Loading...
HomeMy WebLinkAboutC-3122 - Kings Road Storm Drain ImprovementsJuly 6, 1998 9 • CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Gillespie Construction, Inc. 245 Fischer, B -3 Costa Mesa, CA 92626 (714) 644 -3005 Subject: Contract No. 3122 - Kings Road Storm Drain Improvements On May 11, 1998, the City Council of Newport Beach accepted the work of the subject project and authorized the City Clerk to file a Notice of Completion and to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. The Notice of Completion was recorded by the Orange County Recorder on June 1, 1998, Reference No. 19980339390. The Surety for the contract is United Pacific Insurance Company, and the bond number is U2735636. Sincerely, LaVonne M. Harkless, CMC/ AAE City Clerk LH:cf cc: Public Works Department encl. 3300 Newport Boulevard, Newport Beach RECEIVED Page BIDDER'S BOND J U N 0 4 tg97 GILLESPIE CONSTRUCTION, INC. We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of TEN PERCENT OF AMT. BID dollars ($ 10% OF BID to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of KINGS ROAD STORM DRAIN IMPROVEMENTS (title of project and contract no.) in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to duly enter into and execute the Contract Documents for the construction of the project in the forth required within ten days (10) (not including Saturday. Sunday, and federal holidays) after the date of the mailing of Notice of Award; otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing 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. Witness our hands this 3 rd day of JUNE 19_L GILLESPIE CONSTRUCTION, INC. Principal UNITED PACIFIC INSURANCE COMPANY *AP 6 Cnt Name Title 3 /f] Print Name & Title by: Signature of Attorney in -fact (Notary acknowledgment of Principal 8. Surety mu a at a hed) STATE OF COUNTY OF CALIFORNIA RIVERSIDE I SS. On 613191 , before me, ROSEMARY STANDLEY PERSONALLY MICHAEL D. STONG personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowl- edged to me that he /she /they executed the same in his/ her /their authorized capacity(ies), and that by his /her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature OPTIONAL _. ROSEMARY STANDLEY CoMt f #1090462 a Q • 1 NOTARY PUCLIC • CALIFORNIA f0 R RIVERSIDE COUNTY My Coaun. F�pires Jwe 1.2IX70 This area for Official Notarial Seal 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 TITI.E(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL I ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID -081 Rcv. 6 /94 ALL - PURPOSE ACKNOWLEDGEMENT RELIANCE SURETY COMPANY ELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del- aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called "the Companies ") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Michael D. Stong, of Riverside, California their true and lawful Attorneyls)-in -fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorney(s) -in -Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows: ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the President, the Chairman of the Board. any Smior Vice President. any vice President w Assistan: Vice President w odor pith, desigratad by the Board Of Directors shall have power and authority to (al appoint Attomaylnl- inFact and to authorize them to execute on behalf of the Company. bonds and undertakings, recognizance,, contracts of indemnity and other writings obligatory in the nature thereof, and Ibl to remove any such Attorneylsl -irl at any time am revoke the power and authority given to them. 2. AawneylsbinFact shall have Power and authority, subject to the terms and limitations of the Power of Attorney issued to them. to execute deliver on behalf of the Company, bonds and undertakings, recopnixances, Contracts of indemMry and other writings obligatory in the nature thereof. The corporate seal a hot nxesaarY for the validity of any bonds and undertakings. recognizances, contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorneylsl -in -Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizanccs, contracts of Indemnity or other conditional or obrigatory, undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By -Laws of the Company or any article or section thereof. This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the Executive and Finance Committees of the Boards of Directors of Reliance Insurance Company, United Pacific Insuance Company and Reliance National Indemnity Company by Unanimous Consent dared as of February 28, 1994 and by the Exeedive and Financial Committee of the Board of Directors of Reliance Surety Company by Unanimous Consent dated as of March 31. 1994. -Reserved that the slgna[urn of such directors and officers and the seat of the Company may be affixed to any such Power of Attorney or any certificates refining t ral by facwthile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such Power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Cwnpany, in the future with respect to any bond or undertaking to which It is attached., IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this July 19, 1996. 3 SEAL' �''1'' 'z. •ji aF 'RA W01 r ` I qae ! aear`!C STATE OF Washington } COUNTY OF King } as. RELLANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY w�'�f) � /• + ?f,• "i a ref On this, July 19, 1996, before me, Janet Blankley, personally appeared Mark W. Alsup, who acknowledged himself to be the Vice President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company, and Reliance National .Indemnity Company and that as such, being authorized to do so, execute a foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized officer. O In witness whereof, I hereunto set my hand and official seal. I, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMP ANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereb, of Attorney executed by said Companies, which is still in full force and effect. ,y,.' IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 3&1 day of %,,____ ocsoa;; r if •; ,r •' '' �a ••♦ 19�! Assistant Secretary _ CALIFORNIA ALL•PURPOE ACKNOWLEDGMENT • State of California County of Orange On // 97 betoreme, Margaret Mary Young Notary Date Name and Title of Ofliner (e.g.. 'Jane Doe, Notary Public ") personally appeared Floyd Bennett �� Name(s) of Signer(s) cypersonally known to me – OR –❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), 8 MARGARET M. YOUNG or the entity upon behalf of which the person(s) acted, COMM. M 1112317 executed the instrument. Notary Public - California o ORANGE COUNTY WITNESS my hand and official seal. • ' My Comm. Expires NOV. 22, 2000 } Signature of N.I. . u tic OPTI L Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Floyd Bennett ❑ Individual iM Corporate Officer Title(s): Secretary /Treasurer Partner — ❑ Limited ❑ General ❑ ❑ ❑ Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: Top of thumb here INC. Signer's Name: ❑ El ❑ J J ❑ Number of Pages: Individual Corporate Officer Title(s): Partner — ❑ Limited Attorney -in -Fact Trustee LL–i General Guardian or Conservator Other: Signer Is Representing: RIGHTTHUMEPRINT OF SIGNER i RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 0 Recorded in the County of orange, California Gary L. Granville, Clerk /Recorder `! II! II! IIII! IIIIIIII!! IIIIIIIII! !IIIIIIII!I!Ilflll!I!!!IIII!III No Fee 19960339390 2:14pm 06/01/98 508 26014262 26 72 N12 1 0 6.00 0.00 0.00 0.00 0.00 "Exempt trom recording fees pursuant to Government Code Section 6103" NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the City of Newport Beach, 3300 Newport Boulevard, Newport Beach, California, 92663, as Owner, and Gillespie Construction Inc of Costa Mesa California, as Contractor, entered into a Contract on June 23 1997. Said Contract set forth certain improvements, as follows: Kings Road Storm Drain Improvements. C -3122, Work on said Contract was completed on August 19, 1997, and was found to be acceptable on May 11, 1998 by the City Council. Title to said property is vested in the Owner, and the Surety for said Contract is United Pacific Insurance Companv IM r 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 Il���� �I�I!� at Newport Beach, California. BY City Clerk if r� May 21,1998 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Orange County Recorder Post Office Box 238 Santa Ana, California 92702 (714) 644 -3005 RE: Notice of Completion for Marguerite Avenue Sewer Main Improvement Project (C-3171) Notice of Completion for Kings Road Storm Drain Improvements (C -3122) Please record the enclosed documents and return it to the City Clerk's Office. Thank you. Sincerely, 1 LaVonne M. Harkless, CMC /AAE City Clerk LH:lvi Attachments 3300 Newport Boulevard, Newport Beach May 11, 1998 CITY COUNCIL AGENDA ITEM MO. 8 rt TO: Mayor and City Council Members r I FROM: Public Works Department �StS ��El'S- -j AI , � SUBJECT: COMPLETION AND ACCEPTANCE OF KING8 ROAiSTORM DRAIN IMPROVEMENTS, CONTRACT NO. 3122 RECOMMENDATIONS: 1. Accept the work. 2. Authorize the City Clerk to file a Notice of Completion. 3. Authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. DISCUSSION: On June 23, 1997, the City Council authorized the award of the above referenced contract to Gillespie Construction, Inc. of Costa Mesa, California. The contract provided for the complete removal and replacement of a deteriorated hillside storm drain and portions of an existing sewer main. The contract has now been completed to the satisfaction of the Public Works Department. A summary of the contract cost is as follows: Original bid amount: $69,871.00 Actual amount of bid items constructed: 70,560.20 Total amount of change orders: 8,113.51 Final contract cost: $78,673.71 The increase of $689.20 in the actual bid items over the estimated bid items constructed resulted from an increase in the pipe length constructed of an 18 -inch storm drain. The final overall construction cost including change orders was 12.6% over the original bid amount. The following four (4) change orders were issued to complete the project: • A change order in the amount of $1,509.93 provided for the dewatering of ground water to construct a concrete junction structure. • a SUBJECT: COMPLETION AND ACCEPTANCE OF THE KINGS ROAD STORM DRAIN — CONTRACT NO, 3022 May 11, 1998 Page 2 A change order in the amount of $2,580.21 provided for a slurry backfill of the storm drain trench between two residences. A change order in the amount of $1,023.77 provided for the removal of an existing 18- inch CMP storm drain exposed on a slope surface. A change order in the amount of $3,000.00 provided for the construction of a concrete storm drain junction structure for purposes of avoiding entering Caltrans R/W. Funds for the project were budgeted in the General Fund and Sewer Enterprise Funds follows: Description Account Number Amount Storm Drain Improvement Program 7012- C5100008 $11,673.71 Kings Rd /PCH /Dover Drive Storm Drain 7012- C5100009 60,000.00 Sewer Main Replacement Program. 7531- C5600292 7,000.00 TOTAL $78,673.71 The contract specified completion of all work within twenty (20) working days from date of the "Notice to Proceed ". Based upon a written notice to proceed on July 22 1997, the completion date was August 19, 1997. All work with the exception of punch -list items were completed by that date. Respectfully submi ed, PUBLIC WORKS DEPARTMENT Don Webb, Director By: Horst Hlawaty Construction Engineer • \\ dp\ sys \groups\pubworks\counclMB\may- 11\3122 -kings storm draiir.doc L J • • June 23, 1997 2 3 !0 CITY COUNCIL AGENDA ITEM NO. YPR.0,VED TO: MAYOR AND MEMBERS OF THE CITY COUNCIL % % FROM: PUBLIC WORKS DEPARTMENT SUBJECT: KINGS ROAD STORM DRAIN IMPROVEMENTS CONTRACT NO. 3122 RECOMMENDATIONS: 1. Approve the plans and specifications. 2. Award Contract No. 3122 to Gillespie Construction Inc. for the total price of $69,871.00 and authorize the Mayor and the City Clerk to execute the Contract. 3. Establish an amount of $7,000.00 to cover the costs of testing, materials and additional work. DISCUSSION: At 11:00 A.M. on June 11, 1997, the City Clerk opened and read the following bids for this project: Bidder Low Gillespie Construction Inc. 2 Seven C's Construction, Inc. 3 Atlas - Allied, Inc. 4 Trautwein Construction 5 R & L Sewers *Corrected Total Bid Price is $144,973.20 The low bidder is 4% less than the Engineer's estimate of $73,000. Am n $69,871.00 $97,340.00 $117,619.00 $122,190.00 $145,033.20* Gillespie Construction, Inc. is a well qualified general contractor who has successfully completed previous contracts for the City. The proposed improvements provide for the complete removal and replacement of an existing deteriorated hillside storm drain. The property owner has granted an additional SUBJECT: KINGS ROAOORM DRAIN IMPROVEMENTS . CONTRACT NO. 3122 June 23, 1997 Page 2 easement to allow the replacement storm drain to be constructed on a new alignment • which allows sufficient clearance from an existing adjacent sewer main. The project also calls for the replacement of a portion of deteriorated existing sewer main adjacent to the storm drain. The improvements will facilitate drainage of stormwaters and sewage. A project location map is attached. Sufficient funds are available in the Kings Road /Pacific Coast Highway Storm Drain Replacement, Account No. 7012- C5100009 ($60,000.00), Storm Drain Improvement Program, Account No. 7012- C5100008 ($9,871.00), and Sewer Main Replacement Program, Account No. 7531- C5600292 ($7,000.00). Respectfully submitted, (Z-0-CL Don Webb Public Works Director By �epheh Luy Project Engineer Attachment: Project Location Map • • n J �4. T.(y I� A 0!p u I'Rp l JEC CpAST T a° x w F e~ a DRIVE LOCAT � ON [Op C -3122 CITY OF NEWPORT BEACH DRAWN S.J.L. DATE PUBLIC WORKS DEPARTMENT APPROVED KINGS ROAD PR HC EOJF,CT ENGINEER STORM DRAIN IMPROVEMENTS DRAWING NO. EXHIBIT "A" I e NOTICE INVITING BIDS Sealed bids may be received at the office of the City Cleric, at 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, Ca. 92658 -8915 until 10:30 a.m. on the 5th day of June, 1997, at which time such bids shall be opened and read for KINGS ROAD STORM DRAIN IMPROVEMENTS 3122 Contract Number $73.000.00 Engineer's Estimate mac, R i Approved by William Patapoff 42e City Engineer Prospective bidders may obtain one set of bid documents at no cost at the office of the Public Works Department, 3300 Newport Boulevard, P. O. Box 1768, Newport Beach, CA 92658 -8915. For further information, call Stephen Luy at 644 -3330. Project Manager CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT PROPOSAL KINGS ROAD STORM DRAIN IMPROVEMENTS CONTRACT NO. 3122 To the Honorable City Council City of Newport Beach 3300 Newport Boulevard, P. O. Box 1768 Newport Beach, California 92663 -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. 3122 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: ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL NO. AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 1. Lump Sum Mobilization / v /Alo Ao (15Gf) d Dollars 00 y� ! and V / 2___Cents $ per Lump Sum 2. Lump Sum Traffic Control Dollars D� and / u0 Cents $ per Lump Sum P -1 • 0 i ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL NO. AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 3. 200 L.F. Construct 18 -Inch P.V.C. Storm Drain 7� Dolwrsl h� and af lyQ Cents $1 $ � per Linear Foot 4. 105 L.F. Construct 18 -Inch R.C.P. Storm Drain (2000 -D) W/ Concrete Slurry & Trench Resurfacing. T n Dollars and / 00 00 /j Cents $ ,7 Jo per Linear Foot 5. 105 L.F. Remove Existing and Construct New 8 -Inch P.V.C. Sewer Main With Trench Patch per Linear Foot 6. 3 Each Construct P.C.C. Pipe Collar , � /V / —// re Dollars and O Cents Per Each 7, 4 Each Construct P.C.C. Pipe Anchor Per Each 00 MAN Dollars and /,� U n a OQ V6 Cents $� $ < P -2 Dollars 00 OLI ^/ yp and Cents $ LL` �^� $ 4 per Linear Foot 6. 3 Each Construct P.C.C. Pipe Collar , � /V / —// re Dollars and O Cents Per Each 7, 4 Each Construct P.C.C. Pipe Anchor Per Each 00 MAN Dollars and /,� U n a OQ V6 Cents $� $ < P -2 ITEM NO. E 0 0 QUANTITY ITEM DESCRIPTION AND UNIT UNIT AND UNIT PRICE WRITTEN IN WORDS PRICE 1 Each Construct P.C.C. Junction Structure H =1.5 -Feet, P =85' 3/�P Dollars ,t and / � Cents Per Each TOTAL. PRICE; DD D $ $ 3 0DD 9. 1 Each Construct P.C.C. Junction Structure H =1.5 -Feet, P =15" /xreP /��ndre � j( 60 d IgVe Dollars and / V O Cents $ 3,dLz, $ 3 Per Each 10. 1 Each Construct P.C.C. Junction Structure H= 6- Feet,,— P/ =15" /t/� ✓ A0 645 /_ J Dollars and NO Cents Per Each 11. Lump Sum �j is Remove and Replace Existing Vegetation / /11-re 31r)U��Q�� �' //� e?Aollars n and / VrJ Cents Per Lump Sum 12. 7,680 S.F. Slurry Seal Existing Parking Lot With Type I Slurry d0 � $$ 3�0 ad �Vn Dollars and " G� Cents $_,20 $ per Square oot P -3 • 0 ITEM QUANTITY ITEM DESCRIPTION AND UNIT UNIT TOTAL NO. AND UNIT PRICE WRITTEN IN WORDS PRICE PRICE 13. Lump Sum Remove and Reinstall Existing Wheel Stops and PCC /Filled Metal %Posts Dollars y� and /J Cents $t/' Per Lump Sum 14. Lump Sum Restripe Parking Lots to Match Existing �J Dollars and Cents $ Per Lump Sum TOTAL PRICE IN WRITTEN WORDS l ol) e 5i Sever rs Il r Dollars 6� Y i iinP 7// r/ and Cents $� Total Bid Price (figures) Bidder's Bidder's Address Bidder's Telephone Number // / c��i� 3 Contractor's License No. & Classification 'y704S 16 3 -- Date P -4 <5 rtc & Title ve�f / %re�5v2 Page 2 • • : rr• The following documents shall be completed, executed and received by the City Clerk in accordance with NOTICE INVITING BIDS: PROPOSAL INSTRUCTIONS TO BIDDERS (Page 2) DESIGNATION OF SUBCONTRACTORS (Page 3) BIDDER'S BOND (Page 4) NON - COLLUSION AFFIDAVIT (Page 5) TECHNICAL ABILITY AND EXPERIENCE REFERENCES (Page 6) except that cash, certified check or cashiers 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 Contract 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 total bid prices. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available in the office of the City 5/97 0 Page 7A Clerk. All parties to the contract shall be governed by all provisions of the California Labor Code relating to prevailing wage rates (Sections 1770 -7981 inclusive). The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." All documents shall bear 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. L /y�oa S. /7- Contractor's License N6' . & Classification o74 Bidder 3-%/ Date 5/97 I.—Orlied Signatureffitle 0 0 Page 3 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 represents that he /she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any moneys to be withheld to endure performance under the Contract. The Bidder, by signing _ this designation, certifies that bids from the following subcontractors have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. M"UTIMUM41 1.L 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Bidder 5/97 Subcontractor Authorized SignatureMtle a GILLESPIE CONSTRUCTION, INC. COMPLETED PROJECTS As of April, 97 CUSTOMER NAME & ADDRESS JOB LOCATION CONTRACT AMOUNT AMERICAN GOLF CORP. 348 El Toro Golf Course 235,461 1633 26th Street 355 Cherry Ave. /Jeromino St. Improvements 228,629 Santa Monica, CA 90404 362 Rancho San Joaquin Storm Drain i 18,182 CALIFORNIA CORRIDOR 447 San Joaquin Hills Transportation 66,475 CONSTRUCTORS i P.O. Box 57018 Irvine, CA 92619 -7018 i CALTRANS DEPT. OF TRANSP. 1 356 Norco Housing 1,129,326 1120'W' Street Room 39 429 Orange County Fairgrounds 147,192 Sacramento, CA 95814 i CALVARY CHAPEL 377 Green Valley Tank Site 104,089 3800 S. Fairview Road Santa Ana, CA CALVARY CHAPEL GOLDEN 457 Calvary Chapel Golden Springs, Grading &Parking 116,029 SPRINGS j Lot CARLSON LANDSCAPING 350 County of Orange 54,045 9050 Blackbird Ave. Fountain Valley, CA 92708 CATELLUS 454 Akins- Rideemoor Debris Basin 827,000 5 Park Plaza 9400 464 Akins Westchester Grading 1,709,907 Irvine, CA 92714 465 Akins Westchester Storm Drain 55,002 476 Line A Outlet Structure i 12,500 CITY OF ANAHEIM 108 Lakeview /LaPalma Storm 200 S. Anaheim Blvd. (109 Walnut Creek Sewer &Storm Drain 52,000 Anaheim, CA 1 156 Patrick Henry Storm Drain 441,000 (714) 254 -5100 376 Vintage Lane Soundwall 120,458 409 Residential Lots 12,233 E:nihol&gmmijoblistfinishedgil 1 of pages ALESPIE CONSTRUCTION, A. COMPLETED PROJECTS As of April, 97 CUSTOMER NAME & ADDRESS JOB LOCATION CONTRACT AMOUNT CITY OF BREA 146 Laurel Ave. Street Improvements 146,000 91 Civic Center Circle 1 152 Lambert Rd. Street Improvements 15,000 Brea, CA 92621 172 Firestation 93 330,000 (714) 990 -7600 i 176 Sewer Relocation 44,640 CITY OF COSTA MESA 1 196 Arlington Drive Storm Drain & Street Imp. 185,000 77 Fair Drive 316 Fire Station 325,179 Costa Mesa, CA 92626 410 Iowa St. Storm Drain 50,494 (714) 754 -5000 427 Street Improvement Newport & 18th St. 171,450 432 Indus St. Drainage Imp. 45,738 T CITY OF COVINA 396 5,000 Gallon Reservoir and Pumps 537,593 125 E. College 1 412 Sewage & Pump Station 64, 151 Covina, CA (818) 858 -7212 CITY OF DANA POINT i 385 Street Widening - Stonehill & Selva 1,075,571 33282 Golden Lantern 451 Sidewalk Improvements on PCH 34,050 Dana Point, CA (714) 248 -9890 CITY OF FULLERTON 122 Emery Park Phase III 64,000 303 W. Commonwealth 123 Malvern-Brea Creek Tie -In Improvements 120,000 Fullerton, CA 92632 198 Drainage Improvements 97,000 (714) 738 -6845 304 Harbor Bastanchury Road Widening 210,370 308 Lions Park Storm Drain 94,048 309 Brea Blvd. Widening 68,657 319 Berkeley/Harbor Storm Drain 106,694 321 Bike Trail 55,536 322 Highland Ave. Widening 1 18,865 CITY OF GARDEN GROVE i 320 Street, Storm Drain Improvements 190,052 CITY OF HUNTINGTON BEACH 401 H.B. Playcourt Reconstruction 383 Huntington Lake Storm Drain 125,055 305,555 Public Works Department 2000 Main Street 414 Inlet Drive 177,345 Huntington Beach, CA 92648 462 Corsican Flood Control Channel 50,727 463 Slater Flood Control Channel 16,733 f:�mhol &.general \jobligTinishedgil 2 of 9 pages GOLESPIE CONSTRUCTION, A. COMPLETED PROJECTS As of April, 97 CONTRACT CUSTOMER NAME & ADDRESS JOB LOCATION AMOUNT CITY OF INDUSTRY ( 403 Commuter Rail Station Parking Lot Improvements 1,154,971 15651 E. Stafford Street (Grading & Storm Drain Imp.) City of Industry, CA 91744 416 Industry Hills Parking Lot & Roadways 1 800,198 CITY OF IRVINE ( 419 Amalfi Drive Seepage Mitigation 13,580 1 Civic Center Plaza 47' ) Westpark 11- Offisite Irvine, CA 92713 (714) 724 -6000 i CITY OF LAGUNA BEACH 155 Heisler Park Slope Reconstruction 230,000 505 Forest Avenue 370 Wastewater Pump Station Improvements 239,418 Laguna Beach, CA 92651 1 405 Storm Damage 40,076 (714) 497 -0339 j 415 Animal Shelter 13,673 456 Cress Street Retaining Wall 105,114 458 Animal Shelter Bridge 86,728 459 Canyon Acres Drive Fire Access Road 69,021 i 461 Dunning Drive Landslide Repair 698,201 466 Laguna Beach Water District I 44,410 CITY OF LAGUNA NIGUEL 1 441 Callendar Court 211,639 27801 La Paz Laguna Niguel, CA 92656 (714) 362 -4300 CITY OF LONG BEACH 35 Landscape Modification 148,000 333 W. Ocean Blvd. 136 Gabion Slope Repair 168,000 Long Beach, CA 90802 (310) 570 -6555 CITY OF NEWPORT BEACH 101 Old Newport Blvd. 90,000 3300 Newport Blvd. 128 Oasis Park & 5th St. Improvement 242,000 Newport Beach CA 92663 131 1983 -84 Storm Drain Improvement 218,000 (714) 644 -3311 194 Ticket Booth Const. 58,000 311 Hospital Road Widening 275,157 306 Backbay Trail 1,063,334 418 Misc. Storm Drain Const. 382,319 428 Hazel Drive 494,747 425 Channel Drive 51,365 450 Balboa Blvd. Reconst. 891,513 452 Bolsa Park 161,452 460 Main Street Sidewalk Improvements 66,902 471 MacArthur Blvd. 7,068 E `mhold\gm=l \joblist\tinishe&gi1 1 of 9 pages GfLESPIE CONSTRUCTION, A. COMPLETED PROJECTS As of April, 97 CUSTOMER NAME & ADDRESS JOB LOCATION CONTRACT AMOUNT CITY OF NEWPORT BEACH (Cont.) 1 472 Balboa Manholes 17,283 475 Corona Del Mar Alley & Water Main i _ 373,649 CITY OF ORANGE i 305 Tustin St. Street Improvements 216,620 300 E. Chapman Ave. Orange, CA 92666 j CITY OF SAN JUAN CAPISTRANO j 115 Sunhollow Improvements 184,000 32400 Paseo Delanto ! 120 Alipaz & Del Obispo St. Improvements 93,000 San Juan Capistrano, CA 92675 1 302 Del Obispo St. Widening 209,000 (714) 493 -1171 328 Drainage Improvements 64,000 332 Del Obispo Storm Drain i 234,000 CITY OF TUSTIN i 195 Bell Avenue Storm Drain 96,673 300 Centennial Way 1 453 Pinetree Park Parking Bay Improvements 92,779 Tustin, CA 92680 455 Reconstruction °C" Street 65,983 (714) 573-3000 CITY OF VELLA PARK 1 467 Villa Park Storm Drain 147,708 17855 Santiago Blvd. Villa Park, CA 92861 (714) 998 -1500 i v CITY OF WHITTLER 353 Savage Canyon Landfill 1,224,745 13230 E. Penn Street ! 374 Savage Canyon Landfill 170,720 Whittier, CA 375 Gas Distribution Wells 15,17 & 18 36,362 (310) 945 -8200 393 Savage Canyon Landfill 1 17,161 449 Well 413 MCC Building 54,950 CITY OF YORBA LINDA 390 Street/Storm Drain 111,896 P.O. Box 7487 404 Remove & Replace AC 145,900 Yorba Linda, CA 92686 443 Town Center Plaza 93,383 (714) 961 -7100 445 Brooklyn Avenue 1 69,804 COTO DE CAZA DEVELOPMENT 169 Gabion Drop Structures 630,000 P.O. Box 438 180 Rip Rap Slope Protection 260,062 Trabuco Canyon, CA 92678 181 Storm Drain Improv. 159,693 184 Gabion Slope Repair 16,285 186 Gabion Slope Repair 140,513 188 Low Flow Crossing 11 39,606 192 Corrective Work I 240,642 f: �mhold\genenhiobliA\finishedgil 4 of 9 pages ` ALESPIE CONSTRUCTION, It. COMPLETED PROJECTS As of April, 97 CUSTOMER NAME & ADDRESS JOB LOCATION CONTRACT AMOUNT COUNTY OF LOS ANGELES, 111 Rambla Pacifico 36,555 ROAD DEPARTMENT 1540 Alcazar Street Los Angeles, CA 90033 i COUNTY OF ORANGE 148 Stonehill 316,120 400 Civic Center Drive ? 160 EMA Palm Ave. Street and Storm Drain 268,864 Santa Ana, CA 92651 197 Stonehll Drainage Improvements 29,000 (714) 834 -3100 435 Delhi Channel 603,200 COUNTY OF ORANGE -EMA 367 Missions Planned Community Road Closures 42,604 P.O. Box 4048 Santa Ana, CA 92702 -4048 CYPRESS HOMES, INC. 448 Sorrento Stormwater Pump Station 469,500 14 Corporate Plaza (Project 49226 -1) Newport Beach, CA 92660 DANA STRAND BEACH CLUB j 133 Rock Slope Protection 260,000 34001 Dana Strand Road Dana Point, CA 92632 EASTERN MUNICIPAL WATER 382 Grant Ave. and Corwin Pumping Plants 854,453 DISTRICT i ESSLINGER FAMILY TRUST 470 Laguna Terrace Park 208,941 LAGUNA TERRACE PARK 30802 S. Coast i-Lghway Laguna Beach, CA 92651 FERGUSON PARTNERS Same As Above 4199 Campus Drive, #1000 Irvine, CA 92715 I GENTRY GOLF 413 Island Golf Center 195,619 14893 E. Ball Road Anaheim, CA i GORDON & WILLIAMS i 468 Rotoshake 175,898 26081 Merit Circle #123 477 Teen Center (K.B.F.) 49,140 Laguna Bills, CA 92653 484 Roaring Twenties -North Project (K.B.F.) 278,005 (714) 367 -7818 f.Nnhoiat�nlonruTwishca®i 5 of 9 pages ! • GILLESPIE CONSTRUCTION, INC. COMPLETED PROJECTS As of April, 97 CONTRACT CUSTOMER NAME & ADDRESS JOB LOCATION AMOUNT HON DEVELOPMENT 335 Storm Drain, Stairway 755,420 25200 La Paz Rd., #210 Laguna Hills, CA 92653 (714) 586 -4400 IRVINE RANCH WATER DISTRICT 387 Pump Station 575,795 15600 Sand Canyon Ave. Irvine, 92618 (714) 453 -5300 KNOTT'S BERRY FARM j 119 Various Grading & Improvements 734,000 8039 Beach Blvd. 121 Various Grading & Improvements Buena Park, CA 90620 i 144 Storm Drain Improv. (714) 220 -5228 161 Parking Improvements 185 Dolphin Park Improv. 315 Landscape Maint. Grading 45,591 389 Grand Ave. Parking Lot 373,490 407 Spirit Lodge 293,855 426 Steak House 62,986 431 Fiber Optics Phase IIA 565,061 442 Farmwide Communications 171,361 468 Rotoshake 175,898 LAGUNA BEACH COUNTY WATER 339 Grading & Storm Drain Improvements 392,000 DISTRICT 306 3rd Street Laguna Beach, CA (714) 494 -1041 LATDLAW GAS RECOVERY SYSTEMS 324 Grading Improvements 329 Sewer & Water -. 449,532 857,000 39899 Ballentine Dr., Ste. 275 Newark, CA 94560 334 Methane Gas Header 238,000 336 Landscaping 71,000 346 Realignment of Sewer, Water & Gas Line 161,189 352 Pump Station 95,083 391 44,805 LAKE ELSINORE UNIFIED SCHOOL 369 Temescal Canyon High School 309,223 DISTRICT 545 Chaney Street Lake Elsinore, CA 92330 f :`mhold\genml \jobliaVnished.gi, 6 of pages G�LESPIE CONSTRUCTION, INC. COMPLETED PROJECTS As of April, 97 CONTRACT CUSTOMER NAME & ADDRESS JOB LOCATION AMOUNT LOS ALISOS WATER DISTRICT 110 Grading &Site Improvements 95,000 P.O. Box 699 34' ) Rough Grading 817,434 El Toro, CA 92630 i LOS ANGELES COUNTY DEPT. OF 371 Eaton Wash Spreading Grounds 893,734 PUBLIC WORKS, MISC. DEPT. 900 S. Fremont Ave. 1 373 Schabarum Regional Park 398 San Dimas Reservoir 790,116 797,640 Alhambra, CA 91803 y 406 Kenneth Hahn Park 379,546 408 Santa Anita Debris Basin 261,343 434 Morgan Debris Basin 338,377 439 Rio Hondo Spreading Grounds 9li,201 ORANGE COUNTY ENTA PUBLIC 340 Niso Beach Front Improvements 344 OCEMA (Pelican Hill) 297,203 484,785 WORKS DEPT. P.O. Box 4048 347 Bee Canyon Landfill 165,992 Santa Ana, CA 92702 -4048 j 351 Portola Parkway Storm Drain 113,000 359 Santiago Canyon Landfill 507,089 ORANGE COUNTY WATER DIST. 380 Santiago Basin Revegetation 178,080 10500 Ellis Avenue 402 Alamitos Barrier Injection Well 142,567 Fountain Valley, CA 92708 PULTE HOME CORPORATION 337 Grading & Storm Drain Improvements 1,110,298 270 Newport Center Drive 345 Retaining Wall 33,731 Newport Beach, CA 92660 424 Storm Drain & Street Repair 27,286 (714) 721 -0622 RANCHO SANTA MARGARITA 381 Antonio Parkway 166,196 30211 Avenida de Las Banderas, Ste. 200 Rancho Santa Margarita, CA 92688 I RANCHO SANTIAGO COMMUNITY 1 372 Parking Improvements 1,606,214 COLLEGE 17th Street at Bristol Santa Ana, CA 92706 REAL ESTATE DEVELOPMENT 183 Grading - Tract 11356, Lot 6 303 Point Del Mar , 29,758 70,000 18302 Irvine Blvd., Ste. 360 Tustin, CA 92680 f4nho1ftmm1\iob1iaT'mished. &1 7 of 9 pages GPLESPIE CONSTRUCTION, I1C. COMPLETED PROJECTS As of April, 97 CONTRACT CUSTOMER NAME & ADDRESS JOB LOCATION AMOUNT REGENTS OF THE UNIVERSITY 199 UCI Parking Lot No. 14 145,000 OF CALIFORNIA AT IRVINE 30' ) UCI Parking Lot No. I 9 110,000 Irvine, CA 92717 313 Lot 6 & 80 Modifications 118,963 318 Unit 5 Site Grading 252,567 384 UCI Grading, Storm Drain 258,312 417 Erosion Control 18,803 433 Jamboree Widening 138,900 RESEARCH ENTERPRISES 323 Research Enterprises 2,500 SADDLEBACK VALLEY 430 Saddleback Valley School District^ 25,050 SCHOOL DISTRICT STANDARD PACIFIC ' 327 Bike Way Drains 13,500 1565 W. MacArthur Blvd. i 349 Retaining Walls 122,699 Costa Mesa, CA 92626 (714) 546 -1161 STATE OF CALIFORNIA DEPT. ! 108 El Pescador State Park 63,000 OF PARKS AND RECREATION ; 112 Topanga State Park 14,400 2422 Arden Way, Ste. A -1 I Sacramento, CA !, STATE OF CALIFORNIA MISC. 429 Pavement/Drainage 149,800 1111 Howe Ave., Ste. 650 Sacramento, CA 95825 -8541 TAISEI CONSTRUCTION 480 Monarch Beach Storm Drain 138,839 301 E. Ocean Blvd., Ste. 400 480 Monarch Beach Storm Drain Phase U 220,000 Long Beach, CA 90802 THE BREN COMPANY 354 Pelican Hilt Pump Station 621,945 5 Civic Plaza, Ste. 100 Newport Beach, CA 92660 THE IRVINE COMPANY 139 Big Canyon Grading 120,000 550 Newport Center Dr. 141 Entryway Improvements 165,000 Newport Beach CA 92660 145 Grading &Improvements 600,000 (714) 720 -2000 147 Site Improvements 480,000 149 Back Bay Erosion Control 120,000 157 Flagstone Park 143,693 158 Big Canyon Landscape 700,000 310 Mac Arthur Blvd. Widening 552,411 f VnhoI4mmI j obIL<Tuii. a gi1 8 of 9 pages 0 0 GILLESPIE CONSTRUCTION, INC. COMPLETED PROJECTS As of April, 97 CONTRACT CUSTOMER NAME & ADDRESS JOB LOCATION AMOUNT THE IRVINE COMPANY (Continued) 178 Center Dr. Realignment 179 Monroe Street Improv. 135,000 91,000 182 R.C. Box Structure 56,242 187 Jamboree Road Widening 458,479 189 Big Canyon Slope Repair 66,000 190 Post Office Parking Lot 158,214 f317 Sewer Cleanout 4,300 163 Back Bay Sewer 45,000 174 Los Trancos Parking Lot 140,000 333 Peters Canyon Grading 382,000 338 Jamboree Rd. Widening 566,000 360 Pelican Hill Syphon 414,000 361 Pelican Hill Road 35,000 378 Rock Shelter 27,729 392 Newport Coast 28,808 397 Pelican Hills Golf Course i 126,687 THREE VALLEYS MUNICIPAL 386 Miramar Reservoir 1,587,000 WATER DISTRICT 3300 Padua Avenue Claremont, CA 91711 TRI -STAR CONSTRUCTION 314 Luau Area and Gold Rush Camp 116,591 UNION OIL & GAS DIVISION 177 Kraemer Access Road 67,500 Western Region 9645 S. Santa Fe Springs Santa Fe Springs, CA 90670 i WESTERN INDUSTRIAL 342 Raymer Avenue Street Improvements 136,008 3325 Pico Blvd. I Fullerton P+ihoi4M =iyoeim\r„W�a.r;l 9 of 9 pages State of California ) ss County of FJ NON - COLLUSION AFFIDAVIT 0 Page 5 _ �ht , bei first my s om, deposes and says that he or she is c % / of .the party making the foregoing bid; that the bid is not made in the int est of, or on behalf o , any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Bidder Althorized Si natureffitle f7oc�l 1�er�rie�� Subscribed and sworn to before me this3i day of � / yn'-'p , 19Z7 IsEAL) Notary is My C fission Expires: 8^ • MARGARET M. YOUNG ' t � COMM. # t 1 12377 r, m ' �� � Notary Public California .: ORANGE COUNTY My Comm. Expires NOV. 22, 20C� 5/97 CALIFORNIA ALL- PURPON ACKNOWLEDGMENT • State of California County of Orange On C S— 9 21—, before me, Date Margaret Mary Young. Nota Name and LUe of OBim, (e.g., "Jane Doe. Notary PutW) personally appeared Floyd Bennett , Names) of S,gner(s) V personally known to me — OR — _ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /shelthey executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), �v� MARGARET M. YOUNG or the entity upon behalf of which the person(s) acted, W COMM. x 1112317 ¢ S : o Notary Public - California " 0 OflANGEcOUNTY d `••0" My Comm. Expires NOV . 22, 20of' executed the instrument. WITNESS my hand and official seal. " S,gnaNre of Notay Public OPT/O Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Flovd Bennett Individual Corporate Officer Title(s): Secretary /Treasurer Partner —i— Limited -General - Attorney -in -Fact Trustee Guardian or Conservator �. Other: TOp Ji ;OUrnb here 1 Signer Is Representing: I GILLESPIE CONSTRUCTI N, INC. ii I i Number of Pages: Signer's Name: Individual Corporate Officer Title(s): Partner — : - Limited - General - Attorney -in -Fact - Trustee Guardian or Conservator Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER 0 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/she has performed and successfully completed. Year For Whom Person Com°leted Performed (Detail) To Contact O Bidder 5/57 Telephone Number 0 0 Page 7 NOTICE TO SUCCESSFUL BIDDER The following Contract Documents shall be executed and delivered to the Engineer within ten (10) days (not including Saturday, Sunday and Federal holidays) after the date of mailing Notice of Award to the successful bidder: LABOR AND MATERIALS PAYMENT BOND (Page S) FAITHFUL PERFORMANCE BOND (Page 9) CERTIFICATE OF INSURANCE (Page 10) GENERAL LIABILITY INSURANCE ENDORSEMENT (Page 11) AUTOMOBILE LIABILITY INSURANCE ENDORSEMENT (Page 12) CONTRACT (Page 13) 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. The Labor and Materials Payment Bond and Faithful Performance 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. Pursuant to Public Contract Code Section 22300, appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract Insurance companies affording coverage shall be (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) assigned Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property-Casualty. Coverages shall be provided as specified in the Standard Specifications for Public Works Construction, except as modified by the Special Provisions 5/97 PREMIUM INCLUDED IN PERFORMANCE BOND Page 8 EXECUTED IN FOUR COUNTERPARTS BOND NO. U2735636 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted June 23 1997 has awarded to . 1IespjP Construction, Inc. hereinafter designated as the "Principal," a contract for x; .T_ Road Storm Drain jwxovementG (Contract No. 1122 —) in the City of Newport Beach, in strict conformity with the plans, drawings, specifications and other Contract Documents in the office of the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3122 and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, We the undersigned Principal, and,UNITED PACIFIC INSURANCE COMPANY duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety ") are held firmly bound unto the City of Newport Beach, in the sum of SLxty nine thousand P1 Dollars ($±9 ,871)90 lawful money of the United States of America, 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 to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this 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. 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 and in accordance with the provisions of Sections 3247 et. seq. of the Civil Code of the State of California. And 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 5/97 STATE OF CALIFORNIA SS. COUNTY OF RIVERSIDE On �ti. �' o� , before me, ROSEMARY STANDLEY PERSONALLY APPEARED SUSAN C. MONTEON personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowl- edged to me that he /she /they executed the same in his/ her /their authorized capacity(ies), and that by his /her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature :J � " 'vim 4n v OPTIONAL ROSEMARY SIVIDLEY Y- a COVI�4.41000462 _ . � t3".D y RU ?AftY PIi3�.IC C.:LiFGF:NIA N My Ceram. FxOires June 7. 2700 This areafor Official Notarial Seal 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(5) OR ENTRT (IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE IDOSI Fur.61191 ALL- PURPOSE ACKNOWLEDGEMENT • • Page BA obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or to the work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 30th day of JUNE 19 97 Gillespie Construction, Inc. Name of Contractor (Principal) UNITED PACIFIC INSURANCE COMPANY Name of Surety 700 N. BRAND BLVD., STE 1250 Address of Surety GLENDALE , CA 91203 Autho ize ,5i nature /(f rr P�"/f SiJPh Title Authorized Agent Signature SUSAN C. MONTEON ATTORNEY -IN -FACT Title (818) 240 -6960 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 5/97 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • State of California County of Orange On '7 g�e On 6 -alb —/ / before me, Margaret Mary Young, Notary Date Name and Ttle of OXicer je.g..'Jane Doe, Natary Pvblic') personally appeared Terry D. Gillespie Name)sl of Signer(s) personally known to me – OR – _ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by 8 MARGARET M. YOUNG his /her /their signature(s) on the instrument the person(s), COMM, M 1112917 or the entity upon behalf of which the person(s) acted, X s, Notary PubHb - California o executed the instrument. ORANGE COUNTV My Comm. Enplrea Npv. 22, 2oo0 + WITNESS my hand and official seal. NO Signature of NOtp a is OPT10 L v Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attacheci nncument Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Terry D. Gillespie Individual Corporate Officer Title(s): President Partner — Limited E� General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: GILLESPIE CONSTRUCTION Number of Pages: Signer's Name: Individual Corporate Officer Title(s): Partner — = Limited General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER PREMIUM: $1,747.00 Page 9 EXECUTED IN FOUR COUNTERPARTS BOND NO. U2735636 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ 1,747.00 being at the rate of $ 25. othousand of the Contract price. WHEREAS, the City Council of the City of Newport Beach, State of California, by motion adopted June 23, 1997 has awarded to Gillespie Construction. Inc. hereinafter designated as the "Principal ", a contract for No. 3122 in the City of Newport Beach, in strict conformity with the plans, drawings, specifications, and other Contract- Documents maintained in the Public Works Department of the City of Newport Beach, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute Contract No. 3122 and the terms thereof require the furnishing of a Bond for the faithful performance of the Contract; NOW, THEREFORE, we, the Principal, and UNITED PACIFIC INSURANCE COMPANY , duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety "), are held and firmly bound unto the City of Newport Beach, in the sum of Sixty nine thousand eight ($ 69, 871.00 ), lawful money of the United States of America, said sum being equal to 100% 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 ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal'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 Contract Documents 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 fails to indemnify, defend, and save harmless 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 Performance Bond, there shall be included costs 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, 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 way 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. 5/97 STATE OF CALIFORNIA COUNTY OF RIVERSIDE On �( /� 7 -,before me, _ PERSONALLY APPEARED SUSAN C. MONTEON personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowl- edged to me that he /she /they executed the same in his/ her /their authorized capacity(ies), and that by his /her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SignatureL'`' f ' I SS. ROSEMARY STANDLEY OPTIONAL Y� ^NRO�cI, °.ARY SIANOLLY r✓p�A1�4. ih10J04o2 v a R ? • a 40TA8r PL''xuC - G4lIF0RMA w cc RIVERSIDE COUNTY My Ca,m. Fxpiln J -me 7. M This area for Official Notarial Seal 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) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE ID-O°' R, ,6/94 ALL- PURPOSE ACKNOWLEDGEMENT Page 9A This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for six (6) months following the date of formal acceptance of the Project by the City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 30th day of JUNE '19 97 D Gillespie Construction, Inc. Name of Contractor (Principal) Authopzed Sig ature/Title Tarr„ UNITED PACIFIC INSURANCE COMPANY CLLR C_Jr� - ^Cl Name of Surety 700 N. BRAND BLVD., STE 1250 Address of Surety GLENDALE , CA 91203 Authorized Agent Signature SUSAN C. MONTEON (818) 240 -6960 Telephone NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED 5/97 CALIFORNIA ALL- PURPOSPACKNOWLEDGM ENT • State of California County of Orange On (rJ) -a 6— 7 Z before me, Margaret Mary Young, Notar Date Name and LIIe of Officer (e.g.,'Jane 00e, Notary TbIle) personally appeared Terry D. Gillespie Names) of Sigoerfs) personally known to me — OR —= proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by 8 011M� �m MARGARET M. YOUNG his /her /their signature(s) on the instrument the person(s), COMM.k1112317 or the entity upon behalf of which the person(s) acted, Q NotaryPublic - California m executed the instrument. m ORANGE COUNTY Comm. ExpiresNOV. 22,2000 WITNESS my hand and official seal. iOEatie+cm�.evovww T Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Terry D. Gillespie Individual Corporate Officer Title(s): President Partner — = Limited ❑ General Attorney -in -Fact Tri tstpp El Guardian or Conservator Other: Signer Is Representing: GILLESPIE CONSTRUCT Number of Pages: Signer's Name: Individual Corporate Officer Title(s): Partner — -- Limited �— General Attorney -in -Fact Trustee Guardian or Conservator LE Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER RELIANCE SURETY COMPANY 4ELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Del- aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called "the Companies ") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Susan C. Monteon, of Riverside, California their true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorney(s)- in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now in full force and effect, reading as follows: ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Atiornaylsl-m -Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and Ibl to remove any such Attorney(s)-in -Fact at any time and revoke the power and authority given to them. 2. Anomeylsl -in -Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts at Indemnity and other writings obligatory In the nature thereof. 3. Ah.meylsl-in -Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By -Laws of the Company or any article or section thereof. This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the Executive and Finance Committees of the Boards of Directors of Reliance Insurance Company, United Pacific Insurance Company add Reliance National Indemnity Company by Unanimous Consent dated as of February 28. 1994 and by the Executive and Financial Committee of the Board of Directors of Reliance Surety Company by Unanimous Consent dated as of March 31, 1994. 'Resolved that the signatures of such difectora antl officers and the seal of the Company may be affixed to any such Power of Attorney of any certificates foisting thnato by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such Power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company, In the future with respect to any bond or undertaking to which it is attachetl.' IN WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this July 19, 1996. RELIANCE SURETY COMPANY ��`" f'�"'" ,'v` �"•. RELIANCE INSURANCE COMPANY tP�ra "' ,(�•t••� s" i `SE~SLf UNITED PACIFIC INSURANCE COMPANY slut a� 7 ISGL° l� wa" O RELIANCE NATIONAL INDEMNITY COMPANY —T` STATE OF Washington } COUNTY OF King ] ss. On this, July 19, 1996, before me, Janet Blankley, personally appeared Mark W. Alsup, who acknowledged himself to be the Vice President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized officer. ES D RLq In witness whereof, I hereunto set my hand and official seal. P1. yaSwv �y.f! ` NCligy'�r"c WltYit (/� PUBLIC N tYN%t r 9l 12.2947 O fp %WAS>itNt+� Notar Public in and for the State of Washi ton Residing at Puyallup I, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMP- ANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of'LX_J_ 1997. ` Y scu /O : � ong, iU l lost Assistant Secretary a'I :. T -, a s t -' "r -:. n +i•1;�7i!.'�i :"p ss pie; ipi �t' (.:tii_t:,�s2i:ro, f _1 _ CERTIFICATE OF INSURANCUNk I 7 3/`9'7 , PRODUCER 10 COMPANIES A ORDING COVERAGE Seltzer Insurance Service COMPANY A 1524V East Mayfair Avenue LETTER National Casualty Company COMPANY Progressive Insurance Group Orange, CA 92867 (714) 289 -7676 LETTER INSURED COMPANY LETTER C Fireman's Fund Insurance Company Gillespie Construction, Inc. COMPANY D 245 Fischer Avenue, B -3 LETTER California Compensation Insurance Co Costa Mesa, CA 92626 COMPANY LETTER COVERAGES 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 NUMBER EFFECTIVE DATE EXPIRATION DATE ALL LIMITS IN THOUSANDS LTR GENERAL LIABILITY (OCCURENCE BASIS ONLY) - GENERAL AGGREGATE $ 2,000,000 A X COMMERCIAL PRODUCTS/COMPLETED 2 , 000, 000 COMPREHENSIVE OPERATIONS AGGREGATE $2,000,000 X OWNERS B CONTRACTORS PERSONAL INJURY $ 2,000,000 PROTECTIVE CLS331953 4/1/97 4/1/98 CONTRACTUAL FOR SPECIFIC CONTRACT PRODUCTS /COMPLETED OPERATION _ __ EACH OCCURENCE $2,000,000 XCU HAZARDS FIRE DAMAGE $ 50, 000 X BROAD FORM PROPERTY DAMAGE • SEVERABILITY OF INTEREST CLAUSE ' .ov Y NE FIRE) NE • P. I. WITH EMPLOYEE EXCLUSION LSURANC ^' ICAL EXPENSES $ REMOVED // MARINE I (AN O PERSON) AUTOMOBILE LIABILITY GLE LIMIT $1,000,000 ANY AUTO BODILY INJURY ,a ALL OWNED AUTOS (PER PERSON) B SCHEDULED AUTOS CA08080671 4/1/97 4/1/98 BODILY INJURY $� _ HIRED AUTOS (PER ACCIDENT) NON -OWNED AUTOS - PROPERTY $ GARAGE LIABILITY DAMAGE °� EXCESS LIABILITY EACH AGGREGATE OCCURENCE G UMBRELLA FORM XEK95589453 8/18/96 8/18/97 $1,000,00 $1,000,0 OTHER THAN UMBRELLA FORM .... STATUTORY WORKERS' COMPENSATION & $1,000,000 EACH ACCIDENT D EMPLOYERS' LIABILITY W969110457 9/1/96 9/1/97 $1,000,000 DISEASE - POLICY LIMIT $1,000,000 DISEASE -EACH EMPLOYEE OTHER DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLESIRESTRICTIONS /SPECIAL 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: Kings Road Storm Drain Improvements Contract No. 3122 PROJECT TIRE AND CONTRACT NUMBER CERTIFICATE HOLDER CANCELLATION ADDITIONALLY INSURED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE NON - RENEWED, CANCELLED OR CITY OF NEWPORT BEACH COVERAGE REDUCED BEFORE THE EXPIRATION DATE THE COMPANY AFFORDING P.O. BOX 1768 COVERAGE SHALL PROVIDE 30 DAYS MINIMUM ADVANCE NOTICE TO THE CITY OF 3300 NEWPORT BOULEVARD NEWPORT BEACH BY FIRST CLASS MAIL. NEWPORT BEACH, CALIFORNIA 92658 -8915 , 7/3/97 ATTENTION:_ Steve LUy j^ p DR R E '�'li ISSUE DATE 0 0 It is agreed that: Page 11 1. With respect to such insurance as is afforded by the policy for General Liability, the City of Newport Beach, its officers and employees are additional insureds, but only with respect to liability arising out of operations performed by or on behalf of the named insureds in connection with the contract designated below or acts and omissions of the additional insureds in connection with its general supervision of such operations. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage. 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 1 of this endorsement shall be the limits indicated below written on an "Occurrence" basis: (I Commercial () Comprehensive General Liability $ 2,000,000 each occurrence $ 2,000,000 aggregate The applicable limit of Contractual Liability for the company affording coverage shall be reduced by any amount paid as damages under this endorsement in behalf of the additional insured(s). 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. 9/97 F 0 Page 11A 6. Should the policy be non - renewed, canceled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. Designated Contract: Kings Road Storm Drain Improvements Contract No. 3122 Project Title and Contract No. This endorsement is effective No. CLS331953ofNational 7/3/97 at 12:01 a.m. and forms a part of Policy Casualty (Company Affording Coverage). Insured: Gillespie Construction, Inc. Endorsement No.: ISSUING COMPANY By: nom, 4 A Authorizedfikepresent ive 5/97 0 0 It is agreed that: Page 12 1. With respect to such insurance as is afforded by the policy for Automobile Liability, the City of Newport Beach, its officers and employees are additional insureds, but only with respect to liability for damages arising out of the ownership, maintenance or use of automobiles (or autos) used by or on behalf of the named insured in connection with the Contract designated below. The insurance extended by this endorsement to said additional insured does not apply to bodily injury or property damage arising out of automobiles (1) owned by or registered in the name of an additional insured, or (2) leased or rented by an additional insured, or (3) operated by an additional insured. The insurance afforded said additional insured(s) shall apply as primary insurance and no other insurance maintained by the City of Newport Beach shall be called upon to contribute with insurance provided by this policy. 2. The policy includes the following provision: "The insurance afforded by the policy applies separately to each insured who is seeking coverage or against whom a claim is made or suit is brought, except with respect to the limits of liability of the company affording coverage." 3. The limits of liability under this endorsement for the additional insureds named in Paragraph 1 of this endorsement shall be the limits indicated below for either Multiple Limits or Single Limit: 9/97 () Multiple limits Bodily Injury Liability $ per person Bodily Injury Liability Property Damage Liability # Combined Single Limit Bodily Injury Liability & Property Damage Liability $ 1,000,000 per accident 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. Page 12A 4. Should the policy be non - renewed, canceled or coverage reduced before the expiration date thereof, the Issuing Company shall provide 30 days' advance notice to the City of Newport Beach by registered mail, Attention: Public Works Department. 5. Designated Contract: Kings Road Storm Drain Improvements Contract No. 3122 Project Title and Contract No. This endorsement is effective 7/3/97 at 12:01 a.m. and forms a part of Policy No.CA08080671 Of Progressive Insurance (Company Affording Coverage). Insured: Gillespie Construction, Inc. Endorsement No.: ISSUING COMPANY By: / <.... Authorized presentati j 5/97 0 C� 9JNft7 �JI 0 Page 13 THIS AGREEMENT, entered into this .4�79i( day of 1947 by and between the CITY OF NEWPORT BEACH, hereinafter "C' ," and Gillespie Construction, Inc. hereinafter "Contractor," is made with reference to the following facts: A. WHEREAS, City has advertised for bids for the following described public work: Kings Road Storm Drain ( "Project ") 3122 Project Description Improvements Contract No. B. WHEREAS, Contractor has been determined by City to be the lowest responsible bidder and Contractor's bid, and the compensation set forth in this Contract, is based upon Contractor's careful examination of all Contract documents, plans and specifications. NOW, THEREFORE, City and Contractor agree as follows 1. CONTRACT DOCUMENTS The complete Contract for the Project includes all of the following documents: Notice Inviting Bids, Instructions to Bidders, Proposal, Bidder's Bond, Non - Collusion Affidavit, Faithful Performance Bond, Labor and Materials Payment Bond, Permits, General Conditions, Standard Plans and Standard Special Provisions, Plans and Special Provisions for Contract No. 3122 , 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, 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. 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. As full compensation for the performance and completion of the Project as required by the Contract Documents, City shall pay to Contractor and Contractor accepts as full payment the sum of Sixty nine thousand eight hundred __seventy one Dollars ($ 69,871.00 ), 5/97 0 0 Page 14 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. Contractors 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 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 Contractor and to City, addressed as follows: CITY CONTRACTOR City of Newport Beach Gillespie Construction, Inc. P.O. Box 1768 245 Fischer Avenue, B -3 Newport Beach, CA 92658 -8915 Costa Mesa, CA 92626 6. LABOR CODE 3700 LIABILITY INSURANCE 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. 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 5/97 0 0 Page 15 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. 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 Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in Contractor's bid. A. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: Insurance Services Office Commercial General Liability coverage "occurrence" form number CG 0001 (Edition 11/85) or Insurance Services Office form number GL 0002 (Edition 1/73) 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: General Liability: $ 2,000,o06mbined 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. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 1 Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability. 5/97 M 1 5/97 9 • Page 16 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; guaranteeing payment of losses administration and defense expenses. OTHER INSURANCE PROVISIONS or Contractor shall procure a bond and related investigations, claim The policies are to contain, or be endorsed to contain, the following provisions: 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 Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its officers, officials, employees or volunteers. b. 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 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. Contractors 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. 0 0 Page 17 2. Workers' Compensation and Employers Liability overage 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 Contractor for City. 3. 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, 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 Contractor to stop Work under this Agreement and /or withhold any payment(s) which become due to CONTRACTOR hereunder until CONTRACTOR demonstrates compliance with the requirements of this article. S. RESPONSIBILITY FOR DAMAGES OR INJURY A. City and all officers, employees and representative's 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 Contractor, or its subcontractors, or its workers, or anyone employed by it. B. 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 Contractor's work on the Project. C. 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 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 Contractor's subcontractors or suppliers on the project, and shall include reasonable attomeys' fees and all other costs incured in defending any such 5/9] Page 18 claim. 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 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. The rights and obligations set forth in this Article shall survive the termination of this Agreement 9. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Agreement and all other Contract Documents by Contractor is a representation that 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, the parties hereto have caused this contract to be executed the day and year first written above. ATTEST: TY C K APPROVED AS TO FORM: CI ATTORNEY FAcatldebbie%agWd.doc 5/97 CITY OF NEWPORT BEACH A Municipal Corporation By: i CONTRACTOR By: Aa:�w Author d Signature and Title ie Cons �ivC�iorl�r Ar,5PlR ' 05-14-97 P/T4, de /)f CALIFORNIA ALL- PURPOS4P ACKNOWLEDGMENT State of California County of Orange On G -ar- 2 7 before me, Date Margaret Ma 0 Young, Nota Name antl T.le of G iCe( ie.g..'Jane Doe. Notary Public') personally appeared Terry D. Gillespie N-t`om of Signet(sl personally known to me — OR — — proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /sheithey executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), MARGARET M. YOUNG • or the entity upon behalf of which the person(s) acted, G : 1O COMM. # 1172317 ,� NOtdly PUbIIC ClIIfOr0i2 executed the instrument. � � ORANfiE COUNtY � Mpcamm.8xpuea Nov.3z, aooc WITNESS my hand and official seal. Signature of Notary lic OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Terry D. Gillespie Individual Corporate Officer Title(s): President Partner Limited ^ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: GILLESPIE CONSTRUCTION, Number of Pages: Signer's Name: Individual Corporate Officer Title(s): Partner — Limited __ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF VGNER .+ ©6;02%97 17:39 PUBLIC -WORKS � 714 540 1148 r CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT KINGS ROAD STORM DRAIN IMPROVEMENT CONTRACT NO. 3122 ADPENDUM NO. 1 No. 040 002 BIDDERS shall propose to complete Contract No. 3122 in accordance with the Plans, Proposal, Contract Documents and Special Provisions as modified by this Addendum: 1. The bid opening date is changed to June 11, 1997. 2. The bid opening time is changed to 10:30 AM. >+rr+rrr+ rrrrsrro+a »rrr » +a +> says ++ »+r >r+ > + + +rre..r r..........aa+ + >a >r +ay> + + +a + ++ Please execute and date this addendum and attach it to our PROPOSAL. Failure to do so may result in disqualification of your bid. f�7 DATE Maria Matlove Project Manager 1 have carefully examined this Addendum and included full payment therefore in my PROPOSAL -3 -i7 DATE Bidder's N A thong Signature THE NEWPORT BEACH • COSTA MESA Pitt • of 0:111V _ Dear Advertiser: Client Reference # 0%d 3) Z Z Daily Pilot Reference # L -3 3 Enclosed please find clipping of our ad from the first publication, beginning J4 97 If you need to make any changes or corrections, please call me at your earliest convenience. The cost of this publication will be $ Thanks for your cooperation and patronage. FUM17M NOTICE NOTICE INVITING BIDS Sealed bids may be re- ceived at the office of the City Clerk, at 3300 Newport Boulevard, P.O. Box 1768, Newport Beach, Ca. 92658- 8915 until 10:30 a.m. on the 5th day of June, 1997, at which time such bids shall be opened and read for: STORM DRAIN IM-, PROVEMENTS ON KINGS! ROAD Contract Number 3122 Engineer's Estimate: 590,000.00 ! Approved by William Pat -, apoff, City Engineer Prospective bitlders mayl obtain one set of bid docu. ments at no cost at the of- fice of the Public Works Department, 3300 Newport Boulevard, P.O. Box 1768. Newport Beach, CA 92658- 8915. For further information, call Stephen Luy, at 644- 3330. Published Newport Beach -Costa Mesa Daily Pilot May 16, 21, 1997. FW933 330 West Bay Street, Costa Mesa, CA 92627 171 .4) 64< L'2 =4X Sincerel1ylr/,�,11}� g Manager U Legal Advertising Department July 1, 1997 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Seven C's Construction 34101 Violet Lantern St. Dana Point, CA 92629 Gentlemen: (714) 644 -3005 Thank you for your courtesy in submitting a bid for the Kings Road Storm Drain Improvements project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similar nature. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach July 1, 1997 • C' CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Atlas - Allied, Inc. 1210 N. Las Brisas Anaheim, CA 92806 Gentlemen: (714) 644 -3005 Thank you for your courtesy in submitting a bid for the Kings Road Storm Drain Improvements project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similar nature. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach July 1, 1997 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 Trautwein Construction 14046 Santa Ana Avenue Fontana, CA 92337 Gentlemen: (714) 644 -3005 Thank you for your courtesy in submitting a bid for the Kings Road Storm Drain Improvements project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similar nature. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach July 1, 1997 9 E CITY OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 R & L Sewers, Inc. 8815 E. Somerset Blvd. Paramount, CA 90723 Gentlemen: (714) 644 -3005 Thank you for your courtesy in submitting a bid for the Kings Road Storm Drain Improvements project in the City of Newport Beach. Enclosed is the Bid Bond which accompanied your proposal. Your cooperation in working with us on this matter is greatly appreciated, and we hope that you will accept future opportunities to bid on projects of a similar nature. Sincerely, LaVonne M. Harkless, CMC /AAE City Clerk Enclosure 3300 Newport Boulevard, Newport Beach