.M., during construction. The bridge shall always be immediately reopened for emergency vehicles. F. The Contractor is responsible for ensuring the availability of all material prior to the start of work. Unavailability of materials will not be sufficient reason to grant the Contractor an extension of time for 100% completion of work at each alley or street. G. No work shall begin until a schedule of work has been approved by the Engineer. VI. UNSUITABLE SUBGRADE MATERIAL The City is aware that certain areas in the project limits may contain unsuitable subgrade material. Therefore the Contractor shall prepare his bid with the understanding that he will excavate and dispose of the unsuitable material and install imported untreated base material per section 400 -2 of the Standard Specifications. Payment for this item of work shall be at the stipulated unit price of $15.00 per ton. Locations of the work shall be at the sole determination of the Engineer upon observation of the native subgrade. VII. 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. SP 5 of 14 Payment for incidental items of work not separately provided for in the proposal shall be included in the unit price bid for each item of work. Partial payments for mobilization and traffic control shall be made in accordance with Section 10264 of the California Public Contract Code. VIII. LIQUIDATED DAMAGES Commencing on August 1, 1993, the Contractor shall pay to the City, or have withheld from monies due the Contractor, the daily sum of $500.00 in lieu of the daily sum of $250.00 specified in Section 6 -9 of the Standard Specifications. IX. NOTICES TO RESIDENTS AND "NO PARKING" SIGNS A. Notice to Residents Forty -eight (48) hours before restricting vehicular access to garages or parking spaces, the Contractor shall distribute to each affected address a written notice stating when construction operations will start and approximately when vehicular accessibility will be restored. Twenty - four (24) hours before shutting off water service, the Contractor shall distribute to each affected address, as determined by the Engineer, a separate written notice stating the date and time the water will be shut off and approximate time the water will be turned back on. The written notices will be prepared by the Engineer. The Contractor shall insert the applicable dates and 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 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. • • SP 6 of 14 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 the street sweeping signs on Newport Island in a manner approved by the Engineer. Immediately after completion of the work and upon removal of the "NO PARKING -TOW AWAY" signs, the Contractor shall uncover the street sweeping signs. X. CONSTRUCTION SURVEY STAKING Field staking control of construction will be provided by the Engineer. XI. 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. XII. 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. XIII. SURFACE AND GROUNDWATER CONTROL Groundwater will 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. XIV. WATER SERVICE Water service shall be maintained at all times to residences except as permitted in Section V. The Contractor's methods of providing such continuous service shall be approved by the Engineer prior to construction. • i SP 7 of 14 XV. TEMPORARY BYPASS WATER SYSTEM The Contractor may obtain, at no cost, a temporary bypass water system for use on this project. The Contractor shall make arrangements to obtain the bypass from Mr. Peter Antista, Utilities Superintendent, at (714) 644 -3011. The Contractor shall be responsible for transport to and from the job site and for application at the job site. The Contractor shall reimburse the City for all materials damaged or borrowed and not returned. XVI. CONSTRUCTION DETAILS A. Street and Alley 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, water valve covers, and monuments prior to the placement of pavement. The Contractor shall be responsible for any damages to existing utilities resulting from his operations. 3. P.C.C. 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 P.C.C. alley approaches. The Contractor shall reconstruct the sidewalk area adjacent to the new street lights per City of Newport Beach Standard - 202 -L -A. The cost of reconstructing the sidewalk adjacent to the street light standards shall be included in the cost of constructing P.C.C. sidewalk. The Contractor shall place a temporary P.C.C. sidewalk adjacent to existing power poles. The temporary slab shall be a maximum of 4 feet wide with felt expansion joint material at each end. The Contractor shall hold the flow line tolerances to within 0.01 feet of those elevations shown on the plan. 4. Encroaching Improvements 10 SP 8 of 14 The Contractor shall salvage any brick encroaching in the alley in conflict with the work, and stack it neatly on the property adjacent to the alley. 5. Patch Back The Contractor shall patch back AC and P.C.C. 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. Water Meter Boxes The Contractor shall remove existing concrete water meter boxes and covers. The Contractor shall provide and install new water meter boxes and covers to match the proposed grade of the new alley. 7. Water and Sewer Curb Indicators The Contractor shall replace any existing curb markings that indicate sewer lateral or water valve location on the face of the curb. The Contractor shall mark the curb with a chiseled "S" for sewer lateral and a chiseled "V -x" for a water valve location. "x" shall indicate the number of feet from the curb face to the valve. B. Water Main Replacement 1. Materials The Contractor shall use ductile iron, Class 52, pipe materials at all locations. a. Pipe and Fittings Water pipe and fittings shall conform to Section 207 -9 of the Standard Specifications. b. Encasement Ductile iron pipe shall be encased in minimum 8 -mil. polyethylene. C. Ductile Iron Pipe Installation Ductile iron pipe laying shall be performed in accordance with the recommendations of the manufacturer and as described in the most recent L1 SP 9 of 14 publication of AWWA C600 Installation Guide. Care shall be used to prevent damage in handling, moving, and placing the pipe. It shall not be dropped, dragged, nor handled in such a manner as to cause scratches, bruises, cracks, or chips. 2. Water Main Abandonment Water main abandonment shall include the following: a. Abandoned pipe openings shall be plugged with 4 inches minimum Class E mortar. b. All water valves to be abandoned shall be left with the valve set in the open position, unless otherwise indicated. 3. Water Meter Boxes See "Construction Details," Section XV, A.6. C. Storm Drain Installation The Channel Place bulkhead shall be opened with a circular hole of minimum diameter 1 -inch greater than of the outside diameter of the outfall pipe. The Contractor may use 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 sound mortar, and to ensure a leakproof structure. Should leaks occur the Contractor shall re -do the work or make other appropriate remedial repairs. Beach site maintenance will be done in accordance with Section 7 -8 of the Standard Specification. The Contractor shall maintain the 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 regardless of the material's origin. The section of pipe that extends from the street end inlet structure into the bay shall be Asbestos Cement Pipe 3750 -D or stronger. The pipe shall be joined by rigid couplers located at the concrete pipe anchors. The Contractor, at his option, may use the following alternative materials for the remainder of storm drain conduit: 0 SP 10 of 14 Polyvinyl Chloride pipe - -SDR 35 or thicker. 2. Asbestos Cement Pipe -- 2000 -D or stronger. D. Replacement Bulkhead Coping and Fence The Contractor shall demolish and remove the existing fence, railings and coping along the Channel Place and 19th Street end bulkheads in a manner which prohibits the removals for entering the waters of Newport Bay. The Contractor shall construct new coping and railings in a manner which prohibits all construction materials from entering the waters of Newport Bay. New railings shall be an aluminum baluster type with reinforced posts. Posts, upper and lower railing shall be extruded aluminum (1.900" min. O.D, sch. 40) 6063 -T6 alloy. Reinforcing sleeves and splices shall be drawn aluminum tubing (1.600" min. O.D. X 18" minimum length) 6063 -T832 alloy. Posts shall have a 5 foot maximum spacing. Pickets shall be 0.75" min. O.D. aluminum with 6 inch maximum spacing. Aluminum shall be anodized with a clear satin finish, architectural Class I. The anodic coating shall have a minimum coating thickness of 0.7 mils and a minimum coating weight of 32 mg. per square inch in accordance with the Aluminum Association Designation AA- M12-- C22 -A41. Joints shall be internally welded with a minimum gap. The Contractor shall protect steel reinforcement of existing bulkhead panels and tie rods. Existing reinforcement and tie rods shall be chipped, sand blasted and otherwise cleaned free of rust, concrete and other deleterious materials to bare metal for inclusion in placement of coping concrete. Concrete for the coping shall be Class 650 -C -4000 with a maximum slump of 4 inches. The Contractor is advised that bulkhead integrity depends upon the tensile support provided by the tie rod which connects the coping to an anchor block within the soil behind the bulkhead. Consequently, when the Contractor removes an existing coping for reconstruction, the bulkhead loses some of its lateral support and may be pushed over by backfill soil pressure. Accordingly, the Contractor shall provide for temporary lateral bulkhead support (such as bracing) or shall remove backfill soil, etc. to assure the integrity of the bulkhead during coping reconstruction. The Contractor's method shall be submitted to the Engineer in accordance with Section 2 -5.3 of the Standard Specifications, and shall be accompanied by substantiating l v � • 0 SP 11 of 14 calculations prepared by a Civil or Structural Engineer registered by the State of California. E. Sewer Main Replacement 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 The Contractor shall select one of the sewer alternatives listed below. The Contractor shall construct the entire sewer main, sewer lateral connections, cleanouts and manhole connections using the selected alternative. a. Vitrified Clay Pipe (VCP) 1. Sewer Main Sewer main pipe, sewer laterals, sewer cleanouts, and fittings shall be extra strength vitrified clay pipe (VCP). 2. Sewer Laterals The Contractor shall reconnect the existing sewer laterals and install a sewer cleanout, at the property line, for each sewer lateral. 3. Manhole Connections Manhole connections shall be watertight. The vitrified clay pipe shall be cement - grouted to existing manholes. 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. b. Polyvinyl Chloride (PVC) Sewer Main Sewer main pipe, sewer laterals, sewer cleanouts, and fittings shall be polyvinyl chloride (PVC) SDR 35 and shall conform to the requirements of ASTM D1784 and 3034. The PVC pipe shall have a nominal diameter of 8 except for smaller sized house connections, SP 12 of 14 and shall have integral bell and spigot connections with elastomeric gaskets. 2. Sewer Laterals See Section XV, E.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 2'k to 3 parts sand to which 1 /10 part lime may be added. 2. Sewer Main Abandonment a. Sewer Manhole Removal The Contractor shall remove the manhole frame and cover and return it to the City's Utilities Department and 949 W. 16th Street. The existing manhole shall be abandoned in place and backfilled with sand /cement slurry per standard specifications. b. Sewer Main Abandonment Sewer main abandonment shall be per Section 306 -5 of the Standard Specifications. The concrete plug will consist of a two sack cement mixture. SP 13 of 14 XVII. BASE MATERIAL The Contractor may use crushed aggregate base or crushed miscellaneous base as his subbase material in accordance with Section 200 -2.2 and 200 -2.4, respectively, of the Standard Specifications. XVIII. ASPHALT CONCRETE Prior to placing A.C., a prime coat shall be uniformly applied to the base material, per Section 302 -5.3. In addition a tack coat of Type SS -lh asphaltic emulsion, at a rate not to exceed one -tenth (1 /10) of a gallon per square yard, shall be uniformly applied to A.C. or portland cement concrete edges against which asphalt concrete is to placed. The surface shall be free of all loose material or dust when the tack coat is applied. The work shall be done in accordance with Section 302 -5 and 400 -4 of the Standard Specifications, except as modified and supplemented below: 1. The surface shall be free of all dirt, debris, water, and vegetation prior to overlay. The asphalt concrete base course shall be 3" of III -B -AR -4000. 3. The asphalt concrete finish course shall be 1" of III -D -AR -4000. XIX. 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 storm drains, water mains, water services, sewer mains and sewer lateral connections. Temporary resurfacing shall be 2" in thickness, and is required over all excavated pavement areas. XX. SOLID WASTE DIVERSION The Contractor shall either 1) apply for and obtain a no -fee solid waste self -haul permit from the City's Business License office, or 2) subcontract with a private solid waste hauler already permitted to operate within the City. 1' SP 14 of 14 Unless specified elsewhere in this contract, all non - reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility which crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill. The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnages monthly to the Engineer on a form provided by the Engineer. XXI. RAISED PAVEMENT MARKERS The Contractor shall provide and install new raised pavement markers for location of fire hydrants conforming to City of Newport Beach Std. 902 -L. � " r ♦- s n H b n CD CZ1 Tmj ° Z 7 � m - oO LP rri n Q Z S Z �' S czi. m z 0 3 I � VI WC m m' a An r mom• O a I I ON = mM 1 I N II m C U MMZ NZF5 y, nm m I LD ,°fin Rai 2 II ~oll Ilml o 9J^C z � • m � fr Il I II $ro fl 3 I I II W= � u' ox JOIN c n H b n CD CZ1 Tmj ° Z 7 � m - oO LP rri n Q Z S Z �' S czi. m z 0 3 I � VI WC m m' a An r mom• O a ON = mM N m ti 2 S Z m C U MMZ NZF5 y, nm m I LD II ~oll Ilml o 9J^C N rm p�o + 9 Z g F �� Z 0 i.Jl z or m M m Zr N fl 3 I I II W= � Mm m$ c m= z c n] itii r=-1 Z • ,'gyp m 31 N$ r g m ui z m i z x n H b n CD CZ1 Tmj ° Z 7 � m - oO LP rri n Q Z S Z �' S czi. m z 0 3 I � VI WC m m' a An r mom• A w P m A I+ O a ON = NlINm11 /Al I dll xll 5,5,5, m I LD II ~oll N N I I II x i.Jl A w P m A I+ IN II it II I � nx II+ Il II I I J wl ��' -gym I I I ml �x nx Y °ov xm�I�l I l mm�n m Oil 5'+ Z z 9 0m Pa- ` n r n T m < O a = NlINm11 /Al � dll xll O / m I I II ~oll I I I II x II II I I I II IN II it II I � nx II+ Il II I I J wl ��' -gym I I I ml �x nx Y °ov xm�I�l I l mm�n m Oil 5'+ Z z 9 0m Pa- ` n r n T m < O a /Al 3 Q O / 2 � r r r � g 30 ti K aap DEC 1 4 December 14, 1992 CITY COUNCIL AGENDA •APPROVED- ITEM NO. 23 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: NEWPORT ISLAND STREET AND ALLEY REPLACEMENT (C -2915) 1. Affirm the Categorical Exemption of Environmental impact. 2. Approve the plans and specifications. Authorize the City Clerk to advertise for bids to be opened at 1 =r 1943. DISCUSSION: • This project provides for the removal and replacement of streets, curbs, sidewalks and alleys; the replacement of 320 lineal ft. of water main; and the construction of 275 lineal ft. of storm drains within Newport Island. The contract also includes the reconstruction of seawall coping and railing at the ends of Channel Place and 19th Street, as shown on the attached Exhibit "A ". The replacement of the alleys, curbs and streets will facilitate drainage and provide a smooth driving surface.. The replacement of the water mains will improve domestic water service and provide increased pressure and reliability for fire protection. The construction of the storm drains will improve drainage from Newport Island and eliminate standing water problems. The reconstruction of the seawall coping and railing at Channel Place and 19th Street will replace the deteriorated seawall coping and fence thereby providing for greater pedestrian safety and bulkhead integrity. The street and alley work is being performed after completion of undergrounding utilities on Newport Island. The • public utilities will complete their work in the streets and alleys by January 31, 1993. The street and alley replacement work can begin upon completion of the utilities work in the streets and alleys. The Engineer's construction estimate is $460,000. Sufficient funds to award this amount are available in the Newport Island Street and Alley Reconstruction and the Harbor Street End Improvement Program appropriations. Subject: Newport Island Street and Alley Replacement (C -2915) December 14, 1992 Page 2 • A Categorical Exemption has been prepared by staff and approved by the Environmental Affairs Committee. Upon affirmation, the exemption will be filed with the County Clerk. The plans and specifications were prepared by the Public Works Department. All work should be completed by June 30, 1993. 441.� Oki Benjamin B. Nolan Public Works Director SL: so • Attachment Subject: Newport Island Street and Alley Replacement (C -2915) December 14, 1992 Page 2 • A Categorical Exemption has been prepared by staff and approved by the Environmental Affairs Committee. Upon affirmation, the exemption will be filed with the County Clerk. The plans and specifications were prepared by the Public Works Department. All work should be completed by June 30, 1993. Benjamin B. Nolan Public Works Director SL: so • Attachment is i Authorized to Publish Advenisements of all N udmg public notices by Decree of the Superior court of Orange County, alifomia, Number A -6214, September 29, 1961, and A -24831 June 11, 1963 STATE OF CALIFORNIA County of Orange I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a 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: December 18, 22, 1992 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on December 22 199 2 at Costa "a, California Signature 9 PROOF OF PUBLICATION Q-n