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HomeMy WebLinkAboutC-3004(L-1)RECd4DING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Recorded in the County of Orange, California Gary L. Granville, Clerk /Recorder 111111111N11{{ III{ I{ II{ Illlllilll {IIIIIIIIi{{IIII{IIIIiI{i111{ {I No Fee 19980292386 3:24pm 05/12/98 005 29006226 29 57 N12 1 6.00 0.00 0.00 0.00 0.00 0.00 "Exempt from recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and CK Construction of Signal Hill, California, as Contractor, entered into a Contract on June 12, 1995. Said Contract set forth certain improvements, as follows: 36 -Inch Water Transmission Main, Reach No. 3 Pipeline (C- 3004L). Work on said Contract was completed on February 22, 1998, and was found to be acceptable on April 27, 1998 by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is TIG Premier Insurance Company. Public Works Director City of Newport Beach VERIFICATION I certify, under penalty of perjury, that the foregoing is true and correct to the best of my knowledge. Executed on ) k 0� ol 8 , at Newport Beach, California. -ddnnkwh�- BY ty 1er Q2 0 0 0 []T Jm J m o O Y1' �R1 TJ � co o m i Q y r Cyr" x� OD 0 0 []T Jm J m o O �R1 TJ � co o m m c'� Q y r Cyr" x� OD Fisher, Cathy From: Harkless, LaVonne Sent: Wednesday, June 24, 1998 2:43 PM To: Fisher, Cathy Subject: CK Pump Release of Bonds Robin is still working on the bond release issue with CK Pumps. She is hoping to have it resolved before she leaves on 2 weeks vacation at the end of the week, however if she doesn't we are to just hold it until she returns. C tea- uv\a� r"O -�� Q,-,\ E o o Q-�) CAKA- V"\ J Ov AA. - � lam++ C .r N0�a- dV NV-OPlL� -�-O b-�- &OAL? -Cyr Page 1 acllIei® CERTIFICA. DF INSURANCE DATE (MM /DD /YY 08/28/97 PAOOUCER Armstrong /Robitaille Iris. Svc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Ingham, Coates & Payn�. 301 E. Colorado Blvd. #301 Pasadena, CA 91101 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 'ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ! COMPANIES AFFORDING COVERAGE __... -. -.— -. COMPANY ACommerce & Industry Insurance Comp - i COMPANY B r'fFr co CANv xvl' I ` INSURED - - - -- A E SCHMIDT ENVIRONMENTAL 16509 Saticoy Street Van Nuys CA 91405 - - COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OFINSURANCE LTR POLIC'i NUMBER POLICY EFFECTIVE DATE (MM /DO /YY) POLICY EXPIRATION DATE (MM /DU/YY) LIMITS A: GENERAL LIABILITY 3408162 04/07/97 04/07/98 GENERAL AGGREGATE $5,000 OOO I X COMMERCIAL GENERAL LIABILIT) =CLAIMSMADEFX OCCUR PRODUCTS- COMP /OPAGO SS 000 000 PERSONAL B ADV INJURY s5 000 000 EACH OCCURRENCE s5,000, 000 WNER'S B CONTRACTOR'S PRO Xi BI PD Ded:100001 I FIRE DAMAGE (Any one If &)1$5 01000 MED EXP(Anyone person) _ i$S 000 A AUTOMOBILE LIABILITY ! 5053344 !08/31/97 08/31/98 1 X ANY AUTO COMBINED SINGLE LIMIT $5, 000, 0OO ALL OWNED AUTOS SCHEDULED AUTOS j BODILY INJURY (Per person) $ HIRED AUTOS NON -OWNED AUTOS - -- IBODILYINJURY$ (Per accitlenl) - — I j PROPERTY DAMAGE .8 -- GARAGE LIABILITY AUTO ONLY -EA ACCIDENT :S ANY AUTO : OTHER THAN AUTO ONLY: -- _— EACHACCIDENT_S AGGREGATE i$ (E %CESS LIABILITY EACH OCCURRENCE i$ _ AGGREGATE $ UMBRELLAFORM $ OTHERTHANUMBRELLAFORM WORKERS COMPENSATION AND - EMPLOYERS' LIABILITY - [EACH !STATUTORY LIMITS - _ -- ---" -• MCCIDENT ;$ I THE j PARTNE RSIEXE CU TIVE [Dill INCL _ DISEASE - POLICY LIMIT _ I$ ._._.... _. OFFICER S qqE: E %CL DISEASE -EACH EMPLOYEE I$ OTHER I DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /SPECIAL ITEMS Certificate holder is hereby named (See Attached Schedule.) as additional insured per the CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Newport Beach EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Public Works Department P 0 Box 0 _� Q DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 1768 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Newport Beach, CA 92658 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUT�Z� EPR�TIVE I ACOR025 -S (3/93)1, ot2 '- 522033 220'19 'CML oAC05DCORPORATION 1993'. DES(PTIONS (Continued from p�e 1;) blanket additional insured endorsement attached to the policy as respects General Liability coverage SAGIFAX W02/97 BT 1:20PM ARMSTRONG ROSITAILLE INS SVCS PAGE 1 PRODUCER - - - -� - .. .:::.:::::::::::::::.:.»::::::: ;. DATE MM YY) \'? I ! DDl ii /.. THIS CERTIFICATE IS 193UED AS A MATTER OF INFORMATION Armstrong /Robitaille Ins. Svc. in ham Coates 6 Pa g r Payne ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 301 E. Colorado Blvd. #301 COMPANIES AFFORDING COVERAGE Pasadena, CA 91101 COMPANY ACommerce 6 Industry Insurance Comp INSURED A E SCHMIDT ENVIRONMENTAL COMPANY B 16509 Saticoy Street Van Nuys CA 91406 COMPANY C COMPANY D �` , ..... ......... .....1...h" .. .....:n...........:.:.... ».:. ....:,(. ......:.......... %'.: :f....i`.:...: n:..; yjy,:,vi<«i -:... ........... ..... ..........• /.5+.• % 5+ �{..........ER TI.......,.. nv......... n ................... rc..,......: n....... ..:.....,................»....E v........ISSUED :.....RE NA n.. v...:......:. PERT THIS IS TO CERTIFY THAT THE POLICES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY Pf3§OD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TEAM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEAMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OFINSURAN CE POLI CY NU MBER POLICYEFFECTIVE DATE(MMIDDrM POLICYEXPIRATIDN DATE(MMIMDl1'Y) LIMITS • GENERALUABILITY 3408162 04/07/97 04/07/98 GENERAL AGGREGATE s5,000,000 X PRODUCTS- COMP /OPAGG s5,000,000 COMM ERCIAL GENERAL LIABILIT CLAIMSMADEFX OCCUR PERSONAL& AOV INJURY $5 000 On EACHOCCURRENCE $5 000 000 WNER'S&CONTRACTOR'SPROT X I /PD Ded:10000 FIRE DAMAGE(Anywefire) $50,000 MEDEXP(Anymeperem) S5 000 • AUTOMOBILELIABILITY ANYAUTO 5053344 08/31/97 08/31/98 COMBINED SINGLE LIMIT $ 5,000,000 X BODILYINJURY (Per perem) $ ALLOWNEDAUTOS SCHEDULED AUTOS BODILY erw6dent) (Per eccidenl) S HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE S GARAG E LIA BI LITY AUTO ON LY -EA ACCT D ENT S DTH ER THAN AUTO ONLY: ... ............................... ... ............................... ANY AUTO EACH ACCIDENT S AGGREGATE S EXCESS LIABILITY EACHDCCURRENCE S AGGREGATE S UMBRELLAFORM S OTHER THAN UMBRELLA FORM EMPLOYERS' LIABILITY ON AND EMPLOYERS' LIABILITY STATUTORY LIMITS t«......;r......... #?i: \t. \R ? ?::.. EACH ACCIDENT $ TH E PROPRIETOR PARTNERS /EXEC/ UTIVE INCL DISEASE - POLICY LIMIT S DISEASE -EACH EMPLOYEE S OFFICERS ARE EXCL OTM ER DESCRIPTION OF OPERATIONS /LOCATIONSIVEHICLE /SPECIAL ITEMS City of Newport Beach, City of Fountain Valley, City of Huntington Beach, and County of Orange are hereby named as additional insureds per the (See Attached Schedule.) SHOULDANYOF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE City of Newport Beach EXPIRATION DATE THEREOF, THEISSUING COMPANYWILL ENDEAVOR TO MAIL Public Works Department oU DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TOTH E LEFT, P O BOX 1768 BUT FAI LURETO MAIL SUCH NOTICESHALL IMPOSE NO OBLIGATION OR LIABILITY Newport Beach, CA 92658 OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVE. AUTHORIl EDREPR EEN TIVE .......:.......:....:...... . OT� PO ROY d9nRn7 SAN FRANCISCO. CA 94142 -0807 t AUG 2 I 1 L This is to certify, that we have issued a valid. Workers' Compensation insurance policy in a form approved by the California. Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer. We will also give you TEN days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. AUTHORIZED REPRESENTATIVE " " - PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS,: $1#,000#,000 PER OCCURRENCE,' A.E. SCHMIDT ENVIRONMENTAL INC.. 16509 SATICOY ST VAN NUYS CA 91406 NV .4900 — BOND PREiVAIUM BASED FINAL CONTRACT PRICE 0 Contract Number C- 3004 -L BOND NO. 3SM 910 226 00 FAlItIFUL PERFORMANCE BOND (The premium charges an this Bond is S 2,471,00 being at the rate of $L p. oo thousand of the Contract price, MEREAS, A.E. Schmidt Environmental. as Principal has executed or is about to execute Contract No. 30114 -L- (Completion) and the terms thereof require the furnishing of a Bond for the W Mul performance of the Completion Contract; NOW, THEREFORE, we, the Principal, and American Moto ' is Insurance comaanv .,duty authorised to trartsect business under the laws or the Slate of CalMomis as Surety (hereinafter "Surety*), are held and firmly bound unto the City of Newport Beach, in the sum of * * ** Dollars (512 .547.00), lewfW money an the United States of America, said sum bldng equal to 1 owe of the estimated amount of the contract. to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind oumelvas, our heirs, executors end administrators. successors, or assigns, jointly and sevaraily, lftm ty these resent$ * ** *One Hundred Twenty Three Thousan Fiv undrel ort even and No(100ths THE CON0111ON OF THIS OSLiGA710N IS SUCH, that it the Principal, or the Principat'S heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the work, covenants, conditions. and agreements in the Completion Contract which is incorporated herein by reference, and any alteration thereof made as therein Provided on its part. to be kept and performed at the time and In the manner therein specified, and in all respects according to its true Intent and meaning, or falls to indemnify, defend, and save harmlim the City of Newport Beach, Its officers, employees and agents, as therein stipulated. then, Surety will faithfully perform the same, in an amount not exceeding the sum specified In this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Perfa naneo Bond, there shall be included carts and reasonable expenses and fees, including reasonable attorneys fees, incurred by the City, only in the event the City is required to bring an action In law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no Change, extension of time, aiterationS or additions to the terms of the Completion Contract or to the work to be perfomxd thereunder or to the spedfioalrtions accompanying the same shall In any way effect its obligations an this bond. and it does hereby waive notice of carry such change, extension of time, alteratlorts or additions of the contract or to the work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for six (6) months fallowing the data of formal aoaepfatwe of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obt'Igations under this Bond. 0 IN VW MESS WHEREOF, this hBtt ment has been duly examded by the Pdnclo and Surety above named, on the 25th day of August A.E. Schmidt Environmental Name of Contractor (PrIWpGQ American Motorists Insurance Company Name of Su" 7470 North Figueroa Street Los Angeles, CA 90041 Addma of Surety Rcbn alders Art.l)dbcock, Vice President David Z. Noddy /Attorney -in -Fact (213)257 -8291 Telephone t m? NOTARY ACKNOWLMMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 0 6 AT€3itA A r±arb Arc3�IGI+t State of California County of Los Angeles On AUG 2 5 1997 before me, A. MelendeZ. Notary Publze NAME, TITLE OF OFFICER personally appeared David Z. Noddle NAME OF SIGNER Personally known to me - OR - ❑ ....... .....................a.......... R 5 '., S 2 e proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my h dnand official seal. (SIGNATU O 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 SURETY ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 0 ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) American Motorists Insurance ompany DESCRIPTION OF ATTACHED DOCUMENT BOND(S) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER OTHER THAN NAMED ABOVE State of California County of Los Angeles On August 26, 1997 before me, Paula Burns, Notary Public NAME, TITLE OF OFFICER personally appeared Art Babcock ® Personally known to me - OR - ❑ PAULA L. BURNS 1 .� Comm'j sslon 11075299 -s Notary Public — Californlo Los Ange es county MY Comm. Expires Oct 15,1999 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNgJ § my hand anq official seal. L - (SIGNATIJ� // OF NOTARY) Optional —r 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. Description of Attached Document Title or Type of Document: Performance Bond Document Date: August 25, 1997 Number of Pages: 2 Signer(s) Other Than Named Above: David Noddle Capacity(ies) Claimed by Signer(s) Signer's Name: Art Babcock Signer's Name: ❑ Individual ❑ Individual ® Corporate Officer ❑ Corporate Officer Title(s): Vice President Title(s): ❑ Partner - 0 Limited ❑ General ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Attorney -in -Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: A.E. Schmidt Environmental 0 0 Contract Number C- 3004 -L BONDNO, 3SM 910 226 00 "1:4 �1111-1010191 WHEREAS. A. E. Schmidt Environments! as, Principal has executed or is about to execute Completion Contract No. 3004 -L- (Completion) and the terms thereof require the furnishing of a bond, providing that tf Principal or any of PrErtapars 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 act forth; which Completion Contract Is incorporated herein by this reference; NOW, THEREFORE, VVe the undemigned Principal, and, American Motorists Insurance _ company duly authorized to tnmsact busirmsa under the lawn of the State Of CaRIbrnia, as surety, (referred to herein as •Surety') are hald 11" bound unto the CRY Of Newport Beach, in the sum of * * ** Dollars ($12 4 p tewNI MOM of the United States of Americe, said sum being equal to 100% of the estimated amount payable by the City of Newport Beach under the tams of the Completion Contract; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns jointly and severally firmly by these present. * ** *One Hundred Twenty Three Thousand Five Hundred Forty Seven and No /100ths THE CONDITION OF THIS OBLIGATION IS SUCH, that it the Principal or the PrindWs subcontractors, fail to pay for any materials, provisions, or other supplies, implements Or machiliny 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 and, or for amounts due under the Unemployment Insurance Code with respect to such work or lobar, or for any mounts required to be deducted, withheld and paid over to the Employment 0mlopment Department from the wages of employees of the Principal and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, In an amount nd mraeeding the sum speoNied in tuft Bond, and also, In case suit IS brought to enforce Me obligatlons of this Bond, a reasonable attorney's fee, to be tilted by the Court as required by the provisions of Section 9290 of the civil c xle of the State of califotnin. The Bond shag Inure to the benefit of any and all persons, companies, and corporations entitled to file calms under Section 3181 of the California Civil Code so as to give s right of saw to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 3247 at, seq. of the Civil Code at the State of "Illomia. And Surety, for value mwwed. heretyr stlInktes and agrees Chet no change. extension Of time, alterations or addNtans to the terns Of the Completion Contract or to the work to be Wormed thereunder or the specifications accompanying the same shall In any wise afled its obligations an this Bond, and R does hereby waive noon of any such change, oRenafon of time. alterations or additions to the terms of the Complabon Contract or to the work or to the specificafimm In the event that any principal abwm named wwAA d this Bond as an individual, a is agreed that the death of any such principal shall not exonerate the Surety ftom its obligaliona underthis Bond. IN WITNESS WM6REOF, this instrument has been duty executed by the above named Principal and Surety. on the _ 25th day of _ August . %2 . A.E. Schmidt Environmental Name of Contractor (Pdncipaq American Motorists Insurance Company Name of Surety 7470 North Figueroa Street Los Angeles, CA 90041 Address of Surety I I M Art Babcock, Vice President Title A torn- in -Fact Tits 213- 257 -8291 Telephone NOTARY ACKNOWLPiDOMENTB OF CONTRACTOR AND SURETY MUST BE ATTACHED J State of California County of Los Angeles On AUG 2 51997 before me, A. MelendeZNotary Public NAME, TITLE OF OFFICER personally appeared David Z. Noddle NAME OF SIGNER Personally known to me - OR - ❑ A MELEPIDEZ � S 7 l so�w�su•..... �....�e��tl proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITN S my hand and official sea]. (SIGNATURE OF'. T RY) 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 SURETY DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TI'T'LE OR TYPE OF DOCUMENT TITLES) C3 PARTNER(S) ❑ LIMITED --------------------------------- ❑ GENERAL NUMBER OF PAGES ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTMOES) American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE MEMPER. Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the American Motorists Insurance Company, (hereinafter called the "Company") a corporation organized and existing under the laws of the State of Ilinois, and having its principal office in Long Grove, Illinois, does hereby appoint David Z. Noddle of Los Angeles, Cal"domia its true and lawful agent(s) and attomey(s)4n fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending on the date specified Wow, unless sooner revoked for and on its behalf as surety, and as its as and dead: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2, 500, 000. 00) » » " "•••'•"•' » » »'•"•""•'•"' »• EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31, 2001 This Power of Attorney is executed by authority of a resolution adopted by the Executive Committee of the Board of Directors of the Company on February 23, 1988 at Chicago, Illinois, a true and accurate copy of which are hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process' This Power of Attorney is signed. sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Board of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company," In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers, this January 1, 1994. Attested and Certified: _5;1`- Z-1 American Motorists Insurance Company d*At p *Orr,44 Robert P. Hames, Secretary by J. S. Kemper, III, Exec.Vice President 0 19 STATE OF ILLINOIS SS COUNTY OF LAKE 1, Irene Klewer, a Notary Public, do hereby certify that J. S. Kemper, III and Robert P. Hames personally known to me to be the same persons whose names are respectively as Exec. Vice President and Secretary of the American Motorists Insurance Company, a Corporation organized and existing under the laws of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally aduxyMedged that they being thereunto duly au8=tW signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. 4 nGRiL 1111MV ' I. arrt owv ► 11. 4 wommod eipbu= rY My commission expires 1 -28-98 Irene Klewer, Notary Public CERTIFICATION I, J.K. Conway, Corporate Secretary of the American Motorists Insurance Company, do hereby certify that the attached Power of Attorney dated January 1, 1994 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J. S. Kemper, 111 and Robert P. Harries, who executed the Power of Attorney as Executive Vice President and Secretary respectively were on the dale of the execution of the attached Power of Attorney the duly elected Executive Vice President and Secretary of the American Motorists Insurance Company- IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insurance Company on this .19 .a,.n a Z� Y ILLIrp� Y msy�ilM 9 1 � J. K. Conway, Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein staled. FM 0362 6-96 Power of Attorney - Term Printed in U.S.A State of California County of Los Angeles On August 26, 1997 before me, Paula Burns, Notary Public NAME, TITLE OF OFFICER personally appeared Art Babcock ® Personally known to me - OR - ❑ PAULA L. BURN$ Commission #1075299 OVY Notary Public — California Los Angeles County Comm. Expires Oct 15, 1999 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument my hand ang 9fficial seal. 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. Description of Attached Document Title or Type of Document: Payment Bond Document Date: August 25 1997 Number of Pages: 2 Signer(s) Other Than Named Above: David Noddle Capacity(ies) Claimed by Signer(s) Signer's Name: Art Babcock Signer's Name: ❑ Individual ❑ Individual ® Corporate Officer ❑ Corporate Officer Title(s): Vice President Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Partner - ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Attorney -in -Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: A. E. Schmidt Environmental 0 STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142 -0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE S,-a! zT >'cR „�.T 1 ., 11 POLICY'NUMBER' ``..i,a 'JfdIT 11 L This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named'below, for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer. We will also give you TEN days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded, by the policies described herein is subject to all the terms, exclusions and conditions of such policies. c AUTHORIZED REPRESENTATIVE - - - - PRESIDENT :•? �.tY-R'a .: t - -, L_y" Y L: :IT I " "t:Li:U1�:ii..- UPF='r� i.1,T5'.: ?1r`u`'Jil� ".. F ° , ;:C�I'Xi is !C EMPLOYER I .4900.e . CERTIFICATE EXPIRES: - •1 - =� ^, �." Y 7 CI'Y nr rcna Ri • �... :.Y' 1 i 5Y ir'c aP,'RT u'.vCn k .:u L This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named'below, for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer. We will also give you TEN days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded, by the policies described herein is subject to all the terms, exclusions and conditions of such policies. c AUTHORIZED REPRESENTATIVE - - - - PRESIDENT :•? �.tY-R'a .: t - -, L_y" Y L: :IT I " "t:Li:U1�:ii..- UPF='r� i.1,T5'.: ?1r`u`'Jil� ".. F ° , ;:C�I'Xi is !C EMPLOYER I .4900.e AUG- 05 -97. 14:26 From: T -786 P 04/09 Job -III CK CONSTRUCTION may 2, 1997 NEWPORT BEACH - REACH 3 COMPLETION 1. PROJECT MANAGEMENT AND ADMINISTRATION 3. FENCE AND BLOCK WALL REPAIRS Fencing (100' tt S20 /ft) $2,000.00 Block Wall (50' )i $651ft) $3.250.00 $5,250.00 10% markup 5525.00 $5,775.00 AF.Schmtdt Environmental Inc. I CATEGORY RATE HOURS COST Babcock, A. Project Director 5120.00 24.0 $2,880.00 Lorton, R. P.M ,Supervisor $85.00 160.0 S13,60000 Clerical $39.00 24.0 $936.00 Total 517,416.00 2. LEVEE ROAD GRADING AND .ASPHALT GRINDING PLACEMENT A. Load and Haul Grindlags Loader Hourly 32 $85.00 $2,720.00 Dump'1'rucks Hourly f00 565.00 $6,500.00 B. Grade Levee Roads, Lnad/Hau1 Fxceaa Snit Loader Hourly 56 $85.00 S4,760.00 Backltae Hourly 56 $75.00 $4,200.00 12G Blade Hourly 24 $85.00 $2,040.00 Water Truck Weekly 2 51,00400 $2,000.00 Dump Trucks Hourly 112 565.00 $7,280.00 C. Place/Compact Grindings Loader - Rawly 56 $85.00 $4,760.00 Backhoe Hourly % 575.00 $4,200.00 Water Truck Weekly 2 $1,000.00 $2,000.00 Ride -on Roller Hourly 56 S85.00 $4,760.00 D. Other Mobilization Each 3 $2,000.00 $6.000.00 IaborurslFlagmen Hourly 240 535.00 $8,400.00 Equipment Rental Total S59,620.00 3. STREET REPAIRS AT SLATER, TALBERT, ELLIS, GARFIELD Per All-American Asphalt Quote (Ellis and Slater Only) $9,000.00 Contingency for Talbert and Garfield Intersection $9,000.00 518.000.00 10% markup $1,800.00 S19,B00.Ou 3. FENCE AND BLOCK WALL REPAIRS Fencing (100' tt S20 /ft) $2,000.00 Block Wall (50' )i $651ft) $3.250.00 $5,250.00 10% markup 5525.00 $5,775.00 AF.Schmtdt Environmental Inc. I AUG- 05 -97. 14:27 From: i -785 P 05/09 joo -ill C_K CONSTRUCTION May 2. 1997 NEWPORT BEACH - REACH 3 COMPLETION 4. AS -BUILT DRAWINGS (From Info provided by C_K. Couwtruction) Irwin, 1. CAD Draftsman 565.00 40.0 $2,600.00 CAD Draftsman $50.00 40.0 $2,000.00 Clerical $3900 24.0 $936.00 Labor Total $5,536,00 S. MISCELLANEOUS ODCs d UNITS UNIT RATE COST Dump Fees 20 $100.00 $2,000.00 Permits $1,000.00 Storage Fees from Fountain Valley 2 S1,50000 $3,000.00 Water Meter and Set-vice S 1,500.00 Misc. Tools /Supplies 52,000.00 Trnvel, Per Diem 60 $75.00 54500.00 Materials /Supplies Subtotal S14,000.00 10% Markup $1.400.00 ODC Total $15,400.00 TOTAL JOB COST ESTIMATE S123,547.00 A.F.. Schmidt bwv,,own...tal Mc 2 AUG- 05 -91'• 14:27 From: i -rbb Y Ub /U9 loo -III RON : Panasnntc FHX SYSTEM • ?HINE NO. Mar. 27 L797 a3:43PM i'/ s _XL_. _ 413r 'iY/�Nr %Th 0/ ::" ' BY 25 AUG- 05 -97. 14:2T From: rROM : 'Plrnasoni c FnX ' �Y' aFM i PH.: INF NO. • a f_O -d -IWJtll i -rno r uuun goo -I I I Mar. 27 1551 O3:43P"1 I'[J .. �.�'✓�' � �� L.�dk� -1.�� %� PI�,Gli; s��iQ2i�+/�f .3a ��` . fh/ s�S/_/..✓�S /pE vF -.�x� �rr�s /� ���,u.✓� o /,�cr Ors/ L�E,�n�Ei¢Yi�✓U #z l/.r�c%,da ZAA1255. 3. ,2E�L,�' -E /���sa,✓ls! Dodgy/- �,eB�/a� ���- �.or�%�'S�.D N AUG- 05 -97, I4:28 From: kt M PA(iasoni,' I M SYSTEM ,. 0 I'IIUNL NO. I... -_ 11 -20 -96 PDNCB LIST Talbe Chanel - North to slater. Weg_t Levae -rno r ueiuy goo -III 0 Mar. 27 1997 03:42PM P4 5 page 1 New: Rehang gates a PED. Bridge after chips are placed 11 -25 -96 PIINCH LIST Ellis - North to Talbert, west levee No Block wall repair a entrance? No Q G R Fence Fabric ox Patch corners of channel wall ? Compact around cat station 4c _ Co+t4 No Repair block wall hole G impact Dent opposite D'ly end of mobile home park > 64x ox Fill low spot in road opposite mobile home park OK Straighten Cable lane pole 0 100'a of Talbert OR missing top block on wall 1751e of Talbert No Clean up debris a PCC chunks No Grade too high (Dirt) at road entrance. (AC too low7) /1 e New Install missing fence a gate 11 -27 -97 MCSLIST 911is = South to Garfield, West levee ox Replace gate latch pant No Redefine ditch against wall No, Dirt grade too high under gate No Repair top of channel lining- chipped corner No Regrade levee road OR Replace walkway across levee (with pad over pipe) No ReCOmpaCt around Cat stations OR Remove mound of dirt along wall (by ivy) 2 houses s/o pump sta. New Pahang fabric a latch post, grade too high under gate ,, rf_�� �0 Y do )arch /repair bloekwall' corner No Pill Sink hole m Cat. St&. - (Low — d ? Net i Compact loose dirt on road. No Clean 6 redefine awale a blockwall dirt in swale No Rehang gate G add more Chops m Talbert ox Replace walk (PCC) o bridge Q C1 J Some Regrade area at Cat. Stations at Slater: At Slater: No R 4 R pence !o o ­7e S/ eA�_ ramp, regrade New: Rehang gates a PED. Bridge after chips are placed 11 -25 -96 PIINCH LIST Ellis - North to Talbert, west levee No Block wall repair a entrance? No Q G R Fence Fabric ox Patch corners of channel wall ? Compact around cat station 4c _ Co+t4 No Repair block wall hole G impact Dent opposite D'ly end of mobile home park > 64x ox Fill low spot in road opposite mobile home park OK Straighten Cable lane pole 0 100'a of Talbert OR missing top block on wall 1751e of Talbert No Clean up debris a PCC chunks No Grade too high (Dirt) at road entrance. (AC too low7) /1 e New Install missing fence a gate 11 -27 -97 MCSLIST 911is = South to Garfield, West levee ox Replace gate latch pant No Redefine ditch against wall No, Dirt grade too high under gate No Repair top of channel lining- chipped corner No Regrade levee road OR Replace walkway across levee (with pad over pipe) No ReCOmpaCt around Cat stations OR Remove mound of dirt along wall (by ivy) 2 houses s/o pump sta. New Pahang fabric a latch post, grade too high under gate ,, rf_�� AUG -05 -97 Id: 29 From: 1-196 P UVU9 .ioo -iil ROM Pana Sonr,: f FIX SYSTEM PVCNE NO. . Mgr, 27 19W d3: 4'd('M p� page 2 TAL$ERT CWLWYRL - BDNCH LIST 12 -2 -96 P9MC=X3 -r rfield south to Yorktown, Vent levee r ox Clean road debris around gate entrance & channel wall OK Rehang gate ox Fill sinkholes around cat station 409 + 40 (4 compact) No Pill L recompact road at cat station 399 + 78 G straighten fence pOSt East levee road a Pipe crossing OK Remove debris i AC pipe No Grade out piles of dirt 12 -4 -96 PWCHLIST Mown South to Adama Bast levee road (EXST 30^ line) e"`.&,- OK (Manhole north of Yorktown is ox) ox Finish retaining wall structures in this reach (2) (walla for air ..woe) No Replace grinding on levee road at retaining walls omit inatall cable fencc at top of retaining walls' 12 -5 -96 PUNC2MS6T me south to Indi nol is, East Levee H,odd ox Finish wall around air vac 6 clean up No Add grindings to levee road at station 151 112 Finish wall around airvac i clean up i add road grindings No Rehang gate RICA FORM 4 (FSNOI) 111 /89, S Stop Notice Z CALIFORNIA CIVIL CODE SECTION 3103 OF NEWPORT BEACH, 3300 NEWPORT BLVD., NEWPORT BEACH CA 92659 (Name of Co,IStrpction Lender, Public Body or Owner) ATTN: MIKE SINACORI - (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: C K CONSTRUCTION, 2841 GARDENA AVE., SIGNAL HILL, CA 90806 Sub Contractor (If Any) Owner or Public Body: CITY OF NEWPORT BEACH Improvement known as 36" 1,E%TER TRANSMISSION MAIN, REACH 3, CITI,ES OF FOUNTAIN VALLEY – (Name and address of project or work of improvement) HUNTINGTON BEACH in the City of NEWPORT BEACH County of ORANGE State of California. HUB CONSTRUCTION SPECIALTIES, INC. 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 CK CONSTRUCTION (Name of SubcontractorIContractor /Owner - Builder) The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was MISCELLANEOUS CONCRETE ACCESSORIES, FASTENERS, RENTALS, ETC. (Describe in detail) Total value of labor, service, equipment, or materials agreed to be furnished......... $ Total value of labor, service, equipment, or materials actually furnished is............ $ 6,202.78 Credit for materials returned, if any ............................... ............................... $ Amount paid on account, if any .................................... ............................... $ Amount due after deducting all just credits and offsets ...... ............................... $ 6,202.78 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 $ 6,202.78 and in addition thereto sums sufficient to cover interest, court costs and reasonable costs of litigation, as provided by law. NOT A bond (CIVIL CODE SECTION 3083) IS NOT attached. (Bond required with Stop 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 18, 1997 Name of Claimant HUB CONSTRUCTION SPECIALTIES, INC. (Firm Name) P.O. BOX 1269 1 /�MajlingA924s82 -1269 SAN I- By Boo ER (Signature) (official Cgil . t)909- 889 -0161 VERIFICATION Yt 1, the undersigned, state: I am the 1'BOO11TJCrErf]L R OF" Dl./�J.l�("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. JUNE 18, 97 SAN BERNARDINO Executed on 19 a State of CALIFORNIA is LYI (Sig lure of Claimant or Autlm zed A nt) 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) RICA FORM 4 (FSNOI) 111 /89, S OWNER OR PUBLIC AGENCY'S COPY OWNER 02 PUBLIC AGENCY'S COPY fhe By Sub-Contractors; Materialmen-Supplier at a; Engineers; Other Non-Contractor No. 225311-' RC CONSTRUCTION- PR 1 0 1 JKT-_ I and Cla!Manon" ATF PUBLIC or FBI In r �al Z�ft e at fice GIM TO, MM Ad*M M W And M) Assemblf It Pre i - - - - - - 3= 111, 1 BKI Along and "3C-: "n * sdlemglaaraa -1rT Wiz, a.asary 1, lane arnd September 16, 19881 r ��� - anbarNlsn eoranasnrel 'Welft.of New Port Beach V­ law ari EXCEFIFTS FROM CALIFORNIA CIVIL CODE, Ii TO: LENDER (Or T'Mla 71- SECTION 3097, AS AMENDED: k,, still -Prellmnary 204ary notice (private work)- means a writ notice from a claimant that is given prior to the recording C se F mechanic's then and prior to rise filing of a stop notice, and is to be Under the following ci=MMr : caked given Name (a) Except one under direct contract with the owner or me fan" Man for " kffncl describe, sam actual wages, or an express Section 3111, every person who furnishes labor, service, mrUIPM w; E Street i 'jarjaeforkii for which a lien otherwise can be claimed under "a t Bier whi a refte to withhold can oftnee b7ni under, Mail ity city anno to of any ch 'two M= sea I, eflasmardefa=rninit .1—tobegiventDoleow L or reputed overver, to to miginstl comatcher, or repirted contrac cam lander, it antl, minor the reputed corat" Mob: It BU� of shown rearly is net mean. JM SITE :0i se wn.!=2!M:md tic -eavejov, wroust proorromay recalls, an priagribed. Eachipa the opmecibr. or ong pagroaming4cluej shot. S If some, of leader is. rvd'leww. .7. ­.f= mist runcl described in gaction 3111, wkh&aaw wdvhobw. tallest JRm" �41n. -Ialbcx. SWAM, or material for which a Pon ohlem TM In"'wers Of We section a"" TO: [XDWNER (Or Reputed Owner) d; PUBLIC AGENCY N*4 any public work which is sub vart becialmed=Iftle, orfor which a notice tDiorthhold -bftrvAw be given under Oft Me. nxpA an a �Ioplr�Ca (On Privals Work) (On i films) has 10 the notice provisions of SWUM Acks to the vallidifty of any claim of lien, andmfa`."n2'c! = �W to be chleft 10 the Wilistructim mcler, I any, 4210 of the government Cade. 9, ishisdad conabuction Water, R 81W, 8 -.ift prelinumary now jall so by Oft sectim. -a* Name ninon, service, egwpment, «mmedals b the plate, onto contain the folksami se Street LM� TO NuAtmm SLAMS 0 General desediption,of the labor, WrApt, ectuipmeM, or m,l ov Eve 'Cilly F-invich, CaJiftraU 92663 furnished, or to be hWrkW. old ff thwers, is a geme to firriabod with an wrimal of east price thereof in aMfim if fm"okv Name and acklimew of each raw. fixtrihinii -on labor. sann mitapment, or anderials. L* 4L o _j , NOW: If mildres, of above Iswilip is not home. MOB SlInt ADOMS may be substiffitted an meant and third lines for purchase, of such let Name fa above. If mrsa, of name, is ad known, you may subscittaft the need "OWOM' an fina line an pensts, work only. Conscription of the Obaft Militated for TO: ORIGINAL ("General") CONTRACTOR (Or Reputed Contractor) (If Any) The ronoe" statement in eoat lvvs. NOTICE TO PROPERTY OWNER F ff bills are not paid In full for the Itabor, wervicers, C K CONMIXT ON COMPAW Ja Name I I equipment, or nuteartallaftirdshed or to be furnladxfdl, a mectramic's Non be ft to the low through court 2841 Gardena Avenue foredowne princlooNfings, ON SO or Part of your Pro- 0 Street porty bWn So Iffirproved May be Placed Morat the as-- am though you have peld your contractor Mi. a city Signa IIIIIII, Cali 9OR06 YOU may will to V~ YOUMM aptM this cwnquwm by ('a yew cordiffector to "'S L G' a _j %dildightfortiFuldrethanatabythropeow carfiring" Mob: If a"re of above party is not known. Mi SITE ADOOM near be maturated 9. second &ad ti lines above. If name of whitall contractor is not k.own.,rou may sabsb'tft the needs 'T.ENEEK CONTRRCTOWI on find lies. you. this nodcal before making payment to your Uar other method or device which Is clordonecloor or (2 L appircipirlift un clicurnstances. (This Form Is NOT A Matc-hanij's Lien-Alteri A Lateral Requirtinment To Protect Lim Rights) 49 H such notice to bye wboommasor who is mcludmel- to an The am of film LMM ENITY (i.e. immon, Partnership, corporation. sub-cmdrieW who COffntWFIED fix um Planned a agreement pay supplaornmW brings, boneft Into an fund described in ecdoi =."tithe A PURCIIAK of each Islaw, services, squipmenst w:,%Nwrhfl W. ( ) sawn, as ORIGINAL CONTRACTOR named shows; moso 3111, such notics sh tell UK" and ddS OR: such MO Raid or hands. mL Above named Parties am trimmed that claimant named below has furnished for will Imumb) labor, services, equipment material far buildings. sleactums ce other auks of i"W�t to PIPIK named laws 04 following general dewc0pliZ 0 paint. a FROM CLAIMANT: Date Naly 190" 1997 Name G=EH STATIC rVATTW.- Til sire f 10506 S4pentaker Avenue ity i I Santa ISIDrinpo. California zip Q%70 *17 _- TM Grassi the to be simm O'Amuselind Agent Sign Hart) labor, service'. mom . mrs, or an n . ilis 30311-94 O. r cirrhatim and my applicable �tsm, is Nmilhod OWT to L09M OF COMURUCYM •HOW on Ovate wort.)- - or surva" BNI FORM 107 — ®1.993 V t • STOP NOTICE C -3cte-1 '� LEGAL NOTICE TO WITHHOLD CONSTRUCTION f.UNAi"d (Public or Private Work)" (Per California Civil Code Section 3103) 4 TO: City of Newport Beach PROJECT: Talbert Flood Channel Reach 3 (Name of owner. public hotly or canstruction fund holder) (Name) 3300 Newport Beach Blvd. Slater & Magnolia (Address. H directed to a bank or savngs and can assn., use address of branch holding fund) (Address) Newport Beach, CA 92659 -8915 Fountain Valley (Gty, state antl rip) (City, state and zip) TAKE NOTICE THAT Toomey Industries 1n_& _ . (Name of the Persan firm claiming the stop notice. Licensed contractors must use the name under, which the contractor's license is issued) whose address is 2400 E. 70th St., N. long Beach, CA 90805 (Address of person or firm claiming stop notice) has performed labor and furnished materials for a work of improvement as follows: The labor and materials furnished by claimant are of the following general kind: Rental Sales & Servftft EJ MW of Traffic Control Devices (General desuiption of work and materials furnished) The labor and materials were furnished to or for the following party: C.K. Construction Total value of the whole amount of labor and materials agreed to be furnished is - - . _ _ - _ _ - - $ V tetra 7608.83 The value of the labor and materials furnished to date is $ 7608.83 UA .Nwawwvw� Claimant has been paid the sum of: $ 1711 2668.48 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 daims an equitable lien against any construction funds for this project which are in your hands. FIRM NAME Toomey Industries, Inc. By �• �'y` (Name or the stop notice claimant— sea instructions for details) ( or agent pr' stpp notice claimant must sig ereand VERIFICATION I, the undersigned, say: I am the President of the claimant named in the (Tresident of; 'Manager of,•'A partner of," er or,' etc.) foregoing Stop Notice;l have read said Stop Notice and know the contents thereof,, the same is We of my own knowledge. I declare under the penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on March, 21 19 97 , at Long Beach California. (Date this document was signed) t (Name W city where stop Force signed) (Personal si at (Personal me i raimauua, who is s nng intrins contents of the Stop Nobce are true) 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 3256 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. Singed SEE PAGE 2 FOR COMPLETE INSTRUCTIONS . INFAMATION ABOUT STOP NOES Time for Filing: The period for filing stop notice is the same as the period for recording mechanics' liens. This means that this stop notice must be filed within 90 days after the completion of the entire work of improvement, unless the owner records a notice of completion. In that case, the stop notice must be filed within 30 days after recording of the notice of completion. Effect of Stop Notice: The owner or fund holder must withhold sufficeient money to satisfy the stop notice claim. Where to File: If the stop notice is on a public job, it should be filed with the controller, auditor, or any public disbursing officer whose duty it is to make payments on the project, or with the body by whom the overall contract was awarded. In the case of a California State contract by or through the Department of Public Works, the notice must be filed with the Director of Public Works. In case of other state work, it must be filed with the head of the State department, board, commission, or officer who awarded the contract. In the case of private work, the stop notice may be filed either with the owner of the project or with the construction lender, joint control, or escrow holder holding construction funds. Mailing: The stop notice should be served by registered or certified mail. Stop Notice Bond: A bond is required when the stop notice is served on a construction lender or escrow or joint control holding construction funds. When the notice is served on the owner or public body, no bond is required. Suit Must be Filed: A stop notice expires unless suit is properly filed. Suit may not be filed before the expiration of the mechanics' lien period, nor more than 90 days thereafter. This means that if a notice of completion was recorded, suit must be filed between the 30th and 120th day thereafter; if no notice of completion was recorded, suit must be filed between the 90th and 180th day after the completion of the work of improvement. Additional Requirements: Under special circumstances, there are several additional technical rules about the time within which stop notices and stop notice suits must be filed. IF YOU HAVE ANY DOUBT AS TO PROPER PROCEDURE, CONSULT YOUR ATTORNEY. INSTRUCTIONS FOR SIGNING AND VERIFYING THIS FORM Signature: If the claimant of the stop notice is a corporation, an officer or managing employee should sign. If the claimant is a partnership, a partner or managing employee should sign. If the firm is a sole proprietorship, whether or not doing business under a fictitious name, the owner of the business or a managing employee should sign. Verification: This is a declaration under penalty of perjury. If it is signed in the State of California, it does not have to be notarized. However, to be valid, the verification must contain the date, the city where signed, and the signature. P0 1 STOP NOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS (Public or Private Work) LL (Pere California Civil Code Section 3103) -�^ /- To: C I TuI T'd o� N eE� ��Gi� Project: E I) r `LAME OF OWNER, PVBLIC BO Y OF CONSiflVCiION NO HOLOEP) (NAME) 3 DO v 2 u.� nn r't B (ADOPEsS F DIRECTED TO A BAN. 0R 5 VINGS AND LOAN ASSN., USE ADDRESS OF BRANCH HOLDING FUND) (ADDRESS) Newport berc.l� �� pia -(oS*9 �Ou ai //e CC nn(CITV, $LTTETZIT /' (CITY STATE AND P TAKE NOTICE THAT MG I e1 S CDncr*l =�2 P L4 VIN IrNQ (NAME !OF�THE PERSON OR FIRM CLAIMING THE STOP NOTICE. LICENSED CONTRACTORS UST USE HE NAME UNDER WHICH CONTRACTOR'S LICENSE IS ISSUED) whose address is P 0 L,01C 4 043 F'r'0.v�A2 �G� 9 Z �b 3 (ADDRESS OF PER OR F M CLAIMING STOP NOTICE) 1' has performed labor and furnished materials for a work of improvement described as follows: The labor and materials furnisho by claimant are of the following general kind: The labor and materials were furnished to or for the following party: Total value of the whole amount of labor and materials agreed to be furnished is: ......................... $ /0 0S.420 The value of the labor and materials furnished to date is: ............................................................ S 0-5.00 Claimanthas been paid the sum of: ............................................................................................ S -0- And there is due, owing and unpaid the sum of: ........................................................... ...... $ 60-.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. C— y ����-.��-���� // FIRM NAME: Me— be-'s 6nCI -ed4e- /� M01ina l3y :(-�_.C�iA?,/LPs�r� (NAME OF STOP NOTICE CLAIMANT) If J DVINER OR AGENT F STOP NOTICE CLAIMANT MUST SIGN HERE AND VERIFY BELOW) VERIFICATION I, the undersigned, say: I am the O-Wner 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. Executed on _3.. 1!1 1497 at Dr-AJ1 a e , ER SIGNED) DALE THIS DOCVMENT O) AMC F ITY AND STATE WHERE NOTICE � )PERSONAL SIGNATURE OF THE INDIVIDUAL WHO IS SWEARING THAT THE CONTENTS OF STOP NOTICE ARE TRUE) REQUEST FOR NOTICE OF ELECTION (Private Works Only) 0 0 �0 ❑ (Per California Civil Code Section 3159, 31 61 , or 31 61 ) 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: CLAIMANT MUST ENCLOSE SELF - ADDRESSED STAMPED ENVELOPE) WOLCOTTS FORM 894 - Rev. 3 -94 (price class 3A) STOP NOTICE 01994 WOLCOTTS FORMS, INC. SEE REVERSE SIDE FOR ADDITIONAL INFORMATION. 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 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. 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. INSTRUCTIONS FOR SIGNING AND VERIFYING THIS FORM Signature It the claimant is a corporahon, an officer or aulhoriled agent Should sign 'I The. clamant is a partnership, a partner or aulhorizen agent should sign. It the claimant is a Sole proprietorship, 'wneber or not doing pusiness done, a Ihchrous business name the owner of The business or an authorized agent Should Sign Refer to The following examples CORPORATION NameoiCla!mani Johnsono Electrical : "o.. inc. By PARTNERSHIP Name of Claimant Johnson Electrical By SOLE PROPRIETORSHIP TRq,uous Business Name) NameolCa,mam Speedy e.ectrical : o, By .Y SOLE PROPRIETORSHIP {Own Namel Name ol Claimant -lid Johnson ciectric ^o. n By QL r Verification This is a declaration under penalty of perjury under The laws of The State of California !I does not have to oe n0tauIed However. to be valid. the venhedhOn must contain the date I is signed and The signature Tans standard form is intended for the Typ,cai situations encountered in the field indicated However. pebble you sign. read d. till in all blanks, and make whatever changes are aptoopt!ate and necessary to your particular transaction Consult a lawyer it you doubt Mir form's Wriess for your purpose and use i .. 7 ifillillil11111111111111111b 0 0 March 18, 1997 T I G PREMIER INSURANCE CO P.O. Box 1998 Battle Creek, Michigan 49016 Attn: Claims Department Re:: Demand for payment on Bond # PI36763364, Job Location: Newport Beach Job 9503, Water Transmission Main Reach 3 City of Newport Beach, Ca. Contractor: CK Construction, 2841 Gardena Ave, Signal Hill, Ca. 90801 Supplier: Long Beach Iron Works, Inc, 2100 W. Anaheim Street, Long Beach, Ca. 90813 Amount: $405.94 + 50.00 Service Charges Total $455.94 Enclosed please find Copies of Invoice, Preliminary Notice & Stop Notice filed on the above Job. Long Beach Iron Works, Inc. supplied materials to the job and respectfully request immediate payment. I look So- wardto your quick response.. Thanking you in advance, I remain, Yours Truly, JLG aserta, Controller BEACH IRON WORKS, INC. Enclosure: Copy: Bob Roscoe Meridian Consultant Group 16509 Saticoy St. Van Nuys, Ca. 91406 LONG BEACH IRON WORKS, INC. 2100 WEST ANAHEIM STREET LONG BEACH, CA 90813 -1199 (562) 432 -5451 FAX (562) 435 -5929 FOUNDRY /MACHINISTS /STEEL FABRICATORS ■ ■ • 0 I NWeeW +w� p ren.n!U Q �- p C K CONSTRUCTION P.O. BOX 2800 LONG BEACH CA 90801 -2800 11/05/96 CKPO1 WILL CALL JOB No.9503 LONG BEACH 3243(JOB #9503) 11/05/96 LBIW INC WC 77002 1 1.000 ACH LBIW X -162 R &C "C N B" "W" 0 PAGE: 1 0022301 -IN 0090162 CA 90813 30 DAYS NET 10TH PROX I 375.000 375.00 1 375.00 .00 30.94 405.94 L E N D E R S CALMORNIA PRELIMINARY WILE 719457 IN ACGORDAITE WITH SECTION 3097 AND 3098, CALIFO A CIVIL CODE THIS B N.QI A LIEN, THIS IS MQI A REFLECTION ON THE INTEGRITY OF ANY CONTRACTOR OR SUBCONTRACTOR LBIW JOB #90162 CONSTRUCTION LENDER or Reputed Construction Lender, if any NONE FOLD HERE OWNER or PUBLIC AGENCY or Reputed Owner, (on public work) (on private work) C C 0 V 7 ORIGINAL CONTRACTOR or Reputed Contractor, If any SUBCONTRACTOR with whom claimant has contracted YOU ARE HEREBY NOTIFIED THAT ... :LONG BEACH IRON WORKS, INC. c -. (name of person or nnn:.fertl_, _,np,'Iabor, services, equipment or material) . . 2100 WEST ANAHEIM STREET pBEACHFerson or .CA mleh90813r, services, equipment or material) 0 has furnished or will furnish labor, services, equipment or materials of the following general description: SEWER RINGS & COVERS (general description of 'Aha . labor, services, equipment or material fumlshed'ortobe furnished) for the building, stfucture ror over work of improvement located at: XXXxE (address or description of job she WATER TRANSMISSION MAIN REACH sufadent.forldentilcatlon) NEWPORT SLAG,. CA. The name of the person, or firm who contracted for the purchase of such labprf, se.( '.s;- `equipment or material is: C K CONSTRUCTION p n noisr'atrnfi. LONG BEACHti' CA. 90801 An estimate of the total price of the labor, services equipment or materials furnished or to be furnished is: $ 1000.00 *.* Trust Funds to which Supplemental Fringe Benefits are Payable. (Materiel men not required to furnish) (name )NA (address) (name) (address) (name) (address) (name) (address) If bills are nol paid 1q II foyth 1, or, services, equipment, or materials lurekht► (shpd; a:mechanicY lien leading to the lose, throu �o foreclosure.proceedings, of all or pad o1 your props ypelug fioflmproved may bff placed for in full. You may wish-.to.p rotect.yourself against this con- sequence by (1) requiring:your'contrector to fumish a signed release by the person'or:firm.gliing you this notice before making payment toyour contractor or (2) any other method or device that is appropriate under the circumstances. Dated: A 11/15/96 s td seYtar Tre.asurft 316. 412 '5451 Telephone bar (� This form (No. 594C Revised 111/85) OCopyrighted by and distributed through BUILDING INDUSTRY CREDIT ASSOCIATION (213) 251 -1100 -J3o (�` Stop Notice CALIFORNIA CIVIL CODE SECTION 3103 NOTICE TO (Name o onstruction Lender, Public '1' r Owner) P.O. Box 1768 Newport Beach, CA. 92660 (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: C K Construction Does I –III Sub Contractor (If Any) C K Construction Owner or Public Body: City of Newport B Improvement known as Newport Beach Job 9503 Water Transmission (Name and address of project or work of improvement) Main Reach 3 Newport Beach, CA. in the City of Newport Beach County of Orange State of California. LONG BEACH IRON WORKS, INC. Claimant, a CORPORATTON /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 C K CONSTRUTION (Name of Subcontractor /ConABc C Owner- Builder) The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was Mnahole Rinas & Covers (Describe in detail) Total value of labor, service, equipment, or materials agreed to be furnished......... $ 405..94 Service Chg 50.00 Total value of labor, service, equipment, or materials actually furnished is............ $ Credit for materials returned, if any ............................... ............................... $ Amount paid on account, if any .................................... ............................... $ Amount due after deducting all just credits and offsets ..................................... $ 455.94 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 $ 455.94 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 03/18/97 Name of Claimant LONG BEACH IRON WORKS, INC. Firm Name) 2100 West Anaheim Street (Mai(in Address LOn Beach, CAP. 90813 ti By B (Signature) � J C erta, Treasu r e r ?; (Official Capacity) c; 3 0 0 ON 43 0 0 VERIFICATION I, the undersigned, state: I am the Treasurer ('Agent of; "President of; 'A Partner of; "Owner oJ" 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 18 19 97 -at, Long Beach State of California REQUEST FOR NOTICE OF E (Private Works Only) or 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 stomped envelope) 0 NOTICE TO TStop Notice CALIFORNIA CIVIL CODE SECTION 3103 CITY OF 1 3300 NEWPORT 'BLVD).,anNEWPORTefBEACH,ayCA w•ner92658 (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. C K CONSTRUCTION Sub Contractor (If Any) Owner or Public Body: - C K CONSTRUCTION CITY OF NEWPORT BEACH Improvement known as "36 WATER TRANSMISSION MAIN REACH 3" (Name and address of project or work of improvement) YORKTOWN 8 TALBERT CHANNPT HUNTINGTON BEACH Count of ORANGE in the City of y , State of California. STANDARD CONCRETE PRODUCTS 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 C K CONSTRUCTION (NameoJSubrontractor /Contractor /Owner- BuiMer) The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was READY –MIX CONCRETE AND /OR ANY OTHER RELATED MATERIAL prnmur m ae,a,r 30 509 . 5 1 Total value of labor, service, equipment, or materials agreed to be furnished......... $ , Total value of labor, service, equipment, or materials actually furnished ts............ $ 30 509.51 Credit for materials returned, if any ............................... ............................... $ 0 - n n Amount paid on account, if any .................................... ............................... $29,938.43 Amount due after deducting all just credits and offsets ...... ............................... $ 571.08 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 $ 5 7 1 _ n R 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 flat/ Notice served on constructions lender on private jobs — bond not required on public jobs or on Stop Notice served on owner on private jobs). Dat MARCH 11, 1997 Name of Claimant STANDARD CONCRETE PRODUCT_— (Firm None) P.O. BOX 15326 (Moiling Address) e SANTA ANA CA. 92735 -5326 a By g.ES nature) s EGSI CVEDIT MANAGER $ 43 0 11❑ k-,� i O /OlJirial CupacilyJ WWWIII 1, the undersigned, state: I am the AGENT OF ('Agent of : 'President or: 'A Partner or: "Owner of': ete.) 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. 1 certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on MARCH 20, 19 97 TUST State of CALIFORNIA Mfnolur# of Cloimo l or Authorized Akernl REQUEST FOR NOTICE OF p (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 set/ addressed stamped envelope) 73 I �j (Y1GE c1 N(IR �5t IV of icvt ytcr 1cl t �1-f ' STOP NOTICE 1�� Received LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS LWAM (Public or Private Work) (Per California Civil Code Section 3103)1 '11 'L /' �, �,,, Project: j�pa{T �G� �--E CI Ir16I �— {, (NAME OF owNEP, PUBIC B00x OR CONSTRUCTION FUND HOLDER) (NAME) 5 es � !D t cam (!�NJc4 •/ac,00s IIIs (ADDRESS IF OIPECTEO TO A BANK OF SAVIPEJS AND LOA !., USE ADDRESS OF BRANCH HOLDING FUIID) (ADDRESS) (feet -t T A 9259 -(1.+3 F�tr.�,� �al�t� rl.,I 3.1�: ITV, S1 11E AND I'll (CITY STATE AND zIP y TAKE NOTICE THAT o1L"Ll (NAME OF THE PERSON OR FIP CLAIMING i STOP NOTICE. LICENSED CONTRACTORS MUST USE THE NAME U DE WHICH CONTRACTOR'S LICENSE IS ISSUED) whose address is cO6164> *44- e- - L"aS �'X��¢.".S (ADDRESS OF PERSON OR FIRM CLAIMING STOP NOTICE) has performed labor and furnished materials for a work of improvement described as follows: NAME AND LOCATION OF THE PROJECT I WORK OP MATERIALS WERE FURNISRFOI The labor and materials furnished by claimant are of the following general kind: —C nC 5; f �c� aryle * 1 Yl�+crtals (KIND OF LAquR, $EPVI $, EOVIP NY, R MATERIAL$ FURNISHED OR AGREED TO BE FURNISHED By CLAIMANT) The labor and materials were furnished to or for the following party: G,� COiI- '..G►16Y1 NAI.IE OF THE PARTY WHO O ORDERED THE WORK OR MATERIALS) Total value of the whole amount of labor and materials agreed to be furnished is: ......................... $ -7(,- 53d The value of the labor and materials furnished to date is: ............................................................ $ Z�z, =.ac�� Claimant has been paid the sum of: ............................................................................................ $ cr. And there is due, owing and unpaid the sum of: ........................................ ............................... $ 7(p 6.8� 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 tare in your hands. FIRM NAME: `OYYy NA F OF ST NOTICE CLAIMANT) N. )OWNER OR AGENT NOTICE CLAIMANT USi $IGN E AND VERIFY BELOW) ►kvx- .aa1N_IIlius] -ILT I, the undersigned, say: I am the the claimant ( 'PRESI NT OF,)NMANAGER OF," "A PARTNER OF," "OWNER OF," "AGENT OF," ETC.) named in the foregoing Stop Notice; I have read said Stop otice 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 for�eggoinngg is true and correct. red on _ r /Oyu 9 1-( , i , at t- $�p1 ^�/ - Ji�� vet+ �-� in SW T[ (DATE THIS DOCUMENT wA5 SIGry INgME pi Cliv ANO STATE WHERE NOTICE SIGNED) M�yo1 -- - OF THE INpM10U Ho Is - - •. 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 It r eneleaedTFeeddressed stamped envelope. This information must be provided by you under Civil Code Sections 3159, 3161 , or 3162. Signed: (CLAIMANT MUST ENCLOSE SELM1AOORESSED STAMPED ENVELOPE) WOLCOTTS FORMZ94. 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. 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 goad 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 If the claimant IS a corporation an officer or authorized agent should sign If the claimant is a partnership. a partner or author zed agent should sign. If the Claimant 6 a Sole proprietorship whether or not doing business under a tichbous business name the owner of the business or an authorized agent should sign Refer to the following examples CORPORATION Nameol Claimant Johnson Electrical Co., Inc. By PARTNERSHIP Nameof Claimant Johnson Electricaal Co. _. By SOLE PROPRIETORSHIP (Fictitious Business Name) Nameol Claimant Speedy Electrical COQ By V SOLE PROPRIETORSHIP {Own Named Nameof Clamant Sid Johnson Electric Co. By 0 Verification. This Is a declaration under penalty of perjury under the laws of the State of California It does not have to be notarized However. to be valid. the verification must contain the date it is signed and the Signature This standard form is intended for the typical situations encountered In the held indicated However. betore you sign. read I. fill in all blanks. and make whatever changes are appropriate and necessary to your particular transaction Consult a lawyer it you doubt the forms fitness for your purpose and use T I��II�I77 I�p VIIIfl4 �I6 S9M79 �1Nt Ma STOP NOTICE ❑ cooncifMenlba LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS NAR 1991 N� Manager (Public or Private Work) n Received � A . C (. i) '"�--� {Per California Civil Code Section 3103) w 2 <. w�qry�^. T RT BEACH Project: 36° WATER TRAN*XSSTON Y: `c:' F OWNER, r PUBLIC BODY OR CONSTRUCTION FUND HOLDER) NAVEL ❑ ;l;l w^-4ffff#P0RT REACH HLVD 0 (ADDRESS IF DIRECTED TO A BANK OR SAVINGS AND LOAN A55N.. USP ADDRESS OF BRANCH HOLDING FUND) R I NEWPORT BEACH, CA 92659 CT T .S OF HDNTTNQT�+M REAM` & DITY, STATE AND nP) FOUNTAIN VALLJ�,JTATE ( I11 TAKE NOTICE THAT MVF.RS R S()NC_HI_yIIAY SA�E'"� - )NAME OF THE PE R50N OR FIRM CLAIMING iHF STOP NOTICE. ICES�O �A tMST USE THE NAME UNDER WHICH CONTRACTOR'S LICENSE IS ISSUED) whose address Is 13310 5TH. STREET CHINO CA 91710 (ADDRESS OF PERSON OR FIRM CLAIMING STOP NOTICE) has performed labor and furnished materials for a work of improvement described as follows: 36° WATER TANSMISSION MAIN REACH 3 CITIES OF: HUNTINGTON BEACH & FOUNTAIN VALLEY CA (NAME AND LOCAi10N OF THE PROJECT WHERE WORK ORMATERIALS WERE FURNISHED) The labor and materials furnished by claimant are of the following general kind: TRAFFIC SAFETY EQUIPMENT ARROWBOARDS, SIGNS, DF.7.F.NTAC.OTDF.S _ ET (KIND OF LABOR. SEP`JICES, EOVIPMENi, OR MAT flIALS FURNISHED OR AGREED TO Be FURNISHED BY CLAIMANT) The labor and materials were furnished to or for the following party: C.R. CONSTRUCTION MARK (NAME or THE PARTY WHO ORDERED THE WORK OR MATERIALBI Total value of the whole amount of labor and materials agreed to be furnished is: ......................... $ 1 2, 007 _ 67 The value of the labor and materials furnished to date is: ............................................... ............ $ 12,007-67 Claimant has been paid the sum of: .......................... ................................................................. $ And there is due, owing and unpaid the sum of: ... ................................................................. .. $ 12, 007 _ 67 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: MYERS & SONS HI -WAY SAFETY, INC. By: GARY C. MYERS INAME OF STOP NOTICE CLAIMANT) (OWNER OR AGENT OF STOP NOTICE CLAIMANT MUST SIGN HERE AND VERIFY BELOW) VERIFICATION I, the undersigned, say: I am the PRESIDENT 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. Executed on MARCH 12, 1997 , at CHTNO CA _ � (DATE THIS DOCUMENT WAS SIGNECJ INAME OF CITY AND STATE WHERE NOTICE SIGNED) (PERSONAL SIGNATURE OF THE INDIVIDUAL WHO IS SWEARING THAT THE CONTENTS OF STOP NOTICE ARE 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 WOLCOTTS FORM 894 - Rev. 3 -94 iprice 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. 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. INSTRUCTIONS FOR SIGNING AND VERIFYING THIS FORM Signature If the claimant is a corporation. an officer or authorized agent should sign It the claimant is a partnership. a partner or authorized agent should sign. If the claimant is a sole proprietorship. whether or not doing business under a fictitious business name. the owner of the business or an authorized agent should sign Refer to the following examples CORPORATION Nameot Claimanl Johnsonp Electrical Co., Inc. By PARTNERSHIP Nameoi Claimant Johnson Electrical Co. _. By SOLE PROPRIETORSHIP tFlclltlous Business Name) Name of Claimant ((((S epee QQQdy ELectrical Co. ___.,...._ By SOLE PROPRIETORSHIP (Own Name) Nameof Claimanl =aid Johnson E.i /e�c,tric CO. By Verification This is a declaration under penalty of perjury under the laws of the State of California It does nor have to be notarized However. to be valid. the verification must contain the date it is signed and the signature This standard form is Intended for the typical Situations encountered to the held Indicated However. before you sign. read It. fill in all blanks, and make whatever Changes are appropriate and necessary to your particular transaction Consult a lawyer it you doubt the form's fitness for your purpose and use 7 I�I67775 398 94 II6 3z 1 - p Nit NOTICE _ 6�'u\ 0 Council Member M 0 Manager LEGAL NOTICE TO WITHHOLD CONSTRUCTION FU S MAR 1997 �„�y (Public or Private Work) Received . °, �, ctiI (Per California Civil Code Section 3103) 771 Utilities -17 D Project: �at�-1��_�lc+x— 'jG%Y�tI \ NAMIE OF OWNED, Pu IC BODY OR CONSTRUCTION FUND HOmEHI q{ryAMn ^• i .. T ToBANK OR SAVINGS AID LOAN ASSN., USE ADDRESS OF BRANNCH //HOLDING FOND) {� y (ADDRESS) ADD (CI TEIP1 fEO�J.S (CITY ATE ANO���C� TAKE NOTICE THAT IOrn nYlislto 1, c l-4 a Tref•-�cr _5} -ioy, E h (NAME OF THE PERSON OR FI M CLAIMING THE STOP NOTICE. LICENSED CONTRACTORS MVST USE THE NrE GIND51i CONTRACTOR S LICENSE is III whose address is �O S�Cifar� A ' L6,-, �� has peLrfLoLorfed labor and furnished materials for a work of improvement described as fc 4�L�Ci COY / 2r7A --t $�•P_E 'h �. 't'�•8 (NAME ANO LOCATION OF THE PROI T WXERE WORK OR MATERIALS WERE FURNI The labor and materials furnished by claimant are of the following general kind: — rFi P-L--ts1 is The labor and materials vxere furni ed to or for the following Total value of the whole amount of labor and materials agreed to be furnished is: ......................... $ T 5�v0 -65 The value of the labor and materials furnished to date is: ............................................................ $ Z (P , 5°z • 55 Claimant has been paid the sum of: ..................................... ...................................................... $ 6 And there is due, owing and unpaid the sum of: ........................................................................ $ —lei 5� • ss 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: Iom �� �q �-- /jFJT CJkblT�2f%�• "fir 'E° By ME OF STO NOTICE CLAIMANT) (OWNER OR AGENT OF STOP NOTI I CLAIMP MUST SIGN HERE AND VERIFY BELOW) VERIFICATION I, the undersigned, say: I am the �Pr�l� the claimant ('PRESI ENT F," •MANAGER OF,' •A PARTNER OF," "OWNER Or," "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 K,the �,foregoing is true and correct. Executed on fY1KC —}—) " 19 7 , at � "r ^F� �J (DATE .is DOCUMENT WAS SIGNED NAME OF UTY TAiE WHERE NOTICE SIGNED) OF THE INDIVIDUAL WFp IS SWEM IIOG THAT THE CONTENTS OF STOP NOTICE ARE REQUEST FOR NOTICE OF ELECTION (Private Works Only) (Per California Civil Code Section 3159, 3161, or 31611 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: (CLAIMAm MOST ENCLOSE SELF ADDRESSED STAMPED ENVELOPE) WOLCOTTS FORM 894 - Rev. 3 -94 (price class 3A) STOP NOTICE 1994 WOLCOTTS FORMS, INC. SEE REVERSE SIDE FOR ADDITIONAL INFORMATION. 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 the form's fitness for your purpose and use. Wolcons makes no representation or warranty, express or implied, with respect to the merchantability or fitness of this form for an intended use or purpose. 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 fast fl, rnishes 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 S gna,,,'e the c alma- s C. ,,Hwa!mcr a officer or auwo•IZed agent soou:d sign f ;rte c amen! Is s pa'l^e'shlo a pawner a aui doom Chould -ign If ` "e ..a rn -r' s a sore p w'retorbn�o wnelne• o' nol . ding business ❑nder n bcidious business neme 1 ^e owner ui the business o, an authorized agent should sirn Re!er Io me !oncwmg e,amc :es CORPORATION SOf F PROPRIFT::RSHIP frre!trous Business Namel Nameof C: army N( iC.,inson .'.ectr —(cal 7o., 1nc Name of Cia9�mam�. /S ooe etl%y_' E J.eC Y, r�iTC�al B, __— ._�51.� `.. .r Uro� - - -.. AY _✓_.- 4tie— X-- l�_'^±-3- '� —,-... �- .Y'".rt•`?�� PARTNERSHIP SOLE PHOPHIf'OPSHIP [Own Name'! Nameof Camianl Johnson lectrinl ._ __. r:;:me o!C'aI: ^.a ^t `:�:; i_== 7ohr;uon_ 'ecytric _�_o. By verification This is a declardhon anger Pena .e or ✓ero , uncle' the 'aw's of the Slate of Caliarnra I! does not have to be ho arded However to he valid the Verification must Contain find dale it S signed a cl Ine slpna':,ie Th-s sa:dda'd loan is Intended or the typical situations e "C9urieied n the Held r iC0led However refute you sign read 11. .. .r, all blanks and make whatever changes are a0propnate and ueCessary to your particular transaction Consult a lawyer it you dour! the torn 5 Itness for your purpose and use ���6777 ����I39894 ��6 STOP NOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTION 5UNDS (Public or Private Work) TO: City of Newport Beach PROJECT: City of Newport Beach 3300 Newport Blvd. Groundwater Development Newport Beach, CA 92659 Project Reach #3 TAKE NOTICE THAT Golden State Boring & Pipe Jacking, Inc. whose address is 9119 Schaefer Ave., Ontario, CA 91 761 has performed labor and furnished materials for a work of improvement described as ioiluws: Furnished labor, equipment, materials to complete steel casing bores, per the contract agreement. The labor and materials furnished by claimant are of the following general kind; 54" steel casing bores, furnished steel casinq, installed steel casinq, pushed carrier oioe. filled annular snace. and grouted the outside of the casinq La o e�t uiprttent, & materials The labor and materials were furnished t6 br for the �oliowing party: CK Construction -2841 Gardena Ave., Signal Hill, CA 90806 The value of the whole amount of labor and materials agreed to be furnished is $ 201,415.00 The value of the labor and materials furnished to date 13 $ 201 , 415. 00 Claimant has been paid the sum of $ 181 , 273.50 and there la due, owing, and unpaid the suln of * 20,141.50 t•rgether with Interest at the rate of % per annum fron You are required to sat aside suffloient funds to satlify this clalm with interest. You are also notified that claimant claims an equitable lien against any construction funds for this project which are In your hands. 00 FIRM NAME: Golden State Boring & Pipe Jacking, Inc. 4 4 BY: PIPCIPIWFF! n, P Nc or VERIFICATION tracH � President Ith dersigned, say: I em of the claimant of tha otice; I hava read said Slop Notice and know the contents thereof; the a of my awn knowledge. t declare under penalty of perjury that the foregoing is true and correct. Executed on March 14 1 19 97 at Ontario California. $ cONe7nuCTlON NOTIC£ ST90rIS, ft.. $A DIE00, CALIFORNIA • (019) 083-0071 EXttlerr -sr ! ?� � � � - -�� i t �. ��� •,Ts J �{ r .A w, • Y .,. L3 � �. rY ��000aaa�� qt STOP NOTICE `J (California Civil Code Section 3103) ; NOTICE TO CENTRAL BASIN MUNICIPLE 17140 S AVALON #21CARSON CAa'S ❑ D� �10 (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) so jj Prime Contractor: C K Sub Contractor (If Any Owner or Public Body: Improvement known as County of LOS ANGELES State of California. CONSTRUCTION y I:C K CONSTRUCTION INC �rp� CENTRAL BASIN MUNICIPLE co r CIVIC CENTER,VOLUNTEER APR, g.,t c ,. __fax m oF. 0R� {it}'•�•1i Robertson's, Claimant, a Partnership, furnished certain \ zc labor service, equipment or materials used in the above descri. work of improvement. The name of the person or company to whom claimant furnished service, equipment, or materials is C K CONSTRUCTION INC 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 ...... $ 4,713.44 Total value of labor,service,materials actually furnished..$ 4,713.44 Credit for materials returned, if any ......................$ 0.00 Amount paid on account, if any .............................$ 0.00 Amount due after deducting all just credits and offsets .... $ 4,713.44 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 $ 4,713.44 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 04/04/97 Name and address of Claimant ROBERTSON'S P.O. Box 33140 Riverside, Calif. 92223 909 - 685 -2200 By 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 04/04/97 at Riverside. State of California. Signature of claimant /Agent STOP NOTI MAR 10 1997 CALIFORNIA CIVIL CO T. 3 .: OCertified P 474 053 976 NOTICE TO: City of Newport Beach 0 Mantgw 3300 Newport Blvd. Kt Newport Beach, CA 92658 (If Private Job - file with responsible officer or person at office 013 lender administering the construction funds or with the owner - CALIFORNIA CIVIL CdiiRCFI, TI`ONS 3.156 - 3175) (If Public Job - file with office of controller, auditor, or other public disbursing officer whose duty it is to'make Ray under provisions of the contract - CALIFORNIA CIVIL CODE SECTIONS 3179 -3214) .0 y Prime Contractor C.K. Construction e-0 Sub Contractor (If Any): None_, Owner or Public Body: City of Newport Beach M� �m 5 cH in the City of Newport Beach County of Orange, State of California. City Concrete Products, Inc., Claimant, a Corporation furnished certain labor, service, equipment, or materials used in the above described work of improvement. The name of the person or company by whom calmant was employed or to whom claimant furnished labor, service, equipment, or material:C.K. Construction 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 materials agreed to be furnished ......... $1,140,41 Total value of labor, service, equipment, or materials actually furnished is ............ $1,140.41 Credit for materials returned, if any ..................................... ............................... -0- Amount paid on account, if any ........................................... ............................... -0- Amount due after deducting all just credits and offsets ......... ............................... $1,140.41 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount 1$3, 40.41 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) iLukl 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 5. 1997 Name Of Claimant City Concrete Products, Inc. P.O. Box 2361 v`C CA 92 -23 B David C. Wilson, Credit Manager VERIFICATION 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 5. 1997 at Brea, State of lif rni David C. Wilson, Credit Man a " STOP NOTICE N A A JEJAI NOTICE TO WITHHOLD CONSTRUCTION FUNDS v $ f (Public or Private Work) c tg 0 0 06,0 0 (Per California Civil Code Section 3103) To: CITY OF NEWPORT BEACH Project: 36" WATER TRANSMISSION MAIN (NAME OF OWNER, PUBLIC BODY OR CONSTRUCTION FUND HOLDER) (NAME) 3300 NEWPORT BLVD CONTRACT C- 3004 —L REACH #3 ATLANTA (ADDRESS IF DIRECTED TO A BANK OR SAVINGS AND LOAN ASSN., USE ADDRESS OF BRANCH HOLDING FUND) (ADDRESS) NRWPf1RT PRACEI, 4965A & TALBERT, HUNTINGTON BEACH Orr, STATE AND nPl (CITY STATE AND ZIP) TAKE NOTICE THAT WEST COAST SAND & GRAVEL INC. (NAME OF THE PERSON OR FIRM CLAIMMG THE STOP NOTICE. LICENSE, CONTRACTORS MUST USE THE NAME UNDER WHICH CONTRACTOR'S LICENSE IS ISSUED) whose address is 7312 ORANGETHORPE BUENA PARK, 90620 ttt�� T\ has performed labor and furnished materials for a work of improvement described as follows: 36" WATER TRANSMISSION MAIN CONTI. C3004L REACH #3 HUNTINGT( The labor and materials furnished by claimant are of the following general kind: OR MATERIALS FURNISHED OR AGREED TO BE The labor and materials were furnished to or for the following C.K. CONSTRUCTION Total value of the whole amount of labor and materials agreed to be furnished i 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: ............................ JAN %0 97 $ 1546.23 $ 1546.23 $ s 1546.23 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: WEST COAST SAND & GRAVEL INC By::: (NAME OF STOP NOTICE CLAIMANT) ✓IV � WNfR OR - AGENT OG STOP NOTICE CLAIMANT MUST SIGN MEflE AND VERIFY BELOW) VERIFICATION I, the undersigned, say: I am the CREDIT MANAGER OF WEST COAST SAND & GRAVEL 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. Executed on JANAURY 16 1 97 at (DATE THIS DOCUMENT WAS SIGNED) OF THE ., ( OF CITY AND STATE WHERE NOTICE SIGNED) THAT THE 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: (CLAIMANT MUST ENCLOSE SELF-ADDRESSED STAMPED 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. Wolcons makes no representation or warranty, express or implied, with respect to the merchantability or fitness of this form for an intended use or purpose. 0 ADDITIONAL INFORMATION V (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 al,d private work vary, so consult an attorn °y 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 If the Gdimdni iS a corpo'a ion an officer or duihor4 e0 agent Sh0.,�C S.gn If the claiv,ani s a oar flier snip, a pail ner or authorized agent should sign_ If the Caimans �S a sole proonetorsma whethe, w not hound business uooer a'IC tit ous buSness ria,lie the own P, o' the business or an au'.honzed agent should sign Re!er to me following examples CORPORATION Nameol C.aimant Johnson Ele Ctr_QCal : .7o.. Inc. By PARTNERSHIP Nameol Caimant Johnson EieCtr --al io. _ SOV.E PROP ?'E!ORSHIP ! ficbirons Business Name! Nameolclamd,o SOLE PROPRIETORSHIP IOwo Namel NameofcL,,mi r, -;emu Johnson Electric Co. Verification Tnls is a declaration under penalty of penury under the'aws of the State of Cali -wnla ;1 toes no! have to be notarized However. to be valid, the Verification must contain the date II is signed and the signature This standard form is Intended for the typical situations encountered in the held indicated However before you sign, read It. till In all blanks. and make whatever changes are apmopnale and necessary to your particular hansaCGOn Consult a lawyer It you doubt the forms fllness for your purpose and use 7 I�I67775 III39894 II6 NEWPORT BEAT H C A 9265R HUNTINGTON BEACH CITY, STATE AND ZIP) (CITY STATE AND ZIP) TAKE NOTICE THAT WEST COAST SAND & GRAVEL INC. (NAME OF THE PERSON OR FIRM CLAIMING THE $TOP NOTICE. LICENSED CONTRACTORS MUST USE THE NAME UNDER WHICH CONTRACTOR's LICENSE IS ISSUED) whose address is 7312 ORANGETHORPE BUENA PARK, CA 90620 1,111 f� has performed labor and furnished materials for a work of improvement described as follows: '. 36" TRANSMISSION MAIN REACH #2 YORKTOWN & GARFIELD HUNTINGTON H': (NAME AND LOCATION OF THE PROJECT WHERE WORK OR MATERIALS WERE FURNISHED) I 7 JGr i__, The labor and materials furnished by claimant are of the following general kind: AGGREGATES MATERIALS The labor and materials were furnished to or for the following party: C. K. CONSTRUCTION If (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: ......................... $ 425.63 The value of the labor and materials furnished to date is: ............................................................ $ 425.63 Claimant has been paid the sum of: ............................................................................................ $ And there is due, owing and unpaid the sum of: ........................................................................ $ 425.63 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. WEST COAST SAND & GRAVEL INC. ��� FIRM NAME: By: �� (NAME OF STOP NOTICE CLAIMANT) NER OR AGENT OF STOP NOTICE CLAIMANT MUST SIGN HERE AND VF0.1F1 BELOW) I, the undersigned, say: I am the CREDIT— MARI19ERTR WEST COAST SAND & GRAVEL the claimant ('PRESIDENT OF,' MANAGER OF," A PARTNER OP,- 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. Executed on JANAURY 16 97 at BUENA PARK, CA (DATE THIS DOCUMENT WAS SIGNED) (NAW Or CITY AND STATE WHERE NOTICE SIGNED) OF THE THE 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: (CLAIMANT MUST ENCLOSE SELF - ADDRESSED STAMPED ENVELOPE) WOLCOTTS FORM 894 - Rev. 394 (price class 3A) STOP NOTICE ©1994 WOLCOTTS FORMS, INC. SEE REVERSE SIDE FOR ADDITIONAL INFORMATION. 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 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. STOP NOTICE IL AL NOTICE TO WITHHOLD CONSTRUCTION FUNDS a 2 � (Public or Private Work) c [3 0�2[3 [3 (Per California Civil Code Section 3103) To: CITY OF EWPORT BEACH Project: 36" TRANSMISSION MAIN (NAME OF OWNER, PUBLIC BODY OR CONSTRUCTION FUND HOLDER) (NAME) PO BOX 1768 REACH #2, YORKTOWN & GARFIELD (ADDRESS IF DIRECTED TO A BANK or SAVINGS AND LOAN ASSN., USE ADDRESS OF BRANCH HOLDING FUND) (ADDRESS) NEWPORT BEAT H C A 9265R HUNTINGTON BEACH CITY, STATE AND ZIP) (CITY STATE AND ZIP) TAKE NOTICE THAT WEST COAST SAND & GRAVEL INC. (NAME OF THE PERSON OR FIRM CLAIMING THE $TOP NOTICE. LICENSED CONTRACTORS MUST USE THE NAME UNDER WHICH CONTRACTOR's LICENSE IS ISSUED) whose address is 7312 ORANGETHORPE BUENA PARK, CA 90620 1,111 f� has performed labor and furnished materials for a work of improvement described as follows: '. 36" TRANSMISSION MAIN REACH #2 YORKTOWN & GARFIELD HUNTINGTON H': (NAME AND LOCATION OF THE PROJECT WHERE WORK OR MATERIALS WERE FURNISHED) I 7 JGr i__, The labor and materials furnished by claimant are of the following general kind: AGGREGATES MATERIALS The labor and materials were furnished to or for the following party: C. K. CONSTRUCTION If (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: ......................... $ 425.63 The value of the labor and materials furnished to date is: ............................................................ $ 425.63 Claimant has been paid the sum of: ............................................................................................ $ And there is due, owing and unpaid the sum of: ........................................................................ $ 425.63 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. WEST COAST SAND & GRAVEL INC. ��� FIRM NAME: By: �� (NAME OF STOP NOTICE CLAIMANT) NER OR AGENT OF STOP NOTICE CLAIMANT MUST SIGN HERE AND VF0.1F1 BELOW) I, the undersigned, say: I am the CREDIT— MARI19ERTR WEST COAST SAND & GRAVEL the claimant ('PRESIDENT OF,' MANAGER OF," A PARTNER OP,- 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. Executed on JANAURY 16 97 at BUENA PARK, CA (DATE THIS DOCUMENT WAS SIGNED) (NAW Or CITY AND STATE WHERE NOTICE SIGNED) OF THE THE 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: (CLAIMANT MUST ENCLOSE SELF - ADDRESSED STAMPED ENVELOPE) WOLCOTTS FORM 894 - Rev. 394 (price class 3A) STOP NOTICE ©1994 WOLCOTTS FORMS, INC. SEE REVERSE SIDE FOR ADDITIONAL INFORMATION. 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 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 ar:d private work vary, so consult an attorn °y 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 cia,mant is a cor Doo'ion_ an ofh{er or amnowed agent Shama sign 'f the Ga,manl IS a oa'O VShlp_ a partner or authorized agent should sign It the claimant is a Sole p'opneb'ShlC whe'he' c, not doing Crapness once, E fictitious busmesS name the owner of the business or an authorized agent should sign Refer to 'ce following examo!es CORPORATION Nameof Galmant JcnnnssonQ Electrical ^o., -nc. By PARTNERSHIP Nameolclalmant. onhnson +o. _ _ By SOLE PRCPHICORSH -P %F cbhous BusmeSS Name) Name of co,mant `zpeet, aectrical By+^ -�+_ SOLE PROPRIETORSHIP IOwn Name) NameofClalmaam ('''id Johnson cieecctric Co. By verdlialon This Is a declaration under Dena -ty of perjury unde� :ne Iaws of the State of California I: does no; have to oe notarized However to be valid the verification must conlaln The date It Is slgnea and the signature This standard form is Intended for the typical situations encountered In the field indicated However before you sign, read d. fill In all blanks . aria make whatever changes are aoproonate and necessary to your particular transaction Consult a lawyer If you doubt the form's hiness for your purpose and use 7 67775 I IIII39894 II 6 STOP NOTICE ate, ]LIG[L NOTICE TO WITHHOLD CONSTRUCTION FUNDS C- 3o04 -L rR ` (Public or Private Work) y.� (Per California Civil Code Section 3103) L� [ i� �0 36" water Transmission main Project To: i YA o �rt each Project: Reach #3 (NAME OF OWNER, PUBLIC BODY OF CONSTRUCTION FUND HOLDER) {NAME) 3300 Newport Blvd Talbert, Oak & Adjacent Areas (ADDRESS IF DIRECTED TO A BANK OR SAVINGS AND LOAN ASSN., USE ADDRESS OF BRANCH HOLDING FUND) (ADORESeI Newport ReAnh CA 9265R —R9]5 Fountain Valley ` IOr Y. STATE AND ZIP) (CITY STATE AND i1Pl TAKE NOTICE THAT West Coast Sand & Gravel Inc, (NAME OF THE PERSON OR FIRM CLAIMING THE STOP NOTICE. LICENSED CONTRACTORS MUST USE THE NAME UNDER WHICH CONTRACTOR'S LICENSE Is ISSUED) whose address is 7312 Orangethorpe Buena Park, CA 90620 (ADDRESS OF PERSON OR FIRM CLAIMING STOP NOTICE) has performed labor and furnished materials for a work of improvement described as follows: 36" Water Transmission Wtr project Reach #3, Talbert, Oak & Adjacent Areas, Fountain Valley (NAME AND LOCATION OF THE PROJECT WHERE WORK OR MATERIALS WERE FURNISHED) The labor and materials furnished by claimant are of the following Aaorectate Materials The labor and materials were furnished to or for the following OF THE PARTY pt $ 19,022.64 Total value of the whole amount of labor and materials agreed to furnishedlh's(ebc >I• ..... ......... Ni a` „;_,I I, 19,022.64 The value of the labor and materials furnished to date is: ................ ....................... n .......... $ Claimant has been paid the sum of: .................................................. ., $ 0 ..................... .................... And there is due, owing and unpaid the sum of: -. .... .................... $ 19022,64 ...... 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. 1 r FIRM NAME: West Coast Sand & Gravel Inc. By /� /y /���,,r (NAME OF STOP NOTICE CLAIMAGn "'10I OF RGE IT OF STOP NOTICE CLAIMANT MUST SIGN HERE AND VERIFY BELOW) VERIFICATION 1, the undersigned, say: I am the Credit Manager of West Coast Sand & Gravel Inure claimant ('PRESIDENT OF,' MANAGER OF,' A PARTNER OF,''OWNEfl 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. Executed on January 13 1997 at Buena Park, CA (DATE THIS DOCUMENT WAS SIGNED) IfIAME OF CITY AND STATE WHERE NOTICE SIGNED) ERSO�� 1 AEVRE OF THE INDIVIDUAL H015 SWEARING THAT i F CONFFNiS OF STOP NOTICE ARE iRVn REQUEST FOR NOTICE OF ELECTION (Private Works Only) (Per California Civil Code Section 3159, 3161, or 31611 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: (CLAIMANT MUST ENCLOSE SELF ADDRESSED STAMPED ENVELOPE) WOLCOTTS FORM 894 - Rev. 3 -94 (price class 3A) STOP NOTICE 1994 WOLCOTTS FORMS, INC. SEE REVERSE SIDE FOR ADDITIONAL INFORMATION. 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 the form's fitness for your purpose and use. Wolcotts makes no representation or warranty, enpress or implied, with respect to the merchantability or fitness of this form for an intended use or purpose. I 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 alld private work vary, so consult an attornay 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 ' the Ciaimiar•t i5 a Corporalion a^ o'bcer or a,dhor: led agent Shou :C S gn It the claim -1 :5 ,i oarmershio . a partner or author Led agent should sign. It the claimant is a So,e proo',eborSmQ whether or not magg business under a fictitious Oue,nest, cane the 5wne' d' :he Du Siness or an autnonzed agent should sign Refer to the following examp:es CORPORATION Name plClaimant John E1ec'ripcal Co.. Inc. ^son PARTNERSHIp Name of Claimant Io.nnson Electrical f'o. SOLE PROPP :ETORSHIP I,RCI DouS Business Name) Nameofchumamn £ ;`�peedd;,- 7—Lect'rical ey SOLE PROPHIh ICIHSHIP !Own Namei Nameof Cldlmaru _... ._TOhn,,on. E1ectri.c Co. Bye.. +_^.�+�a -� Verification This s a declaranorr under penalty of perp,ry under the awS of the Slate of Caldorma l eoes not have to Oe notarized However . to be valid . the verification most contain the dale it S signed and IIne signature This Standard form i5 interned for the typical Situations encountered In the Feld Indicated) However, before you Sign. read n. till In all blanks, and make whatever changes are aporop!Iale and necessary to your particular transaction Consul a lawyer II you doubt the term's Illness for your purpose and use 7 I�I67775 398 94 II6 Stop Notice CALIFORNIA CIVIL CODE SECTION 3103 NOTICE TO City of Newport Beach (Nave of Construction bender. Public Jludy or 0lvner) 3300 Newport Blvd. Newport Beach, Ca. 92659 (Arldresr) (If Private Job — file wilh 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: CK Construction Sub Contractor (If Any) Owner or Public Body: —City of Newport Beach nnT �8 Improvement known as 36" Water Transmission Main Reach 3 /Naure and address o Tu1'nl o' work of lnuprovemen/J Cities of Fountain Valley 7& Huntington Beach in the City of Folrttain Valley & Rxttir9t0n Peach , County of Orange State of California. Inland Concrete Enter rlses.Inc. _ — ---------- -___ -- i?_ - Claimant, a _Gor.alion X1411 - - -- (CluimanlJ (Corpornlion /!'urluerrbip /.Pale /hoprielorship) furnished certain labor, service, equipment or materials used in the above described work of improvement. • The name of the person or company byy whom claimant was employed or to whom claimant furnished labor, service, equipment, or materials is _CK Construction (Nauu• of Suhranlrarlor /Conlrarlor /Orvnrr- Iluildrr 2841 Gardena Ave. Signal Hifl. Ca. 90806 The kind of labor, service, equipment, or materials furnished or agreed to be furnished by claimant was Sewer Manhole Sub - Contractor materials iu agreed Total value of labor, service, equipment, or malcrials agreed to be furnished..:...... $ Iblal value of labor, service, equipment, or malcrials actually furnished is............ $ 46362.00 Credit for materials returned, if a ny ............................... ............................... T . 1138.00 7552.00 Amount pail) on account, if any .................................... ............................... $ Amount duc after deducting all just credits anti off sets ...... ............................... $ 37672.00 YOU ARE /, I IER101Y NOT FIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of $ 37672.00 and in addition thereto sums sufficient to cover in(erest, court costs and reasonable costs of litigation, as provided by law. A bond (CIVIL CODE- SECTION 3083) is not attached. (Mond required with Slop (ia' /ir Wulf Notice served on constructions lender on private jobs — bond not required on public jobs or on Slop Notice served oil owner on private jobs). Date October 10, 1996 Name of Claim: 0 iZ H - �� th 6- o VERIFICATION I, the uudk�ncd, slale:.l a (lie "President of " ('Ngenl r1%', "/h'evidrnl aJ'; ' }I Fortner of': "Owner rJ'; rvel I Ile claimant nanud in the foregoing Slop Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that file same is true of my own knowledge. I ccrlify (or delcare) under penalty of perjury undcr•the laws of the Stale of California that the foregoing is true ant] correct. Executed on October 10, 19 96 at ersid State of California IL (Signalure of 'laic ! or Aulhorized gent) REQUEST FOR NO'l -ICI's OF 1- .uscr10N (Private Works Only) If an election is made not to withhold fluids pursuant to this slop notice by reason of a payment bond having been recorded in accordance wilh Sections 3235 or 3162, )lease %end notice of such election and a copy of the bond within 30 (lays of such election in the enclosed preaddressed stamped envelope to the address of the claimant 'own above. This ' ring lion must be provided by you under Civil Code seclions 3159, 3161 o 3 , Signed: nICA 1`0111A a (FSNOq 1/1109 M ❑0010000010 C -3cc,4 L STOP NOTICE - PUBLIC WORKS PROJECTS (California Civil Code Sections 3103, 3181 -3187) TO: PUBLIC AGENCY CITY OF NEWPORT BEACH PO BOX 1768 NEWPORT BEACH,, CA 62658 8915 FROM: STOP NOTICE CLAIMANT U.S. Filter /Davis, Inc. P.O. Box 1419 Thomasville GA 31799 1419 TO: GENERAL OR PRIME C K PUMP DEWATERING PO BOX 2800 LONG BEACH,, CA 90801 2800 DEC 3 A A 4Pi•:i � v� Fg4 TO: LENDER, SURETY OR BOND COMPANY TIG PREMIER INSURANCE CO 333 S ANITA DR ORANGE, CA 92668 REF: Acct. or Bond #:TPI 36763364 PLEASE TAKE NOTICE THAT U.S. FILTER /DAVIS, INC. has a claim in connection with the public work known as REACH #3 - TALBERT CHANNEL project, located at GARFIELD AVE & MAGNOLIA, NEWPORT BEACH, CA 92660, in the County of ORANGE. The specific contract information is for Our Job /Invoice #REACH 3. The claimant furnished the following kind of labor, services, equipment, materials or service charges: Pipe, Valves and Fittings. The name of the party to whom the material was furnished or supplied, or for whom the labor was done or performed, is C K PUMP DEWATERING, PO BOX 2800, LONG BEACH, CA 90801 2800. The total value of labor, services, equipment and materials agreed to be furnished or performed by claimant was $160,000.00. That the value of labor, service, equipment, materials and service charges so performed or furnished as of the date of this notice is $231,106.21. That such claim has NOT been paid in full except that, there has been paid the sum of $65,929.11. That there remains the unpaid balance of $165,177.10, including service charges or interest at the rate of 18.000% per annum. WHEREFORE, the claimant prays that the public entity, upon receipt of this stop notice, withhold from the original contractor, or from any person acting under his authority, money due or to become due to such contractor in an amount sufficient to answer the claim stated in such stop notice and to provide for the reasonable cost of any litigation thereunder. Dated 11/19/96 for U.S. Filter /Davis, Inc. P.O. Box 1419 Coles Sent To: Thomasville GA 31799 1419 0 Mayor 64L (912) 226 -5733 Fax: (912) 226 -1740 ❑ Council MerAw ❑r �Manager By: I " r rle Cha nfing Credit Manager a c lr/a w 0 m7i THOMASVILLE, GA 31799 SOUTH EL MONTE CA 91733 -0000 B (818) 442 -8030 Y- • -. _"d ,.. a .. • CUSTOMER NO. ``' R JOB "', DATE 037662 REACH #3 11/11/96 . :y. • ....... rt '}.'�. :cog.^ '..a -, ... .. S ICIIIKIIn O PIDEWAITERINGL11u11L1111ulllunll 'll DAVIS 165 177.10 r M P.O. 'FILTER/ D PO BOX 2800 T DALLAS TX 75395-0 T LONG BEACH O CA 90801 -2800 T O TH3.AK YOC FOR THE OPPORTUNfTYTO SERI E YO( _ RETURN THIS TOP PORTION WITH REMITTANCE FOR PROPER CREDIT. If E APPRECIATE YOL R PROMPT P.41 MEAT, 6/11/96 INV 1814387 VBL 16,330. 9. 6/11/96 INV 1814388 VBL 24,892.91 6/11/96 INV 1814389 BRUCE 15,059.14 6/11/96 INV 1814390 VERBAL 23,230.90 6/14/96 INV 1816518 VBL /MARK 699.84' 6/17/96 INV 1817176 VBL 1,010.16 6/19/96 INV 1818415 VERBAL -BRUCE 2,802.62 6/25/96 INV 1821846 VERBAL 2,295.08' 6/28/96 INV 1824926 VERBAL 1,810.20: 7/03/96 INV 1825542 BRUCE 12,351.41; 7/03/96 INV 182SS43 7927 2,822.40' 7/09/96 INV 1826893 VBL 202.03: 7/12/96 INV 1829076 BRUCE 184.77: 7/17/96 INV 1831000 VERBAL -MARK 977.51' 7/19/96 INV 1832413 VERBAL 3,512.65] 7/23/96 INV 1833769 VERBAL 89.22' 7/24/96 INV 1834409 VERBAL 33.89: 7/25/96 INV 1835175 VERBAL 1,780.03: 7/26/96 INV 1835985 VERBAL 452.55' 7/31/96 INV 1839702 VERBAL 1,756.33 7/31/96 INV 1839703 VERBAL 5,998.96! 7/31/96 INV 1839704 VERBAL 99.29' 7/31/96 INV 1839705 VERBAL 898.13. 7/31/96 INV 1839706 VERBAL 1,080.73{ 7/31/96 INV 1839707 7597 651.67 8/07/96 INV 1841621 VERBAL 12,321.98; 8/10/96 INV 1843789 VERBAL 355.41 8/17/96 INV 1847171 VERBAL 1,008.44 8/17/96 INV 1847172 6811 3,712.61 TYPE CODES: ::AV INVOICE PAGE 1 i TERMS: NET 30 DAYS. LATE CHARGE OF 1112 %PER MONTH (18 ". PER ANNUM :.: LL CAI C9EO)T MEMO BE CHARGED ON PAST O'�.:E ACCOUNTS. OR T: HE HIGHEST AMOUNT AL'_t :,EO 5" _ PAY:4IE:.N ADJ -ADJ. ON ACCOUNT! SUBTOTALS .I 1 S,C - SERVICE CHARGE Y.S. FILTER /DAVIS, INC..THOMASVILLE, GA 31799 , CONTINUED - YRGC Z SOUTH EL MONTE CA 91733 -0000 ( 818) 442-8030". REACH #3 R 1111n. IIn11n1111uuullnl111u1111n111n111u111111111111 M B.S. FILTEE/ DAVIS D C.K. PUMP DEWATERING I P.O. BOX 951389 0 PO BOX 2900 T DALLAS TX 75395 -0000 LONG BEACH CA 90801 -2800 T 0 DATE 11/11/96 ,*ry TOTAL AMOUNT DUE 1659177.10. 1 THANK YOU FOR THE OPPORTC :NIT)'TO SERI E YOU. RETURN THIS TOP PORTION WITH REMITTANCE FOR PROPER CREDIT. IVE APPRECIATE YOC R PROMPT PAYMENT. 8/17/96 INV 1847173 VERBAL 2,811.73 8/21/96 INV 1848518 6811 416.33 8/21/96 INV 1848519 VERBAL 82.28 8/21/96 C/M 1848520 VERBAL 233.15- 8/26/96 INV 1850542 6815 94.94 8/28/96 INV 1852079 VERBAL 537.65 8/30/96 INV 1853759 VERBAL 2,894.17 8/31/96 S/C SC36879 110321.97 9111/96 INV 1858907 6816 6,071.71 9/11196 INV 1858908 VERBAL 31.81 9/20/96 INV 1862904 6816 2,071.98 9/20/96 INV 1862905 9527 47.25 9/Z6/96 C/M 1865694 VERBAL 233.15- 9/30/96 S/C SC37Z41 1,815.35 10/25196 INV 1879338 VERBAL 6,852.90 10/31/96 S/C SC37608 2,171.88 TYPE CODES'. I TERMS: NET 30 DAYS. LATE CHARGE OF 1 1/2'. PER MONTH (18% PER ANNUM) SVl! N`; - 'N .V .`JOICE PAGE 2 BE CHARGED ON PAST DUE ACCOUNTS. OR THE HIGHEST AMOUNT ALLOWED BY �; ;. C.%; ME%10 PAFPAYMENT 9,0'24.78 18,750.4 ADS ADS. CN ACCOUNT i SUBTOTALS 1 3,701.431 133 700.40 SIC - SERVICE CHARGE 1 U.S. FILTER /D"IS, INC..THOMASVILLE, GA 31799 ®' 16S,177.10 0 0 U.S. Filter /Davis, Inc. P.O. Box 1419 Thomasville GA 31799 1419 (912) 226 -5733 Fax: (912) 226 -1740 CLAIM AGAINST PAYMENT OR LIEN.BOND; AND CLAIM AGAINST FUNDS HELD IN TRUST OWNER OR PUBLIC AGENCY CITY OF NEWPORT BEACH PO BOX 1768 NEWPORT BEACH, CA 62658 8915 BOND OR LIEN CLAIMANT C K PUMP DEWATERING PO BOX 2800 LONG BEACH, CA 90801 2800 U.S. Filter /Davis, Inc. TIG PREMIER INSURANCE CO P.O. Box 1419 333 S ANITA DR Thomasville GA 31799 1419 ORANGE, CA 92668 REF: Acct. or Bond #:TPI 36763364 TO ALL BONDING COMPANIES, SURETIES, PRINCIPAL CONTRACTORS AND OWNERS OF THIS PROJECT: Notice is hereby given that we are the claimant furnishing labor, services, equipment or materials of the type described on the enclosed lien claim for the work of improvement known as the REACH #3 - TALBERT CHANNEL project, located at GARFIELD AVE & MAGNOLIA, NEWPORT BEACH, CA 92660, for which you are one of-the-known lenders, bonding companies or sureties. The specific contract information is for Our Job /Invoice #REACH 3. Such labor, services, equipment or materials were contracted for by C K PUMP DEWATERING, PO BOX 2800, LONG BEACH, CA 90801 2800, who is one of the contractors or the General Contractor of this job. There is due to U.S. Filter /Davis; Inc. the sum of $165,177.10 which has not been paid. This is to notify you that in the event payment is not made in full to our. company suit -. will be brought against the sureties of this project for recovery of said sum. The time of the commencement of performance of labor or the furnishing of materials was 09/19/95. The time of the cessation of performance of labor or the furnishing of materials was 10/26/96. The date the debt became due is 11/26/96. Please acknowledge receipt of our claim and advise us how soon it will be paid in full. If you have any questions, please feel free to call me as soon as possible. Dated: 11/ By: v Charle 4733 ing redit Manager U. t /Davis, Inc. ( 12) 226 Fax: (912) 226 -1740 0 0 VERIFICATION I declare that I am authorized to file this claim on behalf of the claimant. I have read the foregoing document 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 at Thomasville, Georgia on 11,1Ag/94 for U.S. FILTER /DAVIS, INC.. Charles _rif }ylger, Credit Manager PROOF OF SERVICE BY MAIL AFFIDAVIT I declare that I served a copy of the above document, and any related documents, by (as required by law) first - class, certified or registered mail, postage prepaid, addressed to the above named parties, at the addresses listed above, on 11/19/96. I declare under penalty of perjury that the foregoing is true and correct. Executed at Thomasville, Georgia on 11/19/96. _ By: _ C.1� e �AIIX CQrit/�' Angie W' liams, Credit Secretary Copy to: C K PUMP DEWATERING PO BOX 2800 LONG BEACH, CA 90801 2800 0 PUBLIC WORKS LIEN AND CLAIM ON PAYMENT BOND (California Civil Code Section 3252 et seq.) TO: PUBLIC AGENCY CITY OF NEWPORT BEACH PO BOX 1768 NEWPORT BEACH, CA 62658 8915 FROM: BOND OR LIEN CLAIMANT U.S. Filter /Davis, Inc. P.O. Box 1419 Thomasville GA 31799 1419 TO: GENERAL OR PRIME CONTRACTOR C K PUMP DEWATERING PO BOX 2800 LONG BEACH, CA 90801 2800 TO: LENDER, SURETY OR BOND COMPANY TIG PREMIER INSURANCE CO 333 S ANITA DR ORANGE, CA 92668 REF: Acct. or Bond #:TPI 36763364 PLEASE TAKE NOTICE that the undersigned claimant is looking to the Public Agency, and the Prime Contractor and to its sureties, for payment of the following claim. U.S. FILTER /DAVIS, INC. has a claim in the amount of $165,177.10, including service charges or interest at the rate of 18.000% per annum, for labor performed or materials furnished for the public work of improvement commonly known as REACH #3 - TALBERT CHANNEL project, located at GARFIELD AVE & MAGNOLIA, NEWPORT BEACH, CA 92660, in the County of ORANGE. The specific contract information is for Our Job /Invoice #REACH 3. The claimant furnished the following kind of labor, services, equipment, materials or service charges: Pipe, Valves and Fittings. The time of the commencement of performance of labor or the furnishing of materials was 09/19/95. The time of the cessation of performance of labor or the furnishing of materials was 10/26/96. The date the debt became due is 11/26/96. The name of the party to whom the material was furnished or supplied, or for whom the labor was done or performed, is C K PUMP DEWATERING, PO BOX 2800, LONG BEACH, CA 90801 2800. Dated 11/19/96 for U.S. Filter /Davis, Inc. P.O. Box 1419 Thomasville GA 31799 1419 (912) 226 -5733 Fax: (912) 226 -1740 as Credit Manager 0 0 VERIFICATION I declare that I am authorized to file this claim on behalf of the claimant. I have read the foregoing document and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that e fo egoing is true and correct. Executed at Thomasville, Georgia on /961for U.S. FILTER /DAVIS, INC.. Lo es n"3$er, Celt Manager --� I PROOF OF SERVICE BY MAIL AFFIDAVIT I declare that I served a copy of the above document, and any related documents, by (as required by law) first - class, certified or registered mail, postage prepaid, addressed to the above named parties, at the addresses listed above, on 11/19/96. I declare under penalty of perjury that the foregoing is true and correct. Executed at Thomasville, Georgia on 11/19/96. BY: W IXX.Lat Angie W' liams, Credit Secretary CK CONSTRLflt—r ON P.O. Box 2800, Long Beach, CA 90801 -2800 2841 Gardena Ave., Signal Hill, CA 90806 (310) 426.1558 FAX (310) 426 -9714 U. S. Filter / Davis Inc. November 14,1996 P. O. Box 1419 Thomasville GA. 31799 Attention Mr. Charles Enfinger - Credit Manager Subject: City of Newport Beach Groundwater Development Project Reach 3 Dear Charles: I take this opportunity to confirm our conversation of October 28, 1996 regarding the amount due U.S. Filter on the above referenced project. As I stated during our conversation we do not deny the amount discussed is due and owing to U.S. Filter however due to the position we have been placed in on this project by another supplier we are facing a temporary cash flow problem. We have contacted the City of Newport Beach and informed them that the funds still owing on this project, including retention, will be first used to compensate your claim. This project is not complete and it will be some time before the notice of completion is tiled. CK Const. has dealt many years with Davis Taylor Jett and we have always lived up to our obligations with your company. We fully intend to live up to our obligations on this project and sincerely appreciate your patience. The timing is such that we are anticipating completing the remaining construction by the middle of December. Upon completion we shall request the particular releases the City of Newport Beach requires to issue checks either directly to your firm or joint checks which we will request be mailed to your directed location. If joint checks are mailed to your address we shall endorse the checks at your location. It is our intention to complete this project and hopefully retain our relationship with U.S. Filter as you offer the best service and most knowledgeable staff available in this area. We regret the inconveniences this has caused you and please be advised we are working toward paying your invoices just as soon as we possibly can. Thank you again for your patience. S cere utch King • 0 CALIFORNIA LIEN WAIVER AND RELEASE FORM (California Civil Code Section 3262) CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT Upon receipt by the undersigned of a check from CITY OF NEWPORT BEACH in the sum of $165,177.10 payable to C K PUMP DEWATERING and U.S. FILTER /DAVIS, INC., and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release any mechanic's lien, stop notice or bond right the undersigned has on the job of CITY OF NEWPORT BEACH. Said project is commonly known as the REACH #3 - TALBERT CHANNEL project, located at GARFIELD AVE & MAGNOLIA, NEWPORT BEACH, CA 92660. This claim was for labor, services, equipment or material furnished to C K PUMP DEWATERING and shall be released to the following extent: This release covers the final payment to the undersigned for all labor, services, equipment or material furnished on the job, except for disputed claims for additional work in the amount of $0.00. The specific contract information is for Our Job /Invoice #REACH 3. Before any recipient of this document relies on it, said party should verify evidence of payment to the undersigned. Dated 11/19/96 for U.S. Filter /Davis, Inc. P.O. Box 1419 p _ Thomasville GA 31799 1419 (912) 226 -5733 Fax: (912) 226 -1740 By: Charles inger, dit Manager r � • U.S. Filter /Davis, Inc. P.O. BOX 1419 Thomasville GA 31799 1419 (912) 226 -5733 Fax: (912) 226 -1740 CLAIM AGAINST PAYMENT OR LIEN BOND; AND CLAIM AGAINST FUNDS HELD IN TRUST OWNER OR PUBLIC AGENCY CITY OF NEWPORT BEACH PO BOX 1768 NEWPORT BEACH, CA 62658 8915 BOND OR LIEN CLAIMANT Lej-40-4" • r • • C K PUMP DEWATERING PO BOX 2800 LONG BEACH, CA 90801 2800 LENDER, SURETY OR BOND COMPANY U.S. Filter /Davis, Inc. TIG PREMIER INSURANCE CO P.O. Box 1419 333 S ANITA DR Thomasville GA 31799 1419 ORANGE, CA 92668 REF: Acct. or Bond #:TPI 36763364 TO ALL BONDING COMPANIES, SURETIES, PRINCIPAL CONTRACTORS AND OWNERS OF THIS PROJECT: Notice is hereby given that we are the claimant furnishing labor, services, equipment or materials of the type described on the enclosed lien claim for the work of improvement known as the REACH #3 - TALBERT CHANNEL project, located at GARFIELD AVE & MAGNOLIA, NEWPORT BEACH, CA 92660, for which you are one of the known lenders, bonding companies or sureties. The specific contract information is for Our Job /Invoice #REACH 3. Such labor, services, equipment or materials were contracted for by - C K PUMP DEWATERING, PO BOX 2800, LONG BEACH, CA 90801 2800, who is one of the contractors or the General Contractor of this job. There is due to U.S. Filter /Davis, Inc. the sum of $156,152.32 which has not been paid. This is to notify you that in the event payment is not made in full to our company suit will be brought against the sureties of this project for recovery of said sum. The time of the commencement of performance of labor or the furnishing of materials was 09/19/95. The time of the cessation of performance of labor or the furnishing of materials was 09/19/96. The date the debt became due is 10/08/96. Please acknowledge receipt of be paid in full. If you have me as soon as possible. Dated: 10/07/96 our claim and advise us how soon it will any questions, please feel free to call By: Charl Fr fi e Credit Manager U. /Davis, Inc. 12) 5733 Fax: (912) 226 -1740 Vicepigoed Ts X beuncil M"w D Manage► P • 0 VERIFICATION I declare that I am authorized to file this claimant. I have read the foregoing document thereof; the same is true of my own knowledge. I perjury that the oregoing is true and correct. Georgia of/014/96 for U.S. FILTER /DAVIS, INC.. UZ Credit Manager 0 claim on behalf of the and know the contents declare under penalty of Executed at Thomasville, PROOF OF SERVICE BY MAIL AFFIDAVIT I declare that I served a copy of the above document, and any related documents, by (as required by law) first - class, certified or registered mail, postage prepaid, addressed to the above named parties, at the addresses listed above, on 10/08/96. I declare under penalty of perjury that the foregoing is true and correct. Executed at Thomasville, Georgia on 10/08/96. By: A.Yl Angie W' liams, Credit Secretary Copy to: C K PUMP DEWATERING PO BOX 2800 LONG BEACH, CA 90801 2800 0 0 STOP NOTICE - PUBLIC WORKS PROJECTS (California Civil Code Sections 3103, 3181 -3187) TO: PUBLIC AGENCY CITY OF NEWPORT BEACH PO BOX 1768 NEWPORT BEACH,, CA 62658 8915 FROM: STOP NOTICE CLAIMANT U.S. Filter /Davis, Inc. P.O. Box 1419 Thomasville GA 31799 1419 TO: GENERAL OR PRIME CONTRACTOR C K PUMP DEWATERING PO BOX 2800 LONG BEACH,, CA 90801 2800 TO: LENDER, SURETY OR BOND COMPANY TIG PREMIER INSURANCE CO 333 S ANITA DR ORANGE, CA 92668 REF: Acct. or Bond #:TPI 36763364 PLEASE TAKE NOTICE THAT U.S. FILTER /DAVIS, INC. has a claim in connection with the public work known as REACH #3 - TALBERT CHANNEL project, located at GARFIELD AVE & MAGNOLIA, NEWPORT BEACH, CA 92660, in the County of ORANGE. The specific contract information is for Our Job /Invoice #REACH 3. The claimant furnished the following kind of labor, services, equipment, materials or service charges: Pipe, Valves and Fittings. The name of the party to whom the material was furnished or supplied, or for whom the labor was done or performed, is C K PUMP DEWATERING, PO BOX 2800, LONG BEACH, CA 90801 2800. The total value of labor, services, equipment and materials agreed to be furnished or performed by claimant was $160,000.00. That the value of labor, service, equipment, materials and service charges so performed or furnished as of the date of this notice is $224,253.31. That such claim has NOT been paid in full except that, there has been paid the sum of $68,100.99. That there remains the unpaid balance of $156,152.32, including service charges or interest at the rate of 18.000$ per annum. WHEREFORE, the claimant prays that the public entity, upon receipt of this stop notice, withhold from the original contractor, or from any person acting under his authority, money due or to become due to such contractor in an amount sufficient to answer the claim stated in such stop notice and to provide for the reasonable cost of any litigation thereunder. Dated 10/08/96 for U.S. Filter /Davis, Inc. P.O. Box 1419 / Thomasville GA 31799 1419 (912) 226 -5733 Fax: (912) 226 -1740 By: Charles fi e Credit Manager 0 0 VERIFICATION I declare that I am authorized to file this claim on behalf of the claimant. I have read the foregoing document and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that th foregoing is true and correct. Executed at Thomasville, Georgia ct0/7/96 for U.S. FILTER /DAVIS, INC.. I M t Manager { PROOF OF SERVICE BY MAIL AFFIDAVIT I dare that I served a copy of the above document, and any related documents, by (as required by law) first - class, certified or registered mail, postage prepaid, addressed to the above named parties, at the addresses listed above, on 10/08/96. I declare under penalty of perjury that the foregoing is true and correct. Executed at Thomasville, Georgia on 10/08/96. By: L l &' k W &U' 0_YYV / Angie w' liams, Credit Secretary PUBLIC WORKS LIEN AND CLAIM ON PAYMENT BOND (California Civil Code Section 3252 et seq.) TO: PUBLIC AGENCY CITY OF NEWPORT BEACH PO BOX 1768 NEWPORT BEACH, CA 62658 8915 FROM: BOND OR LIEN CLAIMANT U.S. Filter /Davis, Inc. P.O. Box 1419 Thomasville GA 31799 1419 TO: GENERAL OR PRIME CONTRACTOR C K PUMP DEWATERING PO BOX 2800 LONG BEACH, CA 90801 2800 TO: LENDER, SURETY OR BOND COMPANY TIG PREMIER INSURANCE CO 333 S ANITA DR ORANGE, CA 92668 REF: Acct. or Bond #:TPI 36763364 PLEASE TAKE NOTICE that the undersigned claimant is looking to the Public Agency, and the Prime Contractor and to its sureties, for payment of the following claim. U.S. FILTER /DAVIS, INC. has a claim in the amount of $156,152.32, including service charges or interest at the rate of 18.000$ per annum, for labor performed or materials furnished for the public work of improvement commonly known as REACH #3 - TALBERT CHANNEL project, located at GARFIELD AVE & MAGNOLIA, NEWPORT BEACH, CA 92660, in the County of ORANGE. The specific contract information is for Our Job /Invoice #REACH 3. The claimant furnished the following kind of labor, services, equipment, materials or service charges: Pipe, Valves and Fittings. The time of the commencement of performance of labor or the furnishing of materials was 09/19/95. The time of the cessation of performance of labor or the furnishing of materials was 09/19/96. The date the debt became due is 10/08/96. The name of the party to whom the material was furnished or supplied, or for whom the labor was done or performed, is C K PUMP DEWATERING, PO BOX 2800, LONG BEACH, CA 90801 2800. Dated 10/08/96 for U.S. Filter /Davis, Inc. P.O. Box 1419 n Thomasville GA 31799 1419 (912) 226 -5733 Fax: (912) 226 -1740 UA t Manager • r� May 13, 1996 CITY COUNCIL AGENDA TO: MAYOR & MEMBERS OF THE CITY COUNCIL FROM: PUBLIC WORKS DEPARTMENT SUBJECT: 36 -INCH WATER TRANSMISSION MAIN - REACH (Seawater Line to Slater Avenue) - CONTRACT NO. GROUNDWATER DEVELOPMENT PROJECT APPROVAL OF ADDITIONAL CONTRACT WORK RECOMMENDATIONS: MAY 13 C- 3004 -L Approve a change to Contract No. C- 3004 -L to C.K. Construction to increase the original contract amount by $125,790 to provide for additional work to perform repairs, modifications and tie -ins to the existing Seawater Line. PROJECT BACKGROUND: A part of the Groundwater Transmission Mains between Newport Beach and the Fountain Valley Wells utilizes an existing water line leased from the Orange County Water District (OCWD). This line is called the "Seawater Line" and is in an easement granted by the Orange County Flood Control District ( OCFCD), see attached sketch. The OCFCD has requested modifications in the "Seawater Line" to allow for new construction in the Talbert Channel. Their construction will begin in September 1996. In addition, modification and tie -ins to the "Seawater Line" need to be made before this line can be connected to the completed portions of the Reach 2 and 3 Groundwater Transmission Mains. Most of this work was anticipated and planned for later in the fall of 1996. Rather than separately bidding the project, it is proposed to be added to Reach No. 3 by Change Order. DISCUSSION: The work to connect, modify and retrofit the "Seawater Line" will cost $125,790. This cost estimate has been provided by CK Construction, subject to the work being included as a part of their existing construction project for Contract No. C- 3004-L. This contract provides for the construction of Reach No. 3 of the Groundwater Transmission Mains. The attached sketch (Exhibit A) shows the various segments of the Groundwater Transmission Mains. CK Construction expects to complete work on Reach No. 3 by mid -July 1996, which coincides with the requested time requirements for the "Seawater Line" modifications. OCFCD has requested that this work be completed by July 31, 1996. Reach No. 3 is presently 70% complete. The "Seawater Line" work is considered to be beyond the scope of work • for the original CK Construction contract. The "Seawater Line" modifications consist of the relocation of all existing air and vacuum release assemblies and blowoff manholes, regrading of the access road, construction of several low profile retaining walls around Page 2 Reach No. 3 Pipeline Construction Approval of Change in Scope (C- 3004 -L) May 13, 1996 relocated appurtenances, and pressure testing 2.5 miles of 30 -inch water main. The • State Health Department's current regulatiorls requires the City to relocate the existing air and vacuum assemblies prior to use of the "Seawater Line" because they are located below ground level in existing vaults. The State Health Department requires these type of assemblies to be installed above ground to prevent ponding water from submerging the atmospheric outlet on the device. The City of Newport Beach, under the terms of our lease agreement with OCWD, is responsible for maintenance, repair and/or relocation of the "Seawater Line" during the lease period. The City and contractor have already obtained all the permits and approvals from the necessary regulatory agencies for retrofitting the "Seawater Line" and have coordinated this work with all the applicable utility companies. PROJECT SCHEDULE & COSTS: The estimated time of completion for this additional retrofitting of the Seawater Line is approximately 90 calendar days. Timing and completion of this work is critical to the overall Groundwater Development Project schedule and OCFCD's construction schedule. In addition, completing this work simultaneously with Reach No. 3 effort will eliminate future impacts to the residences along the channel. The City proposes for the contractor to commence construction as soon as it is practical to allow for the Reach No. 3 pipeline construction and Seawater Line retrofit to proceed simultaneously. With favorable weather conditions, the scheduled • completion for this additional work and retrofitting of the Seawater Line should be late July 1996. Construction within the Talbert Channel requires summer season work and must be completed prior to OCFCD's construction start date. The funds needed to complete this part of the Groundwater Development Project are provided for in the Water Enterprise Fund under the Water Capital Projects Account No. 7504- C5500094. Sufficient funds are available in this account to implement and complete the proposed project. The original contract award amount to CK Construction was $1,772,255. The approval of this additional work in the amount of $125,790 is a 7% increase in the contract price. The engineer's estimate for the additional work is $133,900 which included a 15% allowance for contingencies. C.K. Construction's quotation for this work was 6% under the engineer's estimate. For the Council's information, there has not been any change orders issued on this contract. However, staff is currently negotiating the first change order for extra work on the existing contract that is estimated to cost approximately $75,000 or 4% of the original contract price. The combination of the $125,790 change in work and the $75,000 extra work totals to be $200,790 which would be an 11 % increase in the contract price. Staff does not expect any additional change orders, unless another unforseen conflict occurs with any underground utilities. • Page 3 Reach No. 3 Pipeline Construction Approval of Change in Scope (C- 3004 -L) May 13, 1996 • RECOMMENDATION: Being that CK Construction is already aboard and under contract to the City, it is recommended that the "Seawater Line" work be added to Contract No. C- 3004-L in order to expedite the implementation of the work requested by OCFCD and provide for an earlier completion and tie -in of the "Seawater Line" segment of the Groundwater Transmission Main. Respectfully submitted, PUBLIC WORKS DEPARTMENT Don Webb, Director By: Fe,: )1. (S ,* ae /�, Michael J. Sinacori, P.E. Utilities Engineer Attachment: Exhibit A: Sketch for Location of Groundwater Transmission Mains • MJS:sdi • LOCATION MAP GROuNDwAAW, DEvEr-opmENTPRomcr FOUATAIN', SANTA VALLEY TAMURA ANA A WELL SITE •r DOLPHIN AVENUE WELL SITE 4— REACH; 3A & 313 24" REACH 3- 36" 7- - EXISTING 30" SEAWATER LINE F LEGEND REACH i REACH 2 REACH 3A & 38 REACH 4 H:?&A)L 70f REACH !2 36" 16TH ST RESERVOIR COSTA MESA ii REACH 1 36" STN ST 16TH STREET PUMP STAT!ON,7 TH sl /I --,7ZREACH 4 30" & 36• NEWPORT BEA CH *1 4, • Exhibit A HUAMNISTON BEACH A'j F tY LEGEND REACH i REACH 2 REACH 3A & 38 REACH 4 H:?&A)L 70f REACH !2 36" 16TH ST RESERVOIR COSTA MESA ii REACH 1 36" STN ST 16TH STREET PUMP STAT!ON,7 TH sl /I --,7ZREACH 4 30" & 36• NEWPORT BEA CH *1 4, • Exhibit A 0 April 27, 1998 APR 2 7 t CITY COUNCIL AGENDA ITEM NO. 14 TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: COMPLETION AND ACCEPTANCE 36 -INCH WATER TRANSMISSION MAIN, REACH NO. 3 PIPELINE (Talbert Channel between Garfield and Slater Avenues) AS A PART OF THE GROUNDWATER DEVELOPMENT PROJECT CONTRACT NO. 3004 -L RECOMMENDATION: 1. Accept the work. 2. Authorize the City to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with portions of the Civil Code. DISCUSSION: The Contract for the construction of the 36 -inch Water Transmission Main, Reach No 3 (Talbert Channel between Garfield and Slater Avenues) has been completed to the satisfaction of the Public Works Department. The Contractor for the project was CK Construction of Signal Hill, California. Toward the completion of the project, CK Construction filed for bankruptcy and abandoned the project. A completion contractor, provided to the City by CK's bonding company TIG Premier, completed the work. The completion contractor was AE Schmidt of Van Nuys, California. The following is a summary of project expenditures. Original Contract Amount to CK Construction $1,772,255.61 Council Approved Change Order 5/13/96 For Seawater Line Modifications 125,790.00 Other Change Orders 105,854.62 Total Approved for CK Construction $2,003,900.23 Amount Paid to CK Construction prior to abandonment $1,839,939.88 AE Scmidt Completion Contractor $160,548.00 Remaining Balance to be Paid to Bonding Company, TIG Premier $3,412.35 A SUBJECT: COMPLETION *ACCEPTANCE OF 36 -INCH WATER TRANS SSION MAIN. REACH NO. 3 (TALBERT CHANNEL BETWEEN GARFIELD AND SLATER AVENUES) AS A PART OF THE GROUNDWATER DEVELOPMENT PROJECT, CONTRACT NO. C- 3004 -L April 27, 1998 Page 2 0 SUMMARY OF CHANGE ORDERS A total of three change orders consisting of several components each were to the original contractor CK Construction. The following is a summary of the change orders Change Order No. 1 $125,790.00 This Council approved change order consisted of several modifications to the "Seawater Line' which were required to modify the line for use in the Groundwater Development Project. See the May 13, 1996 Council Report for more detail. Change Order No. 2. $72,324.32 This change order consisted of several components. a. Provided upstream and downstream tie -ins to Reach 2 which were deleted from the Reach 2 contract to better coordinate with the Reach 3 contract. ($18,750) b. Install City of Fountain Valley required gate valve, provide thrust block and miscellaneous changes. ($14,694.32) c. Add fittings and restraints necessary to change the vertical alignment to miss 12KVA SCE conduit which was higher than anticipated. ($38,880) i Change Order No. 3 $33,530.30 This change order also consisted of several components. a. Interfering 18" CMP that needed to be removed. ($2,867.95) b. Add informational signs required by the City of Fountain Valley, unmarked 2" line and removal of overpoured wall footing. ($1,988.94) c. Provide sand in around water line inside four casing crossings and installation of water tight seals which was not included as a requirement in the original contract. ($14,024.44) d. Additional cost for tie -ins at Reach 1 and Santa Ana River Crossing and effort to repair a defective reducer. ($14,648.97) PROJECT DESCRIPTION: On June 12, 1995, the City Council authorized the award of the 36 -Inch Water Transmission Main, Reach 3 contract to CK Construction, Inc., of Signal Hill, California. This project provided for construction of approximately 9,700 linear feet (1.5 miles) of 36 -inch diameter water transmission pipeline. This reach of pipeline runs from Slater Avenue in Fountain Valley, southerly in the Talbert Flood Control Channel to a point approximately 1,300 feet south of Garfield Avenue in Huntington Beach, where the line was connected to the "Seawater Transmission Main ". - s SUBJECT: COMPLETION M ACCEPTANCE OF 36 -INCH WATER TRANS SSION MAIN, REACH NO. 3 (TALBERT CHANNEL BETWEEN GARFIELD AND SLATER AVENUES) AS A PART OF THE GROUNDWATER DEVELOPMENT PROJECT, CONTRACT NO. C- 3004 -L April 27, 1998 Page 3 The pipeline was constructed partially within the dirt access road on public flood control right -of -way in a pipeline easement, and partially within street rights -of- way. The City approved an Agreement, September 12`h, 1994, with the County of Orange for use of the Talbert Flood Control Channel right -of -way and to obtain an easement. A project vicinity map is included as Attachment "A ". The pipeline became operational in the fall of 1996, however, the surface improvements had not been yet completed, and approximately $200,000 of the $1,772,255.61 Contract remained to be finished. By March 1997, It was determined that CK Construction had abandoned the project and filed for bankruptcy. Their bond company, TIG Premier Insurance Company, was put on notice that they would be required to finish the work. After months of negotiations, the bonding company and the City could not settle on terms of a completion agreement. Although, the bonding company had obtained a Contractor, AE Schmidt of Van Nuys, California, to complete the effort. As allowed by our contract documents, the City employed the services of AE Schmidt and entered into a completion contract with this firm in September 1997. AE Schmidt recently finished the remaining portions of the project and, based on the inspections from the County or Orange, and the City of Fountain Valley, the Project has now been completed. Re�tfully s b fitted, PUBLIC WORKS DEPARTMENT Don Webb, Director � By: G�X�Q�Gu u- LCs—�C Michael J. Sinac s-> Utilities Enginee Attachments: Exhibit "A ": Vicinity Map • f:\groups\pubworks \council \98 \apr -27 \reach 3.doc YORKTOWN Z LU cc Ca x U �� cc Y i I RT l t�fr_�l d Newport Beach Groundwater Development Project Water Transmission Main Routes Existing Mains - - - -- O.C.W.D. seowater Main Proposed Transmission Lines Preferred Route ......... Alternate Route nn� O.C.F.C.D. Easement - Reach #3 EXHI$IT AEI L oC.A'YION MAP * .. I i i I • I' 1 s COMPLETION CONTRACT THIS AGREEMENT, entered into this �ZJ day of 19 _Vby and between the CITY OF NEWPORT BEACH, hereinafter ity," and A. E. SCHMIDT ENVIRONMENTAL, INC., hereinafter "Completion Contractor," is made with reference to the following facts: A. City advertised for bids for construction of Reach 3 of the 36 -Inch Ground Water Transmission Main for the Newport Beach Ground Water Development Project, Contract No. C- 3004-L. C.K. Pump and Dewatering Corporation, dba C.K. Construction (CK) was awarded the contract and proceeded to construct the 36 -inch Reach 3, 36 -inch water transmission main. B. The project was approximately ninety -seven percent (97 %) completed when CK abandoned the project. City notified TIG Premier Insurance Company (TIG), the payment and performance bond surety, and tendered completion of the project to TIG. C. TIG provided Completion Contractor to complete the remaining work on the project. Payment for completion of the project will be made from retentions on Contract No. C- 3004-L. This contract shall be known and referred to as Contract No. C- 3004 -L (Completion). NOW, THEREFORE, City and Completion Contractor agree as follows: 1. CONTRACT DOCUMENTS. This Completion Contract includes all of the following documents: Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Plans and Standard Special Provisions, Plans and Special Provisions for Contract No. C- 3004 -L, Standard Specifications for Public Works Construction (current edition) and all supplements and this Agreement, and all modifications and amendments thereto (collectively the "Contract Documents "). The Contract Documents comprise the sole agreement between the parties as to the subject matter therein. Any representations or agreements not specifically contained in the Contract Documents are null and void. Any amendments must be made in writing, and signed by both parties in the manner specified in the Contract Documents. 2. SCOPE OF WORK. Contractor shall perform everything required to be performed to complete the contract, and shall provide and fumish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Project. All of the work to be performed and materials to be furnished shall be in strict accordance with the provisions of the Contract Documents. Completion Contractor is required to perform all activities, at no extra cost to City which are reasonably inferable from the Contract Documents as being necessary to produce the intended results. 3. COMPENSATION & SCHEDULE. As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Completion Contractor and Completion Contractor accepts as full payment the sum of One Hundred Twenty -three Thousand Five Hundred Forty -seven 0 Dollars ($123,547.00). The project shall be completed in forty -five (45) calendar days from Notice to Proceed. This compensation includes: (a) Any loss or damage arising from the nature of the work, (b) Any loss or damage arising from any unforeseen difficulties or obstructions in the performance of the work, (c) Any expense incurred as a result of any suspension or discontinuance of the work, but excludes any loss resulting from earthquakes of a magnitude in excess of 3.5 on the Richter Scale and tidal waves, and which loss or expense occurs prior to acceptance of the work by City. 4. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Contract, before making its final request for payment under the Contract Documents, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract. Completion Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Contract except those previously made in writing and identified by Completion Contractor in writing as unsettled at the time of its final request for payment. 5. WRITTEN NOTICE Any written notice required to be given under the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Completion Contractor and to City, addressed as follows: CITY CONTRACTOR City of Newport Beach A. E. Schmidt Environmental, Inc. 3300 Newport Blvd. 16509 Saticoy Street Newport Beach, CA 92658 -8915 Van Nuys, CA 91406 6. LABOR CODE 3700 LIABILITY INSURANCE Completion Contractor, by executing this Contract, hereby certifies: "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 undertake self - insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Contract." 7. INSURANCE Insurance is to be placed with insurers with a Best's rating of no less than A:VII and insurers must be a California Admitted Insurance Company. 0 0 Completion Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this Agreement. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf, on forms provided by City. All certificates and endorsements are to be received and approved by City before work commences. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Completion Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Completion Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Completion Contractor's bid. A. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0001 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1173) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. 2. Insurance Services Office Business Auto Coverage form number CA 0001 0187 covering Automobile Liability, code 1 "any auto" and endorsement CA 0029 1288 Changes in Business Auto and Truckers Coverage forms - Insured Contract. 3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. B. MINIMUM LIMITS OF INSURANCE Coverage limits shall be no less than: 1. General Liability: One million ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 0 0 2. Automobile Liability: One million ($1,000,000) combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. C. DEDUCTIBLES AND SELF - INSURED RETENTIONS Any deductibles or self- insured retentions must be declared to and approved by City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects City, its officers, officials, employees and volunteers; or Completion Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages a. City, its officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Completion Contractor, including the insured's general supervision of Completion Contractor; products and completed operations of Completion Contractor; premises owned, occupied or used by Completion Contractor; or automobiles owned, leased, hired or borrowed by Completion Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. b. Completion Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees and volunteers. Any insurance or self - insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Completion Contractor's insurance and shall not contribute with it. C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officers, officials, employees and volunteers. d. Completion Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. e. The insurance afforded by the policy for contractual liability shall include liability assumed by contractor under the indemnification /hold harmless provision contained in this Agreement. 2. Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees and volunteers for losses arising from work performed by Completion Contractor for City. 1 All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. E. Acts of God: Pursuant to Public Contract Code Section 7105, Completion Contractor shall not be responsible for the repairing and restoring damage to Work, when damage is determined to have been proximately caused by an Act of God, in excess of 5 percent of the Contract amount provided that the Work damaged is built in accordance with the plans and specifications. F. Right to Stop Work for Non - Compliance: City shall have the right to offer the Completion Contractor to stop Work under this Agreement and /or withhold any payment(s) which become due to COMPLETION CONTRACTOR hereunder until COMPLETION CONTRACTOR demonstrates compliance with the requirements of this article. 8. RESPONSIBILITY FOR DAMAGES OR INJURY A. City and all officers, employees and representatives thereof shall not be responsible in any manner: for any loss or damages that may happen to the Work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Work, for injury to or death of any person either workers or the public; or for damage to property from any cause arising from the construction of the work by Completion Contractor, or its subcontractors, or its workers, or anyone employed by it. B. Completion Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Completion Contractor's work on the Project. 0 0 C. Completion Contractor shall indemnify, hold harmless, and defend City, its officers and employees from and against (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damages, or any other claims arising from any and all acts or omissions of Completion Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Agreement; (2) use of improper materials in construction of the Work; or, (3) any and all claims asserted by Completion Contractor's subcontractors or suppliers on the project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. Completion Contractor shall not be required to indemnify or defend City from the sole negligence or willful misconduct of City, its officers or employees. D. To the extent authorized by law, as much of the money due Completion Contractor under and by virtue of the Contract as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. E. Nothing in this article, nor any other portion of the Contract Documents shall be construed as authorizing any award of attorneys' fees in any action to enforce the terms of this Agreement. F. The rights and obligations set forth in this Article shall survive the termination of this Agreement 9. EFFECT OF COMPLETION CONTRACTOR'S EXECUTION Execution of this Agreement and all other Contract Documents by Completion Contractor is a representation that Completion Contractor has visited the Project Site, has become familiar with the local conditions under which the work is to be performed, and has correlated all relevant observations with the requirements of the Contract Documents. 10. CONFLICT If there is a conflict between provisions of this Contract and any other Contract Document, the provisions of this Contract shall prevail. 11. WAIVER A waiver by City or any term, covenant, or condition in the Contract Documents shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. IN WITNESS WHEREOF, th ereto have caused this contract to be executed the day and year first written above. ri�v!Pdp� ATTEST: \LSD CITY OF NEWPORT BEACH i�i ? A Municipal Corporation w Diu:: By: CITY CLERK APPROVED AS TO FORM: CITY ATT RNEY RC/9b 08 -15.97 CONTRACTOR By: �& V-1P Authorized Signature and Title F:kattag %Gmdwat\081597 TO: FROM: DATE: CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 PURCHASING /ADMINISTRATIVE SERVICES DEPARTMENT CITY CLERK August 17, 1995 SUBJECT: Contract No. C- 3004 -L ;?� ASD S -17-9s Description of Contract Groundwater Development Project 36 -Inch Water Transmission Main - Reach No. 3 Effective date of Contract June 12, 1995 Authorized by Minute Action, approved on June 12, 1995 Contract with CK Construction Address 2841 Gardena Avenue Signal Hill, CA 90806 Amount of Contract $1,772,225.61 Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach L CSCONST. NOTICE INMING BIDS "U 2 C 1995 Sealed bids may be received at the office of the City Clerk, RECEIVED 3300 Newport Boulevard, Post Office Box 1768, Newport Beach, California 92658 -8915 until 2:00 o'clock p.m,- on 31st day of May, 1995, at which time such bids shall be opened and read for: GROUNDWATER DEVELOPMENT PROJECT 36-INCH WATER TRANSMISSION MAIN - REACH NO. 3 Title of Project F C- 3004 -L Cif c0idST Contract No. 19 9 5 $1,902,150 REG.IVED Engineer's Estimate k��I FO Rr� Approved by the City Council this 8th day of May, 1995 s� Lx'le �' Wanda E. Ragg' City Clerk Prospective bidders may obtain a 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.3 CONTRACT NO. C- 3004 -L 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 except that material supplied by the City and shall perform all work required to complete Contract No. C- 3004 -L 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 APPROXIMATE NO. QUANTITY DESCRIPTION UNIT TOTAL PRICE AMOUNT Lump Sum Mobilization, demobilization and cleanup for the lump sum price of One Hundred Thousand Two Hundred Dollars and & Twenty-Six No Cents $ 100.226.00 $100,226.00 Lump Sum 2 8,817 L.F. Install City Furnished 36 -inch ductile iron pipe, Class 52, complete in place for the unit price of Seventy -Seven Dollars and _Eighty-Five Cents Per Lineal Foot P -la $ 77.85 $ 686,403.45 SCHEDULE OF WORK ITEMS ITEM APPROXIMATE UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE AMOUNT 3. 170 L.F. Install City Furnished 24 -inch ductileiron pipe, Class 52, complete in place for the unit price of Five Hundred & Fifty -Five Dollars and No Cents $ 555.00 $ 94,350.00 Per Lineal Foot 4. 435 L.F. Bore and jack 54 -inch steel casing, 1/2 -inch (min.) plate, with Cityfurnished 36 -inch ductile iron carrier pipe, Class 52, complete in place for the unit price of Seven Hundred & Sixty- -One Dollars and Cents $ 761.00 $ 331,035.00 Per Lineal Foot 5. 116 L.F. Bore and jack 54 -inch steel casing, 3/4 -inch (min.) plate, with City furnished 36 -inch ductile iron carrier pipe, Class 52, complete in place for the unit price of Eight Hundred & Seventy-Five Dollars and No Cents $ 875.00 $101,500.00 Per Lineal Foot 6. 1 EA. Furnish and install 30 -inch valve and valve vault complete in place for the unit price of Sixty -Nine Thousand Four Hundred Dollars and & Sixty-Seven No Cents $ 69,467.00 $ 69.467.00 Per Each P -lb • • SCHEDULE OF WORK ITEMS ITEM APPROXIMATE UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE AMOUNT 7. 2 EA. Furnish and install 24 -inch valve and valve vault complete in place for the unit price of Fifty Thousand Four Hundred& Seventy—Dollars and No Cents $ 50,470.00 $100,940.00 Per Each 8. 6 EA. Furnish and install 2 -inch air and vacuum release valve assembly complete in place for the unit price of Three Thousand Three Hundred Dollars and & Eighty-Nine No Cents $ 3,389.00 $ 20,334.00 Per Each 9. 1 EA. Furnish and install manual air release complete in place for the unit price of Seven Hundred & Eighty -Six Dollars and No Cents $ 786.00 $ 786.00 Per Each 10. 6 EA. Furnish and install access blowoff assembly and manhole complete in place for the unit price of Fifteen Thousand Six Hundred Dollars and & Twenty-Two No Cents $15,622.00 $ 93,732.00 Per Each 11. Lump Sum Install connection to existing 30 -inch Seawater Line for the lump sum price of Seven Thousand Five Hundred Dollars and & Thirty-Four No Cents Lump Sum P -1C $ 7,534.00 $ 7,534.00 • • SCHEDULE OF WORK ITEMS ITEM APPROXIMATE UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE AMOUNT 12. 2,476 SF Furnish and install reinforced concrete slab complete in place for the unit price of Four Dollars and Sixty -Six Cents $ 4.66 $11,538.16 Per Square Foot 13. 5 EA. Furnish and install dual single anode and test station complete in place for the unit price of One Thousand Five Hundred& Forty Dollars and $1540.00 $ 7.700.00 Per Each 14. 8 EA. Furnish and install dual clustered anode and test station complete in place for the unit price of Two Thousand Three Hundred & Nine Dollars and No Cents $ 2,309.00 $18,472.00 Per Each 15. 4 EA. Furnish and install casing test station complete in place for the unit price of Five Hundred & TwentL-Four Dollars and No Cents Per Each 16. 1 EA. Furnish and install 2 -wire test station complete in place for the unit price of Four Hundred & Ninety -Three Dollars and Per Each P -ld $ 524.00 $ 2.096.00 $ 493.00 $ 493.00 0 0 SCHEDULE OF WORK ITEMS ITEM APPROXIMATE UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE AMOUNT 17. 8 EA. Pothole utility called for on the Plans for the unit price of One Thousand Dollars and Per Each 18. Lump Sum Pressure test, disinfect and flush new water main for the lump sum price of Five Thousand Six Hundred& Six Dollars and Lump Sum 19. Lump Sum Provide traffic control for the project for the lump sum price of Five Hundred Dollars and $1,000.00 $ 8,000.00 $ 5,606.00 $ 5,606.00 $ 500.00 $ 500.00 Lump Sum 20. Lump Sum Excavation safety measures including adequate sheeting, shoring and bracing or equivalent methods for the protection of the life and limb, which shall comply to applicable safety orders for the lump sum price of One Hundred Nine Thousand Dollars and & Forty-Three Lump Sum P -le $109.043.00 $109.043.00 • • SCHEDULE OF WORK ITEMS ITEM APPROXIMATE UNIT TOTAL NO. QUANTITY DESCRIPTION PRICE AMOUNT 21. 1 EA. Construct masonry retaining wall at air and vacuum valve complete in place for the unit price of Two Thousand Five Hundred Dollars and No Cents Per Each TOTAL PRICE IN WRITTEN WORDS (Bid Items 1 -21) One Million Seven Hundred Seventy -Two Thousand Two Hundred & Fifty -Five Dollars and Sixty -One Cents $ 2,500.00 $ 2.500.00 $1,772.255.61 I declare under penalty of perjury that all representation made above are true and correct.* *Effective January 1, 1990, Business and professional Code Section 702.8.15 provides that any bid not containing the above requested information, or a bid containing information which is subsequently proven false, shall be considered non - responsive and shall be rejected. Bidder's Name CK Pump & Dewatering Corporation dba CK Construction Bidder's Address 2841 Gardena Avenue Signal Hill, California 90806 Bidder's Telephone Number (310) 426 -1558 Contractor's License No. & Classification 287923 Class "A" Expiration Date TUNE 1.1995 S /CHARLES S. KING, PRESIDENT Date Authorized Signature & Title P -if 0 0 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 SUBTOTAL OF DEDUCTS: Dollars and Cents Dollars and Cents F. Dollars and TOTAL DEDUCT AMOUNT SUBTOTAL DEDUCT AMOUNT Total Price in Written Words (subtotal of Bid Items 1 through 21 Less Subtotal of Deducts): Dollars and Total Price P -lg • INSTRUCTIONS TO BIDDERS• Page 2 The following documents shall be completed, executed and received by the City Clerk in accord with the "NOTICE INVITING BIDS ". L 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 accord 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. 287923 CLASS A CK Pump & Dewatering Corp. dba CK Constr. Contr's Lic. No. & Classification Bidder JUNE 1, 1995 S /CHARLES S. KING. PRESIDENT Date Authorized Signature /Title 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 accord 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 accord with State law. Subcontractor Address Subcontract Work 1.GOLDEN STATE BORING ONTARIO. CA BORE JACK & GROUT 2.P.I.C. ENVIRONMENTAL HUNTINGTON BEACH, CA ASBESTOS 5. 7 1 11 1 CK Pump & Dewatering Corporation dba CK C_o_n_strustion Bidder S /CHARLES S. KING. PRESIDENT Authorized Signature /Title 0 BIDDER'S BOND 0 Page 4 KNOW ALL MEN BY THESE PRESENTS, That we, C K Pump & Dewatering Corp. dba C K Construction as bidder, and TIG PREMIER 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 Dollars t $ 177.225.56 ), 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 36 -INCH WATER TRANSMISSION MAIN - REACH NO.3 C- 3004 -L 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 31ST day of MAY, 1995. (Attach acknowledgement of CK Pump & Dewatering Corporation Attorney -in -Fact) dba CK Construction A. E. MECHIKOFF Notary Public 10 -12 -95 Commission Expires Bidder S /CHARLES S. KING, PRESIDENT Authorized Signature /Title TIG PREMIER INSURANCE COMPANY Surety By: S /JOHN A. RUIZ Title: TOHN A. RUIZ, ATTORNEY -IN -FACT • 0 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 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 another person in any way or manner, any of the proceeds of the contracts sought by this bid. CK Pump & Dewatering Corporation dba CK Construction Bidder S /CHARLES S. KING, PRESIDENT Authorized Signature /Title Subscribed and sworn to before me this 1st day of JUNE 1995. My Commission Expires: 10 -12 -95 S /A. E. MECHIKOFF S.A. Mechikoff, Notary Public s • 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 Abdul Rashid of 310-516-9194 17140 S. Avalon Blvd Montgomery Watson Carson CA 90746 1994 L.A. County Flood Control H Stone 818 -458 -3104 P. O. Box 1460 Alhambra, CA 91802 -3104 1994 City of Pico Rivera J Balanay 310 - 949 -7506 Pico Rivera, CA 90660 1993 City of Lakewood C Brooks 310 - 866 -9771 5050 N. Clark Ave. Lakewood, CA 90714 1993 City of Orange A Basargekar 714 -744 -5569 Orange CA 92666 -1691 CK Pump & Dewatering Corporation dba CK Construction Bidder S /CHARLES S. KING. PRESIDENT Authorized Signature /Title s 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 the 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) WORKERS' COMPENSATION INSURANCE CERTIFICATION (page 17) The City of Newport Beach will not permit a substitute format for these contract documents. Bidders are advised to review their content with bonding, insuring and legal agents prior to submission of bid. Payment and Faithful Performance Bonds shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) meeting Policyholders' Rating and Financial Size Category criteria in the paragraph above. Insurance Companies affording coverage and sureties issuing bonds 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 accord 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. BOND NO. TP136763364 PREMIUM INCLUDED IN PERFORMANCE BOND Pa e 8 BOND ISSUED IN QUADRUPLICATE g 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 June 12th. 1995 has awarded to C K Pump & Dewatering Corporation dba C K Construction hereinafter designated as the "Principal ", a contract for 36 -INCH WATER TRANSMISSION MAIN - REACH NO 3, CONTRACT NO. C- 3004 -L 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 C K PUMP & DEWATERING CORPORATION dba C K CONSTRUCTION as Principal, and TIG PREMIER INSURANCE COMPANY as Surety, are held firmly bound unto the City of Newport Beach, in the sum of One Million Seven Hundred Seventy Two Thousand Two Hundred & Fifty -Five & 61/100 Dollars ($11M,255.61), ), 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 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 13TH day of JULY 19-95—. CK Pump & Dewatering Corporation (Seal) Authorized Signature Authorized Signature and Title TIG PREMIER INSURANCE COMPANY (Seal) Name of Surety _ P.01 BO 998, TTL EK MI 49016 Add ss o urety re and Title of Autho e Agent A. RUIZ, A 1 I FACT 0. BOX 5616, RIVERS IM, CA 92517 Address of Agent 909 - 682 -2722 Telephone Number of Agent CALIFORNIA ALL - PURPOSE SCNOWLEDGMENT • No. 5907 State of CALIFORNIA County of RIVERSIDE ME 7/13/95 DATE before me, TAMRA PONTI, NOTARY PUBLIC NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC" personally appeared JOHN A. RUIZ , NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ PFOved to I"Re OR the basis of sati6faeteFy e, " 4-1- -a to be the person( whose name0 o is /ate subscribed to the within instrument and ac- knowledged to me that he /sey executed the same in his /har/#heir authorized capacity(ks), and that by his /her-/their ;s _» signature(?!) on the instrument the personIA), =, or the entity upon behalf of which the > personW acted, executed the instrument. A WITNESS my hand and official seal. On n-LA (a p =+r- 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 ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL © ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) TIG PREMIER INSURANCE CO. DESCRIPTION OF ATTACHED DOCUMENT ':P4 TITLE OR TYPE OF DOCUMENT 2 NUMBER OF PAGES 7/13/95 SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309 -7164 1'I0 111-91,1101, lneulranoo company Adlvilnlatrotiv0 Write, battle araela, MIallignn GENErtAL POWEn OP ATT011NEY Know All Men by These Presents, That TIG Premier Insurance Company, a corporation duly organized and existing under the laws of the Slate of California, and having Ito administrative office In dallle Croglt, Calhoun County, Michigan, does by these presents make, constitute and appoint .JOHN A. RUIZ of RIVERSIDE and Slate of CAl.IFORNTA Its true and lawful Altorney(s)-in -Pact, with full power and authority hereby conrorrod In Ito nans, piece and stead to execute, solulowiedge and deliver CONTRACT BOND - NOT TO EXCEED THE AMOUNT OF $1,772,225.61 ON BEHALF OF C R CONSTRUCTION. and to bind Ilia Company thereby a9 fully and to ilia same extent as If such bonds were signed by the Presldent, sealed with ilia corporate seat of ilia Company and duly attested by Its Secretary, hereby ratifying and confirming all that the sold Attorney(si -bl -Fact nlay do In the pronllsos. Said appointment Is trade under and by authority or Section 35 of ills bylaws, ns amandod, and duly adopted by the Board of Directors of ilia 'IIG Premier Insurance Company. "Bs It nosolved, that the President, any Vice-President, any Secretary or oily Assistant Secretary shall be and Is hereby vested with full power and outhority to nppaint any or more aullabis persons as Attorneyfsl in -Fact to represent and oat for and on behalf of ilia Company subject to ilia following provisions: "Section 1. Al(orney -in -Fact Attorney -in -Fact may be given full power slid sulllority for end In Ilia name of and on behalf of ilia Company, to execute, acknowledge and deliver, oily and all bonds, recognizances, contracts, agreements of Indengtily, consents of surely slid other conditional or obligatory undertakings and any and all notices and documents canceling or tonninating the Compony's liability thereunder, end any such Instruments no executed by any such Attorney -in -Fact shall be binding upon Ilia Company as If signed by ilia President and sealed mid attested by the Corporate Secretary." in Witness Where f TIG Premier Insurance Company has caused these presents to by signed by its VYC$ PRESIDENT rind Ito corporate Goal to be hereto affixed (hie 13TH dey of A.D., 19 95 Op �NC TIG P CMIEfI INSyURANCE OMP Slate of Michigan �jI �� 6O JULY County of Calhoun Q y JOAN H. DILLARD d p 1941 On this 13TH day o 9(/PO Ftt� as in the year 1995 JULY MIN BOND NO. TPI36763364 • • PREMIUM: $35,445.00 Page 10 BOND ISSUED IN QUADRUPLICATE FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, That WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted June 12th .1995 has awarded to C K Pump & Dewatering Corporation dba C K Construction hereinafter designated as the 'Principal ", a contract for 36 -INCH WATER TRANSMISSION MAIN - REACH NO. 3, CONTRACT NO. C- 3004 -L in the City of Newport Beach, in strict conformity with the Drawings and Specifications and other contract documents on file in the office of the City Clerk of the City of Newport Beach; WHEREAS, said Principal has executed or is about to execute said contract and the terms thereof require the furnishing of a bond for the faithful performance of said contract; NOW, THEREFORE, We, C K Pump & Dewatering Corporation dba C K Construction as Principal TIG PREMIER INSURANCE COMPANY as Surety, are held and firmly found unto the City of Newport Beach, in the sum of One Million Seven Hundred Seventy Two Thousand Two Hundred & Fifty -Five & 61/100 Dollars ($ 1,772,255.61). said sum being equal to 100% of the estimated amount of the contract, to be paid to 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 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. • 0 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 13TH day of JUNE 1995 C K Pump & Dewatering Corporation dba C K Construction (Seal) Name of Contractor (Principal) TIG PREMIER INSURANCE COMPANY , (Seal) Name of Surety P.O. BOX 1998, BATTLECREEK, MI 49016 Surety / t gn ture and Title of Authorize gent A. RUIZ, ATTORNEY— ACT P. BOX 5616, RIVERSID 92517 dd ss of Agent 909 - 682 -2722 Telephone Number of Agent CALIFORNIA ALL - PURPOSE ROKNOWLEDGMENT • State of CALIFORNIA County of RIVERSIDE On 7/13/95 before me, TAMRA PONTI, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC' No. 5907 personally appeared JOHN A. RUIZ NAME(S) OF SIGNER(S) ® personally known to me - OR - ❑ proved to rne on the basis of satesfaeteFy WevideReve to be the person( whose name(A0 is /ate subscribed to the within instrument and ac- knowledged to me that he /sheAhey executed the same in his /ha-r/th ir authorized - > -- capacity(ks), and that by his /weir s Lgnature(,K) on the instrument the personiV E the entity upon behalf of which the c ssss is rsonO} 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 ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL IN ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) TIG PREMIER INSURANCE CO. DESCRIPTION OF ATTACHED DOCUMENT - _;W_Kj11 Z � TITLE OR TYPE OF DOCUMENT 2 NUMBER OF PAGES 7/13/95 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 71154 -Canoga Park, CA 91309-7184 C"I 10 1995 PRODUCER COMPANIES AFFORDING COVERAGE COMMERCIAL ASSOCIATES INSURANCE, INC. COMPANY 4226 East La Palma Avenue - LETTER CNA (Transcontinental) Anaheim, CA 92807 COMPANY (714) 524 -4949 FAX 524 -4940 LETTER CNA (Valle Forge) INSURED COMPANY CK PUMP & DEWATERING CORPORATION C LETTER CNA (Valley Forge) COMPANY (Swett & DBA: CK CONSTRUCTION COMPANY LETTER ST. PAUL SURPLUS LINES Crawford P.O. Box 2800 COMPANY E Long Beach, CA 90801 LETTER yp _ THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES AND IS NOT AMENDED, EXTENDED OR ALTERED BY THIS CERTIFICATE. 00 TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION ALL LIMIT'S IN THOUSANDS rn NUMBER DATE DATE GENERAL LIABILITY (OCCURENCE BASIS ONLY) GENERAL AGGREGATE $2,000 X COMMERCIAL COMPREHENSIVE PRODUCTSICOMPLETED $2,000 x OPERA TONS AGGREGATE OWNERSQCONTRACTORS 0021615373 7/01/95 7/01/96 A PROTECTIVE PERSONAL INJURY $1,000 X CONTRACTUAL.FOR SPECIFIC CONTRACT PRODUCTSIDOMPLETED OPERATION EACH OCCURENCE S1,000 XCU HAZARDS BROAD FORM PROPERTY DAMAGE SO SEVERABILTTY OF INTEREST CLAUSE FIRE DAMAGE (ANYONE FIRE) $ P.1. WITH EMPLOYEE EXCLUSION MEDICAL EXPENSES $ 5 REMOVED MARINE (ANY ONE PERSON) AUTOMOBILE LIABILITY COMBI $ 1,000 LIMIT ANY AUTO BODILY INJURY $ B ALL OWNED AUTOS A121615387 7/01/95 7/01/96 (PER PERSON) SCHEDULED AUTOS BODILY INJURY HIRED AUTOS (PER ACCIDENT) $ NON -OWNED AUTOS PROPERTY GARAGE LIABILITY DAMAGE $ EXCESS LIABILITY EACH AGGREGATE UMBRELLA FORM A128838342 7/01/95 7/01/96 OCCURENCE C OTHER THAN UMBRELLA FORM $ 1,000 $ 1,000 STATUTORY WORKERS' COMPENSATION $ 1,000 EACH ACCIDENT B 01034427566 7/01/95 7/01/96 EMPLOYE S'LIABILITY $ 1,000 DISEASE - POLICY LIMIT $ 1,000 DISEASE -EACH EMPLOYEE OTHER D EXCESS LIABILITY SP05502368 7/01/95 7/01/96 $ 3,000 $3,000 DESCRIPTION OF OPERATIONSI LOCATKKJSNEHICLES IRESTRICTIONMPECIAL ITEMS: ALL OPERATIONS PERFORMED FOR THE CITY OF NEWPORT BEACH BY OR ON BEHALF OF THE NAMED INSURED IN CONNECTION WITH, BUT NOT LIMITED TO THE FOLLOWING CONTRACT: 36 -Inch Water Transmission Main -Reach No. 3. C- 3004 -L PROJECT TITLE AND CONTRACT NUMBER CITY OF NEWPORT BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON- RENEWED, CANCELLED OR P.O. BOX 1768 COVERAGE REDUC BEFORE THE EXPI TE THE COMPANY AFFORDING 3300 NEWPORT �`�� SHALLP OVIDE 30 DAYS MINI UM ADVANCE NOTICE TO THE CRY OF BOULEVARD NEWPO 7BEACH FwSr LA S MAIL. /�— NEWPORT BEACH, CALIFORNIA 92658 -8915 ('Q ATTENTION: A RI7ED RESENTAnVE ISSUE DAIS 0 CITY OF NEWPORT BEACH 6 AUTOMOTIVE LIABILITY INSURANCE ENDORSEMENT It is agreed that: Page 13 With respect to such insurance as is afforded by the policy for Automobile Liability, the City of Newport Beach, its officers and employees are additional insureds, but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage." 3. The limits of liability under this endorsement for the additional insureds named in Paragraph 1. of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit: [ j Multiple Limits Bodily Injury Liability$ 11000,000 per person Bodily Injury Liability $ 11000,000 per accident Property Damage Liability $ 1.00O 000 [ Xj Combined Single Limit Bodily Injury Liability $ 1.000.000 and Property Damage Liability The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one accident or occurrence in excess of the limits of liability stated in the policy as applicable to Automobile Liability Insurance. 4. Should the policy be non - renewed, cancelled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 5. Designated Contract: 36 -INCH WATER TRANSMISSION MAIN -REACH NO.3 C- 3004 -L Project Title Contract No. This endorsement is effective July 1, 1995 at 12:01 A.M. and forms part of Policy No. A121615387 of CNA - Valley Forge (Company Affording Coverage) CK Pump & Dewatering Corporation Insured DBA: CK Construction Company Endo mJen No. 1 Issuing Company CNA - Valley Forge By _(Arized a resentative) CITY OF NEWPORT BEACH GENERAL LIABILITY INSURANCE ENDORSEMENT It is agreed that: Page 14 With respect to such insurance as is afforded by the policy for General Liability, the City of Newport Beach, its officers and employees are additional insureds but only with respect to liability arising out of operations performed by or on behalf of the named insureds in connection with the contract designated below or acts and omissions of the additional insureds in connection with its general supervision of such operations. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the liability of the company affording coverage." 3. The insurance afforded by the policy for Contractual Liability Insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the named insured under the indemnification or hold harmless provision contained in the written contract, designated below, between the named insured and the City of Newport Beach. 4. With respect to such insurance as is afforded by this policy, the exclusions, if any, pertaining to the explosion hazard, collapse hazard and underground property hazard (commonly referred to as "XCU" hazards) are deleted. 5. The limits of liability under this endorsement for the additional insured(s) named in paragraph I of this endorsement shall be the limits indicated below written on an "Occurrence" basis: [X] Commercial[ ] Comprehensive General Liability $ 1.000.000 each occurrence $ 11000.000 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 insured(s). The limits of liability as stated in this endorsement shall not increase the total liability of the company affording coverage for all damages as the result of any one occurrence in excess of the limits of liability stated in the policy as applicable to General Liability Insurance. 6. Should the policy be non - renewed, cancelled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department 7. Designated Contract: 36 -INCH WATER TRANSMISSION MAIN - REACH NO.3 C- 3004 -L Project Title Contract No. This endorsement is effective July 1, 1995 at 12:01 A.M. and forms part of Policy No. CO21615373 of CNA - Transcontinental (Company Affording Coverage) CK Pump & Dewatering Corporation Insured DBA: CK Construction Company Endorse 7t Not 1 Issuing Company CNA - Transcontinental gy UJA (Authorized Represent tive) Jennifer Smith, Agency Manager C` J CONTRACT • Page 15 THIS AGREEMENT, entered into this 12th day of June 19 95 , by and between the CITY OF NEWPORT BEACH, hereinafter "City," and C K Pump & Dewatering Corporation dba C K Construction , 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.3 C- 3004 -L 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.3 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 Seven Hundred and Seventy Two Thousand Two Hundred and Twenty -Five Dollars and 61/100 ( $1,772.225.61) 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) (f) Workers' Compensation Insurance Certification E • Page 16 (g) Plans and Special Provisions for 36 -INCH WATER TRANSMISSION MAIN - REACH NO.3 C- 3004 -L Title of Project Contract No. (h) 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. CITY OF NEWPORT BEACH a municipal corporation —\334 G John Hedges, Mayor ATTEST: /;c LL C= ' ✓'t Raggio, City Clerk APPROVED AS TO FORM: C K Pump & Dewatering Corporation dba C K Construction Robert Burnham, City Attorney Name of t actor (Principal) Authorized Authorized Signature and Title 0 0 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." July 17, 1995 Date C K Pump & Dewatering Corporation dba C K Construction Name of Contractor (Principal) 36 -INCH WATER TRANSMISSION MAIN - REACH NO.3 C- 3004 -L Title of Project Contract No. I J BY THE CITY COUNCIL CITY OF NEWPORT BEACH APPROVED • June 12th, 1995 CITY COUNCIL AGENDA ITEM NO. ,7 5 TO: Mayor & Members of the City Council FROM: Utilities Department SUBJECT: CONTRACT FOR CONSTRUCTION OF WATER PIPELINE REACH NO. 3 PIPELINE (Seawater Line to Slater Avenue) GROUNDWATER DEVELOPMENT PROJECT (CONTRACT NO. 3004 -L) RECOMMENDATIONS: 1. Find, based on evidence submitted, that the "apparent low bidder ", Peter C. David Company, Inc. committed an error in preparing their bid proposal. 2. Approve the written request of the "apparent low bidder ", Peter C. David Company, Inc. to rescind their bid because of the error. 3. Find that C. K. Construction, submitted the "lowest responsible bid" and the they can meet the requirements for completing the proposed contract work and declare them the 'low bidder ". 4. Award Contract No. 3004 -L to C. K. Construction in the amount of $1,772,255. 5. Authorize the Mayor and the City Clerk to execute the contract on behalf of the City. DISCUSSION OF BID RESULTS: At 2:00 p.m. on June 1st, 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 Peter C. David Company, Inc. $ 1,534,054 2 C. K. Construction $ 1,772,255 3 W. A. Rasic Construction Company, Inc. $ 2,069,134 4 Southern California Undergrounding, Inc. $ 2,091,715 5 E. J. Meyer Company $ 2,171,111 (3Y) 0 0 Page 2 Reach No. 3 Pipeline Construction Award of Contract (C- 3004 -L) June 12', 1995 Five bids were received. This is a lower number of bids than were received on the other recent pipeline project bids. Staff speculates that the reduced number of bidders was due to the coincidental bidding of another larger project in San Diego County whose bids were opened and read on the previous day. The lowest responsible bid was submitted in the amount of $1,772,255 and was 63/4 % below the Engineer's Estimate of $1,901,150. APPARENT LOW BIDDER VERSUS THE LOWEST RESPONSIBLE BIDDER: The contracting company who submitted the apparent low bid, Peter C. David Company, Inc., has submitted evidence to the City which shows they erred in preparing their bid proposal. A review of their bid calculation sheets revealed an error that, had it not been made would have resulted in a bid price total in excess of $1,850,000. In keeping with the provisions of the State Contracting Code related to errors in bid preparation, the contractor has made a written request to rescind the bid submitted. Staff believes that granting this request is both prudent and appropriate, given the circumstances. Under the law, the City would not be able to hold the contractor to a bid price proposal that was prepared in error. As such, the contractor who submitted the second lowest bid price should be declared the "lowest responsible bidder ". The lowest responsible bidder, C. K. Construction of Signal Hill, 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. This firm was also awarded the contract for construction of the Reach No. 2 pipeline segment in Huntington Beach. 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 the Central and West Basin service areas of MWD. 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: Ll Page 3 Reach No. 3 Pipeline Construction Award of Contract (C- 3004 -L) June 12t°. 1995 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 Fountain Valley 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 the 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. 3 and provides for construction of approximately 9,700 linear feet of 36 -inch diameter pipeline. This segment of the Groundwater Development Project will allow delivery of well water from Fountain Valley to the City's water distribution system. It will connect the City's proposed water wells to the existing "Seawater Transmission Main" that was leased from OCWD in 1991. This project provides for construction of approximately 9,700 linear feet (17 /s miles) of 36 -inch diameter water transmission pipeline. This reach of pipeline runs from Slater Avenue in Fountain Valley, southerly in the Talbert Flood Control Channel to a point approximately 1,300 feet south of Garfield Avenue in Huntington Beach, where the line will be connected to the "Seawater Transmission Main ". The proposed pipeline will be constructed partially within the dirt access road on public flood control right -of -way in a pipeline easement, and partially within street rights -of- way. The City approved an Agreement, September 12"', 1994, with the County of Orange for use of the Talbert Flood Control Channel right -of -way and to obtain an easement. A project vicinity map is included as Attachment "B" The design consultant, ASL Engineers, Inc., has completed the pipeline design and has prepared detailed construction plans and specifications. Council approved the design contract at the January 9'h, 1995, Council meeting. The majority of the pipeline materials to be installed under this contract were pre - purchased by the City to facilitate the ambitious summer construction schedule. The City's permit to construct this reach of pipe allows construction to occur only between April and October. Pipe and fittings of this size were pre - purchased because they generally take up to 20 weeks to deliver after ordering. 0 PROJECT CONSTRUCTION MANAGEMENT: E Page 4 Reach No. 3 Pipeline Construction Award of Contract (C- 3004 -L) June 12'". 1995 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 Services, Inc. to provide field construction management and inspection services for all six different pipeline contracts related to the Groundwater Development Project. PROJECT COSTS & SCHEDULE: The cost for the overall project is $2,751,135. This cost includes the $1,772,255 contract for construction and $978,880 worth of pre - purchased pipe materials and fittings the were obtained in advance to facilitate the required summer construction schedule. The contractor's bid price for the project totaled $1,772,255 and was 63/4 % ($128,895) below the Engineer's Estimate of $1,901,150. The bids received reflect a current competitive construction market and the bid amounts show the successful bidder's price is a fair one considering the scope of 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- P500094A. 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 project specifications only allow the contractor until October 15t", 1995, to complete work within the flood control channel right - of -way due to permit requirements set by OCEMA. To complete the work in the flood control channel within this schedule window, the City must award the contract for construction at the earliest possible time. The City's project schedule proposes that the contractor commence construction in June 1995. The project specifications require the contractor to complete the work within 145 calendar days. The schedule will allow completion of the portion of the project within the Talbert Flood Control Channel prior to October 15', 1995. This project segment should be completed before Thanksgiving 1995. THE BOTTOM LINE: The Reach No. 3 pipeline segment constraints dictate a coordinated schedule window for several parts of the contract. Work within the Talbert Flood Control Channel requires summer season work, which must be done prior to the time when the reservoir and pump station contractor are ready to tie -in to the new lines. 0 0 Page 5 Reach No. 3 Pipeline Construction Award of Contract (C- 3004 -L) June 12'", 1995 The City has obtained permits or approval -in- concept for all of the permits necessary for construction of this project segment and has coordinated with the other affected utility companies and agencies. 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 less than the engineer's construction cost estimate. Staff believes the contractor can complete the project satisfactorily and recommends award of the contract to the lowest responsible bidder, C. K. Construction of Signal Hill, California. Respectfully submitted, JEFF 5TANEAN-r Jeff Staneart, P.E. Utilities Director JS: sd Attachments: Exhibit "A": Vicinity Map Exhibit "B ": Bid Summary List of Prior Relevant Council Actions: City Council February 11 ", 1991...... Approve Seawater Pipeline Lease with OCWD January 25'°, 1993........ Approve and Certify Project EIR September 12'. 1994.... Approve Easement Lease with OCEMA January 9`", 1995.......... Approve Reach No. 3 Pipeline Design Contract May S'", 1995 ................Approve Plans & Advertise Reach No. 3 Pipeline Contract N -I ¢J Q a �0J Y U LLI U I ME1 V Ca LU LU C L m��zd Lu zoo z 0 O 0 O 0 O 0 H O 0 O 0 Z O 0 LLJ cop LmX O 0 r K Q O 0 aa O 0 30 O 0 LLI Z W O O J O ME1 V Ca LU LU C L m��zd Lu zoo EKHiBtr way. 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BY THE CITY COUNCIL OF NEWPORT BEACH MAY R 1995 9 May 8"', 1995 CITY COUNCIL AGENDA ITEM NO. 3.2 TO: Mayor & Members of the City Council FROM: Utilities Department SUBJECT: CONTRACT FOR CONSTRUCTION OF WATER PIPELINE REACH No. 3 WATER TRANSMISSION PIPELINE (C- 3004 -L) 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 two o'clock in the afternoon, (2:00 p.m.) on Wednesday, May 319t, 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 9,100 linear feet (13/4 miles) of 36 -inch diameter water transmission pipeline. This reach of pipeline runs from Slater Avenue in Fountain Valley, southerly in the Talbert Flood Control Channel to a point approximately 1,300 feet south of Garfield Avenue in Huntington Beach, where the line will be connected to the "seawater transmission line" that the City is leasing from OCWD. The proposed pipeline will be constructed partially within public flood control right -of -way in a pipeline easement, and partially within street rights -of -way. The City approved an Agreement, September 12', 1994, with the County of Orange for use of the Talbert Flood Control Channel right -of -way and to obtain an easement. A project vicinity map is included as Attachment "A". This segment of the Groundwater Development Project will allow delivery of well water from Fountain Valley to the City's water distribution system. It will connect the City's proposed water well discharge lines to the existing "seawater transmission line" that was leased from OCWD in 1991. The design consultant, ASL Engineers, Inc., has completed the pipeline design and has prepared detailed construction plans and specifications. The Council approved the design contract at the January 9th, 1995, Council meeting. 0 Groundwater Development Project - Page 2 Reach No. 3 Water Transmission Pipeline Authorization to Advertise Bids May 80. 1995 The estimated cost for the overall project is $2,850,500. The City previously approved a pre - purchase of pipe materials to facilitate the required summer construction schedule. The Engineers' Estimate for construction costs is $1,902,150. These construction costs are distributed as indicated in the table 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. Engineers' Cost Estimate Item Amount Mobilization /demobilization & clean-up $ 65,000 Install 8,862 linear feet of 36 -inch pipeline 1,105,000 Install 170 linear feet of 24 -inch pipeline 29,750 Jack & bore 506 linear feet of 36 -inch pipeline in 54 -inch casing 277,500 Install 30 -inch butterfly valve in vault 68,750 Install two, 24 -inch butterfly valves in vaults 109,500 Install misc. air- vacuum release valves 16,750 Construct tie -ins to existing water mains 23,150 Pothole undisclosed utilities 3,250 Remove & dispose of interfering underground utility conduits 8,000 Construct protective reinforced concrete slab near SD pump station 40,500 Install cathodic protection stations & anode beds 33,500 Traffic control & signage 11,500 Provide excavation safety measures 99,500 Pressure test, flush & disinfect pipeline 10,500 Total Estimated Cost $1,902,150 The contract time of completion is 145 calendar days. Assuming approval of staffs recommended action to award the contract, the construction effort could commence mid -June 1995. The project specifications only allow the contractor until October 15' to complete work within the flood control channel right -of -way because of permit requirements set by OCEMA. To complete the work in the flood control channel within this schedule window, the City must award the contract for construction at the earliest possible time. L J Groundwater Development Project - Page 3 Reach No. 3 Water Transmission Pipeline Authorization to Advertise Bids May 8'", 1995 If the City awards the contract immediately after bids are received, the resulting completion for the Reach No. 3 Pipeline should be approximately mid - October 1995. Staff recommends approval to advertise for construction bids. Respectfully submitted, �EFF STANEA(;L Jeff Staneart, P.E. Utilities Director ]5: sdi Attachment: "A ": Project Vicinity Map List of Prior Relevant Council Actions: City council September 10th, 1990 ...Accept Grant of Easement from CSDOC February W, 1991 .....Approve Seawater Pipeline Lease with OCWD January 25'h, 1993........ Approve and Certify Project EIR April 2e, 1994 .............Approve Reach No. 2 Pipeline Design Contract September 12'h, 1994.... Approve Easement Lease with OCEMA January 9, 1995.......... Approve Plans & Advertise Reach No. 2 Pipeline Contract . hothed to Publish Advertisements of all kinds ing public notices by I Occsec of the Superior Court of orange County, Asna. Number A -6714, September 79, 1961, and A -74631 June 11, 1963. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. County of Orange ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of .eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the NEWPORT BEACH -COSTA MESA DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, County p of Orange, State of California, and that N pUSLICNOTICE NOTICE attached Notice is a true and complete co I INVITING BIDS as was printed and published on the C ceived at the office of the following dates: 1 Boulevard, Post Office Box o'clock m. oo 3tst day of ; May 12, 17, 1995 Mar. 1111.5, at wnlcn time such bids a411 be ooened No. C 7004 -L e is Estimate 1 d by the City his 8th day of Wands E. Rapplo, City Clark Prospective bldders mey, obtain ■ 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. 1 declare, under penalty of perjury, that the For further Information, call Jeff $taneart, at 644. foregoing is true and correct. 3011. Published Newport Beach -Costa Mesa Daily Pilot May 12, 17, 1995. Executed on May 17 1 199 S F416 at Costa Mesa, California. Signatur at Costa Mesa, California. Signatur 6 4 RELEASE OF STOP NOTICE IVED '98 JJL 31 All :46 TO:_. City of Newport Beach _ OFFICE OF THE CITY CLERK ATTN: Construction Funds Disbursing Officer 3300 Newport Rlvd,, Newport Reach, CA 92658 -8915 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: November 20, 1997 , In the amount of $ 33,604.99 against: City of Newport Reach as the owner or public body and lYlnrray C.omnany _ as the prime contractor in connection with the work or improvement Known as: in the City of Newport Beach County of Orang State of California. Date: July 27, 1998 Name of Claimant: IND><1STRIAI. AS, P,HALT� By: �_ (a —w�„' /1 Sandra Weissenbacher Title: Credit Administrator VERIFICATION I, the undersigned, state: I am the Credit Administrator 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 July 27, 1998 at LOS ANGELES California. Copies Sent Tx ❑ Maya By: 0 Council Member Authorized Agent Fn.E: Murray Company 0 Manager Attorney.