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HomeMy WebLinkAboutC-3004(J) - Groundwater Development Project - 36-inch Water Transmission Main Reach No. 1 (stop notice in file)4 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 January 6, 1997 Vido Artukovich & Sons, Inc. 11155 Rush Street South E1 Monte, CA 91733 (714) 644 -3005 Subject: Surety: United Pacific Insurance Company Bond No.: U242 50 65 Contract No.: C- 3004(J) Project: 36 Inch Water Transmission Main Reach No. 1 Groundwater Development Project On May 13, 1996, the City Council of Newport Beach accepted the work of the 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 May 20, 1996, Reference No. 19960252739. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk LH:ib cc: Public Works Department 3300 Newport Boulevard, Newport Beach From: To: Subject: Date: Priority: Linda I.J Moritz, Terresa Martinez RE: C- 3004(J) Vido Artukovich Monday, January 06, 1997 11:15AM High • All of the STOP NOTICES have been taken care of. The 7490 was an original amount that was waived and then a STOP NOTICE was issued for the difference that they were not paid. That amount of 990 was subsequently released. So everything with Artukovich has been taken care of and a NOTICE OF COMPLETION was filed. in May 1996. Terresa. -4 AG 209 3WO 3 1 CALIFORNIA RELEASE OF STOP NOTICE (Public or Private Work) ra woe %4_ 0/4-:7- &45 V1_/ 65E47CIA/ Cops zr:-: --fion Lender (or.parly with whom Stc-P 'f (Address) af3 I.Piaby notified that the umders,gned releases :`. °: c�_r1aiP St•_-,c Nct:ce date-' it the a:--,ol,nt of $ — V jy Z.20 azi cr lt-dy end (4f a.pphcalb:e,' as P,•7 i? wtih the c; i.-norcvement kno•r+n as 12 15, Date COPIES SENT �T: • Mayor ❑ CourdIman ❑ Manager ,Zm0mey • Bldg. DIE • GenServDir. • PB & R DIE ❑ Planning Dir • Police Chief ,--rrW Dir ,-i-0,her u' Assc:iwec: General Cort;a=-so4 Cakform a. 'nc. S^e0 i;:irm Name) ey {Signature'; AGCC -21 42 STATE OF CA,-1F( I CCU CF ASS. On before me, the unders A Notary Public in and for sai S —rwrally 4 appy d jq proved to me -.amfactory evidence whose ... --_,t,o � suncribed to the rs;rumpnt and acknowledged that ex?,-.,-d the same. rr.v ti2.,d 2- . . "', - i � I.. � I - — Seal. 4?lp L 0 P U WLUS JUNE ::4HM COMM. * 10M2 Notary Pub#c - CoUlfoffho LOS ANGELES COUNN JaMy Comm. Eg*m DEC 6, 1997 01 P.04 II (This area t0r NO'E: This document has important -Jnnliltation with an attorney is encouraged with respect to Its use or modification. 7)"s fo.,,-1 is intended tii meet the requirements of California law as of OctcLer 1. 1989. TOTRL P.04 To: I Mayor 1 ACot01� e 9% GenSwilk PB & RDk PlannInIll Pollceali /0'her f�cc�s flip/ City of Newport STOP NOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS (Public or Private Work) (Per California Civil Code Section 3103) Beach dame Of owner public body or conslmetod fund holder) Project: 12 "'Water Main )Name) FIR X3 3300 Newport Blvd I P.O.Box 1768 Ra1hna & 1l Th (Addrs If assn, use address of crunch holding fund) (Add assr Newport Ca. 92658 -8915 Newport Beach Icly state and zip] )_Cry _ state and rip) TAKE NOTICE THAT Peirce Chlorine P.O.Box 6489 Anaheim Ca. 92816 (Name of the Tensed or Inch claiming due stop notice. Lc¢nsed cnntmetprs must Iae Ne name ender wnmh [onV3etni 56cense a Isslledl whose address is (Address of person or mm clatmmg stop noheet has performed labor and furnished materials for a work of improvement described as follows . icame and reason of the project wrote wam of materials were humanist The labor and materials furnished by claimant are of the following general kind, Chlorination Ho�rdrostatic Testing, All Materials & Equipment (Kind of labor se,des equipment. ormatedals fermsee0 ar agreed to ce ILmisned by fpinranU The labor and materials were furnished to or for the following party: Art.ukovi t.rh F. Strang Tnr _ 11155 Rush St. South E1Monte Ca. 91733 (Name of the carry who ordered the'work or maleralsf Total value of the whole amount of labor and materials agreed to be furnished is: ................................. S 990.00 The value of the labor and materials furnished to date is:..12/29/95 1/5/96 ...................... $ Claimant has been paid the sum of ........ ........ ........._ ....._...... $ Ncne and there is due, owing and unpaid the sum of You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. FIRM NAME: Peirce Chlorine Anaheim (Name of slap noUCe gaimantl / �— (Owner or agent of stop notice claimant most sign park and verify thdowl VERIFICATION I, the undersigned, say: I am the )'President(I Apartner of -. "Owner of - .'Agent of ereJ the claimant named in the foregoing Stop Notice, I have read said Stop Notice and know the contents thereof, the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 2/15/96 19 (Dale this document was signed) at Anaheim „California. (Name of qty where stop no e Forgot (Personal signature of the morn ual who Is swearing that the contents of stop notice are tree) REQUEST FOR NOTICE OF ELECTION (Private Works Only) (Per California Civil Code Section 3159, 3161, or 3162) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161, or 3162. Signed: must enclose sell- addressed stamped envelope) See reverse side for additional information. WOLCOTTS FORM 094 —STOP NOTICE —Rev. 4 -91 none cfass 3) Before you use this lonm . read it, fill in all blanks. and make whatever changes are appropriate and necessary to your pad6efar c 1991 WOLCOTTS. INC. Imnsachon. Consul a lawyer If you doubt the form's fitness for your purpose and use Wblcore makes no representation or warianty, cuteness or Implied with respect to the merchantability or Illness of this form for an intended use or purpose. z IIIIIIIIIIIIIIIII II IIIIIIIIIII 2 ADDITIONAL INFORMATION (1) On a public job, file a stop notice with the controller, auditor, or other public disbursing officer whose duty it is to make payments under the prime contract, or with commissioners, managers, trustees, officers, board of supervisors, board of trustees. Civil Code § §3179 -3214. (2) On a private job, file a stop notice with responsible officer or person at office or branch of construction lender administrating funds or with owner. Civil Code § §3156 -3175. (3) A stop notice is good only following the filing of a preliminary notice 20 days after the claimant first furnishes work or materials to the job site. Rules on preliminary notice for public and private work vary, so consult an attorney if you are uncertain that you have complied with the notice requirements. (4) A bond for one and one quarter times the amount of the stop notice claim must accompany a stop notice served on a construction lender on private jobs —a bond is not required on public jobs or on a stop notice served on an owner for private jobs. Air. ONAIVER OF LIE1W LABOR ANDIOR MATERIALS KNOW ALL MEN BY THESE PRESENTS: 4/6/ 1996 WHEREAS, I the undersigned, Arnnt i Pnrt Gmnnth of Anaheim ,California, ha •ems`' _been employed by Peit-ce Minrina agreement tofurnish All Materials & Pauipment Hydrostat for the ic Testing for the building known as And Chlorination 1211 Water Mains Conditional to Joint Check to Artukovich & Peirce Chlorine NOW, THEREFORE, BE IT KNOWN, That the undersigned, for and in consideration of Nine Hundred & Ninety 990.00 DOLLARS, and other good and valuable considerations, the receipt whereof is hereby acknowledged, do —__ hereby waive and release any and all lien, or claim or right of lien on said above described building and premises on account of labor or materials, or both, furnished or which may be furnished by the undersigned to or on account of the aforesaid— agreement for said building or premises. Given under MV hand— and seal this 6 th day oof�f� WAIVER— WOLCOTTS Forty+ 1472 A SUBSIDIARY OF AMERICAN STATIONERY PRODUCTS CORP. :i Mayor • councilman Win" STOP NOTICE Bldg. Dft GenSetvDlt LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS Li PB &RDIC (Public or Private Work) Planning DM ❑ Police (Per California Civil Code Section 3103) V u W. DU ther R=io F`a To: City of Newport Beach (Name of owner. public body or construction fund holden 3300 Nevrport Blvd P.O.Box 1768 Assess if directed to a bank or savings and loan assn -use address of branch adding Iundl �� - �• • •YI:IGF:PI.Z• TAKE NOTICE THAT Project; 1211 & 3611 water Mains (Name: Costa Mesa & Newnort. Reach ! 'r %C' i i,titystaslate and ztpl Peirce Chlorine P.O.Box 6489 Anaheim Ca. 92816 IName of the person or firm claiming the stop chase licensed mr.tractors must use the name under which contractor s license Is Issued) whose address is P.O.Box 6489 Anaheim Ca. 92816 (Access of person or 1im, clothing stop nonce) has performed labor and furnished materials for a work of improvement described as follows: Chlorination Hvdrn.st.atic TPst.ing_ & Da- Chl nri nati nn ream¢ and location of the pmleet krom work o' mearrals we'd brushed The labor and materials furnished by claimant are of the following general kind: All Materials & Equipment (Rind of Marc services equipment or materials make ed n agreed to be Informed by Gaunduch The labor and materials were furnished to or for the following party: Artukovitch & Sons Inc. 11155 Rush St. South E1 Monte Ca. 91733 Name of 'he party who ordered the walk ar malold of Total value of the whole amount of labor and materials agreed to be furnished is: ................................. $ 7490.00 The value of the labor and materials furnished to date is: .1-2/29./95 - 1/5/96 For the 5 ?" T ino 1/31/96 13 Days For the 361 line Claimant has been paid the sum of :...................................................................... .............._................ $ „nna and there is due, owing and unpaid the sum of: ................................................................................ $ 7490,00 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. FIRM NAME: By: Peirce Chlorine stop VERIFICATION I, the undersigned, say: I am the Owner (Treeadent of . -A partner or. "Owner of- .'Agent or. etch the claimant named in the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 2/15/96 19 at Anaheim California. (Date this document was signed) IN of city If smp m ch / (Personal signaWm of Me individual who IS swearing Nat the contents or stop Optss are truer REQUEST FOR NOTICE OF ELECTION (Private Works Only) (Per California Civil Code Section 3159, 3161, or 3162) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161, or 3162. Signed: stamped on eloon See reverse side for additional Information. WOLCOTTSFORM 894— STOPNOTICE— Rev, 491 (once class 3) Before you use this form, read it. fill in all blanks, and make whatever changes are appmpnate and necessary to your oanicular c 1991 WOLCOTTS. INC. transaction. Consult a lawyer if you doubt Me form's fitness for your purpose and use. Waler makes no regmsemalmn or warranty , express or implied. wall, respect to Me merchantability or fitness of this term tar an intended use or purpose 4U ADDITIONAL INFORMATION 7 I1111111111111111811111111111 Z (1) On a public job, file a stop notice with the controller, auditor, or other public disbursing officer whose duty it is to make payments under the prime contract, or with commissioners, managers, trustees, officers, board of supervisors, board of trustees. Civil Code § §3179 -3214. (2) On a private job, Fite a stop notice with responsible officer or person at office or branch of construction lender adminisirating funds or with owner. Civil Code § §3156 -3175. (3) A stop notice is good only following the filing of a preliminary notice 20 days after the claimant first furnishes work or materials to the job site. Rules on preliminary notice for public and private work vary, so consult an attorney if you are uncertain that you have complied with the notice requirements. (4) A bond for one and one quarter times the amount of the stop notice claim must accompany a stop notice served on a construction tender on private jobs —a bond is not required on public jobs or on a stop notice served on an owner for private jobs. ONAIVER OF LIE1A LABOR AND/ MATERIALS OR air To Artukovitch & Sons Inc. APR 10 i996 KNOW ALL MEN BY THESE PRESENTS: 3/26/96 CStClea� ., WHEREAS, I _— the undersigned, Arnold Portsmouth M'EW?C1ORRT BEACH �.., of Anaheim California, ha ee —been employed by Peirce Chlorine —under a _ agreement to furnish Chlorination Hydrostatic Testing & De = Chlorination for the building known as 961- Water Mai n_-_ NOW, THEREFORE, BE IT KNOWN, That the undersigned, for and in consideration of $ 6500.00 DOLLARS, and other good and valuable considerations, the receipt whereof is hereby acknowledged, do_I hereby waive and release any and all lien, or claim or right of lien on said above described building and premises on account of labor or materials, or both, furnished or which may be furnished by the undersigned to or on account of the aforesaid agreement for said building or p mises. Given under hand and seal this___`__day of %Z¢ , 19 __(SEAL) Check Paid 3/20/96 (SEAL) WAIVER— WOLCO"s FORM 1472 A SUBSIDIARY OF AMERICAN STATIONERY PRODUCTS CORP. - ATI'C: WEYS AT LAW a Samuel Crowe me Fisch Rakesh C. Lal 1131 West Siath Street George W. Porter H. Reeder J. Michael Kaler Post Office Box 1515 Robert E. Dougherty glas Donesky Eric S. Vail Ontario, California 91762 Donald G. Haslam Tammy S. Jager Telephone (909) 983 -9393 Robert F. Schauer Douglas C. Frost FAX (909) 391-6762 Edward A. Hopson Howard S. Borenstein Maurice G. Covington Stephen R. Wade Denise Matthey Retired Jette R. Anderson Katrina West Audrey A Perri Kimberly A Rohn Harold A Bailin Tracy L Tibbals Richard R. Muir (1930 -1988) COVINGTO OWE April 11, 1996 Date 4 C�OESr SENT T0: � � w BY FACSIMILE TRANSMISSION AND U.S. ow�ilr MAIL D�9e� � 4� "'�ly!� ftvs Teresa Moritz �UAHOmey o Bldg. Dlt t► ❑ GenServ0lr. t CITY OF NEWPORT BEACH oPB&RDU. �/Zn����Z� Department of Public Works ❑PlanningDlf Utilities Division ❑ Pe!'eChief Post Office Box 1768t4t.Dir� Newport Beach, CA 92658 -8915 %'et /p Re: Prime Contractor: Vido Artukovich & Sons, Inc. Proiect: Ground Water Development, Reach #1, C- 3004 -J Our Client: Giangregorio Construction, Inc. Dear Ms. Moritz: We are attorneys for Giangregorio Construction, Inc., a subcontractor to the prime contractor, Vido Artukovich & Son, Inc., on the above - referenced project. Our client has filed a Stop Notice with you in the amount of $64,600.00 as a result of not being paid for work performed on this project. It is my understanding based upon a telephone conversation with Vido Artukovich & Son, Inc., that you are prepared to issue a joint check made payable to Giangregorio Construction, Inc., and Vido Artukovich & Son, Inc., upon receipt of this letter. You are advised that Giangregorio Construction, Inc., will accept a joint check in the settlement amount provided the same is duly endorsed by Vido Artukovich & Son, Inc., and upon negotiating that check, I, on their behalf, agree to give you a full and complete Release of the Stop Notice. Alternatively, our client would be willing to concurrently deliver the Release of Stop Notice to you in exchange for the joint check. Subsequent to filing the Stop Notice with you, our client was paid the sum of $6,400.00 and, therefore, there is due, owing and unpaid and the settlement amount $58,200.00. 0 0 Teresa Moritz CITY OF NEWPORT BEACH April 11, 1996 Page 2 0 If all of the above meets with your approval, please contact my secretary, Brenda, in order to make arrangements for the check to be picked up. Thank you and if you require anything else from Giangregorio Construction, Inc., please contact the undersigned directly. Respectfully, COVINGTON & CROWE, BY: ROBERT F. SCHAUER RFS:bdm cc: Giangregorio Construction, Inc. 0 RELEASE OF STOP NOTICE 0 TO: CONTROLLER /AUDITOR /PUBLIC DISBURSING OFFICER CITY OF NEWPORT BEACH Utility Department Post Office Box 1768 Newport Beach, CA 92658 -8915 FROM: GIANGREGORIO CONSTRUCTION, INC. Post Office Box 1118 Baldwin Park, CA 91706 4 Otto YOU ARE HEREBY NOTIFIED that the Stop Notice filed with you by Giangregorio onstruE 'on, Inc., a California corporation, in the amount f $64,600.00, f r work, labor, materials and equipment furnishe rsuan to that certain contract between the CITY OF NEWPORT BEACH and VIDO ARTUKOVICH & SON, INC., to be used and actually was used in that certain public work of improvement located in the County of Orange, State of California, and commonly known as Ground Water Development, Reach #1, C- 3004 -J, and located in the City of Newport Beach; is hereby withdrawn and released, the claim thereunder having been fully paid and satisfied and that certain Stop Notice, as aforesaid, filed with you by GIANGREGORIO CONSTRUCTION, INC., hereby releases the CITY OF NEWPORT BEACH from any further duty under Civil Code § 3186 and any other applicable provisions of law to withhold money or bonds in response to the aforesaid Stop Notice and waives any right of action against the CITY OF NEWPORT BEACH that might accrue thereunder. DATED: April 1.2—, 1996. C �n pQp MmZ F5 M D 12 GIANGREGORIO CONSTRUCTION, INC., BY: JAMES P. SLATER V 02 • ti a STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN BERNARDINO ) I, the undersigned, say: I am the Vice President of Giangregorio Construction, Inc., a California corporation; I have read the foregoing Release of Stop Notice and know the contents thereof, and the same is true of my own knowledge. Executed on this 12_ day of April, 1996, at Ontario, California. ,AMS P. SLATER SUBSCRIaYD AND SWORN to before me thi day of Apri 1996. NOTA&Y PUBL .:.. Kimberly A. Solis Comm 8989733 ^ U' cm NOTARY PUBLIC - CALIFORNIAU' ORANGE COUNTY O a - _ Comm Expires Maroh 31. 1997 J FROM GIANGREGORIO CONSTRUCTION 04.29.1996 12 15 NO. 3 P. 1 ' r GI.r N&iiI�1 ft°91L'�8�71 6 .T RO. BOX 7118 • BALDWIN f AnK. CA 91700 =1110 • (010) 337 =1248 / FAX (BIB) 337 6641 APRIL 29, 1996 *p 1p, AN in CITY OF NEWPORT BEACH N ATT: TE.RRESA MORITZ RE: ARTUKOVICH 6 SONS DEAR TERRESA, I AFOLOGIZE FOR THE ERROR IN OUR STOP NOTICE- THE (:ORRECT AMOUNT OWED IS $ 58,200.00. IF FURTHER INFORMATION 19 NEEDED IN RFCARS TO THIS MATTER PLEASE DO NOT HESITATE TO CALL ME. SINCERFT Y, ) JAMES P- SLATER,VICE- PRF,SIDENT Date s(� COPIES SM T 0 mayor 0 Coundiman 0 Marqu �ilttomey Bldg. Dir. r. GenServDit ?B & R lr. �- F! =nningDit r °!° eChist Dir 0 ATTORNEYS AT LAW Samuel Crowe 1131, West Sixth Street George W. Porter Pmt Office Box 1515 Robert E, Dougherty Ontario, California 91762 Donald G. Haslam Telephone (909) 983 -9393 Robert F. Schauer FAX (909) 391-6762 Edward A Hopson Stephen R Wade Jene R Anderson Audrey A Perri Tracy L Tibbals COVINGTODAOWE April 15, 1996 VIA FEDERAL EXPRESS Mr. Jim Slater GIANGREGORIO CONSTRUCTION, INC. 5102 Gayhurst Post Office Box 1118 Baldwin Park, CA 91706 -1118 me Fisch H. Reeder uglas Donmky Tammy S. Jager Douglas C Frost Howard S. Borenstein Denise Matthcy Katrina West Kimberly A Rohn Richard R Muir Rakesh C lal J. Michael Kaler Eric S. Vail Maurice G. Covington Retired Harold A Bailin (1930 -1988) Re: Vido Artukovich & Sons, Inc. Proiect: Ground Water Development, Reach #1, C- 3004 -J Dear Jim: Enclosed please find the executed Release of Stop Notice for your use in obtaining the funds from the the City of Newport Beach. Thank you. Respectfully, COVINGTON & CROWE, SUSAN J. j0TV.AM Paralegal Litigation /sjg Enclosure 464864 C) STOP NOTICE C cn o'GE���go� 9 _ o z _ (Public Works) "ry c� C) El L1 L1 N` MFR 199e 1 TO: CONTROLLER /AUDITOR /PUBLIC DISBURSING OFFICER +• ) CITY OF NEWPORT BEACH Utility Department Post Office Box 1768 Newport Beach, CA 92658 -8915 ftZ ARE HEREBY NOTIFIED that the undersigned Claimant, GIANGREGORIO CONSTRUCTION, INC., a California corporation, furnished work, labor, materials and equipment for concrete, rebar, grate and work related thereto to VIDO ARTUKOVICH & SON, INC., pursuant to that certain contract made between the CITY OF NEWPORT BEACH and VIDO ARTUKOVICH & SON, INC., for that certain public work of improvement commonly known as Ground Water Development, Reach #1, C- 3004 -J, located in the City of Newport Beach, State of California. The contract price and the value of the work, labor, materials and equipment agreed to be furnished is the sum of $64,600.00, and said sum was and is the reasonable value thereof; nothing has been paid or credited thereon, and there is now due and owing to Claimant, for and on account thereof, the sum of $64,600.00, in lawful money of the United States, after deducting all just credits and offsets, and the same has not been paid. The total amount due and owing to Claimant for and on account of all work, labor, materials and equipment furnished to the above- referenced work of improvement by Claimant is $64,600.00. WHEREFORE, the undersigned Claimant claims the benefit of the law given to laborers, materialmen and others under and by virtue #93302 0 0 of the provisions of Division 3, Title 15, Section 3103, and Civil Code §§ 3181 through 3214 of the State of California, and prays that you withhold from said original contractor, VIDO ARTUKOVICH & SON, INC., sufficient money that may be due it or that may become due it for said work to answer and pay the amount of this claim, to wit: $64,600.00. DATED: February 2,;7, 1996. CONSTRUCTION, INC., BY: t AMES 15. SLATE VERIFICATION I, JAMES P. SLATER, declare that I am the VICE PRESIDENT of GIANGREGORIO CONSTRUCTION, INC., a California corporation, the Claimant named in the foregoing claim, and am authorized to make this verification for and on behalf of said Claimant, and I make this verification for that reason. I have read said claim and know the contents thereof and the same is true and contains, among other things, a correct statement of Claimant's demands after deducting all just credits and offsets. I declare under penalty of perjury of the laws of the State of Califorrlia that the foregoing is true and correct. Executed on this day of February, 1996, at Ontario, California. SUBSCRIBED AND SWORN to on this day of February, 1996. NOTARY PUtlOtIC ,,, Kimberly A. Solis Comm #989733 OTARY PUBLIC CALIFORNIAV� ORANGE COUNTY O Comm Expires Marca 3t 7997 #93302 Release of Stop Notilcee TO: City Of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 -8915 R Rem You are hereby notified that the undersigned claimant releases that certain Stop Notice dated March 19, 1996 , in the amount $ 389.51 against City Of Newport Beach as owner or public body and Vido Artukovich & Sons, Inc. as prime contractor in connection with the work of improvement known as Contract # C -3004J Job # 83 in the City of Newport Beach, County of Orange , State of California Date Name Of Claimant Southdown, Inc dba Transit Mixed Concrete Company ByCy ---\ David C. Wilson, Credit Manager VERIFICATION I, the undersigned, state: I am the Credit Manager of the claimant named on the forgoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 4I YSI cio at Los Angeles, State of California. Date —5 � COPIESSM TO. M40r • Courdimert • Manager " irgomey j B!dg.Dit GenSery Dir. PB & R Dir. '!amirig Dir ,!ice Ch!ef D!r ier q /P David C. Wilson, Credit Manager 0 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of Orange On April 25, 1996 before me, Tina M. Grotjohn, personally appeared David C. Wilson, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he /executed the same in his uthorized capacity, and that by his1 ieK ure on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ################################### # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## OPTIONAL CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [X] Individual Release for: Vido Artukovich & Sons, Inc. TITLE OR TYPE OF DOCUMENT Signer is representing: Transit Mixed Concrete 1 P.O. Box 3322 NUMBER OF PAGES Los Angeles, CA 90051 -1322 04/25/96 DATE OF DOCUMENT N/A TINA M. GROTJ& 0 m Comm. # 1033235 NOTARY PUBM• WFOBNA d IJ Upi Ly 27, Nj Comm. ss 1998 ################################### # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## OPTIONAL CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [X] Individual Release for: Vido Artukovich & Sons, Inc. TITLE OR TYPE OF DOCUMENT Signer is representing: Transit Mixed Concrete 1 P.O. Box 3322 NUMBER OF PAGES Los Angeles, CA 90051 -1322 04/25/96 DATE OF DOCUMENT N/A STOP NOTICE CALIFORNIA CIVIL CODE SECTION 3103 .A Cert►fiegv , NOTICE TO City Of Newport Beach P.O. Box 1768 Qc 25 1996 cm c� elk Newport Beach, CA 92658 -8915 kru, i =1Vx (If Private Job - file with responsible officer or person at office or branch of construction lender administering the construction funds or with the owner - CALIFORNIA 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 - CALIFORNIA CIVIL CODE SECTIONS 3179 -3214) pate $ COPIES SENT T0: Prime Contractor: Vido Artukovich & Sons, Inc. 0 Mayor Sub Contractor (If Any): Vido Artukovich & Sons, Inc. p Ceta�llRle(1 MMW Attorney Owner or Public Body: City Of Newport Beach 0 Bldg. Dir. Improvement known as: Contract # C -3004) Job # 83 0 PB & R Dir. in the City f Newport Beach, Count of Oran a State of California. 0 Planning Chief y � y - -� > ❑ Police Chid Southdown, Inc dba Transit Mixed Concrete Company, Claimant, a Corporation fuAveme"Int. � certain labor, service, equipment, or materials used in he above described work ofimpr it Ac �� The name of the person or company by whom calmant was employed or to whom claimant furnished labor, service, equipment, or material is Vido Artukovich & Sons, Inc. . The kind of labor, service, equipment, or material furnished or agreed to be furnished by claimant was Aggregates and Ready Mixed Concrete. Total value of labor, service, equipment, or material agreed to be furnished... ....... $ 389.51 Total value of labor, service, equipment, or material actually furnished is ............... $ 389.51 Credit for materials returned, if any ....................................... ............................... $ Amount paid on account, if any ............................................ ............................... $ Amount due after deducting all just credits and offsets ......... ............................... $ 389.51 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount $ 389.51 and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation as provided by the law. A bond (CIVIL CODE SECTION 3083) is not attached (Bond required with Stop 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 March 19, 1996 Name Of Claimant Southdown. Inc. dba Transit Mixed Concrete Company P.O. Box 3322 Los Angeles, CA 90051 By ` v David C. Wilson, Credit Manager VERIFICA T ION I, the undersigned, state: I am the Credit Manager of the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on March 19, 1996, at Los Angeles, State of California. ----: z � � . "C' / � (2 �,: �� .Wilson, Credit Manger R VA ed Release of Stop Notice TO: City of Newport Beach (Cm istiuctitm Linder, Public BudV, ,, ynrly ei'ith uduna Ship 1 fil�ied) P.O. Box 1768, Newport Beach, CA 92658 -8915 You are hereby notified that the undersigned claimant releases that certain Stop Notice dated March 5, 1996 , in the amount of $ 726.00 against City of Newport Beach as owner or public body and Vido AMkovich as prime contractor in connection with the work of improvement known as 19th & Balboa Beach, PO #83 -5 in the City of Newport Beach County of State of California. Date April 24, 1996 Name of Claimant: VERIFICATION 1, the undersigned, state: 1 am the President of ( "Agen! nt" "Prccidell n(" "A Parhuv of ", -0wpar of, a'.) the claimant named in the foregoing Release; 1 have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California the foregoing is true and correct. �1 Executed on April 24, 1996 , 19_ State of California ✓, s L�6 St 3 i i u. a3yor Councilmen i Manager ,ttomey Bldg. Dlt GenServDlt PB U DIc Planning Dir 3 Police Chief �w 'r erfl�f' RICA FORM 5 5 (Rev. 2/87) ur Aul mrized 'ew �o ; 111g 40(A sd iv CIOO 17017pOt NOTICE TO Stop Notice RNIA CIVIL CODE SECTION 3103 P.O. B (Address (If Private Job — file with responsible officer or person at office or branch of construction lender administering the construction funds or with the owner — CIVIL CODE SECTIONS 3156 - 3175) (If Public Job — file with office of controller, auditor, or other public disbursing officer whose duty it is to make payments under provisions of the contract — CIVIL CODE SECTIONS 3179 - 3214) Prime Contractor: Vido Artukovich Sub Contractor (If Any) Owner or Public Body: City of Newport Beach Improvement known as 19th & Balboa, Newport Beach, P.O #83 -5 (Name and address of project or work of improvementJ in the City of Newport Beach County of State of California. A -1 Fence Company Claimant, a Corporation (Claimant) /Corporation /Partnership /Sole Proprietorship) furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment, or materials is Vito Artukovich & Son,, Inc. (Name of Subcontractor/Con tractor /Owner Bu! der) The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was Installation of Chain Link fencinci Total value of labor, service, equipment, or materials agreed to be furnished......... $ 726.00 Total value of labor, service, equipment, or materials actually furnished is............ $ 726.00 Credit for materials returned, if any ............................... ............................... $ Amount paid on account, if any .................................... ............................... $ Amount clue after deducting all just credits and off sets ...... ............................... $ 726.00 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of $ 0 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 March `. 1 9g6 Name of Claimant A -1 Pence Comgan (Firm Name 2898 E. Miraloma Ave. (Mailing Address Anaheim, CA 5 28 By (Sign Lure) Vice Preside (Official Capacity) VERIFICATION I, the undersigned, state: I am the President of _ (`Agent of'; "President of° 'A Partner of'; "Owner of'; etc.) the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on March 5, , 19 State of California REQUEST FOR NOTICE OF ELECTION (Private Works Only) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope to the address of the claimant shown above. This information must be provided by you under Civil Code Sections 3159, 3161 or 3162. Signed: (Claimant must enclose self addressed stamped envelope) BIOA FORM 4 (F9NOI)1 /1/89, 5000 .s * AWC )4 F�ME4��� CALIFORNIA RELEASE OF STOP NOTICE (Public or Private Work) TC, City of Newport Beach, Utilities Department -� Const'uCt!On ler -'.er (cr varr� with whom Stop Notice was P.O. Box 1768, Newport. Beach, CA 92658 -8915 (Adz,ess) lj,% _9 1 R 2� )*4 ate"' Ycu are hereby notified that the undersigned cairtar:t releases that certain• Stoo Notiea dated upon a .joint Check issued to 3; 7195 n the arn,:;-:t ct 5 9,559.88 *Robertsons and 1',�do Artukovich a... Y...___..�._ S Son, Inc. City of Newport 3each as owner or public body and {.f aco cao'.e' Vido Artukovich 6 Son, Inc as pr+.me cOnL'aetcr .n ccr.ner_t!ce w.:h ;he �sork of rnbro,e-nent'<nco. ^: as ,� Ground Water Development Project Reach No.1, C- 3004 -J it ne Ciw c` Newport Beach _ . Co- 7!y of o :we of Ca,i`ornla J312 April 26, 1996 �'QPIESSENTTO. _i Mayor Councilmen 7 Manager �, omey Bldg. D!r. uenservDtr 3 &RDir. Fanning D!r i -.11ce ch!et Dir� ntractor >•ct Caivc­nia 4nc.•999 Orange Robertson" roan A'_-CC-2I • , A �` .. ?' y , Fly. ��:. .`.: f� r; �,, p,M�� �'3.. O "i ,» . "r iti;' �r. -.-1 SI A. t OfW SAL RNV ` • cou CF_ r iss. On before me, th undersigned, a Notary Public in and fvfA&44 State persccally a^ ^eared i perso ,ially known to me or proved to me j or 'he basis of satisfactory evidence to be the persor S whose name subscr.bed to the I wit. i,, nstrument and acknowedged that executed the same. W TNESS my hand and :,fficiai seal. S;grcafu. e -- — SHARIE SHA LEN Q ontm.1979552 3 NOTARY.>usuc a¢saxtw y • Rn'Exot county rxomstlov. 29.19% r T ^as area for oft-cial rnctar al seal; NOTE: This document has important legal coesequences; consultation with an attorney is encouraged with respect to its use or modification. This form is intended to meet the requirements cf Califor,Ja iasv as of October 1, 1989. T-jTa_ 0.73 STOP NOTICE (California Civil Code Section 3103) NOTICE TO CITY OF NEWPORT BEACH P.O. BOX 1768 NEWPORT BEACCA (If Private Job -file with responsible officer or person at office or branch of construction lender administering the construction funds or with the owner -CIVIL CODE SECTIONS 3156 -3175) (IF Public Job -file with office of controller,auditor,or other public disbursing officer whose duty it is to make payments under provisions of the contract -CIVIL CODE SECTIONS 3179 -3214) Prime Contractor: ARTUKOVICH, VIDO Sub Contractor (If Any): Owner or Public Body: CITY OF NEWPORT BEACH Improvement known as 19TH- WHITTIER /COSTA MESA County of ORANGE State of California. Robertson's, Claimant, a Partnership, furnished certain labor service, equipment or materials used in the above described work of improvement. The name of the person or company to whom claimant furnished service, equipment, or materials is ARTUKOVICH, VIDO The kind of materials furnished or agreed to be furnished by claimant was ready mix concrete, rock and /or sand materials. Total value of labor,service,material to be furnished. .....$ A0/ 6 %✓r l� Total value of labor,service,materials actually furnished..$ Credit for materials returned, i any.. $ 0.00 Amount paid on account, if any.��%PO i Amount due after deducting all just c edif ts'and offsets .... $ 9,559.88 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 $ 9,559.88 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 Notice served on construction lenders on private jobs -bond not required on public jobs or on Stop Notice served on owner on private jobs) Dated 04/09/96 Name and address of Claimant ROBERTSON'S P.O. Box 33140 Riverside, Calif. 92223 99l0//9- 685-2200 5 nt A horized Agent VERIFICATION I, the undersigned, state: I am the agent of 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 knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 04/09/96 at Rive side,, State of California. Signature of claimant /Agent (!. STOP NOTICE (California Civil Code Section 3103) NOTICE TO CITY OF NEWPORT BEACH P.O. BOX 1768 NEWPORT BEACCA 9a4660 (If Private Job -file with responsible officer or person at office or branch of construction lender administering the construction funds or with the owner -CIVIL CODE SECTIONS 3156 -3175) (IF Public Job -file with office of controller,auditor,or other public disbursing officer whose duty it is to make payments under provisions of the contract -CIVIL CODE SECTIONS 3179 -3214) Prime Contractor: ARTUKOVICH, VIDO Sub Contractor (If Any): Owner or Public Body: CITY OF NEWPORT BEACH Improvement known as 19TH - WHITTIER /COSTA MESA County of ORANGE State of California. 3, MAR 13 1996 CRY CLERK _- Cfi7 OF RT P, EACH Robertson's, Claimant, a Partnership, furnished certain labor service, equipment or materials used in the above described work of improvement. The name of the person or company to whom claimant furnished service, equipment, or materials is ARTUKOVICH, VIDO The kind of materials furnished or agreed to be furnished by claimant was ready mix concrete, rock and /or sand materials. Total value of labor,service,material to be furnished ...... $ 10,675.16 Total value of labor,service,materials actually furnished..$ 10,675.16 Credit for materials returned, if any ......................$ 0.00 Amount paid on account, if any .............................$ X0.00 Amount due after deducting all just credits and offsets .... $ 10,675.16 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 $ 10,675.16 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 Notice served on construction lenders on private jobs -bond not required on public jobs or on Stop Notice served on owner on private jobs) D d 03/07/96 Name and address of Claimant ROBERTSON'S ^`y P.O. Box 33140 v Riverside, Calif. 92223 9- 685 -2200 z By Ci p U❑ p U 1 thorized A ent VERIFICATION I, the undersigned, state: I am the agent of 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 knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 03/07/96 at River ideState of California. Signature of claimant /Agent (i T' TO: Ci P.O R Q GENFRq�Co �p `Co AGC '�FAMEN,G�y� CALIFORNIA RELEASE OF STOP NOTICE s (Public or Private Work) of Newport Beach, Utilities Department Construction Lender (or party with whom Stop Notice was filed) Box 1768, Newport Beach, CA 92658 -8915 (Address) You are hereby notified that the undersigned claimant releases that certain Stop Notice dated 3/19/96 in the amount of S 4, 294. 68 City of Newport Beach as owner or public body and (if aoplicable) against Vido Artukovich & Son, inc. as prime contractor in connection with the work of improvement known as Ground water Development Project Reach No. 1, C- 3004 -J. in the City of Newport Beach , County of State of California. Gate April 23, 1996 Name of Claimant COPIES SENT T0: • Mayor • Counclk= • Manager TAftomey Ei Bldg. DIG D GenSery DIE 2 PB & R Die. Planning Dir Police Chet Dir © Associatfl- Pi�tererall Coj tractors of California, Inc. 1990 Or Secretary (Official Capacity) Form AGCC -21 k,' ,' � , ., � `r' - 1,;'''� CALIFORNIA ALL- PURPOSACKNOWLEDGMENT State of California County of Los Angeles On April 23, 1996 beforeme, Luci A. Mundell, Notary Public Date Name and The of Officer (e.g., "Jane Doe, Notary Publio personally appeared Linda A. Byars Name(s) of Signer(s) [?ipersonally 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, LOCI A. MUNDFLL executed the instrument. $ M - Commission #1076693 Z Notary Public — California WITNE my ha and official seal. Los Angeles County My Comm. Expires Nov b. 1999 Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Stop Notice Release Document Date: April 23, 1996 Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Linda A. Byars ?�] Individual C Corporate Officer Title(s): C Partner — C Limited C General ❑ Attorney -in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Top of thumb here Signer Is Representing: Byars Trucking Signer's Name: ❑ Individual C Corporate Officer Title(s): C Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee C Guardian or Conservator ❑ Other: Top of thumb here Signer Is Representing: ®1994 National Notary Association •8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 Prot. No. 5907 Powder: Call Toll -Free 1- 800 - 8766827 �000J -q- STOP NOTICE C !I fc.3,J% 44AL NOTICE TO WITHHOLD CONSTRUCTION FUNDS :28 (Public or Private Work) C /t/EO 10XI3 E313 M 0 1�( \�> L(Per California Civil Code ection 3103) t_ \ 1� To:l I tU PST \vt✓-ta2 r(�(�T F�L -i'� 11r t I l f- oject:C'X`ntllJ (i)44t .UFI)i'l[�f) (NAME o= owNFR, Ppa.IC en.Y DR CONSTRUQICn .UNO NOm.RI NAME( � I la �� ( ADDRESS F DIP F TO A BANK VINGS AND LOAN ASSN., USE ADDRESS OF BRANCH HOLDING FUND) (ADDRESS) se F `((LITY, STATE A SIP) )[NY ANO P( TAKE NOTICE THAT l Arc, 7TJ2 U C' k t rvC C- (NAME CF *�FiP ON R FIRM Ct F)MIIJG HE STOP 'ICE. LICEN$FO CONTAACTOAS MUSI USE THE NAME UNDER WHcn CONTAACTOA'S LICENSE IS ISSUED) whose address is `, �j �% l ){}('I 1 1 N� r� �cj� - �r� ",Pc e— F\ CQ 013 9 t 7`� Ci performed labor and furnished materials for a work, of improvement described as folio N gMF ADD )D LOCpiION OF THE PROJECT WHERE WORK OR MATERIALS WERE FURNISHE[ The labor and materials furnished by claimant are of the following general kind: RIND OF LABOR, SERVICES, EOUIPMENT, OR MATERIALS FORNISHET The labor and materials were furnished to or for the following party: III (NAME OF THE PARTY WHO OROEREO THE W OR[ OR MATERIALS) Total value of the whole amount of labor and materials agreed to be furnished is: ....... - ................ $ The value of the labor and materials furnished to date is: ............................................................ $ Claimant has been paid the sum of: ........................... ................. .................... ......... $ And there is due, owing and unpaid the sum of: ........................................................................ $ You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law, You are also notified that claimant claims an equitable lien against any cons truct`igin f' lunds for this project which are your hands. J /..t Wq 14, ype FIRM NAME: /IC By: 2�(�.r�nl�. (���h NANIE OF STOP NOTICE CIAIMANTI cW Oq AcT(Ni OF STOP MOTILE CLAIMANT MUST SIGN HERE Ahlb VERIFY VERIFICATION I, the undersigned, say: I am the a e r`Prf'r4 J the claimant 1 "PRESIDENT OF." •MANA ER OE,•'A PARTNER OF,- 'OWNER OF,- 'AGENT OF,- ETC.) named in they foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge I declare under penalty of perjury under the laws of the State lifornia that the foregoing is true and correct. ��E@.$puted on 3 - I q - 9� at O,SPn'JPf}C! MAR LO 1JJY (DATE THIS DOCUMENT 'As OUNCES INAF OF CITY ne♦P}�LgTE WHERE NOTICE SIGNED) a /(/ /// [;III OF (PERSONAL S "TUBE1 INDIVIDUAL WHO IS SWEARING THAT THE CDN !i5 OF STOP NOTICE ARE TRUE) REQUEST FOR NOTICE OF ELECTION (Private Works Only) (Per California Civil Code Section 3159, 3161, or 3161) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161, or 3162. Signed: MOST ENCIOSE SELG- gppflESiED STAMPED ENVELOPE) WOLCOTTS FORM 894 Rev. 3 -94 (price class 3A) STOP NOTICE ©1994 WOLCOTTS FORMS, INC. Before you use this form, read it, fill in all blanks, and make whatever changes are appropriate and necessary to your particular transaction. Consult a lawyer if you doubt SEE REVERSE SIDE FOR ADDITIONAL INFORMATION. the form's fitness for your purpose and use. Wolcotts makes no representation or warranty, express or implied, with respect to the merchantability or fitness of this form for an intended use or purpose. (1) On a public job, file a stop notice with the controller, auditor, or other public disbursing officer whose duty it is to make payments under the prime contract, or with commissioners, managers, trustees, officers, board of supervisors, board of trustees. Civil Code § §3179 -3214. (2) On a private job, file a stop notice with responsible officer or person at office or branch of construction lender administrating funds or with owner. Civil Code §§3156-3175. (3) A stop notice is good only following the filing of a preliminary notice 20 days after the claimant first furnishes work or materials to the job site. Rules on preliminary notice for public and private work vary, so consult an attorney if you are uncertain that you have complied with the notice requirements. (4) A bond for one and one quarter times the amount of the stop notice claim must accompany a stop notice served on a construction lender on private jobs -- a bond is not required on public jobs or on a stop notice served on an owner for private jobs. INSTRUCTIONS FOR SIGNING AND VERIFYING THIS FORM Signature It the claimant is a corporation, an officer or authorized agent should sign If the claimant is a partnership. a partner or authorized agent should sign. lithe claimant is a sale proprietorship whether or not doing business under a hchhous business name the owner of the business or an authorized agent should sign Refer to the lollowing examples CORPORATION NameolCiaimant Johnson Electrical Co., Inc. By n n PARTNERSHIP Nameof Clainanl Jonnhnsonn Electric al +Co. By SOLE PROPRIETORSHIP (Fictitious Business Name) Name of Claimant Speed -V ELec trical CO, By SOLE PROPRIETORSHIP (Own Name( NameolClaimaant (Sid�Jo�hnson Electric Co. By ( Verification This is a declaration under penalty of perjury under the laws of the State of Calintri It does not have to be notarized However, to be valid, the verification must contain the dated is signed and the signature this standard form is intended for the typical situations encountered In the field Indicated However, before you sign, read it fill In all blanks. and make whatever changes are appropriate and necessary to your particular transecuon. Consult a lawyer II you doubt the form s Illness for your purpose and use 7 �I6777 III39894 � 6 TC' City of • . r C a q� 'iA °� �� AGC (nd CALIFORNIA RELEASE OF STOP NOTICE (Public or Private Work) R 1 t Beach, Utilities Department Construa!on Lender ,,cr pa ry with whom Stcp Notice was filed) P.O. Box 1768, Newport Beach, CA 926:8 -8915 You are hereby noufiad that the unders;yncd c!aimant ra ?35Q5 t,-:at ce Cain Stop Notice dated 3119/96 , in th.e a.m cunt of S 1�A�' aSa._s. City of Newport Beach as coiner p ub!ic bcdy a.. ^d (a apolia'cle; Vido Artukovich & Son, inc. as prl-ce -ontractor in cCnrecti-,n with iR'crc,ement knc•wn as .Ground Water Development - - Project Reach No. 1, C- 3004 -J. ir. ;:-= C ;ty of Newport Beach �. Cc._r.J cf Orange Sate of Ca ".-:.r -.ia. r to April 23, 1996 Ciate S 1 ofDHN i. w,s Ec rE��e:s�s /ch COPIES SENTT 4 Name of C aimant 1.1ha _ &, ^J2q-,L.5 • Mayes (Firm Name — �tto B IZ� O Bldg. Dlr (Sienature) GmSery Dir. -D PB &RDir, Fanning Dir — ..ffi�;al Capa::r,\ Po!fce Chfet � �' /kN. Dir e`er 19 /P T Ass•x ated Genera! Contractors of Calm a. Inc. 1990 Fcrrn nGCC -21 s C� 1 * I; -- CALIFORNIA ALL- PURPOPACKNOWLEDGMENT • State of e. County of o tit_. On � ) 1 I q 9 L" before me, L'' c -LL.' Date II II Name and Title of personally appeared J11� (k 1 Ia b�12�4: r ❑ personally known to me – OR – Droved to me on the basis of satisfactory evidence to be the persoak< whose name(s)-is /are - subscribed to the within instrument and acknowledged to me that4fe/she /they - executed the same in his/hedtheirauthorized capacity(jes), and that by his /her /their sigpature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, Qmy PATRICIAANNJOHNSON executed the instrument. CO I'm..�? 993879 Notary Public — Califolyda OIZANGE COUNTY WITNESS my hand and official seal. Comm FXbfes MAY 29, 1997 Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document I� Title or Type of Document: A 7� `C�v� 2_ vi s tu t lA u -c Document Date: Ll –a 3 ` %P Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:_2�ML_(,Uy) iz. f/ ❑ Individual ❑ Corporate Officer ■ Title(s): Partner — ❑ Limited Attorney -in -Fact ❑ Trustee ❑ General ❑ /Guardian r Conservator Other: 1 Top of thumb here Signer Is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): e Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 1994 National Notary Association • 8236 Remmet Ave., P.O. Box 7164 , Canoga Park, CA 91309 -7184 Pro f. No. 5907 Reorder. Call Toll -Free 1- 800 - 8786827 • • • C1,4' �fgal ICALIFORNI CALIFORNIA � 111AWs [p � � � ; (Civil S Ell rs 0 mc76. n•o -c.: c� TO: PTTV n M17TJDnDT nVhnn ITT T T.T T T RR I) I?, PT_ P.O.BOX 1768 NEWPORT BEACH CA PROJECT: Ground Water Development_ Project - Re 3103ac"3179, fiw K (Name and Location of Project and Project Number) Claimant Red -E- Rentals 2075 Harbor Blvd Costa_ Mesa CA _92627 -5532 (Name and address) hasfunished_ Egu.i pment ( Labor /serviceslequfpmenymateria) -' otakinddescribedgeneralfyas Generator. Power Auger, _Electric CemejLj�fixer (Per attached invo' esl (Descriptlonbfavlenf for the benefit offal the request of: Vido Arturkovich & Son Inc. -� (Name of person to or for whom same was furnished) for th9 pudic work of improvement described as the Project. above. The value of the whole agreed to be done or fumished by claimant Is $1QQ . o0 The value of that already done or furnished is $ _ 10 0 - 0 0 Claimant has been paid or credited with the sum of _0_ and there remains due and unpaid the sum of $1 0 0 . 0 0 , plus interest at the rate of -A-- % per year from 1/24, 26, 29 19 96 Pursuant to Civil Code section 3196, it is your duty upon receipt of this Stop Notice, to withhold from the origina ", contractor, or from any person acting under his authority, money or bonds (where bonds are to be issued in payment for the work of improvement) due or to become due to 8uoh contractor In an amount sufficient to answer the claim slated in this Stop Notice and to provide for the iebu0nawe cost of any litigation thereunder. Dated Ma rr tg. 1006 dbaJohn n L D (Signat e C wmant or Agent) I, the undersigned declare; P r PFi 8PI1Y (Tide) ,VEfitrtru4T1O�.1 Enterprises, Inc. lamthe Office manager Hof: Red -E -Rentals (Titie) (Name of Claimant) the claimant named in the foregoing Stop Notice; I am authorized to make this verification in behalf of the claimant; I have lead the foregoing Stop Notice and know the contents thereof, and the same is true of my own knowledge. Executed at f` 0 Y. a n P c a . Cadomia, on _LaLCIL_Lg 1 g gam, I declare under penalty of perjure• under the laws of the St to of California tt�"e-fsfegoing is true and correct. contents NOTICE TO CLAIMANT: If the claimant pays two dollars ($2.00) to the public entity at the time of filing the stop notice, the public entity must give notice of completion, cessation of labor deemed to be completion, or acceptance of completion, of the public work. SERVICE NOTE: Civil Code Section 3103 requires that the stop notice be filed with the director of the department which let the contract, If the public work Is for the State. In the case of any other public work, the statute requires that the stop notice be filed In the office of the controller, auditor or ether public disbursing officer whose duty R is to make payments under the provisions of the contract. or With the commissioners, managers, trustees, officers, board of supervisors, board of trustees, common council, or other body by whom the contract was awarded. NOTE: This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This form is intended to meet tha requirements of California law as of October t, 1991. N 0 RENTAL CONTRACT RED - - RENTALS TOOLS AND CONSTRUCTION EQUIPMENT FOR ALL NEEDS 2075 HARBOR BLVD. • COSTA MESA, CALIF. 92627 646-7401 OUR BUSINESS HOURS ARE: MON. THRU SAT. 7:00 A.M.-5:30 P.M. SUNDAYS 8:00 A.M.-2:00 P.M. REN7EDTO: f_t [7CUSTOMER AGREES TOIIIIIIIIIIIIIIIIII!IR ALL SERVICE AND DAMAGE TO TIRES CAUSED BY BLOWOUT, BRUISES, CUTS, ROAD HAZARDS OR OTHER CAUSES INHERENT IN THE USE OF THE EQUIPMENT. I THIS AGREEMENT SHALL INCLUDE THE TERMS AND CONDMDNS SET FORTH ON THE FRONT AS WELL AS THOSE SET FORTH ON THE REVERSE HEREOF. MCUC= CUSTOMER HAS BEEN GIVEN AND UNDERSTANDS THE WRITTEN AND/OR ORAL OPERAnNG AND SAFETY INMUCTIOIRS. OF I DO NOT UNDERSTAND, OR FORGET THE SAFETY/OPERATING INSTRUCTIONS I L-1 HAVE BEEN GIVEN, OR IF THE EQUIPMENT FAILS, I WILL NOT ATTEMPT TO OPERATE OR REPAIR R.1 WILL DISCONTINUE USE AND NOTIFY RENTAL CENTER IMMEDIATELY. CUSTOMER IS RESPONSIBLE FOR CHECKING WATER AND OIL DAILY. NOTE UNLESS OTHERWISE STATED THIS LEASE SHALL EXPIRE ON THE DATE SHOWN BELOW. WEEKLY III MONTHLY RATES ONLY APPLY IF RENT IS PAID IN ADVANCE THIS EQUIPMENT FOR RENTAL ONLY - NOT FOR SALE ADDRESS AT WHICH EQUIPMENT WILL BE USED. DATE TICKET NO. ifin � I!, `;'1.1.111 •a AUTO LICENSE P.C. # RECEIVED BY PIC C (ILI Ilt :t OTY, NC:" DESCRIPTION OF EQUIPMENT MRS. MINIMUM I RENTAL AMOUNT T HOUR 24-HP DAY WEEK L DEPOSIT COMMENTS: RENTAL FINAL CONTRACT RETURN 1 u r, CUSTOMER HAS READ, DISCUSSED AND UNDERSTANDS THE TERMS AND CONDITIONS OF THIS AGREEMENT AND AGREES TO BE BOUND THERETO: SIGNED PERSONALLY AND FOR THE CUSTOMER. X SIGNED RENTAL CHARGES APE FOR TOTAL TIME EOUIPMENT.4S IN YOUR POSSESSION. IF EQUIPMENT FAILS. DO NOT ATTEMPT TO REPAIR. NOTIFY OFFICE A7 ONCE' C. 646-7401 "moulit V j. I J, e cl ov; IDENT,RCA-,ON #/ DOS OTHER IDENTIFICATION PHONE DATE TICKET NO. ifin � I!, `;'1.1.111 •a AUTO LICENSE P.C. # RECEIVED BY PIC C (ILI Ilt :t OTY, NC:" DESCRIPTION OF EQUIPMENT MRS. MINIMUM I RENTAL AMOUNT T HOUR 24-HP DAY WEEK L DEPOSIT COMMENTS: RENTAL FINAL CONTRACT RETURN 1 u r, CUSTOMER HAS READ, DISCUSSED AND UNDERSTANDS THE TERMS AND CONDITIONS OF THIS AGREEMENT AND AGREES TO BE BOUND THERETO: SIGNED PERSONALLY AND FOR THE CUSTOMER. X SIGNED RENTAL CHARGES APE FOR TOTAL TIME EOUIPMENT.4S IN YOUR POSSESSION. IF EQUIPMENT FAILS. DO NOT ATTEMPT TO REPAIR. NOTIFY OFFICE A7 ONCE' C. 646-7401 "moulit V j. I J, e cl ov; RENTAL CONTRACT REDME-RENTALS TOOLS AND CONSTRUCTION EQUIPMENT FOR ALL NEEDS 2075 HARBOR BLVD. . COSTA MESA, CALIF. 92627 646-7401 OUR BUSINESS HOURS ARE: MON. THRU SAT. 7:00 A.M.-5:30 P.M. SUNDAYS 8:00 AX-2:00 P.M. CUSTOMER AGREES To PAT`FOR ALL SERVICE AND DAMAGE TO TIRES CAUSED B BY BLOWOUT, BRUISES, CUTS, ROAD HAZARDS OR OTHER CAUSES INHERENT Y Tj IN THE USE OF THE EQUIPMENT. THIS AGREEMENT SRALL INCLUDE THE TERMS AND CONDITIONS SET FORTH ON THE FRONT AS WELL AS THOSE SET FORTH ON THE REVERSE HEREOF. CUSTOMER HAS BEEN GIVEN AND UNDERSTANDS THE ... AND/OR OPERATING AND SAFETY INSTRUCTIONS. ORAL F I DO NOT UNDERSTAND, OR FORGET THE SAFETY/OPERATING INSTRUCTIONS I HAVE BEEN GIVEN, OR IF THE EQUIPMENT FAILS, I WILL NOT ATTEMPT TO OPERATE OR REPAIR R. I WILL DISCONTINUE USE AND NOTIFY RENTAL CENTER IMMEDIATELY CUSTOMER 19 RESPONSIBLE FOR CHECKING WATER AND OIL DAILY NOTE UNLESS OTHERWISE STATED THIS LEASE SMALL EXPIRE ON THE DATE SHOWN BELOW WEEKLY & MONTHLY RATES ONLY APPLY IF RENT IS PAID IN ADVANCE THIS EQUIPMENT FOR RENTAL ONLY - NOT FOR SALE RENTED TO ADDRESS AT WHICH EQUIPMENT WILL BE USED. TICKET NO. ^4 1:1 .IDENTIFICATION#1 DOS OTHER IDENTIFICATION PHONE DATE TIME AUTO LICENSE P.O. # RECEIVED BY 3 (.wL�J U I RetLtrrIc?d 4J-eb-96 0,4.0vipjil b CITY. RENTAL RATE DESCRIPTION OF EQUIPMENT AMOUNT T. HOUR 24-HR DAY I WEEK 1 , LI kj i ii k '.16 L I 10. b0 J, L. L-, 5,4 u c). u J WITH fjUbLk YE.S, HO 0 (SIZL) DEPOSIT COMMENTS RENTAL CONTRACT FINAL RETURN 11 1 L: I i - ti o 11`l L :j I klvJ 1 CUSTOMER HAS READ, DISCUSSED AND UNDERSTANDS THE TERMS AND CONDITIONS OF THIS VaREEKNT AND AGRE 0 THERETO SIGNED PERSONALLY AND FOR THE UST �11ME o x E . S Lk b t 0 t,�t 1 C C RENTA( -�HA 6W10T ME EWM4YES IN YOUR POSSESSION. IF U,P ENT T T IC I LW(oF T )T EO N AT FT TO NOTIF OFFICE AT ONCE' Amount Di I led 1 1 36. ov) RENTAL CONTRACT REDMEmRENTALS TOOLS AND CONSTRUCTION EQUIPMENT FOR ALL NEEDS 2075 HARBOR BLVD. • COSTA MESA, CALIF. 92627 646 -7401 OUR BUSINESS HOURS ARE: MON. THRU SAT. 7:00 A.M. -5:30 P.M. SUNDAYS 8:00 A.M. -2:00 P.M. RENTED TO: 61IDU ARTLIKOVICH K SON IN #il-" 11155 kUSH ST S:.J. EL I+IDI TE CH 91 733 CUSTOMER AGREES TO OR ALL SERVICE AND DAMAGE TO TIRES CAUSED BY BLOWOUT, BRUISES, CUTS, ROAD HAZARDS OR OTHER CAUSES INHERENT IN THE USE OF THE EQUIPMENT. THIS AGREEMENT SHALL INCLUDE THE TERMS AND CONDITIONS SET FORTH ON THE FRONT AS WELL AS THOSE SET FORTH ON THE REVERSE HEREOF. ®CUSTOMER BEEN GIVEN AND UNDERSTANDS THE WRITTEN AND/DR OPAL OPERATING AND ND SAFETY INSTRUCTIONS. IF H DO NOT UNDERSTAND, OR FORGET THE SAFETWOPERATING INSTRUCTIONS 1 HAVE BEEN GIVEN, OR IF THE EQUIPMENT FAILS, I WILL NOT ATTEMPT TO OPERATE OR REPAIR R. I WILL DISCONTINUE USE AND NOTIFY RENTAL CENTER IMMEDIATELY. CUSTOMER IS RESPONSIBLE FOR CHECKING WATER AND OIL DAILY. NOTE UNLESS OTHERWISE STATED THIS LEASE SHALL EXPIRE ON THE DATE SHOWN BROW. WEEKLY & MONTHLY RATES ONLY APPLY IF RENT IS PAID IN ADVANCE THIS EQUIPMENT FOR RENTAL ONLY - NOT FOR SALE ADDRESS AT WHICH EQUIPMENT WILL BE USED. IDENTIFICATION II DOB OTHER IDENTIFICATION PHONE 0 -CA E13 c93 - @91 AUTO LICENSE P.O. If - RECEIVED BY JOB 63 Returned *fi* Final Copy * *+* Charge Account QTY. EN NIP, DESCRIPTION OF EOUIPMENT ulwfAUM HPS. AMT. HO 1 0176­1 1i2' Sfif -m rt1J.Er. T6I -ISI DEPOSIT I COMMENTS: Rent Merch WE APPRECIATE YuLR BUSINESS Fuel COME IN HGPITN SGION CUSTOMEP. HAS READ. DISCUSSED AND UNDERSTANDS THE TERMS AND CONDITIONS OF THIS APRREEEMENT AND AGREES -TO BE BOUND THERETO: SIGNED PERSONALLY AND FOR THE CUST6}1ER. I j T a H { SIGNED IENn R S E FOR T TIME MENT�N YOUR POSSESSION IF Subtot i•1 iOUFAIL Sj IAOT A EMPT T =AIR OFFICE AT ONCE' / ` 646 -7401 Deposit DATE TICKET NO. 131 19A TIME �g 1 AMOUNT RENTAL FINAL CONTRACT RETURN vJ. Ic'IL:T ��. 00 Amount billed I I Ov. against —, -. -_City of Newport Beach, Utilities Department -as owner or public body and Vito Artukovich & Sons __. - ... —as prime contractor in connection with the work of improvement known as WATER VAULT GROUNDWATER DEVELOPMENT PROJECT $3004 -J, Reach 1 -PCO in the City of Newport Beach State of California. Date July 2, 1996 Beach, CA. County of Orange Name of Claimant Franklin Reinforei.nq Steel Co., Inc. _ (Firm Nargc B �:- '. y ��� ($tgnnturr) Sharon Fern, Credit Manager (Of f lcial Capacity) VERIFICATION Credit Mgr. of Franklin Reinforcing Steel Co., Inc. [, the understgned, state: I am the_ — .�_... _. ( "'AKrn! of'-. 'Yreaidenl uJ', "A Partner u } ", Owner of'. rte.) the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on July 2, 19 96 . _, al Santa Fe Springs_ State of California — (S,gruawc of Clwrnant or Aurhonzed Agent) Sharon Fern, Credit Manager • GQPIES SENT T0: ::1 MW �M Release of Stop Notice A �t _I Bldg Dr . GenSenDk � � PB &RM Panning Dfr Police Chlef g .. ^rV Dlt er /9 /P at LL9� TO: ___CITY OF NEWPORT BEACH, UTILITIES DEPARTMENT Comtmction Lender (or party with whom Stup Notice ux,r fdcd) P_O. Box 1768, Newport Beach, CA. 92658 - 8915': (Address) JUL ' You are hereby notified that the undersigned claimant releases that certain Stop Notice Cilr j, 1 dated— .___ -- June..21_r.....1996._ --. in the amount of $.._...- _81.750.5a . Rlw�er eucB against —, -. -_City of Newport Beach, Utilities Department -as owner or public body and Vito Artukovich & Sons __. - ... —as prime contractor in connection with the work of improvement known as WATER VAULT GROUNDWATER DEVELOPMENT PROJECT $3004 -J, Reach 1 -PCO in the City of Newport Beach State of California. Date July 2, 1996 Beach, CA. County of Orange Name of Claimant Franklin Reinforei.nq Steel Co., Inc. _ (Firm Nargc B �:- '. y ��� ($tgnnturr) Sharon Fern, Credit Manager (Of f lcial Capacity) VERIFICATION Credit Mgr. of Franklin Reinforcing Steel Co., Inc. [, the understgned, state: I am the_ — .�_... _. ( "'AKrn! of'-. 'Yreaidenl uJ', "A Partner u } ", Owner of'. rte.) the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on July 2, 19 96 . _, al Santa Fe Springs_ State of California — (S,gruawc of Clwrnant or Aurhonzed Agent) Sharon Fern, Credit Manager I � . NOTICE TO �► Stop Notice S "1086 ,j j232421 CALIFORNIA CIVIL CODE SECTION 3103 >a* 4 CITY OF NEWPORT BEACH or (If Private Job — file with responsible officer or person at office or branch of construction len the construction funds or with the owner — CIVIL CODE SECTIONS 3156 - 3175) 114 (If Public Job — file with office of controller, auditor, or other public disbursing officer whose duty payments under provisions of the contract — CIVIL CODE SECTIONS 3179 - 3214) Prime Contractor: Vito Artukovich & Sons Sub Contractor (If Any) Giangregorio Construction Owner or Public Body: City of Newport Beach, Ut Improvement known as WATER VAULT GROUNDWATER DEVELC (Name and address of project or in the City of Newport Beach County of State of California. Franklin Reinforcing Steel Co., Inc. Claimant,a California Corporation (Claimant) (Corporation /Partnership /Sole Proprietorship) furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment, or materials is _ _ GIANGREGORIO CONSTRUCTION P.O. Box Park, CA. 91706 -1118 The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was Reinforcinq Steel - Furnish. Fabricate & Install Total value of labor, service, equipment, or materials agreed to be furnished......... $ 8,489.00 Total value of labor, service, equipment, or materials actually furnished is............ $ 8,750.58 Credit for materials returned, if any ............................... ............................... $ -0- Amount paid on account, if any .................................... ............................... $ -0- Amount due after deducting all just credits and offsets ...... ............................... $ 8.750.58 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 $ 8,750 -58 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 June 21, 1996 Name of Claimant FRANKLIN REINFORCING STEEL CO., INC. (Firm Name) P.O. Box 2277 (Mailing Address) Santa Fee S rin s CA. 90670 -0277 .d 2 C L M By (Signature) Sharon Fern Credit Manager o] m (Official Capacity) M t n 0 r, n VERIFICATION 1, the undersigned, state: I am the credit Manager for Franklin Reinforcing Steel Co., Inc. ('Agent of; "President of ', 'A Partner of; "Owner of; etc.) the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or delcare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on June 21, 1996 , 19 at Santa t State of California (Signor ure of Claimant or 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, 3101 (K 3162. , Signed: BICA FORM 4 (FSNOI) 111189 must Sharon w O W r W, ti ' � _ . ,,,.: �.; ' . . . •Stop Notice , • #1086 CALIFORNIA CIVIL CODE SECTION 3103 NOTICE TO CITY OF NEWPORT BEACH, UTILITIES DEPARTMENT IIIN 2� (Name of Construction Lender, Public Body or Owner) P.O. Box 1768, Newport Beach, CA. 92658 -8915 (If Private Job — file with responsible officer or person at office or branch of construction lender administering the construction funds or with the owner — CIVIL CODE SECTIONS 3156 - 3175) (If Public Job — file with office of controller, auditor, or other public disbursing officer whose duty it is to make payments under provisions of the contract — CIVIL CODE SECTIONS 3179 - 3214) Prime Contractor: Vito Artukovich & Sons ' Sub Contractor (If Any) Giangregorio Construction Owner or Public Body: City of Newport Beach, Utilities Department Improvement known as WATER VAULT GROUNDWATER DEVELOPMENT PROJECT #3004 -J (Name and address of project or work of improvement) - Reach 1 -PCO, Newport Beach, CA. in the City of Newport Beach , County of Orange State of California. Franklin Reinforcing Steel Co., Inc. , Claimant,a California Cor oration (Claimant) (Corpomtion/Portnership /So a Proprietorship) furnished certain labor, service, equipment or materials used in the above described work of improvement. The name of the person or company by whom claimant was employed or to whom claimant furnished labor, service, equipment, or materials is GIANGREGORIO CONSTRUCTION (Name of Subcontractor /Contmctor /Owner - Builder) P.O. Box 1118, Baldwin Park, CA. 91706 -1118 The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was Reinforcing Steel - Furnish, Fabricate & Install Total value of labor, service, equipment, or materials agreed to be furnished......... $ 8,489.00 Total value of labor, service, equipment, or materials actually furnished is............ $ 8.750.58 Credit for materials returned, if any ............................... ............................... $ -0- Amount paid on account, if any .................................... ............................... $ -0- Amount due after deducting all just credits and offsets ....... .............. :............ — $ 8.750.58 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 $ 8.750.58 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 June 21, 1996 Name of Claimant FRANKLIN REINFORCING STEEL CO., INC. (Firm Name) P.O. Box 2277 (Mailing Address) Santa Fe Sprincrs, CA. 90670 -0277 (Signalure) Sharon Fern, Credit Manager (Official Capacity) VERIFICATION I, the undersigned, state: I am the Credit Manager for Franklin Reinforcing Steel Co., Inc. (`Agent of'; "President of; 'A Fortner of; "Owner af; etc.) the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my own, knowledge. I certify (or delcare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on June 21, 1996 19 at State of California or 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 a 3162. e Signed: BICA FORM 4 (FSNO1) 111189 . . :w+. must iPR -23 -1996 12:10 . P.03 & C ' AGCY" F 131. CALIFORNIA ry` 3 ' RELEASE OF STOP NOTICE ppq 19966 (Public or Private Work) 0 o/ TO' CITY OF NEWPORT BEACH Construction Lender (or party with whom Stop Notice was filed) � C19s �.' +:.`i: 3300 NEWPORT BEACH, CA 92663 (Address) You are hereby notified that the undersigned claimant releases that certain Stop Notice dated APRIL 1, 1996 , in the amount of S 14,934 29 against as owner or public body and (if applicable) as prime contractor in connection with the work of improvement known as GROUND WATER DEVELOPMENT PROJECT REACH #1 - FWPORT l3FACB CA in the City of NEWPORT BEACH , County of ORANGE State of California. Bate APRTL. 25- 1996 *THE RELEASE OF STOP NOTICE IS CONTINGENT UPON ASS -OCIATEI2Name of Claimant CONCRETE PRODUCTS RECEIPT OF PAYMENT IN THE AMOUNT.OF $14,934.25. ASSOCIATED CONCRETE PRODUCTS (Fi m fame) By �rt fisr� (Signature) PIESSEKTO. CONTROLLER Mayor (Official Capacity) Counellmel! Manager ../'tcrney Q Associated General Contractors of California,I�rp.0j$90 Form AGCC -21 '�RDIf. ,Wing Dir - Chief Dir RPR 23 196 12:04 �.� _ r A /P PAGE.003 0 I ; 0 RPR -23 -1996 12:11 10 STATE OF CALIFORNIA COONTY OF ORANGE X55. On �pRtr• �5, t94� before me, the undersigned, a Notary Public in and for said State, personally appeared RTCHARn r CANNoN personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name iS subscribed to the within instrument and acknowledged that In e- executed the same. WITNESS my hand and offigigl seal. Signature 0 i P.04 (This area for official notarial seal) NOTE: This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This form is intended to meet the requirements of California law as of October 1, 1989. _2_ TOTAL P.04 APR 23 '96 12:04 PRGE.004 STOP NOTICE C7 oo�i j I I LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS (Public or Private Work) APR (Per California Civil Code Section 3103) To: City of Newport Beach Project:Ground Water Development (NAME OE OWNffl, PUBLIC BODY OR CONSTRUCTION FUND HOLDER) (NAME) 3300 Newport Blvd Project tA00RESS V ORECTED TO A BANK OR SAVINGS AND LOAN ASSN., USE ADDRESS Of STANCH FOLDING FORM (AODRESSI Newport Beach CA 92663 Reach N1 (CITY, STATE AND ZIP) (CITY STATE AND ZIP) TAKE NOTICE THAT Associated Concrete Products Inc (NAME OF THE PERSON 08 FIRM CLAIMING THE STOP NOTICE. LICENSED CON RAcl; R MUST USE THE NAME UNDER WHICH CONTRACTORS LICENSE IS ISSUED) whose address is 4301 W MacArthur Blvd. Santa Ana CA 92704 MOORESS OF PERSON OR FIRM CLAIMING STOP NOTICE) has performed labor and furnished materials for a work of improvement described as follows: Ground Water Deveinpment Project Reach 1 Newport Beach CA )NAME ANO LOCATION OF THE PROJECT WHERE WORK OR MATERIALS WERE FVRNISHED) The labor and materials furnished by claimant are of the following general kind: All materials and equipment necessary to provide ore -cast concrete products INO OF LABOR, SERVICES. EQUIPMENT, OR MATERIALS FURNISHED OR AGREED TO BE FURNISHED BY CLAIMANT) The labor and materials were furnished to or for the following party: Vido Artukovich & Sons Inc 11155 Rush Street South P.1 Monte CA 91743 (NAME OF THE PARTY WHO ORDERED THE WORK OR MATERIALS) Total value of the whole amount of labor and materials agreed to be furnished is: ......................... $ 14934.25 The value of the labor and materials furnished to date is: ............................................................ $ 14934-25 Claimant has been paid the sum of:. ................ __ .... ... .... _ ...... ......... ___ .............. _ ......... ..... $ –(1 —_ And there is due, owing and unpaid the sum of: ........................................................................ $ 14934.25 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. FIRM NAME:Associated Concrete Products Inc By: - (NAME OF STOP NOTICE CLAIMANT) (OWNER OR AGENT AND VERIFY Btwwr VERIFICATION I, the undersigned, say: I am the agent_nf the claimant ('PRESIDENT OF,�'MANAGER OF, A PARTNER OF.- -OWNER OF," AGENT OF,- ETC.) named in the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. n -1 h ^ I r r REQUEST FOR NOTICE OF ELECTION (Private Works Only) (Per California Civil Code Section 3159, 3161, or 3161) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment band 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 _p'r`addres =ed stamped envelope. This inJgrmation� Too ss 4 roovided by you under Civil Code Sections 3159, 3161, or 3162. Signed: /` – MUST WOLCOTTS FORM 894 - Rev(/3-94 (price class 3A) STOP NOTICE 01994 WOLCOTTS FORMS, INC. Before you use this form, read it, fill in all blanks, and make whatever changes are appropnote and necessary to your particular transaction. Consult a lawyer it you doubt SEE REVERSE SIDE FOR ADDITIONAL INFORMATION. the form's fitness for your purpose and use. WDIcotts makes no representation or warranty, express or implied, with respect to the merchantability or fitness of this form for an intended us. or purpose. 'Executed onA pr i l 1 �nnc at Santa Ana r A Q (DALE THI$ DOC�VMFN�T�W^A SlSI`GNED) _ NAME OF CITY AND sTDATE WHERE N CODE J 4 )PERSONAL SIGNAlf 'ySIGNED) OF TXF INDIVIDUAL WHO IS SWEARING ipwT THE C L$ Of STOP NOTICE ARE TI n -1 h ^ I r r REQUEST FOR NOTICE OF ELECTION (Private Works Only) (Per California Civil Code Section 3159, 3161, or 3161) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment band 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 _p'r`addres =ed stamped envelope. This inJgrmation� Too ss 4 roovided by you under Civil Code Sections 3159, 3161, or 3162. Signed: /` – MUST WOLCOTTS FORM 894 - Rev(/3-94 (price class 3A) STOP NOTICE 01994 WOLCOTTS FORMS, INC. Before you use this form, read it, fill in all blanks, and make whatever changes are appropnote and necessary to your particular transaction. Consult a lawyer it you doubt SEE REVERSE SIDE FOR ADDITIONAL INFORMATION. the form's fitness for your purpose and use. WDIcotts makes no representation or warranty, express or implied, with respect to the merchantability or fitness of this form for an intended us. or purpose. TO: RELEASE OF STOP NOTICE City of Newport Beach - Utilities Dept. of V You are hereby notified that the undersigned claimant releases that certain St 0,0 Noti* 5 -6 -96 47 432.35 t"ru ` dated in the amount of S � against � .19g6 City of Newport Beach Y1ay cva aK as owner or public body and Vido Artukovich & Sons, Inc." as prime contractor in connection with the work of improvement known as: Ground,.Water Devel. Project Reach # 1 Newport Blvd Costa Mesa in the County of Orange State of California. DATED: Date GCPIES SEN Maya ❑ CoundUllM ❑ MatraA� 0 Attomay ,� ^Sen DlC & P, Dir. lag Dir . Ch!sf 5 -22 -96 COPtESS� ❑ M O NAME OF CLAIMANT: By: Frank L. Capin, VP Dir Admin. ❑ r a ea Ch!s E FICATION I, the Hndersi ed, say: I am VP /Dir Admin. of the claimant of the foregoing Release of Stop Notice: I have read said Release of Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct Executed on 5 -22 -96 at San Marcos California. low-, •. Ar - 4 4 TAKE NOTICE THAT MARDEN SUSCO, INC. (NAME OF THE PERSON OR FIRM CLAIMING THE STOP NOTICE. LICENSED CONTRACTORS MUST USE THE NAME UNDER WHICH CONTRACTORS LICENSE IS ISSUED) whose address is 1550 W. Linda Vista Dr. San Marcos, Cal. 92069 (ADDRESS of PERSON OR FIRM CLAIMING STOP MI CEI has performed labor and furnished materials for a work of improvement described as follows: Ground Water Development Project Reach # 1 Newport Beach /Costa Mesa (NAME AND LOCATION OF THE PROJECT WHERE WORE OR MATERIALS WERE FURNISHEDI The labor and materials furnished by claimant are of the following general kind: Pipe, valves, fittings and related materials for water systems. (KIND OF LABOR. SERVICES, EQUIPMENT, OR MATERIALS FURNISHED OR AGREED TO BE FURNISHED By CLAIMANTI The labor and materials were furnished to or for the following party: Vido Artukovich & Son (NAME OF THE PARTY WHO ORDERED THE WORK OR MATERIALSI Total value of the whole amount of labor and materials agreed to be furnished is: ......................... $ 330,000.00 The value of the labor and materials furnished to date is: ............................................................ $ 255, 945.38 Claimant has been paid the sum of; ............. ....................................................................... ...... $ 208, 513.03 And there is due, owing and unpaid the sum of: .............................................. __ ...... ............... $ .47, 432.35 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. // A A /�1 FIRM NAME: Harden Susco, Inc. (NAME OF STOP NOTICE CLAMANTI OR AGENT OF STOP HOME CLAMAM MUST SIGN HERE AM -30 -�'6 —g6 VERIFICATION ��llta undersigned, say: I am the VP /Dir of Admin the claimant off W, ('PRESIDENT OF,' - MANAGER OF, - 'A PARTNER OF,' -OWNER OF, "AGENT OF,' 110 Eadin in the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own of California that the foregoing is true and correct. I declare under penalty of perjury under the laws of the State F r Executed on N xE fF / � L 47, 0E CITY AND STATE WHERE NOME LONEDr e Mb CMET WAS SIG/D:7, fg n \ WERSONAL SIGMA RE OF ME I AL W e EAWNG TNR INC CONTENTS OF STOP NOTICE ARE TRUE) REQUEST FOR NOTICE OF ELECTION (Private Works Only) (Per California Civil Code Section 3159, 3161, or 3161) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161, or 3162. Signed: MUST ENCLOSE SELF-ADDRESSED STAMPED ENVELOPE) WOLCOTTS FORM 894 - Rev. 3.94 (price class 3A) STOP NOTICE 01994 WOLCOTTS FORMS, INC. Before you use this form, read it, fill in all blanks, and make whatever changes are appropriate and necessary to your particular transaction. Consult a lawyer if you doubt SEE REVERSE SIDE FOR ADDITIONAL INFORMATION. The form's fitness for your purpose and use. Wolcotts makes no representation or warranty, express or implied, with respect to the merchantability or fitness of this form for an intended use or purpose. ertR STOP NOTICE p A LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS t �mC,xa (Public or Private Work) (Per California Civil Code Section 3103) To:..City of Newport Beach - Utilities Dept. Project: Ground Wate vel. ,INNAE OF OWNER, PUBLIC BODY OR CONSTRUCTION FUND H3LOER1 INAMEI Project Reach # 1 (ADDRESS IF DIRECTED TO A BAN[ OR SAVINGS AND LOAN ASSN., USE ADDRESS OF BRANCH HOLDING FUND) (AODRE$$1 Costa Mesa TAKE NOTICE THAT MARDEN SUSCO, INC. (NAME OF THE PERSON OR FIRM CLAIMING THE STOP NOTICE. LICENSED CONTRACTORS MUST USE THE NAME UNDER WHICH CONTRACTORS LICENSE IS ISSUED) whose address is 1550 W. Linda Vista Dr. San Marcos, Cal. 92069 (ADDRESS of PERSON OR FIRM CLAIMING STOP MI CEI has performed labor and furnished materials for a work of improvement described as follows: Ground Water Development Project Reach # 1 Newport Beach /Costa Mesa (NAME AND LOCATION OF THE PROJECT WHERE WORE OR MATERIALS WERE FURNISHEDI The labor and materials furnished by claimant are of the following general kind: Pipe, valves, fittings and related materials for water systems. (KIND OF LABOR. SERVICES, EQUIPMENT, OR MATERIALS FURNISHED OR AGREED TO BE FURNISHED By CLAIMANTI The labor and materials were furnished to or for the following party: Vido Artukovich & Son (NAME OF THE PARTY WHO ORDERED THE WORK OR MATERIALSI Total value of the whole amount of labor and materials agreed to be furnished is: ......................... $ 330,000.00 The value of the labor and materials furnished to date is: ............................................................ $ 255, 945.38 Claimant has been paid the sum of; ............. ....................................................................... ...... $ 208, 513.03 And there is due, owing and unpaid the sum of: .............................................. __ ...... ............... $ .47, 432.35 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. // A A /�1 FIRM NAME: Harden Susco, Inc. (NAME OF STOP NOTICE CLAMANTI OR AGENT OF STOP HOME CLAMAM MUST SIGN HERE AM -30 -�'6 —g6 VERIFICATION ��llta undersigned, say: I am the VP /Dir of Admin the claimant off W, ('PRESIDENT OF,' - MANAGER OF, - 'A PARTNER OF,' -OWNER OF, "AGENT OF,' 110 Eadin in the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own of California that the foregoing is true and correct. I declare under penalty of perjury under the laws of the State F r Executed on N xE fF / � L 47, 0E CITY AND STATE WHERE NOME LONEDr e Mb CMET WAS SIG/D:7, fg n \ WERSONAL SIGMA RE OF ME I AL W e EAWNG TNR INC CONTENTS OF STOP NOTICE ARE TRUE) REQUEST FOR NOTICE OF ELECTION (Private Works Only) (Per California Civil Code Section 3159, 3161, or 3161) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed preaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161, or 3162. Signed: MUST ENCLOSE SELF-ADDRESSED STAMPED ENVELOPE) WOLCOTTS FORM 894 - Rev. 3.94 (price class 3A) STOP NOTICE 01994 WOLCOTTS FORMS, INC. Before you use this form, read it, fill in all blanks, and make whatever changes are appropriate and necessary to your particular transaction. Consult a lawyer if you doubt SEE REVERSE SIDE FOR ADDITIONAL INFORMATION. The form's fitness for your purpose and use. Wolcotts makes no representation or warranty, express or implied, with respect to the merchantability or fitness of this form for an intended use or purpose. i. td+:. J TO: RASE OF STOP NOTICE City of Newport Beach 4) You are hereby notified that the undersigned claimant releases that certain Stop Notice dated 4- -24 -96 in the amount of 5 S44 .459 _ 62 against City of Newport Beach as owner or public body and Vido Artukovich & Son as prime contractor in connection with the work of improvement known as: Ground Water Development Project Reach #1 NewgprtBeach in the County of Orange State of California_ DATED: 4 -25 -96 Data -5 (1 COPIES SENT TO. N4W • Coundbtlenl • Manager '101ftnw • Bldg. DIG • GenSery DIC PB &RDIG D PlannlnaDU NAME OF CLAIMANT: Marden Susco, Inc. By: Frank L. n VP/Dir. of Admin. VERIFICATION the VP /Dir Admin 1, the undersigned, say: I am of the claimant of the foregoing Release of Stop Notice; I have read said Release of Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on 25 . at California. 0 OW rl 0 0 MARDEN SUSCO Incorporated April 11, 1996 City of Newport Beach Terresa Moritz Dear Ms. Moritz, 0 Enclosed, please find an amended stop notice so as to permit the processing of a joint check in the amount of $44,459.62 payable to Marden Susco, Inc, and Vido Artukovich & Son Inc. After receipt of the payment I will send you another stop notice reflecting the balance due. Thank you for your help on this. Very truly yours, Scott Tolstad 1550 W. Linda Vista Drive • San Marcos, CA 92069 • (619) 744 -7288 AMENDED PUBLIC WORK STOP NOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS AND REQUEST FOR NOTICE OF FILING OF NOTICE OF ACCEPTANCE, COMPLETION OR CESSATION CIVIL CODE §3185 TO: City of Newport Beach PROJECT: Ground Water Devel. Project Utilities Dept. Reach # 1 Newport Beach /Costa Mesa 949 W 16 St. Newport Beach TAKE NOTICE THAT MARDEN SUSCO, INC. whose address is 1550 W. Linda Vista Dr. San Marcos, CA 92069 has performed labor and furnished materials for a work of improvement described as follows: Ground Water Development Project Reach ! 1 Newport Beach /Costa Mesa The labor and materials furnished by claimant are of the following general kind: Pipe, valves, fittings & Related Materials For Water Systems The labor and materials were furnished to or for the following parry: Vido Artukovich & Son The value of the whole amount of labor and materials agreed to be furnished is $ The value of the labor and materials furnished to date is $ Claimant has been paid the sum of $ and there is due, owing and unpaid the sum of $ 44,459.62 together with interest at the rate of % per annum from You are required to set aside sufficient funds to satisfy this claim with interest. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. You are also required to give Notice of Acceptance, Completion or Cessation to the undersigned as required by Civil Code §3185. Attached hereto is the $2.00 fee as required by Civil Code §3185. FIRM NAME: Marden Susco Inc. Joint Check To Marden Susco and Vido Artukovich is acceptable. BY: —f —r Frank L. C , Vi no Droci A--. MI-A-- C... -.... T.... VERIFICATION 1, the undersigned, say: 1 am the Vice Presiden&f the claimant of the foregoing Stop Notice: I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. 4 -11 -96 San Marcos Executed on at California. W!n0VRION7 1a r- ~4ra"CTION NOTICE WAVICE3. INC__ 3AN GIEOO_ CALIFORNIA • 16191 EGi.66" tdg. m PUBLIC WORK STOP NOTICE LEGAL NOTICE TO WITHHOL D CONSTRUCTION FUN R 2 J:4 AND Ok k REQUEST FOR NOTICE OF FILING OF NOTICE Of annpDk ACCEPTANCE, COMPLETION OR CESSATION 011cectild CIVIL CODE §3185 .Wet City f Newport Beach Met TO: Y p PROJECT: Ground Water Devel. Project A/P Utilities Dept. Reach # 1 Newport Beach /Costa Mesa 3300 Newport Blvd. Newport Beach TAKE NOTICE THAT MARDEN SUSCO, INC. , whoseaddressis 1550 W. Linda Vista Dr_ San Martina. CA 92069 , has performed labor and furnished materials for a work of improvement described as follows: Ground Water Development Project Reach # 1 Newport Beach /Costa Mesa The labor and materials furnished by claimant are of the following general kind: Pipe, Valves, Fittings & Related Materials For Water Systems The labor and materials were furnished to or for the following party: Vido Artukovich & Son The value of the whole amount of labor and materials agreed to be furnished is $ 330,000.00 The value of the labor and materials furnished to date is $ 255 , 945.38 Claimant has been paid the sum of $ 164 , 053.41 and there is due, owing and unpaid the sum of $91,891.97 together with interest at the rate of 1 % per annum from 3 -31 -96 You are required to set aside sufficient funds to satisfy this claim with Interest. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. You are also required to give Notice of Acceptance, Completion or Cessation to the undersigned as required by Civil Code §3185. Attached hereto is the $2.00 fee as required by Civil Code §3185. FIRM NAME: Marden Susco, Inc. BY: Frank L. _ i�Sqin Vice President, Marden Susco, Inc. VERIFICATION I, the undersigned, say: I amthe vice presidentof the claimant of the foregoing Stop Notice: I have read said Stop Notice and know the contents thereof: the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executedon,a-,-AL,(7 atS /-4v California. a► TO: • RELEASE OF STOP NOTICE AT'IN: Construction Funds Disbursing Officer Construction Lender (or party with whom Stop Notice was filed: You are hereby notified that the undersigned claimant, INDUSTRIAL ASPHALT, releases that certain Stop Notice dated: March 20, 1996 , In the amount of $_628.56 against: City of New Port Reach as the owner or public body and Vidn Artukovich & Snn as the prime contractor in connection with the work or improvement Known as: in the City of Cosa Mega County of _Orange State of California. Date: April 23, 1996 Name of Claimant: INDITSTRI, %� Date S By: _ COPIES SENT T0: NE A. ISEIN'HART ❑ Mayor ❑ councI tlml ❑ ManW Title: Corporate -C redit Manager. Bldg. ir GenSery Dtr PB & R Dir. /'N. Dir # 1p VERIFICATION I, the undersigned, state: I am the Cnr mmtp_ C'rpdi anager- of Industrial Asphalt, the claimant named in the foregoing Release; I have read said Release to Stop Notice and know the contents thereof, and I certify that the same is true to my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on April 23, 1996 at LOS ANt� California. By: *horized Agent 0 J.. 0 State of California l County of Los Angeles J CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT 0 On April 23, 1996, before me, Maureen A. Bayon, a Notary Public, personally appeared Rene A. Isenhart, Corporate Credit Manager, apersonally known to me OR ❑ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. � t Signature of Notary [TUF/04.23- 96/04:19p/mab] c:\docs\mab\notwy\isenhaft. m FOR NOTARY SEAL OR STAMP MALIKEN A. RAYON /10.75467 Notary VubGC — CCOforNo LOS ANGELES COU- "04" My Comm. Eq*n AUG 7.1V95 STOP NOTICE 40 CALIFORNIA CIVIL CODE SECTION 3103 NOTICE TO: _City-oLNewporLBeach,_Lltilitiec Department, / Attn- Cnnctrnrtion Eunds ishursing -O ficpr _P.O_Rmt M8, Newport Reneh, CA 92658 -8915 _ (Name of Construction Lender, Public Body or Owner) (If Private Job -file with responsible officer or person at office or branch of construction lender administering the construction funds or with the owner - CIVIL CODE SECTIONS 3156 -3175) (If Public Job -file with office of controller, auditor, or other public disbursing officer whose dutylit,.is to make payments under provisions of the contract - CIVIL CODE SECTION 3179 -3214) Prime Contractor: Sub Contractor (f Owner or Public E Improvement knon (Name and address of project or work of improvement) ` in the City of Costa Mesa, County-of Orange State of California. INDUSTRIAL ASPHALT, a Claimant, 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: Vid2Artukovirh & Con_, The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was: ASPHALTLC�ONCRETE & RELATED ITRMS__ Total value of labor, service, equipment or materials agreed to be furnished ............. $ 528_56 Total value of labor, service, equipment or materials actually furnished ...................$ - -- 628.56 Credit for materials returned, if any ............................... ..............................$ NONE. Amount paid on account, if any ..................................... ..............................$-----NONE- Amount due after deducting all just credits and offsets ........................................ $_ —_ 628.56 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 $_628.56_ and in addition thereto sums sufficient to cover interest, court costs and reasonable cost of litigation, as provided by law. A bond (CIVIL CODE SECTION 3083) IS NOT _ attached. (Bond required with Stop Notice served on construction lender on private jobs -bond not required on public jobs or on Stop Notice served on owner on private jobs.) Date: March-2O A996 Name of Claimant:_ _....JNDLLST.RIAL.ASP_HALT __ P 0 Box 2950 G3 Los-Ang e 0065 .� By. RZ! —t6 � Rene A. Isenhart, Corporate Credit Manager ma oW`"9 tom c, p ­ CS m ce c_ c,...__ . '\ VERIFICATION I, the undersigned, state: I am the COREORATE_CREDITMANAGER ( "Agent of ", "President of', A Partner of', "Owner of', etc.) the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on_March.20_.1426, at Los Angeles, State of California. (Signature of Claimant of Authorized Agent) REQUEST FOR NOTICE OF ELECTION (Private Works Only) If an election is made not to withhold hinds pursuant to this stop notice by reason of 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 infomlation must be provided by you under Civil Code Sections 3159. 3161 or 3162. Signed (Claimant must enclose self addressed stamped. envelope)_ _ RECORDING REQUESTEBY AND WHEN RECORDED RETURN TO: Cityy Clerkwwpp 3300 Newport Boulevard Newport Beach, CA 92663 Is Recorded in the County Cary of Orange, California 11111111111111111111111111111111111111111 1Ij11111111111111NI1Clerk /o Feer 005 19960 696 16 1 25 N12 2739 04; 30PM 05/20/96 1 7.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 6103" MA 'Y 24 126 NOTICE OF COMPLETION ,,,4 11N'PORI LU,CN NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport ��_ Boulevard, Newport Beach, California, 92663, as Owner, and Vido Artukovich & Son, Inc. as lfrJ Contractor, entered into a Contract on May 8, 1995 0 Said Contract set forth certain improvements, as follows: 36 -Inch Water Transmission Main Reach No. 1 Groundwater Development Project Contract No. C- 3004 -J Work on said Contract was completed on February 11, 1996 and was found to be acceptable on May 13, 1996 by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is United Pacific City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on u Newport Beach, California. BY City Clerk e3L i _ ✓ ..,i , at • • TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT May 13, 1996 CITY COUNCIL AGENDA ITEM NO. 14 SUBJECT: NOTICE OF COMPLETION - 36 INCH WATER TRANSMISSION MAIN REACH NO. 1 GROUNDWATER DEVELOPMENT PROJ gYTHECIT CONTRACT NO. C- 3004 -J CRY OF NEW RECOMMENDATIONS: MAY 1 3 1. Accept the work. A 2. Authorize the City Clerk to file a Notice of Completiorl 3. Authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. DISCUSSION: The contract for the construction of the Groundwater Development Project 36 -Inch Water Transmission Main - Reach No. 1 has been completed to the satisfaction of the Public Works Department. The contractor was Vido Artukovich & Son, Inc. of South El Monte, California. Bid price $ 1,971,245.00 Amount of change orders $ 112,795.32 Total contract cost $ 2,084,040.32 Funds for the project were budgeted in the following account: Description Account Number Amount Water Wells and Transmission Pipelines 7504- C5500094 $ 2,084,040.32 A total of three (3) change orders were issued to complete the project, each of which had several components. The change orders mostly centered around differing site conditions, relocation of Southern California Edison facilities and additional work required by the City of Costa Mesa. 1. A change order increase of $78,003.50 for extra work due to field changes and differing site conditions. a. Change in valve vault in 16th Street $ 15,000 b. Work within West Newport Oil Company property to preserve riparian habitat $ 19,878 c. Relocation of power pole and conduit by SCE $ 34,469 d. Misc. utility interference and differing site conditions 8,657 Total $ 78,004 • 0 Page 2 GWDP - 36 -inch Water Transmission Main - Reach No. 1 Notice of Completion C- 3004•J May 13, 1996 • 2. A change order increase of $22,930.00 for the addition of a closure sleeve in the pipeline for a power pole relocation and for the construction of new cross gutter and handicap ramp at Whittier and 19th Street per City of Costa Mesa Standards. a. Addition of a closure sleeve for power pole relocation $ 9,333 b. Remove and Replace MCWD 12" water line $ 2,515 c. Additional cross gutter & handicap ramp by Costa Mesa $ 9,014 d. Misc. utility interference and differing site conditions $ 2,068 Total $ 22,930 3. A change order increase of $11,861.82 for the addition of a ladder in the valve vault, closure of 19th Street due to SCE Relocation and purchase of extra pipe. Also, the deletion of tie -in connection at the Santa Ana River. a. Addition of a ladder in the valve vault $ 1,238 b. Closure of 19th Street due to SCE relocation $ 5,832 c. Purchase of remaining 36" DIP $ 7,071 d. Deletion of tie -in connection at the Santa Ana River $ (2,280) Total $ 11,861 The scheduled completion date for this project was December 4, 1995. This • schedule was revised to account for additional paving efforts and installation of a valve vault at the end of 16th Street adding an additional 40 days to the overall schedule. The revised completion date was February 11, 1996. Respectfully submitted, (Dj PUBLIC WORKS DEPARTMENT Don Webb. Director By: Michael J. Sinacori, P.E. / Utilities Engineer MJS:sdi • 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768 (714) 644 -3005 TO: PURCHASING /FINANCE DEPARTMENT FROM: CITY CLERK DATE: June 22, 1995 SUBJECT: Contract No. C- 3004 -J Description of Contract Groundwater Development Project 36 -Inch Water Transmission Main -Reach No. 1 Effective date of Contract May 8, 1995 Authorized by Minute Action, approved on May 8, 1995 Contract with Vido Artukovich & Son, Inc. Address 11155 Rush Street South El Monte, CA 91733 Amount of Contract $1,971,245.00 Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach I V "a'� May 8tb, 1995 CITY COUNCIL AGENDA ITEM NO, 19 TO: Mayor & Members of the City Council FROM: Utilities Department SUBJECT: CONTRACT FOR CONSTRUCTION OF WATER PIPELINE REACH NO. 1 PIPELINE (Utilities Yard to Santa Ana River) GROUNDWATER DEVELOPMENT PROJECT (CONTRACT NO. 3004 -J) RECOMMENDATIONS: Find that the lowest bidder, Vido Artukovich & Son, Inc. can meet the requirements for completing the proposed contract work and declare them the "low bidder ". 2. Award Contract No. 3004 -J to Vido Artukovich & Son, Inc. in the amount of $1,971,245. 3. Authorize the Mayor and the City Clerk to execute the contract on behalf of the City. DISCUSSION: At 2:30 p.m. on April 13"', 1995, the City Clerk opened and read bids for the subject project. A summary of the results are listed below and a more detailed itemized bid summary is attached as Exhibit "A ": Rank Contractor /Bidder Total Bid Price low Vido Artukovich & Son, Inc. $ 1,971,245 2 So. Cal. Underground, Inc. $ 1,980,955 3 Albert Davies, Inc. $ 2,160,000 4 Kenko, Inc. $ 2,173,911 5 Miramontes Construction Co., Inc. $ 2,192,995 6 Ken Thompson, Inc. $ 2,259,765 7 E. J. Meyer Company $ 2,272,222 8 Peter C. David Company, Inc. $ 2,362,302 9 Mladen Buntich Const. Company, Inc. $ 2,397,345 10 Simich - Masanovich JV $ 2,446,000 11 Schlumberger Industries, Inc. $ 2,472,331 12 Colich & Sons $ 2,481,595 13 Nick Tomovich & Sons. Inc. $ 2,533,685 14 Sully Miller Contracting $ 2,547,245 15 C. P. Construction, Inc. $ 3,136,090 Fifteen bids were received. The low bid was ($120,745) 61 /z% above the Engineer's Estimate of $1,850,500. Page 2 Reach No. 1 Pipeline Construction Award of Contract (C- 3004 -J) May 8°', 1995 THE LOW BIDDER: The low bidder, Vido Artukovich & Son, Inc. of South El Monte, California, is a qualified general contractor licensed to do business in California. This company has successfully completed pipeline construction projects for other reputable public water agencies and municipalities in Southern California. This firm has a good reputation in the water pipeline contracting industry and has a significant amount of experience with similar pipeline construction projects. Reference checks on their projects revealed a number of comments favorable to their ability to perform the work. The contractor recently performed part of the pipeline work related to the regional reclaimed water pipeline system being installed in Central and West Basin MWD's service area. The firm has also performed satisfactorily for the San Diego County Water Authority and the Metropolitan Water District of Southern California. The insurance policies and bidders bond submitted by the contractor meet the City's requirements. Staff believes that the contractor will be able to complete the proposed work satisfactorily. GENERAL PROJECT BACKGROUND: The Groundwater Development Project is comprised of a series of capital projects that will provide for extraction and delivery of groundwater from water wells in Fountain Valley through pipelines between there and Newport Beach. To convey the groundwater pumped from the wells to Newport Beach, the project requires construction of approximately four miles of large diameter pipeline. This contract provides for construction of one of those pipeline segments. THIS PROJECT SEGMENT: The overall project plan for transmission pipeline includes separating the pipeline into a number of smaller segments for design and construction. This project segment is referred to as Reach No. 1 and provides for construction of approximately 7,800 linear feet of 36 -inch diameter pipeline, approximately 750 linear feet of 16 -inch pipeline and approximately 500 linear feet of 12 -inch pipeline. The Reach No. 1 pipeline route lies primarily in public streets in the Cities of Costa Mesa and Newport Beach, but runs partially in easements across the lands owned by West Newport Oil Company through an unincorporated area near the Santa Ana River; and across the Newport Mesa Unified School District property adjacent to the 16i' Street Utilities Yard near the Whittier Avenue roadway alignment. These two easements were granted to the City in exchange for vacating the existing pipeline easements the City used when it operated water wells in Huntington Beach in the late 1950's. 0 0 Page 3 Reach No. 1 Pipeline Construction Award of Contract (C- 3004 -J) May 8'h, 1995 The pipeline route runs from the easterly side of the Santa Ana River along the northerly boundary of the West Newport Oil Company property, then easterly in 19"' Street to Whittier Avenue, then southerly in Whittier Avenue to the Utilities Yard on 16t' Street. A project vicinity map is included as Attachment "A ". This segment of the Groundwater Project will allow delivery of well water from Fountain Valley to the City's water system. It will connect the City's existing 30 -inch water main that was constructed underneath the Santa Ana River in 1991 and the existing 30 -inch water main in 16' Street. PROJECT CONSTRUCTION MANAGEMENT: The project construction will be performed by this pipeline contractor under the supervision of a construction project manager and the City. The City previously approved a contract to retain ALBA Construction Management, Inc. to provide field construction management services and inspection services for all of the six different pipeline contracts related to the Groundwater Development Project. PROJECT COSTS & SCHEDULE: The contractor's bid price for the project totaled $1,971,245. This price is 6.5% above the engineer's cost estimate (approximately $120,000). This is primarily due to the fact that the City did not adjust the cost estimate upward when the scope of work in the 19 Street area of the project was changed to include relocating and re- constructing approximately 500 feet of 12 -inch water main belonging to the Mesa Consolidated Water District and about the same length of 4 -inch gas main owned by the Southern California Gas Company. The number of bids received reflects a current competitive construction market and the bid amounts show the low bid price is a fair one considering the scope of the work contemplated. The funds needed for completing this part of the Groundwater Development Project are available in the Water Enterprise Fund under the Water Capital Projects Account No. 7504 -P- 500 - 094 -A. These funds were appropriated in the last four fiscal years in the water capital projects budget. Sufficient funds are available in this account to implement and complete the proposed project. The estimated time of completion for the project is 210 calendar days. The project specifications require the contractor to complete the work within this time - frame. The City's project schedule proposes that the contractor commence construction in June 1995. The schedule will allow completion of the portion of the project near the Santa Ana River in the summer months and provides an opportunity for the contractor to complete the portion of work near the 16t` Street Utilities Yard in the early part of the project. This will help minimize any disruption of the Reservoir & Pump Station construction. The project should be completed before Thanksgiving 1995. 0 THE BOTTOM LINE: • Page 4 Reach No. 1 Pipeline Construction Award of Contract (C- 3004 -J) May S'", 1995 The Reach No. 1 pipeline segment constraints dictate a coordinated schedule window for several parts of the contract. Work near the Santa Ana River in the riparian habitat requires summer season work and installation of the 36 -inch and 16 -inch water mains in 160` street near the Utilities Yard must be done prior to the time when the reservoir and pump station contractor is ready to tie -in to the new lines. The City has obtained all of the permits necessary for construction of this project segment and has coordinated with the other affected utility companies. Award of the contract at this time will allow the contractor to complete work within the confines of the schedule window and will allow the City to continue its plans to complete the Groundwater Development Project. The bid price is favorable in that it is within 10 percent of the construction cost estimate. Staff believes the contractor can complete the project satisfactorily and recommends award of the contract to the successful bidder, Vido Artukovich & Son, Inc. of South El Monte, California. Respectfully submitted, --6r- STAN Jeff Staneart, P.E. Utilities Director Attachments: Exhibit "A': Vicinity Map Exhibit "B ": Bid Summary JS:sdi List of Prior Relevant Council Actions: City Council January 25°i, 1993........ Approve and Certify Project EIR April 25`^, 1994 .............Approve Reach No. 1 Pipeline Design Contract December 12`", 1994..... Approve Addendum No. 3 to Final EIR No. 151 February 27'h, 1995...... Approve Plans & Advertise Reach No. 1 Pipeline Contract REACH NO. 2 i I A (!�?�� u � C �I ewport Beach Groundwater Development Project, ater Transmission Route Study Existing Mains O.C.W.D. - . . = .RillO.C.W.D. -. . Leased City Transmission Line —Preferred -. - REACH NO. 1 Well Sites 19 =H • Proposed a CW F EXHIBIT "A" a [JTfLIT1E5 YARD .... 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F U 3 W E � W K W C70 EXHIBIT o d m On+S O O uNiSmm O m000 N O of Z8 Q d N N O O p_ n N N p oQ O 00 O O O N N p 8 N OQ o4 O O Ofj M F 0o N N O M Vf n0 m O M v O N = O tD N N O N m N N N N O � Of N 0 �Cj r N L J N N N N mH N N V - N d N U O m 0 0 0 0 0 0 o p O O P T p S m N I m O C Z O O 01 N N 1p m m d N N Ql O O m P N 1D m T u1 7 N m m T m N N M N T - N n M t0 n C4 n n N ��`Q'prvHp'MScigSS�mOS000mwO = u h a v O g g 8 F- O d S M 0 0 0 ry poi O S O S O pop 0 0 0 �+ H n O N N N N N H N N N H N N H H N m d N d N SO m b N S pQ o S.O S 0° S S S O 0 S N N N N N N H O N P H M N M N 0 0 ZO m m n N H N N M N O O u Q N N M N N H m N m d E N E E aEi O S O P O N O A S O S S N m m O N VI O O$ Vf p 0 S 0 O 0 0 S 0 S O O ZS O tp M N pf n m m N O V1 Vf {p p N A T Of n O O N Vf O m N Vf I!f N V Q N tmp m N N N m M H� N N N N H N H N N N N y M N 0 0 O O m O 0S S 0 S 0 C5 = Q NN M H Vl O N N N N O 9 N H N � W d SS gg SS OO N gg m oo O SS $$ O 8 8 Z m O m 0 0 0 d ^ N O S d m n Q m M Ol n N V1 Yf N N N d N N N n O O N O Og N m N M m O1 N N n N N H N H N � N N m m N N N N N N N m Q N H N Min v�O888OS NOO 8 SOO N O H N p1 H H N N N N M N J J 44 J J J J J W w J aa W Q u] J J J J J J QQ W Q P Q M d N A P Q Q L a >u W U qq m m O tp - m an d N T O 10 fp n 07 OI O W N fl f N (p /� m q UlN EXHIBIT I a L a w U a ui I- ti N u U I� off. U E' F W 0 a 3Q Z� Lcl Q� U] Z L N C 3 w � < K � w b O " Z h Z uwJ ;du w o ExHlbir "F5" 4eF4 0 Q z z D C Q A m Ol N N N N N N N N N N N N N m N N N N N u CQ � m w mmm0O8SS0000CCOo�� m N 0 Vi 0 0 m oCCoo� 8 ooO �+o ZO N N N N N N O O m N N N N O V N m N N m N m m N N V 7 h N M N N N N N N m O. N U m m m m N T m m O M r fp N M d O p Z o d ai^ �ri NaiO own �i0 ni r.: ri m vi 7 W N d 00 _N N A m N d N Cl! O A fp m N m m m QN N N N N N N U O N N N N N N N N N N M m N A M N A m N P m P m N N m N O O b 3 N N N N N N y� N VV C� O P m P O A 41 P M A O N VI N O N N O Ol �- N O M S O O O T 01 b N d m Q M b A N N N N N N N N N N N N N N N m Q N v' a oQ8 pp Q8p pp 8 N pO c S 8 oQ 8 pQ N pppO FS O N N N M O N y� N N N N N O O 8 O C500.0 O V O = f y N N M z = 888Q°1 $ 0888° 8 m O^ O1 O m O O N N O N O^ O m N pm O N m N m m Of N N n N N N N N M N N m m N N N N N N M m Q N N w �n in m N O p Op oQoQ S$ O O O OOQQ lo tl1 W A O N N N J LL J J J J J J W Q J aa W J J y� J J yN� J J a W W yJ m N m m G O m m � P m O^ P N n N m P ' Q O L G c o `o m a ZO b S i FEB ? 7 1995 I February 27`x', 1995 CITY COUNCIL AGENDA ITEM NO. J y TO: Mayor & Members of the City Council FROM: Utilities Department SUBJECT: CONTRACT FOR CONSTRUCTION OF WATER PIPELINE REACH No. I WATER TRANSMISSION PIPELINE (C- 3004 -J) GROUNDWATER DEVELOPMENT PROJECT RECOMMENDATIONS: 1. Approve the plans and specifications. 2, Authorize the City Clerk to advertise for bids for construction of the project. a. Bids to be opened at half past two o'clock in the afternoon,.12:30 p.m.) on Thursday March 23rd, 1995, at the office of the City Clerk. DISCUSSION: This project is part of the City's Groundwater Development Project and provides for construction of approximately 7,800 linear feet of 36 -inch diameter water transmission pipeline. This reach of pipeline runs from the easterly side of the Santa Ana River along the northerly boundary of the West Newport Oil Company property, then easterly in 19' Street to Whittier Avenue, then southerly in Whittier Avenue to the Utilities Yard on 16' Street, The project will also provide, new 16 -inch water pipeline in 16"' Street to serve the West Newport Oil Company lands and will help provide water service to West Newport and the Banning Tract. The proposed pipe will be constructed entirely within public street rights -of -way and existing water pipeline easements. A project vicinity map is included as Attachment "X. This segment of the Groundwater Project will allow delivery of well water from Fountain Valley to the City's water system. It will connect the City's existing 30 -inch water main that was constructed underneath the Santa Ana River in 1991 and the existing 30 -inch water main in 16' Street. The design consultant, AKM Engineers, Inc., has completed the pipeline design and has prepared detailed construction plans and specifications. The Council approved the design contract at the April 25th, 1994, Council meeting. The Engineers' Estimate for the project construction cost is $1,850,500. The costs are distributed as indicated below. Funds for the work were approved in the 1992- 93,1993 -94 and 1994 -95 water capital projects budgets and are available in the Water Fund under Capital Project Account No. 7504 P 500 094 A. (3j) Groundwater Development Project - Page 2 Reach No. 1 Water Transmission Pipeline Authorization to Advertise Bids February 27'", 1995 Engineers' Cost Estimate Item Amount Install 7,500 linear feet of 36 -inch pipeline $ 1,500,000 Install 710 linear feet of 16 -inch pipeline 78,100 Jack & bore 120 linear feet of 36 -inch pipeline in 56 -inch casing 90.000 Install 30 -inch butterfly valve in vault 95,000 Install two, 16 -inch butterfly valves 6,000 Install 4 -inch & 2 -inch air- vacuum release valves 20,650 Construct tie -ins to e?dsting water mains 27,150 Install chlorination system components 1,600 Remove & dispose of interfering underground utility conduits 8,000 Traffic control & signage 16,500 Pressure test, flush & disinfect pipeline 7,500 Total Estimated Cost $1,850,500 The contract time of completion is 210 calendar days. Assuming approval of staff s recommended action, the construction effort could commence prior to the end of April 1995. The City proposes for the successful contractor to start and complete construction of the 16 -inch diameter water pipeline in 16' Street, near the Utilities Yard as soon as possible. This will help minimize any disruption of the Reservoir & Pump Station construction set to start in April 1995. If the City awards the contract immediately after bids are received, the resulting completion for the Reach No. 1 Pipeline should be approximately October 1995. Staff recommends approval to advertise for construction bids. Respectfully submitted, 1$j-F ..J��tNEAP -T Jeff Staneart, P.E. Utilities Director JS: sdi Attachment: "A ": Project Vicinity Map REACH NO. 3A REACH NO. 2 _ ApprL cximct � N.T.S. °9 REACH N0.311 ff SLR F 9111 IITALSERT IV ELLf9� Newport Beach LWU Groundwater p. EACH Development Project �-- ater Transmission Main Route Study F7Existing Mains O.C.W.D. Seawater Main -- O.C.W.D. Seawater Main m 1[ a Leased �(g City Transmission Line a Proposed Transmission Lines _illd Preferred Route WHIM- U.yu.1m..1 4...... 1..5 I AM UTILMES YARD Well Sites 0 Proposed EXHIBIT "A" /rIQ I REACH NO. 1 19TH x 3 AM UTILMES YARD Well Sites 0 Proposed EXHIBIT "A" /rIQ I 0 0 NOTICE INVrMG BIDS Seal Bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Post Office Box 1768, Newport Beach, California 92658 -8915 until 2:30 o'clock p.m on 23rd day of March , 1995, at which time no more will be accepted for: GROUNDWATER DEVELOPMENT PROJECT 36 -INCH WATER TRANSMISSION MAIN - REACH NO. 1 Title of Project C- 3004 -J Contract No. $ 1,850,500 Engineer's Estimate �0 } V `�` fin+ \� TO 1. Approved by the City Council this 27th day of February, 1995 Wanda E. Raggic, /ff City Clerk Prospective bidders may obtain one set of contract documents for $25.00 at the office of the Public Works Department, 3300 Newport Boulevard, Post Office Box 1768, Newport Beach, California 92658 -8915 For further information, call Jeff Staneart at 644 -3011. Project Manager CITY CLERK'S COPY • CITY OF NEWPORT BEACH • UTILITIES DEPARTMENT GROUNDWATER DEVELOPMENT PROJECT 36 -INCH WATER TRANSMISSION MAIN REACH No.1 CONTRACT NO. C- 3004 -J PROPOSAL To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P.O. Box 1768 Newport Beach, California 92658 -8915 Gentlemen: The undersigned declares that he has carefully examined the location of the work, has read the Instructions to the Bidders, has examined the Plans and Special Provisions, and hereby proposes to furnish all materials and shall perform all work required to complete Contract No. C- 3004 -J in accord with the Plans and Special Provisions, and will take in full payment therefore the following unit prices for the work, complete in place, to wit: NOTE: All applicable sales taxes, State and /or Federal, and any other special taxes, patent rights or royalties shall be included in the prices quoted in this proposal. SCHEDULE OF WORK ITEMS ITEM NO. APPROXIMATE UNIT QUANTITY DESCRIPTION PRICE TOTAL AMOUNT 1. Lump Sum Mobilization, demobilization and cleanup for the lump sum price of One Hundred Thousand Dollars and No Cents Lump Sum- $100.000.00 Lump Sum 2, 3400 L.F. Furnish and install 36 -inch water main push -on joints complete and in place including potholing of all existing utilities for the unit price of One Hundred EightSix Dollars and No Cents $186.00 $ 632.400.00 Per Lineal Foot 1of6 • SCHEDULE OF WORK ITEMS • ITEM APPROXIMATE UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE AMOUNT 3. 4044 L.F. Furnish and install 36 -inch restrained joint water main complete and in place including potholing of all existing utilities for the unit price of Two Hundred Seventeen Dollars and Fifty Cents $ 217.50 $ 879.570.00 Per Lineal Foot 4. 275 L.F. Furnish and install 30 -inch restrained joint water main complete and in place including potholing of all existing utilities for the unit price of One Hundred Ninety Dollars and No Cents $190.00 $ 52.250.00 Per Lineal Foot 5. 733 L.F. Furnish and install 16 -inch water main, complete and in place including potholing of all existing utilities for the unit price of Ninety- -Five Dollars and No Cents $ 95.00 $ 69,635.00 Per Lineal Foot 6. Lump Sum Furnish and install 6 -inch tie -ins, including valves, connections and removal of interfering portions of existing pipe, complete and in place for the lump sum price of Twenty -Four Thousand Dollars and No Cents Lump Sum $ 24.000.00 Lump Sum 2of6 0SCHEDULE OF WORK ITEMS • ITEM APPROXIMATE UNIT NO. QUANTITY DESCRIPTION PRICE 7. Lump Sum Furnish and install 18'x 15' valve vault structure, including valves, piping, couplings, and connections, complete and in place for the lump sum price of Two Hundred Fifteen Thousand Dollars and No Cents Lump Sum Lump Sum 8. 2 EA. Furnish and install 4 -inch air and vacuum valve assembly complete and in place for the unit price of Twenty Thousand Dollars and No Cents $ 20,000.00 Per Each 9. 1 EA. Furnish and install 16 -inch butterfly valve with box and cover complete and in place for the unit price of Three Thousand Two Hundred Dollars and No Cents $3,200.00 Per Each 10. 160 L.F. Install 54" x 3/4" wall steel conductor casing, complete and in place for the unit price of Six Hundred Forty Dollars and No Cents $ 640.00 Per Lineal Foot 11. 23 EA. Furnish and install marker signs complete and in place for the unit price of One Hundred Fifty Dollars and No Cents 1$ 50.00 Per Each 3of6 TOTAL AMOUNT $ 215.000.00 $ 40.000.00 $3,200.00 $102,400.00 $3,450.90 •SCHEDULE OF WORK ITEMS • ITEM APPROXIMATE UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE AMOUNT 12. 61 EA. Removal and replacement of existing sewer laterals for the unit price of One Hundred Dollars and No Cents $100.00 $6,100.00 Per Each 13. Lump Sum Pressure test, disinfect and flush new water mains for the lump sum price of Eleven Thousand Dollars and No Cents Lump Sum $ 11.000.00 Lump Sum 14. Lump Sum Excavation safety measures including adequate sheeting, shoring and bracing or equivalent methods for the protection of life and limb, which shall comply to applicable safety orders for the lump sum price of Fifty Thousand Dollars and No Cents Lump Sum $ 50,000.00 Lump Sum 15. Lump Sum Relocate and protect in place existing 4 -inch gas line in 19th Street for the lump sum price of Two Thousand Dollars and No Cents Lump Sum $2,000.00 Lump Sum 16. Lump Sum Construction Dewatering as required between Stations 26 +44.56 and 47 +00.00 for the unit price of Four Thousand Dollars and No Cents Lump Sum $4,000.00 Lump Sum 4of6 SCHEDULE OF WORK ITEMS • ITEM APPROXIMATE UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE AMOUNT 17. Lump Sum Provide Traffic Control for the Project for the Lump Sum Price of Five Thousand Dollars and No Cents Lump Sum $5,000.00 Lump Sum 18. 460 L.F. Removal and disposal of existing 12 -inch AC Pipe. Furnish and install 12 -inch PVC pipe including connection to existing fire hydrant, including valve, connections to existing pipe and other appurtenant work all complete and in place including potholing of all existing utilities for the unit price of Eighty -Five Dollars and No Cents $ 85.00 $ 39,100.00 Per Lineal Foot I 19. 13 EA. Removal and disposal of existing AC Pipe within limits of trench. Furnish and install PVC pipe including coupling adapters from AC to PVC for the unit price of Two Thousand Three Hundred Dollars and No Cents $2,300.00 $ 29,900.00 Per Each 5of6 The following "Deduct" blanks are provided for potential use by the Bidder, if desired, for last - minute reductions in the bid amount. Following the "Deducts" (if any), the Bidder is to indicate the Total Price in Written Words. DEDUCT - List Bid Items affected and amount: Item No. DEDUCT AMOUNT IN WRITTEN WORDS 2 One Hundred Thirty -Six Thousand Dollars and No Cents 3 One Hundred Sixty -One Thousand Seven Hundred and Sixty Dollars and No Cents Dollars and Cents SUBTOTAL OF DEDUCTS: Two Hundred Ninety-Seven Thousand Seven Hundred and Sixty Dollars and Cents TOTAL DEDUCT AMOUNT $136.000.00 $161,760.00 913 SUBTOTAL DEDUCT AMOUNT $ 297,760.00 Total Price in Written Words (subtotal of Bid Items 1 through 19 Less Subtotal of Deducts): One Million Nine Hundred Seventy -One Thousand Two Hundred and Forty -Five Dollars and Cents $1,971,245.00 Total Price L-` Bidder's Name Vido Artukovich & Son, Inc. Bidder's Address 11155 Rush Street, South El Monte, California 91733 Bidder's Telephone Number (213) 283 -0911 Contractor's License No. & Classification 135297 "A" 9/30/96 Expiration Date April 13 "',1995 Date 6of6 S /Mark Artukovich, Vice President Authorized Signature & Title 0 City of Newport Beach Utilities Department 0 Bid Addenda No. 1 for the project titled: City of Newporl Beco,, U1111Hos Department Groundwater Development Project 36 -inch Water Transmission Main - Reach No. 1 Contract No. C-3004 -j Bid Documents Addenda No. 1: Bidders shall propose to complete Contract No. C-3004 -J in accord with the "PROPOSAL" as modified by this addenda. This is the first addenda to this contract. It consists of one (1) page; this page only. The following substitutions, additions, deletions or clarifications shall be made to the contract documents -- all other conditions shall remain the same. NOTICE INVITING BIDS Substitution - Substitute the first paragraph in its entirety with the following: Seal Bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Post Office Box 1768, Newport Beach, California 92658 -8915 until 2:30 p.m. on the 6'" Day of April, 1995, at which time.no more will be accepted for: Bidders are required to include this page when submitting their bid proposal. A second Bid Addenda will be issued that will include substitutions, additions, deletions or clarifications to the contract documents. Bids will be opened at the office of the City Clerk at 3300 Newport Boulevard at 2:30 p.m. Thursday, April 6", 1995. Warning! Bids submitted without this addenda page signed, dated and attached to the bid proposal shall be rejected as "non - responsive. Jg�r_F SrANEART Jeff Staneart, P.E. Utilities Director & Project Manager JS: dsg Addendum received by: 1 / Bidder: Vido Artuk /0Vi /h n I Date: 3/22/95 Signature Page 1 of 1 for Addenda Number 1 (Sent btarch 17, 1995) 0 0 City of Newport Beach Utilities Department Bid Addenda No. 2 for the project titled: Groundwater Development Project 36 -inch Water Transmission Main - Reach No. 1 Contract No. C -3004 J Bid Documents Addenda No. 2: Bidders shall propose to complete Contract No. C-3004 -J in accord with the "PROPOSAL" as modified by this addenda. This is the second addenda to this contract. It consists of twenty one (21) pages; this page and twenty (20) others as attachments. The attachments are provided as substitutions, additions, deletions and clarifications to the plans and specifications. Bidders are required to include this page and the attachments when submitting their bid proposal. Bids will be opened by the City Clerk of the City of Newport Beach in the Clerk's Office at 3300 Newport Boulevard at 2:30 p.m. Thursday, April 13th, 1995. Warning! Bids submitted without all pages of this addenda signed, dated and attached to the bid proposal shall be rejected as "non- responsive." �F- `�'CP�NEAfiLT' Jeff Staneart, PE Utilities Director & Project Manager JS: dsg Addendum received by: /l Bidder: Ar uko is o I Date: 4/4/95 Signature: Page 1 of 21 for Addenda Number 2 (Sent March 31, 1995) 0 0 The following changes, additions, deletions or clarifications shall be made to the contract documents; all others conditions shall retrain the same. NOTICE INVITING BIDS Substitution - Substitute the first paragraph in its entirety with the following: Seal Bids may be received at the office of the City Clerk, 3300 Newport Boulevard, Post Office Box 1768, Newport Beach, California 92658 -8915 until 2:30 p.m. on the Jr Day of Apa 1995, at which time no more will be accepted for: PROPOSAL Substitute - Substitute the Proposal and Schedule of Work Items pages P -la through pages P -If in their entirety with Attachment No. 1. SPECIAL PROVISIONS SECTION 1, PAGE SP -2, PARAGRAPH 1- Item 1 -3.1- General Substitute - Substitute the paragraph in its entirety with the following: Appurtenant work to the 36 -inch pipeline project will include: • Removal and relocation of an existing 12 -inch M.C.W.D. water line in 19th Street. • Protect in place or relocate of an existing flinch gas line in 19th Street. • Abandonment of an existing 12 -inch pipeline in 16th Street. • Construction of a new 16 -inch water line to replace the abandoned 12 -inch water line in 16th Street. • Construction of a valve vault structure. • Connections to existing City of Newport Beach facilities. • Protect in place native riparian vegetation as indicated in the mitigation area. SECTION 1, PAGE SP -2 - Item 1 -3.2 - Work on West Newport Oil Company Property Substitute - Substitute the last paragraph of this item in its entirety referring to replanting of the construction area and replace with the following: Included will be a mitigation area as shown on the drawings and clearly identified in the field by the City. The Contractor shall protect in place all native riparian vegetation as marked in the field Addendum received by: / 1 J 7 Bidder: Vido Artukovigh & Inc ate: 4/4/95 Signature L' Page 2 of 21 for Addenda Number 2 (Sent March 31, 1995) 0 • SECTION 1, PAGE SP -2 - Item 1 -3.3 - Removal and Replacement of Existing 12 -Inch M.C.W.D. Waterline Substitute - Substitute the paragraph with the following: The work in 19th Street will require removal and replacement of a section of existing 12 -inch A.C.P. waterline owned by Mesa Consolidated Water District (M.C.W.D.). The waterline shall be relocated as shown on the drawings and replaced with 12 -inch AWWA C -900 PVC Class 200 per M.C.W.D. standards. It will be the responsibility of the Contractor to coordinate this work with the Mesa Consolidated Water District and adhere to any special requirements stipulated by the District. As a part of this removal and replacement, a fire hydrant near the intersection of 19th Street and Balboa Boulevard will need to be reconnected. SECTION 1, PAGE SP -3 - Item 14.2 - Prosecution of Work Substitute - Substitute this paragraph in its entirety and replace with the following: 1-4.2 Prosecution of Work No work shall begin until a schedule of work has been approved by the City. The schedule shall conform to the requirements detailed below: It is expressly understood and agreed that the time of beginning, the rate of progress, and the time of completion of the work are of the essence of this Contract. The work shall be executed with such progress as required to prevent any delay to other contractors working on other contracts at the site, the Contract milestones, and the general completion of the Contract. The Contractor shall employ or retain the services of a Construction Scheduler who shall have verifiable experience as the person primarily responsible for preparing and maintaining detailed project schedules on projects of the same or similar size and nature as this project. The person in charge of scheduling is required to attend all meetings pertaining to scheduling and progress of the work. Within seven (7) calendar days after Award of Contract, the City will schedule and conduct a preconstruction meeting to commence development of the required project schedule and discuss other items. At this meeting, the requirements of this Section, as they apply to the Contract, will be reviewed with the Contractor. The Contractor shall be prepared to review and discuss methodology for the schedule and sequence of operations plus cost and manpower loading methodology. The Contractor shall prepare and submit to the City, the Construction Schedule within seven (7) calendar days after a preconstruction meeting. The Construction Schedule shall be comprised of a detailed Network Diagram. The Construction Schedule shall show the dates on which each part or division of the work is expected to be started and completed, and shall show all submittals which constrain any work activity, allowing a minimum of thirty (30) calendar days for the City's review of each submittal unless a longer period of time is specified elsewhere in these Contract Documents. The Contractor shall also submit a separate listing of all submittals required under the Contracting showing when each submittal will be submitted. The work activities making up the schedule shall be of sufficient detail to assure that adequate planning has been done for proper execution of the work and such that, in the sole judgment of the City, it provides an appropriate basis for monitoring and evaluating the progress of the work. Submittal and approval of the Construction Schedule in accord with the requirements of this Section is a condition precedent to the receipt of any payments from the City under this Contract. The Construction Schedule shall show the sequence, duration, and interdependence of activities required for the complete performance of all work. The Construction Schedule shall begin with the date of the "Award of Contract" and conclude with the date of Final Completion shown in the Contract. Addendum received by: Bidder: Vido Artuk / idh ncDa'te: 4/4/95 Signature / 1rr� G Page 3 of 21 for Addenda Number 2 (Sent March 31, 1995) 0 0 Float, slack time, or contingency within the schedule (i.e., the difference in time between the project's early completion date and the required Contract Completion date), and total float within the overall schedule, is not for the exclusive use of either the City or the Contractor, but is jointly owned by both and is an expiring resource available to and shared by both parties as needed to meet Contract milestones and the Contract Completion Date. Pursuant to the float sharing requirement of the Contract, use of float suppression techniques such as preferential sequencing, special lead/ lag logic restraints, extended activity times or imposed dates shall be cause for rejection of the Project Schedule and any revisions or updates. The use of float time disclosed or implied by the use of alternative float suppression techniques shall be shared as directed by the City. Time extensions shall not be granted nor delay damages paid until a delay occurs which is beyond the control and without the fault or negligence of the Contractor and its Subcontractors or Suppliers, at anv tier and which extends actual performance of the work beyond the current Contract Completion Date. If the delay occurs along a path which the current approved Construction Schedule update projects late completion prior to addition of any City caused delay, then the time extension allowed will be only for the additional delay demonstrated by the approved Time Impact Analysis. Time extensions shall be granted only if they are clearly demonstrated by the Contractor through the submittal of a Time Impact Analysis which demonstrates the estimated impact on the end date of the work; is based upon the updated Construction Schedule current as of the month the delay occurred; and demonstrates that the delay cannot be mitigated, offset, or eliminated through such actions as revising the intended sequence of work or other means. Since float time within the Construction Schedule is jointly owned, it is acknowledged that City caused delays on the project may be offset by City caused time savings (critical path submittals returned in less time than allowed by the Contract, approval of substitution requests which result in a savings of time to the Contractor). In such an event, the Contractor shall not be entitled to receive a time extension or delay damages until all City caused time savings are exceeded and the Contract completion date is also exceeded. If the Contractor submits a Construction Schedule showing completion of the work more than thirty (30) calendar days in advance of the Contract completion date, the Contractor agrees that the City may, at no cost to the City, decrease the Contract duration by issuance of a change order which will change the appropriate Milestone Date(s) and the Contract completion date to the completion date reflected on the Project Schedule. Any approved schedule, revision, or update having an early completion date shall show the time between the early completion date and the current Contract completion date as "project float ". Comments made by the City on the Construction Schedule during review will not relieve the Contractor from compliance with the requirements of the Contract Documents. The review is only for general conformance with the scheduling requirements of Contract Documents. Upon the City's request, the Contractor and all major Subcontractors (defined herein as being any Subcontractor, Sub - Subcontractor, or Supplier with five (5 %) percent or more of the value of the Contract) shall participate in the review of the Contractor's Construction Schedule submissions (including the original material, all update submittals, and any resubmittals). All revisions shall be submitted within fifteen (15) calendar days after the City's review and comments are completed. A Detailed Network Diagram shall provide a workable plan for performing the work, establish and clearly display the critical elements of the work, forecast completion of the construction, and match the Contract duration in time. Exclusive of those activities for submittal review and material fabrication and delivery, activity durations shall not be less than one (1) nor more than thirty (30) calendar days, unless otherwise approved by the City. In addition to the Detailed Network Diagram, the Contractor shall submit the following reports with the original submittal: (1) Predecessor /Successor Report or a list showing the predecessor activities and successor activities for each activity in the schedule sorted by Early Start. (2) Activity Report sorted by activity number or a List showing each activity in the schedule. Addendum received by: BidderVido Artukovidh—Lw�gn Inc ale: 4/4/95 Signature:; i��� /..cif! :�i ✓% G.(� Page 4 of 21 for Addenda Number 2 (Sent ivlarch 31. 1995) 0 0 An updated Construction Schedule shall be submitted to the City with the submittal of the Contractor's monthly payment request. For those activities started, but not yet completed at the time of submittal, the updated schedule shall reflect the percentage complete, as agreed between the Contractor and the City, and an estimate of the remaining duration. The monthly update of the construction schedule shall include a copy of the following: (1) A bar chart diagram showing target versus actual dates for each activity remaining to be completed. (2) The Predecessor /Successor Report sorted by Early Start. (3) The Activity Report sorted by activity number. (4) The updated network diagram or the data necessary to produce such a diagram on computer diskette(s), as agreed with the City. The submittal of the updated Construction Schedule which satisfies the requirements of this Section, accurately reflects the status of the work, and incorporates all changes into the schedule, shall be a condition precedent to the processing of the monthly payment application. Updated schedules shall also be submitted at such other times as the City may direct. Upon approval of a change order or issuance of a notice to proceed with a change, the approved change shall be reflected in the next schedule update submittal by the Contractor. The Contractor will be compensated for the cost of including Change Orders in the Project Schedule, if such changes are required or requested by the City. All such inclusions shall be incorporated into the schedule at a fixed rate of $200 per Change Order. If completion of any part of the work, the delivery of equipment or materials, or submittal of Contractor submittals is behind the updated Construction Schedule and the delay will impact the end date of the work so as to push it past the contract completion date, the Contractor shall submit in writing, a recovery plan acceptable to the City for completing the work by the current Contract completion date, if requested by the City. Failure of the Contractor to submit the Baseline Project Schedule or any required resubmittals, schedule revisions, or schedule updates in a timely, accurate manner and in accord with the requirements of this Section, will result in costs to the City which are difficult, if not impossible to determine. Therefore, the Contractor shall pay the City Liquidated damages in the amount of $500 per calendar day, for every day the schedule submittal, revision, resubrrittal, or update is late. This amount shall be subtracted from any monies due and shall be forfeited by the Contractor. As a condition precedent to the release of any retained funds, the Contractor shall, after substantial completion of the work has been achieved, submit a final Construction Schedule which accurately reflects the manner in which the project was constructed and which includes actual start and completion dates for all work activities on the Construction Schedule. SECTION 1, PAGE SP4 -SP -8 Item 1 -5 : 'Payment" Substitute - Substitute this section in its entirety with Attachment No. 2 SECTION 1, PAGE SP -16 - Item 1 -25 - Additional Insured Delete - Delete Mesa Consolidated Water District as an additional insured. Addendum received by: Bidder: Vido A tul v'ch & „ 4te: 4/4/95 t Signature: ' G Page 5 of 21 for Addenda Number 2 (Sent ivlarch 31, 1995) 0 SECTION 1, PAGE SP -20 Add -Add the following: 1 -35 Substitution of Securities 9 Pursuant to Section 22300 of the California Public Contract Code, the Contractor shall have the option to deposit qualified securities in an escrow account with an escrow agent as a substitute for retention of Contractor earnings required to be withheld by the City pursuant to the Contract Documents; provided, however that the Contractor meets the conditions specified herein below. The following conditions are expressly agreed by the parties to be consistent with, in addition to, and not in any way contradictory with, the requirements of Section 22300 of the California Public Contract Code: 1. The escrow agent and escrow agreement selected by the Contractor shall be approved by the City and both the escrow agent and escrow account shall be located within the State of California. 2. The securities eligible for deposit into the escrow account shall include those listed in Section 16130 of the California Government Code, and agreed to in writing by the Contractor and the City. 3. In the event that the qualified securities deposited in the escrow account decrease in value to an amount less than the cash amount then required by the Contract Documents to be withheld as retention by the City, the escrow agent shall notify the City of the deficiency within five (5) days and the Contractor shall deposit, to the extent of the deficiency, additional qualified securities with the escrow agent within five (5) days of City notification to the Contractor of such deficiency. Upon the expiration of the five (5) day notice period to the Contractor, the City shall have the right to: a) cause the escrow agent to immediately convert the qualified securities deposited in the escrow account to cash and to immediately remit such cash amount to the City; b) cause the escrow agent to terminate the escrow account upon satisfaction of provision a) of this paragraph; and c) satisfy any withholding deficiency by retaining amounts necessary to satisfy such deficiency from any funds due or to become due to the Contractor under the Contract Documents. Notwithstanding any of the foregoing provisions, the Contractor shall have the right to establish another escrow account complying with the requirements of California Public Contract Code Section 22300 and these Contract Documents even though such a previous escrow account has been terminated. 4. The Contractor shall bear all of the expense of the City and the escrow agent in connection with the establishment of the escrow account, the deposit of qualified securities into the escrow account, all statements and accounting relating to the escrow account, and the maintenance of the escrow account. The Contractor shall, upon written notification to the City that the Contractor intends to open an escrow account with the escrow agent to deposit qualified securities as a substitute for retention of Contractor earnings required to be withheld by the City, notify the Surety in writing of such intention, and furnish the City with the written consent of the Surety to the utilization of such escrow account in lieu of periodic retentions. Addendum received by: Bidder.Vido ArtukciiVh &/@sal �,ricbare: 4/4/95 Page 6 of 21 for Addenda Number 2 (Sent wlarch 31, 1995) 0 0 SECTION 1, PAGE SP -20 Addition -Add the following: 1 -36 Shop Drawings Shop drawings shall be prepared and submitted in accord with Section 2 -5.3 of the Standard Specifications. The Contractor shall submit eight (8) copies for review by the City. The City will return three (3) copies to the Contractor for his use. SECTION 2, PAGE SP -16 - Item 2 -5.3 - Pipe Joints Addition -Add the following paragraph: Restrained joints for the 36 -inch pipeline shall be provided between the following stations: Station 36 +02.00 - 66 +03.00 Station 90 +47.00 -100 +89.33 Restrained joints for the 30 -inch pipeline shall be provided between the following stations: Station 100 +89.33 -103 +63.72 APPENDIX B, LANDSCAPE SPECIFICATIONS Delete - Delete Appendix B in its entirety. CONSTRUCTION PLANS Included below are descriptions of addendum items that relate to each corresponding construction plan sheet. The Contractor shall coordinate these items with the enclosed revised construction plan sheets, hereinafter referred to as Attachment 3. Sheet No. 2 - General Notes, Vicinity Maps, and Abbreviations. (Attachment 3 of this Addendum) Substitute - Substitute in the Sheet Index: Sheet 30 - Mitigation Planting Plan with Sheet 30 -12 -inch M.C.W.D. Waterline Relocation Substitute - Substitute in the Sheet Index: Sheet 13 - Station 9 +00.00 - Station 17 +14.20 with Station 9 +98.82 -17 +31.44. Substitute - Substitute in the City of Newport Beach General Notes: Substitute Note 11 in its entirety with the following: "11. THE CONTRACTOR(S) SHALL OBTAIN A PERMIT TO PERFORM EXCAVATION OR TRENCH WORK AS DESCRIBED IN NO. 10 ABOVE FROM CAL - OSHA." Substitute Note 21 in its entirety with the following: "21. FLEX AND TRANSITION COUPLINGS USED TO JOIN PIPE IN WATER MAIN CONSTRUCTION SHALL HAVE ALL THREADED PARTS AND JOINING HARDWARE FABRICATED FROM TYPE 316 STAINLESS STEEL. PIPE HARNESS ASSEMBLIES, VALVE AND FITTINGS RESTRAINTS AND SHACKLE -CLAMP ASSEMBLIES SHALL BE JOINED UTILIZING TYPE 316 STAINLESS STEEL ALL - THREAD ROD, NUTS AND BOLTS AND WASHERS, CLAMPS, SHACKLES AND OTHER HARDWARE MAY BE CARBON STEEL OR DUCTILE IRON WHERE APPROPRIATE MUST BE COATED LIBERALLY WITH CORROSION PROTECTIVE MASTIC COMPOUND." Addendum received by: BidderVido Artuk 7j(ch44LSj6n Inc Date: 4/4/95 Signaturtt z4&4 4 Page 7 of 21 for Addenda Number 2 (Sent March 31, 1995) • C, Sheet No. 3 - Construction Notes and Sheet Notes. (Attachment 3 of this Addendum) Substitute - Revise the following Construction Notes: Note 4 - Delete in its entirety Note 12 - Substitute 88 SF for 215 SF Note 13 - Substitute 64 SF for 170 SF Note 15 - Delete in its entirety Note 28 - Revise (FE x PE) to (PE x PE) Note 36 - Substitute 48 SF for 122 SF Note 47 - Add to end of note "for work within the City of Newport Beach" Note 107 - Revise (MJ x FE) to (MJ x MJ) Note 118 - Revise to read: "Cut and remove M.C.W.D. existing 12" ACP waterline from existing 12" tee to first AC joint beyond 90° bend and replace with 12" PVC Class 200 pipe." Note 119 - Revise to read: "Install 12" x 12" x 6" D.I. (MJ x MJ x FE) tee, 6" D.I. (FE x PE) spool, 6" (RT x RT) resilient wedge gate valve with box and cover, D.I. (PE x PE) spool. Reconnect existing fire hydrant, see M.C.W.D. Standard Drawings 4, 12, 14, and 15. Reconstruct existing curb and gutter and sidewalk as required for reconnection of existing fire hydrant per City of Newport Beach Std's 180 -L and 182 -L." Note 123 - Substitute 24 SF for 60 SF Add notes 155, 156, 157, 158, 159, 160,161,162 Substitute - Revise the following Key Notes: Revise Note 19 to read: "Existing 12" waterline to be relocated and upsized to 16 ". See sheet 13:' Revise Note 34 to read: "Relocate M.C.W.D. existing 12" waterline. See sheet 30." Revise Note 36 to read: "Limits of Coastal Commission restoration area. Areas to be protected in place." Sheet No. 4 - Waterline Plan and Profile from Station 26 +44.56 to Station 36 +00.00. (Attachment 3 of this Addendum) Key Note 36 - "Limits of Coastal Commission restoration area. Area to be protected in place." Sheet No. 5 - Waterline Plan and Profile from Station 36 +00.00 to Station 46 +50. (Attachment 3 of this Addendum) Key Note 36 - "Limits of Coastal Commission restoration area. Area to be protected in place. Construction Note 12 - Substitute 88 SF for 215 SF. Sheet No. 6 - Waterline Plan and Profile from Station 46 +50.00 to Station 57 +00.00. (Attachment 3 of this Addendum) Addition - Revise the following construction notes: Add: 1" Air Vac., 2 CP STA (All existing) Add: Revised Vertical Pipeline Alignment Delete: 12 -inch Waterline Removal (Key Note 24) Addition: Construction notes revised. See Sheet No. 6 Addition - Revise the following key notes: Key Note 34: "Relocate M.C.W.D. existing 12" waterline. See Sheet 30." Addendum received by: Bidder:Vido Artukov ch & S ' nc ate: 4/4/95 Signature: Page 8 of 21 for Addenda Number 2 (Sent March 31, 1995) • 0 Sheet No. 7 - Waterline Plan and Profile from Station 57 +00.00 to Station 62 +50. (Attachment 3 of this Addendum) Addition - Revise the following construction notes: Substitute: Construction Note 36 - Substitute 48 SF for 122 SF Add: Construction Note 162 - "Existing M.C.W.D. AC pipe shall be replaced with AWWA C -900 PVC pipe of the same diameter as existing AC pipe. Limit shall be to the nearest joint on each side of trench. Coupling adapters from AC to PVC shall be Smith -Blair Style 411 with stainless steel nuts and bolts as per M.C.W.D. Standard Specifications Section 7.09." Add: Restrained joints to profile. Sheet No. 8 - Waterline Plan and Profile from Station 62 +50.00 to Station 72 +50.00 (Attachment 3 of this Addendum) Addition - Revise the following construction notes: Add: Construction Note 162 - "Existing M.C.W.D. AC pipe shall be replaced with AW WA C -900 PVC pipe of the same diameter as existing AC pipe. Limit shall be to the nearest joint on each side of trench. Coupling adapters from AC to PVC shall be Smith -Blair Style 411 with'stainless steel nuts and bolts as per NI.C.W.D. Standard Specifications Section 7.09." Add: Restrained joints to profile. Sheet No. 9 - Waterline Plan and Profile from Station 72 +50.00 to Station 82 +50.00 (Attachment 3 of this Addendum) Addition - Revise the following construction notes: Add: Construction Note 162 - "Existing M.C.W.D. AC pipe shall be replaced with AWWA C -900 PVC pipe of the same diameter as existing AC pipe. Limit shall be to the nearest joint on each side of trench. Coupling adapters from AC to PVC shall be Smith -Blair Style 411 with stainless steel nuts and bolts as per M.C.W.D. Standard Specifications Section 7.09." Sheet No. 10 - Waterline Plan and Profile from Station 82 +50.00 to Station 92 +00.00 (Attachment 3 of this Addendum) Addition - Revise the following construction notes: Add: Construction Note 162 - "Existing M.C.W.D. AC pipe shall be replaced with AWWA C -900 PVC pipe of the same diameter as existing AC pipe. Limit shall be to the nearest joint on each side of trench. Coupling adapters from AC to PVC shall be Smith -Blair Style 411 with stainless steel nuts and bolts as per M.C.W.D. Standard Specifications Section 7.09:' Add: Restrained joints to profile. Substitute: "Whittier Avenue" for "Whittier Street" Add: 1" Air Vac. (existing) Addendum received by: / 1 Bidder: Vido Artuk h -S n IncDate: 4/4/95 Signature: ' Y/ Page 9 of 21 for Addenda Number 2 (Sent March 31, 1995) 0 0 Sheet No. 11 - Waterline Plan and Profile from Station 92+00.00 to Station 100 +00.00 (Attachment 3 of this Addendum) Addition - Revise the following construction notes: Substitute: Construction Note 23 - Substitute 24 SF for 60 SF Add: Construction Note 162 - "Existing M.C. W.D. AC pipe shall be replaced with AWWA C -900 PVC pipe of the same diameter as existing AC pipe. Limit shall be to the nearest joint on each side of trench. Coupling adapters from AC to PVC shall be Smith -Blair Style 411 with stainless steel nuts and bolts as per M.C.W.D. Standard Specifications Section 7.09:' Addition - Revise the following key notes: Substitute: Key Note 33 - "City Boundary" Sheet No. 12 - Waterline Plan and Profile for Station 100 +00.00 to Station 103 +63.75 (Attachment 3 of this Addendum) Add: 6 -inch Water Lateral Profiles "A ", "B ", "C ", and "D" referenced from Sheet 13 Add: Restrained joints to profile. Addition - Revise the following key notes: Substitute: Second Sentence of Key Note 3 with the following: "Contractor To Notify City If Any Discrepancies Arise." Substitute: Key Note 19: "Existing 12" waterline to be relocated and upsized to 16 ". See Sheet 13." Sheet No. 13 - 16" Waterline Plan and Profile from Station 9+98.82 to Station 17 +31.44 (Attachment 3 of this Addendum) Add: Revised Vertical Alignment Addition - Revise the following construction notes: Substitute: (MJ x MJ) for (MJ x FE) (Construction Note 107) Substitute: Station 9 +98.82 for Station 9 +00.00 and Station 17 +31.44 for Station 17 +14.20 in sheet title block. Sheet No. 14 - Typical Roadway Sections, Detail 1 (Attachment 3 of this Addendum) Addition - Revise location of proposed 36" waterline and proposed 12" waterline. Addition - Revise vertical scale. Sheet No. 15 - Typical Trench Sections, Detail 3 (Attachment 3 of this Addendum) Addition - Revise the following construction notes: Add: Construction Note Number 155 Which Reads: "For work within the City of Costa Mesa, backfill with Class 100 -E -100 sand cement slurry." Add: Construction Note 47: add to the end "Within the City of Newport Beach" Addition - Revise Detail 3 title to read: 'Trench Section from Station 47 +20 to Station 47 +43.29 and from Station 51 +63.00 to Station 103 +63.32. For Stations 47 +43.29 to Station 51 +63.00. See Sheet 30. Revise - Revise titles of all details. Addendum received by: Bidder: Vido ArtukoNir &IS04.1 Inflate: 4/4/95 Signature: Page 10 of 21 for Addenda Number 2 (Sent March 31, 1995) 0 0 Sheet No. 16 - Connection Details, (Attachment 3 of this Addendum) Delete - Delete: Dimensions on Detail Number 3 Addition - Revise Detail 4 as follows: Substitute: 3 -inch sand cushion for 1 -inch sand cushion for Case 2. Add: Minimum clearance dimension from pipe for Cases 1 and 3. Delete: Concrete support wall around proposed waterline for Case 3. Addition - Revise the following construction notes: Substitute: Construction Note 13 - 64 SF for 170 SF Delete: Construction Note 15 Substitute: Construction Note 108- Concrete for Construct Addition - Revise title of Detail 3 as follows: Substitute: 101 +85.25 for 101 +02.75 Sheet No. 17 -16" Pipeline Extension Details, (Attachment 3 of this Addendum) Addition - Revise Detail 1 to show 6 -inch lateral crossing under existing 30 -inch waterline. Addition - Revise the following construction notes: Add: Construction Note 114 - (MJ x FE) after butterfly valve. Addition - .Revise the following key notes: Substitute: Key Note 18 - No. C -2879 dated December 1991 for C- 2961 -B Sheet 30 - Landscape Planting Plan, (Attachment 3 of this Addendum) Delete - Delete sheet in its entirety. Addition - Replace with Sheet 30 -12 -Inch M.C.W.D. Waterline Relocation Addendum received by: Bidder: Vido Date: 4/4/95 Page I I of 21 for Addenda Number 2 (Sent March 31, 1995) 1 -5 Payment 1 -5.1 General: ATTACHMENT 2 0 The unit prices and lump sum prices include full compensation for furnishing the labor, materials, tools, and equipment and doing all the work involved to complete the work included in the Contract Documents. Payment for incidental items of work not separately listed shall be included in the prices shown for the other related items of work. No additional compensation will be allowed. The following items of work pertain to the bid items included within the Proposal. 1 -5.2 Item No. 1 - Mobilization, Demobilization and Cleanup: Work under this item shall include preparatory and cleanup operations including, but not limited to, those necessary for the movement of personnel, equipment, materials and incidentals to and from the project site, securing a temporary construction yard, and maintaining the project site in a safe and orderly manner during construction. This item also includes any costs incurred for securing bonds, insurance permits and financing prior to beginning the construction work. 1 -5.3 Item No. 2 - Furnish and Install 36 -Inch Push -on Joint Water Main: Work under this item shall include furnishing and installing all pipe material including, but not limited to, pavement removal and replacement, exposing utilities in advance of pipe excavation operations, trench excavation, control of ground and surface water except between stations 26 +44.56 and 47 +00.00, bedding, backfill, compaction, installation of pipe, fittings, couplings, thrust blocks, polyethylene encasement, potholing of all existing utilities, connections to existing facilities, removal or protection of interfering portions of existing utilities or improvements, the removal and /or abandonment of existing utilities or structures, temporary and permanent support of utilities, disposal of excess excavation materials and all other work necessary to install the pipe complete in place. 1 -5.4 Item No. 3 - Furnish & Install 36 -Inch Restrained Joint Water Main: Work under this item shall include furnishing and installing all pipe material including, but not limited to, pavement removal and replacement, exposing utilities in advance of pipe excavation operations, trench excavation, control of ground and surface water, bedding, backfill, compaction, installation of pipe and joint restraints, fittings, couplings, thrust blocks, polyethylene encasement, potholing of all existing utilities, connections to existing facilities, removal or protections of interfering portions of existing utilities or improvements, the removal and /or abandonment of existing utilities or structures, temporary and permanent support of utilities, disposal of excess excavation materials and all other work necessary to install the pipe complete in place. 1 -5.5 Item No. 4 - Furnish and Install 30 -Inch Restrained Joint Water Main: Work under this item shall include furnishing and installing all pipe material including, but not limited to, pavement removal and replacement, exposing utilities in advance of pipe excavation operations, trench excavation, control of ground and surface water, bedding, backfill, compaction, installation of pipe, fittings, couplings, thrust blocks, polyethylene encasement, potholing of all existing utilities, connections to existing facilities, removal or protections of interfering portions of existing utilities or improvements, the removal and /or abandonment of existing utilities or structures, temporary and permanent support of utilities, disposal of excess excavation materials and all other work necessary to install the pipe complete in place. Addendum received by: Bidder: Vida Page 18 of 21 for Addenda Number 2 (Sent March 31, 1995) 4/4/95 0 0 1 -5.6 Item No. 5 - Furnish and Install 16 -Inch Water Main: Work under this item shall include furnishing and installing all pipe material including, but not limited to, pavement removal and replacement, exposing utilities in advance of pipe excavation operations, trench excavation, control of ground and surface water, bedding, backfill, compaction, installation of pipe, fittings, couplings, thrust blocks, 16 -inch valve, polyethylene encasement, potholing of all existing utilities, connections to existing facilities, removal or protection of interfering portions of existing utilities or improvements, the removal and /or abandonment of existing utilities or structures, temporary and permanent support of utilities, disposal of excess excavation materials and all other work necessary to install the pipe complete in place. 1 -5.7 Item No. 6 - Furnish and Install 6 -Inch Tie -Ins: Work under this item shall include furnishing and installing pipe material as required for 6 -inch tie -ins from the proposed 16 -inch waterline. The work shall include, but shall not be limited to, pavement removal and replacement, potholing of existing utilities in advance of pipe excavation operations, trench excavation, control of ground and surface water, bedding, backfill, compaction, installation of pipe, fittings, couplings, thrust blocks, butterfly valves, polyethylene encasement, removal or protection of interfering portions of existing utilities or improvements, connections to existing facilities, disposal of excess excavation materials and all other work necessary to install the pipe complete in place. 1 -5.8 Item No. 7 - Furnish and Install 18'x 15' Valve Vault: Work under this item shall include furnishing and installing the 30 -inch valve and valve vault including, but not limited to, pavement removal and replacement, excavation, control of ground and surface water, subgrade preparation, backfill, compaction, disposal of excess excavation materials, precast concrete vault, waterproofing, valves, valve operators, piping, fittings, taps, couplings, painting, thrust blocks, air vents, ladder, pipe supports, access covers, manhole frame and cover, floor sump, chlorine solution piping, chlorine solution diffuser, and all other work necessary to install the valve and valve vault complete in place. 1 -5.9 Item No. 8 - Furnish and Install 4-Inch Air and Vacuum Valve Assembly: Work under this item shall include furnishing and installing air and vacuum valve release assemblies, including but not limited to pipe, fittings, gate valves, air release and vacuum valve, valve box, steel cover, painting, combination air release and vacuum valve, excavation, bedding, backfill, compaction, pavement, sidewalk removal and replacement, installation of crash posts and all other work necessary for an operable complete assembly. 1 -5.10 Item No. 9 -16 -Inch Butterfly Valve: Work under this item shall include furnishing and installing a 16 -inch butterfly valve in accord with the City of Newport Beach Std - 510 -L -C, and Std - 508 -L, including but not limited to valve box and cover, concrete anchor block and valve extension. 1 -5.11 Item No. 10 - Bore & Jack, 54" x 3 /a" Wall Steel Casing: Work under this item shall include installation of a 54" x 3/a" wall steel casing under 18th Street, including but not limited to, excavation shoring, steel casing, skids, backfill, compaction, pavement removal and replacement, and all other work necessary to provide a complete installation. Addendum received by: Bidder: Vido . I o i & pa in�ale: 4/4/95 Signature: Page 19 of 21 for Addenda Number 2 (Sent Nlarch 31, 1995) • 0 1 -5.12 Item No. 11 - Furnish and Install Marker Signs: Work under this item includes the fabrication and installation of marker signs between stations 27 +00.00 and stations 47 +00.00 including excavation and placement of concrete. 1 -5.13 Item No. 12 -Removal and Replacement of Existing Sewer Laterals: Work under this item shall include the repair or remodeling of existing sewer laterals in Whittier Avenue in accord with the Costa Mesa Sanitary District requirements and Detail 4 on Sheet 16. The Contract shall make the appropriate provisions for potentially remodeling all sewer laterals in accord with the detail shown. The lateral elevations shown on the plan and profile drawings were compiled from the best available as -built information. However, the locations shown on the plans shall not be construed as meaning that no sewer lateral conflicts exist. It is the Contractors responsibility to include proper provisions in his bid to address any situation which may arise in the field. Laterals which do not require remodeling or reconstruction, or that reasonably can be protected in place, shall be considered incidental work to the pipeline construction and shall not be included under this pay item, nor shall any additional compensation be allowed therefor. 1 -5.14 Item No. 13 -Pressure Test Disinfect and Flush: Work under this item shall include successfully pressure testing, disinfecting and flushing the new water main per the project specifications. 1 -5.15 Item No. 14 - Excavation and Safety Measures: Work under this item shall include adequate sheeting, shoring and bracing or equivalent methods for the protection of the life and limb, which shall comply to applicable safety orders including, but not limited to, planning, designing, engineering, furnishing, constructing, and removing temporary sheeting, shoring and bracing, and any other work necessary to conform to the requirements of any permits, OSHA and the Construction Safety Orders of the State of California, pursuant to the provisions of Section 6707 of the California Labor Code. 1 -5.16 Item No. 15 -Protect in Place or Relocate Existing 4 -Inch Gas Line on 19th Street: The work shall include all provisions necessary to protect in place and /or relocate an existing 4 -inch Southern California Gas pipeline on 19th Street west of Whittier Avenue. 1 -5.17 Item No. 16 - Dewatering Between Stations 26 +44.56 and 47 +00.00: Work shall include, but not be limited to, providing power, permits, and maintaining ample means and devices for disposing of all water from any source entering the excavations or other parts of the work. The work shall include, but not be limited to, sump pumping, deep wells, and or well points. It is the contractors responsibility to determine the magnitude of water which will be encountered prior to the bid. There shall be R4 additional compensation for removing surface water or groundwater which is encountered during excavation and is in excess of that anticipated by the contractor. 1 -5.18 Item No. 17 -Traffic Control: Work under this item shall include providing the traffic control required by the project including but not limited to signs, cones, barricades, flashing arrow sign, K -rail, striping, restriping, flagmen and all other work necessary to comply with the traffic control plans and City of Newport Beach and Costa Mesa requirements. Addendum received by: Bidder: Vido Artukov'ictl . &j ZOVIncD/at/e: 4/4/95 Signature:/ 7 L Page 20 of 21 for Addenda Number 2 (Sent March 31, 1995) 1-5.19 Item No. 18 . Re Work moval of COnPLc addict ender dusmcl amp odude remodelin Portions of 12-Inch M.C,W,D. pipeline: Pipeline work C e g compliance with apPli ableposmg of 12- nch C900 PVC r item shall a the 12 per not Operations eWD �uirementsdefurrushiinngandreplacin� , , D.asb In excavation moval Thus compaction, ' 'trench excavationpcontrol of eX�osu utilitis P�Ae ma erial inclume with potho ' installation of pipe glen ling of rt on sof din interfering conn�sbo uplings g unb o surface titer, bedd 1Pe g but st exis' gPortionsofe utiliti and ling utitmaterials ctures �e Pjora or to I tin facilit , P°Iye � oene Incaseg backfill, excavation trtt r s• retnov ment, and till m men there Protection o other li' and penni3nnk su mova! and /or abando of I -5.20 Item No. 19 _ wOrk necessary to install PPort of utilities nment of Removal the Pipe Coonplee a POsat of excess Work under nd Replacement of M.0 place. Pipelines his de s which cross the 'nude removin W D' AC PipeRne Crossing 'Clude fu requirements set f Posed pipeline den disPosing of M,C W 9u eme is Tung and replaces reY M Oved C W.D. In addit i shall nclud asbestos cement the mute ° trench removal rePlacetPelines with C -900 PV der this 'ten' atshaII'th on, work 411 Proposed pipeline This h stainless steel nuts and boP�g adapters fromll be to the nearest .A4. C. W.D. also compaction,,. en t; nchex�avati n con clu�8 buinokD Banda dV$PeCifi1eStWth- 81airStyief or Prtectio nstallation of i trol of ground l+mited to, pavem Cations Sectio 9. n of hnterfe ' P Pe' flttin s, co 0, and surface water, ent removal anti •0 abando Posal of excess B i Orstr�x rin 8s, co a eimprovements, ons to ex 8 ties 4es g utilities complete in Place. atiOn mate ' cttues rein ora the s, removal ' and all other o k necepa the support of I and /or rY to irut the pipe twties, Addendum received by: 0:1 . e.. Date: 4/- Page 21 of 21 for Addenda Number 2 (Sent March 31 1995) 0 INSTRUCTIONS TO BIDDERS Page 2 The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS. 1.PROPOSAL 2. INSTRUCTIONS TO BIDDERS 3. DESIGNATION OF SUBCONTRACTOR(S) 4. BIDDER'S BOND (sum not less than 10% of total bid price) 5. NON - COLLUSION AFFIDAVIT 6. TECHNICAL ABILITY AND EXPERIENCE REFERENCES except that cash, certified check or cashier's check (sum not less than 10% of the total bid price) may be received in lieu of the Bidder's Bond. The title of the project and the words "SEALED BID" shall be clearly marked on the outside of the envelope containing the documents. The City of Newport Beach will not permit a substitute format for the documents listed above. Bidders are advised to review their content with bonding and legal 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. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). The Contractor shall be responsible for compliance with Section 1777.5 of the California Labor Code for all apprenticeable occupations. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 135297 "A" Vido Artukovich & Son. Inc. Contr's Lic. No. Classification Bidder Da to S A.P. Artukovich, President Authorized Signature /Title 0 0 Page 3 DESIGNATION OF SUBCONTRACTOR(S) State law requires the listing of all subcontractors who will perform work in an amount in excess of one -half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and /or the Standard Specifications for Public Works Construction, as applicable. The Bidder, by signing this designation certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. Subcontractor Address Subcontract Work 1.Pacific Boring, Inc. P.O. Box, Caruthers, CA Horizontal Drilling 7 1 11 12 Vido Artukovich & Son, Inc. Bidder S /A. P. Artukovich, President Authorized Signature /Title 0 0 Page 4 BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, That we, Vido Artukovich & Son, Inc. as bidder, and United Pacific Insurance Company as Surety, are held and firmly bound unto the City of Newport Beach, California, in the sum of TEN PERCENT OF BID AMOUNT IN 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 16 -Inch Water Transmission Main - Reach No. 1 C- 3004 -I Title of Project Contract No. in the City of Newport Beach, is accepted by the City Council of said City, and if the above bounden bidder shall duly enter into and execute a contract for such construction and shall execute and deliver to said City the "Payment" and "Faithful Performance" contract bonds described in the Specifications within ten (10) days (not including Saturday, Sunday, and Federal holidays) after the date of the mailing of Notice of Award to the above bounded 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 obligations under this bond. IN WITNESS WHEREOF, we hereunto set our hands and seals this 16th day of March -19-9-5. (Attach acknowledgement of Attorney -in -Fact) *See attached acknowledgement Notary Public 4/22/95 Commission Expires Vido Artukovich & Son. Inc. Bidder S/A. P. Artukovich, President Authorized Signature /Title United Pacific Insurance Company Surety By: S /Ruth E. LeDuc Title: Attorney -in -Fact CALIFORNIA ALL -PURPS ACKNOWLEDGMENT • State of California County of Los Angeles On March 16, 1995 before me, Tracy Aston, Notary Public DATE NAME TRLE OF OFFICER - E-G.. 'JANE JOE. NOTARY PUSU personally appeared Ruth E. LeDuc 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 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. e �:a f WITNESS my hand and official seal. L Tracy Aston TUBE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this forth. CAPACITY CLAIMED BY SIGNER ❑_ INDIVIDUAL U CORPORATE OFFICER TTi s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL [9 ATTORNEY-IN -FACT I_i TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAVE OF PERSON(S) OR ENTY(IES) United Pacific Insurance Company DESCRIPTION OF ATTACHED DOCUMENT Bid Bond TITLE OR TYPE OF DOCUMENT 1 3/16/95 NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE N.. SX7 • • Page 5 NON - COLLUSION AFFIDAVIT The bidder, by its officers and agents or representatives present at the time of filing this bid, being duly sworn on their oaths, say that neither they nor any of them have, in any way, directly or indirectly, entered into any arrangement or agreement with any other bidder, or with any public officer of such CITY OF NEWPORT BEACH whereby such affiant or affiants or either of them, has paid or is to pay to such bidder or public officer any sum of money, or has given or is to give to such other bidder or public officer anything of value whatever; or such affiant or affiants or either of them has not directly or indirectly, entered into any arrangement or agreement with any other bidder or bidders, which tends to or does lessen or destroy free competition in the letting of the contract sought for by the attached bids; that no bid has been accepted from any subcontractor or materialman through any bid depository, the bylaws, rules or regulations of which prohibit or prevent the bidder from considering any bid from any subcontractor or materialman which is not processed through said bid depository, or which prevent any subcontractor or materialman from submitting bids to a bidder who does not use the facilities of or accept bids from or through such bid depository; that no inducement of any form or character other than that which appears upon the face of the bid will be suggested, offered, paid or delivered to any person whomsoever to influence the acceptance of the said bid or awarding of the contract; nor has the bidder any agreement or understanding of any kind whatsoever with any person whomsoever to pay, deliver to, or share with an other person in any way or manner, any of the proceeds of the contracts sought by this bid. Vido Artukovich & Son, Inc. Bidder S /A. P. Artukovich. President Authorized Signature /Title Subscribed and sworn to before me this 13th day of April , 19 95 . My Commission Expires: Tune 22nd, 1998 S /Annie Amoon Fraser Notary Public CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On April 13, 1995 before me, DATE personally appeared A.P. Artukovich Annie Amoon Fraser, Notary Public NAME, TITLE OF OFFICER - E.G.. 'JANE DOE, NOTARY PUBLIC' W. 390] NAME(5) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person() whose name(s) is /aFe ANNIE AMOON RiASER - subscribed to the within instrument and ac- )WA 1r 104IM2 Z knowledged to me that he /shaA#ey executed Nofay RtAC — CaSfaNe ' the same in his /h444tair authorized LOS ANGELES COUNTY w Comm. Expires JUN 22.199E capacity(i.eS), and that by his /h Hi 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. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ® CORPORATE OFFICER President ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTTYIIES) Vido Artukovich & Son, Inc. TITLE OR TYPE OF DOCUMENT 1 3/16/95 NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7186 Page 6 TECHNICAL ABILITY AND EXPERIENCE REFERENCES The undersigned submits herewith a statement of the work of similar character to that proposed herein which he has performed and successfully completed. Year Completed For Whom Performed (Detail) Person to Contact Telephone No 1995 West Basin Municipal Water District, Abdul Rashidi (310, ) 516 -9194 1986 Los Angeles County Sanitation District Charles Carry (213) 699 -7411 1983 San Diego County Water Authority Bob Melbourne (619, ) 297 -3218 1981 Metropolitan Water District of So. Cal. Gary Snyder (213) 250 -6000 1980 Crescenta Valley Water District Bob Dancoisne (818) 248 -3925 Vido Artukovich & Son, Inc. Bidder S /A. P. Artukovich. President Authorized Signature /Title 1] NOTICE • 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 (pages 8 & 9) FAITHFUL PERFORMANCE BOND (pages 10 & 11) CERTIFICATE OF INSURANCE & ENDORSEMENTS (pages 12,13 &14) CONTRACT (pages 15 & 16) The City of Newport Beach will not permit a substitute format for these contract documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Payment and Faithful Performance Bonds shall 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 Reister 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, except as modified by the Special Provisions. All costs associated with the specifications of these contract documents shall be absorbed in the bid. Such specifications shall include those contained in (1) each contract document and (2) the Standard Specifications for Public Works Construction, except as modified by the Special Provisions. 0 0 Bond No, U242 50 65 Page 8 Premium included in Faithful Performance Bond_ PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted May 8th. 1995 has awarded to Vido Artukovich & Son, Inc. hereinafter designated as the "Principal ", a contract for Construction of the 36 -Inch Water Transmission Main - Reach No 1 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond with said contract, providing that if said Principal or any of his or its subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We Vido Artukovich & Son. Inc. as Principal, and United Pacific Insurance Company as Surety, are held firmly bound unto the City of Newport Beach, in the sum of One Million Nine Hundred Seventy -One Thousand & Two Hundred Forty -Five Dollars ($1.971,245.00 ), 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. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal or his subcontractors, fail to pay for any materials, provisions, or other supplies, used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, that the Surety or Sureties will pay for the same, in an amount not exceeding the sum specified in the bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee, to be fixed by the Court as required by the provisions of Section 3250 of the Civil Code of the State of California. Page 9 The bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this bond as required by the provisions of Section 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 Principal and Surety above named, on the 17 day of May _,19 95 . Name of Mark Artukovich - Vice President Authorized Signature and Title United Pacific Insurance Company (Seal) Name of Surety 505 North Brand Boulevard, Suite 770 Glendale. California 91203 Address of Surety Signature and,Titlof Authorized Agent C. G. Grasso, Attorney -in -Fact 10 nnivprcal rjtz Pla7.a quitP '4400 universal City, CA! Address of Agent 91608 (818) 506 -0100 Telephone Number of Agent CALIFORNIA ALL- PURPOPACKNOWLEDGMENT • State of California County of Los Angeles On May 17, 1995 before me, Saundra L GincTas Notary Public Date Name and T21e of Officer (e.g., 'Jane Doe, Notary Public') personally appeared C c araaco 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 acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by pn,nnnnimnmm� OFFICIAL" F."" "' ° " ° ° ........... " his /her /their signature(s) on the instrument the person(s), OFFICIAL GFAf SAUNUR4 L i S or the entity upon behalf of which the person(s) acted, I executed the instrument. Y c. NC ' j's 4 My Comrr;lss,on r,.., WITNESS my hand and official seal. 0 Signature of Motary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: C. G. Grasso ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General 5� Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: United Pacific Insurance Company RIGHT THUMBPRINT OF SIGNER Signer's Name: I Number of Pages: 2 Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER 0 1994 National Notary Association • 8235 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 Prod. No. 5907 Reorder: Call Toll -Free 1 -800- 876 -6527 UNIT* PACIFIC INSURANCE CO&ANY HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the UNITED PACIFIC INSURANCE COMPANY, a corporation duly organized under the laws of the State of Pennsylvania, does hereby make, constitute and appoint C.G. Grasso, individually, of Universal City, California, its true and lawful Attorneyls) -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 UNITED PACIFIC 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 UNITED PACIFIC 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 of UNITED PACIFIC 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 (al 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 Attorney(s)-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 UNITED PACIFIC 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 UNITED PACIFIC INSURANCE COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed, this 16 day of September, 1993 STATE OF Washington COUNTY OF King ss. Dn this 16 day of September, 1993 f to me known to be the Vice Presidem of the foregoing instrument and affixed the se* Company,and the Resolution, set forth tW r( AM 1i PUBLIC 17A 3 -05 -96 UNITED PACIFIC INSURANCE COMPANY ;:446' i ' Vice President Lawrence W. Cerlstrom 3URANCE COMPANY, and acknowledged that he executed and attested the thereto, and that Article VII, Section 1, 2, and 3 of the By -Laws of said Notary Public in and for State of Washington Residing at Puyallup I, Robyn Layng, Assistant Secretary of the iEDVt�a$WIY' URANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney exec ¢ ITED PACIFIC 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 17 day of May 19 95 BDU-1431 Ed. 3193 6 -A Assistant Secretary CALIFORNIA ALL- PURPOSACKNOWLEDGMENT • State of California County of Los On May 18, 1995 DATE les before me, Annie Amoon Fraser, Notary Public NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" No. 5907 personally appeared Mark Artukovich NAME(S) OF SIGNERS) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are - - - - -- - - subscribed to the within instrument and ac- ' Q1MV ANNIEAMOONFRAM [ knowledged to me that he /she /they executed COIMA. # 10A1052 NotoryRbAC- C01fomN the same in his /her /their authorized LOS ANGEUSCOUNry ca acit les and that b his /her /their Comm. E q*es �::r'i Y1. 1998 P Y ( ) , Y 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. �if/izL � : �/S4� 4I _11 SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL E11 CORPORATE OFFICER Vice President TnLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IES) Vido Artukovich & SOn, Inc. DESCRIPTION OF ATTACHED DOCUMENT Payment Bond 2 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES May 17, 1995 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309 -7184 Bond No. U24200 65 Page 10 FAITHFUL PERFORMANCE BOND con tract t premium is for the contract term and is subject to adjustment based on final KNOW ALL MEN BY THESE PRESENTS, That contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted May 8th. 1995 has awarded to Vido Artukovich & Son, Inc. hereinafter designated as the 'Principal ", a contract for Construction of a 36 -Inch Water Transmission Main - Reach No. 1 in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, Vido Artukovich & Son. Inc. as Principal, and United Pacific Insurance Company as Surety, are held and firmly found unto the City of Newport Beach, in the sum of One Million Nine Hundred Seventy -One Thousand & Two Hundred Forty -Five Dollars ($ 1.971.245.00). said sum being equal to 100% of the estimated amount of the contract, to be paid to the said City or its certain attorney, its successors, and assigns; for which payment well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the said contract and any alteration thereof made as therein provided on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Newport Beach, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and virtue. Page 11 And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the contract or to the work or to the specifications. In the event that any principal above named executed this bond as an individual, it is agreed that the death of any such principal shall not exonerate the 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 17 day of May 19 95 Vido Artukovich & Son. Jnc. (Seal) Name f�Co rac (Pr' cipal) Authorized Signature and Title Mark Artukovich — Vice President Authorized Signature and Title United Pacific Insurance Company (Seal) Name of Surety 505 North Brand Boulevard, Suite 770 Glendale, California 919(-2 Address of Surety l Sign4fore a Title of Authorized Agent C. G. Grasso, torney -in Fact 10 Universal City Plaza, Suite 3400, Universal City,CA Address of Agent (818) 506 -0100 Telephone Number of Agent 91608 CAL11FORNIA ALL- PURPOSACKNOWLEDGMENT • State of California County of Los Angeles On May 17, 1995 before me, Saundra L. Gingras, Notary Public Date Name and -rile of Orcer (e.g., 'Jane Doe, Notary Public ") personally appeared C- C Craccn Name(s) of Signers) Q personally known to me – OR – ❑ proved to me on the basis of satisfactory evidence to be the person(s) Description of Attached Document Title or Type of Document: Faithful Performance Bond Document Date: 17. 1995 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: C. G. Grasso ❑ Individual 0 Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: United Pacific Insurance Cat�7an�' RIGHT THUMBPRINT OF SIGNER Number of Pages: Signer's Name: p Individual C3 Corporate Officer Title(s): Partner — ❑ Limited ❑ General a O Attomey -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here 0 1994 National Notary Association •8236 Remmet Ave., P.O. Box 7164 • Canoga P.M, CA 91309-'/184 Prod. No. 5907 Reorder. Call Tall -Free 1- 800-876.6827 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 :.::::::::.. .: �mmnam,otmemn his /her /their signature(s) on the instrument the person(s), ^_- or the entity upon behalf of which the person(s) acted, ,•. SAU I DRA 1 a executed the instrument. WITNESS my hand and official seal. my In q� O ,41 Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Faithful Performance Bond Document Date: 17. 1995 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: C. G. Grasso ❑ Individual 0 Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: United Pacific Insurance Cat�7an�' RIGHT THUMBPRINT OF SIGNER Number of Pages: Signer's Name: p Individual C3 Corporate Officer Title(s): Partner — ❑ Limited ❑ General a O Attomey -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here 0 1994 National Notary Association •8236 Remmet Ave., P.O. Box 7164 • Canoga P.M, CA 91309-'/184 Prod. No. 5907 Reorder. Call Tall -Free 1- 800-876.6827 UNIT` PACIFIC INSURANCE CO&ANY • HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the UNITED PACIFIC INSURANCE COMPANY, a corporation duly organized under the laws of the State of Pennsylvania, does hereby make, constitute and appoint C.G. Grasso, individually, of Universal City, California, its true and lawful Attorneylsl -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 UNITED PACIFIC 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 UNITED PACIFIC 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 of UNITED PACIFIC 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 Attorney(s)-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 UNITED PACIFIC 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 UNITED PACIFIC INSURANCE COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed, this 16 day of September, 1993 STATE OF Washington COUNTY OF King On this 16 day of September, 1993 F to me known to be the Vice President of the foregoing instrument and affixed the seaalJ// Company,and the Resolution, set forth tt" I, Robyn Layng, Assistant Secretary < and correct copy of a Power of Attorr }ss. UNITED PACIFIC INSURANCE COMPANY Vice President d Lawrence W. Carlstrom INSURANCE COMPANY, and acknowledged that he executed and attested the I& thereto, and that Article VII, Section 1, 2, and 3 of the By -Laws of said ors ✓J�qU ✓d/(1/O�r i_..�Z?Z X Notary Public in and for State of Washington Residing at Puyallup COMPANY, do hereby certify that the above and foregoing is a true IC INSURANCE COMPANY, which is still in full force and effect. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the seal of said Company this 17 day of May 19 95 BOU -1431 Ed. 3/93 Assistant Secretary CALIFORNIA ALL- PURPOSPACKNOWLEDGMENT State of California County of Los Angeles On May 18, 1995 before me, Annie Amoon Fraser, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Mark Artukovich NAME(S) OF SIGNER(S) Ll 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- ANCIIEE �OONNR�ER knowledged to me that he /she /they executed -.� ' NotaryK"c — Cceforro. the same in his /her /their authorized LOS ANGELES COUNW ab Comm. E01ea JUN 22,19" 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. ��le4A� O NOTAR OPTIONAL No. 5907 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL Dc CORPORATE OFFICER Vice President TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Vido Artukovich & Son, Inc. DESCRIPTION OF ATTACHED DOCUMENT Faithful Performance Bond 2 TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES May 17, 1995 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 CL&TIFICATH OF LNjSURANCE PRODUCER COMPANIES AFF W ItNO COVERAGE 24m, Aumfm umRmm 0;7, INC. I COMPANY A T=LMM 285 DMRIAL mwm SUTfM #104 LETTER XYM 00MANY COMPANY B PACIFIC NAITQIAL IliSmtANCE OOt9PANY LETTER FULIMM, CA 92635 INSURED _ COMPANY LETTER Vito AR1t1[37\ifCH fi'HE. COMPANY D 11155 RUSH SfREff LETTER SWni EL NOME, CA 91733 COMPANY E LE-[TER COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED SP.OW HAVE 8E5N ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD .NDICATEO. NOTWITHSTANOLNG ANY REQUIREMENT, TERM OR CCNOITICN OF ,AN'1 CONTRACTOR OTHER OOCUMENTSVITH RESPECT TO WPICH 7n'S CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE PCL:CIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES AND IS NL7 AMENDED, EX ?ENDED OR ALTERED BY THIS OEPTIF)CATE. C POLICY EFFECTIVE EXPIRATION TYPE OF INSURANCE ALL LIMITS INTHOliSA:NUS LTA NUMBER DATE DATE GENERAL LIABILITY (OCCURENCE BASIS ONLY) j GENERAL AGGREGATE S 2,000 COMMERCIAL COMPREHENSIVE PROCUCTSICOMPLETEO S 2,000 OWNERSB CONTRACTORS III — OPERATIONS A.GGPEGATE PROTECTIVE I (11/15/94 A PEI RSONAL INJURY 5 2,000 CONTRACTUAL FOR SPECIFIC CONTRACT AC 3256 11/15/95 PRODUCTS/COMPL_,EO OPERAPONI EACH OCCVRENCE I S 2,000 XCU HAZARDS i �. BROAD FORM PROPERTY DAMAGE I AG SE/ERASILITY OF INTEREST CLAUSE )IRE DAMAGE S (ANYONE FIRE) P. I. WITH EMPLOYEE EXCLUSION I REMOVED �� MEDICAL EXPENSES t--' MARINE (,ANY ONE PERSON) 5 I AUTOMOBILE LIABILITY COMBINED S 1,000 X' :i• SINGLE UMIT 7 ANY AUTO'' ! BODILY INJURY ALL OWNED AUTOS 1 S (PER PERSON) . � ni '• BrI SCHEDULED AUTOS BCP 2133440 O1 10/01/94 10/01/95 �f HIRED AUTOS BODILY I S (PER A CCIDEN 7 NON -OWNED AUTOS ORAMAGETM S GARAGE UABILITY FXCESS LIABILITY EACH AGGREGATE UMBRELLA FORM OCCURENCE OTHER THAN UMBRELLA FORM S WORKERS' COMPENSATION ! STATUTORY S EACH ACCIDENT & I S 1 OISEASE- POLICY UMIT _ EMPLOYERS' LIABILITY S DISEASE-EACH EMPLOYEE OTxCR S OCSCRIPTTON OF OPEAARONS iLOCAT1pNSNEHICLES +zT65TRICTION;ilSPEC1Al )TENS: ALL OPEa4T;ON5 PERFORMED FOR THE CITY OF NEWPORT BEACH BY OR ON BBHALF OF THE NAMED INSURED P! CONNECTION WITH, BUT NOT LIMITED TO THE FOLLOWING CONTRACT' 36-lKH NAM 1RANMMON MAIN - RMAC i N0. 1 C- 3004 -1 PROIELTTTILE ANDCONTRA NUMBER CERTIFICATEMOLDER' . CANCELLATION :..... ... , . ... :`.,. .. ... CITY OF NEWPORT BEACH I SHOULD ANY OF THE ABOVE DESCRIBEC POLICIES BE M009000CM OANCELLECKM P.Q. BOX 170 BEFORE THE EXPIRATION DATE THE COMPANY AFFORDING 3300 NEWPORT BOULEVARD I COVERAGE SHALL PROM DAYS VM ADVANCE NOTICE TO THE CITY CF NEWPORT eEAq By T C A NENVPORT BEACH. CALIFORNIA 92658 -891 -5 ---- -- ATTENTION: RFF SPANART 5!24/95 AL'TFi0Rla6 REPRESEMATIVF ISSUE DATF • • Paoe 13 CITY OF NEWPORT BEACH It is agreed that 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 .ase of automobiles (or autos) used by or cn 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 uisLng out of automobiles (1) owned by or registered un the name of an additional insured. or (2) leased or rented by an additional . insured, or ;3i operated by eui additional insured. The insurance afforded said additiunal insureds) ;hali apply as :surarce ar.d nu of .er Ln5urancc 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." The limits of liability under this endorsement for the additional insureds named in Paragraph 1. of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit: [ ] Multiple Limits Bodily Injury Liability Bodily injury Liability Property Damage Liability [ Xj CombLned Single Limit Bodily Lnj•..ry Lia'nili!y and Property Damage Liability $ t.000.000.00 per person $1,Q00.000.00 per accident t! !h! 1t $ 1.0001000 The limits of liability as stated in this endorsement shall not increase the total liability of the company, affording coverage for all damages as he result of any one accident or occu. -rence in e-xcess of the limits of liability stated in the policy as applicable `.n Automobile Liability Insurance. 4. Should the policy be non - renewed, cancelled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days advance notice to the City of Newport Beach by registered mail, Attent'gn: Public Works Department. 5, Designated Contract: .16 -Tnch Water Transcds5i,nr Main - Reach No 1 C•3004 -i (Project Tide and Contras; No.) This endorsement is effective May 24, 1995 at 12:01 A.M. and forms part of Policy No. BCP 2133440 01 of Pacific National Insurance Company (Company Affording Coverage) • . Page 14 CITY OF NEW PORT B &ACH GENERAL L1ABI Tv TNc;URANCE FNDC7ASENILZ It is agreed that: With respect to such insurance as is afforded by the policy for General Liability, the City of Newport Beach, its officers and employees are additional insureds but only with respect to liability arising out of operations performed by or on behalf of the named insureds in connection with the contract designated below ur acts and orrussions of the additional insureds in connector with its general supervtsiun of surd. operations. The ul:urance afforded said addit:cnal :sured(s) shall apply as primary insurance and ro other insurance maintained by the City of Newport Beach shall be called trpon tc contrbute with insurance provided by this policy 2. The policy includes the following provision! "The insurance afforded by the p01iry applies seoantety to each m5t.r d ap%r St whom claim is made or suit i, brought, except w�L ^ ^, respect to rye lu=te n• e' the company affording coverage" 3 The uSUraoce afforded by Ltie policy for Contractual Uabaity Tnscuance i m subject to the ters, condidans and exclusions applicable to such j)surance) incivdes lability assun-,ed by the named iruured under the indemnification or hold harmless provision container in the Written contract, desigmited below, between the named insured and the City of Newport Beach. C With respect to such Insurance as is afforded by this policy, the exclusions. if any, pertaining to the explosion, hazard, collapse hazard and under,F_ound property hazard (commonly :eferred to as "XCU" hazards) are deleted, 3. The limits of liability under this endorsement for the additional insured(s) named in paragraph I of this endorsement shall be the limits indicated below written or, an "Occurrence" basis: (X) Commercial( ] Comprehensive General liability $ 2,00,000.00 each occurrence $8,00000 .00 each occurrence The applicable limit of the Contractual Liability for the company affording coverage shall be. reduced by any amount paid as damages under this endorsement in behalf of the additional 1nsured(s) . The limits of liabilitv as stated in this eridorsem.e ^,t shall not increase the total liability of the companv affording coverage for all darnages as the result of *uiv one occurrence ;n excess of the :huts of liabilitl; stated in the policy as apr,iicable to General LiabUi1v insurance 6. Should the policy, be .cancelled or .... 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:__ 36 -Inch Water Transmission Main • Reach No 1 C- 30044 (Project Title and eoncract No.) This endorser.,,ent is effective_, May 24, 1995 at 12:01 A.M. and fa=ns a part of Policy No. AC 3256 of Alpine Insurance Company (company Affording r_overagc) irnsnrad Vido Artukovich & Son, Inc. Fnrindarn am Vn Smith, Newman r& Adamson/Bv T7T4_ F.Ca 0 • Page 15 CONTRACT THIS AGREEMENT, entered into this 8th day of Way, 1995 , by and between the CITY OF NEWPORT BEACH, hereinafter "City," and Vido Artukovich & Son. Inc.. hereinafter "Contractor," is made with reference to the following facts: (a) City has heretofore advertised for bids for the following described public work: 36 -Inch Water Transmission Main - Reach No. 1 C- 3004 -)_ Title of Project Contract No. (b) Contractor has been determined by City to be the lowest responsible bidder on said public work, and Contractor's bid, and the compensation set forth in this contract, is based upon a careful examination of all plans and specifications by Contractor, NOW, THEREFORE, the parties hereto agree as follows: 1. Contractor shall furnish all materials and perform all of the work for the construction of the following described public work: 36 -Inch Water Transmission Main -Reach No. 1 C- 3004 -L Title of Project Contract No. which project is more fully described in the contract documents. Contractor shall perform and complete this work in a good and workmanlike manner, and in accordance with all of the contract documents. 2. As full compensation for the performance and completion of this work as prescribed above, City shall pay to Contractor the sum of One Million Nine Hundred Seventy -One Thousand Two Hundred & Forty-Five Dollars ( $ 1,971,245.00). This compensation includes (1) any loss or damage arising from the nature of the work; (2) any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work; (3) any expense incurred as a result of any suspension or discontinuance of the work; but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 3. All of the respective rights and obligations of City and Contractor are set forth in the contract documents. The contract documents are incorporated herein by reference as though set out in full and include the following: (a) Notice Inviting Bids (b) Instruction to Bidders and documents referenced therein (c) Payment Bond (d) Faithful Performance Bond (e) Certificate of Insurance and Endorsements(s) • Page 16 (f) Plans and Special Provisions for 36 -Inch Water Transmission Main - Reach No. 1 Title of Project C- 3004 -1 Contract No. (g) This Contract. 4. Contractor shall assume the defense of, and indemnify and hold harmless, City and its officers, employees and representatives from all claims, loss or damage, except such loss or damage proximately caused by the sole negligence of City or its officers, employees and representatives. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the day and year first above written. ATTEST: City Clerk APPROVED S Tj O FORM: /ljirit City`Attomey CITY OF NEWPORT BEACH a municipal corporation By: �Jc Mayor W cq� % Mark Artukovich - Vice President Authorized Signature and Title Page 17 WORKERS' COMPENSATION INSURANCE CERTIFICATION "I am aware of the provisions of Section 3700 of the Labor Code which requires 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." 18, 1995 Date C- 3004 -F Contract Number Vido Artukovich & Son. Inc. Name of Contractor (Principal) Auth razed Signature and Title Mark Artukovich — Vice President 36 -Inch Water Transmission Main - Reach No. 1 Title of Project